for Highway Construction Page 28 of 715 SECTION 104 – SCOPE OF WORK
104.01 Intent of Contract .
A.General. The contract intent is to define the scope of work and identify the rights and obligations of the Department and the Contractor for the construction, execution, and completion of the work. Perform the work as required by the contract.
B.Construction Partnering: The Department intends to develop a partnership between the Department and the Contractor, including Subcontractors, for project success through the requirement of Construction Partnering. Construction Partnering is “Establishing open lines of communication, making commitments to solve problems, treating all members of the team with respect, and focusing on the ultimate project purpose and associated goal. . . (AASHTO Partnering Handbook, 2018).” The purposes of Construction Partnering are: • To enhance project and work zone safety • To produce customer -focused results • To use innovative problem solving • To overcome extraordinary challenges • To effectively administer the contract • To provide timely completion of projects To help achieve success, follow these specifications and the recommendations in the ITD Construction Partnering Guide (Partnering for Construction Project Success Guide) found at the following link: https://itd.idaho.go v/wp-content/uploads/2022/03/Construction_Partnering_Guide.pdf . If formal or informal partnering is not indicated in the contract documents, the Department and the Contractor will agree if formal or informal partnering will be used. If formal partnering, select and use a professional partnering facilitator who is mutually agreed upon by the Contractor and the Engineer. If needed and agreed upon, partnering status can be changed from informal to formal at any time. Schedule and coordinate at least one “kick -off” construction partnering workshop. Additional meetings and frequency will be determined using the guide. Construction Partnering is used to help solve project issues in a timely manner and does not relieve either party of contractual obligations or remove either party’s rights; the standard specifications for claims and disputes found in sections 105.16, 105.17, 105.18, and 105.19 remain valid. The requirements for documentation and submittals for disputes or claims are not relieved by the partnering specification. The Department suggests concurrent use of Construction Partnering and the claims/dispute settlement provisions mentioned above. The Department will pay for the professional partnering facilitator (for either informal or formal partnering) and approved associated expenses by invoice (i.e. facilitator costs, venue, etc.). The Department will pay the Contractor an additional 15 percent of the invoiced expenses to cov er partnering administrative costs. for Highway Construction Page 29 of 715 104.02 Contract Revisions.
A.General. The Engineer and the Contractor will provide the appropriate contract revision notices as specified in 104.03. On rec eiving the Engineer’s written authorization or change order , proceed immediately with the revised work. The Department and the Contractor are responsible for mitigating contract revision cost and time impacts . The Engineer will calculate the contract revision time and cost impacts as specified in 108.07 and 109.03, respectively. If the Engineer issues a change order revising the contract , return the change order signed or unsigned to the Engineer within 5 business days after receipt. If returning an unsigned change order to the Engineer, include a written explanation for not signing. The Department may withhold payment for the change order work until the Contractor submits a signed change order or unsigned change order with a written explanation.
1.Engineer Initiated. The Engineer may make changes in quantities and alterations in the work as are necessary to satisfactorily complete the project. The Contractor agrees to perform the work as altered without invalidating the contract or releasing the surety. An alteration in the work includes extra work that is not otherwise required by the contract.
2.Contractor Requested. If the Contractor requests a contract revision, the Contractor will notify the Engineer using the Department’s request for change form. Provide a detailed description of the change, the reason for the change, the benefit to the Department, the benefit to the Contractor, and a detailed cost analysis. Within 10 business days after receiving the Contractor’s notificati on, the Engineer will provide a written response to the Contractor with one or more of the following responses:
a.If the Engineer determines that the RFC form is complete and agrees with it, the Engineer will approve the RFC and issue a change order revising the contract .
b.If the Engineer does not approve the request, the Engineer will reject the RFC and provide a written response as specified in 104.03.
c.If the Engineer needs more information to make a determination, the Engineer will request the information and specify a due date.
B.Extra Work . When necessary or desirable to complete the contract, the Engineer may direct the Contractor to perfor m extra work. The Department will pay for extra work as specified in 109.03. The Engineer will determine time extensions, if warranted, as specified in 108.07. The Engineer will provide direction to the Contractor as specified in 104.03.
C.Differing Site Conditions . During the progress of the work, if subsurface or latent physical conditions are encountered at the project site differing materially from those indicated in the contract or if unknown physical conditions of an unusual for Highway Construction Page 30 of 715 nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the project site, the party discovering such condi tions will promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. On written notification , the Engineer will investigate the conditions, and if it is determined the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not a contract adjustment is warranted. A contract adjustment that r esults in a benefit to the Contractor will not be allowed, unless the Contractor has provided the required written notice.
D.Suspensions of Work Ordered by the Engineer. If the performance of work is suspended or delayed by the Engineer in writing for an unreasonable period of time (i.e., not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes additional pay and/or contract time are due as a result of such suspension or delay, the Contractor will submit in writing a request for an adjustment within 7 calendar days of receipt of the notice to resume work. The request will set forth the reasons and support for the adjustment. On receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost and/or time are required for contract performance has increased as a result of the suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or its subcontractors at any approved tier and not caused by weather, the Engineer will make an adjustment , excluding profit, and modify the contract in writing accordingly. The Contractor will be notified of the Engineer's determination whether or not a contract adjustment is warranted. A contract adjustment will not be allowed, unless the Contractor has submitted the request for adjustment within the time presc ribed. A contract adjustment will not be allowed under this clause to the extent that work performance would have been suspended or delayed by other causes or for which an adjustment is provided or excluded under other contract terms or conditions.
E.Significant Changes in the Character of the Work . If the alterations or changes in quantities significantly change the character of the work under the contract , whether the alterations or changes are in themselves significant changes to the character of the work or by affecting other work, cause the other work to become significantly different in character, an adjustment , excluding anticipated profit, will be made to the contract. The basis for the adjustment will be agreed on before the work begins. If a basis cannot be agreed upon, an adjustment will be made for or against the Contractor in an amount the Engineer determines to be fair. If the alterations or quantity changes do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. If the Engineer determines alterations or changes in quantities significantly change the character of the work, the Engineer will issue a change order revising the contract as specified in 104.02.A. If the Engineer determines the alteration, or change in quantity, is not a significant change to the character of work, and the Contractor disagrees, follow the notification procedures as specified in 104.03. for Highway Construction Page 31 of 715 If the alteration, or change in quantity, does not significantly change the character of the work, the Department will pay for the altered work at the contract unit price.
F.Eliminated Contract Pay Items. The Engineer may eliminate a contract pay item determined to be unnecessary to complete the work. Eliminating a contract pay item will not invalidate the contract. The Contractor, when notified of the elimination, will be reimbursed for the direct costs incurred before notification of elimination.
104.03 Notification of Contract Revision.
A.General. The step-by-step notification and documentation process to speed up the resolution of contract revisions is defined in 104.03. The responsibilities of the Department and the Contractor are outlined. The Contractor's noncompliance with the notification requirements of this section may constitute a waiver of entitle ment to a pay adjustment under 109.03 or a time extension under 108.07. Entitlement is waived if the Engineer is not afforded the opportunity by the Contractor to examine the project or is not afforded the opportunity to review the Contractor’s records.
1.Engineer’s Notification.
a.Engineer’s Notification and Request for Proposal. The Engineer will notify the Contractor of a contract revision, identify the scope of the revised work, and request a detailed cost and time proposal for the revised work. The request will specify a time requirement for the Contractor’s response.
b.Contractor’s Proposal. Provide the Engineer with a complete and itemized proposal within the time specified in the request at no additional cost to the Department, and include the following information:
1.The estimated increase or decrease in the contract amount.
2.The estimated increase or decrease in the contract time.
3.Other perceived adjustments necessary to complete the work.
c.Engineer’s Direction. The Engineer may issue a change order to the Contractor as specified in 104.02.A. If the Contractor disagrees with the Engineer's decision, the Contractor may pursue a claim as specified in 105.16.
d.Contractor’s Initial Written Notification . If required by 104.02 or 108.07, or if the Contractor believes the D epartment’s action, the Department's inaction, or some other situation has caused a contract revision, the Contractor must immediately provide initial written notification . On notification, the Engineer will investigat e the issue. The Contractor is encouraged to provide additional information requested as early as possible to help the Engineer in the prompt resolution of the issue. The Engineer will not require, in subsequent submissions, duplication of information already provided. for Highway Construction Page 32 of 715 e. Engineer’s Response to the Contractor’s Notifi cation . Within 10 business days after receiving the Contractor’s notification, the Engineer will provide a written response to the Contractor with one or more of the following responses:
1.If the Engineer determi nes that a contract revision exists, the Engineer will issue a change order as specified in 104.02.A.
2.If the Engineer determines that a contr act revision does not exist, the Engineer will provide the Contractor with a statement as to why the issue does not necessitate a contract revision.
3.If the Engineer needs more information to make a determination, the Engineer will requ est the information and specify a due date. If the Engineer does not provide a response or when the Contractor believes the Engineer has no further basis to request additional information as specified in 104.03.A. 1.e.(3) , or disagrees with the Engineer's d ecision, the Contractor may pursue the claim as specified in 10 5.16.
104.04 Value Engineering Change Proposals (VECP).
To reduce construction cost without impairing the project functions or characteristics, the Contractor may submit proposals to modify the plans, specifications, or contract . The Engin eer will not consider a VECP that changes the following:
1.Basic design or components of elevated structures .
2.Type, size, elevation, or structural requirements of foundat ions.
3.The types, thickness, or joint designs of a concrete, bituminous, or stabilized surface or base course .
4.Environmental mitigation commitments. The Department and the Contractor will equally share cost savings as a result of a Department -approved VECP. The Department will pay for a VECP through the change order process as specified in 104.02 and the payment will be considered as full consideration for performance of the change order work. Do not base prices in a bid proposal on an anticipated VECP approval. The Engineer will determine the acceptability of a VECP and the estimated net savings in construction cost. If the Engineer believes the contract unit prices do not represent the work, the Engineer may use other calculated costs (e.g., fair market value) for determining the estimated net savings. The Department will assume no liability in consideri ng a VECP, including delays and VECP refusals.
A.Submittal and Review of VECP Concept or Idea. To illustrate the VECP, submit the preliminary plans, specifications, and costs. Show whether sufficient time is available in the project schedule for a formal submittal and review before VECP implementation. The savings generated by the VECP must be sufficient to warrant a VECP review and processing. for Highway Construction Page 33 of 715 The Engineer will review the VECP concept or idea and will reject or approve the VECP concept or idea within 10 calendar days of the initial submittal . If the Engineer approves the VECP concept or idea, the Engineer will provide the Contractor with w ritten authorization to submit a formal VECP. The Engineer may evaluate the need for a contract time extension based on the additional time needed for the Engineer’s review and the expected impact on the Contractor’s schedule.
B.Formal Submittal of the VECP. The Engineer will only consider a formal VECP after approval of the initial submittal as specified in 104.04.A. Submit a formal VECP within 30 calendar days af ter written authorization and include the following:
1.A statement the final proposal is submitted as a VECP.
2.A description of the difference between the existing contract and the proposed change.
3.The advantages and disadvantages of each difference, including effects on s ervice life, economy of operations, ease of maintenance, benefits to the traveling public, desired appearance, and safety.
4.A complete set of plans and specifications that show the proposed revisions relative to the original contract features and requirements, including design calculations supporting the revision.
5.A complete cost analysis indicating the original estimated costs and quantities proposed to be replaced compared to the new costs and quantities in the VEC P.
6.A schedule or date for the Engineer to issue a change order to maximize cost reduction during the rest of the contract and the reason for this schedule.
7.A statement detailing the impact of the VECP o n final project completion.
8.A revised CPM schedule showing changes to the construction schedule resulting from the VECP.
9.A description of the conditions and results of previous use of the VECP.
10.If the proposal was previously submitted, provide the date, ITD contract number, and the action taken by the Department.
C.Conditions. A Contractor submitted VECP only applies to the contract referenced. When submitted, the VECP will become the Department’s property. The D epartment may duplicate and disclose data, unless the Contractor specifically restricts the use of certain portions of the VECP. This provision is intended to protect trade secrets, bidding and pricing methods, and rights provided by law wi th respect to patented designs, materials, or processes. The Department will not consider requests for additional costs or delays resulting from a VECP rejection. The Department wi ll not consider a submittal as a VECP if savings are the s ole result of the elimination or reduction of a single contract pay item. The Department will consider the VECP if savings result from the elimination or reduction in quantity of a contract pay item specified as part of a VECP. If specified as individual contract pay items , the Department may consider contingency items when reduced as part of a VECP to change the s cope , method, or procedure. for Highway Construction Page 34 of 715 D. Acceptance, Rejection, and Payment . After the Contractor formally submits the complete VECP, the Engineer will accept or reject the VECP within 30 calendar days. The Engineer will issue a change order that pays the Contractor 50 percent of the net savings amount. The Engineer will calculate the net savings amount by using the difference between the cost of the proposed changes to the work and the cost of the work as required by the contract , using contract unit prices or other calculated costs. The Department will not reimburse the Contractor for the development, design, and implementation of the VECP. The Department’s est imated cost to evaluate, review, and implement the VECP will not be included in the calculation of net savings. The Engineer will calculate the incentive payment using the following equation: S = (A -B)/2 Where: S = Share in quantifiable cost savings from the VECP. A = Cost of the work as required by the contract . B = Cost of the work as revised by the VECP. for Highway Construction Page 35 of 715 SECTION 105 – CONTROL OF WORK
105.01 Authority of the Engineer and Suspension of Work .
The Engineer decides questions regarding the quantit y, quality, acceptability of materials provided and work performed, work progress, contract interpretation, and acceptabl e contract fulfillment. The Engineer may order the Contractor in writing to suspend, delay, or interrupt the work for a condition or reason considered to be in the Department’s best interest. The Engineer may also suspend the work, wholly or in part for the Contractor’s failure to:
1.Correct conditions unsafe for project personnel or the public.
2.Complete c ontract provisions.
3.Comply with the Engineer’s direction. During periods of suspensions, perform the following tasks:
1.Maintain traffic.
2.Prevent damage to the project.
3.Provide normal drainage.
4.Protect erodible surfaces using approved erosion and sediment control measures.
5.Prevent water pollution.
6.Prevent damage by sedimentary deposits .
7.Erect temporary facilities as directed.
8.Maintain and protect the condition of newly planted living material. If a suspension increases the cost and/or time required to perform the work, the Engineer will determine the responsibility for and impacts of the suspension as specified in 104.02.D.
105.02 Plans and Working Drawings.
The Engineer will provide the C ontractor with electronic plans and proposal sets. The plans show structures, detail and roadway lines , grades , and typical cross -sections. The plans also show structure design and location and a schedule of items. Supplement the plans with working drawings to adequately control the work. Working drawings include shop and erection drawings, associated trade literature, calculations, schedules, manuals, and similar documents to detail required work. Keep 1 plan set, including approved working drawings, available at the project site. Submittals must be in pdf format, unless otherwise specified. Submit working drawings, including demolition plans. Include on each drawing and calculation sheet the project name as specified , district, county, route, bridge drawing number, contract number, contract drawing number, and key number. Obtain working drawing approval before starting work represented on the working drawings. Working drawing approval does not waive or relieve the Contractor’s responsibility for working drawing accuracy, including details and dimensions. For structu res, submit working drawings that include the following:
Source: Idaho Standard Specifications for Highway Construction, 2023 Edition. Pages 64–70 of 768.