104SCOPE OF WORK

104.01 Intent of the Contract. The intent of the contract is to prescribe a

complete outline of work which the Contractor undertakes to do in full compliance with the plans and specifications. The Contractor shall perform all earthwork, construct all base and surface courses, structures, and such additional, extra, and incidental construction as may be necessary to complete the work to the finished lines, grades, and cross sections in an acceptable manner. The Contractor shall furnish all required materials, equipment, tools, labor, and incidentals, unless otherwise provided in the contract, and shall include the cost of these items in the unit prices bid for the work. The quantities appearing in the bid schedule of prices are estimates prepared for the establishment of pay item prices and the comparison of bids. Payment to the Contractor will be made for the actual measured quantities performed and accepted or material furnished and accepted according to the contract, and the scheduled quantities may be increased, decreased, or omitted as herein provided. Art. 104.01 Scope of Work Under no circumstances shall the Contractor exceed any established pay item quantity without notification to the Engineer and receipt of written authorization as provided herein.

104.02 Alterations, Cancellations, Extensions, Deductions, and Extra

Work. The Department reserves the right to make, in writing, at any time during work, changes in quantities, alterations in work, and the performance of extra work to satisfactorily complete the project. Such changes in quantities, alterations, and extra work shall not invalidate the contract nor release the surety, and the Contractor agrees to perform the work as altered. If the alterations or changes in quantities significantly change the character of the work under the contract, whether or not changed by any such different quantities or alterations, an adjustment, excluding loss of anticipated profits, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount as the Engineer may determine to be fair and equitable. If alterations or changes in quantities do not significantly change the character of the work to be performed under contract, the altered work will be paid for as provided elsewhere in the contract. The term “significant change” shall be construed to apply only when the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction or when a major item, defined as an item whose total original contract cost plus any additions exceeds ten percent of the total original contract amount, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. All alterations, cancellations, extensions, and deductions shall be authorized in writing by the Engineer before work is started. Such authorizations shall set up the items of work involved and the method of payment for each item. The Contractor shall accept payment for alterations which result in an increase or decrease in the quantities of work to be performed according to the following. (a) All increases in work of the type which appear in the contract as pay items accompanied by unit prices will, except as provided under paragraph (d) herein, be paid for at the contract unit prices. Decreases in quantities included in the contract will be deducted from the contract at the unit bid prices. No allowance will be made for delays or anticipated profits. (b) Major items of work for which the quantities are increased by not more than 125 percent or reduced to not less than 75 percent of the original contract quantities will be paid for as specified in paragraph (a) above. Any adjustments for increased quantities for major items of work increased more than 125 percent shall only apply to that portion in excess of 125 percent of original contract quantities. Any adjustments made for major items of work which are decreased to less than 75 percent of the original contract quantities shall apply to the actual amount of work performed. Scope of Work Art. 104.03 (c) Extra work which is not included in the contract as pay items at unit prices and is not included in other items of the contract will be paid for according to Article 109.04. (d) Extra work for which there is a pay item at unit price in the contract which for any one or more of the following reasons materially increases or decreases the cost of the pay item as bid and which is not included in the prices bid for other items in the contract will be paid for according to Article 109.04. This includes: (1) Work involving a substantial change of location. (2) Work which differs in design. (3) Work requiring a change in the type of construction. (e) In cases where the Department cancels or alters any portion of the contract items, items which are partially completed will be paid for as specified in Article 109.06. Claims for extra work which have not been authorized in writing by the Engineer will be rejected.

104.03 Differing Site Conditions. During the progress of the work, if

subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the conditions, and if he/she determines the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of his/her determination whether or not an adjustment of the contract is warranted. No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. No contract adjustment will be allowed for any effects caused on unchanged work. Any adjustment in compensation because of a change or changes resulting from one or more of the conditions described in the foregoing paragraph will be made according to the provisions of Article 104.02. Any adjustment in contract time because of such change or changes will be made according to the provisions of Article 108.08. Art. 104.04 Scope of Work

104.04 Maintenance of Detours. When the road upon which construction is

in progress is closed to public use by the Engineer, the Contractor will, unless otherwise specified, be relieved of all responsibility in connection with the maintenance or marking of suitable detours.

104.05 Rights In and Use of Materials Found on the Work. The Contractor,

with the approval of the Engineer, may use on the work such stone, gravel, sand, or other material determined suitable by the Engineer as may be found in the excavation, and will be paid both for the excavation of such materials at the corresponding contract unit price and for the pay item for which the excavated material is used. The Contractor shall replace, at no additional cost to the Department, with other acceptable material, all of that portion of the excavation material so removed and used which was needed for use in the embankments, backfills, approaches, or otherwise. No charge for the materials so used will be made against the Contractor. The Contractor shall not excavate or remove any material from within the highway location which is not within the grading limits, as indicated by the slope and grade lines, without written authorization from the Engineer. Unless otherwise provided, the material from any existing old structure may be used temporarily by the Contractor in the erection of the new structure. Such material shall not be cut or otherwise damaged, except with the approval of the Engineer.

104.06 Final Clean Up. Before final acceptance, all borrow pits and ground

occupied by the Contractor in connection with the work shall be cleaned of all rubbish, excess materials, temporary structures, and equipment, and all parts of the work shall be left in a neat and presentable condition. The Contractor shall clean off all cement streaks or drippings, paint smears or drippings, rust stains, oil, grease, bituminous materials, dirt, and other foreign materials deposited or accumulated on or in any structure or curb and gutter due to the Contractor’s operations.

104.07 Value Engineering Proposals. The Contractor may submit to the

Department in writing, proposals for modifying the contract documents to provide innovative, alternative lower cost construction without impairing the essential functions and characteristics of the facility including, but not limited to, service life, reliability, economy of operation, ease of maintenance, necessary standardized features, desired appearance, or design standards. (a) Proposal Submittals. Value Engineering Proposals shall be submitted in two phases as follows. (1) Concept Phase. Prior to the submittal of any Value Engineering Proposal, the Contractor shall submit a brief summary outlining the concept of the proposal to the Central Bureau of Construction and the District Office. Within five working days after receipt of the proposal concept, the Department will notify the Contractor as to whether or not the proposal concept qualifies for consideration as Value Engineering. If it appears, based on the concept, the actual proposal will require a review period exceeding the normal review period, as outlined below, the Contractor will be so advised. Approval of the concept does not Scope of Work Art. 104.07 constitute or imply approval of the subsequent submittal of the complete Value Engineering Proposal. (2) After the concept has been approved, the Contractor, if electing to proceed with submittal of the complete Value Engineering Proposal, shall submit the proposal simultaneously to the District and the Central Bureau of Construction for review. The District will forward their recommendations to the Central Bureau of Construction within ten working days after receipt of the proposal, provided the proposal is complete and contains all the required information for review. The Central Bureau of Construction will notify the Contractor as to the acceptability of the proposal within five working days of receipt of the District’s recommendation, unless additional review time has been established as noted in the concept review process. (b) Contents of Proposal. Value Engineering Proposals shall contain the following information. (1) A Statement that the proposal is submitted as a Value Engineering Proposal. (2) A complete description detailing the proposed modification to the contract documents. (3) A complete cost analysis detailing the unit costs and quantities to be deleted and/or added by the proposal. (4) A complete analysis of the impact the proposed modification will have on the prosecution and progress of the contract. (c) Consideration of Proposal. The following conditions will govern the consideration of Value Engineering Proposals. (1) All proposals apply only to the contract under which it is submitted. The Contractor will be guaranteed propriety of authorship as well as ownership of the proposal until such time it is approved by the Department. The Department will have the right to use, duplicate, and disclose, in whole or in part, any data necessary for the utilization of the proposal. The Department retains the right to utilize any accepted proposal or part thereof on any other or subsequent contracts without obligation to the Contractor. This provision is not intended to deny rights provided by law with respect to patented materials or processes. (2) If the Department has under consideration certain revisions or modifications to the contract at the time of execution of the contract, the Contractor will be so notified at the preconstruction conference. Revisions or modifications to the contract generated by the Department shall not be incorporated into any Value Engineering Proposal submitted by the Contractor. (3) The proposal shall not consist of any experimental products or materials to be incorporated. However, proposals containing the use of alternate Art. 104.07 Scope of Work methods and equipment, as allowed under Article 108.06, may be presented for consideration. (4) The reduction of quantities or deletion of items of work which result from adjustment of the contract to meet field conditions as allowed under Article 104.02 shall not be incorporated into any Value Engineering Proposal. Proposals based solely on the waiving of specifications or contract requirements will not be considered. (5) The proposal must be submitted and approved prior to undertaking any work on the proposed modification. (6) The Contractor shall have no claim against the Department for any costs or delays resulting from the review process and/or disapproval of any Value Engineering Proposal, including but not limited to, development costs, anticipated profits, increased material cost, and increased labor costs. (7) The Department will be the sole judge as to the acceptability of a proposal and the estimated net savings resulting from implementation of the proposal. In determining the estimated net savings, the right is reserved to disregard the contract bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted. (8) The Department reserves the right where it deems such action appropriate, to require the Contractor to share in the costs of reviewing and investigating any Value Engineering Proposal. When this requirement is imposed, the Contractor shall indicate his/her acceptance thereof in writing, and such acceptance shall constitute full authority for the Department to deduct amounts payable to the Department from any monies due or that may become due to the Contractor under the contract. (9) The Contractor shall be responsible for any modification of the contract plans required as part of the Value Engineering Proposal. When contract plan modifications are included as part of the proposal, the Contractor shall furnish a copy of the modifications to the Department and shall be solely responsible for any errors or omissions resulting from the modification. (d) Acceptance of the Proposal. If the Value Engineering Proposal is accepted, the changes will be incorporated into the contract through changes in the quantities of unit bid items, new agreed price items, or by force account, as appropriate. The cost of the revised work will be paid directly as completed. In addition to such payment, the Department will pay the Contractor a Value Engineering Incentive according to the following criteria. A = Adjusted cost B = Original cost C = Department’s cost incurred as a result of investigation and application of the proposal Scope of Work Art. 104.07 (1) For contracts less than $1,000,000 in awarded value, the Contractor will be paid as follows.

1.5 percent of the awarded contract value, payment will be

0.5 (B-A-C).

2.0 percent of the awarded contract value, payment will be

0.5 (B-A-C).

1.0 percent of the awarded contract value, payment will be

0.5 (B-A-C).

105.01 Authority of Engineer. All work of the contract shall be completed to

the satisfaction of the Engineer. The decision of the Engineer shall be final on all questions which may arise regarding, including but not limited to, the quality and acceptability of materials and work; the manner of performance; acceptable rates of progress on the work; the interpretation of the contract plans and specifications; the fulfillment of the contract; the measurement of quantities and payment under the contract; and the determination of the existence of changed or differing site conditions. The Engineer will notify the Contractor in writing if the work is to be suspended wholly or in part due to the failure of the Contractor to carry out provisions of the contract or failure to carry out orders of the Engineer. The work may also be suspended at the Contractor’s risk for such periods as the Engineer may deem necessary due to unsuitable weather; for conditions considered unsuitable for the prosecution of the work or for any other condition or reason deemed to be in the public interest. The contract does not require the Engineer to provide the Contractor with direction or advice on how to do the work. If the Engineer approves or recommends any method or manner for doing the work, the approval or recommendation shall not guarantee following the method or manner will result in compliance with the contract, relieve the Contractor of the risks and obligations of the contract, or create liability for the Department. In case of failure on the part of the Contractor to execute work ordered by the Engineer, the Engineer may, at the expiration of a period of 48 hours after giving notice in writing to the Contractor, proceed to execute such work as may be deemed necessary, and the cost thereof will be deducted from compensation due or which may become due the Contractor under the contract.

105.02 Authority of Railroad Engineer. Whenever the safety of railroad

traffic is concerned, the Railroad Engineer will have jurisdiction over safety measures to be taken and his/her decision as to methods, procedures, and measures used shall be final, and any and all Contractors performing work near or about the railroad shall be governed by such decision. Instructions to the Contractor by the Railroad Engineer will be given through the Engineer. Work ordered as specified herein will be classified and paid for according to Article 104.02. Work performed for the Contractor’s convenience will not be paid for separately but shall be considered as included in the contract.

105.03 Conformity with Contract. All work performed and all materials

furnished shall be in conformity with the contract and the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the plans or indicated in the contract documents. All work or material which does not conform to the requirements of the contract will be considered unacceptable. Unacceptable work; whether the result of poor workmanship, use of defective materials, damage through carelessness, or other cause; and unacceptable material shall be removed and replaced or otherwise corrected in an acceptable manner at no additional cost to the Department.