104SCOPE OF WORK

104.01Intent of Contract

The intent of the contract is to provide for the construction and completion in every detail of the work described.

The Contractor shall furnish all labor, materials, equipment, tools, safety equipment, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract.

It is understood by all concerned that th e apparent silence of the specifications as to a detail or the apparent omission of a de tailed description concerning a point shall be regarded as meaning that only the best general practice is to prevail and that only material and workmanship of the first quality is to be used. All interpretations of these specifications shall be made on this basis.

In order to avoid cumbersome and confusing repetition of expressions in these specifications, it is provided that whenever any thing is, or is to be done, if, as, when, or where contemplated, required, determined, directed, specified, allowed, authorized, ordered, given, designated, indicated, considered n ecessary, deemed necessary, 20 permitted, reserved, suspended, established, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, rejected, or condemned, it shall be understood as if the expression was followed by the words “by the Engineer” or “to the Engineer”.

It is further provided that all work including the furnishing of materials, equipment, tools, labor, and incidentals required to carry out the terms of the contract shall be done by the Contractor, its employees, or subcontractors unless specifically set out otherwise in the Proposal. The words “by the Contractor” will not necessarily be used to so indicate. All work shall be carried out in a thorough, careful, effective, 30 and satisfactory manner without specifically using these words to describe the action.

Reports and other documents that are determined to be pertinent and necessary to the effective monitoring of the contract shall be submitted by all applicable contractors and subcontractors in accordance with appropriately issued instructions.

104.01

104.02Changed Conditions

A changed condition causes the work to substantially differ in kind or nature from the work as required in the original contract. The Department will adjust the contract for changed conditions as described herein. A contract adjustment may revise one or 40 more of the following:

Changed conditions considered as reason for a contract adjustment are differing site conditions, suspensions of work ordered by the Engineer, and significant changes 50 in the character of the work. A request by the Contractor for a contract adjustment shall be based on one or more of the changed conditions described herein.

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 conditi ons of an unusual nature, diff ering 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 60 the site is disturbed and before the affected work is performed.

Upon written notification, the Engineer will investigate the conditions, and if it is determined that 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 anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of the 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 70 unless the Contractor has provided the required written notice of a changed condition in accordance with 105.16.

No contract adjustment will be allowe d under this clause for any effects caused on unchanged work.

If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that 80 additional compensation, and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment 104.02

within seven calendar days of receipt of th e notice to resume work. The request shall set forth the reasons and support for such adjustment.

Upon receipt, the Engineer will evaluate th e Contractor’s request. If the Engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make 90 an adjustment (excluding profit) and modify the contract in writing accordingly. The Contractor will be notified of the Engineer’s determination whether or not an adjustment of the contract is warranted.

No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed in accordance with 105.16.

No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this 100 contract.

The Engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations 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 110 work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly differen t in character, an adjustment, excluding anticipated profit, 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 the alterations or changes in quantities do not significantly change the character of the work to be performed under the contra ct, the altered work will be paid for as 120 provided elsewhere in the contract.

No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice of a changed condition in accordance with 105.16.

The term “significant change” shall be construed to apply only to the following circumstances: 104.02

kind or nature from that involved or included in the original proposed construction; or

contract, is increased in excess of 125% or decreased below 75% of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125% of the original contract item quantity, or in case of a decrease below 75%, to the actual amount of work performed.

The Contractor and the Department shall cooperatively work to resolve a request for a contract adjustment due to a changed condition by means of the pre-established remedies described herein.

After receipt of a notice of a changed condition in accordance with 105.16, the Engineer will determine if the Contractor’s request for a contract adjustment is justified. The Engineer will respond to the Contractor in writing within two business days of the receipt of notification, or other time as mutually agreed, as to whether the request is justified and as to how the changed condition will be remedied. 150

If the Engineer determines that a request for a contract adjustment is justified, the changed condition will be remedied by means of a contract adjustment based on one or more of the following pre-established remedies.

items in the contract.

as allowed by 108.08(b).

If the impact of a changed condition will not be known for some length of time, the following procedure shall be followed to expedite a contract adjustment until the impact of the change can be determined.

Contractor shall keep daily records, apart from other records, of all labor, material, and equipmen t costs incurred for the work affected. The daily records shall identify each operation affected and the location where work is affected.

104.02

affected from the date of the notification.

condition, the Contractor shall m eet weekly with the Engineer 180 to exchange and discuss each party’s daily records of the work affected during the preceding week.

work days of any disagreements with the Engineer’s records and include the specific points of disagreement. These points will be addressed by the Engineer at the next weekly meeting.

submit daily records at a weekly meeting will constitute a 190 waiver to any objections to th e accuracy of the Engineer’s records and the Engineer’s records will control for purposes of computing any contract adjustment for the changed condition.

If the Contractor accepts the Engineer’s remedy for a changed condition, the contract adjustment will be considered to be full and complete compensation for the changed condition and no fu rther contract adjustment will be made for the circumstances of the Contractor’s request.

If the Contractor disagrees with the Engineer’s remedy for a changed condition, 200 and decides to further pursue compensation, a written notification of a claim may be submitted in accordance with 105.16.

Pre-established remedies to a changed condition have the following conditions.

If the Department gives written directio n for the Contractor to accelerate the work, a contract adjustment will be made specifying the work to be accelerated, the time to be saved by acceleration and the amount of compensation due the Contractor for the acceleration. 210

The Department assumes no liability for constructive acceleration unless the Contractor has provided written notice of the intent to accelerate the work, there is an excusable delay for which the Department has either improperly rejected the

Contractor's request for an extension of contract time or failed to act on the request,

and the Contractor has incurred additional costs for the acceleration.

If a claimed loss of productivity due to a changed condition cannot be isolated and

remedied separately, the Department will consider payment for inefficiency costs on220

the basis of a measured mile analysis performed by the Contractor or other analysis

104.02

method approved by the Engineer.

If the claimed inefficiency is for work performed out of scheduled sequence due

to the changed condition, the current accepted schedule will be analyzed to determine

if the work was performed out of sequence.

The Department will not make payment for any of the following:

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bonding capacity, loss of bidding opportunities and

insolvency.

not limited to attorney’s fees, consultant’s fees and expenses

and litigation expenses.

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contract.

The Department will not make any payments for costs calculated using any of the

following methods:

difference between the Contractor’s bid for the work and the

Contractor’s calculation of the costs for the work.

Formula or other formulas used to calculate home office

overhead due to delay.

104.03Extra Work

Unforeseen work, for which there is no price included in the contract, shall be

performed whenever it is deemed necessary to fully complete the contract within its260

intended scope, or it is in the best interest of the State to complete the unforeseen work

under the contract. Such work shall be performed in accordance with the specifications

and as directed, and will be paid for in accordance with 109.05.

104.04Maintenance of Traffic

Unless otherwise provided, the road shall be kept open to all traffic while

undergoing improvements. Where so provided on the plans, the traffic may be

104.03

bypassed over an approved detour route. The detour route markings shall be erected,

maintained, and removed by the Contractor.

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Maintenance of traffic shall be in accordance with the details as shown on the

plans or as directed. If an alternate plan for maintaining traffic is requested, it shall be

submitted in writing as soon as possible for consideration. Such submittal shall include

the complete details of the alternate maintenance of traffic scheme including all traffic

control devices to be incorporated. If approved, the alternate plan shall not increase

the cost of maintaining traffic to the Department.

The portion of the roadway being used by public traffic shall be kept in a condition

which allows traffic to be adequately accommodated. Drums in accordance with

801.09shall be placed at 200 ft intervals where drop-offs of greater than 3 in. are280

adjacent to the shoulder until the aggregate or earth wedge is placed. Temporary

approaches to businesses, parking lots, residences, garages, farms, and crossings and

intersections with trails, roads, and streets shall be provided in a safe condition.

All traffic control devices shall be maintained with no additional payment, except

as set out in 107.18. Regulatory controls shall not be changed by the Contractor

without prior approval. Regulatory control devices may be relocated in order to enable

necessary construction, provided these control devices remain effective and convey

the intended meaning after relocation to a position which complies with the

requirements of the MUTCD. After completion of the construction, regulatory control290

devices which were relocated to facilitate construction shall be permanently installed

with no additional payment, in accordance with the plans, or as otherwise directed. All

traffic control devices damaged, while being moved or handled, shall be replaced with

no additional payment. All other traffic control devices necessary to maintain safe

traffic operation and routings shall not be removed, changed, or relocated, except as

authorized. Traffic control devices removed without authorization shall be replaced

with no additional payment.

The cost of maintaining traffic over the section of road undergoing improvement

and the cost of the construction and maintenance of such necessary features as300

approaches, crossings, and intersections shall be included in the contract unit price bid

for maintenance of traffic pay items as set out in the Schedule of Pay Items, except as

provided in 104.04(a), 104.04(b), and 107.18.

When the Schedule of Pay Items contains an item for maintenance of detours or

removing existing structures and maintaining traffic, the payment of the pay item shall

cover all costs of constructing and maintaining such detours, including the

construction of temporary bridges and accessory features and the removal of the same

in accordance with 713.08.310

If special maintenance is directed for the benefit of the traveling public, payment

104.04

will be made on the basis of unit prices or in accordance with 104.03 or 105.13. The

Engineer will be the sole judge of whether special maintenance shall be performed.

Except as otherwise expressly provided in the contract, existing Department

maintained roads and other public roads and streets within the limits of the contract

shall be kept open to two-way traffic between the dates of December 1 and April 1.

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Where the surface on an existing road or street is disturbed by the Contractor and

the entire depth of the new surface is not completed prior to December 1, two-way

traffic shall be maintained between the above dates on the partially completed new

surface or on a temporary surface satisfactory for two-way traffic. Such surfaces shall

be maintained between the above dates with no additional payment. Precautions shall

be taken to prevent unnecessary damage to partially completed surfaces. All portions

which become damaged shall be repaired with no additional payment.

Public roads, commercial and private drives, and mailbox approaches which are

disturbed, and on which the surfacing has not been completed, shall be maintained in330

a condition satisfactory for use during the time work is suspended.

Where such approaches have been constructed to grade and drainage structures

installed, the approaches shall be surfaced with compacted aggregate, No. 53, to a

depth as directed. Such surfacing material, which is incorporated in the finished work,

will be paid for at the contract unit price. The following season, the surfacing on the

approaches shall be completed to the compacted depth shown on the plans by the

addition of the surfacing material specified in the contract. During suspension of the

work where such approaches have not been constructed to grade, a satisfactory

temporary surface shall be provided with no additional payment.340

The work specified shall be arranged and prosecuted in accordance with the

applicable requirements of 107 and 801, and as shown below.

Only one lane may be closed at a time.

A minimum of two drums shall be placed on the traffic approach side of each350

concrete patch or opened hole.

Patching on a two-lane roadway shall be in accordance with 305 and the details

shown on the plans. Traffic restrictions will be allowed during daylight hours only. If

the Contractor is unable to fill an area to be patched with concrete during daylight

hours, the patch shall be filled with No. 53 aggregate for the times other than daylight

hours. Drums in accordance with 801.09 shall be placed at the side of the roadway at

the patch locations. If an opened hole cannot be patched for two or more calendar days,

104.04

a 6 in. HMA cap shall be placed in the hole if concrete cannot be obtained. A watcher

will be required while the roadway is temporarily patched.360

104.05Removal and Disposal of Structures and Obstructions

Unless otherwise provided, any existing structure or parts thereof, fence, building,

or other encumbrance or obstruction upon or within the limits of the right-of-way

which interferes in any way with the new construction shall be removed with no

additional payment.

All removal of structures and obstructions the Contractor is directed to perform

outside the construction limits for the benefit of the Department, including work

needed for utility relocation, and not simply for the Contractor’s convenience, will be370

paid for in accordance with 104.03 or 109.03.

Materials belonging to abutting property owners shown to be retained for the

property owner shall be stockpiled in an acceptable manner at a designated area off

the right-of-way. Materials not shown to be retained, except those materials mentioned

in 104.06 or 805.03, shall become the property of the Contractor and shall be removed

or disposed of according to the contract.

Materials to be salvaged for Department use shall be removed without damage in

sections that can be readily transported. These materials shall be stockpiled neatly at380

locations identified on the plans or identified by the Engineer.

104.06Removal and Disposal of Regulated Materials

The removal, testing, transportation, or disposal of regulated materials, except for

paint removal and disposal operations described in 619, shall be in accordance with

the requirements included herein and the applicable Federal, State, and local laws,

regulations, and rules. These include, but will not be limited to, the requirements of

the Federal Toxic Substances Control Act, the Federal Resource Conservation

Recovery Act, the Federal Comprehensive Environmental Response Compensation

Liability Act, OSHA, IDEM, and State rules requiring certification of underground390

storage tank removal firms.

Regulated materials will consist of those as follows:

substance, or hazardous material under the regulations of the EPA

or the United States Department of Transportation; and

have high probability of becoming friable as per 326 IAC 14-10.400

The Contractor shall be responsible for proper handling, storage, transportation,

and disposal of all regulated materials which are brought onto the site by the

Contractor. This shall include those materials which are required under the contract.

104.06

The Contractor shall comply with all applicable laws, regulations, and rules regarding

such materials. All spills of regulated materials, caused by the negligence of the

Contractor shall be cleaned up in accordance with the applicable laws, regulations, and

rules.

Except as provided herein, the Department will be responsible for proper410

handling, storage, cleanup, removal, testing, transportation, and disposal of all

regulated materials, which are located within the project limits including materials that

have spread beyond the project limits except for those materials brought onto the site

by the Contractor. The following procedure shall be used for regulated materials under

42 U.S.C. 6921 et seq, 42 U.S.C. 9601 et seq, 40 CFR 260, 49 CFR 171-179, IC 13-7,

329 IAC 2-21, or other applicable environmental laws, regulations, or rules:

Present on the Project Site

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information of all such materials known or suspected to exist

within or adjacent to the project limits.

Department regarding the removal, testing, transportation, or

disposal of all such materials. Such written instructions may be

provided in the Proposal or in accordance with 104.03.

construction requirements shown in 200.

all regulated material manifests. If disposal is required for such

materials, the Department will approve, in writing, the

appropriate licensed disposal site. The Department will retain

title to all such regulated materials which are being disposed.

Payment for all work relating to removal, testing, transportation, or disposal of all

regulated materials will be made in accordance with 202.14.440

Present on the Project Site

Materials suspected of being regulated and discovered by either the Contractor or

the Department shall be subject to the procedure described below.

Contractor shall cease all operations in the immediate vicinity

and shall promptly notify the Engineer. If the material

discovered is being released to the surrounding environment or450

if there is a perceived health threat, the Contractor shall

104.06

immediately notify the State Police, IDEM’s Office of

Environmental Response, the local fire department, the county

emergency management coordinator, and the Engineer.

previously contained, a listed hazardous waste as defined by the

RCRA, the Engineer shall be notified. No further work shall be

done with such tank until directed.

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Engineer will promptly notify the Contractor. The Contractor

shall immediately cease all operations in the immediate

vicinity.

to identify the substance until receiving written instructions

from the Department to conduct tests necessary to identify the

material.

470

as directed by the Department.

environmental engineer or hazardous materials manager,

environmental specialist, qualified laboratory, or other person

experienced in such work.

response is concluded, the Contractor shall follow written480

instructions from the Department regarding removal, additional

testing, transportation, or disposal of the regulated material,

subject to the requirements as follows:

perform, the Contractor shall not resume work in the

vicinity of the hazardous condition or in such affected area

until after the Department has obtained all required permits,

approvals, notices of intent, or other submittals including,

but not limited to, the following, as applicable:490

104.06

and EPA identification number.

treatment on-site in tanks and containers.

of hazardous waste.

510

Contractor specifying the hazardous conditions and that the

affected area is, or has been, rendered safe for the

resumption of work, or specifying the conditions under

which work may be safely resumed.

Payment for all work relating to removal, testing,

transportation, or disposal of such materials will be in520

accordance with 104.03 utilizing pay items in 202.14.

will be made to the contract price, contract time, or both as

a result of such work stoppage or such special conditions

under which the Contractor agrees to resume work. Contract

time will not be adjusted on completion date contracts.

on all regulated material manifests or documents.530

will approve, in writing, the appropriate licensed disposal

site.

materials, which are being disposed.

construction requirements shown in 202.540

104.07Rights in and Use of Materials Found in the Project Site

Except for hazardous wastes, hazardous substances, hazardous materials, and

104.07

asbestos which are subject to 104.06, and lead and zinc bridge painting debris which

is subject to 619, all materials designated to be removed from the project and not used

in the work shall become the property of the Contractor, unless otherwise set out in

the Proposal. The value of these materials shall be taken into account when the bid is

being prepared.

Construction materials such as gravel, stone, or sand found in the excavation shall550

not be used for purposes other than indicated on the plans without written approval.

When such approval is given, it shall state explicitly the provisions under which it is

granted.

On all contracts involving construction within the corporate limits of cities and

towns in which items such as drainage structure castings, or other items having a

salvage value, are to be removed, the removed items shall remain the property of the

governmental bodies involved as specified in the Proposal or as shown on the plans.

Otherwise, these items shall be disposed of in accordance with these Standard

Specifications. The cost of such disposal shall be included in the contract unit prices560

of the various pay items of the contract, unless otherwise provided.

Archeological artifacts encountered during construction shall be addressed in

accordance with 107.10.

104.08Final Clean-Up

Before acceptance and final payment, the right-of-way, borrow and disposal areas,

and all ground occupied in connection with the work shall be cleaned of rubbish,

excess materials, temporary buildings, structures, and equipment. Waterways shall be

left unobstructed.570

All property which may have been damaged in the prosecution of the work shall

be restored in an acceptable manner. All parts of the work shall be left in a neat and

presentable condition.

All equipment shall be removed from the right-of-way.

Unless otherwise provided, all falsework, piling, concrete or timber mudsills, or

similar material placed during construction and not required in the completed work,

shall be removed entirely or cut off at least 2 ft below the finished ground. Within a580

low water channel, they may be removed or cut off even with the stream bed.