SECTION 104 SCOPE OF WORK
104.01 INTENT OF CONTRACT. The intent of the Contract is to provide for the
construction and completion of the full scope of the work described. Furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work according to the Contract.
104.02 Alterations of Plans Or Character of Work.
104.02.01 General. At any time, and without invalidating the Contract or releasing
the surety, the Engineer reserves the right to make, in writing, changes in quantities and alterations in the work when necessary to complete the project satisfactorily. Perform the work as altered. When alterations or changes in quantities si gnificantly change the character of the work under the Contract, the Department will adjust the Contract. The Department will not consider loss of anticipated profits. Before performing the significantly changed work, reach agreement with the Department concerning the basis for the adjustment. Absent an agreement, the Engineer will determine a fair and equitable adjustment. An adjustment to the unit price for an item whose final quantity is less than 75 percent of the original bid quantity will be considered if the Contractor can show that fixed expenses could not be fully recovered du e to the decreased quantity. However, total payment for the item shall not exceed 75 percent of original contract item times contract unit bid. A decrease in price due to a significant change may be requested by either party. If both the Engineer and Contractor are in agre ement with the new price then a supplemental agreement shall be executed as per Section 109.04.01. If an agreement cannot be reached then the Contractor will be directed to perform the affected work on a force account basis as per Section 109.04.02 except the final payment per unit shall not exceed what would have been made at the contract unit bid price. If the alterations or changes in quantities do not significantly change the character of the work, the Department will make payment as provided elsewhere in the Contract. A significant change occurs when:
1.the character of the work is altered ma terially in kind or nature from that involved or included in the original proposed construction or,
2.the quantity of a major item of work, as defined in Subsection 101.03, increases above 125 percent or decreases below 75 percent of the original Contract quantity. The Department will allow an adjustment in cost only for the quantity in excess of 125 percent of the origin al Contract quantity, or in case of a decrease below 75 percent, to the actual amount of work performed, or
3.the quantity of a minor item increases above 200 percent of the original Contract quantity.
104.02.02 Overrun and Underrun Formulas. The Department will use the
following supplemental formulas to determine the adjusted unit prices for the items listed herein when a listed item is a major item and either an underrun or overrun of more than 25 percent occurs in its constructed quantity. This formula does not apply to items not specifically listed in this Subsection. The excessive underrun of an item is defined as 75 percent of the original Contract quantity of the item minus the final quantity of the item. The excessive overrun of an item is defined as the final quantity of the item minus 125 percent of the original Contract quantity of the item. The Department will apply this subsection when all the following conditions are met:
1.an excessive underrun or overrun occurs for one or more of the bid items listed below;
2.the affected item is a major item, as defined in Subsection 101.03; and 104-1
3.the final quantity of the affected item is at least 30 percent of the original Contract quantity. When the final quantity of the affected item is less than 30 percent of the original Contract quantity, the Department will not apply the formula but will prepare a supplemental agreement according to Subsections 109.03 and 109.04. The specified bid items which are covered by this subsection are: Pavement Markers Pavement Striping (temporary and permanent) Temporary Marking Tape Delineators Asphalt Pavement Milling and Texturing Concrete Overlay Latex Concrete Overlay Low Slump Concrete Class M for Full Depth Patching Partial Depth Patching The Department will apply this subsection to other bid items when specified in the Contract. For the excessive underrun and overrun quantities, the Department will adjust the payment according to the appropriate formula: Excessive Underrun Formula NP = OP + (EU x 0.25 x OP) OQ Excessive Overrun Formula NP = OP - (EO x 0.25 x OP) FQCI Where: NP = New Unit Price OP = Original Unit Price Bid by Contractor EU = Excessive Underrun, EU = (0.75 x OQ) - FQCI EO = Excessive Overrun, EO = FQCI – (1.25 x OQ) FQCI = Final Quantity Contract Item OQ = Original Contract Quantity Item When the Contractor submits a completed Bid Proposal for a project containing one or more of the listed items, the Contractor agrees to accept payment for excessive underruns or excessive overruns in the quantities of these items according to the appropriate formula. The Contractor further agrees that the formulas provide full and complete compensation for the excessive underrun or excessive overrun quantities, including any and all unreimbursed expenses, loss of expected reimbursement, loss of anticipated profits, delay, inefficiency, and all other costs.
104.02.03 Differing Site Conditions. Differing site conditions exist when one party
discovers that:
1.subsurface or latent physical conditions differ materially from those shown in the Contract, or
2.unknown subsurface or latent physical conditions differ materially from conditions normally encountered or from those generally recognized as inherent in the work provided for in the Contract. 104-2 Promptly notify the Engineer and make written notice within 7 calendar days of encountering the differing conditions. Await guidance from the Engineer before disturbing the conditions and before performing the affected work. Upon written notification, the Engineer will investigate the conditions and determine if the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of work under the Contract. When justified, the Engineer will make an adjustment, in time, or cost, or both, excluding anticipated profits, and modify the Contract in writing accordingly. The Engineer will notify the Contractor whether or not the conditions warrant an adjustment. The Department will allow no Contract adjustment unless the Contractor provides the required written notice.
104.03 EXTRA WORK. Perform Extra Work for which there is no quantity or price in
the Contract only by supplemental agreement. The Department will pay for this Extra Work at a unit price or lump sum price agreed upon and included in a written supplemental agreement executed by all parties to the Contract as specified in Subsection
109.04 The Department will consider an extension of Contract time for Extra Work
according to Subsection 108.07. When requested by the Engineer, provide justification and all necessary documentation to support proposed prices or time extensions. The Engineer may direct, in writing, time-sensitive or emergency work be progressed while the supplemental agreement is being processed. In the event work is directed without an executed supplemental agreement, cost records shall be kept and reconciled daily conforming to specification 109.04.02. Waiting for an executed supplemental agreement when the Engineer directs work to progress as above, waives the right to claim for delays associated with the subject extra work.
104.04 RIGHTS IN AND USE OF MATERIALS FOUND ON THE WORK. The
Contractor, with the Engineer’s approval, may use on the project stone, gravel, sand, or other material found in the excavation that the Engineer determines is suitable. The Department will pay 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. Replace all excavated material so removed and used with other acceptable material at no additional expense to the Department. The Department will not charge the Contractor for the materials found in the excavation and used in the work. Do not excavate or remove any material from outside the grading limits, as indicated by the slope and grade lines, without the Engineer’s written authorization. Take ownership of and dispose of any materials of value, such as merchantable timber or coal, that may be encountered during construction of the project and that are not necessary to perform or complete the work. Leave a sufficient amount of material on the site to complete the project according to the Contract. 104-3
Source: Kentucky Standard Specifications for Road and Bridge Construction, 2019 Edition. Pages 28–30 of 718.