Scope of Work
104.01 INTENT OF CONTRACT. The intent of the contract is to
provide for performance and completion of the described project. The contractor is obligated to complete the project in accordance with the contract documents. The Scope of Work consists of, but is not limited to, the following:
i.all Work necessary to perform, construct, and complete the items described by the Contract, which may include extra work; ii) all Work made necessary by an increase in the quantity of a major or minor pay item; iii) all other Work incidental and necessary to perform, construct, and complete the Work specifically referenced or described by the Contract and necessary for delivery of a completed Project conforming to the Contract and suitable for its intended purpose; iv) the performance of any testing as directed by the engineer to determine if any work or any finished product complies with the Contract, and;
v.except as provided in 105.03, to correct and/or replace deficient or nonconforming work, materials, or finish ed product at no additional cost or expense to the Department with work, materials, or finished product that does conform to the Contract. To that end, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with best industry practices and the Contract , with the Contract taking precedence over industry practices. Performa nce methods and sequences are described in the contract documents when considered necessary for the successful completion of the project. When an item in the contract contains a choice to be made by the contractor, the contractor shall indicate the choice to the engineer in writing. When the project specifications reference or require the use of “manufacturer's recommendations or specifications”, the contractor shall provide the engineer with a current copy of these recommendations or specifications. The co ntractor acknowledges, and expressly agrees, that this public works project is based on estimates of anticipated work; that changes in the work, item quantities, planned work sequences, or methodology can be expected; that the contract does not guarantee a ny bid profit margin, any bid overhead recovery, or scope of work; and that payment, in accordance with
101.01 , will be made only for fully completed work that is a ccepted, and for
the materials incorporated therein. As work on the Project progresses and in accordance with Section 109.05 , the Department shall make partial paym ents of the Contract Price, as adjusted in accordance with the Contract. The Department shall adjust the Contract Amount as necessary to compensate the Contractor reasonably and fairly for any extra work ordered by the Engineer. Subject to the Contractor’s right to bring legal action against the Department, the Contractor shall deliver the project to the Department within the contract time as adjusted in accordance with the Contract.
104.02 ALTERATION OF THE CONTRACT. The Department reserves
the right to order such alterations in quantities and plans, within the general scope of the contract, including alterations in grade and alignment, as deemed necessary or desirable in order to complete the work as contemplated. Pay items affected by such alterations shall be performed in accordance with the project specifications and payment will be made at the same unit prices as other parts of the work, except as provided in 109.03 and 109.04 . The Department reserves the right to order work not provided for in the contract whene ver such extra work is found essential or desirable to satisfactory completion of the contract within its intended scope. Such extra work shall be performed in accordance with specifications and as directed. Payment for such extra work will be made as pr ovided in 109.04 . When the project specifications reference or require the use of “manufacturer's recommendations or specifications”, the contractor shall provide the engineer with a current copy of these recommendations or specifications. The co ntractor acknowledges, and expressly agrees, that this public works project is based on estimates of anticipated work; that changes in the work, item quantities, planned work sequences, or methodology can be expected; that the contract does not guarantee a ny bid profit margin, any bid overhead recovery, or scope of work; and that payment, in accordance with
101.01 , will be made only for fully completed work that is a ccepted, and for
the materials incorporated therein. As work on the Project progresses and in accordance with Section 109.05 , the Department shall make partial paym ents of the Contract Price, as adjusted in accordance with the Contract. The Department shall adjust the Contract Amount as necessary to compensate the Contractor reasonably and fairly for any extra work ordered by the Engineer. Subject to the Contractor’s right to bring legal action against the Department, the Contractor shall deliver the project to the Department within the contract time as adjusted in accordance with the Contract.
104.02 ALTERATION OF THE CONTRACT. The Department reserves
the right to order such alterations in quantities and plans, within the general scope of the contract, including alterations in grade and alignment, as deemed necessary or desirable in order to complete the work as contemplated. Pay items affected by such alterations shall be performed in accordance with the project specifications and payment will be made at the same unit prices as other parts of the work, except as provided in 109.03 and 109.04 . The Department reserves the right to order work not provided for in the contract whene ver such extra work is found essential or desirable to satisfactory completion of the contract within its intended scope. Such extra work shall be performed in accordance with specifications and as directed. Payment for such extra work will be made as pr ovided in 109.04 . The Department reserves the right to order changes in details, including changes in materials, processes and sequences, whenever such changes are in the best interests of the public or are necessary or desirable to satisfactory completion of the work. Such changes in details shall be performed in accordance with the specifications and as directed, and payment will be made as provided in 109.04 . Changes ordered in details, when such changes are allowed or required by the contract, are not alterations to the contract and payment for the affected work will be made at the contract unit prices. An approved change order will be executed by the Department and the contractor to alter the contract in accordance with these and other similar provisions of the contract when any alteration is more than incidental, as determined by the Department, to other work specified in the contract. The change order will describe the nature and scope of the contract alteration and the increase or decrease in the contract amount or time. Upon approval by the parties in Site Manager, or other Department approved contract management software, a change order is fully executed and a binding amendment to the contract. Additionally, the parties agree to thereafter execute a paper duplicate of the change order. The adjustment in Contract Am ount and/or Contract Time stated in a change order shall comprise the total price and/or time adjustment due or owed the contractor for the work or changes defined in the change order. In the event the contractor refuses to execute a disputed change orde r, the Department reserves the right to execute a change order without the contractor’s assent in order to document the contract alteration and adjust the contract amount and/or time accordingly. Alterations to the contract as provided for by this subsec tion shall not invalidate the contract nor release the surety, and the contractor agrees to accept the work as altered, as if it had been part of the original contract. The contractor shall notify the surety of any alterations to the contract. Alterations of the contract shall not involve work beyond the termini of the proposed work except as necessary to satisfactorily complete the project. Contractor will be allowed to begin the work upon v erbal approval of a change order, when such is given by the appro priate authority for each category of c hange order. Verbal approval shall be followed up in a written format via email, facsimile, or letter within seven days of given verbal direction. Force Account records, in accordance with 109.04 , shall be maintained until a fully executed Change Order is completed, and then used to document incurred costs pursuant to LRS 48:252 . In the event of a disputed change order, Con tractor shall record and maintain records of all costs associated with any work alteration.
104.02.1 Differing Site Conditions:
1.During the progress of the work, if subsurface or latent physical conditions are encountered at the site that differ materially from those indicated in the contract, the party discovering such conditions shall immediately notify the other party in writing of the specific differing conditions before they are disturbed any further and before additional work is performed.
2.Upon written notification, the engineer will investigate the conditions and if he determines that the conditions do materially differ and will 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 determination whether or not an adjustment of the contract is warranted.
3.No contract adjustment, which results in a benefit to the contractor, will be allowed unless the contractor has provided the required written notice.
104.02.2 Suspensions of Work Ordered by the Engineer:
1.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 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 within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
2.Upon receipt, the engineer will evaluate the 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, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The engineer will notify the contractor of his determination whether or not an adjustment of the contract is warranted.
3.No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
4.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 for or excluded under any other term
104.02.1 Differing Site Conditions:
1.During the progress of the work, if subsurface or latent physical conditions are encountered at the site that differ materially from those indicated in the contract, the party discovering such conditions shall immediately notify the other party in writing of the specific differing conditions before they are disturbed any further and before additional work is performed.
2.Upon written notification, the engineer will investigate the conditions and if he determines that the conditions do materially differ and will 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 determination whether or not an adjustment of the contract is warranted.
3.No contract adjustment, which results in a benefit to the contractor, will be allowed unless the contractor has provided the required written notice.
104.02.2 Suspensions of Work Ordered by the Engineer:
1.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 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 within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
2.Upon receipt, the engineer will evaluate the 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, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The engineer will notify the contractor of his determination whether or not an adjustment of the contract is warranted.
3.No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
4.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 for or excluded under any other term
104.02.1 Differing Site Conditions:
1.During the progress of the work, if subsurface or latent physical conditions are encountered at the site that differ materially from those indicated in the contract, the party discovering such conditions shall immediately notify the other party in writing of the specific differing conditions before they are disturbed any further and before additional work is performed.
2.Upon written notification, the engineer will investigate the conditions and if he determines that the conditions do materially differ and will 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 determination whether or not an adjustment of the contract is warranted.
3.No contract adjustment, which results in a benefit to the contractor, will be allowed unless the contractor has provided the required written notice.
104.02.2 Suspensions of Work Ordered by the Engineer:
1.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 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 within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
2.Upon receipt, the engineer will evaluate the 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, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The engineer will notify the contractor of his determination whether or not an adjustment of the contract is warranted.
3.No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
4.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 for or excluded under any other term or condition of this contract.
104.02.3 Significant Changes in the Character of Work:
1.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.
2.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 eith er for or against the contractor in such amount as the engineer may determine to be fair and equitable.
3.If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work w ill be paid for as provided elsewhere in the contract.
4.The term “significant change” shall be construed to apply only to the following circumstances.
a.When the character of the work as altered differs materially in kind or nature from that involved or inclu ded in the original proposed construction or;
b.When a major item of work, as defined elsewhere in the contract, is increased, or decreased, in excess of 25 percent (25%) of the contract quantity as awarded. Any adjustment in unit price will be made on only that portion of the major item exceeding the 25 percent (25%) increase, or, in the case of a decrease of the item by 25 percent (25%) or more, the remaining portion will be adjusted.
104.02.4 Eliminated Items: Should any items or portion(s) thereof
contained in the contract , whether bid as a unit price or as a lump sum, be or condition of this contract.
104.02.3 Significant Changes in the Character of Work:
1.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.
2.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 eith er for or against the contractor in such amount as the engineer may determine to be fair and equitable.
3.If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work w ill be paid for as provided elsewhere in the contract.
4.The term “significant change” shall be construed to apply only to the following circumstances.
a.When the character of the work as altered differs materially in kind or nature from that involved or inclu ded in the original proposed construction or;
b.When a major item of work, as defined elsewhere in the contract, is increased, or decreased, in excess of 25 percent (25%) of the contract quantity as awarded. Any adjustment in unit price will be made on only that portion of the major item exceeding the 25 percent (25%) increase, or, in the case of a decrease of the item by 25 percent (25%) or more, the remaining portion will be adjusted.
104.02.4 Eliminated Items: Should any items or portion(s) thereof
contained in the contract , whether bid as a unit price or as a lump sum, be or condition of this contract.
104.02.3 Significant Changes in the Character of Work:
1.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.
2.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 eith er for or against the contractor in such amount as the engineer may determine to be fair and equitable.
3.If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work w ill be paid for as provided elsewhere in the contract.
4.The term “significant change” shall be construed to apply only to the following circumstances.
a.When the character of the work as altered differs materially in kind or nature from that involved or inclu ded in the original proposed construction or;
b.When a major item of work, as defined elsewhere in the contract, is increased, or decreased, in excess of 25 percent (25%) of the contract quantity as awarded. Any adjustment in unit price will be made on only that portion of the major item exceeding the 25 percent (25%) increase, or, in the case of a decrease of the item by 25 percent (25%) or more, the remaining portion will be adjusted.
104.02.4 Eliminated Items: Should any items or portion(s) thereof
contained in the contract , whether bid as a unit price or as a lump sum, be found unnecessary for proper completion of the work, the engineer may, upon written order to the contractor, eliminate such items from the contract and deduct their total price from the contract amount through a change order . Such action shall not invalidate the contract. When a portion of an item is eliminated or its quantity reduced, a deduction for the eliminated work will be made in the contract amount for that item as determined by the engineer. No allowance, except as provided herein, will be made for any increased expense, loss of expected reimbursement , or loss of anticipated profits claimed by the contractor resulting either directly from such elimination or indirectly from unbalanced allocation among the pay items of overhead expense by the contractor and the subsequent loss of expected reimbursements therefor , or for other reasons . When an item or portion thereof is eliminated, the contr actor will be reimbursed for previously authorized work done toward completion of the item. The change order authorizing reimbursements shall show how the reimbursements were derived. Except when otherwise authorized by the Chief Engineer, such derivation shall show breakdowns of costs as detailed in 109.04.3.1 through 109.04.3.7 .
104.02.5 Extra Work: When necessary or desirable to complete the
project, the engineer may direct the contractor to perform unforeseen work for which there is no pay item or unit price in the contract by issuing, when appropriate, a Notice of Extra Work to the contractor. The Department will pay for such work as provided below through an approved change order. Upon receipt of a directive or written Notice of Extra Work, the contractor agrees to perform the work as directed and provide the Engineer a written cost estimate in accordance with 109.04 . If the Engineer rejects the cost estimate provided by the contractor, the Department may:
1.Issue a directive requiring the contractor to proceed with the Extra Work and to document its costs in accordance with the provisions of
109.04.3 ; or
2.Advertise the Extra Work for bid in accordance with LRS Title 48 .
104.03 MAINTENANCE OF TRAFFIC. The contractor shall provide for
and maintain through and local traffic at all times and shall conduct his operations in such manner as to cause the least possible interference with found unnecessary for proper completion of the work, the engineer may, upon written order to the contractor, eliminate such items from the contract and deduct their total price from the contract amount through a change order . Such action shall not invalidate the contract. When a portion of an item is eliminated or its quantity reduced, a deduction for the eliminated work will be made in the contract amount for that item as determined by the engineer. No allowance, except as provided herein, will be made for any increased expense, loss of expected reimbursement , or loss of anticipated profits claimed by the contractor resulting either directly from such elimination or indirectly from unbalanced allocation among the pay items of overhead expense by the contractor and the subsequent loss of expected reimbursements therefor , or for other reasons . When an item or portion thereof is eliminated, the contr actor will be reimbursed for previously authorized work done toward completion of the item. The change order authorizing reimbursements shall show how the reimbursements were derived. Except when otherwise authorized by the Chief Engineer, such derivation shall show breakdowns of costs as detailed in 109.04.3.1 through 109.04.3.7 .
104.02.5 Extra Work: When necessary or desirable to complete the
project, the engineer may direct the contractor to perform unforeseen work for which there is no pay item or unit price in the contract by issuing, when appropriate, a Notice of Extra Work to the contractor. The Department will pay for such work as provided below through an approved change order. Upon receipt of a directive or written Notice of Extra Work, the contractor agrees to perform the work as directed and provide the Engineer a written cost estimate in accordance with 109.04 . If the Engineer rejects the cost estimate provided by the contractor, the Department may:
1.Issue a directive requiring the contractor to proceed with the Extra Work and to document its costs in accordance with the provisions of
109.04.3 ; or
2.Advertise the Extra Work for bid in accordance with LRS Title 48 .
104.03 MAINTENANCE OF TRAFFIC. The contractor shall provide for
and maintain through and local traffic at all times and shall conduct his operations in such manner as to cause the least possible interference with found unnecessary for proper completion of the work, the engineer may, upon written order to the contractor, eliminate such items from the contract and deduct their total price from the contract amount through a change order . Such action shall not invalidate the contract. When a portion of an item is eliminated or its quantity reduced, a deduction for the eliminated work will be made in the contract amount for that item as determined by the engineer. No allowance, except as provided herein, will be made for any increased expense, loss of expected reimbursement , or loss of anticipated profits claimed by the contractor resulting either directly from such elimination or indirectly from unbalanced allocation among the pay items of overhead expense by the contractor and the subsequent loss of expected reimbursements therefor , or for other reasons . When an item or portion thereof is eliminated, the contr actor will be reimbursed for previously authorized work done toward completion of the item. The change order authorizing reimbursements shall show how the reimbursements were derived. Except when otherwise authorized by the Chief Engineer, such derivation shall show breakdowns of costs as detailed in 109.04.3.1 through 109.04.3.7 .
104.02.5 Extra Work: When necessary or desirable to complete the
project, the engineer may direct the contractor to perform unforeseen work for which there is no pay item or unit price in the contract by issuing, when appropriate, a Notice of Extra Work to the contractor. The Department will pay for such work as provided below through an approved change order. Upon receipt of a directive or written Notice of Extra Work, the contractor agrees to perform the work as directed and provide the Engineer a written cost estimate in accordance with 109.04 . If the Engineer rejects the cost estimate provided by the contractor, the Department may:
1.Issue a directive requiring the contractor to proceed with the Extra Work and to document its costs in accordance with the provisions of
109.04.3 ; or
2.Advertise the Extra Work for bid in accordance with LRS Title 48 .
104.03 MAINTENANCE OF TRAFFIC. The contractor shall provide for
and maintain through and local traffic at all times and shall conduct his operations in such manner as to cause the least possible interference with traffic at junctions with roads, streets and driveways in accordance with Section 402 , unless otherwise noted in plans or special provisions. The contractor shall keep the portion of the project being used by public traffic, whether through or local traffic, in such condition that traffic (including mail delivery) will be adequately accommodated. The contractor shall furnish, erect and maintain bar ricades, warning signs and delineators, and shall provide flaggers and pilot cars in accordance with the plans and the MUTCD. The contractor shall maintain existing drainage and also provide and maintain in a safe condition all temporary approaches or cros sings, intersections with roads, streets, businesses, parking lots, residences, garages and farms, at no direct pay. When the engineer directs additional measures for the benefit of the traveling public, payment to the contractor will be made at the contra ct unit prices in the contract or as provided in 109.04 . The engineer will be the judge of work to be classed as additional measures. All lane closures, including ramps, shall be authori zed by the engineer . Unless otherwise authorized, lane closures will only be allowed while work is being performed. The contractor shall provide the engineer a five calendar day notice, prior to any lane closure unless a shorter notification period is allowed by the engineer. A late lane opening rental will be charged to the contractor for any lane closure on any roadway or ramp that extends beyond the allowed closure times. The rental shall be computed in hourly increments only, with fractions of an hour rounded up to the next whole hour. The rental will also apply to any unauthorized lane closures by the contractor, whether short term or long term. Any rental monies assessed for a late lane opening or for an unauthorized lane closure will be deducted from payments due the contractor. The late lane opening rental or unauthorized lane closure rental will be in accordance with Table 104 -1 for a maximum of four continuous hours per instance . Table 104-1 Unauthorized Lane Closure or Late Lane Opening Rental Current Average Daily Traffic (Vehicles per Day) stated in contract documents Hourly Rate ($/Hour) <10,000 250 10,000 - 20,000 1,250 20,000 - 35,000 5,000 35,000 - 50,000 11,500 >50,000 15,000
104.04 FINAL CLEANING UP. Before final acceptance, the
right -of-way, borrow and local material sources, and areas occupied by the contractor in connection with the work shall be cleaned of rubbish, excess materials, temporary structures, haul roads and equipment. All parts of the work, including property adjacent to the right -of-way, which have been damaged or rendered unsightly during the work shall be left in satisfactory condition and when required, the right -of-way shall be mowed in accordance with DOTD maintenance standards, all at no direct pay.
104.05 Guarantee and Warranty of Contractor’S
WORK. By signing the contract the contractor guarantees and gives full warranty (1) of the quality of materials incorporated into the work, (2) that all work will be performed in a good and workman like manner, (3) that the finished product will be fit for its intended use and purpose and constructed in conformity with the Contract, and (4) that the contractor’s work will be otherwise free of all defects. For the purpose of this subsection , defec t shall be understood to mean and to include all conditions or characteristics of the contractor’s work not in conformity with the project plans and specifications including, without limitation, any nonconformity with the project plans and specifications that
1.renders the contractor’s work inconsistent with applicable design standards, (2) that the contractor has not declared prior to Final Acceptance , or (3) that the Department has not observed or detected in the course of Final Inspection. Defect shall be understood to exclude reasonably anticipated depreciation or deterioration of the contractor’s work and all other conditions arising exclusively from the intended use of the finished product and not caused by a defect as defined in this paragraph. At no direct pay and in accordance with the instruction of the engineer, the contractor shall remediate or replace any work which the Department determines to be defective during the guarantee and warranty term. 10,000 - 20,000 1,250 20,000 - 35,000 5,000 35,000 - 50,000 11,500 >50,000 15,000
104.04 FINAL CLEANING UP. Before final acceptance, the
right -of-way, borrow and local material sources, and areas occupied by the contractor in connection with the work shall be cleaned of rubbish, excess materials, temporary structures, haul roads and equipment. All parts of the work, including property adjacent to the right -of-way, which have been damaged or rendered unsightly during the work shall be left in satisfactory condition and when required, the right -of-way shall be mowed in accordance with DOTD maintenance standards, all at no direct pay.
104.05 Guarantee and Warranty of Contractor’S
WORK. By signing the contract the contractor guarantees and gives full warranty (1) of the quality of materials incorporated into the work, (2) that all work will be performed in a good and workman like manner, (3) that the finished product will be fit for its intended use and purpose and constructed in conformity with the Contract, and (4) that the contractor’s work will be otherwise free of all defects. For the purpose of this subsection , defec t shall be understood to mean and to include all conditions or characteristics of the contractor’s work not in conformity with the project plans and specifications including, without limitation, any nonconformity with the project plans and specifications that
1.renders the contractor’s work inconsistent with applicable design standards, (2) that the contractor has not declared prior to Final Acceptance , or (3) that the Department has not observed or detected in the course of Final Inspection. Defect shall be understood to exclude reasonably anticipated depreciation or deterioration of the contractor’s work and all other conditions arising exclusively from the intended use of the finished product and not caused by a defect as defined in this paragraph. At no direct pay and in accordance with the instruction of the engineer, the contractor shall remediate or replace any work which the Department determines to be defective during the guarantee and warranty term. 10,000 - 20,000 1,250 20,000 - 35,000 5,000 35,000 - 50,000 11,500 >50,000 15,000
104.04 FINAL CLEANING UP. Before final acceptance, the
right -of-way, borrow and local material sources, and areas occupied by the contractor in connection with the work shall be cleaned of rubbish, excess materials, temporary structures, haul roads and equipment. All parts of the work, including property adjacent to the right -of-way, which have been damaged or rendered unsightly during the work shall be left in satisfactory condition and when required, the right -of-way shall be mowed in accordance with DOTD maintenance standards, all at no direct pay.
104.05 Guarantee and Warranty of Contractor’S
WORK. By signing the contract the contractor guarantees and gives full warranty (1) of the quality of materials incorporated into the work, (2) that all work will be performed in a good and workman like manner, (3) that the finished product will be fit for its intended use and purpose and constructed in conformity with the Contract, and (4) that the contractor’s work will be otherwise free of all defects. For the purpose of this subsection , defec t shall be understood to mean and to include all conditions or characteristics of the contractor’s work not in conformity with the project plans and specifications including, without limitation, any nonconformity with the project plans and specifications that
1.renders the contractor’s work inconsistent with applicable design standards, (2) that the contractor has not declared prior to Final Acceptance , or (3) that the Department has not observed or detected in the course of Final Inspection. Defect shall be understood to exclude reasonably anticipated depreciation or deterioration of the contractor’s work and all other conditions arising exclusively from the intended use of the finished product and not caused by a defect as defined in this paragraph. At no direct pay and in accordance with the instruction of the engineer, the contractor shall remediate or replace any work which the Department determines to be defective during the guarantee and warranty term. If it should be found that portions of the Project failed due to defective material or faulty workmanship and if such defective portions cause any breakdown or accident, the contractor will not only be required to furnish and install the replacement portion , but will also be held responsible to the Department for all expenses due to accident or breakdown caused by such a failure , including the repair or replacement of any other portion damaged by the failed portion, and/or the replacement of any other portion or equipment when such replacement is necessitated by the replacement of the portion which is the subject of the warranty. The term of this guarantee and warranty is 3 years after final acceptance, except for National Highway System (NHS) projects . For NHS projects , the guarantee period and w arranty term will be 1 year from final acceptance of the project . This guarantee does not include an obligation by the contractor, or the department, to maintain the contractor’s work during the guarantee and/or warranty period, or otherwise.
104.05.1 Equipment, Instruction Sheets: For the purpose of this
subsection , equipment shall be understood to mean and to include all equipment, project component , apparatus, and/or all parts of such equipment (1) purchased or acquired by the contractor subject to an express warranty provided by the manufacturer of the equipment , and (2) installed by the contractor in accordance with project plans and specifications. Instruction sheets that are required to be furnished by the manufacturer for installed project equipment, appar atus, materials, supplies, and operation shall be delivered by the contractor to the engineer prior to final acceptance of the project, with the following written warranties and guarantees:
1.Unless otherwise specified, the manufacturer's standard warranty f or each piece of installed project equipment, project component , or apparatus furnished under the contract.
2.The contractor's guarantee that, during the guarantee period, necessary repair or replacement of the warranted equipment, project component, or appa ratus will be made by the contractor at no direct pay.
3.The contractor's guarantee for satisfactory operation of installed project equipment including, but not limited to, the mechanical and electrical systems furnished and constructed under the contract fo r the guarantee period. If it should be found that portions of the Project failed due to defective material or faulty workmanship and if such defective portions cause any breakdown or accident, the contractor will not only be required to furnish and install the replacement portion , but will also be held responsible to the Department for all expenses due to accident or breakdown caused by such a failure , including the repair or replacement of any other portion damaged by the failed portion, and/or the replacement of any other portion or equipment when such replacement is necessitated by the replacement of the portion which is the subject of the warranty. The term of this guarantee and warranty is 3 years after final acceptance, except for National Highway System (NHS) projects . For NHS projects , the guarantee period and w arranty term will be 1 year from final acceptance of the project . This guarantee does not include an obligation by the contractor, or the department, to maintain the contractor’s work during the guarantee and/or warranty period, or otherwise.
104.05.1 Equipment, Instruction Sheets: For the purpose of this
subsection , equipment shall be understood to mean and to include all equipment, project component , apparatus, and/or all parts of such equipment (1) purchased or acquired by the contractor subject to an express warranty provided by the manufacturer of the equipment , and (2) installed by the contractor in accordance with project plans and specifications. Instruction sheets that are required to be furnished by the manufacturer for installed project equipment, appar atus, materials, supplies, and operation shall be delivered by the contractor to the engineer prior to final acceptance of the project, with the following written warranties and guarantees:
1.Unless otherwise specified, the manufacturer's standard warranty f or each piece of installed project equipment, project component , or apparatus furnished under the contract.
2.The contractor's guarantee that, during the guarantee period, necessary repair or replacement of the warranted equipment, project component, or appa ratus will be made by the contractor at no direct pay.
3.The contractor's guarantee for satisfactory operation of installed project equipment including, but not limited to, the mechanical and electrical systems furnished and constructed under the contract fo r the guarantee period. To extent possible , contractor shall acquire all such warranties in the name of and for the benefit of contractor and the Department . Otherwise, Contractor shall assign and subrogate all of contractor’s rights under all express warranties of such equipment or project components , or parts of thereof, to the Department and deliver such to the Department before acceptance of the work. The term of the warranty or guarantee period shall commence upon the final acceptance date of the p roject. If it should be found that parts or portions of equipment failed due to defective material or faulty workmanship and if such parts should, within the manufacturer's warranty period, cause any breakdown or accident, the contractor , during the term of its guarantee period, will not only be required to furnish and install the replacement part, but will also be held responsible to the Department for all expenses due to accident or breakdown caused by such a failure , including the repair or replacement of any other equipment damaged by the failed equipment, and/or the replacement of any other equipment when such replacement is necessitated by the replacement of the equipment or part which is the subject of the warran ty. The contractor shall insert one copy of all warranties and guarantees into the maintenance manuals specified. Routine maintenance during the guarantee period will be performed by the Department. Section 105 Control of Work
105.01 AUTHORITY OF THE ENGINEER. The engineer, acting
directly or through duly authorized representatives in accordance with
105.09 , will decide all questions which arise as to quality and acceptabilit y
of materials furnished and work performed, rate of progress of the work, interpretation of plans and specifications, and acceptable fulfillment of the contract by the contractor. The engineer will have the authority to suspend the work wholly or in part due to failure of the contractor to correct conditions unsafe for workmen or the general public; for failure to carry out provisions of the contract; for failure to carry out orders; for such periods as deemed necessary due to unsuitable weather; for conditions considered unsuitable for prosecution of the work; or for other conditions or reasons deemed to be in the public interest. Orders to suspend the work will be in writing and will include the reasons for the suspension. The order to resume work will also be in writing. The Chief Engineer has the authority to suspend the work if, at any time, the required policies of insurance become unsatisfactory to the Department, as to form or substance, or if a company that has issued any policies becomes unsatisfactory to the Department. When work is suspended due to acts, failures to act, or omissions of the contractor, all delays resulting therefrom shall be non-excusable delays and noncompensable.
105.02 PLANS AND SUBMITTALS. Conform to 801.05.2 for format of
plans , and submittals. Maintain a copy of all plans and submittals at the job site throughout the duration of the contract.
105.02.1 Plans: The contractor will be furnished, without charge , a
maximum of five sets of half -scale plans , unless full -scale plans are requested. Plans will show lines, grades, typical cross sections, location and details of structures, and a summary of pay items. Only general features will be shown for steel bridges. Standard plans required for the work, but included only by reference, will be furnished free of charge to the con tractor upon request.
Source: Louisiana Standard Specifications for Roads and Bridges, 2016 Edition. Pages 44–53 of 1,145.