- 37 - SECTION 104 -- SCOPE OF WORK
104.01 Intent of Contract
1.The Contractor shall furnish all labor, materials, equipment, and other resources required to complete the work described in the contract.
104.02 Alteration of Plans or Character of Work
1.Changes to the Work
a.The Engineer may revise the contract and add or delete items of work as needed to satisfactorily complete the project at any time during the contract.
b.These changes will be provided to the Contractor in writing.
c.These changes in the work to be completed do not invalidate the contract nor releas e the contract surety.
d.The proposed changes will be reviewed to determine if there will be additional environmental impacts that were not addressed in the environmental documents, permits, age ncy commitments or the contract. This review shall occur prior to work commencing on the proposed changes.
e.If the changes in the quantities or the work to be completed result in requiring additional time to complete the contract, adjustments to the contract time will be considered in accordance with Subsection 108.02.
2.Changes in Quantities (Directed by the Engineer) a. Except for changes in quantities of existing major items of work, the work will be paid for at either the contract unit prices for existing items of work or at negotiated prices for new items of work.
b.(1) If a major item of work is increased in excess of 125% or decreased below 75% of the original co ntract quantity, the Department or the Contractor may request to negotiate a new price for that portion in excess of 125% of the original contra ct item quantity, or in case of a decrease below 75%, to the actual amount of work performed, provided that the Contractor can demonstrate how his or her costs have been impacted and explains how any fixed costs were di stributed to the original quantities of the items affected.
2.Agreement will be reached for the contract adjustment before the work is begun. When th e basis cannot be agreed upon, the Department may order prosecution of the work under the Force Account provision in Subsection 109.05.
3.Any contractor-exercised option, such as the use of RAP in an asphaltic concrete mix, will not become the basis for an increase in price due to a quantity change.
4.If the Engineer and the Contractor agree that the bid unit price is the correct unit cost for an overrun or underrun of the contract quantity, that agreement mu st be documented in some fashion (letter, email, change order).
3.Changes in Quantities (Incidental Overruns and Underruns) a. The quantities listed in the schedule of items are considered to be approximations; and the final qua ntities, as determined by final
104.02 Scope of Work
- 38 - measurements and the records of work performed, routinely result in overruns or underruns of the original quantities.
b.(1) Except for changes in qu antities of existing major items of work, the work will be paid for at the contract unit prices.
2.(i) If a major item of work is increased in excess of 125% or decreased below 75% of the original contract quantity, the Department or the Contractor may request to negotiate a new price for that portion in excess of 125% of the original contra ct item quantity, or in case of a decrease below 75%, to the actual amount of work performed, provided that the Contractor can demonstrate how his or her costs have been impacted and explains how any fixed costs were di stributed to the original quantities of the items affected. (ii) Any contractor-exercised option, such as the use of RAP in an asphaltic concrete mix, will not become the basis for an increase in price due to a quantity change. (iii) If the Engineer and t he Contractor agree that the bid unit price is the correct unit cost for an overrun or underrun of the contract quantity, that agreement mu st be documented in some fashion (letter, email, change order). (iv) If the Engineer and the Contractor cannot agree upon a revised unit price for a qualifying overrun or underrun of the contract quantity, the Engineer, in his or her sole discretion, shall either pay for the work at the contract unit price or determine an equitable adjustment.
4.Differing Site Conditions a. The Contractor shall notify the Department in writing of any suspected differing site conditions. No tification shall be made before the existing conditions are disturbed and as soon as the condition is discovered.
b.Differing site conditions are: (1) Subsurface or latent physical conditions which differ materially from those indicated in the contract, or
2.unknown physical conditions of an unusual nature which differ materially from those ordinarily encountered and which are generally recognized as inherent to the work of the character provided for in the contract.
c.The term “differing site conditions” shall not apply to those situations where the subsurface or la tent physical conditions or an unknown physical condition do not differ significantly from those ordinarily encountered or which are generally recogn ized in the industry as inherent in the work provided for in the contract.
d.Before the site is distur bed and before any anticipated or additional work is performed, the Engineer shall be given an opportunity to investigate.
e.(1) Upon written notification, the Engineer will investigate the suspected differing conditions and determine whether they differ materially from those indicated in the contract or qualify as an unknown physical condition of an unusual nature; and the Engineer’s determination shall be conveyed to the contractor in writing Scope of Work 104.03 - 39 - (2) If the Engineer determines that they do materially differ and will result in an increase (or decrease, as the case may be) in the cost or time required for the performance of any work under the contract, a cost adjustment (excluding loss of anticip ated profits) or time allowance adjustment will be made; an d the contract will be modified in writing if a change is warranted.
f.No contract adjustment wh ich results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.
5.Extra Work
a.The alterations of the cont ract, the quantities, or the work described in this Subsection may result in “extra work,” as defined in Subsection 101.0338 of t hese Specifications.
b.The Contractor shall perfo rm unforeseen work for which there is no price included in the contract whenever it is deemed necessary or desirable to complete the proposed improvement. Such "extra work" shall be performed in accordance with the s pecifications and as directed.
c.Except in emergency condit ions, no payment is allowed for "extra work" unless it is authorized by a signed Work Order. The Work Order shall be completed before the Cont ractor starts the extra work.
d.The order shall st ipulate that the work sh all be paid for at the stated unit price or lump sum agreed upo n previously by the Contractor and Engineer. Failing such agreement, the or der shall stipulate that the work shall be done on a force account basis or by having the Engineer track and record construction costs for payment and complete a Supplemental Agreement when the extra work is complete.
e.See Subsection 109.05 of th ese Specifications for additional information and details regarding payment for “extra work.”
104.03 Value Engineering Proposals (VEP)
1.These requirements apply to all proposals initiated, developed, and identified as VEPs by the Contractor . To be qualified as a VEP, a proposal must be identified as a VEP at the time of its submission to the Engineer.
2.The Contractor shall submit VEPs to the Engineer in writing with the understanding that the Engineer is not required to approve them. If a VEP is accepted by the Department, an amount not to exceed 50% of the resultant savings will be paid to the Contractor.
3.Each VEP must result in a net cost savings without impairing essential functions and characteristics of the item(s) or of any other part of the project, including but not limited to service life, reliability, economy of operation, ease of maintenance, desired aesthetics, and safety.
4.As a minimum, the following information shall be submitted with each VEP:
a.A statement t hat the proposal is submitted as a VEP.
b.A statement concerning the basis for the VEP and benefits to the Department together with an itemiz ed list of the contract items and requirements affected by the VEP.
104.03 Scope of Work
- 40 - c. A detailed comparison of the estimated costs under the existing contract and under the VEP.
d.Proposed specifications an d recommendations as to how such VEP changes are to be accomplished.
e.A statement indicating the time and date by which a change order-supplemental agreeme nt adopting the VEP must be issued so as to obtain the maximum cost effectiveness.
5.a. VEPs will be processed in the same manner described for any other proposal which would necessi tate issuance of a change order- supplemental agreement. The Department may accept in whole or in part any VEP by issuing a change orde r-supplemental agreement which identifies the VEP on which it is based. The Department will not be liable to the Contractor for failure to accept or act upon any VEP submitted pursuant to these requirements or for any delays to the work attributable to any such proposal.
b.Until the Department ap proves a VEP by a change order- supplemental agreement, the Contractor shall be obligated to the terms and conditions of the existing cont ract. If an executed change order- supplemental agreement or a work or der has not been issued by the date specified in the Contractor's proposal or another date the Contractor may subsequently have specified in writ ing, the VEP shall be deemed rejected.
6.a. The change order-supplem ental agreement effecting the necessary contract modification will establish the net savings agreed upon, will provide for adjustment in the cont ract prices, and will indicate the net savings to be equally divided between the Contractor and the Department.
b.The Contractor shall pr epare and submit the VEP at no additional cost to the Department. All reasonably incurred costs of reviewing and administering the VEP will be borne by the Department. The Department reserves the right to incl ude in the agreement any conditions it deems appropriate for consideration, approval, and implementation of the VEP. The Contractor's share of the net savings constitutes full compensation for designing and developing the VEP and effecting all changes pursuant to the agreement.
7.Acceptance of the VEP by the Department and performance of the work by the Contractor will not chan ge the contract time limit unless specifically addressed in the change order-supplemental agreement authorizing the VEP.
8.The Department expressly reserves the right to adopt a VEP for general use in its contracts. VEPs identi cal or similar to previously accepted VEPs will be eligible for consideration and compensation provided they were not previously adopted for general a pplication by the Department. When a VEP is adopted for general use, compens ation for it will be applied only to those contracts awarded and for whic h the subject VEP ha s been submitted before the date of it s general adoption.
9.The following will not normall y be considered acceptable VEPs:
a.Changes to basic bridge design. b. Changes to basic pavement designs.
c.Changes requiring different right-of-way limits. Scope of Work 104.04 - 41 - d. Requirements set by permit conditions.
10.VEPs based on prior changes to Department contracts/procedures are not acceptable.
11.The Engineer shall be the sole judge of the acceptability of a VEP.
12.Subject to the provisions cont ained herein, the Department or any other public agency shall have the right to use all or part of any accepted VEP without obligation or compensation of any kind to the Contractor.
13.Subsection 104.02, which pertains to adjustment of contract unit prices due to alterations of contract quantities, will not apply to the items adjusted or deleted as a result of affecting the VEP by change order- supplemental agreement.
14.A VEP will not be accepted if the proposal is prepared by an Engineer or the Engineering Firm who designed the contract plans.
104.04 Maintenance of Detours, Shooflies, and Temporary Accesses
1.The Contractor shall at all times, to the extent practicable, provide private dwellings, commercial properties, businesses, and public facilities access to and from the nearest intersecting public road or street. Accommodations shall be made to ensure local traffic which has its origin or destination within the limits of the proj ect has access to all private dwellings, commercial properties, businesses, and public facilities. Shooflies or temporary, accesses constructed for public use shown in the contract or as directed by Engineer shall be maintained by the Contractor.
2.a. The Contractor shall not close any road without the permission of the Engineer.
b.It is understood that although a road is closed, limited access must be maintained for authorized local traffic.
3.When the contract show a "DETOUR", it will be routed, marked, and maintained by the Department, county, or city.
4.a. When the contract requires the Contractor to build "shooflies" or “temporary accesses”, the Contract or shall be responsible for their maintenance.
b.(1) The Contractor shall receive "Equipment Rental" payments as described in Section 919 for maintenance of shooflies and temporary accesses.
2.The Contractor shall also receive payment for all materials used in the maintenance of shoof lies and temporary accesses.
c.The Contractor shall maintain all shoofly or access roadways to the as built condition as shown in the contract throughout its use.
d.If the Contractor fails to perform required shoofly and temporary access maintenance and it becomes necessary for the Department to perform the maintenance, the cost of labor, equipment, and material required to perform the maintenance (calculated in accordance with the methods described in Subsection 109.05) will be deducted from money due the Contractor.
104.05 Scope of Work
- 42 - 104.05 -- Removal and Disposal of Unforeseen Structures and Obstructions
1.a. The Contractor shall re move unforeseen obstructions or structures that conflict with the work.
b.Whenever it is possible, st ructures shall not be removed until replacement structures are operational.
c.Material from existing struct ures which, in the opinion of the Engineer, can be used elsewhere shall remain the property of the State. This material shall be removed without damage, in sections which may be readily transported, and stored neatly by the Contractor as provided elsewhere in these Specifications.
d.Unless otherwise provided in the contract, removal of unforeseen structures and obstructions will be paid for as "extra work".
2.The Contractor shall remove and dispose of minor obstructions or obstacles encountered in the roadway, borrow pits, or material pits without compensation. Minor obstructions include, but are not necessarily limited to, such items as:
a.Abandoned pipes less than 10 feet (3 m) long and less than 30 inches (750 mm) in diameter.
b.Abandoned cable. c. Boulders 40 inches (1 m) in diameter or smaller. d. Scrap iron. e. Fences. f. Trash. g. Stumps.
h.Logs less than 18 inches (450 mm) in diameter and 20 feet (6 m) in length.
i.Concrete pieces less than 1 cubic yard (0.75 m 3).
j.House foundations [( less than 10 feet (3 m) long)].
3.The above list of typical minor items will not be considered minor when several minor items are unearthed and the total volume exceeds 26 cubic yards (20 m3). This exclusion does not apply to items visible on the ground surface at the time of contract letting.
104.06 Rights In and Use of Materials
1.a. The Engineer may authorize the use of soils found in the excavation that are suitable for completing other bid items of work. The Contractor will be paid for both the remo val of the soils at the corresponding contract unit price and for the pay item for which the removed soils are used. No charge for the soils used will be made against the Contractor.
b.If the Contractor removes so ils to complete other items of work, this soil shall be replaced with acceptable soils without compensation. Unless authorized by the Engineer, the Contractor shall not excavate or remove any soils from within the right- of-way limits that are not within the excavation limits established in the field. Scope of Work 104.08 - 43 - 2. Unless otherwise provided, mate rial from any existing structure may be used temporarily in the erec tion of the new structure. Salvage material shall not be cut without the ap proval of the Engineer. Extreme care shall be taken to avoid damage to the salvage material.
104.07 Final Cleaning Up
1.As part of completion of the work and before acceptance and final payment, the Contractor shall remove all rubbish or litter that the Contractor generated, excess materials, falsew ork, temporary structures, and equipment from the project site, bo rrow sites, and all State property occupied in connection with the work. All parts of the work shall be left in a neat and presentable condition. Addition ally, the project shall be restored in accordance with environmental documents, permits, agency commitments and the contract.
2.Final Cleanup shall be at no additional cost to the Department.
104.08 Removal of Unexpected Waste and Contaminated Soil
1.Should the Contractor encount er any previously unidentified suspected hazardous materials, the Engineer shall be immediately notified. The Contractor shall immediately suspend operations in the area involved until such time that the Engineer provid es the Contractor with direction and permission to proceed. The Department reserves the right to direct the Contractor to complete the work, or to contract with another entity to complete the work.
2.When directed to do so by the Engineer, the remedial work will be paid for as Extra Work. - 44 - SECTION 105 -- CONTROL OF WORK
105.01 Authority of Engineer
1.The Engineer will decide all questions regarding:
a.The quality and acceptability of materials furnished.
b.The work performed.
c.The manner of performance and progress of the work. d. Interpretation of the Contract.
e.Fulfillment of the c ontract by the Contractor.
f.Compensation. g. Disputes pertaining to mut ual rights between Contractors.
h.Determination of the exist ence of differing site conditions.
i.Determination of working days or calendar days. j. Working drawing details. 2. The Engineer's decisions shall be final, and he/she shall have authority to enforce those decisions and orders which the Contractor fails to carry out promptly.
3.a. The Engineer will have th e authority, but not the duty, to suspend the work either wholly or pa rtially if the Contractor fails to:
1.Correct conditions unsafe to Department personnel or the traveling public.
2.Carry out provisions of the contract.
3.Carry out contract rela ted decisions of the Engineer.
4.Follow the plans and specifications. (5) Comply with any governing Federal, State or Local environmental quality regulation.
b.Work may also be suspended by the Engineer to protect the State’s interest and for conditions cons idered unsuitable for prosecution of the work.
c.While the Engineer may initially notify the Contractor verbally, the Engineer will notify t he Contractor in writing of all suspensions.
4.Contractor is solely responsible for worksite safety for employees of Contractor or any lower tier subcontractor or supplier, and Contractor understands that State has no duty concerning worksite safety to Contractor, Contractor’s subcontractors at any tier, or to employ ees of Contractor or any project subcontractor or supplier.
105.02 Plans and Working Drawings
1.The plans will be supplemented by such Contractor provided working drawings (shop plans) as are necessary to adequately control the work. It is mutually agreed that all authorized alterations affecting the requirements and information given in the plans shall be in writing and reviewed by the Engineer.
2.Contractor provided working dr awings shall consist of such detail as may be required of the Contractor for the prosecution of the work. They
Source: Nebraska Standard Specifications for Highway Construction, 2017 Edition. Pages 71–77 of 1,048.