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General Provisions (00100-00999)

104SCOPE OF WORK

NH · 2016 Standard Specifications✓ Full text on BuildSpecBook pages 28–36 Save this section

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New Hampshire Department of Transportation Standard Specifications – 2016

104.01Intent of Contract

The intent of the Cont ract is to provide for the construction and completion in every detail of the work it describes. The Contractor shall furnish all labor, materials, equipment, tools, transportation, services, and supplies required to complete the Work under the Contract.

104.02Revisions to the Contract

A.General.

The Department reserves the right to revise the Contract at any time. Revisions to the Contract neither invalidate the Contract nor release the surety, and the Contractor agrees to perform the Work as revised. The Contractor shall not proceed with the revised Work until directed to do so by the Engineer, but shall continue with all work unaffected by the revision. Nothing contained in this section shall constitute a waiver of the State’s sovereign immunity. If the Contractor believes that it has encountered circumstances that necessitate a revision to the Contract, the Contractor shall immediately notify the Engineer in accordance with subsection 104.02.G. If the Contractor believes it has encountered a Differing Site Condition as set forth in 104.02.B , Significant Changes in the Character of Work as set forth in 104.02.C , or Suspensions of Work Ordered by the Engineer as set forth in 104.02.D , the Contractor shall provide notice as required by these clauses and as required by 104.02.G . Failure to provide notice as specified in 104.02.G constitutes a waiver of the Contractor’s entitlement to compensation or a time extension and releases the State from responsibility for providing compensation or a time extension for any related claims filed under 105.18. If the Engineer concludes that the Contract should be revised, as provided in 104.02.G .4, compensation will be provided in accordance with 109.04, and time extensions will be granted in accordance with 108.07. In addition, the term “ adjustment” as used in 104.02.B, C, and D is defined as a time extension in accordance with 108.07 and compensation in accordance with 109.04. In 104.02.C, the phrase, “ as provided elsewhere in the Contract,” means as provided in 108.07 with regard to time extensions and in 109.04 with regard to compensation. With regard to 104.02.D , Suspensions of Work, an adjustment is provided for suspensions or delays “ caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or Sub-Contractors at any approved tier, and not caused by weather.” The Contractor is also not entitled to an adjustment for suspensions or delays caused by the reasons set forth in 108.07.B, Excusable, Non-Compensable Delays. The Department may revise the Contract for any of the reasons specified in 104.02.B. Differing Site Conditions; C. Significant Changes in the Character of Work; D. Suspension of Work; E. Extra Work, or F. Elimination of Work. Sections 104.02.B, C, and D contain wording mandated by FHWA. As the terms “ modification” or “ change” are used in them they shall mean a Revision to the Contract.

B.Differing Site Conditions.

During the progress of the work, if subsurface or latent physical conditions are encountered at the Project Site differing materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before 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 conditio ns materially differ and cause an increase or decrease in the cost and/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 as to whether or not an adjustment of the Contract is warranted. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. No Contract adjustment will be allowed under this clause for any effects caused on unchanged work.

C.Significant Changes in the Character of Work.

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 inv alidate the Contract nor release the surety, and the Contractor agrees to perform the work as altered. If the alterations or changes in quantities significantly change the character of the work under the Contract, whether such alterations or changes are in themselves significant changes to the ch aracter of the work or by affecting other work cause such other work to become significantly different 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.

New Hampshire Department of Transportation Standard Specifications – 2016 If the alterations or changes in quantities do not signifi cantly change the character of the work to be performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract. The term ‘‘significant change” shall be construed to apply only to the following circumstances:

1.When the character of the work as altered differs materially in kind or nature from that involved or included in the original

proposed construction; or

2.When a Major Item of work, as defined elsewhere in the Contract, is increased in excess of 125 percent or decreased below

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

D.Suspensions of Work Ordered by the Engineer.

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. 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 at any approved tier, and not caused by weather, the Engineer will make 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. 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 Contract.

E.Extra Work.

If the Contractor believes that it has been required to perform work not originally in the Co ntract but found to be essential for the completion of the Contract, the Contractor shall notify the Engineer in accordance with 104.02.G. Failure to provide notice as specified in 104.02.G constitutes a waiver of the Contractor’s entitlement to compensation or a time extension and releases the State from responsibility for providing compensation or a time extension for any related claims filed under 105.18 . If the Engineer determines that Extra Work is required, the Engineer will compensate the Contractor for the Extra Work in accordance with 109.04. Time extensions, if warranted, will be determined in accordance with 108.07.

F.Eliminated Items.

The Department may partially or completely eliminate Contract Pay Items. When notified of the elimination of a Contract Pay Item, if the Contractor believes that such el imination will necessitate a revision to the Contract Amount, the Contractor shall provide notice in accordance with 104.02.G . Failure to provide notice as specified in 104.02.G constitutes a waiver of the Contractor’s entitlement to compensation or a time extension releases the State from responsibility for providing compensation or a time extension for any related claims filed under 105.18. The Department will reimburse the Contractor for the actual Work completed in accordance with 109.04.

G.Contractor Notification.
1.Contractor Initial Notification. The Contractor shall provide immediate oral or written notification to the Engineer upon

discovering a circumstance that the Contractor believes will require a revision to the Contract. Upon notification, the Engineer will attempt to resolve the identified issue as quickly as possible. No further work is to be performed or expense incurred related to the alleged revision unless directed otherwise in writing by the Engineer.

2.Contractor Notice. If the Engineer has not resolved the identified issue within 2 working days the initial notification was

given by the Contractor, then the Contractor shall provide written notice to the Engineer of any circumstance that may require a revision to the Contract and shall contain the following information:

A.No further work is to be performed or expense incurred related to the alleged revision unless directed otherwise in

writing by the Engineer.

B.Immediately notify the Engineer in writing of the alleged revision occasioned by the site conditions or actions by

the Department and, within five days of the date that the alleged revision or action was noted, provide the following information to the Engineer in writing:

1.The date of occurrence and the nature and circumstances of the occurrence that constitute a revision.

New Hampshire Department of Transportation Standard Specifications – 2016

2.Name, title, and activity of each Department representative knowledgeable of the alleged revision
3.Identify any documents and the substance of any oral communication involved in the alleged revision.
4.Basis for belief that a delay occurred and a time extension is due. Also, provide the basis for any contention that

accelerated performance was necessary and compensation due.

5.Basis for belief that the work is not required by the Contract.
6.Particular elements of Contract performance for which additional compensation may be sought under this Section

including:

a.Pay item(s) that has been or may be affected by the alleged revision.
b.Labor or materials, or both, that will be added, deleted, or wasted by the alleged revision and what equipment

will be idled or required.

c.Delay and disruption in the manner and sequence of performance that has been or will be caused.
d.Increases to Contract Amount(s), delivery schedule(s), staging, and Contract Time estimated due to the alleged

revision.

e.Estimate of the time within which the Department mu st respond to the notice to minimize cost, delay, or

disruption of performance. The Engineer and Contractor shall maintain records of labor, equipment, and materials used or made necessary by the circumstance. Such record keeping shall start when notice is received by the Engineer.

3.Written Acknowledgement, by Engineer. The Engineer will acknowledge in writing the receipt of the

Contractor’s written notice.

4.Final Written Response, by Engineer. Within 5 working days of receiving the Contractor ’s written notice, unless

the Contractor agrees to a longer time period, the Engineer will provide a written response that includes one of the following:

a.Confirmation of the need for a revision to the Contract. A time extension, if one is necessary, will be determined

in accordance with 108.07. Compensation for the revision, if any is necessary, will be determined in accordance with 109.04. The Engineer will give direction to the Contractor regarding how to proceed with Work affected by the revision.

b.Denial of the request for a revision to the Contract, in which case the Engineer will explain why the issue does

not represent a revision to the Contract. Upon receipt of such a denial, the Contractor shall immediately proceed with all Work that may have been halted due to the circumstances for which the Contractor provided notice.

c.A request for additional information or time for review, in which case the Engineer will iden tify what is needed

and by when; the Engineer will issue a response within 5 working days of receiving the additional requested information.

5.Contract Revisions Without Notification. The Department will not make revisions to the Contract Amount or

Contract Time allowed by 104.02.B, 104.02.C, 104.02.D, 104.02.E, 104.02.F, 104.04, 104.06, 104.09, 105.06 and

105.08if the Contractor did not give notice as specified in 104.02.G

6.Contractor’s Recourse. If the Contractor disagrees with the Engineer’s final written response or the Engineer’s

response is untimely, the Contractor may pursue a claim in accordance with 105.18.

104.03Maintenance of Traffic

The Contractor shall keep all roads open to all traffic during construction. Where provided in the Contract, or approved by the Engineer, traffic may be bypassed over an approved detour route. The Contractor may propose to construct detours not shown on the Plans. The Contractor shall submit proposed detour plans for documentation in accordance with 105.02, which shall show the proposed location, alignme nt, grade, typical cross section, protective fixtures and signing. The section of the project being used by public traffic shall be kept in a condition that safely and adequately accommodates traffic. The Contractor shall furnish, erect, and maintain bar ricades, warning signs, delineators, striping, flaggers, and pilot cars in accordance with the MUTCD and Sections 618, 619 and 632. The Contractor shall bear all expense of maintaining the section of road undergoing improvement including all temporary approaches or crossings and intersections with trails, roads, streets, businesses, parking lots, resi dences, garages, farms, and other features as may be necessary. Snow removal from the roadway is not required during winter work suspensions if all conditions set forth in 104.03. D and 619.3.1.9.1 are met. Payment for the furnishi ng, installation, and maintenance of traffic control will be as provided in Section 619. No other compensation for maintenance will be made except as provided below:

A.Detours. When the Contract contains an item for “ Construct and Remove Detours” or “ Temporary Bridge,” the

payment for such items covers all costs of constructing, maintaining, and obliterating detours, including construction and removal of temporary bridges and accessory features. Right-of-Way for temporary highways or bridges designated in the Contract will be furnished by the Department.

New Hampshire Department of Transportation Standard Specifications – 2016

B.Maintenance of Traffic During Suspension of Work.
1.Suspensions Ordered by the Engineer not caused by the Cont ractor or Winter Suspensions due to climatic

conditions. The Contractor shall make passable and open to traffic the sections of the project and temporary roadways as agreed upon between the Contractor and the Engineer for the accommodation of necessary tr affic during the anticipated period of suspension. During this suspension period, the maintenance of the temporary roadway and sections of the Project will be the responsibility of the Department subject to 105.14. When Work is resumed, the Contractor shall replace or restore any work or materials lost or damaged because of the temporary use of the Project and remove work or materials used in the temporary maintenance and complete the Project as though its prosecution has been continuous and without interference. Additional work caused by the suspension, for reasons beyond the Contractor’s control, in accordance with 104.09 and 619.5.4 will be paid for at Contract prices or as provided for in 109.04.

2.Other Suspensions of Work. When Work is suspended for any other reason including but not limited to the

following: for failure to correct conditio ns unsafe for the workers or the general public, for failure to carry out orders of the Engineer, or for other reasons caused by the Contractor, all costs for maintenance of the roadway to accommodate traffic during the suspended period shall be borne by the Contractor.

C.Maintenance Directed by the Engineer. If the Engineer directs special maintenance for the benefit of the traveling

public not otherwise included in the Contract, payment will be on the basis of Contract unit prices or under Subsection

.C Significant Changes in the Character of Work. The Engineer will determine the work to be classed as

special maintenance

D.Winter Maintenance Meeting. All Projects, which will encompass construction activities o ver the course of two

or more construction seasons, shall be required to hold a “ Project Winter Maintenance Meeting ” prior to October th. This meeting shall as a minimum involve personnel from the Contractor , Bureau of Construction, Division of Operations, and the local municipality, as appropriate. The meeting will serve to determine and document the work required by the Contractor prior to the winter maintenance season and the responsibilities of all the parties during that season. Should the Contra ctor fail to perform the required work in advance of the winter maintenance season, all costs for maintenance of the roadway to accommodate the safe flow of traffic during that period whether work is suspended or not shall be borne by the Contractor, including all snow removal costs.

104.04Rights In and Use of Materials Found on the Project

Materials found in the limits of excavation that are suitable for completing bid items of work may be used by the Contractor . The Contractor will be paid both for the removal of the material at the corresponding Contract unit price and fo r the pay item for which the removed materials are used. Material within the grading limits below the roadway template may also be removed and used on the project without compensation from the Contractor; however, the Contractor will not be paid for the removal and replacement of this material. The replacement material shall be subject to the approval of the Engineer. The Engineer may prohibit excavation below the planned limits if such excavation and subsequent backfilling will cause damage, additional exp ense, loss of time or loss of structural integrity. Material shall not be excavated or removed from within the highway Right-of-Way that is not within the grading limits without written authorization from the Engineer. Material authorized to be removed ou tside the grading limits may be subject to compensation from the Contractor at an agreed price at the time of authorization. Replacement material covered under 104.04 shall be compacted to the density requirements specified for roadway embankment construction. It is expressly understood that the Contractor is not entitled to compensation for anticipated profits on the expected use of any materials shown on the Plans as existing and later found to be nonexistent or unfit for use. Unless otherwise provided, the material from any structures scheduled for demolition or removal may be used temporarily by the Contractor in the erection of the new structure. Such material shall not be modified or otherwise damaged without approval. Unless otherwise specified herein, or except as stated in Sections 202 and 502, the Contractor shall not take title to structures found on the highway. Such structures, including but not limited to catch basin frames and grates, drop inlet frames and grates, and manhole frames and covers, curbing, beam guardrail, guardrail fittings, pipe, traffic control devices, and all other materials designated to be salvaged, unless otherwise specified or directed, shall be carefu lly salvaged and stored within approved portions of the right-of-way or in other approved locations for loading by the Contractor onto State owned vehicles as directed. Care shall be taken during removal operations so as not to damage any salvaged materials. The Contractor shall remove and properly dispose of existing guardrail on abandoned sections of the highway as directed. Structures and obstructions no longer an integral part of the work and not designated or directed for salvage, including guardrail posts, railroad ties, delineators, markers, cables, wire, light pole bases, signs, fence, gates, and any other visible obstru ction to the Work, shall become the property of the Contractor, who shall use, recycle, or dispose of them properly at no expense to the State.

New Hampshire Department of Transportation Standard Specifications – 2016 Removal and disposal of man- made materials that are not visible or designated for removal found within the limits of the project and that are not suitable for fill within the limits of the project or at a disposal site in accordance with 106.10, shall be the responsibility of the Contractor. Compensation for such removal and disposal will be in accordance with 104.02. All other work under this section, unless specifically provided for herein, or in other sections of the Contract, will not be paid for separately, but shall be considered as subsidiary.

104.05Final Cleaning Up

Before final inspection and acceptance of the Work, the Project Site, borrow, and local material sources and all elements used and areas occupied by the Contractor in connection with the Work shall be cleaned of all rubbish, excess materials, temporary structures, and equipment and all parts o f the Work shall be left in an acceptable condition. The cost of final cleanup shall be subsidiary to other items and no separate payment will be made.

104.06Restoration of Surfaces Opened by Permit

Any individual, firm or corporation may be issued a permit by the proper authorities for entering the Project for the purpose of constructing or reconstructing any utility service. The Contractor shall allow the permit holder to enter and work within the Project limits for this purpose. When ordered by the Engineer, the Contractor shall make necessary repairs due to the permit holder’s work. The repairs will be Extra Work as provided for in 104.02.E.

104.07Railway-Highway Provisions

If the Contract requires that materials be hauled across the tracks of any railway, the Department will arrange with the railway for use of new crossings or any existing crossings. If the crossings other than those specified in the Contract are used, the Contractor shall make arrangements for the use of the crossings. Work performed on the railway Right -of-Way shall be performed without interfering with the movement of trains or t raffic of the railway company. The Contractor shall prevent accidents, damage, or unnecessary delay or interference with the railway trains or other property. If work on the railway Right -of-Way is to be performed by both the Contractor and Railway Company, the Contractor shall coordinate the work activities with the railway company work forces and schedule. The Contractor shall secure from the railroad flagging service for the protection of railroad traffic during the progress of work by the Contractor on, over, under, or adjacent to the tracks of the railroad. Reimbursement of these services will be made by the Department to the Railroad through a Force Account agreement. If the railroad grants the Contractor ’s request for any temporary crossing or any temporary crossing is ordered by the Department’s Bureau of Rail and Transit, due to the Contractor’s construction method, the Contractor shall assume the cost of installing, maintaining, removing, and protecting such temporary crossing. The type and method of protection of the crossing and the insurance required shall be as determined by the railroad.

104.08Construction Over or Adjacent to Navigable Waters

Work over, on, or ad jacent to navigable waters shall be conducted without interfering with free navigation of the waterways and so that the existing navigable depths will not be impaired except as allowed by permit issued by the U.S. Coast Guard or the U.S. Army Corps of Engineers, as applicable.

104.09Contractor’s Responsibility for Work

Until Final Acceptance of the project by the Engineer, the Contractor is responsible for and shall protect the Work against injury or damage from all causes whether arising from the execution or the nonexecution of the Work except as provided in Subsection 104.03.B.1. The Contractor, at their expense, shall rebuild, repair, restore, and make good all losses, injuries, or damage to any portion of the Work from any cause before Acceptance, except for loss, injury, or damage due to causes not under the control and without the fault o r negligence of the Contractor . Causes not under the control of the Contractor include, but are not restricted to the following:

A.Damage by Occurrence. This includes damage to the work in progress that is caused by natural disasters such as

earthquake, tidal wave, tornado, hurricane, or other cataclysmic phenomenon of nature; acts of a public enemy; and acts of governmental authorities.

B.Damage by Public Traffic. This includes damage to any permanent element of the highway which is completed to

the stage of serving its intended function and is subsequently damaged by public traffic. It also includes damage to temporary impact attenuation devices during winter suspension. The Contractor shall repair damage due to such excepted causes and shall be paid at the Contract prices or as provided for in

as determined and ordered by the Engineer. The Contractor will be reimbursed for damage caused by public traffic (not

by vandalism or the Contractor’s equipment) if unsuccessful in collecting the cost of repair from the responsible party. In order to be reimbursed, the Contractor must have made every reasonable effort to collect the costs from the person or persons responsible

New Hampshire Department of Transportation Standard Specifications – 2016 for the damage. A reasonable effort will be considered to have been made if the Contractor certifies that the law enforcement agency having jurisdiction has been contacted in order to obtain the identity of the responsible person or persons, has corresponded in writing via certified mail with the responsible party and or his/her insurance company, if this information is available, and has failed to recover the cost of damages in spite of these efforts. In case of suspension of the Work from any cause, the Contractor is responsible for the Wo rk under the Contract and shall prevent damage to the project, provide for normal drainage, and erect necessary temporary structures, signs, or other facilit ies. The Contractor shall also maintain in an acceptable growing condition all living material in newly established plantings, seedings, and soddings furnished under the Contract, and protect new tree growth and other designated vegetative growth against injury. When work is suspended for reasons delineated in Subsection 104.03.B.2, the costs during the period of suspension shall be borne by the Contractor.

104.10Environmental Protection

The Contractor shall comply with all Federal, State, local laws, and regulations controlling pollution of the environment; and preventing the spread of prohibited invasive plants listed in Table 3800.1 of Part AGR 3800. Pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, sus pended silt, or other harmful materials and pollution of the atmosphere from particulate and gaseous matter shall be avoided to the extent practicable. Detailed requirements implementing this policy. are outlined in Section 107 and Contract documents.

104.11Value Engineering Change Proposals by the Contractor

The Contractor is encouraged to use ingenuity and experience to develop and offer any Value Engineering Change Proposal

(VECP)to the Department for alternative construction designs, methods, procedures, and other innovations that result in a lower

total cost, improved quality, or both. It is the intent of this provision to share with the Contractor any direct cost savings as a result of VECP(s) generated by the Contractor and approved by the Department. Any cost savings generated to the Contract as a result of a VECP shall be shared equally between the Contractor and the Department. Bid prices shall not rely on the anticipated approval of any VECP(s) by the Department. If a VECP is rejected, the Work shall be completed per the Contract requirements at the bid prices. VECP(s) shall only be submitted by the Contractor after the Contract is awarded. If the Department determines that the time for response indicated in the submittal under item C.5 below is insufficient for review, the Contractor will be promptly notified. Based on the additional time needed by the Department for review and the effect on the Contractor ’s schedule occasioned by the added time, the Department will evaluate the need for a time adjustment to the Contract in accordance with 108.07. The Contractor shall have no claim against the Department for any delay to the Contract based on the failure to respond within the time indicated in item B.5 or C.5 below in the submittal if additional information is needed to complete the review.

A.Submittal of VECP – General. VECP(s) that will be considered are those contemplated to produce a savings to the

Department without impairing essential functions and characteristics of the facility including but not limited to, service life, economy of operation, ease of maint enance, desired appearance, safety, and impacts to the traveling public or the environment during and after construction.

B.Submittal of a Conceptual Proposal. The Contractor may submit a conceptual proposal for preliminary evaluation for

VECP(s) that require a significant amount of design or other development resources. The Engineer will evaluate the information provided and advise the Contractor if any conditions or parameters of the Conceptual Proposal are found to be grounds for rejection. Preliminary r eview of a Conceptual Proposal reduces the Contractor’s risk of subsequent rejection but does not commit the Department to eventual approval of the full VECP. The following materials and information shall be submitted with each Conceptual Proposal:

1.A statement that the proposal is submitted as a Conceptual VECP
2.A general description of the difference between the existing Contract and the proposed change, and the

advantages and disadvantages of each, including effects on cost, service life, economy of operation, ease of maintenance, desired appearance, safety, and impacts to the traveling public or the environment during and after construction.

3.A set of conceptual plans and description of the proposed changes to the Contract requirements.
4.An estimate of the anticipated cost savings.
5.When a response to the Conceptual VECP by the Department is required.
6.Amount of time necessary to develop a Full VECP.
7.Date by which a Contract Change Order must be executed to obtain the maximum benefit from the VECP.
8.The effect the VECP will have on the completion dates in the Contract.
C.Submittal of Full VECP. The following materials and information shall be submitted with each Full VECP.
1.A statement that the proposal is submitted as a Full VECP.

New Hampshire Department of Transportation Standard Specifications – 2016

2.A description of the difference between the existing Contract and the proposed change, and the comparative

advantages and disadvantages of each including effects on service life, economy of operations, ease of maintenance, desired appearance, safety and impacts to the traveling public or the environment during and after construction.

3.A complete set of plans and specifications showing the proposed revisions relative to the original Contract

features and requirements. The Department requires a NH Professional Engineer’s stamp and signatur e on any Engineering changes.

4.A complete cost analysis indicating the final estimated costs and quantities to be replaced, compared to the new

costs and quantities generated by the VECP, and the cost effects of the proposed changes on operational, maintenance, and other considerations.

5.A statement specifying the date by which a Change Order adopting the VECP must be executed so as to obtain

the maximum cost reduction during the remainder of the Contract.

6.A proposed revised project schedule illustrating the impacts of the VECP on the Contract completion date(s) and

any other milestone dates.

7.A description of any previous use or testing of the VECP and the conditions and results therewith. If the VECP

was previously submitted on another Department project, in dicate the date, Contract number, and the action taken by the Department.

D.Conditions. VECP(s) will be considered only when all of the following conditions are met:
1.VECP(s), approved or not approved by the Department, apply only to the ongoing Contract( s) referenced in the

Proposal and become the property of the Department. The VECP(s) shall contain no restrictions imposed by the Contractor on their use or disclosure. The Department has the right to use, duplicate, and disclose in whole or in part any data necessary for the utilization of the VECP. The Department retains the right to utilize any accepted VECP or part thereof on any other or subsequent projects without any obligation to the Contractor . This provision is not intended to deny rights provided by law with respect to patented materials or processes.

2.If the Department is already considering certain revisions to the Contract, or the Standard Specifications, or has

approved certain changes in the Contract for general use which are subsequently incorporated in a VECP, the Department will reject the VECP and require the Contractor to proceed without any obligation to the Contractor.

3.The Contractor shall have no claim against the Department for additional costs or delays resulting from the

rejection of a VECP, including but not limited to development costs, loss of anticipated profits, increased material or labor costs.

4.The Department will determine if a VECP qualifies for consideration and evaluation. It may reject any VECP

that requires excessive time or costs for review, evaluation, or investigations, or which is not consistent with the Department’s design policies and basic design criteria for the Project.

5.The Engineer will reject all or any portion of work performed under an approved VECP if unsatisfactory results

are obtained. The Engineer will direct the removal of such rejected work and require construction to proceed under the original Contract requirements without reimbursement for any work performed or removal of that work under the VECP. Where modifications to the VECP are approved to adjust to field or other conditions, reimbursement will be limited to the total amount payable for the work at the Contract bid prices as if the work were constructed under the original Contract requirements. The rejection or limitation of reimbursement shall not constitute the basis of any claim against the Department for delay or for any other costs.

6.The VECP proposed work shall not contain experimental features but shall be proven features that have been

used under similar or acceptable conditions on other projects or locations acceptable to the Department.

7.VECP(s) will not be considered if equivalent options are already provided in the Contract documents.
8.The savings generated by the VECP must be sufficient to warrant review and processing.
9.A VECP changing the type or thickness or both type and thickness of the pavement structure will not be

considered. Also, any VECP that solely substitutes one material for another will not be considered.

10.Additional information needed to evaluate VECP(s), shall be provided in a timely manner. Untimely submittals

of additional information will result in rejection of the VECP. Where design changes are proposed, the additional information could include results of field investigations and surveys, design computations, and field change sheets.

11.Approval or disapproval of a VECP on one Contract does not guarantee approval or disapproval on another

Contract.

12.Approval of the Conceptual VECP in no way obligates the Department to approve the Full VECP.
13.No work related to a VECP shall be performed under Force Account. Agreed prices must be determined for all

pay items related to the VECP before it is approved.

14.VECP(s) that only reduce or eliminate Contract pay items will not be considered.
15.If the VECP creates a significant change as defined in 104.02 that would not have otherwise resulted, the

Contractor has no entitlement for additional compensation as provided for in 104.02.

New Hampshire Department of Transportation Standard Specifications – 2016

E.Payment. If the VECP is accepted and approved, the changes and payment will be authorized with a Change

Order. Reimbursement will be made as follows:

1.The changes will be incorporated into the Contract by changes in quantities of unit bid items, or new agreed

price items, as appropriate, under the Contract.

2.The cost of the revised work as determined from the changes will be paid directly. In addition, the Department

will pay the Contractor 50 percent of the savings to the Department as reflected by the difference between the cost of the revised work and the cost of the related construction required by the original Contract computed at Contract bid prices.

3.The cost for development, design, and implementation of the VECP are not eligible for reimbursement.
4.The Contractor may submit VECP(s) for an approved Subcontractor. Subcontractors may not submit a VECP(s)

except through the Contractor.

5.VECP payments are for direct savings or costs. Indirect saving or costs (time, user costs, etc.) will not be

included in payment calculations.

New Hampshire Department of Transportation Standard Specifications – 2016

SECTION 105 — - CONTROL OF THE WORK

105.01Authority of the Engineer

The Engineer will decide all questions regarding the quality and acceptability of materials furnished, work performed, the rate of progress of the Work, the interpretation of the Contract, and the acceptable fulfillment of the Contract by the Contractor. The Engineer will suspend the Work, wholly or in part, for such periods as may be necessary due to the Contractor’s failure to correct conditions unsafe for the Project personnel or general public, or carry out provisions of the Contract, or carry out orders of the Engineer. Work may also be wholly or partially suspended for periods necessary due to existing or forecasted unsuitable weather, or for conditions considered unsuitable for the prosecution of th e Work such as hazardous materials, directives of the New Hampshire Department of Environmental Services, Air Resources Division, implementing emergen cy episode procedures, or any other condition or reason deemed to be in the Department’s interest. For suspensions due to these causes, refer to 104.02.D Suspensions of Work Ordered by the Engineer.

105.02Plans and Working Drawings

Plans shall be supplemented by Contractor-prepared working drawings as found necessary to control the Wor k and its prosecution. Working drawings consisting of details that are not included in the Plans but required for the Work shall be furnished to the Department. Manufacturer’s Engineering data for prefabricated material, including that for falsework and forms, shall be furnished with each set of working drawings. The Contractor shall submit to the Engineer for approval or documentation the required Working Drawings. Copies of any calculations required to prepare the Working Drawings shall be furnished wi th the drawings. The Working Drawings shall be furnished well in advance of the Work to allow the Engineer time to review or distribute the working drawings. Any work done or materials ordered for work shown on the working drawings prior to approval or distribution of the drawings shall be at the Contractor’s risk. Working Drawings for Approval. Working drawings submitted for approval shall include, but not be limited to; the following: • shop fabrication drawings (3 sets), • bending diagrams when required for reinforcing steel (3 sets), • Storm Water Pollution Prevention Plan (4 sets), • Detour Plans*, Contractor Designed (3 sets), or any other working drawings where approval is required by the Contract. *The Contractor may propose detours not shown on the Plans. The Contractor shall submit proposed detour plans in triplicate for approval, which shall show the proposed location, layout, grade, typical cross section, protective fixtures and signing. The Contractor shall submit the required sets of working drawings for approval to the Engineer for review. The Engineer will be allowed up to fifteen (15) working days for review of each submission. If the Engineer has not responded to the Contractor after fifteen working days, the Contractor shall contact the Engineer to inquire about the status of the submittal. If the Engineer requires more time for review and the Contractor believes that it is entitled to an extension of the Contract Time due to this additional review time, the Contractor shall request a time extension and proceed as required by 104.02 and 108.07. A delay caused by additional time required for review is a Noncompensable Delay. Each resubmission including requests for additional information will be treated as a new submission and may require up to fifteen (15) working days for review by the Engineer. The fifteen working days will begin upon arrival at the Bureau of Construction’s main office. The review will be considered complete when the date and status has been placed on the submittal. One set of the drawings will be returned to the Contractor marked approved or with corrections to be made. After approval has been given, the Contractor shall supply the Engineer with six sets, or seven sets if a design consultant is involved in the project, of the revised Working Drawings. Working Drawings for Documentation. Working drawings submitted for documentation shall include, but are not limited to the following, unless otherwise noted in the Contract: • Progress Schedules, • temporary bridge plans, • removal of existing bridge structure plans, • cofferdam plans, • water diversion structure plans, • plans of precast elements to be designed by the Contractor, • erection plans, • temporary support systems,

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Source: New Hampshire Standard Specifications for Road and Bridge Construction, 2016 Edition. Pages 28–36 of 502. View official source ↗

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Scoped to New Hampshire Standard Specifications for Road & Bridge Construction, Section 104 — SCOPE OF WORK. Every answer cites the section it came from, with a verification date — don’t trust a percentage, click the citation.