17 SECTION 104
104.01 Intent of the Contract. The intent of the contract is to provide for the construction and completion in
every detail of the work described. Furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work according to the plans, specifications, and terms of the contract.
104.02 Changes in Character of Work and Differing Site Conditions. (a) Changes. 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. The right is reserved to increase or decrease any or all of the items in the estimate of approximate quantities as shown in the proposal. Should any items contained in the proposal be found unnecessary for the proper completion of the work, written order may be given to eliminate such items from the contract, and such action shall in no way invalidate the contract. When a Contractor is notified of the elimination of items, actual work done and all costs incurred will be reimbursed, including mobilization of materials before said notification. The length of the project may be increased or decreased by adding or omitting sections or by relocation. Under no circumstances shall alterations of plans or of the nature of the work involve work beyond the termini of the proposed construction except as may be necessary to satisfactorily complete the project. Whenever the termini of the project are changed, a supplemental agreement acceptable to both parties to the contract shall be executed in advance of performing the affected work.
b.Significant Changes in the Character of Work. 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 before 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. Any such price adjustment will be determined by documented proof of an increase or decrease in actual costs. Documentation for an increase in costs shall include a breakdown showing the basis of the unit bid price. Failure to give notification in writing of a change in character of work and subsequent performance of said work will be considered as a waiver thereof and payment will be made at the contract unit price for the actual quantity of the work performed. 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 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 an item of work is increased in excess of 125% of the original contract quantity and the item of work, after the increase, exceeds a value of $50,000 or 5% of the original contract cost, whichever is the lesser amount, either party to the contract may seek a unit price adjustment. Any allowance due to the increase in quantity shall apply only to that portion in excess of 125% of the original contract item quantity. 3.If a major item of work, decreases below 75% of the original contract quantity, either party to the contract may seek a unit price adjustment. However, the total payment shall not exceed that which would be made for 75% of the original proposal quantity at the contract unit price. Price adjustments for decreases of other than Major Contract Items will not be allowed.
c.Differing Site Conditions. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical 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 immediately notify the other party in writing of the specific differing conditions before the conditions are disturbed and before the affected work is performed. 104 SCOPE OF WORK 18 Upon written notification, condit ions will be investigated, and if determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. Notification of the determination of whether or not an adjustment of the contract is warranted will be given. No contract adjustment which results in a benefit to the Contractor will be allowed un less the required written notice is provided.
104.03 Extra Work. Perform unforeseen work, for which there is no price included in the contract, whenever it is
deemed necessary or desirable in order to complete fully the work as contemplated. Perform such work according to the specifications and as directed, and payment will be made for as agreed unit prices, force account, or a combination of the two. Show agreed unit prices together with the estimated quantities of each unit . Extra work will be paid for a ccording to the executed contract change order or the accepted letter of authorization. Special Maintenance is work that is not included in the contract but that is defined and ordered by the Engineer to benefit the traveling public. Special Maintenance i ncludes work to maintain and repair damage to existing facilities, except for damage caused by the Contractor. Special Maintenance does not include repair of damage to any improvements constructed by the Contractor and nothing in this paragraph shall be co nstrued to relieve the Contractor of the requirements of Subsection 107.16. Special Maintenance will be paid for as extra work. 104.0 4 Rights in and Use of Materials Found on the Work. Stone, gravel, sand, or other suitable material, as may be found in the excavation, may be used on the project. Payment will be made for both the excavation of such materials at the corresponding contract unit price and also at the contract unit price for the pay item for which the excavated material is used. Replace at own expense with other acceptable material all of that portion of the excavation material so removed and used. Do not excavate or remove any material from within the highway location which is not within the grading limits, as indicated by the slope and grade lines, without written authorization. The material from any existing old structure may be used temporarily in the erection of the new structure. Do not cut or otherwise damage such mate rial except with approval. 104.0 5 Final Clean Up. Before final acceptance, remove or obliterate, all objects or disturbances of the ground, which mar the landscape and were caused by the construction operations, whether or not part of the improvement. This will be required on all areas used or occupied by the Contractor in connection with the work. Collect rubbish, excess material, temporary structures , and discarded equipment and dispose of as directed. Do not burn as a method of disposal. Fill pits or t renches for equipment sites and restore the ground, to its original conditions. Scarify and blade temporary haul roads within the right of way limits to blend with surroundings. Dress and shape pits from which materials have been obtained to conform with t he surrounding ground and minimize erosion. Remove waste from the tops of banks and place in the bottom of pit. Unless otherwise specified or directed, cut banks of pits to not steeper than 1:3 (3:1) slopes to blend with the natural contours. Grade the bot toms of pits reasonably smooth. Remove or correct all other disturbances as directed. See Subsections 106.02 and 108.09, and Section 201. 19 SECTION 105 CONTROL OF WORK
105.01 Authority of the Engineer. The Engineer will decide all questions which may arise as to the quality and
acceptability of materials furnished and work performed and as to the rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; and all questions as to the acceptable fulfillment of the contract on the part of the Contractor. The Engineer will have the authority to suspend the work wholly or in part due to: the failure to correct conditions unsafe for the workmen or the general public; the failure to carry out the provisions of the contract; for failure to carry out orders; unsuitable weather; unsuitable conditions for the prosecution of the work; or any other condition or reason deemed to be in the public interest. The Engineer has executive authority to enforce orders and his decision will be final. In the event of failing to execute work ordered within a reasonable period of time, the Engineer may, after giving notice in writing, proceed to have such work performed as deemed necessary and the cost thereof will be deducted from compensation due or which may become due. Decisions of the Engineer shall be final and conclusive. Make any appeal in writing and within 10 days of the Engineer’s decision, but in the meantime dil igently proceed with the work.
105.02 Plans and Working Drawings. Plans will show location and general details of structures, lines, grades,
typical cross sections of the roadway, and a summary of items appearing on the proposal. Keep one set of plans available on the work at all times. Supplement plans with working drawings (shop drawings) as necessary to adequately control the work. Furnish working drawings for structures including, but not limited to; demolition and removal plans, shoring and cofferdam plans, falsework plans, shop fabrication details, erection procedures, prestressing details, and other required information specified herein. Unless otherwise specified, submit 6 sets of working drawings for review and approval a minimum of 30 days before start of related work. Submit the working drawings a minimum of 90 days before start of related work which is within Railroad right of way. Additional contract time will not be given for working drawings requiring changes and re-submittal. Approval of working drawings shall not operate to relieve the responsibility under the contract for the successful completion of the work. It is mutually agreed that the Contractor shall be responsible for agreement of dimensions and details as well as for conformity of his working drawings with the approved plans and specifications. For English unit contracts, furnish working drawings in English units or both English and metric units. For metric unit contracts, furnish working drawings in metric units or both metric and English units. For working drawings which require Railroad approval, furnish the working drawings in English units only. The contract price will include the cost of furnishing all working drawings.
105.03 Conformity with Plans and Specifications. Perform work and furnish materials in reasonably close
conformity with the lines, grades, cross sections, dimensions, and materials requirements, including tolerances, shown on the plans or indicated in the specifications. If the materials or the finished product in which the materials are used are found not within reasonably close conformity with the plans and specifications but that reasonably acceptable work has been produced, then a determination will be made if the work will be accepted and may remain in place. In this event, the basis of acceptance will be documented by contract modification which will provide for an appropriate adjustment in the contract price for such work or materials as deemed necessary to conform to the determination based on engineering judgment. If the materials or the finished product in which the materials are used or the work performed are found not in reasonably close conformity with the plans and specifications and have resulted in an inferior or unsatisfactory product, remove and replace or otherwise correct the work or materials.
105.04 Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions.
The specifications, supplemental specifications, plans, Special Provisions, and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated
Source: Nevada Standard Specifications for Road and Bridge Construction, 2014 Edition. Pages 23–24 of 610.