00140.00 32 Section 00140 - Scope of Work
00140.00 Purpose of Contract - The purpose of the Contract is to set forth the rights and obligati ons
of the parties and the terms and conditions governing completion of the Work. The Contractor's obligations shall include without limitation the following: • The Contractor shall furnish all Materials, Equipment, labor, transportation, and Incidentals required to complete the Work according to Plans, Specifications, and terms of the Contract. • The Contractor shall perform the Work according to the lines, grades, Cross Section data, Typical Sections, dimensions, and other details shown on the Plans or in the 3D Engineered Model , as modified by written order, or as directed by the Engineer. • The Contractor shall perform all Work determined by the Engineer to be necessary to complete the Project. • The Contractor shall contact the Engineer for any necessary clarification or interpretation of the Contract.
00140.10 Typical Sections - The Typical Sections are intended to apply in general. At other
locations where the Typical Section is not appropriate, the Contractor shall perform construction to the identified alignment as directed by the Engineer.
00140.20 Thickness - The thickness of Courses of Materials shown on the Plans, given in the
Specifications, or established by the Engineer is considered to be the compacted thickness. Minor variations are acceptable when within tolerances specified in the Specifications or Plans, or when approved by the Engineer.
00140.30 Agency -Required Changes in the Work - Changes to the Plans, quantities, or details of
construction are inherent in the nature of construction and may be necessary or desirable during the course of Project construction. Without impairing the Contract, the Agency reserves the right to require changes it deems necessary or desirable within the scope, which in the Specifi cations means general scope, of the Project. These changes may modify, without limitation: • Specifications and design • Grade and alignment • Cross Sections and thicknesses of Courses of Materials • 3D Engineered Model • Method or manner of performance of Work • Project Limits or may result in: • Increases and decreases in quantities • Additional Work • Elimination of any Contract item of Work • Acceleration or delay in performance of Work Upon receipt of a Change Order, the Contractor shall perform the Work as modified by the Change Order. If the Change Order increases the Contract Amount, the Contractor shall notify its Surety of the increase and shall provide the Agency with a copy of any resulting modification to bond documents. The Contractor's performance of Work according to Change Orders shall neither 00140.70 33 invalidate the Contract nor release the Surety. Payment for changes in the Work will be made according to 00195.20. Contract Time adjustments, if any, will be made according to 00180.80.
00140.40 Differing Site Conditions - The following constitute differing Project Site conditions
provided such condit ions are discovered at the Project Site after commencement of the Work: • Type 1 - Subsurface or latent physical conditions that differ materially from those indicated in the Contract Documents; or • Type 2 - Unknown physical conditions of unusual nature that differ materially from those ordinarily encountered and generally recognized as inherent in the Work provided for in the Contract. The party discovering such a condition shall promptly notify the other party, in writing, of the specific differing conditi ons before they are disturbed and before the affected Work is performed. The Contractor shall not continue Work in the affected area until the Engineer has inspected such condition according to 00195.30 to determine whether an adjustment to Contract Amoun t or Contract Time is required. Payment adjustments due to differing Project Site conditions, if any, will be made according to 00195.30. Contract Time adjustments, if any, will be made according to 00180.80.
00140.50 Environmental Pollution Changes - ORS 279C.525 will apply to any increases in the
scope of the Work required as a result of environmental or natural resources laws enacted or amended after the submission of Bids for the Contract. The Contractor shall comply with the applicable notice and other requirements of ORS 279C.525. The applicable rights and remedies of that statute will also apply. In addition to ORS 279C.525, the Agency has compiled a list at 00170.01 of those federal, State, and local agencies, of which the Agency has knowledge, that have enacted ordinances, rules, or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of Agency contracts.
00140.60 Extra W ork - If directed by the Engineer's written order, the Contractor shall perform work
not included in the Contract. The Contractor shall perform this work according to: • Standard Specifications • Other Plans and Specifications issued by the Engineer Payment for Extra Work will be made according to Section 00196. Contract Time adjustments, if any, will be made according to 00180.80.
00140.65 Disputed Work - The Contractor may dispute any part of a Change Order , written order,
or an oral order from the Engineer by the procedures specified in Section 00199.
00140.70 Cost Reduction Proposals - The Contractor may submit written proposals to the Engineer
that modify Plans, Specifi cations, or other Contract Documents for the sole purpose of reducing the total cost of construction. Unless otherwise agreed to in writing by the Agency, a proposal that is solely or primarily a proposal to reduce estimated quantities or delete Work, as determined by the Engineer, is not eligible for consideration as a cost reduction proposal and will instead be addressed under 00140.30, whether proposed or suggested by the Agency or the Contractor.
a.Proposal Requirements - The Agency will not adopt a cost reduction proposal that impairs essential functions or characteristics of the Project , including , but not limited to, service life, 00140.70 34 economy of operation, ease of maintenance, designed appearance, or design and safety standards. To conserve time and funds, the Contractor may first submit a written request for a feasibility review by the Engineer. The request should contain a description of the proposal together with a rough estimate of anticipated dollar and time savings. The Engineer will, within a reasonable time, advise the Contractor in writing whether or not the proposal would be considered by the Agency, should the Contractor elect to submit a detailed cost reduction proposal. A detailed cost reduction proposal shall include without limitation the following information: • A description of existing Contract requirements for performing the Work and the proposed change; • The Contract items of Work affected by the proposed change, including any quantity variation caused by the proposed change; • Pay I tems affected by the proposed change including any quantity variations; • A detailed cost estimate for performing the Work under the existing Contract and under the proposed change. Cost estimates shall be made according to Section 00197. Costs of re-design, which are incurred after the Agency has accepted the proposal, shall be included in the cost of proposed work; and • A date by which the Engineer must accept the proposal in order to accept the proposed change without impacting the Contract Time or cost r eduction amount.
b.Continuing to Perform Work - The Contractor shall continue to perform the Work according to Contract requirements until the Engineer issues a Change Order incorporating the cost reduction proposal. If the Engineer fails to issue a Change Order by the date specified in the proposal, the proposal shall be deemed rejected.
c.Consideration of Proposal - The Engineer is not obligated to consider any cost reduction proposal. The Agency will not be liable to the Contractor for failure to accept or act upon any cost reduction proposal submitted. The Engineer will determine in its sole discretion whether to accept a cost reduction proposal as well as the estimated net savings in construction costs from the adoption of all or any part of the proposal. In determining the estimated net savings, the Engineer may disregard the Schedule of Items. The Engineer will establish prices that represent a fair measure of the value of Work to be performed or to be deleted as a result of the c ost reduction proposal.
d.Sharing Investigation Costs - As a condition for considering a Contractor's cost reduction proposal, the Agency reserves the right to require the Contractor to share in the Agency's costs of investigating the proposal. If the Agency exercises this right, the Contractor shall provide written acceptance of the condition to the Engineer. Such acceptance will authorize the Agency to deduct its share of investigation costs from payments due or that may become due to the Contractor under the Contract.
e.Acceptance of Proposal Requirements - If the Contractor's cost reduction proposal is accepted in whole or in part, acceptance will be made by a Change Order that will include without limitation the following: • Statement that the Change Order is made according to 00140.70; • Revised Contract Documents that reflect all modifications necessary to implement the approved cost reduction measures; • Any conditions to which the Agency's approval is subject; 00140.90 35 • Estimated net savings in construction costs attributable to the approved cost reduction measures; and • A payment provision according to which the Contractor will be paid 50% of the estimated net savings amount as full and adequate consideration for performance of the Work of the Change Order . The Contractor's cost of preparing the cost reduction proposal and the Agency's costs of investigating the proposal, including any portion paid by the Contractor, will be excluded from determination of the estimated net savings in construction costs. C osts of re -design, which are incurred after the Agency has accepted the proposal, will be included in the cost of the Work attributable to cost reduction measures. If the Agency accepts the cost reduction proposal, the Change Order that authorizes the cos t reduction measures will also address any Contract Time adjustment.
f.Right to General Use - Once submitted, the cost reduction proposal becomes the property of the Agency. The Agency reserves the right to adopt the cost reduction proposal for general use without additional compensation to the Contractor when it determines that a proposal is suitable for application to other contracts.
00140.80 Use of Publicly Owned Equipment - The Contractor is prohibited from using
publicly -owned Equipment except in the case of emergency. In an emergency, the Contractor may rent publicly -owned Equipment provided that: • The Engineer provides written approval that states that such rental is in the public interest; and • Rental does not increase the Project cost.
00140.90 Final Trimming and Cleanup - Before Final Inspection as described in 00150.90, the
Contractor shall neatly trim and finish the Project and remove all remaining unincorporated Materials and debris. Final trimming and cleanup shall include without lim itation the following: • The Contractor shall retrim and reshape earthwork, and shall repair deteriorated portions of the Project Site. • Where the Work has impacted existing facilities or devices, the Contractor shall restore or replace those facilities to t heir pre-existing condition. • The Contractor shall clean all drainage facilities and sanitary sewers of excess Materials or debris resulting from the Work. • The Contractor shall clean up and leave in a neat, orderly condition, Rights-of-Way, Materials sites, and other property occupied in connection with performance of the Work. • The Contractor shall remove temporary buildings, construction plants, forms, falsework and scaffolding, surplus and discarded Materials, and rubbish. • The Contractor shall dispose of Materials and debris, including, without limitation, forms, falsework, scaffolding, and rubbish resulting from clearing, grubbing, trimming, clean-up, removal, and other Work. These Materials and debris become the property of the Contractor. The Contractor shall dispose of these Materials and debris immediately. Unless the Contract specifically provides for payment for this item, the Agency will make no separate or additional payment for final trimming and cleanup. 00150.00
Scope of Work in other states
Get an email when 00140 changes
Oregon revises spec sections through supplementals and new editions. We check this one every week and email you the day it changes. Free, no account.
Source: Oregon Standard Specifications for Construction, 2024 Edition. Pages 98–101 of 1,268. View official source ↗