104SCOPE OF WORK

104.01INTENT OF PLANS AND SPECIFICATIONS —The intent of the plans and specifications is to

prescribe a complete project undertaken according to the contract. Therefore, according to the contract, furnish material, equipment, tools, labor, and incidental work complete in place, unless otherwise provided, and be responsible for the complete supervision, performance, and completion of the work.

104.02ALTERATION OF DRAWINGS OR WORK —The Department reserves the right to order, at any

time during the progress of the work, increases or decreases in quantities and alterations in the construction drawings or specifications, including alterations in the grade or alignment of the road or st ructures. Any such order will be in writing by the Representative. Also, should any item contained in the proposal and contract be found unnecessary for the proper completion of the work, a written order will be given to eliminate such item from the contract. Such increases, decreases, eliminations, and/or alterations will not invalidate the contract, nor release the surety. If the aforementioned changes in quantities or alterations of the construction drawings will significantly increase or decrease the cost of performing the work directly affected, perform such work only when authorized in writing, as specified in Section 110.03(a). Payment for such work will be made under Section 110.03. With the exception of advance warning signs, detour signs, work zone traffic control devices, and other items specified in the contract, perform no work beyond the limits of the project, except as authorized in writing by the Deputy Secretary for Highway Administration. When an item of work is eliminated, reimbursement of actual expenses will be made as specified in Section 110.03(d). If the aforementioned changes in the quantities or alterations of the drawings are of such magnitude as to require a change in the time to complete the project, a time adjustment will be made as specified in Section 108.06.

104.03EXTRA WORK—Anticipate that extra work might be necessary in order to complete the project as

contemplated. Perform extra work according to the specifications and only when authorized in writing, as specified in Section 110.03. Compensation will be made as specified in Section 110.03.

104.04VALUE ENGINEERING—Value engineering applies to cost reduction proposals that are initiated,

developed, and submitted to the Department for modifying the plans, the specifications, or other contract requirements. These provisions do not apply to a proposal unless it is identified as a value engineering proposal at the time it is submitted. The Department is not required to accept or act upon submitted value engineering proposals. Value engineering proposals are those that would require a change in the contract and would result in either no cost increase or a net cost savings to the Department. They are initiated by the Contractor who proposes to provide the function of an improved product or service at the same cost or a lower cost, and to accomplish the original purpose of the project without impairing essential functions and characteristics. Submit the following minimum information through the PennDOT Project Collaboration Center’s (PPCC) Value Engineering-Concept workflow with each conceptual value engineering proposal, allowing enough time for Department investigation and implementation without interfering with the project schedule .

• Conceptual value engineering summary which includes contract information; narrative description of the conceptual value engineering proposal; estimated net cost savings , including one-half of the engineering and development costs ; adjustments to existing contract items ; any additional items or materials with cost justification; and estimated contract time savings if applicable,

• Conceptual plan drawings,

• If the conceptual value engineering proposal includes design changes, provide supporting technical design criteria,

• If the conceptual value engineering proposal w ould result in an estimated contract time savings, include a revised project schedule illustrating the impacts of the proposal, and

• If the conceptual value engineering proposal requires the ordering of materials, provide documentation from the suppliers of lead time to order and justification of the material cost.

When preparing the estimate of the net savings in construction costs that will result from the adoption of the proposal, the cost estimate and supporting analysis must include:

• A life-cycle cost comparison between the original contract requirements versus the proposed value engineering modifications, including any increase in future maintenance or operational costs. The life- cycle period is determined by the design life of the contract requirement that is modified by the value engineering proposal.

• One-half of the engineering and development costs incurred may also be included.

The Department reserves the right to make the changes, without compensation, if a value engineering proposal is based upon, or similar to, standard specifications, standard special provisions, or 27Tstandard drawings27T adopted before the award date for the contract. The Department will review the acceptability of a value engineering proposal and the estimated net cost savings to be realized from adoption of all or any part of the proposal. In evaluating the estimated net cost savings, the Department may disregard the contract bid prices if, in the judgment of the Department, such prices do not represent a fair measure of the value of the work to be performed or to be deleted. Within 14 calendar days after receipt of the required minimum information, as specified he rein, the Department will review and provide notification of its acceptance or rejection of the conceptual value engineering proposal. If the conceptual value engineering proposal is accepted in whole or in part, such acceptance will be by accepting the submission in PPCC . If the acceptance of the Department is conditional, the conditions will be noted in the comment section of the PPCC approval . Conceptual approval does not imply Department approval of detailed construction value engineering proposal. Set up a project meeting within 2 weeks of receiving conceptual acceptance including all applicable parties involved to determine the necessary steps in developing, submitting, and reviewing the detailed value engineering proposal. Provide a record of the meeting. Provide meeting minutes to the Representative for review within 7 calendar days after the meeting. After the project meeting, submit a detailed value engineering proposal to the Department for review and acceptance through PPCC’s value engineering-Detailed Proposal workflow . Before implementing any changes into the project, obtain acceptance by the District either as a whole , in part, or conditionally as outlined in the District’s acceptance in PPCC. Include the following with the detailed value engineering proposal:

• A narrative description of the difference between the existing contract requirements and the proposed change, with the comparative advantages and disadvantages of each,

• An itemized list of the contract requirements which are to be changed if the proposal is adopted, with a recommendation for making each change,

• If the detailed value engineering proposal includes design changes, provide revised plan drawings and design computations signed and sealed by a Professional Engineer, registered in the Commonwealth of Pennsylvania,

• A detailed estimate of the net savings in construction costs that will result from the adoption of the proposal. Include estimated costs the Department will incur for consultant review of the proposal if applicable,

• A prediction of any effects the proposed change will have on other Department costs, such as maintenance and operations, and rehabilitation,

• A statement of the deadline for adopting the change in order to obtain maximum cost reduction during the remainder of the contract, noting any effect on the Required Completion Date or any specified Milestone Date(s) and any other schedule impacts, and

• The contract items of work affected by the proposed change, including quantity changes and extra work items to be established, including prices and back-up data.

Continue to perform the work according to the requirements of the contract until the Department processes a work authorization incorporating the value engineering proposal, into the project. Acceptance and/or preparation of the value engineering proposal and performance of the work will not extend the Required Completion Date and/or any specified Milestone Date(s) unless a request for an adjustment is submitted, as specified in Section 108.03(b), and accepted by the Representative. Construction acceleration will not be allowed as part of any value engineering proposal. No contract adjustment as specified in Section 110.02(d) will be allowed for changes in quantities of original contract items affected by the acceptance of the value engineering proposal. If the value engineering proposal results in contract time savings, the time saved due to the implementation of the value engineering proposal will be shared evenly between the contractor and the Department. A time reduction with or without Milestone adjustments for half of the saved time will be submitted by the Department. The Department reserves the right to adopt all, or any part, of a value engineering proposal for general use on other contracts. Value engineering proposals that are either identical or similar to previously submitted proposals, will be eligible for consideration and compensation under the provisions of this section if the previously submitted proposals were not adopted for general application to other contracts administered by the Department. Compensation for the Contractor’s share of the actual net cost savings associated with a value engineering proposal will be as specified in Section 110.07.

104.05CLEANING OF PROJECT SITE—Remove silt and other deposits from newly constructed culverts,

inlet, outlet and parallel ditches, bridges, and other drainage structures, including stream channels. Clean and remove surplus and discarded material, equipment, and temporary structures from the project and adjacent properties, including waste and borrow areas. Remove deb ris and objectionable material from areas used or disturbed by the construction operations on, or within sight of, the highway. Remove paint marks or spills, stains, rust marks, oil, or any other unsuitable marks, as directed. Restore waste and borrow areas, as specified in Section 105.14. Maintain the vegetation within the constructed slope limits, including waste and borrow areas, and leave the project in a presentable condition. The project will not be considered complete until the above work has been completed.

104.06DISPOSAL OF EXISTING HIGHWAY STRUCTURES AND MATERIAL WITHIN THE PROJECT—

Satisfactorily remove and dispose of all existing highway structures and material which are not to remain in place or to be used in the new construction. Unless otherwise directed, dispose of these structures and material off the project site. However, if indicated, the Department will retain drainage pipes, drainage grates or castings, guide rail posts, guide rail, bridges not under the authority of the Department, and/or porti ons of Department bridges. Such structures on all other highways become the property of the local authorities having jurisdiction. If the local authorities do not want to retain any portion or portions of structures or material under their jurisdiction, then remove and dispose of them off the project site.

Code 271. If construction and demolition waste is segregated at the generation site to be re -used, then it could be considered clean fill. As a clean fill the direct use of the segregated material would not need to be permitted as specified in 25 Pa Code 271.101(b)(3). However, any further processing (e.g. grinding, treating, or mixing) of the construction and demolition waste will require a waste management permit. The impoundment on the generation site of the concrete slurry must meet 25 Pa Code 285, 285.123 Impoundments. Do not spread, discharge, store, or treat slurry within 50 feet of storm drains, water filled ditches or surface waters. The DEP Clean Water Program will not need to be involved unless there will be an impact to the waters of the Commonwealth, such as through an overflow over a spillway.

The beneficial use on the generation site (e.g. dust control) of any decanted water (also a waste) pumped from the impoundment will need to be approved by DEP or the County Conservation District (CCD) if DEP delegated authority to the CCD, to ensure that t he characteristics of the waste material when used is not harmful to the environment or public health and safety. If the waste is not approved to be beneficially used, then it must be properly disposed at a site permitted to properly treat and/or dispose of the waste. If a DEP permit is required, after consultation with the District, prepare and submit a proposed Slurry Management Plan for approval to DEP or to the CCD if DEP has delegated authority to the CCD. Additionally, submit a copy of the Slurry Management Plan to the Department through the PPCC upon submission to DEP or CCD for information and tracking purposes. If a DEP permit is not required, prepare and submit the Slurry Management Plan to the Department through the PPCC for approval. Do not begin operations or allow the discharge of untreated slurry without an approved Slurry Management Plan. Preparation of this slurry management plan, construction and restoration of the evaporation basins and removal and disposal of slurry are incidental to the construction item creating the slurry. The Slurry Management Plan will include the following:

methods for slurry management, a site map for the project, and a list of permits required for Slurry Management Plan (e.g., NPDES, Beneficial Use Permit, Erosion and Sedimentation Control Plan approval, etc.)

the project.

contractor, the following examples are provided: Allowing the water to evaporate, re-using the water in the grinding operation, disposing of the water via sanitary sewer (provide proper permits), hauling the water to a treatment facility (provide the name of the treating facility), approved quarry waste site, or other commercially useful application.

are up to contractor, the following examples are provided: evaporation basins, using solids as a component in recycled aggregate, or other commercially useful application. Evaporation basins must meet requirements specified below and any area used for an evaporation basin must be in accordance with Section 105.14.

corrective actions before proceeding:

• Rain during operations results in discharge of slurry into buffer areas,

• Equipment fails to contain or remove slurry,

• Defined QC requirements are not being followed,

• Slurry discharge into areas not approved in the Slurry Management Plan,

• Slurry discharge into Waters of the Commonwealth*, or

• A spill occurs*.

Note: *Notify the Department immediately if condition occurs.

basin including the following:

• Ownership and location of the temporary or permanent containment basin(s), including any required permitting.

• Designation of basins as temporary or permanent.

• Number of basins proposed.

• Basin sizing including oversizing to account for rainwater.

• Method used to line the evaporation basin including material type and thickness.

• Plan showing all dimensions of the basin and distances to environmentally sensitive areas such as Waters of the Commonwealth, including jurisdictional wetlands.

• Restoration plan for the evaporation basin area. At a minimum, include fill material, topsoil, seed mixtures, temporary cover, and schedule for restoration.

104.07MAINTENANCE OF EXISTING ROADWAY —The Department reserves the right to enter upon a

project and, at its own expense, maintain the existing roadway. Notwithstanding the performance of such work by the Department, continue to comply with all the provisions specified in Sections 105.13 and 901.

104.08UNEXPECTED HAZARDOUS WASTE—The encountering of hazardous waste will be considered

a differing site condition, as specified in Section 110.02(b), unless the presence of such waste is indicated in the proposal or contract. Hazardous waste is defined as material meeting the definition of a hazardous waste or Toxic Substance Control Act, Regulated PCB Waste, as specified in 40 CFR 260 or 25 PA Code, Chapters 260 to 270, Hazardous Waste Regulations. If unexpected hazardous waste is encountered at the site, the Representative will investigate the conditions, determine the extent of the affected area, and authorize the Contractor, in writing, to remove and dispose of the waste. Payment for such work will be made as specified in Section 110.03. The Contractor will not be required to perform or arrange for any work relating to the removal and disposal of unexpected hazardous waste. If the Contractor elects not to perform authorized waste removal and disposal work, notify the District Executive of that decision, in writing, within 2 working days of receipt of the Representative’s written authorization. Cooperate fully with the Department and any authorized remediation Contractor, as specified in Section 105.07.

104.09UNEXPECTED RESIDUAL OR MUNICIPAL WASTE —The encountering of materials that do not

meet the definition of Clean Fill under the Pennsylvania Department of Environmental Protection (DEP) “Management of Fill Policy” will be considered a differing site condition, as specified in Section 110.02(b), unless the presence of such material is indicated in the bid documents. The determination of whether waste material is Residual Waste or Municipal Waste will be made in accordance with the DEP “Management of Fill Policy”, applicable DEP Regulations, and the requirements of Publication 281. If unexpected Residual or Municipal Waste is encountered at the site, the Representative, working with the Contractor, will investigate the conditions, determine the extent of the affected area, and develop and execute a mitigation plan. If deemed necessar y, the Contractor will be authorized, in writing, to dispose of the material as Residual Waste or Municipal Waste, as appropriate. Payment for such work will be made as specified in Section 110.03.