SECTION 104 — SCOPE OF WORK — SCOPE OF WORK
104.01 Intent of Contract.
The intent of the Contract is to provide for the construction and completion of the Work. The Contractor shall furnish all labor, material, equipment, transportation, supplies, services, incidentals, and other resources required to complete the Work. Omissions from the Contract of details of Work that are necessary to carry out the intent of the Contract shall not relieve the Contractor from performing the omitted Work.
104.02 Contract Revisions.
a.General. The Engineer reserves the right to revise the Contract at any time. These revisions do not invalidate the Contract nor release the Surety and the Contractor from performing the Work as amended or as directed by the Engineer. The State shall pay for the revised Work at the Contract unit bid prices unless the cost of production or character of the Work is materially changed, in which case the Contractor shall be paid according to 109.04. Lost or anticipated lost profits resulting from a Contract revision are not compensable. Revisions that result in requests for time extensions shall be determined according to 108.07. When changes are time sensitive, the Engineer may issue written orders to proceed with the Work, and such written orders shall be implemented as if a change.
b.C auses for Change. The following issues may result in a Contract change: • Differing Site Conditions • Alterations in the Plans or Details • Extra Work for which there is no item of work in the Proposal • Suspension of the work for any reason • Significant changes in the character of the work
c.Change Request. The State will only consider requests for Contract revisions when the Contractor meets the notification procedures in 104.02(d). If the Engineer determines that a Contract revision requested by the Contractor is not necessary, the Contractor shall proceed with the Work as directed by the Engineer and may seek redress under 105.19. The Contractor shall maintain records of the additional resources that resulted from the conditions. The record keeping shall start upon receipt of initial written notice by the Engineer.
d.C ontractor Notification Requirements. The Engineer will consider requests for Contract changes only when the Contractor submits documentation in the Department approved format and follows the notification procedures in this. ● Initial Written Notice of Change by Contractor. If the Contractor believes that the State’s action, or lack thereof, or some other situation results in or necessitates a Contract revision, the Contractor shall provide written notification to the Engineer within two Working Days from discovery of the condition that may warrant a change to the Contract. The Notice shall contain the time and date that the issue was discovered, the nature of the issue, and its location.
Part 100 — General Requirements and Covenants August 2025
SECTION 104 — SCOPE OF WORK 100-33 ● Additional Contractor Submission. If the Engineer and Contractor are unable to resolve the issue after two Working Days from the initial notification, the Engineer will provide a written denial of the request for Contract revisions, at which time the Contractor shall augment the original written notice with the following information for submission to the Engineer within five Working Days of the receipt of the Engineer’s written denial: ○ A clear explanation of why the situation represents a change to the Contract, including accurate references to the pertinent portions of the Contract ○ All potential adjustments to pay items that have been or may be affected by the change, condition, or event ○ Labor or materials that will be added, deleted, or wasted by the change, condition, or event ○ Existing or anticipated delays and disruptions in Contract performance, schedule, or sequences ● Written Response by Engineer. Within 10 Working Days of receiving the Contractor’s augmented submission in the previous bullet, unless the Contractor agrees to a longer time, the Engineer will provide a written response that includes one of the following: ○ Confirmation of the need for a revision to the Contract. A time extension, if one is necessary, will be determined according to 108.07. Compensation for the revision, if any is necessary, will be determined according to 109.04. The Engineer will give direction to the Contractor regarding how to proceed with Work affected by the revision. ○ Denial of the request for a revision to the Contract, in which case the Engineer will state why the issue does not represent a revision to the Contract. Upon receipt of such a denial, the Contractor shall continue with all Work that may have been halted due to the circumstances for which the Contractor provided notice. ○ A request for additional information, in which case the Engineer will identify what is needed and by when. The Engineer will issue a response within 10 working days of receiving the additional information. Any Contract adjustments will exclude increased costs or time extensions resulting from the Contractor’s failure to provide the requested information. ● Failure to Provide Notice. If the Contractor fails to provide notice as specified under this, the Contractor waives its entitlement to compensation or time and releases the State from responsibility for compensation or time upon the occurrence of any condition resulting in a Contract Change under 104.02(c). ● Contractor’s Recourse. If the Contractor disagrees with the Engineer’s final written response, the Contractor may pursue a claim according to 105.19. Failure to provide notice under this waives the Contractor’s entitlement to compensation or a time extension and releases the State from responsibility for compensation or time under any related claims brought under 105.19.
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100-34 SECTION 104 — SCOPE OF WORK
104.03 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 notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected Work is performed. Notification procedures shall be followed according to 104.02(d). The State will not pay additional compensation or allow for additional Contract time without written notice before initiation of the affected Work according to 104.02(d). Upon written notification, the Engineer will investigate the conditions and respond according to the third bullet in 104.02(d). If the Contractor disagrees with this determination, it may initiate a claim according to Subsection
105.19 but shall proceed with the Work as directed by the Engineer.
104.04 Alterations In The Plans Or Details.
The Plans or details are subject to change and may result in an increase, reduction, or elimination of any Contract Item. Unless otherwise provided for under 104.07, the Contractor shall perform the Work as specified for the original unaltered quantities, and the State will pay for the Work as specified in 109.03. The Engineer may find it necessary to decrease or eliminate Contract Items that involve prefabricated materials that are not considered stock commercial items. If fabrication of these materials was started or completed before the Contractor is advised of the decrease in quantity or elimination of the items in question, the State will either: • Direct the Contractor to retain ownership of the material and upon verification reimburse the Contractor for the cost of the material and its fabrication, less its salvage value; or • Direct the Contractor to deliver the fabricated material to the Project and placed in the custody of the Engineer to be paid according to 109.06.
104.05 Extra Work.
The Contractor shall perform Extra Work when ordered by the Engineer according to the Specifications and as directed in writing. The State will compensate the Contractor for the Extra Work according to 109.04. Time extensions, if warranted, will be determined according to 108.07.
104.06 Suspension of Work Ordered By The Engineer.
If the Engineer suspends all or any portion of the Work for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry), and the Contractor believes that additional compensation, Contract time, or both is due because of the suspension, the Contractor shall submit a request for adjustment to the Engineer upon receipt of the notice to resume Work according to 104.02(d). Upon receipt, the Engineer will evaluate the Contractor’s request. If the Engineer agrees that the cost and/or time required for Contract performance has increased because of the suspension, the
Part 100 — General Requirements and Covenants August 2025
SECTION 104 — SCOPE OF WORK 100-35 Engineer will make an adjustment to cost, time, or both if 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. No Contract adjustment will be allowed under this clause if that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of the Contract.
104.07 Significant Changes In The Character of The Work.
The Engineer reserves the right to make, in writing, at any time during the Work such changes in quantities and alterations in the Work as necessary to satisfactorily complete the Project. The Contractor will be compensated according to 109.03 and/or 109.04 for significant changes in the character of the Work. Otherwise, the Contractor will be paid as provided elsewhere in the Contract at the original unit price. Time extensions, if warranted, will be determined according to 108.07. These changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the Work as altered. If the parties disagree on whether an alteration constitutes a significant change, the Contractor shall notify the St ate according to 104.02(d). The term “significant change” applies only to the following circumstances: • The character of the altered Work differs materially from that involved or included in the original Contract. • The total quantity of a Major Contract Item of Work, as defined elsewhere in the Contract, is increased or decreased by more than 25 percent of the original Contract quantity. An adjustment to the price shall apply only to that portion of the quantity exceeding 25 percent higher or lower of the original Contract quantity.
104.08 Maintenance of Traffic.
Except as otherwise permitted by the Contract, the Contractor shall keep roads open to traffic at all times during the Project. The Contractor shall implement all approved detour routes according to the Contract. Alternative detours proposed by the Contr actor shall require submission of proposed detour plans according to 105.02 and the TMP and shall require written approval from each local city/town within which the proposed detour route will be implemented.
a.The Contractor shall maintain all portions of the Project that are open to traffic to safely and adequately accommodate traffic and take all necessary precautions for the protection of the work and the safety of the public. The Contractor shall furnish, erect, and maintain all temporary traffic control devices according to the latest edition of the MUTCD. The signs and other temporary traffic control devices shown on the Plans are minimum requirements. The Contractor shall supplement the Plans if necessary to ensure the safety of traffic. Existing traffic control devices that are inconsistent with the intended traffic travel paths and/or with restrictions on the Project roads shall be covered or removed. All temporary traffic control devices shall be in place before starting Work at a particular location. Temporary traffic control devices shall be removed or covered when they are no longer applicable to traffic.
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b.The Contractor shall obtain all necessary permits, approvals, and licenses concerning haul routes and traffic detours and for complying with the ordinances, rules, and regulations of each local city/town within which haul routes and traffic detours pass, all at no additional expense to the State.
c.The Contractor shall bear all expense of maintaining traffic affected by the Project, including all traffic within Project limits, along detour routes, and associated with utility work at no additional cost to the State, except as provided below: ● During any suspension of the Work, the Contractor shall open those sections of the Project to traffic, including temporary roadways or as otherwise mutually agreed to by the Contractor and the Engineer, to temporarily accommodate traffic during the suspension. If the reason for the suspension is beyond the control and/or without fault of the Contractor, the Contractor will be paid for this maintenance of traffic on the basis of prevailing unit prices or according to 104.05. ● If the Engineer directs maintenance of traffic operations that are not included within the original Contract, the Contractor will be paid for this maintenance of traffic on the basis of prevailing unit prices or according to 104.05.
d.The Contractor’s TMP Implementation Manager and all other Contractor and Subcontractor personnel responsible for the setup, operation, maintenance, inspection, movement, and/or breakdown of temporary traffic control devices shall be trained according to the Department’s “ Training Guidelines for Personnel Responsible for Work Zone Safety & Mobility” and shall possess a valid certificate of satisfactory completion of the training. Training shall be at a level appropriate to the individual’s job responsibilities and to the job decisions the individual is required to make and shall be completed before the commencement of Work.
104.09 Maintenance of Public Access.
Except as otherwise permitted by the Contract, the Contractor shall maintain existing streets, highways, roads, sidewalks, driveways, and private walks within the Project limits open to traffic. The Contractor shall also provide and maintain in a safe and passable condition all temporary roadways, sidewalks, approaches, crossings, and intersections with trails, roads, streets, businesses, parking lots, residences, garages, farms, and other features as may be necessary, at no additional cost to the State and as directed by the Engineer in writing. When the Work affects pedestrian traffic, the Contractor shall be responsible for the development, implementation, and maintenance of an ADA - and MUTCD -compliant temporary pedestrian access route (TPAR). Temporary traffic control devices for each TPAR shall be in place and operational before affecting and/or restricting pedestrian traffic. With respect to maintaining public access in the locations described in the preceding paragraph, snow removal is not required by the Contractor unless ordered by the Engineer in writing, which will be paid for according to 104.05. Snow removal for areas outside of the locations described in the preceding paragraph shall be the responsibility of the Contractor at no additional cost to the State.
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SECTION 104 — SCOPE OF WORK 100-37
104.10 Rights In and Use of Materials Found On The Project.
With the prior written approval of the Engineer, the Contractor may use excavated materials within the grading limits as indicated by the slope and grade lines such as stone, gravel, or sand that is acceptable for completing other bid items of Work. The State will pay for the excavation of these materials at the corresponding Contract unit price and under the pay item for which the material is used. The Contractor shall replace excavated material used for completing other bid items of Work with acceptable material at no cost to the State. The Contractor shall not excavate or remove any material from within the highway right -of-way that is outside the grading limits as indicated by the slope and grade lines without prior written approval from the Engineer.
104.11 Final Clean-Up.
Before its submission of the Notice of Substantial Completion, the Contractor shall clean all areas impacted by the Work of rubbish, excess materials, temporary structures, and excess equipment. Before any inspections performed after the Notice of Substantial Completion, the Contractor shall clean and remove all concrete streaks, washout areas, drippings, paint smears and drippings, rust stains, oil, grease, asphalt materials, dirt, and other foreign materials on or in any structure, curb, gutter, median or gore marker due to its operation. The cost of final clean-up shall be incidental to the work and no separate payment shall be made to the Contractor. The Contractor shall remove its equipment, materials, and any other obstacles from the Project Right-of-Way and from property adjacent to the Project site that is not owned or controlled by the Contractor within 30 days after completion of the Punch List.
104.12 Railway-Highway Provisions.
If the Contract requires materials to be hauled across railroad tracks, the State will arrange with the railway company for new crossings or for the use of any existing crossings. If the Contractor elects to use crossings other than those specified in the Contract, the Contractor shall obtain written approval from the railway company and shall bear all costs and Contract delays relating with such crossings, including installation, drainage, maintenance, insurance, watchman service, flagging protection, rem oval of such crossings, and other services required by the railway company. The Contractor is responsible for executing a Temporary Permit to Enter Agreement with the railroad company before performing any Work within the railroad right-of-way and shall provide a copy of the executed agreement to the Engineer and obtain all insurance required according to the Permit to Enter Agreement. The Contractor shall comply with all requirements of the temporary permit from the railway company.
104.13 Construction Over Or Adjacent To Navigable Waters.
Work over, on, or adjacent to navigable waters shall be conducted so that free navigation of the waterways will not be interfered with and that the existing navigable depths will not be impaired, except as allowed by permit issued by the US Coast Guard or the US Army Corps of Engineers, as applicable.
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104.14 Contractor’S Responsibility for The Work.
The Contractor is responsible for protecting all Work from injury or damage until Final Acceptance. The Contractor shall rebuild, repair, restore, and make good all losses, injuries, or damages to any portion of the Work under the control of the Contractor at no additional cost to the State before Final Acceptance. Rebuilding, repairing, and restoring damage to the Work not under the control of the Contractor, including but are not limited to damage caused by Acts of Nature, such as an earthquake, lightning strikes, tidal wave, tornado, hurricane, or other cataclysmic phenomenon of nature or acts of the public enemy or of governmental authorities will be paid for under 104.05. For suspension of Work from any cause, the Contractor shall remain responsible for maintaining and preventing damage to the Work, provide for normal drainage, and erect necessary temporary structures, signs, or other facilities. During the suspension period, the Contractor shall maintain all newly established plantings, seeding, and sodding and shall protect new tree growth and other designated vegetative growth against injury. All costs associated with the Work described in this shall be borne by the Contractor, unless otherwise provided under Subsections 104.08, and 109.04.
104.15 Environmental Protection.
General. The Contractor shall c omply with all Federal, State, and local laws and regulations that control and prevent pollution and the protection of the land, waters, groundwater, air, wildlife, and other environmental resources of the State. The Contractor shall read, become familiar with, and adhere to all environmental permits and approvals, agreements, mitigation plans, and standard BMPs controlling pollution and protection of the environment. The Contractor shall be responsible for ensuring that all employees, and all employees of each Subcontractor, are familiar with, adhere to, and comply with this Section. No Contract provisions release the Contractor from any responsibility or requirement under any environmental or other laws. The absence of any direct references to any environmental laws or regulations in the Contract does not release the Contractor from its responsibility, requirement, and obligation to comply with the environmental laws. Do not initiate any work requiring permits, authorizations, approvals, or notifications until the appropriate regulatory agency has issued the applicable permit, authorization, approval, or notification. The Contractor shall adequately protect catch basins and inlets to prevent any asphalt materials from entering. The Contractor shall make provisions to capture and legally dispose of all concrete and flushing water after equipment clean-out. When an Environmental Monitor (EM) is specified, the EM must have sufficient experience and knowledge of environmental regulations and permitting. The EM shall assist the Contractor with environmental compliance and shall report non- compliance. The EM shall be responsible for providing the Construction Manager and the appropriate regulatory authorities with all environmental reports, as required.
Part 100 — General Requirements and Covenants August 2025
SECTION 104 — SCOPE OF WORK 100-39 If the Contractor initiates a change that differs from the permitted design or any construction method that alters the permitted impacts, the Contractor shall obtain a new or revised permit(s) and shall be responsible for any associated schedule impacts and additional costs associated with the permit change. Pay all fines and penalties assessed against the State as a result of the Contractor’s non- compliance with any Contract requirement pertaining to the protection of the environment and indemnify, defend, and hold harmless the State from any enforcement actions by Federal, State, or local regulatory authorities according to SECTION 107. The State may deduct the fines and/or penalties assessed against the State from monies due the Contractor. Failure to comply with the provisions of this and the applicable permits and approvals will result in a Failure to Comply charge under SECTION 110 and will be deducted from monies due the Contractor. The State may deduct the costs incurred for corrective actions necessary for compliance with any laws and Contract provisions pertaining to the protection of the environment. The Engineer will determi ne whether multiple violations exist and, if so, the charge will be deducted per each violation. The charge f or each violation will be deducted in addition to any penalties, fines, or corrective actions resulting from regulatory agency enforcement actions. Protection of Aquatic Resources, Wild and Scenic Rivers, Waters of the State, Navigable Waters of the US, and Waters of the US, including Wetlands. The Contractor shall adhere to the requirements of all State, Local, and Federal laws and regulations controlling impacts and pollution to Waters of the State, Navigable Waters of the US, and Waters of the US, including wetlands. The Contractor shall adhere to all agreements, mitigation plans, permits, and standard best management practices for environmental practice. The Contractor must be aware of conditions that are incorporated by reference (for example, NEPA Project Commitments and standard conditions in Programmatic Agreements). Regardless of permitting, the Contractor must always follow the requirements of SECTIONS 206 through 212 and SECTION 214. Except where allowed by the Contract or by permit, do not: • Discharge pollutants to waters of the State, including dewatering of contaminated soils • Blast underwater or produce excessive harmful sound in the water • Use water jetting • Release petroleum products, concrete washout, bitumen, slurries, chemicals, or other harmful materials into the water • Disturb spawning beds • Obstruct stream channels • Cause silting or sedimentation of waters of the State or waters of the US • Use treated timbers within the regulated work area • Impede fish passage, including intermittent streams
Part 100 — General Requirements and Covenants August 2025
100-40 SECTION 104 — SCOPE OF WORK • Allow equipment to enter or work in or on the water • Dump debris in water • Place fill in waters or wetlands • Interfere with navigable waterways or impacting existing navigable depths. • Conduct an activity within a Wild and Scenic Rivers Watershed (16 USC 1271, et. sq.) Protection of Wildlife and Wildlife Habitat.
a.Migratory Bird Treaty Act (16 USC 703 -712), Bald and Golden Eagle Protection Act (16 USC 668 -686c). This Act protects most species of birds in Rhode Island; the few exceptions include rock pigeons, house sparrows, and European starlings. Except where allowed by the Contract or by permit, do not: ● Disturb or remove active nests containing eggs or dependent young ● Inhibit the capability of adult birds to care for eggs or dependent young ● Do not impact the supporting structure on which an active nest is built ● Destroy unoccupied nests ● Disturb a Bald or Golden Eagle to the point of substantially interfering with normal breeding, feeding, or sheltering behavior ● Alter a previously used Bald or Golden Eagle nest site that will interfere or interrupt normal breeding, feeding, or sheltering habits or causes injury
b.Threatened and Endangered Species Act (ESA) (16 USC 1531 et seq.). Except where allowed by permit, do not: ● Conduct, or attempt to, harass, harm, hunt, shoot, wound, kill, trap, capture, or collect threatened endangered plants or animals. ● Conduct any activity when bats are present in the Project work area. Do not disturb bat colonies. Do not resume work until approved by the RIDOT Environmental Division. Noxious Weed and Invasive Species Control (EO 13112 & 13751). Executive Orders 13112 and 13751 state that a federal agency cannot authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species (plants, plant pests, or noxious weeds) unless all reasonable measures to minimize risk of harm have been analyzed and considered. Therefore, the Contractor shall: • B e familiar with the presence and locations of invasive species on the project.
Part 100 — General Requirements and Covenants August 2025
SECTION 104 — SCOPE OF WORK 100-41 • Wash all equipment before leaving a Project site with invasives. Equipment should be cleaned and contained at the site of infestation in a manner to avoid introduction or spread. • Inspect all construction equipment and remove all attached vegetation and animals before leaving the construction site. • Immediately notify the RIDOT Environmental Division upon discovery of all prohibited aquatic plants, plant pests, or noxious weeds within the Project limits. • Ensure that all borrow material transported to the Project site is free of prohibited aquatic plants, plant pests, noxious weeds, and their reproductive parts. • Monitor the construction, borrow, and staging areas at intervals necessary to prevent noxious weeds from developing viable seed. • Control noxious weeds through hand-pulling or herbicide application. • Comply with the USDA regulations for plant and pest control where applicable to the State of Rhode Island. Contaminated and Hazardous Materials. If material is encountered or exposed that was not previously known or suspected to be contaminated, but which exhibits properties that may indicate the presence of controlled, contaminated, or hazardous material, immediately suspend all operations in the vicinity of the suspected contaminated/hazardous material and notify the Construction Manager and the RIDOT Environmental Division. The presence of barrels, discolored earth, metal, wood, visible fumes or smoke, abnormal odors, or excessively hot earth may indicate the presence of controlled or hazardous material and must be treated with extreme caution. Secure a licensed transporter and disposal facility and ensure that their licensing is valid and current. Collect and secure shipping manifests and disposal slips/bills of ladling for the disposal of all contaminated material and provide the documentation to the Construction Manager.
104.16 Value Engineering Change Proposal.
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 res ult 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 Contract bid prices. VECP(s) shall only be submitted by the Contractor after the Contract is awarded. The Contractor shall have no claim against the State for any delay to the Contract based on the failure to respond within the time indicated in item b or c below in the submittal if additional information is needed to complete the review.
Part 100 — General Requirements and Covenants August 2025
100-42 SECTION 104 — SCOPE OF WORK The Contractor is responsible for the time and costs for preparing and obtaining permitting modifications based upon the VECP. The Department is not responsible for any delays incurred either due to successful or unsuccessful attempts. The Department will not be responsible for additional costs associated with the implementation of the VECP work including, but not limited to, additional traffic control beyond the proposed Contract quantities and different site conditions in areas that were not identified for disturbance until the VECP was implemented.
a.Submittal of VECP – General. VECP(s) that will be considered are those contemplated to produce a savings to the Department without diminishing functions and characteristics of the facility including but not limited to, service life, economy of operation, ease of maintenance, desired appearance, safety, and impacts to the traveling public or the environment during and after construction.
b.S ubmittal 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 review 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: ● A statement that the proposal is submitted as a Conceptual VECP. ● 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 and the environment during and after construction. ● A set of conceptual plans and description of the proposed changes to the Contract requirements. ● An estimate of the anticipated cost savings. ● When a response to the Conceptual VECP by the Department is required. ● Amount of time necessary to develop a Full VECP. ● Date by which a Contract Change Order shall be executed to obtain the maximum benefit from the VECP. ● The effect the VECP will have on the completion dates in the Contract. ● After all Department questions have been answered, the Department will respond to the Contractor within two weeks.
c.Submittal of Full VECP. The following materials and information shall be submitted with each Full VECP:
Part 100 — General Requirements and Covenants August 2025
SECTION 104 — SCOPE OF WORK 100-43 ● A statement that the proposal is submitted as a full VECP. ● 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 and the environment during and after construction. ● A complete set of P lans, Specifications, and calculations, when applicable, showing the proposed revisions relative to the original Contract features and requirements. The State requires a RI Professional Engineer’s stamp and signature on any Engineering changes. ● 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. ● A statement specifying the date by which a Change Order adopting the VECP shall be executed to obtain the maximum cost reduction during the remainder of the Contract. ● A proposed revised Project schedule illustrating the impacts of the VECP on the Contract completion date(s) and any other milestone dates. ● 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 P roject, indicate the date, Contract number, action taken by the Department, and any difference between the VECPs. ● After all Department questions have been answered, the Department will respond to the Contractor within three weeks.
d.Conditions. VECP(s) will be considered only when all of the following conditions are met: ● 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. The Department retains the right to utilize any accepted VECP or part thereof on any other or subsequent P rojects without any obligation to the Contractor. This provision is not intended to deny rights provided by law with respect to patented materials or processes. ● 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. ● VECP(s) will not be considered if equivalent options are already provided in the Contract documents.
Part 100 — General Requirements and Covenants August 2025
100-44 SECTION 104 — SCOPE OF WORK ● 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 that are subsequently incorporated in a VECP, the Department will reject the VECP and require the Contractor to proceed without any obligation to the Contractor. ● The Contractor shall have no claim against the State 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. ● 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 that is not consistent with the Department’s design policies and basic design criteria for the Project. ● 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 quantities and 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. ● The savings generated by the VECP shall be in the sole judgement of the Department sufficient to warrant review and processing. ● 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. ● Additional information needed to evaluate VECP(s), shall be provided in a timely manner. Untimely submittals of additional information could 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, as necessary for the Department to evaluate the VECP. ● Approval or disapproval of a VECP on one Contract does not imply approval or disapproval on another Contract. ● Approval of the Conceptual VECP in no way obligates the Department to approve the full VECP. ● No Work related to a VECP shall be performed under Force Account. Agreed prices shall be determined for all pay items related to the VECP before it is approved. ● VECP(s) that only reduce or eliminate Contract pay items will not be considered.
Part 100 — General Requirements and Covenants August 2025
SECTION 104 — SCOPE OF WORK 100-45 ● 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.
e.Payment. If the VECP is approved, the changes and payment will be authorized with a Change Order. Payment will be made as follows: ● 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. ● 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. ● The cost for development, design, and implementation of the VECP are not eligible for reimbursement. ● The Contractor shall submit VECP(s) for an approved Subcontractor. ● VECP payments are for direct savings or costs. Indirect savings or costs (time, Contract completion date, shift duration, user costs, etc.) will not be included in payment calculations.
Referenced in this section
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Source: Standard Specifications for Road and Bridge Construction (Blue Book), 2022 (Aug 2025 compilation) Edition. Pages 43–56 of 951. View official source ↗