Division 100 — Section 104
100-28 Section 104 — Scope of Work
104.1 Intent of Contract 1 The intent of the Contract is to provide for the construction and completion of the work described and contemplated. Furnish all materials, labor, equipment, tools, supplies, transportation, services, and fuel required to complete the work according to the terms of the Contract. 104.2 Alteration of Plans or Character of Work 104.2.1 General 1 The Department reserves the right, at any time, to increase or decrease the quantities and alterations to the Plans or character of the work including, but not limited to, alterations in the grade or alignment of the roadway or structure(s) or both, as may be found necessary or desirable by the Department. Such alterations are neither a waiver of any conditions of the Contract nor a release of the Surety. Treat altered work as if it were part of the original Contract. 2 When alterations are made in Plans, or within the Contract provisions, and such alterations result in leaving the Contractor, either on hand or in transit, with materials that were ordered before the notice of the alterations being given to the Contractor, the Department may take over the surplus materials and pay the Contractor the actual cost of these materials including transportation, but in no case will the Contractor be paid for anticipated profits. The Contractor is responsible for the surplus mater ials until delivered to a point designated by the RCE. The Department will not assume responsibility for any materials purchased in advance of the apparent need for such materials or assume responsibility for losses by the Contractor for furnishing an exc ess of materials, except where the excess is the result of alterations of the Plans that the Contractor could not reasonably foresee . 3 Do not begin work until a Change Order is executed or a Force Account Work Order is issued for the affected work. Revised Contract unit prices are applicable only to that portion of the work created because of the changed conditions. 4 The above provisions do not apply to any remaining materials due to changes in substructures (i.e., end bents, interior bents) caused by foundation conditions varying from those assumed or shown. 104.2.2 Significant Changes in the Character of Work 1 If the alterations or changes in quantities significantly change the character of the work under the C ontract, whether such alterations or changes are in themselves significant changes to the character of the work or, by affecting other work , cause the other work to become significantly different in character, an