104.01 21 SECTION 104 – SCOPE OF WORK
104.01 Intent of Contract ................................ ................................ ........... 21
104.02 Changes in Plans or in Character of Construction ......................... 21
104.03 Contract Change Notification ................................ ........................ 23
104.04 Maintenance of Traffic ................................ ................................ ... 25
104.05 Maintenance During Construction ................................ ................. 27
104.06 Movement of Heavy Equipment ................................ .................... 27
104.07 Operation of Earthmoving and Hauling Equipment ....................... 27
104.08 Dust Control ................................ ................................ ................... 28
104.09 Rights in and Use of Materials Found on the Work ....................... 28
104.10 Final Cleanup ................................ ................................ ................. 29
104.11 Value Engineering Change Proposal (VECP) ................................ 29
104.01 Intent of Contract
It is the intent of the Contract to provide for the construction and completion of the Work in accordance with the Plans, Specifications, and all other Contract documents.
104.02 Changes in Plans or in Character of Construction
The Department reserves the right to make changes to the Work at any time including alterations in the Plans, increases or decreases in quantities, Extra Work, or eliminated items. Such changes shall not invalidate the Contract nor release the Surety. The Contractor agrees to perform the Work as altered, the same as if it had been a part of the original Contract. Under no circumstances shall changes in the Plans or in the character of the Work involve work beyond the termini of the proposed construction except as may be necessary to satisfactorily complete the Project.
A.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 104.02 22 Contract, are encountered at the site, promptly notify the Engineer in writing of the specific differing conditions in accordance with 104.03 before the site is disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the condit ions, and if it is 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, the Engineer will make an appropriate Contract adjustment, excluding loss of anticipated profits, in accordance with 108.07 and 109.04 and the Contract modified in writing accordingly. The Department will not allow Contract adjustments under this Subsection for any portion of the Work unaffected by differing site conditions.
B.Suspensions of Work Ordered By the Engineer If the performance of all or any portion of the Work is suspended or delayed by the Engineer in writing 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 compensation and time is due as a result of such suspension or delay, the Contractor shall notify the Engineer in writing and provide information in accordance with 104.03. If the Engineer agrees that the cost or time required for the performance of any work under the Contract has increas ed as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any tier, and not caused by weather, the Engineer will make appropriate Contract adjustments in accordance with 108.06 and 109.04. No Contract adjustment will be allowed under this Subsection to the extent 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 this Contract.
C.Significant Changes in the Character of Work The term “significant change” will apply only to the following circumstances: 104.03 23 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 a Major Item is increased or decreased by more than 25% of the original estimated Contract quantity. Adjustments shall apply only to that portion in excess of 125% of original Contract quantity, or in case of a decrease, to the actual quantity performed. If the Contractor believes there to be a significant change in the character of work, notify the Engineer in writing and provide information in accordance with 104.03. If the alterations or changes in quantities significantly change the character of Work, the Department will make appropriate Contract adjustments , excluding loss of anticipated profits, in accordance with 108.06 and 109.04 as applicable.
D.Extra Work When necessary or desirable to complete the Contract, the Engineer may direct the Contractor to perform work not provided for in the Contract, but essential to the satisfactory completion of the Work within the intended scope. The Department will pay for Extra Work in accordance with 109.04 and will determine additional time in accordance with 108.07.
E.Eliminated Items The Department may partially or completely eliminate Contract items and will reimburse the Contractor only for those costs in accordance with
109.05 incurred before the Contractor’s receipt of written notification of
the elimination.
104.03 Contract Chang e Notification
It is the responsibility of the Contractor to provide reasonable written notice when conditions are believed to require a change to the Contract. The Department will only consider requests for changes to the Contract when the Contractor mee ts the notification procedures specified in this Subsection.
A.Written Notification by Contractor Provide immediate writt en notification to the Engineer upon discovering a condition that may require a change to the Contract. Provide the 104.03 24 following information, in writing, within fourteen (14) calendar days of notification:
1.A description of the condition, including the time and date first identified, and the location, if appropriate.
2.An explanation of why the condition represents a change to the Contract, with references made to 104.02 and other pertinent portions of the Contract.
3.A statement of all changes considered necessary to the Contract price(s), deli very schedule(s), phasing, and time. Because of its preliminary nature, the Department recognizes that this information may rely on estimates. After notifying the Engineer, continue to perform the Work under the Contract including the work subject to the condition, and maintain records of actual labor, equipment, and materials used in accordance with 109.04.
B.Written Acknowledgement by Engineer The Engineer will provide written acknowledgement of the Contractor’s written notice within five (5) calendar days .
C.Written Response by Engineer The Engineer will provide a written response within fourteen (14) calendar days of receiving the Contractors writt en notice that includes one of the following:
1.confirmation that a change is necessary in accordance with 104.02, and direction on how the Work will proceed.
2.A denial of the request for a change, which will include references to the Contract as to why the condition does not represent a change.
3.A request for additional information stating the specific information needed and the date by which it must be received. The Department will respond to the additional information provided w ithin fourteen
14.calendar days. 104.04 25 When a change is necessary, the Engineer will make appropriate adjustments to the Contract price and time, if warranted, in accordance with 108.07, 109.04, 109.05.A, and 109.06. If the Contractor disagrees with the Engineer’s decision or does not agree with the Contract adjustments, the Contractor may pursue the issue as a claim in accordance with 105.16.
104.04 Maintenance of Traffic
Unless otherwise provided, keep all roadways and access for vehicular travel open to all traffic while under construction. Maintain all traffic control features over the se ction of road under construction in accordance with the MUTCD and with 712 of these Specifications . Where indicated on the Plans, bypass the traffic over approved detour routes. Keep the portions of the Project being used by the public, whether it is through or local traffic, in such condition that traffic is adequately and safely accommodate d. The Department will change the traffic control plan when necessary to maintain safety or reduce traffic congestion. Construct and maintain in a safe condition temporary approaches or crossings and intersections with trails, roads, streets, businesses, parking lo ts, railroads, residences, garages, and farms. Provide for mowing or other vegetation removal to ensure safe sight distance at intersections. Do not use median crossovers on controlled access routes for construction traffic, except in areas, approved by the Engineer, where traffic control devices allow for the safe movement of construction traffic. The Department will pay for materials used at the direction of the Engineer to construct and maintain approaches, crossings, intersections, and other features at Contract unit prices unless the Contractor is responsible for the damage. Maintenance of traffic control features, mowing, and pothole patching (cold mix) are incidental to the work and the responsibility of the Contractor. Except in emergencies, lane closures are not permitted on any State routes without the explicit consent of the Engineer. On projects where work is required in traffic lane(s) or where a lane closure is necessary for public safety, submit a request to the Department at least seven (7 ) working days prior to the date of the anticipated lane closure(s). If all lanes in one or both directions on an interstate route are to be closed for any length of time, submit a request at least fourteen (14) calendar days before the anticipated event. All requests for lane closure(s) must list the exact location, the time that the closure will begin, the estimated duration of the closure, and reasons for the proposed lane closure. Unless otherwise stated in the Contr act, the 104.04 26 Department will assess liquidated damages of $1000 per hour per lane for roadways greater than 25,000 ADT and $500 per hour per lane for areas less than 25,000 ADT for any closure that exceeds the approved lane closure duration. If a holiday fall s on Saturday or Sunday, do not close lanes or restrict traffic from the preceding Friday at 6 am to the following Monday at 6 am. Do not close lanes or restrict traffic on the following days without the Engineer’s written consent: • Easter: After 6:00 pm o n the Thursday preceding Good Friday through and including Easter Sunday • Memorial Day: After 12:00 noon on the preceding Friday through Memorial Day • Independence Day: The observed holiday and up to two preceding or following week days plus weekend days ei ther preceding or following the holiday. • Labor Da y: After 12:00 noon on the preceding Friday through Labor Day • Thanksgiving: After 12:00 noon on Wednesday before Thanksgiving through Sunday following Thanksgiving • Christmas/New Year’s Day: December 24 th rough January 1 and any preceding and/or following days that fall on a weekend The Engineer will allow off -road work on the above days only to the extent that no impact will be caused to the highway users. The Department will assess a $5,000 penalty again st subsequent Contractor payment estimates for each violation of this rule. The Department will maintain all public highways, roads and streets that are designated on the Plans as detours, but not designated as “Haul Roads” . During any written suspension of Work, make passable and open to traffic portions of the Project and temporary roadways as may be directed by the Engineer for the temporary accommodation of traffic during the anticipated period of suspension. Maintain tem porary routes or lines of travel until the 104.05 27 Engineer orders by written notification the resumption of construction operations. When work is resumed, replace or renew any work or materials lost or damaged because of such temporary use of the Project. Remov e, to the extent directed by the Engineer, any work or materials used in the temporary maintenance, and complete the Project in every respect as though its prosecution had been continuous. The Department will pay for materials used for maintenance and res toration of the Work when directed by the Engineer, at Contract unit prices.
104.05 Maintenance During Construction
Maintain the Work during construction and until the Project, or section(s) thereof, is accepted in accordance with 105.13. Continuously maintain the Work with adequate equipment and forces so that the roadway or structures are kept in satisfactory condition at all times. When placing a new course upon a previously construct ed course or subgrade, maintain the previous course or subgrade during all construction operations. Provide litter pickup, mowing, and vegetation removal throughout the life of the Project in accordance with 806. The costs f or maintenance work during construction and before the Project is accepted will not be paid separately, but is incidental to the cost of the Work.
104.06 Movement of Heavy Equipment
The Contractor’s attention is called to the a pplication of local, State, and Federal regulations governing construction work. Various municipalities as well as the Department require a permit for moving heavy equipment. The Contractor is responsible for applying for and procuring such permits, when required, from the appropriate municipal officials and the Department of Transportation.
104.07 Operation of Earthmoving and Hauling Equipment
When operating earthmoving equipment or hauling equipment on or across city streets or public roads, obtain specific written permission for such operations from the appropriate officials and deliver a copy of such permission to the Engineer prior to commencement of such operations. Keep the affected streets or public roads reasonab ly free of loose earth and debris during movement of equipment , and thoroughly clean the affected streets or roads at the end of each day they have been used. 104.08 28 Provide flagging services in accordance with 712.04 as directed by the Engineer at locations where earthmoving equipment crosses or enters a city street or public road. Repair damage to city streets, public roads, and adjacent property as directed by the Engineer at no additional cost to the Department. The cost of cleaning city streets or public roads, of any required flagging of city streets or public roads, and of any repairs to city streets, public roads, or adjacent property will not be paid separately, but is incidental to the cost of the Work.
104.08 Dust Control
Take all available precautions to control dust. If the Engineer judges dust to be a problem, control the dust by sprinkling, by applying calcium chloride, or by other methods as directed. Payment for dust control is incidental to applicable Contract items and will be full compensation for the work required to control dust. No additional compensation will be allowed for delays caused by necessary dust control operations.
104.09 Rights in and Use of Materials Found on the Work
Use stone, gravel, sand, or other material determined suitable by the Engineer, as may be found in the excavation for the Project. The Department will pay for the excavated materials at the corresponding bid pri ce for the excavated material. Replace excavated material used for embankments, backfills, or approaches with other material acceptable to the Engineer at no additional cost to the Department. No charge for the materials so used will be made against the Contractor. Do not excavate or remove any material from within the right -of-way that is not within the grading limits, as indicated by the slope and grade lines, without the Engineer’s written authorization. The material from any existing stru ctures, water lines, sewers, utilities, and similar features, which are required to be removed in the course of construction, shall become the property of the Contractor to use or dispose of in accordance with the applicable statutes or regulations governi ng such materials, unless otherwise shown on the Plans. Commercial grade coal found in the excavation for the Project shall become the property of the Contractor and shall be removed from the Project or shall be disposed of in a sui table waste site as approved by the Engineer. Replace all coal found in the excavation with an equivalent amount of acceptable 104.10 29 material at no cost to the Department when needed for construction of the Project.
104.10 Final Cleanup
Before final acceptance of the Work, clean the entire right -of-way, all material pits, all waste areas, all areas and access roads used by the Contractor, all streams affected by the Work, and all ground occupied by the Contractor, in connection with the Wor k. Remove all forms, false work and temporary structures, temporary erosion control measures, excess materials, equipment, rubbish, and waste. Leave all parts of the Work in a neat and presentable condition. Stabilize the entire right -of-way, all materi al pits, all waste areas, all areas and access roads used by the Contractor according to the TN NPDES Construction General Permit criteria or the agreed upon Reclamation Plan. Mow the right -of-way as required for final cleanup. If the Project was graded under a previous contract, perform final cleanup within the construction limits of the current work being performed and other areas disturbed or otherwise requiring cleanup due to the Contractor’s operations. Do not deposit rubbish, waste, or debris on or in sight of the right - of-way. Replace and repair all damage to private and public property in accordance with 107.14.
104.11 Value Engineering Change Proposal (VECP)
The Contractor ma y request a modification to the Plans, the Specifications, or other Contract requirements based on a Value Engineering Change Proposal (VECP) submitted to the Department specifying a cost reduction change. This will not apply to a proposal unless it is id entified as a VECP at the time of its submittal. VECP are those proposals that would require a change in the Contract and would result in an immediate net savings to the Department without impairing the essential functions and characteristics of the Projec t, including but not limited to, any warranties, service life, reliability, economy of operation, and maintenance and safety features. The Department will not normally consider VECPs that propose a total savings of less than $25,000 unless there are other non-monetary savings to be realized. The Contractor may submit for review a “VECP Concept” provided that it contains enough information to clearly define the work involved and the benefits to be realized. Provide all applicable design criteria that will be used in the VECP design. Written notification by the Department that the review has been completed and that the VECP Concept appears to be favorable 104.11 30 merely indicates that the engineering and plan development may continue for submittal of the VECP and i s not authorization to begin any construction work contemplated by the VECP. Should the final design not reflect the expected benefits, the Department may reject the VECP Concept and the VECP without recourse by the Contractor. Submit the following inform ation to the Engineer as a minimum, with each VECP, allowing adequate time for Department analysis and processing without interference with project schedules:
1.A description of the difference between the existing Contract requirements and the proposed change, and the comparative advantages and disadvantages of each including cost and time savings.
2.An itemized list of the Contract changes required if the VECP is accepted, and any recommendation as to how to make each such change.
3.A separat e detailed cost estimate for:
a.the affected portions of the existing Contract requirements, and
b.the VECP.
4.A prediction of the effects the proposed change will have on other Department costs, such as costs of maintenance and operation.
5.A stateme nt of the time by which a Change Order must be issued in order to obtain the proposed cost reduction for the Project, noting the effect on the Contract completion time or delivery schedule.
6.The date(s) of known previous or concurrent submissions of the same VECP and previous actions by the Department.
7.The Contract items affected by the proposed change, including the associated quantity changes. The Department may determine at any point during the evaluation process that the VECP is not cost effective and reject the VECP without recourse by the Contractor. 104.11 31 While a VECP is being considered by the Department, continue to perform the Work in accordance with the requirements of the Contract. The Department shall not be liable for failure to accept or act u pon any VECP within the proposed time for review and processing or for any delays to the Work due to the submitted VECP. The Department will be the sole judge of the acceptance or rejection of a VECP, either wholly or in part. If an agreement has not bee n reached by the date that the Contractor’ s VECP specifies that a decision should be made, or such other date as the Contractor may have specified in writing, the VECP shall be deemed rejected. The Contractor shall have no claim against the Department for additional costs or delays resulting from the rejection of a VECP, including but not limited to, VECP Concept or VECP acceptance, engineering and development costs, loss of anticipated profits, and increased material or labor costs. The Department will not normally consider a VECP that would require any changes in pavement design, right -of-way, relocation of bridges, or any changes that would require modification of the approved environmental documents for the project. Right-of-way cannot be purchased as p art of a VECP. The Department will not accept a VECP that is similar to a change in the Plans or Specifications under consideration by the Department for the Project at the time the VECP is submitted; nor will the Department accept a VECP based upon, or s imilar to, Standard Specifications, general use Special Provisions or Standard Drawings adopted by the Department after the advertisement for the Contract. VECP savings will only be applied to the specific Contract under which they are proposed. The Depa rtment reserves the right to make such changes without compensation to the Contractor in accordance with 104.02. The Department will determine the estimated net savings from the adoption of all or any part of the VECP. In deter mining the estimated net savings, the Department may disregard the Contract bid prices if, in its judgment, such prices do not represent a fair measure of the value of the work to be performed or to be deleted. If the Department accepts the VECP, the Contr actor grants to the Department all rights to adoption of the VECP for general use on other contracts without obligation or compensation of any kind. Acceptance of a VECP will be by Change Order incorporating the changes necessary to allow the VECP, or any part of it, to be put into effect. The 104.11 32 Change Order will also set forth the estimated net savings to the Department and further provide that the Contractor be paid 50% of the actual net savings. The cost to develop, design, and implement the VECP, includ ing redesign by a Tennessee -licensed engineer, preparation of new reproducible plans, and any other information requested by the Department to facilitate its review, is incidental to the Contractor and will not be reimbursed as part of the VECP net savings payment. The cost to the Department to review the VECP is incidental to the Department and will not affect the VECP payment. The Department will determine the actual net savings when the work in the VECP and Change Order is completed. If upon completion of the work proposed in the VECP, the Department determines that the Change Order did not adequately address a change in quantities for other pay items that were either increased or decreased substantially as a result of the VECP, those additional costs or savings will be included in the actual net savings determinatio n. The Department will make a single payment to the Contractor representing 50 % of the actual net savings once all items are considered. If the completed VECP results in an increas e in cost such that there is no net savings, the Department will reimburse those costs above the original Contract amount reflected in the VECP and Change Order at a rate of 50 %. The preparation of the VECP, its acceptance and performance of the work shall not extend the Contract completion time unless the Change Order provides for an extension. 105.01 33 SECTION 105 – CONTROL OF WORK
105.01 Authority of the Engineer ................................ .............................. 33
105.02 Plans and Working Drawings ................................ ......................... 34
105.03 Conformity with Plans and Specifications ................................ ..... 36
105.04 Coordination of Plans and Specifications ................................ ...... 37
105.05 Duties of Contractor ................................ ................................ ....... 38
105.06 Planning of the Operations -Preconstruction Conference ............... 39
105.07 Cooperation with Utilities, Railroads, and Pipelines ..................... 40
105.08 Cooperation between Contractors ................................ .................. 42
105.09 Construction Stakes, Lines, and Grades ................................ ......... 42
105.10 Authority and Duties of Inspectors ................................ ................ 46
105.11 Inspection of Work ................................ ................................ ........ 47
105.12 Removal of Unacceptable and Unauthorized Work ....................... 48
105.13 Completion of Specific Sections of a Project ................................ . 48
105.14 Opening Sections of a Project to Traffic ................................ ........ 49
105.15 Acceptance ................................ ................................ ..................... 49
105.16 Claims for Adjustment and Disputes ................................ ............. 49
105.17 Alternative Equipment ................................ ................................ ... 55
105.18 Method of Measurement ................................ ................................ 56
105.19 Basis of Payment ................................ ................................ ............ 57
105.01 Authority of the Engineer
The Engineer will have full professional and executive charge of supervision of the Work, and will decide all questions that may arise concerning the following:
1.The quality and acceptability of materials furnished and work performed,
2.The rate of progress of the Work,
3.The quantity of work that has been performed at any given time,
4.All questions that may arise as to the interpretation of the Plans and Specifications,
5.The acceptable fulfillment of the Contract, and
6.Contractor compensation.
Source: Tennessee Standard Specifications for Road and Bridge Construction, 2021 Edition. Pages 30–41 of 1,072.