SECTION 104—SCOPE OF WORK
104.01 Intent of Contract
The intent of the Contract is to provide for completion of the Work specified therein in accordance with the Contract for the Contract amount and within the Contract time limit. Further, it is understood that the 104.02 Contractor shall perform the Work under the Contract as an independent contractor and not as an agent of the Department, the Commissioner or the Board.
104.02 Changes in Quantities or Alterations in the Work
a.General The Engineer reserves the right to make, in writing, at any time during the Work, such changes in quantities and such alterations in the work as are necessary to complete the project satisfactorily. Such changes in quantities and alterations shall not invalidate the Contract or release the surety, and the Contractor shall agree to perform the Work as altered. No change alteration or modification in or deviations from the Contract, or the giving by the Department of any extension of time for the perfor- mance of the Contract, or the forbearance on the part of the Department shall release or exonerate in whole or in part either the Contractor or any surety on the obligations of any bond given in connection with the Contract. Neither the Department nor the Contractor shall be under any obligation to notify the surety or sureties of any such alteration, change, extension or forbearance, notice thereof being expressly waived. Any increase in the Contract amount shall automatically result in a corresponding increase in the penal amount of the bonds without notice to or consent from the surety, such notice and consent being hereby waived. Decreases in the Contract amount shall not, however, reduce the penal amount of the bonds unless specifically provided in any change order as authorized in accordance with Section 109.05 decreasing the scope of the work.
b.Significant Changes in the Character of Work The work or changes in quantities, significantly change the character of the work under the Contract, an adjustment, excluding anticipated profits for reduced or eliminated work, may be made to the Contract. The basis for the adjustment shall be agreed upon prior to the performance of the affected Work. If a basis cannot be ag reed upon, an adjustment will be made either for or against the Contrac- tor in such amount as the Engineer may determine to be fair and equitable. The Engineer may, at his option, direct the Contractor to accomplish the change or alteration on a force account basis when the circumstances meet the requirements for force account work under Section 109.05. If the Engineer’ s changes or alterations do not result in a significant change in the character of the Work, the changed or altered work will be paid for at the Contract price for the actual quantities of work performed. The term significant change shall be construed to apply only to the following circumstances:
1.When the character of the Work, as changed or altered, differs materially in kind or nature from that involved or included in the original proposed construction.
2.When the actual quantity of a Major Item of work, as defined elsewhere in the Contract, increases or decreases more than 25 percent of the original Contract quantity. Any adjustment for an increase or decrease in cost due to an increase in quantity of more than 25 percent shall be calculated only on that quantity in excess of 125 percent of the original pay item quantity. Any adjustment for an increase or decrease in cost due to a decrease in quantity to less than 75 percent of the original pay item quantity shall apply to the actual amount of work performed.
3.When the actual quantity of piling increases or decreases more than 25 percent of the original pay item quantity, whether or not such item has been designated as a Major Item. Com- pensation for such increases or decreases shall be the same as for a Major Item of work.
4.When the actual quantity of a Minor Item of work, as defined elsewhere in the Contract, increases more than 200 percent of the original pay item quantity and the amount paid for such item can be demonstrated as not representative of the true cost of the work when considering the applicable unit price.
c.V alue Engineering Proposals The Contractor may submit to the Engineer written Value Engineering Contractor Proposals (VECP) for modifying the plans, Specifications, or other Contract requirements for the purpose of reducing the total cost and/or Contract time without reducing the design capacity or quality of the finished product. If the Department accepts the VECP , the Department and the Contractor will equally divide the net savings or Contract time, or both. When an accepted VECP includes Contract time savings, one-half of such time savings shall be used to reduce the Contract time and the remaining one-half of such time savings shall be used exclusively by the Contractor as extra time. The Contractor shall identify in the SOR, a VECP contractor float activity for each accepted VECP that includes Contract time savings. The VECP extra time may be used by the Contractor to mitigate its delays on the project. Each VECP shall result in a net savings over the Contract cost or Contract time, or both, without impairing essential functions and characteristics of the item(s) or of any other part of the project, including, but not limited to, service life, reliability, economy of operation, ease of maintenance, aesthetics, and safety. At least the following information shall be submitted with each VECP: • Statement that the proposal is submitted as a VECP . • Statement concerning the basis for the VECP benefits to the Department and an itemization of the pay items and requirements affected by the VECP . • Detailed estimate of the cost or Contract time, or both, under the existing Contract and under the VECP . • Proposed specifications and recommendations as to the manner in which the VECP changes are to be accomplished. • Statement as to the time by which a Contract change order adopting the VECP must be issued so as to obtain the maximum cost-effectiveness. The Department will process the VECP in the same manner as prescribed for any other proposal that would necessitate issuance of a change order. The Department may accept a VECP in whole or part by issuing a change order that will identify the VECP on which it is based. The Department will not be liable to the Contractor for failure to accept or act on any VECP submitted pursuant to these requirements or for delays in the work attributable to any VECP . Until a VECP is put into effect by a change order, the Contractor shall remain obligated to the terms and conditions of the existing Con- tract. If an executed change order has not been issued by the date on which the Contractor’ s proposal specifies that a decision should be made or such other date as the Contractor may subsequently have specified in writing, the VECP shall be deemed rejected. 104.02 The change order effecting the necessary modification of the Contract will establish the net savings agreed on, and provide for adjustment of the Contract prices or Contract time, or both. The Contractor shall absorb all costs incurred in preparing a VECP . Costs for reviewing and adminis - tering a VECP will be borne by the Department. The Department may include in the agreement any conditions it deems appropriate for consideration, approval, and implementation of the VECP . The Contractor’ s 50 percent share of the net savings or Contract time, or both, shall constitute full compensation to him for effecting all changes pursuant to the VECP change order. Unless specifically provided for in the change order authorizing the VECP , acceptance of the VECP and performance of the work thereunder will not change the Contract time limit. The Department may adopt a VECP for general use in contracts the Department administers if it determines that the VECP is suitable for application to other contracts. VECPs identical with or similar to previously submitted VECPs will be eligible for consideration and compensation under these provisions if the Department has not previously adopted the VECPs for general application to other contracts the Department administers. When a VECP is adopted for general use, compensation pursuant to these requirements will be applied only to those awarded contracts for which the VECP was submitted prior to the date of adoption of the VECP . Proposed changes in the basic design of a bridge or pavement type or those changes that require different right of way limits will not normally be considered an acceptable VECP . If a VECP is based on or is similar to a change in the plans, Specifications, or Special Provisions the Department has adopted prior to submission of the VECP , the Engineer will not accept the VECP . The Engineer will be the sole judge of the acceptability of a VECP . The requirements herein apply to each VECP initiated, developed, and identified as such by the Contractor at the time of its submission to the Engineer. However, nothing herein shall be construed as requiring the Engineer to approve a VECP . Subject to the provisions herein, the Department or any other public agency shall have the right to use all or part of an accepted VECP without obligation or compensation of any kind to the Contractor. If the Department accepts a VECP , Section 104.02(b) herein, which pertains to the adjustment of Contract unit prices attributable to alterations of Contract quantities, will not apply to the items adjusted or deleted as a result of putting the VECP into effect by a change order.
104.03 Differing Site Conditions
Type I: During the progress of the Work, if subsurface or latent physical conditions differing materially from those indicated in the Contract are encountered at the site, the Contractor shall promptly notify the Engineer in writing of the specific differing conditions before the site is disturbed further and before the affected work is performed. Type II: During the progress of the Work, 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 Contractor shall promptly notify the Engineer in writing of the specific differing conditions before the site is disturbed further and before the affected work is performed. Upon receipt of such written notification, the Engineer will acknowledge receipt and investigate the conditions. If it is determined by the Engineer that the conditions materially differ and cause an increase 104.03
Referenced in this section
Scope of Work in other states
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Source: Road and Bridge Specifications, 2020 Edition. Pages 58–61 of 1,065. View official source ↗