1-29 SECTION 104 – SCOPE OF WORK
104.01 INTENT OF THE CONTRACT . The intent of the Contract is to provide for the construction and
completion of the work described. The Contractor shall furnish all labor, material s, equipment , tools, transportation, and supplies required to complete the work in accordance with the Contract.
104.02 ALTERATION OF PLANS OR CHARACTER OF WORK . To suit conditions disclosed as the
work progresses, the Engineer may, without notice to the suretie s on the Contractor’s bonds, make alterations in the design, in type of material s, in the quantities or character of the work or material s required, in the cross -sections, in dimensions of structu res, in length of project , in locations, and any other ways deemed appropriate. Alterations will not constitute a change in other parts of the Contract or a waiver of any condition of the Contract and shall not invalidate any of the provisions of the Contr act. Payment for work occasioned by changes or alterations will be made according to Subsection 109.04 and Subsection 109.05 . If the altered or added work is of sufficient magnitude to require additional time in which to complete the project , a time adjustment will be made in accord ance with the demonstrated impact to the critical path caused by the altered work .
104.03 EXTRA WORK . The Contractor shall perform extra or unforeseen work for which there is no
quantity and price included in the Contract according to the Contract or as directed by the Engineer whenever it is deemed necessary or desirable by the Engineer in order to complete the work as contemplated . Payment for extra work will be made pursuant to Subsection 109.06 .
104.04 Maintenance of Traffic .
a.Maintenance of Vehicular and Pedestrian Traffic .
1.All Facilities Safe and Passable . All facilities to be used by the traveling public, including temporary highway s, bridge s, pedestrian facilities , and approaches as necessary to accommodate the vehicular or pedestrian traffic diverted from the facility undergo ing improvements, shall be provided and maintained in a safe and passable condition. All traffic control plan s and devices shall conform to the MUTCD .
2.Service Shall Be Maintained . During working hours, the Contractor shall maintain, at a minimum, alternating one -way vehicular traffic unless otherwise shown on the Plans or directed by the Engineer. Working hours will be limited to the period between sunrise and sunset for daytime o perations and the approved scheduled night shift for night work. 1-30 Wherever one -way vehicular traffic is being maintained by the Contractor, the traveling public shall not be delayed more than 10 minutes per operation or not more than 15 minutes cumulatively for the project. However, two -way traffic shall be re -established during all holiday periods, temporary shutdowns, and any other periods designated by the Engineer , unless otherwise specified in the Contractor’s approved traffic contro l plan . The Contractor shall also provide measures that maintain pedestrian access through the work zones in compliance with the MUTCD , the Public Right s-of-Way Accessibility Guidelines , and the Agency ’s Work Zone Safety & Mobility Policy and Guidance .
3.Detours , Diversions, and Temporary Bridges . Detours necessary for public travel which are not contiguous to the work will be designated by the Agency unless otherwise provided. When contiguous to the work , diversions shall be constructed and maintained by the Contractor and no compensation will be allowed to the Contractor except as provided in the Contract. If the Co ntractor elects to construct a temporary bridge on a diversion contiguous to the work over which vehicular or pedestrian traffic is to be maintained while a culvert or bridge is being constructed, the temporary bridge shall be constructed according to Section 528 . The expense of the construction, maintenance, and removal of a temporary bridge and its approaches, and all incidental work pertaining thereto, will not be paid directly but will be incidental to all other Contract items, unless otherwise provided for in the Contract . The Contractor shall be responsible to the public for the structural adequacy and safety of these structures and approaches. The Contractor shall provide, erect, and maintain all necessary barricades, lights, signs, signals, o ther traffic control devices, and flagger s as required in accordance with the applicable subsection s.
4.Winter Maintenance on Active Projects . The condition of highway and pedestrian facilit ies on active project s shall be maintained such that snowplowing, sanding, and salting may occur without unduly burdening the properly designated entity from performing such tasks. If the condition of the highway , temporary highway , sidewalk s, detour s, or bridge s, are such that ordinary winter maintenance activities cannot occur, the Contractor shall assume the responsibility to perform winter maintenance. The costs for snowplowing, sanding, and salting shall be considered incidental to the appropriate traffic control items.
5.Winter Maintenance on Closed P rojects . When a project is closed down for the winter season, the Contractor shall leave the project in a satisfactory condition for the traveling public and in a condition suitable for normal and satisfactory winter maintenance. The full depth of subbase shall be placed over portions of the road under construction and used by the traveling public unless otherwise shown on the Plans or directed by the Engineer. 1-31 During the period that the project is officially closed down for the winter season, the state, a political subdivision thereof, or other properly d esignated entity will assume responsibility for snowplowing, salting, and sanding. This shall not relieve the Contractor of any other responsibilities regarding public convenience and safety as specified in this section , from the liabilities as specified i n Section 107 , or as specified elsewhere in the Contract. If unsatisfactory travel conditions or ruts develop in the traveled way or other construction defects or conditions dangerous to the traveling public develop, whether arising from the execution or non -execution of the work , the Contractor may be directed to return to the construction work site and carry out necessary measures to satisfactorily remedy the situation. The cost for said work will be included as part of the cost of the items in the Contract, with no additional payment. If the Contractor fails to carry out the measures to satisfactorily remedy the situation immediat ely, the Engineer may cause the work to be performed and deduct the cost from any monies due or to become due to the Contractor. If the closing of a project is due to the Contractor’s inability to complete the Contract before the Contract completion date , the Contractor shall bear all costs associated with making the project acceptable to the Engineer for winter shut down.
6.Closed Projects; Temporary Traffic Control Measures . When a project is closed down for the winter season or for any other reason, the Contractor shall erect and maintain temporary guardrail, guide posts, barricades, warning signs, and other traffic control devices throughout the length of the project as shown on the traffic control plan or as directed by the Engineer. These temporary installations shall conform to requirements for the permanent items , except that approved, used material may be substituted . Temporary installations shall be removed when the Engineer indicates they are no longer required. The installation, maintenance and removal of temporary guardrail, guide posts, barricades, warning signs, and other traffic control devices will not be paid for directly, but will b e incidental to all other items in the Contract.
7.Closed Projects; Guardrail . When any course of permanent pavement is placed prior to suspension of work for the winter season, permanent, rather than temporary, guardrail shall be installed in accordance with the Contract. No payments will be made for adjustments to these permanent installations in order to accomplish work when construction resumes in the spring.
8.Suspension of Work; Contractor ’s Responsibility . If, regardless of the cause, constructio n is suspended on the project before the completion, acceptance, and termination of the Contractor’s responsibility as defined under Subsection 108.15 , the Contractor shall take precautions against injury or damage to the work and shall repair and/or replace any damaged work as specified under Subsection 107.1 7. 1-32 (9) Traffic Control Devices . All traffic control devices shall be presented to the Engineer for approval prior to placement on the project . At no time will traffic con trol devices that do not have the specified retro reflectiv e sheeting or are dirty, damaged, or unacceptable to the Engineer be placed or remain on the project . All traffic control devices, including , but not limited to , signs, pavement markings, pavement m arking removals, temporary traffic barrier, barricades, reflectorized plastic drums, cones, flashing arrow boards, and detour s shall conform to the MUTCD , shall be installed to the satisfaction of the Engineer, and shall be functioning prior to the beginni ng of field work .
10.Reflectorized Sheeting; Cleaning; Costs . All reflectorized sheeting on the project shall be cleaned on a biweekly basis unless more frequent cleaning is directed by the Engineer. The cost of this work will not be paid for directly but will be incidental to all other Contract items.
11.Traffic Control Devices During Construction; Costs . Costs involved in covering, uncovering, and otherwise adjusting the signing and traffic control devices during const ruction to conform to the changing requirements of traffic flow around and through various operations will not be paid for directly, but will be incidental to all other Contract items.
12.Suspension of Work; Treatment of Signing; Costs . Costs involved i n covering or removing signs at the beginning of a suspension of work , including winter shutdown, and in uncovering or re -installing the signs at the end of a suspension of work will not be paid for directly, but will be incidental to all other Contract items. Such signing adjustments shall be performed as directed by the Engineer.
b.Maintenance And Protection of Rail road Traffic and Infrastructure .
1.General Requirements . Operating Railroad traffic shall be maintained at all times with safety and continuity, and the Contractor shall be responsible for conducting all operations on, over, or under the railroad right -of-way fully within the rules, regulations, and requirements of the Agency and the Operating Railroad. The Contractor shall cooperate with and allow the Operating Railroad or its agents free and full access to the project during construction along with all materials and equipment necessary in order that their authorized employees or agents may do any and all railroad work, inspection, flagging, and watching. 1-33 The Contractor shall perform its work in such a manner that the tracks, traffic, and appurtenances of the Operating Railroad shall be safeguarded. The Contractor shall comply with the requirements of the Operating Railroad relative to the Contractor’s work on or adjacent to the railroad and shall make all efforts to prevent fouling of the tracks. The Contract or must anticipate unscheduled trains.
2.Railroad Clearances and Fouling . In the construction of any staging, falsework or forms, the Contractor shall not foul the tracks and shall coordinate with the Engineer.
3.Contractor Equipment and Materials . The Contra ctor shall maintain its equipment so as to prevent any failure that would cause delay in the operation of trains or damage to railroad facilities. Materials and equipment belonging to the Contractor shall not be stored or operated within the fo ul zone of the tracks without first obtaining permission from the Operating Railroad. The Agency and/or the Operating Railroad will not be liable for damage to such material s and equipment from any cause. The Contractor shall keep the tracks and the site adjacent to the tracks clear of all refuse and debris and shall leave the property in the condition existing before the start of construction operation s.
4.Railroad Safety Personnel . The Contractor shall consult with the Operating Railroad to determine the type of protection required to ensure the safety and continuity of Operating Railroad traffic incidental to the particular methods of operation and equipment to be used in the work . Any construction inspectors, track foremen or track watchmen, signalmen, or other employees deemed necessary for protective services by the Operating Railroad, or its authorized representative , to ensure the safety of trains contingent upon the Contracto r's operations, shall be obtained from the Operating Railroad by the Contractor. The providing of such precautionary measures or protective services shall not relieve the Contractor from liability for payment of damages caused by the Contractor’s operation s. Refer to Subsection 107. 09(b) and Section 632 for information on railroad flaggers.
5.Damage to the Railroad . During the execution of the Contract, if the trains, tracks , or other facilities of the Operating Railroad are endangered, the Contractor shall immediately restore safe conditions. If the Contractor fails to make conditions safe, the Agency may take whatever steps necessary to restore safe conditions. All costs of restoring safe conditions or any damage to tra ins, tracks , or other facilities due to the Contractor's operations shall be the sole responsibility of the Contractor. 1-34 (6) Fouling of Ballast . In performing construction operation s, the Contractor shall prevent the fouling of railroad track ballast wi th earth , mud, silt, or other foreign matter. To prevent fouling of the ballast, it may be necessary for the Contractor to construct temporary erosion control measures or sheeting or provide other precautionary measures. The Contractor shall take prevent ive measures to protect the entire ballast section to the satisfaction of the Engineer. The protective measure shall remain in place until there is no further possibility of fouling the ballast and then shall be removed by the Contractor. In the event that the railroad track ballast does become fouled after the protective measures are taken, the Contractor shall remove and replace the fouled ballast with clean ballast. All costs of restoring the ballast to the satisfaction of the Engineer shall be the sole responsibility of the Contractor.
7.Existing Signage . All existing signs, markers, and other informational indicators associated with the Agency or the Operating Railroad that are removed by the Contractor shall be preserved. All signs shall be in place prior to the operation of any trains as directed by the Engineer. All costs associated with installing or re-installing signs prior to train operations to the satisfaction of the Engineer shall be the sole responsibility of the Contractor.
104.05 REMOVAL AND DISPOSAL OF STRUCTURES AND OBSTRUCTIONS . The Contractor
shall remove any existing structure, parts of structure, or other obstructions which interfere in any way with the new work or which is shown on the Plans to be removed. Unless otherwise specified , all salvageable material being removed shall become the property of the Contractor and shall be disposed of and/or recycled in compliance with all applicable federal, state, and local laws and regulations. Salvage generated by utilit y relocation shall remain the property of the applicable utilit y.
104.06 Use of Materials Found In The Project Limits .
a.General . With the written approval of the Engineer the Contractor may use stone, gravel, sand, or other material s found in the excavation for other work items for the project provided the material s meet the requirements of the Contract. The Contractor will be paid for the removal of such material s used for the project at the proper Contract unit price for items of excavation. The Contractor shall not exca vate or remove any material that is not within the slope and grade lines of an excavation as shown on the Plans without written authorization from the Engineer. If the Engineer allows over -excavation for the use of the Contractor, the Contractor shall comp ensate the state for the quantity of material removed, and the replacement of material , if necessary, shall be done at no additional cost to the Agency and shall conform to the requirements of embankment construction as specified in the Contract. Over-excavation, if allowed by the Engineer, shall only occur within the state’s right -of-way. 1-35 (b) Quantities . Whenever any material , except Granular Borrow , is removed from an excavation and used in the construction of other items in the Contract, the tota l quantity measured for payment of these items shall be multiplied by 1.15, and the resulting quantity deducted from the total quantity of the Contract item Earth Borrow. If the final quantity of Earth Borrow is zero, no deductions will be made for materia l used for other items. Whenever material meeting the requirements for Granular Borrow is taken from an excavation on the project and used for Contract item Granular Borrow, its removal and use shall be paid for by single payment under the appropriate excavation item in Section 203 .
104.07 Final Cleanup Following Completion of The Project .
a.Cleanup of Project . Upon completion of the work , before acceptance, and before final payment will be made, the Contractor shall satisfactorily and completely clean and remove from the right - of-way and grounds occupied by the Contractor in connection with the work all equipment , falsework, surplus and discarded material s, rubbish, temporary structures, buildings, tools, lumber, refuse, and other debris .
b.Restoration of Property . The Contractor shall restore in an acceptable manner satisfactory to the Engineer all property, both public or private, which has been damaged during the prosecution of the work ; replace or renew any fe nces damaged; leave the waterways unobstructed; and leave the work area in a neat and presentable condition throughout the entire length of the work .
c.Drainage Structures and Ditches . The removal and disposal of silt, debris, and other material from drainage structures and ditches, deposited during construction under the Contract, shall be accomplished prior to acceptance of the Contract as ordered by the Engineer.
d.Closure of Material Supply and Disposal Areas . Material supply and disposal areas shal l be closed in accordance with Subsection 105. 27.
e.Costs . Costs involved with final cleanup following completion of the project will either be paid for under specific pay item s or be incidental to all other Contract items.
104.08 Differing Site Conditions .
a.Discovery and Notification . 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 generall y recognized as inherent in the work provided for in the Contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and bef ore the affected work is performed. 1-36 (b) Investigation and Adjustment . Upon written notification, the Engineer will investigate the conditions , and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or t ime required for the performance of any work under the Contract, an adjustment, excluding anticipated profits, will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the determination of whether or not an adjustment of the Contract is warranted.
c.No Adjustment Unless Notice Submitted . No Contract adjustment that results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.
d.No Adjustment for Unc hanged Work . No Contract adjustment will be allowed under this subsection for any effects caused on unchanged work . 1-37 SECTION 105 – CONTROL OF THE WORK
105.01 Role of The Engineer .
a.General . The Engineer will decide all questions which arise concerning the quality and acceptability of materials furnished, the manner of performance of the work, the rate of progress of the work, and compliance with the requirements of the Contract. The Engineer will decide all questions concerning interpretation of the Contract.
b.Quant ities, Orders, Disputes, Rejection of Materials or Work, Suspension of Work . The Engineer will determine the amount and quantity of the work performed and materials furnished that are to be paid for under the Contract. The Engineer will have the authority to enforce and make effective decisions and orders the Contractor fails to carry out promptly. In case of any dispute arising between the Contractor and the Engineer as to materials furnished or the manner of performing the work, the Engineer has the autho rity to reject the materials or to suspend the work until the dispute is decided by the Chief Engineer. The Engineer is not authorized to revoke, alter, enlarge, relax, or release any requirements of the Contract. The Engineer has the authority to suspend the work or withhold payment of all estimates due to the Contractor when necessary to secure proper compliance with the Contract.
c.Performance of Work by the Engineer ; Setoff . If the Contractor fails to perform work ordered by the Engineer, the Engineer may, upon written notice, proceed to perform the work as deemed necessary. The cost of performing the work will be deducted from any monies due or which may become due the Contractor under the Contract.
d.Advice by the Engineer . Advice given to the Cont ractor by the Engineer shall not be construed as binding the Agency in any way or releasing the Contractor from any obligations under the Contract.
105.02 AUTHORITY AND DUTIES OF THE ENGINEER . As the direct representative of the Chief
Engineer, the Engineer on a project has immediate charge of the engineering details of the project and is responsible for the administration and satisfactory completion of the projects. The Engineer has the authority to reject defective material, to suspend any work that is being improperly performed, and to withhold payment until defective work has been corrected. The Engineer also has the authority to suspend work, or specific aspects of the work, if necessary to address a concern for safety of the workers or traveling public, or a serious environmental concern or violation. Notwithstanding any other provision of law, case law, regulation, or the Contract, no additional compensation shall be provided for any work suspensions of this sort.
Source: Vermont Standard Specifications for Construction, 2024 Edition. Pages 45–52 of 1,380.