104SCOPE OF WORK

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1-29SECTION 104 – SCOPE OF WORK

104.01INTENT 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, materials, equipment , tools, transportation, and supplies required to complete the work in accordance with the Contract.

104.02ALTERATION OF PLANS OR CHARACTER OF WORK . To suit conditions disclosed as the

work progresses, the Engineer may, without notice to the sureties on the Contractor’s bonds, make alterations in the design, in type of materials, in the quantities or character of the work or materials 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 accordance with the demonstrated impact to the critical path caused by the altered work .

104.03EXTRA 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 .

104.04MAINTENANCE OF TRAFFIC

temporary highways, bridges, pedestrian facilities , and approaches as necessary to accommodate the vehicular or pedestrian traffic diverted from the facility undergoing improvements, shall be provided and maintained in a safe and passable condition. All traffic control plans and devices shall conform to the MUTCD .

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.

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1-30Wherever 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 Rights-of-Way Accessibility Guidelines , and the Agency ’s Work Zone Safety & Mobility Policy and Guidance .

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 flaggers as required in accordance with the applicable subsections.

on active projects 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 , sidewalks, detours, or bridges, 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.

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.

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1-31During 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.

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.

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.

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.

104 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 detours 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 .

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.

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.

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.

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.

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1-33The 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.

the Contractor shall not foul the tracks and shall coordinate with the Engineer.

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 foul 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 materials

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 operations.

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 Contractor'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 operations. Refer to

Subsection 107.09(b) and Section 632 for information on railroad flaggers.

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 trains, tracks, or other facilities due to the Contractor's

operations shall be the sole responsibility of the Contractor.

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fouling of railroad track ballast with 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 preventive 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.

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.

104.05REMOVAL 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 utility relocation shall remain the property of the

applicable utility.

104.06USE OF MATERIALS FOUND IN THE PROJECT LIMITS

other materials found in the excavation for other work items for the project provided the materials

meet the requirements of the Contract.

The Contractor will be paid for the removal of such materials used for the project at the proper

Contract unit price for items of excavation.

The Contractor shall not excavate 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 compensate

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.

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used in the construction of other items in the Contract, the total 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 material 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.

104.07FINAL CLEANUP FOLLOWING COMPLETION OF THE PROJECT

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 materials, rubbish, temporary structures, buildings, tools, lumber,

refuse, and other debris.

Engineer all property, both public or private, which has been damaged during the prosecution of

the work; replace or renew any fences damaged; leave the waterways unobstructed; and leave the

work area in a neat and presentable condition throughout the entire length of the work.

drainage structures and ditches, deposited during construction under the Contract, shall be

accomplished prior to acceptance of the Contract as ordered by the Engineer.

in accordance with Subsection 105.27.

for under specific pay items or be incidental to all other Contract items.

104.08DIFFERING SITE CONDITIONS

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 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 before the affected

work is performed.

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conditions, 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, 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.

Contractor will be allowed unless the Contractor has provided the required written notice.

subsection for any effects caused on unchanged work.

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1-37SECTION 105 – CONTROL OF THE WORK

105.01ROLE OF THE ENGINEER

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.

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.

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.

binding the Agency in any way or releasing the Contractor from any obligations under the Contract.

105.02AUTHORITY 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.