Effective with the December 2018 Letting 17 2019 Standard Speci fications Section 104 Scope of Work 104.1 Intent of the Contract
1.The intent of the contract is to state the roles and obligations of the department and contractor regarding the construction, exe cution, and completion of the work. Perform the work as the contract specifies. 104.2 Revisions to the Contract 104.2.1 General
1.The department reserves the right to revise the contract at an y time. These revisions do not invalidate the contract or release the su rety. The contractor agrees to complete the contract as revised. Do not proceed with revised work without the project engineer’s prior written approval. Upon receiving written approval, proceed immediately with the revised work.
2.The contractor shall notify the project engineer if the contra ctor believes a revision to the contract is necessary. Whenever the words noti ce, notification, or notify a re used in 104.2 with reference to the contractor, the contractor shall provide notice as specified in 104.3 . The project engineer will determine if a potential contrac t revision is necessary and wil l notify the contractor of its determination in writing. The contractor must p roceed with the project engine er’s direction.
3.If the project engineer determi nes a revision is necessary, th e project engineer will revise the contract time as specified in 108.10 and will revise the contract price as specified in 109.4 . The contractor is entitled to no reimbursement fo r loss of anticipated profit.
4.If the project engineer decides t hat a potential contract revi sion identified by the contractor is not necessary, and the cont ractor does not agree with the project e ngineer's decision, the contractor may pursue a claim under 105.13 . 104.2.2 Issuing Contract Change Orders 104.2.2.1 Change Orders for Extra Work
1.The department will issue a contract change order to accomplis h extra work as defined in 101.3 . 104.2.2.2 Change Orders for Differing Site Conditions
1.During the progress of the wo rk, if one or more of the followi ng differing conditions are encountered at the site, the party discovering the condition shall promptly no tify the other party of the specific condition before further distur bing the site and before further performing the affected work.
1.A subsurface or latent physi cal condition, differing materially from those indicated in the contract.
2.An unknown physical conditio n of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work specified in t he contract.
2.If the contractor discovers the differing condition, the contr actor shall provide oral notification as specified in 104.3.2 , of the specific differing condition before further disturbing the site and before further performing the affected work.
3.The project engineer will investigate the conditions. If the p roject engineer determines the conditions materially differ and cause an in crease or decrease in the cost , time, or both, required to perform the work under the cont ract, the project engineer will adjust the contract price, time, or both, and modify the contract in writing accordingly. The project engineer will respond to the contractor as to whether or not an adjustment is warranted. The project engineer will follow the contractor notification procedures specified in 104.3 .
4.The department will not allow a c ontract adjustment unless the contractor has pr ovided the required notice as specified in 104.3 . 104.2.2.3 Change Orders for Engineer-Ordered Suspensions
1.If the project engineer suspends or delays the performance of all or any portion of the work in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the co ntractor believes that additio nal payment, contract time, or both, is due because of the suspension or delay, the contractor shall no tify the engineer as specified in 104.3 .
2.The project engineer will evaluat e the contract or's request. If the project engineer agrees that the cost, time, or both, required for the performance of the contract has increased due to the suspension or delay and the suspension or delay was caused by conditions beyo nd the control of and not the fault of the contractor, its suppliers, or subcontractors at any approve d tier, and not caused by weather, the project engineer will make an adj ustment and modify the contrac t in writing accordingly. The project engineer will respond to the contra ctor as to whether or not an adjustment is warranted as specified in 104.3.6 . Effective with the December 2018 Letting 18 2019 Standard Speci fications (3) The project engineer will not consider a contract adjustment u nless the contractor submits the request for adjustment within the time specified above.
4.The project engineer will not consider a contract adjustment u nder this clause to the extent that the performance would have been suspe nded by any other cause, or fo r which an adjustment is provided or excluded under any o ther term or condition of this contract. 104.2.2.4 Change Orders for Significant Changes in the Charact er of the Work 104.2.2.4.1 General
1.Under the contract a signific ant change is defined if either o ne of two separate and distinct circumstances occur as follows:
1.Altered work.
2.Changed quantities.
2.Before performing significantl y changed work, reach agreement with the department concerning the basis for the adjustment as specified in 109.4.4 . If the department does not ack nowledge that the work has significantly changed, follow the notification procedures a s specified in 104.3 .
3.If the alterations or changes in quantities do not significantly change the character of the work under the contract, the department will pay for the altered work at t he contract price. 104.2.2.4.2 Altered Work
1.The department will adjust the c ontract if the character of th e work as altered differs materially in kind or nature from that involved or i ncluded in the original proposed construction. 104.2.2.4.3 Changed Quantities
1.The department will adjust the contract if the department or contractor demonstrates that quantity changes affect the c ontractor's unit cost to perform the work a nd meet one of the following:
1.The quantity of a major bid item, as defined in 101.3 , is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowan ce for an increase in quantity applies only to that portion in excess of 125 percent of the original contract bid item quantity, or in case of a decrease below 75 percent, to the work actually performed.
2.The quantity of a minor bid i tem is increased to become a m ajor bid item. An adjustment in the contract unit price for that bid item applies only to the quantity of th at bid item having a contract value as follows: Original Contract < $8M: In e xcess of 6.25 percent of the orig inal contract. Original Contract >= $8M: In excess of $500,000.
3.The quantity of a minor bid item that is part of an approve d subcontract and that exceeds 10 percent of the original value of that subcontract is decreased more than 50 pe rcent from the original contract quantity for that bid item. Either party to the contract may submit a reques t for a revision to the c ontract unit price for that bid item. The department’s total payment for the final red uced quantity will not exceed 75 percent of the original contr act quantity at the contract price.
4.The quantity of a minor bid item that is part of an approve d subcontract and that exceeds 10 percent of the original value of that subcontract is increased more than 50 pe rcent from the original contract quantity for that bid item and which as increased does not qualify for adjus tment as a major bid item. Either party to the contract may submit a re quest to the other for a revision o f the contract unit price for that quantity of the bid item that is in excess of 125 percent of the original c ontract quantity. 104.2.2.5 Change Orders for Eliminated Work
1.The department has the right to partially eliminate or completely eliminate work the project engineer finds to be unnecessa ry for the project. If the project enginee r partially eliminates or completely eliminates work, the project engi neer will issue a contract change order for a fair and equitable amount as specified in 109.5 . 104.2.2.6 Change Orders for Revisions to Contract Time
1.The department will issue a cont ract change order to revise th e contract time as specified in 108.10 . 104.3 Contractor Notification 104.3.1 General
1.Subsection 104.3 specifies the step-by-step communication proc ess to be followed to expedite the resolution of potential contrac t revisions identified by the contractor. Both contractor actions and department responses are outli ned. The contractor's non-compliance with the requirements of 104.3 may constitute a waiver of ent itlement to a pay adjustment unde r 109.4 or a time extension under
108.10 .
Effective with the December 2018 Letting 19 2019 Standard Speci fications 104.3.2 Contractor Initial Oral Notification
1.If required by 104.2 , or if the contractor believes that the department’s action, t he department's lack of action, or some other situation results in or necessitates a co ntract revision, the contractor must promptly provide oral notification to the project engineer. Upon notification, the project engineer will attempt to resolve the identified issue. 104.3.3 Contractor 2-Day Written Notice
1.If the project engineer has not r esponded or res olved the iden tified issue within 2 business days after receipt of oral notification, pro vide a contractor 2-day written notice to the project engineer. At a minimum, provide the following:
1.A written description o f the nature of the issue.
2.The time and date of disco vering the problem or issue.
3.If appropriate, the location of the issue.
2.The contractor is encouraged to provide the additional informa tion specified in 104.3.5 as early as possible to assist the project engineer in the timely resolutio n of an identified issue. The project engineer will not require, in subsequent submissions, duplicati on of information already provided. 104.3.4 Engineer One-Day Written Acknowledgment
1.Within one business day after the contractor provides initial written notice, the project engineer will provide a project engineer one-day written acknowledgment to th e contractor. The project engineer will continue to resolve the issue. 104.3.5 Contractor 5-Day Written Statement
1.If the project engineer has not r esolved the issue within 5 bu siness days from the date of the initial written notice, augment the original written notice with an add itional contractor 5- day written statement to resolve the issue. In the written statement:
1.State why the issue is a c hange to the original contract.
2.Refer to the contract to sho w what has changed from the ori ginal contract.
3.Provide all perceived adjus tments to contract prices, deliv ery schedules, p hasing, and contract time.
4.Provide an estimate of the time within which the department must respond to the notic e to minimize cost, delay, or disruption.
2.The department understands that t he contractor’s estimates of the time required and additional costs may be based on incomplete information. The department will attempt to comprehend and resolve the potential change as quickly as pos sible. The contractor can hel p the department in this process by providing the requested inform ation as quickly as possible. 104.3.6 Engineer 5-Day Written Response
1.Within 5 business days after receiving the contractor 5-day wr itten statement, the project engineer will consider the statement and provide a project engineer 5-day res ponse in writing to the contractor with one or more of the following responses:
1.The project engineer will confirm that a contract change or der is necessary as specified in 104.2 . The project engineer will give direction concerning the potential c hange.
2.The project engineer will deny that the contract has to be revised. The project engineer will provide a statement as to why the issue is not a change to the contract. At a minimum, the project engineer will respond to the contractor’s iss ues and refer to the contract to show why the issues are not a change from the original contract.
3.The project engineer will request additional information to allow the project engineer to decide whether item 1 or 2 of 104.3.6(1) appli es. The project engineer will st ate the information nee ded and date it is to be received for further review.
2.If the contractor does not agree with the project engineer’s decision the contractor may pursue the issue as a claim a s specified in 105.13 . Alternatively, if the contract or and department mutually agree, the department will get a third-party advisory opinion according to the department’s dispute resolution procedures.
3.If a third party reviews the issue, their recomm endation is no t binding on either party. The project engineer has 14 calend ar days after receipt of the third party' s written recommendation to render a decision. If the department fails to respond in writing within those 14 calendar days or the contractor disagrees with the project engin eer's decision, the contractor may pursue the issue as a claim as specified in 105.13 . Effective with the December 2018 Letting 20 2019 Standard Speci fications 104.4 Requests for Information
1.Either the department or the cont ractor may request informatio n that the other party must provide in order for the requesting party to fulfill its contract obligations. The requesting party shall submit requests for information (RFI) on department form DT2502 either in hard copy or via email. RFI must conform to the following: - Be of reasonable scope. - Explain why a response is necessary to fulfill contract oblig ations. - Provide a requested response ti me, which must be reasonable i n relation to its scope.
2.The responding party shall r espond on department form DT2502 either in hard copy or via email within the requested response time. If m ore time will be required to a dequately address the issue, the responding party shall provide a written status report within t he requested response time. The parties will discuss the status of outst anding RFI at each progress mee ting until the issue is resolved. 104.5 (Vacant) 104.6 Roadway Maintenance and Traffic Control 104.6.1 General
1.The contractor is not liable fo r damages to or failure of exis ting facilities unless the damage or failure results from the contractor’s o wn operations, negligence, or no ncompliance with the contract.
2.The contractor shall maintain only those facilities or portions of facilities, including the roadbed surfaces, on which construction has begun or been completed, or has been damaged by the contractor’s operations or ha s been damaged due to the contract or’s negligence or noncompliance with the requirements of the contract.
3.The contractor is not responsibl e for snow removal or ice cont rol operations to maintain traffic on highways open to traffic or closed to through traffic.
4.Maintain the safety of the traveling public and control traffic using barricades , signs, flaggers, and temporary barrier as specifi ed in part VI, of the WMUTCD and ensure that the contractor's use of the right-of-way conforms to 107.9 . Furnish, erect, and maintain traffic control devices and faci lities conforming to 643, or as the engineer directs, th roughout the life of the contra ct. Use drums, barricades, and temporary barrier to delineate and shield abrup t drop-offs and other hazards. Conduct flagging operations according to t he plan details and the WMUTC D. Adequately train flaggers in the methods described in the WMUTCD and associated video before all owing them to control traffic. Costs for flagging and guidance services and signs associated with flagging and guidance, are incidental to the co ntract. The departmen t will pay separately for temporary portable rumble strips required in the flagging plan details under contract special pr ovision bid item Temporary Portable Rumble Strips.
5.The contractor is responsible for all damages to the work due to failure of barricades, signs, lights, flaggers, watchers, and temporar y barrier to protect it. The en gineer may order the contractor to immediately remove and replace or otherwise repair the damaged work at no additional expense to the department.
6.These provisions do not relieve the contractor of responsibili ty for injury or damage caused by the contractor’s negligence in prop erly safeguarding public travel. 104.6.2 Temporary Roads
1.Construct and maintain temporar y roads necessary to maintain t raffic as the contract specifies or as the engineer directs. Excavate and remove those portions of tem porary roads not incorporated into the final roadway section, and rest ore disturbed areas outside the construction limits to their original condition.
2.The department will pay for the construction and removal of te mporary roads, included in the contract or as the engineer orders, and the associated restoration of di sturbed areas. The department will pay for this construction, removal, and restoration work at the contract unit prices of the bid items used, or as extra work, if the necessary bid items are not included in t he contract.
3.Maintain temporary roads, included in the contract or as the e ngineer orders, in a safe and adequate condition. The cost of maintaining these temporary roads is inc idental to the contract, except during suspensions under 104.6.7.
4.The cost of constructing, maintaining, and removing temporary roads the contract does not show or the engineer did not order, is incidental to the contract. Effective with the December 2018 Letting 21 2019 Standard Speci fications 104.6.3 Road Closed to Traffic
1.If the contract provides, or if the engineer orders, that the road or portions of the road be closed to all traffic, furnish, erect, and main tain the traffic control devic es at the project termini and at intersecting roads along the project the cont ract specifies or as the engine er directs. Unless specifically required in the contract, the contractor is not responsible to maintain the pavement structure or traffic signs of the detour that may be provided for the accommodation of traffic ar ound the portion of the road closed to traffic.
2.Never close a public road or portion of a public road without the engineer’s specific written permission. If the contract specifies, or i f the engineer orders, that a road or a portion of road is to be closed, notify the engineer at the ear liest possible date of when the closure is needed so the department can make arrangements to close the road and provide detours. 104.6.4 Road Closed to Through Traffic
1.If the contract provides that t he road or portions of the road be closed to through tra ffic, furnish, erect, and maintain the traffic control devices at the project termini and at intersecting roads along the project the contract specifie s or the engineer direc ts. Also, furnish, erect, and maintain those traffic control devices within the project limits as may be required for the sa fe accommodation of local traffic as defined in 101.3 . At all times conduct the work i n a manner to provide safe, re asonably-direct, all- weather, 24-hour pedestrian and vehicular access to abutting pr operties along the highway being improved.
2.Unless specifically required in the contract, the contractor i s not responsible to maintain the pavement structure or traffic signs of t he detour that may be provided for the accommodation o f traffic around the portion of the road closed to through traffic. The department will pay for surfacing and base materials that the engineer deems necessary to maintain the roadway at co ntract unit prices, or as extra work. 104.6.5 Opening Section of Closed Road to Traffic before Work is Completed
1.For contracts with the road or portions of the road closed to traffic during construction, the engineer may direct or authorize the c ontractor to open sections of the road to public traffic before the work is completed. The engineer may dire ct the contractor to open sections of the road for the convenience of the traveling public. The engineer may authorize the contractor to open sections of the road to public traffic due to the contractor’s request. Do not open the road t o public traffic without the engineer’s written direction or written authorization. By opening sections to public traffic, the contractor is not relieved of performing the maintenance. However, the department will assume all costs for repair and maintenance solely attributable to public traffic use, and beyo nd the control and without fault of the contractor. These maintenance expenses include costs associated with those traffic control devices or facilities specified in this section. The engineer’s direction or authorization to open sections of the road to public traffic does not const itute partial acceptance under 105.11.1 and waives no other contract provisions.
2.Furnish, erect, and maintain those traffic control devices as may be required for the safe accommodation of the traffic.
3.The contractor is not liable fo r injuries or damages sustained by a person using the opened highway except for injuries or damages r esulting from the contractor’s own operations, negligence, or noncompliance with the requirements for traffic control under 104.6.1.
4.Whenever opening the road or a portion of the road to traffic, conduct the remainder of the construction operations in a way that causes the least obstruct ion to traffic. 104.6.6 Road Open to All Traffic
1.If the contract provides for the maintenance of all traffic ov er or along the road while undergoing improvement or reconstruction, k eep the road open to all traffi c. Furnish, erect, and maintain the traffic control devices as required to keep the portions of the road be ing used by public traffic in a condition to safely and adequately accommodate pedestrian and vehicular traffic. The department will pay for necessary work and materials to m aintain the roadway at the con tract unit prices o f the bid items used or as extra work if the necessar y bid items are not included in the contract. 104.6.7 Traffic Control and Maintenance During Suspensions of the Work
1.During a suspension of work as specified in 105.1 , the contractor shall make passable and open to traffic portions of the highway under improvement and temporary roads or portions thereof as the contractor and the engineer may agree upon for temporary accomm odation of necessary traffic during the period of suspension. During the period of suspension, main tain the surface of the traveled way of the temporary route or line of travel agreed upon. Effective with the December 2018 Letting 22 2019 Standard Speci fications (2) When resuming work, replace or renew all work or material lost or damaged because of temporary use of the highway under improvement. Remove temporary roads and re store disturbed areas outside the construction limits to their original condition, as the enginee r directs. Complete the improvements in every respect as though prosecution had been continuous and without interference, except as the contractor and the engineer may o therwise have agreed upon at t he time the arrangement was made for the temporary accommodation of necessary traffic during the anticipated period of suspension.
3.If the reason for the suspension is beyond the control and without the fault of the contractor, the department will pay for the following at the contract unit pric es of the bid items used, or as extra work if the necessary bid items are not included in the contract.
1.The replacement of materials and additional work made neces sary because of the temporary use of the highway.
2.The construction and remova l of temporary roads needed for public travel during the suspension, and the corresponding restoration of dis turbed areas outside the constr uction limits.
3.Maintaining the su rface of the traveled way of temporary roads used by the public during the period of suspension.
4.The furnishing, erecting, a nd maintenance of those traffic control devices and facilities needed to safely accommodate public travel during the suspension. 104.7 Removing Structures and Obstructions
1.Remove from within the roadway all or parts of existing culver ts, bridges, and misce llaneous structures designated for replacement or that interfere with new construction. The department will:
1.Pay for removing existing cu lverts and bridges as specified in 203.5 .
2.Pay for removing existing miscellaneous structures as speci fied in 204.5 , if the contract contains separate removal bid items under 204.
3.Pay for removing existing mi scellaneous structures as follo ws, if the contract does not contain separate removal bid items under 204: 3.1. Pay as specified in 206.5.1, if the removal is located within the limits of an Excavation for Structures bid item under 206. 3.2. Otherwise, pay as incident al to the Excavation bid items under 205.
2.Remove all or parts of existi ng culverts, bridges, and miscell aneous structures from beyond the roadway, but within the highwa y, if the contract specifies. Wit hin 104.7, highway means the entire highway right-of-way, including abutting portions of existing highways. The department will:
1.Pay for removing existing cu lverts and bridges, as specifie d in 203.5 .
2.Pay for removing existing miscellaneous structures as speci fied in 204.5 , if the contract contains separate removal bid items under 204.
3.Pay for removing existing mi scellaneous structures as follo ws, if the contract does not contain separate removal bid items under 204: 3.1. Pay as incidental to the Obliterating Old Road bid item, if the removal is locat ed within the limits of the Obliterating Old Road bid item under 214. 3.2. Otherwise, pay as incidental to the other contract bid it ems.
4.Pay for removals as extra work, if they are not specified i n the contract but subsequently required.
3.Leave structures beyond the lim its of the highway in place. 104.8 Rights in the Use of Materials Found on the Project
1.The contractor may use on the project stone, gravel, sand, or other material found within the vertical and horizontal excavation limits the plans show. Ensure that th e engineer determines the material’s suitability before using it. T he department will pay for both t he excavation of these materials at the corresponding contract bid price and the bid item for which the excavated material is used. The department will not charge the cont ractor for the materials fou nd within the above described excavation limits and so used . Replace, at no expense to the de partment, with other acceptable material all of the excavation material so removed and used for embankments, backf ills, approaches, or otherwise.
2.Do not excavate or remove mater ial from within the right-of-way that is not within the vertical and horizontal excavation limits t he plans show without the enginee r’s written authorization. Do not base bids on the anticipated approval of a request to excavate or re move material that is not within the above described excavation limits.
3.Take ownership of all material s required to be removed and not necessary for the work. Effective with the December 2018 Letting 23 2019 Standard Speci fications 104.9 Final Cleanup
1.Upon completion of the work and before the department accepts the work as specified in 105.11.2 and makes final payment as specified in 109.7 , the contractor shall remove fr om the right-of-way, and to the extent that the contractor i s responsible therefore, from the adjacent property, all surplus and discarded materials, rubbish, and temporary structures. Leave t he right-of-way in a neat and presentable condition. The contra ctor shall restore, at no expe nse to the department and in general conformity with the contract for the bid item or bid items invo lved, all work completed under previous contracts that the contractor has damaged.
2.If the contractor procures or p roduces material from a pit, qu arry, or deposit which is not an active commercial source or is not naturally submerged, the contractor shall do work as necessary and practicable to shape, slope, and trim and drain the site, including associated haul roads and adjacent areas disturbed by the contractor’s operations, so that it pres ents a stable, neat, trimmed appearance and that no water collects or st ands therein. Do not create or enlarge an area of open water except as allowed under 208.2.2 .
3.The cost of final cleanup is inc idental to the contract.
104.10 Cost Reduction Incentive
104.10.1 General
Revise 104.10.1(1) to eliminate CRIs for department genera ted ideas. This change was implemented in ASP 6 effective with the December 2017 letting.
1.Subsection 104.10 specifies a 2- step process for contractors t o follow in submitting a cost reduction incentive (CRI) for modifying t he contract in order to reduce d irect construction costs computed at contract bid prices. The initial submittal is referred to as a CRI concept and the seco nd submittal is a CRI proposal. The contractor and the department will equally sh are all savings generated to the contract due to a CRI as specified in 104.10.4.2(1) . The department encoura ges the contractor to submit CRI concepts.
2.Follow the procedures specified in 104.10.2 for submitting a CRI concept. If the department determines a CRI concept has merit, the department will encoura ge the contractor to submit a CRI proposal. Follow the procedures specified in 104.10.3 for submitting a CRI proposal.
3.The contractor may submit a CR I concept from a subcontractor. Subcontractors may not submit a CRI except through the contractor.
4.The contractor may submit a CRI c oncept only after the executi on of the contract. Do not base bid prices on the anticip ated approval of a CR I proposal. If the department rejects a CRI proposal, complete the contract as specified in the original terms or as otherwise modified. Revise 104.10.1(5) to explicitly list pavement design changes the department will not allow under a CRI.
5.The department will consider a C RI that changes b ut does not i mpair the essential functions or characteristics of the project. These functions or characterist ics include, but are not limited to, appearance, service life, economy of operations, ease of maintenance, design, and safety of structures and pavements, const ruction phasing or procedures, o r other contract requirements. The department will not con sider a CRI that chang es the following: - Permanent or temporary pavement type. - Permanent or temporary structural cross section.
6.The department will decide whethe r or not to approve a CRI. Th e department will bear no liability for causing a delay to the project in considering a CRI or for refu sing to approve a CRI. The department may consider a noncompensable time extension as specified in 104.10.2(3) . The department will consider no contractor claims for additional costs related to t he acceptance or rejection of a CRI, including loss of anticipated profits, or increased material or labor costs. The department will reimburse the contractor for t he development costs of CRI propo sals as specified in 104.10.4.1(3) .
7.A CRI, approved or not approved by the department, applies onl y to the contract for which the contractor submits it. Impose no restrictions on the CRI for its use or disclosure. The department has the right to use, duplicate, and disclose in whole or in part all data necessary for the utilization of the CRI. The department may use an ac cepted CRI or part of an accep ted CRI on other projects without obligation to the contractor. This provision does not deny righ ts granted by law with respect to patented materials or processes. The department will not use th is provision as the basis for rejecting the contractor's submittal of a CRI concept from past projects.
8.Continue to perform the work as the contract specifies until r eceipt of the engineer’s written acceptance or rejection of the CRI Proposal. Effective with the December 2018 Letting 24 2019 Standard Speci fications (9) Work produced under an approved CRI contract change order is s ubject to the provisions of 105.3.2 for nonconforming work.
104.10.2 Submittal and Review of a CRI Concept
1.Initially, submit a brief lette r with graphics as necessary to the engineer to describe and illustrate the CRI concept. Estimate the overa ll CRI savings and the costs to develop the CRI proposal specified in
104.10.3 The engineer will use the cont ractor's estimate of the CRI pr oposal development costs as
specified in 104.10.4.1(3) . Indicate whether adequate time is available in the project sc hedule for submitting a complete CRI propo sal and for the department’s review before implementation.
2.The department will review the CR I concept and, within 5 business days of the contractor’s initial submittal, notify the contractor in writing whether the CRI con cept has merit and whether the contractor should submit it as a CRI proposal. The contractor and the department can mutually agree to extend this 5-day review requirement. The department will no tify the contractor if a professional engineer registered in the state of Wisconsin should seal the C RI proposal. If the department informs the contractor to submit the CRI proposal, the department will share in the cost for developing the CRI proposal as specified in 104.10.4.1(3) .
3.If the department determines the ti me for response indicated i n the CRI concept lette r is insufficient for review, the department may choose to evaluate the need for a no ncompensable time extension to the contract. The department will bas e its evaluation on the additi onal time that the department needs for its review of the CRI proposal and the effect on the contractor’s schedule caused by the added review time.
4.If the department has already tak en action to implement revisions to the contract subsequently proposed in a CRI concept, the department may reject the CRI co ncept and revise the contract without obligation to the contractor.
5.The department may reject a CRI concept if it addresses a potential contract change situation as specified in 104.2 .
6.The savings generated by the CRI must be sufficient to warrant its review and processing and offset the level of risk. The departm ent will assess the risk of the C RI relative to departmental design policies and criteria for the project. The department may reject a CRI c oncept for the following reasons:
1.It requires excessive time or costs for the contractor to d evelop the CRI proposal.
2.It requires excessive time or co sts for review, evaluation, investigation, or implementation.
3.It introduces an inappr opriate level of risk.
104.10.3 Submittal of the CRI Proposal
1.Within 10 business days after the department has determined th at the CRI concept has merit, submit the CRI proposal. The contractor and department can mutually ag ree to extend this 10-day submittal requirement. Ensure that the CRI proposal includes sufficient d ata for the department to make an informed decision regarding the proposal and includes, at a minimum, the following information:
1.A statement that the propos al is submitted as a CRI.
2.A description of the differ ence between the existing contra ct and the proposed chan ge and the advantages and disadvantages of each, which may include effects on service life, economy of operations, ease of maintenance, benefits to the trav eling public, desired appearan ce, and safety.
3.A complete set of plans and specifications showing the prop osed revisions relative to the original contract features and requirements. Su pport the proposed revisions with design computations as necessary for a thorough and expeditious evaluation.
4.A complete analy sis indicating the final estimated costs an d quantities to be re placed by the CRI compared to the new costs and qua ntities generated by the CRI. The department will us e these costs as specified in 104.10.4.2(1) to compute the proposed net savings.
5.A statement specifying the ti me within which the department must make a decision.
6.A statement detailing the e ffect the CRI will have on inter im completion dates and the time for completing the contract.
7.A description of a previous u se or testing of the CRI and the conditions and resul ts. If the contractor previously submitted the CRI on another department project, the contractor shall indicate the date, contract number, and action taken by the department.
8.A detailed statement that ind icates the costs for developin g the CRI proposal an d implementing the changes. The department will use t hese costs as the contractor’ s CRI development and implementation costs as specified in 104.10.4.1(3) and 104.10.4.2(1) .
9.Ensure that a profe ssional engineer registered in the state of Wisconsin seals the CRI proposal if the department requires it as specified in 104.10.2(2) . Effective with the December 2018 Letting 25 2019 Standard Speci fications 10. If proposing design changes, the contra ctor may include wi th the additional inform ation, results of field investigations and surveys, des ign computations, and field chan ge sheets.
104.10.4 Acceptance, Rejection, and Payment
104.10.4 1 Acceptance, Rejection , and Payment of a CRI Proposa l
1.Within 10 business days of the contractor’s submission of the CRI proposal, the department will accept or reject the CRI proposal in wri ting. The contractor and the d epartment can mutually agree to extend this 10-day review requirement. P rovide requested additional information needed to evaluate the CRI proposal in a timely manner. The department may reject a CRI pr oposal for untimely submittal of additional information.
2.After accepting the CRI proposal, the de partment will execute a change order reimbursing the contractor for the cost of preparing the CRI proposal. The depa rtment will limit reimbursement to the contractor’s estimate of the CRI proposal development costs pro vided in the CRI concept submittal. The change order will also state the conditions for the departm ent's acceptance and which of the following the net savings will be based on:
1.Agreed lump sum prices befor e the contractor performs the C RI.
2.Agreed unit price s before the contractor performs the CRI i n conjunction with quantities that the department will measure after t he contractor com pletes the CRI.
3.If the department informs the cont ractor to submit a CRI propo sal as specified in 104.10.2 and later rejects the CRI proposal, the dep artment will execute a contrac t change order to adjust the contract for the contractor’s CRI developmen t costs as listed in item 8 of 104.10.3(1) . The department will limit the contract revision amount to the contractor’s estimate of the CRI proposal development costs provided in the CRI concept submittal. The contract change order will te rminate the departm ent’s review of the CRI.
4.Rejection of a CRI proposal is not an allowable basis for a cl aim against the department for delay or for other costs.
104.10.4 2 Payment for the CRI Work
Revise 104.10.4.2(1) to clarify that the department may adju st bid prices that do not represent the fair value of work when computing CRI savings. This change was implemen ted in ASP 6 effective with the December 2017 letting.
1.The department will pay for completed CRI work as specified fo r progress payments under 109.6 . The department will pay for CRI's under the Cost Reduction Incentiv e administrative item. When all CRI costs are determined, the departm ent will execute a contract ch ange order that does the following:
1.Adjusts the contract time, i nterim completion dates, or bot h.
2.Pays the contractor for t he unpaid balance of the CRI work.
3.Pays the contractor 50 percent of the net savings resulting from the CRI, calculated as follows: NS = CW - CRW - CC - DC Where: NS = Net Savings CW = The cost of the work requir ed by the original contract that is revised by the CRI. CW is computed at contract bid prices if applicable.[1] CRW = The cost of the revised work, computed at cont ract bid price s if applicable.[1] CC = The contractor’s cost of dev eloping the CRI proposal. DC = The department’s cost for investigating, evaluating, and imp lementing the CRI proposal. [1] The department may adjust contrac t bid prices that, in the engi neer's judgement, do not r epresent the fair value of the work deleted or proposed.
2.The department is the sole judge of the acceptability of a CRI proposal and of the agreed net savings in construction costs from the adoption of all or part of the C RI proposal. The de partment will not include time savings resulting from the CRI in the calculation of net savings. Effective with the December 20 18 Letting 26 2019 Standard Speci fications Section 105 Control of the Work 105.1 Engineer's Authority (1)The engineer decides all questions regarding:
1.Interpretation of the contract.
2.T he quantity, quality, and acceptability of materials furnished and work performed.
3.Rate of progress of the work.
4.Payment, contract administrat ion, and the ac ceptable fulfillment of the contract.
5.Disputes.6. Mutual rights under the contract. (2)The engineer may suspend the work in writing for any reaso n at any time during the contract. Except as specified in 104.2.2.3 for engineer-ordered suspensions, the de partment will allow no additional payment or time extension due to a suspension of work. (3)The engineer will determine estim ated quantities for prog ress payments as specified in 109.6 . 105.2 Supplemental Plans and Drawings Revise 105.2 to incorporate fabri cation library electronic submittal requirements for specified structures. 105.2.1 General (1)Submit to the engineer supplement s to the approved contract plan s, shop drawings, and the computations necessary to contro l the work. Do not change the a pproved contract plans without the engineer's written authorization. (2)If sufficient detail is not pro vided on the structure plans pr oduced by the departm ent, submit t o the engineer plans, shop drawings and the computations required to successfully prosecute the work. (3)If required in the cont ract, submit plans fo r temporary struct ures, cribs, cofferdams , fals ework, shoring, and form work. Ensure that these plans and accompanying drawing s and computations are signed and sealed by a professional engineer registered in the state o f Wisconsin. (4)Include a transmittal letter with each submittal made under 10 5.2. Indicate on shop drawin gs all deviations from the contract dra wings and itemize these deviati ons in the transmittal letter. The department will file and may revi ew these submittals. The department’s review does not relieve the contractor of the responsibility for obtaining satisfactory res ults, for the accuracy of dimensions and details, or for conformity of thes e drawings with the contract. The contractor may begin work on associated items without t he department's review. (5)Include the cost of furnishing all shop drawings in the unit p rice for one or more asso ciated bid item. 105.2.2 Fabrication Library Submittals (1)If specific contract provisions require submittals under 105.2. 2, also chec k and electronically submit shop drawings and computations to the department’s fabrication library a minimum of 2 weeks before the start of fabrication. Conform to the fabrication library su bmission standards. Procedures for accessing the fabrication library are located at: https ://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/strct/fab-sharepoint.aspx 105.3 Con formit y with the Con tract 105.3.1 General (1)Perform all work the contract specifies. Produce quality work within limits of precision reasonably expected of good construction. Pr oduce work conforming to the lines, grades, cross-sections, dimensions, and material requireme nts the contract specifies or the engineer establishes. Monitor construction operations to identif y potential unacceptable work as defined in 101.3 . Promptly remove and replace, or otherwise correc t, unacceptable work at no expe nse to the department. (2)The contractor may request a plan dimension change between US standard and SI metric dim ensions for a portion of the work. The engineer will only consider this dimension change if the modified work is essentially equivalent to the spec ified work. The department wi ll pay for this modifi ed work as specified in item 4 of 109.1.1.1(2) . Do not proceed with the modi fied work without the engineer's written permission. (3)The contract may specify specif ic values with allowable tolera nces, ranges , minimums, or maximums. Control operations to p roduce work that falls within the specif ied tolerance or r ange, falls above a specified minimum, or falls bel ow a specified maximum. If the c ontract does not specify a tolerance, range, minimum, or maximum value , control operations to produce work conforming to the contract within accepted manufacturing or c onstruction industry standard s.
Source: Wisconsin Standard Specifications for Highway and Structure Construction, 2019 Edition. Pages 26–34 of 601.