24 No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any othe r cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
104.11 Significant Changes In The Character of Work :
The Engineer re serves 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 satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the con tract nor release the surety, and the Contractor agrees to perform the work as altered. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves si gnificant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall b e agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount as the Engineer may determine to be fair and equitable. If the alterations or change s in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. The term "significant change" shall be construed to apply only to the follow ing circumstances:
a.When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
b.When a major item of work (any item having an original contract value in excess of 10 percent (10%) of the original contract amount or $50,000 dollars), is increased in excess of 125 percent (125%) or decreased below 75 percent (75%) of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent (125%) of original contract item quantity, or in case of a decrease below 75 percent (75%) , to the actual amount of wor k performed.
104.12 Value Engineering Change Proposal and Practical Design
CHANGE PROPOSAL : The Contractor may submit to the Engineer, in writing, Value Engineering Change Proposals (VECP) for modifying the plans, specifications or other require ments of the contract for the purpose of reducing the total cost of construction without reducing design capacity or quality of the finished product. If accepted by the Division, the cost savings difference between the original contract work being modifie d and the final cost of the proposed new work shall be shared between the Contractor and the Division on a fifty -fifty basis. The Contractor may submit to the Engineer, in writing, a Practical Design Change Proposal (PDCP) for modifying the plans, specifi cations or other requirements of the contract for the purpose of reducing the total cost of construction. A Practical Design Change Proposal may provide a finished product with a justifiably revised scope change, as compared to the as -bid product. The PDCP may modify construction sequences, re -use existing roadway elements or underrun contract items. The PDCP shall not adversely affect safety or function of the final product . The cost savings to the Division shall be negotiated to be at least sixty pe rcent (60%) of the cost difference between the original contract work being modified and the final cost of the proposed new work listed in the change order for a PDCP.
Source: West Virginia Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 34–34 of 1,006.