pertaining to bid preparation, overhead, payroll, payments to suppliers and subcontractors, equipment lease agreements, and lease agreement payments. Maintain the records in an organized manner conducive to review and audit by the department. If a contract dispute arises and remains unresolved for more than three years after final acceptance, keep the records until the dispute is resolved. Actual cost documentation is required to substantiate all claims. The department will not accept estimates, averages, etc.
Scope of Work
104.1Intent of Contract
1 The intent of the contract is to state the roles and obligations of the department and the
contractor. 104.1.1 Voluntary Partnering 1 The department seeks to encourage a cooperative partnership with the contractor and its
principal subcontractors and suppliers. This partnership should draw on the strengths of each organization to identify and achieve mutual goals. Its objectives are effective and efficient contract performance. 2 Partnerships are voluntary, with each participant considered the equal of the other.
Participants will agree to and share equally the costs associated with partnering meetings. 3 Before the preconstruction conference (specified in Subsection 108.3.3, Preconstruction
Conference), the contractor’s management personnel and the engineer should plan and hold a workshop to initiate the partnership and agree on a charter. The engineer, the contractor’s on site project manager, and key project personnel from all parties, including subcontractors and suppliers, are encouraged to attend. Follow-up workshops may be held, as agreed to by the contractor and the department. 4 The establishment of a partnership charter does not change the legal relationship of the
parties or relieve either from any terms of the contract.
104.2Contract Amendments
104.2.1 General 1 The department reserves the right to amend the contract at any time. Amendments do not
invalidate the contract or release the surety, and the contractor agrees to perform the work as amended. The department will implement contract amendments by issuing a “Contract Amendment” (Form E-61). Do not begin any amended work until the engineer provides authorization or the “Contract Amendment” is signed. 2 The department will consider requests from the contractor for an amendment to the
contract amount or time only when the engineer is notified in accordance with Subsection
105.15, Contract Amendment and Dispute Resolution
The department will pay for amendments at contract unit bid prices unless the contractor’s cost of production or the character of the work is materially changed, in which case the department may adjust the contract as specified in Subsection109.4, Extra and
Scope of Work