GRADO: UNDÉCIMO

B. Partial items shall be explained in detail and show the amount of each contract item being subcontracted.

Upon request of Project Engineer/Manager the Contractor shall provide a copy of the subcontract agreement or lower tier subcontracts if not attached to the “Request to Sublet.” The Engineer’s consent shall in no way be construed to be an endorsement of the subcontractor or its ability to complete the work in a satisfactory manner. The Contractor shall assure that the Subcontractor has received the following provi­ sions:

A. EEO Affirmative Action Requirements. B. Labor Rates form U.S. Department of Labor.

C. Required Contractor Provisions all Federal Aid Construction Contracts (FHWA-1273) and any addendums attached thereto.

D. Other federal aid provisions such as Buy America clauses.

No Subcontracts, or transfer of Contract, shall relieve the Contractor of liability under the Contract Bonds

.

104.03 ALTERATION AND CHANGE OF PLANS OR CHARACTER OF WORK.

The Engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the work as al­ tered. A Change Order will be executed to cover changes within the scope of the Con- tract. If the directed changes require additional time to complete the Contract, adjust­ ments in Contract time will be made under Section 108.04.

A. Significant Changes in the Character of Work. If the alterations or changes in quantities significantly change the character of the work under the Contract, whether or not changed by any such different quantities or alterations, an adjust­ ment, excluding loss of anticipated profits, will be made to the Contract. The basis for the adjustment shall be 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 the Engineer may determine to be fair and equita­ ble. If the adjustment is not acceptable to the Contractor, the Engineer will make a determination based on Section 104.03 D.

If the alterations or changes 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.

104.03 A

The term “significant change” shall be construed to apply only to the following circumstances:

1. 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 2. When a major item of work, as defined in Section 104.03 B, is increased in

excess of 125% or decreased below 75% of the original Contract quantity. B. Increased or Decreased Quantities. Adjustments in unit prices for increased or

decreased quantities will be governed by the following:

A major item of work is defined as any Contract item having a value in excess of 5% of the total original Contract amount. All other items are minor items. Any adjustment to Contract Unit Prices for an increase in quantity shall apply only to that portion in excess of 125% of original contract item quantity, or in case of a decrease below 75%, to the actual amount of work performed.

1. If the quantity of any major item of work required to complete the Project in- creases or decreases from the original Contract quantity by 25% or less, pay­ ment will be made at the Contract Unit Price.

2. Should the original Contract quantity of one or more major items of work be increased or decreased by more than 25%, either party to the Contract may demand that a supplemental agreement be negotiated with an adjustment of unit prices satisfactory to both parties. Adequate evidence shall be submitted to support the request for Contract Unit Price adjustments. Failure to submit the bid documents will be considered as a waiver by the Contractor of the right to recover any additional costs.

An adjusted unit price for the quantity of the item which is in excess of 125% of the original Contract quantity will be negotiated on the basis of the actual cost of that portion of the item in excess of 125%, plus a reasonable allowance for profit and applicable overhead.

An adjustment to the unit price for the quantity of the item which is less than 75% of the original Contract quantity will be considered if the Contractor can prove, to the satisfaction of the Engineer, that the fixed expenses have not been recovered because of the decreased quantity of the item. However, total payment for the item shall not exceed that amount which would be made for 75% of the original Contract item at the Contract Unit Price, plus any addi­ tional fixed costs which can be substantiated by the original bid documents, not recovered because of this 75% cap. In no case shall the re-negotiated price exceed the total Contract amount for this item.

The Contractor shall provide written notice of intent to request an adjustment to the bid price for underrun or overrun quantities. This notice shall be sub­ mitted as per Section 104.06 A as soon as the Contractor is aware that an overrun or underrun will occur that will require a price adjustment. This re- quest for adjustment of the bid price of underrun and overrun quantities shall also be governed by the requirements of Section 104.06 B.

3. If aggregate production equipment has been moved off the Project and there is an increase in the quantity of aggregate, the Department will pay for