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<br /> <br />.~, <br />.~~~ <br /> <br /> <br />forfeiture of the proposal guaranty which shall <br />become the property of the Division. The Chief <br />Engineer may elect to waive forfeiture of the pro- <br />posal guaranty only if it is determined that the <br />. bidder has made a good faith remedial error and that <br />no damages were sustained by the Division as a <br />result of the failure by the successful bidder to <br />execute the Contract and file acceptable bonds <br />within the time prescribed. Award will then be made <br />to the next lowest responsive bidder, or the work will <br />be readvertised at the Division's option. <br /> <br />SECTION 104 <br />SCOPE OF WORK <br /> <br />104.01 Intent of Contract. The intent of the <br />Contract is to provide for the construction and <br />completion of the work described. The Contractor <br />shall furnish all labor, materials, equipment, tools, <br />transportation and supplies required to complete the <br />work in accordance with the terms of the Contract. <br />Alterations of plans or the nature of the work will not <br />involve or require work beyond the termini of the <br />original project, until a contract modification order <br />has been executed. <br /> <br />104.02 Differing Site Conditions, Suspen- <br />sions of Work, and Significant Changes in the <br />Character of Work. <br />(a) Differing Site Conditions. During the pro- <br />gress of work, if subsurface or latent physical <br />conditions are encountered at the site <br />differing materially from those indicated in <br />the Contract or if unknown physical cond- <br />itions of an unusual nature, differing mater, <br />ially from those ordinarily encountered and <br />generally recognized as inherent in the work <br />provided for in the Contract, are encountered <br />at the site, the party discovering such <br />conditions shall promptly <br />notify the other party in writing of the <br />specific differing conditions before they are <br />disturbed and before the affected work is <br />performed. <br />Upon written notification, the Engineer <br />will investigate the conditions, and if the <br />Engineer determines that the conditions <br />materially differ and cause an increase or <br />decrease in the cost or time required for the <br />performance of any work under the Con- <br />tract, an adjustment, excluding loss of antici, <br />pated profits, will be made and the Contract <br />modified in writing accordingly. The Eng- <br />ineer will notify the Contractor of the deter- <br />mination whether or not an adjustment of <br />the Contract is warranted. No Contract adjust- <br />ment which results in a benefit to the <br />Contractor will be allowed unless the Con- <br />tractor has provided the required written <br />notice. <br /> <br />(b) Suspensions of Work Ordered by the <br />Engineer. If the performance of all or any <br />portion of the work is suspended or delayed <br />by the Engineer in writing for an unrea- <br />sonable period of time (not originally antici- <br />pated, customary, or inherent to the con- <br />struction industry) and the Contractor <br />believes that additional compensation <br />and/or contract time is due as a result of such <br />suspension or delay, the Contractor shall sub. <br />mit to the Engineer in writing a request for <br />adjustment within seven calendar days of <br />receipt of the notice to resume work. The <br />request shall set forth the reasons and <br />support for such adjustment. <br />Upon receipt, the Engineer will evaluate <br />the Contractor's request. If the Engineer <br />agrees that the cost and/or time required for <br />the performance of the Contract has in- <br />creased as a result of such suspension and <br />the suspension was caused by conditions <br />beyond the control of and not the fault of the <br />Contractor, its suppliers, or subcontractors <br />at any approved tier, and not caused by <br />weather, the Engineer will make an adjust- <br />ment (excluding profit) and modify the Con- <br />tract in writing accordingly. The Engineer <br />will notify the Contractor of the deter- <br />mination whether or not an adjustment of <br />the Contract is warranted. No Contract <br />adjustment will be allowed unless the Con, <br />tractor has submited the request for adjust- <br />ment within the time prescribed. <br />No Contract adjustment will be allowed <br />under this clause to the extent that perfor- <br />mance would have been suspended or de. <br />layed by any other cause, or for which an <br />adjustment is provided for or excluded under <br />any other term or condition of this Contract. <br /> <br />(c) Significant Changes in the Character of <br />Work. The Engineer reserves the right to <br />make, in writing, at any time during the <br />work, such changes in quantities and such <br />alterations in the work as are necessary to <br />satisfactorily complete the project. Such <br />changes in quantities and alterations shall <br />not invalidate the Contract nor release the <br />surety, and the Contractor agrees to perform <br />the work as altered. <br />If the alterations or changes in quantities <br />significantly change the character of the <br />work under the Contract, whether or not <br />changed by any such different quantities or <br />alterations, an adjustment, excluding loss of <br />anticipated profits, will be made to the <br />Contract. The basis for the adjustment shall <br />be agreed upon prior to the performance of <br />the work. If a basis cannot be agreed upon, <br />then an adj ustmen t will be made either for or <br /> <br />9 <br />