14-SP-DifferingSiteConditionsTemporarySuspensionsOfWork-2-8-19.pdf
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- Solicitation number
- 237352
- Issued by
- Pulaski County, Arkansas
About this file
This document is a Special Provision issued by the Arkansas Department of Transportation for Local Projects addressing differing site conditions and temporary suspensions of work under the 2014 Edition Standard Specifications. The provision establishes protocols for contractors and engineers when subsurface, latent, or unusual physical conditions are encountered during construction that materially differ from those indicated in the contract. When such conditions are discovered, the discovering party must promptly notify the other party in writing before disturbing the conditions or performing affected work. The Engineer will investigate and determine whether the conditions materially differ and warrant a contract adjustment. Additionally, the provision authorizes the Engineer to suspend work wholly or in part due to unsuitable weather or unfavorable conditions. During indefinite work suspensions, contractors must properly store materials, maintain drainage, preserve completed work, and maintain the traveled way as directed.
Contract adjustments for differing site conditions exclude loss of anticipated profits and are not permitted for effects on unchanged work unless the contractor provides required written notice. For temporary suspensions of work, contractors may request adjustment for additional compensation and contract time if the suspension was not originally anticipated, not customary to the construction industry, and caused by conditions beyond the contractor's control and not caused by weather. Contractors must submit adjustment requests in writing to the Engineer within ten business days of receiving notice to resume work. The Engineer will evaluate requests and approve adjustments excluding profit if suspension-related cost and time increases are substantiated. No adjustment is permitted unless the request is timely submitted or if performance would have been suspended or delayed by other causes or excluded under other contract terms. The "Engineer" is defined as the Chief Engineer of the Department or authorized representatives responsible for engineering supervision of construction.
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Text version
02/08/19 Page 1 of 1
Arkansas Department of Transportation
Special Provision for Local Projects
Differing Site Conditions and Temporary Suspensions of Work
Arkansas Department of Transportation, Standard Specifications, 2014 Edition
Section 104.02(c) – Differing Site Conditions
During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and general recognized as inherent in the work provided for in the
Contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed.
Upon written notification, the Engineer will investigate the conditions. If the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding loss of anticipated profits, will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted.
No Contract adjustment that results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.
No Contract adjustment will be allowed under this clause for any effects caused on unchanged work.
Arkansas Department of Transportation, Standard Specifications, 2014 Edition
Section 108.05 – Temporary Suspension of Work
The Engineer will have the authority to suspend the work wholly or in part for such period or periods necessary, due to unsuitable weather or other conditions unfavorable for the suitable prosecution of the work. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the traveling public nor become damaged in any way, and shall take every reasonable precaution to prevent damage or deterioration of the work performed; provide suitable drainage of the roadway by opening ditches and shoulder drains; maintain the traveled way; erect temporary structures where directed; etc.
The Contractor shall not suspend the work nor remove any equipment or materials essential to the completion of the current phase of the project without the permission of the Engineer.
If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for a period of time not originally anticipated, customary, or inherent to the construction industry and the Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within ten (10) business days of the receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost and/or time required for the performance of the Contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the
Contract in writing accordingly. The Engineer will notify the Contractor of a determination whether or not an adjustment of the Contract is warranted.
No Contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed.
No Contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of the Contract.
NOTE: As defined in Section 101.01(c) of the Department’s Standard Specifications, the “Engineer” is defined as “The Chief Engineer of the Department, acting directly or through duly authorized representatives, who is responsible for engineering supervision of the construction.” This role may vary in name and title by the agency utilizing this Special Provision. Additional definitions may also be found in Section 101.01(c).
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