Contractor and where the sums to be deducted are more than the funds otherwise due the Contractor, the Contractor shall remit all amounts due the Dep artment within 30 Days of receiving an Invoice from the Dep artment. After such 30 Days, the Contractor shall be in Default of this Contract a nd shall not be entitled to any addit ional cure period. Statutory interest shall accrue after 60 Days of Receipt of the Invoice.
Scope of Section This Section contains general provisions related to changes in quantities, scope, time, and payment.
109.1Changes in Quantities
109.1.1 Changes Permitted The Department may increase or decr ease Pay Item quantities from the estimated quantities shown in the Bid Docum ents, and such increase or decrease shall not be considered Extra Work. Except as expressly provided otherwise in this Contract, the Contractor shall be paid for actual quantities i n place and accepted at the Unit Prices contained in the Contract or’s Bid. The Contractor accep ts such payment as full and complete compensation. There will be no adjustment to Contract Time due to an increase or decrease in quantities compared to those estimated, except as a ddressed through Contract Modification(s). 109.1.2 Substantial Changes to Major Items If quantities of M ajor Items vary from the estimated quantities contained in the Bid Documents by more than 25%, then the Department may increase or decrease the Unit Price of such item using the extra work process. For related provisions, see Section 109.3 - Extra Wor k and Section 109.8 - Contract Modification. If an adjustment to the Unit Price is m ade, it will apply only to that portion of the actual quantity that is less than 75% of the est imated quantity or more than 125% of the estimated quantity.
109.2Elimination of Items Upon written notification to the C ontractor, the
Department may entirely eliminate item(s) of Work for any reaso n. Upon notification, the Department is entitled to a credit. For Minor Items, the credi t shall be the Contractor’s Bid price for the eliminated item(s). For Major Items, the amount of the credit shall be the Contractor’s Bid price for the eliminated item(s), less (A) dir ect costs actually incurred by the Contractor after Awar d, including mobilization, shipping, a nd restocking expenses that the Contractor cannot recoup on other Projects as reasonably de termined by the Department, and (B) 10% for overhead and profit. The Department may withho ld said credit from amounts otherwise due the Contractor.
109.3Extra Work The Department reserves the right to revise the Contract by
adding Extra Work. Such revisions neither invalidate the Contr act nor release the Surety. The Contractor and/or its Surety agree to perform all such Extr a Work. The Department will compensate for Extra Work by written Contract Modification in accordance with Section 109.7.1 - General and Section 109.7.2 - Basis of Paymen t. Any Delay related to
Extra Work will be analyzed in accordance with Section 109.5 - Adjustments for Delay. For a related provision, see Section 109.8 - Contract Modification.
109.4Differing Site Conditions
109.4.1 Definition “Differing Site Conditions” are subsurface or latent physical conditions that, at the time of Bid submittal, were:
generallyrecognized as inherent in Work like that specified by the Contract by Contractors experienced in such Work, and
the case of the Contractor includes its Subcontractors. 109.4.2 Risk of Other Conditions All costs, Work, Delays, or other damages related to or arising from site conditions that are not Differing Site Conditions are the sole risk and responsibility of the Contractor. 109.4.3 Notice and Procedural Requirements If the Contractor discovers what it considers Differing Site Conditions that may cause adjustments to compensation, time, or other Contract requirements, t he Contractor shall provide “Notice of Issue for Consideration” within 48 hours of discovery and before doing an y Work relating to such conditions as provided in Section 104.4.5 - Early Negotiation. The Contractor shall then comply with all other requirements of Section 104.4.5 - Early N egotiation, and Section 111 - Resolution of Disputes. The Contractor will not be entitled to any change to compensation, time, or Work requirements without proper notice as specified i n this Section 109.4. Failure to provide such notice or to otherwise comply with this Section 109.4 will constitute a waiver of all claims related to such conditions. If the Department discovers what it considers Differing Site C onditions that may cause adjustments to compensation, time, or other Contract requ irements, then the Department will provide the Contractor with written notice with in 48 hours of discovery. If the Contractor disagrees with t he Department’s finding of Diffe ring Site Conditions or the related adjustments, then the Contractor shall provide “Notice of Issue for Consideration” within 48 hours of receipt of the Department’s written notice a nd comply with the requirements of Section 104.4.5 - Early Negotiation and Section 111 - Resolution of Disputes. 109.4.4 Investigation / Adjustment Upon notification by the C ontractor or upon the Department’s own initiative, the Department will investigate th e conditions. If the Department determines that Differing Site Conditions exist and that the Differing Site Conditions have caused an increase in the cost or time required for the performance of the Work, then the Contractor is entitled to an Equitable Adjustmen t for the additional costs in accordance with Section 109.7, Equitable Adjustments to Compens ation and Time - Basis of