1402Contract Revisions

1402.1GENERAL

The Engineer reserves the right to make, in writing, at any time during the progress of the W ork, such changes in quantities and such alterations in the Work as are necessary to satisfactorily complete the Project or for reasons of the Department’s interest. Revisions to the Contract will not add Work beyond the limitations imposed by law or beyond the termini of the proposed construction except as may be necessary to satisfactorily complete the Project. Revisions to the Contract neither invalidate the Contract nor release the Surety, and the Contractor agrees to perform the Work as revised. Either party to the Contract may assert that a Contract revision has occurred.

If the Contractor believes it has encountered a Contract revision as set forth in 1402.2, “Differing Site Conditions,” 1402.3, “Significant Changes to the Character of Work,” 1402.4, “Suspensions of Work Ordered by the Engineer,” 1402.5, “Extra Work,” or 1402.6, “Eliminated Items,” the Contractor shall provide notice as required by these clauses and as required by 1403, “Notification for Contract Revisions.” Failure to provide notice as specified in 1403, “Notification for Contract Revisions” constitutes a waiver of the Contractor’s entitlement to compensation or a time extension and releases the Department from responsibility for providing compensation or a time extension. If the Engineer concludes that a Contract revision is necessary, the Department will compensate the Contractor for the revision in accordance with 1904, “Compensation for Contract Revisions,” 1905, “Compensation for Eliminated Items,” and 1907, “Payment for Surplus Material.” No payment, except as specifically provided by the payment provisions of the Contract, will be made for any increased expenses, loss of expected reimbursement, or loss of anticipated profits suffered or asserted by the Contractor, whether resulting directly from revisions in the Work or indirectly from unbalanced allocation of expenses among the Contract Items, for any variation between the quantities in the Bid Schedule and the actual quantities ordered and performed, or from any other cause. If necessary, the Engineer may extend time in accordance with 1806, “Determination and Extension of Contract Time.” In 1402.2, “Differing Site Conditions,” 1402.3, “Significant Changes to the Character of the Work,” and 1402.4, “Suspensions of Work Ordered by the Engineer,” the term “adjustment” means compensation in accordance with 1904, “Compensation for Contract Revisions,” 1905, “Compensation for Eliminated Items,” and 1907, “Payment for Surplus Material,” and the granting of a time extension in accordance with 1806, “Determination and Extension of Contract Time.”

1402.2DIFFERING SITE CONDITIONS

During the progress of the Work, if one of the following subsurface or latent physical conditions is encountered at the site, the party encountering 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:

ordinarily encountered and generally recognized as inherent in the Wo rk provided for in the Contract 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, the Engineer will make an adjustment, excluding loss of anticipated profits, and will modify the Contract in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. The Department will not allow a Contract adjustment that results in a benefit to the Contractor, unless the Contractor has provided the required written notice.

1402.3SIGNIFICANT CHANGES TO THE CHARACTER OF WORK

The Engineer reserves the right to make, in writing, at any time during the progress of the W ork, such changes in quantities and such alterations in the Work as are necessary to satisfactorily complete the Project. Such changes in quantities and alterations shall not invalidate the C ontract nor release the Surety, and the Contractor agrees to perform the Work as altered. If the alterations or changes in quantities significantly change the character of the W ork under Contract, whether those alterations or changes are in themselves significant changes to the character of the Work or, by affecting other Work, cause such other Work to become significantly different in character, an adjustment, excluding loss of anticipated profits, will be made to the C ontract. The Contractor and

Department shall agree on the basis for an adjustment in writing before the performance of the W ork. If the Contractor and Department cannot agree, the Engineer will make an adjustment either for or against the Contractor in such amount as the Engineer determines to be fair and equitable. If the alterations or changes in quantities do not significantly change the character of the W ork under the Contract, the Department will pay for the altered Work as provided elsewhere in the Contract. The term “significant change” shall be construed to apply only to the following circumstances:

involved or included in the original proposed construction, or

below 75 percent of the original Contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of the original Contract Item quantity, or in case of a decrease below 75 percent, to the actual amount of Work performed.

1402.4SUSPENSIONS OF WORK ORDERED BY THE ENGINEER

If the performance of all or any portion of the Work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation, or C ontract Time, or both are due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment no later than 7 Calendar Days after receipt of 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, or time required for the performance of the Contract, or both have 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, 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 the determination whether or not an adjustment of the Contract is warranted. The Department will not allow a Contract adjustment unless the Contractor has submitted the request for adjustment within the time prescribed. The Department will not allow a Contract adjustment 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 this Contract.

1402.5EXTRA WORK

If the Contractor believes that it has been required to perform Extra Work, the Contractor shall notify the Engineer in accordance with 1403, “Notification for Contract Revisions.” Failure to provide notice as specified in 1403, “Notification for Contract Revisions,” constitutes a waiver of the Contractor’s entitlement to compensation or a time extension and releases the Department from responsibility from providing compensation or a time extension. If the Engineer determines, in the Engineer’s sole discretion, that Extra Work is required, the Department will compensate the Contractor for Extra Work in accordance with 1904, “Compensation for Contract Revisions,” and determine the appropriate time extension, if any, in accordance with 1806, “Determination and Extension of Contract Time.” The Department and the Contractor shall execute a Change Order specifying the location and nature of the Work to be performed and the basis of payment before the Contractor is authorized to perform Extra Work. The Contractor shall perform Extra Work in accordance with the Specifications unless otherwise specified in the Change Order authorizing the Extra Work. The Change Order authorizing Extra Work shall not become effective until it has been fully executed and approved as required by law.

If the Contractor performs Extra Work before a Change Order is fully executed, the Department may consider this as unauthorized Work and as having been done at the Contractor’s expense. The Department will compensate the Contractor for this Work only if the Engineer determines that the Work is acceptable and necessary, and the Change Order has been fully executed.

1402.6ELIMINATED ITEMS

If the Department eliminates any Contract Items from the Contract, the Department will reimburse the Contractor for all costs incurred before notification that are not the result of unauthorized Work. The Department will compensate the Contractor in accordance with 1905, “Compensation for Eliminated Items.”