104.01 24 104 SCOPE OF WORK
104.01 Intent of the Contract Documents. The intent of the Contract
Documents is to provide for the construction and completion of the Work. Perform the Work according to the Contract Documents.
104.02 Revisions to the Contrac t Documents.
A.General. The Department reserves the right to revise the Contract Documents at any time. Such revisions do not invalidate the Contract or release the Surety, and the Contractor agrees to perform the Work as revised. The provisions of this s ection are subject to the limitation of ORC 5525.14.
B.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 Documents or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the Work provided for in the Contract Documents, are encountered at the site, notify the Engineer as spec ified in 108.02.F of the specific differing conditions before they are disturbed or the affected Work is performed. Upon notification, the Engineer will investigate the conditions and if it is determined that the conditions materially differ and cause an i ncrease or decrease in the cost or time required for the performance of any Work under the Contract, the Department will make an adjustment and modify the Contract as specified in 108.06 and 109.05. The Engineer will notify the Contractor of the determinat ion whether or not an adjustment of the Contract is warranted.
C.Suspension of Work. 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, cu stomary, or inherent to the construction industry) and the Contractor believes that additional compensation or time is due as a result of such suspension or delay, notify the Engineer as specified in 10 8.02. Upon receipt of notice, the Engineer will evalua te the Contractor’s request. If the Engineer agrees that the cost or time required for the performance of the Work 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 Contr actor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an equitable adjustment (excluding profit) and modify the contract as specified in 108.06 and 109.05. The Engineer will notify the Contractor of its determination whether or not an adjustment to the Contract Documents is warranted. Failure of the Engineer to suspend or delay the Work in writing does not bar the Contractor from receiving a time extension or added compensation according to 108.06 or 109.05. The Department will not make an adjustment under this subsection in the event that performance is suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this Contract.
D.Significant Changes in Character of the Work. The Engineer may increase or decrease quantities and alter the Work as necessary to complete the Project . The 104.02 25 Engineer will make appropriate adjustments according to 108.06 and 109.05, if such alterations signi ficantly change the character of the Work. If the Contractor disagrees as to whether an alteration constitutes a significant change, use the notification procedures specified in 108.02.G. The term “significant change” is defined as follows:
1.when the cha racter of the Work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
2.when the product of the quantity in excess of the estimated quantity of a contract item and the unit price exceed s the limits set forth in Table 104.02 -1. TABLE 104.02 -1 Contract Price Contract Limits Up to $500,000 $25,000 $500,001 to $2,000,000 5% of Total Contract Price Over $2,000,000 $100,000 A quantity underrun is defined as follows:
a.the estimated quantity of a contract item exceeds four units, and
b.the decrease in quantity of any unit price Contract Item exceeds 25 percent of the estimated quantity, and
c.the total of all such adjustments for all Contract Items is more than $400. Then aft er the determination of final quantities according to 109.12.C, the Engineer will adjust the unit prices for the affected Contract item by multiplying the bid unit price by the factor obtained from Table 104.02 -2. 104.02 26 TABLE 104.02 -2 % Decrease Factor % Decreas e Factor 25 1.08 57 1.33 26 to 27 1.09 58 1.35 28 to 29 1.10 59 1.36 30 to 31 1.11 60 1.38 32 to 33 1.12 61 1.39 34 to 35 1.13 62 1.41 36 1.14 63 1.43 37 to 38 1.15 64 1.44 39 1.16 65 1.46 40 to 41 1.17 66 1.49 42 1.18 67 1.51 43 1.19 68 1.53 44 to 45 1.20 69 1.56 46 1.21 70 1.58 47 1.22 71 1.61 48 1.23 72 1.64 49 1.24 73 1.68 50 1.25 74 1.71 51 1.26 75 1.75 52 1.27 76 1.79 53 1.28 77 1.84 54 1.29 78 1.89 55 1.31 79 1.94 56 1.32 80 and over 2.00 When the increase in quantity or decrease in quantity of any unit price contract item does not exceed the limits set forth in Tables 104.02 -1 and 104.02 -2, the change is considered a minor change. The Department will pay for minor changes in the Work at the unit bid price.
E.Eliminated Items. The Department may partially or completely eliminate contract items. The Dep artment will only make an adjustment to compensate the Contractor for the reasonable cost incurred in preparation to perform significantly changed work as set forth in 104.02.D or work completely eliminated prior to the date of the Engineer’s written order to significantly change or completely eliminate the Work. The adjustment will be determined according to 109.04 and 109.05. Such payment will not exceed the price of the Contract Item. The Department will not seek a savings for maintaining traffic, mobili zation, and construction layout stakes items for Eliminated Items of Work, unless there is a significant change.
F.Extra Work. Perform Extra Work as directed by the Engineer. The Department will pay for Extra Work as specified in 109.05. Time extensions, if warranted, will be determined according to 108.06.
Source: Ohio Construction and Material Specifications, 2019 Edition. Pages 0–0 of 928.