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 Contract 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 section 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 specified 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 increase 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 determination 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, customary, 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 104.05.
Upon receipt of notice, the Engineer will evaluate 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 Contractor, 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
alter the Work as necessary to complete the Project. The Engineer will
make appropriate adjustments according to 108.06
and 109.05, if such alterations significantly
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 character 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 exceeds the limits set
forth in 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 |
If the decrease in
quantity of any unit price Contract Item exceeds 25 percent of the estimated
quantity, and the total of all such adjustments for all Contract Items is more
than $400, then after 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.
|
% Decrease |
Factor |
% Decrease |
Factor |
|
25 |
1.08 |
67 |
1.51 |
|
26 to 27 |
1.09 |
68 |
1.53 |
|
28 to 29 |
1.10 |
69 |
1.56 |
|
30 to 31 |
1.11 |
70 |
1.58 |
|
32 to 33 |
1.12 |
71 |
1.61 |
|
34 to 35 |
1.13 |
72 |
1.64 |
|
36 |
1.14 |
73 |
1.68 |
|
37 to 38 |
1.15 |
74 |
1.71 |
|
39 |
1.16 |
75 |
1.75 |
|
40 to 41 |
1.17 |
76 |
1.79 |
|
42 |
1.18 |
77 |
1.84 |
|
43 |
1.19 |
78 |
1.89 |
|
44 to 45 |
1.20 |
79 |
1.94 |
|
46 |
1.21 |
80 |
2.00 |
|
47 |
1.22 |
81 |
2.07 |
|
48 |
1.23 |
82 |
2.14 |
|
49 |
1.24 |
83 |
2.22 |
|
50 |
1.25 |
84 |
2.31 |
|
51 |
1.26 |
85 |
2.42 |
|
52 |
1.27 |
86 |
2.54 |
|
53 |
1.28 |
87 |
2.67 |
|
54 |
1.29 |
88 |
2.83 |
|
55 |
1.31 |
89 |
3.02 |
|
56 |
1.32 |
90 |
3.25 |
|
57 |
1.33 |
91 |
3.53 |
|
58 |
1.35 |
92 |
3.88 |
|
59 |
1.36 |
93 |
4.32 |
|
60 |
1.38 |
94 |
4.92 |
|
61 |
1.39 |
95 |
5.75 |
|
62 |
1.41 |
96 |
7.00 |
|
63 |
1.43 |
97 |
9.08 |
|
64 |
1.44 |
98 |
13.25 |
|
65 |
1.46 |
99 |
25.00 |
|
66 |
1.49 |
|
|
If the increase in quantity of any unit price Contract Item exceeds 25 percent
of the estimated quantity, and the total of all adjustments for all Contract Items
is more than $400, then after a final determination of final quantities
according to 109.12.C, the Engineer will
adjust the unit prices for the Contract Items exceeding 25 percent of the
estimated quantity by multiplying the bid unit price by the factor obtained
from Table 104.02-3
|
% Increase |
Factor |
|
25 to 28 |
0.95 |
|
29 to 35 |
0.94 |
|
36 to 42 |
0.93 |
|
43 to 51 |
0.92 |
|
52 to 61 |
0.91 |
|
62 to 72 |
0.90 |
|
73 to 85 |
0.89 |
|
86 to 100 |
0.88 |
|
101 to 117 |
0.87 |
|
118 to 138 |
0.86 |
|
139 to 163 |
0.85 |
|
164 to 194 |
0.84 |
|
195 to 233 |
0.83 |
|
234 to 284 |
0.82 |
|
285 to 354 |
0.81 |
|
354 to 400 |
0.80 |
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, there is no significant change in
the character of the work and the change is considered a minor change.
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 Department 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, mobilization, 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.
G. Unilateral Authority to
Pay. The Department has
unilateral authority to pay the contractor sums it determines to be due to the
contractor for work performed on the project. This unilateral authority
to pay by the Department does not preclude or limit the rights of the
Department and the contractor to negotiate and agree to the amounts to be paid
to the contractor.
104.03 Rights
in and Use of Materials Found on the Work. Upon obtaining
the Engineer’s approval, the Contractor may use material, such as stone,
gravel, or sand, found in the plan excavation for another Contract Item.
The Department will pay for both the excavation of the material under the
corresponding Contract Item and for the placement of the excavated material
under the Contract Item(s) for which the excavated material is used.
Excavate or remove material only from within the grading limits, as indicated
by the slope and grade lines.
Obtain
written permission from the Engineer according to 107.11.A.
104.04
Cleaning Up. Maintain the
Project in a presentable condition. Remove all rubbish, layout stakes,
sediment control devices as directed by the Engineer, excess material,
temporary structures, and equipment, including stream channels and banks within
the Right-of-Way at drainage structures, and all borrow and waste areas,
storage sites, temporary plant sites, haul roads, and other ground occupied by
the Contractor in connection with the Work. Establish suitable vegetative
cover in these areas by seeding and mulching according to Item 659, except for cultivated fields. Leave the
Project site in an acceptable condition as determined by the Engineer.
The cost of cleanup is incidental to all contract items. The Department
may withhold 10 percent of the Bid amount for the mobilization contract item,
if included, until performance under this section is complete. See 624.04.