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 104.02.G 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 104.02.G.

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 alterations or changes in quantities significantly change the character of the Work under the Contract, whether such 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 anticipated profit, will be made to the Contract.  Before performing significantly changed Work, reach agreement with the Department concerning the basis for the adjustment.  If the Contractor disagrees as to whether an alteration constitutes a significant change, use the notification procedures specified in 104.02.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.  If the increase does not exceed the limits set forth in Table 104.02-1, then the Department will pay for the increased Work at the bid unit price.

Table 104.02-1

Contract Price

Contract Limits

Up to $500,000


$500,001 to $2,000,000

5% of Total Contract Price

Over $2,000,000



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 then $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.

Table 104.02-2

% Decrease


% Decrease


25 to 28




29 to 32




33 to 35




36 to 38




39 to 41




42 to 44




45 to 47




48 to 50




51 to 53




54 to 56




57 to 59






72 and over



E.      Eliminated Items.  The Department may partially or completely eliminate contract items.

The Department will make an adjustment to compensate the Contractor for the reasonable cost incurred in preparation to perform the eliminated Work prior to the date of the Engineer’s written order eliminating 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.      Contractor Notification.

1.      Contractor Initial Oral Notification.  Provide immediate oral notification to the Engineer upon discovering a circumstance that may require a revision to the Contract Documents or may result in a dispute.  Upon notification, the Engineer will attempt to resolve the identified issue as quickly as possible.

2.      Contractor Written Early Notice.  If the Engineer has not resolved the identified issue within 2 workdays after receipt of the oral notification, provide a written notice of any circumstance that may require a revision to the Contract Documents or may result in a dispute.  This early notice must be given by the end of the second workday following the occurrence of the circumstance.  The Engineer and Contractor shall maintain records of labor, equipment, and materials used on the disputed work or made necessary by the circumstance.  Such records shall start when early notice is received by the Engineer.

3.      Continuation of Work.  The Contractor shall continue with all Work, including that for which notice has been given. The Department will continue to pay for Work.

4.      No Contract Adjustment Without Notification.  The Department will not make the adjustments allowed by 104.02.B, 104.02.C, and 104.02.D if the Contractor did not give notice as specified in 104.02.G.  This provision does not apply to adjustments provided in Table 104.02-2.

H.      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 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.