Permissible Changes in Scope of Work for Construction Contracts (2015) / Chapter Skim
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Pages 12-26
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From page 12... ...
12 unanticipated site conditions. The adoption of broad changes clauses enables contractors to reduce, if not eliminate, bid contingencies, recognizing that the contract provides effective adjustment mechanisms to address unanticipated site conditions or other changes in the work.
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13 greater than $50,000 with one supplier within the fiscal year unless the purchase is made by competitive selection or with the approval of the Controlling Board. The ORC also provides that the Controlling Board may approve the purchase without competitive bidding if it determines an emergency exists or there is a significant economic reason.
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14 bidding process or the director's emergency contracting authority. Construction or lower costs are not valid reasons to avoid competitive bidding requirements of state law.
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15 such contract exceeds fifty thousand dollars…in amount it shall be approved by the comptroller and filed in his or her office." In addition, if federal funds are involved, approval of FHWA is also required. NYSDOT contract provisions contain numerous contract modification provisions, which include: 2.
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16 104-04 SIGNIFICANT CHANGES IN THE CHARACTER OF WORK. NYSDOT has incorporated the federal significant change provisions and supplements with adjustment provisions for lump sum items, certain composite items, and fixed quantity items.
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17 the quantity of a Minor Item to more than 200% of the original contract quantity and (2) results in an increase of more than $1,000 from the original contract amount.
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18 and the work is within the scope of the contract and that decisions have been made in accordance with approved department process and procedures. The multilayered approach ensures that proper documentation is presented and appropriate procedures and processes have been followed.
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19 for RIDOT bidding procedures and documentation. (Hereinafter the RI DOA regulations governing RIDOT will be referred to as "DOA Section 12.")
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20 will be allowed under this clause for any effects caused on unchanged work.
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21 item deemed necessary to satisfactorily complete the Project." 4. Administrative Approval Process RIDOT has a Policy and Procedure for Change Orders.
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22 delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from a contractor, or upon its own initiative, the contracting authority shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans or indicated in the contract documents or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the plans and contract documents and are of such a nature as to cause an increase or decrease in the cost of performance of the work or a change in the construction methods required for the performance of the work which results in an increase or decrease in the cost of the work, the contracting authority shall make an equitable adjustment in the contract price and the contract shall be modified in writing accordingly.
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23 4. Administrative Approval Process MassDOT Highway Division uses Standard Operating Procedure (SOP)
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24 included in the Contract according to the Contract or as directed by the Engineer whenever it is deemed necessary or desirable by the Engineer in order to complete the work as contemplated; payment will be made pursuant to Subsection 109.06.
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25 or would be of considerable importance to future maintenance and public safety. Further changes considered a "nicety" must be carefully weighed in terms of added costs to the project and delays to the contractor.69 The questions that need to be answered and discussed include: s )
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