60D-5.0092. Changes in the Contract

(1) The contractor’s performance of work necessary to complete a project is specified and described in the bidding and contract documents. Should conditions alter the nature and extent of the work specified and described in the bidding and contract documents, and the alteration of such conditions causes greater or less cost and expense or time to perform the work required to complete the project as specified or described and planned to be incurred in the contractor’s successful bid, an adjustment shall be made by means of a change order to the contract time and/or contract amount.

(2) All adjustments to the contract amount resulting from a change in the work shall be determined by the measure of actual or estimated as the case may be, out-of-pocket costs and expenses incurred or avoided by the contractor for labor, materials, equipment, equipment rental, and overhead and profit thereon, for performing the changed work, or not performing the work.

(3) It is in the best interest of the state that the project contractor perform changes in the work and that bidding not be required (a) if the contractor’s performance and capability remain satisfactory at the time of a proposed change order and (b) if the change is within the general scope of the contract and the contract contains a method of calculating overhead and profit caused by change orders, or (c) if the change will reduce either the scope or size of the project or the contract price, or (d) if the change is an integral part of the project and is necessary to correct an unanticipated condition which is necessary to permit the construction to continue and the contractor will agree to a reasonable negotiated increase in the contract price. The Agency shall make a determination of the best interest of the state on the basis of these criteria for each proposed change in the work.

Specific Authority 255.29, 255.30(1) FS. Law Implemented 255.29, 255.30(1) FS. History–New 11-5-91, Formerly 13D-11.0092.