Ohio § 5525.14

§ 5525.14.

(A) Notwithstanding sections 125.01 to 125.11 of the Revised Code , the director of transportation, by written instruction to the contractor, may increase

the quantities of any item specified or not specified in a competitively bid construction

contract but, except as provided in division (B) of this section, the additional cost

incurred by the increase shall not exceed the lesser of one hundred thousand dollars

or five per cent of the total contract price.  Any such provision for increased quantities or extra work shall be made in the form

of a written change to the original contract and does not require competitive bidding. (B) The monetary threshold established in division (A) of this section does not apply

to change orders or extra work contracts when the total dollar amount of the increase

is fifty thousand dollars or less, or to change orders or extra work contracts resulting

from any of the following: (1) An increase in the plan quantity that is determined during the final measurement

of an item of work. (2) Federally mandated requirements that did not exist at the time of the original contract

award. (3) Circumstances that would create a life-, safety-, or health-threatening situation

or would unduly delay the completion of a project and increase its costs, but only

if the director makes a finding of such fact, declares an emergency, and issues the

finding.  Extra work that the director contracts for in these circumstances may include not

only construction needed to complete a project, but also adjustments needed to meet

changed conditions, alterations in original plans, unforeseen contingencies, or payments

necessitated by contract terminations or suspensions. All change orders or extra work contracts set forth in division (B) of this section

shall be reported to the controlling board quarterly in writing. (C) The director, by written instruction to the contractor, may decrease or cancel the

quantity of any item specified in a contract or portion of a contract and authorize

payment to the contractor for reasonable costs incurred to date.