If the time for awarding the contract is extended by mutual consent or if the City or its representative fails to issue a timely notice to proceed as required by § 209.02, the City or its representative may issue a change order authorizing delay costs to the contractor, which does not invalidate the contract. The amount of such a change order to the City shall be determined in accordance with the provisions of the contract for change orders or force accounts or, if no such provision is set forth in the contract, the cost to the City shall be the contractor’s actual costs, including wages, labor costs other than wages, wage taxes, materials, equipment costs and rentals, insurance and subcontracts attributable to the delay, plus a reasonable sum for overhead. In the event of a dispute between the City and the contractor concerning such change order, procedures shall be commenced under the applicable terms of the contract or, if the contract contains no provision for resolving the dispute, it shall be resolved pursuant to the procedures for arbitration in Ohio R.C. Chapter 2711.
(Ord. O80-111, passed 6-17-1980)