Significant Changes in the Character of the Work. The Engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the Project. Such changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the work as altered. Unless such alterations and increases or decreases materially change the character of the work to be performed or the cost thereof, the altered work shall be paid for at the same unit prices as other parts of the work. If, however, the character of the work or the unit cost thereof is materially changed, an allowance shall be made on such basis as may have been agreed to in advance of the performance of the work. In case no such basis has been previously agreed upon, then an allowance shall be made, either for or against the Contractor, in an amount as the Engineer may determine to be fair and equitable. Material change of the character of the work to be performed or the cost thereof as used herein means an increase or decrease in quantities over or under the plan quantities amounting to an aggregate increase or decrease to the original Total Contract Amount of twenty- five percent (25%) or more. The Unit Price for each of the listed items in the Bid Proposal shall include its prorated share of overhead, so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total Bid. The special attention of all bidders is called to this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities. No adjustment to unit prices will be allowed, provided the net monetary value of all such additive and subtractive changes in quantities of such items of work (i.e., difference in cost) does not increase or decrease the original Total Contract Amount by more than twenty-five percent (25%). The County may make changes in the scope of the work required to be performed by the Contractor under this Contract by making additions thereto, or by omitting work therefrom, without invalidating the Contract, and without relieving or releasing the Contractor from any obligations under the Contract or any guarantee given by the Contractor pursuant to the Contract provisions, and without affecting the validity of the bonds, provided that the total net amount of the changes does not change t...
Significant Changes in the Character of the Work. Circumstances for Significant Change
Significant Changes in the Character of the Work. The Project Manager reserves the right to make, in writing, at any time during the Work, modifications in quantity and alterations to the Work as are necessary to satisfactorily complete the Project. “Significant change” applies only to modifications or alterations that:
1. Materially changes, in kind or nature, the character of the Work including the Critical Path from that which was previously involved or included in the original proposed construction. When the character of the Work is materially changed in kind or nature then the Project Manager and the Contractor shall agree upon the adjustment prior to the Contractor’s performance of the Work. If an agreement is reached, the Project Manager will make an adjustment to the Contract which excludes anticipated profit. If an agreement is not reached, the Project Manager will direct the Contractor to perform the Work. The Project Manager and the Contractor will track the costs in accordance with 109.6, “Force Account.”
2. A Major Item of Work, as defined elsewhere in the Contract, has increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. The Project Manager and the Contractor may negotiate adjustments to the Contract when it is discovered that a Major Contract Item of Work, as defined elsewhere in the Contract, has increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original Contract Item quantity. In the case of a decrease below 75 percent, the allowance will apply to the actual amount of work performed. For quantities below 75 percent, before an adjustment is made, the Contractor shall provide documents, including invoices, to the Project Manager justifying the requested adjustment price. If the final quantities are reestablished to be within the thresholds of 75% to 125% of the original item quantity then the original Bid Item Price applies.
3. Affects Work performed under a Subcontract, as solely determined by the Project Manager. The Project Manager will make adjustments if the Contractor demonstrates that the change adversely affects the Subcontractor’s Work. The T/LPA shall not consider customary increases or decreases in quantities necessary to complete the Work changed by the Contractor’s schedule of operations, the Contractor’s planning of the Work, or unscheduled mobilizations.
