4-3.1 General: The Engineer reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. Such increases, decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the performance and payment bond. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the Contract. The term “significant change” applies only when: (a) The Engineer determines that the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or (b) A Major Item of Work, is increased in excess of 125% or decreased below 75% of the original Contract quantity. The County will apply any price adjustment for an increase in quantity only to that portion in excess of 125% of the original Contract item quantity in accordance with 4-3.2 below. In the case of a decrease below 75% the County will only apply a price adjustment for the additional costs that are a direct result of the reduction in quantity.
