SECTION 4
SCOPE OF WORK
19
executed contract change order specifying the compensation to be paid, the
compensation payable to the Contractor will be determined in accordance with
Sections 4-1.03B(1), 4-1.03B(2), or 4-1.03B(3), as the case may be.
4-1.03B(1) Increases of More Than 25 Percent
• Should the total pay quantity of any item of work required under the contract
exceed the Engineer's Estimate therefor by more than 25 percent, the work in
excess of 125 percent of the estimate and not covered by an executed contract
change order specifying the compensation to be paid therefor will be paid for by
adjusting the contract unit price, as hereinafter provided, or at the option of the
Engineer, payment for the work involved in the excess will be made on the basis of
force account as provided in Section 9-1.03.
• The adjustment of the contract unit price will be the difference between the
contract unit price and the actual unit cost, which will be determined as hereinafter
provided, of the total pay quantity of the item. If the costs applicable to the item of
work include fixed costs, the fixed costs will be deemed to have been recovered by
the Contractor by the payments made for 125 percent of the Engineer's Estimate of
the quantity for the item, and in computing the actual unit cost, the fixed costs will
be excluded. Subject to the above provisions, the actual unit cost will be
determined by the Engineer in the same manner as if the work were to be paid for
on a force account basis as provided in Section 9-1.03; or the adjustment will be as
agreed to by the Contractor and the Engineer.
• When the compensation payable for the number of units of an item of work
performed in excess of 125 percent of the Engineer's Estimate is less than $5,000 at
the applicable contract unit price, the Engineer reserves the right to make no
adjustment in the contract unit price if the Engineer so elects, except that an
adjustment will be made if requested in writing by the Contractor.
4-1.03B(2) Decreases of More Than 25 Percent
• Should the total pay quantity of any item of work required under the contract
be less than 75 percent of the Engineer's Estimate therefor, an adjustment in
compensation pursuant to this Section will not be made unless the Contractor so
requests in writing. If the Contractor so requests, the quantity of the item
performed, unless covered by an executed contract change order specifying the
compensation payable therefor, will be paid for by adjusting the contract unit price
as hereinafter provided, or at the option of the Engineer, payment for the quantity
of the work of the item performed will be made on the basis of force account as
provided in Section 9-1.03, provided however, that in no case shall the payment for
that work be less than that which would be made at the contract unit price.
• The adjustment of the contract unit price will be the difference between the
contract unit price and the actual unit cost, which will be determined as hereinafter
provided, of the total pay quantity of the item, including fixed costs. The actual
unit cost will be determined by the Engineer in the same manner as if the work
were to be paid for on a force account basis as provided in Section 9-1.03; or the
adjustment will be as agreed to by the Contractor and the Engineer.
• The payment for the total pay quantity of the item of work will in no case
exceed the payment which would be made for the performance of 75 percent of the
Engineer's Estimate of the quantity for the item at the original contract unit price.



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