Common use of ADJUSTMENTS TO CONTRACT SUM OR QUANTITIES Clause in Contracts

ADJUSTMENTS TO CONTRACT SUM OR QUANTITIES. 6.3.1 For a decrease greater than 20 percent in either the CONTRACT SUM, excluding the XXXXXXX allowance, or the total cost of a major item and when a reasonable cost analysis supports an increase in the pro rata share of fixed cost chargeable to this item in total, an increase adjustment in the monies due the CONTRACTOR may be made. This adjusted compensation will not exceed 80 percent of the original CONTRACT SUM, excluding the XXXXXXX allowance, or, if for a unit price item, the adjustment will not exceed 80 percent of the original extended unit price. This does not apply to items labeled as contingent items in the CONTRACT DOCUMENTS. 6.3.2 For an increase greater than 20 percent in either the CONTRACT SUM, excluding the XXXXXXX allowance, or the total cost of a major item, any adjustment made will only apply to that cost in excess of 120 percent of the original CONTRACT SUM, excluding the XXXXXXX allowance, or, in the case of a major item, in excess of 120 percent of the original proposed extended unit price. If either party presents a reasonable cost analysis that shows a change in the pro rata share of fixed costs chargeable to this item in total, an increase or decrease adjustment will be made. This increase or decrease adjustment will be made on such basis as is necessary to cover a reasonable estimate of cost, plus an allowance, not to exceed 15 percent, for overhead and profit. If the parties are unable to reach an agreement, the ENGINEER has the authority to order the excess work done on an actual cost basis.

ADJUSTMENTS TO CONTRACT SUM OR QUANTITIES. 6.3.1 For a decrease greater than 20 percent in either the CONTRACT SUM, excluding the XXXXXXX allowance, or the total cost of a major item and when a reasonable cost analysis supports an increase in the pro rata share of fixed cost chargeable to this item in total, an increase adjustment in the monies due the CONTRACTOR may be made. This adjusted compensation will not exceed 80 percent of the original CONTRACT SUM, excluding the XXXXXXX allowance, or, if for a unit price item, the adjustment will not exceed 80 percent of the original extended unit price. This does not apply to items labeled as contingent items in the CONTRACT DOCUMENTS. 6.3.2 For an increase greater than 20 percent in either the CONTRACT SUM, excluding the XXXXXXX allowance, or the total cost of a major item, any adjustment made will only apply to that cost in excess of 120 percent of the original CONTRACT SUM, excluding the XXXXXXX allowance, or, in the case of a major item, in excess of 120 percent of the original proposed extended unit price. If either party presents a reasonable cost analysis that shows a change in the pro rata share of fixed costs chargeable to this item in total, an increase or decrease adjustment will be made. This increase or decrease adjustment will be made on such basis as is necessary to cover a reasonable estimate of cost, plus an allowance, not to exceed 15 percent, for overhead and profit. If the parties are unable to reach an agreement, the ENGINEER has the authority to order the excess work done on an actual cost basis. 6.3.3 For either an increase or decrease in cost, no claim shall be made by the CONTRACTOR for any loss of anticipated profits. 6.3.4 For purposes of this Paragraph 6.3, a “major item” is determined as follows: Original Contract Amount Dollar Value of Major Item $0.00 to $1,000,000 $50,000 or 10% of original contract amount, whichever is less $1,000,000.00 to $5,000,000.00 5.0% of original contract amount $5,000,000.00 or greater $250,000.00 or 2.5% of original contract amount, whichever is greater.