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City of Everett 00 72 00 - 34 <br /> be determined by the Owner's Representative based upon the actual costs to perform the Work, including <br /> reasonable markup for Overhead and profit. <br /> 9.2.1.2. Decreased Quantities <br /> Either party to the Contract will be entitled to an adjustment of Contract Sum if the actual quantity of <br /> Work performed is less than seventy-five percent(75%)of the original Bid quantity.The adjustment of , <br /> Contract Sum in the case of decreased quantities shall be based upon any increase or decrease in costs due <br /> solely to the variation of the estimated quantity.The total payment for any item will be limited to no more <br /> than seventy-five percent(75%)of the amount originally Bid for the item. <br /> 9.2.1.3. Limitations <br /> The following limitations shall apply to the adjustment: <br /> 1. The equipment rates shall be actual cost but shall not exceed the rates set forth in the <br /> AGC/WSDOT Equipment Rental Agreement in effect at the time the Work is performed. <br /> 2. No payment will be made for extended or unabsorbed home office Overhead and field Overhead <br /> expenses to the extent that there is an unbalanced allocation of such expenses among the Contract <br /> bid items. <br /> 3. No payment for consequential damages or loss of anticipated profits will be allowed because of <br /> variance in quantities from those originally shown in the bid form,Contract provision,and <br /> Drawings. <br /> When ordered by the Owner's Representative,the Contractor shall proceed with the Work pending <br /> determination of the adjustment of Contract Sum or Contract Time for the variation in quantities. <br /> The Owner will not adjust for increases or decreases if the Owner has entered the amount for the item in <br /> the bid form only to provide a common Bid for Bidders. ' <br /> 9.2.2. Changes in Work Not Covered By Unit Prices <br /> Contractor shall be paid for changes in Work not covered by unit prices as provided in 9.5. <br /> ADJUSTMENT OF CONTRACT SUM. <br /> 9.2.3. Deleted Work <br /> The Owner's Representative may delete Work as provided in ARTICLE 6.CHANGES or may <br /> terminate the Contract in whole or part as provided in 5.4.2.Termination for Convenience. When the <br /> Contract is partially terminated for the Owner's convenience,the partial termination shall be treated as a <br /> deductive Change Order for payment purposes under this section. <br /> Payment for completed items will be at Contract unit prices or pursuant to the Schedule of Values. <br /> When a Change Order deletes an item in whole or in part,or when the Contract is terminated for <br /> convenience in whole or in part,payment for deleted or terminated Work will be made as follows: 1 <br /> 1. Payment will be made for the actual number of units of Work completed at the unit contract <br /> prices unless the Owner's Representative determines the unit prices are inappropriate for the <br /> Work actually performed.When the Owner's Representative determines the unit prices are <br /> inappropriate for the Work actually performed,payment for Work performed will be as mutually <br /> agreed.If the parties cannot agree,the Owner's Representative will determine the amount of the <br /> adjustment of Contract Sum in accordance with 9.5.ADJUSTMENT OF CONTRACT SUM; <br /> 2. Payment for partially completed lump sum items will be as mutually agreed. If the parties cannot <br /> agree,the Owner's Representative will determine the amount of the adjustment of Contract Sum <br /> in accordance with 9.5.ADJUSTMENT OF CONTRACT SUM; <br /> 3. To the extent not paid for by the Contract Sum for the completed units of Work,the Owner will <br /> pay as part of the adjustment of Contract Sum those direct costs necessarily and actually incurred <br /> 00 72 00 - 34 GENERAL CONDITIONS <br />