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City of Everett 00 72 00 - 36 <br />Port Gardner Storage Facility - Demolition Package WO# UP-3525 <br />00 72 00 - 36 GENERAL CONDITIONS <br />9.2. PAYMENT FOR CHANGES <br />9.2.1. Changes in Estimated Quantities of Unit Price Work <br />Contractor will be paid only for the actual quantities of Work performed and accepted in conformance <br />with the Contract. When the accepted quantities of an item of Unit Price Work vary from the quantities <br />originally estimated in the Contract Documents, payment will be at the Contract unit prices for accepted <br />Work. If the total quantity of a Unit Price Work item varies by more than twenty-five percent (25%) from <br />the quantity originally estimated in the Contract Documents, that part of the variance exceeding twenty- <br />five percent (25%) may be adjusted as follows: <br />9.2.1.1. Increased Quantities <br />Either party to the Contract will be entitled to renegotiate the price for that portion of the actual quantity <br />in excess of one hundred twenty-five percent (125%) of the original Bid quantity. The price for increased <br />quantities will be determined by agreement of the parties, or, where the parties cannot agree, the price will <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.