IMCO General Construction, Inc. 6/10/2024

9.2.1.3. Limitations The following limitations shall apply to the adjustment: 1. The equipment rates shall be actual cost but shall not exceed the rates set forth in the AGC/WSDOT Equipment Rental Agreement in effect at the time the Work is performed. 2. No payment will be made for extended or unabsorbed home office Overhead and field Overhead expenses to the extent that there is an unbalanced allocation of such expenses among the Contract bid items. 3. No payment for consequential damages or loss of anticipated profits will be allowed because of variance in quantities from those originally shown in the bid form, Contract provision, and Drawings. When ordered by the Owner's Representative, the Contractor shall proceed with the Work pending determination of the adjustment of Contract Sum or Contract Time for the variation in quantities. The Owner will not adjust for increases or decreases if the Owner has entered the amount for the item in the bid form only to provide a common Bid for Bidders. 9.2.2. Changes in Work Not Covered By Unit Prices Contractor shall be paid for changes in Work not covered by unit prices as provided in 9.5. ADJUSTMENT OF CONTRACT SUM. 9.2.3. Deleted Work The Owner's Representative may delete Work as provided in ARTICLE 6. CHANGES or may terminate the Contract in whole or part as provided in 5.4.2. Termination for Convenience. When the Contract is partially terminated for the Owner's convenience, the partial termination shall be treated as a deductive Change Order for payment purposes under this section. Payment for completed items will be at Contract unit prices or pursuant to the Schedule of Values. When a Change Order deletes an item in whole or in part, or when the Contract is terminated for convenience in whole or in part, payment for deleted or terminated Work will be made as follows: 1. Payment will be made for the actual number of units of Work completed at the unit contract prices unless the Owner's Representative determines the unit prices are inappropriate for the Work actually performed. When the Owner's Representative determines the unit prices are inappropriate for the Work actually performed, payment for Work performed will be as mutually agreed. If the parties cannot agree, the Owner's Representative will determine the amount of the adjustment of Contract Sum in accordance with 9.5. ADJUSTMENT OF CONTRACT SUM; 2. Payment for partially completed lump sum items will be as mutually agreed. If the parties cannot agree, the Owner's Representative will determine the amount of the adjustment of Contract Sum in accordance with 9.5. ADJUSTMENT OF CONTRACT SUM; 3. To the extent not paid for by the Contract Sum for the completed units of Work, the Owner will pay as part of the adjustment of Contract Sum those direct costs necessarily and actually incurred by the Contractor in reasonable anticipation of performing the Work that has been deleted or terminated; 4. The total payment for any one item in the case of a deletion or partial termination shall not exceed the Bid price as modified by approved Change Orders less the estimated cost, including Overhead and profit, to complete the Work and less any amount paid to the Contractor for the item; 5. If the entire remainder of the Contract is terminated, the total payment to the Contractor shall not exceed the total Contract Sum as modified by approved Change Orders less those amounts paid to the Contractor before the effective date of the termination; and 6. No claim for damages of any kind or for loss of anticipated profits or consequential damages on deleted or terminated Work will be allowed because of termination or Change Order. Contract Reservoir 3 Replacement Phase 1 Work Order No. UP3739 00 72 00 GENERAL CONDITIONS March 2024