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City of Everett 00 72 00 - 37 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 72 00 - 37 GENERAL CONDITIONS <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: <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 />by the Contractor in reasonable anticipation of performing the Work that has been deleted or <br />terminated;