A-1 Landscaping and Construction, Inc. 7/20/2016

I 1 quantity. The adjustment of Contract Sum in the case of decreased quantities shall be I 2 based upon any increase or decrease in costs due solely to the variation of the 3 estimated quantity. The total payment for any item will be limited to no more than 4 seventy-five percent (75 %) of the amount originally bid for the item. L 5 6 1-09.4(1)(C) Limitations 7 The following limitations shall apply to the adjustment: I 8 1. The Equipment rates shall be actual cost but shall not exceed the rates set forth 9 in the AGC/WSDOT Equipment Rental Agreement in effect at the time the work 10 is performed. 11 2. No payment will be made for extended or unabsorbed home office overhead and 12 field overhead expenses to the extent that there is an unbalanced allocation of 13 such expenses among the Contract bid items. 14 3. No payment for consequential damages or loss of anticipated profits will be 15 allowed because of any variance in quantities from those originally shown in the 16 proposal form, Contract provision, and Contract plans. 17 I 18 When ordered by the Owner's Representative, the Contractor shall proceed with the 19 work pending determination of the adjustment of Contract Sum or Contract Time for the 20 variation in quantities. I 21 22 The Owner will not adjust for increases or decreases if the Owner has entered the 23 amount for the item in the proposal form only to provide a common proposal for bidders. II 24 25 1-09.4(2) All Other Adjustments of Contract Sum 26 111 27 Except as otherwise expressly provided in these Contract Documents, any and all 28 adjustments of Contract Sum shall be determined as follows: 29 A. If the parties are able to agree, the price will be determined by using: 30 1. Unit prices, if the work items are defined by unit prices; and I31 2. Other prices agreed upon by the Contractor and Owner for work not 32 defined by unit prices. 33 B. If the parties cannot agree, the Owner's Representative will determine the price I 34 pursuant to the following order: 35 1. Unit prices, if the work items are defined by unit prices; and 36 2. Other means to establish the reasonable cost of the work if it is not 37 defined by unit prices, including, but not limited to, Force Account as 38 described in section 1-09.6 Force Account, the Schedule of Values, or 39 estimating manuals. I 40 41 1-09.4(3) General 42 I 43 The following shall apply in determining the amount of an equitable adjustment of 44 Contract Sum: 45 A. Except as otherwise expressly provided, Contractor will only be paid for costs it clearly 111 46 and convincingly proves it actually and directly incurred, and shall not include 47 consequential or indirect damages not otherwise expressly permitted by the Contract 48 Documents. Costs and damages for which Owner shall not be liable under any 49 circumstances include, but are not limited to: (a) borrowing or interest costs, charges, or I50 expenses of Contractor; (b) alleged lost profit or overhead on any other project; and (c) 51 Contractor's failure or inability to obtain other work. I52 B. No Contract Claim for adjustment of Contract Sum or additional compensation for extra, IRIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 77