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

I 1 Home Office Overhead Compensation by any additional compensation for I 2 3 Overhead included in any direct cost claims being resolved concurrently with any claim for Extended and/or Unabsorbed Home Office Overhead. 4 B. Contractor shall not receive compensation for cost of use of equity capital. I 5 6 1-09.5 Deleted or Terminated Work 7 I 8 Section 1-09.5 is modified to read as follows: 9 1. Payment will be made for the actual number of units of work completed at the unit 10 contract prices unless the Engineer determines the unit prices are inappropriate for 11 the work actually performed. When that determination is made by the Engineer, 12 payment for work performed will be as mutually agreed. If the parties cannot agree 13 the Engineer will determine the amount of the equitable adjustment in accordance I 14 with Section 1-09.4; 15 2. Payment for partially completed lump sum items will be as mutually agreed. If the 16 parties cannot agree, the Engineer will determine the amount of the equitable 17 adjustment in accordance with Section 1-09.4: I18 3. To the extent not paid for by the contract prices for the completed units of work, the 19 Contracting Agency will pay as part of the equitable adjustment those direct costs 20 necessarily and actually incurred by the Contractor in anticipation of performing the 21 work that has been deleted or terminated; 22 4. The total payment for any one item in the case of a deletion or partial termination 23 shall not exceed the bid price as modified by approved change orders less the I 24 estimated cost (including overhead and profit) to complete the work and less any 25 amount paid to the Contractor for the item; 26 The total payment where the contract is terminated in its entirety shall not exceed I 27 28 the total contract price as modified by approved change orders less those amounts paid to the Contractor before the effective date of the termination; and 29 6. No claim for damages of any kind or for loss of anticipated profits on deleted or I 30 terminated work will be allowed because of the termination or change order. 31 32 The Owner's Representative may delete work as provided in Section 1-04.4 Changes or 33 may terminate the Contract in whole or part as provided in Section 1-08.10(2) I 34 Termination for Public Convenience. When the Contract is partially terminated for the 35 Owner's convenience, the partial termination shall be treated as a deductive Change 36 Order for payment purposes under this section. I 37 38 Payment for completed items will be at Contract unit prices or pursuant to the Schedule 39 of Values. I 40 41 When a Change Order deletes any item in whole or in part, or when the Contract is 42 terminated for convenience in whole or in part, payment for deleted or terminated work I 43 will be made as follows: 44 1. Payment will be made for the actual number of units of work completed at the 45 unit Contract Sums unless the Owner's Representative determines the unit I 46 prices are inappropriate for the work actually performed. When the Owner's 47 Representative determines the unit prices are inappropriate for the work actually 48 performed, payment for work performed will be as mutually agreed. If the parties 49 cannot agree, the Owner's Representative will determine the amount of the 50 adjustment of Contract Sum in accordance with section 1-09.4 Equitable 51 Adjustment; 52 2. Payment for partially completed lump sum items will be as mutually agreed. If the I IRIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 79