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CITY OF EVERETT PUBLIC WORKS DOCUMENT 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> ' 1. Either party to the Contract will be entitled to an adjustment of Contract Sum if the actual <br /> quantity of Work performed is less than seventy-five percent (75%) of the original Bid <br /> quantity. The adjustment of Contract Sum in the case of decreased quantities shall be based <br /> ' upon any increase or decrease in costs due solely to the variation of the estimated quantity. <br /> The total payment for any item will be limited to no more than seventy-five percent(75%)of <br /> the amount originally Bid for the item. <br /> D. Limitations <br /> 1. The following limitations shall apply to the adjustment: <br /> a. 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 <br /> performed. <br /> b. No payment will be made for extended or unabsorbed home office Overhead and field <br /> Overhead expenses to the extent that there is an unbalanced allocation of such expenses <br /> among the Contract bid items. <br /> c. No payment for consequential damages or loss of anticipated profits will be allowed <br /> 1 because of variance in quantities from those originally shown in the bid form, Contract <br /> provision,and Drawings. <br /> 2. When ordered by the Owner's Representative, the Contractor shall proceed with the Work <br /> ' pending determination of the adjustment of Contract Sum or Contract Time for the variation <br /> in quantities. <br /> 3. The Owner will not adjust for increases or decreases if the Owner has entered the amount for <br /> ' the item in the bid form only to provide a common Bid for Bidders. <br /> E. Changes in Work Not Covered By Unit Prices <br /> ' 1. Contractor shall be paid for changes in Work not covered by unit prices as provided in 9.5. <br /> Adjustment Of Contract Sum. <br /> F. Deleted Work <br /> 1. The Owner's Representative may delete Work as provided in ARTICLE 6. CHANGES or <br /> may terminate the Contract in whole or part as provided in 5.4.2. Termination for <br /> Convenience. When the Contract is partially terminated for the Owner's convenience, the <br /> partial termination shall be treated as a deductive Change Order for payment purposes under <br /> this section. <br /> 2. Payment for completed items will be at Contract unit prices or pursuant to the Schedule of <br /> Values. <br /> 3. When a Change Order deletes an item in whole or in part,or when the Contract is terminated <br /> for convenience in whole or in part,payment for deleted or terminated Work will be made as <br /> follows: <br /> a. Payment will be made for the actual number of units of Work completed at the unit <br /> contract prices unless the Owner's Representative determines the unit prices are <br /> inappropriate for the Work actually performed. When the Owner's Representative <br /> determines the unit prices are inappropriate for the Work actually performed, payment <br /> for Work performed will be as mutually agreed. If the parties cannot agree,the Owner's <br /> Representative will determine the amount of the adjustment of Contract Sum in <br /> accordance with 9.5. Adjustment Of Contract Sum; <br /> PSO6 REROUTE 007213 -43 <br /> WO NO.—UP3583 MAY 2016 <br />