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1 <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.B. Termination for <br /> Convenience. When the Contract is partially terminated for the Owner's convenience, the 111partial 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 /> b. Payment for partially completed lump sum items will be as mutually agreed. If the <br /> 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 /> c. To the extent not paid for by the Contract Sum for the completed units of Work, the <br /> Owner will pay as part of the adjustment of Contract Sum those direct costs necessarily <br /> and actually incurred by the Contractor in reasonable anticipation of performing the <br /> Work that has been deleted or terminated; <br /> d. The total payment for any one item in the case of a deletion or partial termination shall <br /> not exceed the Bid price as modified by approved Change Orders less the estimated <br /> cost, including Overhead and profit, to complete the Work and less any amount paid to <br /> the Contractor for the item; <br /> e. If the entire remainder of the Contract is terminated,the total payment to the Contractor <br /> shall not exceed the total Contract Sum as modified by approved Change Orders less <br /> those amounts paid to the Contractor before the effective date of the termination; and <br /> f. No claim for damages of any kind or for loss of anticipated profits or consequential <br /> damages on deleted or terminated Work will be allowed because of termination or <br /> Change Order. Contract Time shall be adjusted as the parties agree. If the parties cannot <br /> agree,the Owner's Representative will determine the adjustment of Contract Time. <br /> 4. Acceptable materials ordered by the Contractor prior to the date the Work was terminated or <br /> deleted will either be purchased from the Contractor by the Owner at the actual cost and <br /> shall become the property of the Owner, or the Owner will reimburse the Contractor for the <br /> actual costs of returning these materials to the Suppliers. <br /> 5. If Contractor disagrees with the adjustment of Contract Sum determined by the Owner's <br /> Representative, Contractor may submit a Contract Claim for the difference between the <br /> amount determined by the Owner's Representative and the amount sought by the Contractor. <br /> 6. Contractor shall not be entitled to anticipated profits on deleted, terminated, or uncompleted <br /> Work. <br /> PROCESS WATER PUMP STATION 06/13/2017 <br /> 1 <br /> WO-3647 00 72 13 -42 <br />