Faber Construction Corporation 1/10/2019

City of Everett 00 7200- 32 1 Evergreen Branch Library Expansion 2017-008 the quantity originally estimated in the Contract Documents,that part of the variance exceeding twenty- five percent(25%)may be adjusted as follows: 9.2.1.1. Increased Quantities Either party to the Contract will be entitled to renegotiate the price for that portion of the actual quantity in excess of one hundred twenty-five percent(125%)of the original Bid quantity. The price for increased quantities will be determined by agreement of the parties,or,where the parties cannot agree,the price will be determined by the Owner's Representative based upon the actual costs to perform the Work, including reasonable markup for Overhead and profit. 9.2.1.2. Decreased Quantities , Either party to the Contract will be entitled to an adjustment of Contract Sum if the actual quantity of Work performed is less than seventy-five percent(75%) of the original Bid quantity. The adjustment of Contract Sum in the case of decreased quantities shall be based upon any increase or decrease in costs due solely to the variation of the estimated quantity. The total payment for any item will be limited to no more than seventy-five percent(75%)of the amount originally Bid for the item. 9.2.1.3. Limitations I The following limitations shall apply to the adjustment: 1. The equipment rates shall be actual cost but shall not exceed the rates set forth in the AGC/WSDOT Equipment Rental Agreement in effect at the time the Work is performed. 2. No payment will be made for extended or unabsorbed home office Overhead and field Overhead expenses to the extent that there is an unbalanced allocation of such expenses among the Contract bid items. 3. No payment for consequential damages or loss of anticipated profits will be allowed because of variance in quantities from those originally shown in the bid form, Contract provision,and Drawings. When ordered by the Owner's Representative,the Contractor shall proceed with the Work pending determination of the adjustment of Contract Sum or Contract Time for the variation in quantities. The Owner will not adjust for increases or decreases if the Owner has entered the amount for the item in the bid form only to provide a common Bid for Bidders. 9.2.2. Changes in Work Not Covered By Unit Prices 111 Contractor shall be paid for changes in Work not covered by unit prices as provided in 9.5. ADJUSTMENT OF CONTRACT SUM. 9.2.3. Deleted Work The Owner's Representative may delete Work as provided in 6. CHANGES or may terminate the Contract in whole or part as provided in 5.4.2. Termination for Convenience. When the Contract is partially terminated for the Owner's convenience,the partial termination shall be treated as a deductive Change Order for payment purposes under this section. Payment for completed items will be at Contract unit prices or pursuant to the Schedule of Values. ' When a Change Order deletes an item in whole or in part, or when the Contract is terminated for convenience in whole or in part,payment for deleted or terminated Work will be made as follows: 1. Payment will be made for the actual number of units of Work completed at the unit contract prices unless the Owner's Representative determines the unit prices are inappropriate for the Work actually performed.When the Owner's Representative determines the unit prices are inappropriate for the Work actually performed,payment for Work performed will be as mutually agreed.If the parties cannot agree,the Owner's Representative will determine the amount of the adjustment of Contract Sum in accordance with 9.5.ADJUSTMENT OF CONTRACT SUM; 00 7200 - 32 GENERAL CONDITIONS