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1 <br /> not release the Contractor or its surety from any obligation under the Contract or under the performance ' <br /> bond and payment bond. <br /> 9.2. PAYMENT FOR CHANGES <br /> 9.2.1. Changes in Estimated Quantities of Unit Price Work <br /> Contractor will be paid only for the actual quantities of work performed and accepted in conformance with <br /> the Contract.When the accepted quantities of an item of Unit Price Work vary from the quantities <br /> originally estimated in the Contract Documents, payment will be at the Contract unit prices for accepted <br /> work. If the total quantity of a Unit Price Work item varies by more than twenty-five percent(25%)from <br /> the quantity originally estimated in the Contract Documents, that part of the variance exceeding twenty- <br /> five <br /> percent(25%) may be adjusted as follows: <br /> 9.2.1.1.Increased Quantities <br /> Either party to the Contract will be entitled to renegotiate the price for that portion of the actual quantity in <br /> excess of one hundred Twenty-five percent(125%) of the original bid quantity. The price for increased <br /> quantities will be determined by agreement of the parties, or, where the parties cannot agree, the price <br /> will be determined by the Owner's Representative based upon the actual costs to perform the work, <br /> including reasonable markup for overhead and profit. <br /> 9.2.1.2. Decreased Quantities <br /> Either party to the Contract will be entitled to an adjustment of Contract Sum if the actual quantity of work <br /> performed is less than seventy-five percent(75 %)of the original bid quantity. The adjustment of Contract <br /> Sum in the case of decreased quantities shall be based upon any increase or decrease in costs due <br /> solely to the variation of the estimated quantity. The total payment for any item will be limited to no more <br /> than seventy-five percent(75%) of the amount originally bid for the item. <br /> 9.2.1.3. Limitations <br /> The following limitations shall apply to the adjustment: <br /> 1. 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 performed. <br /> 2. No payment will be made for extended or unabsorbed home office overhead and field overhead <br /> expenses to the extent that there is an unbalanced allocation of such expenses among the <br /> Contract bid items. <br /> 3. No payment for consequential damages or loss of anticipated profits will be allowed because of <br /> any variance in quantities from those originally shown in the proposal form, Contract provision, <br /> and Contract plans. <br /> When ordered by the Owner's Representative, the Contractor shall proceed with the work pending <br /> determinaJon of the adjustment of Contract Sum or Contract Time for the variation in quantities. <br /> The Owner will not adjust for increases or decreases if the Owner has entered the amount for the item in <br /> the proposal form only to provide a common proposal for bidders. <br /> 9.2.2. Changes in Work Not Covered By Unit Prices <br /> Contractor shall be paid for changes in Work not covered by unit prices as provided in section 9.5. <br /> Adjustment of Contract Sum I <br /> 9.2.3. Deleted Work <br /> The Owner's Representative may delete work as provided in Section 6. CHANGES or may terminate the <br /> Contract in whole or part as provided in Section 5.4.2. Termination for Convenience. When the Contract <br /> is partially terminated for the Owner's convenience, the partial termination shall be treated as a deductive <br /> Change Order for payment purposes under this section. <br /> Payment for completed items will be at Contract unit prices or pursuant to the Schedule of Values. , <br /> EVERETT RIVERFRONT SURCHARGE GENERAL CONDITIONS <br /> PHASE 3 <br /> 00710-32 <br />