FLOOD01287

• County: Arapahoe
• Community: Littleton
• Title: 10,000 Trees - Phase Three South Platte Park, Littleton, Colorado
• Date: 10/4/1991
• Prepared For: Littleton
• Prepared By: DHM, Inc.
• Floodplain - Doc Type: Educational/Technical/Reference Information

ation of Work under this subsection. The amount or amounts may in-
clude a reasonable allowance for profit on Work done. However, such
agreed amount or amounts, exclusive of settlement costs, shall not
exceed the total Agreement Price as reduced by the amount of payments
otherwise made and as further reduced by the Agreement Price of the
portion of the Property not terminated. The Contract Documents shall
be amended accordingly, and the Contractor shall be paid the agreed
amount. Nothing in this paragraph prescribing the amount to be paid
to the Contractor .in the event of the failure of the Contractor and
the Owner to agree upon the whole amount to be paid to the Contractor
because of termination of Work under this Section, shall be deemed to,
limit, restrict, or otherwise determine or affect the amount or amounts
which may be agreed upon to be paid to the Contractor pursuant to this
paragraph.

E.

If the Contractor and the Owner fail to agree on the whole amount to be
paid to the Contractor because of the termination of Work under this
section, the Owner shall determine, on the basis of information avail-
able to him, the amount, if any, due to the Contract by reason of the
termination and shall pay the Contractor the amounts determined as
follows:

1. For all Contract Work performed before the effective date of the
Notice of Termination the total (without duplication of any
items) of:

a.

The cost of such Work.

b.

The cost of settling and paying claims arising out of the
termination of Work under subcontracts or orders as para-
graph 15.04.B.3 above provides. This cost is exclusive of
the amounts paid or payable on account of supplies or
materials delivered or services furnished by the Subcontrac..
tor before the effective date of the Notice of Termination.
These amounts shall be included in the cost on account of
which payment is made.

c. A sum, as profit, that the Owner and Contractor determine
to be fair and reasonable. But, if it appears that the
Contractor would have sustained a loss on the entire Pro-
ject had it been completed, no profit shall be included or
allowed under this paragraph and an appropriate adjustment
shall be made reducing the amount of the settlement to
reflect the indicated rate of loss.

2.

The reasonable cost of the preservation and protection of propert.y
incurred and any other reasonable costs incidental to termination
of the Work under the Contract Documents, including expense inci--
dental to the determination of the amount due to the Contractor
as a result of the termination of Work under the Contract Docu-
ments. The total sum to be paid to the Contractor shall not ex-
ceed the total Agreement Price as reduced by the amount of pay-
ments otherwise made and as further reduced by the Agreement Pric:e
or Work not terminated. Except for normal spoilage, and except
to the extent that the Owner shall have otherwise expressly assu~ed

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