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City of Everett 00 7200 - 34 <br /> 2021 Biosolids and Backwash Solids Removal UT 3752-1 / 20 <br /> Acceptable materials ordered by the Contractor prior to the date the Work was terminated or deleted will <br /> either be purchased from the Contractor by the Owner at the actual cost and shall become the property of <br /> the Owner, or the Owner will reimburse the Contractor for the actual costs of returning these materials to <br /> the Suppliers. <br /> If Contractor disagrees with the adjustment of Contract Sum determined by the Owner's Representative, <br /> Contractor may submit a Contract Claim for the difference between the amount determined by the <br /> Owner's Representative and the amount sought by the Contractor. <br /> Contractor shall not be entitled to anticipated profits on deleted,terminated, or uncompleted Work. <br /> 9.3. CHARGES TO CONTRACTOR <br /> The Contractor shall pay the Owner on demand everything charged to it under the terms of this Contract. <br /> Such charges may be deducted by the Owner from money due or to become due to the Contractor under <br /> the Contract. The Owner may recover such charges from the Contractor or from its surety. <br /> Contractor agrees to pay the costs of overtime or excessive inspection and observation costs incurred by <br /> the Owner. Overtime inspection shall include inspection required during Saturdays, Sundays, City <br /> holidays and weekdays, in excess of 40 hours per week or outside of normal working hours and <br /> inspections or observations that result in an inspector or observer working more than forty hours in a <br /> week. Costs of such overtime or excessive inspection or observation include architecture, engineering, <br /> construction management services, inspection, general supervision and Overhead expenses which are <br /> directly chargeable to the overtime or excessive work. Contractor agrees that Owner will deduct such <br /> charges from payments due the Contractor. In the event the Owner by Change Order requires the <br /> Contractor to work in excess of the established schedule of working hours, the Owner will not charge the <br /> Contractor for inspection costs associated therewith. <br /> 9.4. COMPENSATION TO OWNER FOR TIME EXTENSION <br /> The Owner shall be compensated by the Contractor for the actual costs to the Owner of engineering, <br /> inspection, general supervision,right-of-way costs,permit fees, Overhead expenses,and any other <br /> ascertainable direct costs to the Owner that are directly chargeable to the Work and which accrue during <br /> the period of such extension. The actual costs do not include charges for final inspection and preparation <br /> of the final payment by the Owner. <br /> 9.5. ADJUSTMENT OF CONTRACT SUM <br /> 9.5.1 Calculation <br /> Except as otherwise expressly provided in these General Conditions, any and all adjustments of Contract <br /> Sum shall be determined as follows: <br /> 1. If the parties are able to agree,the price will be determined by using: <br /> a. Unit prices, if the Work items are defined by unit prices; and <br /> b. Other prices agreed upon by the Contractor and Owner for Work not defined by unit prices. <br /> 2. If the parties cannot agree,the Owner's Representative will determine the price pursuant to the <br /> following order: <br /> a. Unit prices, if the Work items are defined by unit prices; and <br /> b. Other means to establish the reasonable cost of the Work if it is not defined by unit prices, <br /> including,but not limited to, Force Account as described in 9.6. FORCE ACCOUNT,the <br /> Schedule of Values, or estimating manuals. <br /> 9.5.2 Limitations <br /> The following limitations shall apply in determining the amount of an adjustment: <br /> 00 7200 - 34 GENERAL CONDITIONS <br />