Walsh Construction Company II LLC 6/7/2021

reimburse the Contractor for the actual costs of returning these materials to the Suppliers. 5. If Contractor disagrees with the adjustment of Contract Sum determined by the Owner's Representative, Contractor may submit a Contract Claim for the difference between the amount determined by the Owner's Representative and the amount sought by the Contractor. 6. Contractor shall not be entitled to anticipated profits on deleted, terminated, or uncompleted Work. D. COVID-19 Adjustments 1. Contractor's Bid includes all costs necessary for the duration of the Work for compliance with Baseline COVID-19 Requirements. Contractor's Bid takes into account that Baseline COVID-19 Requirements may create direct and indirect costs, including inefficiency and Delay. 2. Contractor shall have no entitlement to an equitable adjustment or other increase to the Contract Sum for any direct or indirect costs (including without limitation Delay, cumulative impact, inefficiency or ripple costs) incurred by the Contractor to comply with the Baseline COVID-19 Requirements or any COVID-19 Requirements applicable to the Work after Bid opening that are equal to or less stringent than the Baseline COVID-19 Requirements. 3. If COVID-19 Requirements applicable to the Work at any time after Bid opening are more stringent than Baseline COVID-19 Requirements, then equitable adjustment, if any, will be in accordance with 9.2 Payment for Changes, Article 13 Disputes, 12.4.C.4 Third Party Caused Delays and Force Majeure, and any other relevant provision in the Contract Documents. 4. If COVID-19 Requirements applicable to the Work at any time after Bid opening are less stringent than Baseline COVID-19 Requirements, then the City is entitled to a deductive change order that deducts from the Contract Sum at least 50% of the Contractor's savings from those less stringent COVID-19 Requirements. Unless otherwise agreed by the City in writing, the amount of the deductive change order will be agreed upon prior to Contractor implementing the less stringent COVID-19 Requirements. 9.3 Charges to Contractor A. The Contractor shall pay the Owner on demand everything charged to it under the terms of this Contract. Such charges may be deducted by the Owner from money due or to become due to the Contractor under the Contract. The Owner may recover such charges from the Contractor or from its surety. B. Contractor agrees to pay the costs of overtime or excessive inspection and observation costs incurred by the Owner. Overtime inspection shall include inspection required during Saturdays, Sundays, City holidays and weekdays, in excess of 40 hours per week or outside of normal working hours and inspections or observations that result in an inspector or Replacement of Reservoir 2 General Conditions WO# UP3658 007213 - 51