Walsh Construction Company II LLC 6/7/2021

observer working more than forty hours in a week. Costs of such overtime or excessive inspection or observation include architecture, engineering, construction management services, inspection, general supervision and Overhead expenses which are directly chargeable to the overtime or excessive work. Contractor agrees that Owner will deduct such charges from payments due the Contractor. In the event the Owner by Change Order requires the Contractor to work in excess of the established schedule of working hours, the Owner will not charge the Contractor for inspection costs associated therewith. 9.4 Compensation to Owner for Time Extension A. The Owner shall be compensated by the Contractor for the actual costs to the Owner of engineering, inspection, general supervision, right-of-way costs, permit fees, Overhead expenses, and any other ascertainable direct costs to the Owner that are directly chargeable to the Work and which accrue during the period of such extension. The actual costs do not include charges for final inspection and preparation of the final payment by the Owner. 9.5 Adjustment of Contract Sum A. Calculation 1. Except as otherwise expressly provided in these General Conditions, any and all adjustments of Contract Sum shall be determined as follows: a. If the parties are able to agree, the price will be determined by using: 1) Unit prices, if the Work items are defined by unit prices; and 2) Other prices agreed upon by the Contractor and Owner for Work not defined by unit prices. b. If the parties cannot agree, the Owner's Representative will determine the price pursuant to the following order: 1) Unit prices, if the Work items are defined by unit prices; and 2) Other means to establish the reasonable cost of the Work if it is not defined by unit prices, including, but not limited to, Force Account as described in 9.6. Force Account, the Schedule of Values, or estimating manuals. B. Limitations 1. The following limitations shall apply in determining the amount of an adjustment: a. Except as otherwise expressly provided, Contractor will only be paid for costs it clearly and convincingly proves it actually and directly incurred, and shall not include consequential or indirect damages not otherwise expressly permitted by the Contract Documents. Costs and damages for which Owner shall not be liable under any circumstances include, but are not limited to: (1) borrowing or interest costs, charges, or expenses of Contractor; (2) alleged lost profit or Overhead on any other project; and (3) Contractor's failure or inability to obtain other work. b. No Contract Claim for adjustment of Contract Sum or additional compensation for extra, affected, impacted or inefficient Work will be allowed where the Contractor does not keep and maintain contemporaneous, complete and accurate time records for labor and equipment and contemporaneous, complete Replacement of Reservoir 2 General Conditions WO# UP3658 00 72 13 - 52