Laserfiche WebLink
City of Everett 00 72 00 - 38 <br />Port Gardner Storage Facility - Demolition Package WO# UP-3525 <br />00 72 00 - 38 GENERAL CONDITIONS <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 />1. Except as otherwise expressly provided, Contractor will only be paid for costs it clearly and <br />convincingly proves it actually and directly incurred, and shall not include consequential or indirect <br />damages not otherwise expressly permitted by the Contract Documents. Costs and damages for <br />which Owner shall not be liable under any circumstances include, but are not limited to: (a) <br />borrowing or interest costs, charges, or expenses of Contractor; (b) alleged lost profit or Overhead <br />on any other project; and (c) Contractor’s failure or inability to obtain other work. <br />2. No Contract Claim for adjustment of Contract Sum or additional compensation for extra, affected, <br />impacted or inefficient Work will be allowed where the Contractor does not keep and maintain <br />contemporaneous, complete and accurate time records for labor and equipment and <br />contemporaneous, complete and accurate records for materials and where such records do not <br />contemporaneously segregate and allocate by time, location and work the time and costs for each <br />item or element of such work. Contractor’s failure to keep and maintain such records constitutes a <br />waiver of any Contract Claim or request by the Contractor for adjustment of Contract Sum for such <br />costs or event. <br />3. To the extent the Contractor is entitled to an adjustment of Contract Sum due to any Delay or <br />extension of Contract Time, Contractor shall be compensated as provided in 12.4. REMEDIES. <br />Such compensation shall be full, adequate and complete compensation for all direct, indirect, <br />cumulative, inefficiency, impact and ripple costs causing, arising out of, or relating to such delays <br />or extension.