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Section 00 72 00 GENERAL CONDITIONS <br /> <br />City of Everett 00 72 00-38 June 2024 <br />WFP Air Scour Blower Building Replacement Issued for Bid <br />UP3813 <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 <br />engineering, inspection, general supervision, right-of-way costs, permit fees, Overhead <br />expenses, and any other ascertainable direct costs to the Owner that are directly chargeable to <br />the Work and which accrue during the period of such extension. The actual costs do not include <br />charges for final inspection and preparation 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 <br />Contract 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 <br />prices. <br />2. If the parties cannot agree, the Owner’s Representative will determine the price pursuant <br />to the 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 <br />prices, including, but not limited to, Force Account as described in 9.6. FORCE <br />ACCOUNT, the 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 <br />indirect damages not otherwise expressly permitted by the Contract Documents. Costs <br />and damages for which Owner shall not be liable under any circumstances include, but <br />are not limited to: (a) borrowing or interest costs, charges, or expenses of Contractor; (b) <br />alleged lost profit or Overhead on any other project; and (c) Contractor’s failure or inability <br />to obtain other work. <br />2. No Contract Claim for adjustment of Contract Sum or additional compensation for extra, <br />affected, impacted or inefficient Work will be allowed where the Contractor does not keep <br />and maintain contemporaneous, complete and accurate time records for labor and <br />equipment and contemporaneous, complete and accurate records for materials and where <br />such records do not contemporaneously segregate and allocate by time, location and work <br />the time and costs for each item or element of such work. Contractor’s failure to keep and <br />maintain such records constitutes a waiver of any Contract Claim or request by the <br />Contractor for adjustment of Contract Sum for such costs or event. <br />3. To the extent the Contractor is entitled to an adjustment of Contract Sum due to any Delay <br />or extension of Contract Time, Contractor shall be compensated as provided in 12.4 <br />REMEDIES. Such compensation shall be full, adequate and complete compensation for <br />all direct, indirect, cumulative, inefficiency, impact and ripple costs causing, arising out of, <br />or relating to such delays or extension. <br />4. Contractor and Owner agree that compensation to the Contractor for a Contract Claim <br />shall not exceed the Contractor’s actual costs based upon Force Account as described in <br />9.6. FORCE ACCOUNT. Contractor waives, releases, and agrees not to submit any