Absher/Stellar J Joint Venture 12/8/2025

City of Everett 00 72 00 - 38 Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 00 72 00 - 38 GENERAL CONDITIONS 4. The total payment for any one item in the case of a deletion or partial termination shall not exceed the Bid price as modified by approved Change Orders less the estimated cost, including Overhead and profit, to complete the Work and less any amount paid to the Contractor for the item; 5. If the entire remainder of the Contract is terminated, the total payment to the Contractor shall not exceed the total Contract Sum as modified by approved Change Orders less those amounts paid to the Contractor before the effective date of the termination; and 6. No claim for damages of any kind or for loss of anticipated profits or consequential damages on deleted or terminated Work will be allowed because of termination or Change Order. Contract Time shall be adjusted as the parties agree. If the parties cannot agree, the Owner’s Representative will determine the adjustment of Contract Time. Acceptable materials ordered by the Contractor prior to the date the Work was terminated or deleted will either be purchased from the Contractor by the Owner at the actual cost and shall become the property of the Owner, or the Owner will reimburse the Contractor for the actual costs of returning these materials to the Suppliers. 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. Contractor shall not be entitled to anticipated profits on deleted, terminated, or uncompleted Work. 9.3. CHARGES TO CONTRACTOR 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. 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 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 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 9.5.1 Calculation Except as otherwise expressly provided in these General Conditions, any and all adjustments of Contract Sum shall be determined as follows: 1. If the parties are able to agree, the price will be determined by using: a. Unit prices, if the Work items are defined by unit prices; and b. Other prices agreed upon by the Contractor and Owner for Work not defined by unit prices.