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City of Everett 00 72 00 - 36 00 72 00 - 36 GENERAL CONDITIONS 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. 2. If the parties cannot agree, the Owner’s Representative will determine the price pursuant to the following order: a. Unit prices, if the Work items are defined by unit prices; and b. 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. 9.5.2 Limitations The following limitations shall apply in determining the amount of an adjustment: 1. 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: (a) borrowing or interest costs, charges, or expenses of Contractor; (b) alleged lost profit or Overhead on any other project; and (c) Contractor’s failure or inability to obtain other work. 2. 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 and accurate records for materials and where such records do not contemporaneously segregate and allocate by time, location and work the time and costs for each item or element of such work. Contractor’s failure to keep and maintain such records constitutes a waiver of any Contract Claim or request by the Contractor for adjustment of Contract Sum for such costs or event. 3. To the extent the Contractor is entitled to an adjustment of Contract Sum due to any Delay or extension of Contract Time, Contractor shall be compensated as provided in 12.4 REMEDIES. Such compensation shall be full, adequate and complete compensation for all direct, indirect, cumulative, inefficiency, impact and ripple costs causing, arising out of, or relating to such delays or extension. 4. Contractor and Owner agree that compensation to the Contractor for a Contract Claim shall not exceed the Contractor’s actual costs based upon Force Account as described in 9.6. FORCE ACCOUNT. Contractor waives, releases, and agrees not to submit any request for adjustment of Contract Sum or Contract Claim based upon a “total cost” or “modified total cost” calculation, in whole or in part, but instead agrees that any and all requests for compensation shall be based upon accurate, complete and contemporaneous cost records that segregate and allocate actual costs (a) between base Contract Work and the work for which additional compensation is sought and (b) between each item of work for which additional compensation is sought. Claims for inefficiency shall only be based on and calculated by a comparison of productivity of similar Work performed in an unaffected or least affected area of the Project. 5. No claim for consequential damages of any kind will be allowed.