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City of Everett 00 72 00 - 35 <br />PGSF WMVD Storm and Combined Sewer - Construction Package 2 WO# UP-3815-02 <br /> <br /> <br />00 72 00 - 35 GENERAL CONDITIONS <br />the Owner, or the Owner will reimburse the Contractor for the actual costs of returning these materials to <br />the Suppliers. <br />If Contractor disagrees with the adjustment of Contract Sum determined by the Owner’s Representative, <br />Contractor may submit a Contract Claim for the difference between the amount determined by the <br />Owner’s Representative and the amount sought by the Contractor. <br />Contractor shall not be entitled to anticipated profits on deleted, terminated, or uncompleted Work. <br />9.3. CHARGES TO CONTRACTOR <br />The Contractor shall pay the Owner on demand everything charged to it under the terms of this Contract. <br />Such charges may be deducted by the Owner from money due or to become due to the Contractor under <br />the Contract. The Owner may recover such charges from the Contractor or from its surety. <br />Contractor agrees to pay the costs of overtime or excessive inspection and observation costs incurred by <br />the Owner. Overtime inspection shall include inspection required during Saturdays, Sundays, City <br />holidays and weekdays, in excess of 40 hours per week or outside of normal working hours and <br />inspections or observations that result in an inspector or observer working more than forty hours in a <br />week. Costs of such overtime or excessive inspection or observation include architecture, engineering, <br />construction management services, inspection, general supervision and Overhead expenses which are <br />directly chargeable to the overtime or excessive work. Contractor agrees that Owner will deduct such <br />charges from payments due the Contractor. In the event the Owner by Change Order requires the <br />Contractor to work in excess of the established schedule of working hours, the Owner will not charge the <br />Contractor for inspection costs associated therewith. <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