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1 <br /> ' CITY OF EVERETT PUBLIC WORKS DOCUMENT 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> 9.4 Compensation to Owner for Time Extension <br /> A. 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 expenses, <br /> and any other ascertainable direct costs to the Owner that are directly chargeable to the Work and <br /> which accrue during the period of such extension. The actual costs do not include charges for <br /> ' final inspection and preparation of the final payment by the Owner. <br /> 9.5 Adjustment of Contract Sum <br /> A. Calculation <br /> 1. Except as otherwise expressly provided in these General Conditions, any and all adjustments <br /> ' of Contract Sum shall be determined as follows: <br /> a. If the parties are able to agree,the price will be determined by using: <br /> 1) Unit prices,if the Work items are defined by unit prices;and <br /> 2) Other prices agreed upon by the Contractor and Owner for Work not defined by <br /> unit prices. <br /> b. If the parties cannot agree, the Owner's Representative will determine the price <br /> pursuant to the following order: <br /> ' 1) Unit prices,if the Work items are defined by unit prices; and <br /> 2) Other means to establish the reasonable cost of the Work if it is not defined by <br /> unit prices, including, but not limited to, Force Account as described in 9.6. <br /> ' Force Account,the Schedule of Values,or estimating manuals. <br /> B. Limitations <br /> ' 1. The following limitations shall apply in determining the amount of an adjustment: <br /> a. Except as otherwise expressly provided, Contractor will only be paid for costs it clearly <br /> and convincingly proves it actually and directly incurred, and shall not include <br /> consequential or indirect damages not otherwise expressly permitted by the Contract <br /> ' Documents. Costs and damages for which Owner shall not be liable under any <br /> circumstances include,but are not limited to: (a)borrowing or interest costs,charges, or <br /> expenses of Contractor; (b)alleged lost profit or Overhead on any other project; and(c) <br /> Contractor's failure or inability to obtain other work. <br /> b. No Contract Claim for adjustment of Contract Sum or additional compensation for <br /> extra, affected, impacted or inefficient Work will be allowed where the Contractor does <br /> 1 not keep and maintain contemporaneous, complete and accurate time records for labor <br /> and equipment and contemporaneous, complete and accurate records for materials and <br /> where such records do not contemporaneously segregate and allocate by time, location <br /> and work the time and costs for each item or element of such work. Contractor's failure <br /> to keep and maintain such records constitutes a waiver of any Contract Claim or request <br /> by the Contractor for adjustment of Contract Sum for such costs or event. <br /> c. To the extent the Contractor is entitled to an adjustment of Contract Sum due to any <br /> Delay or extension of Contract Time, Contractor shall be compensated as provided in <br /> 12.4 Remedies. Such compensation shall be full,adequate and complete compensation <br /> for all direct, indirect,cumulative, inefficiency, impact and ripple costs causing,arising <br /> ' out of,or relating to such delays or extension. <br /> d. Contractor and Owner agree that compensation to the Contractor for a Contract Claim <br /> shall not exceed the Contractor's costs based upon Force Account as described in 9.6. <br /> Force Account. Contractor waives, releases, and agrees not to submit any request for <br /> ' PSO6 REROUTE 007213 -45 <br /> WO NO.—UP3583 MAY 2016 <br /> t <br />