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1 <br /> ' 9.3 Charges to Contractor <br /> A. The Contractor shall pay the Owner on demand everything charged to it under the terms of this <br /> Contract. Such charges may be deducted by the Owner from money due or to become due to the <br /> Contractor under the Contract. The Owner may recover such charges from the Contractor or <br /> from its surety. <br /> B. Contractor agrees to pay the costs of overtime or excessive inspection and observation costs <br /> incurred by the Owner. Overtime inspection shall include inspection required during Saturdays, <br /> Sundays, City holidays and weekdays, in excess of 40 hours per week or outside of normal <br /> working hours and inspections or observations that result in an inspector or observer working <br /> ' more than forty hours in a week. Costs of such overtime or excessive inspection or observation <br /> include architecture, engineering, construction management services, inspection, general <br /> supervision and Overhead expenses which are directly chargeable to the overtime or excessive <br /> work. Contractor agrees that Owner will deduct such charges from payments due the Contractor. <br /> In the event the Owner by Change Order requires the Contractor to work in excess of the <br /> established schedule of working hours, the Owner will not charge the Contractor for inspection <br /> costs associated therewith. <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 9.7. <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 /> PROCESS WATER PUMP STATION 06/13/2017 <br /> WO-3647 00 72 13 - 43 <br /> I <br />