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1 <br /> I <br /> D. COMPENSATION TO OWNER FOR TIME EXTENSION <br /> A. 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 the <br /> period of such extension. The actual costs do not include charges for final inspection and preparation of the <br /> final payment by the Owner. <br /> E. ADJUSTMENT OF CONTRACT SUM <br /> A. Calculation <br /> 1. Except as otherwise expressly provided in these General Conditions, any and all adjustments of <br /> 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 unit <br /> prices. <br /> b. If the parties cannot agree, the Owner's Representative will determine the price pursuant to the <br /> 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 unit <br /> prices, including, but not limited to, Force Account as described in 9.7. Force Account, <br /> the Schedule of Values, or estimating manuals. <br /> B. Limitations <br /> I. 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 and <br /> convincingly proves it actually and directly incurred, and shall not include consequential or <br /> indirect damages not otherwise expressly permitted by the Contract Documents. Costs and <br /> damages for which Owner shall not be liable under any circumstances include, but are not <br /> limited to: (a) borrowing or interest costs, charges, or expenses of Contractor; (b) alleged lost <br /> profit or Overhead on any other project; and (c) Contractor's failure or inability to obtain other <br /> work. <br /> b. No Contract Claim for adjustment of Contract Sum or additional compensation for extra, <br /> affected, impacted or inefficient Work will be allowed where the Contractor does not keep and <br /> maintain contemporaneous, complete and accurate time records for labor and equipment and <br /> contemporaneous, complete and accurate records for materials and where such records do not <br /> contemporaneously segregate and allocate by time,location and work the time and costs for each <br /> item or element of such work. Contractor's failure to keep and maintain such records constitutes <br /> a waiver of any Contract Claim or request by the Contractor for adjustment of Contract Sum for <br /> such costs or event. <br /> c. To the extent the Contractor is entitled to an adjustment of Contract Sum due to any Delay or <br /> extension of Contract Time, Contractor shall be compensated as provided in 12.4 Remedies. <br /> Such compensation shall be full, adequate and complete compensation for all direct, indirect, <br /> cumulative, inefficiency, impact and ripple costs causing, arising out of, or relating to such <br /> delays or extension. <br /> I <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL CONDITIONS <br /> 00 72 13-41 Issue for Bid <br />