IMCO General Construction Inc 11/13/2018 (2)

I 3. When a Change Order deletes an item in whole or in part, or when the Contract is terminated for convenience in whole or in part,payment for deleted or terminated Work will be made as follows: a. Payment will be made for the actual number of units of Work completed at the unit contract prices unless the Owner's Representative determines the unit prices are inappropriate for the Work actually performed. When the Owner's Representative determines the unit prices are inappropriate for the Work actually performed,payment for Work performed will be as mutually agreed. If the parties cannot agree,the Owner's Representative will determine the amount of the adjustment of Contract Sum in accordance with 9.5. Adjustment Of Contract Sum; b. Payment for partially completed lump sum items will be as mutually agreed. If the parties cannot agree, the Owner's Representative will determine the amount of the adjustment of Contract Sum in accordance with 9.5. Adjustment Of Contract Sum; c. To the extent not paid for by the Contract Sum for the completed units of Work,the Owner will pay as part of the adjustment of Contract Sum those direct costs necessarily and actually incurred by the Contractor in reasonable anticipation of performing the Work that has been deleted or terminated; d. The total payment for any one item in the case of a deletion or partial termination shall not exceed the Bid price as modified by approved Change Orders less the estimated cost, including Overhead and profit, to complete the Work and less any amount paid to the Contractor for the item; e. If the entire remainder of the Contract is terminated,the total payment to the Contractor shall not exceed the total Contract Sum as modified by approved Change Orders less those amounts paid to the Contractor before the effective date of the termination;and f No claim for damages of any kind or for loss of anticipated profits or consequential damages on deleted or terminated Work will be allowed because of termination or Change Order. Contract Time shall be adjusted as the parties agree. If the parties cannot agree, the Owner's Representative will determine the adjustment of Contract Time. 4. Acceptable materials ordered by the Contractor prior to the date the Work was terminated or deleted will either be purchased from the Contractor by the Owner at the actual cost and shall become the property of the Owner, or the Owner will reimburse the Contractor for the actual costs of returning these materials to the Suppliers. 5. If Contractor disagrees with the adjustment of Contract Sum determined by the Owner's Representative, Contractor may submit a Contract Claim for the difference between the amount determined by the Owner's Representative and the amount sought by the Contractor. 6. Contractor shall not be entitled to anticipated profits on deleted,terminated, or uncompleted Work. C. CHARGES TO CONTRACTOR A. The Contractor shall pay the Owner on demand everything charged to it under the terms of this Contract. 1 Such charges may be deducted by the Owner from money due or to become due to the Contractor under the Contract. The Owner may recover such charges from the Contractor or from its surety. B. Contractor agrees to pay the costs of overtime or excessive inspection and observation costs incurred by the Owner.Overtime inspection shall include inspection required during Saturdays, Sundays, City holidays and weekdays, in excess of 40 hours per week or outside of normal working hours and inspections or observations that result in an inspector or observer working more than forty hours in a week. Costs of such overtime or excessive inspection or observation include architecture, engineering, construction management services, inspection, general supervision and Overhead expenses which are directly chargeable to the overtime or excessive work. Contractor agrees that Owner will deduct such charges from payments due the Contractor. In the event the Owner by Change Order requires the Contractor to work in excess of the established schedule of working hours, the Owner will not charge the Contractor for inspection costs associated therewith. 10023829 City of Everett Public Works July 2018 WPCF FEN Chlorination Building Upgrade Work Order 3614 GENERAL.CONDITIONS 00 72 13-40 Issue for Bid I