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CITY OF EVERETT SPECIAL PROVISIONS <br /> Inspector on the Project at the time of delivery of materials for each truckload delivered. t <br /> Pay quantities will be prepared on the basis of certified weight tickets delivered to the <br /> City's Inspector at time of delivery of materials. Tickets not received by the City's <br /> Inspector on day of delivery will not be honored for payment. <br /> 1-09.3 Scope of Payment <br /> Supplement 1-09.3 by adding the following: <br /> 1-09.3(1) Schedule of Values <br /> (******) <br /> The Contractor shall submit a Schedule of Values in accordance with 1-08.0(1) PRE- <br /> CONSTRUCTION CONFERENCE. If the Project contains Unit Price Work, in whole or <br /> in part, then the Schedule of Values for that portion of the Work shall also be based on <br /> unit prices. If the Proposal Form calls for a lump sum price, in whole or in part, then the <br /> Schedule of Values shall: reasonably allocate the Contract Sum among the various <br /> portions of the Work; be complete; be organized to include detailed breakdown of each <br /> major unit of the Work; be organized to correspond to Contractor's schedule; break down <br /> the Contract Sum showing the value assigned to each part of the Work; include an <br /> allowance for profit and Overhead; include Unit Price Work, if and to the extent indicated <br /> on the Proposal Form; be so organized as to facilitate assessment of Work and payment <br /> of Subcontractors; and be balanced. To the greatest extent possible, the breakdown <br /> shall use the same tasks or units as the Contractor's schedule. Contractor shall provide <br /> documentation substantiating the cost allocation if asked by the City's Representative. <br /> Upon acceptance of the Schedule of Values by the City's Representative, it shall be used I <br /> as a basis for all requests for payment. <br /> 1-09.4 Equitable Adjustment <br /> Supplement 1-09.4 by adding the following: <br /> Other means to establish the reasonable cost of the Work not defined by unit prices <br /> include, and is not limited to, 1-09.6 FORCE ACCOUNT, the Schedule of Values, or <br /> estimating manuals. <br /> 1-09.4(1) General <br /> (******) <br /> The following shall apply in determining the amount of an equitable adjustment of <br /> Contract Sum: <br /> 1. Except as otherwise expressly provided, Contractor will only be paid for costs <br /> it clearly and convincingly proves it actually and directly incurred, and shall <br /> not include consequential or indirect damages not otherwise expressly <br /> permitted by the Contract Documents. Costs and damages for which the <br /> City shall not be liable under any circumstances include, but are not limited <br /> to: (a) borrowing or interest costs, charges, or expenses of Contractor; (b) <br /> alleged lost profit or overhead on any other project; and (c) Contractor's <br /> failure or inability to obtain other work. <br /> 2. No Contract Claim for adjustment of Contract Sum or additional <br /> compensation for extra, affected, impacted or inefficient work will be allowed <br /> where the Contractor does not keep and maintain contemporaneous, <br /> complete and accurate time records for labor and equipment and <br /> contemporaneous, complete and accurate records for materials and where <br /> such records do not contemporaneously segregate and allocate by time, 111 <br /> location and Work the time and costs for each item or element of such Work. <br /> Contractor's failure to keep and maintain such records constitutes a waiver of <br /> — October 1, 2019 <br /> Watermain Replacement"U" Division 1 GENERAL REQUIREMENTS <br /> WO No—UP3698 SP—108 <br /> I <br />