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I <br /> I <br /> 10. If Contractor fails to supply sufficient skilled workers or suitable materials <br /> or equipment. <br /> 11. If Contractor refuses or fails to prosecute the Work with such diligence as 111 <br /> will ensure its Physical Completion within the original Physical <br /> Completion time and any extensions of time which may have been <br /> granted to the Contractor by change order or otherwise. <br /> 12. If Contractor disregards laws, ordinances, rules, codes, regulations, <br /> orders or similar requirements of any public entity having jurisdiction. <br /> 13. If Contractor performs Work which deviates from the Contract, and I <br /> neglects or refuses to correct rejected Work. <br /> 14. If Contractor otherwise violates in any material way any provisions or <br /> requirements of the Contract. 1 <br /> The following is added before the second to last paragraph of Special Provision section 1- <br /> 08.10(1). <br /> In exercising the Contracting Agency's right to prosecute the Physical Completion <br /> of the Work, the Contracting Agency shall have the right to exercise its sole <br /> discretion as to the manner, method, and reasonableness of the costs of completing <br /> the Work. In the event that the Contracting Agency takes Bids for remedial Work or <br /> Physical Completion of the project, the Contractor shall not be eligible for the Award <br /> of such Contracts. <br /> Section 1-09.4 is revised as shown below: <br /> 1-09 MEASUREMENT AND PAYMENT <br /> 1-09,4 Equitable Adjustment <br /> Supplement 1-09.4 by adding the following: <br /> 1-09.4(3) COVID-19 Equitable Adjustments <br /> Contractor's Bid includes all costs necessary for the duration of the Work for compliance <br /> with Baseline COVID-19 Requirements. Contractor's Bid takes into account that Baseline <br /> COVID-19 Requirements may create direct and indirect costs, including inefficiency and <br /> Delay. <br /> Contractor shall have no entitlement to an equitable adjustment or other increase to the <br /> Contract Sum for any direct or indirect costs (including without limitation Delay, cumulative <br /> impact, inefficiency or ripple costs) incurred by the Contractor to comply with the Baseline <br /> COVID-19 Requirements or any COVID-19 Requirements applicable to the Work after Bid <br /> opening that are equal to or less stringent than the Baseline COVID-19 Requirements. <br /> If COVID-19 Requirements applicable to the Work at any time after Bid opening are more <br /> stringent than Baseline COVID-19 Requirements, then equitable adjustment, if any, will <br /> be in accordance with Section 1-09.4 EQUITABLE ADJUSTMENT, Section 1-09.4 DISPUTES <br /> AND CLAIMS, Section 1-09.11A(3)D1 CAUSED SOLELY BY THIRD PARTIES OR FORCE <br /> MAJEURE, and any other relevant provision in the Contract Documents. <br /> If COVID-19 Requirements applicable to the Work at any time after Bid opening are less <br /> stringent than Baseline COVID-19 Requirements, then the City is entitled to a deductive <br /> change order that deducts from the Contract Sum at least 50% of the Contractor's savings <br /> from those less stringent COVID-19 Requirements. Unless otherwise agreed by the City <br /> Addendum 1 Page 4 <br /> CITY OF EVERETT • 3200 Cedar Street • Everett, WA 98201 • (425) 257-8800 • Fax (425) 257-8882 <br />