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I <br /> CITY OF EVERETT SPECIAL PROVISIONS [Modified per Addendum #1] <br /> being resolved concurrently with any claim for Extended and/or Unabsorbed <br /> Home Office Overhead. <br /> Contractor shall not receive compensation for cost of use of equity capital. <br /> Supplement 1-09.4 by adding the following: <br /> 1-09.4(3) COVID-19 Equitable Adjustments[Added per Addendum No.1] <br /> Contractor's Bid includes all costs necessary for the duration of the Work for I <br /> compliance with Baseline COVID-19 Requirements. Contractor's Bid takes into <br /> account that Baseline COVID-19 Requirements may create direct and indirect <br /> costs, including inefficiency and Delay. <br /> Contractor shall have no entitlement to an equitable adjustment or other increase <br /> to the Contract Sum for any direct or indirect costs (including without limitation <br /> Delay, cumulative impact, inefficiency or ripple costs) incurred by the Contractor <br /> to comply with the Baseline COVID-19 Requirements or any COVID-19 <br /> Requirements applicable to the Work after Bid opening that are equal to or less <br /> stringent than the Baseline COVID-19 Requirements. <br /> If COVID-19 Requirements applicable to the Work at any time after Bid opening are <br /> more stringent than Baseline COVID-19 Requirements, then equitable adjustment, <br /> if any, will be in accordance with Section 1-09.4 EQUITABLE ADJUSTMENT, <br /> Section 1-09.4 DISPUTES AND CLAIMS, Section 1-09.11A(3)D1 CAUSED SOLELY <br /> BY THIRD PARTIES OR FORCE MAJEURE, and any other relevant provision in the <br /> Contract Documents. <br /> If COVID-19 Requirements applicable to the Work at any time after Bid opening are <br /> less stringent than Baseline COVID-19 Requirements, then the City is entitled to a <br /> deductive change order that deducts from the Contract Sum at least 50% of the <br /> Contractor's savings from those less stringent COVID-19 Requirements. Unless <br /> otherwise agreed by the City in writing, the amount of the deductive change order <br /> will be agreed upon prior to Contractor implementing the less stringent COVID-19 <br /> Requirements. I <br /> 1-09.5 Deleted or Terminated Work <br /> Delete the first paragraph, beginning with "The Engineer may delete", and the second <br /> paragraph, beginning with "Payment for completed items", and substitute the following: <br /> The City's Representative may delete Work as provided in 1-04.4 CHANGES or may <br /> terminate the Contract in whole or part as provided in 1-08.10(2) TERMINATION FOR <br /> PUBLIC CONVENIENCE. When the Contract is partially terminated for the City's <br /> convenience, the partial termination shall be treated as a deductive Change Order for <br /> payment purposes under this section. <br /> Payment for completed items will be at contract unit prices or pursuant to the Schedule <br /> of Values. <br /> Delete the fourth paragraph, beginning with "Contract Time", and the fifth paragraph, <br /> beginning with "Acceptable Materials", and substitute the following: <br /> Acceptable materials ordered by the Contractor prior to the date the Work was <br /> terminated or deleted will either be purchased from the Contractor by the City at the <br /> actual cost and shall become the property of the City, or the City will reimburse the <br /> Contractor for the actual costs of returning these materials to the suppliers. <br /> Sewer 0 Division 1 —GENERAL REQUIREMENTS Addendum No. 1 <br /> WO No—UP3691 SP—120 May 2020 <br />