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CITY OF EVERETT SPECIAL PROVISIONS <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 not <br /> include consequential or indirect damages not otherwise expressly permitted <br /> by the Contract Documents. Costs and damages for which the City shall not <br /> be liable under any circumstances include, but are not limited to: (a) <br /> borrowing or interest costs, charges, or expenses of Contractor; (b) alleged <br /> lost profit or overhead on any other project; and (c) Contractor's failure or <br /> 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, <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 /> any Contract Claim or request by the Contractor for adjustment of Contract <br /> Sum for such costs or event. <br /> 3. To the extent the Contractor is entitled to an adjustment of Contract Sum due <br /> to any Delay or extension of Contract Time, Contractor shall be compensated <br /> as provided in 1-09.11A REMEDIES. Such compensation shall be full, <br /> adequate and complete compensation for all direct, indirect, cumulative, <br /> inefficiency, impact and ripple costs causing, arising out of, or relating to such <br /> Delays or extension. <br /> 4. Contractor and City agree that compensation to the Contractor for a Contract <br /> Claim shall not exceed the Contractor's costs based upon Force Account as <br /> described in 1-09.6 FORCE ACCOUNT. Contractor waives, releases, and <br /> agrees not to submit any request for adjustment of Contract Sum or Contract <br /> Claim based upon a "total cost" or "modified total cost" calculation, in whole or <br /> in part, but instead agrees that any and all requests for compensation shall be <br /> based upon accurate, complete and contemporaneous cost records that <br /> segregate and allocate costs (a) between base Contract work and the Work <br /> for which additional compensation is sought and (b) between each item of <br /> Work for which additional compensation is sought. Claims for inefficiency <br /> shall only be based and calculated by a comparison of productivity of similar <br /> Work performed in an unaffected or least affected area of the Project. <br /> 5. No claim for consequential damages of any kind will be allowed. <br /> Jackson Park Area Stormwater Separation <br /> WO No—UP3703 Division 1 —GENERAL REQUIREMENTS September 2020 <br /> SP—110 <br />