Thomco Construction Inc. 6/14/2021

CITY OF EVERETT SPECIAL PROVISIONS types and amounts of Contractor Overhead Costs on no greater than a monthly basis for the actual Project duration. 1-09.11 A(4)A1 c Overabsorbed Overhead To demonstrate that Contractor did not incur Overabsorbed Overhead in the period following the Delay, in accordance with item 5 of 1- 09.11A(4)A1. of these Special Provisions, the Contractor shall: 1. Affirmatively represent and warrant that completion of the delayed Work prevented the performance of other Work; 2. Identify the critical resource unavailable for other Work due to completion of the delayed Contract; and 3. Showing that unavailability of this critical resource precluded the performance of other Work. 1-09.11 A(5) Inefficiencies 1-09.11A(5)A Adjustment of Contract Sum To the extent Contractor is entitled to an increase in Contract Sum because of inefficiencies or impaired productivity, then compensation due shall be calculated as provided in 1-09.4 EQUITABLE ADJUSTMENT. 1-09.11A(5)B Adjustment of Contract Time To the extent Contractor is entitled to an extension of Contract Time because of inefficiencies or impaired productivity,then the extension shall be determined as provided in 1-08.8 EXTENSIONS OF TIME. Delete all of 1-09.12 and substitute the following: 1-09.12 Audits (******) 1-09.12(1) General The Contractor's records relating to this Project, including, but not limited to, wage, I payroll, and cost records, shall be open to inspection or audit by representatives of the City during the Project and for a period of not less than six years after the date of Final Acceptance of the Contract. The Contractor shall retain these records for that period. The Contractor shall also guarantee that Project records of Subcontractors, suppliers, and lower tier subcontractors, including, but not limited to, the wage, payroll, and cost records, shall be retained and open to similar inspection or audit for the same period of time. The audit may be performed by employees or representatives of the City or by an auditor chosen by the City. The Contractor, Subcontractors, or lower tier subcontractors shall provide adequate facilities, reasonably acceptable to auditor, for the audit during normal business hours. The Contractor, Subcontractors, or lower tier subcontractors shall make a good faith effort to cooperate with the auditors. If an audit is to be commenced more than 60 calendar days after the Final Acceptance date of the Contract, the Contractor will be given 20 calendar days' notice of the time when the audit is to begin. If any litigation, claim, or audit arising out of, in connection with, or related to this Contract is initiated, the Project records shall be retained until the later of(a) completion of litigation, claim, or audit or(b) six years after the date of Final Acceptance. 1-09.12(2) Claims All Contract Claims filed against the City shall be subject to audit at any time following the filing of the Contract Claim. Failure of the Contractor, Subcontractors, or lower tier subcontractors to maintain and retain sufficient records to allow the auditors to verify all or a portion of the Contract Claim or to permit the auditor access to the books and Water Main Replacement"V" Division 1 —GENERAL REQUIREMENTS April,2021 WO No—UP3730 SP—122