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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <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 <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 <br /> Baseline COVID-19 Requirements may create direct and indirect costs, including <br /> ' inefficiency and 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 <br /> ' DISPUTES AND CLAIMS, Section 1-09.11A(3)D1 CAUSED SOLELY BY THIRD <br /> PARTIES OR FORCE MAJEURE, and any other relevant provision in the Contract <br /> 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 /> in writing, the amount of the deductive change order will be agreed upon prior to Contractor <br /> implementing the less stringent COVID-19 Requirements. <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 shall be", and the fifth paragraph, <br /> ' beginning with "Acceptable materials ordered by", 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 /> If Contractor disagrees with the adjustment of Contract Sum determined by the City's <br /> ' Representative, Contractor may submit a Contract Claim for the difference between the <br /> amount determined by the City's Representative and the amount sought by the <br /> Contractor. <br /> Water Main Replacement"W" Division 1 —GENERAL REQUIREMENTS April, 2022 <br /> WO No.—UP3766 SP—111 <br /> 1 <br />