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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 125 <br />Schedule of Values shall: reasonably allocate the Contract Sum among the various <br />portions of the Work; be complete; be organized to include detailed breakdown of each <br />major unit of the Work; be organized to correspond to Contractor’s schedule; break down <br />the Contract Sum showing the value assigned to each part of the Work; include an <br />allowance for profit and Overhead; include Unit Price Work, if and to the extent indicated <br />on the Proposal Form; be so organized as to facilitate assessment of Work and payment <br />of Subcontractors; and be balanced. To the greatest extent possible, the breakdown <br />shall use the same tasks or units as the Contractor’s schedule. Contractor shall provide <br />documentation substantiating the cost allocation if asked by the City’s Representative. <br />Upon acceptance of the Schedule of Values by the City’s Representative, it shall be used <br />as a basis for all requests for payment. <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 <br />not include consequential or indirect damages not otherwise expressly <br />permitted by the Contract Documents. Costs and damages for which the <br />City shall not be liable under any circumstances include, but are not limited <br />to: (a) borrowing or interest costs, charges, or expenses of Contractor; (b) <br />alleged lost profit or overhead on any other project; and (c) Contractor’s <br />failure or 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