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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 – 140 <br />types and amounts of Contractor Overhead Costs on no greater <br />than a monthly basis for the actual Project duration. <br />1-09.11A(4)A1c Overabsorbed Overhead <br />To demonstrate that Contractor did not incur Overabsorbed Overhead in <br />the period following the Delay, in accordance with item 5 of 1- <br />09.11A(4)A1. of these Special Provisions, the Contractor shall: <br />1. Affirmatively represent and warrant that completion of the <br />delayed Work prevented the performance of other Work; <br />2. Identify the critical resource unavailable for other Work due to <br />completion of the delayed Contract; and <br />3. Showing that unavailability of this critical resource precluded the <br />performance of other Work. <br />1-09.11A(5) Inefficiencies <br />1-09.11A(5)A Adjustment of Contract Sum <br />To the extent Contractor is entitled to an increase in Contract Sum because of <br />inefficiencies or impaired productivity, then compensation due, if any, shall be <br />calculated as provided in 1-09.4 EQUITABLE ADJUSTMENT. There is no <br />entitlement to increase in Contract Sum for inefficiencies to the extent caused <br />by a Third Party or a Force Majeure Event. <br />1-09.11A(5)B Adjustment of Contract Time <br />To the extent Contractor is entitled to an extension of Contract Time because <br />of inefficiencies or impaired productivity, then the extension shall be determined <br />as provided in 1-08.8 EXTENSIONS OF TIME. <br />Delete all of 1-09.12 and substitute the following: <br />1-09.12 Audits <br />(******) <br />1-09.12(1) General <br />The Contractor’s records relating to this Project, including, but not limited to, wage, <br />payroll, and cost records, shall be open to inspection or audit by representatives of the <br />City during the Project and for a period of not less than six years after the date of Final <br />Acceptance of the Contract. The Contractor shall retain these records for that period. <br />The Contractor shall also guarantee that Project records of Subcontractors, suppliers, <br />and lower tier subcontractors, including, but not limited to, the wage, payroll, and cost <br />records, shall be retained and open to similar inspection or audit for the same period of <br />time. The audit may be performed by employees or representatives of the City or by an <br />auditor chosen by the City. The Contractor, Subcontractors, or lower tier subcontractors <br />shall provide adequate facilities, reasonably acceptable to auditor, for the audit during <br />normal business hours. The Contractor, Subcontractors, or lower tier subcontractors <br />shall make a good faith effort to cooperate with the auditors. If an audit is to be <br />commenced more than 60 calendar days after the Final Acceptance date of the Contract, <br />the Contractor will be given 20 calendar days’ notice of the time when the audit is to <br />begin. If any litigation, claim, or audit arising out of, in connection with, or related to this <br />Contract is initiated, the Project records shall be retained until the later of (a) completion <br />of litigation, claim, or audit or (b) six years after the date of Final Acceptance. <br />1-09.12(2) Claims <br />All Contract Claims filed against the City shall be subject to audit at any time following <br />the filing of the Contract Claim. Failure of the Contractor, Subcontractors, or lower tier <br />subcontractors to maintain and retain sufficient records to allow the auditors to verify all