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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 <br />Work Order No. UP 3814 SP-122 <br />1-09.3 Scope of Payment <br />Supplement 1-09.3 by adding the following: <br />1-09.3(1) Schedule of Values <br />(******) <br />The Contractor shall submit a Schedule of Values in accordance with 1-08.0(1) PRE- <br />CONSTRUCTION CONFERENCE. If the Project contains Unit Price Work, in whole or <br />in part, then the Schedule of Values for that portion of the Work shall also be based on <br />unit prices. If the Proposal Form calls for a lump sum price, in whole or in part, then the <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 <br />down the Contract Sum showing the value assigned to each part of the Work; include <br />an allowance for profit and Overhead; include Unit Price Work, if and to the extent <br />indicated on the Proposal Form; be so organized as to facilitate assessment of Work <br />and payment of Subcontractors; and be balanced. To the greatest extent possible, the <br />breakdown shall use the same tasks or units as the Contractor’s schedule. Contractor <br />shall provide documentation substantiating the cost allocation if asked by the City’s <br />Representative. Upon acceptance of the Schedule of Values by the City’s <br />Representative, it shall be used 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 City <br />shall not 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,