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CITY OF EVERETT SPECIAL PROVISIONS <br />3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 <br />WO No – UP3775 SP – 109 <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 <br />based upon accurate, complete and contemporaneous cost records that <br />segregate and allocate costs (a) between base Contract work and the Work <br />for which additional compensation is sought and (b) between each item of <br />Work for which additional compensation is sought. Claims for inefficiency <br />shall only be based and calculated by a comparison of productivity of similar <br />Work performed in an unaffected or least affected area of the Project. <br />5. No claim for consequential damages of any kind will be allowed. <br />1-09.4(2) Unabsorbed and Extended Overhead <br />(******) <br />Any Extended or Unabsorbed Overhead to which the Contractor may be entitled shall <br />be calculated using the Eichleay formula by: <br />1. Determining the pro-rata amount of Overhead allocable to the subject project. <br />This is accomplished by multiplying Overhead costs by the ratio of the subject <br />project’s billings to the Contractor’s overall billings during the overall period of <br />the subject Project’s performance. The result is “Allocable Overhead.” Any <br />additional and unresolved direct cost claims presented by the Contractor