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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 – 110 <br />concurrently with any request for Extended and/or Unabsorbed Overhead <br />shall not be included in determining the ratio of the subject Project billings to <br />overall Contractor billings for the period of project performance. <br />2. Determining the daily amount of Allocable Overhead for the subject Project. <br />This is accomplished by dividing the Allocable Overhead for the subject <br />Project by the number of days, (as contractually defined) of Contract <br />performance. The result is the Daily Rate of Allocable Overhead. <br />3. Determining the gross amount of potential additional compensation for Home <br />Office Overhead due to the project extension. This is accomplished by <br />multiplying the Daily Rate of Allocable Overhead by the number of days of <br />project extension caused solely by the City. This results in the Gross Amount <br />of Additional Home Office Overhead Compensation. <br />4. Adjusting the Gross Amount of Additional Home Office Overhead <br />Compensation for any additional contribution for Overhead received by the <br />Contractor on any Change Orders that are being presented and resolved <br />concurrently with the subject calculation for Unabsorbed and/or Extended <br />Home Office Overhead. The necessary adjustment would be to reduce the <br />Gross Amount of Additional Home Office Overhead Compensation by any <br />additional compensation for Overhead included in any direct cost claims <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 <br />compliance with COVID-19 Requirements. Contractor’s Bid takes into account that <br />COVID-19 Requirements may create direct and indirect costs, including inefficiency and <br />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, <br />cumulative impact, inefficiency or ripple costs) incurred by the Contractor to comply with <br />the 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.