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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-81 <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 it <br />clearly and convincingly proves it actually and directly incurred, and shall not <br />include consequential or indirect damages not otherwise expressly permitted by <br />the Contract Documents. Costs and damages for which the City shall not be <br />liable under any circumstances include, but are not limited to: (a) borrowing or <br />interest costs, charges, or expenses of Contractor; (b) alleged lost profit or <br />overhead on any other project; and (c) Contractor’s failure or inability to obtain <br />other work. <br />2. No Contract Claim for adjustment of Contract Sum or additional compensation for <br />extra, affected, impacted or inefficient work will be allowed where the Contractor <br />does not keep and maintain contemporaneous, complete and accurate time <br />records for labor and equipment and contemporaneous, complete and accurate <br />records for materials and where such records do not contemporaneously <br />segregate and allocate by time, location and Work the time and costs for each <br />item or element of such Work. Contractor’s failure to keep and maintain such <br />records constitutes a waiver of any Contract Claim or request by the Contractor <br />for adjustment of Contract Sum for such costs or event. <br />3. To the extent the Contractor is entitled to an adjustment of Contract Sum due to <br />any Delay or extension of Contract Time, Contractor shall be compensated as <br />provided in 1-09.11A REMEDIES. Such compensation shall be full, adequate <br />and complete compensation for all direct, indirect, cumulative, inefficiency, <br />impact and ripple costs causing, arising out of, or relating to such Delays or <br />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 agrees <br />not to submit any request for adjustment of Contract Sum or Contract Claim <br />based upon a “total cost” or “modified total cost” calculation, in whole or in part, <br />but instead agrees that any and all requests for compensation shall be based <br />upon accurate, complete and contemporaneous cost records that segregate and <br />allocate costs (a) between base Contract work and the Work for which additional <br />compensation is sought and (b) between each item of Work for which additional <br />compensation is sought. Claims for inefficiency shall only be based and <br />calculated by a comparison of productivity of similar Work performed in an <br />unaffected or least affected area of the Project. <br />5. No claim for consequential damages of any kind will be allowed.