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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-97 <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 by <br />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 of <br />inefficiencies or impaired productivity, then the extension shall be determined as <br />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 <br />Contract, the Contractor will be given 20 calendar days’ notice of the time when the audit <br />is to begin. If any litigation, claim, or audit arising out of, in connection with, or related to <br />this Contract is initiated, the Project records shall be retained until the later of (a) <br />completion 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 <br />or a portion of the Contract Claim or to permit the auditor access to the books and <br />records of the Contractor, Subcontractors, or lower tier subcontractors shall constitute a <br />waiver of a Contract Claim and shall bar recovery in connection with the Contract. <br />1-09.12(3) Required Documents for Audits <br />An audit may be performed by employees of the City or a representative of the City. The <br />Contractor and its Subcontractors shall provide adequate facilities acceptable to the City <br />for the audit during normal business hours. The Contractor and all Subcontractors shall <br />cooperate with the City’s auditors.