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CITY OF EVERETT SPECIAL PROVISIONS <br />LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 <br />WO No – UP3529 SP – 133 <br />1-09.11A(4)A1b No Material Variations <br />To demonstrate the Contractor’s Overhead costs did not materially vary <br />from its usual seasonal Overhead costs during the period of Delay in <br />accordance with item 4 of 1-09.11A(4)A1 of these Special Provisions, the <br />Contractor shall; <br />1. Affirmatively represent and warrant that the completion of the <br />subject Work was extended and that such extension prevented <br />the performance of other work during both the period of Delay <br />and the later period of time required to complete the extended <br />Work, <br />2. Disclose the details of Contractor generated billings and <br />Contractor Overhead Costs, as defined in these Special <br />Provisions, throughout the actual Project performance. The <br />details of such information should be no less than specific <br />identification of the sources and amounts of revenue on no <br />greater than a monthly basis and specific identification of the <br />types and amounts of Contractor Overhead Costs on no greater <br />than a monthly basis for the actual Project duration. <br />1-09.11A(4)A1c Overabsorbed Overhead <br />To demonstrate that Contractor did not incur Overabsorbed Overhead in <br />the period following the Delay, in accordance with item 5 of 1- <br />09.11A(4)A1. of these Special Provisions, the Contractor shall: <br />1. Affirmatively represent and warrant that completion of the <br />delayed Work prevented the performance of other Work; <br />2. Identify the critical resource unavailable for other Work due to <br />completion of the delayed Contract; and <br />3. Showing that unavailability of this critical resource precluded the <br />performance of other Work. <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 <br />by 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 <br />of inefficiencies or impaired productivity, then the extension shall be determined <br />as 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,