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CITY OF EVERETT SPECIAL PROVISIONS <br />Greely St. Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS January 2026 <br />WO No. UP3817 SP – 120 <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 />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. <br />If Contractor disagrees with the adjustment of Contract Sum determined by the City’s <br />Representative, Contractor may submit a Contract Claim for the difference between the <br />amount determined by the City’s Representative and the amount sought by the <br />Contractor. <br />Contractor shall not be entitled to any anticipated profits on deleted, terminated, or <br />uncompleted Work. <br />1-09.6 Force Account <br />Supplement 1-09.6 by adding the following: