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CITY OF EVERETT SPECIAL PROVISIONS <br /> in part, then the Schedule of Values for that portion of the Work shall also be based on <br /> unit prices. If the Proposal Form calls for a lump sum price, in whole or in part, then <br /> the Schedule of Values shall: reasonably allocate the Contract Sum among the various I <br /> portions of the Work; be complete; be organized to include detailed breakdown of each <br /> major unit of the Work; be organized to correspond to Contractor's schedule; break <br /> down the Contract Sum showing the value assigned to each part of the Work; include <br /> an allowance for profit and Overhead; include Unit Price Work, if and to the extent 111 <br /> indicated on the Proposal Form; be so organized as to facilitate assessment of Work <br /> and payment of Subcontractors; and be balanced. To the greatest extent possible, the <br /> breakdown shall use the same tasks or units as the Contractor's schedule. Contractor <br /> shall provide documentation substantiating the cost allocation if asked by the City's <br /> Representative. Upon acceptance of the Schedule of Values by the City's <br /> Representative, it shall be used as a basis for all requests for payment. <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 /> 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 <br /> it clearly and convincingly proves it actually and directly incurred, and shall <br /> not include consequential or indirect damages not otherwise expressly <br /> permitted by the Contract Documents. Costs and damages for which the <br /> City shall not be liable under any circumstances include, but are not limited <br /> to: (a) borrowing or interest costs, charges, or expenses of Contractor; (b) <br /> alleged lost profit or overhead on any other project; and (c) Contractor's <br /> failure or inability to obtain other work. <br /> 2, No Contract Claim for adjustment of Contract Sum or additional <br /> compensation for extra, affected, impacted or inefficient work will be allowed <br /> where the Contractor does not keep and maintain contemporaneous, <br /> complete and accurate time records for labor and equipment and <br /> contemporaneous, complete and accurate records for materials and where <br /> such records do not contemporaneously segregate and allocate by time. <br /> location and Work the time and costs for each item or element of such Work. <br /> Contractor's failure to keep and maintain such records constitutes a waiver of <br /> any Contract Claim or request by the Contractor for adjustment of Contract <br /> Sum for such costs or event. <br /> 3. To the extent the Contractor is entitled to an adjustment of Contract Sum due <br /> to any Delay or extension of Contract Time, Contractor shall be compensated <br /> as provided in 1-09.11A REMEDIES. Such compensation shall be full, <br /> adequate and complete compensation for all direct, indirect. cumulative, <br /> inefficiency, impact and ripple costs causing, arising out of, or relating to such <br /> Delays or 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 <br /> Watermain Replacement"T" Division 1 —GENERAL REQUIREMENTS October 10, 2018 <br /> WO No—UP3684 SP—112 I <br />