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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <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 shall be <br /> calculated as provided in 1-09.4 EQUITABLE ADJUSTMENT. <br /> i1-09.11A(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 /> 111 <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 Contract, <br /> the Contractor will be given 20 calendar days' notice of the time when the audit is to <br /> begin. If any litigation, claim, or audit arising out of, in connection with, or related to this <br /> Contract is initiated, the Project records shall be retained until the later of(a) completion <br /> 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 /> Cleveland Avenue Division 1 —GENERAL REQUIREMENTS November 2018 <br /> Sewer System Replacement and <br /> Storm Water Separation <br /> WO No. UP3398 SP -145 <br />