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CITY OF EVERETT SPECIAL PROVISIONS <br /> 1-09.11A(3)C1 Adjustment of Contract Sum 1 <br /> The Contractor shall not be entitled to any adjustment in Contract Sum for <br /> Delays concurrently caused by the City and the Contractor. <br /> 1-09.11A(3)C2 Adjustment of Contract Time <br /> The Contractor shall be entitled to an extension of Contract Time for the City <br /> caused portion of any Delay concurrently caused by the City and Contractor to <br /> the extent the City caused the Delay to extend longer than if the Contractor had <br /> solely caused the Delay. <br /> 1-09.11A(3)D Third Party Caused Delays and Force Majeure <br /> 1-09.11A(3)D1 Caused Solely by Third Parties or Force Majeure <br /> 1-09.11A(3)D1a Adjustment of Contract Sum <br /> The City and the Contractor shall not be responsible to compensate each <br /> other financially for any Delay solely caused by a third party for whom <br /> neither the Contractor nor the City is responsible, or for any Delay <br /> caused solely by earthquake, flood, natural disasters, acts of war or acts <br /> of terrorism. A Delay caused by a utility's failure to provide service or <br /> relocate its lines (despite a timely request for such service or relocation) <br /> is an example of this kind of Delay for which neither the Contractor nor , <br /> the City is financially responsible to the other. Mislocated utility lines or <br /> utility lines not located are another example of a Delay for which neither <br /> the Contractor nor the City is responsible to the other. However, the <br /> Contractor's failure to request a utility locate or relocation in a timely way <br /> is not, and any resulting Delay would be the responsibility of the <br /> Contractor. Because the Contractor is responsible for ordering materials <br /> and Equipment, Contractor shall not be entitled to an adjustment of <br /> Contract Time or Contract Sum due to Delays caused by the lack of <br /> materials or Equipment. A strike, job action, slowdown, work to rule, or <br /> other job action or labor dispute or problem is not a Delay caused by a <br /> third party. <br /> 1-09.11A(3)D1b Adjustment of Contract Time <br /> The Contractor shall be entitled to an extension of Contract Time for <br /> Delays caused solely by a third party for whom neither the Contractor nor <br /> the City is responsible, or for any Delay caused solely by earthquake, <br /> flood, natural disasters, acts of war or acts of terrorism. Extension of <br /> Contract Time shall be determined pursuant to 1-08.8 EXTENSIONS OF <br /> TIME. <br /> 1-09.11A(3)E Delays Caused Concurrently by Third Parties and Contractor <br /> or City <br /> If a Delay is caused concurrently by (a) a third party, earthquake, flood, natural <br /> disasters, acts of war or acts of terrorism and (b) either the Contractor or the City, <br /> then the Contractor or City is only responsible for the amount of Delay it caused in <br /> excess of the Delay caused by the a third party, earthquake, flood, natural disasters, <br /> acts of war or acts of terrorism. <br /> 1-09.11A(3)E1 Adjustment of Contract Sum <br /> The Contractor shall be entitled to an adjustment of Contract Sum for any Delay <br /> concurrently caused by a third party and the City, but only to the extent <br /> Contractor clearly and convincingly demonstrates that the City caused the <br /> Delay to be longer than it would have been had it been caused solely by the <br /> third party. <br /> Watermain Replacement"U" Division 1 —GENERAL REQUIREMENTS October 1, 2019 <br /> WO No—UP3698 SP—120 i <br />