Interwest Construction Inc. 7/22/2020

I ' CITY OF EVERETT SPECIAL PROVISIONS [Modified per Addendum #1] shall not be entitled to any increase in Contract Sum or Contract Time due to a ' Delay it caused. 1-09.11A(3)C Delays Concurrently Caused by Contractor and Owner If the City and the Contractor cause a Delay concurrently, neither the City nor the Contractor shall be liable to the other except as provided herein. 1-09.11A(3)C1 Adjustment of Contract Sum The Contractor shall not be entitled to any adjustment in Contract Sum for Delays concurrently caused by the City and the Contractor. 1-09.11A(3)C2 Adjustment of Contract Time The Contractor shall be entitled to an extension of Contract Time for the City caused portion of any Delay concurrently caused by the City and Contractor to the extent the City caused the Delay to extend longer than if the Contractor had solely caused the Delay. ' 1-09.11A(3)D Third Party Caused Delays and Force Majeure For the purposes of this section 1-09.11A(3)D, a "Force Majeure Event" is defined as earthquake, flood, pandemic (and governmental laws, regulations, requirements, and orders resulting therefrom), natural disasters, acts of war or acts of terrorism. Pandemic in the preceding sentence includes without limitation the COVID-19/ novel coronavirus (SARS-CoV-2) pandemic, which is the subject of the Governor's proclamation dated February 29, 2020, and subsequent proclamations. For the purposes of this section 1-09.11A(3)D, a "Third Party" is defined as a third party for whom neither the Contractor nor the City is responsible. 1-09.11A(3)D1 Caused Solely by Third Parties or Force Majeure 1-09.11A(3)D1a Adjustment of Contract Sum The City and the Contractor shall not be responsible to compensate each other financially for any Delay to the extent caused by a Third Party or a Force Majeure Event. A Delay caused by a utility's failure to provide service or relocate its lines (despite a timely request for such service or relocation) is an example of this kind of Delay for which neither the Contractor nor the City is financially responsible to the other. Mislocated utility lines or utility lines not located are another example of a Delay for which neither the Contractor nor the City is responsible to the other. However, the Contractor's failure to request a utility locate or relocation in a timely way is not, and any resulting Delay would be the responsibility of the Contractor. Because the Contractor is responsible for ordering materials and Equipment, Contractor shall not be entitled to an adjustment of Contract Time or Contract Sum due to Delays caused by the lack of materials or Equipment. A strike, job action, slowdown, work to rule, or other job action or labor dispute or problem is not a Delay caused by a third party. 1-09.11 A(3)D1 b Adjustment of Contract Time The Contractor shall be entitled to an extension of Contract Time for Delays to the extent caused by a Third Party or a Force Majeure Event. Extension of Contract Time shall be determined pursuant to 1- 08.8 EXTENSIONS OF TIME. Sewer 0 Division 1 -GENERAL REQUIREMENTS Addendum No. 1 WO No-UP3691 SP-131 May 2020