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I <br /> CITY OF EVERETT SPECIAL PROVISIONS [Modified per Addendum #1] <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 <br /> disasters, 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 <br /> Delay 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 /> 1-09.11A(3)E2 Adjustment of Contract Time <br /> The Contractor shall be entitled to an adjustment of Contract Time for any <br /> Delay 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 /> 1-09.11A(4) Extended or Unabsorbed Overhead <br /> 1-09.11 A(4)A General <br /> To present a request for additional compensation for Extended or Unabsorbed <br /> Overhead, the Contractor has the burden of keeping and maintaining accurate <br /> documentation to support any such claim. If the Contractor fails to provide or <br /> keep inadequate financial data for an accurate and fair Eichleay calculation, <br /> Contractor waives and releases any claim for Unabsorbed or Extended Overhead. <br /> In presenting any claim under this section of the Contract, the Contractor agrees <br /> to provide to the City any and all financial data needed by the City, or its <br /> representative, to review, substantiate and evaluate any claim for Extended or <br /> Unabsorbed Home Office Overhead, or both. Failure to provide the requested <br /> information shall constitute waiver by the Contractor. <br /> If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed or <br /> Extended Overhead, it shall be calculated as provided in these Special Provisions. <br /> 1-09.11A(4)A1 Elements <br /> Contractor shall only be entitled to an adjustment of Contract Sum for <br /> Unabsorbed or Extended Overhead if it clearly and convincingly <br /> demonstrates all of the following: <br /> 1. The City solely caused a Delay to the Completion Date as measured <br /> by analysis of the project duration by the critical path method <br /> pursuant to 1-08.3 PROGRESS SCHEDULE; <br /> 2. Because of the Delay described in subsection (A), the Contractor <br /> was forced to suspend or significantly interrupt its performance so <br /> that it was on standby or idled, and the City required the Contractor <br /> to be ready to resume performance on short notice. Extended time <br /> of performance of Work, such as extensions caused by changes, <br /> inefficiencies, or extra Work, does not constitute suspension or <br /> significant interruption of performance. <br /> Sewer 0 Division 1 —GENERAL REQUIREMENTS Addendum No. 1 <br /> WO No—UP3691 SP—132 May 2020 <br />