Allied Construction Associates Inc. 4/23/2021

CITY OF EVERETT SPECIAL PROVISIONS 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 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. Mis-located 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. 1-09.11A(3)D1 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. 1-09.11A(4) Extended or Unabsorbed Overhead 1-09.11A(4)A General To present a request for additional compensation for Extended or Unabsorbed Overhead, the Contractor has the burden of keeping and maintaining accurate documentation to support any such claim. If the Contractor fails to provide or keep inadequate financial data for an accurate and fair Eichleay calculation, Contractor waives and releases any claim for Unabsorbed or Extended Overhead. In presenting any claim under this section of the Contract, the Contractor agrees to provide to the City any and all financial data needed by the City, or its representative, to review, substantiate and evaluate any claim for Extended or Unabsorbed Home Office Overhead, or both. Failure to provide the requested information shall constitute waiver by the Contractor. If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed or Extended Overhead, it shall be calculated as provided in these Special Provisions. 1-09.11A(4)A1 Elements Contractor shall only be entitled to an adjustment of Contract Sum for Unabsorbed or Extended Overhead if it clearly and convincingly demonstrates all of the following: 1. The City solely caused a Delay to the Completion Date as measured by analysis of the project duration by the critical path method pursuant to 1-08.3 PROGRESS SCHEDULE; SEI to SRI Intertie,SROB Rehab Division 1 -GENERAL REQUIREMENTS WO No.-UP3714 SP-116 I