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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 138 <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 />For the purposes of this section 1-09.11A(3)D, a “Force Majeure Event” is <br />defined as earthquake, flood, pandemic (and governmental laws, regulations, <br />requirements, and orders resulting therefrom), natural disasters, acts of war <br />or acts of terrorism. Pandemic in the preceding sentence includes without <br />limitation the COVID-19 pandemic. <br />For the purposes of this section 1-09.11A(3)D, a “Third Party” is defined as a <br />third party for whom neither the Contractor nor the City is responsible. <br />1-09.11A(3)D1 Adjustment of Contract Sum <br />The City and the Contractor shall not be responsible to compensate each <br />other financially for any Delay to the extent caused by a Third Party or a <br />Force Majeure Event. A Delay caused by a utility’s failure to provide <br />service or relocate its lines (despite a timely request for such service or <br />relocation) is an example of this kind of Delay for which neither the <br />Contractor nor the City is financially responsible to the other. Mislocated <br />utility lines or utility lines not located are another example of a Delay for <br />which neither the Contractor nor the City is responsible to the other. <br />However, the Contractor’s failure to request a utility locate or relocation in <br />a timely way is not, and any resulting Delay would be the responsibility of <br />the Contractor. Because the Contractor is responsible for ordering <br />materials and Equipment, Contractor shall not be entitled to an <br />adjustment of Contract Time or Contract Sum due to Delays caused by <br />the lack of materials or Equipment. A strike, job action, slowdown, work <br />to rule, or other job action or labor dispute or problem is not a Delay <br />caused by a Third Party. <br />1-09.11A(3)D1 Adjustment of Contract Time <br />The Contractor shall be entitled to an extension of Contract Time for <br />Delays to the extent caused by a Third Party or a Force Majeure Event. <br />Extension of Contract Time shall be determined pursuant to 1-08.8 <br />EXTENSIONS OF TIME. <br />1-09.11A(4) Extended or Unabsorbed Overhead <br />1-09.11A(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 keep <br />adequate financial data for an accurate and fair calculation, Contractor waives and <br />releases any claim for Unabsorbed or Extended Overhead. In presenting any claim <br />under this section of the Contract, the Contractor agrees to provide to the City any <br />and all financial data needed by the City, or its representative, to review, <br />substantiate and evaluate any claim for Extended or Unabsorbed Home Office <br />Overhead, or both. Failure to provide the requested information shall constitute <br />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.