American Process Group LLC 10/31/2023

City of Everett 00 7200 - 47 2024 WPCF Biosolids Removal UT 3826-2 00 7200 - 47 GENERAL CONDITIONS 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 12.4.3.4, a “Third Party” is defined as a third party for whom neither the Contractor nor the City is responsible. 12.4.3.4.1 Adjustment of Contract Sum The Owner 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 Owner 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 Owner 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 for the purposes of section 12.4.3 Delays. 12.4.3.4. 2 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 Force Majeure Event. Extension of Contract Time shall be determined pursuant to 5.2.2.2 Extensions of Contract Time. 12.4.3.5 Extended or Unabsorbed Overhead 12.4.3.5.1 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 adequate 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 Owner any and all financial data needed by the Owner, or its representative, to review, substantiate and evaluate any claim for Extended and/or Unabsorbed Home Office Overhead. 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 9.5.3. Unabsorbed and Extended Overhead. 12.4.3.5.2 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 Owner solely caused a delay to the Completion Date as measured by analysis of the project duration by the critical path method pursuant to 5.2.2.2 Extensions of Contract Time; 2. Because of such Delay, the Contractor was forced to suspend or significantly interrupt its performance so that it was on standby or idled, and the Owner required the Contractor to be ready to resume performance on short notice. Extended time of performance of Work, such as extensions caused by changes, inefficiencies, or Extra Work, does not constitute suspension or significant interruption of performance. 3. The Contractor could not and did not use resources, including but not limited to labor, materials and equipment, standing by or idled on this or any other project for any work during the period of delay;