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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 <br />Work Order No. UP 3814 SP-135 <br />1-09.11A(3)C Delays Concurrently Caused by Contractor and City <br />If the City and the Contractor cause a Delay concurrently, neither the City nor the <br />Contractor shall be liable to the other except as provided herein. <br />1-09.11A(3)C1 Adjustment of Contract Sum <br />The Contractor shall not be entitled to any adjustment in Contract Sum for <br />Delays concurrently caused by the City and the Contractor. <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 <br />to the extent the City caused the Delay to extend longer than if the Contractor <br />had 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 <br />laws, regulations, requirements, and orders resulting <br />therefrom), natural disasters, acts of war or acts of terrorism . <br />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 <br />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 to <br />rule, or other job action or labor dispute or problem is not a Delay caused <br />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 Eichleay calculation, Contractor <br />waives and releases any claim for Unabsorbed or Extended Overhead. In