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Section 00 72 00 GENERAL CONDITIONS <br /> <br />City of Everett 00 72 00-50 June 2024 <br />WFP Air Scour Blower Building Replacement Issued for Bid <br />UP3813 <br />12.4.3.4 Third Party Caused Delays and Force Majeure <br />For the purposes of this section 12.4.3.4, a “Force Majeure Event” is defined as earthquake, <br />flood, pandemic (and governmental laws, regulations, requirements, and orders resulting <br />therefrom), natural disasters, acts of war or acts of terrorism. Pandemic in the preceding <br />sentence includes without limitation the COVID-19 / novel coronavirus (SARS-CoV-2) <br />pandemic, which is the subject of the Governor’s proclamation dated February 29, 2020, <br />and subsequent proclamations. <br />For the purposes of this section 12.4.3.4, a “Third Party” is defined as a third party for whom <br />neither the Contractor nor the City is responsible. <br />12.4.3.4.1 Adjustment of Contract Sum <br />The Owner and the Contractor shall not be responsible to compensate each other <br />financially for any Delay to the extent caused by a Third Party or a Force Majeure Event. <br />A Delay caused by a utility’s failure to provide service or relocate its lines (despite a <br />timely request for such service or relocation) is an example of this kind of Delay for <br />which neither the Contractor nor the Owner is financially responsible to the other. <br />Mislocated utility lines or utility lines not located are another example of a Delay for <br />which neither the Contractor nor the Owner is responsible to the other. However, the <br />Contractor’s failure to request a utility locate or relocation in a timely way is not, and any <br />resulting Delay would be the responsibility of the Contractor. Because the Contractor is <br />responsible for ordering materials and Equipment, Contractor shall not be entitled to an <br />adjustment of Contract Time or Contract Sum due to Delays caused by the lack of <br />materials or Equipment. A strike, job action, slowdown, work to rule, or other job action <br />or labor dispute or problem is not a Delay caused by a Third Party for the purposes of <br />section 12.4.3 Delays. <br />12.4.3.4. 2 Adjustment of Contract Time <br />The Contractor shall be entitled to an extension of Contract Time for Delays to the extent <br />caused by a Third Party or Force Majeure Event. Extension of Contract Time shall be <br />determined pursuant to 5.2.2.2 Extensions of Contract Time. <br />12.4.3.5 Extended or Unabsorbed Overhead <br />12.4.3.5.1 General <br />To present a request for additional compensation for Extended or Unabsorbed Overhead, <br />the Contractor has the burden of keeping and maintaining accurate documentation to <br />support any such claim. If the Contractor fails to provide or keep adequate financial data for <br />an accurate and fair Eichleay calculation, Contractor waives and releases any claim for <br />Unabsorbed or Extended Overhead. In presenting any claim under this section of the <br />Contract, the Contractor agrees to provide to the Owner any and all financial data needed <br />by the Owner, or its representative, to review, substantiate and evaluate any claim for <br />Extended and/or Unabsorbed Home Office Overhead. 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 Extended <br />Overhead, it shall be calculated as provided in 9.5.3. Unabsorbed and Extended <br />Overhead. <br />12.4.3.5.2 Elements <br />Contractor shall only be entitled to an adjustment of Contract Sum for Unabsorbed or <br />Extended Overhead if it clearly and convincingly demonstrates all of the following: <br />1. The Owner solely caused a delay to the Completion Date as measured by analysis of <br />the project duration by the critical path method pursuant to 5.2.2.2 Extensions of <br />Contract Time;