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CITY OF EVERETT SPECIAL PROVISIONS <br />3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 <br />WO No – UP3775 SP – 102 <br />1-08.8 Extensions of Time <br />Delete the second paragraph of 1-08.8 and replace with: <br />In evaluating requests for time extension, the Engineer will consider how well the <br />Contractor used the time from Contract execution up to the point of the delay and the <br />effect the delay had on any completion times included in the Special Provisions. The <br />Engineer will evaluate and issue a Written Determination. <br />Delete the final two sentences of 1-08.8 and replace with: <br />If the Contractor does not agree with the Engineer’s Written Determination, the Contractor <br />shall provide Notice in accordance with Section 1-04.5. By failing to follow the procedures <br />of Section 1-04.5 and Section 1-9.11 , the Contractor completely waives claims for <br />protested Work. <br />Supplement 1-08.8 by adding the following: <br />Any requests for extensions in Contract Time, whether resulting from Extra Work directed <br />by the City or not, shall be accompanied by an analysis of schedules using the critical path <br />method. This analysis shall include an updated schedule, an as-planned schedule, an as- <br />built schedule, a but-for schedule, and narrative explaining the alleged causes, schedule <br />impacts and all costs related to or arising out of the proposed extension. Any requests for <br />extensions of Contract Time by the Contractor shall be submitted in accordance with these <br />Contract Documents. If a request combined with previous extension requests, equals 20 <br />percent or more of the original Contract Time then the Contractor’s letter of request must <br />bear consent of Surety if so required by the City. Extensions of Contract Time will be <br />granted only as provided in the Contract Documents and to the extent that affected critical <br />activities exceed the Total Float time along the affected paths of the reviewed Preliminary <br />Schedule at the time the change was authorized in writing by the City. Contractor has the <br />burden of clearly and convincingly demonstrating entitlement to any adjustment of <br />Contract Time. <br />If the City is solely responsible for any Delay to Substantial Completion, Physical <br />Completion, Completion Date, or Final Acceptance, the Contractor shall only be entitled <br />to compensation or other damages as described in 1-09.11A REMEDIES, provided that <br />Contractor timely gave Notice pursuant to 1-04.5 NOTICE BY CONTRACTOR, timely <br />submitted a Contract Claim pursuant to 1-09.11(2) CONTRACT CLAIMS and fulfilled the <br />requirements of 1-08.3 PROGRESS SCHEDULE. <br />1-08.9 Liquidated Damages <br />Revise the second and third paragraphs of 1-08.9 to read as follows: <br /> <br />Accordingly, the Contractor agrees: <br /> <br />1. To pay (according to the following formula) liquidated damages for each <br />working day beyond the number of working days established for Physical <br />Completion, and <br /> <br />2. To authorize the Engineer to deduct these liquidated damages from any <br />money due or coming due to the Contractor. <br /> <br />Liquidated Damages Formula <br /> <br />LD=0.15C/T <br /> <br />Where: