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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-74 <br />If the Contractor does not agree with the Engineer’s Written Determination, the <br />Contractor shall provide Notice in accordance with Section 1-04.5. By failing to follow the <br />procedures of Section 1-04.5 and Section 1-9.11, the Contractor completely waives <br />claims for protested Work. <br />Supplement 1-08.8 by adding the following: <br />Any requests for extensions in Contract Time, whether resulting from Extra Work <br />directed by the City or not, shall be accompanied by an analysis of schedules using the <br />critical path method. This analysis shall include an updated schedule, an as-planned <br />schedule, an as-built schedule, a but-for schedule, and narrative explaining the alleged <br />causes, schedule impacts and all costs related to or arising out of the proposed <br />extension. Any requests for extensions of Contract Time by the Contractor shall be <br />submitted in accordance with these Contract Documents. If a request combined with <br />previous extension requests, equals 20 percent or more of the original Contract Time <br />then the Contractor’s letter of request must bear consent of Surety if so required by the <br />City. Extensions of Contract Time will be granted only as provided in the Contract <br />Documents and to the extent that affected critical activities exceed the Total Float time <br />along the affected paths of the reviewed Preliminary Schedule at the time the change <br />was authorized in writing by the City. Contractor has the burden of clearly and <br />convincingly demonstrating entitlement to any adjustment of 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 />Accordingly, the Contractor agrees: <br />1. To pay (according to the following formula) liquidated damages for each working <br />day beyond the number of working days established for Physical Completion, <br />and <br />2. To authorize the Engineer to deduct these liquidated damages from any money <br />due or coming due to the Contractor. <br />Liquidated Damages Formula <br />LD=0.15C/T <br />Where: <br />LD = liquidated damages per working day (rounded to the nearest dollar) <br />C = original Contract amount <br />T = original time for Physical Completion <br />When the Contract Work has progressed to Substantial Completion as defined in the <br />Contract, the Engineer may determine that the work is Substantially Complete. The <br />Engineer will notify the Contractor in writing of the Substantial Completion Date. For <br />overruns in Contract time occurring after the date so established, the formula for <br />liquidated damages shown above will not apply. For overruns in Contract time occurring