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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-94 <br />3. Documented, incurred cost of temporary facilities or equipment rental <br />extended because of the Delay; <br />4. Documented, incurred cost of insurance extended because of the Delay; <br />5. General and administrative overhead in an amount to be agreed upon, but <br />not to exceed three percent of original Contract Sum divided by the Contract <br />Time for each day of the Delay. <br />City shall not owe Contractor compensation for Extended Overhead or other <br />delay costs to the extent Contractor or anyone other than the City contributed <br />to or is concurrently responsible for the Delay. <br />1-09.11A(3)A2 Adjustment of Contract Time <br />If the Contractor is entitled to an adjustment of Contract Time because of a <br />Delay solely caused by the City that does not relate to Extra Work, Contractor <br />shall be entitled to an adjustment of Contract Time to the extent the Delay <br />increases the duration of the Project, as measured by the critical path and as <br />demonstrated pursuant to the requirements of 1-08.8 EXTENSIONS OF <br />TIME. <br />1-09.11A(3)B Contractor Caused Delay <br />If the Contractor is solely responsible for any Delay to any interim milestone, <br />Substantial Completion, Physical Completion, or the Completion Date, the City <br />shall be entitled to liquidated or other damages as provided elsewhere in the <br />Contract Documents. The Contractor accepts the risk of any Delays caused by <br />strikes, work slowdowns, job actions and labor unrest of any kind. Contractor <br />shall not be entitled to any increase in Contract Sum or Contract Time due to a <br />Delay it caused. <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 laws, regulations, <br />requirements, and orders resulting therefrom), natural disasters, acts of war <br />or acts of terrorism. 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 responsible.