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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-95 <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 service <br />or relocate its lines (despite a timely request for such service or relocation) is <br />an example of this kind of Delay for which neither the Contractor nor the City <br />is financially responsible to the other. Mislocated utility lines or utility lines not <br />located are another example of a Delay for which neither the Contractor nor <br />the City is responsible to the other. However, the Contractor’s failure to <br />request a utility locate or relocation in a timely way is not, and any resulting <br />Delay would be the responsibility of the Contractor. Because the Contractor is <br />responsible for ordering materials and Equipment, Contractor shall not be <br />entitled to an adjustment of Contract Time or Contract Sum due to Delays <br />caused by the lack of materials or Equipment. A strike, job action, slowdown, <br />work to rule, or other job action or labor dispute or problem is not a Delay <br />caused 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 Delays <br />to the extent caused by a Third Party or a Force Majeure Event. Extension of <br />Contract Time shall be determined pursuant to 1-08.8 EXTENSIONS OF <br />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 <br />keep adequate financial data for an accurate and fair Eichleay calculation, <br />Contractor waives and releases any claim for Unabsorbed or Extended <br />Overhead. In presenting any claim under this section of the Contract, the <br />Contractor agrees to provide to the City any and all financial data needed by the <br />City, or its representative, to review, substantiate and evaluate any claim for <br />Extended or Unabsorbed Home Office Overhead, or both. Failure to provide the <br />requested information shall constitute waiver by the Contractor. <br />If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed or <br />Extended Overhead, it shall be calculated as provided in these Special <br />Provisions. <br />1-09.11A(4)A1 Elements <br />Contractor shall only be entitled to an adjustment of Contract Sum for <br />Unabsorbed or Extended Overhead if it clearly and convincingly <br />demonstrates all of the following: <br />1. The City solely caused a Delay to the Completion Date as measured by <br />analysis of the project duration by the critical path method pursuant to 1-08.3 <br />PROGRESS SCHEDULE; <br />2. Because of the Delay described in subsection (1), the Contractor was forced <br />to suspend or significantly interrupt its performance so that it was on standby <br />or idled, and the City required the Contractor to be ready to resume <br />performance on short notice. Extended time of performance of Work, such as