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CITY OF EVERETT SPECIAL PROVISIONS <br />LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 <br />WO No – UP3529 SP – 112 <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: <br /> <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 /> <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 <br />after the Substantial Completion Date, liquidated damages shall be assessed on the <br />basis of direct engineering and related costs assignable to the project until the actual <br />Physical Completion Date of all the Contract Work. The Contractor shall complete the <br />remaining Work as promptly as possible. Upon request by the Project Engineer, the