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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 – 131 <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 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 shall <br />be entitled to liquidated or other damages as provided elsewhere in the Contract <br />Documents. The Contractor accepts the risk of any Delays caused by strikes, work <br />slowdowns, job actions and labor unrest of any kind. Contractor shall not be entitled <br />to any increase in Contract Sum or Contract Time due to a 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 to <br />the extent the City caused the Delay to extend longer than if the Contractor had <br />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.. <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. <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 <br />service or relocate its lines (despite a timely request for such service or <br />relocation) is an example of this kind of Delay for which neither the <br />Contractor nor the City is financially responsible to the other. Mislocated <br />utility lines or utility lines not located are another example of a Delay for <br />which neither the Contractor nor the City is responsible to the other. <br />However, the Contractor’s failure to request a utility locate or relocation in <br />a timely way is not, and any resulting Delay would be the responsibility of <br />the Contractor. Because the Contractor is responsible for ordering <br />materials and Equipment, Contractor shall not be entitled to an <br />adjustment of Contract Time or Contract Sum due to Delays caused by <br />the lack of materials or Equipment. A strike, job action, slowdown, work <br />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 <br />Delays to the extent caused by a Third Party or a Force Majeure Event.