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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 2 Div 1 – GEN REQUIREMENTS October 2025 <br />Work Order No. UP 3814 SP-136 <br />Category 2: Sensitive information <br />Category 2: For official use only / disclosure permissible by law. <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 or <br />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. <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) <br />is an example of this kind of Delay for which neither the Contractor nor the <br />City is financially responsible to the other. Mislocated utility lines or utility <br />lines not located are another example of a Delay for which neither the <br />Contractor nor the City is responsible to the other. However, the <br />Contractor’s failure to request a utility locate or relocation in a timely way <br />is not, and any resulting Delay would be the responsibility of the <br />Contractor. Because the Contractor is responsible for ordering materials <br />and Equipment, Contractor shall not be entitled to an adjustment of <br />Contract Time or Contract Sum due to Delays caused by the lack of <br />materials or Equipment. A strike, job action, slowdown, work to rule, or <br />other job action or labor dispute or problem is not a Delay caused by a <br />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. <br />Extension of Contract Time shall be determined pursuant to 1-08.8 <br />EXTENSIONS OF 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 keep <br />adequate financial data for an accurate and fair Eichleay calculation, Contractor <br />waives and releases any claim for Unabsorbed or Extended Overhead. In <br />presenting any claim under this section of the Contract, the Contractor agrees to <br />provide to the City any and all financial data needed by the City, or its <br />representative, to review, substantiate and evaluate any claim for Extended or <br />Unabsorbed Home Office Overhead, or both. Failure to provide the requested <br />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 Provisions.