Laserfiche WebLink
CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> 1 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> 2) Adjustment of Contract Time <br /> a) The Contractor shall be entitled to an extension of Contract Time for the <br /> Owner caused portion of any Delay concurrently caused by the Owner and <br /> Contractor to the extent the Owner caused the Delay to extend longer than if <br /> the Contractor had solely caused the Delay. <br /> 4. Third Party Caused Delays and Force Majeure <br /> a. Caused Solely by Third Parties or Force Majeure <br /> 1) Adjustment of Contract Sum <br /> a) The Owner and the Contractor shall not be responsible to compensate each <br /> other financially for any Delay solely caused by a third party for whom <br /> neither the Contractor nor the Owner is responsible, or for any Delay caused <br /> solely by earthquake, flood, natural disasters, acts of war or acts of <br /> terrorism. <br /> b) A Delay caused by a utility's failure to provide service or relocate its lines <br /> (despite a timely request for such service or relocation) is an example of this <br /> kind of Delay for which neither the Contractor nor the Owner is financially <br /> responsible to the other. <br /> c) Mislocated utility lines or utility lines not located are another example of a <br /> Delay for which neither the Contractor nor the Owner is responsible to the <br /> other. <br /> i) However, the Contractor's failure to request a utility locate or relocation <br /> in a timely way is not, and any resulting Delay would be the <br /> responsibility of the Contractor. Because the Contractor is responsible <br /> for ordering materials and Equipment, Contractor shall not be entitled to <br /> an adjustment of Contract Time or Contract Sum due to Delays caused <br /> 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 <br /> Delay caused by a third party for the purposes of 12.4.0 Delays. <br /> 2) Adjustment of Contract Time <br /> a) The Contractor shall be entitled to an extension of Contract Time for Delays <br /> caused solely by a third party for whom neither the Contractor nor the <br /> Owner is responsible, or for any Delay caused solely by earthquake, flood, <br /> natural disasters. acts of war or acts of terrorism. Extension of Contract <br /> Time shall be determined pursuant to 5.2.C. Extensions of Contract Time. <br /> b. Caused Concurrently by Third Parties and Contractor or Owner <br /> 1) If a Delay is caused concurrently by (a) a third party, earthquake, flood, natural <br /> disasters, acts of war or acts of terrorism and (b) either the Contractor or the <br /> Owner,then the Contractor or Owner is only responsible for the amount of Delay <br /> it caused in excess of the Delay caused by the a third party, earthquake, flood, <br /> natural disasters,acts of war or acts of terrorism. <br /> 2) Adjustment of Contract Sum <br /> a) The Contractor shall be entitled to an adjustment of Contract Sum for any <br /> Delay concurrently caused by a third party and the Owner, but only to the <br /> extent Contractor clearly and convincingly demonstrates that the Owner <br /> caused the Delay to be longer than it would have been had it been caused <br /> solely by the third party. <br /> 3) Adjustment of Contract Time <br /> a) The Contractor shall be entitled to an adjustment of Contract Time for any <br /> Delay concurrently caused by a third party and the Owner, but only to the <br /> THREE LAKES VALVE BYPASS July 19, 2017 , <br /> WO#UP3611 00 72 13 - 56 <br />