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1 <br /> c) Mislocated utility lines or utility lines not located are another example of a Delay <br /> for which neither the Contractor nor the Owner is responsible to the other. <br /> i) However, the Contractor's failure to request a utility locate or relocation in a <br /> timely way is not, and any resulting Delay would be the responsibility of the <br /> Contractor. Because the Contractor is responsible for ordering materials and <br /> Equipment,Contractor shall not be entitled to an adjustment of Contract Time or <br /> Contract Sum due to Delays caused by the lack of materials or Equipment. A <br /> strike,job action, slowdown,work to rule, or other job action or labor dispute or <br /> problem is not a Delay caused by a third party for the purposes of 12.4.0 <br /> I Delays. <br /> 2) Adjustment of Contract Time <br /> a) The Contractor shall be entitled to an extension of Contract Time for Delays caused <br /> solely by a third party for whom neither the Contractor nor the Owner is <br /> responsible, or for any Delay caused solely by earthquake, flood, natural disasters, <br /> acts of war or acts of terrorism. Extension of Contract Time shall be determined <br /> 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 disasters, <br /> acts of war or acts of terrorism and (b) either the Contractor or the Owner, then the <br /> Contractor or Owner is only responsible for the amount of Delay it caused in excess of <br /> the Delay caused by the a third party, earthquake, flood, natural disasters, acts of war or <br /> acts of terrorism. <br /> 2) Adjustment of Contract Sum <br /> a) The Contractor shall be entitled to an adjustment of Contract Sum for any Delay <br /> concurrently caused by a third party and the Owner, but only to the extent <br /> Contractor clearly and convincingly demonstrates that the Owner caused the Delay <br /> to be longer than it would have been had it been caused 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 Delay <br /> concurrently caused by a third party and the Owner, but only to the extent <br /> Contractor clearly and convincingly demonstrates that the Owner caused the Delay <br /> to be longer than it would have been had it been caused solely by the third party. <br /> 5. Extended or Unabsorbed Overhead <br /> a. General <br /> 1) To present a request for additional compensation for Extended or Unabsorbed Overhead, <br /> the Contractor has the burden of keeping and maintaining accurate documentation to <br /> support any such claim. If the Contractor fails to provide or keep adequate financial data <br /> for an accurate and fair Eichleay calculation, Contractor waives and releases any claim <br /> for Unabsorbed or Extended Overhead. In presenting any claim under this section of the <br /> Contract,the Contractor agrees to provide to the Owner any and all financial data needed <br /> by the Owner, or its representative, to review, substantiate and evaluate any claim for <br /> Extended and/or Unabsorbed Home Office Overhead. Failure to provide the requested <br /> information shall constitute waiver by the Contractor. <br /> 2) If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed or Extended <br /> Overhead, it shall be calculated as provided in 9.6. Unabsorbed and Extended <br /> Overhead. <br /> b. Elements <br /> 1) Contractor shall only be entitled to an adjustment of Contract Sum for Unabsorbed or <br /> Extended Overhead if it clearly and convincingly demonstrates all of the following: <br /> a) The Owner solely caused a delay to the Completion Date as measured by analysis of <br /> the project duration by the critical path method pursuant to 5.2.C. Extensions of <br /> Contract Time; <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL CONDITIONS <br /> 111 <br /> 00 72 13-53 Issue for Bid <br />