KLB CONSTRUCTION INC. 6/23/2010 - Laserfiche WebLink

12.4.3.4.1 Adjustment of Contract Sum The City and the Contractor shall not be responsible to compensate each other financially for any Delay ' solely caused by a third party for whom neither the Contractor nor the City is responsible, or for any Delay caused solely by earthquake, flood, natural disasters, acts of war or acts of terrorism. A Delay caused by a utility's failure to provide service or relocate its lines (despite a timely request for such service or relocation) is an example of this kind of Delay for which neither the Contractor nor the City is financially ' responsible to the other. Mislocated utility lines or utility lines not located are another example of a Delay for which neither the Contractor nor the City is responsible to the other. However, the Contractor's failure to request a utility locate or relocation in a timely way is not, and any resulting Delay would be the ' responsibility of the Contractor. Because the Contractor is responsible for ordering materials and equipment, Contractor shall not be entitled to an adjustment of Contract Time or Contract Sum due to Delays caused by the lack of materials or equipment. A strike,job action, slowdown, work to rule, or other job action or labor dispute or problem is not a Delay caused by a third party for the purposes of section 12.4.3 Delays. 12.4.3.4.2 Adjustment of Contract Time ' The Contractor shall be entitled to an extension of Contract Time for Delays caused solely by a third party for whom neither the Contractor nor the City is responsible, or for any Delay caused solely by earthquake, flood, natural disasters, acts of war or acts of terrorism. Extension of Contract Time shall be determined pursuant to section 5.2.2.2 Extensions of Contract Time 12.4.3.4.2 Caused Concurrently by Third Parties and Contractor or Owner If a Delay is caused concurrently by (a) a third party, earthquake, flood, natural disasters, acts of war or ' acts of terrorism and (b)either the Contractor or the City, then the Contractor or City is only responsible for the amount of Delay it caused in excess of the Delay caused by the a third party, earthquake, flood, natural disasters, acts of war or acts of terrorism. ' 12.4.3.4.2.1 Adjustment of Contract Sum The Contractor shall be entitled to an adjustment of Contract Sum for any Delay concurrently caused by a third party and the City, but only to the extent Contractor clearly and convincingly demonstrates that the ' City caused the Delay to be longer than it would have been had it been caused solely by the third party. 12.4.3.4.2.2 Adjustment of Contract Time ' The Contractor shall be entitled to an adjustment of Contract Time for any Delay concurrently caused by a third party and the City, but only to the extent Contractor clearly and convincingly demonstrates that the City caused the Delay to be longer than it would have been had it been caused solely by the third party. ' 12.4.3.5 Extended or Unabsorbed Overhead 12.4.3.5.1 General To present a request for additional compensation for Extended or Unabsorbed Overhead, the Contractor has the burden of keeping and maintaining accurate documentation to support any such claim. If the Contractor fails to provide or keep adequate financial data for an accurate and fair Eichleay calculation, Contractor waives and releases any claim for Unabsorbed or Extended Overhead . In presenting any claim under this Section of the Contract, the Contractor agrees to provide to the City any and all financial data needed by the City, or its representative, to review, substantiate and evaluate any claim for Extended and/or Unabsorbed Home Office Overhead. Failure to provide the requested information shall constitute waiver by the Contractor. If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed or Extended Overhead, it shall be calculated as provided in section 9.5.3 Unabsorbed and Extended Overhead. 12.4.3.5.2 Elements ' Contractor shall only be entitled to an adjustment of Contract Sum for Unabsorbed or Extended Overhead if it clearly and convincingly demonstrates all of the following: EVERETT RIVERFRONT SURCHARGE GENERAL CONDITIONS PHASE 3 00710-45