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CITY OF EVERETT SPECIAL PROVISIONS <br /> 1-09.11A(3)A2 Adjustment of Contract Time <br /> If the Contractor is entitled to an adjustment of Contract Time because of a <br /> Delay solely caused by the City that does not relate to Extra Work, Contractor <br /> shall be entitled to an adjustment of Contract Time to the extent the Delay <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 Owner <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 /> 1-09.11A(3)D1 Caused Solely by Third Parties or Force Majeure <br /> 1-09.11A(3)D1a Adjustment of Contract Sum <br /> The City 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 City is responsible; or for any Delay <br /> caused solely by earthquake, flood, natural disasters, acts of war or acts <br /> of terrorism. A Delay caused by a utility's failure to provide service or <br /> relocate its lines (despite a timely request for such service or relocation) 111 <br /> is an example of this kind of Delay for which neither the Contractor nor <br /> the City is financially responsible to the other. Mislocated utility lines or <br /> utility lines not located are another example of a Delay for which neither <br /> the 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 /> I <br /> Cleveland Avenue Division 1 —GENERAL REQUIREMENTS November 2018 <br /> Sewer System Replacement and <br /> Storm Water Separation <br /> WO No. UP3398 SP-142 1 <br />