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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> 1-09.11A(3)D1b Adjustment of Contract Time <br /> The Contractor shall be entitled to an extension of Contract Time for <br /> Delays caused solely by a third party for whom neither the Contractor nor <br /> the City is responsible, or for any Delay caused solely by earthquake, <br /> ' flood, natural disasters, acts of war or acts of terrorism. Extension of <br /> Contract Time shall be determined pursuant to 1-08.8 EXTENSIONS OF <br /> TIME. <br /> 1-09.11A(3)E Delays Caused Concurrently by Third Parties and Contractor <br /> or City <br /> 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 City, <br /> then the Contractor or City is only responsible for the amount of Delay it caused in <br /> excess of the Delay caused by the a third party, earthquake, flood, natural disasters, <br /> acts of war or acts of terrorism. <br /> 1-09.11A(3)E1 Adjustment of Contract Sum <br /> The Contractor shall be entitled to an adjustment of Contract Sum for any Delay <br /> concurrently caused by a third party and the City, but only to the extent <br /> Contractor clearly and convincingly demonstrates that the City caused the <br /> Delay to be longer than it would have been had it been caused solely by the <br /> third party. <br /> 1-09.11A(3)E2 Adjustment of Contract Time <br /> The Contractor shall be entitled to an adjustment of Contract Time for any Delay <br /> concurrently caused by a third party and the City, but only to the extent <br /> Contractor clearly and convincingly demonstrates that the City caused the <br /> Delay to be longer than it would have been had it been caused solely by the <br /> third party. <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 /> inadequate 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. <br /> 1-09.11 A(4)A1 Elements <br /> Contractor shall only be entitled to an adjustment of Contract Sum for <br /> Unabsorbed or Extended Overhead if it clearly and convincingly demonstrates <br /> all of the following: <br /> 1. The City solely caused a Delay to the Completion Date as measured <br /> by analysis of the project duration by the critical path method pursuant <br /> to 1-08.3 PROGRESS SCHEDULE; <br /> Cleveland Avenue Division 1 -GENERAL REQUIREMENTS November 2018 <br /> Sewer System Replacement and <br /> Storm Water Separation <br /> WO No. UP3398 SP -143 <br />