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Van Fleet Water Production Facility Improvements BVP 13-196
<br /> 12.3.2 For all changes, the Contractor shall submit an itemized cost breakdown, together with
<br /> supporting data in the detail and form as prescribed by the Professional. When a credit is due,the amount
<br /> of credit to be allowed by the Contractor to the County for any change which results in a net decrease in
<br /> cost will be the amount of the actual net decrease in direct cost as determined by the Professional, plus
<br /> the applicable reduction in overhead and profit. When both additions and credits are involved in any
<br /> change, the combined overhead and profit shall be calculated on the basis of the net change, whether an
<br /> increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required
<br /> by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours
<br /> and rate for each piece of equipment, material by units of measure and price per unit, other costs
<br /> specifically itemized, plus the overhead and profit markup.
<br /> ARTICLE 13—CHANGE OF CONTRACT TIME
<br /> 13.1 The Contract Time may only be changed by a Change Order. Any requests for time extension
<br /> shall be documented within the Weekly Risk Report and shall be a direct result of any unforeseen risks
<br /> not previously identified by the Contractor. Should a request for time extension appear on the Weekly
<br /> Risk Report that is a result of previously identified risk, a determination as to the party responsible will
<br /> be made and so noted within the report.
<br /> 13.1.1 If the Contractor is delayed at any time in the performance, progress, commencement or
<br /> completion of the Work by any act or neglect of the County or the Professional, by an employee of either,
<br /> by any separate contractor employed by the County, by changes ordered in the Work, by labor disputes,
<br /> fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by the
<br /> Contractor using reasonable diligence or by any causes beyond the Contractor's control or fault, then the
<br /> Contract Time shall be extended by Change Order for such reasonable time as the County may
<br /> determine. The Contractor shall be entitled to an extension of time for causes only for the number of days
<br /> of delay which the County may determine to be due solely to these causes and only to the extent these
<br /> occurrences actually delay the completion of the Work; and then only if the Contractor shall have strictly
<br /> complied with all the requirements of the Contract Documents. Provided, however, notwithstanding
<br /> anything in the Contract Documents to the contrary, no interruption, interference, inefficiency,
<br /> suspension or delay in the performance, progress, commencement or completion of the Work for any
<br /> cause whatsoever, including those for which the County or the Professional may be responsible in whole
<br /> or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional
<br /> compensation from the County. The Contractor's sole and exclusive remedy against the County for
<br /> interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be right to
<br /> seek an extension to the Contract Time in accordance with the procedures set forth herein.
<br /> 13.1.2 Weather delays, as determined by the County's Project Manager, will automatically extend the
<br /> contract time by the same number of days.
<br /> ARTICLE 14-UNCONTROLLABLE FORCES (FORCE MAJEURE)
<br /> 14.1 Neither the County nor Contractor shall be considered to be in default of the Contract if delays
<br /> in, or failure of performance, shall be due to Uncontrollable Forces, the effect of which, by the exercise
<br /> of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces"
<br /> shall mean any event which results in the prevention or delay of performance by a party of its obligations
<br /> under this Contract and which is beyond the reasonable control of the non-performing party. It includes,
<br /> but is not limited to fire, flood, earthquakes, storms, lighting, epidemic, war, riot, civil disturbance,
<br /> sabotage, and governmental actions.
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