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City of Everett 00 7200 - 44 <br /> 2020 Biosolids Removal UT3705-11 <br /> 12.4 REMEDIES <br /> 12.4.1 General <br /> If a Contract Claim has merit in whole or in part,then Contractor's sole remedies shall be those provided <br /> in this subsection. Contractor must timely and strictly comply with the requirements of 10.NOTICE TO <br /> OWNER, 12.CONTRACT CLAIMS and all other General Conditions relating to the Contract Claim. <br /> Adjustments to Contract Time shall be determined pursuant to 5.2.2.2 Extensions of Contract Time. <br /> Failure to comply strictly and timely shall be deemed a waiver of the Contract Claim. <br /> 12.4.2 Extra Work ' <br /> 12.4.2.1 Adjustment of Contract Sum <br /> If the Contractor is entitled to an adjustment of Contract Sum because of Extra Work,the adjustment shall <br /> be calculated and paid as provided in 9.5.ADJUSTMENT OF CONTRACT SUM. This amount <br /> includes jobsite and home office Overheads for such Work, including any schedule delays relating to such <br /> Work. Therefore,no compensation in addition to that provided in 9.6.FORCE ACCOUNT shall be <br /> paid for such thing as extended Overhead or other costs or damages. <br /> 12.4.2.2 Extension of Contract Time <br /> Extensions of Contract Time caused by Extra Work shall be determined as provided in 5.2.2.2 <br /> Extensions of Contract Time. <br /> 12.4.3 Delays <br /> 12.4.3. Owner Caused Delay Unrelated to Extra Work ' <br /> 12.4.3.1.1 Adjustment of Contract Sum <br /> If the Contractor is entitled to an adjustment of Contract Sum because of a Delay solely caused by the <br /> Owner that does not relate to Extra Work, Contractor shall only be compensated for the items below, <br /> less all funds paid pursuant to any change in the Contract Sum that contributed to the Delay: <br /> I. Documented, incurred cost of nonproductive field supervision or labor extended because of the <br /> Delay; <br /> 2. Documented, incurred cost of home office supervision to attend jobsite meetings; <br /> 3. Documented, incurred cost of temporary facilities or equipment rental extended because of the I <br /> Delay; <br /> 4. Documented, incurred cost of insurance extended because of the Delay; <br /> 5. General and administrative Overhead in an amount to be agreed upon,but not to exceed three <br /> percent(3%)of original Contract Sum divided by the Contract Time for each day of the Delay. <br /> Owner shall not owe Contractor compensation for extended Overhead or other delay costs where <br /> Contractor contributed to or is concurrently responsible for the Delay. <br /> 12.4.3.1.2 Adjustment of Contract Time <br /> If the Contractor is entitled to an adjustment of Contract Time because of a Delay solely caused by <br /> the Owner that does not relate to Extra Work, Contractor shall be entitled to an adjustment of <br /> Contract Time to the extent the Delay increases the duration of the Project, as measured by the critical <br /> path and as demonstrated pursuant to the requirements of 5.2.2.2 Extensions of Contract Time. <br /> 12.4.3.2 Contractor Caused Delay <br /> If the Contractor is solely responsible for any Delay to any interim milestone, Substantial Completion, <br /> Physical Completion or the Completion Date,the Owner shall be entitled to liquidated or other damages <br /> as provided elsewhere in the Contract Documents. The Contractor accepts the risk of any Delays caused <br /> by strikes,work slowdowns,job actions and labor unrest of any kind. Contractor shall not be entitled to <br /> any increase in Contract Sum or Contract Time due to a Delay it caused. <br /> 00 7200 - 44 GENERAL CONDITIONS , <br />