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1 <br /> City of Everett 00 7200 -46 <br /> I <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 1 <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 /> 1. 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 to the <br /> extent Contractor or anyone other than the City contributed to or is concurrently responsible for the <br /> 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. 111 <br /> 12.4.3.3 Delays Concurrently Caused by Contractor and Owner <br /> If the Owner and the Contractor cause a Delay concurrently,neither the Owner nor the Contractor shall be <br /> liable to the other except as provided herein. <br /> 12.4.3.3.1 Adjustment of Contract Sum <br /> The Contractor shall not be entitled to any adjustment in Contract Sum for Delays concurrently I <br /> caused by the Owner and the Contractor. <br /> 12.4.3.3.2 Adjustment of Contract Time <br /> The Contractor shall be entitled to an extension of Contract Time for the Owner caused portion of any I <br /> Delay concurrently caused by the Owner and Contractor to the extent the Owner caused the Delay to <br /> extend longer than if the Contractor had solely caused the Delay. <br /> 12.4.3.4 Third Party Caused Delays and Force Majeure <br /> For the purposes of this section 12.4.3.4, a"Force Majeure Event"is defined as earthquake, flood, <br /> pandemic(and governmental laws,regulations,requirements,and orders resulting therefrom),natural <br /> 00 7200 - 46 GENERAL CONDITIONS <br />