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City of Everett 00 72 00 - 49 <br />Port Gardner Storage Facility - Demolition Package WO# UP-3525 <br />00 72 00 - 49 GENERAL CONDITIONS <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. <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 <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 <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 />disasters, acts of war or acts of terrorism. Pandemic in the preceding sentence includes without <br />limitation the COVID-19 / novel coronavirus (SARS-CoV-2) pandemic, which is the subject of the <br />Governor’s proclamation dated February 29, 2020, and subsequent proclamations. <br />For the purposes of this section 12.4.3.4, a “Third Party” is defined as a third party for whom neither <br />the Contractor nor the City is responsible.