IMCO General Construction, Inc. 6/10/2024

5. General and administrative Overhead in an amount to be agreed upon, but not to exceed three percent (3%) of original Contract Sum divided by the Contract Time for each day of the Delay. Owner shall not owe Contractor compensation for extended Overhead or other delay costs to the extent Contractor or anyone other than the City contributed to or is concurrently responsible for the Delay. 12.4.3.1.2 Adjustment of Contract Time If the Contractor is entitled to an adjustment of Contract Time because of a Delay solely caused by the Owner that does not relate to Extra Work, Contractor shall be entitled to an adjustment of Contract Time to the extent the Delay increases the duration of the Project, as measured by the critical path and as demonstrated pursuant to the requirements of 5.2.2.2 Extensions of Contract Time. 12.4.3.2 Contractor Caused Delay If the Contractor is solely responsible for any Delay to any interim milestone, Substantial Completion, Physical Completion or the Completion Date, the Owner shall be entitled to liquidated or other damages as provided elsewhere in the Contract Documents. The Contractor accepts the risk of any Delays caused by strikes, work slowdowns, job actions and labor unrest of any kind. Contractor shall not be entitled to any increase in Contract Sum or Contract Time due to a Delay it caused. 12.4.3.3 Delays Concurrently Caused by Contractor and Owner If the Owner and the Contractor cause a Delay concurrently, neither the Owner nor the Contractor shall be liable to the other except as provided herein. 12.4.3.3.1 Adjustment of Contract Sum The Contractor shall not be entitled to any adjustment in Contract Sum for Delays concurrently caused by the Owner and the Contractor. 12.4.3.3.2 Adjustment of Contract Time The Contractor shall be entitled to an extension of Contract Time for the Owner caused portion of any Delay concurrently caused by the Owner and Contractor to the extent the Owner caused the Delay to extend longer than if the Contractor had solely caused the Delay. 12.4.3.4 Third Party Caused Delays and Force Majeure For the purposes of this section 12.4.3.4, a "Force Majeure Event" is defined as earthquake, flood, (and governmental laws, regulations, requirements, and orders resulting therefrom), natural disasters, acts of war or acts of terrorism. For the purposes of this section 12.4.3.4, a "Third Party" is defined as a third party for whom neither the Contractor nor the City is responsible. 12.4.3.4.1 Adjustment of Contract Sum The Owner and the Contractor shall not be responsible to compensate each other financially for any Delay to the extent caused by a Third Party or a Force Majeure Event. A Delay caused by a utility's failure to provide service or relocate its lines (despite a timely request for such service or relocation) is an example of this kind of Delay for which neither the Contractor nor the Owner is financially responsible to the other. Mislocated utility lines or utility lines not located are another example of a Delay for which neither the Contractor nor the Owner is responsible to the other. However, the Contractor's failure to request a utility locate or relocation in a timely way is not, and any resulting Delay would be the responsibility of the Contractor. Because the Contractor is responsible for ordering materials and Equipment, Contractor shall not be entitled to an adjustment of Contract Time or Contract Sum due to Delays caused by the lack of materials or Equipment. A strike, job action, slowdown, work to rule, or other job action or labor dispute or problem is not a Delay caused by a Third Party for the purposes of section 12.4.3 Delays. 12.4.3.4.2 Adjustment of Contract Time Reservoir 3 Replacement Phase 1 Work Order No. UP3739 00 72 00 GENERAL CONDITIONS March 2024