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Section 00 72 00 GENERAL CONDITIONS <br /> <br />City of Everett 00 72 00-49 June 2024 <br />WFP Air Scour Blower Building Replacement Issued for Bid <br />UP3813 <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 <br />caused by the Owner that does not relate to Extra Work, Contractor shall only be <br />compensated for the items below, less all funds paid pursuant to any change in the Contract <br />Sum that contributed to the Delay: <br />1. Documented, incurred cost of nonproductive field supervision or labor extended because <br />of the 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 <br />of the 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 <br />exceed three percent (3%) of original Contract Sum divided by the Contract Time for <br />each day of the Delay. <br />Owner shall not owe Contractor compensation for extended Overhead or other delay costs <br />to the extent Contractor or anyone other than the City contributed to or is concurrently <br />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 <br />caused by the Owner that does not relate to Extra Work, Contractor shall be entitled to an <br />adjustment of Contract Time to the extent the Delay increases the duration of the Project, as <br />measured by the critical path and as demonstrated pursuant to the requirements of 5.2.2.2 <br />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 <br />Completion, Physical Completion or the Completion Date, the Owner shall be entitled to <br />liquidated or other damages as provided elsewhere in the Contract Documents. The Contractor <br />accepts the risk of any Delays caused by strikes, work slowdowns, job actions and labor unrest <br />of any kind. Contractor shall not be entitled to any increase in Contract Sum or Contract Time <br />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 <br />Contractor shall be 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 <br />concurrently 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 <br />portion of any Delay concurrently caused by the Owner and Contractor to the extent the <br />Owner caused the Delay to extend longer than if the Contractor had solely caused the <br />Delay.