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CITY OF EVERETT PUBLIC WORKS DOCUMENT 00 72 13 ' <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> b. The Contractor accepts the risk of any Delays caused by strikes, work slowdowns,job , <br /> actions and labor unrest of any kind. <br /> c. Contractor shall not be entitled to any increase in Contract Sum or Contract Time due <br /> to a Delay it caused. <br /> 3. Delays Concurrently Caused by Contractor and Owner <br /> a. 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 /> 1) Adjustment of Contract Sum <br /> a) The Contractor shall not be entitled to any adjustment in Contract Sum for <br /> Delays concurrently caused by the Owner and the Contractor. <br /> 2) Adjustment of Contract Time <br /> a) The Contractor shall be entitled to an extension of Contract Time for the <br /> Owner caused portion of any Delay concurrently caused by the Owner and <br /> Contractor to the extent the Owner caused the Delay to extend longer than if <br /> the Contractor had solely caused the Delay. <br /> 4. Third Party Caused Delays and Force Majeure <br /> a. Caused Solely by Third Parties or Force Majeure <br /> 1) Adjustment of Contract Sum <br /> a) The Owner and the Contractor shall not be responsible to compensate each <br /> other financially for any Delay solely caused by a third party for whom , <br /> neither the Contractor nor the Owner is responsible, or for any Delay caused <br /> solely by earthquake, flood, natural disasters, acts of war or acts of <br /> terrorism. <br /> b) A Delay caused by a utility's failure to provide service or relocate its lines <br /> (despite a timely request for such service or relocation) is an example of this <br /> kind of Delay for which neither the Contractor nor the Owner is financially <br /> responsible to the other. <br /> c) Mislocated utility lines or utility lines not located are another example of a <br /> Delay for which neither the Contractor nor the Owner is responsible to the <br /> other. <br /> i) However, the Contractor's failure to request a utility locate or relocation <br /> in a timely way is not, and any resulting Delay would be the <br /> responsibility of the Contractor. Because the Contractor is responsible <br /> for ordering materials and Equipment, Contractor shall not be entitled to <br /> an adjustment of Contract Time or Contract Sum due to Delays caused <br /> by the lack of materials or Equipment. A strike,job action, slowdown, <br /> work to rule, or other job action or labor dispute or problem is not a <br /> Delay caused by a third party for the purposes of 12.4.0 Delays. <br /> 2) Adjustment of Contract Time <br /> a) The Contractor shall be entitled to an extension of Contract Time for Delays <br /> caused solely by a third party for whom neither the Contractor nor the <br /> Owner is responsible, or for any Delay caused solely by earthquake, flood, <br /> natural disasters, acts of war or acts of terrorism. Extension of Contract <br /> Time shall be determined pursuant to 5.2. C. Extensions of Contract <br /> Time. <br /> b. Caused Concurrently by Third Parties and Contractor or Owner <br /> 1) If a Delay is caused concurrently by (a) a third party, earthquake, flood, natural <br /> disasters, acts of war or acts of terrorism and (b) either the Contractor or the <br /> Owner, then the Contractor or Owner is only responsible for the amount of Delay <br /> PSO6 REROUTE 007213 -58 <br /> WO NO.—UP3583 MAY 2016 <br />