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I <br /> 1, Owner Caused Delay Unrelated to Extra Work <br /> a. Adjustment of Contract Sum <br /> 1) 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 <br /> Contract Sum that contributed to the Delay: <br /> a) Documented, incurred cost of nonproductive field supervision or labor extended <br /> because of the Delay; <br /> b) Documented, incurred cost of home office supervision to attend jobsite meetings; <br /> c) Documented, incurred cost of temporary facilities or equipment rental extended <br /> because of the Delay; <br /> d) Documented, incurred cost of insurance extended because of the Delay; <br /> e) General and administrative Overhead in an amount to be agreed upon, but not to <br /> exceed three percent of original Contract Sum divided by the Contract Time for <br /> each day of the Delay. <br /> 2) Owner shall not owe Contractor compensation for extended Overhead or other delay <br /> costs where Contractor contributed to or is concurrently responsible for the Delay. <br /> b. Adjustment of Contract Time111 <br /> 1) 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, <br /> as measured by the critical path and as demonstrated pursuant to the requirements of <br /> • 5.2.C. Extensions of Contract Time. <br /> 2. Contractor Caused Delay <br /> a. 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. <br /> b. The Contractor accepts the risk of any Delays caused by strikes, work slowdowns,job actions <br /> and labor unrest of any kind. <br /> c. Contractor shall not be entitled to any increase in Contract Sum or Contract Time due to a Delay <br /> 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 Delays <br /> 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 Owner <br /> caused portion of any Delay concurrently caused by the Owner and Contractor to <br /> the extent the Owner caused the Delay to extend longer than if the Contractor had <br /> 111 <br /> 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 other <br /> financially for any Delay solely caused by a third party for whom neither the <br /> Contractor nor the Owner is responsible, or for any Delay caused solely by <br /> earthquake, flood,natural disasters, acts of war or acts of terrorism. <br /> b) A Delay caused by a utility's failure to provide service or relocate its lines (despite <br /> a timely request for such service or relocation) is an example of this kind of Delay <br /> for which neither the Contractor nor the Owner is financially responsible to the <br /> other. <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL CONDITIONS <br /> 00 72 13-52 Issue for Bid I <br />