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a. for costs incurred under para- 12.03 Delays Beyond CONTRACTOR's Control graphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract b. for costs incurred under paragraph Times (or Milestones) due to delay beyond the control 11.01.A.3, the CONTRACTOR's fee shall of CONTRACTOR, the Contract Times (or be five percent; Milestones)will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor c. where one or more tiers of subcon- as provided in paragraph 12.02.A. Delays beyond the tracts are on the basis of Cost of the Work control of CONTRACTOR shall include, but not be plus a fee and no fixed fee is agreed upon, limited to, acts or neglect by OWNER, acts or neglect the intent of paragraph 12.01.C.2.a is that of utility owners or other contractors performing other the Subcontractor who actually performs work as contemplated by Article 7, fires, floods, the Work, at whatever tier, will be paid a fee epidemics, abnormal weather conditions, or acts of of 15 percent of the costs incurred by such God. Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier 12.04 Delays Within CONTRACTOR's Control Subcontractor and CONTRACTOR will each be paid a fee of five percent of the A. The Contract Times(or Milestones)will not be amount paid to the next lower tier Subcon- extended due to delays within the control of tractor; CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be d. no fee shall be payable on the deemed to be delays within the control of CONTRAC- basis of costs itemized under paragraphs TOR. 11.01.A.4, 11.01.A.5, and 11.01.13; 12.05 Delays Beyond OWNER's and e. the amount of credit to be allowed CONTRACTOR's Control by CONTRACTOR to OWNER for any change which results in a net decrease in A. Where CONTRACTOR is prevented from cost will be the amount of the actual net completing any part of the Work within the Contract decrease in cost plus a deduction in Times (or Milestones) due to delay beyond the control CONTRACTOR's fee by an amount equal of both OWNER and CONTRACTOR, an extension of to five percent of such net decrease; and the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be f. when both additions and credits are CONTRACTOR's sole and exclusive remedy for such involved in any one change, the adjustment delay. in CONTRACTOR's fee shall be computed on the basis of the net change in 12.06 Delay Damages accordance with paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any 12.02 Change of Contract Times Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for A. The Contract Times (or Milestones) may only damages arising out of or resulting from: be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the 1. delays caused by or within the control Contract Times (or Milestones) shall be based on of CONTRACTOR; or written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract 2. delays beyond the control of both in accordance with the provisions of paragraph 10.05. OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal B. Any adjustment of the Contract Times (or weather conditions, acts of God, or acts or Milestones) covered by a Change Order or of any neglect by utility owners or other contractors Claim for an adjustment in the Contract Times (or performing other work as contemplated by Milestones) will be determined in accordance with the Article 7. provisions of this Article 12. 00700-General Conditions REV 5-10-13 00700-35 FAPublic Works\ENGINEERING DIVISION PROJECTS\1049 8th St Sidewalk Improvements(58th Ave to 21 st Court)Wdmim\bld documents\LAP DocumentsWaster Contract Documents\00700-General Conditions REV 5-10-13.doc