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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />8.3.4.1 In connection with any claim by the Contractor against the City for compensation
<br />in excess of the Contract Price, any liability of the City for the Contractor's cost shall be
<br />strictly limited to direct costs incurred by the Contractor. Direct costs do not include the
<br />Contractor's home office overhead, loss of efficiency, consequential damages of the
<br />Contractor, or equipment costs in excess of actual equipment rental paid by the Contractor
<br />to a third party. The City shall not be liable to the Contractor for claims of third parties,
<br />including Subcontractors, unless and until liability of the Contractor has been established
<br />therefore in a court of competent jurisdiction.
<br />8.3.5 Claims for Additional Time—If the Contractor is delayed in progressing any
<br />task which at the time of the delay is then critical or which during the delay becomes critical,
<br />as the sole result of any act or neglect to act by the City or someone acting in the City's
<br />behalf, or by changes ordered in the Work, unusual delay in transportation, unusually
<br />adverse weather conditions not reasonably anticipatable, fire or any causes beyond the
<br />Contractor's control, then the date for achieving Final Completion of the Work shall be
<br />extended upon the written notice and claim of the Contractor to the City and the City's
<br />Representative for such reasonable time as the City's Representative and the City may
<br />determine. Claims for delay can only be submitted for consideration in the event they have
<br />a direct, documentable impact on the Critical Path of the project as evidenced on the (CPM)
<br />schedule. Concurrent delay events impacting the schedule will only be considered as a single
<br />impact and cannot be extended linearly. Any notice and claim for an extension of time by
<br />the Contractor shall be made not more than three (3) days after the occurrence of the event
<br />or the first appearance of the condition giving rise to the claim and shall set forth in detail
<br />the Contractor's basis for requiring additional time in which to complete the Project. Said
<br />claim shall specifically include, among other things, an adjusted critical path (CPM)
<br />schedule reflecting precisely the delay and its claimed impact upon the Contractor's future
<br />performance. In the event the delay to the Contractor is a continuing one, only one notice
<br />and claim for additional time shall be necessary. If the Contractor fails to make such claim
<br />as required in this Subparagraph, any claim for an extension of time shall be waived.
<br />8.3.5.1 In no event, and under no circumstances, shall the Contract Price be increased
<br />for, nor shall the Contractor claim, recover, or receive payment for, any cost, expense,
<br />damages, or compensation of any kind by reason of any delay to the Project, whether critical
<br />or non-critical, and whether caused in whole or in part by the City. The Contractor shall not
<br />be entitled to any direct, indirect, consequential, impact, or other costs, expenses, or
<br />damages, including but not limited to, costs of acceleration or inefficiency, arising because
<br />of delay, disruption, interference, or hindrance from any cause whatsoever, whether such
<br />delay, disruption, interference, or hindrance be reasonable or unreasonable, foreseeable, or
<br />unforeseeable, or avoidable or unavoidable.
<br />It is further agreed that such direct costs do include the Contractor's home office overhead,
<br />loss of efficiency, consequential damages, or equipment costs in excess of actual equipment
<br />rental paid by the Contractor to a third party. The Contractor's sole and exclusive remedy
<br />for delay, hindrance, and disruption shall be an extension of the Contract Time provided a
<br />claim for same is made and is allowable pursuant to the provisions of Paragraph 8.3.5
<br />hereinabove.
<br />Unitec Inc. 22
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