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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 />8.3.5 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 adverse
<br />weather conditions not reasonably anticipatable, fire or any causes beyond the Contractor's
<br />control, then the date for achieving Final Completion of the Work shall be extended upon
<br />the written notice and claim of the Contractor to the City and the City's Representative for
<br />such reasonable time as the City's Representative and the City may determine. Claims for
<br />delay can only be submitted for consideration in the event they have a direct, documentable
<br />impact on the Critical Path of the project as evidenced on the (CPM) schedule. Concurrent
<br />delay events impacting the schedule will only be considered as a single impact and cannot
<br />be extended linearly. Any notice and claim for an extension of time by the Contractor shall
<br />be made not more than three (3) days after the occurrence of the event or the first appearance
<br />of the condition giving rise to the claim and shall set forth in detail the Contractor's basis for
<br />requiring additional time in which to complete the Project. Said claim shall specifically
<br />include, among other things, an adjusted critical path (CPM) schedule reflecting precisely
<br />the delay and its claimed impact upon the Contractor's future performance. In the event the
<br />delay to the Contractor is a continuing one, only one notice and claim for additional time
<br />shall be necessary. If the Contractor fails to make such claim as required in this
<br />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 />8.4 Field Orders
<br />8.4.1 The City's Representative after first obtaining approval from the City, shall
<br />have authority to order minor changes in the Work not involving, a change in the Contract
<br />Price or in - Contract Time and not inconsistent with the intent of the Contract. Such changes
<br />shall be effected by Field Order and shall be binding upon the Contractor. The Contractor
<br />shall carry out such Field Orders promptly.
<br />ARTICLE IX
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