|
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />to give such notice prior to executing the Work shall constitute a waiver of any claim for
<br />additional compensation.
<br />8.3.4.1 In connection with any claim by the Contractor against the City for
<br />compensation in excess of the Contract Price, any liability of the City for the Contractor's
<br />cost shall be strictly limited to direct costs incurred by the Contractor plus a reasonable
<br />mark-up of fifteen percent (15%) for overhead and profit consistent with Paragraph
<br />10.3.3.4 below. Direct costs do not include the Contractor's home office overhead, loss
<br />of efficiency, consequential damages of the Contractor, or equipment costs in excess of
<br />actual equipment rental paid by the Contractor to a third party. The City shall not be
<br />liable to the Contractor for claims of third parties, including Subcontractors, unless and
<br />until liability of the Contractor has been established therefore in a court of competent
<br />jurisdiction.
<br />8.3.5 Claims for Additional Time—If the Contractor is delayed in progressing
<br />any task which at the time of the delay is then critical or which during the delay becomes
<br />critical, as the sole result of any act or neglect to act by the City or someone acting in the
<br />City's behalf, or by changes ordered in the Work, unusual delay in transportation,
<br />unusually adverse weather conditions not reasonably anticipatable, fire or any causes
<br />beyond the Contractor's control, then the date for achieving Final Completion of the
<br />Work shall be extended upon the written notice and claim of the Contractor to the City
<br />and the City's Representative for such reasonable time as the City's Representative and
<br />the City may determine plus extended, documented general conditions expenses
<br />including, among other things, project management, supervision and project site
<br />overhead expenses. Claims for delay can only be submitted for consideration in the event
<br />they have a direct, documentable,impacton the Critical Path of the project as evidenced
<br />on the (CPM) schedule. Concurrent delay events impacting the schedule will only be
<br />considered as a single impact and will be limited to a non -compensable time extension.
<br />Any notice and claim for an extension of time by the Contractor shall be made not more
<br />than three (3) days after the occurrence of the event or the first appearance of the
<br />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
<br />precisely the delay and its claimed impact upon the Contractor's future performance. In
<br />the event the delay to the Contractor is a continuing one, only one notice and claim for
<br />additional time shall be necessary. If the Contractor fails to make such claim as required
<br />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
<br />increased for, nor shall the Contractor claim, recover, or receive payment for, any cost,
<br />expense, damages, or compensation of any kind by reason of any delay to the Project,
<br />whether critical or non-critical, and whether caused in whole or in part by the City other
<br />than as set forth in Paragraph 8.3.5 above. The Contractor shall not be entitled to any
<br />direct, indirect, consequential, impact, or other costs, expenses, or damages, including
<br />but not limited to, costs of acceleration or inefficiency, arising because of delay,
<br />disruption, interference, or hindrance from any cause whatsoever, whether such delay,
<br />disruption, interference, or hindrance be reasonable or unreasonable, foreseeable, or
<br />unforeseeable, or avoidable or unavoidable.
<br />C 22
<br />
|