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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 />of third parties, including Subcontractors, unless and until liability of the Contractor
<br />has been established 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
<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 Work
<br />shall be extended upon the written notice and claim of the Contractor to the City and the
<br />City's Representative for such reasonable time as the City's Representative and the City
<br />may determine plus extended, documented general conditions expenses including, among
<br />other things, project management, supervision and project site overhead expenses. Claims
<br />for delay can only be submitted for consideration in the event they have a direct,
<br />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
<br />single impact and will be limited to a non -compensable time extension. Any notice and
<br />claim for an extension of time by the Contractor shall be made not more than three (3) days
<br />after the occurrence of the event or the first appearance of the condition giving rise to the
<br />claim and shall set forth in detail the Contractor's basis for requiring additional time in
<br />which to complete the Project. Said claim shall specifically include, among other things,
<br />an adjusted critical path (CPM) schedule reflecting precisely the delay and its claimed
<br />impact upon the Contractor's future performance. In the event the delay to the Contractor
<br />is a continuing one, only one notice and claim for additional time shall be necessary. If the
<br />Contractor fails to make such claim as required in this Subparagraph, any claim for an
<br />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
<br />cost, expense, damages, or compensation of any kind by reason of any delay to the
<br />Project, whether critical or non-critical, and whether caused in whole or in part by
<br />the City other than as set forth in Paragraph 8.3.5 above. The Contractor shall not
<br />be entitled to any direct, indirect, consequential, impact, or other costs, expenses,
<br />or damages, including but not limited to, costs of acceleration or inefficiency,
<br />arising because of delay, disruption, interference, or hindrance from any cause
<br />whatsoever, whether such delay, disruption, interference, or hindrance be
<br />reasonable or unreasonable, foreseeable, or unforeseeable, or avoidable or
<br />unavoidable.
<br />It is further agreed that such direct costs do include the Contractor's home office
<br />overhead, loss of efficiency, consequential damages, or equipment costs in excess
<br />of actual equipment rental paid by the Contractor to a third party. The Contractor's
<br />sole and exclusive remedy for delay, hindrance, and disruption shall be an extension
<br />of the Contract Time provided a claim for same is made and is allowable pursuant
<br />to the provisions of Paragraph 8.3.5 hereinabove.
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