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Reso 2025-3823
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Reso 2025-3823
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Last modified
2/3/2026 11:18:34 AM
Creation date
4/24/2025 11:43:19 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2025-3823
Date (mm/dd/yyyy)
04/17/2025
Description
AWD ITB NO. 25-01-01, Approve Agmt w/ Waypoint Contracting, for Const. Renovation Svcs - Annex BLDG, 18050 Collins Ave.
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8.3.5. Claims for Additional Time. If the Contractor is delayed in progressing any task which <br />at the time of the delay is then critical or which during the delay becomes critical, as the sole result <br />of any act or neglect to act by the City or someone acting in the City's behalf, or by changes ordered <br />in the Work, unusual delay in transportation, unusually adverse weather conditions not reasonably <br />anticipatable, fire or any causes beyond the Contractor's control, then the date for achieving <br />Substantial Completion of the Work shall be extended upon the written notice and claim of the <br />Contractor to the City and the Engineer / Architect for such reasonable time as the Engineer / <br />Architect and the City may determine. Any notice and claim for an extension of time by the <br />Contractor shall be made not more than three (3) days after the occurrence of the event or the first <br />appearance of the condition giving rise to the claim and shall set forth in detail the Contractor's basis <br />for requiring additional time in which to complete the Project. Said claim shall specifically include, <br />among other things, an adjusted critical path (CPM) schedule reflecting precisely the delay and its <br />claimed 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 Contractor <br />fails to make such claim as required in this Subparagraph, any claim for an extension of time shall be <br />waived. <br />8.3.5.1. In no event, and under no circumstances, shall the Contract Price/Sum be increased <br />for, nor shall the Contractor claim, recover, or receive payment for, any cost, expense, damages, or <br />compensation of any kind by reason of any delay to the Project, whether critical or non-critical, and <br />whether caused in whole or in part by the City. The Contractor shall not be entitled to any direct, <br />indirect, consequential, impact, or other costs, expenses, or damages, including but not limited to, <br />costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance <br />from any cause whatsoever, whether such delay, disruption, interference, or hindrance be <br />reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. <br />It is further agreed that such direct costs do include the Contractor's home office overhead, loss of <br />efficiency, consequential damages, or equipment costs in excess of actual equipment rental paid by <br />the Contractor to a third party. The Contractor's sole and exclusive remedy for delay, hindrance, <br />and disruption shall be an extension of the Contract Time provided a claim for same is made and is <br />allowable pursuant to the provisions of Paragraph 8.3.5 hereinabove. <br />8.4 Field Orders <br />8.4.1. The Engineer / Architect after first obtaining approval from the City, shall have <br />authority to order minor changes in the Work not involving a change in the Contract Price or in <br />Contract Time and not inconsistent with the intent of the Contract. Such changes shall be affected <br />by Field Order and shall be binding upon the Contractor. The Contractor shall carry out such Field <br />Orders promptly. <br />ARTICLE IX <br />SUBCONTRACTORS <br />9.1 Definition <br />9.1.1. A Subcontractor is an entity that has a direct contract with the Contractor to perform <br />a portion of the Work. <br />Page 22 of 42 <br />372 <br />
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