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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engineer will issue a "Notice to Proceed with Contract Work" to the Contractor. The effective date on which work of the Contract is officially authorized to commence will be established and stated in said Notice and the Contractor shall commence work on said date. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the City Manager may extend the time for completion of the work upon recommendation of the Engineer and approval. Requests for extension of time must be submitted in writing to the Engineer within ten (10) days from the beginning of such delay. Extensions of time cannot legally be approved unless the written request is submitted in time to permit it to be acted upon before the Contract expiration date. To allow sufficient time for administrative procedures required to obtain action by the City Manager, the Engineer must receive a request for time extension at least sixty (60) calendar days prior to Contract expiration date. Liquidated damages resulting from factors beyond the control of the Contractor, which occur too late to allow the City Manager may waive time for action by the City Manager approving a time extension. Such waiver may be granted only when the Engineer determines that the delay is beyond the control of the Contractor, and in this event the Contractor shall not be charged with liquidated damages or any excess cost when the delay in the completion of the work is due: a. To any order duly issued by the City changing the Contractor's approved work schedule: b. To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the City, acts of another Contractor in the performance of a Contract with the City, fires. floods, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather; and c. To any delays of subcontractors or suppliers occasioned by any of the cause specified in subparagraphs (a) and (b) above. Provided further that the Contractor shall, within ten (10) days from the beginning of such delay, notify the Engineer, in writing, of the causes of the delay, the Engineer shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of his decision in the matter. The Contractor shall assume all risks resulting from delays except that should the City, by act or omission, cause delays which result in actual loss to the Contractor, reimbursement thereof will be adjusted and a]]owed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment wi]] be a]]owed the Contractor as reimbursement for any other delays whatsoever, regardless of by what or by whom caused, even though by other Contractors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover a]] risks due to delays except as stated in the foregoing. If the Contractor fails to complete the work within the time limit, and if the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for General Specifications Oct. 2007 Page l2 of l5