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b. Standing Snow in excess of one inch(1.00") <br /> 3. Adverse Weather may include, as deemed by Engineer,"dry-out" or"mud"days: <br /> a. For rain days above the standard baseline, <br /> b. Only if there is a hindrance to site access or site work such as earthwork; and, <br /> c. At a rate no greater than one (1) make-up day for each day or consecutive days of <br /> rain beyond the standard baseline that total one inch(1.00")or more, liquid measure, <br /> unless specifically recommended otherwise by Engineer. <br /> 4. Actual adverse weather delay days must prevent work on critical exterior activities for fifty <br /> percent (50%) or more of Contractor's scheduled workday. The number of actual adverse <br /> weather delay days shall be calculated chronologically from the first to the last day of each <br /> month, and be recorded as full days. If the number of actual adverse weather days exceeds <br /> the number of days anticipated by the Standard Baseline in Paragraph 12.03.C.1, and <br /> providing that all other contractually-required conditions are met, qualifying delays will be <br /> converted to calendar days and additional calendar days will be added to the Contract times <br /> for each qualifying delay in excess of the Standard Baseline. <br /> 5. Upon commencement of on-site activities and continuing throughout construction, <br /> Contractor shall be responsible for accurately measuring and recording the daily the <br /> occurrence of adverse weather on-site. <br /> 6. Within 30 days of the last day of any month (hereinafter referred to as the "Reporting <br /> Montlf'), Contractor shall submit a written Adverse Weather Report, including copies of <br /> Contractor's daily weather reports and applicable climatological data from the National <br /> Oceanic and Atmospheric Administration (NOAA) or similar data for the project location, <br /> unless Engineer allows an additional period of time for submission of said report. <br /> Notwithstanding any other provisions, failure to submit the required written report within the <br /> time specified above shall be deemed to be and shall constitute a waiver by Contractor of any <br /> and all claims for delay due to adverse weather conditions occurring during said Reporting <br /> Month. <br /> D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, <br /> consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or <br /> damages (including but not limited to all fees and charges of engineers, architects, attorneys, and <br /> other professionals and all court or arbitration or other dispute resolution costs) sustained by <br /> Contractor on or in connection with any other project or anticipated project. Time extensions due <br /> to weather delay shall not entitle Contractor to any claim, compensation, or recovery for <br /> extended overhead. <br /> E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays <br /> within the control of Contractor. Delays attributable to and within the control of a Subcontractor <br /> or Supplier shall be deemed to be delays within the control of Contractor. <br /> F. Contractor shall be liable to Owner and shall pay Owner for a percentage of all costs incurred by <br /> Owner and Engineer in investigating, analyzing, negotiating, arbitrating, and litigating any claim <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 62 of 81 <br />