Agenda - 01-15-2008-4y1 - Laserfiche WebLink

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4.11.3 Abnormal inclement weather as defined in Paragraph 4.13. 4.12 Notice The CM and the Gontractors shall not be entitled to and hereby expressly waive any extension of time resulting from any condition or cause unless a claim for extension of time is made in writing to the Owner by the tenth {10th) day of the month following the month in which the instance of delay is encountered, except excessive inclement weather which shall be made in accordance with paragraph 4.13. All claims not filed in accordance with this Article shall be waived by the CM. Nothing herein shall apply to or be deemed a limitation on the CM's right to seek an adjustment to the Guaranteed Maximum Price for the limited reasons reserved in the Agreement of Intent. Circumstances and activities leading to such claim shall be indicated or referenced in a construction log for the day{s) affected. In every such written claim, the CM shall provide the following information: 4.12.1 Nature of the Delay; 4.12.2 Date (or Anticipated Date) Of Commencement of Delay: 4.12.3 Activities on the Progress Schedule affected by the delay, andlor new activities created by the delay and their relationship with existing activities; 4.12.4 Identification of person(s) or organization(s) or events(s) responsible for the delay; 4.12.5 Anticipated extent of the delay; and 4.12.6 Recommended action to avoid or minimize the delay. 4.13 Weather Delays On any day that the CM considers that the Project is delayed by adverse weather conditions, the CM shall identify in writing to the Designer and the Owner the adverse weather conditions affecting each activity, the specific nature of the activity affected, the number of hours lost, and the number of and identity {by responsibility or trade) of workers affected and shall obtain from the Designer written recognition of the delay. The time for performance of this Contract includes an allowance for a number of calendar days which may not be suitable for construction Work by reason of adverse weather. The Contract Time will be extended only if the number of calendar days of adverse weather recognized by the Designer exceeds the number of inclement weather days set forth below, and the CM clearly demonstrates how this adverse weather negatively impacts activities on the critical path of the Master Schedule. Month Number of Inclement Weather Days January 7 February 6 March 7 April 6 May 7 June 6 JUIy 8 August 6 September 5 October 5 November 5 December 9 If the GM believes that the progress of the Work has been adversely affected by adverse weather recognized by the Designer during a particular month, the GM shall submit a written request for extension of time to the Designer. Such a request for time extension of the Contract Time shall be submitted by the tenth (10th) day of the month following that month in which the adverse weather is encountered. The request shall include, but is not limited to, the following information: 4.13.1 Detailed description of weather's effect on scheduled activities and its net effect on the critical path of the Project, and 4.13.2 Weather records from the official weather station nearest the Project site and records of actual observation as contained in daily reports, correspondence, or other contemporaneously prepared documentation. 4.14 Damages for Delay The CM shall not be entitled to any adjustment in the Guaranteed Maximum Price or other compensation from the Owner for any delay in the completion of or progress on the Work unless caused by the sole and direct act or omission of the Owner and the Owner's employees or agents. 17