Agenda -11-06-2008 - 4p - Laserfiche WebLink

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made in writing to the Owner within five (5) days of the first Instance of delay for aft delays, except excessive Inclement weather which shall be made in accordance with paragraph 4.13. A11 claims not filed in accordance with this Article shall be valved by the CMAR. Circumstances and activities leading to such claim shall be indicated or referenced in a daily field Inspection report for the day(s) affected. In every such written claim, the CMAR 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, and/or 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 CMAR considers that the Project is delayed by adverse weather conditions, the CMAR 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 CMAR 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 18 May 7 June : 6 July 8 August 6 September 5 October 5 November. 5 December 9 If the CMAR believes that the progress of the Work has been adversely - affected by adverse weather recognized by the Designer during a particular month, the CMAR shall submit a written. request for extension of time to the Designer. Such a request for time - extension of the Contract Time shaft 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 Dama es for Delay The' CMAR 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 that Is caused by a force majeurs . condition or Is otherwise not caused by the -sots and direct act or omission of the Owner and the Owner's employees or agents. 4.15 Liquidated Damages The CMAR specifically recognizes that a delay by the CMAR in achieving the Substantial Completion of the Project will necessarily cause damages, losses, and expenses to the Owner, Including, but not limited to and by way of illustration only, Increased capitalized costs and interests for the Project, Increased and extended Project overhead, Designer's and Consultant's fees, incr eased. costs of construction, Increased and extended operation costs of other facilities, and Inefficiency