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r `1 <br /> I <br /> � <br /> parties, pe .cularly public and private uti,._ies. The City <br /> sh <br /> all not be re nsible Por dela caused b th <br /> � ys y e aforesaid <br /> contingencies and the Contractor agrees to limit any and all <br /> claims or dameges for unreasonable delays caused by the City � <br /> F- to only the actusl labor and equipment idled directly as a <br /> result oY unreasonable actions oP the City and itv authorized <br /> officers and agents. Claims for "unreasonable delays" shall <br /> include only acts of the City which impact the critical path of <br /> the Contractor for perYormance of the work herein. Hidder <br /> ngrees as a condition of accepting a contract for the work <br /> herein that "unreasonable delsys" by the City shall not include <br /> or in any manner relate to the City's or EngineeCs rights and <br /> d�ties pertaining to reasonable administration and control of <br /> the work, legal relations and responsibility to the public and <br /> meesurement and payment. <br /> In the event that the Contractor determines that he may be <br /> entitled to payment or damages from the City for un- <br /> reasonable delays by the Citq, he shall upon such determina- <br /> tzon give immediate notice to the City in writing end said <br /> notice shall not be eltective unlesa it includes: <br /> i. The names of all Citq persormel involved end the <br /> precise acts causing unreasonable delays or extra work <br /> not included in the Plans, Specifications or other <br /> caftract docum�ts. <br /> 2. The nature of the um�peaoAable delays, the additiouai <br /> time for performance whicfi the unreesona�le delaya <br /> will require, and sn estimate oP idie ]abor and equip- <br /> . ment which will be caused 6y the wn�easonable delay. <br /> 3. The percentage of completion of the Project at the <br /> time the unreeaonable delay was encowt�ed. <br /> IIpon giving said notice, the Contractor agreea to <br /> reschedule the work in such manna� ss to avoid or limit <br /> idle labar and equipm�t cauaed by the alleged un- <br /> :eesoneble delay end no Habilitq to the City fa� pr.y- <br /> m� for unreasonabie de]ays shail eommence until <br /> seven (T) da}rs after the Citq's receipt of the atorr <br /> • dasetibed written notice. <br /> B. In additian to llmit3ng elaima for unreesonable delsya to the <br /> actual down time of labae and equipment, aa elswe provided, <br /> Biddm� agrees that the City's liabilitp for pagment of c3aims a <br /> damsges of e� ldnd whatsoeva� relating to this contract shall <br /> be ]imited to prfcea established by the prices or lump sum bid <br /> herein or direct costs as provided und� the Yorce account <br /> provisions of the APWA 3tandard 3peciticiationg, 1981 Edition, <br /> which is directiy incorporated herein by reterence. By accep- <br /> � tence of a conEract for the work hertin, Conh�actor waives all <br /> claim� for payment oY dnmages whi�h include or are computed <br /> i <br /> -4- J <br /> . � <br />