Project Manual 11-210C - Ramapo College of New Jersey

Consultant's analysis, would have been lost due to the specific issues
cited, if no other delays had occurred. A concurrent project time
extension will also excuse the Contractor from responsibility for
liquidated damages for the period of time extension.
9.3.3 The Contractor acknowledges and agrees that the evaluation of project delays and
determinations regarding project time extension will be based upon the project CPM schedule and the
following criteria:
(1) Float time shown on the CPM schedule is not for the exclusive use of
either the Contractor or the College. It is agreed that float time is
available for use by all parties to facilitate the effective use of available
resources and to minimize the impact of problems or Change Orders
which may arise during construction. The Contractor specifically agrees
that float time may be used by the College or its Representatives or
Consultants in conjunction with their review activities or to resolve
project problems. The Contractor agrees that there will be no basis for a
project time extension as a result of any project problem, Change Order or
delay which only results in the loss of available positive float on the
project CPM schedule. The Contractor further agrees that there will be no
basis for a claim for cost escalation for any activity which is completed on
or before its initially required late end date as shown on the initial
approved CPM schedule, regardless of the justifiability or any delaying
factors which might have resulted in elimination of float which was
originally available for the activity. If the Contractor refuses to perform
work which is available to them, the Contracting Officer may, regardless
of the float shown to be available for the work, consider the Contractor to
be in violation of the Contract Documents. In such instances, the
Contracting Officer may, without prejudice to any right or remedy, and
after giving the Contractor and its Surety three (3) working days written
notice to forthwith commence and continue with the work with diligence
and promptness, terminate the employment of the Contractor by the
issuance of a written notice to that effect to the Contractor and its Surety
at any time subsequent to three (3) working days thereafter, should they,
or either of them, fail to comply with the directive of the original three (3)
day notice mentioned above.
(2) The Contractor agrees that no time extension will be granted for time lost
due to normal seasonal weather conditions. In order to qualify for
consideration for a time extension due to adverse weather conditions, it
must be shown that the weather conditions during a giving quarterly
period (summer, fall, winter, spring) were more severe than the previous
five year average for the project geographical area and, in addition, that
these weather conditions critically impacted the final project completion
date by delaying the performance of work on the main project critical
path. If abnormal weather losses can be shown to have affected the
project critical path, a non-compensable time extension will be considered
for that portion of the proven weather-related delays which exceeded the
normal weather losses which should have been anticipated for the
quarterly period in question.
No time extensions will be considered for any weather impacts which do
not affect work on the main project critical path. The Contractor agrees
that there will be no basis for a claim for any additional compensation
RCNJ Project No.: 09-270.1C - 37 -