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

did not affect the project critical path, this must be clearly stated
in the Contractor's time extension request, and all CPM activities
which are claimed to have been affected by the cited delay must
be specifically identified with all applicable impact dates.
9.4 No Damage for Delay
9.4.1 The College shall have the right to defer the beginning or to suspend the whole or any part of the
Work herein contracted to be done whenever, in the opinion of the Contracting Officer, it may be necessary or expedient
for the College to do so. And if the Contractor be delayed in the completion of the Work by act, neglect or default of the
College, or the Architect/Engineer, or of any other Contractor employed by the College upon the work, or by change
orders in the work, or by strikes, lockouts, fire, unusual delay by common carriers, unavoidable casualties, or any case
beyond the Contractor's control, or by any cause which the Contracting Officer shall decide to justify the delay, then for
all such delays and suspensions the Contractor shall be allowed one day addition to the time herein stated for each and
every day of such delay so caused in the completion of the work, the same to be determined by the Contracting Officer,
and a similar allowance of extra time will be made for such other delays as the Contracting Officer may find to have
been caused by the College. No such extension shall be made for any one or more of such delays unless within ten (10)
days after the beginning of such delay a written request for additional time shall be filed with the Contracting Officer.
Apart from extension of time, no payment or allowance of any kind shall be made to the Contractor as compensation for
damages on account of hindrance or delay from any cause in the progress of the work, whether such delay is beyond the
Contractor's control.
9.4.2 The Contractor shall not be entitled to any damages or extra compensation from the College on
account of any work performed by the College or any other Contractor or the Architect/Engineer or any other party, or
by reason of any delays whatsoever, whether caused by the College or any other party, including but not limited to the
delays mentioned in this Contract.
9.5 Time of Completion-Delay-Liquidated Damages
9.5.1 In the event of the failure of the Contractor to complete the said work within the time stated in its
proposal, the Contractor shall be liable to the College for EACH incomplete building in the sum of twenty five hundred
dollars ($2,500.00) dollars for each and every day that the said work shall be and remain uncompleted, which said sum
shall be treated as liquidated damages and not a penalty, for the loss to the College of the use of premises in a completed
state of construction, alteration or repair, as the case may be, and for added administrative and inspection costs to the
College on account of the delay; provided, however, that the liquidated damages provided for herein shall be in addition
to other consequential losses or damages that the College may incur by reason of such delay, such as, but not limited to,
added costs of the project and the cost of furnishing temporary services, if any. Any such items for which the Contractor
is liable may be deducted by the College from any monies due or to become due to the Contractor.
9.5.2 It is hereby understood and mutually agreed by and between the Contractor and the College that the
date of the beginning, the dates of required intermediate milestones, and the time for completion, as specified in the
Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract.
9.5.3 The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at
such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and
agreed, by and between the Contractor and the College that the time for the completion of the work herein is a
reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial
conditions prevailing in this locality. If the Contractor shall neglect, fail or refuse to complete the work within the time
herein specified, or any proper extension thereof granted by the Contracting Officer, then the Contractor does hereby
agree, as a part consideration for the awarding of this Contract, to pay the College the amount specified in paragraph
9.4.1 above, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and
every calendar day that the Contractor may be held in default after the stipulated date in the Contract for completing the
work.
RCNJ Project No.: 09-270.1C - 39 -