Reso 2019-2952 - Laserfiche WebLink

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reasonably believes that Final Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such-delays: .• 3.2 Notice of Award and Notice to Proceed Date 3.2.1 Upon approval of the Contract for Construction by the City, a written "Notice of Award" letter shall beissued by the City Manager. Upon issuance of the "Notice of Award" letter, the Contractor shall spare no expense in personnel and time in order to secure all necessary permits within sixty (60) days. If the Contractor, through no fault of its own, is unable to secure permits within this time period, the Contractor shall notify the City in writing detailing the reason for the delay and request a non-compensable time extension to secure permits. It is at the discretion of the City to either award or deny the Contractor's request for a time extension. If the request is approved, the City shall issue a letter specifying the additional number of days the Contractor has to complete acquisition of the permits. The "Notice to Proceed Date" shall be determined once the Contractor has obtained any and all permits necessary to commence construction or if the request for a time extension is denied, the City Manager shall issue a "Notice to Proceed" letter" in which the "Notice to Proceed Date" is established as set forth in paragraph 3.1.1. 3.2.2 Once the Notice to Proceed Date has been established, the Contractor shall be responsible for the timely and successful completion of the Work and shall endeavor to provide all applicable agencies having jurisdiction with all the required documentation needed to successfully and timely continue the progress of the Work This may include, but is not limited to providing all necessary documentation in the form of shop drawings, clarifications, calculations, technical data, protocols; product approvals, etc.. 3.2.3 Under no circumstances will the City accept claims or be responsible for delays arising from failed, unsuccessful, untimely or late inspections or rejections of inspected Work due to the fault of the Contractor for not supplying all of the necessary documentation in the forms required or requested by the Building Official. 3.3 Substantial Completion 3.3.1 "Substantial Completion" shall mean that stage in the progression of the Work when the Work is sufficiently complete in accordance with this Contract that the Citycan enjoy beneficial use or occupancy of the Work and can utilize the Work for its intended purpose. A condition precedent for the achievement of Substantial Completion is the receipt by the City of any and all Certificates of Occupancy or other authorizations required for occupancy by any governmental or regulatory authority. 3.4 Time is of the Essence 3.4.1 All limitations of time set forth in the Contract Documents are of the essence of this Contract. 6