Reso 2014-2295 - Laserfiche WebLink

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ARTICLE 2. CONTRACT TIME AND TIME FOR COMPLETION 2.1 Time is of the essence in the performance of the Work under this Agreement. The Commencement Date shall be the date specified in the Notice to Proceed issued by the City Manager or his designee. Contractor shall perform the Work in accordance with the Contract Documents and shall achieve Substantial Completion of the Work no later than ninety (90) days from the Commencement Date specified in the Notice to Proceed issued by the City Manager or his designee. Contractor shall be required to achieve Final Completion of the Work no later than thirty (30) days from the deadline to achieve Substantial Completion. 2.2 Time is of the essence throughout this Agreement. 2.3 Contractor will promptly perform its duties under the Contract Documents and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents. Time is of the essence of this Agreement. All Work shall be performed strictly within the time limitations necessary to meet all deadlines established in the Contract Documents. 2.4 All dates and periods of time set forth in the Contract Documents, including those for the commencement and completion of the Work, and for the delivery and installation of materials and equipment, were included because of their importance to the City. 2.5 Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the Project following expiration of the Time for Completion. 2.6 Except for extensions approved in writing by the City, Excusable Delays, or as otherwise specifically provided in this Agreement, the Contractor understands that the occurrence of events of delay within the Contractor's reasonable control shall not excuse the Contractor from its obligation to achieve Substantial and Final Completion of the Work within the timeframes stipulated in this Agreement, and shall not entitle the Contractor to an adjustment of the Contract Amount. All parties under the control or contract with the Contractor shall include, but are not limited to, subcontractors, materialmen and/or laborers. ARTICLE 3. EXCUSABLE DELAY The Time for Completion may be extended by reason of an Excusable Delay. An Excusable Delay is delay caused by circumstances (i) beyond the reasonable control of Contractor, its Sub - Contractors, suppliers and vendors and (ii) not caused by the negligence of Contractor, its Sub - Contractors, suppliers and vendors. Where Contractor claims that it is entitled to an extension because of an excusable delay, it shall furnish to the Project Manager all documentation supporting its claim, including, details of the claim, a description of the work affected and the actual costs resulting from the delay. Failure of Contractor to comply with this Article as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. ARTICLE 4. NO DAMAGE FOR DELAY In the event the Project is delayed through no fault of Contractor or Owner, it is agreed that Contractor's sole and exclusive remedy is a time extension of the Time for Completion