Reso 2005-774 - Laserfiche WebLink

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ARTIST, the conflict will be resolved by the Contract Administrator, and the Contract Administrator's decision and resolution as to same shall be binding upon ARTIST. b, ARTIST shall be solely responsible for conducting any and all inspections of the Site for purposes of ascertaining the condition of same and for the proper execution of the Work, and completion and installation of the Project. c. When working on the Site, ARTIST shall perfonn such periodic clean up as may be reasonably requested by the Contract Administrator. Upon completion, ARTIST shaH remove his equipment, excess materials, and waste promptly from the Site, as directed by Contract Administrator. 2. ] ] ARTIST shall bear any transportation and storage costs resulting from the construction, delivery and installation of the Project. 2.]2 Title to the Project shall pass to the CITY following the Contract Administrator's inspection of the Work and, if the Work is approved, upon Contractor's issuance of written fmal acceptance of the complete installed Project. In furtherance of the foregoing, it is understood that any risk ofloss or damage to the Work and/or the Project shall be the sole responsibility and liability of ARTIST until such time as the Contract Administrator has issued a final written acceptance of the Project. 2.13 Upon Contract Administrator's written final acceptance of the complete installed Project, all documents related to the conception, proposal, fabrication, and installation of the Project, including "as built" documents, shall be turned over to the Contract Administrator and become the property of CITY. CITY shall be free to exhibit and/or reproduce these documents as a record of ARTIST's conception of the Work. ARTICLE 3 TERM and TIME OF PERFORMANCE 3.1 The tenn of this Agreement shall begin on the date it is fully executed by both parties. Thereafter, ARTIST shall diligently prosecute the Work in accordance with the Project Schedule set forth in Exhibit A-I. 3.2 Time shall be deemed to be of the essence in perfonning the duties, obligations and responsibilities required by this Agreement. 3.3 The CITY, through the Contract Administrator, may grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the CITY in perfonning its obligations or in completing the underlying City capital project resulting in a delay of the Site being made available to ARTIST for proceeding with the Work, or if conditions beyond the ARTIST'S control render timely perfonnance of the ARTIST'S services impossible or unexpectedly burdensome, All requests for extensions of time must be submitted in writing to the Contract Administrator by the ARTIST as soon as the delay or conditions become known and their impact is evaluated, and shall not be effective unless approved in writing by the Contract Administrator. 3.4 Either party is excused from perfonnance and shall not be liable for any delay in delivery or for non-delivery, in whole or in part, caused by the occurrence of a force majeure event such as hurricane, fire, civil disobedience, riots, rebellions, explosion, flood, stonn, Acts of God, and similar occurrences. Failure to fulfIll contractual obligations due to force majeures set forth in the preceding sentence will not be considered a breach of contract, provided that such obligations shall be suspended only for the duration of such condition. ARTICLE 4 COMPENSA TION 4.1 CITY agrees to pay ARTIST, in the manner specified in Section 4.4 and Exhibit B, "Compensation and Schedule of Payments", the total amount of One Hundred and Ninety Thousand DoHars ($190,000,00) for Work