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Reso 2010-1658
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Reso 2010-1658
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Last modified
6/3/2015 11:22:15 AM
Creation date
12/22/2010 11:09:07 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1658
Date (mm/dd/yyyy)
12/16/2010
Description
Ground Lease/Dev Agmt/DesignBuild Agmt 4M Inv. Upscale Lifestyle Ctr
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<br />11.5 Tests and Inspections: <br /> <br />11.5.1 CONTRACTOR shall give CITY timely notice of readiness of the work for all <br />required inspections, tests or approvals. CONTRACTOR shall assume full responsibility, pay all <br />costs in connection therewith and furnish CITY the required certificates of inspection, testing or <br />approval for all materials, equipment or the Work or any part thereof unless otherwise specified <br />herein. <br /> <br />11.5.2 Inspectors shall have no authority to permit deviations from nor to relax any of the <br />provisions of the Contract Documents, nor to delay the Agreement by failure to inspect the <br />materials and work with reasonable promptness. <br /> <br />11.5.3 The payment of any compensation whatever may be its character or form, or the <br />giving of any gratuity or the granting of any favor by the CONTRACTOR to any inspectors, <br />directly or indirectly is strictly prohibited and any such action on the part of the CONTRACTOR <br />will constitute a breach of this Agreement. <br /> <br />ARTICLE 12 - CONTRACT TIME <br /> <br />12.1 <br /> <br />Change of Contract Time: <br /> <br />ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF <br />THE ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM <br />FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME <br />SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY <br />DELA YS. CONTRACTOR shall not be entitled to an increase in the construction cost or payment <br />or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, <br />expenses or damages including but no limited to costs of acceleration or inefficiency, arising <br />because of delay, disruption, interference or hindrance from any cause whatsoever, whether such <br />delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or <br />avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of <br />damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active <br />interference on the part of CITY or its agents. In addition, if CONTRACTOR is delayed at any <br />time in the progress of the Work by an act or neglect of the CITY's employees, or by changes <br />ordered in the Work, or by delay authorized by the CITY pending arbitration, then the Contract <br />Time shall be reasonably extended by Change Order. Furthermore, if CONTRACTOR is delayed at <br />any time in the progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse <br />weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the <br />CONTRACTOR's control, or by other causes which the CITY and CONTRACTOR agree may <br />justifY delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, <br />CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive <br />remedy for such resulting delay, in accordance with and to that extent specifically provided above. <br />No extension of time shall be granted for delays resulting from normal weather conditions <br />prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded <br />by the United States Department of Commerce, National Oceanic and Atmospheric Administration <br /> <br />24 <br />
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