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Reso 2010-1605
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Reso 2010-1605
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Last modified
5/20/2016 4:53:50 PM
Creation date
1/13/2011 2:04:28 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1605
Date (mm/dd/yyyy)
09/16/2010
Description
RFP 10-07-02, Agmt w/Shoreline Foundation Demo/Construct Fishing Pier
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<br />5.6 If the Contractor asserts that any instructions, information, event or occurrence has caused a <br />change in or addition to the Work which change causes an increase or decrease in the <br />Contractor's cost or time required for the performance of any part of the Work under the <br />Contract, the Contractor shall give the City written notice before conditions are disturbed and <br />before proceeding to execute the Work. Contractor's notice shall be given promptly enough to <br />avoid delaying the Work and in no instance later than seventy two hours after such instructions, <br />information, event or occurrence has caused a change. If the City agrees that the Work involved <br />is extra Work, a Change Order shall be issued as provided in this Article. No claims for extra <br />Work shall be allowed unless the notice required by this Article is given by the Contractor within <br />the time allowed, unless the Work is performed pursuant to the written order of the City as <br />provided in this Article. Contractor's notice shall include the instructions or circumstances that <br />are the basis of the claim and the Contractor's best estimate of the cost and time involved. <br /> <br />PROVISION 6 <br />TIME <br /> <br />6.1 Progress and Completion <br /> <br />6.1.1 Contractor acknowledges and agrees that time is of the essence. <br /> <br />6.1.2 Contract Time is the period of time set forth in the Contract for Construction required for <br />Substantial Completion and Final Completion of the entire Work or portions of the Work as <br />defined in the Contract Documents. Time limits stated in the Contract Documents are of the <br />essence of the Contract. The Contract Time may only be changed by a Change Order. By <br />executing the Contract, the Contractor confirms that the Contract Time is a sufficient period for <br />performing the Work in its entirety. <br /> <br />6.1.3 The Contractor shall not knowingly, except by agreement or instruction of the City in <br />writing, prematurely commence operations on the site or elsewhere prior to the effective date of <br />insurance and bonds. <br /> <br />6.1.4 The Contractor shall proceed expeditiously and diligently with adequate forces and shall <br />achieve Substantial Completion and Final Completion within the time specified in the Contract <br />Documents. <br /> <br />6.2 Delay in Completion <br /> <br />6.2.1 The Contractor shall be liable for all of the City's damages for delay in achieving <br />Substantial Completion and/or Final Completion of the entire Work or portions of Work as set <br />forth in the Contract Documents within the Contract Time unless liquidated damages are <br />specifically provided for in the Contract Documents. If liquidated damages are specifically <br />provided for in the Contract for Construction, Contractor shall be liable for such liquidated <br />damages. <br /> <br />6.2.2 All time limits stated in the Contract are of the essence of the Contract. However, if the <br />Contractor is delayed at any time in the progress of the Work by any act or neglect of the City or <br /> <br />25 <br />
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