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(08-10-01) Streetscape Improvements
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Last modified
4/12/2011 4:33:06 PM
Creation date
4/12/2011 4:32:38 PM
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CityClerk-Bids_RFP_RFQ
Project Name
Streetscape Improvements
Bid No. (xx-xx-xx)
08-10-01
Project Type (Bid, RFP, RFQ)
Bid
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<br />5.46.5 No claim for delay shall be allowed because of failure to furnish Drawings until fourteen (14) <br />days after demand to the Consultant for such Drawings and not then unless such claim be <br />reasonable. <br /> <br />5.46.6 Extensions to the Contract Time for delays caused by the effects of inclement weather shall be <br />submitted as a request for a change in the Contract Time pursuant to the section. These time <br />extensions are justified only when rains or other inclement weather conditions or related adverse <br />soil conditions prevent Contractor from productively performing controlling items of Work <br />identified on the accepted schedule or updates resulting in: <br /> <br />5.46.6.1 Contractor being unable to work at least fifty percent (50%) of the normal workday on <br />controlling items of Work identified on the accepted schedule or updates due to adverse weather <br />conditions; or <br /> <br />5.46.6.2 Contractor must make major repairs to the Work damaged by weather. Provided the <br />damage was not attributable to a failure to perform or neglect by Contractor, and provided that <br />Contractor was unable to work at least fifty percent (50%) of the normal workday on controlling <br />items of Work identified on the accepted schedule or updates. <br /> <br />5.46.7 No Damages for Delay: No claim for damages or any claim, other than for an extension of time <br />as provided for in this Section shall be made or asserted against City by reason of any delays. <br />Contractor shall not be entitled to an increase in the Contract Price or payment or compensation <br />of any kind from City for direct, indirect, consequential, impact or other costs, expenses or <br />damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost <br />profits, arising because of delay, disruption, interference or hindrance from any cause <br />whatsoever, whether such delay, disruption, interference or hindrance be reasonable or <br />unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. Contractor shall be <br />entitled only to extensions of the Contract Time as the sole and exclusive remedy for such <br />resulting delay. <br /> <br />5.47 Incentive Bonus: A Agreement provision which compensates the Contractor a certain amount <br />of money as stipulated in the Agreement for each day the Project is completed ahead of schedule for a <br />maximum of thirty (30) days. The City desires to expedite construction on this Agreement to <br />minimize the inconvenience to the public and to reduce the time of construction. In order to achieve this, <br />an incentive provision is established for the Agreement. <br /> <br />5.47.1 In the event the Contractor completes the Agreement prior to time stipulated in the Agreement, <br />the City will pay the Contractor an incentive payment in the Daily Value amount specified in the <br />Agreement for each calendar day the actual completion date precedes the Original Agreement <br />Time and subject to the conditions precedent set forth below. The term "Original Agreement <br />Time" will mean the number of calendar days established for completion of the work in the <br />Agreement on the date the Agreement was executed. The term "calendar day" will mean every <br />day shown on the calendar. Calendar days will be consecutively counted from commencement of <br />Agreement Time regardless of weather, weekends, holidays, suspensions of Contractor's <br />operations, delays or other events as described herein. For the purposes of the calculation and <br />the determination of entitlement to the "incentive payment" stated above, the Original <br />Agreement Time will not be adjusted for any reason, cause or circumstance whatsoever, <br />regardless of fault, save and except in the instance of catastrophic event (i.e., hurricane or a <br />declared state of emergency). <br /> <br />5.47.2 The parties anticipate that delays may be caused by or arise from any number of events during <br />the course of the Agreement, including, but not limited to, work performed, work deleted, <br /> <br />PAGE 30 OF 130 <br />BlD No. 08-10-01 <br />
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