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RFP No. 11-05-01 Bella Vista Bay Park Improvements
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Last modified
6/17/2011 1:53:05 PM
Creation date
6/17/2011 1:47:03 PM
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CityClerk-Bids_RFP_RFQ
Project Name
Bella Vista Park Improvements
Bid No. (xx-xx-xx)
11-05-01
Project Type (Bid, RFP, RFQ)
RFP
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<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 <br />as defined in the Contract Documents. Time limits stated in the Contract Documents are <br />of the essence of the Contract. The Contract Time may only be changed by a Change <br />Order. By executing the Contract, the Contractor confirms that the Contract Time is a <br />sufficient period for 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 <br />date of 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 <br />Contract 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 <br />set forth in the Contract Documents within the Contract Time unless liquidated damages <br />are specifically provided for in the Contract Documents. If liquidated damages are <br />specifically provided for in the Contract for Construction, Contractor shall be liable for <br />such liquidated 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 <br />City or by the City's Representative, by changes ordered in the Work, by strikes, lockouts, <br />abnormal weather conditions, jurisdictional disputes, or any other causes beyond the <br />Contractor's reasonable control which the City's Representative determines may justify <br />delay then the Contract Time may be extended for a reasonable time to the extent such <br />delay will prevent Contractor from achieving Substantial Completion and/or Final <br />Completion within the Contract Time and if performance of the Work is not, was not or <br />would not have been delayed by any other cause for which the Contractor is not entitled <br />to an extension in the Contract Time under the Contract Documents. It shall be a <br />condition precedent to any adjustment of the Contract Time that Contractor provide the <br />City's Representative with written notice of the cause of delay within seven (7) days from <br />the occurrence of the event or condition which caused the claimed delay. Written notices <br />hereunder shall be in accordance with the applicable provisions. <br /> <br />6.2.3 The Contractor further acknowledges and agrees that adjustments in the Contract Time <br />will be permitted for a delay only to the extent such delay (1) is not caused, or could not <br />have been anticipated, by the Contractor, (2) could not be limited or avoided by the <br />Contractor's timely notice to the City of the delay, (3) prevents Contractor from <br />completing its Work by the Contract Time, and (4) is of a duration not less than one (1) <br />day. Delays attributable to and within the control of a Subcontractor or supplier shall not <br />justify an extension of the Contract Time. <br /> <br />6.2.4 Notwithstanding anything to the contrary in the Contract Documents, an extension in the <br />Contract Time, to the extent permitted under this provision, shall be the sole remedy of <br />the Contractor for any (1) delay in the commencement, prosecution or completion of the <br />Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of <br />productivity, or (4) other similar claims due to or caused by any events beyond the control <br />of both the City and Contractor. In no event shall the Contractor be entitled to any <br />compensation or recovery of any damages or any portion of damages resulting from <br />delays caused by or within the control of Contractor or by acts or omissions of Contractor <br /> <br />23 <br />
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