Specifications - Laserfiche WebLink

Home Browse Search

approved extension of time granted to CONTRACTOR whichever date is later. Such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of a unilateral Change Order issued by the CITY. 12.4 The Contract time may only be changed by a Change Order. Any claim for an extension in the CONTRACT TIME shall be based on written notice delivered to the CITY within five (5) days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and recommended by the CITY, with final approval by the CITY'S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Agreement. 12.6 No claim for delay shall be allowed because of failure to furnish Drawings until fourteen (14) days after demand to the CITY for such Drawings and not then unless such claim be reasonable. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Section 12.4. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of Work identified on the accepted schedule or updates resulting in: a) CONTRACTOR being unable to work at least fifty percent (50 %) of the normal workday on controlling items of Work identified on the accepted schedule or updates due to adverse weather conditions; or b) CONTRACTOR must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50 %)of the normal workday on controlling items of Work identified on the accepted schedule or updates. 12.8 No Damages for Delay: No claim for damages or any claim, other than for an extension of time as provided for in Section 12.4 shall be made or asserted against CITY by reason of any delays. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. ARTICLE 13 - GUARANTEE 13.1 The CONTRACTOR shall guarantee and unconditionally warranty through either the manufacturer or the CONTRACTOR directly, all materials and equipment furnished, arid Work performed for a period of one (1) from the date of Final Acceptance as indicated in the CITY'S Letter OF Recommendation Of Acceptance. The CITY will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to promptly correct such defective or non - conforming Work, the CITY may cause the defective Work to be removed or corrected at the CONTRACTOR'S expense, and the CITY may charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 132 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1 shall be applicable. 00710-21