Bid #01-1112 Library and Reprographics Roofing ... - Citrus College
Bid #01-1112 Library and Reprographics Roofing ... - Citrus College
Bid #01-1112 Library and Reprographics Roofing ... - Citrus College
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damages directly <strong>and</strong> proximately resulting therefrom, provided that the District is liable for the delay, the<br />
delay is unreasonable under the circumstances involved <strong>and</strong> the delay was not within the reasonable<br />
contemplation of the District <strong>and</strong> the Contractor at the time of execution of the Agreement. In such event,<br />
Contractor’s damages, if any, shall be limited to direct, actual <strong>and</strong> unavoidable additional costs of labor,<br />
materials or Construction Equipment directly resulting from such delay, <strong>and</strong> shall exclude indirect or other<br />
consequential damages. In no event shall Contractor’s damages exceed the mark-up amount(s) set forth in<br />
the Special Conditions <strong>and</strong> in accordance with Article 9.4.1.3.4. Except as expressly provided for herein,<br />
Contractor shall not have any other claim, dem<strong>and</strong> or right to adjustment of the Contract Price arising out of<br />
delay, interruption, hindrance or disruption to the progress of the Work. Adjustments to the Contract Price<br />
<strong>and</strong> the Contract Time, if any, on account of Changes to the Work or Suspension of the Work shall be<br />
governed by the applicable provisions of the Contract Documents, including without limitation, Articles 9<br />
<strong>and</strong> 14 of these General Conditions.<br />
7.4.3 Unexcusable Delays. Unexcusable Delays refer to any delay to the progress of the Work caused<br />
by events or factors other than those specifically identified in Articles 7.4.1 <strong>and</strong> 7.4.2 above. Neither the<br />
Contract Price nor the Contract Time shall be adjusted on account of Unexcusable Delays.<br />
7.4.4 Adjustment of Contract Time<br />
7.4.4.1 Procedure for Adjustment of Contract Time. The Contract Time shall be subject to<br />
adjustment only in strict conformity with applicable provisions of the Contract Documents. Failure of<br />
Contractor to request adjustment(s) of the Contract Time in strict conformity with applicable provisions<br />
of the Contract Documents shall be deemed Contractor’s waiver of the same.<br />
7.4.4.2 Limitations Upon Adjustment of Contract Time on Account of Delays. Any adjustment<br />
of the Contract Time on account of an Excusable Delay or a Compensable Delay shall be limited as set<br />
forth herein. No adjustment of the Contract Time shall be made on account of any Excusable Delays<br />
or Compensable Delays unless such delay(s) actually <strong>and</strong> directly impact Work or Work activities on<br />
the critical path of the then current <strong>and</strong> updated Approved Construction Schedule as of the date on<br />
which such delay first occurs. The District shall not be deemed in breach of, or otherwise in default of<br />
any obligation hereunder, if the District shall deny a request by the Contractor for an adjustment of the<br />
Contract Time for any delay which does not actually <strong>and</strong> directly impact Work on the then current <strong>and</strong><br />
updated Approved Construction Schedule. In submitting a request for an adjustment of Contract Time,<br />
<strong>and</strong> as a condition precedent to the District’s review of such request, Contractor shall insert into the<br />
then current <strong>and</strong> updated Approved Construction Schedule a final analysis representing the event<br />
which Contractor claims to result in delay to the critical path as depicted in such updated Approved<br />
Construction Schedule. If an Excusable Delay <strong>and</strong> a Compensable Delay occur concurrently, the<br />
maximum extension of the Contract Time shall be the number of days from the commencement of the<br />
first delay to the cessation of the delay which ends last. If an Unexcusable Delay occurs concurrently<br />
with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract Time<br />
shall be the number of days, if any, which the Excusable Delay or the Compensable Delay exceeds the<br />
period of time of the Unexcusable Delay.<br />
7.5 Liquidated Damages; Contractor Delays<br />
7.5.1 Contractor Delays. Pursuant to Government Code §53069.85, should the Contractor not achieve<br />
Substantial Completion of the Work within the Contract Time, as adjusted, or to complete an Interim<br />
Milestone or Final Completion in accordance with the times specified or provided for in the Contract<br />
Documents, the Contractor shall forfeit <strong>and</strong> pay to the District the amount of per diem Liquidated Damages<br />
set forth in the Special Conditions, for every day beyond the Contract Time, as adjusted, Interim Milestone<br />
<strong>Citrus</strong> Community <strong>College</strong> District <strong>Bid</strong> Due Date: November 15, 2011 at 3:00: p.m.<br />
<strong>Bid</strong> <strong>#01</strong>-<strong>1112</strong> <strong>Library</strong> <strong>and</strong> <strong>Reprographics</strong> <strong>Roofing</strong> Project Page 70 of 96