Reso 2014-2264 - Laserfiche WebLink

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DAMAGES 2.1 Time is of the essence in the performance of the Services under this Agreement. The Commencement Date shall be the date specified in the Notice to Proceed issued by the City Manager or his designee. Contractor shall perform the Services in accordance with the Contract Documents and shall achieve Final Completion of the Services no later than Ninety (90) days from the Commencement Date specified in the Notice to Proceed issued by the City Manager or his designee. The Notice to Proceed will be issued after the Contractor has obtained the necessary Permits to complete the Project. Contractor shall be required to apply for the necessary_ Permits to complete the Project no later than Ten (10) days after execution of this Agreement. 2.2 Contractor shall submit all required documents. including but not limited to the Bonds and the Insurance Certificate, prior to issuance of Notice to Proceed by the City Manager or his designee. In the event Contractor fails to deliver to the City Manager or his designee the required documents within ten (10) days after execution of this Agreement, or fails to apply for the Permits within ten (10) days after execution of this Agreement. or fails to commence Services by the date specified in the Notice to Proceed issued by the City Manager or his designee. then Contractor shall be in default. In such event the City; in addition to all remedies provided for an event of Contractor's default hereunder, shall have the right to collect from Contractor all expenses incurred by the City in the re- procurement of the Services. 2.3 Time is of the essence throughout this Agreement. 2.4 Upon failure of Contractor to complete the Services within the deadline stated in the Contractor's "Project Timeline ", attached hereto as Attachment "A no later than Ninety (90) days from the Commencement Date specified in the Notice to Proceed, plus any approved time extensions (if applicable), Contractor shall pay to the City the sum of Four Hundred Dollars (5400.00) for each calendar day date beyond this deadline for completion. These amounts are not penalties but are liquidated damages to the City for its inability to obtain beneficial occupancy and /or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Services on time. 2.5 The City is authorized to deduct liquidated damages from monies due to Contractor for Services under this Agreement or as much thereof as the City may, in its sole discretion, deem just and reasonable. 2.6 Contractor will promptly perform its duties under the Contract Documents and will give the Services as much priority as is necessary to cause the Services to be completed on a timely basis in accordance with the Contract Documents. Time is of the essence of this Agreement. All Services shall be performed strictly (not substantially) within the time limitations necessary to meet all deadlines established in the Contract Documents. 2.7 All dates and periods of time set forth in the Contract Documents, including those for the 4S l�