Reso 2024-3732 - Laserfiche WebLink

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calendar days from the Project initiation specified in the Notice to Proceed and final completion shall be sixty (60) calendar days after Substantial Completion. The total two -hundred and forty (240) calendar days include weekend days and holidays. For the purpose of this Project, Final Completion shall be defined at that point after which the City Engineer or their representative, have made and approved the Final Inspection and the Punch List has been completed, and all deliverables have been provided to the City. 3.1.2. The Contractor shall pay the City the sum of One Thousand Five Hundred Dollars and No Cents ($1,500.00) per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at or before the time of executing this Contract. When the City reasonably believes that Final Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. 3.2. Notice to Proceed Date 3.2.1. Upon approval of the Contract for Construction by the City, the City Manager or designee shall issue a "Notice to Proceed" in which the "Notice to Proceed Date" is established as set forth in paragraph 3.1.1. 3.2.2. Once the Notice to Proceed Date has been established, the Contractor shall be responsible for the timely and successful completion of the Work and shall endeavor to provide all applicable agencies having jurisdiction with all the required documentation needed to successfully and timely continue the progress of the Work. This may include, but is not limited to providing all necessary documentation in the form of shop drawings, clarifications, calculations, technical data, protocols, product approvals, etc. 3.2.3. Under no circumstances will the City accept claims or be responsible for delays arising from failed, unsuccessful, untimely, or late inspections or rejections of inspected Work due to the fault of the Contractor for not supplying all of the necessary documentation in the forms required or requested by the Building Official. 3.3 Substantial Completion 3.3.1. "Substantial Completion" shall mean that stage in the progression of the Work when the Work is sufficiently complete in accordance with this Contract that the City can enjoy beneficial use or occupancy of the Work and can utilize the Work for its intended purpose. A condition precedent for the achievement of Substantial Completion is the receipt by the City of any and all Certificates of Occupancy or other authorizations required for occupancy by any governmental or regulatory authority. 3.4 Time is of the Essence All limitations of time set forth in the Contract Documents are of the essence of this Contract. MBR CONSTRUCTION, INC. Page 6 of 41 155