Reso 2024-3718 - Laserfiche WebLink

Home Browse Search

EpdvTjho!Fowfmpqf!JE;!2193E418.88DB.5943.:22G.914D7G:28845EpdvTjho!Fowfmpqf!JE;!ED64EEGG.2G1:.5:C6.C4CB.73549671:658 3.3!Time is of the essence throughout this Agreement. The Project shall be substantially complete within (per timeframe as specified in the project quotation form or issued work order) CALENDAR DAYS from the Project Initiation Date specified in the Notice to Proceed or the Notice to Proceed Date if an Initiation Date is not indicated, and fully completed with all punch list items fully repaired and ready for final payment in accordance with Article 4 within (per timeframe as specified in the project quotation form or issued work order) calendar days from the date certified by PROJECT MANAGER and/or CONSULTANT as the date of Substantial Completion, OR (per timeframe as specified in the project quotation form or issued work order) whichever comes first. 3.4!Liquidated Damages. Upon failure of CONTRACTOR, or in the case of default, the surety, to provide Substantial Completion to the Project within the specified period of time, set forth in Section 3.3, CONTRACTOR, or in the case of default, the surety shall pay SHERIFF the amount of (per terms in project quotation form or issued work order) for each calendar day after the specified time period until such time as substantial completion is certified. For a period of (per terms in project quotation form or issued work order) calendar days the liquid damage fees shall toll during which time, the CONTRACTOR shall complete all remaining work including punch list work necessary to achieve final completion. Failure of the CONTRACTOR to complete all work within the specified (per terms in project quotation form or issued work order) calendar day period shall result in the continuation of liquidated damages recommencing on the (per terms in project quotation form or st issued work order) (ie.31day) and continuing until final completion. After Substantial Completion, should CONTRACTOR, or in the case of default, the surety, fail to complete the remaining work within the time specified in Section 3.3, for completion and readiness for final payment, CONTRACTOR, or in the case of default, the surety, shall pay SHERIFF the amount as established above for each calendar day after the specified time period. 3.4.1!Default days shall be counted in calendar days. 3.4.2!The amounts specified in 3.4 above are not penalties but are liquidated damages to SHERIFF for its inability to obtain full 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 SHERIFF as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of the damages and the cost and effect of the failure of CONTRACTOR to complete the Agreement on time. 3.4.3!SHERIFF is authorized to deduct liquidated damages from monies due to CONTRACTOR for the work performed under this Agreement or as much thereof as SHERIFF may, at its own option, deem just and reasonable. 3.5!Stop Work Order. 3.5.1!SHERIFF may, at any time, by written order to CONTRACTOR, require the CONTRACTOR to stop all or any part of the work for a period of Ninety (90) days 10