Reso 2025-3917 - Laserfiche WebLink

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ARTICLE III CONTRACT TIME 3.1 Time and Liquidated Damages 3.1.1. The City shall notify the Contractor in writing of the date on which the Work shall begin ("the Notice to Proceed Date"). The Contractor shall commence site activities on the Notice to Proceed Date, and the Work shall be carried on regularly and without interruption. The Contractor shall achieve Substantial Completion of the Work no later than Two Hundred Forty (240) calendar days after the Notice to Proceed Date. The number of calendar days from the Notice to Proceed Date, through the date set forth for Substantial Completion, shall constitute the "Contract Time." The Contractor shall furthermore achieve Final Completion of the Work no later than Thirty (30) Days after the date of Substantial Completion. 3.1.2. The Contractor shall pay the City the sum of One Thousand Dollars ($1,000.00) 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 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 Page 6 of 42