Reso 2026-4001 - Laserfiche WebLink

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Where substitutions are expressly permitted or allowed by the Contract Documents, the Contractor must demonstrate to both the Engineer / Architect and the City that a proposed substitution is equal in substance, quality and function to the material, article, or piece of equipment identified in the Contract Documents. The City shall have no obligation to accept a proposed substitution, and no substitution shall be allowed without the prior written approval from both the Engineer / Architect and the City. If the substitution results in a savings to the Contractor, the City shall be entitled to a credit for the amount saved as a result of the substitution. FAA III droll aIII 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 Sixty (60) 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) calendar days after the date of Substantial Completion. The Contractor shall be entitled to an extension of the Contract Time for delays associated with procurement or delivery of materials or equipment having commercially reasonable lead times that represent a substantial portion of the Contract Time, provided the Contractor has timely processed submittals and ordered such materials or equipment. Such delays shall not subject the Contractor to liquidated damages. 3.1.2. The Contractor shall pay the City the sum of Two Hundred Fifty Dollars and No Cents 250.00 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 Page 6 of 44