Reso 2015-2491 - Laserfiche WebLink

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ARTICLE 2. CONTRACT TIME, TIME FOR COMPLETION AND LIQUIDATED DAMAGES 2.1 The Commencement Date shall be no later than five (5) days after City's issuance of the Notice to Proceed. Contractor shall perform the Work in accordance with the Contract Documents and shall achieve Substantial Completion of the Project no later than 395 (Three Hundred and Ninety Five) calendar days from the issuance of the Notice to Proceed. Thereafter, Contractor shall be required to obtain Final Completion of the Project no later than Sixty (60) calendar days from the date of the City's Punch List to Contractor. 2.2 Contractor shall complete all applications for the Permits, and submit all required documents, including but not limited to the Bonds and the Insurance Certificate, within ten (10) calendar days after issuance of a Notice to Proceed by the City. In the event Contractor fails to deliver to the City the required documents within ten (10) days after issuance of a Notice to Proceed, or fails to apply for the Permits within ten (10) days after issuance of a Notice to Proceed, or fails to commence the Work within five (5) days after issuance of a Notice to Proceed, 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 Work in connection with RFP 14-09-01. 2.3 Upon failure of Contractor to achieve Substantial Completion of the Work by the Time for Completion, plus approved time extensions (if applicable), Contractor shall pay to the City the sum of Three Thousand Seven Hundred Seventy Dollars (53,770.00) for each calendar day after the Time for Completion plus any approved time extensions (if applicable), as set forth in Section 2.20 of RFP 14-09-01. After Substantial Completion, if Contractor fails to fully complete the Work within the time specified for Final Completion, Contractor shall pay City the sum of Three Thousand Seven Hundred Seventy Dollars (S3,770.00) for each calendar day after the time specified for Final 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 Work on time. 2.4 The City is authorized to deduct liquidated damages from monies due to Contractor for Work under this Agreement or as much thereof as the City may, in its sole discretion, deem just and reasonable. 2.5 Contractor will promptly perform its duties under the Contract Documents and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents. All Work shall be performed strictly (not substantially) within the time limitations necessary to meet all deadlines established in the Contract Documents. 2.6 All dates and periods of time set forth in the Contract Documents, including those for the 4 1 .)