Reso 2011-1727 - Laserfiche WebLink

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Article 4: Ownership of Work Product 4.1 Work Product. The Contractor's shop drawings and submittals for the improvements to Bella Vista Bay Park, and in addition all reports, estimates, logs, original drawings, and other materials furnished, prepared or executed by Contractor during the term of and in accordance with the provisions of this Contract (hereinafter, "Work Product ") shall be the property of the City and delivered to the City upon demand. Article 5: Contract Time 5.1 Date of Commencement. The Work shall commence on the date of the Notice to Proceed ( "Date of Commencement ") by the City Manager or his designee unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion. 5.2.1 Substantial Completion of the entire Work shall be achieved no later than 70 (seventy) calendar days from the Notice to Proceed ( "Scheduled Substantial Completion Date "). The term "Substantial Completion" shall mean that point at which, as certified in writing by the City Manager or his designee, the Work is at a level of completion in strict compliance with the Contract Documents such that the City can enjoy beneficial use or occupancy and can use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Work shall not result in the Work being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 5.2.2 Final Completion of the Work shall be achieved no later than 30 (thirty) days of the date of Substantial Completion ( "Scheduled Final Completion Date. ") "Final Completion" means the completion of all Work required by, and in strict compliance with, the Contract Documents, including start-up, testing, obtaining regulatory approvals from all applicable authorities, and all preparations necessary to finalize the Work. 5.2.3 All of the dates set forth in this Article 5 ( "Contract Tine(s) ") shall be subject to adjustment in accordance with the Contract Documents. 5.2.4 Time is of the Essence. City and Contractor mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 5.2.5 Liquidated Damages. Contractor understands that if the Substantial Completion is not attained by the Scheduled Substantial Completion Date, City will suffer damages which are difficult to determine and accurately specify. Contractor agrees that if Substantial Completion is not attained by 70 (seventy) calendar days from the Notice to Proceed then Contractor shall pay City Eight Hundred Dollars ($800.00) as liquidated damages per day for each calendar day that extends beyond the Scheduled Substantial Completion Date. If the Contractor fails to achieve Final Completion within 30 (thirty) days of the date of Substantial Completion, the Contractor shall pay to City, in addition to C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 3 of 15