Reso 2011-1749 - Laserfiche WebLink

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12.2 No Recovery for Early Completion. If the CONTRACTOR submits a schedule or expresses an intention to complete the Work earlier than any required milestone or completion date, the CITY shall not be liable to the CONTRACTOR for any costs incurred because of delay or hindrance should the CONTRACTOR be unable to complete the Work before such milestone or completion date. The duties, obligations and warranties of the CITY to the CONTRACTOR shall be consistent with and applicable only to the completion of the Work and completion dates set forth in this Agreement. 12.3 Liquidated Damages 12.3.1 The CONTRACTOR understands that ifthe Project or the Work is not substantially completed within Three Hundred Ten (310) days from the date of the Notice to Proceed, then the CITY will suffer damages which are difficult to determine and accurately specify. As such, 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 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 Contract on time. 12.3.2 Upon failure of CONTRACTOR to complete the Work within the time specified for the substantial completion of the Project (plus approved extensions if any), CONTRACTOR shall pay to CITY the sum of Two Thousand dollars ($2,000.00) for each and every calendar day beyond the time specified in this Agreement for completion, as fixed and agreed liquidated damages and not as a penalty. The Liquidated Damages shall apply regardless of whether or not a single Contract is involved and shall apply separately to each portion of the Work for which a time of completion is given. CITY shall have the right to deduct from and retain out of moneys which may be then due or which may become due and payable to CONTRACTOR, the amount of such liquidated damages and if the amount retained by CITY is insufficient to pay in full such liquidated damages, the CONTRACTOR shall pay in full such liquidated damages. 12.4 Delay. Any delay caused by the CITY shall extend the date for substantial completion date by the number of days that resulted from the delay. ARTICLE 13 - CHANGES IN THE WORK, RESTRICTIONS AND LIMITATIONS 13.1 After the Plans and Specifications have been approved for construction by the Building Department, the CITY, without invalidating this Agreement, may order additions, deletions or revisions to the Work. Such additions, deletions or revisions shall be authorized by a Written Amendment or Change Order. 13.2 All Change Orders which, individually or when cumulatively increase the cost of the work, or which extend the time for completion, must be formally authorized and approved by the City Commission prior to their issuance and before work may begin. No claim against CITY for Extra Work in furtherance of such Change Order shall be allowed unless prior approval has 26 (' i') u .J