Reso 2017-2685 - Laserfiche WebLink

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Documents and shall achieve Final Completion of the Work no later than Two Hundred Sixty One(261)calendar days from the Commencement Date specified in the Notice to Proceed issued by the City Manager or his designee ("Scheduled Final Completion Date"). 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 Work by the date specified in the Notice to Proceed issued by the City Manager or his designee, 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. 2.3 Time is of the essence throughout this Agreement. 2.4 "Substantial Completion"of the entire Work shall be achieved no later than Two Hundred Thirty One(231) calendar days from the commencement date specified in the Notice to Proceed issued by the City Manager or his designee ("Scheduled Substantial Completion Date"). 2.5 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 within the Scheduled Substantial Completion Date then Contractor shall pay the City One Thousand Seven Hundred Forty Two Dollars ($1,742.00) as liquidated damages per day for each calendar day that extends beyond the Scheduled Substantial Completion Date. Additionally, if the Contractor fails to achieve Final Completion within 30 (thirty) days of the date of Scheduled Substantial Completion Date, the Contractor shall pay to City, in addition to the liquidated damages for substantial completion delays, liquidated damages for delay in Final Completion in the amount of One Thousand Seven Hundred Forty Two Dollars ($1,742.00) per day for each and every calendar day that extends beyond the Scheduled Final Completion Date. 2.6 These liquidated damage amounts are not penalties but are liquidated damages to the City for its inability to obtain beneficial occupancy and/or use of the Work. 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. 2.7 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. 2.8 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. Time is of the essence of this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to 4 CD3