Reso 2013-2040 - Laserfiche WebLink

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12.3 Liquidated Damages 12.3.1 The CONTRACTOR understands that if the 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 Cil'Y the sum of Two Thousand dollar; ($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 CfTY, 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 CfTY for Extra Work in furtherance of such Change Order shall be allowed unless prior approval has been obtained. The CONTRACTOR understands and agrees that any work, however characterized, performed by the CONTRACTOR without the C]TY'S prior written approval shall not be compensable, without exception. The CONTRACTOR intentionally, knowingly and voluntarily waives any claim for unjust enrichment or quantum meruit with respect to any work performed in the absence of a written Change Order. Any waiver of this provision must be in writing and signed by both Parties and in no event shall such written waiver extend to any subsequent event. 13.3 The Guaranteed Maximum Price and Contract Time shall be changed only by 26 SIB =''�