Resolution 2017-67 - Laserfiche WebLink

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commencement date established in each Phase's Notice to Proceed ("Commencement Date"). No Work shall be performed at the Project Site prior to such Commencement Dates. Design -Build Firm shall provide forty-eight (48) hours' notice prior to beginning the Work. The Work shall be substantially completed within one hundred and fifty (150) calendar days from the Commencement Date. The work shall be fully completed and deemed ready by the City for final completion within thirty (30) calendar days from Substantial Completion Date. The Contract Time shall be the time period from the Commencement Date to the date of final completion totaling one hundred and eighty (180) calendars days ("Contract Time"). B. City and Design -Build Firm recognize that, since time is of the essence for this Agreement, the City will suffer financial loss if the Work is not substantially completed within the time specified in the Scope of Work. Should Design -Build Firm fail to substantially complete the Work within the time period noted above, City shall be entitled to assess, as liquidated damages, but not as a penalty, five hundred DOLLARS, $500 for each calendar day thereafter until Substantial Completion is achieved. The Project shall be deemed to be substantially completed by the City on the date the City's Representative certifies in writing that the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it is intended. Along with such certification, the Owner shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided in the Fee Schedule. C. Design -Build Firm hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the City's actual damages at the time of contracting if Design -Build Firm fails to substantially complete the Work in accordance with the progress schedule. D. When any period of time is referenced to by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. E. Design -Build Firm's Exclusive Remedy: In the event the construction Substantial or Final Completion date is extended, regardless of whether delay is caused by an act or neglect of the City, or is attributable to the City, the Design -Build Firm's sole and exclusive remedy is an extension of the of the construction completion date. SECTION 6. EXHIBITS INCORPORATED The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: General Terms and Conditions Forms of Performance Bond and Labor and Material Payment Bond Notice of Award Notice to Proceed 8