Laserfiche WebLink
.�. .. .�..--�rirrro����rr .. <br /> , ! <br /> B. Liquidated Damaaes <br /> 1. City and Contractor recognize that time is of the essence of this Agreement <br /> and that City will suffer financial loss in the form of lost revenues, contract <br /> administration expenses (including project management and consultants' <br /> expenses), delay and loss of public use, if the Work is not completed within <br /> the time specified in paragraph 3.1 above plus any extensions thereof allowed <br /> in accordance with the Contract documents. Consistent with Document 00700 <br /> (General Conditions), Contractor and City agree that because of the nature of <br /> the Project, it would be impractical or extremely difficult to fix the amount of <br /> actual damages incurred by City because of a delay in completion of the Work. <br /> 2. Accordingly, City and Contractor agree that Contractor shall pay City five <br /> hundred and No/100 dollars($500.00)for each Day that expires after the time <br /> specified in Paragraph 3.1 of this Document 00520 for Contractor to achieve <br /> Substantial Completion, until such date as contractor achieves Substantial <br /> Completion. <br /> C. Liquidated damages for delay shall only cover and be in lieu of the actual damages <br /> suffered by City as a result of delay referenced above. Liquidated damages shall not <br /> cover the cost of completion of the Work, damages resulting from defective work, cost <br /> of temporary replacement facilities, damages suffered by others who then seek to <br /> recover their damages from City (for example, delay claims of other contractors or <br /> subcontractors), and defense costs thereof. <br /> IV. CITY'S ENGINEER AND REPRESENTATIVES <br /> Reserved <br /> V. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES <br /> In order to induce City to enter into this Agreement, Contractor makes the following <br /> representations and warranties: <br /> A. Contractor has visited the Site and has examined thoroughly and understood the <br /> nature and extent of the Work, Site, locality, actual conditions, as built conditions, and <br /> all local conditions and federal, state and local laws and regulations that in any <br /> manner may affect cost, progress, performance or fumishing of Work or which relate <br /> to any aspect of the design and the means, methods, techniques, sequences or <br /> procedures of construction to be employed by Contractor and safety precautions and <br /> programs incident thereto. <br /> B. Contractor has examined thoroughly and understood all reports of exploration and <br /> tests of subsurface conditions, drawings or reports, available for design and <br /> construction purposes, of physical conditions, or which may be apparent at the Site <br /> and accepts the determination set forth in these documents and Document 00700 <br /> (General Conditions) of the limited extent of the information contained in these <br /> documents upon which the Contractor may be entitled to rely. Contractor agrees that <br /> except for the information so identified, Contractor does not and shall not rely on any <br /> other information contained in these Sections. <br /> C. Contractor has considered the physical conditions at or contiguous to the Site or <br /> otherwise which may affect the cost, progress, performance or furnishing of Work, as <br /> Contractor considers necessary for the performance or furnishing of Work at the <br /> Contract Sum, within the Contract Time and in accordance with the other terms and <br /> conditions of Contract documents, including specifically the provisions of the General <br /> Conditions. <br /> AGREEMENT <br /> 2014-2015 SANITARY SEWER REPLACEMENT PROJECT <br />