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<br />III. <br /> <br />IV. <br /> <br />V. <br /> <br />Atty/ Agr/2006.013 <br />032206 <br /> <br />CONTRACT TIME AND LIQUIDATED DAMAGES <br /> <br />A. <br /> <br />Contractor shall complete the Work within the following Schedule reflecting <br />the date the Contract Time commences to run as set forth in Section 00550 <br />(Notice to Proceed) and Section 00700 (General Conditions); and <br /> <br />1. Contractor shall achieve Substantial Completion of the Work within One <br />Hundred Twenty (120) Calendar Days from the date the Contract <br />Time commences to run. <br /> <br />B. <br /> <br />liquidated DamaQes <br />1. City and Contractor recognize that time is of the essence of this <br />Agreement and that City will suffer financial loss in the form of lost <br />revenues, contract administration expenses (including project <br />management and consultants' expenses), delay and loss of public <br />use, if the Work is not completed within the time specified in paragraph <br />3.1 above plus any extensions thereof allowed in accordance with the <br />Contract Documents. Consistent with Section 00700 (General <br />Conditions), Contractor and City agree that because of the nature of <br />the Project, it would be impractical or extremely difficult to fix the <br />amount of actual damages incurred by City because of a delay in <br />completion of the Work. <br /> <br />2. <br /> <br />Accordingly, City and Contractor agree that Contractor shall pay City <br />Five Hundred No/100 dollars ($500.00) for each Day that expires <br />after the time specified in Paragraph 3.1 of this Section 00520 for <br />Contractor to achieve Substantial Completion, until such date as <br />contractor achieves Substantial Completion. <br /> <br />c. <br /> <br />Liquidated damages for delay shall only cover and be in lieu of the actual <br />damages suffered by City as a result of delay referenced above. Liquidated <br />damages shall not cover the cost of completion of the Work, damages <br />resulting from defective work, cost of temporary replacement facilities, <br />damages suffered by others who then seek to recover their damages from <br />City (for example, delay claims of other contractors or subcontractors), and <br />defense costs thereof. <br /> <br />CITY'S ENGINEER AND REPRESENTATIVES <br />Reserved <br /> <br />CONTRACTOR'S REPRESENTATIONS AND WARRANTIES <br /> <br />In order to induce City to enter into this Agreement, Contractor makes the following <br />representations and warranties: <br /> <br />A. <br /> <br />Contractor has visited the Site and has examined thoroughly and understood <br /> <br />2 <br /> <br />