Laserfiche WebLink
<br />1. Contractor shall achieve Substantial Completion of the Work within <br />NINETY (90) Calendar Days from the date the Contract Time <br />commences to run. <br /> <br />B. Liquidated Damaqes <br /> <br />1. Agency and Contractor recognize that time is of the essence of this <br />Agreement and that Agency 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 <br />paragraph 1I\.A.1 above plus any extensions thereof allowed in <br />accordance with the Contract Documents. Consistent with Section <br />00700 (General Conditions), Contractor and Agency agree that <br />because of the nature of the Project, it would be impractical or <br />extremely difficult to fix the amount of actual damages incurred by <br />Agency because of a delay in completion of the Work. <br /> <br />2. Accordingly, Agency and Contractor agree that Contractor shall pay <br />Agency Two hundred fifty dollars ($250) for each Day that expires <br />after the time specified in Paragraph 1I\.A.1 of this Section 00520 for <br />Contractor to achieve Substantial Completion, until such date as <br />contractor achieves Substantial Completion. <br /> <br />C. Liquidated damages for delay shall only cover and be in lieu of the actual <br />damages suffered by Agency as a result of delay referenced above. <br />Liquidated damages shall not cover the cost of completion of the Work, <br />damages resulting from defective work, cost of temporary replacement <br />facilities, damages suffered by others who then seek to recover their <br />damages from Agency (for example, delay claims of other contractors or <br />subcontractors), and defense costs thereof. <br /> <br />IV. AGENCY'S ENGINEER AND REPRESENTATIVES <br /> <br />Reserved <br /> <br />V. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES <br /> <br />In order to induce Agency to enter into this Agreement, Contractor makes the <br />following representations and warranties: <br /> <br />A. Contractor has visited the Site and has examined thoroughly and <br />understood the nature and extent of the Work, Site, locality, actual <br />conditions, as built conditions, and all local conditions and federal, state and <br />local laws and regulations that in any manner may affect cost, progress, <br />performance or furnishing of Work or which relate to any aspect of the <br />design and the means, methods, techniques, sequences or procedures of <br />construction to be employed by Contractor and safety precautions and <br />programs incident thereto. <br /> <br />B. Contractor has examined thoroughly and understood all reports of <br /> <br />ATTY/AGR/2007.010 <br />043007 <br /> <br />2 <br />