Agmt21 Landscape Structures, Inc. (LSI)

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5. Contract Time; Time is of the Essence; Liquidated Damages; Delays. 5.1.1 Contract Time. Contractor will fully complete the Work for the project within 90 (ninety) days from the commencement date given in the Notice to Proceed ("Contract Time"). Contractor must commence the Work no later than ten calendar days after the commencement date stated in the Notice to Proceed. By signing below, Contractor expressly waives any claim for delayed early completion. 5.1.2 Time is of the essence for each and every provision of this Agreement. 5.1.3 If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of one thousand dollars ($1,000.00) for each day of unexcused delay in completion, and the compensation payable to Contractor will be reduced accordingly. 5.1.4 Excusable Delays. The Contract Time may be extended if Contractor encounters "Excusable Delay," which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond Contractor's control, and which Contractor could not have avoided or mitigated through reasonable care, planning, foresight, and diligence. Contractor is not entitled to an extension of the Contract Time for delay that will not affect the time for Final Completion. 5.1.5 Compensable Delays. Pursuant to Public Contract Code Section 7102, in addition to entitlement to an extension of Contract Time, Contractor is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties ("Compensable Delay"). Contractor is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non -Excusable Delay, or that does not affect the time for Final Completion 6. Compensation. City will pay to Contractor a flat -rate fee in the amount of Eighty - One Thousand Eight Hundred and Eighteen Dollars and Sixty -Three Cents ($81,818.63) for the completion of all the work and services described herein, which sum will include all costs or expenses incurred by Contractor, payable as set forth in Exhibit "A". City will have the authority to withhold a 10% retention until it has accepted all of the Work as complete. 6.1 Contractor must submit applications for payment that contain the following: 6.1.1. A clear, detailed invoice reflecting Work for which Contractor is billing City; 6.1.2. A summary sheet showing hourly rates (if applicable); 6.1.3. Number of hours worked; 6.1.4. Percentage of Work completed to date; REV: 03-30-2021 RL ATTY/AGR.2021.064/Landscape Structures, Inc. (Shade Structure Installation) (Page 2 of 11)