2021/11/17 Council Agenda Packet

agree otherwise in writing. Phase 1 Services shall be complete no later than August 1S, 2022 unless the parties mutually agree in writing. 6.2 Phase 2. 6.2.1. Phase 2 Work Limitations and Window. The Work associated with the Phase 2 Services will consist of two primary components: (1) The Work associated with the in -ground 20-million-gallon concrete reservoir, including all in -water activities (the "Reservoir Work") and (2) the Work associated with the vault (the "Vault Work"). As identified and described in Owner's Project Criteria (Exhibit B), the Reservoir Work and the Vault Work cannot be performed concurrently, and there is a limited window in which the physical Reservoir Work can take place. The Design -Builder shall not perform the physical Reservoir Work and the Vault Work concurrently, and shall perform all physical Reservoir Work between the dates of September 15, 2022 to December 31, 2022. Should the Design -Builder fail to obtain Substantial Completion by the date indicated above, he/she will be allowed to complete the work; however, the liquidated damages set forth in Section 6.4 below will be strictly enforced. Work may continue in this fashion until March 1St, 2023, at which time all work (including liner patching/repair, cleaning, testing, and inspections) must be complete with the Reservoir and Valve vault being fully operational. If Substantial Completion has not occurred by March 1, 2023, no physical work may be performed between March 1, 2023 and September 15, 2023, during which time the City is not responsible for any additional costs incurred by the Design -Builder that are a result of the delay. Furthermore, the City agrees that liquidated damages will not be assessed between March 1, 2023 and September 15, 2023, if the Design -Builder's failure to complete the work does not interfere with the City's ability to operate and use the reservoir for potable water distribution during this time. However, liquidated damages assessment will resume on September 16, 2023 and continue until the project is complete. 6.2.2 Commencement. The Phase 2 Services shall commence within five (5) days of Design - Builder's receipt of Owner's Notice to Proceed with Phase 2 ("Date of Commencement"), if the Phase 2 Proposal is accepted and the GMP Amendment is executed, unless the parties mutually agree otherwise in writing. 6.2.3 Substantial Completion. Substantial Completion of the entire Work shall be achieved no later than January 15, 2023 ("Scheduled Substantial Completion Date"). 6.2.4 Final Completion. Final Completion of the Work, including all punch list items, shall be achieved no later than thirty (30) days following Substantial Completion ("Scheduled Final Completion Date"). Final Completion is the date when all Work is complete pursuant to the definition of Final Completion set forth in the General Conditions. 6.2.5 All of the dates set forth in this Article 6 shall be subject to adjustment in accordance with the General Conditions. 6.3 Time is of the Essence. Owner and Design -Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 6.4 Liquidated Damages. 6.4.1 Design -Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design -Builder agrees that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Design -Builder shall pay Owner liquidated damages in accordance with the following schedule: 6.4.1.1 For the period from one (1) to sixty (60) calendar days past the Scheduled Substantial Completion Date (the "Initial Period"), four thousand Dollars ($4,000) as PROGRESSIVE DESIGN -BUILD CONTRACT, Page 9