COM 0660.000 2020-2022 - Laserfiche WebLink

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(ii) Following the issuance of the Notice to Proceed, the Developer shall require the Contractor to proceed with the Work with due diligence until completion of the Improvements. The Developer shall cause the Work to be substantially completed under the Contract no later than the last day of the fifteenth (15t") calendar month following the issuance of the Notice to Proceed (subject to revision as hereinafter provided, the "Substantial Completion Date"). The Developer acknowledges that time is of the essence in the completion of the Work and agrees that the Substantial Completion Date is reasonable. The Developer warrants and represents that the Project Construction Schedule properly reflects the scheduling of all Work to achieve substantial completion by the Substantial Completion Date, with appropriate contingencies for time lost due to anticipated adverse weather conditions, differing site conditions, environmental matters relating to hazardous materials and other factors which could be reasonably anticipated; provided that the Substantial Completion Date may be extended in the event of a delay due to conditions of force majeure (i.e., conditions not caused by or within the control of the Developer), including severe and unavoidable natural catastrophes such as fires, 3 floods, epidemics, earthquakes and acts of war or terrorism. If the Work is not 3 substantially completed on time, the Developer acknowledges that the County is likely to suffer substantial damages. As a result, if the Developer does not achieve substantial completion in a timely manner, then the Developer shall pay to the County as liquidated damages, and not as a penalty, the sum of $500 per calendar day for each and every calendar day until substantial completion. The County may, at its discretion, withhold the total sum of liquidated damages from amounts otherwise due the Developer. (iii) The Developer shall enforce the Contract, and shall require the Contractor to enforce the Subcontracts, including the foregoing requirements with respect thereto, so as to ensure that the Work is conducted and completed in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their best efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer shall notify DEM of any breaches and all actions taken or proposed to be to remedy the same. The Developer shall comply with reasonable directions by DEM with respect to such actions. I (iv) The Improvements shall be constructed in full compliance with the Plans and Specifications previously approved by DEM (the "Plans"), as the same may be revised from time to time with the approval of DEM. (v) Prior to entering into any change order for the Work, the Developer shall submit proposed change order documentation to DEM and obtain DEM's ,approval of such change prior to implementing such changes, which shall not be unreasonably withheld or delayed. However, if time is of the essence, the Developer may proceed with the change order at its own risk, and potentially forfeit payment for this Work, pending DEM approval of the changes;provided, however,that in no event shall the Developer be permitted to submit the change order to DEM for approval more than ten (10 business days following the Developer's issuance of the written change order to the Contractor. For purposes of the foregoing, the term "change order" shall not include field orders issued by the consulting engineer that do not involve an adjustment to the Contract Price or Project Construction 3 I g 3 I i