SR 05:139 - Laserfiche WebLink

If the work is not completed by Contactor in the time specified herein above, or within any period of extension as above authorized, it is understood that Owner will suffer damage; and it being impracticable and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to Owner, as fixed and liquidated damages, and not as a penalty, the stun of fifty dollars ($50.00) for each calendar day during which the Contractor is found to have been in noncompliance, and Contractor and Contractor's surety shall be liable for the amount thereof; provided, however, that Contractor shall not be charged hquidated damages because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (including, but not restricted to, Acts of God, acts of the Government, acts of the Owner, fires, floods, epidemics, quarantine, restrictions, strikes and fi.eight embargoes). Contractor shall within ten (10) calendar days fi.om the beginning of any such delay, notify Owner in writing of the cause of the delay and the amount of time extension requested, if any; whereupon Owner shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in its judgrnent and for the amount of time if any, the findings of fact justify such an extension. The Director of Public Works' determination shall be final and binding on the parties. 4-06. INSURANCE CONTRACTORS' ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT IS HIGHLY RECOMMENDED THAT CONTRACTORS CONFER WITH THEIR RESPECTIVE INSURANCE CARRIERS OR BROKERS TO DETERMINE IN ADVANCE OF PROPOSAL SUBMISSION THE AVAILABILITY OF INSURANCE CERTIFICATES AND ENDORSEMENTS AS PRESCRIBED AND PROVIDED HEREIN. IF CONTRACTOR FAILS TO COMPLY STRICTLY WITH THE INSURANCE REQUIREMENTS, THAT CONTRACTOR MAY BE DISQUALIFIED FROM AWARD OF THE CONTRACT. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in conjunction with the performance of the work hereunder by the Contractor, Contractor's agents, representatives, employees and subcontractors. The cost of such insurance shall be included in the Contractor's proposal. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Insurance Services Office form number CG 0001 (Ed. 1/96) covering Commercial General Liability and name the City as an additional insured. 2. Insurance Services Office form number CA 00 01 (Ed. 12/93) covering Automobile Liability, code 1 "any auto". Worker's Compensation insurance as required by the Labor Code of the State of California and Employer Liability insurance, and an endorsement for waiver of subrogation. B. MINIMUM LIMITS OF INSURANCE