2003 AGN FEB 04 I01 - Laserfiche WebLink

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3.2 Contractor's Basic Oblieation; ScoUe of Work. Contractor promises and agrees to perform all design and construction services, and to provide all labor, materials, tools, equipment, services, and incidental and customary work necessazy to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in this Contract (hereinafter the "Work" or "Project"), for a Total Contract Price as specified pursuant to Exhibit C, Price Schedule of this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. For example, and not by way of limitation, said Work will include: (a) development of the engineered site, foundation, and piping plans including grading information for construction of concrete pads for each well site location; (b) development of all necessary head loss data for the design of the booster pump or well pump changes; (c) construction of the concrete foundation; (d) provision and installation of all vessels, piping, appurtenances, instrumentation, resin, labor, and transportation for the treaUnent of Perchlarate at each of the two treatment locations; (d) training for operation of the Project; (e) provision of labor and materials for the removal and replacement of the spent resin; (� disposa] of the spent resin upon possession of the materials and providing evidence of proper destruction; (g) Perchlorate monitoring interstage for breakthrough evaluation; and (h) provision of all applicable required engineering, reports, and data for permit approval of the applicable systems by the California Department of Health Services. 3.3 Change in Scone of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the Owner and accepted by Contractor. 3.4 Period of Performance and Liquidated Dama�es. The Work shall commence within five (5) days after receipt by Contractor of the Notice to Proceed issued by Owner. Contractor shall perform and complete all Wark under this Contract within six (6) weeks from receipt of the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in accordance with the agreed upon completion schedule, or construction schedule developed by the Owner and agreed upon by Contractor. Such schedules are included as part of Exhibit "A", Plans and Specifications. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule or construction schedule developed pursuant to provisions of this Contract, it is understood, acknowledged and agreed that the Owner will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the Owner as fixed and liquidated damages, and not as a penalty, the sum of Two Thousand Five Hundred Dollars ($2500.00) per day for each and every calendaz day of delay beyond the Contract Time or beyond any completion schedule or construction schedule established pursuant to this Contract. In no event shall the total amounts paid to Customer as liquidated damages pursuant to this clause exceed 5% of the total purchase price paid for the affected item(s). Customer understands and agrees that the liquidated damages contained herein shall be Customer's sole and exclusive remedy for delays in the Contract Time. City of Colton/CiSFilter/[onpure Page 2 of 17 Contract for Design-Build, Reclamation of Aquifer Supply Ptoject Rev. 052903 Final