Common use of CONTRACT TIME AND LIQUIDATED DAMAGES Clause in Contracts

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm shall commence the Work within ten (10) days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site prior to such Commencement Dates. Design-Build Firm shall provide forty-eight (48) hours' notice prior to beginning the Work. The Design Phase Work shall be completed within ( ) days from the Commencement Date. B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specified. Should Design-Build Firm fail to substantially complete the Work within the time period noted above for Substantial Completion, County shall be entitled to assess, as Liquidated Damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment for each day thereafter until Substantial Completion is achieved. The Project shall be deemed to be Substantially Completed by the County on the date that the County’s Representative certifies in writing that the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intended. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm fails to substantially complete the Work in accordance with the progress schedule. E. When any period of time is referred to by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday, Sunday, or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized holiday.

Appears in 6 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

AutoNDA by SimpleDocs

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm shall commence the Work within ten (10) days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site prior to such Commencement Dates. Design-Build Firm shall provide forty-eight (48) hours' notice prior to beginning the Work. The Design Phase Work shall be completed within ( ) days from the Commencement Date. B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specified. Should Design-Build Firm fail to substantially complete the Work within the time period noted above for Substantial Completion, County shall be entitled to assess, as Liquidated Damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment for each day thereafter until Substantial Completion is achieved. The Project shall be deemed to be Substantially Completed by the County on the date that the County’s Representative certifies in writing that the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intended. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm fails to substantially complete the Work in accordance with the progress schedule. E. When any period of time is referred to by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx Lee County. If the period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday, Sunday, or Xxx Lee County recognized holiday, the deadline will fall to the next Monday or non-Xxx Lee County recognized holiday.

Appears in 5 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm shall commence the Work within ten (10) days from the Commencement Datecommencement date, established in each Phase's the Notice to Proceed. No Work shall be performed at the Project Site prior to such Commencement Datescommencement date. Design-Build Firm shall provide forty-eight (48) hours' notice prior to beginning the Work. The Design Phase Work shall be substantially completed within _________ ( ) calendar days from the commencement date. The Work shall be fully completed and deemed ready by the County for final completion within ( ) calendar days from the Commencement Substantial Completion Date. B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date commencement date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specified. Should Design-Build Firm fail to substantially complete the Work within the time period periods noted above for Substantial Completion, County shall be entitled to assess, as Liquidated Damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment $ for each calendar day thereafter until Substantial Completion is achieved. The Project shall be deemed to be Substantially Completed by the County on the date that the County’s Representative certifies in writing that the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intended. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm fails to substantially complete the Work in accordance with the progress schedule. E. When any period of time is referred to by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx Lee County. If the period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday, Sunday, or Xxx Lee County recognized holiday, the deadline will fall to the next Monday or non-Xxx Lee County recognized holiday.

Appears in 4 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The "Commencement Date" is established in the Notice to Proceed to be issued by the County. Written Notice to Proceed is contingent upon and will be done subsequent to the Contractor fully satisfying the County’s stated insurance and Bond submittal requirements. The Contractor shall commence the Work within ten (10) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by the Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of the Contractor. The Design Phase Work shall be substantially completed within ( ) 180 calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance by the County within calendar days from the Commencement Date (herein "Contract Time"). B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm the Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, the County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment $500.00 for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that Design Professional issues a Substantial Completion Certificate pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intendedterms hereof. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm the Contractor fails to substantially complete the Work in accordance with the progress schedulea timely manner. E. C. When any period of time is referred to referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of time the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is greater than three (3) daysnot a Saturday, then it Sunday or legal holiday. All days shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday, Sunday, or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized holidayday and not business day.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The “Commencement Date” shall be established in the Notice to Proceed to be issued by the County. The Contractor shall commence the Work within ten five (105) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by the Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of the Contractor. The Design Phase Work shall be substantially completed within ( ) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the County when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance by the County within calendar days from the Commencement Date (herein "Contract Time"). B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm the Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, the County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment for 1for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that County issues a Substantial Completion Certificate pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intendedterms hereof. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm the Contractor fails to substantially complete the Work in accordance with the progress schedulea timelymanner. E. C. When any period of time is referred to referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized Sundayor legal holiday.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. 5.1 Time is of the essence in the performance of the any Work assigned under this Agreement. Design-Build Firm Contractor shall commence the Work within ten (10) calendar days from the Commencement Date, established in each Phase's the Notice to Proceed. No Work shall be performed at the a Project Site site prior to such the Commencement DatesDate. Design-Build Firm Contractor shall provide forty-eight (48) hours' 48 hours notice prior to beginning the Work. The Design Phase Work shall be completed within ( ) days from the Commencement Date. B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. 5.2 County and Design-Build Firm Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specified. Should Design-Build Firm Contractor fail to substantially complete the Work within the agreed time period noted above for Substantial Completionperiod, County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment $ for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed substantially completed by the County on the date that the County’s Representative representative certifies in writing that the Construction construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it is intended. Along with such certification, the County’s Representative Architect shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided hereinpayment. D. Design-Build Firm 5.3 Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm Contractor fails to substantially complete the Work in accordance with the progress schedule. E. 5.4 When any period of time is referred referenced to by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, Sunday or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized legal holiday.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the Work within ten five (105) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of Contractor. The Design Phase Work shall be substantially completed within ( ) 120 calendar days from the Commencement Date. B. . The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Time Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the Construction Phase shall be established in the Construction Phase Amendmentuse for which it is intended. The Contract Time work shall reach final completion and be the time period ready for final acceptance by Owner within 120 calendar days from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project(herein "Contract Time"). C. County B. Owner and Design-Build Firm Contractor recognize that, since time is of the essence for this Agreement, the County Owner will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, County Owner shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment $300.00 for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that Design Professional issues a Certificate of Substantial Completion pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intendedterms hereof. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the CountyOwner's actual damages at the time of contracting if Design-Build Firm Contractor fails to substantially complete the Work in accordance with the progress schedulea timely manner. E. C. When any period of time is referred to referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, Sunday or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized legal holiday.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The "Commencement Date" shall be established in the Notice to Proceed to be issued by the County. The Contractor shall commence the Work within ten five (105) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by the Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of the Contractor. The Design Phase Work shall be substantially completed within ( ) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance by the County within calendar days from the Commencement Date (herein "Contract Time"). B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm the Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, the County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment $500.00 for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that Design Professional issues a Substantial Completion Certificate pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intendedterms hereof. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm the Contractor fails to substantially complete the Work in accordance with the progress schedulea timely manner. E. C. When any period of time is referred to referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, Sunday or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized legal holiday.

Appears in 1 contract

Samples: Construction Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The "Commencement Date" shall be established in the Notice to Proceed to be issued by the County. Contractor shall commence the Work within ten five (105) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of Contractor. The Design Phase Work shall be substantially completed within ( Sixty (60) calendar days from the Commencement Date. B. . The Contract Time for the Construction Phase Work shall be established in fully completed and ready for final acceptance by the Construction Phase Amendment. The Contract Time shall be the time period County within Ninety (90) calendar days from the Commencement Date in (herein "Contract Time"). No work under this contract shall commence until certificates of insurance (see Exhibit A, paragraph 13.2) have been received and acknowledged by the Notice to Proceed for the Design Phase to the date of final completion of the ProjectPurchasing Manager. C. B. County and Design-Build Firm Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment One Thousand, Six Hundred Ninety Dollars ($1690.00) for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that County issues a Substantial Completion Certificate pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intended. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided hereinterms hereof. D. Design-Build Firm C. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm Contractor fails to substantially complete the Work in accordance with the progress schedule. E. D. When any period of time is referred reference to by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, Sunday or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized legal holiday.

Appears in 1 contract

Samples: Construction Contract

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The “Commencement Date” shall be established in the Notice to Proceed to be issued by the County. The Contractor shall commence the Work within ten five (105) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by the Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of the Contractor. The Design Phase Work shall be substantially completed within ( days. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the County when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance by the Countywithin calendar days from the Commencement DateDate (herein "Contract Time"). B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm the Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, the County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that County issues a Substantial Completion Certificate pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intendedterms hereof. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm the Contractor fails to substantially complete the Work in accordance with the progress schedulea timelymanner. E. C. When any period of time is referred to referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized Sundayor legal holiday.

Appears in 1 contract

Samples: Construction Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm shall commence the Work within ten (10) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site prior to such Commencement Dates. Design-Design- Build Firm shall provide forty-eight (48) hours' notice prior to beginning the Work. The Design Phase Work shall be completed within ( ) calendar days from the Commencement Date. B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specified. Should Design-Build Firm fail to substantially complete the Work within the time period noted above for Substantial Completion, County shall be entitled to assess, as Liquidated Damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment for each calendar day thereafter until Substantial Completion is achieved. The Project shall be deemed to be Substantially Completed by the County on the date that the County’s Representative certifies in writing that the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intended. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm fails to substantially complete the Work in accordance with the progress schedule. E. When any period of time is referred referenced to by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business All days as defined by Xxx County. If the period of time is greater than three (3) days, then it shall mean calendar days and not business days. For any period of time greater than seven (7) days where the deadline falls on a Saturday, Sunday, or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized holiday.

Appears in 1 contract

Samples: Design Build Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The “Commencement Date” shall be established in the Notice to Proceed to be issued by the County. The Contractor shall commence the Work within ten five (105) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by the Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of the Contractor. The Design Phase Work shall be substantially completed within ( ) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the County when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance bythe Countywithin 160 calendar days from the Commencement Date (herein "Contract Time"). B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm the Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, the County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment for 1for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that County issues a Substantial Completion Certificate pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intendedterms hereof. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm the Contractor fails to substantially complete the Work in accordance with the progress schedulea timelymanner. E. C. When any period of time is referred to referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized Sundayor legal holiday.

Appears in 1 contract

Samples: Construction Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The "Commencement Date" shall be established in the Notice to Proceed to be issued by the County. Contractor shall commence the Work within ten five (105) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of Contractor. The Design Phase Work shall be substantially completed within ( One Hundred Twenty (120) calendar days from the Commencement Date. B. . The Contract Time for the Construction Phase Work shall be established in fully completed and ready for final acceptance by the Construction Phase Amendment. The Contract Time shall be the time period County within One Hundred Fifty (150) calendar days from the Commencement Date in (herein "Contract Time"). No work under this contract shall commence until certificates of insurance (see Exhibit A, paragraph 13.2) have been received and acknowledged by the Notice to Proceed for the Design Phase to the date of final completion of the ProjectPurchasing Manager. C. B. County and Design-Build Firm Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment One Thousand Forty-Five Dollars ($1045) for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that County issues a Substantial Completion Certificate pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intended. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided hereinterms hereof. D. Design-Build Firm C. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm Contractor fails to substantially complete the Work in accordance with the progress schedule. E. D. When any period of time is referred reference to by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, Sunday or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized legal holiday.

Appears in 1 contract

Samples: Construction Contract

AutoNDA by SimpleDocs

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The "Commencement Date" shall be established in the Notice to Proceed to be issued by the County. The Contractor shall commence the Work within ten five (105) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by the Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of the Contractor. The Design Phase Work shall be substantially completed within ( ) 150 calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance by the County within 180 calendar days from the Commencement Date (herein "Contract Time"). B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm the Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, the County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment $500.00 for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that Design Professional issues a Substantial Completion Certificate pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intendedterms hereof. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm the Contractor fails to substantially complete the Work in accordance with the progress schedulea timely manner. E. C. When any period of time is referred to referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, Sunday or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized legal holiday.

Appears in 1 contract

Samples: Construction Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The “Commencement Date” shall be established in the Notice to Proceed to be issued by the County. The Contractor shall commence the Work within ten five (105) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by the Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of the Contractor. The Design Phase Work shall be substantially completed within ( 60 days. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the County when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance by the County within 60 calendar days from the Commencement DateDate (herein "Contract Time"). B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm the Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, the County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that County issues a Substantial Completion Certificate pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intendedterms hereof. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm the Contractor fails to substantially complete the Work in accordance with the progress schedulea timelymanner. E. C. When any period of time is referred to referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized Sundayor legal holiday.

Appears in 1 contract

Samples: Construction Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm shall commence the Work within ten (10) days from the Commencement Datecommencement date, established in each Phase's the Notice to Proceed. No Work shall be performed at the Project Site prior to such Commencement Datescommencement date. Design-Build Firm shall provide forty-eight (48) hours' notice prior to beginning the Work. The Design Phase Work shall be substantially completed within _________( ) calendar days from the commencement date. The Work shall be fully completed and deemed ready by the County for final completion within ( ) calendar days from the Commencement Substantial Completion Date. B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date commencement date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specified. Should Design-Build Firm fail to substantially complete the Work within the time period periods noted above for Substantial Completion, County shall be entitled to assess, as Liquidated Damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment $ for each calendar day thereafter until Substantial Completion is achieved. The Project shall be deemed to be Substantially Completed by the County on the date that the County’s Representative certifies in writing that the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intended. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm fails to substantially complete the Work in accordance with the progress schedule. E. When any period of time is referred to by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx Lee County. If the period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday, Sunday, or Xxx Lee County recognized holiday, the deadline will fall to the next Monday or non-Xxx Lee County recognized holiday.

Appears in 1 contract

Samples: Design Build Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The “Commencement Date” shall be established in the Notice to Proceed to be issued by the County. The Contractor shall commence the Work within ten five (105) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by the Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of the Contractor. The Design Phase Work shall be substantially completed within ( ) 120 calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the County when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance bythe Countywithin 120 calendar days from the Commencement Date (herein "Contract Time"). B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm the Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, the County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment for 1for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that County issues a Substantial Completion Certificate pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intendedterms hereof. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm the Contractor fails to substantially complete the Work in accordance with the progress schedulea timelymanner. E. C. When any period of time is referred to referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized Sundayor legal holiday.

Appears in 1 contract

Samples: Construction Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The “Commencement Date” shall be established in the Notice to Proceed to be issued by the County. The Contractor shall commence the Work within ten five (105) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by the Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of the Contractor. The Design Phase Work shall be substantially completed within ( 12 weeks following approval of shop drawings. The date of substantial completion of the Work (or designated portions thereof) days from is the Commencement Date.date certified by the County when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance by the County within B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm the Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, the County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment N/A for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that County issues a Substantial Completion Certificate pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intendedterms hereof. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm the Contractor fails to substantially complete the Work in accordance with the progress schedulea timelymanner. E. C. When any period of time is referred to referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized Sundayor legal holiday.

Appears in 1 contract

Samples: Construction Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The “Commencement Date” shall be established in the Notice to Proceed to be issued by the County. The Contractor shall commence the Work within ten five (105) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by the Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of the Contractor. The Design Phase Work shall be substantially completed within ( ) 60 calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the County when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance by the County within 60 calendar days from the Commencement Date (herein "Contract Time"). B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm the Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, the County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment for 1for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that County issues a Substantial Completion Certificate pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intendedterms hereof. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm the Contractor fails to substantially complete the Work in accordance with the progress schedulea timelymanner. E. C. When any period of time is referred to referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized Sundayor legal holiday.

Appears in 1 contract

Samples: Construction Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The “Commencement Date” shall be established in the Notice to Proceed to be issued by the County. The Contractor shall commence the Work within ten five (105) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by the Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of the Contractor. The Design Phase Work shall be substantially completed within ( ) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Engineer when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance by the County within calendar days from the Commencement Date (herein “Contract Time”). B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm the Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, the County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment $ [USE FDOT Schedule of LD’s based upon Project $ Value1 for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that Engineer issues a Substantial Completion Certificate pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intendedterms hereof. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's ’s actual damages at the time of contracting if Design-Build Firm the Contractor fails to substantially complete the Work in accordance with the progress schedulea timely manner. E. C. When any period of time is referred to referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, Sunday or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized legal holiday.

Appears in 1 contract

Samples: Construction Agreement

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. Design-Build Firm The “Commencement Date” shall be established in the Notice to Proceed to be issued by the County. The Contractor shall commence the Work within ten five (105) calendar days from the Commencement Date, established in each Phase's Notice to Proceed. No Work shall be performed at the Project Site site prior to such the Commencement DatesDate. Design-Build Firm shall provide forty-eight (48) hours' notice Any Work performed by the Contractor prior to beginning the WorkCommencement Date shall be at the sole risk of the Contractor. The Design Phase Work shall be substantially completed within ( ) 60 calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Engineer when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance by the County within 60 calendar days from the Commencement Date (herein "Contract Time"). B. The Contract Time for the Construction Phase shall be established in the Construction Phase Amendment. The Contract Time shall be the time period from the Commencement Date in the Notice to Proceed for the Design Phase to the date of final completion of the Project. C. County and Design-Build Firm the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specifiedspecified above, as said time may be adjusted as provided for herein. Should Design-Build Firm the Contractor fail to substantially complete the Work within the time period noted above for Substantial Completionabove, the County shall be entitled to assess, as Liquidated Damagesliquidated damages, but not as a penalty, a dollar amount established by the Construction Phase Amendment for 1for each calendar day thereafter until Substantial Completion substantial completion is achieved. The Project shall be deemed to be Substantially Completed by the County substantially completed on the date that the County’s Representative certifies in writing that Engineer issues a Substantial Completion Certificate pursuant to the Construction of the Project, or specified part thereof, is sufficiently completed in accordance with the Contract Documents, so that the Project or part can be utilized for the purposes for which it is intendedterms hereof. Along with such certification, the County’s Representative shall compile a "punch list" of any remaining exceptions that do not adversely affect the use of the Project. Completion of these items will be required prior to final payment as provided herein. D. Design-Build Firm The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Liquidated Damages liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Design-Build Firm the Contractor fails to substantially complete the Work in accordance with the progress schedulea timelymanner. E. C. When any period of time is referred to referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Xxx County. If the last day of any such period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days where the deadline falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, Sunday or Xxx County recognized holiday, the deadline will fall to the next Monday or non-Xxx County recognized legal holiday.

Appears in 1 contract

Samples: Construction Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!