8944-17 Ratify Agreement with Local 1043, AFL-CIO & OH Council 8, AFSCME

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related costs and the administrative fees and personnel costs of City representatives and /or agents, including the fees and costs of the City's Criteria Engineer. ARTICLE VII. PROJECT AUTHORIZATIONS TO PROCEED/ COMPLETION The DB shall commence the Work upon receipt of a Notice of Commencement. The City will provide Authorizations to Proceed associated with each stage or phase of Work. The DB shall fully complete the Work within those number of days identified as set forth on the Schedule attached hereto unless otherwise modified by mutual agreement of the parties. Separate Authorizations may be issued associated with individual phases of and/or portions of the Work as selected and/or determined by the City. The DB recognizes that the City cannot and does not commit to any specific date or dates when the City shall issue Authorizations to Proceed and/or respond to DB requests or communications. The DB hereby expressly waives any claim for monetary compensation associated with delays in the performance of its Work, whether or not within or outside the control of the City. Such limitation shall include but shall not be limited to delays associated with lack of access to any of the existing improvements and /or systems located at the Project Site and with particular recognition of the need to allow the Facility to continue to operate during the course of the performance of the Work by the DB. The DB recognizes the assumption of the risk that such delays shall or may occur during the course of the performance of its Work. ARTICLE VIII. LIQUIDATED DAMAGES City and the DB agree that if the Work is not completed in accordance with the guaranteed completion date referenced within the Contract Documents, the City's damages would be extremely difficult or impracticable to determine. Accordingly, the parties agree that the amounts indicated below are reasonable estimates of and reasonable sums for damages. The City may deduct any liquidated damages due from the DB from any amounts otherwise due to the DB under the Contract Documents. This provision shall not limit any right or remedy of City in the event of any other default of the DB other than failing to complete the Work within the Contract Time. Liquidated damages shall apply as to the final completion dates for the Project and on a unit rate basis of $1,300.00 for each day. ARTICLE IX. CONSEQUENTIALANCIDENTAL DAMAGES. The DB shall be held liable for any consequential and/or incidental damages suffered by the City as a result of DB's breach of the provisions of the Contract Documents, including (but not limited to) expenses reasonably incurred in the inspection, receipt, transportation, and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses, or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach. Such obligation on the part of the DB shall be supplemental to the 151Page