Delays by City. In compliance with the provisions of Public Contract Code section 7102, Contractor will be compensated for damages incurred due to Delays in completing the Services in Phase 2 (Full Deployment) and Phase 3 (Completion of Ancillary Functionality and Services) as described in Section 3.2 due to the fault of the City, where such Delay is unreasonable under the circumstances, is not contributed to by Contractor or Contractor’s subcontractors, and not contemplated by the Parties and such Delay is not the result of additional work. Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of three hundred dollars ($300.00) per Day of Delay in excess of the time specified in Section 3.2 for completion of the Work in Phase 2 (Full Deployment) and Phase 3 (Completion of Ancillary Functionality and Services). Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such Delay. Notwithstanding the foregoing, the maximum total aggregate amount that City shall be liable for in liquidated damages due to Delay attributable to it is thirty-six thousand dollars ($36,000.00). Contractor expressly agrees to be limited solely to the liquidated damages for all such Delays. In the event of any Delay(s) by the City, Contractor will, within thirty (30) Days of the occurrence of the Delay(s), notify the City in writing. This thirty (30) Day notice period shall not be included in the calculation of any Delay(s) attributable to the City nor shall City be responsible in any manner for any additional Delay(s) resulting from the time taken by Contractor to provide the foregoing notice of the Delay(s) to the City. The notice shall include specific details of the Delay(s), including, but not limited to, the estimated impact on the Project. If the City disputes any of the matters set forth in Contractor’s notice, the matter will be resolved through the dispute resolution process of the Contract. If the City does not cure the Delay and it directly causes an increase of at least three (3) business Days to complete the Project or otherwise directly causes a failure by Contractor to comply with t...
