WB27020 ADDITIONAL NEW CITY HALL IMPROVEMENTS Construction of a generator enclosure, trash bin enclosure, and security infrastructure.

Additional New City Hall Improvements
New City Hall Renovations & Relocation Project
8.5.1 GENERAL. Contractor shall be granted reasonable time extension, by Change Order, for
delays caused by Owner only pursuant to in this Sub-article 8.5 and for delays beyond the
control of the Contractor only pursuant to Sub-article 8.5. Any costs incurred by the Contractor
related to extensions of time shall be borne fully by the contractor except as specified in Sub-
article 8.5. Because the Contractor has the right and responsibility to schedule the Work as it
sees fit to meet the Contract requirements, and because the Contractor has the opportunity to
accelerate or decelerate the pace of the Work, increase or decrease manpower, and change the
sequence of the Work at will, any delay shall be assumed to be the Contractor's responsibility
unless determined otherwise. The burden of proof shall be borne by the Contractor in
establishing that any delay is either outside Contractor's control or caused by others. Such proof
of delay must be based on the accepted CPM schedules submitted by the Contractor with
complete documentation of the CPM logic and actual time involved, and must show that the
delay affects Work on the critical path in a way that cannot be made up by use of available "float"
in the schedule, a change in sequence, or a reasonable increase in manpower.
8.5.2 DETERMINATION OF DELAY. Determination of delay and reasonable time extensions shall be
made by Architect, pursuant to Paragraph 7.2.7.
8.5.3 EARLY COMPLETION. Owner and Contractor stipulate that the Time for Completion
established in the Agreement is a reasonable time within which to perform the Work.
Regardless of the cause of a delay, the Contractor shall not pursue any claim against the Owner
for damages incurred as a result of Contractor's inability to complete its Work in a shorter period
than the Contract Time.
8.5.4 INEXCUSABLE DELAYS. "Inexcusable Delay" means any delay in Substantial Completion of
the Work beyond the expiration of the Contract Time caused by the Contractor, its employees,
Subcontractors, Sub-subcontractors or material suppliers. An inexcusable delay shall not entitle
the Contractor to an extension of Contract Time or an increase in Contract Sum but will subject
the Contractor to liquidated damages. Delays that could have been avoided by diligent planning
or coordination by the Contractor, including allowing adequate time for submittal review or other
response from Architect or Owner or timely notice by the Contractor to the Architect or Owner of
potential delays are Inexcusable Delays.
8.5.5 LIQUIDATED DAMAGES. Liquidated damages are those damages which the Owner would
suffer in the event of delay in occupancy include providing alternative facilities for staff,
disruption of business activities, the inability to provide the expected quality of service, and
potential increases in transportation, administrative, and staffing costs. Since it would be difficult
to determine the actual value of the damages to the Owner resulting from a delay in occupancy,
the Contractor and the Owner agree that the stated liquidated damages represent the parties'
reasonable estimate of damages the Owner will incur if the Contractor fails to complete the Work
within the time and in the manner provided for by the Contract Documents and that such
liquidated damages do not constitute a penalty. Liquidated damages only represent damages
pertaining to loss of use. The Owner retains the right to recover other actual and verifiable
damages incurred as a result of a delay in Substantial Completion such as additional inspection
or consultant costs.
8.5.5.1 Attention is directed to the provisions I Section 8-1.10, "Liquidated Damages," of
the Caltrans Specifications and these Special Provisions. The Contractor shall pay
liquidated damages to the City of Stockton in the amount of $2,000 (two 1
thousand dollars) per each and every calendar day that the Work,
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remains incomplete after expiration of the Contract Time. Full compensation for
conforming to the provisions of this section shall be considered as included in the prices
paid for the various contract items of work involved, and no additional compensation will be
allowed therefore.
8.5.6 COMPENSABLE DELAYS.
PrPojreocjet c#t: #E:W01B62071052 0 00 72 13 - 33 SPECIAL PROVISIONS
Rev. 12/08/21