Agmt 2008 Siemens Building Technologies Inc

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application) provided the City issues its Notice To Proceed by October 1, 2008. 15.1.2 Project Schedule. Within seven (7) calendar days after the Notice to Proceed, Siemens shall submit a detailed Master Schedule of Work consistent with the Exhibit B-2 Milestone Schedule. The Schedule of Work shall show each milestone, the sequence of each activity, the number of days required to complete each task, as well as showing all field construction operations, compliance and shop drawing submittals, procurement of material and equipment furnished by Siemens, equipment installation and testing, float time and the critical path of controlling operations necessary to complete the Work. Siemens shall provide a monthly updated schedule, and document any deviations from the Master Schedule of Work and appropriate recovery steps to bring the projects into conformance with the Master Schedule of Work, as required. 15.1.3 Liquidated Damages. Time is of the essence in this Agreement. By execution of the Agreement, the City and the Siemens (and its subcontractors) agree that it will be difficult or impossible to determine the actual damage that the City will sustain in the event of Siemens' failure to fully perform the Work or to fully perform all of Siemens' obligations that have accrued pursuant to the Agreement by the time for completion. Siemens acknowledges that the timely completion of the Work is essential to receiving a Self-Generation Incentive Program (SGIP) incentive in the amount of $255,000; therefore, Siemens will adjust its schedule and provide the necessary labor and Equipment to meet the incentive requirements. If the SGIP incentive is not obtained, and Siemens is found to be the sole cause of such failure, then the City and Siemens agree in accordance with California Government Code Section 53069.85 that Siemens will forfeit and pay to the City the sum of $255,000 as liquidated damages. The City and Siemens further agree in accordance with California Government Code Section 53069.85 that the liquidated damages sum specified in this Section is not manifestly unreasonable under the circumstances existing at the time the Agreement was made, and that the City may deduct liquidated damages sums in accordance with this Section from any payments due or that may become due Siemens under this Agreement. In the event that delay is concurrently caused by Siemens and the City or a third party, not including Siemens' agents or subcontractors, liquidated damages will be determined by assessing Siemens' proportionate responsibility for delay and applying that proportionate share to the $255,000 forfeiture. Section 16. CHANGE TO PROJECT SCHEDULE. 16.1.1 The Project Schedule may only be changed by change order or written amendment and all time limits stated in the Contract Documents are of the essence of the Agreement. Section 17. TERMINATION AND MODIFICATION. WPCP Cogeneration 090808 -Page 24 of 60