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5.4.2 Final Completion. Design-Builder understands that, if Final Completion is not achieved
<br /> within 30 days after Substantial Completion of all Work, Owner will suffer damages which are
<br /> difficult to determine and accurately specify. Design-Builder agrees that, if Final Completion is not
<br /> achieved within 30 days after Substantial Completion, Design-Builder shall pay to Owner one
<br /> thousand Dollars ($1,000), as liquidated damages for each day that Final Completion is delayed
<br /> beyond such 30 days.
<br /> 5.4.3 Failure to Complete Work Before End of Clearwell Construction Season. In addition
<br /> to liquidated damages under Sections 5.4.1 and 5.4.2 above, Design-Builder understands that, if
<br /> Design-Builder has not substantially completed all Work related to the East Clearwell before the
<br /> end of the Clearwell Construction Season, Owner will suffer damages which are difficult to
<br /> determine and accurately specify. Design-Builder agrees that, if such Substantial Completion is
<br /> not attained before the end of the Clearwell Construction Season, Design-Builder shall pay five
<br /> thousand dollars ($5,000) as liquidated damages for each post-Clearwell Construction Season
<br /> day until such Substantial Completion is attained for the East Clearwell roof.
<br /> 5.5 Any liquidated damages assessed pursuant to this Contract shall be in lieu of all monetary liability
<br /> for any and all extra costs, losses, expenses,claims, penalties and any other damages,whether special or
<br /> consequential, and of whatsoever nature incurred by Owner which are caused by any delay in achieving
<br /> Substantial Completion or Final Completion, provided this limitation shall not apply to Design-Builder's duty
<br /> to indemnify the Owner or to warrant Design-Builder's Work as provided in this Contract and shall not apply
<br /> to any loss, damage, cost or liability incurred by Owner due to factors unrelated to Design-Builder's delay.
<br /> Article 6
<br /> Contract Price
<br /> 6.1 Contract Price. Owner shall pay Design-Builder in accordance with Article 6 of the General
<br /> Conditions of Contract the sum of:Three million three hundred sixty-eight thousand three hundred
<br /> eighty-six dollars and ninety-one cents ($3,368,386.91) ("Contract Price"), subject to adjustments made
<br /> in accordance with the Contract Documents. Unless otherwise provided in the Contract Documents, the
<br /> Contract Price includes Washington State Sales Tax and all use,consumer, B&O, income,and other taxes
<br /> mandated by applicable legal requirements. By executing this Contract, Design-Builder represents and
<br /> acknowledges that the Contract Price is reasonable compensation for all the Work,that the Contract Time
<br /> is adequate for the performance of the Work, and that it has carefully examined the Contract Documents
<br /> and the Project Site and that it has satisfied itself as to the nature, location, character, quality and quantity
<br /> of the Work,the labor,materials,equipment,goods,supplies,work,services and other items to be furnished
<br /> and all other requirements of the Contract Documents, as well as the surface conditions and other
<br /> foreseeable matters that may be encountered at the Project Site or affect performance of the Work or the
<br /> cost or difficulty thereof, including but not limited to those conditions and matters affecting: transportation,
<br /> access,disposal, handling and storage of materials, equipment and other items; availability of labor,water,
<br /> electric power and utilities; drainage; availability and condition of roads; normal climatic conditions and
<br /> seasons; physical conditions at the Project Site and the surrounding locality; topography; and equipment
<br /> and facilities needed preliminary to and at all times during the performance of the Work.
<br /> 6.2 Markups for Changes. If the Contract Price requires an adjustment due to changes in the Work,
<br /> or for any other purpose, including Change Orders, Work Change Directives and Claims, and a lump sum
<br /> is not agreed upon, the following markups shall be allowed on such adjustments as an allowance for all
<br /> combined overhead, profit and other costs, including all office, home office and site overhead (including
<br /> project manager, project engineer, and superintendent, except for pre-agreed extra work they perform
<br /> caused by acceleration or an extension in the Contract Time), taxes (except for sales tax), safety costs,
<br /> and delay and impact costs of any kind:
<br /> 6.2.1 Design-Builder shall receive 12% of fixed-price costs or 8%of the time-and-material costs
<br /> of any materials supplied and/or work properly performed by Design-Builder's own forces.
<br /> City of Everett—Contract Page 5
<br /> Between Owner and Design Builder—Lump Sum
<br /> East Clearwell Roof Replacement Project
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