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5 <br /> 6. LIQUIDATED DAMAGES <br /> Any delay in the scheduled dates for Substantial Completion and the Completion Date will cause <br /> loss and damage to the City. Such damages include not only damages resulting from loss of <br /> ability to use the Project as planned and staff administrative costs,but also damages to its <br /> reputation both locally and nationally. From the nature of this Contract,it would be <br /> impracticable and extremely difficult to fix the actual damages sustained as a result of missing <br /> these deadlines. The City and Contractor therefore agree that in the event of missing either of the <br /> two deadlines, and such failure is not caused by the actions or inaction of the City and/or its <br /> agent(s), or as the result of a City requested change,the Contractor agrees to pay the City <br /> liquidated damages, and not as a penalty,the sum of One Thousand Three Hundred dollars <br /> ($1,300.00)per day for each calendar day that: 1) Substantial Completion is delayed beyond 630 <br /> bays from the Notice to Proceed; or 2)the Completion Date of the Project is delayed beyond 690 <br /> .:......... <br /> days from the Notice to Proceed. The Parties agree that this sum is a fair and reasonable estimate <br /> of the actual damage which would be caused by the failure to complete the Project by the agreed <br /> times. These liquidated damages specifically do not include costs incurred by the City from third <br /> parties(consultants, etc.)as a result of any delay, and the Contractor agrees that the City may <br /> recover such costs in addition to liquidated damages. <br /> 7. RELATIONSHIP OF THE PARTIES <br /> 7.1. General <br /> The Contractor accepts the relationship of trust and confidence established by this Contract and <br /> covenants with the Owner to cooperate with the Engineer through every phase of the Work and <br /> utilize the Contractor's best skill, efforts and judgment in furthering the interests of the Owner; to <br /> furnish efficient business administration and supervision; to use best efforts to furnish at all times <br /> an adequate supply of workers and materials; and to perform the Work in the best way and most <br /> expeditious and economical manner consistent with the interests of the Owner. The Contractor <br /> recognizes that the Owner has a separate agreement with the Engineer to design the project and <br /> to provide certain construction administration services necessary to ensure that the construction <br /> conforms to the Drawings and Specifications. The Contractor further recognizes that in order for <br /> the Project to be completed on time and within the GCC, the Contractor and the Engineer and the <br /> Owner will have to cooperate closely on a regular basis <br /> 7.2. No Agency <br /> This Agreement does not constitute the Contractor as the agent or legal representative of the <br /> Owner for any purpose whatsoever, and the relationship of the Contractor to Owner by reason of <br /> this Agreement shall be that of an independent contractor. The Contractor is not granted any <br /> express or implied right or authority to assume or create any obligation or responsibility on <br /> behalf of or in the name of the City or to bind the City in any manner or thing whatsoever. <br /> 2.7.10. <br /> Everett Water Pollution Control Facility Expansion Phase A <br /> Construction Agreement 13 <br /> 31 <br />