3501 SR 529 2016-01-01 MF Import

PORT OF EVERETT UNION SLOUGH MARSH MITIGATION 2. 3. 4. PORT SECTION Opgpp SUPPLEMENTARY CONDITIONS The PORT as defined in Anicle 1 of the General Conditions is the Port of Everott, Washington acting through its Executive D'vector and his duly authorized agents. All noticos, letters, and other communication d'vected to PORT shall be addressed and deGvered to Pon of Everett, 2911 Bond 5treet, Everett, Washington 98201, Attention Contracts and Procurement Adminisuator. EnQineer Unless otherwise stated in the "Notice-to-Proceed," all duties and responsibilities assigned ro the ENGINEER u� the Contract Documents will be assumed by the Port of Everett or its designated representative, Reid Middleton, Inc. Liauidated Damae .� In naming the prices for completion of the work within the t'une specified it shall be understood and agreed the work shall be completed within that time. If, howover, said work is not completed within the time named in the Contract, or as extended in accordance wi:h Anicle 12 of the General Conditions, the PORT may deduct and retain as liquidated damages out of any sum then due or that may become due the CONTRACTUR at time of such delinquency, or later, the sum as set forth in paragraph 3.2 of the Agreement Form for each and every calendar day that the date of substantial completion of the Contract is delayed. In submitting a proposal and signing the Contract, the CONTRACI'OR thereby shall have agreed to these provisions and, furthemiore, that the sum deducted and retained is not a penalty but a reimbursement to the PORT for damages which the PORT will have sustained by reason of such delayed completion. Damages so Gquidated are understood to include the additionai cost to the PORT for engineering, interest charges, overhead, and the lilce. Amount due the PORT from the CONTRACfOR under the forogoing shall not in any degree release the CONTRACTOR from fiuther obGgations in respect to the fulfillment of the ent've contract, nor any right which the PORT may havo to clair,�, sue for, and recover compensation and damages for nonperformince or breach of the contract. Regorts o_ f Inve�ieations and To� A. General: Infomiation and data reflected in the Contract Documents with respect to underground conditions and facilities at or contiguous to the site is based upon information and data furnished to the PORT and the ENGINEER by owners of such underg;ound facilities or others, and the PORT does not assume responsibility for the accuracy or completeness thereof. � �'