2400 33RD ST CONTRACT AGREEMENT 2016-01-01 MF Import

eerformed in accordance with the requirements set forth in the Contract. Release tu the Contractor of anv portion of ihe retainaqe withheld bv Sound Transit under Chaoter 60.28 RCW shail not relieve the Contractor of its responsibilities and liabilities for liens and claims dulV filed and ro� secu;ed under aoplicable Washinaton State law. In consideration of Sound lransit releasinq anv portion of the retainaqe withheld bv Sound Transit under Chapter 60.28 RCW on account of satisfactoriiv comoletion of work bv one or more Subcontractors the Contractor shall defend, SP-10.02 DELAYS Section 10.02 of the General Provisions is modified as fol!ows: Replace paragraph A, Liquidated Damages, of Section 10.02, Delays, with the following: A. Liquidated Damages Liquidated damages will be assessed for each and every day that any portion of the work remains incomplete after the designated Contract Time, and for each and every d3y any designated portion of the Work remains incomplete after the corresponding specified Contract milestone or interim completion date as provided in the Special Provisions Section S?-6.01. Because of the difficulty in computing the actual material loss and damages to Sound Transit, it is determined in adrance and agreed by the parties hereto that the Contractor will pay Sound Transit the amount(s) set fortlr below for each day of delay as representing a reasonable forecast of the actual damages that Sound Transit will suffer by the failure of the Contractor to complele such Work, or poRion thereof, within said time(s). The execution of this Contract shall constitute acknowledgement by the Contractor that it has ascertained and agreed that Sound Transit will actually suffer damages in the amount herein fixed for each and every day during which the completion of the Work or portions thereof is avoidably delayed beyond the specified time(s). 2. Sound Transit will sustain damages as a result of the Contractor's failure to complete the Contract within the designated Contract time. These damages may include, but are not necessarily limited to the following: a. Delays in completion and operation of Sound Transit's Everett Facility. b. Increased costs Transit functions Project; and of Contract administration and other Sound related to the design and construction of the c. Cost resulting from delays to interfacing Contractors. d. For delay as specified herein, the Contractor shall pay to Sound Transit, as liquidated damages and not as a penalty, $3,500.00 for each calendar day of delay or any fraclion thereof. Capital Projects Commuler Rail Special Provisions IFB No. RTA/CP 21-06 � Everett Station Phase 2 Section 00300 Page 9 Addendum No. 4