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3. Sound Transit may deduct assessed liquidated damages from a�y <br />monies due or that may become due the Contractor under the Contract. <br />If such deducted monies are insufficient to recover the iiquidated <br />damages owing, the Contractor or the Contractor's surety or sureties shall <br />pay to Sound Transit any deficiency within 30 days after completion of the <br />Work. <br />4. Where liquidated damages for contractor-caused delays are applicable, <br />Sound Transit shall not seek actual damages for delay; however, to the <br />extent liquidated damages are not applicable, Sound Transit reserves all <br />other rights and remedies providea by law or under this Contract. <br />Amend Section 10.02 Delavs. bv appendinq the foilowinq paraqraphs: <br />C. Avoidable Delavs <br />1. Avoidable delavs in the prosecution of the Work shall include delavs that <br />Subcontractors, or its Suopliers at anv tier. Examples of avoidable delavs <br />include, but are not limited to: <br />a. Delavs ihat mav in theriselves be unae��idable but do not <br />necessarilv prevent or delav the prosecution of parts of the Work <br />or the completion of the Work within the Contract Time (e.a.. fit <br />within the Float time shown on the Construction Schedule(s).) <br />b. Time associated with the reasonabie acti�rities of Seund Transit. <br />third partv stakeholders or other contractors emploved bv Sound <br />Transit that do not necessarilv prevent the comoletion of the <br />Contracl within the Contract Time. <br />c Delavs that mav in themselves be unavoidable, but which do not <br />affect anv Critical Path activitv on the acceoted Construction <br />Schedule(s). <br />d Strikes normal weather conditions mechanical breakdown, <br />equipment failure, ar�d acts of nealiqence bV the Contrar,tor's <br />forces inciudinq Subcontractors and Supqliers. <br />e. Delavs in the qrosecution of the V��ork due to: <br />{� The Contractor's failure to provide sufficient resources, <br />includinq, but not limited to: personnel, equiAment. <br />material or olant; <br />(2) The Contraclor's failure to submit required work products <br />in a timelv manner; <br />(3) The Contractor's ;ailure to procure and/or deliver materials <br />and/or equinment in a timelv manner. <br />2 If requested bv the Contractor in writinq and with adequate substantiatinq <br />facts and supportinq data, Sound Transit mav in its sole discretion, qrant f% <br />Capital Projecis Commuter Rail Special Provisions IFB No. RTA/CP 21-06 <br />� Everell Slalion Phase 2 Seclion 00300 Page 10 Addendum No. 4 <br />