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I <br /> CITY OF EVERETT PUBLIC WORKS 00 60 13 111SPECIAL PROVISIONS CONTRACT <br /> D. Liquidated Damages—Milestone 1. <br /> 1. If the Contractor does not meet Milestone 1 within time noted in paragraph 1.C.1.a, the <br /> City will suffer damages which are difficult to determine and accurately specify. <br /> Contractor agrees that if Milestone 1 is not attained within such time, Contractor shall <br /> pay $5,000 as liquidated damages for each and every additional hour required to <br /> complete Milestone 1. If the Contractor completes Milestone 1 in less time than stated in <br /> Section 01 10 00 - Summary, then the City agrees to pay to the Contractor, as an <br /> incentive, an amount of$7,500 per hour for each hour the shutdown period is reduced. <br /> Such incentive shall be limited to a maximum of two hours, or $15,000. The per hour <br /> damages or incentive shall be prorated to the closest 15-minute interval <br /> E. Liquidated Damages—Substantial and Physical Completion. <br /> 1. The parties agree the City will suffer damage and be put to additional expense in the <br /> 111 <br /> event that the Contractor does not complete the Work in all respects and have it ready for <br /> use by the Substantial and Physical Completion dates stated above. <br /> 2. Because it is difficult to accurately compute the amount of such costs and damages, the <br /> Contractor hereby covenants and agrees to pay to the City liquidated damages for each <br /> and every calendar day (or working day, if Contract Time is described in working days) <br /> in the amounts set forth in this Section. <br /> 3. For failure to achieve Substantial Completion by the Substantial Completion date stated <br /> above,the Contractor shall pay liquidated damages to the City computed at the daily rate <br /> of$5,000 per day multiplied by the number of days that it took the Contractor to achieve <br /> Substantial Completion that exceeded Contract Time. <br /> 4. Contractor understands that, if Physical Completion is not achieved by the Physical <br /> Completion Date stated in Paragraph C.3. above, City will suffer damages which are <br /> difficult to determine and accurately specify. Contractor agrees that, if Physical <br /> Completion is not so achieved, Contractor shall pay to City$1,000 per day, as liquidated <br /> damages for each day that Physical Completion is delayed. <br /> F. Contract Sum. �( <br /> 1. The amount of this Contract is I k-7) 990. <br /> 0. " 1 <br /> ($ ) and is based on the proposal/bid submitted by Contractor dated <br /> 2. The basis for final payment will be the actual amount of work performed according to the <br /> Contract Documents and payments, whether partial or final, shall be made as specified <br /> therein. <br /> a. If, and to the extent, payment (in whole or in part) is based upon unit prices <br /> multiplied by quantities of work actually performed, the total amount paid to the <br /> Contractor may be less than Contract Sum stated herein and the Contractor agrees <br /> to execute one or more change orders in such event. <br /> b. In no event shall the total amount paid Contractor exceed the Contract Sum stated <br /> herein, unless the Contract amount has first been increased by one or more Change <br /> Orders signed by the City. <br /> c. The City may, in its sole discretion, withhold amounts from payments otherwise <br /> due as offsets or backcharges for expenses, damages, liquidated damages or costs <br /> for which the Contractor is liable for not to exceed 10% of the total amount of the <br /> contract. <br /> THREE LAKES VALVE BYPASS July 19, 2017 <br /> WO#UP3611 00 60 13 -2 <br /> I <br />