|
5.4 Liquidated Damages.
<br /> 5.4.1 Substantial Completion. Design-Builder understands that, if all Substantial Completion
<br /> of all Work is not attained by the Scheduled Substantial Completion Date, Owner will suffer
<br /> damages which are difficult to determine and accurately specify. Design-Builder agrees that, if
<br /> Substantial Completion is not attained by such date, Designer-Builder shall pay five thousand
<br /> dollars ($5,000) as liquidated damages for each day that Substantial Completion extends beyond
<br /> such date.
<br /> 5.4.2 Final Completion. Design-Builder understands that, if Final Completion is not achieved
<br /> within 30 days after Substantial Completion of all Work, Owner will suffer damages which are
<br /> difficult to determine and accurately specify. Design-Builder agrees that, if Final Completion is
<br /> not achieved within 30 days after Substantial Completion, Design-Builder shall pay to Owner one
<br /> thousand Dollars ($1,000), as liquidated damages for each day that Final Completion is delayed
<br /> beyond such 30 days.
<br /> 5.4.3 Failure to Complete Work Before End of Clearwell Construction Season. In addition
<br /> to liquidated damages under Sections 5.4.1 and 5.4.2 above, Design-Builder understands that, if
<br /> Design-Builder has not substantially completed all Work related to the East Clearwell before the
<br /> end of the Clearwell Construction Season, Owner will suffer damages which are difficult to
<br /> determine and accurately specify. Design-Builder agrees that, if such Substantial Completion is
<br /> not attained before the end of the Clearwell Construction Season, Design-Builder shall pay five
<br /> thousand dollars ($5,000) as liquidated damages for each post-Clearwell Construction Season
<br /> day until such Substantial Completion is attained for the East Clearwell roof.
<br /> 5.5 Any liquidated damages assessed pursuant to this Contract shall be in lieu of all monetary liability
<br /> for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special
<br /> or consequential, and of whatsoever nature incurred by Owner which are caused by any delay in
<br /> achieving Substantial Completion or Final Completion, provided this limitation shall not apply to Design-
<br /> Builder's duty to indemnify the Owner or to warrant Design-Builder's Work as provided in this Contract
<br /> and shall not apply to any loss, damage, cost or liability incurred by Owner due to factors unrelated to
<br /> Design-Builder's delay.
<br /> Article 6
<br /> Contract Price
<br /> 6.1 Contract Price. Owner shall pay Design-Builder in accordance with Article 6 of the General
<br /> Conditions of Contract the sum of:
<br /> Three million twenty-two thousand one hundred
<br /> ninety-seven dollars and six cents. ($3,022,197.06) ("Contract Price"), subject to adjustments
<br /> made in accordance with the Contract Documents. Unless otherwise provided in the Contract
<br /> Documents, the Contract Price includes Washington State Sales Tax and all use, consumer, B&O,
<br /> income, and other taxes mandated by applicable legal requirements. By executing this Contract, Design-
<br /> Builder represents and acknowledges that the Contract Price is reasonable compensation for all the
<br /> Work, that the Contract Time is adequate for the performance of the Work, and that it has carefully
<br /> examined the Contract Documents and the Project Site and that it has satisfied itself as to the nature,
<br /> location, character, quality and quantity of the Work, the labor, materials, equipment, goods, supplies,
<br /> work, services and other items to be furnished and all other requirements of the Contract Documents, as
<br /> well as the surface conditions and other foreseeable matters that may be encountered at the Project Site
<br /> or affect performance of the Work or the cost or difficulty thereof, including but not limited to those
<br /> conditions and matters affecting: transportation, access, disposal, handling and storage of materials,
<br /> equipment and other items; availability of labor, water, electric power and utilities; drainage; availability
<br /> and condition of roads; normal climatic conditions and seasons; physical conditions at the Project Site
<br /> and the surrounding locality; topography; and equipment and facilities needed preliminary to and at all
<br /> times during the performance of the Work.
<br /> City of Everett—Contract Page 5
<br /> Between Owner and Design Builder—Lump Sum
<br /> East Clearwell Roof Replacement Project
<br />
|