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<br />RFP Pan Am Barge Removal – due 20 June 2014 Page 15 of 22 <br />Attachment B – Liquidated Damages Clause (Continued) <br /> <br />*NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL* <br /> <br />City and Contractor recognize that time is of the essence of this Agreement and it is agreed that <br />a delay will result in damage sustained by the City, and that it is and will be impracticable and <br />extremely difficult to ascertain and determine the actual damage which the City will sustain in <br />the event of and by reason of such delay. <br /> <br />Accordingly, City and Contractor agree that Contractor shall pay City Six Hundred ($600.00) for <br />each calendar day after the deadline specified for completion of all tasks within the Scope of <br />Work found in Attachment A (Scope of Work). The City may deduct any accrued liquidated <br />damages from any monies payable on account of services performed by the Contractor. <br /> <br />Liquidated damages for delay shall only cover and be in lieu of the actual damages suffered by <br />City as a result of delay referenced above. Liquidated damages shall not cover the cost of <br />completion of the work, damages resulting from defective work, cost of temporary <br />replacement facilities, damages suffered by others who then seek to recover their damages <br />from City (for example, delay claims of other contractors or subcontractors), and defense costs <br />thereof. <br /> <br />LIQUIDATED DAMAGES CLAUSE <br />One of the following statements must be acknowledged by the Proposer. The statement that <br />does not apply shall be crossed-out or otherwise marked to indicate it does not apply. <br /> <br />I hereby certify that I have read, understood, and agree to the proposed Liquidated Damages <br />clause included in this Attachment B, and agree to its inclusion in a contract awarded to my <br />firm. <br /> <br />____________________________________ ____________________________________ <br />SIGNATURE PRINT NAME <br /> <br />I hereby certify that I have read and understood the proposed Liquidated Damages clause <br />included in this Attachment B, but propose an alternative Liquidated Damages clause (enclosed) <br />for inclusion in a contract awarded to my firm. <br /> <br /> <br />____________________________________ ____________________________________ <br />SIGNATURE PRINT NAME <br /> <br />(Failure to include a proposed alternative Liquidated Damages clause may render a bid as <br />non-responsive). <br /> <br />7.1.D. - Page 26