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. � B. Liquidated Damaqes <br /> 1. City and Contractor recognize that time is of the essence of this Agreement <br /> and that City will suffer financial loss in the forrn of lost revenues, contract <br /> administration expenses (including project management and consultants' <br /> expenses), delay and loss of public use, if the Work is not completed within <br /> the time specified in paragraph IILA.1 above pfus any extensions thereof <br /> allowed in accordance with the Contract documents. Consistent with <br /> Document 00700 {General Conditions), Gontractor and City agree that <br /> because of the nature of the Project, it would be impracticai or extremely <br /> difficult to fix the amount of actual damages incurred by City because of a delay <br /> in completion of the Wark. <br /> 2. Accordingly, City and Contractor agree that Contractor shail pay City five <br /> hundred and No/100 dollars {$5Q0.00) for each Day that expires after the <br /> time specified in Paragraph IIi.A.1 of this Document 00520 far Contractor to <br /> achieve Substantial Completion, until such date as contracfor achieves <br /> Substantial Completion. <br /> C. Liquidated damages for delay shall only cover and be in lieu of the actual damages <br /> suffered by City as a result of delay referenced aboue. Liquidated damages shall not <br /> coverthe cost of completion of the Work,damages resulting from defective work, cost <br /> of temporary rep)acement facilities, damages suffered by others who then seek to <br /> recover their damages from City (for example, delay claims of other contractors or <br /> subcantractors), and defense costs thereof. <br /> IV. CITY'S ENGINEER AiVD REPRESENTATfVES <br /> Reserved <br /> V. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES <br /> In order ta induce City to enter into this Agreernent, Contractor makes the following <br /> representations and warranties: <br /> A. Contractor has visited the Site and has examined thoroughly and understood the <br /> nature and extent of the Work, Site, locality, actual conditions, as built conditions, and <br /> all local conditions and federal, state and local laws and regulations that in any <br /> manner may affect cost, progress, performance or furnishing of Work or which retate <br /> to any aspect of the design and the means, methods, techniques, sequences or <br /> procedures of construction to be employed by Contractor and safety precautions and <br /> programs incident thereto. <br /> B. Contractor has examined thoroughly and understood all reports of exploration and <br /> tests of subsurface conditions, drawings or reports, availabCe for design and <br /> construction purposes, of physical conditions, or which may be apparent at the Site <br /> and accepts the determination set forth in these documents and Document 00700 <br /> (General Conditions) of the limited extent of the information contained in these <br /> documents upon which the Contractor may be entitled to rely. Contractor agrees that <br /> except for the information so identified, Gontractor does not and shall not rely an any <br /> other information contained in these Sections. <br /> C. Contractor has considered the physical conditions at or contiguous to the Site or <br /> otherwise which may affect the cost, progress, pertormance or furnishing of Work, as <br /> Contractor considers necessary for the pertarmance or furnishing of Work at the <br /> Contract Sum, within the Contract Time and in accordance with the other terms and <br /> conditions of Contract documents, including specifica(ly the provisions of the General <br /> Conditions. <br /> AGREEMENT <br /> SANITARY SEWER PUMP STATION IMPROVEMENTS PRO,lECT <br /> MAR(NA P.S., P.S. NO. 17 AND P.S. NO. 19 <br /> _. __ __ . <br />