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Agmt98 CMS Construction
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Agmt98 CMS Construction
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Last modified
7/5/2005 3:00:07 PM
Creation date
5/20/2005 2:35:39 PM
Metadata
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Template:
Agreement
Contractor Name
CMS Construction
PROJECT NAME
561-563 Douglas Avenue improvement
RMP File Number
304
Date
3/9/1998
Reso Ref
13410
Box
5933
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<br />and will be impracticable and extremely difficult to ascertain and determine the <br /> <br />actual damage which the City will sustain in event of and by reason of such delay; <br /> <br />it is therefore agreed Contractor'will pay to City the sum calculated at the rate of <br /> <br />.' <br /> <br />Five hundred dollars (5500.00) per day as liquidated damages for each and every <br /> <br />day's delay in finishing the work in excess of the number of working days <br /> <br />prescribed, and Contractor agrees to pay said liquidated damages as herein <br /> <br />provided, and in case the same are not paid, agrees that City may deduct the <br /> <br />amount thereof from any monies due or that may become due under this <br /> <br />Agreement. <br /> <br />It is further agreed that in case the work called for under this Agreement <br /> <br />is not completed in all of its parts and requirements within the number of calendar <br /> <br />days specified, City shall have the right to increase the number of working days or <br /> <br />not, as may seem best to serve the interest of City; and if it is decided to increase <br /> <br />the said number of working days, City shall further have the right to charge to <br /> <br />Contractor, and deduct from the final payment for the work, all or any part. as City <br /> <br />may deem proper, of the actual cost of engineering, inspection, superintendence, <br /> <br />and other overhead expenses of City which are directly chargeable to this <br /> <br />Agreement, except that the cost of final surveys and the preparation of the final <br /> <br />estimate shall not be included in such charges to be paid by Contractor. <br /> <br />9. <br /> <br />Except as otherwise may be provided herein, Contractor hereby <br /> <br />expressly guarantees for one (1) full year from the date of the final completion of <br /> <br />the work under this Agreement and acceptance thereof by City's City Council, to <br /> <br />repair or replace any part of the work performed hereunder which constitutes a <br /> <br />defect resulting from the use of inferior or defective materials, equipment or <br /> <br />11 <br />
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