Contract - American Avenue Sewer Repair - 2023-10-04DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
HGSD 2016 CIP A-2 Agreement
determine the actual damage which the DISTRICT will sustain in the event of and by reason of
such delay. It is therefore agreed the CONTRACTOR will pay to the DISTRICT the sum of two
hundred, fifty, and no/100 Dollars ($ 250.00) per working day for each and every day of delay in
finishing the work in excess of the number of days prescribed in Section 4, and the
CONTRACTOR agrees to pay said liquidated damages herein provided for and further agrees
that the DISTRICT may deduct the amount thereof from any monies due or that may become due
the CONTRACTOR hereunder. Liquidated damages shall be a measurement of the sum to
compensate the public for inconvenience from not having the work completed on time and the
cost of DISTRICT staff to monitor the job beyond the completion date. DISTRICT shall further be
entitled to recover its additional actual damages incurred which shall be supplemental to the
liquidated damages.
Provided strict compliance with Section 21 below is effected, the CONTRACTOR will be
granted an extension of time and will not be assessed with liquidated damages for any portion of
the delay in completion of the work beyond the time named herein due to unforeseeable causes
beyond the control and without the fault or negligence of the CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strike, and unsuitable weather, or delays of subcontractors due to such causes.
JOB PROGRESS AND COOPERATION
7. Job Progress. CONTRACTOR agrees to maintain a realistic critical path analysis
throughout the project. CONTRACTOR agrees to meet with DISTRICT’s PROJECT MANAGER
or designee on a weekly or other periodic basis, or as requested by DISTRICT to review job
progress. “PROJECT MANAGER” for purposes of this AGREEMENT shall be the District
Engineer or such designee as has been given the authority for this PROJECT in a written
designation. CONTRACTOR agrees to provide DISTRICT with critical path analysis
documentation whenever job progress is impacted so that the completion date may be affected
or whenever delays or other impacts may give rise to CONTRACTOR’s claim for additional days
or additional damages. Delay and other claims of damages based on CONTRACTOR’s planned
early completion are prohibited.
8. Cooperation. CONTRACTOR agrees to cooperate with DISTRICT’s PROJECT
MANAGER or designee and to provide submittals and participate in meetings in a good faith effort
to complete the PROJECT. If disagreements arise, CONTRACTOR agrees to document the
disagreement in accordance with these AGREEMENT provisions and provide DISTRICT with
early notice of the same for later resolution but shall continue to cooperate and prosecute the
work to completion in a diligent manner. Nothing herein shall excuse CONTRACTOR’s strict
compliance with Section 21 if additional time or money is sought.
9. CONTRACTOR’s Independent Investigation.
(a) No plea of ignorance of conditions that exist or that may hereafter exist, or of
conditions or difficulties that may be encountered in the execution of the work under this
AGREEMENT, as a result of failure to make the necessary independent examinations and
investigations and no plea of reliance on initial investigations or reports prepared by DISTRICT
for purposes of letting this AGREEMENT out to bid will be accepted as an excuse for any failure
or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said
AGREEMENT, specifications, and plans, nor will such reasons be accepted as a basis for any
claims whatsoever for extra compensation or for an extension of time except as provided in
Section 21 of this AGREEMENT.
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7
DocuSign Envelope ID: C3BA90D6-D087-40C4-B065-B1177C4F5DE7