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These measures of liquidated damages shall apply cumulatively and, except as provided below, shall be
<br />presumed to be the damages suffered by City resulting from delay in completion of the Work.
<br />Liquidated damages for delay shall only cover substitute facilities, administrative costs, overhead, interest
<br />on bonds, lost revenues and general loss of public use damages suffered by City as a result of delay.
<br />Liquidated damages shall not cover the cost of completion of extended Construction Management Service,
<br />additional A/E Services, the Work, damages resulting from defective work, or damages suffered by others
<br />who then seek to recover their damages from City (for example, delay claims of other contractors,
<br />subcontractors, tenants, or other third-parties), and defense costs thereof.
<br />7. Contract Price
<br />City shall pay Contractor the Contract Sum of Four Million Five Hundred Eighty-eight thousand Six
<br />Hundred fifty dollars $4,588,650.
<br />The Contract Sum above includes within its amount the following allowances that the City may or may not
<br />authorize, and to the extent unspent, shall revert to the City: None
<br />8. Contractor's Representations
<br />Contractor makes the following representations and warranties:
<br />A) Contractor has visited the Site and has examined thoroughly and understood the nature and extent
<br />of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions of the Site, and
<br />all local conditions, federal, state and local laws and regulations that in any manner may affect cost,
<br />progress, performance or furnishing of Work or which relate to any aspect of the means, methods,
<br />techniques, sequences or procedures of construction to be employed by Contractor and safety
<br />precautions and programs incident thereto.
<br />B) Contractor has examined thoroughly and understood all reports of exploration and tests of
<br />subsurface conditions, as-built drawings, drawings or reports, etc. made available by City for
<br />Bidding purposes, of physical conditions.
<br />C) Contractor has conducted or obtained and has understood all such examinations, investigations,
<br />explorations, tests, reports and studies (in addition to or to supplement those referred to in Article 8-
<br />Babove) that pertain to the subsurface conditions, as-built conditions, Underground Facilities and
<br />all other physical conditions at or contiguous to the Site or otherwise that may affect the cost,
<br />progress, performance or furnishing of Work, as Contractor considers necessary for the performance
<br />or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the
<br />other terms and conditions of the Contract Documents, including specifically the provisions of the
<br />General Conditions; and no additional examinations, investigations, explorations, tests, reports,
<br />studies or similar information or data are or will be required by Contractor for such purposes.
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<br />AGREEMENT
<br />ALVISO ADOBE COMMUNITY PARK
<br />CIP No. 987025
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