05-28-1985 Council Packet - Laserfiche WebLink

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3.9 LIQUIDATED DAMAr,FS 3,9,1 Time is the essence of the contract, The Contractor thereby agrees that the Owner will he entitled to liquidated damages for failure on the part of the Contractor to complete the Work within the time limits provided for in the Contract Documents. 3.9.2 Should the Contrart:)r fail to complete the project on or before the specified date, liquidated damages in the amount specified in the Special Pro- visions shall be deducted from any monies due or coming due to the Contractor or shall be paid to the Owner not as a penalty but as liquidated damages for each and every calendar day that the contract shall remain uncompleted after the specified date for Completion. Liquidated damages are specified herein because of the extreme difficulty of ascertaining and establishing the actual damages which the Owner would sustain. SECTION 4 CONTRACT DOCUMENTS: INTENT AND REUSE 4.1 INTENT OF CONTRACT DOCUMENTS 4.1.1 The Contract Documents comprise the entire Agreement between Owner and Contractor concerning the Work. They may be altered only by a written Change Order. 4.1.2 The Contract Documents are complementary; what is called for by one is binding as if called for by all. If, during the performance of the Work, the Contractor finds a conflict, ambiguity or discrepancy in the Contract Docu- ments, he shall report it to engineer in writing at once and before proceeding with the W(.:k affected thereby; however, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, ambiguity or discrepancy in the Contract Documents unless Contractor had actual. knowledge thereof or should reasonably have known thereof. 4.1.3 It is the intent of the Specifications and Drawings to describe a com- plete project (or part thereof) to he constructed in accordance with the Con- tract Documents. Any Work that may reasonably be inferred from the Sperifi�.s tions or Drawings as being required to produce the intended re@•It shall be supplied whether or not is is specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, s,rch words shall be interpreted in accordance 1,rith such meaning. Reference to standard specifications, mamials or codes of any technical society, organization or assoc.ation, or to the coie )f any governmental authority, whether ouch reference he specific or by ;mpiir-ation, @hall mean the latest standard specification, manual cr code in 4f•ct at the tine of opening of Bide (or, on the effective date of the Agr.>emertt if there were no Bids), except as may be otherwise specifically stated. Himever, no provision of any referenced standard specification, manual or code (whether or not spec- ificall. incorporated by reference in the Contract Documents) shall change the 4 1 /A5 - R5(t5h Copyright 149i Bonestroo, R7sene, And.-rlik S Asgv istea, Ion..