DOUGHERTY+DOUGHERTY ARCHITECTS, LLP 1C -2005

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Manager shall assure that each Construction Contract provides that warranties called for by the Project Documents shall commence on the date of Substantial Completion of the Project. This date shall be established by a certificate of Substantial Completion ("Certificate") signed by the appropriate Contractor, the Program Manager and the City. The City and the Program Manager shall prepare an addendum to the Certificate stating their respective responsibilities for security, maintenance, heat, utilities, changes to the work and insurance. The Certificate shall also list the items to be completed or corrected and establish the time for the completion and correction. 5.2 If the Program Manager or any Contractor is delayed at any time in the progress of the Project by any act or neglect of the City, by any separate contractor or agent employed by the City or by changes ordered in the Project, or by labor disputes, fire, act of war, unusual delay in transportation, adverse weather condition not reasonably anticipated, unavoidable casualties, or any causes beyond the Program Manager's control, or a delay authorized by the City pending settlement of a dispute ("Permissible Delay"), then the date for substantial completion shall be extended by change order for the period caused by such Permissible Delay. In the event of a delay other than a Permissible Delay, damage will be sustained by the City in amounts impracticable to quantify. It is thus agreed that the City shall receive the sum of $650.00 per day as liquated damages for each and every calendar day's delay in finishing the work following the Completion Date. If the delay is due to the fault of Program Manager, then the cost responsibility for such delay shall be borne by Program Manager. If the delay is caused by any Contractor, Program Manager shall have the authority and responsibility to collect said sums from the delaying parties and pay them over to the City. Program Manager shall be financially responsible for the failure of any Contractor to pay said delay fees. If Program Manager fails to pay or collect such liquidation damages, the City may deduct the amount thereof from any money due or that may become due Program Manager under this Agreement. CONCEALED OR UNKNOWN CONDITIONS PROJECT 1, 2 & 3 6.1 If conditions are encountered at the site which are (a) subsurface or otherwise concealed physical conditions which are at variance with those indicated in the Project Documents or (b) unknown physical conditions of an unusual nature which differ materially than those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Project Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The appropriate Contractor will promptly investigate such conditions and notify the City and Program Manager of any anticipated increase in the cost of or time to complete the Project. Upon such notification, Program Manager will cause the affected Contractors to be notified and to prepare change orders to their Construction Contracts to reflect such additional expense and/or time. Such change order shall be processed under the guidelines set forth in Article 9 below. If the increases in Project cost causes the Project Budget to exceed the authorized amount, the City shall either (i) instruct Program Manager to cause the re -design of the Project or a component thereof, or modify the