23A - PROJ - WATER MAIN IMPROVEMENTS

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CITY OF SANTA ANA SPECIFICATIONS 6 -9 LIQUIDATED DAMAGES The provisions of this subsection apply except as herein modified: It is agreed by the parties that if the improvements are not completed by the time prescribed to complete the work, City and Contractor agree that Contractor will pay to City, not as a penalty, but as predetermined liquidated damages, the sum specified in the Bid Proposal for each and every working day's delay beyond the time prescribed to complete the work. Similarly, it is further agreed that in if signal operations, road striping, and signing are not coordinated or traffic lanes are not kept open for public use, on the days, at the times, and in the manner specified in the Contract Documents and the City approved traffic control plans, City and Contractor agree that Contractor will pay to City, not as a penalty, but as predetermined damages, the sum specified in the Technical Provision. This predetermined damage may also apply to other work stoppage or inconvenience caused by the contractor. (a) Contractor fails to keep open any traffic lane for public use as required by these Special Provisions and the City approved traffic control plans; (b) Contractor fails to temporary stripe the roadway prior to opening up the roadway for normal vehicular travel immediately following resurfacing; (c) Contractor fails to permanently re- stripe the roadway and remove any conflicting striping or delineation within seven (7) calendar days following resurfacing of that section of roadway; (d) Contractor fails to remove signs which conflict with new striping or fails to install signs required by the Contract Documents which are necessary for safe traffic movement; and /or (e) Contractor fails to turn on or coordinate modification to existing signal operations as required by these Special Provisions and the City approved traffic control plans. Contractor agrees to pay such liquidated damages, and in case the same are not paid, Contractor agrees that the Agency may deduct the amount thereof from any money due or that may become due the Contractor under the contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the Agency shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contract, his heirs, assigns or sureties; and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension. S -6b 23A -70