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SECTION 00 52 00 <br />AGREEMENT <br />THIS AGREEMENT is made and entered into this day of October in the year 2017 by and <br />between: <br />CITY OF LOUISVILLE, COLORADO <br />(hereinafter called OWNER) <br />and <br />"Colorado Mechanical Systems Inc." <br />(hereinafter called CONTRACTOR) <br />OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree <br />as follows. <br />ARTICLE 1. WORK <br />CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The <br />Work is generally described as follows: <br />PROJECT: HVAC IMPROVEMENTS FOR HOWARD BERRY WTP <br />OWNERS PROJECT NUMBER: 501-499-660230 <br />ARTICLE 2. CONTRACT TIMES <br />2.1 The CONTRACTOR shall complete all of the Improvement work within 60 Contract Days <br />after the date when the Contract Time commences to run. The Contract Times shall <br />commence to run on the day indicated in the Notice to Proceed. <br />2.2 LIQUIDATED DAMAGES. The OWNER and the CONTRACTOR agree and recognize that <br />time is of the essence in this contract and that the OWNER will suffer financial loss if the <br />Work is not substantially complete by the date specified in paragraph 2.1 above, plus any <br />extensions thereof allowed in accordance with the Article 12 of the General Conditions. <br />OWNER and CONTRACTOR also agree that such damages are uncertain in amount and <br />difficult to measure accurately. Accordingly, the OWNER and CONTRACTOR agree that as <br />liquidated damages, and not as a penalty, for delay in performance the CONTRACTOR shall <br />pay the OWNER ONE THOUSAND DOLLARS ($1,000) for each and every Contract Day <br />and portion thereof that expires after the time specified above for substantial completion of <br />the Work until the same is finally complete and ready for final payment. The liquidated <br />damages herein specified shall only apply to the CONTRACTOR's delay in performance, <br />and shall not include litigation or attorneys' fees incurred by the OWNER, or other incidental <br />or consequential damages suffered by the OWNER due to the CONTRACTOR's <br />performance. If the OWNER charges liquidated damages to the CONTRACTOR, this shall <br />not preclude the OWNER from commencing an action against the CONTRACTOR for other <br />actual harm resulting from the CONTRACTOR's performance, which is not due to the <br />CONTRACTOR's delay in performance. <br />CITY OF LOUISVILLE <br />HVAC IMPROVEMENTS FOR HBWTP <br />13 <br />005200-1 <br />AGREEMENT <br />