_Contract Milestones and Liquidated Damages.pdf
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- Attached to
- Pre-Advertisement Notice for Airfield Repairs
- Solicitation number
- PE-66062-NONST-2026-000000348
- Issued by
- Fulton County, Atlanta City, Georgia
About this file
This is an Exhibit detailing Contract Milestones and Liquidated Damages for an Airfield Repairs project scheduled for 2024-2026. The contract establishes six primary intermediate milestones that the contractor must achieve, including obtaining all mandatory pre-construction submittals and permits within sixty calendar days, completing substantial completion of trench drain repairs at Ramps 6N and 6S by October 15th annually, securing concrete test-pour and mix design approval thirty days prior to the first phase of concrete placement, reopening phases according to approved baseline schedules, achieving substantial completion of the entire project within 790 calendar days from the Notice to Proceed, and obtaining final acceptance within 180 calendar days of substantial completion. The contractor is also responsible for managing multiple overnight closures and reopenings of taxiway, runway, and aircraft apron or gate facilities per the approved phasing plans.
The contract imposes liquidated damages for failure to meet specified milestones, with varying penalty amounts depending on the specific milestone. Daily penalties include $3,000 per calendar day for delays in concrete test-pour approval and for failure to achieve overall project substantial completion, $500 per calendar day for delays in final acceptance, and $100 per minute for failures to reopen taxiway, runway, aircraft aprons, or gates on schedule following overnight closures. The liquidated damages are applied immediately upon milestone failure, with the City entitled to withhold payments, offset obligations, deduct from retainage, or draw down on letters of credit and performance securities to recover amounts due. The application of liquidated damages does not relieve the contractor of its obligation to complete work or achieve milestones, nor does it restrict the City's other remedies available under law or contract.
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Text version
EXHIBIT A.3
CONTRACT MILESTONES AND LIQUIDATED DAMAGES
A. Intermediate Milestones. Contractor shall complete the following intermediate milestones under this
Contract:
NO. CONTRACT MILESTONES
1 The Contractor shall gain approvals of all mandatory pre-construction submittals and permits within the Sixty (60) calendar day Admin period, prior to commencing phased work in the field.
2 The Contractor shall achieve Substantial Completion of trench drain repairs at Ramps 6N and 6S no later than October 15th of each contract year.
3 Concrete test-pour and mix design approval shall be accomplished no later than 30 days prior to start of first phase of concrete placement.
4 The Contractor shall reopen phases after multi-day closures as per the approved baseline schedule and durations on the phasing plans.
5 The Contractor shall achieve Substantial Completion of the entire project on or before Seven Hundred and Ninety (790) calendar days from Notice to Proceed.
6 The Contractor shall achieve Final Acceptance within One Hundred Eighty
(180) calendar days from the date of Substantial Completion of the entire project.
B. Liquidated Damages. The parties hereby agree that, with certainty and in good faith, liquidated damages applicable to this agreement. The parties agree that the Liquidated Damages, as set forth below, are estimated as fair compensation. It is expressly agreed that Liquidated Damages payable under this Agreement do not constitute a penalty. If Contractor fails to deliver the equipment or materials or perform the services within the times specified in this Contract for the established Milestones & Substantial Completion, or any extensions granted in writing, the Contractor shall pay to City as fixed, agreed, and Liquidated Damages for each calendar day of delay the sum(s) specified below, which amounts shall be independently calculated as follows:
NO. BASE BID CONTRACT MILESTONES LIQUIDATED DAMAGES
1 Concrete test-pour and mix design approval shall be accomplished no later than 30 days prior to start of first phase of concrete placement.
Three Thousand Dollars and Zero Cents ($3000.00) per Calendar Day
2 The Contractor shall reopen phases after multi-day closure as per the approved baseline schedule.
One Hundred Dollars and Zero Cents ($100.00) per minute
3 Failure to re-open Taxiway on time after overnight closure.
One Hundred Dollars and Zero Cents ($100.00) per minute
4 Failure to re-open Runway on time after overnight closure.
One Hundred Dollars and Zero Cents ($100.00) per minute
5 Failure to re-open aircraft Aprons or Gates on time after overnight closure.
One Hundred Dollars and Zero Cents ($100.00) per minute
6 The Contractor shall achieve Substantial Completion of the entire project on or before Seven Hundred and Ninety (790) calendar days from Notice to Proceed.
Three Thousand Dollars and Zero Cents ($3000.00) per Calendar Day https://www.lawinsider.com/clause/agreed-that https://www.lawinsider.com/clause/this-agreement
Airfield Repairs 2024-2026 Page 2 of 2 Exhibit “A.3” Milestones and Liquidated Damages
7 The Contractor shall achieve Final Acceptance within One Hundred Eighty (180) calendar days from the date of Substantial Completion of the entire project.
Five Hundred Dollars and Zero Cents ($500.00) per Calendar Day
1. Application of Liquidated Damages not a Change. The application of Liquidated Damages shall not effect a change in the Contract milestone or relieve Contractor of its obligation to improve its progress, to achieve, or to mitigate the failure to achieve, the Contract Milestone date or stated area reopening.
2. Payment of Liquidated Damages. Payments of Liquidated Damages shall become due immediately upon failure to achieve Contract milestones. City shall be entitled to withhold from payments due, offset against other obligations, deduct from retainage, and draw down on letter(s) of credit or performance securities any and all Liquidated Damages due from Contractor.
3. No Restriction of Rights and Remedies. Nothing in this Clause shall operate to restrict any other rights and remedies available to the City at law or under this Contract.
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