Draft Exhibit B Milestones and Liquidated Dam.pdf
PDF 228 KB Posted
- Solicitation number
- PE-66062-NONST-2027-000000492
- Issued by
- Fulton County, Georgia
About this file
This is a contract milestone and liquidated damages exhibit for the Grove Park Recreation Center Replacement Project managed by the City of Atlanta's Department of Procurement on behalf of the Department of Parks and Recreation. The Design Build project requires the contractor to complete construction work following all necessary approvals and permitting, reopen each project phase according to an approved baseline schedule, achieve substantial completion within 540 calendar days from the Notice to Proceed, and achieve final completion within 570 calendar days from the Notice to Proceed. The contract establishes clear intermediate milestones tied to the phased construction approach outlined in approved phasing plans.
The contract establishes liquidated damages as compensation for contractor delays, with damages calculated at $500.00 per working day for failure to meet the Substantial Completion milestone and $1,000.00 per working day for failure to achieve Financial Completion. Liquidated damages become immediately due upon failure to achieve contract milestones and may be withheld from contractor payments, offset against other obligations, deducted from retainage, or drawn from letters of credit or performance securities. The parties acknowledge that liquidated damages represent fair compensation rather than penalties and do not relieve the contractor of its obligation to mitigate delays or improve progress toward established milestone dates. The application of liquidated damages does not restrict the City's other available rights and remedies under law or the contract.
View the file
Other files
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
EXHIBIT B
CONTRACT MILESTONES AND LIQUIDATED DAMAGES
A. Intermediate Milestones. Contractor shall complete the following intermediate milestones under this Contract:
NO. CONTRACT MILESTONES
1 Actual construction work starts after all approvals and permitting are complete
2 Contractor shall reopen each phase as per the approved baseline schedule and duration on the phasing plans
3 Contractor shall achieve project Substantial Completion on or before Five Hundred Forty (540) calendar days from Notice to Proceed
4 Contractor shall achieve final completion of the entire project on or before Five Hundred Seventy (570) calendar days from Notice to Proceed
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 Substantial Completion $500.00 per Working Day
2 Financial Completion $1,000.00 per Working 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 City at law or under this Contract.
https://www.lawinsider.com/clause/agreed-that https://www.lawinsider.com/clause/this-agreement
File details come from the government source that posted it. Updated .