EXHIBIT C - LIQUIDATED DAMAGES.pdf

PDF 157 KB Posted

Attached to
Metro C/K Line Mainline Fastener Replacement
Solicitation number
OP138405
Issued by
California

About this file

This is an Exhibit C document detailing liquidated damages provisions for a state or local construction or service contract. The exhibit establishes financial penalties applicable when the Contractor's work interferes with, prevents, or impacts revenue service operations, provided such interference was reasonably preventable. The liquidated damages clause does not apply to delays or service impacts caused by the Contractor when those impacts result from circumstances beyond the Contractor's control. The specified liquidated damages amount is $1,643 per hour per calendar day for each hour that work creates interference with revenue service.

This liquidated damages structure is designed to protect the contracting agency by establishing pre-determined compensation for service disruptions during contract performance. The hourly rate of $1,643 reflects the estimated value of lost revenue service during periods of interference and serves as the agreed-upon measure of damages rather than requiring proof of actual losses. The inclusion of the "reasonably preventable" standard and the exclusion for uncontrollable circumstances indicates an intent to allocate risk fairly between the agency and the Contractor while incentivizing careful project planning and execution.

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Text version

EXHIBIT C — LIQUIDATED DAMAGES*

No. Description Liquidated Damages

Amount

1.

Liquidated Damages shall apply for each hour per calendar day that the Contractor’s work interferes, prevents, or impacts revenue service, and such interference was reasonably preventable. Liquidated Damages shall not apply where there are delays or impacts to revenue service caused by the Contractor but that were outside the Contractor’s control.

$1,643 per hour, per day

File details come from the government source that posted it. Updated .