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A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness <br />for final payment as stated in the Contract Documents are of the essence of the Contract. <br />B. The Contract Times shall extend from (a) the date of the OWNER's issuance of a Notice -to - <br />Proceed, to (b) the date corresponding to the number of calendar days — as identified on the <br />Bidder's Bid Form - by which date, the Work is to be (i) Substantially Completed by the and <br />(ii) also completed and ready for final payment are set forth in the Agreement. <br />4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment <br />A. The Work will be substantially completed on or before the 120th calendar day after the <br />date when the Contract Times commence to run as provided in paragraph 2.03 of the <br />General Conditions, and completed and ready for final payment in accordance with <br />paragraph 14.07 of the General Conditions on or before April 30, 2025. <br />B. If the Work is not completed on or before April 30, 2025: <br />a) the CONTRACTOR shall cease construction operations, demobilize equipment as <br />accepted by the OWNER, and remobilize equipment to resume construction on or <br />after November 1, 2025 — without additional cost to the OWNER; and <br />b) Contract Times would pause on April 30, 2025 and recommence to run on <br />November 1, 2025 to run no later than April 30, 2026, as provided in paragraph <br />2.03 of the General Conditions, and completed and ready for final payment in <br />accordance with paragraph 14.07 of the General Conditions. <br />4.03 Liquidated Damages <br />A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that <br />OWNER will suffer financial loss if the Work is not completed within the times specified in <br />paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of <br />the General Conditions. Liquidated damages will commence for this portion of work. The <br />parties also recognize the delays, expense, and difficulties involved in proving in a legal <br />proceeding the actual loss suffered by OWNER if the Work is not completed on time. <br />Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as <br />liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER <br />$3,756.00 for each calendar day that expires after the time specified in paragraph 4.02 for <br />Substantial Completion until the Work is substantially complete. After Substantial <br />Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work <br />within the Contract Time or any proper extension thereof granted by OWNER, <br />CONTRACTOR shall pay OWNER $3,756.00 for each calendar day that expires after the <br />time specified in paragraph 4.02 for completion and readiness for final payment until the <br />Work is completed and ready for final payment. <br />ARTICLE 5 - CONTRACT PRICE <br />5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the <br />Contract Documents, an amount in current funds equal to the sum of the amounts <br />determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: <br />A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. <br />B. THE CONTRACT SUM subject to additions and deductions provided in the <br />Contract: Numerical Amount: $6,676,566.80 <br />Agreement (Public Works) REV 04-07 - 00520 - 3 <br />FAPurchasinB\Bi&s 2024-2025 FY (2025000)\2025004 Sector Hurricanes Ian and Nicole Dune Restoration\Drafts\#1.0_DIV 0_1_13id and Contract Doc_20240801-flnal.docx <br />