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Bid Number: 2025007 <br />Project Address: 1600 21 St. Vero Beach, FL 32960 <br />1001 Sebastian Blvd. Sebastian, FL 32958 <br />ARTICLE 3 - ENGINEER <br />3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and <br />will act as OWNER's representative, assume all duties and responsibilities, and have the <br />rights and authority assigned to ENGINEER in the Contract Documents in connection with <br />the completion of the Work in accordance with the Contract Documents. <br />ARTICLE 4 - CONTRACT TIMES <br />4.01 Time of the Essence <br />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 />4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment <br />A. The Work will be substantially completed on or before the 150th calendar day after the date <br />when the Contract Times commence to run as provided in paragraph 2.03 of the General <br />Conditions, and completed and ready for final payment in accordance with paragraph 14.07 <br />of the General Conditions on or before the 180th calendar day after the date when the <br />Contract Times commence to run. <br />4.03 Liquidated Da s L <br />A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and <br />that OWNER will suffer financial loss if the Work is not completed within the times specified <br />in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 <br />of 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 <br />as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER <br />$1,699.001 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 $1,699.001 for each calendar day that expires after the <br />1 Reference for liquidated damages amount "Standard Specifications for Road & Bridge Construction, Florida Department of <br />Transportation (FDOT) FY 2023-24, Section 8-10.2 for projects over $50,000 but less than $250,000. THE ACTUAL LIQUIDATED <br />DAMAGES AMOUNT WILL BE BASED ON THE CONTRACT AMOUNT AWARD AMOUNT AND WILL BE DETERMINED USING <br />THE REFERENCED FDOT CRITERIA. <br />C:\Granicus\Legistar5\L5\Temp\8699e5d5-6c61-4913-909b-8cb67e6055db.docx <br />67 <br />