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06-26-23-R
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06-26-23-R
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Arden Manor Park and Floral Park Improvements AGREEMENT <br />20-PARK-003; 22-PARK-001 2 of 5 <br />surfacing may take place in Spring of 2024. Final completion for this work must take place prior to <br />May 15, 2024. <br />4.02 All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final <br />payment as stated in the Contract Documents are of the essence of the Contract. <br />4.03 Liquidated Damages: Contractor and Owner recognize that time is of the essence as stated above <br />and that Owner will suffer financial and other losses if the Work is not completed and Milestones <br />not achieved within the times specified in Paragraph 3.01 above, plus any extensions thereof <br />allowed in accordance with the Contract. The parties also recognize that delays, expense, and <br />difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner <br />if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and <br />Contractor agree that as liquidated damages for delay, but not as a penalty; <br />A. Substantial Completion: Contractor shall pay Owner $200.00 for each day that expires after <br />the time specified in Paragraph 3.01 above for Substantial Completion until the Work is <br />substantially complete, as duly adjusted pursuant to the Contract. <br />B. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, <br />refuse, or fail to complete the remaining Work within the Contract Time for completion and <br />readiness for final payment, as duly adjusted pursuant to the Contract, Contractor shall pay <br />Owner $300.00 for each day that expires after such time until the Work is completed and ready <br />for final payment. <br />C. Liquidated damages for failing to timely attain Substantial Completion and final completion are <br />not additive and will not be imposed concurrently. <br />ARTICLE 4 – CONTRACT PRICES <br />4.01 <br />4.02 <br />4.03 <br />4.04 <br />The Owner shall pay the Contractor for the performance of this Agreement according to the <br />schedule of approximate quantities and unit prices as set out in the Contract Documents <br />submitted by the Contractor on June 5. 2023, the aggregate of which is estimated to be <br />$816,523.35. <br />The Contract shall include Schedule A items as provided on the Proposal Form. <br />Payment is based an amount equal to the sum of the extended prices, established for each <br />separately identified item of Unit Price Work by multiplying the unit price times the actual quantity <br />of that item completed and accepted by the Engineer. <br />The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are <br />based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, <br />estimated quantities are not guaranteed, and determination of actual quantities and classifications <br />are to be made by the Engineer. <br />ARTICLE 5 – PAYMENT PROCEDURES <br />5.01 Progress Payments: Owner shall make progress payments on account of the Contract Price on <br />the basis of Contractor’s Applications for Payment on or about the 10th day of each month during <br />performance of the Work as provided in Paragraph 5.02 below, provided that such Applications for <br />Payment have been submitted in a timely manner and otherwise meet the requirements of the <br />Contract. All such payments will be measured by the Schedule of Values established as provided <br />in the General Conditions (and in the case of Unit Price Work based on the number of units <br />completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. <br />5.02 Retainage: Prior to Substantial Completion, progress payments will be made in an amount equal <br />to the percentage indicated below but, in each case, less the aggregate of payments previously <br />made and less such amounts as Owner may withhold, including but not limited to liquidated <br />damages, in accordance with the Contract. <br />A. Ninety five (95) percent of Work completed (with the balance being retainage). If the Work has <br />been 50 percent completed as determined by Engineer, and if the character and progress of <br />the Work has been satisfactory to Owner and Engineer, then as long as the character and
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