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<br /> <br />Lift Station 5 Forcemain Replacement AGREEMENT <br />City Project PW-0102 2 of 5 <br />3.02 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 />3.02.1 Milestones – Reference Plan Sheet G2.01 to understand the Phases described in <br />the Milestones <br />3.02.1.1 Milestone 1: Phase 1 – Lift Station work must be completed within 30 days of <br />completion of Milestones 2 and 3 <br />3.02.1.2 Milestone 2: Phase 2 – Phase must be completed within 45 calendar days of <br />commencement. Full closure of County Road E must be re-opened within 14 <br />calendar days of a full closure of the road. If the road is able to remain open <br />to traffic, the 14 calendar day roadway closure time limit shall not apply. <br />3.02.1.3 Milestone 3: Phase 3 – Phase must be completed within 45 calendar days of <br />commencement. <br />3.02.1.4 Milestone 4: Noble Ave Closure at Forcemain Directional Drilling Pit: Full <br />closure of Noble Road (Phase 2/Phase 3 Merge) must be re-opened within 28 <br />calendar days of a full closure of the road. <br />3.02.1.5 Milestone 5: Abandonment of Existing Forcemain – Abandonment of existing <br />forcemain shall be completed within 14 calendar days of commencement of <br />abandonment activities starting and shall be completed by the Substantial <br />Completion Date. <br />3.03 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 abov e, 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 $1,000.00 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, Con tractor 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 /> <br />ARTICLE 4 – CONTRACT PRICES <br />1.01 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 submitted <br />by the Contractor on 02/27/2025, the aggregate of which is estimated to be $729,901.50. <br />1.02 The Contract shall include Base Bid items as provided on the Proposal Form. <br />1.03 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 />1.04 The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based <br />on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated <br />quantities are not guaranteed, and determination of actual quantities and classifications are to be <br />made by the Engineer.