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Article 5 <br /> Contract Time/Sequencing / Completion <br /> 5.0 Clearwell Construction Season. Design-Builder acknowledges and agrees that the East <br /> Clearwell must be fully operational by September 30, 2020. Accordingly, all demolition and all construction <br /> up to Substantial Completion with respect to the East Clearwell must occur between Design Builder Notice <br /> to Proceed and September 30, 2020 (the "Clearwell Construction Season"). All costs, direct or indirect, <br /> associated with completing the Work in the Clearwell Construction Season are included in the Contract <br /> Price. Demolition. <br /> 5.1 Date of Commencement / Demolition Notice to Proceed / Sequencing. The Work shall <br /> commence within five days after Design-Builder's receipt of Owner's Notice to Proceed ("Date of <br /> Commencement") unless the parties mutually agree otherwise in writing. <br /> 5.1.1 Demolition Notices to Proceed. In addition to Owner's Notice to Proceed, Owner will, <br /> upon receipt of a request from Design-Builder complying with subparts(a)through(d)below, issue <br /> a notice to proceed for the demolition of the East Clearwell roof. Design-Builder shall not <br /> commence demolition of a facility element unless and until the Design-Builder has received from <br /> Owner a Demolition Notice to Proceed for that facility. Owner is not obligated to grant Design- <br /> Builder's request and issue a Demolition Notice to Proceed for a facility unless: <br /> (a)for a request for Demolition Notice to Proceed for the East Clearwell roof, Design- <br /> Builder demonstrates that the fabrication of the replacement roof is on-schedule; and <br /> (b) Reserved <br /> (c) for any request, Design-Builder is in compliance with the Contract Documents at <br /> the time of Design Builder's request. <br /> 5.1.2 Reserved <br /> 5.1.3 Reserved <br /> 5.2 Substantial Completion and Final Completion <br /> 5.2.1 Substantial Completion of all Work shall be attained by September 30, 2020 ("Scheduled <br /> Substantial Completion Date"). <br /> 5.2.2 Final Completion of the Work or identified portions of the Work shall be achieved as <br /> expeditiously as reasonably practicable. Final Completion is the date when all Work is complete <br /> pursuant to the definition of Final Completion set forth in the General Conditions of Contract. <br /> 5.2.3 All of the dates set forth in this Article 5("Contract Time(s)") shall be subject to adjustment <br /> in accordance with the General Conditions of Contract. <br /> 5.3 Time is of the Essence. Owner and Design-Builder mutually agree that time is of the essence <br /> with respect to the dates and times set forth in the Contract Documents. <br /> 5.4 Liquidated Damages. <br /> 5.4.1 Substantial Completion. Design-Builder understands that, if all Substantial Completion <br /> of all Work is not attained by the Scheduled Substantial Completion Date, Owner will suffer <br /> damages which are difficult to determine and accurately specify. Design-Builder agrees that, if <br /> Substantial Completion is not attained by such date, Designer-Builder shall pay five thousand <br /> dollars ($5,000)as liquidated damages for each day that Substantial Completion extends beyond <br /> such date. <br /> City of Everett—Contract Page 4 <br /> Between Owner and Design Builder—Lump Sum <br /> East Clearwell Roof Replacement Project <br />