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<br />Fulton Street Pedestrian Bicycle Corridor PAGE 64 OF 114 CONTRACT <br />FEDERAL AID # TAP-0420(026) <br />WO #3785 September 6, 2024 <br /> <br />Such purchase orders shall disclose the purchase order date and estimated delivery 1 <br />dates for such critical material. 2 <br /> 3 <br />The Contractor shall show procurement of the materials listed below as activities in the 4 <br />Progress Schedule. If the approved Progress Schedule indicates that the materials 5 <br />procurement are critical activities, and if the Contractor has provided documentation that 6 <br />purchase orders are placed for the critical materials within the prescribed 21 calendar 7 <br />days, then contract time will be suspended upon physical completion of all critical work 8 <br />except that work dependent upon the below listed critical materials: 9 <br /> 10 <br />*** Video Detection Camera *** 11 <br /> 12 <br />Charging of contract time will resume upon delivery of the critical materials to the 13 <br />Contractor or *** 35 *** calendar days after execution by the Contracting Agency, 14 <br />whichever occurs first. 15 <br /> 16 <br /> 17 <br />1-08.9.GR1 18 <br />Liquidated Damages 19 <br /> 20 <br />1-08.9.INST1.GR1 21 <br />Section 1-08.9 is supplemented with the following: 22 <br /> 23 <br />F1-08.9.OptionA Liquid Dam.DOCX 24 <br />1-08.9 Liquidated Damages 25 <br />(March 3, 2021 APWA GSP, Option A) 26 <br /> 27 <br />Replace Section 1-08.9 with the following: 28 <br /> 29 <br />Time is of the essence of the Contract. Delays inconvenience the traveling public, 30 <br />obstruct traffic, interfere with and delay commerce, and increase risk to Highway users. 31 <br />Delays also cost tax payers undue sums of money, adding time needed for 32 <br />administration, engineering, inspection, and supervision. 33 <br /> 34 <br />Accordingly, the Contractor agrees: 35 <br /> 36 <br />1. To pay liquidated damages in the amount of *** $1,150 *** for each working 37 <br />day beyond the number of working days established for Physical Completion, 38 <br />and 39 <br /> 40 <br />2. To authorize the Engineer to deduct these liquidated damages from any 41 <br />money due or coming due to th Contractor. 42 <br /> 43 <br />When the Contract Work has progressed to Substantial Completion as defined in the 44 <br />Contract, the Engineer may determine the Contract Work is Substantially Complete. The 45 <br />Engineer will notify the Contractor in writing of the Substantial Completion Date. For 46 <br />overruns in Contract time occurring after the date so established, liquidated damages 47 <br />identified above will not apply. For overruns in Contract time occurring after the 48 <br />Substantial Completion Date, liquidated damages shall be assessed on the basis of 49 <br />direct engineering and related costs assignable to the project until the actual Physical 50 <br />Completion Date of all the Contract Work. The Contractor shall complete the remaining 51