Common use of Contract Times Clause in Contracts

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. The Work shall be substantially completed within seventy five (75) days after the date when the Contract Times commence to run (Notice to Proceed) as provided in [Paragraph 2.03] of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] of the General Conditions within seventy five (75) days after the date when the Contract Times commence to run (Notice to Proceed). C. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] above, plus any extensions thereof allowed in accordance with [Article 12] of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send the Engineer a request on company letterhead. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal weather conditions the request must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PM, three (3) days in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-degrees Farenheit January 7 3 March 7 0 May 7 0 July 8 0 August 6 0 October 5 0 November 5 0

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. The Work shall be substantially completed within seventy five (75) 365 days after the date when the Contract Times commence to run (Notice to Proceed) as provided in [Paragraph 2.03] 2.03 of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] 14.07 of the General Conditions within seventy five (75) 395 days after the date when the Contract Times commence to run (Notice to Proceed). C. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] 1.4.B.1 above, plus any extensions thereof allowed in accordance with [Article 12] 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four hundred five thousand dollars ($400.005,000.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four seven hundred dollars ($400.00700.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine six (96) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten seven (107) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send use the Engineer a request form, “Request to Extend Contract Times on company letterheadthe Basis of Adverse Weather Conditions,” see [Appendix J]. The parties are bound by the provisions on that form. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal weather conditions the request form must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PM, three (3) days in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-degrees Farenheit January 7 3 March 7 0 May 7 0 July 8 0 August 6 0 October 5 0 November 5 0

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. North Durham WRF – The Work shall be substantially completed within seventy five (75) 413 days after the date when the Contract Times commence to run (Notice to Proceed) as provided in [Paragraph 2.03] 2.03 of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] 14.07 of the General Conditions within seventy five (75) 441 days after the date when the Contract Times commence to run (Notice to Proceed). C. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] 1.4.B above, plus any extensions thereof allowed in accordance with [Article 12] 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four two thousand one hundred dollars ($400.002100.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four two thousand one hundred dollars ($400.002100.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send use the Engineer a request form, “Request to Extend Contract Times on company letterheadthe Basis of Adverse Weather Conditions,” see Appendix G. The parties are bound by the provisions on that form. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal weather conditions the request form must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PMp.m., three (3) days in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-32- degrees Farenheit Fahrenheit January 7 3 February 6 1 March 7 0 May 7 0 July 8 0 August 6 0 October 5 0 November 5 0

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. The Work shall be substantially completed within seventy five (75) [134] days after the date when the Contract Times commence to run (Notice to Proceed) as provided in [Paragraph 2.03] of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] of the General Conditions within seventy five (75) [164] days after the date when the Contract Times commence to run (Notice to Proceed). C. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] above, plus any extensions thereof allowed in accordance with [Article 12] of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four [two hundred dollars ($400.00) 200.00)] for each day that expires after the time specified in [Paragraph 1.4.B.1] for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four [two hundred dollars ($400.00) 200.00)] for each day that expires after the time specified in [Paragraph 1.4.B.1] for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send use the Engineer a request form, “Request to Extend Contract Times on company letterheadthe Basis of Adverse Weather Conditions,” see [Appendix J]. The parties are bound by the provisions on that form. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal weather conditions the request form must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PM, three (3) days in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-degrees Farenheit January 7 10 3 March 10 0 May 10 0 July 11 0 August 10 0 September 8 0 October 7 0 May 7 0 July November 8 0 August 6 0 October 5 0 November 5 December 9 0

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. The Work shall be substantially completed within seventy five (75) days one year after the date when the Contract Times commence to run (Notice to Proceed) as provided in [Paragraph 2.03] 2.03 of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] 14.07 of the General Conditions within seventy five (75) 395 days after the date when the Contract Times commence to run (Notice to Proceed). C. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] 1.4.B.1 above, plus any extensions thereof allowed in accordance with [Article 12] 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a may request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send the Engineer a request on company letterhead. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal delays related to adverse weather conditions the request must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PM, three (3) days described in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-degrees Farenheit January 7 3 March 7 0 May 7 0 July 8 0 August 6 0 October 5 0 November 5 0Paragraph 12.02A.

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. The Work shall be substantially completed within seventy five (75) 75 days after the date when the Contract Times commence to run (Notice to Proceed) as provided in [Paragraph 2.03] 2.03 of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] 14.07 of the General Conditions within seventy five (75) 105 days after the date when the Contract Times commence to run (Notice to Proceed). C. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] 1.4.B.1 above, plus any extensions thereof allowed in accordance with [Article 12] 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving proving, in a legal or arbitration proceeding proceeding, the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a may request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send the Engineer a request on company letterhead. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal delays related to adverse weather conditions the request must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PM, three (3) days described in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-degrees Farenheit January 7 3 March 7 0 May 7 0 July 8 0 August 6 0 October 5 0 November 5 0Paragraph 12.02A.

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. The Work shall be substantially completed within seventy five (75) 100 days after the date when the Contract Times commence to run (Notice to Proceed) as provided in [Paragraph 2.03] 2.03 of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] 14.07 of the General Conditions within seventy five (75) 120 days after the date when the Contract Times commence to run (Notice to Proceed). C. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] 1.4.B.1 above, plus any extensions thereof allowed in accordance with [Article 12] 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a may request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send the Engineer a request on company letterhead. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal delays related to adverse weather conditions the request must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PM, three (3) days described in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-degrees Farenheit January 7 3 March 7 0 May 7 0 July 8 0 August 6 0 October 5 0 November 5 0Paragraph 12.02A.

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. The Work shall be substantially completed within seventy five (75) 335 days after the date when the Contract Times commence to run (Notice to Proceed) as provided in [Paragraph 2.03] 2.03 of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] 14.07 of the General Conditions within seventy five (75) 365 days after the date when the Contract Times commence to run (Notice to Proceed). C. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] 1.4.B.1 above, plus any extensions thereof allowed in accordance with [Article 12] 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to liquidated damages assessment against the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a may request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send the Engineer a request on company letterhead. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal delays related to adverse weather conditions the request must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PM, three (3) days described in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-degrees Farenheit January 7 3 March 7 0 May 7 0 July 8 0 August 6 0 October 5 0 November 5 0Paragraph 12.02A.

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. The Work shall be substantially completed within seventy five (75) 150 days after the date when the Contract Times commence to run (Notice to ProceedProceed - Construction) as provided in [Paragraph 2.03] 2.03 of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] 14.07 of the General Conditions within seventy five (75) 180 days after the date when the Contract Times commence to run (Notice to ProceedProceed - Construction). C. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] 1.4.B.1 above, plus any extensions thereof allowed in accordance with [Article 12] 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving proving, in a legal or arbitration proceeding proceeding, the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to liquidated damages assessment against the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a may request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send the Engineer a request on company letterhead. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal delays related to adverse weather conditions the request must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PM, three (3) days described in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-degrees Farenheit January 7 3 March 7 0 May 7 0 July 8 0 August 6 0 October 5 0 November 5 0Paragraph 12.02A.

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. North Durham WRF – The Work shall be substantially completed within seventy five (75) 320 days after the date when the Contract Times commence to run (Notice to Proceed) as provided in [Paragraph 2.03] 2.03 of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] 14.07 of the General Conditions within seventy five (75) 365 days after the date when the Contract Times commence to run (Notice to Proceed). C. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] 1.4.B above, plus any extensions thereof allowed in accordance with [Article 12] 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four twenty one hundred dollars ($400.002100.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four twenty one hundred dollars ($400.002100.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send use the Engineer a request form, “Request to Extend Contract Times on company letterheadthe Basis of Adverse Weather Conditions,” see Appendix J. The parties are bound by the provisions on that form. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal weather conditions the request form must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PMp.m., three (3) days in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-32- degrees Farenheit Fahrenheit January 7 10 3 March 10 0 May 10 0 July 11 0 August 10 0 September 8 0 October 7 0 May 7 0 July November 8 0 August 6 0 October 5 0 November 5 0

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. The Work shall will begin on or after March 16, 2021 and will be substantially completed within seventy five (75) days after the date when the Contract Times commence to run (Notice to Proceed) as provided by August 27, 2021. Final completion, including all clean-up activities, will be completed for purposes of final payment, in [accordance with Paragraph 2.03] 14.13 of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] of the General Conditions within seventy five (75) 15 calendar days after the date when the Contract Times commence to run (Notice to Proceed). C. of Notification of Substantial Completion. Substantial completion for all work on Falls Road, including surface course of asphalt and pavement markings, shall be completed by May 21, 2021. Liquidated Damages 1. Contractor OWNER and the City of Durham CONTRACTOR recognize that time is of the essence of this Agreement and that the City of Durham OWNER will suffer financial loss if the Work is work has not completed reached final completion within the times time specified in [Paragraph 1.4.B.1] above, plus any extensions extension thereof allowed in accordance with [Article 12] 12 of the General Conditions. The parties They also recognize the delays, expense, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City of Durham OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham OWNER and the Contractor CONTRACTOR agree that as liquidated Liquidated damages for the delay (but not as a penalty), Contractor ) CONTRACTOR shall pay OWNER $350.00 plus additional engineering and inspection costs, as set forth in Paragraph 9.01 of the City of Durham four hundred dollars ($400.00) Special Provisions, for each day that expires after the time specified in [Paragraph 1.4.B.1] section 9 of Special Provisions for Substantial Completion Completion, until the Work is substantially completecompleted. After Substantial Completion, if Contractor CONTRACTOR shall neglect, refuse, refuse or fail to complete the remaining Work within the Contract Time time specified in section 9 for completion and readiness for final payment or any proper extension thereof granted by the City of DurhamOWNER, Contractor CONTRACTOR shall pay the City of Durham four hundred dollars (OWNER $400.00) for each day that expires after the time specified 500.00 plus additional engineering and inspection costs, as set forth in [Paragraph 1.4.B.1] for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send the Engineer a request on company letterhead. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal weather conditions the request must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PM, three (3) days in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-degrees Farenheit January 7 3 March 7 0 May 7 0 July 8 0 August 6 0 October 5 0 November 5 0Paragraph

Contract Times. A. Time is of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. The Work shall be substantially completed within seventy five (75) 60 days after the date when the Contract Times commence to run (Notice to Proceed) as provided in [Paragraph 2.03] 2.03 of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] 14.07 of the General Conditions within seventy five (75) 75 days after the date when the Contract Times commence to run (Notice to Proceed). C. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] 1.4.B.1 above, plus any extensions thereof allowed in accordance with [Article 12] 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four five hundred dollars ($400.00500.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four five hundred dollars ($400.00500.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send use the Engineer a request form, “Request to Extend Contract Times on company letterheadthe Basis of Adverse Weather Conditions,” see Appendix J. The parties are bound by the provisions on that form. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal weather conditions the request form must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PM, three (3) days in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-degrees Farenheit January 7 10 3 March 10 0 May 10 0 July 11 0 August 10 0 September 8 0 October 7 0 May 7 0 July November 8 0 August 6 0 October 5 0 November 5 0

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. The Work shall be substantially completed within seventy five (75) 270 days after the date when the Contract Times commence to run (Notice to Proceed) as provided in [Paragraph 2.03] 2.03 of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] 14.07 of the General Conditions within seventy five (75) 300 days after the date when the Contract Times commence to run (Notice to Proceed). C. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] 1.4.B.1 above, plus any extensions thereof allowed in accordance with [Article 12] 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can There shall be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send the Engineer a request on company letterhead. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an no extension of Contract Times granted for abnormal weather conditions the request must be submitted by the tenth (10th) day of the month after the month as delays related to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PM, three (3) days in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-degrees Farenheit January 7 3 March 7 0 May 7 0 July 8 0 August 6 0 October 5 0 November 5 0adverse weather.

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. The Work shall be substantially completed within seventy five (75) 334 days after the date when the Contract Times commence to run (Notice to Proceed) as provided in [Paragraph 2.03] 2.03 of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] 14.07 of the General Conditions within seventy five (75) 365 days after the date when the Contract Times commence to run (Notice to Proceed). C. B. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] 1.4.B.1 above, plus any extensions thereof allowed in accordance with [Article 12] 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four hundred dollars ($400.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. C. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a may request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send the Engineer a request on company letterhead. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal delays related to adverse weather conditions the request must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PM, three (3) days described in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-degrees Farenheit January 7 3 March 7 0 May 7 0 July 8 0 August 6 0 October 5 0 November 5 0Paragraph 12.02A.

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. North Durham WRF – The Work shall be substantially completed within seventy five (75) 320 days after the date when the Contract Times commence to run (Notice to Proceed) as provided in [Paragraph 2.03] 2.03 of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] 14.07 of the General Conditions within seventy five (75) 365 days after the date when the Contract Times commence to run (Notice to Proceed). C. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] 1.4.B above, plus any extensions thereof allowed in accordance with [Article 12] 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four twenty one hundred dollars ($400.002100.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four twenty one hundred dollars ($400.002100.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B for completion and readiness for final payment until the Work is completed and ready for final payment. 2. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send use the Engineer a request form, “Request to Extend Contract Times on company letterheadthe Basis of Adverse Weather Conditions,” see Appendix J. The parties are bound by the provisions on that form. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal weather conditions the request form must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PMp.m., three (3) days in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-32- degrees Farenheit Fahrenheit January 7 10 3 February 10 1 March 10 0 May 10 0 July 11 0 August 10 0 September 8 0 October 7 0 May 7 0 July November 8 0 August 6 0 October 5 0 November 5 December 9 0

Contract Times. A. Time of the Essence 1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Days to Achieve Substantial Completion and Final Payment 1. The Work shall be substantially completed with all Work associated with the Xxxxxxxx WTP by July 31, 2018. All work at the Xxxxxxxx WTP will be completed by September 30, 2018. 2. All Work shall be substantially completed within seventy five (75) 840 days after the date when the Contract Times commence to run (Notice to Proceed) as provided in [Paragraph 2.03] 2.03 of the General Conditions, and completed and ready for final payment in accordance with [Paragraph 14.07] 14.07 of the General Conditions within seventy five (75) 900 days after the date when the Contract Times commence to run (Notice to Proceed). C. Liquidated Damages 1. Contractor and the City of Durham recognize that time is of the essence of this Agreement and that the City of Durham will suffer financial loss if the Work is not completed within the times specified in [Paragraph 1.4.B.1] 1.4.B.1 above, plus any extensions thereof allowed in accordance with [Article 12] 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City of Durham if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Durham and the Contractor agree that as liquidated damages for the delay (but not as a penalty), Contractor shall pay the City of Durham four hundred the following amounts for each day that expires after the time specified in Paragraph 1.4.B.1 for Substantial Completion until the Work is substantially complete. (as described in the Construction Sequencing Section) Phase 2 – Xxxxxxxx WTP Upgrades $2,000 All Phases of Work $3,000 2. After Substantial Completion of Phase 2 – Xxxxxxxx WTP, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Date or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham $1,000 thousand dollars ($400.001,000.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for Substantial Completion completion until the Work is substantially completecompleted and ready for final payment. 3. After Substantial CompletionCompletion of all work, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City of Durham, Contractor shall pay the City of Durham four hundred $2,000 thousand dollars ($400.002,000.00) for each day that expires after the time specified in [Paragraph 1.4.B.1] 1.4.B.1 for completion and readiness for final payment until the Work is completed and ready for final payment. 24. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily penalty to the Contractor at a rate of fifty percent (50%) of the daily liquidated damages specified in [Paragraph 1.4.C.1]. D. Weather Related Delays 1. The weather conditions shown in the chart below can be reasonably anticipated and will not be considered abnormal. For example, if the Contractor submits a may request to extend Contract Times on the sole basis of adverse weather conditions in January, and the factual records submitted show that the actual January in which the Contractor worked had nine (9) days on which the precipitation exceeded 0.1 inches, the extension of time will not be granted because the chart says that it is expected that there will be ten (10) days in January with at least that much rain. If the factual records show that the actual January in which the Contractor worked had twelve (12) days on which the precipitation exceeded 0.1 inches, the Contractor will not need to show that the precipitation was abnormal and could not have been reasonably anticipated, but will still need to show the adverse effect on the scheduled construction. Unless the City agrees in writing otherwise, the weather conditions must be shown by use of data, submitted by the Contractor, from either the National Weather Service (NWS) for Raleigh, N C or NWS readings from a location closer to the site than Raleigh, and not by use of weather readings on the Site or by the Contractor. For requests to extend Contract Times based on weather related delays, the Contractor shall send the Engineer a request on company letterhead. Notwithstanding the [General Conditions, Paragraphs 9.08 and 12.02], in order to request an extension of Contract Times for abnormal delays related to adverse weather conditions as described in the request must be submitted by the tenth (10th) day of the month after the month as to which the request is made. In order to make this request for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the Resident Project Representative by 3:30 PM, three (3) days in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. Notwithstanding [Article 17 of the General Conditions], if the day on which the notice is to be given is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that Saturday, Sunday, or holiday that is not a Saturday, Sunday, or City of Durham holiday. Month Number of days with 0.1 or more inches precipitation Number of days on which the temperature is never above 32-degrees Farenheit January 7 3 March 7 0 May 7 0 July 8 0 August 6 0 October 5 0 November 5 0Construction Scheduling Section.