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use or occupancy of the Work and can utilize the Work for its intended purpose. A condition <br />precedent for the achievement of Substantial Completion is the receipt by the City of any and all <br />Certificates of Occupancy or other authorizations required for occupancy by any governmental or <br />regulatory authority. <br />3.4 Time is of the Essence <br />3.4.1. All limitations of time set forth in the Contract Documents are of the essence of this <br />Contract. <br />ARTICLE IV <br />CONTRACT PRICE <br />4.1 The Contract Price <br />4.1.1. The City shall pay, and the Contractor shall accept, as full and complete payment for <br />all of the Work required herein, the fixed sum of Nine Hundred Ninety -Five Thousand Two <br />Hundred Thirty -Two Dollars and Thirty -One Cents ($995,232.31), plus Ninety -Nine Thousand Five <br />Hundred Twenty -Three Dollars and Twenty -Three Cents ($99,523.23) for contingency, if <br />necessary,resulting in a total not -to -exceed amount of One Million Ninety -Four Thousand Seven <br />Hundred Fifty -Five Dollars and Fifty -Four Cents ($1,094,755.54). The sum set forth in this <br />Paragraph 4.1.1 shall constitute the Contract Price which shall not be modified except by Change <br />Order as provided in this Contract. <br />4.2 Unit Prices <br />42.1. In the event all, or any portion of, the Contract Price is to be determined by the <br />application of unit prices, the following terms and conditions are applicable and controlling: <br />(a) Payment to the Contractor shall be determined by the actual number of units <br />incorporated in, or made necessary, by the Work; <br />(b) Payment to the Contractor shall be made at the Contract Unit Prices <br />applicable to each integral part of the Contract. The Contract Unit Prices shall <br />be full compensation for all costs associated with completion of all unit price <br />work in full conformity with the requirements of the Contract Documents; <br />(c) Where the quantity of Work with respect to any item that is covered by a <br />Contract Unit Price is increased or decreased by more than twenty percent <br />(20%) from the quantity of such Work indicated or estimated in the Contract <br />Documents, an appropriate Change Order shall be issued to adjust the <br />Contract Unit Price, if warranted and justified, and if fully supported by <br />documentation submitted to the City and the Engineer / Architect and if a <br />Page 7 of 42 <br />