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<br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br /> <br />not as a penalty) CO]\"TRACTOR shall pay OWNER One Thousand Five Hundred and 00/100 dollars <br />($1,500.00) for each day that expires after the time specified in paragraph 3.1 for each Substantial <br />Completion date until the Work is substantially complete. If CONTRACTOR shall neglect, refuse or fail <br />to complete the project by the project completion date within the time specified in paragraph 3.1 for <br />completion and readiness for final payment or any proper extension thereof granted by O\VNER, <br />CONTRACTOR shall pay OWNER an additional One Thousand and 001100 dollars ($1,000.00) for <br />each day that expires after the time specified in Paragraph 3. 1 for completion and readiness for final <br />payment. <br /> <br />Article 4. CONTRACT PRICE. <br /> <br />OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract <br />Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs <br />4.1 below: <br /> <br />4.1 FOR A LUMP SUM CONTRACT OF: <br /> <br />TOT AL BASE BID (Lump sum, Unit prices, and contingency items) <br /> <br />($ <br /> <br />) <br /> <br />(use words) <br /> <br />figures <br /> <br />As provided in Paragraph 1 l.03 of the General Conditions estimated quantities are not guaranteed, and <br />determinations of actual quantities and classification are to be made by ENGINEER as provided in <br />paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph <br />11.03.B of the General Conditions. <br /> <br />Article 5. PAYMENT PROCEDURES. <br /> <br />CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General <br />Conditions. Applications for Payment will be processed by ENGINEER as provided in the General <br />Conditions. <br /> <br />5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of the <br />contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by <br />ENGINEER, on or about the last day of each month during construction as provided in paragraphs 5.1.1. <br />and 5.1.2. below. All such payments will be measured by the schedule of values established in Paragraph <br />2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units <br />completed) or, in the event there is no schedule of values, as provided in the General Requirements. <br /> <br />5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the <br />percentage indicated below, but, in each case, less the aggregate of payments previously made and <br />less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with <br />Paragraph 14.02 of the General Conditions. <br /> <br />...2.Q.... % of Work completed (with the balance being retainage). If Work has been 50% completed as <br />determined by ENGINEER, and if the character and progress of the Work have been satisfactory to <br />OWNER and ENGINEER, O\VNER, on recommendation of ENGINEER, may determine that as <br />long as the character and progress of the Work remain satisfactory to them, there will be no <br /> <br />EJCDC STANDARD FORM OF AGREEMENT Oct. 2007 <br /> <br />00500-2 <br />