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<br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />Article 3. CONTRACT TIMES. <br /> <br />3.1. The work will be substantially completed within 270 calendar days after the date when <br />the Contract Times commence to run completed and ready for final payment in accordance <br />with paragraph 14.07 of the General Conditions within 300 calendar days after the date when <br />the Contract Times commence to run. <br /> <br />3.2. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the <br />essence of this Agreement and that OWNER will suffer financial loss if the Work is not <br />completed within the times specified in paragraph 3.1 above, plus any extensions thereof <br />allowed in accordance with Article 12 of the General Conditions. They also recognize the <br />delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the <br />Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and <br />CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) <br />CONTRACTOR shall pay OWNER One Thousand Five Hundred and 00/100 dollars ($1500.00) <br />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, <br />refuse or fail to complete the project by the project completion date within the time specified <br />in paragraph 3.1 for completion and readiness for final payment or any proper extension <br />thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand and 00/100 <br />dollars ($1000.00) for each day that expires after the time specified in paragraph 3.1 for <br />completion and readiness for final payment. <br /> <br />Article 4. CONTRACT PRICE. <br /> <br />OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract <br />Documents an amount in current funds equal to the sum of the amounts determined pursuant to <br />paragraphs 4.1 below: <br /> <br />4.1. FOR A LUMP SUM CONTRACT OF: <br /> <br />TOTAL BASE BID (Lump sum, Unit prices, and contingency items) <br /> <br />(use words) <br /> <br />($ <br />figures <br /> <br />As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, <br />and 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 />11.03.8 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 <br />the contract Price on the basis of CONTRACTOR's Applications for Payment as recommended <br />by ENGINEER, on or about the ~ day of each month during construction as provided in <br />paragraphs 5.1.1. and 5.1.2. below. All such payments will be measured by the schedule of <br />values established in paragraph 2.07 of the General Conditions (and in the case of Unit Price <br />Work based on the number of units completed) or, in the event there is no schedule of values, <br />as provided in the General Requirements. <br /> <br />March 2007 <br /> <br />00500-2 <br /> <br />03-4122.0 <br />