2003-169 - Laserfiche WebLink

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ARTICLE 3 . CONTRACT TIME. ' 3 . 1 The work will be completed in accordance with the following time frame . ' ( a ) Within 290 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : ' 1 . Install all pipes , structures , tanks , pumps , blowers , scrubbers , degasifiers , filters , and appurtenant items . ' 2 . Perform all start- up and testing . 3 . Provide a system to the OWNER which is of benefical use and allows the OWNER to provide potable water to their customers ' with normal operations . Completion of all tasks outlined above ( i . e . , Subparagraphs a ) constitute Substantial Completion . ' ( b ) From 291 calendar days to 320 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Clean up project area . 2 . Restore all disturbed areas to their pre-construction condition . ' 3 . Correct all deficiencies noted by Engineer. 4 . Remove all equipment and material from project site . 5 . Perform contract close-out procedures . ' Completion of all tasks outlined above ( i . e . , Subparagraphs a and b ) constitute Final Completion . 3 . 2 Liquidated Damages . OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not ' completed within the times specified in Paragraph 3 . 1 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . They also recognize the delays , expense and difficulties involved in proving in a legal or arbitration proceeding the ' actual loss suffered by OWNER if the work is not completed on time . Accordingly , instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay ( but not as a penalty) CONTRACTOR shall pay OWNER four-hundred ' and fifty dollars ($450 . 00 ) for each day that expires after the time specified in Paragraph 3 . 1 for 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 OWNER , CONTRACTOR shall pay OWNER four- hundred and fifty dollars ( $450 . 00 ) for each day that expires after the time specified in Paragraph 3 . 1 for completion and readiness for final payment . ARTICLE 4 . CONTRACT PRICE . 4 . 1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $2 , 707 , 080 . 00 , 044572000 ' 00530 -2