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ARTICLE 2 ENGINEER <br /> The project has been designed by Masteller& Moler, Inc., hereinafter called ENGINEER, and who <br /> is to act as OWNER'S representative, assume all duties and responsibilities and have the rights <br /> and authority assigned to ENGINEER in the Contract Documents in connection with completion of <br /> the work in accordance with the Contract Documents. <br /> ARTICLE 3 CONTRACT TIME <br /> 3.1 The CONTRACTOR shall be substantially completed with the following timeframe <br /> (a) Within 30 calendar days from effective date of Notice to Proceed, Contractor shall <br /> complete the following tasks: <br /> 1. Obtain all necessary permits. <br /> 2. Receive approved shop drawings for all materials and equipment to be <br /> utilized in the job. <br /> 3. Perform all photographic recording and documentation of conditions prior to <br /> construction. <br /> 4. Locate all existing utilities in the area of work. <br /> 5. Submit and secure approval of shop drawings. <br /> 6. Mobilize all labor, equipment, and materials. <br /> 7. Deliver and store all equipment and materials to the job site. <br /> 8. Notify all utilities and other affected parties prior to initiating construction. <br /> (b) From 31 calendar days to 150 calendar days from the effective date of Notice to <br /> Proceed, the CONTRACTOR shall complete the following tasks: <br /> 1. Demolish and remove items shown on Plans as described in specifications. <br /> 2. Install all process piping, process elements, and appurtenant items. <br /> 3. Construct all site work elements. <br /> 4. Perform all miscellaneous/incidental construction. <br /> 5. Perform all testing. <br /> 6. Restore all disturbed areas to their pre-construction condition. <br /> 7. Correct all deficiencies noted by Engineer. <br /> Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes <br /> Substantial Completion. <br /> (c) From 151 calendar days to 180 calendar days from the effective date of Notice to <br /> Proceed, the CONTRACTOR shall complete the following tasks: <br /> 1. Clean up project area. <br /> 2. Remove all equipment and material from project site. <br /> 3. Perform contract closeout procedures. <br /> 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final <br /> Completion. <br /> 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence <br /> of this Agreement and that OWNER will suffer financial loss if the work is not completed <br /> within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in <br /> accordance with Article 12 of the General Conditions. They also recognize the delays, <br /> expense, and difficulties involved in proving in a legal proceeding the actual loss suffered <br /> by OWNER if the work is not completed on time. Accordingly, instead of requiring any <br /> such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but <br /> 00530-2 <br /> 72 <br />