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functional system. <br /> ARTICLE 2 ENGINEER <br /> 2.1. The project has been designed by Kimley-Horn and Associates, Inc. hereinafter called <br /> ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities <br /> and have the rights and authority assigned to ENGINEER in the Contract Documents in connection <br /> with completion of 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 /> The CONTRACTOR shall be substantially completed with the work Ninety (90) calendar <br /> days after issuance of the Notice to Proceed, in accordance with Paragraph 2.03 of the <br /> General Conditions, and be completed and ready for final payment in accordance with <br /> Paragraph 14.07 of the General Conditions within One Hundred and Twenty (120) <br /> calendar days after the issuance of the Notice to Proceed. <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 completed <br /> within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance <br /> with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties <br /> involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not <br /> (W completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR <br /> agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER <br /> Four Hundred and Fifty ($450.00) for each day that expires after the time specified in Paragraph <br /> 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the <br /> remaining work within the Contract Time or any proper extension thereof granted by OWNER, <br /> CONTRACTOR shall pay OWNER Four Hundred and Fifty ($450.00) for each day that expires <br /> after the time specified in Paragraph 3.1 for completion and readiness for final payment. <br /> ARTICLE 4 CONTRACT PRICE <br /> 4.1. OWNER shall pay CONTRACTOR for completion of the work in accordance with the <br /> Contract Documents in current funds in the amount of$1,164,853.40. <br /> ARTICLE 5 PAYMENT PROCEDURES <br /> 5.1. General. CONTRACTOR shall submit Applications for Payment in accordance with <br /> Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as <br /> provided in the General Conditions and the Contract Documents. <br /> 5.2. Progress Payments. The OWNER shall make progress payments to the <br /> CONTRACTOR on the basis of the approved partial payment request as recommended by <br /> ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida <br /> Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts <br /> due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) <br /> completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall <br /> 00530-2 <br /> 204 <br />