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within the times specified in Paragraphs 3.1 and 3.2 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 in a legal proceeding the actual loss <br />suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring <br />any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay <br />(but not as a penalty) CONTRACTOR shall pay OWNER four -hundred and fifty dollars <br />($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial <br />Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work <br />within the Contract Times or any proper extension thereof granted by OWNER, <br />CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day <br />that expires after the time specified in Paragraph 3.1 for Final =Completion and readiness <br />for final payment. <br />3.3.1. The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all <br />or any portion of the above -stated liquidated damage's ' due to the Owner from <br />payments due to the Contractor; or, in„the alternative, 4lk or any portion of the <br />above -stated liquidated damages may be.:collected from the Contractor or its <br />Surety or Sureties. These provisions,for liquidated damages shall:not prevent the <br />OWNER, in case of the ,C'ONTRACTOR's, ;default, from ,".terminating the <br />Contractor's right to proceed as,providea'in. this AGREEMENT:. <br />3.3.2. In addition to the above *stated liiquidated; aamages, the;.CONTRACTOR shall be <br />responsible for reimbursing OWN 9R,if& third party consultants in administering <br />the Project beyond the Substantial Completion date specified in this Agreement, <br />or beyond an approved extension. -of time`•.granted to CONTRACTOR, whichever <br />date is later..- - <br />ARTICLE 4 CONTRACT PRICE.,. <br />4.1 OWNER shall_ pay CONTRACTOR f&:;completion of the work in accordance with the <br />Contract Documents in current funds in the amount of $ 2.977,931.58 <br />ARTICLE,5,_;, PAYMENT PROCEDURES <br />CONTRACTOR shall submit''Applications for Payment in accordance with Article 14 of the <br />General;'tConditions. Applications for Payment will be processed by ENGINEER as provided in <br />the General;Cond*66t s:andlhe,Contract Documents. <br />5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR <br />on the basis of the,approved partial payment request as recommended by ENGINEER in <br />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 <br />payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the <br />work. After fifty percent (50%) completion of the work is attained as certified to OWNER <br />by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount <br />due to CONTRACTOR until final completion and acceptance of all work to be performed <br />by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section <br />218.735(8) (b), fifty percent (50%) completion means the point at which the County as <br />OWNER has expended fifty percent (50%) of the total cost of the construction services <br />work purchased under the Contract Documents, together with all costs associated with <br />00530-3 <br />P178 <br />