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SAMPLE AGREEMENT <br />4. Bid Item No. 4. Mobilization and Demobilization (Milestones 1 and 2). <br />Bid Item No. 5. Water Main Extension and Hydrant (Milestone 2): <br />a. Clearing and grubbing, and excavation. <br />b. Bedding, piping and backfilling. <br />c. Geotechnical testing for compaction. <br />d. Pressure testing, disinfection and testing. <br />e. Provision and installation of fire hydrant. <br />Bid Item No. 6. Leachate Lift Station and Forcemain (Milestone 2): <br />a. Clearing and grubbing, and excavation. <br />b. Bedding, piping and backfilling. <br />c. Geotechnical testing for compaction. <br />d. Pressure testing and acceptance. <br />e. Lift Station Wetwell, coatings, pumps, valves and appurtenances. <br />f. Lift Station Control Panel and Scada System. <br />g. Service water connection, backflow preventer, and line. <br />h. Electrical conduits, duct banks, handholes, and other ancillary components. <br />7. Bid Item No. 7. Contingency Allowance at OWNER's Discretion. <br />ARTICLE 2 ENGINEER <br />2.1 The project has been designed by CDM Smith Inc., hereinafter called ENGINEER, and who is to act <br />as OWNER's representative, assume all duties and responsibilities and have the rights and authority <br />assigned to ENGINEER in the Contract Documents in connection with completion of the work in <br />accordance with the Contract Documents. <br />ARTICLE 3 CONTRACT TIME <br />3.1 The CONTRACTOR shall be substantially completed with the work of Milestone 1 within One <br />Hundred Eighty (180) calendar days from the date of Notice of Proceed, Milestone 2 within Three <br />Hundred Sixty (360) calendar days from the date of Notice to Proceed, in accordance with Paragraph <br />2.03 of the General Conditions as amended by the Supplementary Conditions, and be completed and <br />ready for final payment in accordance with Paragraph 14.07 of the General Conditions as amended by <br />the Supplementary Conditions within Three Hundred Ninety (390) calendar days after the issuance of <br />the Notice to Proceed. <br />3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this <br />Agreement and that OWNER will suffer financial loss if the work is not completed within the times <br />specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 <br />of the General Conditions. They also recognize the delays, expense and difficulties involved in <br />proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on <br />time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as <br />liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER: (a) Nine <br />hundred dollars ($900.00) for each day that expires after the time specified in Paragraph 3.1 for <br />Substantial Completion of the work for both sections of the project and (b) Six hundred fifty dollars <br />($650.00) for each day that expires after the time specified in Paragraph 3.1 for completion and <br />readiness for final payment or use of each section of the project. These two liquidated damage <br />amounts, all items for Milestone 1 and Milestone 2, are independent of each other and may be <br />assessed concurrently and additively if necessary. <br />Agreement <br />00530?' <br />