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IRC -1838 Bid No. 2020029 <br />A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER <br />will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 <br />above, plus any extensions thereof allowed in writing as a change order to this Agreement. <br />Liquidated damages will commence for this portion of work. The parties also recognize the delays, <br />expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER <br />if the Work is not completed on time. Accordingly; instead of requiring any such proof, OWNER and <br />CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall <br />pay OWNER $956.00 for each calendar day that expires after the time specified in paragraph 3.02 <br />for completion and readiness for final payment until the Work is completed and ready for final <br />payment. <br />ARTICLE 4 - CONTRACT PRICE <br />4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to <br />the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph <br />4.01.13, below: <br />A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. <br />B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: <br />Numerical Amount: $_ _257,632.00 <br />Written Amount: Two hundred fifty-seven thousand six hundred thirty-two dollars <br />ARTICLE 5 - PAYMENT PROCEDURES <br />5.01 Progress Payments. <br />A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the <br />approved partial payment request as recommended by ENGINEER in accordance with the <br />provisions of the Local Government, Prompt Payment Act, Florida Statutes section 218.70 et. <br />seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the <br />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 <br />shall retain five percent (5%) of the payment amount due to CONTRACTOR until final <br />completion and acceptance of all work to be performed by CONTRACTOR under the Contract <br />Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) <br />completion means the point at which the County as OWNER has expended fifty percent <br />(50%) of the total cost of the construction services work purchased under the Bid and <br />Specification Documents, together with all costs associated with existing change orders and <br />other additions or modifications to the construction services work provided under the <br />Contract Documents. <br />5.02 Pay Requests. <br />A. On a form provided by the OWNER, each request for a progress payment shall contain <br />the CONTRACTOR'S certification. All progress payments will be on the basis of progress <br />of the work measured by the schedule of values established, or in the case of unit price <br />