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© 2020 CDM Smith All Rights Reserved ARTICLE 2 ENGINEER 6706-250111 November 2020 2.1 The project has been designed by CDM Smith Inc., hereinafter called ENGINEER, and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the work of Milestone 1 within One Hundred Eighty (180) calendar days from the date of Notice of Proceed, in accordance with Paragraph 2.03 of the General Conditions as amended by the Supplementary Conditions, and be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions as amended by the Supplementary Conditions within Two Hundred Ten (2 10) calendar days after the issuance of the Notice to Proceed. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER: (a) Four hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion of the work of the project and (b) four hundred dollars ($400.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment or use of each section of the project. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $ 1,064,910.00 ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions as amended by the Supplementary Conditions. Applications for Payment will be processed as provided in the General Conditions as amended by the Supplementary Conditions and the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. Class I Landfill Segment 3 Cell 1 Agreement Landfill Gas System Expansion 00530-2 Indian River County, FL Issued for Bid