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3.2 <br />M] <br />(b) From 61 calendar days to 760 calendar days from the effective date of Notice to <br />Proceed, the CONTRACTOR shall complete the following tasks: <br />1. Furnish/Install/Construct all civil, mechanical, structural, plumbing, electrical <br />equipment, instrumentation, and appurtenant items. <br />2. Successfully complete all equipment start-ups and field testing in accordance with <br />the technical specifications. <br />3. Successfully complete all water quality sampling and testing in accordance with <br />the technical specifications. <br />4. Coordinate with ENGINEER to obtain required regulatory clearances to place new <br />equipment into operation. <br />3. Restore all disturbed areas to their pre -construction condition. <br />4. Correct all deficiencies noted by Engineer. <br />Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial <br />Completion. CONTRACTOR is herein notified that Substantial Completion requires beneficial <br />use of all improvements including new and rehabilitated equipment. <br />(c) From 760 calendar days to 820 calendar days from the effective date of Notice to <br />Proceed, the CONTRACTOR shall complete the following tasks: <br />1. Clean up project area. <br />2. Remove all equipment and material from project site. <br />3. Perform contract closeout procedures. <br />4. Demobilize. <br />Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final <br />Completion. <br />Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of <br />this Agreement and that OWNER will suffer financial loss if the work is not completed within <br />the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in <br />accordance with Article 12 of the General Conditions. They also recognize the delays, <br />expense and difficulties involved.in proving in a legal proceeding the actual loss suffered by <br />OWNER if the work is not completed on time. Accordingly, instead of requiring any such <br />proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as <br />a penalty) CONTRACTOR shall pay OWNER seven -hundred and fifty dollars ($750.00) for <br />each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if <br />CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the <br />Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall <br />pay OWNER seven -hundred and fifty dollars ($750.00) for each day that expires after the <br />time specified in Paragraphs 3.1 and 3.2 for completion and readiness for final payment. <br />3.3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct <br />all or any portion of the above -stated liquidated damages due to the Owner from <br />payments due to the Contractor; or, in the alternative, all 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 <br />the OWNER, in case of the CONTRACTOR's default, from terminating the <br />Contractor's right to proceed as provided in this AGREEMENT. <br />3.3.2 In addition to the above -stated liquidated damages, the CONTRACTOR shall be <br />responsible for reimbursing OWNER all expenses related to third party <br />consultants in administering the Project beyond the Final Completion date <br />specified in this Agreement, or beyond an approved extension of time granted to <br />CONTRACTOR, whichever date is later. <br />198 <br />