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ARTICLE 2 ENGINEER <br />The West Wabasso Septic to Sewer Phase 3B has been designed by Bowman Consultants, hereinafter <br />called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities <br />and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with <br />completion of the work in accordance with the Contract Documents. <br />ARTICLE 3 CONTRACT TIMES <br />3.1 The CONTRACTOR shall be substantially completed with the following timeframe: <br />(a) Within 60 calendar days from effective date of Notice to Proceed, Contractor shall <br />complete the following tasks: <br />1. Obtain all necessary permits. <br />2. Receive approved shop drawings for all materials and equipment to be <br />utilized on the job. <br />3. Perform all photographic recording and documentation of conditions <br />prior to construction. <br />4. Locate all existing utilities in the area of work. <br />5. Submit and secure approval of shop drawings. <br />6. Mobilize all labor, equipment, and materials. <br />7. Deliver and store all equipment and materials to the job site. <br />8. Notify all utilities and other affected parties prior to initiating <br />construction. <br />(b) From 61 calendar days to 180 calendar days from the effective date of Notice to <br />Proceed, the CONTRACTOR shall complete the following tasks: <br />1. Install all pipe and appurtenant items. <br />2. Perform all testing. <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 <br />Substantial Completion. <br />(c) From 181 calendar days to 240 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 />3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final <br />Completion. <br />3.3 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 <br />times specified in Paragraphs 3.1 and 3.2 above, plus any extensions thereof allowed in <br />accordance with Article 12 of the General Conditions. They also recognize the delays, expense <br />and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if <br />the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER <br />and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) <br />CONTRACTOR shall pay OWNER four -hundred fifty dollars ($450.00) for each day that expires <br />after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall <br />neglect, refuse or fail to complete the remaining work within the Contract Times or any proper <br />