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IRC -2411 <br />any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will <br />commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved <br />in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. <br />Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated <br />damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $980.001 for each calendar day <br />that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until <br />the Work is completed and ready for final payment. <br />1 Reference for liquidated damages amount "Standard Specifications for Road & Bridge Construction", Florida Department of Transportation (FDOT) FY 2023-24, Section 8-10.2 <br />for projects $299.999. and under. THE ACTUAL LIQUIDATED DAMAGES AMOUNT WILL BE BASED ON THE CONTRACT AWARD AMOUNTAND WILL BE DETERMINED <br />USING THE REFERENCED FDOT CRITERIA. <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 Exhibit 1. <br />B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: <br />Numerical Amount: $78,016.53 <br />Written Amount: Seventy-eight thousand sixteen dollars and fifty-three cents <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 five percent (5%) of the payment amount due to CONTRACTOR <br />until substantial completion and acceptance of all work to be performed by CONTRACTOR <br />under the Contract Documents. <br />For construction projects less than $10 million, at the time the Owner is in receipt of the <br />Certificate of Substantial Completion, the Owner shall have 30 calendar days to provide a <br />list to the Contractor of items to be completed and the estimated cost to complete each <br />item on the list. Owner and Contractor agree that the Contractor's itemized bid shall serve <br />as the basis for determining the cost of each item on the list. For projects in excess of $10 <br />million, owner shall have up to 45 calendar days following receipt of Certificate of <br />Substantial Completion of the project to provide contractor with said list. <br />C. Within 20 business days following the creation of the list, Owner shall pay Contractor the <br />remaining contract balance including all retainage previously withheld by Owner except for <br />an amount equal to 150% of the estimated cost to complete all of the items on the list. <br />Upon completion of all items on the list, the Contractor may submit a payment request for <br />the amount of the 150% retainage held by the Owner. If a good faith dispute exists as to <br />Page 24 of 34 <br />