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The project has been designed by Kimley-Hom and Associates, Inc. , hereinafter called <br /> 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 <br /> connection with completion of the work in accordance with the Contract Documents. <br /> ARTICLE 3. CONTRACT TIME . <br /> 3 . 1 The work will be completed in accordance with the following time frame. <br /> (a) Within 180 calendar days from the effective date of Notice to Proceed , the <br /> CONTRACTOR shall complete the following tasks: <br /> 1 . Install all pipes , valves, and appurtenant items. <br /> 3 . Perform all testing . <br /> 4 . Provide a system to the OWNER which is of beneficial use and allows the <br /> OWNER to provide utility service to their customers with normal <br /> operations . <br /> Completion of all tasks outlined above (i .e. , Subparagraphs a ) constitute Substantial <br /> Completion . <br /> (b) From 181 calendar days to 210 calendar days from the effective date of Notice <br /> to Proceed , the CONTRACTOR shall complete the following tasks : <br /> 1 . Clean up project area . <br /> 2 . Restore all disturbed areas to their pre-construction condition . <br /> 3. Correct all deficiencies noted by Engineer. <br /> 4. Remove all equipment and material from project site . <br /> 5. Perform contract close-out procedures. <br /> Completion of all tasks outlined above (i .e. , Subparagraphs a and b ) constitute Final <br /> Completion . <br /> 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the <br /> essence of this Agreement and that OWNER will suffer financial loss if the work is not <br /> completed within the times specified in Paragraph 3. 1 above, plus any extensions <br /> thereof allowed in accordance with Article 12 of the General Conditions. They also <br /> recognize the delays , expense and difficulties involved in proving in a legal proceeding <br /> the actual loss suffered by OWNER if the work is not completed on time . Accordingly, <br /> instead of requiring any such proof, OWNER and CONTRACTOR agree that as <br /> liquidated damages for delay ( but not as a penalty) CONTRACTOR shall pay OWNER <br /> three hundred and fifty dollars ($350. 00) for each day that expires after the time <br /> specified in Paragraph 3. 1 for Substantial Completion, if CONTRACTOR shall neglect, <br /> refuse or fail to complete the remaining work within the Contract Time or any proper <br /> extension thereof granted by OWNER, CONTRACTOR shall pay OWNER three <br /> hundred and fifty dollars ($350 .00) for each day that expires after the time specified in <br /> Paragraph 3. 1 for completion and readiness for final payment. <br /> 044572007 <br /> 00530-2 <br />