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2009-011
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2009-011
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Last modified
3/1/2016 1:51:01 PM
Creation date
10/1/2015 12:51:50 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/13/2009
Control Number
2009-011
Agenda Item Number
8.J.
Entity Name
Timorthy Rose Contracting
Subject
129th Place Subdivision Water Assessment Project
Area
129th. Place
Supplemental fields
SmeadsoftID
7747
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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 /> ( b ) From 46 calendar days to 60 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 /> Completion of all tasks outlined above ( i . e . , Subparagraphs a , b , and c) 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 thereof <br /> allowed in accordance with Article 12 of the General Conditions . They also recognize the <br /> delays , expense and difficulties involved in proving in a legal proceeding the actual loss <br /> suffered by OWNER if the work is not completed on time . Accordingly, instead of requiring <br /> any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay <br /> (but not as a penalty) CONTRACTOR shall pay OWNER four-hundred and fifty dollars <br /> ($450 . 00) for each day that expires after the time specified in Paragraph 3. 1 for Substantial <br /> Completion , if CONTRACTOR shall neglect, refuse or fail to complete the remaining work <br /> within the Contract Time or any proper extension thereof granted by OWNER, <br /> CONTRACTOR shall pay OWNER four-hundred and fifty dollars ($450 . 00) for each day <br /> that expires after the time specified in Paragraph 3 . 1 for completion and readiness for final <br /> payment. <br /> ARTICLE 4 CONTRACT PRICE <br /> 4. 1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the <br /> Contract Documents in current funds in the amount of $30 , 706 . 20 . <br /> ARTICLE 5 PAYMENT PROCEDURES <br /> CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General <br /> Conditions . Applications for Payment will be processed by ENGINEER as provided in the General <br /> Conditions and the Contract Documents. <br /> 5. 1 Progress Payments, The OWNER shall make progress payments to the CONTRACTOR on <br /> the basis of the approved partial payment request as recommended by ENGINEER in <br /> accordance with the provisions of the Local Government Prompt Payment Act, Florida <br /> Statutes section 218. 70 et. seq . The OWNER shall retain ten percent ( 10% ) of the payment <br /> amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After <br /> fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER <br /> in writing , OWNER shall retain five percent (5%) of the payment amount due to <br /> CONTRACTOR until final completion and acceptance of all work to be performed by <br /> 00530-2 <br />
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