2010-212 - Laserfiche WebLink

Home Browse Search

3 . 2 Liquidated Damages . OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3 . 1 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . They also recognize the delays , expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time . Accordingly , instead of requiring any such proof , OWNER and CONTRACTOR agree that as liquidated damages for delay ( but not as a penalty) CONTRACTOR shall pay OWNER four- hundred and fifty dollars ( $450 . 00 ) for each day that expires after the time specified in Paragraph 3 . 1 for Substantial Completion under each individual Work Authorizations/Work Orders . If CONTRACTOR shall neglect , refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER , CONTRACTOR shall pay OWNER four- hundred and fifty dollars ( $450 . 00 ) for each day that expires after the time specified in Paragraph 3 . 1 for completion and readiness for final payment . ARTICLE 4 . CONTRACT PRICE , 4 . 1 OWNER shall pay CONTRACTOR for completion of the work , as set forth in each individual Work Authorization /Work Order in accordance with the Contract Documents , the amount and time set forth in each individual Work Authorization/Work Order , based on the prices set forth in the Bid Proposal ( Schedule of Bid Items ) attached to the CONTRACTOR ' s Bid Form . ARTICLE 5 . PAYMENT PROCEDURES . 5 . 1 . Progress Payments . The Owner shall make progress payments to the Contractor on the basis of the approved partial payment request as recommended by Engineer in accordance with the provisions of the Local Government Prompt Payment Act , Florida Statutes section 218 . 70 et . seq . where the amount of the individual Work Authorization /Work Order is in excess of $ 100 , 000 . 00 ( One Hundred Thousand dollars ) . 5 . 2 Retainage . The Owner shall retain ten percent ( 10 % ) of the payment amounts due to the Contractor until fifty percent (50 % ) completion of the Work . After fifty percent (50 % ) completion of the Work is attained as certified to Owner by Engineer in writing , Owner shall retain five percent ( 5 % ) of the payment amount due to Contractor until final completion and acceptance of all Work to be performed by Contractor under the Contract Documents . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( b ) , fifty percent ( 50 % ) completion means the point at which the County as Owner has expended fifty percent ( 50 % ) of the total cost of the construction services Work purchased under the Contract Documents , together with all costs associated with existing change orders and other additions or modifications to the construction services Work provided under the Contract Documents . 5 . 3 . Pay Requests . Each request for a progress payment shall be submitted on the application for payment form supplied by Owner and the application for payment shall contain the Contractor' s certification . All progress payments will be on the basis of progress of the Work measured by the schedule of values established ; or , in the case of unit price work ; based on the number of units completed ; or as otherwise specifically set forth in any specific Work Authorization/Work Order . After fifty percent ( 50 % ) completion , and pursuant to Florida Statutes section 218 . 735 ( 8 ) ( d ) 7 the Contractor may submit a pay request to the County as Owner for up to one half ( 1 /2 ) of the retainage held by the County , and the County shall promptly make payment to the Contractor unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 . 05 (2008 ) ; or otherwise the subject of a claim or demand by the County or the Contractor. The Contractor acknowledges that where such retainage is attributable to the labor, services , or materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers . Al - 00530 Agreement Between County and Derrico (EJCDC ) 00530-2