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2010-298
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2010-298
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Last modified
2/23/2016 12:00:50 PM
Creation date
10/1/2015 1:28:47 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/07/2010
Control Number
2010-298
Agenda Item Number
8.N.
Entity Name
Timothy Rose Contracting
Subject
Quail Creek Subdivision
Area
Quail Creek Subdivision
Project Number
2004020196-45291
Bid Number
2011012
Supplemental fields
SmeadsoftID
9143
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paragraph 14 . 07 of the General Conditions on or before the 1201h day after the date <br /> when the Contract Times commence to run . <br /> 4 . 03 Liquidated Damages <br /> A . CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and <br /> that OWNER will suffer financial loss if the Work is not completed within the times <br /> specified in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with <br /> Article 12 of the General Conditions . Liquidated damages will commence for this portion of <br /> work . The parties also recognize the delays , expense , and difficulties involved in proving in <br /> a legal proceeding the actual loss suffered by OWNER if the Work is not completed <br /> on <br /> time . Accordingly , instead of requiring any such proof , OWNER and CONTRACTOR <br /> agree that as liquidated damages for delay ( but not as a penalty ) , CONTRACTOR shall <br /> pay OWNER $ 100 . 00 for each calendar day that expires after the time specified in <br /> paragraph 4 . 02 for Substantial Completion until the Work is substantially complete . After <br /> Substantial Completion , if CONTRACTOR shall neglect , refuse , or fail to complete the <br /> remaining Work within the Contract Time or any proper extension thereof granted by <br /> OWNER , CONTRACTOR shall pay OWNER $ 100 . 00 for each calendar day that expires <br /> after the time specified in paragraph 4 . 02 for completion and readiness for final payment <br /> until the Work is completed and ready for final payment . Payment to CONTRACTOR may <br /> be withheld from progress payment by OWNER . <br /> ARTICLE 5 - CONTRACT PRICE <br /> 5 . 01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the <br /> Contract Documents , an amount in current funds equal to the sum of the amounts <br /> determined pursuant to paragraph 5 . 01 . A and summarized in paragraph 5 . 01 . B , below : <br /> A . For all Work , at the prices stated in CONTRACTOR ' s Bid , attached hereto as an exhibit . <br /> B . THE CONTRACT SUM subject to additions and deductions provided in the Contract : : <br /> Numerical Amount : $ 143 , 137 . 95 <br /> Written Amount : One hundred forty three thousand , one hundred thirty seven dollars <br /> and ninety five cents <br /> ARTICLE 6 - PAYMENT PROCEDURES <br /> 6 . 01 Submittal and Processing of Payments <br /> A . CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of <br /> the General Conditions . Applications for Payment will be processed by ENGINEER as <br /> provided in the General Conditions and the Contract Documents . <br /> 6 . 02 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 <br /> 00520 - 3 00520 - Agreement ( Public Works ) ( 3 ) <br /> C : \ Documents and Settings\mmclaughlin \ Local Settings\Temporary Internet Files\Content . Outlook\HNGB311Z\00520 - Agreement <br /> ( Public Works ) ( 3 ) . doc <br />
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