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2013-223
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2013-223
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Last modified
12/11/2015 11:24:14 AM
Creation date
10/1/2015 5:44:21 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/12/2013
Control Number
2013-223
Agenda Item Number
8.G.
Entity Name
Young's Communication Co.
Subject
Utility Conflicts US Highway 1 widening
Area
US Highway 1 south Oslo Road to County Line
Bid Number
2014-008
Supplemental fields
SmeadsoftID
12601
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completed within the times specified in Paragraphs 3 . 1 and 3 . 2 above, plus any <br /> extensions thereof allowed in accordance with Article 12 of the General Conditions. <br /> They also recognize the delays, expense and difficulties involved in proving in a legal <br /> 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 <br /> that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay <br /> OWNER four-hundred and fifty dollars ($450 . 00) for each day that expires alter the <br /> time specified in Paragraph 3 . 1 for Substantial Completion , if CONTRACTOR shall <br /> neglect, refuse or fail to complete the remaining work within the Contract Time or any <br /> proper extension thereof granted by OWNER , CONTRACTOR shall pay OWNER four- <br /> hundred and fifty dollars ($450 . 00) for each day that expires after the time specified in <br /> Paragraph 3 .2 for completion and readiness for final payment. <br /> 3. 3 . 1 The CONTRACTOR and OWNER agree that OWNER is authorized to <br /> deduct all or any portion of the above-stated liquidated damages due to <br /> the Owner from payments due to the Contractor; or, in the alternative, all <br /> or any portion of the above-stated liquidated damages may be collected <br /> from the Contractor or its Surety or Sureties . These provisions for <br /> liquidated damages shall not prevent the OWNER , in case of the <br /> CONTRACTOR's default, from terminating the Contractor's right to <br /> proceed as provided in this AGREEMENT . <br /> 3 . 3 . 2 In addition to the above-stated liquidated damages, the CONTRACTOR <br /> shall be responsible for reimbursing OWNER for the cost of third party <br /> consultants in administering the Project beyond the Substantial <br /> Completion date specified in this Agreement, or beyond an approved <br /> extension of time granted to CONTRACTOR , whichever date is later. <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 $8929365. 10. <br /> ARTICLE 5 PAYMENT PROCEDURES <br /> CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the <br /> General Conditions . Applications for Payment will be processed by ENGINEER as provided in <br /> the General Conditions and the Contract Documents . <br /> 5 . 1 Progress Payments . The OWNER shall make progress payments to the <br /> CONTRACTOR on the basis of the approved partial payment request as <br /> recommended by ENGINEER in accordance with the provisions of the Local <br /> Government Prompt Payment Act, Florida Statutes section 218 . 70 et. seq . The <br /> OWNER shall retain ten percent ( 10%) of the payment amounts due to the <br /> CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent <br /> (50%) completion of the work is attained as certified to OWNER by ENGINEER in <br /> 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 /> 00530-3 <br />
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