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2016-044B
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2016-044B
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Last modified
4/13/2016 1:21:39 PM
Creation date
4/13/2016 1:21:38 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/22/2016
Control Number
2016-044B
Agenda Item Number
8.D.
Entity Name
E&D Contracting Services
Subject
Central Regional Wastewater Treatment Facility
Headworks Rehabilitation
Area
Wastewater Treatment Facility
Bid Number
2016023
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work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and <br /> CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR <br /> shall pay OWNER Four Hundred and Fifty ($450.00) for each day that expires after the time <br /> specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or <br /> fail to complete the remaining work within the Contract Time or any proper extension thereof <br /> granted by OWNER, CONTRACTOR shall pay OWNER Four Hundred and Fifty ($450.00) for <br /> each day that expires after the time specified in Paragraph 3.1 for completion and readiness for <br /> final payment. <br /> ARTICLE 4 CONTRACT PRICE <br /> 4.1. OWNER shall pay CONTRACTOR for completion of the work in accordance with the <br /> Contract Documents in current funds in the amount of$ 350,656.00 <br /> ARTICLE 5 PAYMENT PROCEDURES <br /> 5.1. General CONTRACTOR shall submit Applications for Payment in accordance with <br /> Article 14 of the General Conditions Applications for Payment will be processed by ENGINEER <br /> as provided in the General Conditions and the Contract Documents. <br /> 5 2 Progress Payments The OWNER shall make progress payments to the <br /> CONTRACTOR on the basis of the approved partial payment request as recommended by <br /> ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, <br /> Florida Statutes section 218 70 et. seq The OWNER shall retain ten percent (10%) of the <br /> payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. <br /> After 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 CONTRACTOR <br /> until final completion and acceptance of all work to be performed by CONTRACTOR under the <br /> Contract Documents Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) <br /> completion means the point at which the County as OWNER has expended fifty percent (50%) of <br /> the total cost of the construction services work purchased under the Contract Documents, <br /> together with all costs associated with existing change orders and other additions or modifications <br /> to the construction services work provided under the Contract Documents. <br /> 5 3. Pay Requests Each request for a progress payment shall be submitted on the <br /> application for payment form supplied by OWNER and the application for payment shall contain <br /> the CONTRACTOR's certification All progress payments will be on the basis of progress of the <br /> work measured by the schedule of values established, or in the case of unit price work based on <br /> the number of units completed. After fifty percent (50%) completion, and pursuant to Florida <br /> Statutes section 218 735(8)(d), the CONTRACTOR may submit a pay request to the County as <br /> OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County <br /> as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the <br /> subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section <br /> 255.05(2005), or otherwise the subject of a claim or demand by the County as OWNER or the <br /> CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to <br /> the labor, services, or materials supplied by one or more subcontractors or suppliers, the <br /> Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. <br /> Pursuant to Florida Statutes section 218 735(8)(c)(2005), CONTRACTOR further acknowledges <br /> and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions <br /> 00530-3 <br />
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