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03/11/2014 (2)
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03/11/2014 (2)
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Last modified
11/5/2019 3:25:11 PM
Creation date
3/23/2016 8:45:52 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
03/11/2014
Meeting Body
Board of County Commissioners
Book and Page
214
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H:\Indian River\Network Files\SL00000D\S0003VB.tif
SmeadsoftID
13692
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not as a penalty) CONTRACTOR shall pay OWNER Four Hundred Fifty Dollars <br /> ($450.00) for each day that expires after the time specified in Paragraph 3.1 for <br /> Completion. <br /> 3.3.1. The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all <br /> or any portion of the above-stated liquidated damages due to the Owner from <br /> payments due to the Contractor; or, in the alternative, all or any portion of the <br /> above-stated liquidated damages may be collected from the Contractor or its <br /> Surety or Sureties. These provisions for liquidated damages shall not prevent the <br /> OWNER, in case of the CONTRACTOR's default, from terminating the <br /> Contractor's right to proceed as provided in this Agreement. <br /> 3.3.2. In addition to the above-stated liquidated damages, the CONTRACTOR shall be <br /> responsible for reimbursing OWNER for all costs incurred by OWNER to third party <br /> consultants in administering the Project beyond the Substantial Completion date <br /> specified in this Agreement, or beyond an approved extension of time granted to <br /> 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 $ <br /> 4.2 Any direct purchase material and equipment will be deducted from the lump sum price <br /> specified in Article 4, 4.1 plus all applicable sales tax. <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 the <br /> General Conditions and the Contract Documents. <br /> 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR <br /> on 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 <br /> payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the <br /> work. After fifty percent (50%) completion of the work is attained as certified to OWNER by <br /> ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due <br /> to CONTRACTOR until final completion and acceptance of all work to be performed by <br /> CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section <br /> 218.735(8)(b), fifty percent (50%) completion means the point at which the County as <br /> OWNER has expended fifty percent (50%) of the total cost of the construction services <br /> work purchased under the Contract Documents, together with all costs associated with <br /> existing change orders and other additions or modifications to the construction services <br /> work provided under the Contract Documents. <br /> 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application <br /> for payment form supplied by OWNER and the application for payment shall contain the <br /> CONTRACTOR's certification. All progress payments will be on the basis of progress of <br /> the work measured by the schedule of values established, or in the case of unit price work <br /> based on the number of units completed. After fifty percent (50%) completion, and <br /> pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay <br /> request to the County as OWNER for up to one half (1/2) of the retainage held by the <br /> 00530-3 <br /> 73 <br />
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