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2017-064A
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2017-064A
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Last modified
6/7/2017 11:48:55 AM
Creation date
6/7/2017 11:47:40 AM
Metadata
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Official Documents
Official Document Type
Agreement
Approved Date
05/09/2017
Control Number
2017-064A
Agenda Item Number
8.H.
Entity Name
Timothy Rose Contracting
Subject
Lateral D Canal Rehabilitation
Repair damage caused by Hurricane Matthew
Bid Number
2017038
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parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding <br />the actual loss suffered by OWNER if the Work is not completed in these times. Accordingly, <br />instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages <br />for delay (but not as a penalty), CONTRACTOR shall pay OWNER $500 for each calendar day that <br />expires after the dates specified in paragraph 3.02.A for Final Completion, until the Work is finally <br />complete and ready for final payment. <br />ARTICLE 4 - CONTRACT PRICE <br />4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to <br />the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph <br />4.01.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 Documents: <br />Numerical Amount: $ 165,700.66 <br />Written Amount: One hundred sixty-five thousand, seven hundred dollars and sixty-six <br />cents <br />ARTICLE 5 - PAYMENT PROCEDURES <br />5.01 Method of Payment <br />Owner shall make only one payment for the entire amount of the contract when the work has been <br />completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will <br />authorize payment to be made. All payments for services shall be made to the CONTRACTOR by <br />the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended <br />from time to time (Section 218.70, Florida Statutes, et seq.). <br />5.02 Acceptance of Final Payment as Release <br />The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the <br />OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as <br />may be specifically excepted by the CONTRACTOR for all things done or furnished in connection <br />with the work under this Agreement and for every act and neglect of the OWNER and others <br />relating to or arising out of the work. Any payment, however, final or otherwise, shall not release <br />the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid <br />or the Public Construction Bond. <br />ARTICLE 6 - INDEMNIFICATION <br />6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from <br />liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to <br />
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