8/17/2017 4:28:37 PM
8/17/2017 4:28:36 PM
Official Document Type
Agenda Item Number
Osprey Acres Floway and Nature Preserve
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4.03 Liquidated Damages <br /> A. CONTRACTOR and OWNER recognize that time is of the essence for this Agreement <br /> and that OWNER will suffer financial loss if the Work is not completed on or before the <br /> date specified in paragraph 4.02 above, plus any extensions thereof allowed in <br /> accordance with Article 12 of the General Conditions. The parties also recognize the <br /> delays, expense, and difficulties involved in proving in a legal proceeding the actual loss <br /> suffered by OWNER if the Work is not completed on time. Accordingly, instead of <br /> requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages <br /> for delay (but not as a penalty), CONTRACTOR shall pay OWNER $2,811.001 for each <br /> calendar day that expires after the date specified in paragraph 4.02 for Final Completion, <br /> until the Work is finally complete and ready for final payment. <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: $ 7,436,921.35 <br /> Written Amount: SEVEN MILLION FOUR HUNDRED THIRTY-SIX THOUSAND <br /> NINE HUNDRED TWENTY-ONE AND 35/100 DOLLARS <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 the <br /> General Conditions. Applications for Payment will be processed by ENGINEER as <br /> provided in the General Conditions. <br /> 6.02 Progress Payments; Retainage <br /> A. OWNER shall make progress payments on account of the Contract Price on the basis of <br /> CONTRACTOR's Applications for Payment at intervals not less than once each month <br /> during performance of the Work as provided in paragraph 6.02.A.1 below. All such <br /> payments will be measured by the schedule of values established in paragraph 2.07.A of <br /> the General Conditions (and in the case of Unit Price Work based on the number of units <br /> completed) or, in the event there is no schedule of values, as provided in the General <br /> Requirements: <br /> 1 Reference for liquidated damages amount: "Standard Specifications for Road and Bridge Construction", <br /> Florida Department of Transportation, July 2017, Section 8-10.2, page 93,for projects of$2,500,000 but <br /> less than $5,000,000. The actual liquidated damages amount will be based on the actual contract award <br /> amount and determined using the referenced Florida Department of Transportation criteria. <br /> 00520-Agreement-ADDENDUM 1 <br /> 00520-2 <br /> F\Purchasing\Bids\2016-2017 FY(2017000)\2017051 Osprey Acres Stormwater Park\00520-Agreement-ADDENDUM 1 doc Rev 05/01 <br />
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