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2022-165A
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2022-165A
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Last modified
10/17/2022 11:00:59 AM
Creation date
10/17/2022 11:00:00 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/13/2022
Control Number
2022-165A
Agenda Item Number
8.P.
Entity Name
Centerline, Inc.
Subject
Agreement for West Wabasso Septic to Sewer Phase 3B
Bid Number
2022050
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extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred fifty <br />dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Final <br />Completion and readiness for final payment. <br />3.3.1. The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any <br />portion of the above -stated liquidated damages due to the Owner from payments due <br />to the Contractor; or, in the alternative, all or any portion of the above -stated liquidated <br />damages may be collected from the Contractor or its Surety or Sureties. These <br />provisions for liquidated damages shall not prevent the OWNER, in case of the <br />CONTRACTOR's default, from terminating the Contractor's right to proceed as provided <br />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 third party consultants in administering the <br />Project beyond the Substantial Completion date specified in this Agreement, or beyond <br />an approved 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 $1,403,350.48. <br />ARTICLE 5 PAYMENT PROCEDURES <br />CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General <br />Conditions. Applications for Payment will be processed by ENGINEER as provided in the General <br />Conditions and the Contract Documents. <br />5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis <br />of the approved partial payment request as recommended by ENGINEER in accordance with the <br />provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 ET. seq. <br />The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until <br />final completion and acceptance of all work to be performed by CONTRACTOR under the Contract <br />Documents. <br />5.2 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. <br />5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the <br />County as OWNER which are paid for, in whole or in part, with federal funds and are subject to <br />federal grantor laws and regulations or requirements that are contrary to any provision of the <br />Local Government Prompt Payment Act. In such event, payment and retainage provisions shall <br />be governed by the applicable grant requirements and guidelines. <br />5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final <br />inspection and acceptance, the ENGINEER will promptly make such inspection and when the <br />ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully <br />performed, the ENGINEER will promptly issue a final completion certificate stating that the work <br />provided for in this Contract has been completed, and acceptance by the OWNER under the terms <br />and the conditions thereof is recommended and the entire balance found to be due the <br />CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission <br />approval of the final Contract payment. <br />
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