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2022-253B
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Last modified
12/22/2022 11:47:09 AM
Creation date
12/22/2022 11:46:33 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/20/2022
Control Number
2022-253B
Agenda Item Number
8.L.
Entity Name
Guettler Brothers Construction, Inc.
Subject
Agreement for Post Hurricane County Park Emergency Dune Repairs
at Various County Beach Parks
Project Number
IRC-2227
Bid Number
2023014
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CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall <br />pay OWNER $1,170.00 for each calendar day that expires after the time specified in paragraph 3.02 <br />for completion and readiness for final payment until the Work is completed and ready for final <br />payment. <br />ARTICLE 4 - CONTRACT PRICE <br />OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of <br />the amounts determined at the prices stated in CONTRACTOR's Price Proposal, attached hereto as Exhibit <br />1. <br />ARTICLE 5 - PAYMENT PROCEDURES <br />5.01 Progress Payments. <br />A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the <br />approved partial payment request in accordance with the provisions of the Local <br />Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall <br />retain five percent (5%) of the payment amount due to CONTRACTOR until final completion <br />and acceptance of all work to be performed by CONTRACTOR under the Contract <br />Documents. <br />5.02 Pay Requests. <br />A. Each request for a progress payment shall be made no more frequently than monthly and <br />shall contain the CONTRACTOR'S certification of completed work. All progress payments <br />will be on the basis of progress of the work measured by the schedule of values <br />established, or in the case of unit price work based on the number of units completed. <br />5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as <br />OWNER which are paid for, in whole or in part, with federal funds and are subject to federal <br />grantor laws and regulations or requirements that are contrary to any provision of the Local <br />Government Prompt Payment Act. In such event, payment and retainage provisions shall be <br />governed by the applicable grant requirements and guidelines. <br />5.04 Acceptance of Final Payment as Release. <br />A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a <br />release to the OWNER from all claims and all liability to the CONTRACTOR other than <br />claims in stated amounts as may be specifically excepted by the CONTRACTOR for all <br />things done or furnished in connection with the work under this Agreement and for every <br />act and neglect of the OWNER and others relating to or arising out of the work. Any <br />payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties <br />from any obligations under this Agreement, the Invitation to Bid or the Public <br />Construction Bond. <br />
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