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2003-340
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2003-340
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Last modified
3/14/2023 1:51:34 PM
Creation date
9/30/2015 7:10:05 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/16/2003
Control Number
2003-340
Agenda Item Number
7.K.
Entity Name
Henry Fischer and Sons, Inc.
Subject
Dune Restoration Project
Baytree, Marbrisa and Seagrape Trail
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3556
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damages and the cost and effect of the failure of CONTRACTOR to complete <br />the Contract on time. The above -stated liquidated damages shall apply <br />separately to each portion of the Project for which a time for completion is <br />given. The CONTRACTOR and OWNER agree that OWNER is authorized to <br />deduct all or any portion of the above -stated liquidated damages from the <br />monies due to CONTRACTOR for the Work under this Contract as the <br />OWNER deems just and reasonable. In addition to the above -stated <br />liquidated damages, the CONTRACTOR shall be responsible for reimbursing <br />OWNER for all costs incurred by OWNER to third party consultants <br />including, without limiting the generality of the foregoing, any ENGINEER in <br />administering the construction of the Project beyond the Substantial <br />Completion date as specified in the Contract or beyond an approved extension <br />of time granted to CONTRACTOR, whichever date is later. <br />Article 3. THE CONTRACT SUM: The COUNTY will pay the CONTRACTOR for <br />performance of the Contract, subject to additions and deductions provided <br />therein, in current funds as follows: <br />Numerical Amount $ 206,772.50 <br />Written Amount Two Hundred Six Thousand, Seven Hundred <br />Seventy Two Dollars and Fifty Cents <br />Article 4. PAYMENT AND RETAINAGE: Progress payments on the Contract amount <br />for the value of work completed and component material on site will be made <br />upon request at not less than monthly intervals. The request must be made <br />through the ENGINEER on an approved estimate showing the component <br />breakdown of the work for each item completed at the time of the request. <br />Except as may be modified herein, ten percent (10%) of all amounts earned <br />will be retained by the COUNTY until final completion and acceptance of the <br />Contact. CONTRACTOR shall allow adequate processing time for County <br />Commission final acceptance and approval for final payment. The <br />CONTRACTOR shall make the following certification (Affidavit) on each <br />Request for Payment: "I hereby certify that the labor and materials listed on <br />this Request for Payment have been used in the construction of this Work and <br />payment received from the last request for payment has been used to make <br />payments to all subcontractors, laborers, material, men and suppliers except as <br />listed below: <br />Notice of Non -Payment. If one or more "Notice of Non -Payment" or "Notice <br />to OWNER" is received by the OWNER, no further payments will be <br />approved until non-payment(s) have been satisfied and a "Lien Waiver" for <br />each "Notice" has been submitted to the OWNER. Upon request, <br />CONTRACTOR shall furnish acceptable evidence that all such claims have <br />been satisfied. The CONTRACTOR may, with consent of Surety and <br />indemnification of the COUNTY against any claims, receive payment for <br />
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