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2009-188
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2009-188
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Last modified
3/10/2016 10:10:06 AM
Creation date
9/30/2015 11:34:47 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
07/07/2009
Control Number
2009-188
Agenda Item Number
8.G.
Entity Name
J.W. Cheatham, LLC
Subject
Contract Roadway Improvements
Area
16th St.-74th Ave. to 66th Ave. 66th Ave. -16th St. to SR 60
Project Number
9920, 9810-A,0545
Bid Number
2009037
Supplemental fields
SmeadsoftID
6814
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4.02 Days to Achieve Substantial Completion and Final Payment <br /> A. The Work will be substantially completed on or before the 210 day after the date when the <br /> Contract Times commence to run as provided in paragraph 2 .03 of the General Conditions, <br /> and completed and ready for final payment in accordance with paragraph 14.07 of the <br /> General Conditions on or before the 240 day after the date when the Contract Times <br /> commence to run . <br /> 4.03 Days to Achieve Final Completion and Final Payment <br /> A. The Work will be fully completed (Final Completion) and ready for final payment in <br /> accordance with paragraph 14.07 of the General Conditions on or before the 240 day after <br /> the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the <br /> General Conditions. <br /> 4.04 Liquidated Damages <br /> A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and <br /> that OWNER will suffer financial loss if the Work is not completed within the times specified <br /> in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 <br /> of the General Conditions . Liquidated damages will commence for this portion of work. The <br /> parties also recognize the delays, expense, and difficulties involved in proving in a legal <br /> proceeding the actual loss suffered by OWNER if the Work is not completed on time. <br /> Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that <br /> as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $ <br /> 3.057.00 for each calendar day that expires after the time specified in paragraph 4.02 for <br /> Substantial Completion until the Work is substantially complete. After Substantial <br /> Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work <br /> within the Contract Time or any proper extension thereof granted by OWNER, <br /> CONTRACTOR shall pay OWNER $ 3.057.00 for each calendar day that expires after the <br /> time specified in paragraph 4.02 for completion and readiness for final payment until the <br /> Work is completed 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 . 6, 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: $3 , 994 , 363 , 84 <br /> Written Amount: Three Million nine hundred ninty four thousand three hundred <br /> sixty three dollars and eigthy four cents <br /> 00520 - Agreement (Public Works).doc <br /> 00520 - 3 <br /> C:Oocuments and Setngs\ nclaughlin\ ccal SeningsJenporary Internet Files\01-1<8=52a - Agreement (Public WOBs).doc <br />
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