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Reso 2014-2210
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Reso 2014-2210
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Last modified
7/20/2015 11:16:51 AM
Creation date
4/3/2014 10:48:00 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2210
Date (mm/dd/yyyy)
03/20/2014
Description
Agmt w/Lynx ConstructionMgmt to Construct Wall Under Lehman Cswy, Awd RFP 13-10-02
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constitute a waiver, abandonment or relinquishment of any and all claims resulting from that <br />particular event of delay. <br />ARTICLE 4. NO DAMAGE FOR DELAY <br />In the event construction of the Project is delayed through no fault of Contractor or Owner, it is <br />agreed that Contractor's sole and exclusive remedy is a time extension of the Time for <br />Completion equal to each day the Work is so delayed. The City shall not be liable for any delay <br />damages or damages in any way attributable to performing work out of sequence, acceleration <br />claims, or other similar type claims, incurred by Contractor or any of its Sub - contractors, arising <br />out of or in any way associated with the performance of this Contract. <br />ARTICLE 5. CONTRACT AMOUNT, PROGESS <br />PAYMENTS AND FINAL PAYMENT <br />5.1 The City shall pay to the Contractor, for the faithful performance of all Work in <br />connection with this Project the total amount not to exceed Four Hundred Eighty Four <br />Thousand Six Hundred Five Dollars ($484,605.00). Payment shall be made pursuant to <br />approved applications for payment approved by the City. Payment shall be made within thirty <br />(30) days after the City's receipt of Contractor's Application for Payment, approved by the City, <br />and accompanied by sufficient supporting documentation, and containing sufficient detail, to <br />allow a proper audit of expenditures, should the City require one to be performed. <br />5.2 Contractor may make Application for Payment for Work completed during the <br />Project at intervals of not more than once a month. Contractor's Application for Payment <br />shall include partial release(s) of liens or consent of Surety relative to the portion of the Work, <br />which is the subject of the Application for Payment and any other information required by <br />the City. Each Application for Payment shall be submitted in triplicate to the City for approval. <br />5.3 Ten percent (10 %) of all monies earned by Contractor shall be retained by the City <br />until Final Completion, receipt of closeout documents, and acceptance by the City except that <br />after fifty percent (50 %) of the Work has been completed, the Contractor may request a <br />reduction in the retainage to five percent (5 %) of all monies previously earned and all monies <br />earned thereafter. Any reduction in retainage shall be in accordance with Section 255.078 Florida <br />Statutes. Any interest earned on retainage shall accrue to the benefit of the City. All requests for <br />retainage reduction shall be in writing in a separate stand alone document. <br />5.4 The City may withhold, in whole or in part, payment to such extent as may be necessary to <br />protect itself from loss on account of: <br />5.4.1 Defective Work not remedied by Contractor. <br />5.4.2 Claims filed or reasonable evidence indicating probable filing of <br />claims by other parties against Contractor or the City because of <br />Contractor's performance. <br />5.4.3 Failure of Contractor to make payments properly to Sub- Contractors or <br />for material or labor. <br />5.4.4 Liquidated damages and costs incurred by the City for extended construction <br />rel <br />
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