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Agenda - Council - 06/27/2017
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Agenda - Council - 06/27/2017
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Meetings
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Agenda
Meeting Type
Council
Document Date
06/27/2017
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1. Substantial Completion: Contractor shall pay Owner $1,000.00 for each day that expires after the <br />time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for <br />Substantial Completion until the Work is substantially complete. <br />2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, <br />or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to <br />the Contract) for completion and readiness for final payment, Contractor shall pay Owner <br />$1,000.00 for each day that expires after such time until the Work is completed and ready for <br />final payment. <br />3. Liquidated damages for failing to timely attain Substantial Completion and final completion are <br />not additive and will not be imposed concurrently. <br />ARTICLE 5 — CONTRACT PRICE <br />5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts <br />that follow, subject to adjustment under the Contract: <br />A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each <br />separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that <br />item) <br />B. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. <br />C. The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on <br />estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are <br />not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. <br />ARTICLE 6 — PAYMENT PROCEDURES <br />6.01 Submittal and Processing of Payments <br />A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. <br />Applications for Payment will be processed by Engineer as provided in the General Conditions. <br />6.02 Progress Payments; Retainage <br />A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's <br />Applications for Payment on or about the First and Third Wednesday of each month day of each month <br />during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications <br />for Payment have been submitted in a timely manner and otherwise meet the requirements of the <br />Contract. All such payments will be measured by the Schedule of Values established as provided in the <br />General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the <br />event there is no Schedule of Values, as provided elsewhere in the Contract. <br />1. Prior to Substantial Completion, progress payments will be made in an amount equal to the <br />percentage indicated below but, in each case, less the aggregate of payments previously made <br />and less such amounts as Owner may withhold, including but not limited to liquidated damages, <br />in accordance with the Contract <br />a. 95 percent of Work completed (with the balance being retainage). If the Work has been <br />50 percent completed as determined by Engineer, and if the character and progress of <br />the Work have been satisfactory to Owner and Engineer, then as long as the character <br />and progress of the Work remain satisfactory to Owner and Engineer, there will be no <br />additional retainage; and <br />b. No payment shall be made for materials and equipment not incorporated in the Work. <br />City of Ramsey - R16.111092 <br />April 5, 2017 <br />AGREEMENT <br />PAGE 00520 -2 <br />© Bolton & Menk, Inc. 2016, All Rights Reserved <br />
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