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2008-307
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Last modified
4/12/2016 11:33:57 AM
Creation date
10/1/2015 12:38:51 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
09/23/2008
Control Number
2008-307
Agenda Item Number
8.O.
Entity Name
Timothy Rose Contracting
Subject
Contract and Specifications Eagle Trace Subdivision Phase II
Area
NE Corner of Kings Hwy and 61st St. Eagle Trace Subdivision
Project Number
0813
Bid Number
2008074
Supplemental fields
SmeadsoftID
7600
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(50 % ) completion of the work is attained as certified to OWNER by ENGINEER in <br /> writing , OWNER shall retain five percent (5 % ) of the payment amount due to <br /> CONTRACTOR until final completion and acceptance of all work to be performed by <br /> CONTRACTOR under the Contract Documents . Pursuant to Florida Statutes section <br /> 218 . 735 (8 )(b ) , fifty percent (50% ) completion means the point at which the County as <br /> OWNER has expended fifty percent (50 % ) of the total cost of the construction services <br /> work purchased under the Contract Documents , together with all costs associated with <br /> existing change orders and other additions or modifications to the construction services <br /> work provided under the Contract Documents . <br /> 6 . 03 Pay Requests. <br /> A . Each request for a progress payment shall be submitted on the application for payment <br /> form supplied by OWNER and the application for payment shall contain the <br /> CONTRACTOR ' S certification . All progress payments will be on the basis of progress of <br /> the work measured by the schedule of values established , or in the case of unit price <br /> work based on the number of units completed . After fifty percent (50 % ) completion , and <br /> pursuant to Florida Statutes section 218 . 735 (8 )(d ) , the CONTRACTOR may submit a <br /> pay request to the County as OWNER for up to one half ( 1 /2 ) of the retainage held by <br /> the County as OWNER , and the County as OWNER shall promptly make payment to the <br /> CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject <br /> of a claim pursuant to Florida Statutes section 255 . 05 (2005 ) ; or otherwise the subject of <br /> a claim or demand by the County as OWNER or the CONTRACTOR . The <br /> CONTRACTOR acknowledges that where such retainage is attributable to the labor, <br /> services , or materials supplied by one or more subcontractors or suppliers , the <br /> Contractor shall timely remit payment of such retainage to those subcontractors and <br /> suppliers . Pursuant to Florida Statutes section 218 . 735(8 )(c) (2005 ) , CONTRACTOR <br /> further acknowledges and agrees that : 1 ) the County as OWNER shall receive <br /> immediate written notice of all decisions made by CONTRACTOR to withhold retainage <br /> on any subcontractor at greater than five percent (5 % ) after fifty percent (50 % ) <br /> completion ; and 2 ) CONTRACTOR will not seek release from the County as OWNER of <br /> the withheld retainage until the final pay request. <br /> 6 . 04 Paragraphs 6 . 02 and 6 . 03 do not apply to construction services work purchased by the <br /> County as OWNER which are paid for, in whole or in part, with federal funds and are <br /> subject to federal grantor laws and regulations or requirements that are contrary to any <br /> provision of the Local Government Prompt Payment Act. In such event, payment and <br /> retainage provisions shall be governed by the applicable grant requirements and <br /> guidelines . <br /> 6 . 05 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 Contract 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 <br /> sureties from any obligations under the Contract Documents or the Payment and <br /> Performance Bonds . <br /> 00520 - Agreement (Public Works) REV 04-07.doc <br /> 00520 - 4 <br /> F:AEnginsering%Speaal ProjectMEapb Trace Phase 20ontrad Docunments\Eagle Trace subdivision Phase 11\00520 - Agreement (Public Works) REV 04.07.60c <br />
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