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2013-039B
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2013-039B
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Last modified
10/29/2015 10:43:05 AM
Creation date
10/1/2015 5:15:06 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/19/2013
Control Number
2013-039B
Agenda Item Number
8.H.
Entity Name
Andrew Sitework of Ft. Myers, Fl.
Subject
Vero Shores Pump Station No. 143 Force Main Replacement
Area
East of Young's Market FEC Railway to Old Dixie
Bid Number
2013019
Supplemental fields
SmeadsoftID
11872
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CONTRACTOR shall pay OWNER Four Hundred and Fifty ($450.00 ) for each day that expires <br /> after the time specified in Paragraph 3 . 1 for completion and readiness for final payment. <br /> ARTICLE 4 CONTRACT PRICE <br /> 4. 1 . OWNER shall pay CONTRACTOR for completion of the work in accordance with the <br /> Contract Documents in current funds in the amount of $184, 217.50 <br /> ARTICLE 5 PAYMENT PROCEDURES <br /> 5 . 1 . General . CONTRACTOR shall submit Applications for Payment in accordance with <br /> Article 14 of the General Conditions . Applications for Payment will be processed by ENGINEER as <br /> provided in the General Conditions and the Contract Documents . <br /> 5 . 2 . Progress Payments , The OWNER shall make progress payments to the <br /> CONTRACTOR on the basis of the approved partial payment request as recommended by <br /> ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida <br /> Statutes section 218 . 70 et. seq . The OWNER shall retain ten percent ( 10% ) of the payment amounts <br /> due to the CONTRACTOR until fifty percent (50% ) completion of the work . After fifty percent (50%) <br /> completion of the work is attained as certified to OWNER by ENGINEER in writing , OWNER shall <br /> retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and <br /> acceptance of all work to be performed by CONTRACTOR under the Contract Documents . Pursuant <br /> to Florida Statutes section 218 . 735 (8) (b) , fifty percent (50%) completion means the point at which the <br /> County as 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 existing <br /> change orders and other additions or modifications to the construction services work provided under <br /> the Contract Documents . <br /> 5 . 3 . Pay Requests . Each request for a progress payment shall be submitted on the <br /> application for payment 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 the work <br /> measured by the schedule of values established , or in the case of unit price work based on <br /> the <br /> number of units completed . After fifty percent (50%) completion , and pursuant to Florida Statutes <br /> section 218 . 735 ( 8) (d) , the CONTRACTOR may submit a pay request to the County as OWNER for <br /> up to one half ( 1 /2) of the retainage held by the County as OWNER , and the County as OWNER <br /> shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good <br /> faith dispute ; the subject of a claim pursuant to Florida Statutes section 255. 05(2005) ; or otherwise <br /> the subject of 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, services , or <br /> materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit <br /> payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes <br /> section 218 . 735(8) (c) (2005) , CONTRACTOR further acknowledges and agrees that : 1 ) the County <br /> as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to <br /> withhold retainage 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 the withheld <br /> retainage until the final pay request . <br /> 5 . 4. Federal Funds . Paragraphs 5 . 2 and 5 . 3 do not apply to construction services work <br /> purchased by the County as OWNER which are paid for, in whole or in part , with federal funds and <br /> are subject to federal grantor laws and regulations or requirements that are contrary to any provision <br /> 00530-3 <br />
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