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2012-063A
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2012-063A
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Last modified
12/18/2015 11:13:16 AM
Creation date
10/1/2015 4:21:39 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/10/2012
Control Number
2012-063A
Agenda Item Number
15.B.1
Entity Name
Comanco Environmental Corporation
Subject
Phase 2 Cell 1 Segment 3 Landfill Expansion Project
EJCDC Standard Form of Agreement Stipulated Price
Archived Roll/Disk#
112-R-0001
Supplemental fields
SmeadsoftID
11115
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ARTICLE 5 PAYMENT PROCEDURES <br /> CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General <br /> Conditions . Applications for Payment will be processed by ENGINEER as provided in the General <br /> Conditions and the Contract Documents , <br /> 5 . 1 Progress Payments . The OWNER shall make progress payments to the CONTRACTOR on <br /> the basis of the approved partial payment request as recommended by ENGINEER in <br /> 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 <br /> amounts due to the CONTRACTOR until fifty percent (50 % ) completion of the work. After fifty <br /> percent ( 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 CONTRACTOR <br /> until final completion and acceptance of all work to be performed by CONTRACTOR under <br /> the Contract Documents . Pursuant to Florida Statutes section 218 . 735 (8) (b) , fifty percent <br /> (50 % ) completion means the point at which the County as OWNER has expended fifty <br /> percent (50% ) of the total cost of the construction services work purchased under the <br /> Contract Documents , together with all costs associated with existing change orders and other <br /> additions or modifications to the construction services work provided under the Contract <br /> Documents . <br /> 5 . 2 Pay Requests . Each request for a progress payment shall be submitted on the application for <br /> 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 <br /> work measured by the schedule of values established , or in the case of unit price work based <br /> on the number of units completed . After fifty percent (50% ) completion , and pursuant to <br /> Florida Statutes section 218 . 735 (8) (d ) , the CONTRACTOR may submit a pay request to the <br /> County as OWNER for up to one half ( 1 /2) of the retainage held by the County as OWNER , <br /> and the County as OWNER shall promptly make payment to the CONTRACTOR unless such <br /> amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida <br /> Statutes section 255 . 05 (2005) ; or otherwise the subject of a claim or demand by the County <br /> as OWNER or the CONTRACTOR . The CONTRACTOR acknowledges that where such <br /> retainage is attributable to the labor, services , or materials supplied by one or more <br /> subcontractors or suppliers , the Contractor shall timely remit payment of such retainage to <br /> those subcontractors and suppliers . Pursuant to Florida Statutes section 218 . 735 (8) (c)(2005) , <br /> CONTRACTOR further acknowledges and agrees that : 1 ) the County as OWNER shall <br /> receive immediate written notice of all decisions made by CONTRACTOR to withhold <br /> 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 <br /> withheld retainage until the final pay request . <br /> 5 . 3 Paragraphs 5 . 1 and 5 . 2 do not apply to construction services work purchased by the County <br /> as OWNER which are paid for, in whole or in part , with federal funds and are subject <br /> to <br /> federal grantor laws and regulations or requirements that are contrary to any provision of the <br /> Local Government Prompt Payment Act . In such event , payment and retainage provisions <br /> shall be governed by the applicable grant requirements and guidelines . <br /> 5 . 4 ACCEPTANCE AND FINAL PAYMENT : Upon receipt of written notice that the work is <br /> ready for final inspection and acceptance , the ENGINEER will promptly make such <br /> inspection and when the ENGINEER finds the work acceptable under the terms of the <br /> Contract and the Contract fully performed , the ENGINEER will promptly issue a final <br /> completion certificate stating that the work provided for in this Contract has been <br /> completed , and acceptance by the OWNER under the terms and the conditions thereof is <br /> 00530-4 <br />
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