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2011-108B
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2011-108B
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Last modified
2/9/2016 1:05:01 PM
Creation date
10/1/2015 2:41:07 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
05/10/2011
Control Number
2011-108B
Agenda Item Number
8.D.
Entity Name
Data Flow Systems,Inc.
Subject
Reuse Distribution Automation System upgrade and automation
Project Number
UCP-4065
Bid Number
2011032
Supplemental fields
SmeadsoftID
10005
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request to the County as OWNER for up to one half ( 1 /2 ) of the retainage held by <br /> the <br /> 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 of <br /> a claim pursuant to Florida Statutes section 255 . 05 ( 2005 ) ; or otherwise the subject of a <br /> claim or demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR <br /> acknowledges that where such retainage is attributable to the labor , services , or materials <br /> 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 <br /> Statutes section 218 . 735 ( 8 ) ( c ) ( 2005 ) , CONTRACTOR further acknowledges and agrees <br /> that : 1 ) the County as OWNER shall receive immediate written notice of all decisions made <br /> by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent <br /> ( 5 % ) after fifty percent ( 50 % ) completion ; and 2 ) CONTRACTOR will not seek release from <br /> the County as OWNER of the 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 <br /> County as OWNER which are paid for , in whole or in part , with federal funds and <br /> 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 /> 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 as been <br /> completed , and acceptance by the OWNER under the terms and the conditions thereof is <br /> recommended and . the entire balance found to be due the CONTRACTOR , will be paid to <br /> the CONTRACTOR by the OWNER following County Commission approval of the final <br /> Contract payment . <br /> 5 . 5 Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of final <br /> payment shall be and shall operate as a release to the OWNER from all claims and all <br /> liability to the CONTRACTOR other than claims in stated amounts as may be specifically <br /> excepted by the CONTRACTOR for all things done or furnished in connection with the work <br /> under this Contract and for every act and neglect of the OWNER and others relating to or <br /> arising out of the work . Any payment , however , final or otherwise , shall not release the <br /> CONTRACTOR or its sureties from any obligations under the Contract Documents or the <br /> Public Construction Bond . <br /> ARTICLE 6 INTEREST <br /> Not Applicable . <br /> ARTICLE 7 CONTRACTOR ' S REPRESENTATIONS <br /> In order to induce OWNER to enter into this Agreement , CONTRACTOR makes the following <br /> representations : <br /> 00530 -4 <br /> P - \ 1 RIfiUIac\t tTfl iTY - FMPLOYEE FOLDERS\Larry Brown\Front End Docs\00530 Acreement Reuse Automation . doc <br />
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