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2013-111A
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2013-111A
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Last modified
12/2/2015 9:12:12 AM
Creation date
10/1/2015 5:25:15 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/18/2013
Control Number
2013-111A
Agenda Item Number
8.O.
Entity Name
Gulf States Industries
Subject
Roof Replacement
Hobart RO Plant, South County RO Plant
South Regional Wastewater Treatment Facilities
Bid Number
2013040
Supplemental fields
SmeadsoftID
12035
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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 Documents . <br /> 5 . 3 . Pay Requests . Each request for a progress payment shall be submitted on the application <br /> 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 <br /> on 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 up <br /> to one half ( 1 /2) of the retainage held by the County as OWNER, and the County as OWNER shall <br /> promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith <br /> dispute; the subject of a claim pursuant to Florida Statutes section 255 . 05(2005) ; or otherwise the <br /> subject of a 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 supplied by <br /> one or more subcontractors or suppliers , the Contractor shall timely remit payment of such retainage <br /> to 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 receive <br /> immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any <br /> subcontractor at greater than five percent (5%) after fifty percent (50%) completion ; and 2) <br /> CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the <br /> final pay request. <br /> 5.4 . Federal Funds . Paragraphs 5 . 2 and 5 . 3 do not apply to construction services work <br /> paid for, in whole or in part, with federal funds and <br /> purchased by the County as OWNER which are <br /> are subject to federal grantor laws and regulations or requirements that are contrary to any provision <br /> of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall <br /> be governed by the applicable grant requirements and guidelines. <br /> ARTICLE 6 FINAL PAYMENT <br /> 6 . 1 . Acceptance And Final Payment: Upon receipt of written notice that the work is ready <br /> for final inspection and acceptance , the ENGINEER will promptly make such inspection and when <br /> the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully <br /> performed , the ENGINEER will promptly issue a final completion certificate stating that the work <br /> provided for in this Contract has been completed , and acceptance by the OWNER under the terms <br /> and the conditions thereof is recommended and the entire balance found to be due the <br /> CONTRACTOR , will be paid to the CONTRACTOR by the OWNER following County Commission <br /> approval of the final Contract payment . <br /> 6 . 2 . Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of <br /> final payment shall be and shall operate as a release to the OWNER from all claims and all liability <br /> to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the <br /> CONTRACTOR for all things done or furnished in connection with the work under this Contract and <br /> for every act and neglect of the OWNER and others relating to or arising out of the <br /> work. Any <br /> payment , however, final or otherwise , shall not release the CONTRACTOR or its sureties from any <br /> obligations under the Contract Documents or the Payment and Performance Bonds . <br /> ARTICLE 7 CONTRACTOR' S REPRESENTATIONS <br /> 7 . 1 . In order to induce OWNER to enter into this Agreement , CONTRACTOR makes the <br /> following representations : <br /> 00530-3 <br />
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