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2012-195B
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2012-195B
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Last modified
1/6/2016 1:24:34 PM
Creation date
10/1/2015 4:47:40 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/23/2012
Control Number
2012-195B
Agenda Item Number
8.H.2
Entity Name
Mancil's Tractor Service Agreement
Subject
West Wabasso Sewer and Drainage Improvement Project Phase 1
Area
Whitfield Subdivision of West Wabasso
Supplemental fields
SmeadsoftID
11616
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l A <br /> this Agreement, or beyond an approved extension of time granted to <br /> CONTRACTOR, whichever date is later. <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 $826. 869 . 25. <br /> 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) <br /> (2005) , CONTRACTOR further acknowledges and agrees that: 1 ) the County as OWNER <br /> shall 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 /> 00530-4 <br />
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