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2010-298
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2010-298
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Last modified
2/23/2016 12:00:50 PM
Creation date
10/1/2015 1:28:47 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/07/2010
Control Number
2010-298
Agenda Item Number
8.N.
Entity Name
Timothy Rose Contracting
Subject
Quail Creek Subdivision
Area
Quail Creek Subdivision
Project Number
2004020196-45291
Bid Number
2011012
Supplemental fields
SmeadsoftID
9143
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the provisions of the Local Government Prompt Payment Act , Florida Statutes section <br /> 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 <br /> percent ( 50 % ) completion of the work is attained as certified to OWNER by ENGINEER <br /> in writing , OWNER shall retain five percent ( 5 % ) of the payment amount due to <br /> CONTRACTOR until final completion and acceptance of all work to be performed by <br /> CONTRACTOR under the Contract Documents . Pursuant to Florida Statutes section <br /> 218 . 735 ( 8 ) ( b ) , fifty percent ( 50 % ) completion means the point at which the County as <br /> 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 <br /> existing change orders and other additions or modifications to the construction services <br /> work provided under the Contract Documents , <br /> 6 . 03 Pay Requests . <br /> A . Each request for a progress payment shall be submitted on the application for payment <br /> 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 <br /> the work measured by the schedule of values established , or in the case of unit price <br /> work based on the number of units completed . After fifty percent ( 50 % ) completion , and <br /> pursuant to Florida Statutes section 218 . 735 ( 8 ) ( d ) , the CONTRACTOR may submit a <br /> pay request to the County as OWNER for up to one half ( 1 /2 ) of the retainage <br /> held by <br /> the County as OWNER , and the County as OWNER shall promptly make payment to <br /> the CONTRACTOR unless such amounts are the subject of a good faith dispute ; the <br /> 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 <br /> CONTRACTOR acknowledges that where such retainage is attributable to the labor , <br /> services , or materials supplied by one or more subcontractors or suppliers , the <br /> Contractor shall timely remit payment of such retainage to those subcontractors and <br /> suppliers . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( c ) ( 2005 ) , CONTRACTOR <br /> 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 <br /> 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 <br /> the withheld retainage until the final pay request . <br /> 6 . 04 Paragraphs 6 . 02 and 6 . 03 do not apply to construction services work purchased by <br /> the <br /> County 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 shall <br /> be governed by the applicable grant requirements and guidelines . <br /> 6 . 05 Acceptance of Final Payment as Release . <br /> A . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a <br /> release to the OWNER from all claims and all liability to the CONTRACTOR other than <br /> claims in stated amounts as may be specifically excepted by the CONTRACTOR for all <br /> things done or furnished in connection with the work under this Contract and for every <br /> act and neglect of the OWNER and others relating to or arising out of the work . <br /> Any <br /> payment , however , final or otherwise , shall not release the CONTRACTOR or its <br /> sureties from any obligations under the Contract Documents or the Public Construction <br /> Bond . <br /> 00520 - 4 00520 - Agreement ( Public Works ) ( 3 ) <br /> C : \Documents and Settings\mmclaughlin\ Local Settings\Temporary Internet Files\Content . Outlook\HNGB311Z\00520 - Agreement <br /> ( Public Works ) ( 3 ) . doc <br />
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