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2010-091
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2010-091
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Last modified
2/10/2016 10:22:54 AM
Creation date
10/1/2015 2:09:36 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/06/2010
Control Number
2010-091
Agenda Item Number
12.J.1.
Entity Name
R.K. Contractors
Bond-Hanover Insurance Company
Indian River State College
Subject
College Lane Extension Water Main
Supplemental fields
SmeadsoftID
9641
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prevent the OWNER , in case of the CONTRACTOR ' s default , from <br /> terminating the Contractor' s right to proceed as provided in this AGREEMENT . <br /> 3 . 3 . 2 In addition to the above -stated liquidated damages , the CONTRACTOR shall <br /> be responsible for reimbursing OWNER for the cost of third party consultants <br /> in administering the Project beyond the Substantial Completion date specified <br /> in 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 $ 208 , 186 . 00 <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) (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 /> 00530-3 <br />
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