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2011-025
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2011-025
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Last modified
1/12/2016 1:40:33 PM
Creation date
10/1/2015 1:39:12 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
02/08/2011
Control Number
2011-025
Agenda Item Number
8.D.
Entity Name
Timothy Rose Contracting
Subject
Indian River Boulevard Sidewalk Improvements
Area
12th Street to 17th Street
Project Number
0745
Bid Number
2011023
Archived Roll/Disk#
112-0006-R
Supplemental fields
SmeadsoftID
9258
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A . CONTRACTOR shall submit Applications for Payment in accordance with Article 14 <br /> of the General Conditions . Applications for Payment will be processed by <br /> ENGINEER as provided in the General Conditions and the Contract Documents . <br /> 6 . 02 Progress Payments. <br /> A . The OWNER shall make progress payments to the CONTRACTOR on the basis of <br /> the approved partial payment request as recommended by ENGINEER in <br /> accordance with the provisions of the Local Government Prompt Payment Act , <br /> Florida Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent <br /> ( 10 % ) of the payment amounts due to the CONTRACTOR until fifty percent <br /> ( 50 % ) completion of the work . After fifty percent ( 50 % ) completion of the work is <br /> attained as certified to OWNER by ENGINEER in writing , OWNER shall retain <br /> five percent ( 5 % ) of the payment amount due to CONTRACTOR until final <br /> 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 <br /> percent ( 50 % ) completion means the point at which the County as OWNER has <br /> expended fifty percent ( 50 % ) of the total cost of the construction services work <br /> purchased under the Contract Documents , together with all costs associated with <br /> existing change orders and other additions or modifications to the construction <br /> services 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 <br /> payment form supplied by OWNER and the application for payment shall contain <br /> the CONTRACTOR 'S certification . All progress payments will be on the basis of <br /> progress of the work measured by the schedule of values established , or in the <br /> case of unit price work based on the number of units completed . After fifty <br /> percent ( 50 % ) completion , and pursuant to Florida Statutes section <br /> 218 . 735 ( 8 ) ( d ) , the CONTRACTOR may submit a pay request to the County as <br /> 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 <br /> unless such amounts are the subject of a good faith dispute ; the subject of a <br /> claim pursuant to Florida Statutes section 255 . 05 ( 2005 ) ; or otherwise the subject <br /> 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 <br /> labor , services , or materials supplied by one or more subcontractors or suppliers , <br /> the Contractor shall timely remit payment of such retainage to those <br /> subcontractors and suppliers . Pursuant to Florida Statutes section <br /> 218 . 735 ( 8 ) ( c ) ( 2005 ) , CONTRACTOR further acknowledges and agrees that : 1 ) <br /> the County as OWNER shall receive immediate written notice of all decisions <br /> made by CONTRACTOR to withhold retainage on any subcontractor at greater <br /> than five percent ( 5 % ) after fifty percent ( 50 % ) completion ; and 2 ) <br /> CONTRACTOR will not seek release from the County as OWNER of the <br /> 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 the <br /> County as OWNER which are paid for , in whole or in part , with federal funds and are subject 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 /> 00520 - 4 00520 - Agreement ( Public Works ) <br /> C:\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content.Outlook\24026LX8\00520 - Agreement (Public Works) .doc <br />
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