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2012-091A
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2012-091A
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Last modified
12/28/2015 11:49:59 AM
Creation date
10/1/2015 4:24:04 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Migration
Approved Date
05/22/2012
Control Number
2012-091A
Agenda Item Number
8.F.
Entity Name
Timothy Rose Contracting
Subject
Contract Documents and Specifications
Drainage Culvert Replacements
Area
7th Ave. SW 17th Lane SW
Project Number
1142
Bid Number
2012037
Supplemental fields
SmeadsoftID
11159
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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 - Agreement ( Public Works) REV 04-07 (2) <br /> 00520 - 4 <br /> C \Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content. Outlook\24026LX8\00520 - Agreement ( Public Works) REV 04-07 (2 ). doc <br />
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