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2013-018A
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2013-018A
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Last modified
10/27/2015 10:58:52 AM
Creation date
10/1/2015 5:08:42 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/22/2013
Control Number
2013-018A
Agenda Item Number
8.H.
Entity Name
R.J. Sullivan Corp.
Subject
West Regional WWTP Anaerobic
Tanks Odor Control System Design
Bid Number
2013013
Supplemental fields
SmeadsoftID
11748
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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . R . SMITH , CLERK <br /> 5 . 2 Pay Requests . Each request for a progress payment shall be submitted on the application for <br /> j 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 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 <br /> shall be governed by the applicable grant requirements and guidelines . <br /> 5 . 4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is <br /> ready for final inspection and acceptance , the ENGINEER will promptly make such <br /> inspection and when the ENGINEER finds the work acceptable under the terms of the <br /> Contract and the Contract fully performed , the ENGINEER will promptly issue a final <br /> completion certificate stating that the work provided for in this Contract has been <br /> completed , and acceptance by the OWNER under the terms and the conditions thereof is <br /> recommended and the entire balance found to be due the CONTRACTOR , will be paid to <br /> the CONTRACTOR by the OWNER following County Commission approval of the final <br /> Contract_ payment. <br /> 5 . 5 Acceptance of Final Payment as Release . The acceptance by the . CONTRACTOR of final <br /> payment shall be and shall operate as a release to the OWNER. from all claims and all <br /> liability to the CONTRACTOR other than claims in stated amounts as may be specifically <br /> excepted by the CONTRACTOR for all things done or furnished in connection with the <br /> work under this Contract and for every act and neglect of the OWNER and others relating <br /> to or arising out of the work . Any payment , however, final or otherwise , shall not release <br /> the CONTRACTOR or its sureties from any obligations under the Contract Documents or <br /> the Payment and Performance Bonds . <br /> ARTICLE 6 INTEREST <br /> Not Applicable . <br /> ARTICLE 7 CONTRACTOR'S REPRESENTATIONS <br /> 00530-3 <br />
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