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2013-223
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2013-223
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Last modified
12/11/2015 11:24:14 AM
Creation date
10/1/2015 5:44:21 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/12/2013
Control Number
2013-223
Agenda Item Number
8.G.
Entity Name
Young's Communication Co.
Subject
Utility Conflicts US Highway 1 widening
Area
US Highway 1 south Oslo Road to County Line
Bid Number
2014-008
Supplemental fields
SmeadsoftID
12601
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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 /> 5 . 2 Pay Requests. Each request for a progress payment shall be submitted on the <br /> application for payment form supplied by OWNER and the application for payment <br /> shall contain the CONTRACTOR's certification . All progress payments will be on the <br /> basis of progress of the work measured by the schedule of values established , or in <br /> the case of unit price work based on the number of units completed . After fifty percent <br /> (50%) completion , and pursuant to Florida Statutes section 218. 735(8)(d) , the <br /> CONTRACTOR may submit a pay request to the County as OWNER for up to one half <br /> ( 1 /2) of the retainage held by the County as OWNER , and the County as OWNER <br /> shall promptly make payment to the CONTRACTOR unless such amounts are the <br /> subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes <br /> section 255 . 05(2005) ; or otherwise the subject of a claim or demand by the County as <br /> 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 <br /> retainage to those subcontractors and suppliers . Pursuant to Florida Statutes section <br /> 218 .735(8)(c)(2005) , CONTRACTOR further acknowledges and agrees that: 1 ) the <br /> County as OWNER shall receive immediate written notice of all decisions made by <br /> CONTRACTOR to withhold retainage on any subcontractor at greater than five percent <br /> (5%) after fifty percent (50%) completion ; and 2) CONTRACTOR will not seek release <br /> from the County as OWNER of the 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 <br /> County as OWNER which are paid for, in whole or in part, with federal funds and are <br /> subject to federal grantor laws and regulations or requirements that are contrary to any <br /> provision of the Local Government Prompt Payment Act. In such event, payment and <br /> retainage provisions shall be governed by the applicable grant requirements and <br /> guidelines . <br /> 5 .4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work <br /> is ready for final inspection and acceptance , the ENGINEER will promptly make <br /> such inspection and when the ENGINEER finds the work acceptable under the <br /> terms of the Contract and the Contract fully performed , the ENGINEER will promptly <br /> issue a final completion certificate stating that the work provided for in this Contract <br /> has been completed , and acceptance by the OWNER under the terms and the <br /> conditions thereof is recommended and the entire balance found to be due the <br /> CONTRACTOR , will be paid to the CONTRACTOR by the OWNER following <br /> County Commission approval of the final Contract payment. <br /> 5 . 5 Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR <br /> of final payment shall be and shall operate as a release to the OWNER from all <br /> claims and all liability to the CONTRACTOR other than claims in stated amounts as <br /> may be specifically excepted by the CONTRACTOR for all things done or furnished <br /> in connection with the work under this Contract and for every act and neglect of the <br /> 00530-4 <br />
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