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2006-092
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2006-092
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Last modified
7/1/2016 3:29:42 PM
Creation date
9/30/2015 9:35:35 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/21/2006
Control Number
2006-092
Agenda Item Number
11.I.4.
Entity Name
Great Lakes Dredge & Dock Company, LLC
Subject
IRC Sector 7 Beach Nourishment
Supplemental fields
SmeadsoftID
5531
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Article 3 . THE CONTRACT SUM: The COUNTY will pay the CONTRACTOR for <br /> performance of the Contract, subject to additions and deductions provided therein, in <br /> current funds as follows : <br /> Numerical Amount $- 13 , 991 , 302 . 15 <br /> Written Amount Thirteen Million , Nine Hundred Ninety One Thousand , <br /> Three Hundred Two and 15/ 100 <br /> Article 4. PAYMENT AND RETAINAGE : <br /> 4. 1 . The Owner shall make progress payments to the Contractor on the basis of the <br /> approved partial payment request as recommended by Engineer in accordance with the <br /> provisions of the Local Government Prompt Payment Act, Florida Statutes section <br /> 218.70 et. seq. at not less than monthly intervals. The request must be made to the <br /> OWNER on an approved form showing the component breakdown of the work for <br /> each item completed at the time of the request. <br /> 4.2 . The Owner shall retain ten percent ( 10%) of the payment amounts due to the <br /> Contractor until fifty percent (50%) completion of the Work. After fifty percent <br /> (50%) completion of the Work is attained as certified to Owner by Engineer in <br /> writing, Owner shall retain five percent (51/o) of the payment amount due to <br /> Contractor until final completion and acceptance of all Work to be performed by <br /> 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 <br /> with existing change orders and other additions or modifications to the construction <br /> services Work provided under the Contract Documents. <br /> 4.3 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 <br /> the Work measured by the schedule of values established, or in the case of unit price <br /> work based on the number of units completed. After fifty percent (501/0) completion, <br /> and pursuant to Florida Statutes section 218 .735(8)(d), the Contractor may submit a <br /> pay request to the County as Owner for up to one half (1 /2) of the retainage held by <br /> the County, and the County shall promptly make payment to the Contractor unless <br /> such amounts are the subject of a good faith dispute; the subject of a claim pursuant <br /> to Florida Statutes section 255 .05 (2005); or otherwise the subject of a claim or <br /> demand by the County or the Contractor. The Contractor acknowledges that where <br /> such retainage is attributable to the labor, services, or materials supplied by one or <br /> more 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 County <br /> shall receive immediate written notice of all decisions made by Contractor to <br /> withhold retainage on any subcontractor at greater than five percent (5 %) after fifty <br /> percent (50%) completion; and .)) Contractor will not seek release from the County of <br /> the withheld retainage until the final pay request. <br /> AGREEMENT A-2 <br />
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