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2007-043
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2007-043
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Last modified
5/3/2016 2:19:48 PM
Creation date
9/30/2015 10:34:17 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/06/2007
Control Number
2007-043
Agenda Item Number
11.J.3
Entity Name
SPS Contracting, Inc.of Vero Beach
Subject
Force main for waste water transmission
Area
82nd Ave. and 8th St. to9 58th Ave. and 5th St. SW
Project Number
UCP-2628
Bid Number
2007028
Supplemental fields
SmeadsoftID
6111
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r V.i <br /> ARTICLE 5. PAYMENT PROCEDURES. <br /> CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the <br /> General Conditions . Applications for Payment will be processed by ENGINEER as <br /> provided in the General Conditions. <br /> 5. 1 Progress Payments. The OWNER shall make progress payments to the <br /> CONTRACTOR on the basis of the approved partial payment request as <br /> recommended by ENGINEER in accordance with the provisions of the Local <br /> Government Prompt Payment Act, Florida Statutes section 218.70 et. seq . The <br /> 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 <br /> percent (50%) completion of the work is attained as certified to OWNER by <br /> ENGINEER in writing , OWNER shall retain five percent (5%) of the payment <br /> amount due to CONTRACTOR until final completion and acceptance of all work <br /> to be performed by CONTRACTOR under the Contract Documents. Pursuant to <br /> Florida Statutes section 218.735(8) (b) , fifty percent (50%) completion means the <br /> point at which the County as OWNER has expended fifty percent (50%) of the <br /> total cost of the construction services work purchased under the Contract <br /> Documents, together with all costs associated with existing change orders and <br /> other additions or modifications to the construction services work provided under <br /> 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 <br /> payment shall contain the CONTRACTOR's certification . All progress payments <br /> will be on the basis of progress of the work measured by the schedule of values <br /> established , or in the case of unit price work based on the number of units <br /> completed. After fifty percent (50%) completion , and pursuant to Florida <br /> Statutes section 218.735(8) (d) , the CONTRACTOR may submit a pay request to <br /> the County as OWNER for up to one half ( 1 /2) of the retainage held by the <br /> County as OWNER , and the County as OWNER shall promptly make payment to <br /> the CONTRACTOR unless such amounts are the subject of a good faith dispute ; <br /> the subject of a claim pursuant to Florida Statutes section 255 .05(2005) ; or <br /> otherwise the subject of a claim or demand by the County as OWNER or the <br /> CONTRACTOR . The CONTRACTOR acknowledges that where such retainage <br /> 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 <br /> section 218 . 735(8) (c) (2005) , CONTRACTOR further acknowledges and agrees <br /> that: 1 ) the County as OWNER shall receive immediate written notice of all <br /> decisions made by CONTRACTOR to withhold retainage on any subcontractor at <br /> greater 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 /> 5.3 Paragraphs 5 . 1 . 1 and 5.2 do not apply to construction services work purchased <br /> by the County as OWNER which are paid for, in whole or in part, with federal <br /> funds and are subject to federal grantor laws and regulations or requirements <br /> that are contrary to any provision of the Local Government Prompt Payment Act. <br /> 044572015 <br /> 00530-3 <br />
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