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2006-289
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2006-289
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Last modified
8/25/2016 11:37:01 AM
Creation date
9/30/2015 9:58:11 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/22/2006
Control Number
2006-289
Agenda Item Number
7.B.B.B.
Entity Name
Underground Utilities Inc.
Subject
Crystal Sands Subdivision Water Assessment
Supplemental fields
SmeadsoftID
5780
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ARTICLE 4. CONTRACT PRICE . <br /> 4. 1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the <br /> Contract Documents in current funds in the amount of $ 1393240.00 . <br /> ARTICLE 5. PAYMENT PROCEDURES . <br /> 5 . 1 . Progress Payments . The Owner shall make progress payments to the Contractor on <br /> the basis of 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 . <br /> 5 . 1 . 1 . 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 (5% ) of the payment amount due to <br /> Contractor until final completion and acceptance of all Work to be performed <br /> by Contractor under the Contract Documents . Pursuant to Florida Statutes <br /> section 218. 735( 8)( b), fifty percent (50% ) completion means the point at <br /> which the County as Owner has expended fifty percent (50 % ) of the total <br /> cost of the construction services Work purchased under the Contract <br /> Documents , together with all costs associated with existing change orders <br /> and other additions or modifications to the construction services Work <br /> 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 <br /> percent (50% ) completion , and pursuant to Florida Statutes section 218. 735(8)(d ), <br /> the 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, and the County shall promptly make <br /> payment to the Contractor unless such amounts are the subject of a good faith <br /> dispute; 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 or the Contractor. The <br /> Contractor acknowledges that where such retainage is attributable to the labor, <br /> services, or materials supplied by one or more subcontractors or suppliers , the <br /> Contractor shall timely remit payment of such retainage to those subcontractors and <br /> suppliers . Pursuant to Florida Statutes section 218 . 735( 8 )(c)(2005), Contractor <br /> further acknowledges and agrees that: 1 ) the County shall receive immediate written <br /> notice of all decisions made by Contractor to withhold retainage on any <br /> subcontractor at greater than five percent (5% ) after fifty percent (50% ) completion ; <br /> and 2) Contractor will not seek release from the County of the withheld retainage <br /> until the final pay request. <br /> 5 .3 Paragraphs 5. 1 . 1 and 5 . 2 do not apply to construction services Work purchased by <br /> the County as Owner which are paid for, in whole or in part, with federal funds and <br /> are subject to federal grantor laws and regulations or requirements that are contrary <br /> to any provision of the Local Government Prompt Payment Act. In such event, <br /> payment and retainage provisions shall be governed by the applicable grant <br /> 00530 EJCDC - Agreement between Owner and Contractor.doc <br /> 00530-3 <br /> F:WtilitiaWTILITY - ENGINEERINGXProjed - Assessment Projecls\CRYSTAL SANDS WATER SERVICE - UCP#250AEngineedng IternOS)D Summery, Evaluation & <br />
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