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2006-417-2of2
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2006-417-2of2
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Last modified
9/1/2016 4:32:45 PM
Creation date
9/30/2015 10:24:29 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/12/2006
Control Number
2006-417
Agenda Item Number
11.I.1.
Entity Name
Kimley-Horn Associates, Inc.
Subject
Oslo Road (CR 606) Phase I, Road Widening
Project Number
9705C
Supplemental fields
SmeadsoftID
5987
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additions or modifications to the construction services work provided under the <br /> Contract Documents. <br /> B. 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 shall <br /> contain the CONTRACTOR' s certification . All progress payments will be on the basis of <br /> progress of the work measured by the schedule of values established , or in the case of <br /> unit price work based on the number of units completed . After fifty percent (50%) <br /> completion , and pursuant to Florida Statutes section 218. 735(8) (d) , the CONTRACTOR <br /> may submit a pay request to the County as OWNER for up to one half ( 1 /2) of the <br /> retainage held by the County as OWNER , and the County as OWNER shall promptly <br /> make payment to the CONTRACTOR unless such amounts are the subject of a good <br /> faith 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 as OWNER or the <br /> CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is <br /> attributable to the labor, services, or materials supplied by one or more subcontractors <br /> or suppliers, the Contractor shall timely remit payment of such retainage to those <br /> subcontractors and suppliers . Pursuant to Florida Statutes section 218 . 735(8) (c) (2005) , <br /> CONTRACTOR further acknowledges and agrees that: 1 ) the County as OWNER shall <br /> 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 <br /> (50%) completion ; and 2) CONTRACTOR will not seek release from the County as <br /> OWNER of the withheld retainage until the final pay request. <br /> C . Paragraphs 6. 02 A and 6.02 B 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 funds and <br /> are subject to federal grantor laws and regulations or requirements that are contrary to <br /> any provision of the Local Government Prompt Payment Act. In such event , payment <br /> and retainage provisions shall be governed by the applicable grant requirements and <br /> guidelines . <br /> 6. 03 Acceptance and Final Payment <br /> Upon receipt of written notice that the work is ready for final inspection and acceptance, the <br /> ENGINEER will promptly make such inspection and when the ENGINEER finds the work <br /> acceptable under the terms of the Contract and the Contract fully performed , the ENGINEER <br /> will promptly issue a final completion certificate stating that the work provided for in this <br /> Contract has been completed , and acceptance by the OWNER under the terms and the condi - <br /> tions thereof is recommended and the entire balance found to be due the CONTRACTOR , will <br /> be paid to the CONTRACTOR by the OWNER following County Commission approval of the <br /> final Contract payment. <br /> 6 .04 Acceptance of Final Payment as Pelease <br /> The acceptance by the CONTRACTOR of final payment shall be and shall operate as a <br /> release to the OWNER from all claims and all liability to the CONTRACTOR other than <br /> claims in stated amounts as may be specifically excepted by the CONTRACTOR for all <br /> things done or furnished in connection with the work under this Contract and for every <br /> act and neglect of the OWNER and others relating to or arising out of the work. Any <br /> payment, however, final or otherwise , shall not release the CONTRACTOR or its <br /> sureties from any obligations under the Contract Documents or the Payment and <br /> Performance Bonds . <br /> 00520 - 4 00520 - Agreement (Public Works) 2006091 <br /> C?Documents and Sebings\klacksonLLocel Settings\Tertporary Internet Files\OLKMM520 - Agreement (Public Works) 2000091 .tloc Rev. 0&el <br />
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