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2009-039
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2009-039
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Last modified
3/2/2016 12:20:53 PM
Creation date
10/1/2015 3:16:16 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/10/2009
Control Number
2009-039
Agenda Item Number
8.I.
Entity Name
H & D Construction Co.
Subject
SR 60 Utility Improvements
Area
82nd Ave. to I-95
Bid Number
2009027
Supplemental fields
SmeadsoftID
10453
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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 application <br /> for 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 work <br /> based on the number of units completed . After fifty percent ( 50 % ) completion , and <br /> pursuant to Florida Statutes section 218 . 735 ( 8 ) (d ) , the CONTRACTOR may submit a pay <br /> request to the County as OWNER for up to one half ( 1 /2 ) of the retainage held by <br /> the <br /> County as OWNER , and the County as OWNER shall promptly make payment to the <br /> CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject <br /> of a claim pursuant to Florida Statutes section 255 . 05(2005 ) ; or otherwise the subject of a <br /> claim or demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR <br /> acknowledges that where such retainage is attributable to the labor, services , or materials <br /> supplied by one or more subcontractors or suppliers , the Contractor shall timely remit <br /> payment of such retainage to those subcontractors and suppliers . Pursuant to Florida <br /> Statutes 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 decisions <br /> made by CONTRACTOR to withhold retainage on any subcontractor at greater than five <br /> percent ( 5 % ) after fifty percent ( 50 % ) completion ; and 2 ) CONTRACTOR will not seek <br /> release 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 is <br /> ready for final inspection and acceptance , the ENGINEER will promptly make such <br /> inspection and when the ENGINEER finds the work acceptable under the terms of the <br /> Contract and the Contract fully performed , the ENGINEER will promptly issue a final <br /> completion certificate stating that the work provided for in this Contract has been <br /> completed , and acceptance by the OWNER under the terms Iand the conditions thereof <br /> is recommended and the entire balance found to be due the CONTRACTOR , will be <br /> paid to the CONTRACTOR by the OWNER following County Commission approval of <br /> the final Contract payment . <br /> 5 . 5 Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of <br /> final payment shall be and shall operate as a release to the OWNER from all claims and <br /> all liability to the CONTRACTOR other than claims in stated amounts as may be <br /> specifically excepted by the CONTRACTOR for all things done or furnished in <br /> connection with the work under this Contract and for every act and neglect of the <br /> OWNER and others relating to or arising out of the work . Any payment , however , final or <br /> otherwise , shall not release the CONTRACTOR or its sureties from any obligations <br /> under the Contract Documents or the Payment and Performance Bonds . <br /> 00530 - 0 <br />
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