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07/08/2014 (3)
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07/08/2014 (3)
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4/4/2018 6:09:29 PM
Creation date
8/29/2017 4:18:34 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/08/2014
Meeting Body
Board of County Commissioners
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ARTICLE 6 - PAYMENT PROCEDURES <br />6.01 Submittal and Processing of Payments <br />A. CONTRACTOR shall submit Applications for Payment in accordance with Article <br />14 of the General Conditions. Applications for Payment will be processed by <br />ENGINEER as provided in the General Conditions and the Contract Documents. <br />6.02 Progress Payments. <br />A. The OWNER shall make progress payments to the CONTRACTOR on the basis <br />of the approved partial payment request as recommended by ENGINEER in <br />accordance with the provisions of the Local Govemment Prompt Payment Act, <br />Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) <br />of the payment amounts due to the CONTRACTOR until fifty percent (50%) <br />completion of the work. After fifty percent (50%) completion of the work is attained <br />as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent <br />(5%) of the payment amount due to CONTRACTOR until final completion and <br />acceptance of all work to be performed by CONTRACTOR under the Contract <br />Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) <br />completion means the point at which the County as OWNER has expended fifty <br />percent (50%) of the total cost of the construction services work purchased under <br />the Contract Documents, together with all costs associated with existing change <br />orders and other additions or modifications to the construction services work <br />provided under the Contract Documents. <br />6.03 Pay Requests. <br />A. 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 <br />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 <br />case of unit price work based on the number of units completed. After fifty percent <br />(50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the <br />CONTRACTOR may submit a pay request to the County as OWNER for up to one <br />half (1/2) of the retainage held by the County as OWNER, and the County as <br />OWNER shall promptly make payment to the CONTRACTOR unless such <br />amounts are the subject of a good faith dispute; the subject of a claim pursuant to <br />Florida Statutes section 255.05(2005); or otherwise the subject of a claim or <br />demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR <br />acknowledges that where such retainage is attributable to the labor, services, or <br />materials supplied by one or more subcontractors or suppliers, the Contractor shall <br />timely remit payment of such retainage to those subcontractors and suppliers. <br />Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further <br />acknowledges and agrees that: 1) the County as OWNER shall receive immediate <br />written notice of all decisions made by CONTRACTOR to withhold retainage on <br />any subcontractor at greater than five percent (5%) after fifty percent (50%) <br />completion; and 2) CONTRACTOR will not seek release from the County as <br />OWNER of the withheld retainage until the final pay request. <br />6.05 Acceptance of Final Payment as Release. <br />00520 - Agreement - Sector 3 Dune Repair Project - Guettler Brothers Construction July 8 2014- sector <br />3 Dune Repair Project <br />00520 - 4 <br />F: Public WorkslJamesGGSector 3 Repair Project\Bitl Evaluation1Notice of Awardv00520 - Agreement - Sector 3 Dune Repair Project - GuatUer Brothers Construction July 8 <br />2014.docx <br />37 <br />
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