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01/15/2019 (2)
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01/15/2019 (2)
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Last modified
12/31/2019 11:23:42 AM
Creation date
3/12/2019 1:09:13 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
01/15/2019
Meeting Body
Board of County Commissioners
Subject
Dodgertown Agreement
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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 $1,657,419.24. <br />ARTICLE 5 PAYMENT PROCEDURES <br />CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General <br />Conditions. Applications for Payment will be processed by ENGINEER*as provided in the General <br />Conditions and the Contract Documents. <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, Florida <br />Statutes section 218.70 ET. seq. The OWNER shall.retain ten percent (10%) of the payment <br />amounts due to the CONTRACTOR until fifty percent \(59,%) completion of the work After fifty <br />percent (50%) completion of the work is attained as`certified to OWNER`by ENGINEER in <br />writing, OWNER shall retain five percent (5%)-of`he\payment amount due to_CONTRACTOR <br />until final completion and acceptance4f 0. work to be performed by,CONTRACTOR under <br />the Contract Documents. Pursuant to Flonda Statutes section at V35(8) (b), fifty percent <br />(50%) 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 the <br />Contract Documents, together with all,costs associated with existing change orders and other <br />additions or modifications to the "construction services work provided under the Contract <br />Documents. <br />\\\\ <br />5.2 Pay Requests. Each request for awprogress paymrt shall be submitted on the application for <br />payment form supplied byOWNER--and\the application for payment shall contain the <br />CONTRACTOR's certification.'All pr gress payments will be on the basis of progress of the <br />work measured`by the schedule`of'values established, or in the case of unit price work based <br />on the number\of'unite completed\After fifty. percent (50%) completion, and pursuant to <br />Florida Statutes section 218.735(8)(d)�the CONTRACTOR may submit a pay request to the <br />County as OWNEkfor4p tosone'half (1/2) of the retainage held by the County as OWNER, <br />and the County as\OWNER shall promptly make payment to the CONTRACTOR unless such <br />amountsare_the subject of a good faith dispute; the subject of a claim pursuant to Florida <br />Statutes sectionr 255.05(2005); or otherwise the subject of a claim or demand by the County <br />as OWNER othe1CONTRACTOR. The CONTRACTOR acknowledges that where such <br />retainage 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 retainage to <br />those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8) (c) <br />(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER <br />shall 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 (50%) <br />completion; and 2) 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 and 5.2 do not apply to construction services work purchased by the County <br />as OWNER which are paid for, in whole or in part, with federal funds and are subject to <br />federal grantor laws and regulations or requirements that are contrary to any provision of the <br />150 <br />
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