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07/02/2019
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07/02/2019
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12/31/2019 1:32:09 PM
Creation date
9/11/2019 11:32:29 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/02/2019
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B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: <br />Numerical Amount: $ <br />Written Amount: <br />ARTICLE 5 - PAYMENT PROCEDURES <br />5.01 Progress Payments. <br />A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the <br />approved partial payment request as recommended by ENGINEER in accordance with the <br />provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. <br />seq. 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 (50%) <br />completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER <br />shall retain five percent (5%) of the payment amount due to CONTRACTOR until final <br />completion and 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 percent <br />(50%) of the total cost of the construction services work purchased under the Bid and <br />Specification Documents, together with all costs associated with existing change orders and <br />other additions or modifications to the construction services work provided under the <br />Contract Documents. <br />5.02 Pay Requests. <br />A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All <br />progress payments will be on the basis of progress of the work measured by the schedule <br />of values established, or in the case of unit price work based on the number of units <br />completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section <br />218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for <br />up to one 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 amounts are the <br />subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section <br />255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or <br />the 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 furtheracknowledges 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 (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 />82 <br />
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