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11/21/2023
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11/21/2023
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Last modified
2/21/2024 9:29:50 AM
Creation date
1/4/2024 10:08:45 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
11/21/2023
Meeting Body
Board of County Commissioners
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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 />1 Reference for liquidated damages amount "Standard Specifications for Road 6 Bridge Construction", Florida Department o1 Transportation (FDOT) FY 2023-24, Section 8-10.2 <br />for projects over $5, 000, 000 but less$10,000,000 than. THE ACTUAL LIQUIDATED DAMAGES AMOUNT WILL BE BASED ON THE CONTRACT AWARD AMOUNTAND WILL <br />BE DETERMINED USING THE REFERENCED FDOT CRITERIA. <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 Government Prompt Payment Act, <br />Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) <br />of the payment amounts due to the CONTRACTOR until substantial completion of <br />all work to be performed by CONTRACTOR under the Contract Documents. <br />B. For construction projects less than $10 million, at the time the Owner is in receipt <br />of the Certificate of Substantial Completion, the Owner shall have 30 calendar days <br />to provide a list to the Contractor of items to be completed and the estimated cost <br />to complete each item on the list. Owner and Contractor agree that the Contractor's <br />itemized bid shall serve as the basis for determining the cost of each item on the <br />list. For projects in excess of $10 million, owner shall have up to 45 calendar days <br />following receipt of Certificate of Substantial Completion of the project to provide <br />contractor with said list. <br />C. Payment of Retainage - Within 20 business days following the creation of the list, <br />Owner shall pay Contractor the remaining contract balance including all retainage <br />previously withheld by Owner except for an amount equal to 150% of the estimated <br />cost to complete all of the items on the list. Upon completion of all items on the list, <br />the Contractor may submit a payment request for the amount of the 150% <br />retainage held by the Owner. If a good faith dispute exists as to whether one or <br />more of the items have been finished, the owner may continue to withhold the <br />150% of the total cost to complete such items. The owner shall provide Contractor <br />written reasons for disputing completion of the list. <br />6.03 Pay Requests.` <br />A. Each req t for a progress payment shall be submitted on the application <br />provided OWNER and the application for payment shall contain the <br />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. <br />6.04 Paragraphs 6.02 and 6.03 <br />do not apply to construction services work purchased by the County as OWNER which <br />are paid for, in whole or in part, with federal funds and are subject to federal grantor laws <br />and regulations or requirements that are contrary to any provision -of the Local <br />Agreement (Public Works) REV 04-07 - 00520 - 4 <br />C:\Granicus\Legistar5\L5\Tem p\08f7d9d8-d519-4be8-833f-Ob440dbd8 W.doa <br />116 <br />
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