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2024-018
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2024-018
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Last modified
3/25/2024 9:45:34 AM
Creation date
2/15/2024 1:03:35 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/23/2024
Control Number
2024-018
Agenda Item Number
8.G.
Entity Name
Planning & Economic Strategies, LLC
Subject
Agreement for Planning & Consulting Services for the Upper Floridian Aquifer
South Well No. 1 Replacement
Bid Number
2024024
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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 <br />and acceptance of all work to be performed by CONTRACTOR under the Contract <br />Documents. <br />6.03 Pay Requests. <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. <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. Within 20 business days following the creation of the list, Owner shall pay <br />Contractor the remaining contract balance including all retainage previously <br />withheld by Owner except for an amount equal to 150% of the estimated cost to <br />complete all of the items on the list. Upon completion of all items on the list, the <br />Contractor may submit a payment request for the amount of the 150% retainage <br />held by the Owner. If a good faith dispute exists as to whether one or more of the <br />items have been finished, the owner may continue to withhold the 150% of the total <br />cost to complete such items. The owner shall provide Contractor written reasons <br />for disputing completion of the list. <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 />Government Prompt Payment Act. In such event, payment and retainage provisions shall <br />be governed by the applicable grant requirements and guidelines. <br />6.05 Acceptance of Final Payment as Release. <br />
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