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2024-191
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2024-191
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Last modified
9/23/2024 12:03:36 PM
Creation date
9/23/2024 12:01:51 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/20/2024
Control Number
2024-191
Agenda Item Number
8.BB.
Entity Name
Timothy Rose Contracting, Inc.
Subject
Agreement for 43rd Avenue Bicycle & Pedestrian Improvements 12th Street to 18th Street;
Project Number
IRC-1818
Bid Number
2024043
Document Relationships
2024-190
(Agenda)
Path:
\Official Documents\2020's\2024
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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 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 <br />days to provide a list to the CONTRACTOR of items to be completed and the <br />estimated cost to complete each item on the list. OWNER and CONTRACTOR <br />agree that the CONTRACTOR'S itemized bid shall serve as the basis for <br />determining the cost of each item on the list. For projects in excess of $10 million, <br />OWNER shall have up to 45 calendar days following receipt of Certificate of <br />Substantial Completion of the project to provide 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 <br />retainage previously withheld by OWNER except for an amount equal to 150% of <br />the estimated cost to complete all of the items on the list. Upon completion of all <br />items on the list, the CONTRACTOR may submit a payment request for the amount <br />of the 150% retainage held by the OWNER. If a good faith dispute exists as to <br />whether one or more of the items have been finished, the OWNER may continue <br />to withhold the 150% of the total cost to complete such items. The OWNER shall <br />provide CONTRACTOR written reasons for disputing completion of the list. <br />6.03 Pay Requests. <br />A. Each request for a progress payment shall be submitted on the application <br />provided by 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 />F:\Purchasing\B1ds\2023-2024 FY (2024000)\2024043 43rd Ave Bike & Pedestrian Impmvements\IRC-1818 Agreement.dooa <br />
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