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Last modified
12/11/2025 1:38:17 PM
Creation date
12/11/2025 1:38:16 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/18/2025
Control Number
2025-061
Agenda Item Number
9.H.
Entity Name
Viking Painting, LLC
Subject
Section0520 Agreement for Gifford Water Tank Structural Rehabilitation Phase 2
Bid Number
2025067
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6.02 Progress Payments. <br /> A. The OWNER shall make progress payments to the CONTRACTOR on <br /> the basis of the approved partial payment request as recommended by <br /> ENGINEER in accordance with the provisions of the Local Government <br /> Prompt Payment Act, Florida Statutes section 218.70 et. seq. The <br /> OWNER shall retain five percent (5%) of the payment amounts due to <br /> the CONTRACTOR until substantial completion of all work to be <br /> performed by CONTRACTOR under the Contract Documents. <br /> B. For construction projects less than $10 million, at the time the OWNER <br /> is in receipt of the Certificate of Substantial Completion, the OWNER <br /> shall have 30 calendar days to provide a list to the CONTRACTOR of <br /> items to be completed and the estimated cost to complete each item on <br /> the list. OWNER and CONTRACTOR agree that the CONTRACTOR'S <br /> itemized bid shall serve as the basis for determining the cost of each <br /> item on the list. For projects in excess of $10 million, OWNER shall <br /> have up to 45 calendar days following receipt of Certificate of <br /> Substantial Completion of the project to provide CONTRACTOR with <br /> said list. <br /> C. Payment of Retainage-Within 20 business days following the creation <br /> of the list, OWNER shall pay CONTRACTOR the remaining contract <br /> balance including all retainage previously withheld by OWNER except <br /> for an amount equal to 150% of the estimated cost to complete all of <br /> 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 <br /> 150% retainage held by the OWNER. If a good faith dispute exists as <br /> to whether one or more of the items have been finished, the OWNER <br /> may continue to withhold the 150% of the total cost to complete such <br /> items. The OWNER shall provide CONTRACTOR written reasons for <br /> disputing completion of the list. <br /> 6.03 Pay Requests. <br /> A. Each request for a progress payment shall be submitted on the <br /> application provided by OWNER and the application for payment shall <br /> contain the CONTRACTOR'S certification. All progress payments will <br /> be on the basis of progress of the work measured by the schedule of <br /> values established, or in the case of unit price work based on the <br /> 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 <br /> OWNER which are paid for, in whole or in part, with federal funds and are <br /> subject to federal grantor laws and regulations or requirements that are <br /> contrary to any provision of the Local Government Prompt Payment Act. In <br /> such event, payment and retainage provisions shall be governed by the <br /> applicable grant requirements and guidelines. <br /> 6.05 Acceptance of Final Payment as Release. <br />
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