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07/07/2015 (3)
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07/07/2015 (3)
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Last modified
9/2/2015 1:39:06 PM
Creation date
9/2/2015 1:29:33 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/07/2015
Meeting Body
Board of County Commissioners
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6.02 Progress Payments. <br /> A.The OWNER shall make progress payments to the CONTRACTOR on the basis of <br /> 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 ten percent <br /> (10%) of the payment amounts due to the CONTRACTOR until fifty percent <br /> (50%) completion of the work. After fifty percent (50%) completion of the work is <br /> attained as certified to OWNER by ENGINEER in writing, OWNER shall retain <br /> 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 <br /> the Contract Documents. Pursuant to Florida Statutes-section 218.735(8)(b), fifty <br /> percent (50%) completion means the point at which the County as OWNER has <br /> expended fifty percent (50%) of the total cost of`the construction services work <br /> purchased under the Contract Documents, together with all costs associated with <br /> existing change orders and other additions or modifications to the construction <br /> services work provided under the Contract.Documents X <br /> 6.03 Pay Requests. <br /> A.Each request for a progress paYent shit be salt ora ,the application for <br /> payment form supplied by OWN J and t ;'applicatio fopayment shall contain <br /> At'othe CONTRACTOR'S cation 1. r�®ress a mee will be on the basis of <br /> progress of the work ma ed by ' .- hedule of values established, or in the <br /> case of unit price wor 'a.: -°:fie ,,on th"'-'�,,p.umber of units completed. After fifty <br /> percent (50%) comple a e, -k4;.,..!, puns t to Florida Statutes section <br /> 218.735 8 • CONT- TO -y sub* a pay request to the County as <br /> OWNER for' •,,on half ( a .:of t �tainage held by the County as OWNER, <br /> and the County OWN ' sh prom ly make payment to the CONTRACTOR <br /> unl ss;such amo .tts are: d eject of a good faith dispute; the subject of a <br /> cla> �" rsuant to Flo i--Stat ` -__`section 255.05(2005); or otherwise the subject <br /> of a - ` ?,r eman• • the County as OWNER or the CONTRACTOR. The <br /> CONT ACTO< cknowreiggs that where such retainage is attributable to the <br /> fig,- labor, s .,, Ices, 2,t;', :t-,_ialNtipplied by one or more subcontractors or suppliers, <br /> the Co ect.''shall yimely remit payment of such retainage to those <br /> ,. subcontract+ and suppliers. Pursuant to Florida Statutes section <br /> ,' �2 735(8)(c 2005), CONTRACTOR further acknowledges and agrees that: 1) <br /> •ttrrty a WNER shall receive immediate written notice of all decisions <br /> made byaON ( ACTOR to withhold retainage on any subcontractor at greater <br /> than five ;percent (5%) after fifty percent (50%) completion; and 2) <br /> CONTRACTOR will not seek release from the County as OWNER of the <br /> withheld retainage until the final pay request. <br /> 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the <br /> County as OWNER which are paid for, in whole or in part, with federal funds and are subject to <br /> federal grantor laws and regulations or requirements that are contrary to any provision of the <br /> Local 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 /> A. The acceptance by the CONTRACTOR of final payment shall be and shall operate <br /> as a release to the OWNER from all claims and all liability to the CONTRACTOR <br /> 00520-Agreement(Public Works)SAMPLE <br /> 00520-4 27 <br /> F:1Public WorkstENGINEERING DIVISION PROJECTSN506-Gifford Neighborhood 45th St BeautificationlAdminlagenda itemsW0520-Agreement(Public Works) <br /> SAMPLE.doc <br />
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