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2008-342
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2008-342
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Last modified
2/6/2026 1:25:14 PM
Creation date
10/1/2015 12:44:34 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
10/21/2008
Control Number
2008-342
Agenda Item Number
8.M.
Entity Name
J.W. Cheatham LLC
Subject
Falcon Trace Project Entrance
Area
17th Lane SW-27th Ave.,21st.St.SW-17th LaneSW
Project Number
0803, 0837, 0838
Bid Number
2008073
Supplemental fields
SmeadsoftID
7654
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6.01 Submittal and Processing of Payments <br />A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 <br />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 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 <br />under the Contract Documents. Pursuant to Florida Statutes section <br />218.735(8)(b), fifty percent (50%) completion means the point at which the <br />County as OWNER has expended fifty percent (50%) of the total cost of the <br />construction services work purchased under the Contract Documents, together <br />with all costs associated with existing change orders and other additions or <br />modifications to the construction services work provided under the Contract <br />Documents. <br />6.03 Pay Requests. <br />A. Each request for a progress payment shall be submitted on the application for <br />payment form supplied by OWNER and the application for payment shall <br />contain the CONTRACTOR'S certification. All progress payments will be on the <br />basis of progress of the work measured by the schedule of values established, <br />or in the case of unit price work based on the number of units completed. After <br />fifty percent (50%) completion, and pursuant to Florida Statutes section <br />218.735(8)(d), the CONTRACTOR may submit a pay request to the County as <br />OWNER for up to one half (1/2) of the retainage held by the County as <br />OWNER, and the County as OWNER shall promptly make payment to the <br />CONTRACTOR unless such amounts are the subject of a good faith dispute; <br />the subject of a claim pursuant to Florida Statutes section 255.05(2005); or <br />otherwise the subject of a claim or demand by the County as OWNER or the <br />CONTRACTOR. The CONTRACTOR acknowledges that where such retainage <br />is attributable to the labor, services, or materials supplied by one or more <br />subcontractors or suppliers, the Contractor shall timely remit payment of such <br />retainage to those subcontractors and suppliers. Pursuant to Florida Statutes <br />section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees <br />that: 1) the County as OWNER shall receive immediate written notice of all <br />decisions made by CONTRACTOR to withhold retainage on any subcontractor <br />at greater 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 />
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