Laserfiche WebLink
I <br /> services work purchased under the Contract Documents , together with all costs <br /> associated with existing change orders and other additions or modifications to the <br /> construction services work provided under the Contract Documents . <br /> 5. 2 Pay Requests. Each request for a progress payment shall be submitted on the <br /> application for payment form supplied by OWNER and the application for payment <br /> shall 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 , or in <br /> the case of unit price work based on the number of units completed . After fifty <br /> percent (50%) completion , and pursuant to Florida Statutes section 218. 735(8)(d ) , <br /> the CONTRACTOR may submit a pay request to the County as OWNER for up to one <br /> half ( 112) of the retainage held by the County as OWNER , and the County as OWNER <br /> shall promptly make payment to the CONTRACTOR unless such amounts are the <br /> subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes <br /> section 255. 05(2005); or otherwise the subject of a claim or demand by the County <br /> as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where <br /> such retainage is attributable to the labor, services, or materials supplied by one or <br /> more subcontractors or suppliers, the Contractor shall timely remit payment of <br /> such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes <br /> section 218. 735(8)(c)(2005) , CONTRACTOR further acknowledges and agrees that: <br /> 1 ) the County as OWNER shall receive immediate written notice of all decisions <br /> made by CONTRACTOR to withhold retainage on any subcontractor at greater than <br /> five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not <br /> seek release from the County as OWNER of the withheld retainage until the final pay <br /> request. <br /> 5.3 Paragraphs 5 . 1 and 5.2 do not apply to construction services work purchased by <br /> the County as OWNER which are paid for, in whole or in part, with federal funds and <br /> are subject to federal grantor laws and regulations or requirements that are <br /> contrary to any provision of the Local Government Prompt Payment Act. In such <br /> event, payment and retainage provisions shall be governed by the applicable grant <br /> requirements and guidelines . <br /> 5 .4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the <br /> work is ready for final inspection and acceptance , the ENGINEER will promptly <br /> make such inspection and when the ENGINEER finds the work acceptable under <br /> the terms of the Contract and the Contract fully performed , the ENGINEER will <br /> promptly issue a final completion certificate stating that the work provided for in <br /> this Contract has been completed , and acceptance by the OWNER under the <br /> terms and the conditions thereof is recommended and the entire balance found <br /> to be due the CONTRACTOR , will be paid to the CONTRACTOR by the OWNER <br /> following County Commission approval of the final Contract payment. <br /> 5 . 5 Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR <br /> of final payment shall be and shall operate as a release to the OWNER from all <br /> claims and all liability to the CONTRACTOR other than claims in stated amounts <br /> as may be specifically excepted by the CONTRACTOR for all things done or <br /> furnished in connection with the work under this Contract and for every act and <br /> neglect of the OWNER and others relating to or arising out of the work . Any <br /> payment, however, final or otherwise , shall not release the CONTRACTOR or its <br /> sureties from any obligations under the Contract Documents or the Payment and <br /> Performance Bonds . <br /> 00530-5 <br />