2010-036 - Laserfiche WebLink

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1 a I completion ; and 2) Contractor will not seek release from the COUNTY of the withheld retainage until the final pay request. 4 . 4 . Paragraphs 4 . 2 and 4 . 3 do not apply to construction services Work purchased by the COUNTY as Owner which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act . In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . 4 . 5 . CONTRACTOR shall allow adequate processing time for County Commission final acceptance and approval for final payment in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218 . 70 et. seq . 4 . 6 . The CONTRACTOR shall make the following certification (Affidavit) on each Request for Payment : "I hereby certify that the labor and materials listed on this Request for Payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , material , men and suppliers except as listed below : " " 4 . 7 . Notice of Non -Payment. If one or more "Notice of Non -Payment" or "Notice to OWNER" is received by the OWNER, no further payments will be approved until non -payment( s) have been satisfied and a " Lien Waiver" for each "Notice " has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied . The CONTRACTOR may, with consent of Surety and indemnification of the COUNTY against any claims , receive payment for work for which there is an outstanding Notice of Non-Payment or Notice to OWNER. Article 5 . ACCEPTANCE AND FINAL PAYMENT : 5 . 1 . Upon receipt of written notice that the work is ready for final inspection and acceptance , the OWNER/ENGINEER will promptly make such inspection and when the OWNER/ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed , the OWNER/ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed , and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment . 5 . 2 . Before issuance of a final completion certificate , the contractor shall submit evidence satisfactory to the COUNTY that all payrolls , material bills , and other indebtedness connected with the work have been paid . An affidavit must be submitted by the CONTRACTOR to the OWNER stating that all indebtedness connected with the work has been paid . Such affidavit will be signed by a duly authorized officer of the contractor, will bear the firm' s seal , and will be notarized and attested by two witnesses . A Waiver-of- Lien form signed by a duly authorized officer of all Subcontractors , is required from each Subcontractor engaged under the scope of this Contract, and must accompany the request for final payment. 5 . 3 . Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the AGREEMENT A3