Laserfiche WebLink
acceptance of all work to be performed by CONTRACTOR under the Contract Documents . Pursuant <br /> to Florida Statutes section 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 construction services <br /> work purchased under the Contract Documents , together with all costs associated with existing <br /> change orders and other additions or modifications to the construction services work provided under <br /> the Contract Documents . <br /> 5 . 3 . 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 shall contain the <br /> CONTRACTOR' s certification . All progress payments will be on the basis of progress of the work <br /> measured by the schedule of values established , or in the case of unit price work based on <br />the <br /> number of units completed . After fifty percent (50% ) completion , and pursuant to Florida Statutes <br /> section 218 . 735(8) (d) , the CONTRACTOR may submit a pay request to the County as OWNER for <br /> up to one half ( 1 /2) 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 subject of a good <br /> faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 . 05 (2005) ; or otherwise <br /> the subject of a claim or demand by the County as OWNER or the CONTRACTOR . The <br /> CONTRACTOR acknowledges that where such retainage is attributable to the labor, services , or <br /> materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit <br /> payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes <br /> section 218 . 735(8) (c) (2005) , CONTRACTOR further acknowledges and agrees that : 1 ) the County <br /> as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to <br /> withhold retainage on any subcontractor at greater than five percent (5%)after fifty percent (50%) <br /> completion ; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld <br /> retainage until the final pay request . <br /> 5 . 4 . Federal Funds . Paragraphs 5 . 2 and 5 . 3 do not apply to construction services work <br /> purchased by 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 contrary to any provision <br /> of the Local Government Prompt Payment Act. In such event, payment and retainage provisions <br /> shall be governed by the applicable grant requirements and guidelines . <br /> ARTICLE 6 FINAL PAYMENT <br /> 6 . 1 . Acceptance And Final Payment: Upon receipt of written notice that the work is ready <br /> for final inspection and acceptance , the ENGINEER will promptly make such inspection and when <br /> the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully <br /> performed , the ENGINEER will promptly issue a final completion certificate stating that the work <br /> provided for in this Contract has been completed , and acceptance by the OWNER under the terms <br /> and the conditions thereof is recommended and the entire balance found to be due the <br /> CONTRACTOR , will be paid to the CONTRACTOR by the OWNER following County Commission <br /> approval of the final Contract payment . <br /> 6 . 2 . Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of <br /> final payment shall be and shall operate as a release to the OWNER from all claims and all liability <br /> to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the <br /> CONTRACTOR for all things done or furnished in connection with the work under this Contract <br /> and for every act and 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 sureties from any <br /> obligations under the Contract Documents or the Payment and Performance Bonds . <br /> 00530-3 <br />