09/22/2020 (2) - Laserfiche WebLink

Home Browse Search

completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for.,payment shall, contain the CONTRACTOR'S certification. All progress payments, will be on the basis of progress of the work measured by the schedule of values,.established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes sectiori`218.7A(8)(d), the CONTRACTOR may submit a pay requesttothe County as OWNER for up to one half (1/2) of the retainage held by the County�s OWNER, and the County as OWNER shall promptly make payment to the.. CONTRACTOR unless such amounts are the subject of a good:faith dispute; the'subjectoUa claim pursuant to Florida Statutes section 255.0`5;,or otherwise the subject of/a claim or demand by the County as OWNER\,.or the CONTRACTOR: The CONTRACTOR acknowledges that where`such-retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of`such`retairiage\to those subcontractors and suppliers. Pursuant to Florida Statutes\sectiori�..218.735(8)(c), CONTRACTOR further acknowledges and -agrees that: 1)-the,County as OWNER shall receive immediate written notice `of all decisions',, made -by CONTRACTOR to withhold retainage on any subcontractor at greater ,than five percent (5%) after fifty percent (50%) completion; and 2),,C'\ONTRACTOR will not seek release from the County as OWNER ofthe withheld retainage until the final pay request. 6.04 Paragraphs 6.02\and 6.03 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 federallgrantor 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 he applicable',grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. 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 CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 19