2006-133 - Laserfiche WebLink

Home Browse Search

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 : Upon receipt of written notice that the work is ready for final inspection and acceptance, the OWNER and ENGINEER will promptly make such inspection and when the OWNER and ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate, over the OWNER' s signature, 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 . 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, notarized and attested by two witnesses is required from each Subcontractor engaged under the scope of this Contract, and must accompany the request for final payment. 5 . 1 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 CONTRACTOR for all things done or furnished in connection with this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his/her sureties from any obligations under the Contract Documents or the Payment and Performance Bonds.