2004-284 - Laserfiche WebLink

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3 . CONTRACT PRICE . The County shall pay the Contractor the amount of One Hundred and twenty-one thousand one hundred and twelve dollars and no cents ($ 121 , 112 . 00 ) for the Work at the price ( s ) stated on Exhibit B ( Bid Schedule ) upon completion and final acceptance by the County' s project manager. No additional payment shall be made to the Contractor except for additional work or materials as stated on a valid change order issued by the County prior to the performance of the additional work or delivery of materials . The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for the Project by the Board of County Commissioners of Indian River County . 3 . 1 Payments to Contractor . The Contractor shall submit completed monthly partial payment requests covering the Work performed during the period covered by the partial payment request to the County' s project manager. Such partial payment requests shall be supported by such data as the County may reasonably require . The payment request will either be approved by the County , or be returned to the Contractor with the reasons for r., refusing to approve the payment in writing . In the latter case , the Contractor may make the necessary corrections and resubmit the partial payment request . The County will pay the Contractor progress payment on the basis of the approved partial payment request in accordance with the provisions of the Florida Prompt Payment Act , Section 218 . 70 , Florida Statutes , et seq . The County shall retain ten ( 10 ) percent of the payment amounts due to the Contractor until final completion and acceptance of all Work to be performed by the +�• Contractor under the Contract Documents . Each request for a partial payment shall be submitted on County—provided forms , and accompanied by the certification of Contractor. 3 . 2 . Contractor's Warranty of Title . The Contractor warrants and guarantees that title to all Work covered by an Application for Payment , whether incorporated in the Work or not , shall pass to the County prior to the making of the Application for Payment , free and clear of all liens , claims , security interests , purchase money security interest , chattel paper or encumbrances of any nature whatsoever. 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 : -------" 3 . 3 . Prosect Certification Documents . Prior to submitting an invoice for Final Payment , Contractor shall provide the following : a ) Certification statement that "The Work has been completed in accordance with the Contract" ; b ) final lien waivers from laborers , materialmen , subcontractors or sub-subcontractors (as each term is defined in Florida Statutes section 713 . 01 (2004 ) ; and c) consent of the Surety to final payment and /or partial release of retainage . 3 . 4 . Final Completion . Upon final completion and acceptance of the Work the entire balance found to be due to the Contractor, including the retainage , but except such sums as may be lawfully retained by the County, shall be paid to the Contractor within thirty ( 30 ) days of final completion and acceptance of the Work . 5 �r