Common use of Applications for Payments Clause in Contracts

Applications for Payments. A. The CONTRACTOR shall submit to the COUNTY for review, an Application for Payment filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as required by the Contract Documents. Such supporting documents shall include but not be limited to: (i) a current release from the CONTRACTOR releasing all claims, other than those previously submitted pursuant to Article 10 herein, through the date of the Application for Payment; and (ii) a monthly dated Critical Path Method (CPM) Schedule for the Project. Written consent from the surety in a form acceptable to the County regarding the project or payment may be given in lieu of waivers. Submission of this supporting documentation shall be a condition precedent to the CONTRACTOR’s entitlement to receive payment. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that the COUNTY has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect the COUNTY’s interest therein, all of which must be satisfactory to the COUNTY. B. Beginning with the second Application for Payment, each Application shall include: (i) an affidavit by the CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge the CONTRACTOR’s legitimate obligations associated with prior Applications for Payment and (ii) a “Conditional Waiver of Right to Claim Against Payment Bond and ▇▇▇▇▇▇▇▇▇ County” completed by the CONTRACTOR and all subcontractors. C. Pursuant to Section 255.078(1), Fla. Stat., the COUNTY will withhold from each progress payment made to the CONTRACTOR the amount of 5% of the payment as retainage. Pursuant to Section 255.078(3), Fla. Stat., the COUNTY may elect not to pay or release any amounts (such as retainage) that are the subject of a good faith dispute in writing, the subject of a claim brought pursuant to Section 255.05, Fla. Stat., or otherwise the subject of a claim or demand by the COUNTY or CONTRACTOR. D. The Application for Final Payment shall be made after the CONTRACTOR has, in the opinion of the COUNTY, satisfactorily completed all corrections identified during the Final Inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, and other documents. E. The Application for Final Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to the COUNTY) of all Lien rights arising out of or Liens filed in connection with the Work. F. In lieu of the releases or waivers of Liens and as approved by the COUNTY, the CONTRACTOR may furnish receipts or releases in full and an affidavit of the CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which the COUNTY or the COUNTY's property might in any way be responsible have been paid or otherwise satisfied. If any subcontractor or supplier fails to furnish such a release or receipt in full, the CONTRACTOR may furnish a Bond or other collateral satisfactory to the COUNTY to indemnify the COUNTY against any Lien.

Applications for Payments. A. The CONTRACTOR shall 31.1 DESIGN/BUILD ENTITY’S SUBMITTALS On or before the first day of each month and no more than five days prior thereto, the Design/Build Entity may submit to applications for payment for the COUNTY for review, an Application for Payment filled out and signed by Work performed during such month covering the CONTRACTOR covering portion of the Work completed as of the date indicated, and payments on account of this Contract shall be due per C.R.S. § 24‐30‐202(24) (correct notice of amount due), within forty‐five (45) days of receipt by the Application Principal Representative of applications for payment that have been certified by the Architect/Engineer. The Design/Build Entity shall submit the application for payment to the Principal Representative and accompanied by the Design Build Entity’s Architect/Engineer on State forms SBP‐7.2, Certificate for Design/Build Entity’s Payment, or such supporting documentation other format as the State Buildings Program shall approve, in an itemized format in accordance with the schedule of values or a cost loaded CPM schedule when required, supported to the extent reasonably required by the Contract Documents. Such supporting documents shall include but not Principal Representative by receipts or other vouchers, showing payments for materials and labor, prior payments and payments to be limited to: (i) a current release from the CONTRACTOR releasing all claims, made to Subcontractors and such other than those previously submitted pursuant to Article 10 herein, through the date evidence of the Application for Payment; and (ii) a monthly dated Critical Path Method (CPM) Schedule for Design/Build Entity’s right to payments as the Project. Written consent from the surety in a form acceptable to the County regarding the project or payment Principal Representative may be given in lieu of waivers. Submission of this supporting documentation shall be a condition precedent to the CONTRACTOR’s entitlement to receive paymentdirect. If payment is requested payments are made on the basis account of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site site, or at another some other location agreed to upon in writing, such payments shall be conditioned upon submission by the Application for Payment Design/Build Entity of bills of sale or such other procedure as will establish the Principal Representative’s title to such material or otherwise adequately protect the Principal Representative’s interests, and shall also provide proof of insurance whenever requested by the Principal Representative and shall be accompanied by a bill of sale, invoice, or other documentation warranting that subject to the COUNTY has received right to inspect the materials at the request of the Principal Representative. All applications for payment, except the final application, and equipment free and clear the payments there under, shall be subject to correction in the next application rendered following the discovery of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect the COUNTY’s interest therein, all of which must be satisfactory to the COUNTYany error. B. Beginning with 31.2 DESIGN BUILD ENTITY’S ARCHITECT/ENGINEER CERTIFICATION The Design Build Entity’s Architect/Engineer after appropriate observation of the second Application for Payment, each Application shall include: (i) an affidavit by the CONTRACTOR stating that all previous progress payments received on account of the Work shall certify to the Principal Representative the amount that the Design/Build Entity is entitled to on the certificate for Design/Build Entity’s payment. 31.3 RETAINAGE WITHHELD Unless otherwise provided in the Supplementary General Conditions, an amount equivalent to five percent (5%) of the amount shown to be due the Design/Build Entity on each application for payment shall be withheld until the Work required by the Contract has been performed. The withheld percentage of the contract price of any such Work, improvement, or construction shall be administered according to C.R.S. § 24‐91‐103, as amended, and C.R.S. § 38‐26‐107, as amended, and Article 31.4, shall be retained until the Work or discrete portions of the Work, have been applied on account to discharge the CONTRACTOR’s legitimate obligations associated with prior Applications for Payment and (ii) a “Conditional Waiver of Right to Claim Against Payment Bond and ▇▇▇▇▇▇▇▇▇ County” completed by the CONTRACTOR and all subcontractors. C. Pursuant to Section 255.078(1)satisfactorily, Fla. Stat., the COUNTY will withhold from each progress payment made to the CONTRACTOR the amount of 5% of the payment as retainage. Pursuant to Section 255.078(3), Fla. Stat., the COUNTY may elect not to pay finally or release any amounts (such as retainage) that are the subject of a good faith dispute in writing, the subject of a claim brought pursuant to Section 255.05, Fla. Stat., or otherwise the subject of a claim or demand by the COUNTY or CONTRACTOR. D. The Application for Final Payment shall be made after the CONTRACTOR has, in the opinion of the COUNTY, satisfactorily completed all corrections identified during the Final Inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspectionpartially accepted, and other documents. E. The Application advertised for Final Payment shall be accompanied (except final settlement as previously delivered) by: (i) all documentation called for further provided in the Contract Documents, including but not limited to the evidence of insurance required; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to the COUNTY) of all Lien rights arising out of or Liens filed in connection with the Work. F. In lieu of the releases or waivers of Liens and as approved by the COUNTY, the CONTRACTOR may furnish receipts or releases in full and an affidavit of the CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which the COUNTY or the COUNTY's property might in any way be responsible have been paid or otherwise satisfied. If any subcontractor or supplier fails to furnish such a release or receipt in full, the CONTRACTOR may furnish a Bond or other collateral satisfactory to the COUNTY to indemnify the COUNTY against any Lien.Article 41.5