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Contract Documents , together with all costs associated with existing change orders and other <br /> additions or modifications to the construction services work provided under the Contract Documents . <br /> 5 . 3 . Pay Requests . Each request for a progress payment shall be submitted on the application <br /> 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 <br /> on 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 up <br /> to one half ( 1 /2) of the retainage held by the County as OWNER, and the County as OWNER shall <br /> promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith <br /> dispute; the subject of a claim pursuant to Florida Statutes section 255 . 05(2005) ; or otherwise the <br /> subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR <br /> acknowledges that where such retainage is attributable to the labor, services, or materials supplied by <br /> one or more subcontractors or suppliers , the Contractor shall timely remit payment of such retainage <br /> to those subcontractors and suppliers . Pursuant to Florida Statutes section 218 .735 (8) (c) (2005) , <br /> CONTRACTOR further acknowledges and agrees that: 1 ) the County as OWNER shall receive <br /> immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any <br /> subcontractor at greater than five percent (5%) after fifty percent (50%) completion ; and 2) <br /> CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the <br /> final pay request. <br /> 5.4 . Federal Funds . Paragraphs 5 . 2 and 5 . 3 do not apply to construction services work <br /> paid for, in whole or in part, with federal funds and <br /> purchased by the County as OWNER which are <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 shall <br /> 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 and <br /> for every act and neglect of the OWNER and others relating to or arising out of the <br /> 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 /> ARTICLE 7 CONTRACTOR' S REPRESENTATIONS <br /> 7 . 1 . In order to induce OWNER to enter into this Agreement , CONTRACTOR makes the <br /> following representations : <br /> 00530-3 <br />