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existing change orders and other additions or modifications to the construction services <br />work provided under the Contract Documents. <br />5.2 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 <br />the work measured by the schedule of values established, or in the case of unit price work <br />based on the number of units completed. After fifty percent (50%) completion, and <br />pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay <br />request to the County as OWNER for up to one half (1/2) of, the retainage held by the <br />County as OWNER, and the County as OWNER shall promptly make payment to the <br />CONTRACTOR unless such amounts are the subject of,ia:;good faith dispute; the subject <br />of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of <br />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 <br />supplied by one or more subcontractors or suppliers, the Contractor shall timely remit <br />payment of such retainage to those subcontractors and suppliers:'Pursuant; to Florida <br />Statutes section 218.735(8) (c) (2005), CONTRACtdR:further acknowledges and agrees <br />that: 1) the County as OWNER shall receive immediate written notice of all decisions made <br />by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent <br />(5%) after fifty percent (50%) completion; and 2),;,,CONTRACT0R"wAll not seek release <br />from the County as OWNER of .the withheld: retainage until ttie'final pay request. <br />5.3 Paragraphs 5.1 and 5.2 do nof;apply: to construction services work purchased by the <br />County as OWNER which are paid. fog; ;'in. whole;'�or in part, with federal funds and are <br />subject to federal grantor laws and".reguiations or 'requirements that are contrary to any <br />provision of the Local. Government _l?rompt `Payment Act. In such event, payment and <br />retainage provisions"shall;governed by`` , applicable grant requirements and <br />guidelines- <br />5.4 ACCEPTANCE AND..FINALPAYMENT L' on receipt of written notice that the work is <br />ready for fihalJinspection and'a'cceptance, the ENGINEER will promptly make such <br />inspection and -,,when tfe_ ,ENGINEER finds the work acceptable under the terms of the <br />,Contract and the"`Contract fully.;:performed, the ENGINEER will promptly issue a final <br />`,completion certificate''`"stating that the work provided for in this Contract has been <br />`completed,. and acceptance by the OWNER under the terms and the conditions thereof is <br />recorrimenid8.,and the'entire balance found to be due the CONTRACTOR, will be paid to <br />the CONTRACTOR by, the OWNER following County Commission approval of the final <br />Contract payment:'? <br />5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final <br />payment shall be and shall operate as a release to the OWNER from all claims and all <br />liability to the CONTRACTOR other than claims in stated amounts as may be specifically <br />excepted by the CONTRACTOR for all things done or furnished in connection with the <br />work under this Contract and for every act and neglect of the OWNER and others relating <br />to or arising out of the work. Any payment, however, final or otherwise, shall not release <br />the CONTRACTOR or its sureties from any obligations under the Contract Documents or <br />the Payment and Performance Bonds. <br />ARTICLE 6 INTEREST <br />00530-4 <br />P179 <br />