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construction services work purchased under the Contract Documents, together with all costs <br /> associated with existing change orders and other additions or modifications to the construction <br /> services work provided under the Contract Documents. <br /> 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for <br /> 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 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 <br /> for up to one half (1/2) of the retainage held by the County as OWNER, and the County as <br /> OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the <br /> subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section <br /> 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the <br /> CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to <br /> the labor, services, or materials supplied by one or more subcontractors or suppliers, the <br /> CONTRACTOR shall timely remit payment of such retainage to those subcontractors and <br /> suppliers. Pursuant to Florida Statutes section 218.735(8) (c) (2016), CONTRACTOR further <br /> acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice <br /> of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater <br /> than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek <br /> release from the County as OWNER of the withheld retainage until the final pay request. <br /> 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as <br /> OWNER which are paid for, in whole or in part, with federal funds and are subject to federal <br /> grantor laws and regulations or requirements that are contrary to any provision of the Local <br /> Government Prompt Payment Act. In such event, payment and retainage provisions shall be <br /> governed by the applicable grant requirements and guidelines. <br /> 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for <br /> 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 <br /> terms 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 <br /> Commission approval of the final 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 liability <br /> to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by <br /> the CONTRACTOR for all things done or furnished in connection with the work under this <br /> Contract and for every act and neglect of the OWNER and others relating to or arising out of <br /> the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its <br /> sureties from any obligations under the Contract Documents or the Payment and Performance <br /> Bonds. <br /> 00530-4 <br /> Addendum 1 <br />