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shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to <br /> Florida Statutes section 218 . 735 (8 )(c)(2008 ) , Contractor further acknowledges and agrees that: 1 ) <br /> the County shall receive immediate written notice of all decisions made by Contractor to withhold <br /> retainage on any subcontractor at greater than five percent (5% ) after fifty percent (50% ) <br /> completion ; and 2) Contractor will not seek release from the County of the withheld retainage until <br /> the final pay request. <br /> 5 .4 Paragraphs 5. 2 and 5. 3 do not apply to construction services Work purchased by the County <br /> as Owner which are paid for, in whole or in part, with federal funds and are subject <br /> to federal <br /> grantor laws and regulations or requirements that are contrary to any provision of the <br /> 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 . 5 . NOTWITHSTANDING THE FOREGOING PARAGRAPHS , CONTRACTOR acknowledges <br /> and agrees that Work Authorizations/Work Orders that are less than $ 100,000 .00 (One <br /> Hundred Thousand dollars) shall not have a Payment Bond and a Performance Bond ; <br /> however, pursuant to The Code of Indian River County , Indian River County as Owner shall <br /> make only one payment for the entire amount of the related applicable Work <br /> Authorization/Work Order when the terms of the related applicable Work Authorization/Work <br /> Order have been fulfilled . All payments shall be in accordance with the provisions of the <br /> Local Government Prompt Payment Act, Florida Statutes section 218 .70 et. seq . . <br /> ARTICLE 6. TERM OF AGREEMENT <br /> This Agreement shall remain in full force and effect for an Initial term of two j2) years after the <br /> date of execution , unless terminated by mutual consent of the parties hereto , and may be renewed <br /> for a maximum of two (2 ) renewal terms of one ( 1 ) year each , upon mutual agreement of the <br /> parties . <br /> ARTICLE 7. CONTRACTOR'S REPRESENTATIONS . <br /> In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following <br /> representations : CONTRACTOR has familiarized itself with the nature and extent of the Contract <br /> Documents , work , site , locality, and all local conditions and laws and regulations that in any manner <br /> may affect cost, progress , performance or furnishing of the work. <br /> ARTICLE 8 . CONTRACT DOCUMENTS , <br /> The Contract Documents , which comprise the entire agreement between OWNER and <br /> CONTRACTOR concerning the work , consist of the following : <br /> 8 . 1 This Agreement (Section 00530 ) . <br /> 8 . 2 Performance and other bonds (Sections 00610 and 00612) . <br /> 8. 3 Notice of Award and Notice to Proceed . <br /> 8 . 4 General Conditions (Section 00700). <br /> 8 . 5 Supplementary Conditions (Section 00800). <br /> 8 . 6 Specifications bearing the title " IRCDUS Water and Wastewater Utility Standards , <br /> February 2008 or latest version " . <br /> 8 . 7 Addenda numbers N/A to N/A , inclusive . <br /> 8 . 8 Indian River County Water and Wastewater Utility Ordinances. <br /> 8 .9 The following , which may be delivered or issued after the effective date of the <br /> 00530 EJCDC Agreement- Shettra & Sons Construction.doc <br /> 00530-3 <br />