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5.02 Pay Requests. <br />A. On a form provided by the OWNER, each request for a progress payment shall contain <br />the CONTRACTOR'S certification. All progress payments will be on the basis of progress <br />of the work measured by the schedule of values established, or in the case of unit price <br />work based on the number of units completed. After fifty percent (50%) completion, <br />and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a <br />pay request to the County as OWNER for up to one half (1/2) of the retainage held by <br />the County as OWNER, and the County as OWNER shall promptly make payment to the <br />CONTRACTOR unless such amounts are the subject of a,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 trhe labor, services, or <br />materials supplied by one or more subcontractors or suppliers, the Contractor shall <br />timely remit payment of such retainage to those subcontractors and suppliers. Pursuant <br />to Florida Statutes section 218.735(8)(c)(20,05), CONTRACTOR further acknowledges and <br />agrees that: 1) the County as OWNER shall. receive immediate written notice of all <br />decisions made by CONTRACTOR.to withhold retainage on any,subcontractor at greater <br />than five percent (5%) after .fifty percent (5,0%) completion;`and 2) CONTRACTOR will <br />not seek release from the County as OWNER of,the withheld retainage until the final pay <br />request. <br />5.03 Paragraphs 5.01 and 5.02<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 to federal grantor <br />laws and regulations or requirements'tliat are,contrary to any provision of the Local Government <br />Prompt Payment Act. In. such event,�payment and retainage provisions shall be governed by the <br />applicable grant requirements and guide) nes.\\ <br />5.04 Acceptance of Final Payment as Release. <br />A.The acceptance by.the'CONTRACTOR of final payment shall be and shall operate as a <br />release to,the OWNER -from a0claims and all liability to the CONTRACTOR other than <br />' claims'in stated amoun#s'as`may be specifically excepted by the CONTRACTOR for all <br />1" things done or furnished in connection with the work under this Agreement and for <br />---'ever_y act and neglect of the OWNER and others relating to or arising out of the work. <br />Any payment, however, final or otherwise, shall not release the CONTRACTOR or its <br />sureties from any obligations under this Agreement, the Invitation to Bid or the Public <br />Construction Bond. <br />f <br />ARTICLE 6 — PUBLIC CONSTRUCTION BOND <br />6.01 Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR <br />shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. If bid <br />does not exceed $100,000, no Public Construction Bond will be required. <br />A. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of <br />security in the form of cash, money order, certified check, cashier's check, irrevocable letter of <br />credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security <br />shall be for the same purpose, and be for the same amount and subject to the same conditions <br />136 <br />