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Numerical Amount: $ <br />Written Amount: <br />ARTICLE 5 - PAYMENT PROCEDURES <br />5.1 Progress Payments. <br />A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the <br />approved partial payment request as recommended by ENGINEER in accordance with <br />the provisions of the Local Government Prompt Payment Act, Florida Statutes section <br />218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amount due to <br />CONTRACTOR until final completion and acceptance of all work to be performed by <br />CONTRACTOR under the Contract Documents. <br />5.2 Pay Requests. <br />A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All <br />progress payments will be on the basis of progress of the work measured by the <br />schedule of values established, or in the case of unit price work based on the number of <br />units completed. <br />5.3 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 that 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 guidelines. <br />5.4 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 all claims and all liability to the CONTRACTOR other than <br />claims in stated amounts as may be specifically excepted by the CONTRACTOR for all <br />things done or furnished in connection with the work under this Agreement and for <br />every 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 />ARTICLE 6 - INDEMNIFICATION <br />6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from <br />liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to <br />the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the <br />CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the <br />Work. <br />31 <br />