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ARTICLE 5 PAYMENT PROCEDURES <br />CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General <br />Conditions. Applications for Payment will be processed by ENGINEER as provided in the General <br />Conditions and the Contract Documents. <br />5.1 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 the <br />provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. <br />seq. The OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR <br />until final completion and acceptance of all work to be performed by CONTRACTOR under the <br />Contract Documents. <br />5.2 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 schedule of <br />values established, or in the case of unit price work based on the number of units completed. <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 <br />for final inspection and acceptance, the ENGINEER will promptly make such inspection and <br />when the ENGINEER finds the work acceptable under the terms of the Contract and the <br />Contract fully performed, the ENGINEER will promptly issue a final completion certificate <br />stating that the work provided for in this Contract has been completed, and acceptance by <br />the OWNER under the terms and the conditions thereof is recommended and the entire <br />balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the <br />OWNER following County 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 <br />by 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 <br />its sureties from any obligations under the Contract Documents or the Payment and <br />Performance Bonds. <br />ARTICLE 6 INTEREST <br />Not Applicable. <br />ARTICLE 7 CONTRACTOR'S REPRESENTATIONS <br />In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following <br />representations: <br />00530-3 <br />