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A. The OWNER shall make progress payments to the CONTRACTOR on the basis of <br />the approved partial payment request as recommended by ENGINEER in <br />accordance with the provisions of the Local Government Prompt Payment Act, <br />Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent <br />(5%) of the payment amounts due to the CONTRACTOR until final completion <br />and acceptance of all work to be performed by CONTRACTOR under the <br />Contract Documents. <br />6.03 Pay Requests. <br />A. Each request for a progress payment shall be submitted on the application provided <br />by OWNER and the application for payment shall contain the CONTRACTOR'S <br />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 <br />based on the number of units completed. <br />6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the <br />County as OWNER which are paid for, in whole or in part, with federal funds and are subject to <br />federal grantor laws and regulations or requirements that are contrary to any provision of the <br />Local Government Prompt Payment Act. In such event, payment and retainage provisions shall <br />be governed by the applicable grant requirements and guidelines. <br />6.05 Acceptance of Final Payment as Release. <br />A. The acceptance by the CONTRACTOR of final payment shall be and shall operate <br />as a release to the OWNER from all claims and all liability to the CONTRACTOR <br />other than claims in stated amounts as may be specifically excepted by the <br />CONTRACTOR for all things done or furnished in connection with the work <br />under this Contract and for every act and neglect of the OWNER and others <br />relating to or arising out of the work. Any payment, however, final or otherwise, <br />shall not release the CONTRACTOR or its sureties from any obligations under <br />the Contract Documents or the Public Construction Bond. <br />ARTICLE 7 - INDEMNIFICATION <br />7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with <br />paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. <br />ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS <br />8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the <br />following representations: <br />A. CONTRACTOR has examined and carefully studied the Contract Documents and the <br />other related data identified in the Bidding Documents. <br />B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the <br />general, local, and Site conditions that may affect cost, progress, and performance of the <br />Work. <br />43 <br />