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subcontractor at greater than five percent (5 %) after fifty percent (50%) completion ; and 2) <br /> Contractor will not seek release from the County of the withheld retainage until the final pay <br /> request. <br /> 1 .2.4 . Paragraphs 1 .2 .2 and 1 . 2. 3 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 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 /> 1 .2. 5 . In accordance with the provisions of Florida Statutes section 208 .735 (7)(a)(2005), upon <br /> receipt of the draft certificate of substantial completion from Engineer, the Owner, the Engineer, and <br /> the Contractor shall conduct a walk-through of the Project to document a list of any items required to <br /> render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein <br /> the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the <br /> Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after <br /> substantial completion . The Owner and Contractor acknowledge and agree that: 1 ) the failure to <br /> include any corrective work or pending items not yet completed on the Statutory List does not alter <br /> the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon <br /> completion of all items on the Statutory List, the Contractor may submit a pay request for all <br /> remaining retainage except as otherwise set forth in this Agreement; and 3 ) any and all items that <br /> require correction under this Agreement and that are identified after the preparation of the Statutory <br /> List remain the obligation of the Contractor to complete to the Owner' s satisfaction under this <br /> Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and <br /> agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final <br /> walk-through in anticipation of final completion on the Project. <br /> Article 2. Time of Completion <br /> 30 Calendar Days from receipt of the Notice to Proceed. <br /> Article 3 . General <br /> The Contractor hereby certifies that he has read every clause of the Contract Documents and that he <br /> has made such examination of the location of the proposed work as is necessary to understand fully <br /> the nature of the obligation herein made ; and shall complete the same the time limit specified herein <br /> in accordance with the plans and specifications. <br /> The Owner and Contractor agree to maintain records, invoices , and payments for the work. The <br /> Contractor shall provide Performance and Payment Bonds for all work in this Agreement. <br /> All work under this Contract shall be done to the satisfaction of the Owner, who shall in all cases <br /> determine the amount, quality, fitness, and acceptability of the several kinds of work and materials <br /> which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of <br /> the Contract on the part of the Contractor, and his decision thereon shall be final and conclusive ; and <br /> such determination and decision, in case ay question shall arise, shall be a condition precedent to the <br /> right of the Contractor to receive any money hereunder. <br /> Any clause or section of this contract or specification which may for any reason be declared invalid <br /> by a court or competent jurisdiction , including appeal, if any, may be eliminated therefrom; and the <br /> intent of this Contract and the remaining portion thereof will remain in full force and effect as though <br /> such invalid clause or section has not been incorporated therein . <br /> Page 53 of 55 Rev. 7/2006 <br />