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CONTRACTOR shall pay OWNER four hundred fifty dollars ($450 .00) for each day that expires <br /> after the time specified in Paragraph 3 . 1 for completion and readiness for final payment. <br /> ARTICLE 4 CONTRACT PRICE <br /> 4 . 1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract <br /> Documents in current funds in the amount of $894,600.00 <br /> 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 Progress Payments . The OWNER shall make progress payments to the CONTRACTOR on the <br /> basis of the approved partial payment request as recommended by ENGINEER in accordance with <br /> the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218 . 70 et. <br /> seq. The OWNER shall retain ten percent ( 10%) of the payment amounts due to the <br /> CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) <br /> completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER <br /> shall retain five percent (5 %) of the payment amount due to CONTRACTOR until final completion <br /> and acceptance of all work to be performed by CONTRACTOR under the Contract Documents . <br /> Pursuant to Florida Statutes section 218 .735 (8)(b), fifty percent (50%) completion means the point <br /> at which the County as OWNER has expended fifty percent (50%) of the total cost of the <br /> construction services work purchased under the Contract Documents , together with all costs <br /> associated with existing change orders and other additions or modifications to the construction <br /> services work provided under the Contract Documents . <br /> 5 .2 Pay Requests . Each request for a progress payment shall be submitted on the application for <br /> payment form supplied by OWNER and the application for payment shall contain the <br /> CONTRACTOR ' s 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 based on the <br /> number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes <br /> section 218 . 735 (8)(d) , the CONTRACTOR may submit a pay request to the County as OWNER for <br /> up to one half ( 1 /2) of the retainage held by the County as OWNER, and the County as OWNER <br /> shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good <br /> faith dispute; the subject of a claim pursuant to Florida Statutes section 255 .05 (2005) ; or otherwise <br /> the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The <br /> CONTRACTOR acknowledges that where such retainage is attributable to the labor, services , or <br /> materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit <br /> payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes <br /> section 218 .735 (8)(c)(2005 ), CONTRACTOR further acknowledges and agrees that : 1 ) the County <br /> as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to <br /> withhold retainage on any subcontractor at greater than five percent (5 %) after fifty percent (50%) <br /> completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the <br /> withheld retainage until the final pay request. <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 /> 044527017 <br /> 00530 -2 <br />