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ARTICLE V <br />PAYMENT OF THE CONTRACT PRICE <br />5.1 Schedule of Values <br />5.1.1. Within ten (10) calendar days of the effective date hereof, the Contractor shall <br />submit to the City and to the Engineer / Architect a Schedule of Values allocating the Contract Price <br />to the various portions of the Work. The Contractor's Schedule of Values shall be prepared in such <br />form, with such detail, and supported by such data as the Engineer / Architect or the City may <br />require to substantiate its accuracy. The Contractor shall not imbalance its Schedule of Values nor <br />artificially inflate any element thereof. Any violation of this provision by the Contractor shall <br />constitute a material breach of this Contract. The Schedule of Values shall be used only as a basis <br />for the Contractor's Applications for Payment and shall only constitute such basis after it has been <br />acknowledged in writing by the Engineer / Architect and the City. <br />5.2 Payment Procedure <br />5.2.1. The City shall pay the Contract Price to the Contractor as provided below. <br />5.2.2. Progress payments shall be considered based upon the Contractor's Applications for <br />Payment submitted to the Project Manager and upon Certificates for Payment subsequently issued <br />to the City by the Project Manager. The City shall make progress payments to the Contractor on <br />account of the Contract Price subject to the terms and conditions of the Contract, and in <br />accordance with Florida's Prompt Payment Act. Each invoice or payment application must be <br />accompanied by all supporting documentation and other information reasonably requested by <br />City, including, but not limited to a Partial Release of Lien or Final Release of Lien as appropriate in <br />the forms set forth in Chapter 713.20, Florida Statutes. Reference herein to Chapter 713, Florida <br />Statutes is for convenience, and shall not be construed as a waiver of sovereign immunity or <br />authority for imposition of liens against public property. Each progress payment shall be reduced <br />by five percent (5%) retainage. Subject to other requirements of the Contract Documents, <br />retainage shall be released after final completion of the Work and City's receipt of acceptable <br />reports and other documentation including certification of payment to subcontractors, if any, and <br />a Final Release of Lien in the form set forth in Section 713.20, Florida Statutes. Invoices must <br />reference the contract number assigned hereto. <br />5.3 Withheld Payment <br />5.3.1. The City may decline to make payment, may withhold funds, and, if necessary, may <br />demand the return of some or all of the amounts previously paid to the Contractor, to protect the <br />City from loss because of: <br />(a) defective Work not remedied by the Contractor nor, in the opinion of the <br />City, likely to be remedied by the Contractor; <br />Page 8 of 42 <br />358 <br />