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(50%) completion of the work . After fifty percent (50%) completion of the work is <br /> attained as certified to OWNER by ENGINEER in writing , OWNER shall retain five <br /> percent (5%) of the payment amount due to CONTRACTOR until final completion and <br /> acceptance of all work to be performed by CONTRACTOR under the Contract <br /> J Documents . Pursuant to Florida Statutes section 218.735(8) (b) , fifty percent (50%) <br /> completion means the point at which the County as OWNER has expended fifty percent <br /> (50%) of the total cost of the construction services work purchased under the Contract <br /> Documents, together with all costs associated with existing change orders and other <br /> additions or modifications to the construction services work provided under the <br /> Contract Documents. <br /> J B . Pay Requests . Each request for a progress payment shall be submitted on the <br /> J application for payment form supplied by OWNER and the application for payment shall <br /> contain the CONTRACTOR's certification . All progress payments will be on the basis of <br /> J progress of the work measured by the schedule of values established , or in the case of <br /> J unit price work based on the number of units completed . After fifty percent (50%) <br /> completion , and pursuant to Florida Statutes section 218. 735(8) (d) , the CONTRACTOR <br /> may submit a pay request to the County as OWNER for up to one half ( 1 /2 ) of the <br /> retainage held by the County as OWNER , and the County as OWNER shall promptly <br /> 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 <br /> otherwise the subject of a claim or demand by the County as OWNER or the <br /> CONTRACTOR . The CONTRACTOR acknowledges that where such retainage is <br /> J attributable to the labor, services, or materials supplied by one or more subcontractors <br /> or suppliers , the Contractor shall timely remit payment of such retainage to those <br /> subcontractors and suppliers. Pursuant to Florida Statutes section 218 .735 (8) (c) (2005) , <br /> CONTRACTOR further acknowledges and agrees that: 1 ) the County as OWNER shall <br /> receive immediate written notice of all decisions made by CONTRACTOR to withhold <br /> retainage on any subcontractor at greater than five percent (5%) after fifty percent <br /> (50%) completion ; and 2) CONTRACTOR will not seek release from the County as <br /> OWNER of the withheld retainage until the final pay request. <br /> C. Paragraphs 6 .02 A and 6 . 02 B do not apply to construction services work purchased <br /> by the County as OWNER which are paid for, in whole or in part , with federal funds and <br /> are subject to federal grantor laws and regulations or requirements that are contrary to <br /> any provision of the Local Government Prompt Payment Act. In such event, payment <br /> l and retainage provisions shall be governed by the applicable grant requirements and <br /> J guidelines. <br /> l 6 . 03 Acceptance and Final Payment <br /> J Upon receipt of written notice that the work is ready for final inspection and acceptance , the <br /> ENGINEER will promptly make such inspection and when the ENGINEER finds the work <br /> acceptable under the terms of the Contract and the Contract fully performed , the ENGINEER <br /> will promptly issue a final completion certificate stating that the work provided for in this <br /> Contract has been completed , and acceptance by the OWNER under the terms and the condi- <br /> tions thereof is recommended and the entire balance found to be due the CONTRACTOR , will <br /> be paid to the CONTRACTOR by the OWNER following County Commission approval of the <br /> final Contract payment . <br /> J6. 04 Acceptance of Final Payment as Release <br /> 1 <br /> 00520 - 4 00520 - Agreement (Public Works) 2006079 <br /> C:WnzipOecRB10 DOCUMENTS 200607MID DOCUMENTS 2006079W0520 - Agreement (Public WOMB) 20060]9.aoc Rev. 05/01 <br />