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(50 % ) completion of the work is attained as certified to OWNER by ENGINEER in <br /> writing , OWNER shall retain five percent (5 % ) of the payment amount due to <br /> CONTRACTOR until final completion and acceptance of all work to be performed by <br /> CONTRACTOR under the Contract Documents . Pursuant to Florida Statutes section <br /> 218 . 735 (8 )( b ) , fifty percent (50 % ) completion means the point at which the County as <br /> OWNER has expended fifty percent (50 % ) of the total cost of the construction services <br /> work purchased under the Contract Documents , together with all costs associated with <br /> existing change orders and other additions or modifications to the construction services <br /> work provided under the Contract Documents . <br /> 6 . 03 Pay Requests. <br /> A . Each request for a progress payment shall be submitted on the application for payment <br /> 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 <br /> the work measured by the schedule of values established , or in the case of unit price <br /> work based on the number of units completed . After fifty percent (50 % ) completion , and <br /> pursuant to Florida Statutes section 218 . 735 (8 ) (d ) , the CONTRACTOR may submit a <br /> pay request to the County as OWNER for up to one half ( 1 /2 ) of the retainage held by <br /> the County as OWNER, and the County as OWNER shall promptly make payment to the <br /> CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject <br /> of a claim pursuant to Florida Statutes section 255 . 05 (2005 ) ; or otherwise the subject of <br /> 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 , <br /> services , or materials supplied by one or more subcontractors or suppliers , the <br /> Contractor shall timely remit payment of such retainage to those subcontractors and <br /> suppliers . Pursuant to Florida Statutes section 218 . 735 (8 ) (c) (2005 ) , CONTRACTOR <br /> further acknowledges and agrees that: 1 ) the County as OWNER shall receive <br /> immediate written notice of all decisions made by CONTRACTOR to withhold retainage <br /> 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 <br /> the withheld retainage until the final pay request. <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 <br /> subject to federal grantor laws and regulations or requirements that are contrary to any <br /> provision of the Local Government Prompt Payment Act. In such event, payment and <br /> retainage provisions shall be governed by the applicable grant requirements and <br /> 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 as a <br /> release to the OWNER from all claims and all liability to the CONTRACTOR other than <br /> claims in stated amounts as may be specifically excepted by the CONTRACTOR for all <br /> things done or furnished in connection with the work under this Contract and for every <br /> act and neglect of the OWNER and others relating to or arising out of the work . Any <br /> payment , however, final or otherwise , shall not release the CONTRACTOR or its <br /> sureties from any obligations under the Contract Documents or the Payment and <br /> Performance Bonds . <br /> w <br /> 00520 - Agreement (Public Works) REV 04-07.doc <br /> 00520 - 4 <br /> F:\Engineering\Special Projects\Eagle Trace Phase 2\contract Documents\Eagle Trace Subdivision Phase II\00520 - Agreement (Public Works) REV 04-07.doc <br />