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attained as certified to OWNER by ENGINEER in writing , OWNER shall retain <br /> five percent ( 5 % ) of the payment amount due to CONTRACTOR until final <br /> completion and acceptance of all work to be performed by CONTRACTOR under <br /> the Contract Documents . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( b ) , fifty <br /> percent ( 50 % ) completion means the point at which the County as OWNER has <br /> expended fifty percent ( 50 % ) of the total cost of the construction services work <br /> purchased under the Contract Documents , together with all costs associated with <br /> existing change orders and other additions or modifications to the construction <br /> services 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 <br /> payment form supplied by OWNER and the application for payment shall contain <br /> the CONTRACTOR ' S certification . All progress payments will be on the basis of <br /> progress of the work measured by the schedule of values established , or in the <br /> case of unit price work based on the number of units completed . After fifty <br /> percent ( 50 % ) completion , and pursuant to Florida Statutes section <br /> 218 . 735 ( 8 ) ( d ) , the CONTRACTOR may submit a pay request to the County as <br /> OWNER for up to one half ( 1 /2 ) of the retainage held by the County as OWNER , <br /> and the County as OWNER shall promptly make payment to the CONTRACTOR <br /> unless such amounts are the subject of a good faith dispute ; the subject of a <br /> claim pursuant to Florida Statutes section 255 . 05 ( 2005) ; or otherwise the subject <br /> 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 <br /> labor , services , or materials supplied by one or more subcontractors or suppliers , <br /> the Contractor shall timely remit payment of such retainage to those <br /> subcontractors and suppliers . Pursuant to Florida Statutes section <br /> 218 . 735 ( 8 ) ( c) ( 2005 ) , CONTRACTOR further acknowledges and agrees that : 1 ) <br /> the County as OWNER shall receive immediate written notice of all decisions <br /> made by CONTRACTOR to withhold retainage on any subcontractor at greater <br /> than five percent ( 5 % ) after fifty percent ( 50 % ) completion ; and 2 ) <br /> CONTRACTOR will not seek release from the County as OWNER of the <br /> 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 subject to <br /> federal grantor laws and regulations or requirements that are contrary to any provision of the <br /> Local Government Prompt Payment Act . In such event , payment and retainage provisions shall <br /> be governed by the applicable grant requirements and 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 <br /> as a release to the OWNER from all claims and all liability to the CONTRACTOR <br /> other than claims in stated amounts as may be specifically excepted by the <br /> CONTRACTOR for all things done or furnished in connection with the work <br /> under this Contract and for every act and neglect of the OWNER and others <br /> relating to or arising out of the work . Any payment , however , final or otherwise , <br /> shall not release the CONTRACTOR or its sureties from any obligations under <br /> the Contract Documents or the Public Construction Bond . <br /> 00520 - Agreement ( Public Works) REV 04-07 <br /> 00520 - 4 <br /> 1\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)\2012028 Fairgrounds Phase 2 Overflow and Staging\00520 - Agreement (Public Works) REV 04-07 <br />.doc <br />