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i <br /> i <br /> Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent ( 10 % ) of the payment <br /> amounts due to the CONTRACTOR until fifty percent ( 50 % ) completion of the work . After fifty <br /> percent - (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 CONTRACTOR <br /> until final 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 percent <br /> ( 50 % ) completion means the point at which the County as OWNER has expended fifty <br /> percent ( 50 % ) of the total cost of the construction services work purchased under the <br /> Contract Documents , together with all costs associated with existing change orders and other <br /> additions or modifications to the construction services work provided under the Contract <br /> 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 <br /> work measured by the schedule of values established , or in the case of unit price work based <br /> on the number of units completed . After fifty percent (50 % ) completion , and pursuant to <br /> Florida Statutes section 218 . 735 ( 8 ) ( d ) , the CONTRACTOR may submit a pay request to the <br /> County as 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 unless such <br /> amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida <br /> Statutes section 255 .05 (2005 ) ; or otherwise the subject of a claim or demand by the County <br /> as OWNER or the CONTRACTOR . The CONTRACTOR acknowledges that where such <br /> retainage is attributable to the labor , services , or materials supplied by one or more <br /> subcontractors or suppliers , the Contractor shall timely remit payment of such retainage to <br /> those 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 ( 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 <br /> 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 <br /> shall be governed by the applicable grant requirements and guidelines . <br /> 5 . 4 ACCEPTANCE AND FINAL PAYMENT : Upon receipt of written notice that the work is <br /> ready for final inspection and acceptance , the ENGINEER will promptly make such <br /> inspection and when the ENGINEER finds the work acceptable under the terms of the <br /> Contract and the Contract fully performed , the ENGINEER will promptly issue a final <br /> completion- certificate stating that the work provided . for in this Contract has been <br /> completed , and acceptance by the OWNER under the terms and the conditions thereof is <br /> recommended and the entire balance found to be due the CONTRACTOR , will be paid to <br /> the CONTRACTOR by the OWNER following County Commission approval of the final <br /> Contract payment . <br /> 5 . 5 Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of final <br /> payment shall be and shall operate as a release to the OWNER from all claims and all <br /> 00530-4 <br />