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6 . 02 Progress Payments. <br /> A . The OWNER shall make progress payments to the CONTRACTOR on the basis of <br /> the approved partial payment request as recommended by ENGINEER in <br /> accordance with the provisions of the Local Government Prompt Payment Act , <br /> Florida Statutes section 218 . 70 et. seq . The OWNER shall retain ten percent <br /> ( 10 % ) of the payment amounts due to the CONTRACTOR until fifty percent <br /> ( 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 <br /> five percent ( 5 % ) of the payment amount due to CONTRACTOR until final <br /> comp e ion and acceptance of all work o 3e pefformed by UUN I RAG I UK 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 em OWNER shall promptly make payment to the r. nNTRACTOR <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 /> 00520 - Agreement ( Public works) REV 04-07 . doc <br /> 00520 - 4 <br /> F :\Public Works\E NG INEE RING DIVISION PROJECTS\0550 SR60R58th Ave Intersection Improvements (KHA)V+dmimlBid DocumentsW0520 • Agreement (Public Works) <br /> REV 04-07 .doc <br />