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U <br />based on the number of units completed) or, in the event there is no schedule of values as <br />provided in the General Requirements. The OWNER shall retain ten percent (10%) of the <br />payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the <br />work. After fifty percent (50%) completion of the work is attained as certified to OWNER <br />by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount <br />a due to CONTRACTOR until final completion and acceptance of all work to be performed <br />by 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 />B. Pay Requests. Each request for a progress payment shall be submitted on the application <br />for 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 <br />the work measured by the schedule of values established, or in the case of unit price work <br />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 pay <br />request to the County as OWNER for up to one half (1/2) of the retainage held by the <br />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 a <br />claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR <br />acknowledges that where such retainage is attributable to the labor, services, or materials <br />supplied by one or more subcontractors or suppliers, the Contractor shall timely remit <br />payment of such retainage to those subcontractors and suppliers. Pursuant to Florida <br />Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees <br />that: 1) the County as OWNER shall receive immediate written notice of all decisions <br />made by CONTRACTOR to withhold retainage on any subcontractor at greater than five <br />percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek <br />release from the County as 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 by <br />the 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 />6.03. Acceptance and Final Payment <br />A. Upon receipt of written notice that the work is ready for final inspection and acceptance, <br />the ENGINEER will promptly make such inspection and when the ENGINEER finds the <br />work acceptable under the terms of the Contract and the Contract fully performed, the <br />ENGINEER will promptly issue a final completion certificate stating that the work provided <br />for in this Contract has been completed, and acceptance by the OWNER under the terms <br />and the conditions thereof is recommended and the entire balance found to be due the <br />CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County <br />aCommission approval of the final Contract payment. <br />6.04. Acceptance of Final Payment as Release. <br />Last Revision 12/2008 00520-3 Egret Marsh <br />