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A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutessection 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, togetlerwith all costs associated with existing change orders and other additions or mcationss to the construction services work provided under the Contract Documents 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and th.application for y,.ment shall contain the CONTRACTOR'S certification. All progress pay encs ill be on the basis of progress of the work measured by the schedule of valu,ss established, or in the case of unit price work based on he number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTACTOR. may submit a pay request to the County as OWNER for up to one half 12) ofhe retainage held by the County as OWNER, and the County as OWNER s gall promptly make payment to the CONTRACTOR unless such amounts are the subjectoa good faith dispute; the subject of a claim pursuant toi=�l'orida Statutes section 255.05(2005); or otherwise the subject of talaim or dem' by the .County as OWNER or the CONTRACTOR. The CONT CJOR acknowledges that where such retainage is attributable' to the labor, services;- or: matels su riapplied by one or more subcontractors or suppliers, the Contactor s all timely remit payment of such retainage to those subcontractors -'and' ;suppliers. Pursuant to Florida Statutes section 218.735(8)(02005), CONTRACTOR further acknowledges and agrees that: 1) theeBounty as, .OWNER shall receive immediate written notice of all decisions by;CONRACTOR to withhold retainage on any subcontractor at greater than five &. pereent (5%) after fifty percent (50%) ) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the 00520 - Agreement (Public Works) SAMPLE 00520 - 4 F\Public Works\ENGINEERING DIVISION PROJECTS\1304-CR 512 Resurf (SCOP)_125th Ave to I-951Admim\agenda items100520 - Agreement (Public Works) SAMPLE.doc 38