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6.02 Progress Payments. 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 perfo ed by CONTRACTOR under the Contract Documents. Pursuant to Florida Stat es section 218.735(8)(b), fifty percent (50%) completion means the point at w teh the County as OWNER has expended fifty percent (50%) of the total cost of construction services work purchased under the Contract Documents, together h sts associated with existing change orders and other additions or modi )cat s to the construction services work provided under the Cone' Documents. 6.03 Pay Requests. A. Each request for a progress p payment form supplied b OW the CONTRACTOR'S ._ _. progress of the work me case of unit price wo percent (50%) comple 218.735(8)( CONT OWNER for o e half and the County a un clam of a CONT ., CTOR labor, services, the Con subcontra ess o e su o .fitted _ei he application for applicatiro" yment shall contain fess paymen will be on the basis of hedule of values established, or in the umber of units completed. After fifty purse ant to Florida Statutes section ay subn it a pay request to the County as of the etainage held by the County as OWNER, prompty make payment to the CONTRACTOR ject of a good faith dispute; the subject of a uant to Flo ii�ia Statut .€ ction 255.05(2005); or otherwise the subject emandbythe County as OWNER or the CONTRACTOR. The cknowle gees that where such retainage is attributable to the aterials supplied by one or more subcontractors or suppliers, imely remit payment of such retainage to those and suppliers. Pursuant to Florida Statutes section 8)(o:2005), CONTRACTOR further acknowledges and agrees that: 1) ty asoWNER shall receive immediate written notice of all decisions ONTRACTOR to withhold retainage on any subcontractor at greater percent (5%) after fifty percent (50%) completion; and 2) OR will not seek release from the County as OWNER of the retainage until the final pay request. he 35 sha ora made by than fiv CO withh 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 Govemment 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 00520 - Agreement (Public Works) REV 06-14 - SAMPLE 00520 - 4 F:1Public Works1ENGINEERING DIVISION PROJECTS11232-1st St SW 43rd Ave Intersec ImprovlAdmimtagenda items \C0520 - Agreement (Public Works) REV 06-14 - SAMPIE.doc 96