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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 CO ACTOR until final <br />completion and acceptance of all work to be performe <br />the Contract Documents. Pursuant to Florida Sta <br />fifty percent (50%) completion means the point at <br />has expended fifty percent (50%) of the total cost a <br />work purchased under the Contract Documents, <br />associated with existing change orders � nd other additi <br />the construction services work provided -.r the Contra <br />ONTRACTOR under <br />section 18.735(8) (b), <br />the ty as OWNER <br />truction services <br />er with .,�a costs <br />tions to <br />6.03 Pay Requests. <br />A. Each request for a progress <br />payment form supplied by 0 <br />the CONTRACTOR'S ; 'ficatio <br />progress of the work ed b <br />case of unit price work <br />percent (50% <br />218.735(8)(d. <br />OWNER for u <br />and the County <br />unles,:�..r uch amou <br />clai a <br />of a <br />CONT <br />labor, s <br />e Con <br />subcontra <br />ct <br />e su -Q;i� the application for <br />applicati•r} r payment shall contain <br />ress payments will be on the basis of <br />schedule of values established, or in the <br />number of units completed. After fifty <br />comple ir d •b': ant to Florida Statutes section <br />CONT' '�T�''` : ay ' •mit a pay request to the County as <br />alf ('�,; of tainage held by the County as OWNER, <br />pro "ptly make payment to the CONTRACTOR <br />ect of a good faith dispute; the subject of a <br />t to Florij;, tatuf'= ;'section 255.05(2005); or otherwise the subject <br />and al;ge County as OWNER or the CONTRACTOR. The <br />es that where such retainage is attributable to the <br />s supplied by one or more subcontractors or suppliers, <br />r shall timely remit payment of such retainage to those <br />and suppliers. Pursuant to Florida Statutes section 218.735(8) (c) <br />CTOR further acknowledges and agrees that: 1) the County as <br />receive immediate written notice of all decisions made by <br />TOR to withhold retainage on any subcontractor at greater than five <br />/o) after fifty percent (50%) completion; and 2) CONTRACTOR will not <br />ase from the County as OWNER of the withheld retainage until the final <br />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 <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 />00520 - 4 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1137-OId Dixie Hwy Resurfacing IRF North Relief Canal to 71st ShAdmim\agenda items\00520 - Agreement (Public <br />Works)SAMPLE.doc <br />00520 - Agreement (Public Works)SAMPLE.doc <br />47 <br />