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(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 ,,,M,,, completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 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, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be s ted % he application for payment form supplied by OWNER and the applica yment shall contain the CONTRACTOR'S certification. All I , ress payrn ill be on the basis of progress of the work measured by the dule of value tablis - or in the case of unit price work based o the n er of units I After fifty percent (50%) completion, F sua to Florida tes section 218.735(8)(d), the CONT R m bmi y requ ,t to the County as OWNER for up to one half (1" , the re age h y t unty as OWNER, and the County as OW sha mpt ake pa the CONTRACTOR unless such amounts a sub good faith ispute; the subject of a claim pursuant to Florid es se 255.05(2005); or otherwise the subject of a claim or demand b my WNER or the CONTRACTOR. The CONTRACT acknowle s her h retainage is attributable to the labor, servi terials pli one more subcontractors or suppliers, the Contrac mel emit 1ment of such retainage to those subcontractors a Pur ant to Florida Statutes section 21 8)(c)(200 ON ? R further acknowledges and agrees that: 1) the SOW " hall r e immediate written notice of all decisions mad CT withhold retainage on any subcontractor at greater than pe (50 ter fifty percent (50%) completion; and 2) CONT TO seek release from the County as OWNER of the withheld r e unti a final pay request. 6.04 an .03 do not apply to construction services work purchased by the County as VV R w ar aid for, in whole or in part, with federal funds and are subject to federal grantor laws an gu ations or requirements that are contrary to any provision of the Local Government Pro . Payment Act. In such event, payment and retainage provisions shall be governed by they � .;, able 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 CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 00520-Agreement(Public Works)SAMPLE.doc 00520-4 ^ F:\Public Works\ENGINEERING DIVISION PROJECTS11132-CR 512 Ebnd Resurfacing Roseland Rd to Easy St-SEE PROJ 0926\Admim\agenda items\00520-Agreements{J (Public Works)SAMPLE.doc