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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 (W 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 Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which a County as OWNER has expended fifty percent (50%) of the total cost of onstruction services work purchased under the Contract Documents, tog ith all costs associated with existing change orders and other additions or 'fication to the construction services work provided under the Contract Docum 6.03 Pay Requests. A.Each request for a progress pay all bmitted on plication for payment form supplied by O a e ap tion for pay t shall contain the CONTRACTOR'S certifi All p ess p ents a on the basis of progress of the work m sure the s Jule o stablished, or in the case of unit price w sed mber of u completed. After fifty percent (50%) com and uant to Florida Statutes section 218.735(8)(d), the CON R ma bmit a pay request to the County as OWNER for u to one hal 2 e re ge held by the County as OWNER, (W and the Co OWNE I all ptly payment to the CONTRACTOR unless such re th ubje a good faith dispute; the subject of a claim pursuan o t sects 55.05(2005); or otherwise the subject of aim or de b my as OWNER or the CONTRACTOR. The C TOR ac edge where such retainage is attributable to the labo a or mat suppil d by one or more subcontractors or suppliers, the trac all ti remit payment of such retainage to those subcon tors sup ers. Pursuant to Florida Statutes section 218.735 5), TRACTOR further acknowledges and agrees that: 1) the Count OWNER shall receive immediate written notice of all decisions C RACTOR to withhold retainage on any subcontractor at greater P nt (5%) after fifty percent (50%) completion; and 2) CONT O will not seek release from the County as OWNER of the withheld r inage until the final pay request. 6.04 Paragraphs . 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. (aw 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 00520-Agreement(Public Works)SAMPLE.doc 00520-4 A F:1Public Works\ENGINEERING DIVISION PROJECTS19334-12th Street 8 27th Avenue Intersection ImprovementsWdmim\agenda items100520-Agreement(Public Works) Vh SAMPLE.doc