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A. The OWNER shall make progress payments to the CONTRACTOR on the b sis of the approved partial payment request as recommended by ENGIN ER in accordance with the provisions of the Local Government Prompt Payme t Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten ercent (10%) of the payment amounts due to the CONTRACTOR until fifty ercent (50%) completion of the work. After fifty percent (50%) completion of the ork is attained as certified to OWNER by ENGINEER in writing, OWNER shal retain five percent (5%) of the payment amount due to CONTRACTOR un it final completion and acceptance of all work to be performed by CONTRACTO under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)( ), fifty percent (50%) completion means the point at which the County as OWN R has expended fifty percent (50%) of the total cost of the construction service work purchased under the Contract Documents, together with all costs associat d 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 submitted on the application for payment form supplied by OWNER and the application for payment shall urontain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, o in the case of unit price work based on the number of units completed. Af er fifty percent (50%) completion, and pursuant to Florida Statutes ection 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subj ct of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the ubject of a claim or demand by the County as OWNER or the CONTRACTO . The CONTRACTOR acknowledges that where such retainage is attributabl to the labor, services, or materials supplied by one or more subcontractors or su pliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes ection 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees hat: 1) the County as OWNER shall receive immediate written notice of all d cisions made by CONTRACTOR to withhold retainage on any subcontractor at reater than five percent (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 purchase 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 provisio of the Local Government Prompt Payment Act. In such event, payment and retainage provisio s 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 CONTRACTOR for all things done or furnished in connection with the work Agreement 00520 - 4 Z.\Bids12014-2015 FY (2015000)12015010 - VLE Petition MillingsWgreement.doc