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(50%) completion of the work. After fifty percent (50%) completion of the work is attained <br /> as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) <br /> of the payment amount due to CONTRACTOR until final completion and acceptance of <br /> all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to <br /> Florida Statutes section 218.735(8)(b),fifty percent (50%) completion means the point at <br /> which the County as OWNER has expended fifty percent (50%) of the total cost of the <br /> construction services work purchased under the Contract Documents, together with all <br /> costs associated with existing change orders and other additions or modifications to the <br /> construction services work provided under the Contract Documents. <br /> 6.03 Pay Requests. <br /> A.Each request for a progress payment shall be submitted on the application for payment <br /> form supplied by OWNER and the application for payment shall contain the <br /> CONTRACTOR'S certification. All progress payments will be on the basis of progress of <br /> the work measured by the schedule of values established, or in the case of unit price <br /> work based on the number of units completed After fifty percent (50%) <br /> completion, and pursuant to Florida Statutes section <br /> 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER <br /> for up to one half(1/2) of the retainage held by the County as OWNER, and the County as <br /> OWNER shall promptly make payment to the CONTRACTOR unless such amounts are <br /> the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes <br /> section 255.05(2005); or otherwise the subject of a claim or demand by the County as <br /> OWNER or the CONTRACTOR The CONTRACTOR acknowledges that where such <br /> retainage is attributable to the labor, services, or materials supplied by one or more <br /> subcontractors or suppliers, the Contractor shall timely remit payment of such retainage <br /> to those subcontractors and suppliers. Pursuant to Florida Statutes section <br /> 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the <br /> County as OWNER shall receive immediate written notice of all decisions made by <br /> CONTRACTOR to withhold retainage on any subcontractor at greater than five percent <br /> (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release <br /> from the County as OWNER of the withheld retainage until the final pay request. <br /> 604 Paragraphs 6.02 and 6 03 do not apply to construction services work purchased by the County <br /> as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor <br /> laws and regulations or requirements that are contrary to any provision of the Local Government Prompt <br /> Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant <br /> requirements and guidelines. <br /> 6.05 Acceptance of Final Payment as Release. <br /> A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a <br /> release to the OWNER from all claims and all liability to the CONTRACTOR other than <br /> claims in stated amounts as may be specifically excepted by the CONTRACTOR for <br /> all things done or furnished in connection with the work under this Contract and for <br /> every act and neglect of the OWNER and others relating to or arising out of the work <br /> Any payment, however, final or otherwise, shall not release the CONTRACTOR or its <br /> sureties from any obligations under the Contract Documents or the Public Construction <br /> 00520-4 <br />