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6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in 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 StatutAwlection 218.735(8)(b), fifty percent (50%) completion means the point at .1`8 the County as OWNER has expended fifty percent (50%) of the total cost he construction services work purchased under the Contract Documents to etherwvith allrco5ts associated with 9 i ivlf://� existing change orders and other additions or modifications to the construction services work provided under the Contra'iaDocuments "'t Aft. 6.03 Pay Requests. A. Each request for a progress MkIR ent shall �e sbbmitted oneNd-he application for payment form su lied b Okand t, a licati'n for: merit shall contain �k the CONTRACTOR'S ;certificatiMP5,01 prd(i' ess payor swill be on the basis of progress of the work meas'Med by t . schedule of values established, or in the case of unit price work b se%on MIh�umber of units completed. After fifty .. Sr � tt. percent (50%) comple ton, �'nd purswant to Florida Statutes section 218.735(8)(t3e CONTRACTORMay suit a pay request to the County as OWNER folio o', a half (1of theetainage held by the County as OWNER, and the County}�as:.ONER shall promply make payment to the CONTRACTOR unless such am ha ar 11 subject of a good faith dispute; the subject of a clai�n�rsuant to Florida StatM81section 255.05(2005); or otherwise the subject of a�cIMAMObt deman1b Jhe County as OWNER or the CONTRACTOR. The C'�Z��knowj` ages that where such retainage is attributable to the labor, Mr'Yices, 8NAkitenalMpplied by one or more subcontractors or suppliers, the Cont}act hafF irnely remit payment of such retainage to those 'il!' �Y subcontracts- and suppliers. Pursuant to Florida Statutes section �2 8,735(8)(c;).(2005), CONTRACTOR further acknowledges and agrees that: 1) :rr.:,:., ,..... f% fity asNOWNER shall receive .immediate written notice of all decisions made by� . > 2ACTOR to withhold retainage on any subcontractor at greater than five.' ercent (5%) after fifty percent (50%) completion; and 2) CONT OR will not seek release from the County as OWNER of the withhe'Id"''retainage until the final pay request. 6.04 Paragraphs 6.02 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. @BCL@ 18059934 00520-4 C:\Users\GRANIC-1WppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@18059934k@BCL@18059934.doc P80