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A. The OWNER shall make progress payments to the CONTRACTOR on the basis of <br />the approved partial payment request as recommended by ENGINEER in <br />accordance with the provisions of the Local Government Prompt Payment Act, <br />Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent <br />(10%) of the payment amounts due to the CONTRACTOR until fifty percent <br />(50%) completion of the work. After fifty percent (50%) completion of the work is <br />attained as certified to OWNER by ENGINEER in writing, OWNER shall retain <br />five percent (5%) of the payment amount due to CONTRACTOR until final <br />completion and acceptance of all work to be performed by CONTRACTOR under <br />the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty <br />percent (50%) completion means the point at which the County as OWNER has <br />expended fifty percent (50%) of the total cost of the construction services work <br />purchased under the Contract Documents, togetherwith all costs associated with <br />existing change orders and other additions or�mo6fications to the construction <br />services work provided under the Contract Documents., <br />6.03 Pay Requests. <br />A. Each request for a progress payment -shall 'b submitted on-,th�e`application for <br />11 N payment form supplied by OWNER -and the application for payment shall contain <br />the CONTRACTOR'S certification. All progress payments will\be on the basis of <br />progress of the work meaosured. by the schedule 8iwalues established, or in the <br />case of unit price work based .n the number of units completed. After fifty <br />percent (50%) completion;\ and\\pursuant to Florida Statutes section <br />218.735(8)(d), the CONTRACTOR may submit a pay request to the County as <br />OWNER for up to one half (1/2),of�the retainage held by the County as OWNER, <br />and the CoAlasOWNER shaVpromptly make payment to the CONTRACTOR <br />unless sucli,amounts are the subject of a good faith dispute; the subject of a <br />claim pursuant,to�Flori a Statutes seetion� 255.05(2005); or otherwise the subject <br />of a -claim or demand by.the­County as OWNER or the CONTRACTOR. The <br />CONTRACTOR acknowledges that where such retainage is attributable to the <br />labor -,services, or materials supplied by one or more subcontractors or suppliers, <br />the Contracto -shall timely remit payment of such retainage to those <br />subcontractors and suppliers. Pursuant to Florida Statutes section <br />218.735(•8)1(c)(2005 'CONTRACTOR further acknowledges and agrees that: 1) <br />the Count'yy as�OWNER shall receive immediate written notice of all decisions <br />made= -by CONTRACTOR to withhold retainage on any subcontractor at greater <br />than-- fve\ percent (5%) after fifty percent (50%) completion; and 2) <br />CONTRACTOR: will not seek release from the County as OWNER of the <br />withheld retainage until the final pay request. <br />6.04 Paragraphs'�6.02'and 6.03 do not apply to construction services work purchased by the <br />County as OWNER which are paid for, in whole or in part, with federal funds and are subject to <br />federal grantor laws and regulations or requirements that are contrary to any provision of the <br />Local Government Prompt Payment Act. In such event, payment and retainage provisions shall <br />be governed by the applicable grant 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 <br />as a release to the OWNER from all claims and all liability to the CONTRACTOR <br />other than claims in stated amounts as may be specifically excepted by the <br />@BCL@6C0D3FB8f)5 <br />00520-4 <br />C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6COD3FB8\@BCL@6COD3FB8.doc <br />