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(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 the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated 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 submittedfon the application for payment form supplied by OWNER and the application forpayment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established or in the case of unit price work based -on the number of units completed. After fifty percent (50%) completion/ and pursuant ''to Florida Statutes section 218.735(8)(d), the CONTRACTOR may\submit pay request to the County as OWNER for up to one half (1/2) of the retainage held byAlhe,County as OWNER, and the County as OWNER shall pptly make payment to the CONTRACTOR unless such amounts areAhrome\subject of/6 good faith dispute; the subject of a claim pursuant to Florida Statutes section,255.05; or otherwise the subject of a claim or demand by the \County\as 0)1‘,/AER or the CONTRACTOR. The CONTRACTOR acknowledges that where`such retainage is attributable to the labor, serviceor,materials `supplied.by'one or more subcontractors or suppliers, the Contractor, remit `payment of such retainage to those subcontractors and suppiiers.Rursuant to Florida Statutes section 218.735(8)(c), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER.shallreceive\immediate written notice of all decisions made by CONTRACTOR to withhold'retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek releasezfromthe-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 purchased by the County as OWNER which'are‘p'aid 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 GovernmentcP_rompt'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. 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 under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. @BCL@B8ODA909. 00520 - 4 C:\Users'Jeg ista r\AppDatatocal\Temp\BC L Technologies \easyPDF 8\@BCL@ B80DA909\@BCL@B80DA909. doc