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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 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 ormoidifications to the construction services work provided under the Contract Documents. 7 6.03 Pay Requests. A. Each request for a progress payment -shall 'beisubmitted onhe'application for payment form supplied by OWNER -and the application for payment shall contain the CONTRACTOR'S certification. All progresspayments withbe 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 theInumber of units completed. After fifty percent (50%) completions and\pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR maysubmit 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 Coun'tylas OWNER\shall`promptly'rnake payment to the CONTRACTOR unless such \amounts are the subject of a good faith dispute; the subject of a claim pursuant\toFlorida-Statutes section 255.05; or otherwise the subject of a claim`or demand\ by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers:%Pursuant 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 releasee frorn the County as OWNER of the withheld retainage until the final pay reque'st.. 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. 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 @BCL@300EB6FFS4 00520 - 4 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@300EB6FF\@BCL@300EB6FF.doc