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A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 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 infw'riting, OWNER shall retain five percent (5%) of the payment amount due 4? :CONTRACTOR until final completion and acceptance of all work to be performedlby 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 constructionJseniices work purchased under the Contract Documents together with all costs associatil with existing change orders and othejadditions"off modifications.to the construction services work provided under the Contract Documents. } 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by'OWNER and,the application for payment shall contain the CONTRACTOR'S certification. All`prbgress 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 oh the number of units completed. After fifty percent (50%)\completion,\ end pursuant to Florida Statutes section 218.735(8)(d), the`CONTRACTOR may submit a pay request to the County as OWNER for` to one half (1/2)'of the retainage held by the County as OWNER, and the'County-as OWN.ER\shall promptly make payment to the CONTRACTOR unless such amounts -are -the subject of a 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 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, 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' shall receive 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 release from the 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 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. 4,21 00520 - 4 C:\Users\legista r\Ap p Data\Local\Temp\BCL Technologies \easyPD F 8\@BCL@ F80 D3400\@BC L@ F80D3400.doc