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ARTICLE 5 - PAYMENT PROCEDURES <br />5.1 Progress Payments. <br />A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved <br />partial payment request as recommended by ENGINEER in accordance with the provisions of the <br />Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall <br />retain ten percent (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 attained as <br />certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment <br />amount due to CONTRACTOR until final completion and acceptance of all work to be performed by <br />CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), <br />fifty percent (50%) completion means the point at which the County as OWNER has expended fifty <br />percent (50%) of the total cost of the construction services work purchased under the Bid and <br />Specification Documents, together with all costs associated with existing change orders and other <br />additions or modifications to the construction services work provided under the Contract <br />Documents. <br />5.2 Pay Requests. <br />A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress <br />payments will be on the basis of progress of the work measured by the schedule of values <br />established, or in the case of unit price work based on the number of units completed. After fifty <br />percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the <br />CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the <br />retainage held by the County as OWNER, and the County as OWNER shall promptly make <br />payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the <br />subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of <br />a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR <br />acknowledges that where such retainage is attributable to the labor, services, or materials <br />supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment <br />of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section <br />218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as <br />OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold <br />retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) <br />completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld <br />retainage until the final pay request. <br />5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as <br />OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and <br />regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In <br />such event, payment and retainage provisions shall be governed by the applicable grant requirements and <br />guidelines. <br />5.4 Acceptance of Final Payment as Release. <br />A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to <br />the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated <br />