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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 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 X 6.03 Pay Requests. A.Each request for a progress paYent shit be salt ora ,the application for payment form supplied by OWN J and t ;'applicatio fopayment shall contain At'othe CONTRACTOR'S cation 1. r�®ress a mee will be on the basis of progress of the work ma ed by ' .- hedule of values established, or in the case of unit price wor 'a.: -°:fie ,,on th"'-'�,,p.umber of units completed. After fifty percent (50%) comple a e, -k4;.,..!, puns t to Florida Statutes section 218.735 8 • CONT- TO -y sub* a pay request to the County as OWNER for' •,,on half ( a .:of t �tainage held by the County as OWNER, and the County OWN ' sh prom ly make payment to the CONTRACTOR unl ss;such amo .tts are: d eject of a good faith dispute; the subject of a cla> �" rsuant to Flo i--Stat ` -__`section 255.05(2005); or otherwise the subject of a - ` ?,r eman• • the County as OWNER or the CONTRACTOR. The CONT ACTO< cknowreiggs that where such retainage is attributable to the fig,- labor, s .,, Ices, 2,t;', :t-,_ialNtipplied by one or more subcontractors or suppliers, the Co ect.''shall yimely remit payment of such retainage to those ,. subcontract+ and suppliers. Pursuant to Florida Statutes section ,' �2 735(8)(c 2005), CONTRACTOR further acknowledges and agrees that: 1) •ttrrty a WNER shall receive immediate written notice of all decisions made byaON ( ACTOR 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. 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 00520-Agreement(Public Works)SAMPLE 00520-4 27 F:1Public WorkstENGINEERING DIVISION PROJECTSN506-Gifford Neighborhood 45th St BeautificationlAdminlagenda itemsW0520-Agreement(Public Works) SAMPLE.doc