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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 a County as OWNER has expended fifty percent (50%) of the total cost pfffi,`e 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 Document"s :;;,'- 6.03 Pay Requests. A.Each request for a progress p "pient`sfi�l be '�uzbmitted onXthe application for payment form supplied by O i=R and lb' a1raf n for. rnent shall contain the CONTRACTOR'S certifica i� ; All press pay . II be on the basis of -: . progress of the work rrieiisured by.', die s. edule of vat'u established, or in the case of unit price wog"�' d ori e number of units completed. After fifty percent (50%) compl . and pursuant to Florida Statutes section 218.735(8)(d the CONT CTS. ,may s IN a pay request to the County as OWNER for4 0 one half �: ) o . ...rel 1i held by the County as OWNER, Wim- and the Coun �i- S`n NER s ` II pr ry make payment to the CONTRACTOR unless such a�a ,pnt A he ` bject }faa good faith dispute; the subject of a clai ursuant t�` rida3 section 255.05(2005); or otherwise the subject of or dema Eby the Iraty as OWNER or the CONTRACTOR. The CO ._y ackno? ges that where such retainage is attributable to the labor 'ervices�brnrpate ri :supplied by one or more subcontractors or suppliers, ;.. the Coit Ctor i all,,tim Iy remit payment of such retainage to those subcontrato ' ani' appliers. Pursuant to Florida Statutes section 218.735(8)(. 005), CONTRACTOR further acknowledges and agrees that: 1) : the',C unty `as OWNER shall receive immediate written notice of all decisions " : : • r 3 •.. � ma21 byCTOR to withhold retainage on any subcontractor at greater than five..per ent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld;,[etainage 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 other than claims in stated amounts as may be specifically excepted by the 00520-Agreement(Public Works)FOR LAP PROJECTS ONLY 00520-4 g5 F:%Publie Works%ENGINEERING DIVISION PROJECTS\1205-Vero Lake Estates Swk-87th St-101st Ave to CR510(tAP)Wdmimtagenda items100520-Agreement(Public Works)FOR LAP PROJECTS ONLY.doc