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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 or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A.Each request for a progress pays ent:shall be\submitted ori�#jpefapplication for payment form supplied by OWNER"ata the appli:; tion for payment shall contain t. ta the CONTRACTOR S certificpn. All pr "fess payjpentsr�-be on the basis of progress of the work measured y the s dule of walestablished, or in the case of unit price w ase ot; ,the_ umber of ants` completed. After fifty percent (50%) com ` ,_ an c Via?,_"suant to Florida Statutes section 218.735(8)(d), the CONCR ma ~submit a pay request to the County as OWNER for up to one half/2)"`° >the reaage held by the County as OWNER, and the Co OWNER`'" all ` pmptly mke payment to the CONTRACTOR unless suc Mo. are tsub'1e.of a good faith dispute; the subject of a 4-- claim pursuan 'alo at CJs se 55.05(2005); or otherwise the subject of laim or ded b a" unty as OWNER or the CONTRACTOR. The C TOR ac 00 dgesv, 1 where such retainage is attributable to the Iabo se ". or mat "11a sup 11' by one or more subcontractors or suppliers, the ,., tra orhall ti .'ely remit payment of such retainage to those y.. subcontractors n" sup Tiers. Pursuant to Florida Statutes section >. � ) )� 218.735 c , DO D TRACTOR further acknowledges and agrees that: 1) r r the Count yOWNER'shall receive immediate written notice of all decisions o a CONTRACTOR to withhold retainage on any subcontractor at greater p�eient (5%) after fifty percent (50%) completion; and 2) CONTRA 01 swill not seek release from the County as OWNER of the withheld retainage until the final pay request. T.+ 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 CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others 00520-4 00520-Agreement(Public Works)Sample 96 FAPublie WorksWNGINEERING DIVISION PROJECTSN317-85th St Millis 91 sl Ave to 101st Ave%Adminlagenda items100520-Agreement(Public Works)Sample.doc