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i 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 whir Nce County as OWNER has expended fifty percent (50%) of the total cost oft_he construction services work purchased under the Contract Documents, togetherwith all costs associated with existing change orders and other additions or moiiificationsso the construction services work provided under the Contract Documen s:. 6.03 Pay Requests. A.Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and th.e.application for payment shall contain the CONTRACTOR'S c ficati%�M progress payments payment be on the basis of AMA progress of the work measurede schedule of va ui _esestablished, or in the case of unit price woasedonhe number of units completed. After fifty percent (50%) completion, and pursugtant to Florida Statutes section 218.735(8)(d), the CONTRtle*ACTOmay suml t a pay request to the County as OWNER for up to one half (1�) O thretainage held by the County as OWNER, and the Countyas OWNER shall pro:,ptly make payment to the CONTRACTOR unless such amounts ark the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTIRM acknowledges that where such retainage is attributable to the laborservices, or materials supplied by one or more subcontractors or suppliers, I the Contractor. shall timely remit payment of such retainage to those sub contractors and suppliers. Pursuant to Florida Statutes section l 218.735(8)(c);(r.005), CONTRACTOR further acknowledges and agrees that: 1) the County asOWNER shall receive immediate written notice of all decisions matle by CONITRACTOR 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. I� 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 Public WorksIENGINEERING DIVISION PROJECTS\1205-Vero Lake Estates Swk-87th St_101st Ave to CR510(tAP)VAdmimlagenda items100520-Agreement(Public Works)FOR LAP PROJECTS ONLY.doc 11