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Engineer in accordance with the provisions of the Local Government Prompt Payment Act, <br /> Florida Statutes section 218. 70 at. seq . <br /> 5 . 1 . 1 . The Owner shall retain ten percent ( 10%) of the payment amounts due to the <br /> Contractor until fifty percent (50%) completion of the Work. After fifty percent (50%) <br /> completion of the Work is attained as certified to Owner by Engineer in writing , Owner <br /> shall retain five percent (5% ) of the payment amount due to Contractor until final <br /> completion and acceptance of all Work to be performed by Contractor under the Contract <br /> Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) <br /> completion means the point at which the County as Owner has expended fifty percent <br /> (50%) of the total cost of the construction services Work purchased under the Contract <br /> 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. Each request for a progress payment shall be submitted on the <br /> application for payment form supplied by Owner and the application for payment <br /> shall contain the Contractor's certification . All progress payments will be on the <br /> basis of progress of the Work measured by the schedule of values established , or in <br /> 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 ) , <br /> the Contractor may submit a pay request to the County as Owner for up to one half <br /> ( 112) of the retainage held by the County, and the County shall promptly make <br /> payment to the Contractor unless such amounts are the subject of a good faith <br /> dispute; the subject of a claim pursuant to Florida Statutes section 255. 05(2005); or <br /> otherwise the subject of a claim or demand by the County or the Contractor. The <br /> Contractor acknowledges that where such retainage is attributable to the labor, <br /> services, or materials supplied by one or more subcontractors or suppliers, the <br /> Contractor shall timely remit payment of such retainage to those subcontractors and <br /> suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005) , Contractor <br /> further acknowledges and agrees that: 1 ) the County shall receive immediate written <br /> notice of all decisions made by Contractor to withhold retainage on any <br /> subcontractor at greater than five percent (5%) after fifty percent (50%) completion; <br /> and 2) Contractor will not seek release from the County of the withheld retainage <br /> until the final pay request. <br /> 5.3 Paragraphs 5. 1 . 1 and 5 .2 do not apply to construction services Work purchased by <br /> the County as Owner which are paid for, in whole or in part, with federal funds and <br /> are subject to federal grantor laws and regulations or requirements that are contrary <br /> to any provision of the Local Government Prompt Payment Act. In such event, <br /> payment and retainage provisions shall be governed by the applicable grant <br /> requirements and guidelines. <br /> ARTICLE 8. INTEREST. <br /> Not Applicable. <br /> ARTICLE 7. CONTRACTOR'S REPRESENTATIONS . <br /> In order to induce OWNER 'to enter into this Agreement, CONTRACTOR makes the following <br /> representations: <br /> 00530-3 <br /> F:Wtililies\LMLITY - ENGINEERING\Projects - Assessment Projects%WINTER BEACH PARK PETITION WATER SERVICE\BIO <br />