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ARTICLE 6 - PAYMENT PROCEDURES <br />6.01 Submittal and Processing of Payments <br />A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 <br />of the General Conditions. Applications for Payment will be processed by <br />ENGINEER as provided in the General Conditions and the Contract Documents. <br />6.02 Progress Payments. <br />A. The OWNER shall make progress payments to the CONTRACTOR on the basis of <br />the approved partial payment request as recommended by ENGINEER in <br />accordance with the provisions of the Local Government Prompt Payment Act, <br />Florida Statutes section 218.70 et. seq. The OWNER�shall�retain ten percent <br />(10%) of the payment amounts due P the CONTRACTOR until fifty percent <br />(50%) completion of the work. After fifty,percent (50%) completion of -the work is <br />attained as certified to OWNER by ENGINEER in writing\, WNEE shall retain <br />five percent (5%) of the payment amount4due to CONTRACTOR until final <br />completion and acceptance�of/all w`o �k\to be\performed,by CONTRACTOR <br />under the Contract Documents. Pursuant to\Florida�Statutes section <br />218.735(8)(b), fifty percent (5�0°/)\completion means the point at which the <br />County as OWNER has xpe nded fifty percent (50%)=of the total cost of the <br />construction services work\purchased under the Contract Documents, together <br />with all costs associated with existing\change orders and other additions or <br />modifications --to the construction services 'work provided under the Contract <br />Documents <br />6.03 Pay <br />A. Each eequest'fo` progress payment shall be submitted on the application for <br />payment `form supplied,\by,OWNER and the application for payment shall <br />contain the CONTRACTOR'S? certification. All progress payments will be on the <br />basis ofNprogress/of-the work measured by the schedule of values established, <br />r <br />or in the case�of unit price work based on the number of units completed. After <br />fifty --percent x(50%) completion, and pursuant to Florida Statutes section <br />218.735(8.)(d)., the CONTRACTOR may submit a pay request to the County as <br />_ <br />OWNER\for up� to one half (1/2) of the retainage held by the County as <br />OWNER,, and the County as OWNER shall promptly make payment to the <br />CONTRACTOR unless such amounts are the subject of a good faith dispute; <br />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 as OWNER or the <br />CONTRACTOR. The CONTRACTOR acknowledges that where such retainage <br />is attributable to the labor, services, or materials supplied by one or more <br />subcontractors or suppliers, the Contractor shall timely remit payment of such <br />retainage to those subcontractors and suppliers. Pursuant to Florida Statutes <br />section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees <br />that: 1) the County as OWNER shall receive immediate written notice of all <br />decisions made by CONTRACTOR to withhold retainage on any subcontractor <br />at greater than five percent (5%) after fifty percent (50%) completion; and 2) <br />CONTRACTOR will not seek release from the County as OWNER of the <br />withheld retainage until the final pay request. <br />194 <br />