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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 to 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, OWNER shall retain <br />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 <br />the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty <br />percent (50%) completion means the point at which the County as OWNER has <br />expended fifty percent (50%) of the total cost of the construction services work <br />purchased under the Contract Documents, together with all costs associated with <br />existing change orders and other additions or modifications to the construction <br />services work provided under the Contract Documents. <br />6.03 Pay Requests. <br />A. Each request for a progress payment shall be submitted on the application for <br />payment form supplied by OWNER and the application for payment shall contain <br />the CONTRACTOR'S certification. All progress payments will be on the basis of <br />progress of the work measured by the schedule of values established, or in the <br />case of unit price work based on the number of units completed. After fifty <br />percent (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 />OWNER for up to one half (1/2) of the retainage held by the County as OWNER, <br />and the County as OWNER shall promptly make payment to the CONTRACTOR <br />unless such amounts are the subject of a good faith dispute; the subject of a <br />claim pursuant to Florida Statutes section 255.05; or otherwise the subject of a <br />claim or demand by the County as OWNER or the CONTRACTOR. The <br />CONTRACTOR acknowledges that where such retainage is attributable to the <br />labor, services, or materials supplied by one or more subcontractors or suppliers, <br />the Contractor shall timely remit payment of such retainage to those <br />subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c), <br />CONTRACTOR further acknowledges and agrees that: 1) the County as <br />OWNER shall receive immediate written notice of all decisions made by <br />CONTRACTOR to withhold retainage on any subcontractor at greater than five <br />percent (5%) after fifty percent (50%) .completion; and 2) CONTRACTOR will not <br />seek release from the County as OWNER of the withheld retainage until the final <br />pay request. <br />6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the <br />County as OWNER which are paid for, in whole or in part, with federal funds and are subject to <br />00520 - Agreement (Public Works) REV 10-18.doc <br />00520-4 <br />H:\Bids\.2020-2021 FY (2021000)12021012 Sector 3 Dune Rebld100520 -Agreement (Public Works) REV 10-18.doc <br />