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r V.i <br /> ARTICLE 5. PAYMENT PROCEDURES. <br /> CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the <br /> General Conditions . Applications for Payment will be processed by ENGINEER as <br /> provided in the General Conditions. <br /> 5. 1 Progress Payments. The OWNER shall make progress payments to the <br /> CONTRACTOR on the basis of the approved partial payment request as <br /> recommended by ENGINEER in accordance with the provisions of the Local <br /> Government Prompt Payment Act, Florida Statutes section 218.70 et. seq . The <br /> 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 <br /> percent (50%) completion of the work is attained as certified to OWNER by <br /> ENGINEER in writing , OWNER shall retain five percent (5%) of the payment <br /> amount due to CONTRACTOR until final completion and acceptance of all work <br /> to be performed by CONTRACTOR under the Contract Documents. Pursuant to <br /> Florida Statutes section 218.735(8) (b) , fifty percent (50%) completion means the <br /> point at which the County as OWNER has expended fifty percent (50%) of the <br /> total cost of the construction services work purchased under the Contract <br /> Documents, together with all costs associated with existing change orders and <br /> other additions or modifications to the construction services work provided under <br /> the Contract 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 <br /> payment shall contain the CONTRACTOR's certification . All progress payments <br /> will be on the basis of progress of the work measured by the schedule of values <br /> established , or in the case of unit price work based on the number of units <br /> completed. After fifty percent (50%) completion , and pursuant to Florida <br /> Statutes section 218.735(8) (d) , the CONTRACTOR may submit a pay request to <br /> the County as OWNER for up to one half ( 1 /2) of the retainage held by the <br /> County as OWNER , and the County as OWNER shall promptly make payment to <br /> the 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 at <br /> 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 /> 5.3 Paragraphs 5 . 1 . 1 and 5.2 do not apply to construction services work purchased <br /> by the County as OWNER which are paid for, in whole or in part, with federal <br /> funds and are subject to federal grantor laws and regulations or requirements <br /> that are contrary to any provision of the Local Government Prompt Payment Act. <br /> 044572015 <br /> 00530-3 <br />