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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 of <br /> the General Conditions. Applications for Payment will be processed by ENGINEER <br /> 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 (50%) <br /> completion of the work. After fifty percent (50%) completion of the work is attained <br /> as certified to OWNER by ENGINEER in writing , OWNER shall retain five percent <br /> (5%) of the payment amount due to CONTRACTOR until final completion and <br /> 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 <br /> percent (50%) of the total cost of the construction services work purchased under <br /> the Contract Documents, together with all costs associated with existing change <br /> orders and other additions or modifications to the construction services work <br /> 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 percent <br /> (50%) completion , and pursuant to Florida Statutes section 218. 735(8) (d) , the <br /> CONTRACTOR may submit a pay request to the County as OWNER for up to one <br /> half ( 1 /2) of the retainage held by the County as OWNER , and the County as <br /> OWNER shall promptly make payment to the CONTRACTOR unless such <br /> amounts are the subject of a good faith dispute; the subject of a claim pursuant to <br /> Florida Statutes section 255 .05(2005) ; or otherwise the subject of a claim or <br /> demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR <br /> acknowledges that where such retainage is attributable to the labor, services, or <br /> materials supplied by one or more subcontractors or suppliers, the Contractor shall <br /> timely remit payment of such retainage to those subcontractors and suppliers . <br /> Pursuant to Florida Statutes section 218 .735(8)(c)(2005) , CONTRACTOR further <br /> acknowledges and agrees that: 1 ) the County as OWNER shall receive immediate <br /> written notice of all decisions made by CONTRACTOR to withhold retainage on <br /> any subcontractor at greater than five percent (5%) after fifty percent (50%) <br /> completion ; and 2) CONTRACTOR will not seek release from the County as <br /> OWNER of the withheld retainage until the final 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 <br /> 00520 - Agreement (Public Works).doc <br /> 00520 - 4 <br /> C Owuments and setlingsV molaughhn\Local Settings\Temporary Intemet Files�OLKM0520 - Agreement (Public WDtl ).dcc <br />