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AND be replaced with the following: <br /> ARTICLE 6 - PAYMENT PROCEDURES <br /> 6. 01 Submittal and Processing of Payments <br /> A. CONTRACTOR shall submitApplications forPayment 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 (10%) <br /> of the payment amounts due to the CONTRACTOR until fifty percent (50016) <br /> completion of the work. Afterffty percent (50%) completion ofthe work is attained <br /> as certified to OWNER by ENGINEER in writing, OWNER shall retain f ve 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), fftypercent (50%) <br /> completion means the point at which the County as OWNER has expended fifty <br /> percent (50%) ofthe total cost ofthe construction services workpurchased under the <br /> Contract Documents, together with all costs associated with existing change orders <br /> and other additions or modifications to the construction services work provided <br /> 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 applicationfor payment shall contain the <br /> CONTRACTOR 'S certification. All progress payments will be on the basis of <br /> progress ofthe work measured by the schedule of values established. or in the case <br /> of unit price work based on the number of units completed. After f:ftypercent (50%) <br /> 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 amounts <br /> are the subject of a good faith dispute; the subject of a claim pursuant to Florida <br /> Statutes section 255. 05 (2005) ; or otherwise the subject ofa claim or demand by the <br /> County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that <br /> where such retainage is attributable to the labor, services, or materials supplied by <br /> one or more subcontractors or suppliers, the Contractor shall timely remit payment <br /> ofsuch retainage to those subcontractors and suppliers. Pursuant to Florida Statutes <br /> section 218. 735(8) (c) (2005), CONTRACTOR further acknowledges and agrees that: <br /> 1) the County as OWNER shall receive immediate written notice of all decisions <br /> made by CONTRACTOR to withhold retainage on any subcontractor atgreater than <br /> five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will <br /> not seek release from the County as OWNER ofthe withheld retainage until the final <br /> C^.Documents and SettmgsUmoelocal SettingsUempomry Internet Files\Content.IE5�.89EBCWM9611 .Amendment No. I to 1W Cheatham <br /> Agreement 04-22-08.doc <br />