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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 ffty 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), ffypercent (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 (5001o) <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 />hal( (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 <br />SettingsUempomry <br />Internet Files\Content.IE5�89EBCWM9611 <br />.Amendment No. <br />I to 1W Cheatham <br />Agreement 04-22-08.doc <br />