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,. <br />measured by the schedule of values established, or in the case of unit price work based on the <br />number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes <br />section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER <br />for up to one 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 are the <br />subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section <br />255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the <br />CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to <br />the labor, services, or materials supplied by one or more subcontractors or suppliers, the <br />Contractor shall 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 written notice <br />of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater <br />than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek <br />release from the County as OWNER of the withheld retainage until the final pay request. <br />5.3 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final <br />payment shall be and shall operate as a release to the OWNER from all claims and all liability <br />to the CONTRACTOR other than claims in stated amounts as may be specifically excepted <br />by the CONTRACTOR for all things done or furnished in connection with the work under this <br />Contract and for every act and neglect of the OWNER and others relating to or arising out of <br />the Agreement. Any payment, however, final or otherwise, shall not release the <br />CONTRACTOR or its sureties from any obligations under the Contract Documents or the <br />Payment and Performance Bonds. <br />ARTICLE 6 — INSURANCE AND INDEMNIFICATION <br />6.01 The CONTRACTOR shall not commence work on this Agreement until it has obtained all <br />insurance required under this Agreement and such insurance has been approved by the COUNTY's <br />Risk Manager, <br />6.02 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum <br />insurance coverage as set forth herein. The cost of such insurance shall be included in the <br />CONTRACTOR's fee: <br />A. Workers' Compensation: To meet statutory limits in compliance with the Workers' <br />Compensation Law of Florida. This policy must include employers' liability with a limit <br />$1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each <br />employee. Such policy shall include a waiver of subrogation as against Owner on account <br />of injury sustained by an employee(s) of the CONTRACTOR. <br />B. General Liability: A per occurrence form policy, including Premise Operations, Independent <br />Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, <br />Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, <br />with a combined single limit of not less than $1,000,000 general aggregate to include <br />products/completed operations, personal injury/advertising liability, fire damage /legal <br />liability, and medical payments. Limits can be layered with an Excess Liability Policy <br />(Umbrella). <br />C. Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non- <br />Owned vehicles, for a combined single limit (bodily injury and property damage) of not less <br />than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury <br />protection -- statutory limits; $300,000 uninsured/underinsured motorist; <br />Section 00530-4 <br />