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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 Pavment 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 /> 42 <br />