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5.02 Pay Requests. <br />A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All <br />progress payments will be on the basis of progress of the work measured by the <br />schedule of values established, or in the case of unit price work based on the number <br />of units completed. After fifty percent (50%) completion, and pursuant to Florida <br />Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the <br />County as OWNER for up to one half (1/2) of the retainage held by the County as <br />OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR <br />unless such amounts are the subject of a good faith dispute; the subject of a claim <br />pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim <br />or 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. Pursuant <br />to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges <br />and agrees that: 1) the County as OWNER shall receive immediate written notice of all <br />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 <br />not seek release from the County as OWNER of the withheld retainage until the final <br />pay request. <br />5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County <br />as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor <br />laws and regulations or requirements that are contrary to any provision of the Local Government <br />Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the <br />applicable grant requirements and guidelines. <br />5.04 Acceptance of Final Payment as Release. <br />A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a <br />release to the OWNER from all claims and all liability to the CONTRACTOR other than <br />claims in stated amounts as may be specifically excepted by the CONTRACTOR for all <br />things done or furnished in connection with the work under this Agreement and for <br />every act and neglect of the OWNER and others relating to or arising out of the work. <br />Any payment, however, final or otherwise, shall not release the CONTRACTOR or its <br />sureties from any obligations under this Agreement, the Invitation to Bid or the Public <br />Construction Bond. <br />ARTICLE 6 - INDEMNIFICATION <br />6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, <br />from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's <br />Page 3 of 8 <br />