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CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section <br />218.735(8) (b), fifty percent (50%) completion means the point at which the County as <br />OWNER has expended fifty percent (50%) of the total cost of the construction services work <br />purchased under the Contract Documents, together with all costs associated with existing <br />change orders and other additions or modifications to the construction services work <br />provided under the Contract Documents. <br />5.2 Pay Requests. Each request for a progress payment shall be submitted on the application <br />for payment form supplied by OWNER and the application for payment shall contain the <br />CONTRACTOR's certification. All progress payments will be on the basis of progress of the <br />work measured by the schedule of values established, or in the case of unit price work based <br />on the number of units completed. After fifty percent (50%) completion, and pursuant to <br />Florida 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 OWNER, <br />and the County as OWNER shall promptly make payment to the CONTRACTOR unless such <br />amounts 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 of a claim or demand by the County <br />as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such <br />retainage is attributable to the labor, services, or materials supplied by one or more <br />subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to <br />those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8) (c) <br />(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER <br />shall receive immediate written notice of all decisions made by CONTRACTOR to withhold <br />retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) <br />completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the <br />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 <br />liability to the CONTRACTOR other than claims in stated amounts as may be specifically <br />excepted by the CONTRACTOR for all things done or furnished in connection with the <br />work under this Contract and for every act and neglect of the OWNER and others relating <br />to or arising out of the Agreement. Any payment, however, final or otherwise, shall not <br />release the CONTRACTOR or its sureties from any obligations under the Contract <br />Documents or the 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 <br />COUNTY's Risk Manager. <br />6.02 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the <br />minimum insurance coverage as set forth herein. The cost of such insurance shall be included <br />in the 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 <br />account of injury sustained by an employee(s) of the CONTRACTOR. <br />Section 00530-4 <br />