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2014-038B
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2014-038B
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Last modified
3/13/2017 11:07:12 AM
Creation date
10/1/2015 6:05:00 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/08/2014
Control Number
2014-038B
Agenda Item Number
8.F.
Entity Name
Bayshore Construction Inc.
Knight McGuire & Associates
Subject
Indian River Lagoon Greenway Phase 2B
Boardwalk and Observation Deck
Area
850 Indian River Boulevard
Bid Number
2014029
Supplemental fields
SmeadsoftID
13129
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or more subcontractors or suppliers, the Contractor shall timely remit payment of such <br />retainage to those subcontractors and suppliers Pursuant to Florida Statutes section <br />218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County <br />as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR <br />to withhold retainage on any subcontractor at greater than five percent (5%) after fifty <br />percent (50%) completion; and 2) CONTRACTOR will not seek release from the County <br />as OWNER of the withheld retainage until the final pay request. <br />6.03 Paragraphs 6.01 and 6.02 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 />6.04 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 7 - INDEMNIFICATION <br />7.01 CONTRACTOR shall indemnify and hold harmless the OWNER, ENGINEER, and their officers and <br />employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable <br />attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful <br />misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the <br />performance of the construction contract. <br />ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS <br />8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following <br />representations: <br />A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related <br />data identified in the Invitation to Bid documents. <br />B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, <br />and Site conditions that may affect cost, progress, and performance of the Work. <br />C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations <br />that may affect cost, progress, and performance of the Work. <br />Page 3 of 7 <br />
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