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07/12/2016 (5)
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07/12/2016 (5)
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Last modified
9/29/2016 11:50:50 AM
Creation date
9/29/2016 11:50:07 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/12/2016
Meeting Body
Board of County Commissioners
Subject
Fellsmere Roads
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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 /> B. General Liability: A per occurrence form policy, including Premise Operations, <br /> Independent Contractors, Products and Completed Operations including X, C, U <br /> (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form <br /> Property Damage Endorsement, with a combined single limit of not less than <br /> $1,000,000 general aggregate to include products/completed operations, personal <br /> injury/advertising liability, fire damage /legal liability, and medical payments. Limits can <br /> be layered with an Excess Liability Policy (Umbrella). <br /> C. Business Automobile Liabilitv: Coverage shall include Owned vehicles and Hired/Non- <br /> Owned vehicles, for a combined single limit (bodily injury and property damage) of not <br /> less than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal <br /> injury protection -- statutory limits; $300,000 uninsured/underinsured motorist; <br /> Section 00530-4 <br /> 87 <br />
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