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2018-190A
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Last modified
11/7/2018 11:16:25 AM
Creation date
11/7/2018 11:16:18 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
10/16/2018
Control Number
2018-190A
Agenda Item Number
8.I.
Entity Name
Guettler Brothers Construction
Subject
Victor Hart Sr. Complex Drainage Improvements
Project Number
IRC-1760
Bid Number
2019005
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Bid No. 2019005/IRC-1760 <br /> 5.2 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 schedule <br /> of values established, or in the case of unit price work based on the number of units <br /> completed.After fifty percent(50%)completion,and pursuant to Florida Statutes section <br /> 218.735(8)(d),the CONTRACTOR may submit a pay request to the County as OWNER for <br /> 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 <br /> the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is <br /> attributable to the labor, services, or materials supplied by one or more subcontractors <br /> or suppliers, the Contractor shall timely remit payment of such retainage to those <br /> subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), <br /> CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall <br /> 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 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as <br /> OWNER which are paid for, in whole or in part,with federal funds and are subject to federal grantor laws <br /> and regulations or requirements that are contrary to any provision of the Local Government Prompt <br /> Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant <br /> requirements and guidelines. <br /> 5.4 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 every <br /> act and neglect of the OWNER and others relating to or arising out of the work. Any <br /> payment, however,final or otherwise, shall not release the CONTRACTOR or its sureties <br /> from any obligations under this Agreement, the Invitation to Bid or the Public <br /> Construction Bond. <br /> ARTICLE 6—PERFORMANCE,PAYMENT AND OTHER BONDS <br /> 6.1 Within fifteen (15)days of receipt of the Contract Documents for execution,the CONTRACTOR <br /> shall furnish a Public Construction Bond in an amount equal to 100%of the Contract Price. If bid <br /> does not exceed$100,000, no Public Construction/Payment or Performance Bond will be <br /> required. <br /> A. In lieu of the Public Construction Bond,the CONTRACTOR may furnish an alternative form of <br /> security in the form of cash, money order, certified check,cashier's check, irrevocable letter of <br /> credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security <br />
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