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2020-238A
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Last modified
3/5/2021 1:53:44 PM
Creation date
12/23/2020 3:53:42 PM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
11/17/2020
Control Number
2020-238A
Agenda Item Number
8.D.
Entity Name
Kerns Constructionand Property Management Corp.
Subject
Roseland Community Center Building and Site Improvements
Project Number
IRC-1855
Bid Number
2020053
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Bid No. 2020053/IRC-1855 <br />a claim 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 and <br />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 pay <br />request. <br />5.02 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 />5.03 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 — PUBLIC CONSTRUCTION BOND <br />6.01 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 Bond will be 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 />shall be for the same purpose, and be for the same amount and subject to the same conditions <br />as those applicable to the bond otherwise required. The determination of the value of an <br />alternative form of security shall be made by the OWNER. <br />B. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER. <br />C. The OWNER shall record the Public Construction Bond with the Public Record Section of the <br />Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. <br />ARTICLE 7 - INDEMNIFICATION <br />
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