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2018-191A
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Last modified
1/4/2021 1:05:56 PM
Creation date
1/4/2021 1:03:42 PM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
10/16/2018
Control Number
2018-191A
Agenda Item Number
8.I.
Entity Name
IUndian Rivern County
Subject
Victor Hart Sr. Drainage Improvements
Project Number
IRC-1760
Bid Number
20190005
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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 11 of F.S. Chapter 625. Any such alternative form of security <br />
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