2000-307 - Laserfiche WebLink

Home Browse Search

40 (c) Within ten (10) days of submitting its Notice of Claim, the Contractor shall submit to the Owner its Request for Change Order, which shall include a written statement of all details of the claim, including a description of the work affected. The Contractor agrees that the Owner shall not be liable for any claim that the Contractor fails to submit as a Request for Change Order as provided in the above paragraph. 16.2 After receipt of a Request for Change Order, the Owner, in consultation with the Architect -Engineer, shall deliver to the Contractor its written determination of the claim. The venue for all civil and administrative actions against the department shall be in Indian River County, Florida, unless otherwise agreed by the parties. 16.3 For work the Contractor performs with its own forces, and in addition to the adjustments provided for in Article 8, the Contractor's exclusive remedy for delays in performance of the construction caused by events beyond its control, including delays claimed to be caused by or attributable to the Owner or the Architect -Engineer, including claims based on breach of contract or negligence, shall be a claim submitted in compliance with 16.1 above, for an extension of the scheduled construction time. In the event of a change in such work, the Contractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus five percent (5%) for profit. The Contractor expressly agrees that the foregoing constitute its Sole and Exclusive Remedies for delays and changes in such work, and eliminate any other remedies for claim for increase in the contract price, delays, changes in the work, damages, losses or additional compensation. ARTICLE 17 MISCELLANEOUS 17.1 Int> Mst Any monies not paid when due to either party under this contract shall not bear interest except as may be required by Section 218.70, the Florida Prompt Payment Act, Florida Statutes (1999). 17.2 Harmony Contractor is advised and hereby agrees that he will exert every reasonable and diligent effort to assure that all labor employed by Contractor and his subcontractors for work on the project shall work in harmony with and be compatible with all other labor being used by building and construction contractors now or hereafter on the site of the Project. Contractor further agrees that this provision will be included in all subcontracts of the subcontractors as well as the Contractor's own contract; provided, however, that this provision shall not be interpreted or enforced so as to deny or abridge, on account of membership or non -membership in any labor union or labor organization, the right of any person to work as guaranteed by Article 1, Section 6 of the Florida Constitution. 17.3 Aonrentices If the Contractor employs apprentices on the Project, the behavior of the Contractor and the Owner shall be governed by the provisions of Chapter 446, Florida Statutes, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the state of Florida Department of Labor and Employment Security. The Contractor will include a provision similar to the foregoing sentence in each subcontract. 17.4 Invoices Submitted Under Article 9 Invoices submitted under Article 9 shall be submitted in detail sufficient for a proper pre - audit and post -audit thereof. Invoices for any travel expenses shall be submitted in accordance with procedures specified in Section 112.061 of the Florida Statutes governing payments by the state for travel expenses. 17.5 Contractor's Proie t Records The contractor's Project Records shall be maintained as prescribed hereinabove for the minimum period required by Federal Law, and shall be made available to the Owner or his authorized representative at mutually convenient times. 17.6 Contractor's Payment Riehts Indian River County agrees to pay, within thirty (30) calendar days of receipt by Indian River County, all invoices approved by Indian River County for payment. Indian River County will not withhold payment without proper and adequate justification. 17.7 Public Entity Crime Information Statement "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list" 27