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i <br />f <br />I I 20. I tPNR, This project is a "Public Work" under Chapter 255, Florida Statutes. No merchant's <br />liens may be filed against the Owner. Any claimant may apply to the Owner for a copy of <br />f' this Contract. The claimant shall have a right of action against the Contractor for the amount <br />1 due him. Such action shall not involve the Owner in any expense. Claims against the <br />Contractor are subject to timely prior notice to the Contractor as specified in Florida Statutes <br />r' Section 255.05. The Contractor shall insert the following paragraph in all subcontracts <br />hereunder"Notice: Claims for labor materials and et lien not et w gsahhk against Indian <br />give, Court, it a, subunt to tomair itrior notice to ar nesNmr,el and to lCwtracmr <br />shall he�eyery s,h-subcormact hereunder " The payment due under the Contract <br />shall be paid by the Owner to the Contractor only after the Contractor has famished the <br />Owner with an affidavit stating that all persons, firms or corporations who are defined in <br />Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly <br />or indirectly in the work, have been paid in full. The Owner may rely on said affidavit at <br />face value. The Contractor does hereby release, remiss and quit claim any and all rights he <br />may enjoy to perfect any lien or any other type of statutory common law or equitable lien <br />against the job. <br />21. BID BOND: All bids shall be submitted in duplicate upon the Proposal Form herein, or <br />verbatim copy thereof, and each proposal shall be accompanied by a Bid Bond or a Certified <br />Check, Cashier's Check, Treasurers Check or Bank Draft of any National or State Bank, in <br />the amount of 5% of the total bid price, payable to Indian River County and conditioned <br />upon the successful Bidder entering into contract with surety as specified. Guaranty of the <br />successful Bidder shall be forfeited to Indian River County not as a penalty, but as liquidated <br />damages for the cost and expense incurred should said bidder fail to submit satisfactory <br />surety or fail to comply with any other requirements of the Specifications or ofhis Proposal. <br />22. PERFORMANCE AND PAYMENT BONDG_(,SURETY) Within twenty (20) days of <br />receipt of the Contract Documents for execution, the successful bidder shall furnish a <br />Performance Bond in an amount equal to 125%of the contract price and a Payment Bond <br />in an amount equal to 100% of the contact price as specified herein, of the form and <br />containing all of the provisions as stated herein. The Contractor union record the <br />Performers and Payment Bond= with the Clerk afCoull,, Indian River CountX <br />The Contractor shall provide two separate bonds, a combined Payment and Performance <br />Bond for 125%of the contract price is not an acceptable substitute. <br />The Contractor is required at all times to have a valid Performance and Payment Bond in <br />force covering the work being performed. A failure to have such bond in tome at any time <br />shall constitute a default on the part of the contractor. If the surety writing the Public <br />Construction Bond becomes disqualified, then this shall automatically constitute a failure on <br />the part of the Contractor to meet the above requirements. The performance bond shall <br />contain a specific provision that delay damages are covered by the performance bond. <br />GC -9 <br />