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07/07/2015 (3)
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07/07/2015 (3)
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Last modified
9/2/2015 1:39:06 PM
Creation date
9/2/2015 1:29:33 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/07/2015
Meeting Body
Board of County Commissioners
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CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section <br /> 218.735(8) (b), fifty percent (50%) completion means the point at which the County as <br /> OWNER has expended fifty percent(50%) of the total cost of the construction services work <br /> purchased under the Contract Documents, together with all costs associated with existing <br /> change orders and other additions or modifications to the construction services work <br /> provided under the Contract Documents. <br /> 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application <br /> for payment form supplied by OWNER and the application for payment shall contain the <br /> CONTRACTOR's certification. All progress payments will be on the basis of progress of the <br /> work measured by the schedule of values established, or in the case of unit price work based <br /> on the number of units completed. After fifty percent (50%) completion, and pursuant to <br /> Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the <br /> County as OWNER for up to one half(1/2) of the retainage held by the County as OWNER, <br /> and the County as OWNER shall promptly make payment to the CONTRACTOR unless such <br /> amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida <br /> Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County <br /> as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such <br /> retainage is attributable to the labor, services, or materials supplied by one or more <br /> subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to <br /> those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8) (c) <br /> (2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER <br /> shall 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 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final <br /> payment shall be and shall operate as a release to the OWNER from all claims and all <br /> liability to the CONTRACTOR other than claims in stated amounts as may be specifically <br /> excepted by the CONTRACTOR for all things done or furnished in connection with the <br /> work under this Contract and for every act and neglect of the OWNER and others relating <br /> to or arising out of the Agreement. Any payment, however, final or otherwise, shall not <br /> release the CONTRACTOR or its sureties from any obligations under the Contract <br /> Documents or the Payment and Performance Bonds. <br /> ARTICLE 6—INSURANCE AND INDEMNIFICATION <br /> 6.01 The CONTRACTOR shall not commence work on this Agreement until it has obtained all <br /> insurance required under this Agreement and such insurance has been approved by the <br /> COUNTY's Risk Manager. <br /> 6.02 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the <br /> minimum insurance coverage as set forth herein. The cost of such insurance shall be included <br /> in the CONTRACTOR's fee: <br /> A. Workers' Compensation: To meet statutory limits in compliance with the Workers' <br /> Compensation Law of Florida. This policy must include employers' liability with a limit <br /> $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each <br /> employee. Such policy shall include a waiver of subrogation as against Owner on <br /> account of injury sustained by an employee(s) of the CONTRACTOR. <br /> Section 00530-4 <br /> 39 <br />
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