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2004-285
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2004-285
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Last modified
9/30/2016 1:45:43 PM
Creation date
9/30/2015 8:25:27 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
11/09/2004
Control Number
2004-285
Agenda Item Number
None
Entity Name
Midstate Mechanical of Vero Beach
Subject
Repair of A/C system at Sheriff's office
Hurricane Frances and Hurricane Jeanne
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4730
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2 . 11 . Laws and Regulations . The Contractor shall give all notices and at all times <br /> comply with all applicable laws , codes , ordinances , rules and regulations in effect during <br /> the time of performance of the Work . Without limiting the generality of the foregoing , <br /> Contractor covenants and agrees that the Contractor shall not discriminate against any <br /> employee or applicant for employment to be employed in the performance of the <br /> Agreement with the respect to hiring , tenure , terms , conditions or privileges of <br /> employment , or any matter directly or indirectly related to employment because of age , <br /> sex , physical handicap (except where based on a bona fide occupational qualification ) , <br /> marital status , race , color, religion , creed , national origin , or ancestry . <br /> 2 . 12 . Shop Drawings and Submittals . The procedures for shop drawings and <br /> submittals , if required under this Contract , shall be set forth in Exhibit B , attached to this <br /> Contract and made a part hereof by this reference . <br /> 3 . CONTRACT PRICE . The County shall pay the Contractor the lump sum amount for the <br /> Work at the price ( s ) stated on Exhibit A upon completion and final acceptance by the <br /> County' s project manager. No additional payment shall be made to the Contractor except <br /> for additional work or materials as stated on a valid change order issued by the County <br /> prior to the performance of the additional work or delivery of materials . The obligations of <br /> the County under this Contract are subject to the availability of funds lawfully appropriated <br /> for the Project by the Board of County Commissioners of Indian River County . <br /> 3 . 1 Payments to Contractor. The Contractor shall submit completed monthly partial <br /> payment requests covering the Work performed during the period covered by the partial <br /> payment request to the County' s project manager. Such partial payment requests shall be <br /> supported by such data as the County may reasonably require . The payment request will <br /> either be approved by the County , or be returned to the Contractor with the reasons for <br /> refusing to approve the payment in writing . In the latter case , the Contractor may make <br /> the necessary corrections and resubmit the partial payment request . The County will pay <br /> the Contractor progress payment on the basis of the approved partial payment request in <br /> accordance with the provisions of the Florida Prompt Payment Act , Section 218 . 70 , Florida <br /> Statutes , et seq . The County shall retain ten ( 10 ) percent of the payment amounts due to <br /> the Contractor until final completion and acceptance of all Work to be performed by the <br /> Contractor under the Contract Documents . Each request for a partial payment shall be <br /> submitted on County—provided forms , and accompanied by the certification of Contractor. <br /> 3 . 2 , Contractor's Warranty of Title . The Contractor warrants and guarantees that title <br /> to all Work covered by an Application for Payment , whether incorporated in the Work or <br /> not , shall pass to the County prior to the making of the Application for Payment , free and <br /> clear of all liens , claims , security interests , purchase money security interest , chattel paper <br /> or encumbrances of any nature whatsoever. The Contractor shall make the following <br /> certification (Affidavit) on each request for payment : " I hereby certify that the labor and <br /> materials listed on this request for payment have been used in the construction of this <br /> Work and payment received from the last request for payment has been used to make <br /> payments to all subcontractors , laborers , materialmen and suppliers except as listed <br /> below : --------" <br /> 5 <br />
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