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2011-051
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2011-051
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Last modified
1/22/2016 1:43:27 PM
Creation date
10/1/2015 1:46:27 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
03/01/2011
Control Number
2011-051
Agenda Item Number
12.J.1
Entity Name
Beemats LLC
Subject
Floating Mat System
Area
Spoonbill Marsh Wetland Facility
Project Number
2785
Bid Number
2011029
Supplemental fields
SmeadsoftID
9309
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materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit <br /> payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes <br /> section 218 . 735 ( 8 ) ( c ) (2005 ) , CONTRACTOR further acknowledges and agrees that : 1 ) the County <br /> as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to <br /> withhold 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 withheld <br /> retainage until the final pay request . <br /> 5 . 4 . Federal Funds . Paragraphs 5 . 2 and 5 . 3 do not apply to construction services work <br /> purchased by the County as OWNER which are paid for , in whole or in part , with federal funds and <br /> are subject to federal grantor laws and regulations or requirements that are contrary to any provision <br /> of the Local Government Prompt Payment Act. In such event , payment and retainage provisions <br /> shall be governed by the applicable grant requirements and guidelines . <br /> ARTICLE 6 FINAL PAYMENT <br /> 6 . 1 . Acceptance And Final Payment : Upon receipt of written notice that the work is ready <br /> for final inspection and acceptance , the ENGINEER will promptly make such inspection and when <br /> the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully <br /> performed , the ENGINEER will promptly issue a final completion certificate stating that the work <br /> provided for in this Contract has been completed , and acceptance by the OWNER under the terms <br /> and the conditions thereof is recommended and the entire balance found to be due the <br /> CONTRACTOR , will be paid to the CONTRACTOR by the OWNER following County Commission <br /> approval of the final Contract payment . <br /> 6 . 2 . Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of <br /> final payment shall be and shall operate as a release to the OWNER from all claims and all liability <br /> to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the <br /> CONTRACTOR for all things done or furnished in connection with the work under this Contract <br /> and for every 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 from any <br /> obligations under the Contract Documents or the Payment and Performance Bonds . <br /> ARTICLE 7 CONTRACTOR' S REPRESENTATIONS <br /> 7 . 1 . In order to induce OWNER to enter into this Agreement , CONTRACTOR makes the <br /> following representations : <br /> 7 . 1 . 1 . CONTRACTOR has familiarized itself with the nature and extent of the Contract <br /> Documents , work , site , locality , and all local conditions and laws and regulations that in any manner <br /> may affect cost , progress , performance or furnishing of the work . <br /> 7 . 1 . 2 . CONTRACTOR has studied carefully all reports of explorations and tests of subsurface <br /> conditions and drawings of physical conditions which are identified in the Supplementary Conditions <br /> as provided in Paragraph 4 . 02 of the General Conditions , and accepts the determination set forth in <br /> Paragraph SC -4 . 02 of the Supplementary Conditions of the extent of the technical data contained in <br /> such reports and drawings upon which CONTRACTOR is entitled to rely . <br /> 7 . 1 . 3 . CONTRACTOR has obtained and carefully studied ( or assumes responsibility for <br /> obtaining and carefully studying ) all such examinations , investigations , explorations , tests , reports <br /> and studies ( in addition to or to supplement those referred to in Paragraph 7-o2 above ) which pertain <br /> 00530 - 5 �' <br />
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