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02/19/2013AP
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02/19/2013AP
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Last modified
6/26/2018 12:56:02 PM
Creation date
3/23/2016 8:55:36 AM
Metadata
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Template:
Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
02/19/2013
Meeting Body
Board of County Commissioners
Book and Page
470
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000E\S0004MZ.tif
SmeadsoftID
14204
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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 7.2 above) which pertain <br /> to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, <br /> progress, performance or furnishing of the work as CONTRACTOR considers necessary for the <br /> performance of furnishing of the work at the Contract Price, within the Contract Time and in <br /> accordance with the other terms and conditions of the Contract Documents, including specifically the <br /> provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, <br /> investigations, explorations, tests, reports, studies or similar information or data are or will be <br /> required by CONTRACTOR for such purposes. <br /> 7.1.4. CONTRACTOR has reviewed and checked all information and data shown or indicated <br /> on the Contract Documents with respect to existing underground facilities at or contiguous to the site <br /> and assumes responsibility for the accurate location of said underground facilities. No additional <br /> examinations, investigations, explorations, tests, reports, studies or similar information or data in <br /> ... respect of said underground facilities are or will be required by CONTRACTOR in order to perform <br /> and furnish the work at the Contract Price, within the Contract Time and in accordance with the other <br /> 00530-4 <br /> 75 <br />
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