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2019-004A
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2019-004A
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Last modified
12/27/2019 11:58:27 AM
Creation date
1/16/2019 9:26:53 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/08/2019
Control Number
2019-004A
Agenda Item Number
8.I.
Entity Name
John Brown and Sons
Subject
Natural areas and exotic vegetation management/mowing
Area
Various in oounty
Bid Number
2019007
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ARTICLE 5 - PAYMENT PROCEDURES <br />5.01 Method of Payment <br />Owner shall make only one payment for the entire amount of the contract when the work has been completed. <br />Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be <br />made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the <br />Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida <br />Statutes, et seq.). <br />5.02 Acceptance of Final Payment as Release <br />The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER <br />from all claims and all 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 work under this <br />Agreement 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 obligations <br />under this Agreement, the Invitation to Bid or the Public Construction Bond. <br />ARTICLE 6 - INDEMNIFICATION <br />6.01 CONTRACTOR shall indemnify and hold harmless the Division of Emergency Management (hereinafter <br />referred to as the "Division"), the OWNER, and its officers and employees, from liabilities, damages, <br />losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the <br />negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons <br />employed or utilized by the CONTRACTOR in the performance of the Work. <br />ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS <br />7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following <br />representations: <br />A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data <br />identified in the Invitation to Bid documents. <br />B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and <br />Site conditions that may affect cost, progress, and performance of the Work. <br />C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that <br />may affect cost, progress, and performance of the Work. <br />D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all <br />additional or supplementary examinations, investigations, explorations, tests, studies, and data <br />concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site <br />which may affect cost, progress, or performance of the Work or which relate to any aspect of the <br />means, methods, techniques, sequences, and procedures of construction to be employed by <br />CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures <br />2 <br />
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