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2019-161E
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2019-161E
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Last modified
12/30/2019 3:21:53 PM
Creation date
11/8/2019 12:51:26 PM
Metadata
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Template:
Official Documents
Official Document Type
Bid
Approved Date
10/01/2019
Control Number
2019-161E
Agenda Item Number
8.I.
Entity Name
TLC Diversified, Inc.
Subject
Award of Bid# 2016067 – Roseland Elevated Storage Tank Water Transmission Main
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County as OWNER of the withheld retainage until the final pay request. <br />5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as <br />OWNER which are paid for, in whole or in part, with federal funds and are subject to federal <br />grantor laws and regulations or requirements that are contrary to any provision of the Local <br />Government Prompt Payment Act. In such event, payment and retainage provisions shall be <br />governed by the applicable grant requirements and guidelines. <br />5.4 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 <br />when the ENGINEER finds the work acceptable under the terms of the Contract and the <br />Contract fully performed, the ENGINEER will promptly issue a final completion certificate <br />stating that the work provided for in this Contract has been completed, and acceptance.by <br />the OWNER under the terms and the conditions thereof is recommended and the entire <br />balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the <br />OWNER following County Commission approval of the final Contract payment. <br />5.5 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 liability <br />to the CONTRACTOR other than claims in stated amounts as may be specifically excepted <br />by the CONTRACTOR for all things done or furnished in connection with the work under this <br />Contract and for every act and neglect of the OWNER and others relating to or arising out of <br />the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or <br />its sureties from any obligations under the Contract Documents or the Payment and <br />Performance Bonds. <br />ARTICLE 6 INTEREST <br />Not Applicable. <br />ARTICLE 7 CONTRACTOR'S REPRESENTATIONS <br />In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following <br />representations: <br />7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, <br />work, site, locality, and all local conditions and laws and regulations that in any manner may <br />affect cost, progress, performance or furnishing of the work. <br />7.2 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 <br />Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the <br />determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of <br />the technical data contained in such reports and drawings upon which CONTRACTOR is <br />entitled to rely. <br />7.3 CONTRACTOR has obtained and carefully'studied (or assumes responsibility for obtaining and <br />carefully studying) all such examinations, investigations, explorations, tests, reports and studies <br />(in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the <br />subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, <br />00530-4 <br />
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