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2020-159A
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2020-159A
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Last modified
3/5/2021 10:09:12 AM
Creation date
10/1/2020 10:55:09 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
08/18/2020
Control Number
2020-159A
Agenda Item Number
8.AM.
Entity Name
Proshot Concrete, Inc.
Subject
CR 512 Bridge Repairs
FDOT 884078 & 884079
Project Number
IRC-1727
Bid Number
2020048
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subparagraph 5.04.B.7; (ii) consent of the <br />surety, if any, to final payment; and (iii) <br />complete and legally effective releases or <br />waivers (satisfactory to OWNER) of all Lien <br />rights arising out of or Liens filed in connection <br />with the Work. <br />3. In lieu of the releases or waivers of <br />Liens specified in paragraph 14.07.A.2 and as <br />approved by OWNER, CONTRACTOR may <br />furnish receipts or releases in full and an <br />affidavit of CONTRACTOR that: (i) the <br />releases and receipts include all labor, <br />services, material, and equipment for which a <br />Lien could be filed; and (ii) all payrolls, material <br />and equipment bills, and other indebtedness <br />connected with the Work for which OWNER or <br />OWNER's property might in any way be <br />responsible have been paid or otherwise satis- <br />fied. If any Subcontractor or Supplier fails to <br />furnish such a release or receipt in full, CON- <br />TRACTOR may furnish a Bond or other <br />collateral satisfactory to OWNER to indemnify <br />OWNER against any Lien. <br />B. Review of Application and Acceptance <br />1.. If, on the basis of ENGINEER's <br />observation of the Work during construction <br />and final inspection, and ENGINEER's review <br />of the final Application for Payment and <br />accompanying documentation as required by <br />the Contract Documents, ENGINEER is <br />satisfied that the Work has been completed <br />and CONTRACTOR's other obligations under <br />the Contract Documents have been fulfilled, <br />ENGINEER will, within ten days after receipt of <br />the final Application for Payment, indicate in <br />writing ENGINEER's recommendation of <br />payment and present the Application for <br />Payment to OWNER for payment. At the same <br />time ENGINEER will also give written notice to <br />OWNER and CONTRACTOR that the Work is <br />acceptable subject to the provisions of <br />paragraph 14.09. Otherwise, ENGINEER will <br />return the Application for Payment to <br />CONTRACTOR, indicating in writing the <br />reasons for refusing to recommend final <br />payment, in which case CONTRACTOR shall <br />make the necessary corrections and resubmit <br />the Application for Payment. <br />C. Payment Becomes Due <br />14.08 Final Completion Delayed <br />A. If, through no fault of CONTRACTOR, final <br />completion of the Work is significantly delayed, and if <br />ENGINEER so confirms, OWNER shall, upon receipt <br />of CONTRACTOR's final Application for Payment and <br />recommendation of ENGINEER, and without <br />terminating the Agreement, make payment of the <br />balance due for that portion of the Work fully <br />completed and accepted. If the remaining balance to <br />be held by OWNER for Work not fully completed or <br />corrected is less than the retainage stipulated in the <br />Agreement, and if Bonds have been furnished as <br />required in paragraph 5.01, the written consent of the <br />surety to the payment of the balance due for that <br />portion of the Work fully completed and accepted <br />shall be submitted by CONTRACTOR to ENGINEER <br />with the Application for such payment. Such payment <br />shall be made under the terms and conditions <br />governing final payment, except that it shall not <br />constitute a waiver of Claims. <br />14.09 Waiver of Claims <br />A. The making and acceptance of final payment <br />will constitute: <br />1. a waiver of all Claims by OWNER <br />against CONTRACTOR, except Claims arising <br />from unsettled Liens, from defective Work <br />appearing after final inspection pursuant to <br />paragraph 14.06, from failure to comply with <br />the Contract Documents or the terms of any <br />special guarantees specified therein, or from <br />CONTRACTOR's continuing obligations under <br />the Contract Documents; and <br />2. a waiver of all Claims by CONTRAC- <br />TOR against OWNER other than those <br />previously made in writing which are still <br />unsettled. <br />ARTICLE 15 - SUSPENSION OF WORK AND <br />TERMINATION <br />15.01 OWNER May Suspend Work <br />A. At any time and without cause, OWNER may <br />suspend the Work or any portion thereof for a period <br />of not more than 90 consecutive days by notice in <br />writing to CONTRACTOR and ENGINEER which will <br />00700 - General Conditions REV 5-10-13 <br />00700-42 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1727 CR -512 EB & WB Bridge (88407879) Repairs\1-Admin\Bid DocumentsWlaster Contract Documents\00700 - General Conditions <br />REV 5-10-13.doc <br />
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