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2022-009
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2022-009
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Last modified
2/8/2022 11:32:44 AM
Creation date
2/7/2022 10:33:54 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
01/11/2022
Control Number
2022-009
Agenda Item Number
8.O..
Entity Name
OHL, USA, Inc. and Subsidiaries
Subject
6th Avenue Milling and Resurfacing from U.S. 1/S.R. 5 to 21st Street
Project Number
IRC-1638
Bid Number
2022008
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A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 <br />of the General Conditions. Applications for Payment will be processed by <br />ENGINEER as provided in the General Conditions and the Contract Documents. <br />6.02 Progress Payments. <br />A. The OWNER shall make progress payments to the CONTRACTOR on the basis of <br />the approved partial payment request as recommended by ENGINEER in <br />accordance with the provisions of the Local Government Prompt Payment Act, <br />Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent <br />(5%) of the payment amounts due to the CONTRACTOR until final completion <br />and acceptance of all work to be performed by CONTRACTOR under the <br />Contract Documents. <br />6.03 Pay Requests. <br />A. Each request for a progress payment shall be submitted on the application provided <br />by OWNER and the application for payment shall contain the CONTRACTOR'S <br />certification. All progress payments will be on the basis of progress of the work <br />measured by the schedule of values established, or in the case of unit price <br />work based on the number of units completed. <br />6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the <br />County as OWNER which are paid for, in whole or in part, with federal funds and are subject to <br />federal grantor laws and regulations or requirements that are contrary to any provision of the <br />Local Government Prompt Payment Act. In such event, payment and retainage provisions shall <br />be governed by the applicable grant requirements and guidelines. <br />6.05 Acceptance of Final Payment as Release. <br />A. The acceptance by the CONTRACTOR of final payment shall be and shall operate <br />as a release to the OWNER from all claims and all liability to the <br />CONTRACTOR other than claims in stated amounts as may be specifically <br />excepted by the CONTRACTOR for all things done or furnished in connection <br />with the work under this Contract and for every act and neglect of the OWNER <br />and others relating to or arising out of the work. Any payment, however, final or <br />otherwise, shall not release the CONTRACTOR or its sureties from any <br />obligations under the Contract Documents or the Public Construction Bond. <br />ARTICLE 7 - INDEMNIFICATION <br />7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with <br />paragraph 6.20 (Indemnification) of the General Conditions to the Construction <br />Contract. <br />7.02 "To the fullest extent permitted by law, the Recipient's contractor/consultant shall <br />indemnify and hold harmless the Recipient and the State of Florida, Department of <br />Transportation, including the Department's officers and employees, from liabilities, <br />damages, losses and costs, including, but not limited to, reasonable attorney's fees, to <br />the extent caused by the negligence, recklessness or intentional wrongful misconduct <br />of the contractor or consultant and persons employed or utilized by the contractor or <br />consultant in the performance of this Agreement." <br />00520 - Agreement (Public Works) REV 9-2020 <br />00520-4 <br />F:\Purchasing\Bids\2021-2022 FY (2022000)\2022008 6th Ave Resurfacing IRC -1638`C0520 - Agreement (Public Works) REV 9-2020.doc <br />
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