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2022-097
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2022-097
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Last modified
6/16/2022 12:20:06 PM
Creation date
6/16/2022 12:19:27 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/17/2022
Control Number
2022-097
Agenda Item Number
8.M.
Entity Name
Bausch Enterprises, Inc.
Subject
Agreement to construct and install aluminum Lifeguard Tower at Round Island Beach Park
Bid Number
2022033
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Written Amount: Ninety-seven thousand, seven hundred seventy-five dollars <br />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 <br />completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will <br />authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the <br />COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from <br />time to time (Section 218.70, Florida 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 <br />specifically excepted by the CONTRACTOR for all things done or furnished in connection with the <br />work under this Agreement and for every act and neglect of the OWNER and others relating to or <br />arising out of the work. Any payment, however, final or otherwise, shall not release the <br />CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the <br />Public Construction Bond. <br />ARTICLE 6 - INDEMNIFICATION <br />6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from <br />liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the <br />extent caused by the negligence, recklessness, or intentional wrongful misconduct of the <br />CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the <br />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 <br />data 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, <br />and 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 <br />that 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 />
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