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04/12/2022 (2)
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04/12/2022 (2)
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6/17/2022 10:28:51 AM
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6/17/2022 10:11:24 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
04/12/2022
Meeting Body
Board of County Commissioners
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of the payment amounts due to the CONTRACTOR until fifty percent (50%) <br />completion of the work. After fifty percent (50%) completion of the work is attained <br />as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent <br />(5%) of the payment amount due to CONTRACTOR until final completion and <br />acceptance of all work to be performed by CONTRACTOR under the Contract <br />Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) <br />completion means the point at which the County as OWNER has expended fifty <br />percent (50%) of the total cost of the construction services work purchased under <br />the Contract Documents, together with all costs associated with existing change <br />orders and other additions or modifications to the construction services work <br />provided under the Contract Documents. <br />6.03 Pay Requests. <br />A. Each request for a progress payment shall be submitted on the application <br />provided by OWNER and the application for payment shall contain the <br />CONTRACTOR'S certification. All progress payments will be on the basis of <br />progress of the work measured by the schedule of values established, or in the <br />case of unit price 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 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 />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 CONTRACTOR <br />other than claims in stated amounts as may be specifically excepted by the <br />CONTRACTOR for all things done or furnished in connection with the work under <br />this Contract and for every act and neglect of the OWNER and others relating to <br />or arising out of the work. Any payment, however, final or otherwise, shall not <br />release the CONTRACTOR or its sureties from any obligations under the Contract <br />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 Contract. <br />ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS <br />8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the <br />following representations: <br />A. CONTRACTOR has examined and carefully studied the Contract Documents and the other <br />related data identified in the Bidding Documents. <br />Agreement (Public Works) REV 04-07 - 0052011-4 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS0009 North County Library Addition\1-Admin\Bids\Bid Documents\DIV O-3—Contract Forms..1 %x, <br />
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