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2022-234
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2022-234
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Last modified
12/12/2022 11:36:45 AM
Creation date
12/12/2022 11:35:42 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/15/2022
Control Number
2022-234
Agenda Item Number
8.F.
Entity Name
Kimley-Horn and Associates, Inc.
Subject
Agreement for 2024 Evaluation and Appraisal Report (EAR) Amendment
and Manatee Protection Plan (MPP) Update, RFP 2023003
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Written Amount: Forty-nine thousand, seven hundred ninety dollars <br />ARTICLE 5 - PAYMENT PROCEDURES <br />5.01 Progress Payments. <br />A. The OWNER shall make progress payments to the CONSULTANT on the basis of the approved partial <br />payment request as recommended by County staff in accordance with the mutually agreed to schedule <br />milestones and the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 <br />et. seq. <br />5.02 Pay Requests. <br />A. Each request for a progress payment shall contain the CONSULTANT'S certification. All progress payments <br />will be on the basis of progress of the work measured by the schedule of values established, or in the case <br />of unit price work based on the number of units completed. <br />5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER <br />which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and <br />regulations or requirements that are contrary to any provision of the Local Government Prompt Payment <br />Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements <br />and guidelines. 5.01 Method of Payment <br />ARTICLE 6 - INDEMNIFICATION <br />6.01 CONSULTANTshall indemnifyand hold harmless the OWNER, and its officers and employees, from liabilities, <br />damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by <br />the negligence, recklessness, or intentional wrongful misconduct of the CONSULTANT and persons <br />employed or utilized by the CONSULTANT in the performance of the Work. <br />ARTICLE 7 - CONSULTANT'S REPRESENTATIONS <br />7.01 In order to induce OWNER to enter into this Agreement CONSULTANT makes the following <br />representations: <br />A. CONSULTANT has examined and carefully studied the Contract Documents and the other related data <br />identified in the Invitation to Bid documents. <br />B. CONSULTANT is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may <br />affect cost, progress, and performance of the Work. <br />C. CONSULTANT has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that <br />CONSULTANT has discovered in the Contract Documents, and the written resolution thereof by OWNER is <br />acceptable to CONSULTANT. <br />D. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and <br />conditions for performance and furnishing of the Work. <br />
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