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2023-069
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2023-069
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Last modified
4/28/2023 9:49:46 AM
Creation date
4/28/2023 9:49:24 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/18/2023
Control Number
2023-069
Agenda Item Number
8.H.
Entity Name
Indian River Docks, LLC
Subject
Agreement for the Replacement Pontoon Boat Dock at the
Environmental Learning Center 255 Live Oak Dr.
Bid Number
2023021
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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 F'ayrnent 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 />B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the <br />general, local, and Site conditions that may affect cost, progress, and performance of the <br />Work. <br />C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and <br />Regulations that may affect cost, progress, and performance of the Work. <br />D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface <br />conditions at or contiguous to the Site and all drawings of physical conditions in or relating <br />to existing surface or subsurface structures at or contiguous to the Site (except Underground <br />Facilities) which have been identified in the Supplementary Conditions as provided in <br />paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous <br />00520-3 <br />
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