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r-. <br />40 <br />40 <br />11 <br />Article 4. PAYMENT & RETAINAGE: Progress payments an the Contract amount for the <br />vf1lue of work, completed and component material on site will be made upon request <br />at not fess than monthly intervals. The request must be made through the Engineer <br />on an approved estimate showing the component breakdown of the work totaling <br />the awarded Contract price and the amount of work for each item completed at the <br />time of the request. Ten percent (10% of all amounts earned will be retained by <br />the Dunt un -til -final co lei a d acceQt n e of the Contract <br />Contractor shall allow adequate processing time for County Commission <br />final acceptance and approval for final payment. <br />Article S. ACCEPTANCE ANIS FINAL PAYMENT: Upon receipt of written notice that the <br />work is ready for final inspection and acceptance, the County Public Works Director <br />will promptly make such inspection and when he finds the work acceptablp kinder <br />the terms of the Contract and the Contract fully performed, he will promptly issue <br />a final certificate, over his own signature, stating that the work provided for in this <br />Contract has been completed, and acceptance by him under the terms and the <br />conditions thereof is recommended and the entire balance found to be due the <br />Contractor, will be paid to the Contractor by the County foliowing County <br />Commission approval of the final Contract payment. <br />Before issuance of a final certificate, the contractor shall submit evidence <br />satisfactory to the County Public Works Director that all payrolls, material bills, and <br />other, indebtedness connected with the work have been paid. An affidavit must be <br />submitted by the Contractor to the County Public Works Director stating that all <br />indebtedness connected with the worts has been paid. Such affidavit will be signed <br />by a duly authorized officer of the contracting firm, will gear the firm's seal, and will <br />be notarized and attested by two witnesses. A Waiver -of -Lien form signed by a <br />duly authorized Officer of the subcontracting firm, notarized and attested by two <br />witnesses is required from each Subcontractor engaged under the scope of this <br />Contract, and must accompany the request for final payment. The. making and <br />acceptance of the final payment shall constitute a waiver of all claims by the <br />County, other than those arising from unsettled lions, from faulty work appearing <br />after final payment or from requirements of the Specifications and of all claims by <br />the Contractor, except those previously made and still unsettled. <br />Article 6. INDEMNIFICATION. Subject to the monetary limitations in Article 5.3, of the <br />General Conditions, the Contractor, upon his part, agrees to protect, indemnify, <br />save harmless, and insure the County from any liability to any persons for injuries <br />to the person, including loss of life, or damage to property, resulting from the acts <br />or omissions of the Contractor in performing his obligations under this Contract. <br />The parties expressly recognize that the relationship between the County and <br />Contractor is that of owner and independent contractor, and that neither the <br />Contractor nor any of his servants, agents, or employees shall ever be ennsiripre.i <br />to ;e ars ayeni, servant or employee of the County. <br />Article 7. PtrBLIC CONSTRUCTION PAYMENT BOND AND PERFORMANCE BOND:. <br />The Contractor shall furnish the County immediately upon execution of this <br />Contract, a RerEgrmancp Bond in art amount_equal to 125% of the Contract <br />Lsrice and a Pay ent Boadan a vynt equal to 100%, 0%, og the Contract price <br />with good and sufficient sureties, conditioned upon the performance of this Contr�ict <br />AGREEMENT <br />A- <br />