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2023-237
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2023-237
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Last modified
12/5/2023 1:43:34 PM
Creation date
12/5/2023 1:41:24 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/31/2023
Control Number
2023-237
Agenda Item Number
8.M.
Entity Name
Close Construction Services, LLC
Subject
Agreement for Kiwanis Hobart Park Restroom and Sewer Connection, 5555 77th Street
Bid Number
2023047
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itemized bid shall serve as the basis for determining the cost of each item on the <br />list. For projects in excess of $10 million, owner shall have up to 45 calendar days <br />following receipt of Certificate of Substantial Completion of the project to provide <br />contractor with said list. <br />C. Within 20 business days following the creation of the list, Owner shall pay <br />Contractor the remaining contract balance including all retainage previously <br />withheld by Owner except for an amount equal to 150% of the estimated cost to <br />complete all of the items on the list. Upon completion of all items on the list, the <br />Contractor may submit a payment request for the amount of the 150% retainage <br />held by the Owner. If a good faith dispute exists as to whether one or more of the <br />items have been finished, the owner may continue to withhold the 150% of the total <br />cost to complete such items. The owner shall provide Contractor written reasons <br />for disputing completion of the list. <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 <br />do not apply to construction services work purchased by the County as OWNER which <br />are paid for, in whole or in part, with federal funds and are subject to federal grantor laws <br />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 <br />be 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 />3 <br />
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