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1999-338
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1999-338
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Last modified
2/6/2024 1:11:35 PM
Creation date
2/6/2024 1:11:31 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/21/1999
Control Number
1999-338
Entity Name
Summit Construction Management Inc.
Subject
Agreement for Round Island Ocean-Front Park
Project Number
9622
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Article 4. PAYMENT & RETAINAGE: Progress payments on the Contract amount for the <br />value of work completed and component material on site will be made upon request f <br />at not less 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 the <br />County until final completion and acceptance of the Contract. <br />Contractor shall allow adequate processing time for County Commission final <br />acceptance and approval for final payment. <br />Article 5. ACCEPTANCE AND 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 acceptable under <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 following 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 work has been paid. Such affidavit will be signed <br />by a duly authorized officer of the contracting firm, will bear the firm's seal, and will <br />be notadzed and attested by two witnesses. A Waiver -of -Lien form signed by a duly <br />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 County, <br />other than those arising from unsettled liens, from faulty work appearing after final <br />payment or from requirements of the Specifications and of all claims by the <br />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 considered <br />to be an agent, servant or employee of the County. <br />Article 7. PUBLIC CONSTRUCTION PAYMENT BOND AND PERFORMANCE BOND: <br />The Contractor shall furnish the County immediately upon execution of this <br />Contract, a Performance Bond In an amount equal to 125% of the Contract <br />price and a Payment Bond in an amount equal to 100% of the Contract price <br />with good and sufficient sureties, conditioned upon the performance of this Contract <br />by the Contractor in accordance with the terms and conditions hereof, within the <br />AGREEMENT <br />A-2 <br />
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