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2007-147
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2007-147
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Last modified
5/16/2016 1:26:55 PM
Creation date
9/30/2015 10:47:11 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/01/2007
Control Number
2007-147
Agenda Item Number
7.W.
Entity Name
Wharton-Smith, Inc.
Subject
Standard Form Agreement stipulated price
West Regional WWTF Expansion
Area
West Regional WWTF
Supplemental fields
SmeadsoftID
6281
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5.3 Paragraphs 5 . 1 and 5 .2 do not apply to construction services work purchased by the County as <br /> OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor <br /> laws and regulations or requirements that are contrary to any provision of the Local Government <br /> Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the <br /> applicable grant requirements and guidelines. <br /> 5 .4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready <br /> for final inspection and acceptance, the ENGINEER will promptly make such inspection and <br /> when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract <br /> fully performed, the ENGINEER will promptly issue a final completion certificate stating that the <br /> work provided for in this Contract has been completed, and acceptance by the OWNER under the <br /> terms and the conditions thereof is recommended and the entire balance found to be due the <br /> CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County <br /> Commission approval of the final Contract payment. <br /> 5 .5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final <br /> payment shall be and shall operate as a release to the OWNER from all claims and all liability to <br /> the CONTRACTOR 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 this Contract <br /> and for every act and neglect of the OWNER and others relating to or arising out of the work. <br /> Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties <br /> from any obligations under the Contract Documents or the Payment and Performance Bonds. <br /> ARTICLE 6 INTEREST <br /> Not Applicable. <br /> ARTICLE 7 CONTRACTOR'S REPRESENTATIONS <br /> In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following <br /> representations: <br /> 7. 1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, <br /> site, locality, and all local conditions and laws and regulations that in any manner may affect cost, <br /> progress, performance or furnishing of the work. <br /> 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions <br /> and drawings of physical conditions which are identified in the Supplementary Conditions as <br /> provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in <br /> Paragraph SC-4.02 of the Supplementary Conditions of the extent of the technical data contained in <br /> such reports and drawings upon which CONTRACTOR is entitled to rely. <br /> 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and <br /> carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in <br /> addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface <br /> or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, <br /> performance or furnishing of the work as CONTRACTOR considers necessary for the performance <br /> of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the <br /> other terms and conditions of the Contract Documents, including specifically the provisions of <br /> Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, <br /> 00530-3 <br />
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