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2008-130
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2008-130
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Last modified
3/30/2016 11:29:23 AM
Creation date
10/1/2015 12:07:42 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/22/2008
Control Number
2008-130
Agenda Item Number
15.B.2
Entity Name
Barth Construction
SWDD District
Subject
Fellsmere Customer Convenience Center Agreement on Stipulated Price
Bid Number
2008017
Supplemental fields
SmeadsoftID
6996
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applicable grant requirements and guidelines. <br /> 5 .4 Acceptance and Final Payment. Upon receipt of written notice that the work is ready for final <br /> inspection and acceptance, the ENGINEER will promptly make such inspection and when the <br /> ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, <br /> the ENGINEER will promptly issue a final completion certificate stating that the work provided for in <br /> this Contract has been completed, and acceptance by the OWNER under the terms and the conditions <br /> thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the <br /> CONTRACTOR by the OWNER following County 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 the <br /> 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 and for <br /> every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, <br /> however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations <br /> 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 SC4.02 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 famishing of the work as CONTRACTOR considers necessary for the performance <br /> of famishing 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 /> explorations, tests, reports, studies or similar information or data are or will be required by <br /> CONTRACTOR for such purposes. <br /> 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the <br /> Contract Documents with respect to existing underground facilities at or contiguous to the site and <br /> FELLSMERE CONVENIENCE CENTER 00530 — Standard Form of Agreement <br /> 00530 - 3 <br />
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