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2003-340
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2003-340
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Last modified
3/14/2023 1:51:34 PM
Creation date
9/30/2015 7:10:05 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/16/2003
Control Number
2003-340
Agenda Item Number
7.K.
Entity Name
Henry Fischer and Sons, Inc.
Subject
Dune Restoration Project
Baytree, Marbrisa and Seagrape Trail
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3556
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work for which there is an outstanding Notice of Non -Payment or Notice to <br />OWNER. <br />Article 5. ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice <br />that the work is ready for final inspection and acceptance, the ENGINEER <br />will promptly make such inspection and when he finds the work acceptable <br />under the terms of the Contract and the Contract fully performed, he will <br />promptly issue a final completion certificate, over his own signature, stating <br />that the work provided for in this Contract has been completed, and <br />acceptance by him/her under the terms and the conditions thereof is <br />recommended and the entire balance found to be due the CONTRACTOR, <br />will be paid to the CONTRACTOR by the OWNER following County <br />Commission approval of the final Contract payment. <br />Before issuance of a final completion certificate, the contractor shall submit <br />evidence satisfactory to the COUNTY Coastal Engineer that all payrolls, <br />material bills, and other indebtedness connected with the work have been <br />paid. An affidavit must be submitted by the CONTRACTOR to the OWNER <br />stating that all indebtedness connected with the work has been paid. Such <br />affidavit will be signed by a duly authorized officer of the contractor, will bear <br />the firm's seal, and will be notarized and attested by two witnesses. A Waiver - <br />of -Lien form signed by a duly authorized officer of all Subcontractors, <br />notarized and attested by two witnesses is required from each Subcontractor <br />engaged under the scope of this Contract, and must accompany the request for <br />final payment. <br />Acceptance of Final Payment as Release. The acceptance by the <br />CONTRACTOR of final payment shall be and shall operate as a release to the <br />OWNER from all claims and all liability to the CONTRACTOR other than <br />claims in stated amounts as may be specifically excepted by the <br />CONTRACTOR for all things done or furnished in connection with this Work <br />and for every act and neglect of the OWNER and others relating to or arising <br />out of this Work. Any payment, however, final or otherwise, shall not release <br />the CONTRACTOR or his/her sureties from any obligations under the <br />Contract Documents or the Payment and Performance Bonds. <br />Article 6. INDEMNIFICATION: CONTRACTOR agrees to indemnify and hold <br />harmless the OWNER, together with its agents, employees, elected officers <br />and representatives, from liabilities, damages, losses, and costs, including but <br />not limited to, reasonable attorney's fees, to the extent caused by the negligence, <br />recklessness or intentionally wrongful conduct of the CONTRACTOR and <br />persons employed or utilized by the CONTRACTOR in the performance of this <br />Contract. This indemnification and hold harmless provision shall survive the <br />termination or expiration of this Contract. <br />
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