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Reso 2009-1495
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Reso 2009-1495
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Last modified
9/30/2010 11:13:54 AM
Creation date
9/30/2010 11:12:10 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1495
Date (mm/dd/yyyy)
10/29/2009
Description
Bid 09-09-01/Agmt w/Tenex: Median Closure/Collins Ave Streetscape Imp
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<br />~ % (with the balance being retainage) of materials and equipment not <br />incorporated in the Work but delivered, suitably stored and accompanied by <br />documentation satisfactory to OWNER as provided in paragraph 14.02 of the <br />General Conditions and within Section 9-6.5 partial payments as provided in <br />FDOT Standard Specifications for Road and Bridge Construction. <br /> <br />5.1.2. When circumstances beyond the CONTRACTORS control arise (as determined <br />by the OWNER) the OWNER may allow the total payment to the CONTRACTOR to <br />increase to 98% of the contract price (with the balance being retainage), less such <br />amounts as ENGINEER shall determine, only after receipt of the final as-builts and <br />upon substantial completion of the project and in accordance with Paragraph 14.02 <br />of the General Conditions. <br /> <br />5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with <br />paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract <br />Price as recommended by ENGINEER as provided in said paragraph 14.07. <br /> <br />Article 6. INTEREST. (Not Applicable) <br /> <br />Article 7. CONTRACTOR'S REPRESENTATIONS. <br /> <br />In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following <br />representations: <br /> <br />7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including <br />the Addenda listed in paragraph 8) and the other related data identified in the Bidding <br />Documents including "technical data." <br /> <br />7 .2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the <br />general, local and site conditions that may affect cost, progress, performance or furnishing of <br />the Work. <br /> <br />7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and <br />Regulations that may affect cost, progress, performance and furnishing of the Work. <br /> <br />7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface <br />conditions at or contiguous to the site and all drawings of physical conditions in or relating to <br />existing surface or subsurface structures at or contiguous to the site (except Underground <br />Facilities) which have been identified in the Supplementary Conditions as provided in <br />paragraph 4.2.1. of the General Conditions. CONTRACTOR accepts the determination set <br />forth in paragraph SC-4.2 of the Supplementary Conditions of the extend of the "technical <br />data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as <br />provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such <br />reports and drawings are not Contract Documents and may not be complete for <br />CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not <br />. assume responsibility for the accuracy or completeness of information and data shown or <br />indicated in the Contract Documents with respect to Underground Facilities at or contiguous to <br />the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for <br />having done so) all such additional supplementary examinations, investigations, explorations, <br />tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) <br />at or contiguous to the site or otherwise which may affect cost, progress, performance or <br />furnishing of the Work or which relate to any aspect of the means, methods, techniques, <br />sequences and procedures of construction to be employed by CONTRACTOR and safety <br />precautions and programs incident thereto. CONTRACTOR does not consider that any <br />additional examinations, investigations, explorations, tests, studies or data are necessary for <br /> <br />09/09 <br /> <br />00500-3 <br /> <br />03-4122.F <br />
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