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2005-006
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2005-006
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Last modified
5/19/2017 2:33:18 PM
Creation date
10/5/2015 8:55:44 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/04/2005
Control Number
2005-006
Agenda Item Number
11.C.1
Entity Name
Henry Fischer & Sons
Subject
Emergency Dune Restoration IRC Post Hurricane Frances and Jeanne
Project Number
0451
Bid Number
7034
Archived Roll/Disk#
4000
Supplemental fields
SmeadsoftID
8160
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Before issuance of a final completion certificate, the contractor shall submit evidence <br />satisfactory to the COUNTY that all payrolls, material bills, and other indebtedness <br />connected with the work have been paid. An affidavit must be submitted by the <br />CONTRACTOR to the OWNER stating that all indebtedness connected with the <br />work has been paid. Such affidavit will be signed by a duly authorized officer of the <br />contractor, will bear the firm's seal, and will be notarized and attested by two <br />witnesses. A Waiver -of -Lien form signed by a duly authorized officer of all Subcon- <br />tractors, 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 final <br />payment. <br />Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of <br />fmal payment shall be and shall operate as a release to the OWNER from all claims <br />and all liability to the CONTRACTOR other than claims in stated amounts as may be <br />specifically excepted by the CONTRACTOR for all things done or furnished in <br />connection with this Work and for every act and neglect of the OWNER and others <br />relating to or arising out of this Work. Any payment, however, fmal or otherwise, <br />shall not release the CONTRACTOR or his/her sureties from any obligations under <br />the Contract Documents or the Payment and Performance Bonds. <br />Article 6. INDEMNIFICATION: CONTRACTOR agrees to indemnify and hold harmless the <br />OWNER, together with its agents, employees, elected officers and representatives, <br />from liabilities, damages, losses, and costs, including but not limited to, reasonable <br />attorney's fees, to the extent caused by the negligence, recklessness or intentionally <br />wrongful conduct of the CONTRACTOR and persons employed or utilized by the <br />CONTRACTOR in the performance of this Contract. This indemnification and hold <br />harmless provision shall survive the termination or expiration of this Contract. <br />Article 7. PUBLIC CONSTRUCTION PAYMENT AND PERFORMANCE BOND: The <br />CONTRACTOR shall furnish the COUNTY immediately upon execution of this <br />Contract a Performance Bond in an amount equal to 125% of the contract price and a <br />Payment Bond in an amount equal to 100% of the contract price, conditioned upon <br />the performance of this Contract by the CONTRACTOR in accordance with the terms <br />and conditions hereof, within the time herein provided, and with the additional <br />obligation that such CONTRACTOR shall promptly make payments to all persons <br />supplying him labor, materials and supplies, used directly or indirectly by the said <br />CONTRACTOR in the prosecution of the work provided for in this Contract. The <br />Surety shall be authorized to issue surety bonds in Florida and be included in the most <br />recent United States Department of Treasury List of Acceptable Sureties. Bidder <br />shall require the attorney-in-fact, who executed the Payment Bond and the <br />Performance Bond, to affix to each a current certified copy of their Power of <br />Attorney, reflecting such person's authority as Power of Attorney in the State of <br />Florida. Further, at the time of execution of the Contract, the successful Bidder shall <br />provide a copy of the Surety's current valid Certificate of Authority issued by the <br />United States Department of the Treasury under 31 United States Code sections 9304- <br />9308. Each of the Payment Bond and Performance Bond shall be submitted in the <br />forms furnished herewith <br />AGREEMENT A-3 <br />
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