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2019-161E
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2019-161E
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Last modified
12/30/2019 3:21:53 PM
Creation date
11/8/2019 12:51:26 PM
Metadata
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Template:
Official Documents
Official Document Type
Bid
Approved Date
10/01/2019
Control Number
2019-161E
Agenda Item Number
8.I.
Entity Name
TLC Diversified, Inc.
Subject
Award of Bid# 2016067 – Roseland Elevated Storage Tank Water Transmission Main
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There are no Contract Documents other than those listed above in this Article 8. The Contract <br />Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the <br />General Conditions. <br />ARTICLE 9 MISCELLANEOUS <br />9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have <br />the meanings indicated in the General Conditions. <br />9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of <br />the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action <br />to be brought in its name for the benefit of others, without previous consent of the OWNER and <br />concurred to by the sureties. Any attempted assignment shall be void and may, at the option of <br />the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as <br />creating any personal liability on the part of any officer or agent of the OWNER who may be a <br />party hereto. <br />9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal <br />representatives to the other party hereto, its partners, successors, assigns and legal <br />representatives in respect of all covenants, agreements and obligations contained in the <br />Contract Documents. <br />9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved <br />in the completion of this Agreement and the work thereunder. <br />9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit <br />brought by either party against the other party or otherwise arising out of this agreement shall <br />be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States <br />District Court for the Southern District of Florida. <br />9.6 The CONTRACTOR shall indemnify and hold harmless the County, and its officers and <br />employees, from liabilities, damages, losses and costs, including, but not limited to, <br />reasonable attorney's fees, to the extent caused by the negligence, recklessness, or <br />intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by <br />the CONTRACTOR in the performance of the construction contract. <br />9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a <br />guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any <br />form of indebtedness. The CONTRACTOR further warrants and represents that it has no <br />obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. <br />9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such <br />counterparts, when duly executed, shall constitute one and the same Agreement. <br />9.9. Public Records. Indian River County is a public agency subject to Chapter 119, Florida <br />Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the <br />Contractor shall: <br />A. Keep and maintain public records required by the County to perform the service. <br />B. Upon request from the County's Custodian of Public Records, provide the <br />County with a copy of the requested records or allow the records to be inspected or <br />00530-6 <br />
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