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2006-044
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Last modified
5/27/2016 11:20:40 AM
Creation date
9/30/2015 9:30:42 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/07/2006
Control Number
2006-044
Agenda Item Number
11.I.5.
Entity Name
Ranger Construction Industries, Inc.
Subject
emergency beach restoration post hurricanes Frances and Jeanne
Area
John's Island segment
Supplemental fields
SmeadsoftID
5448
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Contract. This indemnification and hold harmless provision shall survive the <br /> termination or expiration of this Contract. <br /> Article 7. PUBLIC CONSTRUCTION PAYMENT AND PERFORMANCE BOND : <br /> The CONTRACTOR shall furnish the COUNTY immediately upon execution <br /> of this Contract a Performance Bond in an amount equal to 125% of the <br /> contract price and a Payment Bond in an amount equal to 100% of the <br /> contract price, conditioned upon the performance of this Contract by the <br /> CONTRACTOR in accordance with the terms and conditions hereof, within <br /> the time herein provided, and with the additional obligation that such <br /> CONTRACTOR shall promptly make payments to all persons supplying him <br /> labor, materials and supplies, used directly or indirectly by the said <br /> CONTRACTOR in the prosecution of the work provided for in this Contract. <br /> The Surety shall be authorized to issue surety bonds in Florida and be <br /> included in the most recent United States Department of Treasury List of <br /> Acceptable Sureties. Bidder shall require the attorney-in-fact, who executed <br /> the Payment Bond and the Performance Bond, to affix to each a current <br /> certified copy of their Power of Attorney, reflecting such person's authority as <br /> Power of Attorney in the State of Florida. Further, at the time of execution of <br /> the Contract, the successful Bidder shall provide a copy of the Surety's current <br /> valid Certificate of Authority issued by the United States Department of the <br /> Treasury under 31 United States Code sections 9304-9308 . Each of the <br /> Payment Bond and Performance Bond shall be submitted in the forms <br /> furnished herewith <br /> The CONTRACTOR shall provide two separate bonds; a combined Payment <br /> and Performance Bond for 125% of the contract price is not an acceptable <br /> substitute. <br /> Article 8 . REMEDIES AND CHOICE OF LAW: This Agreement shall be governed by <br /> the laws of the State of Florida. Any legal actions instituted under this <br /> Agreement that are justiciable in state court shall be instituted in Indian River <br /> County. Any legal actions instituted under this Agreement that are justiciable <br /> in federal court shall be instituted in the Southern District of Florida. No <br /> remedy herein conferred upon any party is intended to be exclusive of any <br /> other remedy and each and every such remedy shall be cumulative and shall <br /> be in addition to every such remedy given hereunder or now or hereafter <br /> existing at law or in equity or by statute or otherwise. No single or partial <br /> exercise by any party or any right, power, or remedy hereunder shall preclude <br /> any other or further exercise thereof. <br /> Article 9. GENERAL PROVISIONS <br /> 9_l Independent Contractor. The parties expressly recognize that the <br /> relationship between the COUNTY and CONTRACTOR is that of <br /> OWNER and independent contractor, and that neither the <br />
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