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2005-098
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2005-098
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Last modified
7/13/2016 12:17:53 PM
Creation date
9/30/2015 8:34:56 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/29/2005
Control Number
2005-098
Agenda Item Number
7.P.
Entity Name
Indian River Industrial Contractors
Subject
Central Regional Wastewater Treatment Plant Expansion
Area
Wastewater Treatment Plant
Project Number
2347
Supplemental fields
SmeadsoftID
4835
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•r 1 . 11 . 1 . Form , of Agreement (Cont' d) T' <br /> Payment Bond and the Performance Bond, to affix to each a current certified copy of their Power <br /> of Attorney, reflecting such person' s authority as Power of Attorney in the State of Florida. <br /> Further, at the time of execution of the Contract, the Contractor shall provide a copy of the <br /> Surety' s current 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 Payment Bond and <br /> Performance Bond shall be submitted in the forms furnished in the Contract Documents . The <br /> Contractor shall provide two separate bonds; a combined Payment and Performance Bond for <br /> 125 % of the contract price is not an acceptable substitute . <br /> .. Article 9 . REMEDIES AND CHOICE OF LAW : This Agreement shall be governed by the laws <br /> of the State of Florida. Any legal actions instituted under this Agreement that are justiciable in <br /> state court shall be instituted in Indian River County. Any legal actions instituted under this <br /> ,. Agreement that are justiciable in federal court shall be instituted in the Southern District of <br /> Florida. No remedy herein conferred upon any party is intended to be exclusive of any other <br /> remedy and each and every such remedy shall be cumulative and shall be in addition to every such <br /> .. remedy given hereunder or now or hereafter existing at law or in equity or by statute <br /> or <br /> otherwise. No single or partial exercise by any parry or any right, power, or remedy hereunder <br /> shall preclude any other or further exercise thereof. <br /> Article 10 . GENERAL PROVISIONS <br /> 10 . 1 . Independent Contractor. The parties expressly recognize that the relationship between the <br /> County and Contractor is that of County and independent contractor, and that neither the <br /> Contractor nor any of his servants, agents, or employees shall ever be considered to be an <br /> agent, servant or employee of the County. <br /> 10 . 2 . Pledge of Credit . The Contractor shall not pledge the County ' 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 the Agreement . <br /> 10 . 3 . 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 /> 10 . 4 . Public Records . The County and the Contractor shall comply with the provisions of <br /> Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement . <br /> 10 . 5 . Notices . All notices, requests, demands, approvals, consents, and other communications <br /> required or permitted under this Agreement shall be in writing and shall be (as elected by <br /> the person giving such notice) hand delivered by messenger; delivered by commercial <br /> overnight courier service; sent by facsimile/telecopier; or mailed by registered or certified <br /> mail (postage prepaid) return receipt requested and addressed to : <br /> 85 <br />
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