2003-340 - Laserfiche WebLink

Home Browse Search

Article 7. PUBLIC CONSTRUCTION PAYMENT AND PERFORMANCE BOND: The CONTRACTOR shall furnish the COUNTY immediately upon execution of this Contract a Performance Bond in an amount equal to 125% of the contract price and a Payment Bond in an amount equal to 100% of the contract price with good and sufficient sureties, conditioned upon the performance of this Contract by the CONTRACTOR in accordance with the terms and conditions hereof, within the time herein provided, and with the additional obligation that such CONTRACTOR shall promptly make payments to all persons supplying him labor, materials and supplies, used directly or indirectly by the said CONTRACTOR in the prosecution of the work provided for in this Contract. The CONTRACTOR shall record the Payment and Performance Bond with the Public Record Section of the Indian River Courthouse located at 2000 16th Avenue, Vero Beach, Florida, 32960. The recorded bonds will be forwarded to the Purchasing Division within one week. The CONTRACTOR shall provide two separate bonds; a combined Payment and Performance Bond for 125% of the contract price is not an acceptable substitute. Article 8. REMEDIES AND CHOICE OF LAW: This Agreement shall be governed by the laws of the State of Florida. Any legal actions instituted under this Agreement that are justiciable in state court shall be instituted in Indian River County. Any legal actions instituted under this Agreement that are justiciable in federal court shall be instituted in the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Article 9. GENERAL PROVISIONS 9.1 . Independent Contractor. The parties expressly recognize that the relationship between the COUNTY and CONTRACTOR is that of OWNER and independent contractor, and that neither the CONTRACTOR nor any of his servants, agents, or employees shall ever be considered to be an agent, servant or employee of the COUNTY.