HomeMy WebLinkAbout2008-039AGREEMENT
THIS AGREEMENT made and entered into this Z �Ilc/ day of C,l� �l/ �'�' "I 2009
by and between hereinafter called the
CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER.
WITNESSED: That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree
as set forth below:
Article 1. SCOPE OF WORK L' Qs(c �iz
As per specifications of advertised and sealed bid in Indian River County Bid% J/ S
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CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of 0) e-
ON/WCO Sia' WT-CC0 TW)USAPO SiK QOLL IP --4 ($ H} �t�(JiD . ZS ), all of the necessary
a-AyJ FJVC Cts
and eaumment to perform the work described in accordance with the Contract Documents.
Article 2. TIME OF COMPLETION
K. Days from receipt of the Notice to Proceed.
Article 3. GENERAL
The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made
such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation
herein made; and shall complete the same the time limit specified herein in accordance with the plans and
specifications.
The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work. The
CONTRACTOR shall provide Performance Bonds for all work in this Agreement.
All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the
amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for
hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the
CONTRACTOR, and his decision thereon shall be final and conclusive; and such determination and decision, in case
any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money
hereunder.
Any clause or section of this contract or specification which may for any reason be declared invalid by a court of
competent jurisdiction, including appeal, if any, may be eliminated there from; and the intent of this Contract and the
remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been
incorporated therein.
Article 4. QUANTITIES AND PRICES
The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract,
based on the items of work set forth in the CONTRACTOR'S Bid Form.
Article 5. ACCEPTANCE AND FINAL PAYMENT
When the work provided for under this contract has been completed, in accordance with the terms thereof, that a
lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the
OWNER within fifteen days after the date of completion.
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The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that
the work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance shall
not be issued until completed As -built drawings of the actual construction have been furnished to the OWNER and
verified.
In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER'S final acceptance by the
OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount. PAYMENT of the lump sum
amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or
liabilities to the CONTRACTOR in connection with this Contract.
CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, employees, elected
officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the
CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this
Contract. This indemnification and hold harmless provision shall survive the termination or expiration of this
Contract, and is limited to the amount of this Contract.
Article 6. THE CONTRACT DOCUMENTS
The General Conditions, Special Conditions, Specifications, Bid Documents, Insurance Requirements (Exhibit A),
Bonds, and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if
included herein.
Article 7. VENUE
This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party
against the other party or otherwise arising out of this agreement shall be in Indian River county, Florida, or in the
event of federal jurisdiction, in the United States District Court for the Southern District of Florida.
(Contractor)
PROVED
seph . Baird, County A ministrator
Approved as to Form and Le 1 Sufficiency
County Attorney v
(Owner)
�'i
Approve d'J BCS; Fobryar �5, 2008
Attest:
l
Jeffr`K.1 Barton;, ClerlK of Circuit Court
By: ''CCG a C
Deputy Clerk
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