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Home My WebLink About2011-163B AGREEMENT THIS AGREEMENT made and entered into this day of ` , 20 , FJ4 A % �1 by and between "> W 1 ``lzz� `y'y� L)L), Vc y► Yy*Ne 'Vd6-- 5v1C - 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 As per specifications of advertised and sealed bid in Indian River County Bid # 2011053 Central Wastewater Odor Control Media Replacement ; CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish , for the sum of c��TkCX - 4 o' o' Lac `&, t �$ ��,(�+ , C �CY CSU ) , all of the necessary labor material , and equipment to perform the work described in accordance with the Contract Documents . Article 2 . TIME OF COMPLETION U 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 therefrom ; 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 . Page 16 of 17 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 . 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 Asbuilt 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 . 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. i ' ( Contractor) ;' (Owner) e Indian River County, Florida President �� rl� �r � t ;,.s Bob Solari , BCC Chairman I Witnessed b ' Approved b BCC y'�N;� l�-iv\ �� Pp Y ••r4ara au x .. ,, •••+ 60 COMMS •Attest : A ROVED �' sod frey K. Ba n Cle f Circuit Court � > • o : j / : v • imoi/ •: I seph A . Baird , County Administrator * Deputy Clerk CApproved as to Form and Legal SufficieneP. f/ ••9y� gCOt1Ny;�N�0•. BY 4 } arlrrrr • CounQ Attorney END OF SECTION Page 17 of 17 AC R OP ID : 9S �.. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 08!23/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED TE THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not co certificate holder in lieu of such endorsement(s), nfer rights to the PRODUCER 518-244-4245 CONTACT Rose and Kiernan, Inc . NAME: 518-244-4262 PHONE FAX 99 Troy Road c e A/c Nol: E- AIL East Greenbush , NY 12061 ADMDRESS: PUOTUCER I . BIOREA INSURERS AFFORDING COVERAGE NAIC p INSURED Blorem Environmental, Inc. INSURERA : Zurich American Insurance Co 379 100 Rawson Road - Suite 230 Victor, NY 14564 INSURER B INSURER C : INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE -AbffL POLICY NUMBER MOMILDWY EFF M LI Y EXP LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 21000100 A X COMMERCIAL GENERAL LIABILITY X GLO550184401 10/15/10 10/15/11 DAMAGE TO RENTEIT�occurrence $ 13000900 CLAIMS-MADE a OCCUR MED EXP (Any one person) $ 5100 PERSONAL 8 ADV INJURY $ 29000100 GENERAL AGGREGATE $ 2,000100 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 29000100 POLICY 71 JFrT PRO- Loc Emp Ben. $ 19000900 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A ANY AUTO (Ea accident) E 1 ,000,00 BAP6555351 10/15/10 10/15/11 ALL OWNED AUTOS BODILY INJURY (Per person) $ X SCHEDULED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNEDAUTOS $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY X A ANY PROPRIETOR/PARTNER/EXECUTNE Y / N C6555868I ER 10115/10 10/15/11 E.L. EACH ACCIDENT $ 17000,00 OFFICER/MEMBER EXCLUDED? ElN / A ( Mandatory in NH) E. L. DISEASE - EA EMPLOYEE $ 1 , 000 00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMrr $ 11000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space Is required) RE : Indian River County Bid#2011053 All operations usual and incidental to the business of the named insured . Certificate holder is listed as additional insured as required by written agreement only. CERTIFICATE HOLDER CANCELLATION INDIA25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1800 27th Street ACCORDANCE WITH THE POLICY PROVISIONS. Vero Beach , FL 32960 AUTHORIZED REPRESENTATIVE C 1988 -2009 ACORD CORPORATION . All rights reserved . ACORD 26 ( 2009/09 ) The ACORD name and logo are registered marks of ACORD