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HomeMy WebLinkAbout2013-185A A TRUE COPY CERTIFICATION ON LAST PAGE J . R . SMITH , CLERK r� /g!' A� Agreement THIS AGREEMENT made and entered into this Z S day of S� t 2013 , by and between r/ 4H elty S , 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 # 2013046 — North County RO Plant VFD Replacement CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish , for the sum of fiftv-five thousand dollars ( $ 55 , 000 ), all of the necessary labor, material, and, equipment to perform the work described in accordance with the Contract Documents , Article 2 TIME OF COMPLETION L/ 3 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 . A TRUE COPY CERTIFICATION ON LAST PAGE J . R . SMITH , CLERK 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 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 . 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) ( Owner ) Indian River County, Florida P� esiderr � , 'ie.c, J eph . Flescher, BCC Chairman Witnessed by : � Y �, �� Approved by BCC 09- 17-13 Attest : APPROVED Jeffrey R . Smith , Clerk of Court and Comptroller / By : Q/�GQJ X ?e! ph A gird, County Administrator Deputy Clerk r ° ��11SSl0 Approved as to Form and Legal Sufficiency B : � C unty Attorney f . F 1 '4 CERTIFICATE OF LIABILITY INSURANCE DATE09 / 19 / 21 /Y013 9 / 23 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY 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 confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1 - 314 - 965 - 4346 CONTACT Sandy Grose Arthur J . Gallagher Risk Management Services , Inc . PHONE 314 - 800 - 2269 n/c No : 866 - 201 - 3567 12444 Poweracourt Drive ADDRESS: sandy ..gross@ajg . com St . Louis , MO 63131 INSURERS AFFORDING COVERAGE NAICX Craig R . Parres INSURER A : SENTRY CAS CO 28460 INSURED INSURER B : SENTRY INS A MUT CO 24988 Flanders Electric Motor Service , Inc . INSURER C : COMMERCE & INDUSTRY INS CO 19410 2701 S . Combee Road INSURER D : Lakeland , FL 33803 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER : 35776883 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 , INSR I ADDL SUEREFF POLICY LTR TYPE OF INSURANCEXP PLICNUMBER MM/DDY/YYYY MM/DD/YYYY LIMITS A I GENERAL LIABILITY 90 - 17275 - 02 08 / 01 / 1 08 / 01 / 14 EACH OCCURRENCE S 110000000 XA O RENT COMMERCIAL GENERAL LIABILITY AMLU PREMISES Ea occurrence $ 100 , 000 CLAIMS-MADE a OCCUR MED EXP (Any one person) S 5 , 000 X $ 250 , 000 deductible PERSONAL & ADV INJURY $ 110000000 GENERAL AGGREGATE $ 5 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 000 , 000 X POLICY PRO- LOC $ B AUTOMOBILE LIABILITY 90 - 17275 - 03 COMBINED SINGLE LIMIT Ea accident 21 000 , 000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ Ix 250X Dad . $ C ' X UMBRELLALIAB X OCCUR BE3298636 08 / 01 / 1 08 / 01 / 14 EACH OCCURRENCE $ 10 , 000 , 000 EXCESSLIAB CLAIMS-MADE AGGREGATE $ 10 , 000 , 000 i DED RETENTION $ $ WORKERS COMPENSATIONWC STATU - OTH- A ! AND EMPLOYERS• LIABILITY 90 - 17275 - 01 ( AOS ) 08 / 01 / 1 08 / 01 / 14 X A ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N 90 - 17275 - 04 ( WI ) 08 / 01 / 1 08 / 01 / 14 E.L. DRYEACH ACCIDENT $ 1 , 000 , 000 OFFICER/MEMBER EXCLUDED? ❑ N / A I (Mandatory in NH) E. L. DISEASE - EA EMPLOYEE S 11 000 , 000 If yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT 1 $ 1 , 000 , 000 B ; Auto Physical Damage 90 - 17275 - 03 08 / 01 / 1 08 / 01 / 14 $ 50 , 000 . Ded . i i I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 701 , Additional Remarks SchaduleGd-lC`[FjtoGell �(`#7s�utred) The limit shown for the Excess Liability coverage is at least � 0 arft' b8• policy . Indian River County is shown as an Additional Insured solely ;. r ectLral Liability coverage as evidenced herein as requried by written contract with respect to work INPerfo by t 'a Insured . General Liability - Additional Insured - CG 80181204 : .\L CP Bid No . 2013046 - North CountRO• F TATE OF FL RIGA ✓ INDIAN RIVER COUNTY r" „•! CERTIFICATE HOLDER THIS IS TO CERTIFY THAT THIS IS 60 CE>kti' THE ORDINAL ON FILE IN THIS S `� � i F�' o° OFFICE . T� ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County FFpEY R . g , CLERK T FV61 �k►1'b DATE THEREOF, NOTICE WILL BE DELIVERED IN Office of Management and Bu get A CORDANCE WITH THE POLICY PROVISIONS , BY .C. 1800 27th Street DATE 10 JIFJ 13 AUT RIZED REPRESENTATIVE Vero Beach , FL 32960 R WA BSA © 1988-2010 ACORD CORPORATION . All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Sgross 35776883