Loading...
HomeMy WebLinkAbout2012-128A 70 a la 8 . D ACIR1 h: MENT h THIS AGREEMF,N " I' made and entered into this day of u 20 �� by and between _ _L__ - 3 Comm_unieations Security & Detection hereinafter called the systems , Inc . CONTRACTI and INDIAN RIVER COUNTY herein called the OWNER . WI ' I ' NESSED : That whereas , the OWNER and the CON " FRAC " TOR 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 9 2012044 South RO Plant Wonderware Software Ups CONTRACTOR , as an independent CONTRACTOR and not as an employee , shall furnish , for the sum of Ninety -two thousand dollars ( $ 92 , 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 Days from receipt of the Notice to Proceed . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause ofthe 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 OWNFR 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 , qualit y . fitness . and acceptahility of the several kinds of work and materials which are to he 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 CONTRAC ' T'OR to receive any money hereunder . Any clause or section ofthis 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 . Page 32 of 34 Article 4 . QUANTITIIl;S AND I' MCES The Owner shall pay the CONTRA (' " I ' OI: fir 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 CON " I I : AC 1 OR , 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 . PAYMI4' NT 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 . rI ' If . CONTRACT DOCME UNTS 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 . �N •wnu , . (Contracto ) , � ( Owner) ,p�.• • • " _. mak ._ s, - Indian River County , Florida President Peter D . O ' Bryan , Vice-Chairman % :• Witnessed by : 1r' L l' �li, Approved by BCC 17 ' K) I � �'•�.4kb Attest : APPROVED Jeffrey R . Smith , Verk of Court pyd Cornatroll. . Joseph) . Baird , County A�hni ► ' st�at�i Deputy Clerk Appyy to I ii an ¢ L r �u �f ► c ► cncy BY ` County Attorney Page 33 of 34 .aco CERTIFICATE OF LIABILITY INSURANCE D07 / 19IDD/Y 07 / 19 / 20122 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 - 212 - 994 - 7100 CONTACT Morgan Mocio Arthur J . Gallagher Risk Management Services , Inc . PHONE FAX , 212 - 994 - 7072 AIC No : 250 Park Avenue E-MAIL 3rd Floor ADDRESS : New York , NY 10177 INSURERS AFFORDING COVERAGE NAIC q INSURER A : INSURANCE CO OF THE STATE OF PA 19429 INSURED INSURER B : NATIONAL UNION FIRE INS CO OF PITTS 19445 L - 3 Communications Security & Detection Systems , Inc . COMMERCE & INDUSTRY INS CO 19410 C / o L - 3 Communications Corp . INSURER C 600 Third Avenue INSURER D : NEW HAMPSHIRE INS CO 23841 New York , NY 10016 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER : 28357189 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 , INSRADDL SUBR POLIY LTR TYPE OF INSURANCEiNRR WvnPOLICY NUMBER MMIDD/YEYYY MM DD /YEYYY LIMITS A I GENERAL LIABILITY 2705148 02 / 01 / 1 02 / 01 / 13 EACH OCCURRENCE $ 1 , 000 , 000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100 , 000 CLAIMS-MADE � OCCUR MED EXP (Any one person) $ 100000 X DAMAGET RENTED FX ( Includes Product PERSONAL BADV INJURY $ 110000000 PX Liability ) GENERAL AGGREGATE $ 21000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 210008000 X POLICY Ll PRO LOC $ A AUTOMOBILE LIABIUTY CA 4695541COMBINED SINGLE LIMIT A X CA 4695540 02 / 01 / 1 Ea accident 2 , 000 , 000 02 / 01 / 13 A ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED CA 4695539 02 / 01 / 1 02 / 01 / 13 BODILY INJURY (Per $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ I DED RETENTION $ $ B i WORKERS COMPENSATION 1019736872 ( AOS ) 02 / 01 / 1 02 / O1 / 13 � Xi WC STATU- OTH - j 1 AND EMPLOYERS' LIABILITYTIORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE IN � 019736868 ( FL ) 1 02 / 01 / 1 02 / 01 / 13 EL . EACH ACCIDENT I $ 1 , 000 , 000 OFFICER/MEMBER EXCLUDED? ❑ N / A I i - C ( Mandatory In NH) 019736870 ( CT , GA , PA , SC02 / 01 / 131 E L DISEASE - EA EMPLOYE $ 1 , 000 , 000 DI Ryes , de scribe IONuntler 019736869 ( AR , TN , VA ) 02 / 01 / 1 $ I EL DISEASE - POLICY LIMIT $ 1 , 000 , 000 - DESCRIPTION OF OPERATIONS below i 02 / 01 / 13 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES ( Attach ACORD 101 , Additional Remarks Schedule, if more space is required ) Re : Indian River County Bid No . 2012044 , South Country RO Plant Wonderware Software Upgrade Indian River County is included as additional insured ( blanket end ' t ) solely with respect to General and Automobile Liability coverage as evidenced herein as required by written contract with respect to work performed by the named insured . Notice of Cancellation : should any of the above described policies be cancelled before the expiration date thereof , L - 3 Security & Detection Systems would provide ( 30 ) days notice of cancellation to Indian River County . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Office of Management and Budget ACCORDANCE WITH THE POLICY PROVISIONS , 1800 27th Street AUTHORIZED REPRESENTATIVE Vero Beach , FL 32960 USA © 1988-2010 ACORD CORPORATION . All rights reserved . ACORD 25 ( 2010/05) The ACORD name and logo are registered marks of ACORD tanstep 28357189 AGENCY CUSTOMER ID : LOC # : ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Arthur J . Gallagher Risk Management Services , Inc . L - 3 Communications Security & Detection Systems , Inc . c / o L - 3 Communications Corp . POLICYNUMBER 600 Third Avenue CARRIER NAIC CODE New York , NY 10016 EFFECTIVE DATE : ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM , FORM NUMBER : FORM TITLE : WC ( CA ) - NEW HAMPSHIRE INS CO - 019736867 ( CA ) - 02 / 01 / 2012 - 2013 ACORD 101 (2008/01 ) © 2008 ACORD CORPORATION . All rights reserved . The ACORD name and logo are registered marks of ACORD