HomeMy WebLinkAbout2012-204B � � J131 � a
AGREEMENT $
THIS AGREEMENT made and entered into this 19 ' day of oyQw� uer
2011 , by and between TC ENTERPRISE OF THE TREASURE COAST, INC . ,
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 # 2013010 ;
CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for
the sum of Thirty Eight Thousand Nine Hundred Twenty Two Dollars ($ 38 , 922 . 00) , 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 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.
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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.
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
President eph . Flescher, BCC Chairman
Witnessed by : Ef' i N S,4wyE-Q Approved by BCC 11- 13-12
Attest .
APPROVED Jeffrey R. Smith, Clerk of Court and
•" OMMI8Cpm tr 11 r
seph Baird, County Administrator ; �oJr '• d Deputy Clerk
pp&etoZF an of iciency *r
s
B
County Attorney