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Home My WebLink About1999-338/l AGREEMENT 99.33a INDIAN RIVER COUNTY, FLORIDA ROUND ISLAND OCEANFRONT PARK COUNTY PROJECT NO. 9622 THIS AGREEMENT made and entered into on the 31 day of December ,1999. by and between summit ConstructiQD ManagernaniNa ., 1940 99" Avenue. Suitfi Q VOM Beach '1011011 ' "no (Address) herein after called the Contractor, and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter called the County. WITNESSED: That the Contractor and the County, for the consideration hereinafter named, agree as follows: Article 1. SCOPE OF WORK: The Contractor shall fumish all of the materials and perform all the work shown on the Drawings and described in the Specifications entitled: ROUND ISLAND OCEANFRONT PARK COUNTY PROJECT NO. 9622 for Indian River County, Florida and shall do everything required by this Agreement and Contract Documents. Payment shall be made in accordance with the Itemized Bid Schedule attached as Exhibit "A" and made a part of this agreement. Article 2. COMMENCEMENT AND COMPLETION & DAMAGES: As time is of the essence, the Contractor will be required to commence work under this contract within twenty(20) calendar days after receipt of the notice -to -proceed and shall complete the project within one hundred and eighty (180) calendar days. The time stated for completion shall include final clean-up of the premises. The Contractor agrees to reimburse Indian River County, Florida liquidated damages for each calendar day elapsing between the date herein specified as the day of full completion and the actual day of such completion of the Contract work the amount of one hundred dollars ($100) per calendar day. Not to exceed the total amount of the contract. Work on SR AIA shall not commence until April 24, 2000. Article 3. THE CONTRACT SUM: The County will pay the Contractor for performance of the Contract, subject to additions and deductions provided therein, in current funds as follows: Numerical Amount 4a3108441 Written Amount Fight Hundred Thirty_ -One Thousand ighty_Four Dollars and Fortv-O AGREEMENT A-1 Article 4. PAYMENT & RETAINAGE: Progress payments on the Contract amount for the value of work completed and component material on site will be made upon request f at not less than monthly intervals. The request must be made through the Engineer on an approved estimate showing the component breakdown of the work totaling the awarded Contract price and the amount of work for each item completed at the time of the request. Ten percent (10%) of all amounts earned will be retained by the County until final completion and acceptance of the Contract. Contractor shall allow adequate processing time for County Commission final acceptance and approval for final payment. Article 5. ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the County Public Works Director will promptly make such Inspection and when he finds the work acceptable under the terms of the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed, and acceptance by him under the terms and the conditions thereof is recommended and the entire balance found to be due the Contractor, will be paid to the Contractor by the County following County Commission approval of the final Contract payment. Before issuance of a final certificate, the contractor shall submit evidence satisfactory to the County Public Works Director that all payrolls, material bills, and other indebtedness connected with the work have been paid. An affidavit must be submitted by the Contractor to the County Public Works Director stating that all indebtedness connected with the work has been paid. Such affidavit will be signed by a duly authorized officer of the contracting firm, will bear the firm's seal, and will be notadzed and attested by two witnesses. A Waiver -of -Lien form signed by a duly authorized officer of the subcontracting firm, notarized and attested by two witnesses is required from each Subcontractor engaged under the scope of this Contract, and must accompany the request for final payment. The making and acceptance of the final payment shall constitute a waiver of all claims by the County, other than those arising from unsettled liens, from faulty work appearing after final payment or from requirements of the Specifications and of all claims by the Contractor, except those previously made and still unsettled. Article 6. INDEMNIFICATION: Subject to the monetary limitations in Article 5.3, of the General Conditions, the Contractor, upon his part, agrees to protect, indemnify, save harmless, and insure the County from any liability to any persons for injuries to the person, including loss of life, or damage to property, resulting from the acts or omissions of the Contractor in performing his obligations under this Contract, The parties expressly recognize that the relationship between the County and Contractor is that of owner and independent contractor, and that neither the Contractor nor any of his servants, agents, or employees shall ever be considered to be an agent, servant or employee of the County. Article 7. PUBLIC CONSTRUCTION PAYMENT BOND AND PERFORMANCE BOND: The Contractor shall furnish the County immediately upon execution of this Contract, a Performance Bond In an amount equal to 125% of the Contract price and a Payment Bond in an amount equal to 100% of the Contract price with good and sufficient sureties, conditioned upon the performance of this Contract by the Contractor in accordance with the terms and conditions hereof, within the AGREEMENT A-2 time herein provided and with the additional obligation that such Contractor shall promptly make payments to all persons supplying him labor, materials and supplies, used directly or indirectly by the said Contractor in the prosecution of the work provided for in this contract. The Contractor shall record the Payment and Performance Bond with the Public ed at 2000 W Records h, Florida, 32960InThe rendian corded bonds will bever Courthouse forwarded to the vPurchasing Beach, Division within a week. The Contractor shall provide two separate bonds, a combined Payment and Performance Bond for 125% of the contract price is not an acceptable substitute. In lieu of the Public Construction Bond, the Contractor may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 635. Any such alternaive amount andt tsubjec t the sa escoof nditions be tas those h ame appl c ble to the urpose, and be fb bor ond other- wise required. Performance and Payment Bonds may be waived by the County if the total contract is below $50,000. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. (Contractor) Signed and sealed by the Contractor in the presence of: al) IN IVERC TY, �i' D IN TY (test annelh R. M cht, ChairmanJeffre B don, Clerk Dated: December 21 , 1999 ' DEPARTMENT APPROVAL VATF. AJnnniRnuon r 9 5 Md, g.l6 k L.'M �rpp� R�.k Mo�oP.�am I'All Woks f hpiYl Pml�=�= `rel y C441 AGREEMENT A-3