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Home My WebLink About2000-16740 i AGREEMENT INDIAN RIVER COUNTY, FLORIDA IMPROVEMENTS TO: SOUTH COUNTY PARK, PHASE IT IRC PROJECT NO. 9624 THIS AGREEMENT made and entered into on the _5th _day of -J-U e . 2000, by and between BART T CONSTR 1 .TIOjy,1n. (Name) 1717 INDIAN RIVER BOI]LEVAIW SD=02A, VPRO IIEACII.ELSI DA 3296111 (Address) herein after called the Contractor, and INDIAN RIVER COUN'T'Y, a Political Subdivision of the State of Florida organized and existing under the Laws of the Stale of Florida, hereinafter called file County. WITS 7ESSED: That file Contractor and the County, for the consideration hereinafter named, agree as follows: Article 1. SCOPE OF WORK. The Contractor shall furnish all of die materials and Perform all the work shown on the Drawings and described in the Specifications entitled IMPROVEMENTS TO: SOUTH COUNTY PARK IMPROVEMENTS, PHASE 11 for Indian River County, Florida and shall do everything required by this Agreement and Contract Documents. Payment shall be made in accordance Willi the Itemized Bid Schedule attached as Exhibit "A" and made a part of this agreement. Article 2. COMMENCEMENT AND COMPLETION & LIQUIDATED DAMAGES: As time is of the essence, the Contractor will be required to commence work under this contract wilhin twenty (20) calendar days after receipt of the notice -to -proceed and shall complete the project within ,ISO days- as specified in the General Conditions, Paragraph 10. The Contractor agrees to reimburse Indian River County, Florida for liquidated claniages for each calendar clay elapsing between the date herein specified as the day of full completion and the actual day of such completion ofthe Contract work the amount of 14Vi} 111t_ I)RED FIFTY (S_25510,0_) Per calendar day. Not to exceed the total amount ofthe contract. Article 3. THE CONTRACT SUM: The County will pay the Contractor for Performance of the Comiacl, subject to additions and deductions provided therein, in current finds as follows: Numerical Amount JMJJJZ= K411 MCI MIDI WIDLIA1 i k i► I ti F F a t :► F 9 Article 4. PAYMENT & RETAINAGE: Progress payments on the Contract amount for life value of work completed and component material on site will be oracle upon request at not less than monthly intervals. 71c request must be made through the Engineer off an approved estimate showing the component breakdown of the work totaling, lire awarded Contract price and the aniount of work for each item completed at the time of [hc request. Except as may be modified herein, ten percent (10%) of all amounts carried will be retained by the County until final complctinn and acceptance of the Contract. A-1 F-3 4D 40 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 tine work is ready for final inspection and acceptance, the County Public Narks director will promptly make such inspection and when he finds the work acceptable under lire terms of the Contract and the Contract fully performed, he will promptly issue a final certificale, over his own signature, staling that the work provided for in this Contract has been compleled, and acceptance by him tinder the terns 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 slating that all indebtedness connected with (lie 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 notarized 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 tate request for final payment. The making ,in(] acceptance of the final payment shall constitute a waiver of all claims by the County, other than those arising from unsettled liens, front faulty work. appearing after final payment or from requirements of the Specifications and of all claims by lite Contractor, except those previously made and still unsettled. T Article 6. INDEMNIFICATION: Subject to the monetary limitations in Paragraph 11, 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 controctor, 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 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 with good and sufficient sureties, conditioned upon the performance of this Contract by the Contractor in accordance with the terns and conditions hereof, within lire lime herein provided, and with the additional obligation that suet Contractor shall promptly stake 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 provide two separate bonds, a combined Payment and performance Bond for 125°% of the contract price is not an acceptable substitute. Int lieu of the Bonds, the Contractor may furnish an alternative forma 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 11 of F.S. Chapter 625, Any such alternative form of security shall be for the same purpose, and be for the same amount and subject mcg Ilse sante conditions as those applicable to lite bond otherwise required. FAW) s 4w CI IN WETNESS WHEREOF, the parties Hereto have executed this agreement the clay and year first written above. BARTH CONSTRUCTION, INC, Seal Name and Title - �`.G INDIAN RIVER COUNTY, FLORIDA Seal Fran B. Adams, Chairman Aplarovedby BCC dune 6, 2000 Attest: Jeffrey K. Barton, Clerk of Circuit Court County Attorney Deputy Clerk l Approved as to Fanta and Legal Sufficiency rues E. Chandler, ounty Administrator 6idlan !liver County A p u•avrd flat Adminlslrntiun / 13ud tri Legal ]] Mb Risk Manu pemrns I'm bllclvorks C 2fa O Ln glnerrin g A- 3