HomeMy WebLinkAbout2003-2107 0�
AGREEMENT
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THIS AGREEMENT made and entered into this 19th day of August 2003, • ar o
by and
between ACE ELECTRICAL SERVICES, 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 # 5083
for
CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the
sum of Seventy-two thousand five -hundred and fifty-nine and 74/100's ($72,559.74), all of the
necessary labor, material, and equipment to perform the work described in accordance with the
Contract Documents,
Article 2. TIME OF COMPLETION
Ninety (90) 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 Asbuilt 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 T)ictrirt of Fln,-;.1�
Witnessed by:
r r: fwilliam G. Collins, F1, County Attorney
�P Approved as to Form and Legal Sufficiency
E
County Administrator
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INDIAY RIVER COUNTY, FLORIDA
R. Macht, Chairman
Approved by BCC: August 19, 2003
Attest:
Jeffrey K Barton, Clerk of Circuit Court
Deputy Clerk
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