HomeMy WebLinkAbout2007-022 AGREEMENT
This Agreement made and entered into this 5`h day of December , 2006, by
and between L. H. Tanner Construction Corp .
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
Asper specifications of advertised and sealed bid in Indian River County Bid # 2007020 / IRCHD
Gifford Health Center, Paving, Grading, Drainage & Bus Shelter Improvements Contractor, as
an inde endggnt Contra or and not as an employee, s all furnish , for the sum of
Q� IvtrAY2 hlhl Lne - 1DU5oh -Dollars ($ 159,000.00 1 , all of
the necessary labor, materal , and equipment to perform the work described in accordance with the
Contract Documents .
Article 2. Time of Completion
90 Calendar 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 and Payment 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 ay 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 or 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 .
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,
a payment request in the amount of such work shall be prepared by the Contractor, and filed with the
Owner within fifteen ( 15) days after the date of completion.
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It
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.
OWNER: CONTRACTOR:
INDIAN RIVER COUNTY ht lAn-41cr t DYI sLr han (0(p
By: 4 _ By: rj
heeler r—Contractor
BCC pr�va� "ary ;.
BY: (CORPORATE SEAL)
seph A. Baird, County Administrator
Attest
APP OVED AS TO FORM AND, LEGAL
SUFFICIENCY: (If CONTRACTOR is a corporation or a
i partnership, attach evidence of authority to sign . )
By: / '/(
j County Attorney Address for giving notices : q
A300 A- ocadp Aenue,
Jeffrey K. Barton, Clerk of Court F ( Lyj L) rrt e `Y3 S
Attest: cy& a ao License No. C U C l S /l.) a 8
Deputy Clerk (Where applicable)
(SEAL)
Agent for service of process:
Administration roved , Dat Designated Representative:
Budget Name: mV 13rad y
Legal o
Risk Mana ement Title : rO ieC.1� A pr
Communit Deveio mentAddress .
MPo a300 Avocado 6�w .
(b0 � rn c FL 3� Y3S
Phone: .fit ' 0259 - 4-017 9
Facsimile : 3J, 1 - a S9 - Soo6
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