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Home My WebLink About2009-129 0 q _ 4:Q9 Board ~'`LCJRiLr'` Board of County Commissioners Engineering Division - Building A 1801 27th Street Vero Beach , Florida 32960 Telephone : ( 772 ) 226 - 1283 FAX : ( 772 ) 778 - 9391 Project : Indian River County Contract # 2009021 Sidewalk / Sod WORK ORDER NO . 2 & AGREEMENT for The Fountains at Amber Lakes Subdivision This Agreement made and entered into this 12th day of May 2009 , by and between H & D Construction Co . , Inc . , hereinafter called Contractor and Indian River County herein called Owner . Whereas the Contractor, under this contract with the Owner, agrees to complete the project as set forth below : Article 1 . 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 as specified herein in accordance with the plans and specifications . The Owner and Contractor agree to maintain records , provide invoices and make payments for the work . The Contractor is not required to provide Performance and Payment Bonds for the work performed in this Agreement . All requirements of Section 7 of the Special Instructions to bidders in the Bid #2009021 , regarding insurance must be met prior to any issuance of the Notice to Proceed . All work under this Contract shall be completed to the satisfaction of the Owner, who shall in all cases provide inspection of the work and materials which are to be paid for hereunder . Owner shall resolve 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 . The General Conditions , Special Conditions , Specifications , Bid Documents , Insurance Requirements , together with this Agreement , form the content of Work Order #2 to the Contract, and are fully a part of the Contract as if included herein . Contractor initial C : \Documents and Settings\Selina \Local Settings\Temporary Internet F iles\Conte nt . 0 utlook\IWA4YXWA\Fo u nta ins at Amber Lakes WO #2 Sidewalk -Sod Agreement 4-27 -09 . doc Contract #2009021 Work Order #2 & Agreement 2 April 27 , 2009 Article 2 . Scope of Work As per work and specifications of advertised and sealed bid in Indian River County Sidewalk/Sod Bid # 2009021 , Contractor, as an independent Contractor and not as an employee , shall furnish , all necessary labor, material , and equipment to complete the sidewalks and stabilization in accordance with the bid unit prices and more specifically outlined in Article 4 . The project limit is the Fountains at Amber Lakes Subdivision as shown on Plan Sheet C - 6 of a plan prepared by Carter Associates , Inc . dated April 30 , 2004 . Article 3 . Time of Completion This work order shall be completed within sixty ( 60) days from the Notice to Proceed issued by the Owner . Article 4 . Quantities and Prices The Owner shall pay the Contractor for all work included and completed in accordance with this Contract, based on an estimate of the items of work set forth in this work order and specifically outlined below . Actually payment shall be based on installed quantities at the stated unit prices . ITEM # ITEM COST PER UNIT UNITS TOTAL COST IB Conc . Sidewalk 4 " Thick $ 23 . 00/S . Y . 4730/S . Y $ 108 , 790 . 00 3B SOD ( Bahia ) _ $ 1 , 55/S . Y . 4730/S . Y . $ 71331 . 50 5 Detectable Warning $ 200 . 00/EA . 2/ EA . $ 400 . 00 Force Account $ 10 , 000 . 00 L , S , $ 10 , 000 . 00 TOTAL ESTIMATED COST $ 126 , 521 . 50 Article 5 . Acceptance and Final Payment Upon final inspection and acceptance by the Owner, the Contractor may submit for final payment . When the work provided for under this contract has been completed, in accordance with the terms thereof, a final payment request in the amount of outstanding payment for work in full shall be prepared by the Contractor, and filed with the Owner within fifteen ( 15 ) days after the date of completion . In accordance with the Local Government Prompt Payment Act , 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 , Bonds , together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein . Contractor Initial C : ADocuments and Settings\SelinaTocal Settings\Temporary Internet Files \ContentOutlook\ IWA4YXWA\ Fountains at Amber Lakes WO # 2 Sidewalk - Sod Agreement 4 -27 -09 . doc Contract #2009021 Work Order #2 & Agreement 3 April 27 , 2009 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 Initial C \Documents and Settings\Selina\ Local SettingsVTemporary Internet t= iles\Content. Outlook\ IWA4YXWA\FoLIntalnS at Amber Lakes WO # 2 Sidewalk -Sod Agreement 4 -27 -09 . doc Contract 42009021 Work Order 92 & Agreement 4 April 27 , 2009 OWNER H & D CONSTRUCTION CO . , INC . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA (Signature (Signature) / VtWesiey S . Davis , Chairman � C � 1 � � < I ) � l7 tACc/ ✓r^P. staE (Printed name and title) rJ . Approved by BCC May 12 , 2009 Witnessed by . ATTEST . Jeffrey K . Barton , Clerk of Circuit Court I } erl 17 eputy Clerk (Printed name) Approved as to Form and Legal Sufficiency : ez r William G . Collins I , COUNTY Attorney (Printed name) y rY seph A Baird , CO TY Administrator I t C : ADocuments and Settings\SelinaALocal SettingsVI' mporary Internet Files\Contenl. 0utlook\IWA4YXWA\Fountains at Amber Lakes WO # 2 Sidewalk- Sod Agreement 4 -27 -09 . doc