HomeMy WebLinkAbout2003-144 JSECTION 18000
AGREEMENT
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THIS AGREEMENT made and entered into this 24th day of June , 20 031 by
and between General Physics Corporation , 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 # 5043 / Installation
of a Hydropneumatic Tank at the South County WWTF
CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of
Sixty Two Thousand Three Hundred Fifty & 00/dollars ($ 62 , 350 . 00) , all of the necessary labor,
material , and equipment to perform the work described in accordance with the Contract Documents ,
Article 2 . TIME OF COMPLETION
120 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 prcvide 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
District of Florida.
(CONTRACTOR) (OWNER)
General Physics Corporation ZINDIRIVER TY, FLORIDA
Contractor
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4President BCC Chairman Kennet R . Macht
Witnessed by: � t� 1 `� imp 1 `.�► /
Approved by BCC June 24 , 2003
Approved for form and legal sufficiency Attest :
Je K Barton, Clerk o ircuit Court
B
County Attorney Deputy Clerk
Approved
f
/)'James E Chandler,
County Administrator END OF SECTION