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HomeMy WebLinkAbout1999 Agreement1.11.1. Form of A~reement FORM OF AGREEMENT CITY OF SEBASTIAN REPLACEMENT OF ELKCAM WATERWAY CONTROL STRUCTURE CITY OF SEBASTIAN, FLORIDA THIS AGREEMENT made and entered into on the Is~- day of ~)[c, , 19 off , by and between: (name)~.~aa~.~,u~x~ (address)~x~ ~'r~. ~;,w~¢~,_~,~c ~-~ hereinafter called the Contractor, and C~[TY OF SEBASTIAN, a Political Subdivisior/of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter called the City. WITNESSETH: That the Contractor and the City, for the consideration hereinafter named, agree as follows: Article 1': SCOPE OF THE WORK: The Contractor shall furnish all of the materials and perform all the work shown on the Drawings and described in the Specifications entitled REPLACEMENT OF ELKCAM WATERWAY CONTROL STRUCTURE for the City of Sebastian, Florida and shall do everything required by this Agreement and Conlract Documents.' Article 2: COMMENCEMENT AND COMPLETION: The Contractor will be required to commence work under this Contract as stipulated in the Notice to Proceed and shall complete the project within One Hundred Twenty, (120) calendar days as specified in the Bidding and General Requirements. The Contractor agrees to reimburse OWNER, as liquidated damages for each calendar day elapsing between the date herein specified as the day of full completion and the actual day of such completion of the contract work the amount of Four Hundred Fifty Dollars ($450.00) per calendar day. Time is of the essence. Article 3i THE CONTRACT SUM: The City will Pay the Contractor for performance of the Contract, subject to additions and deductions provided therein, in current funds as follows: .Numerical Amount: ~qT~ooo- 1.1 I. 1. Form of Agreement (Cont'd) Article 4: PROGRESS PAYMENTS: The City w/II make part/al payment during the progress of the work as approved by City of Sebastian and the Engineer. Art/cle 5: ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the City Eng/neer will promptly make such inspection and when he finds the work acceptable under the terms of the Contract and finds the Contract fully performed, he w/Il promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed, and acceptance by him under the terms and the conditions thereof is recommended and the entire balance found to be due the Contractor will be paid to the Contractor by the City of Sebastian following City approval of the final Contract payment Before issuance of final certificate, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, mater/al bills, and other indebtedness connected with the work have been Paid. An affidavit must be submitted by the Contractor to the Eng/neer stating that ail indebtedness connected with the 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 at-tested by two witnesses. A Waiver-of-Lien form signed by a duly authorized officer of ~he subcontracting firm, notarized and attested by two witnesses is requ/red from each Subcontractor engaged under the scope of this Conuact, and must accompany the request for final payment. The mak/ng and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from unsettled liens, from faulty work appearing after final payment or from requirements of the Specifications and of all claims by the Contractor, except those previously made and still unsettled. Art/cle 6: THE CONTRACT 17OCUMENTS: Advertisement for B/ds, Addendum as Required, Bidding and General Requ/rements, Bid Proposal, Questionnaire, Form of Agreement, Final Payment-Contractor,' Affidavit, Final Pay Request, Payment & Performance Bond, Technical Specificat/ons, and the Drawings, form the Contract and they are as fully a part of this Contract as if the same were hereto attached or herein repeated. . Article 7: LIABILITY INSURANCE: The Contractor, on his part, agrees to protect, indemnify, save harmless and ensure the CitY of Sebastian and Masteller & Moler, Inc. from any I/ability to any persons for injur/es to the person, including loss of life, or damage to property, resulting from the acts or omissions of the Contractor, or any subcontractor, or the officers, employees or agents thereof, in performing his obligations under this Contract The parties expressly reco~ize that the relationship between the City of Sebastian and Contractor is that of independent contractors, 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 City of Sebastian.