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HomeMy WebLinkAbout2000 Murray Logan Elkcam Waterway Control ReplacementCITY OF SEBASTIAN CERTIFICATE OF COMPLETION DATE ACCEPTED: CONTRACTOR: CONTRACT NAME: co muCT Nm E : FINAL COST:~o Pursuant to the above captioned contract and in compliance of same, we the undersigned do hereby certify that this project is complete. Issuance of this certificate releases the contractor from any further responsibility except as stipulated in the contract as it relates to bond performance, payment of subcontractors, maintenance, and indemnity. All contractual obligations as to warranty, insurance, indemnification and patents, shall ~nain in full cq~ect for the contractually stipulated period of time. In no way does the issuing of this certhqcate release the Contractor from all legal obligations as stipulated in Chapter 713 of the Florida Statutes. Therefore, having reviewed the contract and inspected the work the undersigned do hereby accept the work. Date ~ -1.~oo~ Date "'---- ^ pla WmC~aT 1 1.6 1.11.1. 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. 1.11.1. Form ofA~reement (Cont'd) Article 8: PAYMENT & PERFORMANCE BOND: The Contractor shall furnish the City immediately upon acceptance of the Bid, and prior to any obligation of the City to execute this Contract or to issue the Notice to Proceed, a Payment Bond in the penal sum of the contract amount, with good and sufficient sureties, conditioned upon the performance of this Contract by the Contractor in accordance with the terms and conditions hereof, within the time herein provided, and with the additional obligation that such Contractor shall promptly make payment to all persons supplying him labor, materials and supplies, used directly or indirectly by the said Contractor in the prosecution of the work provided for in this Contract. For any Contract not exceeding $100,000.00, the City may, waive the requirements for a Performance Bond as required in this paragraph, and substitute in lieu thereof another suitable form of surety. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. Signed Co rE and sealed by the ~ :tor in the presence~ of: (Seal) Si~ned and sealed by the Owner in the presence of: CITY OF S~EBAST~er) "--~Terre~M~ore,'City Manager City of Sebastian Noted and Approved Attest: ~----., / : . (Seal) ' '-~1~ O'(dall~r'ah, ~ity Clerk 'q~ 7"'q ~//~J ~. ~ (Seat)