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AGREEMENT BETWEEN INDIAN RIVER COUNTY AND WELLER POOLS LLC <br />® FOR WORK ON THE COMPETITIVE POOL AT THE NORTH COUNTY AQUATICS CENTER <br />THIS AGREEMENT ("Agreement" or "Contract") is entered into this _ day of August, 2014, by and <br />between Indian River County, a political subdivision of the State of Florida ("OWNER") and Weller <br />Pools, LLC, a Florida limited liability company ("CONTRACTOR"). <br />BACKGROUND RECITALS <br />A. Pursuant to applicable provisions of Florida law, OWNER has selected CONTRACTOR to perform <br />certain work on the Competitive Pool at the North County Aquatics Center, located at 9450 County <br />Road 512 (Fellsmere Rd.), Sebastian, FL. 32958, as more specifically described in the Scope of Work <br />attached hereto as Exhibit "A". <br />B. CONTRACTOR agrees to perform certain work as more specifically described in the Scope of <br />Work attached hereto as Exhibit "A". <br />NOW THEREFORE, OWNER and CONTRACTOR, in consideration of the mutual covenants <br />hereinafter set forth, and intending to be legally bound, agree as follows: <br />ARTICLE 1 WORK <br />1.1. CONTRACTOR as an independent contractor and not as an employee shall furnish all of <br />the necessary labor, material, and equipment to perform the improvements and shall complete the <br />improvements to, including the wellpoint dewatering and ultimate re -filling of, the Competitive Pool at <br />the North County Aquatics Center as specified or indicated in the Scope of Work. <br />ARTICLE 2 CONTRACT TIME <br />2.1. Contract Times. CONTRACTOR shall complete the work set forth in the Scope of Work <br />in accordance with the following timeframe. <br />2.1.1 By November 10, 2014, CONTRACTOR shall obtain all necessary permits for <br />the work described in the Scope of Work. OWNER will be responsible for any <br />cost of obtaining any necessary permits. <br />2.1.2 By November 17, 2014, CONTRACTOR shall <br />a. mobilize all necessary labor, equipment, and materials to perform the work <br />described in the Scope of Work; and <br />b. dewater and drain the Competitive Pool at the North County Aquatics Center. <br />OWNER will be responsible for any cost of draining the water from the <br />Competitive Pool at the North County Aquatics Center. <br />2.1.3 By December 15, 2014, the CONTRACTOR shall complete the tasks identified <br />as items 1 through 12 in the Scope of Work. <br />Completion of all tasks outlined above constitutes Substantial Completion. <br />2.1.4 By December 22, 2014, the CONTRACTOR shall complete the following tasks: <br />• <br />109 <br />