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2020 Annual Labor Contract <br />RFP #12020039 <br />3.15 The CONTRACTOR shall not assignor transfer any work under this Agreement without the <br />prior written consent of the COUNTY. When applicable and upon receipt of such consent from the <br />COUNTY, the CONTRACTOR shall cause the names of the firms responsible for the major portions of each <br />separate specialty of the work to be inserted on the reports or other data. <br />4. TERM OF AGREEMENT. <br />4.1 This Agreement shall remain in effect for a term of two (2) years, unless otherwise sooner <br />terminated as provided herein. The Initial Term may be extended by mutual consent of the parties hereto <br />for a maximum two additional one-year terms. <br />4.2 The time for completion of each Project shall be defined in the Work Authorization. <br />COMPENSATION. <br />5.1 Work Authorizations that are less than $100,000.00 may not require a Public Construction <br />Bond; however, pursuant to The Code of Indian River County, Indian River County as Owner shall make only <br />one payment for the entire amount of the related applicable Work Authorization when the terms of the <br />related applicable Work Authorization have been fulfilled. Upon a determination of satisfactory completion, <br />the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made <br />to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as <br />may be amended from time to time (Section 218.70, Florida Statutes, et seq.). <br />5.2 Progress Payments: The OWNER shall make progress payments to the CONTRACTOR on <br />the basis of the approved partial payment request as recommended by ENGINEER in accordance with the <br />provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The <br />OWNER shall retain ten percent (10%) of the payment amounts due tothe CONTRACTOR until fifty percent <br />(50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to <br />OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to <br />CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under <br />the Contract Documents. Pursuant to Florida Statutes section 218.73S(8)(b), fifty percent (50%) <br />completion means the point at which the County as OWNER has expended fifty percent (50%) of the total <br />cost of the construction services work purchased under the Bid and Specification Documents, together <br />with all costs associated with existing change orders and other additions or modifications to the <br />construction services work provided under the Work Authorization. <br />6. INSURANCE AND INDEMNIFICATION. <br />6.1 The Contractor shall not commence work until they have obtained all the insurance <br />required under this section, and until such insurance has been approved by the County, nor shall the <br />contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance <br />required for a contractor herein and such insurance has been approved unless the subcontractor's work <br />is covered by the protections afforded by the Contractor's insurance. <br />6.2 The Contractor shall procure and maintain worker's compensation insurance to the <br />extent required by law for all their employees to be engaged in work under this contract. In case any <br />employees are to be engaged in hazardous work under this contract and are not protected under the <br />worker's compensation statute, the Contractor shall provide adequate coverage for the protection of such <br />employees. <br />Sample Agreement - Page 5 of 21 <br />