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AGREEMENT FOR LANDFILL GAS FLARE STATION <br />THIS AGREEMENT is by and between INDIAN RIVER COUN'T'Y, a Political Subdivision of the <br />State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called <br />OWNER) and SCS Field Services (hereinafter called CONTRACTOR). OWNER and <br />CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: <br />ARTICLE 1 — WORK AND PROJECT <br />CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The <br />Work is generally described as follows: <br />Fabrication, delivery, and installation of landfill gas blower skid and piping at the <br />Indian River County Landfill, located at 1325 741}1 Ave SW, Vero Beach, FL 32968, in <br />accordance with the plans and specifications developed by Biogas Engineering. <br />ARTICLE 2 — TERM <br />The term of the agreement shall be one year. Receipt of a fully executed copy of this agreement <br />by electronic means shall serve as notice to proceed. The Work will be completed and ready for <br />final payment on or before the 190th day after the Contract Times commence to run. <br />ARTICLE.,i - CONTRACT PRICE <br />3.01 OWNER shall pay CONTRACTOR at milestones established in Exhibit 1, with sufficient <br />evidence that materials have been ordered and work is progressing. <br />3.02 Any modification to Contract Price will be mutually agreed to in writing using the Change <br />Order form. <br />ARTICLE 4 - PAYMENT PROCEDURES <br />4.01 Progress Payments. <br />The OWNER shall make progress payments to the CONTRACTOR on the basis of the <br />approved Contractor's Application for Payment as recommended by ENGINEER in <br />accordance with the provisions of the Local Government Prompt Payment Act, <br />Florida Statutes section 218.7o et. seq. <br />4.02 Pay Requests. <br />A. Each request for a progress payment shall contain the CONTRACTOR'S <br />certification as well as order confirmations provided for materials ordered. <br />4.03 Acceptance of Final Payment as Release. <br />A. The acceptance by the CONTRACTOR of final payment shall be and shall operate <br />as a release to the OWNER from all claims and all liability to the CONTRACTOR <br />other than claims in stated amounts as may be specifically excepted by the <br />CONTRACTOR for all things done or furnished in connection with the work under <br />this Agreement and for every act and neglect of the OWNER and others relating to <br />or arising out of the work. Any payment, however, final or otherwise, shall not <br />