2003-142 - Laserfiche WebLink

Home Browse Search

Article 4 . QUANTITIES AND PRICES The OWNER shall pay the ENGINEER monthly progress payments for all work included and completed in accordance with this contract. The ENGINEER shall provide a description of work completed with each pay request . Reimbursable expenses (actual cost) may be billed with each pay request . Article 5 . ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the terms thereof, the final payment request shall be accompanied by a Certificate of Acceptance issued by the Superintendent of Buildings and Grounds, stating that the work has been completed to his satisfaction, in compliance with the Contract. In accordance with the Florida Prompt Payment Act, after receipt of the Superintendent of Buildings and Grounds final acceptance by the OWNER, the OWNER shall make payment to the ENGINEER in the full amount . PAYMENT of the lump sum amount and acceptance of such payment by the ENGINEER shall release the OWNER from all claims or liabilities to the ENGINEER in connection with this Contract . Article 6 . THE CONTRACT DOCUMENTS In addition to this agreement the following shall be considered as if attached : RFQ #5022 and all documents submitted with said RFQ . Article 7 . ENTIRE CONTRACT This agreement and all documents incorporated by reference embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby . No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties. Article 8 . VENUE This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River county, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. Article 9 . INDEMNIFICATION ENGINEER hereby agrees to indemnify, and hold harmless, the COUNTY, and the COUNTY' S officers, employees and agents, from and against any and all claims from liabilities, damages, losses, costs, third party claims, judgements, and expense to persons or property, including reasonable attorneys fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of ENGINEER, or of ENGINEER' S officers, employees, or agents, and ENGINEER shall indemnify the COUNTY against any such claims and any such judgement that may be entered in connection therewith, including reasonable attorney' s fees.