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AGREEMENT <br /> This Agreement made and entered into this 5`h day of December , 2006, by <br /> and between L. H. Tanner Construction Corp . <br /> hereinafter called the Contractor and Indian River County herein called the Owner. <br /> Witnessed: That whereas , the Owner and the Contractor for the consideration hereinafter named, agree as <br /> set forth below : <br /> Article 1. Scope of Work <br /> Asper specifications of advertised and sealed bid in Indian River County Bid # 2007020 / IRCHD <br /> Gifford Health Center, Paving, Grading, Drainage & Bus Shelter Improvements Contractor, as <br /> an inde endggnt Contra or and not as an employee, s all furnish , for the sum of <br /> Q� IvtrAY2 hlhl Lne - 1DU5oh -Dollars ($ 159,000.00 1 , all of <br /> the necessary labor, materal , and equipment to perform the work described in accordance with the <br /> Contract Documents . <br /> Article 2. Time of Completion <br /> 90 Calendar Days from receipt of the Notice to Proceed. <br /> Article 3. General <br /> The Contractor hereby certifies that he has read every clause of the Contract Documents and that he has <br /> made such examination of the location of the proposed work as is necessary to understand fully the nature <br /> of the obligation herein made ; and shall complete the same the time limit specified herein in accordance <br /> with the plans and specifications . <br /> The Owner and Contractor agree to maintain records , invoices, and payments for the work. The <br /> Contractor shall provide Performance and Payment Bonds for all work in this Agreement. <br /> All work under this Contract shall be done to the satisfaction of the Owner, who shall in all cases <br /> determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which <br /> are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the <br /> Contract on the part of the Contractor, and his decision thereon shall be final and conclusive ; and such <br /> determination and decision , in case ay question shall arise, shall be a condition precedent to the right of <br /> the Contractor to receive any money hereunder. <br /> Any clause or section of this contract or specification which may for any reason be declared invalid by a <br /> court or competent jurisdiction , including appeal , if any, may be eliminated therefrom; and the intent of <br /> this Contract and the remaining portion thereof will remain in full force and effect as though such invalid <br /> clause or section has not been incorporated therein . <br /> Article 4. Quantities and Prices <br /> The Owner shall pay the Contractor for all work included and completed in accordance with this Contract, <br /> based on the items of work set forth in the Contractor' s Bid Form. <br /> Article 5. Acceptance and Final Payment <br /> When the work provided for under this contract has been completed, in accordance with the terms thereof, <br /> a payment request in the amount of such work shall be prepared by the Contractor, and filed with the <br /> Owner within fifteen ( 15) days after the date of completion. <br /> Page 36 of 48 <br />