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Home My WebLink About2013-229A g . t � ot3 • A ;L9A Agreement THIS AGREEMENT made and entered into this 19th day of November 2013 by and between & Y,r,oil Con ii-eAlcan vP 1Trzjrf �c h LLC , hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER . WITNESSED : That whereas , the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below : Article 1 . SCOPE OF WORK As per specifications of advertised and sealed bid in Indian River County Bid # 2014018 — Indian River County Fairgrounds Agricultural Pavilion Metal Roof Replacement; CONTRACTOR, as an inde endent CONTRACTW and not as an employee , shall furnish , for the sum of �i B ( $ �� ,, b50 ) , all of the necessary labor, material , and equipment to erform the work described in accordance with the invitation to bid . Article 2 . TIME OF COMPLETION All work shall be completed in accordance with the Technical Specifications — Scope described in the bid documents gb days from receipt of the Notice to Proceed . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work . The CONTRACTOR shall provide Performance Bonds for all work in this Agreement . All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive; and such determination and decision , in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder . Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction , including appeal , if any, may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR' S Bid Form . Article S . ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed , in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion . The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that the work has been completed to his satisfaction , in compliance with the Contract . The Certificate of Acceptance shall not be issued until completed As-built drawings of the actual construction have been furnished to the OWNER and verified . In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER' S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract . Article 6 . THE CONTRACT DOCUMENTS The entire Invitation to Bid , submitted Bid Documents, and Bonds , together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein . Article 7 . TERM This agreement shall remain valid for one year from execution . 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 . ( Contractor ) ( Owner) Indian River County , Florida %4& ( Name, Title ) Peter D . O' Bryan , BCC Chairm Witnessed by : Approved by BCC November 19 , 2013 Address for givinnotjcesAddress for giving notices g jo 180027 th Street G � Y2 (pd Vero Beach , Florida 32960 Attest : ROVED Jeffrey R . Smith , Clerk of Court and Com tr Iler J ph Tdaird , County Administrator By Depouty Clerk "�Ohtiy` r s t ouficiency B ° Cj r' T: 4z� PA County Attorney ;, •`�(''(y� (,r((wJ •:��:� rs Vo f . N l 6 0 0 o' •..•_COUt1 ••• •