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Home My WebLink About2006-352 AGREEMENT This Agreement made and entered into this 24- day of OG !y, O � 'ti'— 2006 , by and between M asor-t Co r o o r a't'i o.'* 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 # 2006094 for Gifford Park Aquatic Center Pool Slide Re-Bid ; Contractor, as an independent Contractor and not as an employee, shall furnish , for the sum of ((�t 11 -- / o Oo F5% % %/ — Oht ThouS2-nA ahoy N . o Dollars ($ Sio bob f ), all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . 1 .2PAYMENT PROCEDURES 1 .2 . 1 . Progress Payments The Owner shall make progress payments to the Contractor on the basis of the approved partial payment request as recommended by Engineer in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218 .70 et. seq . 1 .2.2. The Owner shall retain ten percent ( 10%) of the payment amounts due to the Contractor until fifty percent (50%) completion of the Work. After fifty percent (50% ) completion of the Work is attained as certified to Owner by Engineer in writing, Owner shall retain five percent (5 % ) of the payment amount due to Contractor until final completion and acceptance of all Work to be performed by Contractor under the Contract Documents . Pursuant to Florida Statutes section 218 .735(8)(b) , fifty percent (50%) completion means the point at which the County as Owner has expended fifty percent (50% ) of the total cost of the construction services Work purchased under the Contract Documents , together with all costs associated with existing change orders and other additions or modifications to the construction services Work provided under the Contract Documents. 1 . 2 . 3 . Pay Requests . Each request for a progress payment shall be submitted on the application for payment form supplied by Owner and the application for payment shall contain the Contractor' s certification . All progress payments will be on the basis of progress of the Work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50% ) completion , and pursuant to Florida Statutes section 218 .735 (8)(d), the Contractor may submit a pay request to the County as Owner for up to one half ( 1 /2) of the retainage held by the County, and the County shall promptly make payment to the Contractor unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 .05(2005) ; or otherwise the subject of a claim or demand by the County or the Contractor. The Contractor acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes section 218 .735 (8)(c)(2005), Contractor further acknowledges and agrees that: 1 ) the County shall receive immediate written notice of all decisions made by Contractor to withhold retainage on any Page 52 of 55 Rev. 7/2006 subcontractor at greater than five percent (5 %) after fifty percent (50%) completion ; and 2) Contractor will not seek release from the County of the withheld retainage until the final pay request. 1 .2.4 . Paragraphs 1 .2 .2 and 1 . 2. 3 do not apply to construction services Work purchased by the County as Owner which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . 1 .2. 5 . In accordance with the provisions of Florida Statutes section 208 .735 (7)(a)(2005), upon receipt of the draft certificate of substantial completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk-through of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion . The Owner and Contractor acknowledge and agree that: 1 ) the failure to include any corrective work or pending items not yet completed on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3 ) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner' s satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project. Article 2. Time of Completion 30 Calendar 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 and Payment 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 ay 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 or 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 . Page 53 of 55 Rev. 7/2006 s 1 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 5 . 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 ( 15) 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 General Conditions, Special Conditions , Specifications, Bid Documents , Insurance Requirements (Exhibit A), Bonds , and the Drawings , together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein . Article 7 . 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) (insert full name) (Owner) Indian- River County, Florida Ma.SOh Corort Indian River County, Florida Contractor 4y ,-, e . i President Gwnee- er' , BCCChairman Witnessed by:—�( 1�/Lf � , � �f�r.C. Approvea$yr BCC 0 K Attest: APPROVED Jeffrey K B artor" .*Wler/k �of Circuit Court By: a pit/ ,, b�• J s ph A. ' rd, County Admini rator Deputy Clerk Apprd as to Forma gal Sufficiency ,ol i / County Attorney Page 54 of 55 Rev. 712006