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ORIGINAL, AGREEMENT 'o� lA 9 THIS AGREEMENT made and entered into this 14th day of October 20 03 , by and between American Engineering Services Inc , 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 # 6022 / South County Reverse Osmosis Treatment Plant Membrane Replacement Project ; CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of One Hundred Fifty Thousand Two Hundred Thirty Three Dollars and 00/00 ($ 150,233 . 00), all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . Article 2 . TIME OF COMPLETION 30 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 CONTRAC. TOR, 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 . F:\Purchasing\Bids\2003-2004 FY (6000)\6022 SC Wtr Pit Vessel Replacement\6022 Agenda w Contract.doc