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AGREEMENT U4 Z -S THIS AGREEMENT made and entered into this Z11a day of AL& y , , 20041 by and between THE WATAUGA COMPANY , 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 # 6085 , for West Wabasso Park Pavilions CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of eighty-one thousand, seven-hundred and fifty dollars ($81750 . 00), all of the necessary labor, material, and equipment to perform the work described in accordance with the Contract Documents (Base Bid plus Performance and Payment Bonds plus three concrete picnic tables) . Article 2 . TIME OF COMPLETION Ninety (90) Days from the date of execution of this Agreement. 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. Page 1 of 2