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MASTER AGREEMENT - 4-23-2013 <br /> MASTER AGREEMENT FOR SEDIMENT REMOVAL AT THE PC MAIN <br /> POLLUTION CONTROL FACILITY <br /> THIS AGREEMENT made and entered into this2j day of April . 2013 . by and between <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 /> As per the specifications set forth in Indian River County Bid #2013023, CONTRACTOR, as an independent <br /> CONTRACTOR and not as an employee, shall furnish all of the necessary labor, material, and equipment <br /> to <br /> perform the Work described in accordance with the Contract Documents. The lump sum fee for a onetime <br /> cleaning of the treatment channel shall be seven thousand five hundred dollars and no cents ($7, S00.00) . The <br /> lump sum fee for cleaning Sedimentation Cells #1 and #2 shall be seven thousand one hundred dollars and no <br /> cents ($7, 100.00) per cleaning event (where one cleaning event includes cleaning both sedimentation cells), for <br /> up to four cleaning events during the contract period . The total lump sum for cleaning both sedimentation cells <br /> four times each during the contract period shall be twenty-eight thousand four hundred dollars and no cents <br /> ($281400.00) . <br /> Article 2. 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 of <br /> the . obligation herein made, and shall perform the services specified herein in accordance with the <br /> specifications . <br /> The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the Work. <br /> All work under this Contract shall be done to the satisfaction of the OWNER . The OWNER shall decide all <br /> questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision <br /> thereon shall be final and conclusive; and such determination and decision, in case any question shall arise, shall <br /> be a condition precedent to the right of 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 court of <br /> competent jurisdiction, including appeal, If any, may be eliminated therefrom; and the intent of this Contract <br /> and the remaining portion thereof will remain in full force and effect as though such invalid clause or "section has <br /> not been incorporated therein . <br /> Atricle 3. DEFINITIONS <br /> A. Sediment Cel Cleaning: Cleaning a sediment cell encompasses removing all material captured by the <br /> sediment cell, whether removal is by dredging, clamshell, or any other means. Material to be removed <br /> is not limited to sediment such as sand, mud, silt, and similar dredgable materials, but also includes and <br /> is not limited to rocks, boulders, trash, vegetation, furniture, and all other types of trash and debris of all <br /> kinds, shapes, and sizes that may be captured by the sediment cell. The sediment cells may contain <br /> captured debris of any type or size . <br /> 1 <br /> c..\documents and settings\mmclaughlin\local settings\temporary Internet Nes\content.outlook\24o26lx8\agreement - 423-2013.doc <br />