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i <br /> AGREEMENT <br /> THIS AGREEMENT made and entered into this day of , 2013 , } <br /> by and between hereinafter called the <br /> CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER . <br /> WITNESSED : That whereas , the OWNER and the CONTRACTOR for the consideration hereinafter <br /> named agree as set forth below : <br /> Article 1 . SCOPE OF WORK <br /> As per specifications of advertised and sealed bid in Indian River County Bid # 2011040 for <br /> Indian River County Disaster Debris removal and Disposal Contract: <br /> OWNER desires to purchase certain goods and services as more specifically set forth in Exhibit B <br /> attached hereto and made a part hereof from Contractor on the terms and conditions set forth <br /> herein , and at the unit prices set forth in the Bid Form attached hereto and made a part hereof. This <br /> Agreement constitutes a binding Contract when signed by the OWNER and accepted by the <br /> CONTRACTOR , either by execution of this AGREEMENT , or by commencement or rendering of <br /> services without reservations . <br /> Article 2 . NOTICE TO PROCEED <br /> The CONTRACTOR shall not commence work until it receives a written Notice to Proceed from the <br /> OWNER . The CONTRACTOR shall commence work within the time frames established in Exhibit B <br /> for the type of service or project requested after receiving the Notice to Proceed unless the Notice to <br /> Proceed indicates otherwise . <br /> Article 3 . GENERAL <br /> The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and <br /> that he has made such examination of the location of the proposed work as is necessary to <br /> understand fully the nature of the obligation herein made ; and shall complete the same the time limit <br /> specified herein in accordance with the plans and specifications . <br /> The OWNER and CONTRACTOR agree to maintain records , invoices , and payments for the work . <br /> The CONTRACTOR shall provide Performance Bonds for all work in this Agreement . <br /> All work under this Contract shall be done to the satisfaction of the OWNER , who shall in all cases <br /> determine the amount , quality , fitness , and acceptability of the several kinds of work and materials <br /> which are to be paid for hereunder , and shall decide all questions which may arise as to fulfillment of <br /> the Contract on the part of the CONTRACTOR , and his decision thereon shall be final and <br /> conclusive ; and such determination and decision , in case any question shall arise , shall be a <br /> 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 <br /> by a court of competent jurisdiction , including appeal , if any , may be eliminated therefrom ; and the <br /> intent of this Contract and the remaining portion thereof will remain in full force and effect as though <br /> such invalid clause or section has not been incorporated therein . <br /> Article 4 . QUANTITIES AND PRICES <br /> The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this <br /> Contract , based on the items of work set forth in the CONTRACTOR ' S Bid Form , <br /> Page 23 of 30 <br /> C :\Documents and Settings\jhyde\Local Setting s\Tempora ry Internet Files\Content.0utlook\2UOPECNZ\Omni -Debris Removal Bid Doc <br /> 06- 11 - 13 .doc <br /> s <br />