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1 �'5' a MASTER AGREEMENT SEDIMENTATION SYSTEM DREDGING AT THE MAIN RELIEF CANAL POLLUTION CONTROL FACILITY THIS MASTER AGREEMENT made and entered into this day of January 5 120107 by and between EMC, 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 AND PRICE As per the specifications set forth in Indian River County Bid #2010005, CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish all of the necessary labor, material, and equipment to perform the Work described in accordance with the Contract Documents. The lump sum fee for dredging the eastern sediment cell (Cell #1) shall be three thousand four hundred ten dollars and no cents ($3,410.00) per dredging event, for up to four dredging events per year. The lump sum fee for dredging the western sedimentation cell (Cell #2) shall be three thousand four hundred ten dollars and no cents ($3,410.00) per dredging event, for up to four dredging events per year. The lump sum total for dredging each sedimentation cell four times per year shall be twenty-seven thousand two hundred eighty dollars and no cents ($27,280.00). Article 2. GENERAL The CONTRACTOR hereby certifies that he has read every clause of the 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 perform the services specified herein in accordance with the specifications. The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the Work. All work under this Agreement shall be done to the satisfaction of the OWNER. The OWNER shall decide all questions which may arise as to fulfillment of the Agreement 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 Agreement 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 Agreement 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 3. CONTRACT PRICE AND INVOICING PERIOD The OWNER shall pay the CONTRACTOR for all Work in accordance with the Contract price listed in Article 1. The CONTRACTOR shall invoice upon completion of each dredging operation. All payments shall be made in accordance with the Florida Prompt Payment Act, Florida Statutes section 218.70 et seq. 1 FAPublic Works\KeithM\Stormwater Projects\Main Relief Canal\Dredging Sedimentation Basins\Dredging Contract\Master Agreement.doc