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AGREEMENT THIS AGREEMENT made and entered into this lLA+lwtday of _C-.C 'oy , _, 20105 b and between SVnagro South LLC , hereinafter ailed the Y 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 as advertised and included in Indian River County Bid # 2010029 for : Bid for Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling . Article 2 . NOTICE TO PROCEED The CONTRACTOR shall not commence work until it receives a written Notice to Proceed from the OWNER. The CONTRACTOR shall commence work within the time frames established for the type of service or project requested after receiving the Notice to Proceed unless the Notice to Proceed indicates otherwise. The contract start dated is subject to construction completion of the new Indian River County Biosolids Dewatering Facility. 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 Payment and Performance Bonds for all work in this greement. 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 . 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 . The CONTRACTOR' s price at the time of delivery of goods and services will be the price set forth on the Bid Form . The CONTRACTOR, by January 1 of each year, shall notify Indian River County t in writing of any proposed price schedule changes with justification for each change . Indian River �./ FAPurcha6ng\Bids\2009-2010 FY (2010000)\2010029 Operaiions orthe Indian River County Biosolids Dewatering, Sludgc Dewatering, and Haul ing\Agenda w-Contract.doc �a yes 3 0 0 � 4� 7