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SAMPLE AGREEMENT-4-8-2013 <br /> ATTACHMENT C - SAMPLE AGREEMENT <br /> THIS AGREEMENT made and entered into this_day of 20_____, 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 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 ($7,500.00). 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 /> ($28,400.00). <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 Cell 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 /> f:\public works\keithm\stormwater projects\main relief canal operation\dredging sedimentation basins\contract and work orders\2013-2014 emc <br /> contract\sample agreement-4-8-2013.doc <br /> 38 <br />