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AGREEMENT This Agreement made and entered into this day of , 20 , by and between E . J . BRENEMAN , L . P . , 1117 SNYDER ROAD WEST LAWN PA 19609- 1100 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 As per specifications of advertised and sealed bid in Indian River County Bid # 6080 / MILLING, RESURFACING & SHOULDER WIDENING OF CR 512 FROM SR 60 TO FELLSMERE FARMS & OSLO ROAD FROM 20`h AVENUE TO 27 "' AVENUE Contractor, as an independent Contractor and not as an employee, shall furnish , for the sum of ONE MILLION THREE HUNDRED TWENTY SIX THOUSAND NINE HUNDRED & NINE DOLLARS ( $ 12326 , 909 . 00 ) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . Article 2 . Time of Completion PROJECT MUST BE COMPLETE BY AUGUST 31 2004 TO MEET SMALL COUNTY OUTREACH PROGRAM AGREEMENT 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 Performance and Payment Bonds for all work in this Agreement . 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 ay 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 or 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 . FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 . 04. doc Page 55 of 61