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AGREEMENT This Agreement made and entered into this day of 20 b and between Natureland Inc 518 85Th Str. , Vero Beach FL 32967 , hereinafter called the Contractor and Indian River County Solid Waste Disposal District (SWDD) 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 Solid Waste Disposal District Bid # 6052 - Fellsmere and Roseland Recycling Center Landscuing project, Bid Item number 5 6 7 8 and Alternate Items # 2B and #3B Inclusive as shown on the attached bid form . Contractor, as an independent Contractor and not as an employee, shall furnish, for the sum of Forty Nine Thousand Six Hundred Thirty Seven Dollars and no Cents ($ 491637 . 00 ) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . The above amount is comprised of a construction component of $ 28 , 037 . 00 and a maintenance component of $21 , 600 . 00 Article 2 . Time of Completion All work excluding maintenance shall be completed with 150 days from the Notice to Proceed . Maintenance shall continue for three years from the date of completion . 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 within 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 construction 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 a 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 . 6706 -38666\7/22/04 Page 57 of 59 VRB