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11 -04 -200S 12 : 10PM FROM INDIAN RIVER COUNTY 7727789391 P . 2 AGREEMENT +° THIS AGREEMENT made and mtered into this " day of August , 2005 , by and between Omni Pinacle. LLC hereinafter called the CONTRACTOR and INDIAN RIVER COUN'T'Y herein called the O'W'NER . 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 ## 7 !G for Indian River County Disaster Debris removal and Disposal Contract ; OWNER desires to purchase certain goods and services as more specifically set forth in Exhibit B attached hereto and made a part hereof from Contractor on the terms and conditions set forth herein , and at the unit prices set .forth . in the Bid Form attached hereto and made a part hereof. This Agreement constitutes a binding Contract when signed by the OWNER and accepted by the CONTRACTOR , either by execution of this AGREEMENT, or by commencement or rendering of services without reservations. 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 in Exhibit B for the type of service or project requested after receiving the Notice to Proceed unless the Notice to Proceed indicates otherwise . 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 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 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 . Page 23 of 30 F:\Public Works\Capital ProjwjNJJurricune Contructs\Hurricane Debris Pw wvul Bid U)ocument - Finul.duc