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Document 00500 - Agreement
THIS AGREEMENT, made this ~ day Of:rr~ ;:;7 by and between the City of Clermont, hereinafter
called the "OWNER", and Utility Technicians, Inc., doing business as a corporation, hereinafter called
"CONTRACfOR".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
ARTICLE 1. The CONTRACfOR will commence and complete the construction of Lift Stations 9
Improvements.
ARTICLE 2. The CONTRACfOR will furnish all of the material, supplies, tools, equipment, labor,
and other services necessary for the construction and completion of the PROJECT described herein.
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ARTICLE 3. The CONTRACfOR will commence the work required by the CONTRACf
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DOCUMENTS within TEN (10) calendar days after the date of the NOTICE TO-PROCEED and will
complete the same within 90 days unless the period for completion is extended otherwise by the
CONTRACf DOCUMENTS. The CONTRACTOR further agrees to pay as liquidated damages the
sum of Two Hundred and Fifty and 00/100 Dollars ($250.00) per calendar day beyond the date of
completion.
ARTICLE 4. The CONTRACfOR agrees to perform all of the WORK described in the
CONTRACf DOCUMENTS and comply with the terms therein for the sum of One Hundred One
Thousand Three Hundred Eight-Eight and 00/100 DOLLARS:.- ($101,388.00)
ARTICLE 5. The term "CONTRAèr DOCUMENTS" means and includes the following:
List of Drawings
Advertisement for Bids
Information for Bidders
Bid Form
Bid Bond
Bid Schedule
Major Subcontractors
Public Entity Crimes
Trench Safety Statement
Notice -of Award
Agreement
Notice to Proceed
Work Change Directive
Change Order
- Peñormance Bond
Payment Bond
Application for Payment
Final Release of Lien
Certificate of Insurance
Certificate of Substantial Completion
Standard General Conditions
Supplemental Conditions
Technical Specifications
- (b:\agrmtspecs)
(5Il30.0l3)
Document 00500 - Agreement
LS 9 Improvements
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DRA WINGS: As prepared by Springstead Engineering, Inc. (See Document 0004 - List of Drawings)
ARTICLE 6. The OWNER will pay to the CONTRACfOR, in the manner and at such times as set
forth in the General Conditions, such amounts as required by the CONTRACT DOCUMENTS less a
10% retainage or payab)e upon fmal inspection. All payments by the OWNER shall be made in
lawful monies of the United States to: Utility Technicians, Inc., 630 Goodbar Avenue, Umatilla,
Florida 32784.
ARTICLE 7. CONTRACTOR'S REPRESENTATIONS. To induce OWNER to enter into this
Agreement CONTRACTOR makes the following representation.
7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed in Article 5) and the other related data identified in the Bidding Documents including
"technical data".
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7.2. CONTRACfOR has visited the site and become familiar with and is satisfied as to the general,
local and site conditions that may affect cost, progress, performance or furnishing of the Wode.
7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRAcrOR bas carefully studied all reports of explorations and tests of subsuñace
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except UndergrQund Facilities)
which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the
General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the
Supplementary Conditions. of the extent of "technical data" contained in such reports and drawings
upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General
Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the site. CONTRAcrOR has obtained and carefully
studied (or assumes responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies and data concerning conditions (suñace,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect
cost, progress, performance or furnishing of Work or which related to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR
(b:\agrmtspecs)
(51130.013)
Document 00500 - Agreement
LS 9 Improvements
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and safety precautions and programs incident thereto. CONTRACfOR does not consider that any
additional examinations, investigations, explorations, tests, studies or data are necessary for the
perfonnance and furnishing of the Work at the Contract Price, within the Contract Times and in
accordance with the other tenns and conditions of the Contract Docwnents.
7.5.. CONTRACfOR i~ aware of the general nature of work to be perfonned by OWNER and others
at the site that relates to the Work as indicated in the Contract Doc .Utlents.
7.6. CONTRACfOR has correlated the infonnation known to CONTRACfOR, infonnation and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests; studies and data with
the Contract Documents.
7.7. CONTRACfOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
. discrepancies that CONTRACfOR has discovered in the Contract Documents and the written
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resolution thereof by ENGINEER is acceptable to CONTRACfOR, and the Contract Documents are
generally sufficient to indicate and convey understanding of all tenus and conditions for peñonnance
and furnishing of the Work.
7.8. Conflicts within the contract documents .shall be brought to the attention of the ENGINEER and
resolution shall be at the discretion of and at no cost to the OWNER.
ARTICLE 8. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
(b:\agnntspecs)
(51130.013)
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Document 00500 - Agreement
LS 9 Improvements
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in four (4) copies, each of which shall be deemed an original on the date
first written above,
City of Clermont
BY" If-.
Name: Wayne Saunders
(Please Type)
(SEAL)
Title:
City Manager
11::' d, m. dJ,
, ILIrj." It l1y
Name: ~
. (please Type)
Title:~
.,.
BY:
Name: Karen S. Purvis
(please Type)
(SEAL)
~
Title: Pres
Name: H. Scott Purvis
(please Type)
Title:
Vice-Pres'
(b:\agrmtspecs)
(51130.013)
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Document 00500 - Agreement
LS 9 Improvements