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2008-37AGREEMENT Project Number 08-003D THIS AGREEMENT made this 13 day of August, 2008 by and between City of Clermont_ hereinafter called "OWNER" and B & M Construction Company, Inc. doing business as (an individual), or (a partnership), or (a corporation) hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: Article l: The CONTRACTOR will commence and complete the project 2008 Eastside Refueling Project, Project Number 08-003D. Article 2: The CONTRACTOR will furnish all material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein. Article 3: The CONTRACTOR will commence the work required by the Contract Documents within TEN (10) calendar days after the date of the NOTICE TO PROCEED and will complete the same within Forty Five (45) calendar days after tanks have been delivered unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. The CONTRACTOR further agrees to pay as liquidated damages the sum of Five Hundred Dollars 500.00 per calendar day beyond the date of completion. Article 4: The CONTRACTOR agrees to perform all of the work described in the Contract Documents and comply with the terms therein for the Bid Fuel Management System, Lightning Protection, Option 1, 100 VIU Vehicle Mounts and Training in the sum of One Hundred Nine Thousand Two Hundred and No Hundredths ($109,200.00) Article 5: The term "CONTRACT DOCUMENTS" means and includes the Following: ADVERTISEMENT FOR BID BID FOR & SCHEDULE PUBLIC ENTITY CRIMES AGREEMENT FINAL RELEASE OF LIEN INFORMATION FOR BIDDERS SPECIFICATIONS NOTICE OF AWARD NOTICE TO PROCEED GENERAL REQUIREMENTS AREA MAP BID BOND MAJOR CONTRACTORS & SUPPLIER FORM SITE WORK Specifications prepared by City of Clermont, Public Services Department. Article 6. This agreement shall be binding upon all parties hereto and their respective heir, executors, administrator, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in 4 (No. of copies), each of which shall be deemed an original on the date first written above. OWNER: Citv of Clermont 400 12`h Street k~ FL 34711 BY: NAME: a ne Saunders Please type TITLE: City Manager (SEAL) ATT NAME: ~ ~' TITLE: ~ ~' ~~'~~ C'o 1„ (SEAL) A~~~T_ Please type TITLE: Co~-~rrP-c~~~rlZ Please type TITLE: ~5l ~'`?i~ %a ~