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2004-033
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2004-033
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Last modified
8/24/2016 10:10:53 AM
Creation date
9/30/2015 7:20:38 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/17/2004
Control Number
2004-033
Agenda Item Number
11.J.1
Entity Name
Thomas Reyes
Subject
Off-Site Sanitary Utilities
Area
6615 110th St.
Archived Roll/Disk#
3209
Supplemental fields
SmeadsoftID
3639
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4 . Authority: <br /> Each party hereto represents and warrants to the other that the execution of this Agreement and any other <br /> documents required or necessary to be executed pursuant to the provisions hereof are valid, binding <br /> obligations and is enforceable in accordance with their terms . <br /> 5 . Bidding and Award : <br /> Bid proposals and engineering costs related to the work described herein shall be subject to approval by <br /> the Indian River County Department of Utility Services . The DEVELOPER agrees to use COUNTY ' S <br /> bidding format to bid the construction of off-site utilities described herein . The DEVELOPER shall <br /> submit to the Department of Utility Services for review all bids from licensed and qualified utility <br /> contractors . The DEVELOPER shall utilize the lowest, most qualified bidder as solely determined by the <br /> Indian River County Department of Utility Services . The term "qualified" shall be as determined by the <br /> COUNTY . The COUNTY ' s reimbursement of construction costs to the DEVELOPER shall be <br /> conditioned upon the Utility Services Department ' s approval of project costs . The DEVELOPER shall not <br /> commence work unless the Utility Services Department provides written approval of the final construction <br /> cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY ' s sole discretion, project costs <br /> significantly exceed those contained in Exhibit "B " . All contractors shall submit unit price bids containing <br /> labor and material units in Exhibit "E", in lieu of a lump sum bid . <br /> 6 . Ca tip • ons : <br /> Captions, if included, in this Agreement are included for convenience only and are not to be considered in <br /> any construction or interpretation of this Agreement or any of its provisions . <br /> 7 . Construction Plans, Technical Specifications and Contract Documents : <br /> The DEVELOPER agrees to complete a final set of construction drawings and make submission for a <br /> Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of <br /> Environmental Protection (FDEP) . The DEVELOPER shall not commence construction until all permits <br /> are approved and obtained. <br /> 8 . Definition <br /> All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the <br /> identity of the party or parties may require . <br /> 9 . DEVELOPER' s Obli ations : <br /> The DEVELOPER shall prepare at its own expense, plans , specifications, Agreement, advertisement, <br /> general conditions, hereinafter referred to as the "contract documents", for the lines and facilities necessary <br /> to deliver the water and wastewater utilities from the COUNTY ' S facilities . All plans and specifications <br /> shall be subject to the COUNTY ' s approval prior to the DEVELOPER ' s application . The DEVELOPER <br /> shall be responsible for all costs associated with the design, permitting and construction of the offsite <br /> facilities (which includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and <br /> associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the <br /> COUNTY. <br /> The design , permitting, construction, operation and maintenance of all on-site water and wastewater <br /> utilities which is on or solely dedicated to the DEVELOPER ' s property (including but not limited to water <br /> meter, transmission lines, pumps , valves, storage facilities, etc . ) shall be the DEVELOPER ' s responsibility <br /> and expense . Construction of on-site water and wastewater utilities shall be subject to COUNTY review <br /> and approval . <br /> ` Page 3 <br /> F:\UTILITIES\UTILITY - ENGINEERING\PROJECTS - UTILITY CONSTRUCTION PERMITS\REYES DUPLEX UCP # 2360V\GREEMENT - DEVELOPERS AGREEMENT -OFFSrrE GRAVITY SEWER REYES <br /> DUPLEX 2.DOC <br />
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