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EXHIBIT 10.11
AGREEMENT
THIS AGREEMENT, made this 13th day of May, 1998, by and between the CITY OF
XXXXXX, DRAPER, UTAH, hereinafter called "OWNER" and X.X. Xxxxx & Company doing
business as a corporation, hereinafter called "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned:
1. The CONTRACTOR will commence and complete "TRAVERSE RIDGE ROAD" as
described in the contract documents.
2. The CONTRACTOR will furnish all of the materials, supplies, tools,
equipment, labor, and other services necessary for the construction and
completion of the PROJECTS described herein.
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 two hundred and ten (210) calendar days after
the date of the NOTICE TO PROCEED; unless the period for completion is extended
otherwise by the CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the
CONTRACT DOCUMENTS and comply with the terms therein for the sum as shown in the
BID schedule.
5. The term "CONTRACT DOCUMENTS" means and includes the following:
(a) INVITATION TO BID
(b) INSTRUCTIONS TO BIDDERS AND ADDITIONAL INSTRUCTIONS TO
BIDDERS
(c) BID and BID SCHEDULE
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(d) BID BOND
(e) AGREEMENT
(f) PAYMENT BOND
(g) PERFORMANCE BOND
(h) NOTICE OF AWARD
(i) NOTICE TO PROCEED
(j) CHANGE ORDER
(k) GENERAL CONDITIONS
(l) SUPPLEMENTAL GENERAL CONDITIONS
(m) ADDITIONAL SUPPLEMENTAL GENERAL CONDITIONS
(n) SPECIFICATIONS prepared and issued for the City of Xxxxxx,
dated March 1998
(o) DRAWINGS prepared for the City of Xxxxxx, dated March, 1998
(p) ADDENDA:
No. 1, dated March, 1998.
No. 2, dated March, 1998
No. ____, dated _____________, 1998.
No. ____, dated _____________, 1998.
No. ____, dated _____________, 1998.
6. The OWNER will pay to the CONTRACTOR, in the manner and at such times
as set forth in the General Conditions, such amounts as required by the CONTRACT
DOCUMENTS.
7. This Agreement shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Agreement in five (5) copies,
each of which shall be deemed an original on the date first above written.
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OWNER:
City of Xxxxxx
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By /s/ Xxxxxxx X. Xxxxxx
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NAME Xxxxxxx X. Xxxxxx
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(Please Type)
TITLE Mayor, Pro Tem
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(SEAL)
ATTEST: /s/ Xxxxxxx X. Xxxxxx
NAME Xxxxxxx X. Xxxxxx
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(Please Type)
TITLE City Recorder
CONTRACTOR:
X. X. Xxxxx & Co.
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By /s/ Xxxxxxx X. Xxxxx
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NAME Xxxxxxx X. Xxxxx
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(Please Type)
TITLE President
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(SEAL)
ATTEST: /s/ Xxxxx X. Xxxxxx
NAME Xxxxx X. Xxxxxx
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(Please Type)
TITLE Secretary
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