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1206-Barracuda NTPSECTION 00530 NOTICE TO PROCEED FORM TO: Barracuda Building Corporation 1000 Ocoee - Apopka Road, Suite 300 Apopka, FL 32703 DATE: January 31, 2008 PROJECT: Northshore /Marina Island Restabilization Project, Phase 3A, Off Site Retention Pond. (IFB 06/07 -5) You are hereby notified to commence WORK in accordance with the Agreement dated January 14, 2008, This Notice authorizes the CONTRACTOR to commence construction, and, in accordance with the Agreement, all work shall be substantially complete no later than one hundred and twenty(120) days after the date of this notice Final completion shall occur no later than one hundred and fifty(150) days after the date of this notice. ISSUED BY: City of Sanf d, FL (Name o OWNER By (signature) (Printed Name and ACCEPTANCE OF NOTICE END OF SECTION 00530 -1 SPECLIB052803 SECTION 00520 AGREEMENTFORM PART 1 GENERAL 1.01 THIS AGREEMENT, made this 14 day of January 2008 , by and between City of Sanford hereinafter called the Owner, and 1 Barracuda Building Corporation doing business as a 2 Corporation and hereinafter called the Contractor. 1) Name of Contractor 2) Corporation, Partnership, Sole Proprietor 1.02 The Owner and Contractor agree as follows: A. Contract Documents The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement. These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the Northshore / Marina Island Restabilization Proiect Phase 3A C. Contract Time The Contractor shall begin work within 10 days after the issuance of a written Notice to Proceed and shall substantially complete the work within 3 120 calendar days from the date of the Notice to Proceed. The work shall be finally complete, ready for Final Payment in accordance with the General Conditions, within 30 calendar days from the actual date of substantial completion. 3) As specified in paragraph 1.02/C15 of the Bid Form D. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not 00520 -1 ; NAME OF PROJECT: Northshore / Marina Island Restabilization Proiect Phase 3A (IFB 07/08 — 5) substantially complete within the time specified in Paragraph C above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER 500 for each calendar day that expires after the time specified in Paragraph C for substantial completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one -fourth (Y,) of the rate set forth above. E. Contract Price Unit Price Contract The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and deductions by Change Order and subject to the Measurement and Payment Provisions, and subject to actual constructed quantities; the Total Contract Price of One hundred sixty four thousand nine hundred Dollars ($ 164,900. - -) . Payments will be made to the Contractor on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. F. City of Sanford Tax Recovery The Owner reserves the right to purchase directly, via its purchase orders, various construction materials, supplies and equipment that may be part of this contract. The Contractor hereby acknowledges that the Owner has the right to exercise this option and that Contractor will cooperate fully to enable the Owner to achieve the tax recovery savings applicable to the materials, supplies and equipment so designated by the Owner. G. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. H. Retainage The value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this project is 10 %, to be held by Owner as collateral security to ensure completion of Work. Retainage will be reduced to 5% once the Work is at least 50% complete. 00520 -2 NAME OF PROJECT: Northshore / Marina Island Restabilization Proiect Phase 3A (IFB 07/08 — 5) Engineer The Project has been designed by CPH Engineers, Inc., referred to in the documents as the Engineer, whose authority during the progress of construction is defined in the General Conditions and Supplementary Conditions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Name of Firm _ V (SEAL) By ( i 'Mature) v Printed Name and Title OWNER: City of Sanford Nam f Owner By (Signature) Kristi Aday, Interim City an er Printed Name and Title ATTEST: 1. ii- 4 ,By (Signature) Janet Dougherty, City Clerk Printed Name and Title rflG - rl- (SEAL) END OF SECTION 00520 -3 NAME OF PROJECT: Northshore / Marina Island Restabilization Project Phase 3A (IFB 07/08 — 5) rrimea name ana i aie i L SECTION 00510 NOTICE OF AWARD FORM TO: Barracuda Buildinq Corporation NAME OF PROJECT: Northshore / Marina Island Restabilization Project Phase 3 'A' The OWNER has considered the BID submitted by you, dated December 3. 2007 for the above described WORK in response to the Invitation for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for BID items in the amount of $ 164,900. - - You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 14th day of January M OWNER: (Na of OWNER) By (Signature) Kristi Aday, Ac 'n City Manager (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by & i4 ,Cfow this 2dP- day of MYa r . 7 —1 nted Name and END OF SECTION 00510 -1 SPECLIB058303