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825-Ryan Inc-46A Utility Reloca1.01 1.02 SECTION 00510 AGREEMENT FORM ~- - ~:! ,: ' ~- ~ ~ GENERAL THIS AGREEMENT, made this/~(::~day of ~~n ,~~) by and between (1) the City of Sanford,'~inaffer call er, and (2) I~co~o~a~e~ ~as~e~ doing business as a (3) Co~o~a~io~ , and hereinafter called the Contractor. The Owner and Contractor agree as follows: Contract Documents The Contract Documents consist of this Agreement; all items listed in the index to the Project Manual; the Drawings as listed on the Bid Form and Index to Drawings; the Florida Department of Transportation Standard Specifications for Road and Bridge Construction - 1991, as incorporated by the Project Manual; all Addenda issued prior to and all Change Orders issued after execution 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. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the (4) C46A UTILITY RELOCATIONS (Oregon Ave. to Upsala Road). Contract Time The Contractor shall begin work within 10 days after the issuance of a written Notice to Proceed and shall complete the work within 150 calendar days from the date of the Notice to Proceed. 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 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 (1) Owner (2) Contractor (3) Sole Proprietor, Partnership, or Corporation) (4) Name of Project as identified in Instrucitons to Bidders J :\S0620.01 \W P\S P ECX46A-O RE\00510 .CP H 00510 ' 1 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $1,000.00 for'each calendar day that expires after the time specified in Paragraph C for final completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one-fourth (¼)of the rate set forth above. E. Contract Price Unit Price Contract The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and deductions by Change Order and subject to the Measurement and Payment Provisions (Section 01150), and subject to actual constructed quantities; the Total Contract Price of Nine hundred ninety two thousand three hundred twenty six Dollars and Twenty five Cents ($ 992,326.25 ). 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. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. G. 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. 1.03 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written, CONTRACTOR: Ryan Incorporated Eastern ~illi~ H. Ey~, r ident Printed Name and Til ' Attest (Si,,gnaturc) sident J:\S0620.01\WP%SPEC~4SA-ORE\00510.CPH 0051 F'idel J. Carcia, Vice Printed Name and Title President OWNER: CITY OF SANFORD, FLORIDA P.O. Box 1788 300 N. Park Avenue Sanford, Florida 3277~ By (Signaturc~ ~ Tony VanDerworp, City Manager Printed Name and Title t~tes~nature) Jan Dougertv~ City Clerk Printed Name and Title (Seal) END OF SECTION J:\S0620.01\WP\SPEC\46A-ORE\00510.CPH 0051