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847-Cross Construction-Memorial ';ZQ I OCT -6 AH tl: 22 OWNER/CONTRACTOR AGREEMENT (~ 6th DAY OF October A.D., 2000 BY AND BETWEEN: THIS AGREEMENT MADE AS OF THE CROSS CONSTRUCTION (heroin called the "Contractor'); and City of Sanford (herein called the "Owner") for LEAD AND ASBESTOS REMOVAL HISTORIC SANFORD MEMORIAL STADIUM ADDITIONS AND RENOVATIONS WITNESSETH THAT: Contractor and Owner for consideration hereinafter named agree as follows: ARTICLE 1. THE CONSTRUCTION CONTRACT DOCUMENTS Construction Contract Documents consist of the Invitation to Bid, Instructions to Bidders, Bid Forms, Bond Forms, Form of Agreement, General Conditions of the Contract for Construction, Supplementary Conditions, Specifications, Drawings, Addenda (if used) issued prior to and modifications issued after execution of this agreement. These form the Contract, and are as fully a part of the Contract as if attached to this agreement or repeated herein. An enumeration of Contract Documents appears in Article 11. If anything in the Contract Documents is inconsistent with this agreement, this agreement shall govern. The Contractor shall warrant that he has reviewed the Plans and Specifications for consistency, adequacy, and constructability. ARTICLE 2. THE WORK Contractor shall perform work required by Contract Documents of Sanford Memorial Stadium, Additions and Renovations, Sanford Florida as prepared by The Scott Partnership Architecture (herein called the Architect). ARTICLE 3. TIME OF COMPLETION Work to be performed under this Contract shall commence within seven (7) calendar days after the signing, execution and delivery to the Contractor of this Agreement, which date is established as the Commencement Date in the Notice to Proceed, and shall be completed as quickly as reasonably possible, with Substantial Completion within a twelve month period. In the event that the contractor is unable to complete said contract on time, contractor is liable for liquidated damages to accumulate at a rate of $250.00 (two hundred and fifty dollars) per day beyond twelve months of the notice to proceed. Time is of the essence in this agreement. If the contractor be delayed at any time in the progress of the work by any act or omission of the Owner or Engineer, or of any employee of the Owner or Engineer or by any other contractor employed by the Owner, or by changes ordered in the work, or by strikes, lock outs, fire, unusual delay in transportation, unavoidable casualties, or any causes beyond the contractor's control which would not reasonably be expected to occur in connection with or during performance of the work, or by delay authorized by the Owner pending a decision, or by any cause which the Owner shall decide to justify the delay, the time of completion shall be extended for such reasonable time as the Owner may decide. It is further expressly understood and agreed that the contractor shall not be entitled to any damages or compensation, or be reimbursed for any losses, on account of any delay or delays resulting from the any of the aforesaid causes or any other cause whatsoever. ARTICLE 4. CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract the sum of One Hundred Eifihtv Four Thousand Seven Hundred Fifty and No Cents/Dollars $184,750.00. The Contact Sum is determined as follows: LUMP SUM BASE BID: $ 184,750.00 ALTERNATE/(S).SELECTED: $ N/A TOTAL: $ 184,750.00 AGREEMENT FORM 00500 - 1 Owner reserves right to make changes in Work. Where quantities originally contemplated are so changed that application of agreed price to quantity of work is shown to create a hardship to Owner or Contractor, there shall be a mutually agreed upon equitable adjustment of Contract to prevent such hardship before executing the work involved. ARTICLE 5. CONTRACTOR COORDINATION The Contract shall coordinate all their work efforts and scope of work with the General Contractor and their anticipated time line. In no case shall the contractor hinder the general works portion of the contract. If the contractor can not meet the time lines of the General Contractor, advance notice to the contractor and the owner shall be filed within 30 days of such notice. If the contractor fails to meet the time line of the General Contractor or the project schedule, the contractor will be in default. ARTICLE 6. ACCEPTANCE AND PAYMENTS Progress payments shall be made once each month (as provided in the General Conditions) during the process of construction in amounts not to exceed ninety percent (90%) of the amount due on the Contract on the basis of work completed as certified by the Contractor and approved by the Architect. Upon completion of Contract, Contractor shall submit evidence satisfactory to Owner that payrolls, material bills, and other indebtedness incurred by Contractor in connection with Project have been paid in full. After such evidence has been submitted and written notice has been given Owner that work is ready for final inspection and acceptance, work shall be inspected by, or under direction of, City of Sanford, Florida and when it is found work is acceptable under Contract, and Contract has been fully performed, Architect shall promptly issue final certificate stating work has been inspected under terms and conditions hereof, and consideration herein provided for is due under Contract to Contractor, and noted in such final certificate, whereupon after such inspection and acceptance, final payment, except as provided in next paragraph shall be due within thirty (30) calendar days, provided work be then fully completed and Contract fully performed. Ten Percent (10%) of Contract price shall be withheld until substantial completion is certified by the Architect and approved by the Owner at which time the contractor may request and receive at the Owner's discretion reduction of the retainage to 5% until final completion is approved by the Owner. ARTICLE 7. CONTRACT TERMINATION In event this Contract is terminated by Owner for failure of Contractor to comply with terms of Contract, then in that event Contractor shall be liable to and pay Owner any damages which it may sustain by failure of Contractor to comply with terms of this Contract. Dama~les shall be as set forth in the General Conditions. ARTICLE 8. CONTRACTOR'S LIABILITY INSURANCE Contractor shall maintain such insurance as will protect him from claims under Workmen's' Compensation Acts, and from any other claims or damages for personal injury, including death, which may arise from operations under this Contract, whether such operations be not by himself or by any subcontractor or anyone directly or indirectly employed by either, in amounts provided in Supplementary Conditions. Certificate of such insurance shall be filed with Owner and Contractor shall not commence work under this Contract until he has complied with provisions of this paragraph. Atvtscfl"certificates of insurance and indicated type of insurance, policy number, effective date, expiration date~ and limits of insurance. The certificates of insurance are to indicate the named insured, and are to identify the owner, engineer and other parties identified in the supplementary conditions as additionally insured. The owner and architect are to be named as certificate holders. ARTICLE 9. PROTECTION OF OWNER'8 PROPERTY At all times during performance of this Contract, Contractor shall protect Owner's property from damages whatsoever on account of work being carried on under this Contract. During construction of said Project, and until final acceptance of same by Owner, Contractor shall carry at his expense, Builders Risk Insurance, to include fire, windstorm and property coverage with loss payable to Contractor or Owner as interest may appear. Such policy shall be approved by and filed with AGREEMENT FORM 00500 - 2 the Owner at or before the time. of comme.ncing work u. nder this Contract Builders Risk Insurance shall This Contract shall become effective and in full force upon execution of this Agreement, oonourront~/with delive~ of a Performance Bond and Labor and Material Payment Bond issued by a sure~ company licensed to do Business in State of Florida, for one hundred percent (100%) of the Contract price, said bond guaranteeing the performance of this Contract and as security for payment of persons performing labor and furnishing materials in connection with this Contract. ARTICLE 11. MISCELLANEOUS PROVISIONS Terms used in this Agreement, which are defined in Conditions of Contract, shall have meanings designated in those Conditions. The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and except for Modifications issued after execution of this Agreement, are enumerated as follows: Contract Forms, Agreement, Performance Bond, Payment Bond, Insurance Certificates Conditions of the Contract, General Conditions, Supplementary Conditions, PreConst. meeting Specifications Drawings Addenda 6. Contract Modifications, Change Order, Field Order, Supplemental Instructions SIGNED, SEALED AND DELIVERED in our presence Two Witnesses as to the Signature r::)fAC. l~l~tract°r/~:>~ ~ (Affix Seal) END OF SECTION 00500 AGREEMENT FORM 00500 - 3 TO: Cross Construction Co. P.O.Box 7005 30534 S.R. 54 West Wesley Chapel, FI 33543 PROJECT DESCRIPTION: NOTICE TO PROCEED Lead and Asbestos Abatement Historic Sanford Memorial Stadium The OWNER has considered the BID submitted by your firrn on 8/31/00 forthe above-described WORK in response to the Advertisement for Bids and Information for Bidders. You are required by the Information for Bidders to execute the Agreement and r ' the requir/ OC)NTRAC~ORs PerChance Bond, Payment Bond, and certifica~ of insurance within~calendar days from the da~e of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds wi'ahin ten (10) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out ofthe OWN EF~s acceptance of your BID as abandoned and as a forfeiture ofyour BID BOND. The OWNER will be entitled to such other rights as may be granted by law. of(P~~~.~ , 2000. OWNER: CITYBOF~~..LarRr~A, Da~ie ~. y - Title Mayor ACCEPTANCE OF NOTICE Receipt and acceptance of the bove NOTICE OF AWARD is hereby acknowledged by (-r*~ ~,t'.this the [~-t~ day of ~/2.. , 2000. le END OF SECTION C:\MyFiles\Files\Stadium\notictetoproceed.wpd 00660-1