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873-Ryan Incorporated Eastern AGREEMENT FORM PART 1 GENERAL 4.01 T.,sAGREEME.T, madethis/ dayof - - ,,by and between (1)City of Sanford, heroinafter called the Owner, and (t'2) R~R~n Incorporated Eastern doing business as a (3) Corporation, and heroinafter called the Contractor. ('1) Name of Owner (2) Name of Contractor (3) Corpomtion, PaHne~hip, or Sole Proprietor 1.02 The Owner and Contractor agree as follows: A. Contract Documents The Contract Documents consist of this Agreement; all items listed in the index to the Project Manual; the Drawings as listed in the Project Manual; the Florida Depa~ment of Transpo~ation 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 pa~ of the Contract as if attached to this Agreement or repeated herein. B. Scope of Work The Contractor shall pe~orm all work required by the Contract Documents for the construction of the Narcissus Avenue Sewer and Force Main Construction (IFB 00/01-04). C. Contract Time The Contractor shall begin work within 10 days after the issuance of a written Notice to Proceed and shall complete substantially complete the work within 240 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, D. Liquidated Damages OWNER and CONT~CTOR recognize that time is of the essence of this Agreement and that OWN ER 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 accordan~ 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) CONT~CTOR shall pay OWNER $1000 for each calendar day that expires a~er s~scu~os~soo 00520-1 REVISED PER ADDENDUM NO. 1 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 (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, and subject to actual constructed quantities; the Total Contract Price of Nine hundred sixty-four thousand nine hundred thirty-five and 35/100 Dollars ($964,934.35). 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: P, van I orated tern . (SealS' ::: "j _-" , · , ': , :: Printed Name and Title '" ' ~ Printed Name and Title 8PECLIB081600 00520-:~ REVISED PER ADDENDUM NO. I OWNER: City of Sanfor~,~,,_~;7 Name of Own (Seal) ' B t y (Signa ure) Anthony VanDerworp - City Manaqer Printed Name and Title Janet R. Douqhertv - City Clerk Printed Name and Title END OF SECTION SPECLIB081600 00520-3 REVISED PER ADDENDUM NO. I