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662-H. C. Connell Inc ,, c_ , SECTION 00500 AGREEMENT FORM 1. GENERAL ~ da 1.01 THIS AGREEMENT, made this 2- y of ~J/-z-y , 1997, by and between (1) the CitV of Sanford, hereinafter called the Owner, and {2) H.C. Connell, Inc. doing business as a (3) Corporation, and hereinafter called the Contractor. 1.02 The Owner and Contractor agree as follows: A. Contract Documents The Contract Documents consist of this Agreement; all items Hsted in the index to the 15roject 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. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the SR46 Water Main Replacement. C. Contract Time The Contractor shall begin work within 10 days after the issuance of a written Notice to Proceed and shall complete the work in accordance with the following: 1. All Phase I work shall be completed no later than September 30, 1997. 2. Should the City choose to proceed with Phase II construction, the Contractor shall proceed with the work immediately after the completion of Phase I and complete the work no later than November 30, 1997. 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 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 the following: (1) Owner (2) Contractor (3) Sole Proprietor, Partnership, or Corporation J:\JOBS\SO619,00\WP~GEN\AGREE.HCC 00500-1 1. 81000 ,_, each calendar day that expires after Sel- .tuber 30, 1997 during which the Phase I construction is not complete. 2. 8500 for each calendar day that expires after November 30, 1997 during which the Phase II construction is not complete. E. Contract Price Unit Price Contract 1. The Owner will pay the Contractor in current funds for the performance of the Phase I 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 Four hundred forty-one thousand nine hundred seventy-two and 27/100 Dollars (8441,972.27). 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. 2. Should the Owner choose to proceed with the Phase II work, the provisions of this Agreement will remain valid and the Contractor will receive additional payment for the Phase II work performed in accordance with the Unit Prices included in the Bid, subject to additions and deductions by Change Order and subject to the Measurement and Payment Provisions (Section 01150), and subject to actual constructed quantities. F. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. G. Engineer The Project has been designed by Conkiln, Porter & Holmes-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: H.C. CONNELL, INC. P.O. BOX 490700 400 McCORMACK STREET B ~i~nature~' (Seal) e and Title ' Printed Name J:\JOBS\SO619,0O\WP~GEN\AGREE.HCC 00500-2 OWNER: CITY OF SANFORD, FLORIDA P.O. Box 1788 300 N. Park Avenue Sanfo~~72-1788 By (Sig;~at.~''/~ (Seal) William A. Simmons, P.E. - City Manager Printed Name and Title Attest (Signature) END OF SECTION J:\JOBS\S0619.00\WP~GEN\AGREE.HCC 00500-3 SECTION 00660 NOTICE OF AWARD FORM TO: H.C. CONNELL, INC. P.O. BOX 490700 400 McCORMACK STREET LEESBURG, FLORIDA 34749-0700 PROJECT DESCRIPTION: SR 46 Water Main Replacement The OWNER has considered the BID submitted by you, dated June 17, 1997 for the above-described WORK in response to the Advertisement for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for BID items in the amount of $441,972.27. You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within ten (1 O) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) calendar days from the date 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. DatedthisJ-Yz3' dayof JZ,,t, rE , 19c,? . OWNER: CITY OF SANFORD, FLORIDA By ~ William A. Simmons, P,E, - City Manager (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by H.C. Connell, Inc. this the 2/>'l'h dayof "~j'~Jn(: , 19 ~lI. By h ~ . cncro,) IT) mc 3cr (Printed Name and Title) J:\JOBS\S0619,O0\WP, GEN\NOA.HCC 00660-1