646-Prime Construction Group SECTION 00500
AGREEMENT FORM
1. GENERAL
1.01 THIS AGREEMENT, made this/Fffday of ,J/~/~ .199~_, by and between
(1) the City of Sanford, hereinafter called the Owner, and
(2) Prime Construction Group, Inc. doing business as a (3) Florida 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 Technical, General, and Supplementary Conditions
and Sections contained in the Project Manual; the Drawings as listed on the Bid Form and Index to Drawings;
all Addenda issued prior to and all Change Orders issued al%er 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 Mill
Creek Year Two Drainage Improvements. The project consists of constructing drainage improvements
along Mill Creek from approximately the City of Sanford Recreational Center to just south of 14th Street, and
includes closure and replacement of approximately 2,075 LF of the existing open ditch with a concrete box
culvert system. Also included are construction of appurtenant concrete headwalls, inlets, utility relocations,
concrete aprons, erosion protection, grassing, fencing, site restoration, minor tributary drainage improvements
and removal/abandonment and replacement of existing culvert crossings at 13 th St., 14th St., and miscellaneous
driveways.
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 within 180 calendar days from the date of the Notice to Proceed.
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 $250.00 for each calendar day that expires after the time specified in
Paragraph C for final completion until the work is finally complete.
(1) Owner
(2) Contractor
(3) Sole Proprietor, Parmership, or Corporation
00500-1
Contract Price
The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and
deductions by Change Order, the Total Contract Lump Sum Price of seven hundred eighteen thousand five
hundred and no/100 Dollars ($718,500). Payments will be made to the Contractor based on the Lump Sum
Bid amount, the Schedule of Values, and subject to completion of the work, in accordance with the Contract
Documents.
F. Payments
The Owner will make payments as provided in the General Conditions and Supplementary Conditions.
Progress payments will be made in an amount equal to 90% of the value of Work completed, less, in each case,
the aggregate of payments previously made. At the so le discretion of the OWNER, monthly progress payments
may be increased after 50% of the Work is completed to 95% of the value of Work completed less the
aggregate of previous payments provided that: a) Contractor is making satisfactory progress, and b) there is
no specific cause for greater withholding. However, the OWNER may subsequently resume retaining 10%
of the value of Work completed and materials delivered if, in the sole determination of the OWNER, the
CONTRACTOR is not performing according to the Contract Documents or not complying with the current
progress schedule. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
G. Engineer
The Project has been designed by Conklin, 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:
Prime Constructi ~oup, INc.
Name of Firm '
(Seal)
By( , Jr. President
Attest Thomas M. Perley ~ry/Treasurer
OWNER:
"B~an tTeT---~ A4,~,,4tr~,~ (Seal)
d Ti
' 2 '- 00500-2