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891-Progressive Contractors 01 OCT -3 PH 12:5'5 SECTION 00520 CDN' ~ ! AGREEMENT FORM PART I GENERAL 1.01 THIS AGREEMENT, made this 2~' day of '_-,.~J,-z~/~r , 2. e~:)( .by and between (1) City of Sanford, here~r called the Owner, and (2) Proclressive Contractors, Inc. doing business as a (3) Corporation , and hereinafter called the Contractor. (I) Name of Owner (2) Name of Contractor (3) Corporation, Partnership, 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 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 Mulberry/19th Street Sewer and Water Construction (I FB 00/01 - 33). 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 90 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 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 $500 for each calendar day that expires after the sPscL,aos~soo 00520-1 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 One hundred forty-seven thousand one hundred forty- seven and 00/100 Dollars ($147,147.00~. 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 herain. 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: Progressiv.e Contractors. Inc. ~f ~ (Seal) By (Signature) /, Pri~ed Name and Title -, Attest (Signature) / Printed Name and Title 00520-2 OWNER: CitvofSanford (Seal)' ' Tony VanDerworp - City Manacler Printed Name and Title Janet R. DouclhertV, CMG - Oity Glerk Printed Name and Title END OF SECTION SPECUBOB~600 00520'3