890-Bergeron Land Development SECTION 00520
AGREEMENT FORM
MENT, made this of fcbf~,~h1 , 2-~°7-, by and between
City of Sanford, hereinafter called"~e Owner, and Bercleron Land Develooment, inc. doing
business as a 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 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 heroin.
B. Scope of Work
The Contractor shall perform all work required by the Contract Documents for the
construction of the East Lake Man/Boulevard/Silver Lake Drive Utility Construction
(Segment 1 - Sanford Avenue to Ohio Avenue) - IFB 00/01-26.
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 180 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 $1000 for each calendar day that expires after
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
SPECLIB042901 005204 REVISED PER ADDENDUM NO. 3
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 million two hundred eiqhty-two thousand eiqht
hundred thirty-five and 95/100 Dollars ($1,282,835.95), 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 Owned~vill make payments as provided in the General Conditions and
Suppler~6ntary Conditions.
/
G. Engi/eer
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
d~fined in the General Conditions and Supplementary Conditions.
1.03 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and · ' written
By (Signaturei~ , . ~,/ .. (Seal)
Printed Name and Ti~
A u
e i led
SPECLlI~04290~ 00520-2 REVISED PER ADDENDUM NO. 3
OWNER:
City of Sanford
Name~/~F : .-" :-, '-
(Seat)
By {Bignatur , ,
Anthony VanDerworp - City Manager
Printed Name and Title
Janet R, Douclherty, CMC - City Clerk
Printed Name and Title
END OF SECTION
SPECLIB042901 00520-3 REVISED PER ADDENDUM NO. 3