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HomeMy WebLinkAbout932-Bergeron Land Development SECTION 00520 AGREEMENT FORM PART 1 GENERAL 1.01 THIS AGREEMENT, made thi~'~Clday Of L///F2~P__.~ , c:~l~ by and between City of Sanford, hereinafter called the Owner, and Bergeron Land Development, 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 herein. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the Marquette Avenue Utility Construction (iFB 01/02-12). C. Contract Time The Contractor shaft begin work after the issuance of a written Notice to Proceed and shall complete substantially complete the work in accordance with the following schedule: 1. Work along East Lake Mary Boulevard and the airport entrance road through the airport - Marquette intersection, from station 69+50 to station 203+54 and from 203+54 to station 11 +75, shall be substantially completed by June 30, 2002. 2. All other work shall be substantially completed within 150 calendar days of 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 two substantial completion dates. SPECLIB042901 00520-1 REVISED PER ADDENDUM NO. 3 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 OWNER as liquidated damages for delay, and not as penalty, one-fourth (1/~) 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-nine thousand six hundred seventv- eight and 84/100 Dollars ($969,678.84). 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. SPECLIB042901 00520-2 REVISED PER ADDENDUM NO. 3 1.03 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. )R: / \~ V (Seal) Printed Nam~a.n~ ~Tit Attest (Signat~ Printed Name and Title OWNER: City of Sanford Name of Ow~.~,,~ By (Signatu~'e) ~~~__,b-~ (Seal) Anthony VanDerworp - City Manager Printed Name and Title Janet R. Dougherty, CMC - City Clerk Printed Name and Title END OF SECTION SPECLIB042901 00520-3 REVISED PER ADDENDUM NO. 3