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947-Magnolia Ave. Water Ext. SECTION 00525 AGREEMENT FORM PART 1 GENERAL 1.01 THIS AGREEMENT, made this ~_ day o[~~~ ,2002, by and between (1) City of Sanford, hereinafter called the Owner, and (2) _Central Florida Tapping and Construction Services, Inc. doing business as a (3) Corporation, and hereinafter called the Contractor. (1) 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 (4) City of Sanford - Magnolia Avenue Reclaimed Water Main Extension (IBF # 01 / 02 - 40). The scope of work includes the _BASE BID and ALTERNATE BID ITEM 1 . (4) Name of Project identified in Invitation for Bids C. Contract Time The Contractor shall begin work within 10 days after the issuance of a written Notice to Proceed and shall Substantially Complete the work within (5) Seventy-five 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. (5) As specified in paragraph 1.02/C/5 of the Bid Form SPECLII~081(~00 00525'1 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 $300.00 for each calendar day that expires after the time specified in Paragraph C for substantial completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one-fourth (~,4) of the rate set forth above. E. Contract Price Lump Sum Contract The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Thirty-nine thousand, nine hundred and three and no/100. Dollars ($ 39,903.00 ). Payments will be made to the Contractor based on the Lump Sum Bid amount, the Schedule of Values included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein, 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. 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. SPECUB081 so0 00525-2 1.03 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written° CONTRACTOR: Central Florida Tapping and Construction Services. Inc. Name of Firm Printed Name and Tit% OWNER: City of Sanford Name of Own ;'c7-~ ..... ) (Seal) By ( ture) o-~'~y Va'/~ez:woz:p, C~,t:y I~anaSer Printed Name and Title Printed Name and Title END OF SECTION 00525-3