986-Maxwell ContractingSECTION 00520
AGREEMENTFORM
PART 1 GENERAL
1.01 THIS AGREEMENT, made this ay of ,c~.~ , by and between
~, hereinafter called the Owner, and Maxwell Contractinq, 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 - latest edition, 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 Airport Blvd. And Old Lake Mary Rd. Utility Construction (IFF~
02/03-11 ).
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 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.
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
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1.03
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 million three hundred seventy-three and 00/100
Dollars ($1,373,000.00). 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 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
CONTRACTOR:
Maxwell Contractinq, Inc.
Name of Firm ~
By
,Bryan~h'-L--~axwell - President
Printed Name and Title
Attest (Signature)
(Seal)
Renee L. Maxwell - Secretary/Treasurer
Printed Name and Title
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00520-2
OWNER:
City of Sanford
By (~gnature) / ' "-
(Seal)
Brady Lessard - Mayor
Printed Name and Title
Janet R. Doughedy, CMC - City Clerk
Printed Name and Title
END OF SECTION
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