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1013-Progressive Contractors InSECTION 00520 N AGREEMENT FORM = a LO PART 1 GENERAL 1.01 THIS AGREEMENT, made this JL —/ day of by and between City of Sanford , hereinafter called the OWNER, and Progressive Contractors. Inc. doing business as a Corporation and hereinafter called the C143m 7L"11501 7 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 - 2000 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 Roosevelt Avenue / 19' Street Sanitary Sewer and Lift Station – Phase II (IFB 03/04 -2). 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 120 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 600 for each calendar day that expires after the time specified in Paragraph C for substantial completion until the 00520 -1 SPECLIB062803 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 (Y<) 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 four hundred eighty -seven thousand eight hundred thirty five and 63/100 Dollars ($487.835.63 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: Name of Firm J By (Signature) Printed Name and Title ATTEST: By (Signature) Printed Name and Title (SEAL) 00520 -2 SPECLIB052803 OWNER: City of Sanford Name of Ow er By (Signature) All Grieshaber. Jr. - City Manager Printed Name and Title ATTEST: ul� . �-,,/� }3'y (Signature) Janet R. Dougherty.CMC - City Clerk Printed Name and Title END OF SECTION (SEAL) 00520 -3 SPECLIB052803