1012-Gibbs & Register 2/26/2004SECTION 00520
AGREEMENT FORM
PART1 GENERAL
(,� _ ) l "Z
1.01 THIS AGREEMENT, made thisaA day of \ G lh � a�'C' by and
between 1) City of Sanford , hereinafter called the OWN , and 2) Gibbs & Register,
Inc. , doing business as a 3) 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 — 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 Airport Boulevard Phase III Utility Relocations(IFB 03/04 -1).
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 150 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
N
D�
00520 -1
SPECLIB052803
pay the OWNER as liquidated damages for delay, and not as penalty, one - fourth
(%) 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 one hundred forty -four
thousand Dollars ($1,144,000.00) 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:
Gibbs & Register, Inc.
Name of Fi '' /
_� � X_�3j
(SEAL)
Y /TREASURER
00520 -2
SPECLIB052803
Printed Name and Title
Printed Name and Title
OWNER:
City of Sanford
Name of Owner
Al Grieshaber, Jr. - City Manager
Printed Name and Title
ATTEST:
�ur
(Signature)
Janet R. Dougherty.CMC - City Clerk
Printed Name and Title
END OF SECTION
00520 -3
SPECLIB052803