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1069-Progressive-Airport Lift Section 00520SECTION 00520 AGREEMENT FORM PART 1 GENERAL 1 1.01 THIS AGREEMENT, made thiszay of Z.tZ yby and between City of Sanford hereinafter called the Owner, and Progressive Contractors, 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 include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretations and clarifications issued on or after the Effective Date 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 Lift Station and Force Main Improvements (IFB 03/04- 26 ). 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 270 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, 00520 -1 NAME OF PROJECT: Airport Lift Station and Force Main Improvements (IFB 03104 -26) 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 (' /a) 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 two hundred seventy thousand nine hundred seventy -five and 85/100 Dollars ($1,270.975.85 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. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. G. Retainage The value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this project is 10 %, to be held by Owner as collateral security to ensure completion of Work. The Owner is not obligated to reduce retainage at any time during the Contract, but may choose to do so at its discretion once the Work is at least 75% complete. H. 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. 00520 -2 NAME OF PROJECT: Airport Lift Station and Force Main Improvements (IFB 03/04 -26) IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Name of Firm�� By (Signature) (SEAL) Gerald Randall, President Printed Name and Title A EST: By (Signaturq C [/Y_'�/L �Gh0/ 4 , Printed Name and Title S OWNER: Citv of Sanford Name o wner By (Signature) (SEAL) Al Grieshaber, Jr.. City Manager Printed Name and Title ATTEST: gk�A . �� /� (Signature) V 1 Janet Dougherty, City Clerk Printed Name and Title 00520 -3 NAME OF PROJECT: Airport Lift Station and Force Main Improvements (IFB 03/04 -26)