1081-Nile Underground Tech-24thSECTION 00520
AGREEMENT FORM
PART 1 GENERAL
1.01 THIS AGREEMENT, made this �Iday of Aix.
, by and between City of Sanford hereinafter ca led the Owner, and Nile Underground
Technologies. 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 24` Place Sewer Replacement (IFB 05/ -05).
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 $500 for each calendar day that
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SPECLIB0725
NAME OF PROJECT: 24 ` Place Sewer Replacement (IFB 05 /06 -05)
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
pay the OWNER as liquidated damages for delay, and not as penalty, one-fourth
(Y-) of the rate set forth above. shall
E. Contract Price
Unit Price Contract
The Owner will pay the Contractor in current funds for the
work, subject to additions and deductions by Change Order and subject to the
Measurement and pa performance of the
quantities; the Total Contract Pri e Three hundred ei ht -four thousand r t
hundred thirty-three and 50/100 Dollars 384 333.50). Pa hree
to the Contractor on the basis of the Schedule of Unit Prices included as a part of
his Bid, which shall be as full a Pay will be made
herein. Y Part of the Contract as if attached or repeated
F. City of Sanford Tax Recovery
The Owner reserves the right to purchase directly, via its purchase various construction materials, supplies and equipment that may be part off orders,
s
contract. The Contractor hereby acknowledges that the Owner has the right to
exercise this option and that Contractor will cooperate fully to enable the Owner
to achieve the tax recovery savings applicable to the materials, supplies and
equipment so designated by the Owner.
G. Payments
The Owner will make payments as provided in the General Conditions and
Supplementary Conditions.
H. 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.
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.
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NAME OF PROJECT: 24" Place Sewer Replacement IFB 05/06 -05
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
CONTRACTOR:
�TTEST:
4 By __ (Signature) ��
/ � QQ
Ie) � 7
&or, c r i n1� f� "j"
Printed Name and Title
OWNER:
City of Sanford
Name of Owner
By (Signature
Robert P. Yehl City Manager
Printed Name and Title
ATTEST:
y (Signature)
Janet Dougherty City Clerk
Printed Name and Title
END OF SECTION
SPECLIB072505
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(SEAL)
(SEAL)
NAME OF PROJECT: 24' Place Sewer Replacement (IFB 05/n6-05)
Nile Underground Technologies Inc