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HomeMy WebLinkAboutSieg and Ambachtsheer Bid Form and Agreement Form -1997 11 20 BID FORM AND AGREEMENT FORM GENERAL 1.01 THIS AGREEMENT, made this 2fl day of November 199 7 , by and between (1) the Citv of Winter Springs ,hereinafter called the OWNER, and 12) Sieg & Ambachtsheer Inc. doing business as a (3) Corporation ,and hereinafter called the CONTRACTOR. 1.02 WHEREAS, the OWNER and the CONTRACTOR are desirous of entering into an Agreement for construction of the Repairs at Northern Wav Bridge by CONTRACTOR for OWNER. NOW, THEREFORE, for and in consideration of the mutual promises hereinafter exchanged the parties agree as follows: 1. Contract Documents -The Contract Documents consist of this Agreement; all Technical, General, and Supplementary Conditions and Sections contained in the Project Manual; the Drawings as listed on the Bid Form and Index to Drawings; 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. 2. Scope of Work -The CONTRACTOR shall perform all work required by the Contract Documents for the construction of Repairs at Northern Way Bridge 3. Contract Time -The CONTRACTOR shall begin work within ten (10) days after the issuance of a written Notice to Proceed and shall complete the work within ninety (90) calendar days from the date of the Notice to Proceed. 4. 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 3 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 5100.00 for each day that expires after the time specified in Paragraph 3 for final completion until the work is finally complete. 5. Contract Price, Lump Sum Contract - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, a Total Contract Price of Forty-eight Thousand Nine Hundred Twenty-five and 00/100 Dollars (5 48,925.00) for the base bid. The OWNER reserves the right to award the project to the lowest responsive bidder. Payments will be made to the CONTRACTOR based on the Lump Sum Bid amount, the Schedule of Values, and subject to completion of the work, in accordance with the Contract Documents. 6. Pavments -The OWNER will make payments as provided in the General Conditions and Supplementary Conditions. 11) OWNER 12) CONTRACTOR (3) Sole Proprietor, Partnership, or Corporation '_ 7. Engineer - The Project has been designed by Conklin, Porter &Holmes-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. 8. Bond -CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and to the satisfaction of OWNER. 9. MediationNenue -The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in a mediation. The parties agree to mutually select a mediator and in the event they cannot mutually agree upon a mediator, one will be appointed by the American Arbitration Association. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 10. CONTRACTOR warrants the Repairs at Northern Wav Bridge will be fit for the City's intended use and purpose and will comply with all Federal and State laws and regulations. 1.03 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Name off F~rr~rr-1 ~^ .rr nd'tt1~e ant!'T;(tle) V.C. Lane, Vice President Attest OWNER: (Seal) (Seal) 2 The City of Winter Springs Name of Firm