THIS AGREEMENT is byand between Port Orange^ Florida32129 ("Owner") and

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Madeline Darlene Wade
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1 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTIONCONTRACT (STIPULATED PRICE) City ofport Orange 1000 City Center Circle THIS AGREEMENT is byand between Port Orange^ Florida32129 ("Owner") and Carr & Collier, Inc merson Street Leesburg, Florida a Florida corporation ("Contractor"). The Effective Date of this Agreement shall be the date issued on the Notice to Proceed (If no date is specified then the Effective Date shall be the date on which the Agreement is signed by the last of the two parties.) Owner and Contractor hereby agree as follows: ARTICLE 1-WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Replacement of the two (2) existing and failed corrugated metal pipe (CMP) culverts with two (2) 8 ft. x 5 ft. precast concrete box culverts. ARTICLE 2 - THE PROJECT 2.01 TheProjectfor which the Work underthe Contract Documents may be the wholeor onlya part is generally described as follows: City of Port Orange Item to Bid No Ryanwood Culvert Replacement. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Andrew M. Giannini, P.E. ("Engineer") of Quentin L. Hampton Associates, Inc., which is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. Engineer shall also serve as Owner's agent for purposes of approvmg Contractor's payment requests. Luis M. Leal, P.E. shall be the representative ofthe City of Port Orange for Quentin L. Hampton. ARTICLE 4 - CONTRACT TIMES 4.01 Time ofthe Essence A- All time limits for Substantial Completion and Final Completion as stated in the Contract Documents, particularly Paragraph 4.02 below, are ofthe essence ofthe Contract. EJCDCC'520Suggested Formof Agreement Between Ownerand Contractorfor Construction Contract(Stipulated Price) Copyright O 2007NationalSocieQr of ProfessionalEngineers for EJCDC. All riglits reserved. Page! of11

2 B. All time limits for Milestone dates set forth in the Contract Documents are ofthe essence ofthe Contract Days to AchieveSubstantial Completion and Final Completion A. Unless as otherwise modified in a Notice to Proceed issued after the Effective Date of the Agreement or an allowable extension of time in accordance with Paragraph of the General Conditions, the Work shall be substantially completed within 112 days after the Effective Date ofthe Agreement. B. Unless as otherwise modified in a Notice to Proceed issued after the Effective Date of the Agreement or an allowable extension of time in accordance with Paragraph of the General Conditions, the Work shall be finally completed in accordance with Paragraph of the General Conditions within 224 days after the Effective Date ofthe Agreement. C. Ifa Notice to Proceed is issued more than 60 days from the Effective Date ofthis Agreement, then the dates for Substantial Completion and the Final Completion shall be extended by the same number of days. (For example, if the Notice to Proceed is issued 63 days after the Effective Date of the Agreement, then the Substantial Completion and Final Completion dates shall be extended by 3 days.) 4.03 Liquidated Damages A. Contractor and Owner agree and recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss that is not readily ascertainable as of the Effective Date of this Agreement if the Work is delayed and not Substantially Completed within the time period specified in Paragraph 4.02 above, plus any allowable extension of time in accordance with Paragraph of the General Conditions. Contractor agrees and recognizes that any delay to Substantial Completion shall constitute a material breach. Accordingly, Owner and Contractor agree that as liquidated damages for delay. Contractor shall pay Owner $1, for each day that expires after the date the Work is requhed to be Substantially Completed until the Contractor achieves Substantial Completion with the Work. Contractor and Owner agree and recognize that the liquidated damages set forth herein shall not be treated as a penalty and are just damages that are proportionate to any damages that might reasonablybe expected to follow from a delay to Substantial Completion. B. Owner may withhold Contractor's final payment in order offset the liquidated damages that Contractor owes Owner. Owner may also withhold progress payments if Owner reasonably believes that Contractor's fmal payment will not siifficiency cover the liquidated damages that Contractor owes Owner. EJCDC C-S20Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright Z007 National Sociefy of Professional Engineers for EJCDC. All rights reserved. Page 2 of il

3 ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum ofthe amounts determined pursuant to Paragraphs 5.01.A, 5.01.B, and 5.01.C below: A. For all Work other than Unit Price Work, a lump sum of: N/A Any allowances specifically identified and called for in the Contract Documentsare included in the above price in accordancewith Paragraph 11.02ofthe General Conditions. B. For all Unit Price Work in accordance with Paragraph of the General Conditions, an amount equal to the sum of the established unitprice for each separately identified item of Unit Price Work times the actual quantityofthat item: UNIT PRICE WORK Item Estimated Bid Unit No. Descriotion Unit Ouantitv Price Bid Price 1 Mobilization 1 LS $19, $19, Pre-Conslruction Video 1 LS $1, $1, Temporary Access Improvement and 1 LS $3, $3, Maintenance oftraffic 4 Erosion Control / Turbidity Control 1 LS $ $ Hand Locate / Expose Existing 1 LS $ $ Utilities including Sketches 6 Cleaning and Grubbing 1 LS $4, $4, Excavation, Grading, and 1 LS $4, $4, Embankment 8 Bypass Pumping/Dewartering 1 LS $8, $8, Demolition 1 LS $2, $2, Construct Concrete Box Culvert, 1 LS $155, $155, Double 8'x5'x43* long complete with Headwalls, Railing, Riprap Bank Protection 11 Water MainAdjustment lla a) 6"PVCC900PipewithaU joints restrained 45 LF $92.00 $4, IIB b) 6" Insertion Valve 2 EA $7, $15, Reconstruct Asphalt Road 12A a) Base, 12" thk, Limerock or Recycled Concrete 130 SY $45.00 $5,850,00 12B Asphaltic Concrete, 2.5" thick, Type 110 SY $5, SP Remove & Replace Concrete Curb 80 LF $30.00 $2, Concrete Sidewalk Replacement 14A a) 4" thick 50 SY $44.00 $2, EJCDC C-520Suggested Form of Agreement BetweenOwner and Contractor for Constmction Contract (Stipulated Price) Copyrigbt<D2007 National SocietyofProfessionai Engineers for EJCDC. All rights reserved. Page 3 of 11

4 15 Furnish and Install Sod 150 SY $3.00 $ Unsuitable Material 50 CY $36.00 $1, Excavation/Replacement 17 Bulk Concrete 50 CY $ $13, Record Drawing Preparation 1 LS 51, $1, Indemnification 1 LS $1, $1, Permit Fee Allowance 1 LS $1, $1, Total ofall Bid Prices (Unit Price Work) $255, The Bid Unit Prices set forth above are guaranteed prices. Although the Estimated Quantities are estimates and may increase or decrease based on determinations of Engineer, Contractor agrees and understands that the Bid Unit Prices shall remain the same irrespective of the quantities. Contractorunderstands that in agreeing to any Bid Unit Price it is agreeing to bear the risk associated with any material price increase or escalation. Owner agrees and understands that in agreeing to any Bid Unit Price it is agreeing to bear the risk associated with any material price decrease or reduction. C. For all Work, at the pricesstatedin Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing ofprogress Payments A. Contractorshall submit Applications for Payment in accordance with Article 14 of the General Conditions Progress Payments; Retainage A. Progress payments shall be made on accountof the Contract Price on the basis of Contractor's Applications for Payment during performance of the Work in accordance with Paragraph of the General Conditions. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case ofunit Price Work based on the number of units completed). Progress payments will be made in an amount equal to the percentage of the Work completed in accordance with the Schedule of Values, less the aggregate of payments previously made, less the retainage, and less such amounts as Engineer may determme Owner may withhold, including, but not limited to, liquidated damages. B. Owner shall withhold 10 percent of each progress payment as retainage until 50 percent completion. After 50 percent completion. Owner shall reduce retaiange to 5 percent of each progress payment Fifty (50%) percent completion is the point at which Owner has expended 50 percent of the Contract Price, together with all increases in the Contract Price through allowable change orders. However, if Contractor elects to withhold more than 5 percent retainage from a subcontractor(s), it may not request the release of such retained funds from Owner. EJCDCC-520SuggestedForm ofagreementbetweenownerand Contractor for ConstructionContruct(Stipulated Price) Copyright 2007National Societyof Professional Engineers for EJCDC. All rigbts reserved. Page 4 of 11

5 6.03 Final Payment A. Final Payment inclusive ofretainage shall be made to Contractor in accordance with Paragraph ofthe General Conditions. ARTICLE 7 - INTEREST 7.01 All monies not paid in strict accordance with Florida Statute shall bear interest as provided for therein. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement and in determining the Contract Price, Contractor makes the following representations: A. Contractor has carefully examined and carefully studied the Contract Documents and the other related dataidentified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance ofthe Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affectcost, progress, andperformance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4,02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings ofhazardousenvironmental Conditions, if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable "technical data." Contractor's receipt and study of such reports shall not relieve it of visiting the Site and becoming familiar withandsatisfied with the Site conditions that may affectcost,progress, and performance of the Work. E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safely precautions and programs. F. Based on the information and observations referred to in Paragraph 8.0l.E above. Contractor does not consider that further examinations, mvestigations, explorations, tests, studies, or data EJCDC C-520SuggestedForm of Agreement BetweenOwner and Contractor for Constniction Contract (StipulatedPrice) Copyright O Z007National Society of Professional Engineers for EJCDC. All rights reserved. Pagesof11

6 are necessary for the performance ofthe Work at the Contract Price, within the Contract Times, and in accordance with the other ternis and conditions ofthe Contract Documents. G. Contractor is aware ofthe general nature ofwork to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereofby Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing ofthe Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A, The Contract Documents consist ofthe following: 1. This Agreement (pages 1 to 11, inclusive). 2. Combination Paymentand Perfomiance Bond(pages 1 to 3, inclusive). 3. Other bonds (N/A). 4. General Conditions (pages 1 to 69, inclusive). In the event of any conflict between the Agreement and the General Conditions, the ternis of this Agreement shall govern. 5. Supplementary Conditions (pages 1 to 5, inclusive). In the event of any conflict between the Agreement and Supplementary Conditions, the terms of this Agreement shall govern. However, if there is any conflict betweentheterms ofthe General Conditions and the terms of the Supplementary Conditions, the Supplementary Conditions shall govern provided that the indemnification set forth in Paragraph 6.20 of the General Conditions shall govern over any indemnification set forth in the Supplementary Conditions. 6. Specificationsand Drawings consistingof 12 pages, as listed on the sheet index. INDEX 1 Cover Sheet - Vicinity Map 2 Project Notes 3 Project Overall Area 4 Existing Plan EJCDC C-520 Suggested Form of Agreemeat Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page6 of11

7 5 Existing Sections 6 Proposed Site Pain 7 Proposed Culvert Sections 8 Proposed Culvert Details 9 Structural Notes 10 Demolition Plan / Erosion Control Plan 11 Construction Details and Notes 12 Maintenance oftraffic Details 7. Addenda No. 1 (numbers I to 97, inclusive). 8. Exhibits to this Agreement (enumerated as fouows): a. Exhibit No. 1 Contractor's Bid and Schedule ofunit Prices (page 1, inclusive). b. Documentation submittedby Contractor priorto Notice of Award(N/A). c. Exhibit No. 2 Contractor's Proposal. Affidavit Regarding Worker's Compensation Certificate oflisurance for Worker's Compensation d. Composite Exhibit No. 3 City's Bid Request No (not attached, on file with City Clerk's Office) (pages 1 to 329, inclusive). 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages _ b. Work Change Directives. c. Change Orders. _ to, inclusive). NOTE TO USER Ifany ofthe items listed are not to be included as Contract Documents, remove such itemfrom the list and renumber the remaining items. EJCDCC-520 Suggested Form ofagreement Between Ownerand Contrnctorfor ConstructionContract(Stipulated Price) Copyright > 2007NationalSocietyof Professional Engineersfor EJCDC All rights reserved. Page7ofll

8 B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 ofthe General Conations. ARTICLE 10 - MISCELLANEOUS Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions Assignment ofcontract A. No assignment by a party hereto of any rights under or interests in the Contractwill be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(exceptto the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents Successors andassigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents, Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions and parts shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereofwith a valid and enforceable provision or part that comes as close as possible to expressing the intention ofthe stricken provision Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, firaudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: EJCDC C-520Suggested Form of Agreement BetweenOwner and Contractor for Construction Contract (Stipulated Price) Copyright G 2007 National Societyof ProfessionalEngineers for EJCDC. All rights resenrcd. PageSofll

9 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation offacts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establishbid or Contractprices at artificial non-competitive levels, or (c) to depriveowner ofthe benefits offree and open competition; 3. "collusive practice"means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid pricesat artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or theirproperty to influence their participation in the bidding process or affect the execution ofthe Contract. B. Contractor certifies that in the event a Lien is recorded on the Project by any person or entity providing labor, services, or materials with respect to any portion of the Work, it will immediately transfer such lien to its payment bond or take other appropriate action to unmediately remove the encumbrance No-Damage-for-Delay A. Contractor shall not be entitled to any damages (including, without limitation, expenses, costs, fees, extended field overhead and general conditions, equipment costs, home office overhead, lost productivity and inefficiency damages, additional payroll and labor costs, etc.) for any delay to its Work. Contractor's soleand exclusive remedy for a delay to its Work that is not causedby Contractor (or a personor entity performmg a portionofcontractor's scope of Work) shall be an extension of time to substantially complete and finally complete the Project; provided, however, that Owner granting Contractor an extension of time is not a condition precedent to this no-damage-for-delay provision. Contractor shall also not be entitled to any damages for disruption or interference to its Work or for having to accelerate or incur additional labor or payroll costs in orderto make up or overcome a delay to its Work so that it can maintain the dates for Substantial Completion and Final Completion. Contractor agrees that in determining and agreeing to the ContractPrice it considered this nodamage-for-delay provision and understands that it is not entitled to any damages whatsoever for a delay to its Work No Intended ThirdParty Beneficiaries A. There are no intended third party beneficiariesto the Contract. EJCDCC-^0 Suggested Form ofagraementbetween Ownerand Contractorfor Construction Contract(Stipulated Price) Copyright O 2007National Sodety ofprofessiooalengineersfor EJCDC. All rights reserved. Page9 Of 11

10 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement Counterparts have been delivered to Owner and Contractor, All portions of the Contract Documents have been signedor have been identifiedby Owner and Contractor or on their behalf. CITY OF Owner TORA By: Donald 0. Bumette Title: MayorI Date: Fih 4 Mi'i Attest: Robin L. Fenwick, CMC Title: City Clerk Address for giving notices: 1000 City Center Circle Port Orange, Florida V.'.; - r ''j Nv.. J. iwa:*".' -. - V EJCDCC-S20 Suggested Form ofagreement Between Ownerand Contractorfor Construction Contract(Stipulated Price) Copyright Q 2007National Societyof ProfessionalEngineersfor EJCDC. All rights reserved. Page 10 of II

11 Cot& Collier,. Contractor /'.> * By: Title; Date: 6 l<^si3a E. Rayl President (If Contractor is a corporation, partnership or joint venture, attach ^dence of authority to slgn») Attest: TiUe; Address givingnotices: 1410 Emerson Street Leesbuig. Florida PH: (321) ; vcincpm@gmaii.coin License No,:COC037S04 SJCDC C>520 StiggMted FonnofAgreemeat BrtwecoOwner Hitd ConfrMlor forcomtmtioncontract (Sdiralatcd Price) CopjiightO 2007 Nafioiul ^ety«rproft»ioi»l Englaeen ror EJCDC AH rlghtt reterved. Page II ofh

AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT

AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT is by and between City of Douglas, Wyoming ( Owner ) and Russell Construction Company ( Contractor ). Owner and Contractor