Base_Agreement.pdf

A G R E E M E N T

THIS AGREEMENT ("Agreement"), made and entered into on the ____ day of ______________, 20____ (“Effective Date”), by and between ___________________________________________, ("Contractor") and the City of St.

Petersburg, Florida, ("City" or "Owner").

WITNESSETH:

NOW, THEREFORE, in consideration of the promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Contractor and the City agree as follows:

a) The Contractor shall furnish all material and perform all of the work for:

Project Name

St. Petersburg, Florida, Project No. XXXXX-XXX (“Project”), and in full and complete accordance with this Agreement and the Contract Documents. Contract Documents shall mean, collectively, the General Conditions and supplementals thereto, Specifications and supplementals thereto, the Plans, the Solicitation and any addenda thereto, and the Bid (as those terms, i.e., Specifications, Plans, Solicitation, and Bid, are defined in the General Conditions).

b) This Agreement and the Contract Documents form the contract ("Contract") between the City and Contractor.

c) Contractor shall commence the Work (as described in the Contract Documents) within ten (10) calendar days after the City issues the Notice to Proceed (as defined in the General Conditions). After the City issues a Notice to Proceed, Contractor shall (i) reach Substantial Completion (as defined in the General Conditions) of all Work within the time period stated in the Notice to Proceed, and (ii) reach Final Completion within thirty (30) calendar days after the City’s delivery of the punch list in accordance with the Contract, unless a longer period of time to reach Final Completion is set forth in the punch list (collectively, (i) and (ii), “Contract Time”).

The Contract Time may be modified by a Change Order (as defined in the General Conditions) or amendment.

d) Provided that Contractor faithfully performs its obligations contained in the

Contract, the City hereby agrees to pay Contractor at the time and in the manner set forth in the Contract Documents an amount not to exceed

(“Contract Price”), subject to additions and deductions as provided in the Contract.

e) Time is of the essence in the Contract. The parties agree that it would be extremely difficult and impractical under known and anticipated facts and circumstances to ascertain and fix the actual damages the City would incur if Contractor does not achieve Substantial Completion within the time stipulated in the Contract.

Therefore, Contractor shall be liable for and shall pay to the City the sums hereafter stipulated as fixed, agreed and acknowledged as reasonable liquidated damages, not as a penalty, for each calendar day of delay until the Work reaches Substantial Completion, in the following aggregate amounts:

Original Contract Amount Daily Charge per Calendar Day $50,000 and under ................................................................................ $500 Over $50,000 but less than $500,000 ................................................ $1,000 Over $500,000 but less than $5,000,000 ........................................... $1,500 Over $5,000,000 but less than $15,000,000....................................... $2,000 $15,000,000 and over ........................................................................ $4,000

These liquidated damages shall be the City’s sole and exclusive damages for Contractor’s delay of the Work.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written.

(Company Name)

By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Signature of Corporate Officer)

WITNESSES:

By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Printed Name)

By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Printed Name)

CITY OF ST. PETERSBURG, FLORIDA

By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Procurement and Supply Management Director

Date

By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ City Clerk (Designee)

APPROVED AS TO FORM:

By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ City Attorney (Designee)

Doc 00435746 (last updated March 2019)

Project No. XXXXX-XXX

(Acknowledgment of Contractor, if a Corporation)

(State of ______________________) (County of ____________________) (City of _______________________)

The foregoing instrument was acknowledged before me this _____ day of ________________ 20____, by __________________________________________________________________

(Name and Title of Officer or Agent)

And _________________________________ of ____________________________________

(Name and Title of Officer or Agent) (Name of Corporation) a __________________________________ Corporation, on behalf of the corporation, he/she is (State of Incorporation) (Select) personally known to me or has produced ___________________________ as identification and (Type of Identification)

_______________ take an oath; and appeared before me at the time of notarization.

(Did/Did Not)

The undersigned warrants that he/she is authorized by the Board of Directors (Select) of said __________________________________________________ to execute this Contract.

(Name of Corporation)

NOTARY PUBLIC:

Sign: _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _

Print/Type: __________________________

(Seal)

a) The Contractor shall furnish all material and perform all of the work for: