HomeMy WebLinkAbout1019-Wharton-Smith Inc Primary AGREEMENT
THIS AGREEMENT, made thi day of
City of Sanford, hereinafter called the Owner, and�V 7Y1—
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2004, by a nd ' between the C%4 (�tC'_ , doing
business as a(n) (individual, partnership corporatio , and hereinafter called the Contractor.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned:
1. The Contractor will commence and complete the construction of the Sanford North
WRF - Primary Treatment / Disinfection System Improvements.
2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other
services necessary for the construction and completion of the Sanford North WRF -
Primary Treatment / Disinfection System Improvements as described herein.
3. The Contractor will commence the work required by the Project Manual /Contract
Documents within ten (10) calendar days after the date of the Notice to Proceed and
shall substantially complete the work within two hundred seventy (270) consecutive
calendar days, or December 11, 2004 and finally complete the work within three
hundred (300) days, or January 11, 2005 unless the period for completion is extended
otherwise by the Contract Documents.
4. It is further understood that the methods of accomplishing the work of this project as
shown on the Contract Drawings are general in nature and not intended to be complete
or accurate in all details or respects with actual field conditions and the Contractor shall
make such adjustments or departures as required and as approved by the Engineer
and Owner to accomplish the intent. If the Contractor determines that departures are
necessary from the Contract Documents, he shall submit such departures and the
reasons therefore with shop drawings to the Engineer. Approved departures shall be
made at no additional cost to the Owner.
5. No change orders, additions, modifications or deletions shall be allowed nor
compensable unless the Contractor has "prior' written approval from the Owner. Said
"prior" written approval must specify the nature of the change and any adjustment to the
time of completion and contract price.
6. The Owner will pay to the Contractor in the manner, and at such times as set forth in
the General Conditions, such amounts required by the Contract Documents.
7. The Contractor agrees to perform all of the work described in the Contract
Documents for the construction of the Sanford North WRF - Primary Treatment
/ Disinfection System Improvements and comply with the terms therein for a Total
Base Bid Amount of Two Million Eight Hundred Forty Seven Thousand Dollars
$2,847,000 ).
8. It is expressly understood by both the Owner and Contractor that time is of the
essence with respect to the Project and Agreement and that the Owner will suffer
financial loss if all of the Work is not substantially complete within the time frame
identified in Article 3 above, plus any extensions thereof allowed in accordance with
the General Conditions. The Owner and Contractor also recognize the delays,
expense and difficulties involved in proving, in a legal arbitration proceeding, the
actual loss suffered by the Owner if the Work is not substantially complete "on- time'.
Accordingly, instead of requiring such proof, the Owner and Contractor agree that the
Contractor shall pay the Owner the sum of One Thousand Five Hundred Dollars
($1,500) for each calendar day that expires after the time stipulated in Article 3 above
for substantial completion until the Work is substantially complete; which amount is
hereby agreed upon as a measure of the liquidated damages that the Owner will
sustain by reason of any such failure of the Contractor as stated before; further, it is
understood and agreed that said sum is not considered in any sense to be a penalty.
It is also agreed that if the Project Work is not "Finally Complete" by the time
stipulated in Article 3 above, in accordance with the Contract Documents, the
Contractor shall pay the Owner liquidated damages for delay, and not as a penalty,
in the amount of two - thirds ( /3) of the rate set forth above.
9. The Contract Documents consist of this Agreement; the Conditions of the Contract
and Specifications as listed in the Index to the Project Manual; the Contract Drawings
as listed in the Index to the Drawings; all Addenda issued prior to and all Change
Orders issued after execution of this Agreement. These form the Contract and are
as fully a part of the Contract as if attached to this Agreement or repeated herein.
10. Progress payments will be made in an amount equal to 90% of the value of the Work
completed, less, in each case, the aggregate of payments previously made. At the
sole discretion of the Owner, monthly progress payments may be increased after fifty
(50) percent of the work is completed to ninety -five (95) percent of the value of the
Work completed less the aggregate of previous payments provided that: (1) the
Contractor is making satisfactory progress, and (2) there is no specific cause for
greater withholding. However, the Owner may subsequently resume retaining ten
(10) percent of the value of the Work completed and materials delivered if, in the sole
determination of the Owner, the Contractor is not performing according to the
Contract Documents or not complying with the current progress schedule.
11. The Contractor shall certify at the time of each progress payment that the work
covered by the partial payment has been completed in accordance with the Contract
Documents and that all amounts have been paid by the Contractor for which previous
certificates or payment were issued and that all subcontractors and materialmen have
been paid. The Contractor shall consent to joint checks with subcontractors and
materialmen in the event it fails to make timely payments when due or to submit
affidavits or certificates as requested herein.
12. 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.
13. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in quadruplicate, each of which shall be deemed an original on
the date first above written.
Owner: The-City of Sanford, Florida
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Name: Rea} Me
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Title: 44414v 4N%eter
(SEAL)
Name: T9^vCT O0v(r,4447Y
(Please Type)
Title: CITY CLERK
Contractor: Wharton -Smith Inc
Address: 750 County Road 15
Name:
Title: President /CEO
George E. Smith
(Please Type)
(SEAL)
Attest: C
Name: William C. R obinson, Jr.
(Please Type)
Title: Corporate Secretary