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169-The Crom Corporation May 20, 1980 ~ (-----r ~ ~ct-"r , ~_-:J~f - ---., _ .,_,: u...." "~t~_ ,~-- -- --=::. - J- ~/;:;';::r R. BRUCE SIMPSON, PRESIDENT RICHARD G. MOORE, P.E. THEODORE R. CROM, P.E. JAMES A. NEFF, P.E. DUDLEY H. CUNNINGHAM, C.P.A, LARS BALCK, JR" P.E. H. E. PUDER R. KELLY CLARK, P.E. \ THE CROM CuRPORATION DESIGNERS &- BUILDERS OF PRESTRESSED TANKS 250 S.W. 36th Terrace Office Park West Area Code 904-372-3436 GAINESVILLE, FLORIDA 32607 Mr. W. E. Knowles City Manager City of Sanford P. O. Box 1778 Sanford, Florida 32771 Subject: 700,000-Gallon Ground Storage Tank Main Water Plant City of Sanford, Florida Our Job No. 8019 Dear Mr. Knowles: In accord with your letter of May 13, we are enclosing a copy of the agreement which has been executed and the performance bond on the upcoming water tank. By separate letter, our insurance carrier will be transmitting to your offices a copy of our Certificate of Insurance. In reviewing this, should you have any questions, please don't hesitate to call us. Very truly yours, ~ ~ORATION Richard G. Moore, P.E. Senior Project Manager RGM:bg Encl. WATER RESERVOIRS. PROCESS TANKS. DOMES. CIRCULAR PRESTRESSING WASTE WATER TREATMENT TANKS Section 1-4 Agreement 1-4.1 This Agreement, made as of the 19th day of May , 1980 by and between the City of Sanford, Sanford, Florida, hereinafter called the City, and Crom Corporation hereinafter called the Contractor, Witnesseth, that the City and the Contractor, for the con- siderations stated herein, agree as follows: 1-4.2 Scope of Work The Contractor shall provide and furnish all of the necessary labor, supervision, material, tools, expendable and permanent equipment, and all utility and transportation services required to perform, and shall perform and complete in a workmanlike manner, all of the Work described as: 700,000 Gallon Ground Storage Water Tank for the City of Sanford, Sanford, Florida. All Work shall be performed in strict accordance with the Drawings and Specifications prepared by the Engineering Depart- ment and in strict compliance with the Contractor's Proposal as accepted, including any amendments agreed upon at the time of execution of this Agreement, and with the other Contract Documents herein mentioned which are a part of this Contract. 1-4.3 Time of Commencement and Completion of Work The Contractor hereby agrees to commence Work under this - 14 - Contract on or before thirty (30) calendar days after mailing of a written "Notice to Proceed" by the City and to fully complete the project within 120 consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $200.00 for each consecutive calendar day thereafter. 1-4.4 Authority and Responsibility of Engineer All Work shall be done under the general administration of the Engineer. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, Work performed, rate of progress of Work, interpreta- tion of Drawings and Specifications, and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. 1-4.5 Contract Documents The Contract is comprised of the Contract Documents and Plans in the following list: A. Agreement (this instrument) B. Addenda to Contract Documents, Nos. NONE. NONE. NONE C. Other Procedural Documents 1. - Proposal 2. Information to Bidders 3. - Advertisement D. Plans E. Detailed Specifications Requirements - 15 - " F. Supp!emental General Conditions of the Contract G. Performance Bond H. proposal Guaranty I. Method and Basis of Payment In the event that any provision of one contract Document con- flict~ with the provision of another Contract Document, the provision in the Contract Doct@ent first listed above shall govern. 1-4.6 In Witness whereof, the Parties hereto have caused this Instrument to be executed in two original counter parts the day and year first above written. ( Attest: contra~:a C\-")'O\'l\=?-O )~". ~P^~ itle (SEAL) (SEAL) C flY of Att~~ ~ft-tJF-oM city By 41hV-VvL tJ /~ I ' . /rt::rIAlG ~'TY MANA~ - 16 - "",' "~' . ...'-/;"'u ";. '1[1. tii1 ~ ~ W r;,:I:l'1'''~1 g g g D D ~C!fl~ .1m!Im C!:'J lJ Imim · Q o' .. ,~'~'-<"'., lI/" .iJm,) ;.<'_;;~i:~_ . . HOWARD HALL AGENCY,INC. COMPANY A P. O. DRAWER HH LETTER GAINESVILLE, FLA 32602 COMPANY B LETTER NAME AND ADDRESS OF INSURED C COMPANY THE CROM CORPORATION LETTER 250 S. W. 36TH TERRACE COMPANY 0 GAINESVILLE, FLA LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY POLICY Limits of Liability in Thousan s LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH OCCURRENCE GENERAL LIABILITY 500 500 BODILY INJURY $ $ A [XI COMPREHENSIVE FORM [XI PREMISES-OPERATIONS PROPERTY DAMAGE $ 100 $ 100 [XJ EXPLOSION AND COLLAPSE L 1302622 1/1/81 HAZARD [il UNDERGROUND HAZARO [il PRODUCTS/COMPLETED OPERATIONS HAZARD BODIL Y INJURY AND [XJ CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ [XJ BROAD FORM PROPERTY COMBINED DAMAGE [XJ INDEPENDENT CONTRACTORS [XJ PERSONAL iNJURY PERSONAL INJURY $ 500 AUTOMOBILE LIABILITY BODIL Y INJURY [iJ COMPREHENSIVE FORM (EACH PERSON) A BODILY INJURY $ [XJ OWNED LBA 1302622 1/1/81 (EACH ACCIDENT) [XI HIRED PROPERTY DAMAGE $ GO NON-OWNED BODIL Y INJURY AND PROPERTY DAMAGE $ 500 COMBINED EXCESS LIABILITY BODIL Y INJURY AND B [XJ UMBRELLA FORM 523 0849428 1/1/81 PROPERTY DAMAGE $ 3,000 $ 3,000 o OTHER THAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY -== A and 1/1/81 100 EMPLOYERS' LIABILITY WC 1001528 $ ([,6CH ACCIDENT) OTHER !,...:.<t :,:':~:~~">... .-;,... ~..- :; ,<'~:~ ,- , ... ._~ ....:-.:...:.^,.. ..,-::".-.~ . ~.-~.:',. I I I I F= I t I DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLES Re: 700,000 Gallon Prestressed Concrete Ground Storage Tank - Main Water Plant Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail -3!L days written notice to the below named certificate holder. but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: 5/20/80 City of Sanford P. O. Box 1778 Sanford, Florida 32771 --N~ .-' :-'.'?,<',.' ..~;.:;. . ~'~'-':;' -,~;.:~~\~:;:;'>;::.\:.-~~~i~'~:;2t~;BX1~':'-.~1'}l{:il;r:: .<,(~' f;'.;'~ ........ --",. . '~_..~.'.. SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK. N. Y. PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we THE CROM CORPORATION, Gainesville, Florida as Principal and SEABOARD SURETY COMPANY, as Surety, are bound to CITY OF SANFORD, Sanford, Florida herein called Owner, in the sum of two hundred twenty-eight thousand, three hundred fifty-nine & 00/100 ----------------($228.359.00) Dollars for the payment of which we bind ourselves, our personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated May 19, 19 80 , with Owner for furnishing all necessary labor and materials. and to construct a 700,000 Gallon Pre-stressed Concrete Ground Storage Tank which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. performs the contract at the times and in the manner prescribed in the contract and 2. promptly makes payments to all persons supplying Principal with labor, materials and supplies, used directly or indirectly by Principal or subcontractors in the prosecution of the work provided for in the contract as prescribed by section 255.05 or section 713.23, Florida Statutes, whichever is applicable to the contract, and 3. pays Owner all loss, damages, costs and attorneys fees that Owner sus- tains because of default by Principal under the contract and 4. performs the guarantee of all work and materials furnished under the contract applicable to the work and materials, then this bond is void; otherwise it remains in full force. The provisions and limitations of section 255.05 or section 713.23, Florida Statutes, whichever is applicable to the contract, are incorporated in this bond by reference. SIGNED AND SEALED ON May 19, 80 ,19-. (Seal) Ti tle) (Seal) " '. -. t I. 8273 SL BOARD StrRETY CO:\IP.. NEW YORK, NEW YORK POWER OF ATTORNEY 'Y \' .. -rti'fied Copy ~NOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY ~OMPANY, a. corporation of the State New York. has made. constituted and appointed and by these presents does make. ccnstltute .md appomt Howard Hall or Joseph E. Rossano or Barbara B. Hall or william F. Carter--------------------------------------- : Gainesville, Florida s true and lawful Attorney-in-Fact. to make, execute and deliver on its behalf insurance policies, surety bondi, under. lkings and other instruments of similar nature as follows: Without Limitations. uch insurance policies. surety bonds, undertakings and instruments for said }Jurposes. when duly executed by the a!l)resaid .ttorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers t the Company and sealed with its corporate seal; and all the acts of said Attorney-inFact. pursuant to the authority hereby iven, are hereby ratified and confirmed. his appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Com- my on December 8th, 1927. with Amendments to and including April 6, 1978 and are still in full force and effect: RTICLE VII. SECTION 1: "Policies, bonds, recognizances. ,Itipulationl, conaents of lurety, underwriting undertaldnp and inltruments relatinl thereto. tlsurance policies, bonds, recognizances. stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and ther writings relating in any way thereto or to any claim or loss thereunder. shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary, Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chair- Ian of the Board. thl' President or a Vice President to make such signature; or (c) by such other officers or representatwes as the Board may .om time to time determille, . . The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or represen'.ative." N WITNESS WHEREOF. SEABOARD SURETY COMPANY has caused these presents to be signed by one fl/4s Vice- :>residents, and its corporate s~al to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ..~.................... lay of ........p..~g.~.~~.............~..........., 19...7.1.. ~ttest: '" SF-ABOARD SURETY COMPANY. , )~) B . ~e~ri I ! ~ . ~~~.~.. ~:....~!?~~~.... .... ........................ _~....~:...:~.~...~~!~~.~~.............................................. ~ Assistant ~ecretary Vice-President ; OF NEW YORK ~ :OUNTY OF NEW YORK S ss.: )n this ...~.?~~.................... day of ............................~!.~~!E............................................... 19...~.?..... before me personally appeared ....................EA...TA...GMnlle~.$.cm.......................................................... ........ a Vice-President of SEABOARD S URETY COMPANY, vith whom I am personally acquainted. who. being by me duly sworn. said that he resides in the State of .....11e.w..York...............; hat he is a Vice-President of SE.-\BOARD SCRETY COMPANY, the corporation described in and which executed the fore- ~oing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate eal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice- )resident of said Company by like authority. ~~ .' .:: ..--.......(;.gt.,ate of New York . / ' , _,cO' i~\ 43-8468870 Qualified in Richmond county _. '. pucuc ;<:;ert. filed in New York County ~Ommission Expires March 30, 1980 Margaret M. Quinlan -.......................................................................................... Notary Public CERTIFICATE I, t~e u~dersigned Assistant Secretary of SEABOARD Sl;RETY COMPANY do hereby certify that the original Power of Attorney of which he foregomg IS a full, true and correct copy. is in full force and effect on the date of this Certificate and I do further certify that the Vice President ;h~ execut;od the said Power rf ft. t~arney was one of the Officers authorized hy the Board of Directors to '1ppoint an attorney-in-fact as provided in \rucle VII, Section I, oi the Ey-L."". of SEABOARD SCRETY COMPAKY. This Certificate may he signed and sealed hy facsimile under and by authority of the following resolution of the Board of Director~ of SEA- IOARD SURETY CO~IPAXY at a meeting duly called and held on the 28th day of June 1978. "RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice-President .pursuant to Article VII, Section 1, of the By-Laws appointing and authorizing an attorney-in-fact to siltn in the name and on behalf of the company surety bonds. \B'Iderwritinlt undertakings or other instruments described in said Article VII. Section 1. with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." w_ "' (.... ..R)