846-Wharton-Smith Inc Phase 1AGREEMENT
THIS AGREEMENT, made this~day by and between the City of Sanford,
hereinafter called the Owner, and Wharton-Smith, Inc. doing business as a corporation, 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
Reclaimed Water Augmentation Facility - Phase I.
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The Contractor will furnish all of the material, supplies, tools, equipment, labor and other
services necessary for the construction and completion of the Sanford Reclaimed
Water Augmentation Facility - Phase I as described herein.
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 complete the work within two-hundred twenty five (225) consecutive calendar
days unless the period for completion is extended otherwise by the Contract
Documents.
It is expressly understood that actual damages will be sustained by the Owner upon the
Contractor's failure to complete construction within the time stipulated above. Should
the Contractor fail to complete the construction in the stipulated time period, the Owner
shall be entitled to recover from the Contractor, the sum of One Thousand Five
Hundred Dollars ($1,500) for each calendar day the work remains uncompieted after
the stipulated construction period; 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.
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It is further understood that the methods of accomplishing the work of this project as
shown on the 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.
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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.
The Contractor agrees to perform all of the work described in the Contract
Documents for the construction of the Sanford Reclaimed Water Au...Imentation
Facility-Phase land comply with the terms therein for a total Contract Price
of One Million One Hundred Ninety Two Thousand Dollars ($1,192,000).
The Contract Documents consist of this Agreement; the Conditions of the Contract
and Specifications as listed in the Index to the Project Manual; the 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 her.in.
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.
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.
The Contractor shall certify at the time of each progress payment that the work
covered bythe 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.
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.
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: City o~,~_~ ,~.~.~
By:
Name: Tony VanDerworp
(Please Type)
Title: City Manager
(SEAL)
Atte~ - ~
Name: Janet R. Dougherty
(Please Type)
Title: City Clerk
Contractor: Wharton-Smith, inc.
Address: 750 County Road 15
By: ~~
Name: George F.. Smith
(Please Type)
Title:
President
(SEAL)
Attest: (.~~' ~
Name: William C. Robinson,
(Please Type)
Jr.
Title: Corporate Secretary