673-Wharton Smith Aerobic Diges --', ~, on '-
sEcTIoN 00500
AGREEMENT FORM
1. GENERAL
1.01 THIS AGREEMENT, made this ~. ~o day of October , 1997, by and
between the City of Sanford, hereinafier called the OWNER, and (2)
Wharton-gmi th, Tnc . doing business as (an individual, partnership,
corporation), hereinafter called the "CONTRACTOR".
1.02 The Owner and Contractor agree as follows:
A. The CONTRACTOR will commence and complete the construction of the City of
Sanford, Florida, AEROBIC DIGESTION SYSTEM IMPROVEMENTS.
B, The CONTRACTOR will furnish all of the material, supplies, tools, equipme~: labor
and other services necessary for the construction and completion of the project
described herein.
C. The Contract Documents consist of this Agreement; all Technical, General, aRd.
Supplementary Conditions and Sectbns contained in the Project Manual; the
Drawings as listed on the Bid For~ and Index to Drawings; all Addenda issued prior
to and all Change Orders issued after execution of this Agreement. These form the
Contract and all are as fully a part of th& Contract as if attached to this Agreement
or repeated herein.
D. The CONTRACTOR shall commence the work required by the Contra~t Documents
within ten (10) days after the issuance of a written Notice to Proceed and shall
complete the work within one hundred eighty (180) calendar days unless the period
for completion is extended otherwise by the Contract Documents.
E. The OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not
substantially complete within the time specified in Paragraph D above, plus any
extensions thereof allowed in accordance with the General Conditions. They 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 any such proof,
the OWNER and CONTRACTOR agree that as liquidated damages for delay (but
not as a penalty), the CONTRACTOR shall pay the OWNER the sum of five
hundred ($500.00) for each day that expires after the time specified in Paragraph
D for final completion until the work is finally complete.
00500-1
li is further understood tl?""".he methods of accomplishing the wo"""'%f this project
as shown on the Drawings are general in nature and not intended Lo be complete
or accurate in all details or respects with actual field conditions and the
CONTRACTOR shall make adjustment or departures as required 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.
G, No change orders, additions, modifications or deletions shall be allowed nor
compensable unless the CONTRACTOR has prior wdtten approval from the
OWNER. Said pdor written approval must specify the nature of the change and any
adjustment to the time of completion and contract price.
H. The CONTRACTOR agrees to perform all of the work described in the Contract
Documents for the City of Sanford, Aerobic Digestion System Improvements and
comply with the terms therein for a TOTAL BtD AMOUNT of $ 32 7,0 O0
I. The OWNER will pay to the CONTRACTOR in the manner, and at such times as
set forth in the General Conditions, such amounts as required by the Contract
Documents.
J. Progress payments will be made in an amount equal to ninety (90) percent of the
value of the work completed, less,. in each case, the aggregate of payments
previously made. At the sole discretion of the OWN ER, monthly progress payments
may be increased after fifty (50) iSercent of th, e work is completed to ninety-five (95)
percent of the value of the v;,ork completed less the aggregate of previous payme nts
provided that the CONTRACTOR is making satisfactory progress and there is no
specific cause for greater withholding. However, the OWNER may subsequently
resume retaining ten (10) percent of the value of 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.
K. The CONTRACTOR shalt cedify 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 of 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.
L. The Project has been designed by Conkiln, Porter & Holmes-Engineers, Inc.,
referred to in the documents as the ENGINEER, whose authority dudng the
progress of construction is defined in the General Conditions and Supplementary
Conditions.
M. This agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
00500 - 2
1.03 IN WITNESS WHE,,dOF, the parties hereto have execu,~J, 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 of Sanford, Florida
BY: W~
NAME: ·
(Please type)
TITLE: City Manager
NAME: J~n Doughertv
~ -,' (Please type) ~ ·
TITLE: City Clerk
CONTRACTOR:' Wha
BY:
NAME: mith
(Please type)
TITLE: President
(SEAL) -~_ _
NAME: William C. Robinson, Jr.
(Please type)
TITLE: s~'cretary
END OF SECTION
J:tJOBS~S0roO2.S2,,Wp~SpEC~O5~O.W1p5 00500 - 23 JUly ~4. 1997
SECTION 00652
CERTIFICATE OF INSURANCE AND ENDORSEMENT
Description of Contract: Aerobic Digestion System Improvements
r .. OWNB: · . ENGINEER
CIty of Sa~ferd Conldin, Porter &Holmes - Engineers, 1no.
P.O. Box '1788 P.O. Box 2808
300 North Park Avenue S00 W. Fulton St~-,~t
Sanford, Florida 32772 Sanford, FL 32772-2808
Type of Insurance: COMPREHENSIVE GENERAL UABILITY INSURANCE
THIS IS TO CERTIFY that the following numbered policies have been issued by the below-stated
company in conformance with the limits end requirements set forth in the General ConditiOns and
Supplemental Conditions.
The insurance company will give at least thirty (30) days' written notice by registered mail to the
OWNER and the ENGINEER prior to any material change or cancellation of said policy or policies.
:} Policy Numbers . · :.:.:~ . Effec~ve Date Expiration
IMP30102986203 5/1/97 5/1/98
ENDORSEMENT
The OWNER, the OWNER's Representative, the ENGINEER, the Architect, end their consultants.
and each of their officerS, agents. and employees, are included as additionaliy named insured
under said policies but only whiie acting in their capacity as such and only as respects operations
of the originally named insured. his subcontractors, agents, and employees in the performance of
the above-referenced contract; provided, however, that if the loss or damage is ultimately
determined to be the proximate result of the sole negligence of one or more of the aforesaid
additionally named insured. this insurance shall not sppty.
This endorsement Shall not operate to increase the insurance cor!~pany's total limit of liability
hereunder.
The insurance company hereby waives its fights of subrogation against the additionally named
insured.
00652 - 'i
:
WHARTON-SMITH INC USF&G
Namedinsured In~umnceCompany
PO BOX 471028 PO BOX 31143
Street &Number Street &Number
LAKE MONROE FL 32747-1028 TAM,PA, FL 33609
City & State City & State ':
By: :':,
Authod
t) :
Notice: No substitution or revision to the above certificate and endorsement wil[ be
accepted. If the insurance called for is provided by more than one company,
a Separate certificate in the exact above form shall be provided for each
company.
END OF SECTION
J:UOBS'SD6~.g~WP,SP~C~&Sl ,W~ 00651-2 ,~ ~., lW?
'? SECTION 00651
'~ CERTIFICATE OF INSURANCE AND ENDORSEMENT
Description of Contract: AEROBIC DIGESTION SYSTEM IMPROVEMENTS
OWNER ,: J ENGINEER
City of Sanford Conkiln, Porter &Holmes - Engineers, Inc.
P.O, BOx t788 P.O. Box 2808
300 North Park Ave~tue S00 W. Fulton Street
Sanford, Florida 32772 Sanford, FL 32772-2808
Type of Insurance: BUILDER'S RISK "ALL RISK" INSURANCE
THIS IS TO CERTIFY that the following numbered policies have been issued by th~ below-stated
in conformonce with the limits and requirements as set forth in the General Conditions and
Supplementary Conditions.
The insurance company wifi give at least thirty (30) days' written notice by registered mail to the
OWNER and the ENGINEER Ddor to any matefiat change or cancellation of said poticy or policies.
J Policy Numi>~h; '" J ': .....
Effective Date . ~ Expiration Date J
Z~30102986203 5/1/97 5/1/98
ENDORSEMENT
The OWNER, the OWNER's. Representative, the ENGINEER, Architect. and their consultants, and
each Of their OfficerS, agents, and employees are included as additionally named insured under
said policies but only while acting in their capacity as such and only as respects operations of the
originoily named insured, his subcontractors, agents, and employees in the performance of the
above-referenced contract.
This endorsement shall not operate to increase the insurance company's total limit d liability
hereunder.
The insurance company hereby waives its fights of subrogation against the additionally named
insured.
00651-1
AUG-28-87 18:54 FROM:WHARTON-SMITH INC ID:4073201779 PAGE 4/17
· WHARTON-SMITH INC USF&G
NamedInsured insuranceCompany
PO BOX 471028 PO BOX 31143
Street & Number Street & Number ..
LAKE MONROE FL 32747-1028 TAM,PA, FL 33609
City & State City & State
By: ' ::.
Autho '
Notice: No substitution or revision to the above certificate and endorsement will be
accepted. If the insurance calied for is provided by more than one company,
a Separate certificate in the exact above form shall be provided for each
company.
END OF SECTION
I^e.".N.e. CERTIFICA' . OF INSURANCE" oATE,MM,BB,YY,
, 9129197
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ATLANTA HOLDER· THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
MCGRIFF SEIBELS & WILL IAMS INC ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
11 P I EDMONT CENTER SU I TE 500 COMPANIES AFFORDING COVERAGE
ATLANTA, GA 30305 COMPANY
404-23?--0003 A CONTINENTAL CASUALTY CO
INSURED COMPANY
Wharton-Smith, Inc, B
P,O, Box 471028 COMPANY
Lake Monroe, FL 32747 C
COMPANY
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDI CATED,NOTWITHSTANDING ANY REQUIREMENT,TERMOR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHTHIS
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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INBURANCE POLICY NUMBER DATE (MMIDO/YY) DATE (MMIDD/YY) LIMITS
GENERALLIABILrTY GENERAL AGGREGATE $
COMMERCIALGENERALLIABILITY PRODUCTS-COMP/OP AGE $
!i[:!!::i~i~; '] CLAIMS MADE [] OCCUR PERSONAL & ADV INJURY $
OWNEWS & CONTRACTOR'S PROT EACH OCCURRENCE
FIRE DAMAGE (Any one fire) $
MED EXP (Any one person) $
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
' SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
~ NON-OWNED AUTOS (Per accident)
__ PROPERTY DAMAGE $
GARAGE LIAalLITY AUTO ONLY · EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND X I STATUTORY UMITS
EMPLOYERS' LIABILITY
~, WC1056171227 1/01/97 1/01/98 EACH ACCIDENT $ lO00OO
THE PROPRIETOR/ ~ INCL DISEASE - POLICY UM[T $ 500000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE $ 108000
OTHER
Job: Aerobic Digestion System Improvements Job #738
Cartholder is provided with a Waiver of Subrogation as respects to Worker's
Compensat i on,
City of Sanford 30 DAYSWRrtTENNOTICETOTHEOERTIFIOATENOLDERNAMEDTOTHELEFT,
P.O, BOX 1788 AUTH REPRESENTATIVE 046701 0 001
SEC1]ON 00650
CERTIFICATE OF INSURANCE
Description of Confract: Aerobic Digestion System Improvements
~ of S~nf~rd C~Idin, P~fter & Hdme~
, P.O~ B~x 1788 P. Oo Box 2808
300'Noffit Park Avent~e 500 W. Ftdtgn Street
~anford, Rorida 32772 $mlford, FL 32712-2808
Type of Insurance: WORKER'S OR WORK~EN'S COMPENSATION INSURANCE
THIS IS TO CERTIFY that the follc~wing numbered poEdes have been issued by the below-stated company
in cofrbrmance with the limits and requirements as set forth in ~ Gefierai Conditions and SupplementaFy
Cond~ons.
The insurance company will give at least thirty (30) days* w~ti~m notice by registered mail to 1he OWNER
and the ENGINEER prior to am/material change or cancellation of said policy or policies.
P~yNumbe.':V,;'.~"~;.i~:'l :¥~=.~"!:':'~.~,.,~;?::. ':;~,I'~"';.'' '~";!' ~'Dat~ ~ ::: .'-'
~C~056~7~227 0~/0~/97 0~/0~/98
~/ba3ctoa-Sm~t:h, T~c. Cont:~nenta.~ Castla~l:y Co., pa~l: o~ CNA T~S, Co.
Named Insured Insurance Company
~>.0. ]~ox ]0530~ ktla~ta, C& 303/,8-530~
Street & Numbel' r~~_~_.
Aufhorized Representative
(Notice: No substitution or revision to the above cerlificute will be -u,-epLed, If the
insurance Galled for is provided by more than one company, a separate certificate in the
exact above form shall be provided for each company).
END OF SECTION :'
J. w~ 00650. 1
GUIGNARD COMPANY
.1904 BOOTHE CIRCLE, LONGWOOD. FL 32750, PH [407] 834-0022 / [888) 220-3780, FAX [407] 260-.1767 / (888] 220-3228
SEPTEMBER 25, ~997
CITY OF SANFORD
ATTN: PAUL R. MOORE, P.E.
UTILITY DIRECTOR
PO BOX 1788
SANFORD, FL 32772-1788
Re: Authority to Dafe Bonds and Powers of Affomey
Principal: WHARTON~:SMITH, INC.:
Bond No.: 158Z82355
Project: AEROBIC DIGESTION SYSTEM iMPROVEMENTS
Dear Sir or Madam:: :
Please be advised that as Surety oh the abc~ve referenced bond,
executed on your behalf for: this project, we he:reby authorize you to date
the bonds and the powers of attorney concurrent with the date of the
contract agreement.
Once dated, please send a copy of the dated bonds to our office.
Best regards,
' ZNATI NAL FIRE S ANC C MPANY OF HARTFORD
a:eidre A~ Eickstaedt
Attorney in Fact and
Florida Licensed Agent
SURETY BONDS
SECTION 00610
pERFORMANCE BOND FORM BOND N0. 158782355
EXECUTED IN FIVE COUNTERPARTS
THIS INSTRUMENT WITNESSEl'H: Thet we (1) WHARTON-SMITH, INC. '
a (2) CORPORATION organized under the laws of the State of
FLORIDA and regularly authorized to do business in the State of Florida as Principal, and
We (3) NATIONAL FIRE INSURANCE COMPANY OF HARTFORD a (2) CORPORATION
organized under the laws of the State of CONNECTICUT and regularly authorized ,
to'do business in the State of Florida as Surety, are held and firmly bound unto the City of
Sanford, heroinafter catled the OWNER in accordance with a Contract heroinafter referred to, in
the penal sum of (4) THREE HUNDRED TWENTY-~EVEN T~OTISAND AND NO/100 ..................... DO]IaFS
($ 327,o00.00 .............................. } lav~u] money ofthe United Statas, wel] and truly
to be paid unto the said OWNER, for the payment of which we bind ourselves, our heirs, executors,
administrators, successors and assignees, ]ointJy and severally, firmly by these presents;
WHEREAS, the said Principal has entered into a wr~en contract with the OWNER dated
re/:-/~'7 for the work designated as Aerobic Digestion System
improvements, located in Sanford, FL, in conformity with Contract Documents hereby referred
to and made a part hereof, the same to all intents and purposes as if written at length heroin, in
which Contract the said Principal has contracted to perform the work specified in said Contract in
accordance with the terms thereof;
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfu]ly
perform the Contract on his (its) part, and satisfy all covenants, terms, conditions and agreements
incurred by the Principal in the performance of said Contract during the original term thereof, and
any extensions thereof which may be granted by the OWNER, with or without notice to the Surety,
and shall satisfy all claims and demands arising thereunder, and shall fully indemnify and save
harmless the OWNER from all cost and damage which the OWNER might suffer by reason of the
failure of the Principal to do so, and shall fulhy reimburse and repay to the OWNER all costs,
damages, and expenses which the OWNER may incur in maldng good any default by the Principal,
including any default based upon failure of the Principal, to fuitill his obligation to furnish
maintenance, repairs, or replacements for any period of time after the work is completed, if
provided for in said Contract, then this obligation shall be null and void, othenvise it shall remain
in ~11 force and effect.
IN ADDITION, the Principal and Surety, jointly and severally, expressly guarantee that all materials
furnished and workmanship performed under the Contract and in the construction of the work shall
fulfill all requirements of the Contract and the Contract Documents with respect to them. This bond
shall remain in effect for a period of two years from the date of final acceptance.
(l) C. on~-~ct~r
C2) So~ Pr:~etor. htmership, or Cofpo~on
(3) Suneb,
(~) lOO pementof~'.,e ConL-act
00610 - 1
IT iS HEREBY STIPULATED AND AGREED that any suit based upon any default of the Principal
in fulfilling h~s obligations to ~mish maintenance, repairs, or replacements for any period of time .'
a~er the Work is completed, if provided for in the Contract, may be brought at any time up to six
(6) months after the' expiration of the f~me spedfled in the Contact during which the
CONTRACTOR has ag.reed to furnish such maintenance or make such repairs or replacements.
THE SAID SURETY. for value received, hereby stipulatas and agrees that no.change. extension
of time, alteration or addition to the ten-ns of the Contract or to the Work to be p~dormed
thereunder or the Contract Documents a_t~ompanying the same sha}l in any way affect its
o.biigations on this Bond, and it does hereby waive notice of any such change, exIension of time.
alteratbn or addition to the terms of the Contract or to the Work or to the Contract Documents.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CON t ~<ACTOR
shall abridge the fight of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in several counterpads, each one of which
shell be deemed an original, this the 2 '~ day of oc~-~/~ .1997.
THIS BOND IS HEREBY AMENDED SO THAT THE PROVISZONS A~,TD LIMITATIONS OF SECTION 255.05 OR SECTION
(1) WHARTON-SMITH, INC.
'F~tle: GEORGE E. SMITH, PRESIDENT
(SEAL) -{2) z C 0R9
..-i-z+je: DEIDRE A. EICKSTAEDT '
*~407) 834-0022 (Attorney in Fact) & FLORIDA LICENSED EESIDENT AGENT
(1) Contractor
(2) Surety
END OF SECTION
?~'SECTION 00620
LABOR AND MATERIALS PAYMENT BOND FORM BOND NO. 158782355
EXECUTED IN FIVE COUNTERPARTS
THIS INSTRUMENT ~/VITNESSETH: That we (1) WHARTON-SMITH, INC. a
(2) CORPORATION organized under the laws of the State of FLORIDA
andsr n: ~ar~ authorized to do business in the State of (.3) FLORIDA as Principal, and we
~ i
(4) c .~L ;~R~.~A~CE a (2) CORPORATION organized under the laws of the State of
CONNECTICUT and regularly authorized to do business in the State of (3) FLORIDA
as Sure. ty are held end firmly bound unto the City of Sanford hereinafier catled the OWNER in
accordance with a Contract hereinaftar referred to, in the penal sum of (5) THREE HUNDRED TWENTY-SEVEN THOUSAND
AND NO / 100-- Dollars ($ 327.0 no. nn .... 3.jawful money of the United States, well and truly to
be paid unto the said OWNER, forthe payment of which we bind ourselves, our heirs, executors,
administrators, successors and assignees, jointly and severally, firmly by these presents.
WHEREAS, the said principal has entered into a written contract with the OWNER dated
for work designated as Aeroblc Digestion System Improvements
located in Sanford, Florida, conformity with Contract Documents hereby referred to and made a
part hereof, the same to all intents and purpc~ses as if written at length herein, in which Contract
the said Principal has contracted to perform the work specified in said Contract in accordance with
the terms thereof;
NOW, THEREFORE, the condition of this obligation is such that if the Principal Shall faithfully
satisfy all claims and demands incurred by the Principal of said Contract, and shall pay all
obligations arising thereunder, and shall fully indemnify and save harmless the OWNER from all
cost and damage which the OWNER might suffer by reason of the failure of the Principal to do so,
and shall fully reimburse and repay to the OWNER all costs, damages, and expenses which the
OWNER may incur in making good any default by the Principal, and shall promptly make payment
of prevailing wages to all persons supplying labor, equipment or materials for use in the prosecution
of the work, whether by subcontractor or otherwise, and including all insurance premiums on said
work as provided for in such Contract, then this obligation shall be null and void, otherwise it shall
remain in full force and effect.
1N ADDITION, the Principal and Surety, jointly and severally, expressly guarantee that the OWNER
will be held harmlees from any liens, claims, demands or obligations in conjunction with materials
or services provided with respect to this Contract. This bond shail remain in effect for a period of
one year from the date of final acceptance. The OWNER may sue on this Bond, and any person
furnishing material or performing labor, either as an individual or as a Subcontractor, shall have the
right to sue on this Bond in the name of the OWNER for his use and beneffL The said Surety, for
value received, hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract or to the Work to be performed thereunder or the Contract
Documents accompanying the same shall in any way affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time~ alteration or addition to the terms of
the Contract or to the Work or to the Contract Documents.
(1) CONTRACTOR
(2) $o~e F'n:>~eto~. Par'~etsh~p or
(.~) State in wh~c~ ~>.oiect is I~te¢l
(¢) Surety
(5) ~00 p~rcent of the
00620-1
pROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR ...
shall abridge the dght of any beneficiary hereunder. whose claim may be unsat~sfi.ed..
THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF SECTION 2'55.05 OR SECTION
713.23, FLORIDA STATUTES, WHICHEVER ARE APPLICABLE, ARE INCORPORATED HEREIN BY REFERENCE.
IN WFFNESS WHEREOF, this instrument is executed in several counterparts, .each one of which
shall be deemed an original, this the .2. ,,-z, day of ocT'o~_~/,, ,1997.
(SEAL) (1) WHARTON-SMITH, ~NC.
T~e: GEORGE E. SMITH, PRESIDENT
T~e: DEIDRE A. EICKSTAEDT
(407) 834-0022 (Attorney in Fact) & FLORIDA LICENSED RESIDENT AGENT
(1) CONTRACTOR
(2) Surety
END OF SECTION