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562-Wheelabrator Clean Water Land Application Of Wastewater Residual Biosolids Specifications and Contract Documents Page 6 1-3.6 Addenda The undersigned hereby acknowledges receipt of the following Addenda: Addendum No. & Date Addendum No. & Date 1-3.7 The City's Rights Reserved The undersigne~ understands that the City reserves the right to reject any and all Proposals or any part thereof; to Waive any informalities or technicalities in any P~oposal; or any part or parts thereof deemed most favorable to the interest of the City after all Bids have been examined and evaluated; and to reject Bids and readvertise. SECTION 1-4 AGREEMENT 1-4.1 The Agreement., made as of the 1st day of M~y , 19 95 by and between the City of Sanford, Sanford, Florida, herein after called the City, and W~eelabrator Clean Wa%erS~st~m~ Inc./Bio Gro Divisionherein after called the Contractor, Witnesseth, that the City and the Contractor, for the considerations 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 shall perform and complete in a satisfactory manner, all of the work described as: Land Application of Wastewater Residual Biosolids for the City of Sanford, Sanford, Florida. All work shall be performed in strict accordance with the Specifications prepared by the City and in strict compliance with the State and Federal regulations, and with the other Contract Documents herein mentioned which are a part of this Contract. 1-4.3 Authority & Responsibility of Utility Director The Utility Director shall decide any and all questions which may arise as to the quality and acceptability of the work performed, rate of progress of work, interpretation of Specifications, and all questions as to the acceptable fulfillment of the Contract. 1-4.4 In witness whereof, the Parties hereto have caused this In~rUmen~ to be executed in two original counter parts and day ~"~and year first above written. (SEAL") " Contrac ~?neelabrator Clean Water Systems Inc. (SEA At!es Land Application of Wastewater Residual Biosolids Specifications and Contract Documents Page 8 BOND NO. PP95-OOlO SECTION 1-6 PERFORMANCE-PAYMENT BOND THIS INSTRUMENT WITNESSETH: That We,WFR~ABRATORCLFANWATM{~STM~ ~C. as Principal, of 908 Belcher Drive. Pelham State Of Alabama 35124 and'NATIONALGUARANTY~OI~ANY, a corporation organized and existing under and by virtue of th~ laws of the State of Vermont and regularly authorized to do business in Alabama as Surety, are held and firmly bound unto the City of Sanford~ Sanford, Florida, herein after referred to, in the penal sum of Fifty-One Thousand and 00/100 Dollars ........... ($51,000.00) ................ lawful money of the United States, well and truly to be paid unto the said City, for the payment of which we hind ourselves, our heirs, executors, administrators, successors and assigns, jointly and s~verally, firmly by these presents: Sealed with our seals and dated this 18th day of May , 19 95 Whereas, the said. Principalhas entered into a written Contract with the City dated May 1, 1995 for construction of the work designated as Land Application of Wastewater Residual Biosolids, located in Sanford,' Florida, in conformity with the Drawings, General Requirements, and Specifications hereby referred to and made part hereof the same to all intents and purposes 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 perform the contract on his (its) part, and satisfy all claims and demands incurred by the Principal in the performance of said Contract, and shall pay all obligations arising thereunder, and shall fully indemnify and save harmless the City from all cost and damage which the City might suffer by reason of the failure of the Principal to do so, and shall fully reimburse and repay to the City all costs, damages, and expenses which the City may incur in making good any default by the Principal, including any default based upon failure of the Principal, to fulfill his obligation to furnish maintenance, repairs, or replacements for any period of time after the work is completed, if provided for in said Contract, and shall promptly make payment to all persons supplying labor or materials for use in the prosecu%ion of the Work or the performance of the Contract as provided for in such Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, .alteration or addition to the terms of the contractor or to the work. to be performed thereunder or the specifications 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 t~ the terms of the Contract or to the work or to the speclfic~tions. : WHEELAB LEAN W~TE~R SYSTEMS IN Ca pb 1 nal Vicele Pres. Attest- NATIONAL GUARANTY INSURANCE COMPANY Surety Attorney in~ct By: Attorney in Fact Julie Minehliffe Susan D. Precourt, Attorney-in-Fact POWER OF ATTOI~NEY Know all Men by These Presents that the National Guaranty Insurance Company, 7 Burlington Square, 6th Floor, Burlington, Vermont Corporation (the "Corporation"), has constituted and appointed and does hereby constitute and appoint Julie Boucher, Julie Hinchliffe, Karen Liebel and Susan D. Precourt Of Burlington, Vermont each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: 1. Surety bonds to the United States of America or any agency thereof, including lease and miscellaneous surety bonds required or permitted under the laws, ordinances or regulations of any State, City, Town, Village, Board or any other body or organization, public or private. 2. Bonds. on behalf of contractors in connection with bids, proposals or contracts. The foregoing powers granted by the Corporation shall be subject to and conditional upon the written direction of any officer (or any designee of any such officer) to execute and deliver any such bonds. IN WITNE88 Mu~REOF, the Corporation has caused these presents to be signed by its Vice President/Treasurer and its Vice President/Secretary, and its corporate seal to be hereto affixed this lSth day of May , 19 95 - Witness: NATIONAL GUARANTY INSURANCE COMPANY Vice President/Treasurer May 23, 1995 MEMORANDUM ~/~ To: City a ag r From: Utility Director ~ Re: Wastewater Residual Biosolids (Sludge) Land Application Bid # 93/94-15 Bill - The City currently has a contract with Bio Gro for the land application and possible hauling of our biosolids from the Water Reclamation Facility. This contract can be extended each year if approved by both parties. Bio Gro has agreed to extend the contract at the same bid prices as the original bid. It is recommended that the City approve this extension and execute the attached agreement. Funds for this contract are available in account number 451-4527-536-34~07 PM/ar xc: Plants Superintendent Purchasing Agent attachment