945-Riverwalk Phase I CONSTRUCTION CONTRACT FOR
SANFORD RIVERWALK PHASE I
ARTICLE 1: GENERAL
THIS AGREE~MENT, made this 23rd day of September . 2002, by and between THE CITY OF SANFORD, FLORIDA,
hereinafter called "Owner", and_ WHARTON-SMITH. INC.. 750 Cotrely Rd 15 Lake Monroe~F1 32747-1028. doing
business as a Florida Corporation, and hereinafter called "Contractor".
ARTICLE 2: CONTRACT DOCUMENTS
Owner and Contractor agree as set forth below:
2.1 Contract Documents. The Contract Documc-ats shall consist of this Agreement, the plans and specifications Sanford
Riverwalk, IFB 01/02-31, dated July 31, 2002, and all Addenda issued prior to the execution hereof and all modifications
issued after execution hereof. Modifications by Change Orders, Request for Information, Request for Clarification, or
other binding instrument as defined by the General Conditions shall be valid only when issued in writing and signed by
the parties heretoo These documents incorporated by reference are and form the Contract and are hereby included:
a. Certificate of Insurance (including endorsements).
b. Payment Bond and Performance Bond.
c. Notice of Award.
d. Notice to Proceed.
e. General Conditions (including AIA A201 General Conditions, as modified).
f. Supplementary Conditions
g. Regarding Contract Provisions ,Federal Bid Construction Contracts
h. Invitation for Bid, Instruction to Bidders, and Affidavit of Non-Conclusion.
i. Certificate of Substantial Completion, Certificate of Final Inspection and Contractor's Release.
j. All special provisions, including the accommodation of special events identified in the Invitation
for Bid and specifications.
k. Contract amendment Section 8.3
1. Construction Plans and Technical Specifications, Prepared by Glatting, Jackson, Kercher, Anglin,
Lopez, Rineha~ Inc. (100% Issued for Construction, July 31, 2002).
m. Requests for Proposals Contractor Solicitation Package for Pre-Qualification Process.
2.2 Addenda and Modifications. The only Addenda and Modifications issued prior to the execution of this Agreement are
as tbllows:
Addendum No. 1, Dated July 1 yh, 2002
Addendum No.2, Dated July 15~, 2002
Addendure No.3, Dated July 17th, 2002
Addendmn No.4, Dated July 17~, 2002
Addendum No.5, Dated July 18th, 2002
2.3 Order of Precedence. Where a conflict exists behveen this Agreement and the remainder of the Contract Documents, the
Order of Precedence will be: this Agreement; the Drawings, Addenda I - 5, specifications, General Conditions, and
supplemental conditions. The Contractor shall not take advantage of any apparent error of omission on the Plans or
Specifications and shall be under a specific duty to promptly advise the Owner of any discrepancies or errors observed in the
said specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon
the Engineer for his/her interpretation and decision, and such decision shall be final.
2.3 Architect and Construction Administrator. The Project has been designed by Glatting Jackson Kercher Angiin Lopez
Rinehart, Inc. as hired by and under the direction of the City of Sanford and whose authority during the progress of
construction shall be under the direction of Owner. Owner under separate contract has hired Gee and Jenson, a division
of CH2MHiI1, as the on-site Construction Administrator and whose authority shall be binding as to Owner and is under
the authority of Owner.
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ARTICLE 3: THE WORK
3.1 Work. The Contractor shall furnish all labor, materials, equipment, permits, hoisting, supervision, taxes, etc., necessary
~br and incidental to completing the following Work in accordance with the Contract Documents. The Work shall consist of
the construction of all elements, including the following, but not limited to; a seawall, a roadway, landscaping, irrigation,
electrical, signage,and related facilities amenities, referred to as Riverwalk Phase I. The Work site is generally described
and located along Seminole Boulevard whose address is: Seminole Boulevard Sanford, Florida and its environs.
3.2 Project Approvals a_.nd Permits. Contractor shall be responsible for all applications and related documents that are
required or needed for, and shall obtain the approval of all permits from the Owner, and all other agencies or
organizations having jurisdiction over the approval and/or permitting of the design, construction, activation, occupancy,
use, and operation of all elements of the project. This includes, but not limited to, obtaining unconditional Certificate of
Occupancy for the site and other elements of the project._Contractor shall pay for all costs associated with such
submittals and in obtaining required approvals and permits. Owner shall pay the costs of the U.So Army Corp of
Engineers and the St. John's River Management District permits. Wherever possible, Owner agrees to waive all permit
fees within its power as the City of Sanford to do so related to Contractor' s execution of the Work.
3.3 Schedule - Contractor shall, within fourteen (14) calendar days of the eft~ctive date of the Notice to Proceed, prepare
and submit to Owner a detailed schedule indicating the time periods involved in the beginning and completing each task
needed to complete the Work. The schedule shall include, but not limited to, identification of the critical path for each
Work element. Contractor, on a monthly basis, shall prepare and submit to Owner a schedule indicating a comparison of
the original, plapxied Work schedule and the actual progress to date. The Contractor shall provide monthly a revised
schedule reflecting all aspects of the work as it relates to each task and critical paths.
3.4 Utilities Services - Contractor shall be responsible for obtaining all necessary utilities service connection approvals,
permits and for making or arranging for all temporary and permanent utility service connections to be
constructed/installed. Owner shall be responsible for the installation of all temporary and permanent meters. Owner
shall also be responsible for obtaining sewer and water system capacity and related commitments. Except as noted, all
costs associated with utility service connections, approvals, permits, construction, installation, and service activation
shall be paid for by Contractor.
3.50uality Assurance Program - Contractor shall maintain and develop a Quality Assurance Program acceptable to the
City. The Contractor shall be responsible for implementing and administering the Quality Assurance Program throughout
the entire Contract Time in such a manner as to ensure that all of the Work is performed in full compliance of the
Contract Documents.
3.6 Testing Services - Owner shall be responsible for and shall engage the services of licensed/registered, independent
professionals to perform and provide written certification of the testing of soils and construction materials, including,
but not limited to, seawalls, drainage structures, soil stability, etc. Owner shall, in consultation of Contractor, make
arrangements for this testing. Contractor make available all Work areas, materials, etc. to accomplish these tests. Owner
shall pay for all successful tests and inspections in intervals and frequency of tests as agreed to by Owner. Contractor
shall pay for all re-inspections services or additional testing required because of non-conformance or failed tests,
provided that the reason for such failures or non-conformance is the result of Contractor's actions, inaction's, production
techniques, etc., as determined by the Owner.
3.7 Closeout Submittals - At the completion of the project and before final acceptance of and payment for the project,
the Contractor shall prepare and submit to the City such record documents as, but limited to, the following:
a. All final Certificates of Occupancy and Site Approval from the City or other agencies having jurisdiction of that
portion of the Work.
b. Written notarized statement to certify and warrant that only asbestos-free materials and products were provided.
c. One (1) set of Operation and Maintenance manuals covering all equipment, systems, components, elements, etc.
d. One (I) set of as-built drawings and specifications marked and indicated with all changes and deviations that
occurred throughout the Work process. Contractor will provide these as~built's in a version of AutoCAD®
version 14.
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e. One (1) warranty service provider's identification list.
f. One (1) set of warranties and guarantees.
g. One ( 1 ) set of manufacturers' certificates and certifications.
h. One. (1) set of project materials and equipment listing with attached product data/literature.
i. One (1) set of spare parts and material inventory list.
j. One (1) set of copies of all certified test reports including materials testing, seawall anchor tests, and any and all
other required test reports.
k. Final releases and waiver of liens executed by Contractor and each subcontractor, supplier, and/or vendor who
performed services, or supplied equipment or materials for the Work.
3.8 Fee Payments - Except as noted, Contractor shall be responsible for paying any and all fees or charges that may be
required as a part of the, approval, permitting, construction, completion activation, use, and/or operation of the Project.
3.9 Contract Requirements and Physical Constraints - The Work shall include construction materials and equipment
which comply, at a minimum, with all laws, statutes, ordinances, codes, standards, polices, regulations, or requirements
established by any organization or agency having jurisdiction over the design, permitting, approval, building, activation,
use, function, operation, and maintenance of the building, appurtenances, utility services, site development, and related
/~tcilities.
a. The completion of the Work shall result in a completed Project as defined in the Contract
Documents.
b. Contractor agrees to perform and furnish all Work as specified and indicated in the Contract
documents, for the Contract Price and within the Contract Time indicated herein.
c. Contractor has examined the site of the Work and has become fully informed concerning the
local conditions, constraints, nature and extent of the Work, and has examined all Contract Documents
and met all bond and insurance requirements.
d. Conflicts, errors or discrepancies that are discovered in the Contract Documents that cannot be
resolved by Order of Precedence shall be submitted to Owner. Owner and Contractor agree to use their
best eftbrts to resolve any such conflicts.
ARTICLE 4: THE CONTRACT SUM
4.1 Contract Sum o Owner shall pay Contractor in current funds for the satisfactory performance of the Work, subject to
additions and deductions by Change Order, the sum of $10.544~659.00 (TEN MILLION FIVE HUNDRED AND FORTY
FOUR THOUSAND SIX HU~N~DRED AND FIFFY NINE DOLLARS AND NO CENTS ) which includes all federal, state
and local taxes. The Contract Sum includes:
Base Bid: $10,544.659.00
Alternate #I $ 720,000.00 Deferred at this time
Alternate #2 $ 6/15,000.00 Deferred at this time
Alternate #3 $ 185,000,00 Deferred at this time
Alternate #4 $ 320,000.00 Deferred at this time
4.2 Alternates -Altemates (1,2,3,4), will be deferred unless and until such time as the Owner incorporates any of these
tasks into the Agreement per base bid alternate price or as amended by redesign or other reasons. The Contractor
agrees to hold open its original Altemate prices for a period of 120 calendar days from the date of issuance of a Notice to
Proceed, or from such date as the Contract times commences to run. Thereafter, the Contractor agrees to perform the
alternate tasks, if directed by the Owner to do so, and will perform the alternate work once it is incorporated into the
Contract by approved change order. However, after the expiration of the 120 day period, the Contractor cannot guarantee
that the alternate work can be performed for the original Alternate prices; but the Contractor will negotiate with the
Owner in good faith to establish fair prices for the alternate work in the event the cost of such work has increased.
4.3. Field Offices - The Contractor will be responsible for providing any field offices as required by the Contract. The
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Contractor shall make available these offices to the Owner and Owner's Representatives for their use and maintain all
drawings and submittals at this location. The Contractor, if elected, may utilize a designated City site if available under a
separate agreement with the Owner.
ARTICLE 5: CONTRACT TIME. COMPLETION. LIQUATED DAMAGES
5.1 Noticeto Proceed - Contractor shall begin work within 14 calendar days after the issuance of a written Notice To
Proceed and shall be substantialits' complete with the Work in accordance with the Contract Documents on or before 48__.Q
calendar days.
5.2 Substantial Completion Date - Work shall be finally complete 30 days after the Substantial Completion Date.
5.3 Liquidated Damages - Owner and Contractor recognize that time is of the essence of this Agreement and Owner will
suffer financial loss if the work is not substantially complete within the Contract Time. Contractor also recognizes that
delays, expense and difficulties involved in proving in a legal arbitration or judicial proceeding the actual loss suffered
by Owner if the work is not substantially complete on time. Accordingly, instead of requiring any such proof~ Owner and
Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay the following for each
calendar day that expires after the time specified in Paragraph 5.1 for substantial completion until the work is
substantially complete: $2,000.00 per day starting 60 days after Substantial Completion Date and $5,000_,Q_0. per day
starting 120 days after Substantial Completion Date. The Owner reserves the right to withhold additional retainage if
Contractor is behind schedule in anticipation that liquidated damages will be applied to the Contract and the work will
not be completed within 60 days of the Contract Time.
5.4 Final Completion - It is agreed that if this Work is not Finally completed (30 days after Substantial Completion) in
accordance with the Contract Documents, Contractor shall pay Owq~er as liquidated damages for delay, and not as
penalty, one-forth (1/4) of the rates set forth above. The amounts specified above for liquidated damages are not additive.
If both portions of the Work identified are not complete, then the liquidated damages per day will be the higher of the
amounts specified.
ARTICLE 6: PAYMENT
6.1 Lump Sum - Owner will pay Contractor in current funds for the performance of the work, subject to additions and
deductions by Change Order, the Total Contract Lump Sum Price $10.544,659.00 (TEN MULLION FIVE ItUNDRED
AND FORTY FOUR THOUSAND SIX HUNDRED AND FIFTY NINE DOLLARS AND NO CENTS ). Periodic
payments will be made to Contractor based on the Lump Sum Price amount, the Schedule of Values, and subject to
completion of the Work, in accordance with the Contract Documents.
6.2 General Conditions - Owner will make payments as provided in the General Conditions and Supplementary
Conditions.
6.3 Progress Payments - Progress payments will be made in an amount equal to 90% of the value of 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 50% of the Work is completed to 95% of the value of Work completed less the
aggregate of previous payments provided that: a) Contractor is making satisfactory progress, and b) there is no specific
cause for greater withholding. However, the Owner may subsequently resume retaining 10% 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.
6.4 P-Card - The Owner reserves the right to procure, purchase and/or provide payments to Contractor by use of the P-
Card (Purchasing Card - VISA) when it becomes available, provided that its use does not place an undue burden on
Contractor or its Subcontractors.
6.5 Owner Direct Purchasing - The Owner reserves the right to direct purchase any and all materials for the Project in
order to take advantage of the tax savings to the City as specified in the City of Sanford purchasing Policy.
The projected savings are based on aggregate purchase order value of $3,044,265. These will include purchase with a
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minimum value of $10,000. The Contractor shall be responsible for the coordination, proper materials, saib deliverance
and proper invoicing to the Owner for direct payment, less sales tax, to the vendor.
ARTICLE 7: CHANGE ORDERS__
7. 1 Change Orders - Owner may, from thne to time, make changes in the Work or other modifications, which may affect
the scope of the Contractor' s Work. Contractor may also, from tinge to time, request changes in the Work or other
modifications, which may affect the scope of the Contractor' s Work. In this event, Owner will issue a written
Change Order, approved and signed by Owner and Contractor, authorizing and directing Contractor to make the
necessary changes in the Work. This Change Order will be executed and completed under the terms and conditions
of tiffs Agreement and the Contract Documents and General Conditions. The maximum allowable overhead and profit,
excluding minor tools, and equipment is 20 %. Receipt and approval by City Commission of said Change Order will
be considered proper notice and will be presumed accepted and agreed upon. Only Change Orders approved by the
City Commission are considered approved and binding except minor Change to the Work as defined in the General
Conditions and pre-approved by the Owner.
7.2 Extras - No change, alterations or additions to the plans and specifications shall be approved except as defined
above.
7.3 Overhead and Profit - The amount of overhead and profit Contractor may add to the actual cost of the Change Order
shall be limited to that charged by Contractor for changes in the Work. The maximum allowable overhead and profit,
excluding minor tools, and equipment is 20%. No additional time shall be granted to Contractor for Work occasioned
by any Change Order, unless specifically requested at the time the Change Order is submitted to Owner or Construction
Administrator.
ARTICLE 8: MISCELLANEOUS PROVISIONS
8.1 Governing Law - This Agreement is governed by the laws of the State of Florida. The Venue tbr all-legal proceedings,
arbitration, filings, etc., shall be in, Seminole County, Florida.
8.2 Waiver - No Waiver of any term, condition or covenant of this agreement shall be inferred or implied from failure
of either party to require strict compliance with the terms hereof.
8.3 Substitutions -As defined by the Contract Documents for Substitutions of Materials
8.4 Assignment - This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, and successors.
8.3 Contract Amendments - The Owner and the contractor, pursuant to the City of Sanford Purchasing Policy have
mutually agreed to the Contract Amendments as defined as below and shall be binding as to the General Conditions
of the Contract and is hereby incorporated and is part of the Agreement for Construction,
Item 001 - Delete the decorative cast-in-place arches on the waterside of the seawall panels. Provide an
arch-shaped reveal in every other panel inset 1-1/2" deep. Each arched panel will be 1-1/2"
thicker in order to preserve the required concrete cover over the prestressing strands. The arch
will begin at elevation -1 .5 and extend vertically to 12" below the bottom of the pile cap. The
surface of the area enclosed by the arch will be the same texture as the remainder of the formed
panel face. DEDUCT: ($234,790.00)
Item 002 - Eliminate the trellis stPactures at Myrtle Ave, San Juan, and Hood Ave (between sta. 696 and
sta. 697). The type A trellis structures (Myrtle and San Juan), type B trellis structure (Hood),
including foundations, columns, trellis, column covers, medallions, lighting, benches (at Myrtle
and Hood), bench swing (at San Juan), planter pots, plants, chairs, and waste receptacles. The
concrete paving, overlook railing, and empty conduit remains in the event the structures are
installed at a later date. (Please note that there is no trellis structure show~n at Hood Pavillion.
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We have deleted the trellis structure immediately to the West between sta 696 and sta 697).
DEDUCT: ($185,000.00)
Item 003 - At the remaining trellis structures, change the trellis manufacturer and provide one coat of 1-step polyurethane spray enamel over primer in lieu of specified finish.
DEDUCT: ($ 56,000.00)
Item 004 - Traffic signalization is deleted. Empty conduit remains for future installation of this
work. DEDUCT: ($ 57,549.00)
Item 005 - Owner direct purchase order program savings are planned to take advantage of
sales tax exemption. Projected savings are based on aggregate purchase order value
of $3,044,265. These will include purchases with a minimum value of $10,000.
DEDUCT: ($182,656.00)
Item 006 - Redesign to accommodate hydroplane and waterfront events. Includes deleting the
following planrings from sta. 695 to sta. 709:13 ea WR-14, 7 ea QS-30, 12 ea QV-30, and
18 ea SP-14. DEDUCT:($8,101.00)
Item 007 - Substitute screw-type seawall anchors based on AB Chance SS175 helical
anchor system at type 1, 2 & 3 tiebacks. Delete all deadmen assemblies and sting
ray assemblies. Tie-back system at Memorial Park area to remain as shown.
Demolish only those portions of the existing seawail and tieback system as
necessary to install new work. Delete the preformed filler. Use flowable concrete
fill as the grouting medium. No replacement of tansuitable material included.
DEDUCT: ( $110,245.00)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
Ow. ner.~ Con. tractor
.CITY OF SANFORD WHARTON-SMITH. INC.
Name Name
3700 34TH STREET 750 County Rd 15 _..
SANFORD, FL 32805 Lake Monroe, FL 32747-102S
Address Address
407-330-5600 407-330-5679 407-321-8410 407-320.1779
~Pf~ ~~;,,,,,_ Phone Fax
Mayor President
September 23. 2 September 23, 2002
dy~VanDe~,o?~',~,t~Date, Date
City Manager
September 23, 2002
Date
City Attorney
September 23, 2002
Date
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NOTICE TO PROCEED
TO: Wharton - Smith, Inc.
750 County Road 15
Lake Monroe, FI 32747-1028
PROJECT DESCRIPTION: Sanford Riverwalk Phase I
IFB 01/02 - 31
The OWNER has considered the BID submitted by your firm on 7/19/02 for the above-described WORK in
response to the Advertisement for Bids and Information for Bidders.
You are hereby notified that your LUMP SUM BID has been accepted for BID items described in the plans and
Contract Documents in the amount of $I0,544,{~5~).00 ( (With def_e_rment of all Alternates at a later date.))
You are required by the Information for Bidders to execute the Agreement and furnish the required
CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within ten (10) calendar days
from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten
(10) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising
out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER
will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this 23rd day of September ._, 2002.
OWNER: CITY O;ySAl~M~Lessar_~¢~~~~ _
Title Mayor
ACCEPTANCE OF NOTICE
Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by Wharton-Smith. In_c:
this the 23rd day of September ,2002.
Title President
END OF SECTION
00660~1