959-Wharton-Smith, Inc.AGREEMENT FORM
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 hereinafte¢-''~
mentioned:
The Contractor will commence and complete the construction of the Fort Mellon Lift
Station and Force Main Improvements.
The Contractor will furnish all of the material, supplies, tools, equipment, labor and other
services necessary for the construction and completion of the Fort Mellon Lift Station
and Force Main Improvements 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 one hundred fifty (150) consecutive calendar days unless
the period for completion is extended otherwise by the Contract Documents.
It is further understood that the methods of accomplishing the work of this project as
shown on the Contract 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.
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 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.
The Contractor agrees to perform all of the work described in the Contract
Documents for the construction of the Fort Mellon Lift Station and Force Main
Improvements and comply with the terms therein for a Total Base Bid Amount of
Six Hundred Eighty Seven Thousand Dollars ( $687,000 ).
It is expressly understood by both the Owner and Contractor that time is of the
essence with respect to the Project and Agreement and that the Owner will suffer
financial loss if all of the Work is not substantially complete within the timeframe
identified in Article 3 above, plus any extensions thereof allowed in accordance with
the General Conditions. The Owner and Contractor also recognize the delays,
expense and difficulties involved in proving, in a legal arbitration proceeding, the
actual loss suffered by the Owner if the Work is not substantially complete "on-
time". Accordingly, instead of requiring such proof, the Owner and Contractor agree
that the Contractor shall pay the Owner the sum of One Thousand Five Hundred
Dollars ($%500) for each calendar day that expires after the time stipulated in
Article 3 above for substantial completion until the Work is substantially complete;
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. It is also agreed that if the Project Work is not "Finally
Complete" by the time stipulated in Article 3 above, in accordance with the Contract
Documents, the Contractor shall pay the Owner liquidated damages for delay, and
not as a penalty, in the amount of two-thirds (%) of the rate set forth above.
The Contract Documents consist of this Agreement; the Conditions of the Contract
and Specifications as listed in the Index to the Project Manual; the Contract
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
herein.
10.
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.
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11.
The Contractor shall certify 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 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.
12.
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.
13.
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:
By:
Name:
Title:
City of Sanford, Florida
~'o ~v<~' ¥,~,,~,~w~.~
(Please Type)
(SEAL)
(Please Type)
Title:
3
Contractor: Wharton Smith, Inc.
Address: 750 C.~. 15
By:
Name:
George E. Smith
(Please Type)
President/CEO
Title:
(SEAL)
Attest:
Name:
Title:
William C. Robinson, Jr.
(Please Type)
Secretary
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Commissioner Woodmffmoved on lhe Cons~t A~,e~da ~ fol~ws: (1) Approve paym~ts made du~in~
Sep~n~ber 2002; (2) Appro~ ~ of fl~ City Attorney's State, mm for the momh of Septnnber 2002; (3) Approve CPH
En~n~ A~vsi,n-~t No. 63 A f~r e~i~erin~ se~vi~s d~mng cons~on ofthe Fo~t Mellon L/~ Su~ion, k~ a~ a~oum not
to exceed 579,950;, funds nvailab~ in a~comt number 451-4520-536-31-0~4)~d BID ~IFB 01/02-38 for Fort Mel~n Lift
StOlon to Whmon-Smi~ ;n th~ ~oum of $6~7.000; fumis av~nlge in nccour~ number 451-4529-536-64-06 ($450.000), with
the mmninde~ f~m.~4 f~m Uti~ty Res~rv¢~ ($237,000)~ (5) Ap~o~ CPH F~ng~n,s Am,'~dn'se~ l~o. 66 for ~
s~vices dur~ co~ of th~ A~ Bouleva~ Phnse H Ufi~y Reloeales Projec~ ~ nn mnoum not to
$148~2.97; 6n4~_ w~l come from tim Sram Low lnta~ Lam Program (SRF); (6) Aplm~ ex. talon of tinge (3) easerna~
wt~h wgl e~bw ncce~ to b~ovemems comm~cted b/Lek¢ Monroe pD and th~ Central Floi~ln Zoo; (7) Al~O~ p~
of ~ve (5) PmLas~ IH speM en~.~ ~-vic~ in tl~ an~tnl of $17.975; funds availa~ ~, n~com~ number ~1.2~.521.
64-05 ($10,785) nnd LLEB C, mnt Fund b'2002-LB-BX-0571 ($7,190); (8) A~l~ove the pumlms~ of eight (S) 2003 ~l~t
Lmpe~. ~ tim amour of$144~9.56; f~ls avails~ ~n a~eoum mmd~a~ 001-2023.521.64.01 ($72.12~) and 001-2023-521-64-
02 ($72.128);(9) Appro,~ the lxnr..~e ofUnifmm Polia:,~l~ eq, '.,'.,-,,~'~ fm eight (8) 2003 Chevm~ Impalns in tim amount
of$17.226; fundsavm~n~inmcou~ mm,~n~001.2023.$21-64-01 ($9.384)md001-20~-521-64-02 ($7,~42); (10)
the Teclmical Servlce~ Ag~mat with I la.ne ESE, Inc,. for tec~n~nl ses~Aees regnrding tim Snnfmd C,n~f~mio~ Plant. ~
nn amom~t not to ex.ed $16.000; fu~ed f~om the Sanfoxd On~t~m plnnt Site C~oul~ T~ Account; and (11 ) Aplmove