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Home My WebLink AboutCity of Tamarac Resolution R-2005-019I - Temp Reso. # 10634 February 4, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005- Iq A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE CHANGE ORDER NUMBER 3 TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND WHARTOW SMITH, INC. FOR THE ADDITIONAL COST AND TIME INCURRED PENDING THE ISSUANCE OF A DEWATERING PERMIT FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR THE EXCAVATION OF THE FOUNDATION SLAB AT THE CENTRAL PUMP STATION AND THE RENTAL OF A FRONT-END LOADER DURING APPROACH OF HURRICANE FRANCES; AUTHORIZING AN ADDITIONAL EXPENDITURE IN AN AMOUNT NOT TO EXCEED $44,279.00 FOR SAID PURPOSE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 28, 2004 the City Commission approved the award of Bid No. 04- 05B to Wharton -Smith, Inc. for the Stormwater Pump Station Rehabilitation Project through Resolution R-2004-88, a copy of said Resolution attached hereto as Exhibit 1; and WHEREAS, prior to construction commencement, two (2) contamination sites were identified within a 1,500 foot radius of the central pump station dewatering site and a Broward County Department of Planning and Environmental Protection (DPEP) dewatering permit was required and obtained; and WHEREAS, subsequent to the commencement of construction, the South Florida Water Management District (SFWMD) has required that the City also obtain a dewatering permit in addition to the previously obtained right-of-way construction permit; and WHEREAS, in order to obtain this permit, the SFWMD is requiring that additional preventative measures be installed at this site; and WHEREAS, Wharton -Smith, Inc. submitted a proposal for additional cost and time incurred pending the excavation and dewatering of the foundation slab during the application Temp Reso. # 10634 February 4, 2005 Page 2 of said dewatering permit and the rental of a front-end loader during the app Hurricane Frances, a copy of said proposal attached hereto as Exhibit 2; and of WHEREAS, Public Works staff has reviewed said proposal and has determined tl�at the pricing is competitive and acceptable; and WHEREAS, the cost of additional services attributed to this change order n an additional expenditure in an amount not to exceed $44,279.00, a copy of said Ohange Order attached hereto as Exhibit 3; and WHEREAS, available funding exists in the Stormwater Pump Station Rehab Project budget for said purpose; and WHEREAS, the Director of Public Works recommends the authorization of Order No. 3 to the Stormwater Pump Station Rehabilitation Project in an amount exceed $44,279.00; and not to WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be,� in the best interest of the Citizens and residents of the City of Tamarac to approve Change'Order No. 3 to the Stormwater Pump Station Rehabilitation Project and authorize an adoitional expenditure in an amount not to exceed $44,279.00 for said purpose. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratifiod and confirmed as being true and correct and are HEREBY made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are HEREBY AUTHOR12 �D to execute Change Order No. 3 to the contract with Wharton -Smith, Inc. for the satisfaqtion of additional cost and time incurred regarding the application of the dewatering permit for the prevention of contaminant migration in adjacent areas near the central pump construction site. U J 1 Temp Reso. # 10634 February 4, 2005 Page 3 SECTION 3: An additional expenditure in an amount not to exceed $44,279.00 for this purpose is HEREBY approved. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or application, and to this end the provisions of this resolution are declared to be severable. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 23rd day of February, 2005. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL �KF CITY ATTORN JPE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TAL DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS "Exhibit I" Temp. Reso. 10634 Temp. Reso. 10416 Page 1 of 4 April 5, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004 — A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE AWARD OF BID NO. 04-058 FOR THE STORMWATER PUMP STATION REHABILITATION CONSTRUCTION TO WHARTON-SMITH, INC.; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH WHARTON-SMITH, INC. FOR SAID WORK; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $4,832,000.00; AUTHORIZING THE CITY MANAGER TO MAKE NECESSARY ADDITIONS, DELETIONS OR REVISIONS TO THE WORK PLAN PURSUANT TO SECTION 6-156 OF THE CODE OF THE CITY OF TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the three stormwater pump stations on the C-1 4 canal are an essential part of the City's stormwater system which controls the canal levels as regulated by the South Florida Water Management District (SFWMD) west of NW 64 th Avenue/SW 81' Avenue, excluding land section 7; and WHEREAS, it is necessary to rehabilitate said pump stations which have been in service for approximately 30 years and have exceeded their useful service lifetime aggravated by significant deterioration, difficulty of obtaining spare parts, ineffectiveness of further repair attempts and outdated technology; and WHEREAS, the City of Tamarac publicly advertised Bid No. 04-05B for Stormwater Pump Stations East, Central, and West Renovations in the Sun -Sentinel on January 4 and 11, 2004; and WHEREAS, on March 24, 2004, four (4) bids were received, opened and reviewed in order to determine cost and responsiveness to the City's technical specifications; and WHEREAS, Wharton -Smith, Inc. provided the lowest responsiveand responsible bidforthe Stormwater Pump Stations East, Central, and West Renovations, a copy of the bid tabulation and Bid hereto attached as Exhibit_l; and Temp. Reso. 10 16 Page 2 of 4 April 5, 2004 WHEREAS, available funds exist in the Stormwater Pump Station Rehabilitaton Project budget for the aforesaid purpose; and WHEREAS, the Director of Public Works and Purchasing and Contrac Manager recommend that the City award Bid No. 04-05B to Wharton -Smith, Inc., for the Storm ter Pump Station Rehabilitation Construction in the amount of $4,832,000-00; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be the best interest of the citizens and residents of the City of Tamarac to award Bid #04-05B to Wha on -Smith, Inc., for the Stormwater Pump Station Rehabilitation Construction and authorize an exp�nditure in an amount not to exceed $4,832,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THI� CITY OF TAMARAC, FLORIDA THAT: SECTIQN.1: The foregoing "WHEREAS" clauses are hereby ratified an#onfirmed as being true and correct and are hereby made a specific part of this Resolution upo� adoption hereof. SECTION2: The award of Bid No. 04-05B for the Stormwater Pump Station Rehabilitation Construction to Wharton -Smith, Inc. is hereby approved. SECTION 3: The appropriate City Officials are authorized to e cute the Agreement between the City of Tamaracand Wharton -Smith, Inc., fortheStormwater PuopStation Rehabilitation Construction, a copy being hereto attached as Exhibit 2. SECTION 4: An expenditure in an amount not to exceed $4,832,000.01) is hereby authorized. SECTION 5: The City Manager is hereby authodzed to make additions, deletions or revisions to the work plan pursuant to Section 6-156 of the Code of the City of Tamara -. SECTION 6: All Resolutions or parts of Resolutions in conflict herewith �re hereby repealed to the extent of such conflict. Temp. Reso. 10416 Page 3 of 4 April 5, 2004 SECTION 7: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidityshall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 28" day of April, 2004. ATTEST: MA ION SWEN80N, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as tor form. MITCHEL.lVS. KRAF CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER �-- DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: VIM SULTANOF tt' DIST 4: COMM. ROBERTS EXHIBfT 1 04-05B STORMWATER PUMP SS COMPARISON �N BIDBIB TAB TEMP RSO • . Da , 415M4 O L' ( ( P 2 STA WHARTON SMITH TOWER GROUP GILBERT SOUTHERN F.H. PASCHEN 2 $3,000.00 6600.00 $6,200,00 $7,000.00 5 $1.000.00 $600,00 $5.000.00 $2,000,00 7 $10,000.00 $15,000,00 $11,000,00 510,000.00 9 $5,000.00 $5,000.00 $5.000,00 510,000.W 11 $340,000,00 $300.000,00 $325,000,00 $220,000,00 13 S37,800.00 W,500.00 681,000.00 $136,000.00 15 $185.000.00 $300,000.00 6146,000.00 8200,000.00 17 $11,700.00 $50,000,00 $35,000,00 $200,000.00 19 $17,000.00 $10,625,00 $14.875.00 S12.750.00 ITEM 21 $83,000.00 $15.000.00 $45,000.00 $45.000.00 TOTAL BASE A 61 661 000.00 2 060 926.00 $2,219,775.00 $2,847,000.00 WEST ] PUMP STA ITEM 2 $3.000,00 $600.00 $6,200.00 117,000,00 ITEM 5 ITEM 7 $1,000,00 $5,000.00 5800.00 lllllllllli� 510,000.00 $5,000.00 S11,000.00 S2,000.00 $5,000.00 ITEM 9 $5,000.00 35,000.00 $5,000.00 610,000.00 ITEM 11 $340,000,00 $250,000,00 $325,000.00 $220.000.00 ITEM 13 $37,800.00 $40,600,00 581,000.00 $135,000.00 ITEM I.A. 5180,000.00 $375,000,00 $146,000.00 $200,000.00 ITEM 17 $11,700,00 $60,000.00 $60,000.00 $200,000.00 ITEM 19 S17,D00.00 $12,150.00 S14,875.00 $12.760.00 ITEM 21 $53,000.00 633.000.00 $45,000.00 $35,000,00 TOTAL BASE A 51,611,000,00 S1,889,700.00 ^^"` $2,244 776.00 62.817 000.00 EAST 7 PUMP STA ITEM 2 $3,000.00 $600.00 $6,200.00 S7,000.00 ITEM 5 $1,000.00 $600.00 115A00.00 $2,000.00 I In ITEM 7 $14,000.00 $45,000.00 558,000.00 lilli�ill 11 $14,000.00 ITEM 9 S460,000,00 $750,000.00 $1,000,000,00 51,003,480.00 ITEM 11 $36,000.00 672,OW,00 578,000.00 $108,000.00 ITEM 13 $115,000.00 $60 D00.00 685,000.00 S80,000.00 ITEM 15 $17,0W.00 $10,200.00 $14.620.00 $9,620.00 ITEM 17 $12,000.00 $6,000.00 $14,000.00 $14.000.00 ITEM 19 $26,000.00 $15,000.00 $25.000.00 $20.000.00 Math Clerical Error Corrected by City Preparso by! Albert Cohen 415M4 CONTRACT DOCUMENTS for CITY OF TAMARAC STORMWATER PUMP STATIONS EAST, CENTRAL, & WEST RENOVATIONS TAMARAC BID No. 04-05B City of Tamarac, Florida Tamarac Public Works Department 5011 Nob Hill Road Tamarac, Florida 33321 r�4 0 H December 2003 �.t n CRAIG A. SMITH & ASSOCIATES 1000 West McNab Road Pompano Beach, Florida 33069 Tel (954) 782-8222 Fax (954) 786-8927 CAS Project No.: 99-0774 City of Tamarac 0. Purchasing and TABLE OF CONTENTS Bid 04-05B Invitationto Bid ...................................................................................................... Instructions to Bidders ............................................................................... ........... SpecialConditions ............ .................................................................................. I SpecialProvisions ................................ .............................................................. 2 Bid Coversheet Checklist .................................................................................... 4 Bid Schedule .......................................................................... ...... BS-1 thru BS-2 BidForm ........................................................................................... -.1 ............ 1 Of Non -Collusive Affidavit ......................................................... .............. I ........... 1 - Certification..................................................................................................... 1 of Offeror's Qualification Statement .................................................................... 1 - References.............................. ...... - ....................................... ...................... 1 of Vendor Drug -Free Workplace ........................................................ - ............... 1 of List of Subcontractors ..................................................................................... 1 of BidBond...... ............................... ........................................ ........................... 1 - Certified Resolution ........................................................................................ 1 of Standard Trench Safety Act Form .......................................... .................. _-.1 of FormPayment Bond .............................................................. ........................ 1 Form Performance Bond .......................... ...................................................... 1 Application for Payment ..................... — ................................ ........................ 1 of ChangeOrder .......................... ..................................................................... I Of Final Release of Lien by Contractor ................................................................ 1 - SampleForm of Agreement .......................................... ................................. 1 - Division I of Tamarac TECHNICAL SPECIFICATIONS DIVISION 0 INFORMATION, BIDDING, AND CONTRACTING 00015 List of Drawings 00320 Geotechnical Data 00330 Existing Conditions 00890 Permits DIVISION 1 GENERAL REQUIREMENTS 01110 Summary of the Work 01140 Work Restrictions 01290 Payment Procedure 01291 Schedule of Values 01293 Applications for Payment 01312 Project Meetings 01321 Construction Photographs and Video Recording 01327 Scheduling of Construction 01330 Submittal Procedures 01334 Shop Drawings, Product Data, and Samples 01450 Quality Control 01451 Contractor's Quality Control 01458 Testing and Testing Laboratory Services 01550 Traffic Control 01560 Tree and Plant Protection 01600 Equipment and Materials 01610 Basic Product Requirements 01630 Product Substitution Procedures 01660 Product Storage and Handling Requirements 01723 Protection of Adjacent Construction 01740 Cleaning 01770 Closeout Procedures 01780 Closeout Submittals 01785 Project Record Documents 01787 Operation and Maintenance Data DIVISION 2 SITE CONSTRUCTION 02200 Site Preparation 02220 Site Demolition 02300 Earthwork 02310 Grading 02315 Excavation and Fill 02319 Trenching 02630 Storm Drainage 02743 Bituminous Concrete Pavement 02756 Reinforced Cement Concrete Pavement 02775 Sidewalks 02820 Polyolefin Coated Chain Link Fencing 02820C . Chain Link Swing Gates and Contracts Division of Tamarac and Contracts Division DIVISION 3 CONCRETE 03100 Concrete Formwork and Accessories 03210 Reinforcing Steel 03300 Cast -in -Place Concrete DIVISION 4 MASONRY 04064 Mortar for Engineered Masonry 04070 Masonry Grout 04200 Concrete Masonry Units 04220 Concrete Masonry Units DIVISION 5 METALS 05120 Structural Steel 05500 Metal Fabrications DIVISION 6 WOOD AND PLASTICS 06114 Wood Blocking and Curbing DIVISION 7 THERMAL AND MOISTURE PROTECTION 07514 Built -Up Asphalt Bituminous Roofing, Flashing, Gutters, and Downspouts 07920 Joint Sealants DIVISION 8 DOORS AND WINDOWS 08110 Hallow Metal Doors and Frames 08330 Roll -Up Doors DIVISION 9 FINISHES 09220 Stucco Finish 09900 Paints and Coatings DIVISION 10 SPECIALTIES 10710 Exterior Louvers DIVISION 11 EQUIPMENT 11212 Axial Flow Stormwater Pumps 11285 Hydraulic Gates DIVISION 12 FURNISHINGS (not used) DIVISION 13 SPECIAL CONSTRUCTIONS 13600 Controls and Instrumentation 13700 Remote Telemetry Units and Appurtenances DIVISION 14 CONVEYING SYSTEMS (not used) DIVISION 15 MECHANICAL 15105 Pipes and Tubes 15600 Fuel Piping System - 15800 Heating, Ventilation, and Air Conditioning 3 of Tamarac DIVISION 16 ELECTRICAL 16050 Electrical — General Provisions 16108 Miscellaneous Equipment 16110 Raceways and Fittings 16120 Wires and Cables 16150 480-Volt Motors 16160 Panelboards 16216 Diesel Engine Driven Generator 16450 Grounding System 16500 Lighting System 16921 480-Volt Motor Control Centers and Contracts Division Purchasing and Contracts Division City of Tamarac "Committed to Excellence ... Always" INVITATION TO BID BID NO. 04-05B Sealed bids, addressed to the Senior Procurement Specialist of the City of Tamarac, County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, I Florida 33321-2401 until 4,00 p.m. local time on March 3, 2004 at which time bid publicly opened and announced for: STORMWATER PUMP STATIONS EAST, CENTRAL, & WEST RENOVATIONS roward marac, will be All bids received after the date and time stated above will be returned unopene to the Bidder. All Bidders are invited to attend the opening. Submit one (1) original document, marked "Original" on its exterior, prior to the bid opening deadline. Late bids will not be accepted. Two (2) photocopies should accompany your original. Bids shall be submitted on the offlicial Bid Forms furnished ith this bid package; and those submitted otherwise will not be considered responsive. The submittal should be plainly marked "City of Tamarac Stormwater Pump Stations East, Central, & West Renovations" on the outside of the envelope. Bid Security: Each bid shall be accompanied by a certified or cashier's check or Bi Bond in the amount not less than 5% of the total bid price payable to the City of Tamarac as arantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. 91 A Pre -Bid Conference will be held on Friday, January 29, 2004 at 10:00 a.m. at the' Municipal Complex, Conference Room 105, 7525 NW 881h Avenue, Tamarac, F11 parfies interested in bidding on this project should attend this meeting. The wo performed consists of the Contractor furnishing all labor, materials, tools, and el necessary, as indicated in the specifications, to construct the City of Tamarac East, C West Stormwater Pump Stations, which includes the demolition and removal of buildings, headwalls, piping, equipment, and wiring, and the construction of new build structures, including the installation of new pumps, generators, electrical controls, bar pump discharge and bypass piping, flap -gates, and all associated appurtenances. The City reserves the right to accept or reject any or all bids, or any part of any bid, to Y informalities, and to award in the best interest of the City of Tamarac. Bid documen, available for review and purchase in the Purchasing Office and may be purchased at $90.00 per set. Payment must be made to the City of Tamarac. For non -technical contact the Purchasing Office at (954) 724-2450. For technical issues, fax questions to Smith & Associates, Inc, at (954) 786-8927. Include the Project Name and Bid Numt correspondence. James S. Nicotra, CPPB Senior Procurement Specialist Publish Sun Sentinel: Sunday, 0 1 /04 and 01 /11/2004 amarac rida. All k to be uipment )ntral, & existing ngs and ,creens, iive any will be cost of quiries, 'raig A. r on all 7525 NW 88th Avenue 0 Tamarac, Florida 33321-2401 0 (954) 724-2450 2 Fax (954) 724-2408 0 www.tpmarac.org Equol Opportunity Ernployer oF Tamarac Purchasing and Contracts Division INSTRUCTIONS TO BIDDERS BID NO. 04-05B It is the intent of the City to award this bid to the lowest responsible and responsive bidder for either the base bid or base bid plus any/or all alternates, as the City determines is in its best interest, The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. DESCRIPTION OF WORK The City of Tamarac is interested in obtaining proposals from qualified Contractors for the improvements to construct the City of Tamarac East, Central, & West Stormwater Pump Stations, which includes the demolition and removal of existing buildings, headwalls, piping, equipment, and wiring, and the construction of new buildings and structures, including the installation of new pumps, generators, electrical controls, bar screens, pump discharge and bypass piping, flap -gates, and all associated appurtenances. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective bidders. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the Purchasing Office, City of Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, on or before 4:00 p.m., March 3, 2004. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall be a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid name and number on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified the Bidder must use the bid form furnished in the bid package. Bidders are required to state exactly what they Intend to furnish to the City via this Solicitation. If requests for clarifications are not submitted in writing to the Consultant within ten (10) working days prior to bid opening, it shall be construed that the Bidder fully understands and does comply with all terms, conditions and specifications identified in this bid. The Bidder shall submit one (1) original document, marked "Original" on its exterior, prior to the bid opening deadline. Two (2) photocopies should accompany your original; however, copies must be made available within 3 business days of City's request. 6 of Tamarac LIN) and Division The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All quotations must be typewritten or filled in with pen nd ink. Bids having erasures or corrections should be initialed in ink by the Bidder. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for ninety days from the date of the bid opening unless ot erwise stated by the City. 2. BONDING An acceptable Bid Bond, Cashier's Check, or Certified Check payable to th( City of Tamarac in amount not less than 5 % (percent) of the bid, must accompany the bid. Additional bonding may be required in the Special Terms and Condi:ions of this invitation. The Bonding must be executed by a surety. company autho"ized to do business in the State of Florida or secured in a manner satisfactory to he City of Tamarac. 3. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The for withdrawal must be submitted in writing to the City Purchasing Office. 4. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list foll wing a conviction for public entity crime may not submit a bid on a contract to prote any goods or services to a public entity, may not submit a bid on a contradi with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be aw, ed or perform work as a Contractor, supplier, subcontractor, or consultant i nder a contract with any public entity, and may not transact business with any publ c entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 1� 5. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit and should sul�mit the form with the Proposal. The City considers failure of the Contractor to su4mit this document to be a major irregularity and may be cause for rejection of the F oposal if not received within three (3) business days of City's request. 6. QUANTITIES Quantities if shown are estimates only, No guarantee or warranty is gliven or I implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or i icrease quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. of Tamarac Aah, Purchasing and Contracts Division 1W 7. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder should enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check. 8. DELIVERY All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All delivery cost and charges must be included in the bid price. Phase One of this project, Central and West Pump Stations only, shall be completed within 365 calendar days from the 1st Notice to Proceed. Phase Two, East Pump Station, shall be completed within 270 calendar days from the City's 2nd Notice to Proceed. (Reference Paragraph 32.1 in the Special Provisions for further detail). 9. BRAND NAMES Manufacturers' name, brand name, model number or make is used in these specifications for the sole purpose of establishing minimum requirements of quality, performance and design. Approved equal is added to the specifications to avoid ruling out qualified competition. Where equal is bid, the Bidder must submit brochures, specifications and/or samples to the Consultant within ten (10) days of bid opening. The City shall be the sole judge of equality. 10. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid, Each sample must be marked with the bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 11. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the of Tamarac and City are found to be defective or do not conform to the specifications, reserves the right to return the product to the Bidder at no cost to the City. 12. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patE in manufacturing, producing or selling the goods shipped or ordered as a this bid. The seller agrees to hold the City harmless from all liability, expense occasioned by any such violation. 13. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conforn respects to the standards set forth in the Occupational Safety and Health its amendments to any industry standards if applicable. In compliance with 442, Florida Statutes, any toxic substance delivered from a contract resul, this bid must be accompanied by a Material Safety Data Sheet (MSDS). A Safety Data Sheet should also be submitted to the City of Tamai Management Division, 7525 NW 88th Avenue, Tamarac FL 33321-2401. 14. PERFORMANCE Division City it rights esult of loss or ; in all kct and �.hapter ig from 4aterial c Risk Failure on the part of the Bidder to comply with the conditions, terms, speci, cations and requirement of the bid'shall be just cause for the cancellation of the bid award. The City may, by written. notice to the Bidder, terminate the contract for flillure to perform. The date of termination shall be stated in the notice. The City sha I be the sole judge of nonperformance. 15. DEFAULT In the event that the Bidder default$ on the contract or the contract is ter inated for cause due to performance, the City reserves the right to obtain the matbrials or services from the next lowest Bidder or other source during the remaining term of the contract. Under this arrangement the City will charge the Bidder any excess cost occasioned or incurred thereby and shall apply to any bid bond required. 16. TERMINATION FOR CONVENIENCE OF CITY Upon thirty (30) calendar days written notice, delivered by certified mai , return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for the CITY's convenience whenever the CITY determines that such termination is in the best intere-it of the CITY. Where the agreement Is terminated for the convenience of the GITY the notice of termination to the Bidder must state that the contract is being teftninated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicate( on the notice of termination, terminate all outstanding sub -Contractors and pirchase orders to the extent that they relate to the terminated portion of the Contlact and refrain from placing further orders and sub -contracts except as they nay be Tamarac and Contracts Division necessary, and complete any continued portions of the work. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the City against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure, 17. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies. that may become due hereunder are not assignable except with prior written approval of the City. 18. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all emplo�ees working under its directions. 19. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 20. BID PREPARATION EXPENSE The Bidder preparing a bid in response to this bid shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. 21. SITE INSPECTION It shall be the responsibility of the Bidder to inspect the site before submission of bids. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of this contract will be accepted as the basis for varying the requirements of the City or the compensation to the Bidder. 22. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 10 City of Tamarac 0 Purchasing and 23. INSURANCE REQUIREMENTS Division Bidder agrees to, in the performance of work and services under this Agr ement, comply with all federal, state, and local laws and regulations now in e fect, or hereinafter enacted during the term of this agreement that are appli(able to Contractor, its employees, agents, or subcontractors, if any, with respe( t to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such rm and amount as required by the City's Risk & Safety Manager before beginni ig work under this Agreement. Bidder shall maintain such insurance in full force arid effect during the life of this Agreement. Bidder shall provide to the City's Risk & Safety Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontiactor to obtain or maintain such insurance. The following are required types and minimum limits of insurance cover ge that the Bidder agrees to maintain during the term of this contract., Lim ts Line of Business/ Coverage Occurrence Aggregate Commercial General Liability $2,000,000 $2,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Prod ucts/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,00 000 Workers' Compensation & Employer's Liability Statutory � If this project exposes any asbestos related scope, the Contractor will report such required remediation under State and/or Federal guidelines to the Project Manager. The Contractor will be required to submit proof of asbestos remediation liability coverage with a limit as designated by the City's Risk & Safety Manager at a time prior to actual remediation. Builder's Risk Insurance is required in an amount not less than the replocement cost for the construction of the work. Coverage shall be "All Risk" coverag for one hundred (100%) of the completed value. 11 The City reserves the right to require higher limits depending upon the cope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under thi's .ontract until they have obtained all insurance required under this section ard have supplied the City with evidence of such coverage in the form of an in�urance 11 ,2tyof Tamarac 0 Purchasing and Contracts Division certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. uClaims-Made" forms are acceptable for Professional Liability insurance. 24. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including afforneys'fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely. attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 25. CLARIFICATION TO TERMS AND CONDITIONS Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquires, suggestions, requests for clarification or solicitation for additional information should be submitted in writing to the Consultant within ten (110) days prior to bid opening. The City shall not be responsible for oral interpretations given by any City employee or its representative. 26. BID TABULATION Bidders who wish to receive a mailed copy of the bid tabulation should enclose a stamped, self-addressed envelope with their bid, or request a faxed copy by including a fax number. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. 12 City of Tamarac 0. Purchasing and 27. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, rep( records in accordance with generally accepted accounting practices and stE for records directly related to this contract. The form of all records and repoi be subject to the approval of the City's Auditor. The Contractor agrees ti available to the City's Auditor, during normal business hours and in Browar( or Palm Beach Counties, all books of account, reports and records relatin� contract for the duration of the contract and retain them for a minimum pi one (1) year beyond the last day or the contract term. SPECIAL CONDITIONS 1. ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except b) approval of the City Commission. No such approval will be construed as the City a part of or to such assignment, or subjecting the City to liabilit� kind to any assignee. No subcontract or assignment shall, und circumstances, relieve the Contractor of his liability and obligation un( contract, and despite any such assignment, the City shall deal throt Contractor only. However, if the company is sold during the life of the coni buying agent must provide the City with a letter signed by an officer of I owner that can legally bind the company, stating that they will continue to the requirements of the contract under all the terms, conditions, and specif so stated in the contract. Division is and idards -s shall make Dade to this riod of formal making of any ,r any ier this gh the 3ct, the ie new ons 2. CONTP-ACTOR'§.RESPONSIBILI Contractor shall provide sufficient manpower so as to perform work saft,,ly and expeditiously with all equipment plainly marked with the company nate. All equipment provided pursuant to this agreement shall be in good and proper working order, No work shall be performed before 8:00 AM. Exceptions to this schedule can only be made with the prior approval of the City in wdting. The Contractor shall provide a qualified foreman present on the site at all times, as a fully authorized gent of the Contractor, and capable of making on -site decisions. The Contractor hall be aware that the job site is not secure, and as such is subject to pedestrian Taffic at all times of the day and night. It shall be the responsibility of the Contn ictor to secure the job site at all times during and after construction to protect the 3eneral public from harm, and remove from the job site and properly dispose of all r siclues at the end of each and every workday. No unsecured materials or equipme t are to be on site at night or over a weekend, unless arrangements have been mz de with and prior approval obtained from applicable City personnel in writing. No rr aterials or equipment are to be stored so as to restrict vehicular and pedestrian traffic lines of sight. Any materials or equipment left on site shall be secured by the Co tractor, who is fully and totally responsible for security. 13 of Tamarac 0. Purchasing and Contracts Division Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. 3. DAMAGE -TO PUBLIC ANDIOR PRIVATE PRQPER Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 724-2410 and inform the appropriate staff member about the location and extent of the damages. 4. PERMITS AND LICENSE$ The Contractor shall be responsible for securing all City Engineering and Building permits. However, the City shall reimburse permit fees under provisions for bid item allowance, as referenced on the bid form included in this package. The Contractor shall submit copies of all permits required for this work. The Contractor shall be responsible to secure the necessary construction permits from other agencies as identified in the Technical Specifications. 5. SITE INSPECTION —!gQNTRACTOR It shall be the full responsibility of the bidder to visit and inspect the proposed construction site as shown on the Construction Plans prior to the submission of a bid. No variation In price or conditions shall be permitted based on a claim of ignorance. Submission of the bid is evidence that the bidder has familiarized himself with the nature and extent of the work, and the equipment, materials, and labor requirements. Should the bidder see any problem, the bidder is to bring the problem to the attention of the City immediately. 6. SITE INSPECTION — CITY All work will be conducted under the general direction of the Public Works Department, Building Department, and the Parks and Recreation Department of the City of Tamarac, and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization from the aforementioned agencies nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. Any work performed past City of Tamarac's normal working hours (M-F, 8:00 AM — 4:00 PM) must be inspected. If any work is done outside of normal working hours, 14 7. 1.1 R1 of Tamarac LIP, 1711M the City inspector is to be compensated by the Contractor at a rate of $55. However, if a City contract/consultant inspector is used, the Contra compensate that inspector at the same cost as the City's cost. In addition, inspector must be onsite at least one (1) hour prior to closing site for eac site closure has taken place after 4:30 PM, the City inspector will be comr at the above provision. SUBMITTALS Contractor shall submit all required forms and documents as required contract including but not limited to bonds, insurance certificates and any drawings within 15 days from the Award. Additionally, Contractor shall app applicable licenses or permits within 15 days of the Award. WAIVER OF LIENS Prior to Final Payment of the Contract Sum, a final waiver of lien shall be E by all suppliers, subcontractors, and/or Contractors who worked on the pri is subject of the Agreement. Payment, of the invoice and acceptance payment by the Contractor shall release the CITY from all claims of Ilabil Contractor in connection with the Agreement. PAYMENT Payment will be made monthly for work that has been completed, inspe( properly invoiced. A retainage of 10% will be deducted from monthly r Retainage monies will be released upon satisfactory completion a inspection of this project. Invoices must bear the project name, project nun number and purchase order number. The City has up to thirty (30) days t( approve and pay all invoices after receipt. The Contractor shall invoice the provide a written request to the City to commence the one-year warranty pi necessary Release of Liens and Affidavits shall be processed before the, period. 10. CONTRACT DOCUMENTS Division 0/hour. tor will he City day. If �nsated by this pquired V for all c�t that such to the ed and iyment. d final :)er, bid review, '.ity and ,iod. All The contract documents shall consist of the Standard Form Of Agreem nt, Bid Proposal executed and submitted by the Contractor, project specificationt, plans and specifications (where applicable), any addendums or change orders, pond(s), insurance certificate(s), and the City Resolution awarding the bid� 11. CHANGE.ORDERS Without invalidating the contract, without any monetary compensation, anc � without notice to any surety, the City reserves and shall have the right to make inoreases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to the change order until a change order setting forth the adjustments is approved by the City, and executed by the Pity and of Tamarac Purchasing and Contracts Division Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. CHANGES IN THE WORKICONTRACT PRICE 12. CONTRACT PRICg The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price or Time except as approved in writing by the Project Manager. 12.1 Change Order The Contract Price andlor Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. CHANGES IN CONTRACT TIME 13. CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 13.1 Notice Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 13.2 Basis for Extension Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be 16 of Tamarac WIM Purchasing and Cortratts Division allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingercy time, at the time of delay, available to absorb specific delays and associated irr�pacts is used. i 14. CIIX'§ OPTION In the event satisfactory adjustment cannot be reached by the City �nd the Contractor for any item requiring a change in the contract, and a change o�der has not been issued, the City reserves the right at its sole option to termil)ate the contract as it applies to these items in question and make such arrangen ents as the City deems necessary to complete the work. The cost of any w. �ered by a change order for an increase or decrease in the contract price ,�hall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall, be the Contractor's responsibility, and the amount of each applicable bond #hall be adjusted accordingly. The Contractor shall furnish proof of such adjustmeilt to the CITY. Failure of the Contractor to obtain such approval from the Surety rr y be a basis for termination of this Contract by the CITY,. 15. LIQUIDATED DAMAGES Upon failure of Contractor to complete the work within the time specified for completions, (plus approved extensions if any), Contractor shall pay City he sum tlayed of 11000.00 for each calendar da that the completion of the work is beyond the time specified in the contract for completion, as fixed and � agreed liquidated damages and not as a penalty. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of Firecisely ascertaining the amount of damages that will be sustained by Ci as a consequence of such delay and both parties desiring to obviate any quIstion of dispute concerning the amount of said damages and the cost and effeat of the failure of Contractor to complete the contract on time. Regardless of whethl �Ir or not a single Contract is involved, the above -stated liquidated damages sN 11 apply separately to each portion of the work for which a time of completion is gN en. City shall have the right to deduct from and retain out moneys which may bE due or which may become due and payable to Contractor, the amount of such Ii( uidated damages and if the amount retained by City is insufficient to pay in f ill such liquidated damages, Contractor shall pay in full such liquidated cl� mages. Contractor shall be responsible for reimbursing City, in addition to li( uidated damages or other per day damages for delay, for all costs of engi ieering, architectural fees, and inspection and other costs incurred in administering the construction of the project beyond the completion date specified or beyond an approved extension of time granted to Contractor whichever is later. These liquidated damages will not prohibit City from recovering ascertainable actual damages incurred as a result of the same delay to which the li(Juldated damages apply. Contractor may be liable for both liquidated damages as stated herein, and for excess completion costs of this project, In the event ContrWor has 17 !atZ of Tamarac Purchasing and Contracts Division been either terminated from or has abandoned the project prior to completion, this liquidated damages clause is still applicable to hold Contractor liable for the liquidated damages, 16. BQNDS The Contractor shall furnish separate Performance and Payment Bonds in the amount of 100% of the total bid award amount as security for the faithful project performance and payment of all of the Contractor's obligations under the contract documents, per City Code Section 10-156. At the completion and formal approval and acceptance of all work associated with the project, a one year warranty period will begin. At this time, a warranty bond in an amount not less than 25% of the final contract amount must be submitted. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 17. PERFORMANCE, PAYMENT AND WARRANTY BONDS Within fifteen (15) calendar days after the, contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of 100% of the bid award. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Successful Bidder correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials. 18 CiLyof Tamarac 0 Purchasinq and 18. LOCATION OF EXISTING UTILITIES Division Existing utilities may be shown on the drawings. Such information is sh)wn for design purposes and the existing and detail given is information that is clotained during the design period and is not necessarily complete, correct or current. Prior to commencement of construction, the Contractor is responsible for ocating existing city utilities affected by the construction in the field. Such utilities linclude but are not limited to water mains, force mains, gravity sewers, pump s1tations, storm sewers and drain systems. The City will provide to the Contractor vailable construction drawings for locating existing city utilities. However, the Cit cannot guarantee the accuracy of drawings or any information related to existinli utilities and the City will not assume responsibility or liability for damage resulting rom the Contractor incorrectly locating existing utilities. Damage to any of the City's utilities incorrectly located by the ContractIt or his agents shall be the responsibility of the Contractor and shall be repaire and or replaced to equal or better condition at the Contractor's expense. 1� The Contractor shall also be liable for all damages and claims against o by the City arising in any way from damage or interference with such utilities. No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or in orrectly locating such utilities or appurtenances. i Numerous utilities not owned by the City exist within the project area that may or may not have been depicted on the drawings. The Contractor shall exerc se care in digging and other work so as to not damage existing work including o' (erhead utilities and underground cables and pipes. Excavation of paver area wi hin five feet (5) of utilities shall be performed by hand. The Contractor is also res �onsible for contacting the Sunshine State One Call Center of Florida (Sunshine) a: 1-800- 432-4770 to determine location of underground utilities. Calls to Sunshine nust be made at least 48 hours before digging but not more than five (5) da) s prior. Contractor is responsible for renewing locates if job extends beyond -narking period established by Sunshine. Any utility in the vicinity that is not a m ber of the Sunshine Service must be notified directly. I Should any underground obstructions be encountered which interfere *ith the work, the City shall be notified at once. The Contractor shall be responslbli� for the immediate repair of any damage caused by the work, and shall be respo*ble for any disruption of service caused by this damage. The City's designated Coptractor shall accomplish patching and replacing damaged work and the CONTIRTACTOR will pay the cost of this work, 19. CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed con-ttruction by the Contractor, and prior to commencement of construction, the Contractor shall examine the alignment of proposed work to be constructed and identify any dertake conflicts with existing utilities. If such conflicts exist, the Contractor shall ur�� 19 City of Tamarac.0 Purchasing and Contracts Division accurate surveys to determine elevations of utilities and shall notify the Engineer/Project Manager in writing seven (7) working days prior to the scheduled construction. The Engineer/Project Manager may revise the proposed design or recommend ways and means to avoid such conflicts. The Contractor may re -schedule his work so that the construction can be completed on time. No claim for down times by the Contractor shall be allowed_ 20. CONTINGENCY ALLOWANCE A contingency has been allowed for this project in the amount identified in the Bid Schedule. The Contractor is not to use this contingency allowance without permission from the City and upon written justification to the City for such use. 20 City of Tamarac Purchasing and SPECIAL PROVISIONS 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified Contre Division Im construct the City of Tamarac East, Central, & West Stormwater Pump tations, which includes the demolition and removal of existing buildings, headwalls piping, equipment, and wiring, and the construction of new buildings and strictures, including the installation of new pumps, generators, electrical controls, bar screens, pump discharge and bypass piping, flap -gates, and all associated appurtenaTces. 2. BASIC DEFINITIONS Wherever used in the Agreement or in other Contract Documents, the fiDllowing I terms have the meanings indicated which are applicable to both the singular and plural thereof: 2.1 Addenda — Written or graphic instruments issued prior to the openin� of Bids which clarify, correct, or change the bidding requirements or the ontract document. 2.2 Agreement — The written agreement between the City and the C ntractor covering the Work to be performed including other Contract Documfints that are attached to the Agreement and made a part thereof. 2.3 Application for Payment — the form acceptable to the Engineelf/Project Manager which is used by the Contractor during the course of the work in I requesting progress or final payments and which is accompanied y such supporting documentation as is required by the Contract Documents. �A Change Order — A document that is signed by the Contractor and �he City and authorizes an addition, deletion or revision in the Work within the �general scope of this Agreement, or an adjustment in the Contract Pricq ' or the Contract Time, issued on or after the Effective Date of the Agreement 2.5 City — The City of Tamarac, Florida. 2.6 Contract Documents — The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Corditions), drawings, specifications of Bid No. 04-05B, all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any a,�Iditional modifications and supplements, Change Orders and Work directive 0anges issued on. or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agr 6,ment if attached to this Agreement or repeated therein. 11 2,7 Contract Times — the number of days or dates stated in the C.-ontract Documents to achieve substantial completion and/or complete the Work so that it is ready for final payment as evidenced by the Engineer's/Project Managers written recommendation of final payment. 2.8 Defective — An adjective which when modifying the Work refers to \�ork that is unsatisfactory, faulty or deficient, or does not conform to the Contract 21 COO Tamarac 0 --- Purchasingand Contracts Division Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment. 2.9 Drawings — The drawings that show the character and scope of the Work to be performed and which are referred to in the Contract Documents. 2.10 Effective Date of the Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 2.11 Engineer/Project Manager — The City's authorized project representative. The words "Engineer" and "Project Manager" are used interchangeably. 2.12 Field Order — A written order issued by the Engineer/Project Manager that requires minor changes in the Work but does not involve a change in Contract Price or Contract Times, 2.13 FDOT — the State of Florida Department of Transportation 2.14 Milestone — A principal event specified in the Contract Documents relating to an intermediate complete date or time prior to Substantial Completion of all the Work. 2.15 Notice to Proceed — A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform the Contractor's obligations under the Contract Documents. 2.16 Project — the total construction for which the Contractor is responsible under this agreement, including all labor, materials, equipment and transportation used or incorporated in such construction. 2.17 Specifications — Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and Workmanship as applied to the Work and certain administrative details applicable thereto. 2.18 Subcontractor — An individual, firm or corporation having a direct Contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. 2.19 Substantial Completion — "Substantial Completion" means the finishing or accomplishing of substantial performance of the Work as proscribed in the Contract Documents. "Substantial Performance" means that there has been no willful departure from the terms of the Contract Documents and the Work has been honestly and faithfully performed in its material and substantial particulars, The term "Final Completion" means the City's acceptance of the job. 2.20 Supplier — A manufacturer, fabricator, supplier, distributor, materialman or vendor. 2.21 Unit Price Work — Work to be paid for on the basis of unit prices. 22 Cityof Tamarac t. Furch!!Lni and Contracts Division 2.22 Work — The entire completed construction or the various s( identifiable parts thereof required to be provided under the Documents. Work is the result of performing services, specifically, but not limited to construction, furnishing labor, testing, docum equipment and materials used or incorporated in the constructio entire Contract Documents. The words "Project" and "Work" interchangeably. 2.23 Work Change Directive — A written directive to the Contractor issu after the effective date of the Agreement and signed by the recommended by the Engineer/Project Manager ordering an deletion or revision in the Work. A Work Change Directive shall no the Contract price or time, but is evidence that the parties expect change directed or documented by a Work Change Directive incorporated in a subsequently issued Change Order following neG by the parties as to its effect, if any, on the Contract Price or Contrac 2.24 Written Amendment — A written amendment of the Contract Do� signed by the CITY and the Contractor on or after the Effective Da Agreement and normally dealing with the non -Engineering, or non -- aspects rather than strictly Work related aspects of the Contract Doc 3. ENUMERATION OF CQNT13ACT DOCUMENTS If any portion of the Contract Documents appears to be in conflict with a portion, the various documents comprising the Contract Documents shall c the following order of precedence- (1) The Special Provisions (2) The Technical Specifications (3) The Instructions to Bidders and General Terms and Conditions (4) The Agreement As between schedules and information given on Drawings, the scheduli novern, as between floures aiven on Drawinas and the scale measureme arately ontract -luding itation, of the used a on or ity and ddition, change hat the will be itiations nents, of the hnical ients. other ,rn in shall . the figures shall govern; as between large-scale drawings and small-scale drawi gs,.the larger scale drawings shall govern. 4. INTENT It is the intent of the Contract Documents to describe a functionally completE� Project in accordance with the Plans and Specifications. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being recluired to produce the intended result will be supplied whether or not specifically celled for. When words that have a well-known technical or trade meaning are used to escribe Work, materials or equipment such words shall be interpreted in accordarice with that meaning. Reference to standard specifications, manuals or code& of any technical society, organization or association, or to the laws or regulation, of any governmental authority, whether such reference be specific or by implicatiops, shall 23 City of Tamarac - 0. Purchasing and Contracts Division mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents. 5. 6-UPPLEMENTS. MINOR VARIATtQNS OR DEVIATIONS In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized in one or more of the following ways: 5.1 The Engineer/Project Manager's approval of a shop drawing or sample; or 5.2 The Engineer/Project Manager's written interpretation or clarification. 6. CONTRACT TIME 6.1 By virtue of the submission of its bid, Bidder agrees and fully understands that the completion time of the work of the Contract is an essential and material condition of the Contract and that time is of the essence. The successful Bidder agrees that all work shall be prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure full completion thereof, within the time specified. Phase One of this project, Central and West Pump Stations only, shall be completed within 365 calendar days from the Ist Notice to Proceed. Phase Two, East Pump Station, shall be completed within 270 calendar days from the City's 2nd Notice to Proceed. (Reference Paragraph 32.1 in the Special Provisions for further detail). 7. CONTRACTOR'S ADDITIONAL RESPONSIBILITY 7.1 The Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. 7.2 The Contractor shall provide a qualified, English speaking, superintendent Present on the site at all times. The superintendent shall be a fully authorized agent of the Contractor, and have full authority to make on -site decisions and commitments regarding the Contractors Work. 7.3 The superintendent shall be satisfactory to the City and shall not be changed except with consent of the Engineer/Project Manager. 7.4 The Contractor shall assign to the work site at least one (1) supervisor at all times who shall be a certified arborist or hold a Broward County Tree 24 -Pity of Tamarac Purchasing and Contrat#s Division M-R. I Trimming B License and capable of making field decisions, intE Irpreting plans, etc. The Contractor shall also provide suitable personnel who �hall be available after work hour emergencies and capable of making app opriate decisions. 7.5 The Contractor shall supply competent and physically capable err ployees having the requisite skill and experience to perform the work in a workmanlike manner. The City may require the Contractor to rem)ve any employee working for or under the Contractor that the City deems careless, incompetent, insubordinate or otherwise objectionable. The Contraqtor shall be responsible to the City for the acts and omissions of all subco tractors and personnel working under the Contractor. 7.6 The Contractor shall be aware that the job is subject to vehic lar and pedestrian traffic at all times of the day and night. It shall � be the responsibility of the Contractor to secure the job site at all times during and after construction to protect the general public from harm, and remove from the job site and properly dispose of all residues at the end of each adid every workday. No unsecured materials or equipment are to be on site at night or over a weekend, unless arrangements have been made with a �id prior approval obtained from applicable representative of the City of Tar arac in writing. No materials or equipment are to be stored so as to restript traffic lines of sight. The. Contractor, who is fully and totally respon;lVe for security, shall secure any materials or equipment left on site. 7.7 Loss of materials or equipment due to theft, vandalism, etc. shal be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. 7.8 The Contractor is responsible for familiarizing itself with the nat re and extent of the Contract Documents, the Work, the locality, and with all local conditions, verifying all pertinent figures and applicable field measui aments, and federal, state, and local laws, ordinances, rules and regulationt that in any manner may affect cost, progress, or performance of the Wo,-k, The Contractor Is responsible for making or causing to be mc, Hck any eci essa a examinations, investigations, tests and studies as it deems n . I for the performance of the Work at the Contract Price, within the Contract T e, and �c in accordance with other terms and conditions of the Contract Docunient. 7.9 Before beginning the Work or undertaking each component part of ti e Work, The Contractor shall carefully study the Contract Documents, Special Conditions, Technical Specification, all pertinent figures and site co iditions. The Contractor shall promptly report in writing to the Enginee -/Project Manager and the City any conflict, error or discrepancy which the C ntractor may discover and shall obtain a written interpretation or clarification rom the Engineer/Project Manager before proceeding with any Work affected thereby. 25 City of Tamarac 0 Purchasing and Contracts Division 7.10 The Contractor shall assist the City and the Engineer/Project Manager in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. 7.11 Unless otherwise provided in the Contract Documents, the Contractor shall provide or cause to be provided and shall pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 7.12 The Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences and procedures. 7.13 The Contractor shall keep the City and the Engineer/Project Manager informed of the progress and quality of the Work. 7.14 If requested in writing by the Contractor, the City, with reasonable promptness and in accordance with time limits agreed upon, shall interpret the requirements of the Contract Documents and shall decide (subject to other provisions in the Contract Documents governing claims, disputes and other matters in - question) matters relating to performance. Such interpretations and decisions shall be in writing. 7.15 The Contractor shall correct all Work, which does not conform to the Contract Documents. 7.16 The Contractor, warrants to the City that materials and equipment incorporated in the work will be new unless otherwise specified, and that the Work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. 7.17 The Contractor shall pay all applicable sales, consumer, use and similar taxes, and shall secure and pay for permits and governmental fees, license$ and inspections necessary for the proper execution and completion of the Work. The Contractor shall identify all governmental authorities and agencies having jurisdiction to approve the construction, and obtain all permits and approvals with such governmental authorities as have jurisdiction, and assist the City in consultations with appropriate governmental authorities and agencies in obtaining all permits and approvals. 7.18 Without limiting the foregoing, the Contractor shall pay all fees, costs, and expenses in connection with the applications, processing, and securing of approvals or permits from all governmental authorities which have jurisdiction over all aspects of this Work except City permits and fees which shall be waived except for so much of said fees as the City is required to remit to other governmental agencies. 26 City of Tamarac Purchasing and Contracts Division 7.19 The Contractor shall give notices and comply with laws, ordinan regulations and lawful orders of public authorities relating to the Pri 7.20 The Contractor shall be responsible to the City for acts and omiss Contractor's employees and parties in privity of contract with the to perform any portion of the Work, including their agents and emp 7.21 The Contractor shall prepare Change Orders for the City's appr execution in accordance with the Contract Documents. Any work, commenced without a Change Order or Work Directive being appro, constitute a waiver of any claim of compensation for such work. Directives must be approved by the City Manager or designee ide such in writing. rules, of the itractor ,es. il and iich is shall Work ed as 7.22 The Contractor shall maintain in good order when present at the tite one record copy of the drawings, specifications, product data, sample , shop drawings, Change Orders and other Modifications marked currently to record changes made during construction. These shall be delivered to he City upon completion of the construction and prior to final payment. 7.23 Contractor must repair any pavement, concrete, brick pavers, etc., dllsturbed as a result of any work within the scope of this contract to all a licable codes and City standards. 7-24 Any coring of existing structures, including seawalls, required for in%allation of any items within the scope of this contract are the responsibilit of the Contractor. 7.25 The Contractor is responsible for dewatering jacking and receiving its and for dewatering the path of proposed irrigation crossings. Where the ground water level is above the invert of the proposed crossing, dewat �ring is necessary to reduce the water level to below invert of the proposed c *ossing, and must be designed, installed and in operation prior to beginr,ing the crossing. 8. FAMILIARITY WITH THE TOTAL SCOPE OF THE PROJECT AND THE STREM-re EI .., 8.1 The Contractor shall be familiar with the total scope of the project, interpretation of the plans/drawings, if any, and the streets rior to commencement of any work. The City will not provide any elevallons for reference. The Contractor shall be responsible for all layouts i6cluding establishing proper grades to maintain or improve the existing stomwater flow. In case of any questions or conflict, they must be brougN to the attention of the Engineer/Project Manager prior to any work. 11 1 further assistance is needed, the Contractor may contact the Director o� Public Works. The City shall not be responsible for the Contractor's failure to comply with this requirement. Ph of Tamarac 0 Purchasing and Contracts Division 8.2 The Contractor shall be responsible for locating all utilities that may interfere with this part of the resurfacing program. The Contractor shall be responsible for repair and restoration of all utilities or any other items damaged during the Work. 8.3 By execution of the Agreement, The Contractor acknowledges that all requirements and conditions necessary to fulfill this Contract have been met. No contract adjustments shall be allowed for concealed site conditions. 9. SHOP DRAWINGS AND SAMPLES 9.1 Within fourteen (14) calendar days after issuance of the Notice to Proceed, The Contractor shall submit to The Engineer/Project Manager for review and approval five (5) copies of all Shop Drawings for all equipment, apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose of the Shop Drawing is to show the suitability, efficiency, tech nique-of-manufacture, installation requirements, detail of the item and evidence of compliance with the Contract Documents. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Engineer/Project Manager to review the information as required. - 9.2 The Contractor shall also submit to the Engineer/Project Manager for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents and each sample shall be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 9.3 Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 9.4 At the time of each submission, the Contractor shall give the Engineer/Project Manager specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Engineer/Project Manager for review and approval of each such variation. Failure to point out such departures shall not relieve the Contractor from his responsibility to comply with the Contract Documents. 9.5 Approval of the Shop Drawings by the Engineer/Project Manager shall be general and shall not relieve the Contractor of responsibility for the accuracy of such drawings nor for the proper fittings and construction of the Work, nor 28 Citycf Tamarac Purchasing and Conracts Division for the furnishing of material or Work required by the Contract Documents and not indicated on the drawings. No Work called for by any Shop Drawing shall be done until the Engineer/Project Manager has appipved the drawings. The costs incurred for the City Engineer/Project Managdr's review of shop drawings, substitutes, "or equal" items, or change orcler� shall be paid by the Contractor. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 The Contractor shall furnish, in writing on the form included, the'names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Contractor shall not change a Subcontractor, person or entity previously selected if the City makes reasonable objectlo, to such change. 10.2 The Contractor shall be fully responsible to the City for all acts and omissions of the Contractor's employees, subcontractors, sup liers and other persons directly or indirectly employed by his subcontractors suppliers and of persons whose acts any of them may be liable and any oth( r persons and organizations performing or furnishing of the Work under E � direct or indirect contract with the Contractor. Nothing in- the Contract Ebcuments shall create any Contractual relationship befween the City and any such subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the City to pay or to see to the paym lmt of any moneys due any such subcontractor, supplier, or other erson or organization except as may otherwise be required by laws and reg lations. 11 - CITY'S RESPONSIBILITIES 11.1 The City shall designate a representative authorized to act on he City's behalf with respect to the Project. The City or such A uthorized representative shall examine documents submitted by the Contractor and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the Work. I 11.2 The City may appoint an on -site Project representative to observelthe Work and to have such other responsibilities as the City and the ContraOtor agree in writing prior to execution of this Agreement. 11.3 The City shall cooperate with the Contractor in securing building and other permits, licenses and inspections. 11.4 If the City observes or otherwise becomes aware of a fault or detlect in the Work or nonconformity with the Contract Documents, the City hall give prompt written notice thereof to the Contractor. 29 of Tamarac and Contracts Division 11.5 The City shall furnish required information and services and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the design and construction. 11.6 The City shall communicate with subcontractors only through the Contractor. 11.7 The City shall furnish data required of the City under the Contract Documents promptly. 11.8 Except for permits and fees that are the responsibility of the Contractor, the City shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or permanent changes in existing facilities. 11.9 If the Work is defective, or the Contractor fails to supply sufficient skilled Workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. 12. ENGINEER/PROJECT IVIANAGER'$ RE§PONSIBILITIES 12.1 The Engineer/Project Manager or his designee will be the City's . representative during the construction period and until final payment is due. 12.2 The Engineer/Project Manager will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer/Project Manager's efforts will be directed toward providing for the City a greater degree of confidence that the completed Work will conform to the Contract Documents, On the basis of such visits and on -site inspections, the Engineer/Project Manager shall keep the City informed of the progress of the Work and shall endeavor to guard the City against defects and deficiencies in the Work. 12.3 The Engineer/Project Manager will issue technical clarifications and interpretations, with reasonable promptness. Should the Contractor fail to request interpretation of items the Contractor determines to be questionable in the Contract Documents neither the City nor the Engineer/Project Manager would thereafter entertain any excuse for failure to execute the Work in a satisfactory manner based upon such a reason or claim. 12.4 The Engineer/Project Manager may authorize minor variations in the Work from the technical requirements of the Contract Documents, which do not 30 of Tamarac 0 Purchasing and Conthicts DI vi I si on involve an adjustment in the Contract Price or the Contract Tim and are consistent with the overall intent of the Contract Documents. Theso shall be accomplished by a Field Order and will be binding on the City, an also on the Contractor who shall perform the Work involved proml 12.5 The Engineer/Project Manager will have the authority to disapprov(� or reject Work that the Engineer/Project Manager believes to be defective,� and will also have authority to require special inspections or testing of the Work whether or not the Work is fabricated, installed or completed. 13. AVAILABILITY OF AREA TO STORE EQUIPMgNT AND MATOLAIL Although the City will make every effort to provide suitable areas, includ right-of-way, to store equipment and material it shall be the Cc responsibility to find and secure suitable and safe locations for this Restoration of all storage areas shall be Contractors responsibility. 14, CLEANUP AND RESI2RATION 14.1 ng public ntractor's purpose. During and after completion of all work each day, the Contractot shall be responsible for all cleanup including but not limited to sweeping, cleaning and removal of dust and loose material., Leftover or excessive material, debris, etc. must be completely removed from the work area And other affected areas at no expense to the City at the end of each workda . It shall be the Contractor's responsibility to protect any debris from obstfucting or getting into any wastewater, water or stormwater conveyance system. If any grassed area is disturbed, it shall be promptly restored at the Contractor's expense. 14.2 Cleanup shall be performed on a daily basis in order to fac litate the maintenance of all work areas. Any damage to public.or privatE property resulting from improper or incomplete cleanup shall be the sole res ponsibility of the Contractor as per Section 15, 'DAMAGE TO PUBLIC ANDIOR PRIVATE PROPERTY". I 14.3 The Contractor shall be responsible for the proper and legal re oval and disposal of all construction debris. I 14.4 The project site and all adjacent areas shall be maintained in a :neat and clean manner, and upon final cleanup, the project site shall be left lear of all surplus material and debris. Paved areas shall be swept clean. 14.5 If the Contractor fails to properly maintain the site or perform requi ed clean- ups and debris removal the City shall place the Contractor on written notice to perform required clean up. Contractor shall perform required clean up within twenty-four (24) hours of receipt of the City's written notice. City of Tamarac 0. Purchasing and Contracts Division 14.6 In the event that the Contractor does not comply, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 15. DAMAGE TO PUBLIC AND/OR PRIVATE PRQPERTY 15.1 Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. 15.2 The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. 15.3 In the event of damage, Contractor shall immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at not additional cost to the City. 15.4 In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 724-2410 and inform the appropriate staff member about the location and extent of the damages. 15.5 In the event that the Contractor does not immediately repair to the satisfaction of the City damage to public and/or private property, the City may'correct such damage. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such damage. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 16. CONNECTION TO CITY WATER The contractor must have secured all applicable permits prior to the connection of any irrigation system to City Water. The contractor must also comply with all City of Tamarac Utility Department and Building Department requirements, and contact these departments at least 48 hours prior to inspection of work. 17. CONFLICTS WITH FDOT AND OTHER SPECIFICATIONS 17.1 Unless noted otherwise, Specifications and Special Provisions contained in this Contract shall supersede any other specifications or provisions of FDOT or any other agency noted in the Contract Documents. In case of conflicts, the most stringent provisions shall prevail. 32 VrIz, OV-11 `� City of Tamarac and Codtracts Division 17.2 The Contractor shall immediately bring to the attention of the Engineer/Project Manager any conflicts, discrepancies or Ambiguities between the Specifications and Special Provisions listed in thp� Contract Documents. Failure to do so shall result in the interpretation made by the Public Works Director whose decision shall be final. 18. BASIS OF PAYMENT, UNIT PRICES AND RIGHT TO CHA 18.1 Payment at the contract unit price shall be inclusive of all labor,l� materials, equipment and incidental items, and shall be based upon he actual quantities placed. !` 18.2 Quantities, as identified in the Schedule of Quantities and Price section, are for estimate and bidding purposes only and accuracy is not implied or guaranteed. Payment shall be based upon actual quantities placed and accepted at the contract unit price. 18.3 The City reserves the right to add or delete any item and adjust the contract quantities based upon the contract unit price which best serves J�e interest of the City. No other adjustment shall be allowed unless a proved in advance by the City. 19. ACCEPTANCE OF WORK 19.1 Acceptance shall be based upon satisfactory completion, rn�� terial test results, performance and appearance of the Work after the mat )rials have established, been placed or found to be in good operating orde *. Prior to final acceptance, the Contractor shall remove and replace, satisfa ,tory to the City, all defective areas. Any adjusted area that is f d t be of an roun( unsatisfactory condition shall be rejected and shall be removed a d restored by the Contractor at no expense to the City. 20. TESTS AND INSPECTIONS 20.1 The Contractor shall give the City timely notice of readiness of t � Work for all required inspections, tests or approvals. The Contractor shall ssume full t responsibility, pay all costs in connection therewith and furnish le City the required certificates of inspection, testing or approval for all 1 materials, equipment for the Work and any part thereof unless otherwis specified herein. 20.2 The City inspectors shall have no authority to permit deviations from or to relax any of the provisions of the Contract Documents, or to delay the Agreement by failure to inspect the materials and Work with reasonable promptness. 20.3 The payment of any compensation in any form, or the giving of ' ny gratuity or the granting of any favor by the Contractor to any inspectors� directly or 33 of Tamarac Purchasing and Contracts Division indirectly is strictly prohibited and any such action on the part of the Contractor will constitute a breach of this Agreement. 21. CORRECTION OR REMOVAL OF DEFECTIVE WORK 21.1 The Contractor shall correct Work rejected by the City or known by the Contractor to be defective or failing to conform to the Construction Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and all work found to be defective in the one-year period from the date of Substantial Completion (the Warranty Period) shall be the responsibility of the Contractor, or within such longer period provided by any applicable special warranty in the Contract Documents. 21.2 The City shall provide the Contractor with written notice regarding defective or rejected work. Within seven days after receipt of such written notice from the City the Contractor shall commence with corrective action to remove and replace it with Work that is not defective or rejected. 21.3 If the Contractor fails to correct defective Work as required or persistently fails to carry,out the Work in accordance with the Contract Documents, the .City, by written order may stop the Work, or any portion thereof, until the cause for such- order has been eliminated; however the City's right to stop the Work shall not give rise to a duty on the part of the City to exercise the right for benefit.of the Contractor or other persons or entities. 21.4 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents within seven days after receipt of written notice from the City to commence and continue correction of such default or neglect, the City may give a second written notice to the Contractor. If within seven days following receipt of the second notice, the Contractor fails to correct such default or neglect with diligence and promptness, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 22. PR9—GRESS PAYMENTS 22.1 The Contractor shall deliver to the City itemized Applications for Payment for Payment. The Contractor may requisition payments for Work completed during the Pr`oject at intervals of not more than once a month. The Contractor's requisition shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with a certification by the Contractor that the Contractor has disbursed to all Subcontractors and Suppliers their pro-rata shares of the payment out of previous progress payments received by the Contractor for all Work 34 City of Tamarac Purchasing and Contracts Division completed and materials furnished in the previous period and ff executed releases of liens by all Subcontractors, Suppliers and r were provided and included in the Contractor's previous appl payment, and any other supporting documentation as may be the Engineer/Project Manager or Contract Documents. Each shall be submitted in triplicate to the Engineer/Project Manager f( The City shall make payment to the Contractor within thirty.(3 days after approval by the Engineer/Project Manager of the requisition for payment. 22.2 Within thirty (30) days of the City's receipt of a properly submitted Application for Payment, the City shall make payment to the Cont : properly terialmen itions for quired by equisition approval. calendar ntractor's d correct 22.3 The City shall retain Ten percent (10%) of all monies earn d by the Contractor until the Work is totally completed as specified, and accepted by the City. The parties hereto agree that 255.052, Florida Statutes does not apply to this Agreement, or to any underlying agreements and obl gations to which this Agreement pertains, I 22.4 The Application for Payment shall constitute a representatico by the Contractor to the City that, to the best of the Contractor's knowledge, information and belief, the design and construction have progres�ed to the point indicated, the quality of the Work covered by the applic;otion is in accordance with the Contract Documents and the Contractor is 'entitled to payment in the amount requested. 22.5 The Contractor shall pay each Subcontractor, upon receipt of payment from the City, out of the amount paid to the Contractor on accour�t of such Subcontractor's Work, the amount to which said Subcontractor is �entitled in accordance with the terms of the Contractor's contract 1�ith such Subcontractor, The Contractor shall, by appropriate agreement ith each Subcontractor, require each Subcontractor to make payment to sub - Subcontractors in similar manner. r 22.6 The City shall have no obligation to pay or to be responsible in a�y way for payment to a Subcontractor of the Contractor except as may ot erwise be required by law. I 22.7 No progress payment or partial or entire use,or occupancy of the roject by the City shall constitute an acceptance of Work not in accordanc with the Contract Documents, 22.8 The Contractor warrants that: (1) title to Work, materials and quipment covered by an Application for Payment will pass to the City! either by incorporation in construction or upon receipt of payment by the C'.ontractor, whichever occurs first-, (2) Work, materials and equipment covered by previous Applications for Payment are free and clear of liens ' claims ' security interests or encumbrances, hereinafter referred to as "liens nd (3) no 35 City of Tamarac 0 Purchasing and Contracts Division Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or any other person performing Work at the site or furnishing materials or equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 22.9 The Contractor may apply for the return of the retainage held pursuant to Section 22.3, if the Contractor has satisfied the requirements of the Contract relating to retainage. The City shall pay the Contractor the amount retained for the Work, less the reasonable value of incorrect or incomplete Work, liquidated damages or both, Final payment of such withheld sum shall be made upon correction or completion of such Work and resolution of all issues regarding liquidated damage. The release of retainage shall not become due until all Work is 100% completed. The requirements of retainage include the following., 22.9.1 Repair and/or replacement of faulty or defective Work. 22.9.2 As -built drawings are submitted to and accepted by the City. 22.9.3 All Code requirements, inspections, testing and certificates of approval are conformed with, submitted and accepted by the City, 22-9.4 The City is satisfied all 'payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the City might in any way be responsible have been paid or otherwise satisfied to the extent and in such form as may be designated by the City. 22.9.5 Release of Lien is submitted and accepted by the City. 22.9.6 The Contractor's completion of Punch List. 22.9.7 Warranties are submitted to and accepted by the City. 23. CHANGg QUANTITIES/CHANGE ORDERS 23.1 The City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. A Written Amendment, Change Order or Work Change Directive shall authorize such additions, deletions or revisions. 23.2 All Change Orders which, individually or when cumulatively added to amounts authorized pursuant to prior Change Orders for this Project, increase the cost of the Work to the City or which extend the time for completion, must be formally authorized and approved by the Tamarac City Commission prior to their issuance and before Work may begin. 23.3 No claim against the City for extra Work in furtherance of a Change Order shall be allowed unless prior written City approval pursuant to this section has been obtained. 23.4 The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. 36 City of Tamarac Purchasing and Com racts Division 23.5 The Engineer/Project Manager on forms provided by the City s c, prepare Proposed Change Orders. When submitted for approval, they sha I carry the signature of the Public Works Director, the City Manager, and the Clontractor. 23.6 If the City and the Contractor are unable to agree as to the extent� if any, of an adjustment in the Contract Price or an adjustment of the Coni I ract times that should be allowed as a result of a Work Change Directive, a tlaim may be made therefore. 23.7 The Contractor shall not be entitled to an increase in the Contract F 'rice or an extension of the Contract times with respect to any Work perforrt ed that is not required by the Contract Documents as amended, mo( ified and supplemented. 23.8 If notice of any change affecting the general scope of the Wark or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice Aill be the Contractor's responsibility and the amount of each applicable bond shall be adjusted accordingly. 23.9' Any claim for adjustment in the Contract Price or time shall be b written notice delivered by the party making the claim to the other 1 to the Engineer/Project Manager not later than three (3) calendar the occurrence or event giving rise to the claims and stating tI nature of the claim. No claim for an adjustment in the Contract I extension of the contract time will be valid if not submitted in accor this Paragraph. 21.10 The cost or credit to the City from a change in the Work shall be by one or more of the following ways: 23.10.1 By mutual acceptance of a lump sum properly iten supported by sufficient substantiating data to permit where unit prices do not exist in the contract documents; 23,10.2 By unit prices stated in the Contract Documents or sut agreed upon, or 23.10.3 By cost to be determined in a manner agreed upon by I and a mutually acceptable fixed or percentage fee. ed upon rties and ays after general ce or an ince with �termined ized and waluation sequently ie parties 37 X� Tamarac Purchasing and Contracts Division 24. REGULATORY CHANGE§ The Contractor shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws, or regulations subsequent to the submission of the Contractor's proposal. 25, SUBSTANTIAL COMPLETION The one (1) year warranty period for the Project does not begin until final acceptance of the entire project has been given and the Payment and Performance Bonds are released. 26. FINAL INSPECTION Upon written notice from the Contractor that the Work is or an agreed portion thereof is complete, the City and the Engineer/Project Manager will make a final inspection,and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 27. FINAL APPLICATION FOR PAYMENT 27.1 After the Contractor has completed all such corrections to the satisfaction of the City and the Engineer/Project Manager and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Contract Documents, and after the Engineer/Project Manager has indicated that the Work is acceptable, the Contractor may make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all liens arising out of or filed in connection with the Work and a final affidavit; or (2) the Contractor's receipts in full covering all labor, materials and equipment for which a lien could be filed; or (3) a final affidavit stating that all laborers, materialmen, Suppliers and Subcontractors who Worked for the Contractor under this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished and the reason(s) why the same remains unpaid. If any Subcontractor or Supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the City to indemnify the City against any such lien. 27.2 The Contractor shall also submit with the final application for payment, the completed set of "As -Built" drawings for review and approval. The "As -Built" drawings shall be prepared, sealed and certified by a professional registered land surveyor licensed by the State of Florida. The Contractor shall deliver mylar sepias of the as -built project, signed, sealed and dated by the responsible professional. In addition, plans are to be submitted in a digital format in AutoCAD latest version. The Digital File is to be compatible with 38 City of Tamarac 0. Purchasing and Gontrac t Divi I Si . on the City's GIS system. Final payment to the Contractor shall not b until said drawings have been reviewed and approved Engineer/Project Manager. Prior to approval, if necessary, the drawir be returned to the Contractor for changes or modifications if in the or the Engineer/Project Manager they do not represent correct or accur, built" -drawings. 28. FINAL PAYMENT AND ACCEPTANCE 28.1 If, on the basis of the Engineer/Project Manager's observation of tf during construction and final inspection, and the Engineer/Project M� review of the final Application for Payment and accom documentation, the Engineer/Project Manager is satisfied that the V\ been completed and the Contractor's other obligations under the ( Documents have been fulfilled, the Engineer/Project Manager will, w (10) days after receipt of the final Application for Payment, indicate it the Engineer/Project Manager's recommendation of payment and the Application to the City for payment. Thereupon the Engineei Manager will give written notice to the City and the Contractor that tf is acceptable. Otherwise, the Engineer/Project Manager will ' rel Application to the Contractor, indicating in writing the reasons for ref recommend final payment, in which case the Contractor shall m necessary corrections and resubmit the Application. Thirty (30) d2 presentation to the City of the Application and accompanying documE in appropriate form and substance, and with the Engineer/Project Mc, recommendation and notice of acceptability, the amount recommel the Engineer/Project Manager will become due and will be paid by thi the Contractor. 28.2 If, through no fault of the Contractor, final completion of the I significantly delayed and if the EngineerlProject Manager so confit City shall, upon receipt of the Contractor's final Application for Payrr recommendation of the Engineer/Project Manager, and without terr the Agreement, make payment of the balance due for that portioi Work fully completed and accepted. If the remaining balance to be the City for Work not fully completed or corrected is less than the r� stipulated in the Agreement, and if bonds have been furnished as r the written consent of the surety to the payment of the balance due portion of the Work fully completed and accepted shall be submitte( Contractor to the Engineer/Project Manager with the Application f payment, Such payment shall be made under the terms and cc governing final payment, except that it shall not constitute a waiver of 28.3 Final payment, constituting the entire unpaid balance of the Contrai shall be paid by the City to the Contractor when the Work ha completed, the Contract fully performed, and a final certificate for p has been issued by the Engineer/Project Manager. The making � made y the ]s may nion of te "As- 1 , Work anying )rk has ontract hin ten writing )resent Project � Work �rn the sing to ke the s after itation, iager's Jed by City to lork is is, the nt and inating of the ield by ainage quired, or that by the r such ditions :Iaims. Sum, been ,ment final WE City of Tamarac 0 Purchasing and Contracts Division payment shall constitute a waiver of claims by the City except those arising from: 28.3.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 28.3.2 Faulty or defective Work and latent defects discovered after acceptance. 28.3.3 Failure of the Work to comply with the requirements of the contract documents. 28.3.4 Terms of special warranties required by the contract documents. 28.3.5 Any of the Contractor's continuing obligations under this Agreement. 28.4 The acceptance of final payment by the Contractor shall constitute a waiver of claims by that payee except those previously made in writing and identified as unsettled at the time of final application for payment. 29. CITY'S RIGHT TO WITHHOLD PAYMENT 29.1 The'City may withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of: 29.1.1 Defective Work not remedied. 29-1.2 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 29.1.3 Failure of the Contractor to make payments to Subcontractors or Suppliers for materials or labor. 29.1.4 Damage to another Contractor not remedied. 29.1.5 The Contractor has incurred liability for liquidated damages. 29-1.6 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. 29.1.7 Reasonable evidences that the Work will not be completed within the Contract time. 29.1.8 Failure to carry out the Work in accordance with the Contract Documents. 29.2 When the above grounds are removed or resolved or the Contractor provides a Surety Bond or Consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 40 AlaL City of Tamarac 30. WARRANTIES and Contrdots Division 30.1 Not withstanding any provisions of the Technical Specificati ns the Contractor shall warranty the soundness of all work as noted in the echnical Specifications from the date of final acceptance of work. The Contractor shall submit a warranty bond acceptable to the City and prior to final payment to the Contractor. 30.2 The Contractor warrants that all equipment, materials and Workmanship furnished, whether furnished by the Contractor or its subcontractors and Suppliers, will comply with the Technical Specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a Workmanlike manner. 30.3 The Contractor warrants to the City that it will comply with all a i Jplicable federal, state and local laws, regulations and orders in carryn out its obligations under the Contract. 30.4 The Contractor warrants to the City that it is not insolvent, it i not in bankruptcy proceedings or receivership, nor is it engaged in or th atened with any litigation, arbitration or other legal or administrative proceEldings or investigations of any kind Which would have an adverse effect on its ability to perform its obligations under the Contract. 31. CORRECTION PERIOD 31.1 The Contractor warrants all material and Workmanship as note in the Technical Specifications from date of acceptance by the City. If Within the period of warranty from the date of final completion or such longer )eriod of time as may be prescribed by laws or regulations or by the term 5 of any applicable special guarantee required by the Contract Documents, a ' ny Work is found to be defective, whether observed before or after acceptance by the City, the Contractor shall promptly, without cost to the City �! and in accordance with the City's written instructions, either correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with Work that is not defective and satisfactorily correct and remove and replace any damage to other Work or the Work c;,* others resulting therefrom. If the Contractor does not promptly comp y i the terms of such instructions, or in an emergency where delay woul� cause serious risk of loss or damage, the City may have the (iefective Workmanship corrected or the rejected Work removed and replaced!� and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of the Engineer/Project Manager, attorneys and other professionals) will be paid by the Contractor, 31.2 Where defective Work (and. damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph, the cbri-ection period hereunder with respect to such Work will be extended for an it of Tamarac t. Purchasing and Contracts Division additional period as noted in the Technical Specifications after such correction or removal and replacement has been satisfactorily completed. 31.3 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations that the Contractor might have under the Contract Documents, Establishment of the time period as described in Section 32.1 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligation other than specifically to correct the Work. 32. CONTRA_CT TIME 32.1 Time is of the Essence for Work performed under the Contract. The Work, as identified in the construction plans Section shall be commenced upon the date of "Notice to Proceed" and, subject to authorized adjustments, shall be completed as within the calendar days listed below. Failure to achieve timely, substantial and/or final completion shall be regarded as a breach of this contract and subject to appropriate remedies including but not limited to liability for liquidated damages in accordance with the LiquiYated Damages provisions as specified under the General Terms and Conditions of this bid/sol i citation. NOTE: This project contains two (2) Phases. Phase One consists of all work related to the Central and West Pump Stations, Phase Two consists of all work related to the East Pump Station. It is the City's intent to.award and complete the project for both Phases within the total days specified for each in the bid document. Each Phase shall have it's own Payment & Performance Bond in the amount of 100% of the bid amount for each phase. Phase Two bonding will not be required until substantial completion of Phase One. * '�Ll "Alr V9 �Ot Mw C ft�koz -�� oa �4v - Phase One will commence after award of the contract and issuaon�'tce �oQ'spli&AtL- Notice To Proceed. The issuance of a 2`1 Notice To Proceed for Phase Two, East Pump Station, is contingent upon the City's ability to obtain the legal right to fully access all property required to perform the scope of work detailed in the bid specification for the East Pump Station. For purpose of award, Phase One and Phase Two will be added together to determine the apparent low bidder. The City has set a Phase One completion timeframe of 365 calendar days (not including any potential City approved extensions). If after that time, full legal right to access the property required to perform Phase Two has not been obtained, the City will add up to an additional 180 calendar days to the contract time. After 180 calendar days, if full 42 of Tamarac and legal property access is still pending, the City reserves the right not to issuc Nofice To Proceed for Phase Two, East Pump Station and to issue a deduct order to the contract equal to the bid amount for all Phase Two bid items witl additional claim for payment by the Contractor, Submission of a bid shall be the acceptance of this contract term. If after completion and acceptance of Phase One work and within the add calendar days the full legal right has been obtained by the City to perform P the 2 nd Notice to proceed will be issued with a required time of completi calendar days plus any potential City approved extensions. The Contractor will also be allowed the Re -Mobilization contingency fee as subr the awarded Contractor in the Schedule of Prices, if the 2 nd Notice to Proceed i after final completion of Phase One and within the additional 180 calendar day r previously mentioned above, providing the Contractor has substantially den after completion and acceptance of Phase One by the City. The Re-Mol contingency fee will not be allowed if the City obtains full legal right to perforr Two prior to completion of Phase One. Note: An Unbalanced bid price submitte Re -Mobilization contingency item may be reason for rejection of bid. �ts Division the 2 "d change lout any bidder's �nal 180 oe Two, of 270 itted by issued :,riod as obilized ilization Phase I for the 32.2 The Contractor shall provide services as expeditiously as is consist ant with reasonable skill and care and the orderly progress of design and construction. 32.3 Time limits stated in the Contract Documents shall be strictly adhere4 to. The Work to be performed under this Agreement shall commence as di cted in the Notice to Proceed unless otherwise agreed In writing. t 32.4 Contract Time may only be changed by a properly and fully executecll� change order that shall exist prior to the extension of the Contract Time. 11 32.5 Any claim for an increase or decrease in the Contract Time shall be sed on written notice delivered by the party making the claim to the oth �r party promptly (but in no event later than 1.5 days) after the occurrence of the event giving rise to the claim and stating the general nature of the cla m. 32.6 Extension of time shall be considered and will be based solely u on the effect of delays to work as a whole. Extensions of time shall not be granted for delays to work, unless the Contractor can clearly demonstrate tt at such delays did or will, in fact, delay the progress of the work as a whole. Time extensions shall not be allowed for delays to parts of the work that ar not on the critical path of the Construction Schedule. Time extensions sha I not be granted until all float or contingency time, resulting from the early completion of work on the critical path, available to absorb specific delays and associated impacts is used. 32.7 The Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from the City for direct, Indirect, 43 -Cityof Tamarac AM k� Purchasing and Contracts Division IV.* consequential, impact or other costs, expenses or damages including but not limited to costs of acceleration or inefficiency, or extended overhead arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Contractor for hindrances or delays due solely to fraud, bad faith or active malicious interference on the part of the City or its agents. Otherwise, the Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for excusable events of delay. The following shall constitute "Excusable Events of Delay": 32.7.1 An act, delay or order of the City obstructing or delaying the Contractor in the commencement, prosecution or completion of a Project activity other than an act, delay or order issued by the City reasonably in good faith in its role as a Government regulator or actions reasonably taken by the City in good faith, in the enforcement of its ordinances, laws, executive orders or rules of general applicability. Nothing under this subsection shall be deemed an Excusable Event of Delay to the extent that performance would have been suspended, delayed or interrupted by any other cause, including but not limited to the fault or negligence of the Contractor or for which an adjustment or extension to the Project Schedule is made or provided for, or excluded under any other term or condition of this Contract. 32.7.2 Acts of God, wars, fires (other than those resulting from the negligence or willful misconduct of the Contractor or attributable to the Contractor), floods, epidemics, quarantine restrictions and freight embargoes. 32.7.3 Strikes which are unforeseeable or beyond the control of the Contractor to prevent and which are not the result of any or negligence of the Contractor, but only if the Contractor takes reasonable action to perform notwithstanding the strike. Failure to perform because of additional cost shall not be deemed compliance. 32.7.4 Weather conditions exceeding normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale weather station. 32.7.5 The City acting reasonably, will determine the number of days, if any, that the Contractor has been delayed. Any disputes over the number of days, if any, that the Contractor has been delayed shall be resolved in accordance with the Dispute Resolution provisions. 44 of Tamarac Lm-*q and Division in addition, the Contractor shall continue performance of the Contract Documents. 32.8 When any period of time is referred to in the Contract Documents in days, it will be computed to exclude the first and include the last day of su& period. If the last day of any such period falls on a Saturday or Sunday or c n a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of twenty-four (2f) hours measured from midnight to the next midnight shall constitute a day. � 33. CONSTRUCTION SCHEDULE 33.1. The construction schedule shall be in the form of a tabulation, chart r graph (MS Project 98) and shall be in sufficient detail to show the critical qath and the chronological relationship of all activities contained in the project: These include, but are not limited to: estimated starting and completion i ates of various activities, submittals required to the Engineer/Project Mamiger for approval, procurement of material and scheduling of equipment. 33.2 The Construction Schedule shall allow for a maximum turnaround ime by ,the Engineer/Project Manager of fourteen calendar days on all submittals, shop drawings and all requests for information. 33.3 The construction schedule shall reflect the completion of all WorK to be performed within the specified time and in accordance with the ontract Documents. f 33.4 The construction schedule shall be thoroughly revi6wed and updat d on a monthly basis. The revised schedule shall be submitted to the City at least every 30 days during the term of this Agreement and shall reflect a current schedule of activities, percent complete and remaining durations for all tasks. 33.5 Float, slack or contingency time derived from the early completion f tasks on the critical path is not for the exclusive use or benefit of the Co itractor. The Contractor shall not utilize such time without the prior written cc risent of the City. 33.6 If the Contractor desires to make changes in the method of operat: n after the construction approval of the construction schedule, otif the Engineering/Project Manager determines that the schedule fails to rEflect the actual progress, the Contractor shall submit to the Engineerin(II/Project Manager a revised construction schedule for approval. 34, PROTECTION OF PERSONS AND PROPERTY 34.1 The Contractor shall be solely responsible for initiating, maintailing and providing supervision for compliance with Occupational Safety and H�alth Act 45 City of Tamarac 0. Purchasin2 and Contracts Division (OSHA) standards for safety precautions and programs in connection with the Work. 34.2 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein; and (3) other property at or adjacent to the site. 34.3 The Contractor shall comply with applicable laws, ordinances, rules, regulations and orders of public authorities bearing on the safety of persons and property and their protection from damage, injury or loss. 34.4 The Contractor shall be liable for damage or loss (other than damage or loss to property insured under the property insurance provided or required by the Contract Documents to be provided by the City) to property at the site caused in whole or in part by the Contractor, a Sub -Contractor of the Contractor or anyone directly or indirectly employed by either of them, or by anyone for whose acts they may be liable. 34.5 All unit prices provided by the Contractor as a part of this Bid shall include the cost of all safety equipment necessary for the performance of the Work. 34.6 The Contractor shall comply with the requirements of the Florida Trench Safety Act and all applicable OSHA Regulations pertaining to excavation. 34.7 The Contractor shall comply with Florida Statutes, Chapter 556, Underground Facility Damage Prevention and Safety Act and secure the underground locations and obtain a Sunshine State One Call Certification number prior to beginning any excavation. 35. TRAFFIC CONTROL AND WORKING HOURS 35.1 The Contractor shall be responsible for maintaining all traffic controls during the entire period of resurfacing. All traffic controls shall conform to Manual of Uniform Traffic Control Device (MUTCD) and Florida Department of Transportation Roadway and Traffic Design Standards, latest editions and must be approved by the City in advance. At all times, at least one lane shall be kept open with adequate and legal traffic controls. Work should be avoided during peak traffic hours. Working hours are set between 8 A.M. to 4 P.M, any deviation shall be approved in advance by the City. 35.2 The Contractor shall be responsiblp for obtaining any and all required Maintenance of Traffic Permits from the appropriate regulatory authorities. 35.3 Lane blockage will not be permitted without written approval of the Engineer/Project Manager. 46 of Tamarac MNW. Purchasing and Contraos Division 35.4 All unit prices provided by the Contractor as a part of this Bid shall in Jude all cost relating to the Maintenance of Traffic including any and a I safety equipment necessary, including but not limited to, barricades, signs , traffic markings, arrow boards, etc. 36. HURRICANE AND SEVERE WEATHER PRECAUTIONS 36.1 At the direction of the Engineer/Project Manager, the Contrac r shall immediately take all protective actions necessary to secure the construction site, materials, debris and equipment. 36.2 All construction materials or equipment will be secured against displacement by wind forces. 37. WORL(_5X THE CITY OR CITY'S CONTRACTORS 37.1 The. City reserves the right to perform Work related to, but not pal of, the Project and to award separate contracts in connection with other Wo k at the site. 37.2 The Contractor shall afford the City's separate Contractors reasonable opportunity for introduction and storage of their materials and equipiinent for execution of their work. The Contractor shall incorporate and coordirlate the Contractor's work with the work of the City's separate contractors as required by the Contract Documents. 37.3 Costs caused by defective or ill-timed Work shall be borne by responsibly;. e party 47 0 rm"I Vv _T.� : '•�"''"+sn_ ,,•r Lan(r!C'S iJr. SiCr COMPANY NAME: (Please Print): Wharton -Smith, Inc. Phone: 407/321-8410 F2x: 407/323--1236 BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1, Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. 7 2. Properly fill out the Bid Forms and Bid Schedule. x[] 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. 7 4. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. Q 5. Fill out the Offeror's Qualification Statement. xx 6. Fill out the References page, 7. Sign the Vendor Drug Free Workplace Form. 0 8. Fill out the List Of Subcontractors. 519 Include a 5% Bid Guaranty. Failure to provide the stipulated bond or guaranty will result in automatic rejection of your bid, Payment and Performance Bonds will be required and must be submitted on the City's forms. 5110. Fill out and sign the Certified Resolution. 0 11, Complete and return the Trench Safety form. ]x 12, Include proof of insurance. 13, Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with th.e BID NUMBER. AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. INC. 134er's Name CITY OF TAMARAC STORMWATER PUMP STATIONS EAST, CENTRAL, & WEST RENOVATIPNS BID NO. 04-05B BID SCHEDULE BIDDER AGREES TO PERFORM ALL THE WORK DESCRIBED IN THE CONT DOCUMENTS FOR THE FOLLOWING UNIT PRICES OR LUMP SUMS: ItCT NOTE: BIDS SHALL INCLUDE SALES TAX AND ALL OTHER APPLICABLE TAXFS. The Total Cost on any Unit Price item is simply, Quantity times the Unit Cost and only to the extent of the actual units of usage. Any discrepancy between the unit and total, the unit cost prevails. (PHASE ONE) CENTRAL No. 2 PUMP STATION ITEM ITEM DESCRIPTION No. 1 Mobilization & Demobilization, Bonds & General Conditions. The lump amount for mobilization and demobilization shall include the costs of tri equipment to and from the site, clean up and disposal of debris, exces! asphalt, surplus excavation, and all other costs incidental or necessary and terminate construction. The lump sum amount shall include the full providing and maintaining current all performance, payment, maintenar warranty bonds, insurance, and all required construction permits. QUANT. UNITS UNIT COST TOTAL COST 1 L5 7 .. 2 Density Testing as indicated in Section 01458 And 02315 of the Contra( Specifications. QUANT. UNITS UNIT COST 1 L S �) Cf O TOTAL COST LC yable urn isporting pipe, o initiate ;ost of :e, and YN ARMN-SMITH, INC. Bidder's Name (PHASE ONE) CENTML .(No. 2) PUMP STATION ITEM ITEM DESCRIPTION No. 4 Survey stakeout & certified "as -built" record drawings. The lump sum amount submitted shall include all the cost of labor, equipment and material necessary to produce the record drawings in accordance with Section 01785 of the Contract Specifications. QUANT. UNITS UNIT COST 1 LS 'n ' TOTAL COST 5 Pre -construction videotapes and construction photographs, as.indicated in Section 01321 of the Contract Specifications. QUANT. UNITS UNIT COST 1 LS I , ()LSE) TOTAL COST 6 Furnish all material, equipment, and labor necessary to provide, install, and maintain 6-0" high, chain link construction fencing with fabric privacy screening. Construction fencing shall be placed around the perimeter of the construction site and shall remain in place throughout the duration of the Project. QUANT. UNITS UNIT COST TOTAL COST 1 LS eS-211 Revised 03/17/04 WHARTON-SMITH, INC. Bidder's Name (PHASE ONE) CENTRAL (No. 2) PUMP STATION ITEM No. 7 0 ITEM DESCRIPTION Furnish all material, equipment, and labor necessary to provide, install, maintain 8'-0" wide, asphalt paved bicycle path to divert pedestrian traf construction zone. Temporary bicycle path shall remain in place throug duration of the Project. QUANT. UNITS UNIT COST TOTAL COST 1 LS J bLL2 nc f"D land �c around Trout the Furnish all materials, equipment and labor necessary for removing and lisposing at a suitable facility offsite the existing pump station building, axial flow purrips, piping, and equipment, existing propane tanks, tank supports, and underground gas piping, bypass culvert, pump discharge pipes, flap gates, rip -rap he dwall, concrete control structure, reinforced concrete walkways, asphalt pavenient, handrailing, chain link fence, and landscaping, as shown on the plans a d in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS Y 9 Furnish all materials, equipment and labor necessary to install canal tur barriers and temporary silt fence, to be maintained during the duration c project. QUANT. UNITS UNIT COST TOTAL COST 1 LS 1 j Ti idity the WHARTON-SMITH, INC. Bidder's Name (PHASE ONE) CENTRAL (No. g1PUMP STATION ITEM ITEM DESCRIPTION No. 10 Furnish all materials, equipment and labor necessary to construct all structural work (concrete and steel) including but not limited to: reinforced concrete pump station walls, wing walls, foundation slabs, footings, headwalf structure; all structural steel and channel beams for supporting pumps, motors, grating, bar rack, and canal protection grate, The lump sum amount shall include all temporary sheet piling and dewatering operations necessary to construct the pump station, as shown on the plans and in accordance with the specifications - as described herein. QUANT. UNITS UNIT COST TOTAL COST y� 1 L S 11 Furnish all material, equipment and labor required for the furnishing and installation of the storm water pump station components including but not limited to: three (3) 36-inch diameter Vertical Style Axial Flow Propeller Pumps with not less than 150-HP electric motor drives; three (3) mounting base plate assembles, three (3) 36 inch diameter discharge flap gates, 60-inch bypass sluice gate; and two (2) eight (8) hour days of start-up and operation training by the pump manufacturer's factory certified technician, QUANT. UNITS UNIT COST TOTAL COST LS 32). r _3'yo, 12 Furnish all materials, equipment and labor necessary to install 60-inch diameter RCP bypass culvert pipe, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST 90 LF L2 13 Furnish all materials, equipment and labor necessary to install 36-inch diameter DIP discharge piping, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST 270 LF 140 WHARTON-SMITH, Bid0er's Name (PHASE ONE) CENTRAL INo:. 2) PUMP STATION ITEM No. 14 15 16 ITEM DESCRIPTION Furnish all materials, equipment and labor necessary to construct inclin d removable aluminum bar rack assembly, aluminum pump sump grating aluminum handrailings, and all miscellaneous metal work, including paijiting, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST I 1 LS .]L . Y_ Furnish all materials, equipment and labor necessary to install all storm ater pump station electrical and instrumentation work, complete SCADA & R U system, emergency power generator with fuel storage tank, including bL not limited to: motor control center, starters, new FPL transformer, cabinets conduits, wire cables, pull boxes, lighting, power receptacles, switches, breakers, reinforced concrete equipment pads, and all necessary electri al circuits, as shown on the plans and in accordance with the specification as described herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS �r c�L i_' _ Furnish all materials, equipment and labor necessary to install permane t vinyl - coated, chain link fence with two (2) double gates, as shown on the plan and as indicated in the Contract Specifications. QUANT. UNITS UNIT COST TOTAL COST 1,300 LF�-� , WHARTON-SMITH. INC. Bidder's Name (PHASE ONE) CENTRAL (No. 2) PUMP STATION ITEM ITEM DESCRIPTION No. 17 Furnish all materials, equipment and labor necessary to excavate pump station pond to the elevations shown on the plans. The lump sum includes the loading, hauling, and disposal of existing sand, silt, soil, vegetation, rocks, boulders, rip - rap, materials, scrap steel, etc. at a suitable facility offsite. As shown on the plans and in accordance with the specifications, as described herein. QUANT, UNITS UNIT COST TOTAL COST cx I LS 18 Furnish all materials, equipment and labor necessary to construct new asphalt pavement including base and sub -base material, as shown on the plan. QUANT, UNITS UNIT COST TOTAL COST 500 SY L C-NDO 19 Furnish all material, equipment, and labor necessary to install 6-inch thick concrete sidewalk, as directed by the City. The unit price shall include sawcutting, removal, and disposal of existing concrete sidewalk; supply and placement of concrete pavement; removing surplus material, and cleaning up the site. QUANT. UNITS UNIT COST TOTAL COST 425 SY L�o � --f , LLE� 20 Furnish all materials, equipment and labor necessary to install compacted subgrade material for the pump station foundation and compacted backfill to the finished grade between the temporary sheet piling and the pump station walls, as required. Note: payment for this Bid Item shall be based solely upon the compacted -in -place measurement of the installed material. QUANT, UNITS UNIT COST TOTAL COST 2,000 CY q I , ClIft-) WHARTON-SMIT Wa Bidder's Name (PHASE ONE) CENTRAL (No. 2) PUMP STATION ITEM No. 21 22 ITEM DESCRIPTION Furnish all materials, equipment and labor necessary for grading, sodd installation of irrigation system, and landscaping around the stormwate. station, as shown on the plans. QUANT. UNITS UNIT COST TOTAL, COST mg, r pump A contingency allowance for unforeseen equipment, materials, or other ork not directly or indirectly included in any of the items listed. All work paid for, under this item must be authorized in writing by the City and Engineer. If the amount is not used either wholly or in part, the amount not used shall be deducted from the contract price. TOTAL BASE BID AMOUNT Sum Of Items 'I through 22 $165,000.00 L 11W WHARTON-SMITH, INC. Bidder's Name CITY OF TAMARAC STORMWATER PUMP STATIONS EAST, CENTRAL, & WEST RENOVATIONS BID NO. 04-05B BID SCHEDULE BIDDER AGREES TO PERFORM ALL THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS FOR THE FOLLOWING UNIT PRICES OR LUMP SUMS: NOTE: BIDS SHALL INCLUDE SALES TAX AND ALL OTHER APPLICABLE TAXES. The Total Cost on any Unit Price item is simply, Quantity times the Unit Cost and is payable only to the extent of the actual units of usage. Any discrepancy between the unit and total, the unit cost prevails. (PHASE ONE) WEST (No. 3)_PUMP STATION ITEM ITEM DESCRIPTION No. 1 Mobilization & Demobilization, Bonds & General Conditions. The lump sum amount for mobilization and demobilization shall include the costs of transporting equipment to and from the site, clean up and disposal of debris, excess pipe, asphalt, surplus excavation, and all other costs incidental or necessary to initiate and terminate construction. The lump sum amount shall include the full cost of providing and maintaining current all performance, payment, maintenance, and warranty bonds, insurance, and all required construction permits. QUAINT. UNITS UNIT COST 1 LS 1LOIC TOTAL COST C:1c - ;uv 2 Density Testing as indicated in Section 01458 And 02315 of the Contract Specifications. QUANT, UNITS UNIT COST TOTAL COST 1 LS ,3 WHARTON-SM z. (PHASE ONE) Y&& T [No. 3) PUMP STATION ITEM ITEM DESCRIPTION No. WLAJILL�LM 4 Survey stakeout & certified "as -built" record drawings. The lump sum an submitted shall include all the cost of labor, equipment and material nec to produce the record drawings in accordance with Section 01785 of the Contract Specifications. QUANT. UNITS UNIT COST TOTAL COST 1 LSD 5 Pre -construction videotapes and construction photographs, as indicated Section 01321 of the Contract Specifications. QUANT. UNITS UNIT COST TOTAL COST 6 Furnish all material, equipment, and labor necessary to provide, install, maintain 6'-0" high, chain link construction fencing with fab6c privacy scr Construction fencing shall be placed around the perimeter of the constru site and shall remain in place throughout the duration of the Project. QUANT. UNITS UNIT COST TOTAL COST INC. Ws Name nt U id caning. :tion BS-9R Revised P3/17/2004 WHARTON-SMITH. INC. Bidder's Name (PHASE ONE) WEST No. 3 PUMP STATION ITEM ITEM DESCRIPTION No. 7 Furnish all material, equipment, and labor necessary to provide, install, and maintain 8'-0" wide, asphalt paved bicycle path to divert pedestrian traffic around construction zone. Temporary bicycle path shall remain in place throughout the duration of the Project. QUANT. UNITS UNIT COST TOTAL COST 8 Furnish all materials, equipment and labor necessary for removing and disposing at a suitable facility offsite the existing pump station building, axial flow pumps, piping, and equipment, existing propane tanks, tank supports, and underground gas piping, bypass culvert, pump discharge pipes, flap gates, rip -rap headwall, concrete control structure, reinforced concrete walkways, asphalt pavement, handrailing, chain link fence, and landscaping, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST 1 LS ,-X? TOTAL COST 9 Furnish all materials, equipment and labor necessary to install canal turbidity barriers and temporary silt fence, to be maintained during the duration of the project. QUANT. UNITS UNIT COST 1 LS _ S,_Cli-0 TOTAL COST WHARTOWSMIT�, INC. a (PHASE ONE) WEST (No.-3-) PUMP STATION ITEM No. 10 11 12 ITEM DESCRIPTION Name I Furnish all materials, equipment and labor necessary to construct all sl �uctural work (concrete and steel) including but not limited to: reinforced concrr�e pump station walls, wing walls, foundation slabs, footings, headwall structure I all structural steel and channel beams for supporting pumps, motors, grating, bar rack, and canal protection grate. The lump sum amount shall include a I temporary sheet piling and dewatering operations necessary to construct the pump station, as shown on the plans and in accordance with the specif,cations, as described herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS Furnish all material, equipment and labor required for the furnishing andi installation of the storm water pump station components including but n �t limited to: three (3) 36-inch diameter Vertical Style Axial Flow Propeller Pumps with not less than 150-HP electric motor drives; three (3) mounting base plate assembles; three (3) 36 inch diameter discharge flap gates, 60-inch bypass sluice gate; and two (2) eight (8) hour days of start-up and operation tra �ning by the pump manufacturer's factory certified technician. QUANT. UNITS UNIT COST TOTAL COST LS 3qciap, '7 L, L& f- 54 Furnish all materials, equipment and labor necessary to install 60-inch d RCP bypass culvert pipe, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST 90 LF r6 LL L , .. ter 13 Furnish all materials, equipment and labor necessary to install 36-inch di meter DIP discharge piping, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST 270 LF WHARTON-SMITH. INC. Bidder's Name (PHASE ONE) WEST (No. 3) PUMP STATION ITEM ITEM DESCRIPTION No. 14 Furnish all materials, equipment and labor necessary to construct inclined removable aluminum bar rack assembly, aluminum pump sump grating, aluminum handrailings, and all miscellaneous metal work, including painting, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST 1 LS TOTAL COST 15 Furnish all materials, equipment and labor necessary to install all stormwater Pump station electrical and instrumentation work, complete SCADA & RTU system, emergency power generator with ' fuel storage tank, including but not limited to: motor control center, starters, new FPL transformer, cabinets, conduits, wire cables, pull boxes, fighting, power receptacles, switches, breakers, reinforced concrete equipment pads, and all necessary electrical circuits, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS 't-, Y� ('�. Ll� 16 Furnish all materials, equipment and labor necessary to install permanent vinyl - coated, chain link fence with two (2) double gates, as shown on the plans and as indicated in the Contract Specifications. QUANT. UNITS UNIT COST 1,300 LF TOTAL COST r, C1 4 -) WHARTOWSIIVIIIT� Wa Bidder's Name (PHASE ONE) WEST (No. 3) PUMP STATION ITEM No. 17 IW ITEM DESCRIPTION Furnish all materials, equipment and labor necessary to excavate pump station pond to the elevations shown on the plans. The lump sum includes the loading, hauling, and disposal of existing sand, silt, soil, vegetation, rocks, boul($ers, rip - rap, materials, scrap steel, etc. at a suitable facility offsite. As shown op the I plans and in accordance with the specifications, as described herein. � QUANT. UNITS UNIT COST TOTAL COST 1 LS Furnish all materials, equipment and labor necessary to construct new pavement including base and sub -base material, as shown on the plan QUANT, UNITS UNIT COST TOTAL COST 500 SY ��12 — ) �21 app — 19 Furnish all material, equipment, and labor necessary to install 6-inch thi concrete sidewalk, as directed by the City. The unit price shall include sawcutting, removal, and disposal of existing concrete sidewalk; supply placement of concrete pavement; removing surplus material, and cleani the site. QUANT, UNITS UNIT COST TOTAL COST 425 SY 1�1 I (Y)D 20 Furnish all materials, equipment and labor necessary to install compact( subgrade material for the pump station foundation and compacted backi finished grade between the temporary sheet piling and the pump station as required, Note: payment for this Bid Item shall be based solely ul comacted-in-place measurement of the installed material. QUANT. UNITS UNIT COST TOTAL COST 2,000 CY kl� M alt up �11 to the �walls, �on the WHARTON-SMITH, INC. Bidder's Name (PHASE ONE) WEST No. 3 PUMP STATION ITEM ITEM DESCRIPTION No. 21 Furnish all materials, equipment and labor necessary for grading, sodding, installation of irrigation system, and landscaping around the stormwater pump station, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST 22 A contingency allowance for unforeseen equipment, materials, or other work not directly or indirectly included in any of the items listed. All work paid for under this item must be authorized in writing by the City and Engineer. If the amount is not used either wholly or in part, the amount not used shall be deducted from the contract price. $165,000.00 TOTAL BASE BID AMOUNT Sum Of Items 1 through 22 WHARTON-SM CITY OF TAMARAC STORMWATER PUMP STATIONS EAST, CENTRAL, & WEST RENOVA BID NO.04-05B BID SCHEDULE BIDDER AGREES TO PERFORM ALL THE WORK DESCRIBED IN THE CONT DOCUMENTS FOR THE FOLLOWING UNIT PRICES OR LUMP SUMS: INC. er's Name NOTE: BIDS SHALL INCLUDE SALES TAX AND ALL OTHER APPLICABLE TAXES. The Total Cost on any Unit Price item is simply, Quantity times the Unit Cost and is only to the extent of the actual units of usage. Any discrepancy between the unit and total, the unit cost prevails. (PHASE TWO) EAST No. 1 PUMP STATION ITEM No. 1 ITEM DESCRIPTION S able Mobilization & Demobilization, Bonds & General Conditions. The lump s � m amount fog mobilization and demobilization shall include the costs of trarlsporling equipment to and from the site, clean up and disposal of debris, excess pipe, asphalt, surplus excavation, and all other costs incidental or necessary to initiate and terminate construction. The lump sum amount shall include the full qost of providing and maintaining current all performance, payment, maintenan and warranty bonds, insurance, and all required construction permits. t, QUANT 1 UNITS UNIT COST TOTAL COST 2 Density Testing as indicated in Section 01458 And 02315 of the Contra Specifications. QUANT. UNITS UNIT COST TOTAL COST WKqM)N4"TK UiCft or Bidder's Name (PHASS TWO) EAST (No. 1) PUMP STATION ITEM ITEM DESCRIPTION No. QUANT, UNITS UNIT COST TOTAL COST 4 6&- 4 Survey stakeout & certified "as -built" record drawings. The lump sum amount submitted shall include all the cost of labor, equipment and material necessary to produce the record drawings in accordance with Section 01785 of the Contract Specifications. QUANT. UNITS UNIT COST TOTAL COST 1 LS Pre -construction videotapes and construction photographs, as indicated in Section 01321 of the Contract Specifications. QUANT. UNITS UNIT COST TOTAL COST 1 LS [' L"C,�D ) I c-"Do 6 Bypass Pumping for East Pump Station. Furnish all material, equipment, and labor necessary to provide the bypass pumping of the East Stormwater Pump Station with a bypass pump sized to handle 30,000-cigm minimum. The unit price shall include all required rental fees, bypass connections, and all installation & operating costs. Note: This Bid Item Is only to be used should the construction occur during the South Florida "rainy season" months (between June I "' and December I "). If the amount for thIs Item i's not used in whole or in part, that amount bid shall be deducted from the contract price. QUANT, UNITS UNIT COST TOTAL COST 6 MONTHLY [�L�ILW BS-16R Revised 03/17/04 WHARTON-SMIT� INC, Bi4er's -Name (PHASE TWO) EAST (No. 1) PUMP STATION ITEM No. 7 ITEM DESCRIPTION Furnish all materials, equipment and labor necessary for removing and c at a suitable facility offsite the existing pump station building, axial flow p piping, and equipment, existing propane tanks, tank supports, and under gas piping, bypass culvert, pump discharge pipes, flap gates, rip -rap hez concrete control structure, reinforced concrete walkways, asphalt.pave handrailing, chain link fence, and landscaping, as shown on the plans a accordance with the specifications, as described herein. I QUANT. UNITS UNIT COST TOTAL COST 1 LS __X ..,J 40L �_,C) — LL 4 8 Furnish all materials, equipment and labor necessary to install canal turb barriers and temporary silt fence, to be maintained during the duration of project. QUANT. UNITS UNIT COST TOTAL COST 1 LS (--3, cco '�' �:Z& �611 lisposing omps, ground dwall, ent, d in ity ie Furnish all materials, equipment and labor necessary to construct all stru(tural work (concrete and steel) including but not limited to: reinforced concrete :)ump station walls, wing walls, foundation slabs, footings, headwall structure; al structural steel and channel beams for supporting pumps, motors, grating bar rack, and canal protection grate. The lump sum amount shall include all Wmporary sheet piling and dewatering operations necessary to construct the pump s�lation, as shown on the plans and in accordance with the specifications, as descii,ibed herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS WHARTON-SMITH. INQ Bidder's Name (PHASE TVVO) EAST (No. I I PUMP STATION ITEM No. 10 11 12 ITEM DESCRIPTION Furnish all material, equipment and labor required for the furnishing and installation of the storm water pump station components including but not limited to: two (2) 36-inch diameter Vertical Style Axial Flow Propeller Pumps with not less than 150-HP electric motor drives; two (2) mounting base plate assembles; two (2) 36 inch diameter discharge flap gates, 60-inch bypass sluice gate; and two (2) eight (8) hour days of start-up and operation training by the pump manufacturer's factory certified technician. QUANT. UNITS UNIT COST TOTAL COST LS Ln o, (NYx" Ao L-�, Furnish all materials, equipment and labor necessary to install 60-inch diameter RCP bypass culvert pipe, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST 240 LF Ic- :2(.� EL, LCD Furnish all materials, equipment and labor necessary to install 36-inch diameter DIP discharge piping, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST 400 LF I L4_D S_P, 13 Furnish all materials, equipment and labor necessary to construct inclined removable aluminum bar rack assembly, aluminum pump sump grating, aluminum handrailings, and all miscellaneous metal work, including painting, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS [ � f� Ll�, 0 11 t);,N) WHARTON-SIVIITH� i 1-1 (PHASE TWO) EAST (No. 1) PUMP STATION ITEM No. 14 W 16 ITEM DESCRIPTION Furnish all materials, equipment and labor necessary to install all stormwater pump station electrical and instrumentation work, complete SCADA & R-'U system, emergency power generator with fuel storage tank, including but not limited to: motor control center, starters, new FPL transformer, cabinets, conduits, wire cables, pull boxes, lighting, power receptacles, switches, breakers, einforced concrete equipment pads, and all necessary electrical circuits, as shown on the plans and in accordance with the specifications, as described herein, I QUANT. UNITS UNIT COST TOTAL COST 1 LS I , &L-AL) )!E_4 ev Furnish all materials, equipment and labor necessary to inStall permaneni, vinyl - coated, chain link fence with two (2) double gates, as shown on the plans and as indicated in the Contract Specifications. QUANT, UNITS UNIT COST TOTAL COST 680 LF Furnish all materials, equipment and labor necessary to excavate pump sl I Otion pond to the elevations shown on the plans. The lump sum includes the IoE ing, hauling, and disposal of existing sand, silt, soil, vegetation, rocks, boulder!�, rip - rap, materials, scrap steel, etc. at a suitable facility offsite. As shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS 17 Furnish all materials, equipment and labor necessary to construct new a pavement including base and sub -base material, as shown on the plan. QUANT, UNITS UNIT COST TOTAL COST 400 SY 2(- WHARTON-SMITH, INC. Bidder's Name (PHASE TWO) EAST No. 1 PUMP STATION ITEM ITEM DESCRIPTION No. 18 Furnish all materials, equipment and labor necessary to install compacted subgrade material for the pump station foundation and compacted backfill to the finished grade between the temporary sheet piling and the pump station walls, as required. Note: payment for this Bid Item shall be based solely upon the compacted -in - lace measurement of the installed material. QUANT. UNITS UNIT COST TOTAL COST 2,000 CY L i 19 Furnish all materials, equipment and labor necessary for grading, sodding, installation of irrigation system, and landscaping around the stormwater pump station, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST 7 (PHASE TWO) EAST No. 1 PUMP STATION ITEM ITEM DESCRIPTION No. 20 A contingency allowance for unforeseen equipment, materials, or other i directly or indirectly included in any of the items listed. All work paid for item must be authorized in writing by the City and Engineer. If the amoL used either wholly or in part, the amount not used shall be deducted fror contract price. 21 $150,000.00 TOTAL BASE BID AMOUNT Sum Of Items 1 through 20 Contingency for Re -Mobilization for East Pump Station (Phase Two) Item will only be paid in the event Re -Mobilization becomes necessary. T Item will not be totaled in the Base Bid. It will be effected only by a writte Order at the contingency price submitted by the Contractor. Note: An ou balance or unreasonable high price submitted by a Kidder for this contingency item, as compared to industry or market standards, ma in the entire Bid to be determined non -responsive. hJDLL _ s`Name )rk not ider this t is not the This Bid is Bid Change of result CITY OF TAMARAC WHARTON-SMITH, INC. Bidder's Name STORMWATER PUMP STATIONS EAST, CENTRAL, & WEST RENOVATIONS BID NO.04-05B BID SUMMARY (PHASE ONE) CENTRAL PUMP STATION NO. 2 WEST PUMP STATION NO. 3 (PHASE TWO) EAST PUMP STATION NO. 1 TOTAL BASE BID AMOUNT end 3 4 x-126,4"N city Of ranNirlic Purc?7asina and Conri-ICIS Dposiol� BID FORM BID 04-OSB STORMWATER PUMP STATIONS RENOVATIONS Submitted by: Wharton -Smith, Inc. (Bidder) -L/_24/04 (Date) THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88 1h Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, if this bid is accepted, I enter into a contract with the City to perform and furnish all Work as specif iec herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the d . a of bid opening, Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award, a) Bidder has familiarized itself with the nature and extent of the conto :a ct documents, locality, and all local conditions and laws and regulations ,hat in any manner may affect cost, progress, performance or furnishing ofthe Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and he written resolution thereof by the City is acceptable to Bidder, c) This Bid is genuine and not made in the interest of or on behalf of ny undisclosed person, firm or corporation and is not submitted in conforn ity with any agreement or rules of any group, association, organization i or corporation; -Bidder has not directly or indirectly induced or solicited Jny 'Bidder other Bidder to submit a false or sham Bid; has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City, Bidder will complete the Work for the prices shown in the "Bid Form" Bidder agrees that the Work will be substantially performed and compt te, in accordance with the schedules established herein. Cit� &Tar -am,: Pzvchmfig )nd Ct,)rMacts Divisicl) BID FORM (continued) The City of Tamarac is hereby requesting Bids, from qualified vendors, for the construction of the City of Tamarac East, Central, & West Stormwater Pump Stations, which includes the demolition and removal' of existing buildings, headwalls, piping, equipment, and wiring, and the construction of new buildings and structures, including the installation of new pumps, generators, electrical controls, bar screens, pump discharge and bypass piping, flap -gates, and all associated appurtenances. In order to be considered for this project, the vendor must meet the following conditions: The work consists of furnishing all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Bidder shall be: 1. A State Certified General Contractor with at least five (5) years of verifiable full- time experience with a minimum of two (2) projects of similar nature or dollar cost. OR 2. A State Certified Engineering Contractor with at least five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar nature or dollar cost. OR 3. A Broward County Class "A" Specialty Engineering Contractor with at least five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar nature or dollar cost. We propose to furnish the following in conformity with the specifications and at the below bid prices, The bid prices quoted have been checked and certified to be correct, Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. Cit✓ of Ta"rarac BID FORM BID 04-05B (continued) 8M11 CC,'71JFk1S CIVISl017 The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific a 'd legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Sid, the instructions to Bidders, the Specifications, arid other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to met bid specifications will be rejected by the City within thirty (30) days of delivery. R turn of rejection will be at the expense of the bidder. Wharton -Smith, Inc. Company Name Authorized Siq ture 750 CR 15, P.O.'Lox 471028 Address Lake Monroe, FL 32747 City, State, ZIP George E. Smith, President Typed/Printed Name 407/321--8410 407/323-1236J' Telephone & Fax Number CG C032669 59-2392802 Contractor's License Number Federal Tax ID# �i. r, . �.r ,I; 33-ac �. r aJ(C%'c3:iir1(7 i(1� C`i!1!l.'!i'.'S Url•ISr^r1 BID FORM BID 04-05B (continued) Bidders Name' Wharton -Smith, Inc. TERMS: Net DAYS: 30 To be considered eligible for award, one (1) original of this bid form MUST be submitted with the Bid. Two (2) photocopies of this bid form should accompany the original; however, copies must be provided within 3 business days of the City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. C;f�' C;( Ts-,"gr'J" NON -COLLUSIVE AFFIDAVIT State of Flcricb )ss. County of Seminole Purchnstro xid Contiac� George E. Smith being first duly swom, deposes and says that: 1 He/she is the President (Owner, Partner, Representative or Agent) of wharton-smith, Inc. the Offei has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the al Proposal and of all pertinent circumstances respecting such Proposal: 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4, Neither the said Offeror nor any of its officers, partners, owners, representatives, employees or parlies in interest, including this affiant, t any way colluded, conspired, connived or agreed, directly or indirectly, w other Offeror, firm, or person to submit a collusive or sham Propc connection with the Work for which the attached Proposal has been submil to refrain from bidding in connection with such Work; or have in any rr directly or indirectly, sought by agreement or collusion, or communicat conference with any Offeror, firm, or person to fix the price or prices attached Proposal or of any other Offeror, or to f x any overhead, profit, I elements of the Proposal price or the Proposal price of any other Offeroi secure through any collusion, conspiracy, connivance, or unlawful agre any advantage against (Recipient), or any person interested in the prc Work; n; 0.'V�'S'C)o cer, that ached gents, 3ve in �h any sal in ,ed; or 3nner, Dn, or in the r cost or to ament Dosed 5. The price or prices quoted in the attached Proposal are fair and proper a d are not tainted by any collusion, conspiracy, connivance, or unlawful agreem:mt on the part of the Offeror or any other of its agents, representatives, o yners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: BY. Witnep williaj� C. inson, Jr., o cretary e e , Specialty Estimator --in Wiffiess L*-ry whit 1 7 B. Smith Printed Name President Title P;: �_' (; , r, ' '? [ic-'r. - �." & �' 1'71;'�') '�: Cgil p! Tjriarnc �1 IT44- C017111111=1IM11I4►n NON -COLLUSIVE AFFIDAVIT State of Florida County of Seminole PUrcl%is:nQ and Conti z)C s Ditisloo On this the 24th day of March , 2004, before me, the undersigned Notary Public of the State of Florida, personally appeared George E. Smith ----- - and (Name(s) of individual(s) who appeared before notary) whose names) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. r) DAWN K. BRAGG OTARY PUBLIC, -STATE FLORIDA NOTARY PUBLIC Notary Public, State of Florida SEAL OF OFFICE: My Comm. exp. Oct. 24, 2006 Dawn K. Bragg Comm. No. OD 160805 (Name of Notary Public: Print, Stamp, or Type as Commissioned) ® Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or H5 DID NOT take an oath CA, 0( Tamarac Purchi:Srr7,ry and Carl!f cs DiVIS;00 CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item (s)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instruc ions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below. INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION M OTHEI If "Other", Explain: Aut orized ,nature President. Title Wharton --Smith, Inc. Company Name Lake Monroe, FL 32747 City/State/Zip 407/323-1236 Fax Number George E. Smith Name (Printed Or Typed) 59-2393802 Federal Employer I.D./Social Securi 750 CR 15, P.O. Box 471028 Address 407/321-8410 Telephone - George E. Smith, President Contact Person U [me Citi, ol Tamvic PijrV7,?,su)Q nod Cont.,acts OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88'hAvenue Tamarac, Florida 33321 Check One Submitted By: Wharton -Smith, Inc. Corporation Name: George E. Smith, President F-1 Partnership Address: 750 CR 15, lake Myzue, FL 3Z747 Individual Principal Office: Same as above Other Telephone No. 407/321-8410 Fax No, 407/323-1236 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: Wharton -Smith, Inc. The address of the principal place of business is: 750 County Road 15, P.O. Box 471028, Lake Monroe, FL 32747 P4' If Offeror is a corporation, answer the following: a) Date of Incorporation: April 2, 1984 b) State of Incorporation: Florida c) President's name: George E. Smith d) e) f) Vice President's name: Ronald F_ Davoij Secretary's name: William C. Robinson, ir Treasurer's name: George E. Smith g) Name and address of Resident Agent: George E. Smith 2333 Alaqua Dr. Longwood, FL 32779 J, G+ry u! Tbmari ( ' F'urC17Asrng and G.nrra .rs Dr...Sr017 3. if Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: N/A c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, desc ibe the organization and give the name and address of principals: N/A 5. If Offeror is operating under a fictitious name, submit evidence of compliance P 9 p with the Florida Fictitious Name Statute. N/A 8. How many years has your organization been in business under its resent business name? 20 years Under what other former names has your organization operated? None. 7. Indicate registration, license numbers or certificate numbers for the busi esses or professions, which are the subject of this Bid. Please attach certifi ate of competency and/or state registration. Please see attached copy of License 8. Have you personally inspected the site of the proposed work? ® YES ❑ NO 9. Do you have a complete set of documents, including drawings and addenda? YES ❑ NO 10. Did you attend the Pre -Proposal Conference if any such conference wash Id? C7 YES ❑ NO C4v of 7a!rarac Ou, 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: No, 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone Please see attached Reference Sheet 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). Prq�ect_Mana2er:- Robert Hierholzer Project Superintendent: Greg Schneider Please see attached Resumes 14. State the name of the individual who will have personal supervision of the work: Same as above 15. State the name and address of attorney, if any, for the business of the Offeror: Kirwin & Norria PA 338 W. Morse Blvd, Suite 150 Winter Park. FL 32789 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: George E. Smith, 2333 Alaqua Drive, Longwood, FL 32779, 70% 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Off eror: Site Secure, 627 Progress Wlay, Sanford, FL 32771 a hk ot Tirnmic �;inc anC Conffi� Purc!iii, 18. State the name of Surety Company which will be providing the bond, ar and address of agent: Continental Casualty CaTpany Drv,stol� name Agent: Guignard Company, 1904 Boothe Circle, Lon7ao�, rL 327 W Contact: Jack Guignard 19. Bank References: Bank Address Tele2hone Wachovia National -Bank, P.O. Box 946640, Maitland, 407/649-5067� 20, Attach a financial statement including Proposer's latest balance sheE!t and income statement showing the following items: Please see attached a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstand rig shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date there �)f: 13radbeer Sailes; A CPA Firm 22, Is this financial statement for the identical organization named on page one',? YES [] NO 23. If not, explain the relationship and financial responsibility of the organ ation whose financial statement is provided (e.g., parent -subsidiary). N/A 4 '. r), ... � I,".- Citiv of Tarrorac THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE PROPOSAL, AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE AWARD AND/OR CONTRACT. ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of Florida County of Seminole On this the _24th day of —March 1 2004, before me, the undersigned Notary Public of the State of Florida, personally appeared George E. Smith, President (Name(s) of individual(s) who appeared before notary) and whose narne(s) is/are subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: DAWN K. BRAGG N0larY Public, Stale ot Florida ('0Y COM exp,'Oct. 24, 2006 COW. No. DD P�OtARY PUBLIC, STATE LORIDA Dawn K. Bragg (Name of Notary Public: Print, Stamp, or Type as Commissioned) M Personally known to me, or D Produced identification: (Type of Identification Produced) El DID take an oath, or EYDID NOT take an oath Cdv of T3n,arac REFERENCES Purch.7sioq nrld CGr7t-4!S Dws,on Please list government agencies and/or private firms with whom you ha a done business during the last rive years: Your Company Name Wharton -Smith, Inc. Address 750 County Road 15, P.O. Box 471028 City State zip Lake Monroe, FL 32747 Phone/Fax 407/321-8410 fax: 407/323-1236 Agency/Firm Name: City of Kissimmee Address 1100 North Main Street, Suite A City State Zip Kissimmee FL 34733 Phone/Fax 407/518-2253 fax: 407/847-7945 Contact Name Robert Pelham Agency/Firm Name: Peace River/Manasota Reg Water Supply Autho ,ity Address 1645 Barber Road Ste A City State Zip Sarasota, FL 34240 Phone/Fax 941 /316--1776 fax: 941 /316--1772 Contact Name Pat Lehman Agency/Firm Name- Seminole Count Address 1101 East 1st Street City State Zip Sanford, FL 32772 Phone/Fax 407 665-2021 fax: 407 665-2029 Contact Name Jeff Thompson Agency/Firm Name: City of Venice Address 401 West Venice Avenue City State Zip Venice, FL 34285 Phone/Fax 941 486-2626 fax: 941/486-2084 Contact Name John Lane Agency/Firm Name: City of Bartow Address 450 North Wilson Avenue City State Zip Bartow, FL 33830 Phone/Fax 863/534-0100 fax:863/534-0114 Contact Name Joe DeLegge Cltv of Tarmr�-,c VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1 Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1) , notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction, Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, certify that this form complies fully with the above requirements. 11 Inc. Wharton -Smith, jz� Authorized gnature Company Name George E. Smith, President F. Dt/Of ian%jrl(' LIST OF SUBCONTRACTORS Purc'iasing ind its fir. iSrUn The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Con tractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontr ctor for each item of Work to be performed with the words "and/or" will not be permitted Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection, Work to Be Performed % Total Contractor Contract License No. �' I) � -u70 Subco�traactor Name/Address L LQ 04 rn i i "0, t I v� C;11v of Tan7aroc U� C.,� CERTIFIED RESOLUTION 1, Williarn C. Robinson, Jr. (Name), the duly elected Secretary of Wharton-Sadth, Inc. (Corporate Title), a corporation organized and existing under the laws of the State of —Florida . do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT -Geor3e E. Smit-h (Name)", the duly elected President — (Title of Officer) of — Wharton -Smith, Inc (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified, I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME Ronald F. Davoli George E. Smith TITLE Exe. Vice President President Given under my hand and the Seal of the said corporation this24th day of March 20,04. (SEAL) By: C Secretary WilLiam Pcbimml Jr. 0Xp Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired, Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf, C t- ri; I. a ed Ru S �. I W) i � t I C,ry of Tan,aric TRENCH SAFETY F�,jrchasinq ond Its Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliar ce to be summarized below: TRENCH SAFETY MEASURE UNITS OF UNIT UNIT_CO�T EXI ENDED (Description) MEASURE (0ty) C�OST (LF/SF) A. $ <z '4 �T")D I CL) B. $ $ _o $ D. $ $ TOTAL $ If applicable, the Contractor certifies that all trench excavation done within his control iri excess of five feet (5') in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION 15AFETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non -responsive, DATE: March 24, 2004 (Signature)Geqi,i5je E. Smith, ACKNOWLEDGEMENT STATE OF: Florida COUNTY OF: Seminole PERSONALLY APPEARED BEFORE ME, the undersigned authority, _eorge E. Smith who, after first being duly sworn by me (Name of individual Signing) affixed his/her signature in the space provided above on this24 "day of march I)AWN K. BRAGG Not,iry Public, State of Florida N04 tv"y '0MID. Exl). Oct. 24, 2006 Comm. No. DD 160805 My Comrnission Expires: ident ,2004 Y UBLIC -2 , , ?Cji�i(z S, Xe C;rl ot Nji,7,5r.nx This bond complies with the STATE OF FLORIDA) ) ss: COUNTY OF BROWARD) 4 Terrorism Risk Insurance Act of Orld GOnf$'14C?-� OiViS'00 2002 (TRIA) KNOW ALL MEN BY THESE PRESENTS, that we, Wharton -Smith, Inc. as Principal, and Continental casualty Compag ,)s Surety, are held and firmly bound unto the City of Tamarac, a municipal corporation of the State of Florida in the penal sum of: Five Percent of Amount Bid ------- Dollars ($:��% lawful money on the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the.Principal has submitted the accompanying Bid, dated MarLh 24TH --- --- --, 20 04 for: StOMwater Pump Stations: East, Central & West Renovations BID NO. 04-053 NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate. (b) if said Bid shall be accepted and the Principal shall properl'y execute and deliver to said City the appropriate Contract Documents, and shall 'in all respects fulfill all terms and conditions 2ttributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and @greed that the liability of the Surety for any @nd all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for vzlue received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CITY may aciappt such Bid; and said Surety does hereby w@ive notice of any extension. ACKNOWLEDGEMENT BIA BOND Signed and seated this 24TH day of March IN PRESENCE OF: WL William C Robi son .7r Purcr�7srnp ]nd Cpn(n�i 1 Z004 h, Inc. Mr Ojv741Cf7 Corporate. Secretary' Principal /'George E. Smith, Pr Oident P.O. Box 471028 Business Address (AFFIX SEAL) ATTEST' Secretary ATTEST: Secreta 'Impre:;s Corporate Seal Lake Monroe, FL 32747-1028 City/State/Zip (407) 321-8410 Business Phone Continental Casualty Company Surety` 4EAati�ell. Flowers Florida Licensed Resident Agen Title Katie N. flowers Katie N. flowers Attomey-In•-Fact' y Inquiries: (407) 834-0022 Bond No. CC2044 NOTICE In accordance with the Terrorism Risk Insurance Act of2002, we are providing this disclosure of notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PRET%41UM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DZ� SCLOSL1tE OF LOSSES ARTICIPATION IN PAYMENT OF The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men Bv These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance C Connecticut corporation. and American Casualty Company of Reading, Penns'ylvania� a Penrisvl,�ania corporation (herein called arc duly organized and existing corporations having their principal offices in the City of Chicag'o, and State of Illinois, and that t] signatures and seals herein affixed hereby make, constitute and appoint J W Guignard, Bryce R Guignard, M Gary Francis, April L Lively, Paul J Ciambriell . o, Jennifer L.M, Flowers, Margie L. Morris, Brett A Ragland, Individually of Longwood, Fl_ their true and lawful Artornc,�(s)-in-Fact with full power and authority hereby conferred to sign, seal and tichalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them therebv as fully and to the same extent as if such instruments were signed by a duly authorized officer of their acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed, This Power of Artorricy is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the adopted, as indicated, by the Boards of Directors of the corporations, In Witness %Nlhereof, the CNA Companies have caused these presents to be signed by their Vice President and their corp affixed on this 19th day of March, 2003. Continental Casualty Company CA3 4 SV*4*1 National Fire Insurance Company of HarT Irb American Casualty Company of Reading, JULY 31. EAL 1XZ 897 R )mPanY 0 1 Hart ford. the CNA Companie! 'y do by virtue of the arta, Katie N � for and on their mrations and all the 'se hereof, cluly seals to be hereto d ,nnsylvania Michael Gengler - I Senjir Vic7e gresident State of Illinois, County of Cook, ss: On this l9th day ot'March, 2003, before me personally came Michael Gengler to me known, who, being by me duly swom, difl depose and say: thi he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporatioi described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said, instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he sig ed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations - OFFICIAL SEAL ELIZA PRICE NOTAIlVe PLIGLIC. FTATE OF ILLINOIS III OMMIOefoN EXP YC 09MV01 My Commission Expires September 17, 2006 Eliza Price CERTIFICATE Notbiry Pu__ blic I. Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance'Company of Haliford, a Connecticut corporation, and Aintrican Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attomey herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 24TH day of MARCH 2004 00"I'Oh"A 1,C Cl SD 4& 2a JULY P, SEA�� Continental Casualty Company National Fire Insurance Company of Hart American Casualty Company of Reading, N iT.T0111'al Licenses �!'�09 39908 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PRCFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICEMSIXG BOARD SEQ#LO3061200912 LIC NSE 9_13W______'___'_'__ �06ZI2/200-3�2004.69602.IQB0000994 The BUSINESS ORGANIZATION Named below Is QUALIFIED Under the provisions of Chapter 489 FS, Expiration date; AUG 31 , 2005 (THIS IS NOT A LICENSE To PERFORM WORK. THIS ALLOWS COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER.) WHARTON SMITH INC 750 COUNTY ROAD 15 LAKE MONROE FL 32747 JED BUSH GOVERNOR DIANE CARR DISPLAY AS REOUNE0 BYLAW SECRETARY A"i0481 681 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#Lo2o71-100682: The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS� Expiration date: AUG 310 2004 SMITH, GEORGE E WHARTON-SMITH INC 750 COUNTY ROAD 15 P 0 BOX 471028 LAKE MONROE FL 32747 JER BUSH GOVERNOR KIM BINKLEY-SEYER DJSPLAYAS REQUIRED BY LAW.. SECRETARY liar* 1_11(larl) of �&I'qiiwrrs Wharton -Smith, Inc. A "K/1/11/11 '�� 1: 1 41/11/1j. AUDITNO.: 1)305� 101964 CERTIFICATE OF AUTHORIZATION NUMBER: 00001813 DISPLAY AS REOVIRED BY LAW EXPIRATION: FEB 28,2005 AC# 4 P, 7 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SE The POLLUTANT STORAGE SYSTEMS CONTRACTOR Named below is CERTIFIED Under the provisions of Chapter 489 FS, Expiration date; AUG 31 , 2004 Licenses 2 D7, 110095T SMITH GEORGE E WHART6N-SMITH INC 750 COUNTY RD 15 P 0 BOX 471028 LAKE MONROE FL 32747-1028 JEB BUSH GOVERNOR KIM BINKLEI-SEYER DISPLAY AS REOLARED By LAW SECRET RY AC# 0481938 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#i02071100938 The UNDERGROUND UTILITY & EXCAVATION CO Named below IS CERTIFIED Under the provisions of Chapter 489 PS. Expiration date: AUG 31, 2004 DAVOLI, RONALD FRANK WHARTON-SMITH INC 750 COUNTY RD 15 P 0 BOX 471028 LAKE MONROE FL 32747-1028 JEB BUSH KIM BINXLEY SEYER r GOVERNOR ------ DISPLAY AS REQUIRED BY LAW SECRETJY ACC6-jr-tz 0'7717 ;F rv!1Ne)j,.F COONl Y OCCUPATIONAL LICENSE , 'C0;__3MT_,L1 ff 71& ;:� �5 FiEGULAIT[i LAK_' !;L `2747 GE()RGF E SMIT14 GEORGE L SHTTFI 01F(L'o�) !0c: 0 DOX 47io2l,� HONP()E- ri- Licenses te of eta = rib, Drpurttxietit of 6Iutr I certify from the records of this office that WHARTON-SMITH, INC., is a corporation organized under the laws of the State of Florida, filed on April 3, 1984, effective April 2, 1984. The. document number of this corporattor, is G94383. I further cerlify that said corporation has paid all fees clue this office lhruuph December 31, 2002. that its most recent annual repoWuniform business report was filed on February 18, 2002, and its status is active. I further certify that said corporation has not filed Articles of dissolution Given under my hand and the Great Seidl of the State of Florida at Tallahassee, the Capitol, this the •'-''YHE ,r' is •. Nineteenth day of July, 2002 Ci ti f'irrri�s ..,!?q ur.:?�.`•''" a1'i;,thrrinr ai:n, i;; •r:rr1orr, of �i,rh• FORM. No 401 20OAC 25-061 D RENEWAL Board of County Commissioners, Elrowara County Florida BROWARD COUNTY OCCUPATIONAL LICENSIE TAX FOR PERIOD OCTOBER 1, 2003 THRU SEPTEMBER 30, 2004 0 TRANSFER SEC # I 11� j 1I:-.",.. Q NEW DATE BUSINESS OPENED STATE OR COUNTY CEnT,'AEG Business Location Address; TAX BACK TAX PFNALTY T. C. FEE TRANSFER TOTAL i� r— RENE ON OR BEFORE SEPiEMEIER 30, 2003 .CICT. -_1 0% - DEC. 20% 1 Plus Tax Collection Based on Cost of On or After Nove ACCOUNT A" 1"T THIS LICENSE MUST BE CONSPICUOUSLY OISPLAYED . ... .... TO PUBLIC VIEVV AT THE LOCATION ADDRESS ABOVE, BR-110"WA pD L TYPE OF LICENSE TAX PAID A�: COUNTY BROWARD COUNTY REVENUE COLLECTOR 115 S. Andrews Avenue, Governmental Center Annex 2003-2004 FORT LAUDERDALE, FIL 33301 PAYMENT RECEIVED AS VALIDATED ABOVE 'SEE INSTRUCTIONS BROWARD COUNTY OCCUPATIONAL LICENSE TAX Renewals NOV. - is% '4 .2504 5oo h *j er 0EC- 31 25% VC I "L ee Of UP 10 $25 00 d -1cense It Paid rilbe, �30. 2100'3 :S=FP�. 0 CK OF LAST COPY Licensed contractors must send proof of current Broward County Certificate of Competency or State Lid nse. Professional must send proof of current state registration. The following must present a current state license, registration, or exempt letter: automobile repairs, travel agencies, ballroom dance studios, health studios, commarciAl telephorie sellers, plant inspection/nurseries, post control, detectives, funeral home embalmers, pawn brokers, movin) coryipanies and annual food permit tot food production, manufactuiring or retail. I The following must present current proof of registraiion from Broward County Consumer Affairs Division: Auto Body Repair, Auto Paint, Auto Repai Limousines, Movers. 11 business is in unincorporated area of Broward County, a "CeMficate of Use" obtained from Broward County Zonlrg Departmbrit must be presented in correct ownership name, for either change of business location or change of ownership. TRANSFER OF OWNERSHIP AND/OR BUSINESS LOCATION TRANSFER FEE: PRESENT ORIGINAL LICENSE AND 10% OF THE ANNUAL LICENSE FEE. BUT NOT LESS THAN 0 OR MORE THAN $21 Businesses regulated by the State or local agencies, must show correction of name or address before the Occupational Lic�nse can be iransferrei. I. Change of ownership/Name of Business 2. Change of business location 3. Mailing address cliange only (Proof of sale required (present original license) (no fee required) & present originol license) Now Fed. I.D. or SS# EXCEPTIONS: A.) Exempt licenses are not transferable from one owner to a new owner. B,) Professional licenses are not transferable from one individual to another individual A CORO,. �, CER T1 PnODUCER ' .:. : ..... ;'.. ATLANTA 01766 IdC$RIFF SFIBELS I WILLIAWS INC 5605 GLENRIOGE DRIVE, STE 300 ATLANTA GA 30342 404) 497-7500 Wharton -Smith, Inc. PAO� Box 471028 Lake Idonros, FL 32747 ... DATE (MMM AN IR .... .. "�Z , R 3/21/03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFUR—MAl ONLY AND CONFERS NO RIGHTS UPON THE CIERTIFIC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL( COMPANIES AFFORDING COVERAGE COMPANY A $I PAUL FIRE III MARINE COMPANY B AMERICAN GUARANTEE & LIABILITY COMPANY C COMPANY D . .. ....... .. .. ........ . COVERAGES. THIS IS TO CER TIFY THA T THE POLICIES OF INSURANCE LISTED BELO W HA VIE BEENISSUISO TO THE INSURED NAMED ASO VE FOR TH'EP OLICY PEPI C INDICA TED. NO TWITHSTANDING ANYAEQUIREMENT, TERMOA CONDITIONOF ANYCONTRACT OR OTHER DOCUMENTWITHAE SPEC T TO WHICHTH CERTIFICA TE NOIA Y BE IS S LIED OR MIA Y PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES CIESCRIBED HEREIN IS SUSJEC 7 TO ALL THE TERM I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE 13EEN REDUCED BY PAID CLAIMS, LTR;i T-YPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE CY EXPIRATION A= �YtIVIE POL171 Ol V)7 0, OAYt (MWDOIYV) DATE I-IMITS A I OXNEAALLIASILiTY COMMERCIAL GENECIAL LIABILITI L_Lj CLAIMS MADE 771 OCCUII 1 OWNER'S & CONTRACTOR'S PRO! ,___j X 1AGG PER PROJECT A AUTOMOBILE LIA814ITY ANY AU10 ALL OWNED AU70S SCHEOULED AUTOS HIQEQ AVTCS NON-OWNEO AUTCS OARAGE LIABILITY 11-7 ANY AUTO B i EXCESS LIABILITY �:] UmBRELLA FORM I OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYER S'LIABILITY THE PROPPICT-R/ INCL I 011'I'ICEAS ARE j EXCL! OTHER PAT KKOE801012 KKO6801072 1 AUC930331301 WVKBSD0962 4101/03 1 4101/04 4/01/03 1 4101104 4/01/03 1 001104 GENERAL AGGREGATE 2. 000, Oc PRODUCTS-COMPIOP AGG 2,000,01 PERSONAL L AOV INJIJRY EACH 0 �CUAREN�CE_ 1 . Doe, Oc FIRE DAMAGE (Amy one life) 1 500, ac MED EXP (Any on* porSon) 10'aa COMBINED SINGLE LIMIT 1,000,00 INJURY (Per pers.n) $ EBODILY 80D]ILY INJURY er I (Per ag:cioent) PROPERTY DAMAGE S UTO ONLY - EA ACCIDENT OTHER THAN AUTO Y! EACH ACCIOEW i$ AGGREGATE I$ EACH OCCURRENCE is 10, DOO , OTC AGGREGATE 10,000,000 L 4/01/03 4101/04 X JWC SfATU� I I OIH.j TORY I juivz F.R EL EACH ACCIDENT SOO � 000 EL DISEASE POLICY LIMIT TJ 500 :�00 f__ EL DisEASE-EA EMPLOYEE 500,000 ITEMS GILHTIFICATE HOLDER z.. CANCELLATION, ... . ... . .... SHOLILD ANY OF THE ABOVE DESCRIBED POLICIES 13E CANCELLED wonr, THE Far Informational purposes EXPIRATION DATE THEREOF, THE ISSUINO COMPANY WILL ENDEAVOR TO MAIL only 30 DAYS WA"N NOTICE To THE CERTIFICATE HOLDER NAMkO TO THE LEFr, BUT FALURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OA REPRESENTATIVES. I AUTHORWRE 9ESENTATIVe- / //-- i lei I ROBERT J. HIERHOLZER, P.E. PROJECT MANAGER Mr. Hierholzer has over seven years of experience in Environmental System Desil Construction. His responsibilities include the management of engineering pi including estimating, purchasing, pricing, and negotiation of change orders. He i involved in the negotiation and management of subcontracts coordination with owne engineer representatives, project financial control, and billing for work completed. EDUCATION Bachelor of Science Environmental Engineering, 1995 University of Central Florida Florida State Registered Professional Engineer EXPERIENCE • D.B. Lee W WTP, Phase JU Improvements Melbourne, Florida City of Melboure (S15.5 million) • Plantation East WTP — Membrane Softening Addition Plantation, Florida City of Plantation • West Palm Beach WTP Process Modifications West Palm Beach, Florida City of West Palm Beach ($2 million) • Flamingo Park Water Main Replacement West Palm Beach, Florida City of West Palm Beach ($600,000) • Water Main Replacement Palm Beach, Florida TONN,n of Palm Beach ($16 million) and also and WHARTON-SMIT11 INC, GREGORY SCHNEIDER PROJECT SUPERINTENDENT Twenty-four years experience in engineering design and construction projects. EDUCATION Business Management Anne Arundel Community College l 979-81 CERTIFICATIONS First Aid and CPR OSHA- 10 hour Competent Person for Confined Space Entry Competent Person for Trenching and Excavation Competent Person for Scaffolding EXPERIENCE Responsible.for all field activities on a number of projects, including the following: • Winterset and Winterset Gardens WTP Winter Haven, Florida City of Winter Haven ($2.7 million) • North Port Water Treatment Plant Port St. Lucie, Florida City of Port St. Lucie ($1.3 million) • Jupiter RO Water Treatment Plant Jupiter, Florida Town of Jupiter ($2.9 million) • Mickey's Toontown Orlando, Florida Walt Disney Tmagineering ($5.2 million) • Tuscawilla Wastewater Treatment Plant Digester Conversion Winter Springs, Florida City of Winter Springs (5682,000) W14ARTON-SN11TH INC. Casselberry Water Reclamation Facility Casselberry, Florida City of Casselberry (S 1.87 million) Orange County Eastern Services Area Wastewater Treatment Faciliti Orlando, Florida Orange County ($5.5 million) * Alan R. Thomas Wastewater Treatment Plant Edgewater, Florida City of Edgewater (S5.9 million) ` HARTOK-SMITH TAC. Wharton -Smith, Inc. FINANCIAL STATEMENTS As of and For the Year Ended March 31, 2003 I 0 I I 7 4 A CPA rirm Karen Bradbeer, E.A. (Retired) Catherine A. Bailes, C.PA. 1307 E. Normandy Boulevard Suite I INDEPENDENT AUDITORS' REPORT Delton3, Florida 32725-8405 (386) 5 74-848 8 fax: (386) 574-8577 The Board of Directors WharTon-Smith, Inc. �X`e have audited the accompanying balance sheet of'Wharlon-Srruth, Inc., as of Ma the related statements of income, changes in stockholders' equity, and cash flows ended. These Financial statements are the responsibility of the Company's rn responsibility is to express an opinion on these financial statements based on our; We conducted our audit in accordance with auditing standards generally accepted in of America. Those standards require that we plan and perform the audit to c assurance about whether the financial statements are free of material n-Lisstatement, , examining, on a test basis, evidence supporting the amounts and disclosures in the fin; An audit also includes assessing the accounting principles used and significant es management, as well as evaluating the overall financial statement presentation, W1 audit provides a reasonable basis for our opinion. ch 3 1, 2003, and for the year then nagement. Our heUnitcdStatcs )tain reasonable .n audit includes a , I c alstaternents- imates made by believe that our In our opinion, the financial statements referred to above present fairly, in all mat ial respects, the le results., of, financial position of �Vharton-Srnith, Inc., as of March 31, 2003, and tl t operations and its cash flows for the year then ended in conformiry with accounnng principles gen ally accepted in the United States of America. f, Our audit was made for the purpose of forming an opinion on the basic financial sta a A -hole. The schedules in the additional information section are presented for additional analysis and are not a required part of the basic financial statements. informationhas been subjected to certain audit procedures applied in connection will basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole, June 27, 2003 6_� 4- CERTIFIED PUBLIC A( lements taken as �he purposes of uch additional iiour audit of the �henconsidercd TAINTS Members Amencan 1wilute Q( Cerlifito PL;bkC Atcouplanis Wharton -Smith, In'c. BALANCE SHEET March 31, 2003 ASSETS Current Assets: Cash $ 4,07,606 Accounts reccivalle 20,743,173 Costs and esti�rnated camings in excess of billings on uncompleted contracts 1,892,931 Prepaid expenses 75,683 Loan, aricl advance, 21,986 79 Total Current Assets 2 6,771 �3 Property and Equipment 793 514 Other Assets; Cash value of life insurance 285,899 Securiry deRosits 2,622 Total Other Assets 288,521 rOTAL ASSETS $21,85-3.414 LIA.BILITIES AND STOCKHOLDiRS'EQUITY Current Liabilities: Note payable S 100 Accounts payable, including retainage of $4,502,008 12,394,472 Billings in excess of costs and estimated earnings on uncompleted contracts 6,061,283 Payroll taxes withheld and accrued 184,134 Other accrued expenses 595313 Dcfcrred income taxes 1,175,331 Tot:il Current Liabilities M411,233 I I 11 L I Long -Term Linbilities: Deferred income taxes 40�705 Total Lon2-Term Liabilities _40,705 Stockholders' Equity: Common stock, S,05 par value, 200,000 shares authorized, 160,000 shares issued, 110,650 shares outstanding 8,000 Additional paid -in capital 299,920 Additional paid -in capital from treasury stock transactions 961,026 Cost of 49,350 shares held in treasury (1,400,94 1) Retained earninps 7,533.471 Total Stockholders' Eguitv 7,401,476 TOTAL LIABILITIES .4,Nl) STOCKHOLDERS' EQUITY $27,8,53,4 14 11 t Q6, AI 0 17, ce �:l Q, < u cc , g ;-x < K- IL < C u P-m L) .0 U L) L: ;z r 0 (d p < �7 u Z i Q S �2 w aj I nc u 0 �j 0 cd F� 0 L, v; V, L� Li 7 rd Pi Ed Z 7 LJ < 0, 81, 75 La wj 1, w z w z < pj < i2 El 0 m C,l 0 14 -W z wa 6w 2 < 14 �Ll 71 m L7 S2 u :� , I:m < n < z TZ 4 ;w 0 C) < 5 cd u I cc I i2 r, LD 76 It M N c: N o a V66 u] U iC Y. 7 m 7 a ✓i ,d a L4 N v. � W k 3 ^ W '�` � g a c o 9 ti x o o a cc R o e c 'Al o" O V v 7 enO Q � .� w v a 'v rg a gg q a N CJ (e a' .'.Ci a 4 0 w W w 3$ w Q c 'n O Qr u O .� ,z, a O C d E a •v-. 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X 7 z w p u l: U �{ G' O 3 u X C[ ce < C V F u _ M r a [ a a y. V .. 4d Z O �'' a C C M O w m T i r c w a� a� W� in 7 c$ z P a i c L5? v y V v O U G 2 v [K C � F- F i N C v W O x u O [ > U J W ~ A' %4 a f Q w [ < G Q N x a .J p NC U A 4 LU U V [ H oo 4 Y4- N 0 0 o a - o p p G O C 4 c v Of ((0:)RJ0 Purchasing and Contracts Division City of Tamarac "Committed to Exceflence.-Alwoys" ADDENDUM NO. 1 STORMWATER PUMP STATIONS — EAST, CENTRAL & WEST RENOVATIONS BID NO. 04-05B DATE OF ADDENDUM: February 2, 2004 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Renovations of Stormwater Pump Stations East, Central & West, An Asbestos Building Survey has been conducted on 12/12/2003 by ARS Environmental, Inc. No Asbestos Building material was not found in any of the three pump stations. Successful Bidder will get a certified copy of this report, 2. A South Florida Water Management District Right -of -Way' Permit dated December 9, 2003 is attached and becomes part of this addendum. It is valid' through December 31, 2005. The successful bidder will be subject to all conditions of this permit. 3. Under Section 16050, Electrical Provisions, Bidder will be responsible for trenching and installing appropriate conduits for the new service. FPL will install the concrete pad, provide and install the transformer, pull the new wires, and make the connections. Under 1.02 (B), Contractor will pay all fees and coordinate all activities. These fees will be as a direct pass -through to the City at cost, and shall be invoiced to the City, with proof of payment for reimbursement. 4. Construction under electrical lines: Contractor will be subject to OSHA regulations for working under and/or near electrical lines. 5. Only a Bidder can submit a product to be approved "as equal". Submittals after 2/13/04 will not be considered. 6. Under Section 02220-2, 1.02 (C), Utility Services, add: "Contractor will be responsible for all costs associated with existing propane gas system removal, including but not limited to costs associated with remaining gas in those tanks at the time of removal. Coast Gas owns those propane gas tanks. Their phone number is 954-946-1702, and they have an office in Pompano Beach, FL." 7525 NW 88th Avenue 0 Tamarac, Florida 33321-2401 0 �954) 724-2450 N Fox (954) 724-2408 m www,lamorac.org Div loori 7. Section 00320-1 will not be a bid requirement, Bidder will disregard thi,,� section of the bid. The City will obtain new borings for the west and central pum station locations. A certified soil boring report for each site will be providei to the successful bidder. 8. Broward County -permit fees including but not limited to demolition and new construction cannot be waived. Those fees will depend on square footage and use of building, as well as the cost of the building construction. These fees are as follow: BORA: $0.35 per $1,000 of construction (building only) EDF: $0.30 per $1,000 of construction (building only) CRF; $0.05 per sq ft of the building RADON: $0,05 per sq ft of the building 9. A question was asked as to why the bid called for "marine steel" (A`131)� Under section 11212-10, 2.03a and 11212-11, 2.03c, ASTM A131 (marine steel) is one of the preferred materials for the pump bowl and Pump column assembly, but not the only one. The bid is clear enough on what is required. All other terms, conditions and specifications remain unchanged for Bid No. 04-0�B. All Bidders should acknowledge receipt and acceptance of this Addendum by sul: the signed Addendum with the Bid package. This Addendum should be sign NAME OF BIDDER: Wharton-Sraith, Attachment below and returned with your bid. . . d6orge E. Smi7th, President itting ity o Tamarac R 1 0 "Committed to Excellence ... Alwoys" Purchasing and Contracts Division ADDENDUM NO. 2 STORMWATER PUMP STATIONS — EAST, CENTRAL & WEST RENOVATIONS BID NO. 04-05B DATE OF ADDENDUM: February 12, 2004 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Renovations of Stormwater Pump Stations East, Central & West. 1 . Reference Addendum No. 1, Item No. 3, FPL will also supply the conduit to the Contractor, 2. As of 2/13/04, no substitution will be allowed for any product under this bid� 3. In clarification of Addendum No. 1, under no.7, only part of Section 00320-1 will not be a bid requirement. Bidder will only disregard the first 2 paragraphs of this section of the bid, The last paragraph will remain -valid. 4. Under Section 13700-3, under H, only the Modicon brand will be considered, 5. Under Section 11212-14, under B, No. 1, add: "the bidder will be responsible for all costs (transportation, lodging, meals) associated with the two City representatives during testing." 6. Under pages BS-2, BS-9, and BS-16, Item 3 is deleted from the bid schedule. 7. On p. 42, under item 32 Contract Time, under Note, 2 Ild paragraph, revise language to, "Each phase shall ... for each phase. Phase Two bonding may w4l-F�ol be required before GM4 substantial completion of Phase One." All other terms, conditions and specifications remain unchanged for Bid No. 04-0513. A - 11 Bidders should acknowledge receipt and acceptance of this Addendum by submitting the signed Addendum with the Bid package. Attached, Revised Bid Pages, BS-2R, BS-9R and BS-16R. See Item 6 above. This Addendum should be sign NAME OF BIDDER: below and returned with your bid. Wharton -Smith, .. GborgC- E. gMith, President 7525 NW 88th Avenue X Tamarac, Florida 33321-2401 0 (954) 724-2450 a Fox (954) 724-2408 a vvww.tarno(ac,or9 4 V R1 0 Purchasing and Contracts Division U.ty of Tamarac "Committed to Excellence...Alway5,r ADDENDUM NO, 3 STORMWATER PUMP STATIONS — EAST, CENTRAL & WEST RENOVATIONS BID NO. 04-058 WHA DATE OF ADDENDUM: March 1, 2004 TO ALL PROSPECTIVE BIDDERS: IVED ',- ( I FEB 41 3 �'.,04 The following clarifications, changes, additions and/or deletions are hereby made part c the Contract Documents for Renovations of Stormwater Pump Stations East, Central & We,�t- 1. The bid opening date has been revised to Wednesday, March 17"'. Prospective : bidders must have their bid time stamped in the Tamarac Purchasing Office, R than 4:00 PM, local time, March 17 1h 2004. 00m 108, no later 2. Drawing and Specification revisions, additions and/or deletions are attachcd. 3. Also, part of this addendum, language follows regarding the SCADA System, VVC Hardware. i rkstation SCADA System WORKSTATION HARDWARE A. General: The workstation (WSN) shall consist of electronics to support one SVGA color graphic CRT, The workstation shall communicate with the PLCs. The workstation shall function with equal process monitoring and manipulation capability thereby giving complete flexibility to assign any displays. The workstation operating in engineering mode M ix of shall be capable i displaying operational reference data, Procedure libraries, system design, system f configuration and documentation, process performance, and a system diagi�ostics Graphic User Interface. The engineering mode shall function as a system configuration station at which the plant engineer constructs. 1. Database configurations and trending. 2. Control strategies (i.e., ladder logic), SFC. 3. Calculations required to monitor/control processes. 4. Report generation, e. Workstation, IBM compatible personal computers (PCs) complete with 7525 NW 88th Avenue x Tamarac , Florida 33321-2401 0 (954) 724-2450 a Fox f9541 724-2408 11 )AI)AI)AI IT, B. Color and Report Printer: A printer shall be supplied to print reports and color documents generated by the MMI System. It shall produce Laser quality monochrome print at a minimum output rate of 12 ppm. It shall also produce laser quality color prints with a minimum resolution of 1200dpi ata minimum rate of 10 ppm. It shall accommodate 11-in. by 17-in. paper media (monochrome only), support duplex print output and by Energy Start compliant. The printer shall be RISC based and support Ethernet connectivity, The printer shall be supplied complete (i.e. ready to operate) with a minimum of 36M RAM, interconnecting parallel cable and spare monochrome and color toner cartridges, 0 Bid Opening has been changed to Wednesday, March 17 1h , at 4-00 PIVI, local time. 0 All other terms, conditions and specifications remain unchanged for Bid No. 04-05B. All Bidders should acknowledge receipt and acceptance of this Addendum by submitting the signed Addendum with the Bid package. This Addendum should be signed below and returned with your bid. NAME OF BIDDER: Wha-rton-SrrLith,',0,00 �nc., (�:txge Smith, President Purchasing and Contracts Division City of Tamarac 'Committed to Excelience—Alway5'' ADDENDUM NO. 4 STORMWATER PUMP STATIONS — EAST, CENTRAL & WEST RENOVATIONS BID NO. 04-05B DATE OF ADDENDUM: March 4, 2004 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby ma( the Contract Documents for Renovations of Stormwater Pump Stations East, C West. e part of !ntral & All other terms, conditions and specifications remain unchanged for Bid No. 04-Q5B. All Bidders should acknowledge receipt and acceptance of this Addendum by s bmitting the signed Addendum with the Bid package. Responses to inquiries' 1. Morrison Pumps have been approved by the City as an "o equal" manufacturer meeting the bid's pump specification, Section 11212. 2. Reference Sheet C-5 (Demolition) and Sheet C-6 (Proposed Site Pla�). What is the extent of the concrete pathway that is to be removed and replaoed? Approximately 400' or as little as the contractor would have to remo e to do their work, 3. 8" Aluminum Stilling Wells M2 & M3 Elevation Detail on M6 calls out SS Schedule 5 Pipe? The stilling wells should be constructed of Schedule 5 Stainless teel, as shown on Sheet M-6. I 4. Canal Protection Grate list 2" Square Aluminum Frame. Is this a tube or solid bar? Also, this frarne is shown at top of weldment. Should it only be around the gate so it will slide up inside of the exterior channel frame? (Sheet M-5)? Frame for canal protection grate should be constructed of 2" squalre solid aluminum bar stock. The channel section that the grate slides in s ould be open at the top to allow for removal of the grate. I 7525 NW 88th Avenue a Tornoroc, Ficrida 33321-2401 E (954) 724-245-1 0 Fox (954) 724-24-08 a www-tOrnaroc.org If the vendor cannot install designed pipes to maintain proper separation from existing 30' DIP force main and maintain proper coverage cver designed pipes, the City may consider a change order after review, 13. Section 01785 Project Record Documents Will the CADD Files be provided? Yes. 14. Section 02200 Site Preparation. Part 2, Products, 2.03 Project Signs A. Provide detail and quantity of signs? One sign per station, built as per City Engineering minimum standards will suffice. 15. Section 02220 Site Demolition. Pall 3 Execution. 3.04 Buried Piping. A. ? Delete Para. 3.04. Buried Piping, 16. Plans: Sheet C-2 shows asphalt pavement removal to the fence line. Sheet C-3 shows new asphalt pavement to Southgate Boulevard. Clarify. Pertains to East Pump Station. On sheet C-2 add: "Remove all asphalt pavement including the roadway to Southgate Boulevard". On sheet C-3, it shows new asphalt pavement including the roadway to Southgate. 17, Sheet M-1. Exhaust opening for the generator to be "shutters". This opening is called out as louver on other applicable plans. Clarify. The generator exhausts will be louvers not shutters, 18. Addendum No. 1. SFWMD Pight of Way Permit. Special Conditions 18. Will we be allowed to bulkhead the areas necessary for the construction of the cast -in -place concrete headwalls? Yes, 19, Please note the correction in Addendum No. 1, Item 1, sentence 2, as follows: "No Asbestos Building material was F�et found in any of the three pump stations". (grammatical error only-, no material change) The bid opening date is Wednesday, March 17'h. Prospective bidders must have their bid time stamped in the Tamarac Purchasing Office, Room 108, no later than 4:00 PM, local time, March 17"', 2004. This Addendum should be signed below and returned with your bid. NAME OF BIDDER: Wharton-Sn-dX, Inc.,"George E. 6mith, President Purchasing and Contracts Division City of Tamarac "Committed to Exceflence...Alwa�T ADDENDUM NO. 5 STORMWATER PUMP STATIONS — EAST, CENTRAL & WEST RENOVATIONS BID NO. 04-05B DATE OF ADDENDUM: March 9, 2004 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are, hereby maije part of the Contract Documents for Renovations of Stormwater Pump Stations East, Central & West, NOTE: Section 01110-3, Part 2 Products. Delete Para. 2.01 Buy American Products. Delete this paragraph in its entirety. All other terms, conditions and specificat-ions remain unchanged for Bid No. 04-05B. The bid opening date is Wednesday, March 17"'. Prospective bidders rn list have their bid time stamped in the Tamarac Purchasing Office, Room 108, no I ter than 4:00 PM, local time, March 17 1h 2004. t All Bidders should acknowledge receipt and acceptance of this Addendum by si the signed Addendum with the Bid package, This Addendum should be signed below and returned with your bid, NAME OF BIDDER: Inc., George f�. Smith, -��esiderit �bmitting Purchasing and Contracts Division City of Tamaroc "Committed to Excellence ... AlwoYs" ADDENDUM NO. 6 STORMWATER PUMP STATIONS — EAST, CENTRAL & WEST RENOVATIONS BID NO. 04-05B DATE OF ADDENDUM: March 17, 2004 TO ALL PROSPECTIVE BIDDERS: The following clarlifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Renovations of Stormwater Pump Stations, East, Central & West. The bid opening date has been changed from March 17, 2004 to March 24, 2004 at 4:00 PM. Prospective bidders must have their bid time stamped in the Purchasing Office, Room 1Q8, no later than 4:00 PM, local time, March 241h, 2004, 2. The painting schedule for the concrete floors, walls, and ceilings, as shown on Sheet A4, is for an epoxy coating system. This conflicts with ag on 0922-0, 1 _qfi 4.03 CQ_4kTING SCHEDULE, page 41, where the coating specified for concrete surfaces is for a high-performance acrylic emulsion system, The system to be used for this application shall be the acrylic emulsion system, 3. Note: Bid specification Section 09220.,.PAINTS AND COATING� shall take precedence over the Drawings relative to any paint and coating conflict. 4. Addendum No. 2, item number 6, indicated, "Bid Item No. 3 is deleted from bid schedule". Some planholders received Revised Bid Sheets BS-2, BS-9 and BS- 16 without the strike -through deleting Bid Item No. 3. Replace bid sheets 88- 2R, BS-9R and BS-16R with the attached shoots dated 3/17/04, which show the strike -through of Bid Item No. 3. All other terms, conditions and specifications remain unchanged for Bid No. 04-058. All Bidders should acknowledge receipt and acceptance of this Addendum by submitting the signed Addendum with the Bid package. This Addendum should be sjt(ned below anSbreturnedyvith your bid. NAME OF BIDDER: wnarrnon-smi , Tnc., George E. Smith, President Attached: Revised Bi __ - - - - 7SIBS-211, BS-9R and BS-16R, dated 3/17/04 7525 NW88th Avenue 0 Tamarac , Fbirid a 33321-2401 0 (954) 724-2450 4 Fax (954) 724-2408 N www. tern a rac.org Enual Oppori tinily Employe r Cfty of Tamarac Puref7asing and Contrao� otvision AGREEMENT BETWEEN THE CITY OF TAMARAC AND WHARTON-SMITH, INC. THIS AGREEMENT is made and entered into this 'i day of 2004 by and between the City of Tamarac, a municipal corporation, with�principa offices located at 7525 N.W. 88th Ave., Tamarac, FIL 33321 (the "CITY') and Wharton -Smith, Inc., a Florida corporation, with principal offices located at 750 County Road 15, P.O. Box 471028, Lake Monroe, FL 32747 (the "Contractor") to provide the renovations for Stormwater Pump Stations East, Central, and West as specified in Bid No. 04-05B. Now therefore, in consideration of the mutual covenants hereinafter s�,t forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, terms and conditions of Bid 04-05B (General, Special and other Conditions), all drawings and specifications , all addenda issued prior to, and all modifications issued after execution of this AgrE ement. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2) The Work The Contractor shall perform all work for the City required by the ontract documents and Bid No. 04-05B, as set forth below: I a. Contractor shall furnish all labor, materials, and equipment necessary to perform the work as indicated in the specifiGations contained in the bid documents. b. Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and profE ssional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performancE of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Cont expense. C. Contractor shall provide the City w ith seventy-two (72) hours written, notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by indement weather. d. Contractor shall comply with any and all Federal, State, and local la�ivs and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents page 1 of 7 City of Tamarac Purchasing and Controcts Division or subcontractors, if any, with respect to the work and services described herein. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance, Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than 14 days after the date that Contractor receives Notice to Proceed. The work shall be completed under Phase One no later than 365 calendar days from receipt of the Notice to Proceed. Phase Two work shall be completed within 270 calendar days from its separate Notice to Proceed. 5) Contract Sum The Contract Sum for the above work is Four Million, Eight Hundred and Thirty - Two Thousand Dollars and no cents ($4,832,000.00). 6) Payments Payments will be made in accordance with contract documents and terms and conditions of Bid 04-05B. Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from monthly payment. Retainage monies will be released upon satisfactory completion and final inspection of this project. 7) Waiver of Lions Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on th6 project that is the subject of this Agreement. 8) Warranty Contractor warrants the work against defect for a period of one year(s) from the date of completion of work. In the event that defect occurs during this time, Contractor shall perform such steps as required in Technical Specifications and Terms and Page 2 of 7 City Of 7,3/17arac Purchasing and Contrad V Division Conditions. Contractor shall be responsible for any damages caused by dEfeCt to affected area or to interior structure. All portions of the Project are to be completed according to the schedule. � The one (1) year warranty period for the Project does not begin un til final acceptance of the entire project has been given and the Payment and Perfolmance Bonds are released. 9) Indemnification The Contractor shall indemnify and hold harmless the City, its electe�d and appointed officials, employees, and agents from any and all claims, suits, Actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, irectly or indirectly caused by, resulting from, arising out of or occurring in connection % fith the operations of the Contractor or its officers, employees, agents, subcontraci:)rs, or independent Contractors, excepting only such loss of life, bodily or personal in ury, or property damage solely attributable to the gross negligence or willful miscondu of the City or its elected or appointed officials and employees. The above provisior s shall survive the termination of this Agreement and shall pertain to any occurrence dui Ing the term of this Agreement, even though the claim may be made after the tern ination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended I rom time to time. I 10) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non- discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 11) Independent Contractor Contractor Is an independent Contractor under this Agreement. P rsonal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health ins. rance, employee benefits, purchasing policies and other similar administrative pro pdures applicable to'services rendered under this Agreement shall be those of the Contr 'Vor. 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required �y this Agreement without the prior consent of the City. This Agreement, or any portion hereof, shall not be subcontracted without the prior written consent of the City. I Page 3 of 7 of Tamarac Purchasing and Contracts Division 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. [NIVA City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRAQTOR George E. Smith, President 750 CR 15, P.O. Box 471028 Lake Monroe, FL 32747 PH: 407-321-8410 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force, The venue for actions arising out of this agreement is fixed in Broward County, Florida. P,noz 4 of'7 of Tainarac Purchasing and 17) Signatory Authority The Contractor shall provide the City with copies of requisite docum evidencing that the signatory for Contractor has the authority to enter i Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohil unenforceability without invalidating the remaining provisions hereof or affeci validity or enforceability of such provisions in any other jurisdiction. Th enforcement of any provision by either party shall not constitute a waiver provision nor shall it affect the enforceability of that provision or of the remainde Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contrad the City, and negotiations and oral understandings between the parties are herein. This Agreement can be supplemented and/or amended only by a document executed by both the Contractor and the City. Division this in any ition or ng the � non- Df that of this ,r and erged Pa g r2 S c f 7 City of Twrarac Purchasing and Contracts DivisIW7 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and WHARTON-SMITH, INC., signing by and through its President, duly authorized to execute same. ATTEST: M.aridn S-wenson, CMC 10/0 q Date ATTEST: (Corporate Secretafy) WilliaM C. Robinson.- Jr. Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC 0! �?O/Schreiber, Mayor Date effrey L.Willee, City Manager Date LIF U %.%I - Wharton -Smith, Inc. Compan a m e P ;iggenature of P;C(siddient George E. Smith Type/Print Name of President Date - �C�_014 Pago 6 of 7 NiNuAvid, CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF - sggLi and Contral, Div,"Sion I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in tt aforesaid and in the County aforesaid to take acknowledgments, personally al George E. Smith, President of Wharton -Smith, Inc.,.a Florida Corporation, to rn( to be the person(s) described in and who executed the foregoing instruml acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of \ , 200� uOY J. PETERSON Palic, State of Floft n. exp. Feb. 17, 2W5 . . No. DD 092779 h State )eared known it and Sgriature of Notar� Public State of Florida pt Large Judy J. Peterson Print, Type o Stamp Name of Notary Public Personally known t:) me or F-1 Produced IdentificalIion Type of I.D. P F� DID take an E] DID NOT take uced )ain, or n oath. Pave 7 of 7 "Exhibit 2" Temp. Reso. 10634 F7- 7 REFERENC RFINO.: WORK DIRECTIVE NO CC #019 FIELD ORDER NO.: DESCRIPTION: Contract Time and Costs associated with the delay resulting from the unexpected SFWMD dewatering permit. The delay was 39 calendar days from stop work to approval of revised dewatering plan and authorizing the contractor to begin recharge trench Installation. Costs include: Supervision, management, vehicles, site trailer and container, slide rail system return, electrical storage rental, and other monthiv costs that are unavoidable. jProject SKILLITRADE MANHOURS RATE COST Laborer MH $ 25.00 $ Mechanical MH $ 30.00 $ Operator MH $ 40,00 $ Foreman MH $ 40.00 $ - Superintendent 191 MH $ 70.00 $ 13,370.00 Project Engineer MH $ 65,00 $ - Manager 106 MH $ 110,00 $ 11,660.00 k''. $ SUBTOTAL (1) $ 25,030.00 2. MATERIALS AND E6UIPMENT- 2.A INCORP' ORATED IN WORK: 2.13 SALES TAX 6% DESCRIPTION QUANTITY UNIT PRICE COST 7—� �'il;r 7; t; er 'Jobsite tr ti; 1.5 =nM $ 205.00 $ 299tt Superintendent truck 1.3 Month $ 500-00 $ 650.00 PM Car 1.3 Month $ 225.00 $ 292.50 Fuel for above vehicles 0 gal $ 2.10 $ - Cell phones 0 Month $ 175�00 $ Wireless Internet 0 Month $ 20.00 $ Water& Ice 0 Month $ 100,00 $ Temp toilets 0 Month $ 160.00 $ Tow Trailer 0 Month $ 244.00 $ - Slide Rail System Return I LS $ 250.00 $ 250.00 Large JD Excavator 1 Month $ 10,388.00 1 $ 10,388.00 Front End Loader (Hurricane use) 1 Week $ 1,113.00 $ 1,113.00 �,:InclutlOd i� 04.9ve'Opts 1$ SUBTOTAL (2) 12,960.00 3. SUBCONTRACTORS NAR DESCRIPTION OF WORK COST 3-A DIRECT: I Sinns & Thomas lElectrical Subcontractor on site 1$ 208,001 33 LOWER TIER: SUBTOTAL (3) L$ 208.001 4. CONSULTANTS NAME DESCRIPTION OF WORK COST SUBTOTAL (4) 5. FEESTRUCTURE A. Contractor NZE COST PERCENT FEE 1. Direct Labor: Whartori $ 25,030,00 15 $ 3,7 4.50 2, Material and Equipment: $ 12,960.00 15 $ 1, 9; .00 B. Subcontractors: $ 208.00 15 $ 1.20 $ 0 $ 1$ 0 $ SUBTOTAL (5) $ 5,7 9.70 SUBTOTAL (1-5) $ 43,9 .70 C. Bonds and Insurance 8% 11 $ 31,42 TOTAL COST OF THIS CHANGE PROPOSAL (All deductions shown in parentheses): TOTAL $ 279 . I I . EXTENSION OF C ON TR�87 TI�E: As part of this Change Proposal, the Contractor requests an extension of Contract Time of 32 days. A46 Justification: 39 Calendar days from Nov 8 to Dec 16. Subtracted 7 days for CO #001. W-S reserves its right to request an equitable extension of time in the event this change impacts the construction time in placement of work or in administration of the work. WE -CORD 60CUMENTS: As part of this Change Proposal, the Contractor shall provide applicable rect drtn� i7forttion affected by this change. Signed: Title: Rob&t Higrliolzer, Projdt Manager Date:. Contractor: Wharton -Smith, Inc. i RECO.MMiQ�TION by ENGINEER: (Forward to Owner for Review) Signature of Engineer: Date: ZMEMANEE BY OWNER; return to engineer for processing) Signature of Owner's Authorized Representative: Date: Engineer to prepare necessary change order__Engineer to Re -negotiate change proposal as noted above -Other as above 3WNE�: City ;f Tamarac CONTRACTOR: Wharton- Smith, Inc. 04-024 FIELD� David Urquh Superintendent IDATE: NO.: 005b ENGINEER: Craig A. Smith & Associates OTHER:Robert Hierholzer. PM CHANGE ORDER DATE OF ISSUANCE OWNER: CONTRACTOR: JANUARY 27, 2005 CHANGE ORDER NO.: 003 CITY OF TAMARAC PROJECT NAME/PO#: Public Works Department STORMWATER PUMP STATION 7525 NW 88th Avenue REHABILITATION PROJECT Tamarac, FL 33321-2401 PO #: 071174 WHARTON-SMITH, INC. BID NO.: 04-05B 3547 SW CORPORATE PARKWAY PALM CITY, FIL 34990 IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS, DESCRIPTION: 1. ADDITIONAL COST AND TIME INCURRED DUE TO PENDING OF EXCAVATION AND DEWATERING OF FOUNDATION SLAB AT CENTRAL PUMP STATION DURING THE APPLICATION OF SFWMD DEWATERING PERMIT. 2. RENTAL OF FRONT END LOADER DURING THE APPROACH OF HURRICANE FRANCES. PURPOSE OF CHANGE ORDER: TIME TO PREPARE PERMIT APPLICATION IN ORDER TO MEET DEWATERING PERMIT REQUIREMENT SET FORTH BY SFWMD TO PROTECT ANY MIGRATION OF CONTAMINANTS SITES (EXXON AND DRY CLEAN USA) DURING DEEP EXCAVATION WORK FOR PUMP STATION FOUNDATION AT CENTRAL PUMP STATION LOCATED AT 8801 SOUTHGATE BOULEVARDS. IN ADDITION, THE RENTAL OF FRONT END LOADER WAS TO PERFORM PREPARATION AND CLEAN UP WORK BEFORE AND AFTER THE APPROACH OF HURRICANE FRANCES. NET INCREASE OF THIS CHANGE ORDER TO BE PAID FROM PROJECT CONTINGENCY PAY ITEM. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Time $4,832,000.00 365 DAYS Original Contract Price (Less Contingency) $ 4,352,000.00 Previou.s Change Orders and/or Amendments Net change from previous change orders $67,278.00 22 DAYS Contract Price prior to this Change Order Contract Time Prior to this Change Order (Less Contingency) 387 DAYS $ 4,419,278.00 Net (increase) of this Change Order not to exceed Net (increase) of this Change Order $44,279.00 32 DAYS Contract Price with all approved Change Orders Contract Time with all approved Change Orders (Less Contingency) 419 DAYS $ 4,463,557.00 A MS I k p-pq 110""M &'Wr-o� 4 Kf; CA-M-6-0 Dirdqojr 11,ate 2-1 1 f M; 2 :100 _; I I Fj BY ( , Jeff L ' Miller City Manager Date Z-124 bT I I AP ROV D BY ( ontractor) Date -,2-1405 �' J� , � J -Z� W/S WHARTON SMITH INCORPORATED CHANGE 3547 S.W.CORPORATE PARKWAY PROPOSAL PALM CITY, F LORI DA34990 SUMMARY CIVIL COMMERCIAL INDUSTRIAL NO.: 005b PROJECT NAME: City of Tamarac Stormwater Pump Stations, East, Central & West Renovations PROJECT NO 04-024 DATE: 12/28/2004 0:00 LOCATION: Tamarac, Florida DRAWING NC N/A OWNER: City of Tamarac SPEC.SEC. N/A OTHER: REFERENC RFINO.: WORK DIRECTIVE NO CC 4019 FIELD ORDER NO.: DESCRIPTION: Contract Time and Costs associated with the delay resulting from the unexpected SFWMD dewatering permit. The delay was 39 calendar days from stop work to approval of revised dewatering plan and authorizing the contractor to begin recharge trench installation. Costs include: Supervision, management, vehicles, site trailer and container, slide rail system return, electrical storage rental, and other monthly costs that are unavoidable. SKILL/TRADE MANHOURS RATE COST Laborer MH $ 25.00 $ Mechanical MH $ 30.00 $ Operator MH $ 40.00 $ Foreman MH $ 40.00 $ Superintendent 191 MH $ 70.00 $ 13,370.00 Project Engineer MH 65.00 $ - Project Manager 106 MH 110.00 $ 11,660.00 Ala SUBTOTAL (1) $ 25,030.00 ........ ... 2. M AND EQUIPMENT 2.A INCORPORATED IN WORK: 2.13 SALES TAX 6% DESCRIPTION --: :: QUANTITY i:—."iii�Iiii","iii;;;;;;;;;;;;;;;;;;��;;;;;;;,;;..,;I;j;;j;;;;;;;;;;;;;�i UNIT PRICE "I , cosv� —11 .... Jobsite trailer and container 1. Month $ 205.00 66' Superintendent truck 1.3 Month $ 500.00 $ 650.00 PM Car 1.3 Month $ 225-00 $ 292.50 Fuel for above vehicles 0 gal $ 2.10 $ - Cell phones 0 Month $ 175.00 $ Wireless Internet 0 Month $ 20.00 $ Water & Ice 0 Month $ 100.00 $ Temp toilets 0 Month $ 160.00 $ Tow Trailer 0 Month $ 244.00 $ Slide Rail System Return 1 LS $ 250-00 $ 250.00 Large JD Excavator 1 Month $ 10,388.00 $ 10,388.00 Front End Loader (Hurricane use) 1 Week $ 1,113.00 $ 1,113.00 lf: : V: 5 SUBTOTAL ff."imiii"'—.: (2) $ 12,960.00 t b; tt—N T R�"A CI—T 0*,::R:: S:,:,:;,;; I . ................. ::. —': , , , , NAME DESCRIPTION OF WORK COST 3.A DIRECT: Sinns & Thomas Electrical Subcontractor on site ............ $ 208 00 3.13 LOWER TIER: I I SUBTOTAL (3) $ 208.00 A 4. CONSULTANTS NAME DESCRIPTION OF WORK COST SUBTOTAL (4) URE A. Contractor ...................... . NAME �C 10!" T "I I ", " " PERCENT .= FEE 1. Direct Labor: Wharton Smith $ 25,030.00 15 $ 3,754.50 2. Material and Equipment: $ 12,960.00 15 $ 1,944.00 B. Subcontractors: $ 208.00 15 $ 31.20 $ 0 $ $ 0 $ SUBTOTAL (5) $ 5,729.70 SUBTOTAL (1-5) $ 43,927.70 C. Bonds and Insurance .8% $ 351.42 TOTAL COST OF THIS CHANGE PROPOSAL (All deductions shown in parentheses); TOTAL $ ",279 77,Trl --------- ::: ': :: : :::::: :*:::M EXTENSION OF CONTRAC titt:::: As part of this Change Proposal, the Contractor requests an extension of Contract Time of 32 days. A46 Justification: 39 Calendar days from Nov 8 to Dec 16. Subtracted 7 days for CO #001. W-S reserves its right to request an equitable extension of time in the event this change impacts the construction time in placement of work or in administration of the work. RECORD DOCUMENTS: As part of this Change Proposal, the Contractor shall provide applicable record drawing Inforrnation affected by this change. Signed; P 0 Title: RobLkt Hi4rholzer, Projait Manager Date: V1 Contractor: Wharton -Smith, Inc. RECOMMEDATION by ENGINEER:(ForwardtoOwnerforReview) Signature of Engineer: Date: .... ...... ACCEPTANCE BY OWNER: return to engineer for processing) Signature of Owner's Authorized Representative: Date: Engineer to prepare necessary change order Engineer to Re -negotiate change proposal as noted above_________Other as above �Cityt�tt�i��ia�rac tt�4't'�Rt CONTRACTOR: Wharton- Smith, Inc. 04-024 MFIELD: David Urquh Superintendent NO.: 005b ENGINEER: Craig A. Smith & Associates OTHER:Robert Hierholzer. PM DATE: