HomeMy WebLinkAboutCity 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
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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
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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: