NE WRF EFFLUENT SAND FILTER REPAIRS - 18-0019-UT 4
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CERTIFICATE OF SUBSTANTIAL COMPLETION
Project: NB WRF Effluent Sand Filter Repair Contract Number: 8-0019-UT
Location: Northeast Wastewater Treatment Plant
Contract Date: 0601812015 Notice to Proceed Date: 0901702018
Substantial Completion Date: 12014018 Warranty Expiration Date: 12014019
Consultant: Not Applicable
The work performed under this Contract has been inspected by authorized representatives of the towner,
Contractor,and Consultant, and the Project (or specified part of the Project.,as indicated above) is hereby
declared to be substantially completed on the above date.
DEFINITION OF SUBSTANTIAL COMPLETION
Substantial completion is the stage In construction when a project or designated portion thereof is
su ciently complete In accordance with contract documents so that the 0wner can use the work or
portion therecffbr its intended use. Items that affect operational integrity acrd`/iunctlon of the work must
be capable of continuous use.
The Contractor accepts the above Certificate of Substantial Completion and agrees to complete and correct
the items on the tentative list within the time indicated.
Mike Napav By: I
Wharton-Smith Inc, Authorized Representative ate
The Owner accepts the specified area of the Project as Substantially Complete and will assume full
possession of the specified area of the Project on December 15 , 2019. The responsibility for
utilities, security, and insurance under the Contract Docurnepsts s= all be as set fore in the Contract
Documents. 4
Jeff Waller B � ..� U
City of Clearwater Auth )7e-represent ative bate
Cerfificate of Substantial Completion,Page 2 of 2
PROJECT PUNCH LIST
A punch list of items to.be.completed or corrected by NIA. , 2019 is appended hereto. This
list may not be exhaustive, and the failure to include an item on it does not.alter the responsibility of the
.Contractors to.complete all the work in accordance with the Contract Dociuments.
PROJECT ONE YEAR WARRANTY
Contract Section 11[,
13.5.WARRANTMORRECTION PERIOD
If is'ithin Otte Year after the date of Substantial Completion or such longer period of time as may be prescribed
by Laws or Regulations or by the terms of any applicable special.guarantee required b},the Contract
Documents or by any specific provision ofthe Contract Documents., any Work is found to be defective.
Contractor shall promptly, tivilhortt cast to the Owner and in accordance with the Owners written
instructions; (i)correct:such defective Werk; or, if it has been rejected by the.Owner, remove it farm the site
and replace it with Work(hat is not defective and(ii).satisfactorily corrector remove and replace any damage
to other.Work or the work of others resuliing therefrom.:.
.Where defective Work(and damage to other Work resulting therefrom)Inas been corrected, removed or
replaced under thisparagraph the correction period hereunder with respect to such Work will be extended for
an additional period.af bne year after such correction or removal and replacement has been satisfactorily
completed
Substantial Completion Date: 12114118 Warranty Expiration Bate: 121.1.4119
A copy of this signed and executed document should be provided to the following.part es:
Project Owner
Project Contractor
Project Consultant(if applicable)
City Construction.Office Specialist
Project File
Wharton -Smith, Inc
CONSTRUCTION GROUP
Proposal: Clearwater Project No. 18 -0019 -UT
Date: June 27, 2018
TO: Jeff Walker, P.E., CBO
City of Clearwater — Engineering Department
100 S. Myrtle Ave., Suite 200
Clearwater, FL 33756
RE: NE WRF Effluent Sand Filter Repairs (18 -0019 -UT)
Pursuant to your request Wharton Smith is submitting a price quote for RFP 01. Our proposal
includes labor, materials, tools, equipment and supervision, to replace the existing filter media and
air diffuser drop assemblies in each of the twelve filter cells of the Hydro -Clear Rapid Sand Filters
at the Clearwater Northeast Advanced Pollution Control Facility (APCF).
The cost replace the items as described above for all twelve filter cells is $252,889.00
Scope of Work:
Our estimate is based on the following.
• Removal of existing media utilizing a vacuum truck. Immediately following media
removal, no later than the following day an inspection will need to be conducted by the
City.
• Disposal of spent media at an approved RCRA facility which is FDEP permitted for non-
hazardous waste streams. Compliance testing for Totals on Lead, Cadmium, Chrome and
Arsenic per each cell to be provide by City. TCLP not required.
• New media will be replaced using a tanker truck and pneumatically blown in place.
• Backwash Troughs, FRP Grating, SS wire mesh, etc... to remain in place.
• Debris trapped between the FRP Grating and SS wire mesh not to be removed.
• Debris within the FRP grating cells will be removed by manual means.
• Replacement media volume estimated at 330 cubic feet per cell.
• Replacement of Air Diffuser Drops, including drop pipes, gas cocks, air diffusers and
mounting hardware, 10 drop pipes per cell.
• Air diffuser, and piping to be uncoated Sch. 80 PVC per manufacture's recommendation.
• Existing 3" air header to remain.
1
Wharton -Smith, Inc
CONSTRUCTION GROUP
• No disassembly, repairs or replacement of existing components not specifically mentioned
above are included.
• Once filter media is removed each cell will be inspected and condition of unseen
components assessed. If additional down time for inspections, remediation or repairs are
required they will be treated on a case by case basis.
• Pricing is based on a single site mobilization. Wharton Smith to remain on site until work
is complete (approximately 2 months).
• No extended down time is allocated between completing one filter cell and beginning work
in the next.
• Factory certified service tech to perform initial inspection of first emptied cell and conduct
an operation survey (1 day included) which the City will be present and inspectors
appointed.
• We have not included any cost for the following items: Permits, TCLP Testing, Materials
or Geotechnical Testing.
• City will provide Electricity (120 VAC 30 amps service) and any Temporary Hook -Ups
for the Superintendent Trailer for the duration of the project at no cost to the contractor.
• The Owner's Contingency is available for the City's exclusive use and is available for
scope changes instructed by the City. Changes to the scope of work are subject to review
and approval by Wharton -Smith, Inc. and the Engineer of Record.
• The air diffuser drop pipe assembly (Evoqua Quote) along with the filter sand (Standard
Sand and Silica Quote) and incidental materials per filter equals the Base Bid Directs
Material Total of $57,072.
• Minimum number of filters to be down at any given time is two (2) and the maximum is
four (4), depending on weather conditions.
• Cost of Performance and Payment Bond is included in proposal. However, bonds cannot
be provided until agreement is approved and finalized.
Only the items listed above are included in this scope of work. No cost allowance has been made
for items of work not specifically called out above, and are specifically excluded.
2
tiNa4)
Wharton -Smith, Inc
CONSTRUCTION GROUP
Cost Detail:
Description
Amount
Cost of Work
$136,892
Sales Tax
$4,607
Subtotal
$141,499
General Conditions (or General
Conditions/Supervision/Insurance/Bond)
$55,767
Construction Management Fee
$32,968
Contingency 10%
$22,655
Guaranteed Maximum Price
$252,889
Project Duration shall be _120_ calendar days from the date of the Notice to Proceed.
Existing Contract: This proposal is submitted in conjunction with the existing Construction
Manager at Risk Services Continuing Contract entered into with the City of Clearwater on August
4, 2016, based on RFQ #24-16.
If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the
contractor shall provide to the public entity a certified copy of the recorded bond. Once the City
receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the
attached bond form as well as the Power of Attorney
For work performed, invoices shall be submitted to the City of Clearwater, Engineering
Department, Attn: Veronica Josef, Senior Staff Assistant, P.O. Box 4748, Clearwater, Florida,
33758-4748. Contingency services may be billed only after written authorization is provided by
the City to proceed with those services.
City Code: 327327-563800-96664
3
Wharton -Smith, Inc
CONSTRUCTION GROUP
Countersigned:
Cte0( (` i405
George N. Cretekos
Mayor
Ap ved as to form:
0
Owen Kohler
Assistant City Attorney
Wharton -Smith, Inc.
By:
Print Name: Ronald F. Davoli
Title: President/CEO
CITY OF CLEARWATER, FLORIDA
By: IlJ .�9� 6..
(18-4AAiu�
William B. Horne II
City Manager
Attest:
&vL.Gag. Com.
Rosemarie Call
City Clerk
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION
FORM
PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID
PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL
NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section
287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a
boycott of Israel; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation
and is not listed on the Scrutinized Companies that Boycott Israel List. or engaged in a boycott of Israel; and
3. "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or taking other actions
to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli -controlled
territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that
it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of,
calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner
will immediately notify the City of Clearwater in writi � _, no later than five (5) calendar days after any of its
principals are placed on the Scrutinized Companies t : o cott Israel List, or engaged in a boycott of Israel.
Authorized Sign ure
Patrick J. Hew
Printed Name
Executive Vice President
Title
Wharton -Smith, Inc.
Name of Entity/Corporation
STATE OF Florida
COUNTY OF Seminole
The foregoing instrument was acknowledged before me on this 8 day of
Patrick J. Hewitt (name of person whose signature
Executive Vice President (title) of Wharton -Smith, Inc.
personally known to me as described herein personally known to me ,
(type of identification) as identification, and who did/did e an oat
My Commission Expires: 07/04/2021
NOTARY SEAL ABOVE
August , 2018 , by
is being notarized) as the
(name of corporation/entity),
or produced a
ary Public
Pamela J. Hall
Printed Name
Page 34 of 34
ittear aPJ M liState of Florida
+� My Commission GG 121040
m or'kr Expires 07/04/2021
Bond No.:30039246
PUBLIC CONSTRUCTION BOND
(1)
This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for
payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10).
Pursuant to § 255.05(1)(b), Florida Statutes, "Before commencing the work or before recommencing the work after a
default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond.
Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public
entity may not make a payment to the contractor until the contractor has complied with this paragraph."
CONTRACTOR SURETY
Wharton -Smith, Inc.
750 Monroe Rd.
Sanford, FL 32771
(407) 321-8410
Western Surety Company
P.O. Box 5077
Sioux Falls, SD 57117
(800)331-6053
OWNER
City of Clearwater
Engineering Department
100 S. Myrtle Avenue
Clearwater, FL 33756
(727) 562-4747
PROJECT NAME: NE WRF Effluent Sand Filter Repairs
Located at: 3290 State Road 580, Clearwater, FL
PROJECT NO.: 18 -0019 -UT
PROJECT DESCRIPTION: Replace the existing filter media and air diffuser drop assemblies in each of the twelve
filter cells of the Hydro -Clear Rapid Sand Filters at the Clearwater Northeast Advanced Pollution Control Facility (APCF)
BY THIS BOND, We Wharton -Smith, Inc., as Contractor, and Western Surety Company, a corporation, as Surety, are
bound to the City of Clearwater, Florida, herein called Owner, in the sum of $252,889.00, for payment of which we bind
ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the proposal dated June 19, 2018, between Contractor and Owner for construction of NE WRF Effluent
Sand Filter Repairs, the contract documents being made a part of this bond by reference (which include the Advertisement
for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and
Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and
in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor
with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in
the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner
sustains because of a default by Contractor under the contract; and
Bond No.: 30039246
PUBLIC CONSTRUCTION BOND
(2)
4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and
employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent
caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized
by Contractor in the performance of the construction contract; and
5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract,
then this bond is void; otherwise it remains in full force.
6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time
limitation provisions in Section 255.05(2), Florida Statutes.
7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected
with the contract or the changes does not affect Surety's obligation under this bond, and Surety does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this 27th day of June, 2018.
(If sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
Corporate Secretary or Witness
Print Name: Devon A. Lewis,
Corporate Secretary
(affix corporate seal)
(Power of Attorney must be attached)
Whaytpn- h, Inc.
By.
Title`. President/CEO
Print Name: Ronald F. Davoli
WITNESS:
N/A
Print Name:
West
Bv:
Flo
Print Name: April L. Lively
Inquiries: (407) 834-0022
(affix corporate seal)
EY -IN -FA &
'da Licensed Resident Af7Aft l�.,
•
- 1 ,
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Eileen C Heard, Bryce R Guignard, M Gary Francis, April L Lively, Paul J Ciambriello,
Jennifer L Hindley, Margie L Morris, Deborah Ann DeFoe, Christine A Morton, Individually
of Longwood, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 17th day of November, 2017.
State of South Dakota
County of Minnehaha
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ooti ‘s
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WESTERN SURETY COMPANY
71 /
aul T. Bruflat, Vice President
On this 17th day of November, 2017, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
June 23, 2021
CERTIFICATE
J. Mohr, Notary Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation 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 corporation this 27th day of June, 2018.
Ty0..
000044.14
OEI p
b+,r;
Form F4280-7-2012 -:
L. Nelson, Assistant Secretary
Go to www.cnasurety.com > Owner f Obliggeervices > Validate Bond Coverage, if you want to verify bond authenticity.
WESTERN SURETY COMPANY
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.