HomeMy Public PortalAboutWilco Utility, LLCTOWN OF GULF STREAM
Overhead Utility Undergrounding Initiative
Date: August 15,2013
From: Danny Brannon, P. E.
Representative for the Town of Gulf Stream, Florida
To: Wilco Electrical LLC dba Wilco Utility LLC
430 Business Park Way
Royal Palm Beach, Florida 33411
Subject: Project 2015/16-50 Phase Two Utility Undergrounding Initiative
Phase #2 Notice to Proceed for Construction including all associated tasks
required to fulfill your obligations under the contract effective August 15, 2016.
Gentlemen,
Contracts for this work have been executed by the Town and Your Company. At the
direction of the mayor's office, the Town hereby provides you with Notice to Proceed
with all aspects of this project as provided for in the contract effective August 15, 2016.
We are aware that the FPL materials are not available and FPL's representative, John
Lehr, has indicated that the materials should be delivered to you within the next two to
three weeks directly from their vendor.
As contained in the Agreement, I remind you that the Inspector General of Palm Beach
County has the authority to investigate and audit matters relating to the negotiation and
performance of the services associated with this Agreement, and in furtherance thereof
may demand and obtain records and testimony from contractors and it's subcontractors
and lower tier contractors.
Danny Brannc , P.E.
Project Engineer
CC: Bill Thrasher, Town Manager
Rita Taylor, Town Clerk
100 Sea Road, Gulf Stream, Florida 33483
Telephone: 561-307-9454 Facsimile: 561-795-5678 Email: DBrannon@BnGEngineers.com
EXHIBIT 11
AGREEMENT
TOWN OF GULF STREAM
PROJECT NO: 2015/16-50
PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
This Agreement made and entered into thisl3rhday of jure 2016 by and between the
Town of Gulf Stream, Florida, a municipal corporation in Palm Beach County, Florida, party of
the fust part, hereinafter called the Town, and Wilco Electrical LLC /dba Wilco Utility LLC,
party of the second part, hereinafter called the Contractor, and duly authorized to do business in
the State of Florida and in Palm Beach County, Florida and in the Town of Gulf Stream.
WITNESSETH, that the Contractor and the Town, for the consideration hereinafter named, agree
as follows:
Article I - SCOPE OF WORK
The Contractor hereby agrees to furnish all the materials, equipment, and labor necessary to
perform in a good, firm, substantial, workmanlike manner, in accordance with the Invitation to
Bid and the Contractor's Proposal, all the work, as defined in the Contract including the
Additive Alternate Bid Number 1 as shown in the Work Plan and described in the specifications
for the project entitled:
TOWN OF GULF STREAM, FLORIDA
PROJECT NO. 2015/16-50
PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
For the completion of all work set forth in the contract documents, which are: Invitation to Bid,
Instruction to Bidders, Proposal, Bid Guaranty, Agreement, Performance Bond, Payment Bond,
Insurance Requirements, Standard Terms and Conditions, General Conditions, Exhibits, and
Construction Details and Specifications dated 12/30/2015 for the Total Bid including
Alternate Bid Items Less Adjustments provided in the Attached Change Order Number 1
amount of Two Million Eight Hundred Ninety Thousand Five Hundred Ninety -Seven and
Five Hundredths Dollars, ($2,890,597.05) (to the Contractor by the Town, all in accordance
with the requirements and provisions of the Contract Documents.
ARTICLE II - TIME OF COMPLETION
The Work to be performed under this Contract shall commence on the date of Notice to Proceed.
The Work shall be Substantially Complete no later than 8 months after Notice to Proceed is
given and all Work completed no later than 30 calendar days after Substantial Completion, with
such extensions of time as are provided for in the General Conditions.
If said Work is not completed within the time stated above, the Contractor shall be liable, and
hereby agrees to pay to the Town as liquidated damages and for the extra Engineering and
Administrative expenses incurred, and not as a penalty, for the amount stated in Section 33 of the
CD-1-
TGS Con RrP Doc PH2 1 -31 -2016 -Agreement and Bond Fonns.doc
520/2016
Bid Documents per calendar day for each and every day or part of a day thereafter that said work
remains substantially or fully incomplete.
ARTICLE III - PAYMENT
(A) Progress Payments.
1. On not later than the fifteenth day of every month the Contractor shall prepare and submit a
detailed estimate and payment requisition on a standard EJCDC form addressed to the Project's
Engineer, with copies to Rita Taylor (Town Clerk), covering the percentage of the total amount
of the Contract which has been completed based upon the sum of the Value of Completed Work
from the start of the job up to and including the last day of the preceding billing period (amount
previously paid), together with such supporting evidence as may be required by the Town
and/or Contractor. Partial Release(s) of Lien and Subcontractor Utilization Report shall be
submitted with each payment requisition to verify payment(s) to subcontractors and material
suppliers. The Town shall retain 10% of the value of each invoice issued for the Project (the
"Retainage").
2. Within 30 days after receipt and approval of Contractors invoice, the Town shall pay to the
Contractor ninety percent (90%) of the amount invoiced based upon the Value of Completed
Work Units that have been accepted and invoice as approved by the Engineer, less the aggregate
of previous payments. It is agreed that the Engineer shall have the right to finally determine the
amount currently due to the Contractor.
3. To support timely and appropriate progress payments against the base bid, Contractor hereby
agrees to the allocation of the Lump Sum Bid Price according to the following schedule of values
for the respective components of the Work as a percentage of the lump sum bid amounts:
A.
Installation of FPL conduits ......................:
__y_y_%
B.
Installation of FPL concrete pads / handholes..:
B.
Installation of FPL padmounted transformer
stations, switches, and capacitors ..................:
%
C.
Installation of FPL primary & secondary cable..:
%
D.
Installation of communications conduits/ boxes..:
3 (o
%
E.
Conversion of Overhead Electric Services ........:
tS
%
(Total for Base Bid items A through E to Equal 100% )
F.
Installation of Street Lighting conduit ............:
a
%
G.
Installation of Street Lighting wire handholes...:
5
%
H.
Installation of Street Lighting poles & fixtures...:
i
(Total for Alternate Bid Item #1 items F through H to equal 100%)
CD-2-
TGS Con RFP Doc PH2 1-31-2016-Agn=ncnt and Bond Fonm.doc
5202016
PLEASE NOTE: Submittals of estimates and invoices for payment must be directed to the
Project's Engineer so that they may be processed for recommendation and approval. The Town
will not be responsible for any delay in meeting the above mentioned payment schedule if the
Contractor submits his estimate and invoice to another person or which do not reflect the verified
completed work components. Partial payments will be made based on completion of units as
indicated on the prints for items A, C, and D. Partial payments for items B and E shall be paid
for each item completed as a percentage of the total number of items in the respective category.
If included, partial payments for street lighting shall be paid in a like manner relative to units of
wire completed, units of conduit completed, number of fixtures completed.
(B) Final Payment
1. Upon receipt of written notice that the work is ready for final inspection and acceptance, the
Engineer shall within fifteen (15) calendar days make such inspection and when he finds the
work acceptable under the Contract, and Contract fully performed, and acceptable to the
respective utilities, he will promptly issue a final certificate over his own signature, stating that
the work required by this Contract has been completed and is accepted by him under the terms
and conditions thereof, and the entire balance found to be due the Contractor, including the
Retainage, shall be paid to the Contractor by the Town within seventy (70) calendar days after
the date of said Final Certificate.
2. Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer
that all utility acceptance has been secured, and that all payrolls, materials bills, and other
indebtedness connected with the Work have been paid, except that in case of disputed
indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety or
Performance Bond satisfactory to the Town guaranteeing payment of all such disputed amounts
when adjudicated in cases where such payment has not already been guaranteed by Surety or
Performance bond.
3. If, after the work has been substantially completed, full completion thereof is materially
delayed through no fault of the contractor, and the Engineer so certifies, the Town shall, upon
receipt of the certificate of the Engineer, and without terminating the contract, make payment of
the balance due for that portion of the Work fully completed and accepted. Such payment shall
be made under the terms and conditions governing final payment, except that it shall not
constitute a waiver.
5. The Contractor must have satisfied the conditions of Section 32 of the Bid Documents.
CD-3-
TGS Con RPP Dac PH2 1 -31 -2016 -Agreement and Bond ronns.doc
5202016
Town of Gulf Stream, Florida ATTEST:
ByS;�2 4 Si OF
Title
v
CD-4-
TGS Con RFP Doc PH2 1-31-2016-Agmemmt and Bond Fonms.doc
5202016
t
t
Town Clerk
/liarta�tr _ -
Title
(Seal)
May 31", 2016
TOWN OF GULF STREAM, FLORIDA, A Municipal Corporation in Palm Beach County, Florida
100 Sea Road
Gulf Stream, FL. 33483
RE: Wilco Electrical LLC /dba Wilco Utility LLC
Project: Phase Two Utility Undergrounding Initiative, Project Number 2015/16-50
Bond No. 602-109427-5
To Whom It May Concern:
We have executed the enclosed bonds on behalf of the above captioned contractor in favor of the
Town of Gulf Stream, Florida. Please note that we have not dated the bonds or the Power of
Attorney. The copy of the contract we received was not dated and as the bonds follow the
contract they should not be dated prior to the contract.
Please accept this letter as authorization to date the enclosed Performance bond(s), Payment
bond(s), and the attached Power of Attorney for the captioned project. Please date these items
concurrently with the contract date and fax a copy to our office at 305-328-4838 or email to
dawn0aaltersuretv.com so that we can activate the bond coverage.
Please do not hesitate to contact our office should you have any questions in this regard. Thank
you.
Yours truly,
United States Fire Insurance Company
id T. Sating,
Attorney -In -Fact
5979 N.W. 151st Street • Suite 202 • Miami Lakes, Florida 33014
Phone: 305-517.1803 • Fax: 305.328.4838
ALTER SURETY GROUP, INC.
Bond Department - Public Works Bond
In compliance with Florida Statute Chapter 255.05, the provisions and limitations of section 255.05
Florida Statutes, including but not limited to, the notice and time limitations in Sections 255.05(2)
and 255.05(10) are incorporated in this bond by reference.
Bond Number
602-109427-5
Contractor Wilco Electrical LLC / dba Wilco Utility LLC
Address & 430 Business Parkway
Phone No. Royal Palm Beach, FL. 33411
(305) 248-9911
Surety United States Fire Insurance Company
Address & 305 Madison Avenue
Phone No. Morristown, NJ 07962
973-490-6600
Owner Name Town of Gulf Stream, Florida, a municipal corporation in Palm
Beach County, Florida
Address & 100 Sea Road
Phone No. Gulf Stream, FL 33483
561-276-5116
Contracting Public Entity
(if different from the owner)
Address &
Phone No.
Contract/Project Number Project Number 2015/16-50
Project Name Phase Two Utility Undergrounding Initiative
Project Location Within the jurisdictional limits of the Town of Gulf Stream
Legal Description Phase Two Utility Undergrounding Initiative
Description of Improvement: Phase Two Utility Undergrounding Initiative
This bond is given to comply with section 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 Section 255.05(2) and (10), Florida Statutes.
Any provision of this bond which conflict with or purports to grant broader or more expanded coverage in excess of the
minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond, not a common
law bond.
This is thejront page of the bond.
All other page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon.
PERFORMANCE BOND
(This Bond meets and exceeds the requirements of
Florida Statutes Section 255.05, as amended from time to time)
TOWN OF GULF STREAM
PROJECT NO: 2015/16-50
PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
Bond #602-109427-5
STATE OF FLORIDA )
) ss.:
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that we, Wilco Electrical LLC /dba Wilco Utility
LLC, as Principal, hereinafter called the Contractor, andUnited States Fire Insurance Companx as
Surety, are held and firmly bound unto Town of Gulf Stream, as obligee, (hereinafter called the
"Town"), in the Penal sum of Two Million Eight Hundred Ninety Thousand Five Hundred
Ninety -Seven and Five Hundredths Dollars, (S 2,890,597.05) for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents.Said amount representing the initial
bid amounts and the reductions provided in the attached negotiated Change Order Number 1.
WHEREAS, the Contractor, on the 13th day of June 20� entered
into a certain contract with the Town, hereto attached, for Sealed Bid No. 2015/16-50. Entitled
Project No. 2015/16-50, PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
including ALTERNATE BID ITEM NUMBER 1: TOWN STREET LIGHTING
IMPROVEMENTS, which Contract is made a part hereof by reference thereto.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
Contractor shall well and truly perforin and fulfill all the undertakings, covenants, terms,
conditions and agreements of said Contract, and all duly authorized modifications of said
Contract that may hereafter be made, notice of which modifications to the Surety being hereby
waived, then this obligation shall be void; otherwise to remain in full force and effect.
WHENEVER the Principal is declared by the Town to be in default under the Contract, or
whenever the Contract has been terminated by default of the Contractor, the Town having
performed the Town's obligations there under, the Surety shall:
1. Complete the Contract in accordance with its terms and conditions, or at
Town's sole option.
2. Obtain a Bid or Bids for submission to the Town for completing the
Contract in accordance with its terns and conditions, and upon determination by
PFB-1-
the Town and the Surety of the lowest responsible Bidder, arrange for a Contract
between such Bidder and the Town, and make available as work progresses (even
though there should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient Funds to pay the
cost of completion less the balance of the Contract price; but not exceeding,
including other costs and damages for which the Surety may be liable hereunder,
the amount set forth in the first paragraph hereof. The term "balance of the
Contract price" as used in this paragraph, shall mean the total amount payable by
the Town to the Contractor under the Contract and any amendments thereto, less
the amount properly paid by the Town to the Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the Town named herein or the successors or assignees thereof.
The Surety shall and does hereby agree to indemnify the Town and hold it harmless of, from and
against any and all liability, loss, cost, damage or expense, including reasonable attorneys' fees,
engineering and architectural fees or other professional services which the Town may incur or
which may accrue or be imposed upon it by reason of any negligence, default, act and/or
omission on the part of the Contractor, any Subcontractor and Contractor's or subcontractor's
agents, servants and/or employees, in, about or on account of the construction of the work and
performance of said Contract by the Contractor.
This bond shall remain in full force and effect for such period or periods of time after the date of
acceptance of the project by the Town as are provided for in the Contract Documents, and the
Contractor hereby guarantees to repair or replace for the said periods all work performed and
materials and equipment furnished, which were not performed or furnished according to the
terms of the Contract Documents. If no specific periods of warranty are stated in the Contract
Documents for any particular item of work, material or equipment, the Contractor hereby
guarantees the same for a minimum period of one (1) year from the date of final acceptance by
the Town of the entire project.
Any suit on this bond must be instituted within such period or periods as may be provided by
law.
IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by
their appropriate officials on the 9th day of June 2016.
PRINCIPAL
WITNESSES: (If sole Proprietor or Partnership)
(Firm Name)
Title: (Sole Proprietor or Partner)
PFB-2-
United States Fire Insurance Company
4acnt
Copy of Agent'ss License as issued by
State of Florida Insurance . t
Commissioner) Atto ey n -fact David T. Satire
(Po er of Attorney must be attached)
(CORPORATE SEAL)
PFB-3-
PRINCIPAL (If Corporation)
Wilco Electr' C /dba Wilco Utility LLC
(Corp Le Name �—
BY:
(President)
Attest:
(Secreta j •':
(CORPO TE SEAL)
2007
FLOHIDA
COUNTERSIGNED BY
RESIDENT FLORIDA........
AGENT OF SURETY: David T. Satine
SURETY
United States Fire Insurance Company
4acnt
Copy of Agent'ss License as issued by
State of Florida Insurance . t
Commissioner) Atto ey n -fact David T. Satire
(Po er of Attorney must be attached)
(CORPORATE SEAL)
PFB-3-
PAYMENT BOND
(SECTION 255.05, FLA. STAT., AS AMENDED FROM TIME TO TIME)
TOWN OF GULF STREAM Bond #602-109427-5
PROJECT NO: 2015/16-50
PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
BY THIS BOND, we Wilco Electrical LLC /dba Wilco Utility LLC, as Principal, and
United States Fire Insurance Company as Surety, are
held and firmly bound to Town of Gulf Stream, as obligee, (hereinafter called the Town), in the
sum of $ami s97. o-5 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 Principal:
Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., as
amended from time to time, supplying principal with labor, materials, or supplies, used
directly or indirectly by Principal in the prosecution of the work provided for in the
contract; and
Pays the Town all losses, damages, expenses, costs, and attorney's fees, including
appellate proceedings, that the Town sustains in enforcement of this bond.
Performs the guarantee of all labor and materials furnished under the contract for the time
specified in the contract, then this bond is void, otherwise it remains in full force.
Any changes in or under the contract documents and compliance or noncompliance with
any formalities connected with the contract or the changes do not affect Surety's
obligation under this bond.
The provisions of Section 255.05, Fla. Stat., as amended from time to time, are
specifically adopted by reference and made a part hereof for the purposes specified
therein.
The contract dated _ Jim - 13 20 16 between the Town and Principal is
made a part of this Bond by reference.
Claimants are advised that Section 255.05, Fla. Stat., as amended from time to time,
contains notice and time limitation provisions which must be strictly complied with.
The provisions and limitations of section 255.05 Florida
Statutes, including but not limited to the notice and time
Iknitetions in Sections 255.05(2) and 255.051701, are
incorporated in this bond by reference.
:
IN WITNESS WHEREOF, the above bounded parties executed this instrument under their
several seals, this qrh day of. ' e 20 16 A.D., the name and corporate
seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
WITNESS: (If sole Township or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
WITNESSES:
TERSIGNED BY
SIDENT FLORIDA
AGENT OR SURETY
PRINCIPAL:
Wilco Electrical LLC /dba Wilco
Si gg ue of Authorized Officer
V( d -Al t�6
Title
430 Business Parkway
Business Address
Royal Palm Beach, FL. 33411
City State
SURETY:
LLC
p0�•'r0
= 2u07 =
FLORID '
_ t
. Q�j.IFA1y • ♦♦'
1
United states Fjr2 Insurance Comnanv _
Corporate Sur
(Affix
Att me in -Fact uavid T. satin Seal)
305 Madison Avenue
Business Address
Morristown New Jersey 07962
City State
Alter Surety Group Inc.
Name of Local Insurance Agency
PYB-2-
POW EROFATTORNEY 21705
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE - MORRISTO WN, NEW JERSEY
KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the
state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint:
ll'arren :4L Aller, David T. Saline
each, its true and lawful Attomey(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver:
Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire
Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected
officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand
Dollars ($7,500,000).
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind
United States Fire Insurance Company except in the manner and to the extent therein stated.
This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attomeys-In-Fact named above and expires on January 1, 2017.
This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and
consistent with Article III thereof, which Articles provide, in pertinent pan:
Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President,
any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation:
(a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments
and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings,
recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages,
releases, satisfactions and agency agreements;
(b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the
seal of the Corporation.
Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds,
guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance
issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of
Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile
signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be
authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the
facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he
may have ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its
corporate seal hereunto affixed this 5th day of August, 2015.
' wE xso UNITED STATES FIRE INSURANCE COMPANY
of c
Anthony R. Sltmowicz, Seniorsident
State of New Jersey)
County of Morris )
On this 5th day of August, 2015 before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to
me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of
United States Fire Insurance Company thereto by the authority of his office. A
SONIA SCALA
NOTARY PUBLIC OF NEW JERSEY Sonia Scala
'•,:kw MY COMMISSION EXPIRES 325/2019 (Notary Public)
1, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the
foregoing is a full, true and correct copy is still in force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on
the day of , 20
UNITED STATES FIRE INSURANCE COMPANY
a:
�w
Al
LJ-'
CHAPTER 2016-20
Committee Substitute for House Bill No. 273
An act relating to public records; amending s. 119.0701, F.S.; requiring a
public agency contract for services to include a statement providing the
contact information of the public agency's custodian of public records;
prescribing the form of the statement; revising required provisions in a
public agency contract for services regarding a contractor's compliance
with public records laws; requiring a public records request relating to
records for a public agency's contract for services to be made directly to the
public agency; requiring a contractor to provide requested records to the
public agency or allow inspection or copying of requested records under
specified circumstances; providing penalties; specifying circumstances
under which a court must award the reasonable costs of enforcement
against a contractor; specifying what constitutes sufficient notice;
providing that a contractor who takes certain actions is not liable for
the reasonable costs of enforcement; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 119.0701, Florida Statutes, is amended to read;
119.0701 Contracts; public records: request for contractor records: civil
action.—
(1) DEFMTIONS.—For purposes of this section, the term:
(a) "Contractor" means an individual, partnership, corporation, or
business entity that enters into a contract for services with a public agency
and is acting on behalf of the public agency as provided under s. 119.011(2).
(b) "Public agency" means a state, county, district, authority, or
municipal officer, or department, division, board, bureau, commission, or
other separate unit of government created or established by law.
(2) CONTRACT REQUIREMENTS.—In addition to other contract
requirements provided by law, each public agency contract for services
entered into or amended on or after July 1 2016, must include;,
1
CODING. Words strieken are deletions; words underlined are additions.
Ch. 2016-20 LAWS OF FLORIDA Ch. 2016-20
.(b) A provision that requires the contractor to comply with public records
laws, specifically to:
1.(a) Keep and maintain public records that ordinarily aml-neeess�
weuld-be required by the public agency in ar-der to perform the service.
2.(b) Upon request from the public ends custodian of public records,
provide the public agency with a copy of the requested records or allow the
aeeess to publie records to be inspected or copied within a reasonable time en
the same terms and eanditiens that the _.ubHe ageney __ d provide the
reeer-ds and at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
,.(e) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except
as authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the public agency.
its public records that are exempt or confidential and
records disclosure requirements. If the contractor keeps
shall meet all applicable Muirements for retaining public records All
records stored electronically must be provided to the public agency. upon
request from the public agency's custodian of public records in a format that
is compatible with the information technology systems of the public agency.
(3) REQUEST FOR RECORDS: NONCOWLIANCE
L1a1(3) If a contractor does not comply with ItIm it public agency's records
request for recordsthe public agency shall enforce the contract provisions in
accordance with the contract.
(4) CIVIL ACTION.
—
2
CODING: Words strieken are deletions; words underlined are additions.
Ch. 2016-20 LAWS OF FLORIDA Ch. 2016-20
Section 2. This act shall take effect upon becoming a law.
Approved by the Governor March 8, 2016.
Filed in Office Secretary of State March 8, 2016.
,1,�
<�/-SL ( I
3
CODING: Words sttieken are deletions; words underlined are additions.
Ch. 2016-20 LAWS OF FLORIDA Ch. 2016-20
4.
Section 2. This act shall take effect upon becoming a law.
Approved by the Governor March 8, 2016.
Filed in Office Secretary of State March 8, 2016.
0 �_v
3
CODING: Words stricken are deletions; words underlined are additions.
WILCO Request for Change Order: 001
Electrical, LLC. Wilco Electrical LLC dba Wilco Utility LLC Job Number 2015/16-50
430 Business Park Way Date 4/10/16
An ENERGIZING company Royal Palm Beach, Florida 33411 Page 1 OF 3
Location: Town of Gulf Stream, Florida (Golfview Road north to Town Limits)
Narrative Description of Required Change
REMOVAL OF WORK NOT REQUIRED PRIOR TO RECEIVING NOTICE TO PROCEED
1. Comcast service conduits included in the bid at locations not receiving new underground FPL service conduits are
hereby being removed from Contract. Locations to receive are as depicted on the FPL Conduit Installation
Supplemental Plans and Specifications drawings dated November 29,2015, and on the revised Comcast Conduit
Installation Plans and Specifications for Fiber Optics drawings dated April 1, 2016, which hereby replace the
Comcast Conduit Installation Plans and Specifications drawings dated April 15, 2015. This will include the
elimination of 97 comcast 1" service conduits not required.
2. AT&T service conduits included In the bid at locations are hereby being removed from Contract. The AT&T
requested conduits did not include any requirements for service conduits. Also, certain sections of 4" AT&T conduit
being installed are being reduced to 2" conduit as depicted on the revised plan drawings. Revised AT&T Conduit
Installation Plans and Specifications drawings dated April 1, 2016 hereby replace the AT&T Conduit Installation
Plans and Specifications Drawings dated April 15, 2015. This will include the elimination of 187 AT&T 1" service
conduits not required.
3. The furnishing and installation of Comcast splice boxes are hereby deleted and removed from this contract. The
furnishing and installation of AT&T splice boxes are hereby reduced from 26 to 5 in this contract as depicted in the
revised AT&T Conduit Installation Pians and Specifications drawings dated April 1, 2016 .
Change Order Cost from Unit Breakdown Page 2
Change Order Cost from T&M Breakdown Page 3
Change Order Cost Total
Change Order Duralieq Impact
$ (444,178.50)
$ (444,178.50)
0
Submitted By�---
V V
Name &Title:
Recommended:
Name &Title: Danny
Approved:
Name &Title:
President
Engineer
WILCWN - Request for Change Order 001
Job Number 2015/16-50
Electrical, LLC. Date 4/10/16
An ENERGIZING company Page 2 OF 3
i Snit Prirn 4hurh,in of Valnoc fnr fhnnnn nrrinr Wnrb
#
Item
Unit of
Unit Price
CO
Line Item Total
Measure
Quantity
1
Install 1-4" and 1-2" AT&T Conduits via Directional Bore
LF
$ 24.00
5981
$143,544.00
Complete. (includes all labor and materials, excludes
machine setup ) u19+u27
2
Install 2-4" AT&T/ Comcast Service Conduits via
LF
$ 33.00
(5981)
($197,373.00)
Directional Bore Complete. (includes all labor and
materials, excludes machine setup ) u19+u25
3
Install 1-2" AT&T/ Comcast Service Conduits via
LF
$ 15.00
0
$0.00
Directional Bore Complete. (includes all labor and
materials, excludes machine setup ) u20
4
Install 2-2" AT&T/ Comcast Service Conduits via
LF
$ 21.75
0
$0.00
Directional Bore Complete. (Includes all labor and
materials, excludes machine setup ) u20+u27
5
Install 1-1" additional AT&T/ Comcast Service Conduits
LF
$ 3.00
10080
$30,240.00
on existing Directional Bore Complete. (includes all
labor and materials, excludes machine setup) u23+u48
6
Install 2-1" additional AT&T/ Comcast Service Conduits
LF
$ 12.00
(20944)
($251,328.00)
via Directional Bore Complete. (includes all labor and
materials, excludes machine setup) u22
7
Directional Bore Machine Setup with Pits
EA
$ 150.00
(187)
($28,050.00)
(includes all pits and site restoration work)
8
Furnish and Install AT&T 36" Pull Box Complete
EA
$ 2,000.00
(21)
($42,000.00)
(includes all materials, site and conduit work) u7
9
Install 1-2" AT&T/ Comcast additional conduit on
LF
$ 6.75
(14698)
($99,211.50)
existing directional Bore . (includes labor and materials,
excludes machine setup ) u27+u47
10
11
$0.00
12
$0.00
13
$0.00
14
$0.00
15
Page 3 : T&M Costs Additions / (Reductions)
$0.00
Unit Price Cost Total
Page Total
WILCO-
UNIT
PRICE
EXTENSION
I
Request for Change Order 001
Electrical, LLC.
Job Number 2015/1650
An ENERGIZING Company
Date 04/10/16
$
Page 30F3
TIMF. FMIIPMFNT. MAWIHAI E PRMPuoeeomc uecnvnnum
OTT. MATERIAL& INVOICE COSTS
REIMBURSIBLE5
UNIT
PRICE
EXTENSION
I
UNIT EQUIPMENTCOST
(Based upon Blue Book Rates)
UNIT EXT.
RATE
$
Saw
5
$0.00
$
$0.00
$
$0.00
5
$0.00
5
SD.00
$
$0.00
5
$000
$
$0.00
S
50.00
$
So.o
$
$000
$
5000
5
$0.00
$
5000
$
1 1
$0.00
5
$0.00
Relmburslbles Total
$
Equipment Total
50,Ip
TOTALS
OTY Classification Reg
Rate
OT
Rate
Reg OT
Hours Hours
Total tine Lot" Cost
SUMMARY
Unman
$0.00
TOTAL REIMBURSIBLES
$0.00
Supt.
$0.00
SALESTA%
$0.00
Poject Engineer
$0.00
MARK-UP 15%
Operator
$0.00
TgialPEPIBeMeLLTDST
$0.00
DrNei
S0A0
TOTAL REG.LABOR
50.00
Laborer 50.00
Equipment Transport Driver
$Opp
TOTAL O.T. LABOR
50.00
Eleculian $0.00
50.00
EQUIPMENT COST
$Opo
SD.00
50.00
Tonal Labor $000
DTT PER DIEM Daily Rate
Days
Total Per Diem
50.00
PERMIT FEES
OTHER COSTS
TOTALS
BASE COST
50,00
PAGETOTAL
50.00
WILCW� Request for Change Order: 001
Electrical, LLC. Wilco Electrical LLC dba Wilco Utility LLC Job Number 2015/16-50
430 Business Park Way Date 4/10/16
An ENERGIZING Company Royal Palm Beach, Florida 33411
Page 1 OF 3'
Location: Town of Gulf Stream, Florida (Golfview Road north to Town Limits)
Narrative Description of Required Change
REMOVAL OF WORK NOT REQUIRED PRIOR TO RECEIVING NOTICE TO PROCEED
1. Comcast service conduits included in the bid at locations not receiving new underground FPL service conduits are
hereby being removed from Contract. Locations to receive are as depicted on the FPL Conduit Installation
Supplemental Plans and Specifications drawings dated November 29,2015, and on the revised Comcast Conduit
Installation Plans and Specifications for Fiber Optics drawings dated April 1, 2016, which hereby replace the
Comcast Conduit Installation Plans and Specifications drawings dated April 15, 2015. This will include the
elimination of 97 comcast 1" service conduits not required.
2. AT&T service conduits Included in the bid at locations are hereby being removed from Contract. The AT&T
requested conduits did not include any requirements for service conduits. Also, certain sections of 4" AT&T conduit
being installed are being reduced to 2" conduit as depicted on the revised plan drawings. Revised AT&T Conduit
Installation Plans and Specifications drawings dated April 1, 2016 hereby replace the AT&T Conduit Installation
Plans and Specifications Drawings dated April 15, 2015. This will include the elimination of 187 AT&T 1" service
conduits not required.
3. The furnishing and installation of Comcast splice boxes are hereby deleted and removed from this contract. The
furnishing and installation of AT&Tsplice boxes are hereby reduced from 26 to 5 in this contract as depicted in the
revised AT&T Conduit Installation Plans and Specifications drawings dated April 1, 2016 .
Change Order Cost from Unit Breakdown Page 21 $
Change Order Cost from T&M Breakdown Page 31 $
change Order Cost Total
Change Order Quratiep Impact
✓�v �i
i
Submitted By(---
Name &Title:
Recommended:
Name &Title: Danny Bran
Approved:
Name &Title:
President
Engineer
WILGO� Request for Change Order 001
Electrical, LLC. Job Number 2015/16-50
Date 4/10/16
An ENERGIZING Company Page 2 OF 3
#
Item
Unit of
V Unit Price
CO
Line Item Total
Measure
Quantity
1
Install 1-4" and 1-2" AT&T Conduits via Directional Bore
LF
$ 24.00
5981
$143,544.00
Complete. (includes all labor and materials, excludes
machine setup ) u19+u27
2
Install 2-4" AT&T/ Comcast Service Conduits via
LF
$ 33.00
(5981)
($197,373.00)
Directional Bore Complete. (includes all labor and
materials, excludes machine setup ) u19+u25
3
Install 1-2" AT&T/ Comcast Service Conduits via
LF
$ 15.00
0
$0.00
Directional Bore Complete. (includes all labor and
materials, excludes machine setup ) u20
4
Install 2-2" AT&T/ Comcast Service Conduits via
LF
$ 21.75
0
$0.00
Directional Bore Complete. (includes all labor and
materials, excludes machine setup ) u20+u27
5
Install 1-1" additional AT&T/ Comcast Service Conduits
LF
$ 3.00
10080
$30,240.00
on existing Directional Bore Complete. (includes all
labor and materials, excludes machine setup) u23+u48
6
Install 2-1" additional AT&T/ Comcast Service Conduits
LF
$ 12.00
(20944)
($251,328.00)
via Directional Bore Complete. (Includes all labor and
materials, excludes machine setup) u22
7
Directional Bore Machine Setup with Pits
EA
$ 150.00
(187)
($28,050.00)
(includes all pits and site restoration work)
8
Furnish and Install AT&T 36" Pull Box Complete
EA
$ 2,000.00
(21)
($42,000.00)
(includes all materials, site and conduit work) u7
9
Install 1-2" AT&T/ Comcast additional conduit on
LF
$ 6.75
(14698)
($99,211.50)
existing directional Bore . (includes labor and materials,
excludes machine setup ) u27+u47
10
$0.00
$0.00
]15Page3
$0.00
$0.00
ts Additions / (Reductions)
$000
Unn Price Cost Tntal
Page Total
WILCO --
Request for Change Order 001
Electrical, LLC. Job Number 2015/16-50
An EWEEGMAIG Company Date a/1o/16
•_ w•,a cm..c inv sic wv�
unu
EXTENSION
UNIT
EOUIPMENTCOST
UNR EXT.
flEiMBURSIBlE5
PRICE
(Baud upon Blue Book Rates)
RATE
5
SO DO
$
50.00
S
som
$
30.00
5
SO.DO
$
$0.00
$
$O.DO
5
$0.00
$
$o.00
$
50.00
$
50 DD
$
So.DO
$
50.00
5
SO.00
$
50.00
$
$0.00
5
50.00
Relmbunibles Total
$ -
Equipment Total
$000
TOTALS
tian Reg
OT
Res OT
Taut Line labor Cost
Pate
Rate
Hours Hours
SUMMARY
$0.00
TOTALROMBURSIBES
$0,00
50.00
SALES TA%
$0.00
ineer
50.00
MARK-UP 15%
N��
SO.00
talaewrWRsa`mSr
So.00
so
.OR
SOAIO
t Transport Driver
$0.00
ITOTAL O.T. LABOR
50.00
50.00
5•0�.00
EOUIPMENTCOST
50.00
W.Lb
Total labor
50.00
OTY PER DIEM Das1V Pate
Total Per Diem
JDM
50.00
PERMR FEES
OTHER COSTS
TOTALS
1PAGECT00STTAi.
50,00
$000
W'LCO� Request for Change Order: 001
Electrical, LLC. Wilco Electrical LLC dba Wilco Utility LLC Job Number 2015/16-5o
430 Business Park Way Date 4/10/16
An ENERGIZING company Royal Palm Beach, Florida 33411 Page 1 OF 3
Location: Town of Gulf Stream, Florida ( Golfview Road north to Tnwn i imitO
Narrative Description of Required Change
REMOVAL OF WORK NOT REQUIRED PRIOR TO RECEIVING NOTICE TO PROCEED
1. Comcast service conduits included in the bid at locations not receiving new underground FPL service conduits are
hereby being removed from Contract. Locations to receive are as depicted on the FPL Conduit Installation
Supplemental Plans and Specifications drawings dated November 29,2015, and on the revised Comcast Conduit
Installation Plans and Specifications for Fiber Optics drawings dated April 1, 2016, which hereby replace the
Comcast Conduit Installation Plans and Specifications drawings dated April 15, 2015. This will include the
elimination of 97 comcast 1" service conduits not required.
2. AT&T service conduits Included in the bid at locations are hereby being removed from Contract. The AT&T
requested conduits did not include any requirements for service conduits. Also, certain sections of 4" AT&T conduit
being installed are being reduced to 2" conduit as depicted on the revised plan drawings. Revised AT&T Conduit
Installation Plans and Specifications drawings dated April 1, 2016 hereby replace the AT&T Conduit Installation
Plans and Specifications Drawings dated April 15, 2015. This will include the elimination of 187 AT&T 1" service
conduits not required.
3. The furnishing and installation of Comcast splice boxes are hereby deleted and removed from this contract. The
furnishing and installation of AT&T splice boxes are hereby reduced from 26 to 5 in this contract as depicted in the
revised AT&T Conduit Installation Plans and Specifications drawings dated April 1, 2016 .
Change Order Cost from Unit Breakdown Page 2
Change Order Cost from T&M Breakdown Page 3
Change Order Cost Total
Change Order matieq Impact
$ (444,178.50)
$ (444,178.50)
0
LL
Submitted ByL' "' V
Name &Title: Thoma emit, President
Recommended:
Name &Title: Danny Brann i, Engineer
Approved:
Name &Title:
WILCO�-
Electrical, LLC.
An ENERGIZING company
Request for Change Order
Job Number
Date
I Init Pri,. C4halnln of\/ah... inr!'kaon. nM— W-1,
2 OF
N
Item
Unit of
Unit Price
CO
Line Item Total
Measure
Quantity
1
Install 1-4" and 1-2" AT&T Conduits via Directional Bore
LF
$ 24.00
5981
$143,544.00
Complete. (includes all labor and materials, excludes
machine setup ) u19+u27
2
Install 2-4" AT&T/ Comcast Service Conduits via
LF
$ 33.00
(5981)
($197,373.00)
Directional Bore Complete. (includes all labor and
materials, excludes machine setup ) u19+u25
3
Install 1-2" AT&T/ Comcast Service Conduits via
LF
$ 15.00
0
$0.00
Directional Bore Complete. (includes all labor and
materials, excludes machine setup ) u20
4
Install 2-2" AT&T/ Comcast Service Conduits via
LF
$ 21.75
0
$0.00
Directional Bore Complete. (Includes all labor and
materials, excludes machine setup ) u20+u27
5
Install 1-1" additional AT&T/ Comcast Service Conduits
LF
$ 3.00
10080
$30,240.00
on existing Directional Bore Complete. (includes all
labor and materials, excludes machine setup) u23+u48
6
Install 2-1" additional AT&T/ Comcast Service Conduits
LF
$ 12.00
(20944)
($251,328.00)
via Directional Bore Complete. (includes all labor and
materials, excludes machine setup) u22
7
Directional Bore Machine Setup with Pits
EA
$ 150.00
(187)
($28,050.00)
(includes all pits and site restoration work)
8
Furnish and Install AT&T 36" Pull Box Complete
EA
$ 2,000.00
(21)
($42,000.00)
(includes all materials, site and conduit work) u7
9
Install 1-2" AT&T/ Comcast additional conduit on
LF
$ 6.75
(14698)
($99,211.50)
existing directional Bore . (includes labor and materials,
excludes machine setup ) u27+u47
10
11
$0.00
12
$0.00
13
$0.00
14
$0.00
15
Page 3 : T&M Costs Additions / (Reductions)
$0.00
Unit Price Cost Total
Page
WILCO--%�
UNIT
PRICE
EXTENSION
Request for Change Order 001
Electrical, LLC.
Job Number 2015/16.50
An ENERGIZING Company
Date 04/10/16
$
Page 30F3
TIME FMJIPMFNT. MATFRIAI R RFIMRURca RI cc vvicevnnwu
OW. MATERIAL g INVOICE COSTS
REIMBURSIBLES
UNIT
PRICE
EXTENSION
UNIT I EQUIPMENTCOST
leased upon Blue Book Rates)
UNIT EXT.
RATE
$
S0.00
$
SOAO
$
So.00
$
$0.00
S
SO.00
S
$0.00
S
I
$0.00
S
$0.00
$
$0.00
S
1
$0.00
$
$0.00
$
$0.00
$
SO.00
S
SO OD
$
SOAn
$
$0 W
$
Reimbunibles Total
S -
Equipment Total
50.00
TOTALS
CITY Classification Reg
Rate
OT
Rate
Reg OT
Noun Hours
TOW Une Labor Cost
SUMMARY
Unman
$0.00
TOTAL REIMBURSIBLES
$0.00
Supt.
$0.00
SALESTAX
$0.00
Po)ectEngineer
$0.00
MARKUP ISX
Operator
$0.00
IPTAIPEMaURSRIE raaT
$0.00
DrHer
50.00
TOTALREG.LABOR
S000
Laborer 50.00
Equipment Transport Onver
50 p0
TOTAL O.T. IABOR
50,00
Elecnidan S0.00
$0.00
EQUIPMENTCOST
$0,00
50.00
$0.00
Total Labor 50.00
QTY PER DIEM Daily Rate
Days
Total Per Diem
$000
PERMIT FEES
OTHERCOSTS
TOTALS
BASE COST
$0.00
PAGETOTAL
$0.00
WILC��-
Electrical, LLC.
An ENERGIZING company
Location: Town
or
Request for Change Order:
:o Electrical LLC dba Wilco Utility LLC Job Number
Business Park Way Date 4/10/16
31 Palm Beach, Florida 33411 Page 1 OF 3
Golfview Road north to Town Limits)
1. Comcast service conduits included in the bid at locations not receiving new underground FPL service conduits are
hereby being removed from Contract. Locations to receive are as depicted on the FPL Conduit Installation
Supplemental Plans and Specifications drawings dated November 29,2015, and on the revised Comcast Conduit
Installation Plans and Specifications for Fiber Optics drawings dated April 1, 2016, which hereby replace the
Comcast Conduit Installation Plans and Specifications drawings dated April 15, 2015. This will include the
elimination of 97 comcast 1" service conduits not required.
2. AT&T service conduits included in the bid at locations are hereby being removed from Contract. The AT&T
requested conduits did not include any requirements for service conduits. Also, certain sections of 4" AT&T conduit
being installed are being reduced to 2" conduit as depicted on the revised plan drawings. Revised AT&T Conduit
Installation Plans and Specifications drawings dated April 1, 2016 hereby replace the AT&T Conduit Installation
Plans and Specifications Drawings dated April 15, 2015. This will include the elimination of 187 AT&T 1" service
conduits not required.
The furnishing and installation of Comcast splice boxes are hereby deleted and removed from this contract. The
rnishing and installation of AT&T splice boxes are hereby reduced from 26 to 5 in this contract as depicted in the
AT&T Conduit Installation Plans and Specifications drawings dated April 1, 2016 .
Change Order Cost from Unit Breakdown Page 2 $ (444,178.50)
Change Order Cost from T&M Breakdown Page 3 $
Change Order Cost Total $ (444,178.50)
Change Order DuratieR impact 0
Submitted ByL--
Name &Title: Thomas
Recommended:
Name &Title: Danny
Approved:
Name &Title:
President
Engineer
WILCO®-
Electrical, LLC.
An ENERGIZING company
Request for Change Order
Job Number
Date
20F
ri
I Item
Unit of
Unit Price
CO
Line Item Total
Measure
Quantity
1
Install 1-4" and 1-2" AT&T Conduits via Directional Bore
LF
$ 24.00
5981
$143,544.00
Complete. (includes all labor and materials, excludes
machine setup ) u19+u27
2
Install 2-4" AT&T/ Comcast Service Conduits via
LF
$ 33.00
(5981)
($197,373.00)
Directional Bore Complete. (includes all labor and
materials, excludes machine setup ) u19+u25
3
Install 1-2" AT&T/ Comcast Service Conduits via
LF
$ 15.00
0
$0.00
Directional Bore Complete. (includes all labor and
materials, excludes machine setup ) u20
4
Install 2-2" AT&T/ Comcast Service Conduits via
LF
$ 21.75
0
$0.00
Directional Bore Complete. (includes all labor and
materials, excludes machine setup ) u20+u27
5
Install 1-1" additional AT&T/ Comcast Service Conduits
LF
$ 3.00
10080
$30,240.00
on existing Directional Bore Complete. (includes all
labor and materials, excludes machine setup) u23+u48
6
Install 2-1" additional AT&T/ Comcast Service Conduits
LF
$ 12.00
(20944)
($251,328.00)
via Directional Bore Complete. (includes all labor and
materials, excludes machine setup) u22
7
Directional Bore Machine Setup with Pits
EA
$ 150.00
(187)
($28,050.00)
(includes all pits and site restoration work)
8
Furnish and Install AT&T 36" Pull Box Complete
EA
$ 2,000.00
(21)
($42,000.00)
(includes all materials, site and conduit work) u7
9
Install 1-2" AT&T/ Comcast additional conduit on
LF
$ 6.75
(14698)
($99,211.50)
existing directional Bore . (includes labor and materials,
excludes machine setup ) u27+u47
10
11
$0.00
12
$0.00
13
$0.00
14
$0.00
15
Page 3 : T&M Costs Additions / (Reductions)
$0.00
Unit Price Cost Total ($444,178.50)
Page
WILCO-%fte.—
UNIT
PRICE
EXTENSION
Request for Change Order 001
Electrical, LLC.
Job Number 2015/1650
An ENERGIZING Company
Date 04/10/16
Tsaar sni DDncuT a —DIA' o e
Page 3OF3
CITY. MATERIAL& INVOICE COSTS
REIMSURSIBLES
UNIT
PRICE
EXTENSION
UNIT EQUIPMENTCOST
(Based upon Blue Book Rates)
UNIT W.
RATE
$
$000
$
SO00
$
$0.00
$
$0.00
$
S0.00
$
$0.00
$
$0.00
$
$000
$
$0.00
$
saw
$
$0.00
$
5000
$
5000
$
$0.00
$
50.00
$
Reimbursibles Total
$ -
Equipment Total
TOTALS
QTY ClassifiWion Reg
Rate
OT
Rate
Reg OT
Hours Hours
Total Une Labor Cost
SUMMARY
Uneman
$0.00
TOTAL REIMBURSIBLES
$0.00
Supt.
$0.00
SALESTAX
$0.00
Poled Engineer
$0.00
MARK-UP 15%
Operator
SO.00
IOraL I1fIMBeaSiGF RISi
$0.00
Driver
SOHO
TOTAL REG.IABOR
Sow
Laborer 50.00
Equipment Transport Order
SC 00
TOTAL O. T. LABOR
$0,00
nC[trlflan $0.00
50.00
EQUIPMENT COST
$0,00
$0.00
$D.m
Total Labor 50.00
CITY PER DIEM Daily Rate
Days
Total Per Diem
$0.00
PERMIT FEES
OTHER COSTS
TOTALS
BASE COST
$0.00
PAGE—A'
$p.Qp
Rita Taylor
From:
Gary Resnick <Gary.Resnick@gray-robinson.com>
Sent:
Friday, June 10, 2016 5:52 PM
To:
Bill Thrasher
Cc:
Rita Taylor
Subject:
RE: Agreements (Wilco)
Uff
I am fine with the Agreement and do not have any revisions to the existing terms.
I do not have Section 32 of the Invitation For Bids so do not know what is incorporated in the Agreement. I would
suggest adding standard provisions dealing with insurance, indemnification, compliance with Town Code and Florida law,
dispute resolution, notices of violations, governing law and venue. Again, these may be contained in the IFB and already
incorporated into the Agreement.
If you have any questions, please do not hesitate to contact me. Thanks.
Gary
Gary Resnick I Shareholder
GRAYIROBINSON
401 East Las Olas Blvd., Suite loon I Fort Lauderdale, Florida 33301
T: 954-761-81111 F: 954-761-8112
E-mail I Website I Bio I vCard
FacebookI Linkedfn I Twitter
This e-mail is intended only for the individuals) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information.
If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the
intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of
this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination,
distribution or copying of this communication is prohibited by the sender and to do an might constitute a violation of the Electronic Communications Privacy Act,
is U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original
message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relatinuship with the sender.
From: 8111 Thrasher [mailto:bthrasher@gulf-stream.org]
Sent: Wednesday, June 08, 2016 9:37 AM
To: Gary Resnick
Cc: Rita Taylor
Subject: Agreements (Wilco)
Mr. Resnick -
Please review the attachment as soon as possible and advise your comments as soon as possible (no later than the end
of this week).
Thank you,
Bill Thrasher
www.altersurety.com
May 315`, 2016
TOWN OF GULF STREAM, FLORIDA, A Municipal Corporation in Palm Beach County, Florida
100 Sea Road
Gulf Stream, FL. 33483
RE: Wilco Electrical LLC /dba Wilco Utility LLC
Project: Phase Two Utility Undergrounding Initiative, Project Number 2015/16-50
Bond No. 602-109427-5
To Whom It May Concern:
We have executed the enclosed bonds on behalf of the above captioned contractor in favor of the
Town of Gulf Stream, Florida. Please note that we have not dated the bonds or the Power of
Attorney. The copy of the contract we received was not dated and as the bonds follow the
contract they should not be dated prior to the contract.
Please accept this letter as authorization to date the enclosed Performance bond(s), Payment
bond(s), and the attached Power of Attorney for the captioned project. Please date these items
concurrently with the contract date and fax a copy to our office at 305-328-4838 or email to
dawn@,altersurety.com so that we can activate the bond coverage.
Please do not hesitate to contact our office should you have any questions in this regard. Thank
you.
Yours truly,
United States Fire Insurance Company
id T. Saline,
Attorney -In -Fact
5979 N.W. 151st Street - Suite 202 - Miami Lakes, Florida 33014
Phone: 305-517-3803 - Fax: 305-328-4838
EXHIBIT 11
AGREEMENT
TOWN OF GULF STREAM
PROJECT NO: 2015/16-50
PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
This Agreement made and entered into thisl3_hday of .Tl]np 2016 by and between the
Town of Gulf Stream, Florida, a municipal corporation in Palm Beach County, Florida, party of
the first part, hereinafter called the Town, and Wilco Electrical LLC /dba Wilco Utility LLC,
party of the second part, hereinafter called the Contractor, and duly authorized to do business in
the State of Florida and in Palm Beach County, Florida and in the Town of Gulf Stream.
WITNESSETH, that the Contractor and the Town, for the consideration hereinafter named, agree
as follows:
Article I - SCOPE OF WORK
The Contractor hereby agrees to furnish all the materials, equipment, and labor necessary to
perform in a good, firm, substantial, workmanlike manner, in accordance with the Invitation to
Bid and the Contractor's Proposal, all the work, as defined in the Contract including the
Additive Alternate Bid Number I as shown in the Work Plan and described in the specifications
for the project entitled:
TOWN OF GULF STREAM, FLORIDA
PROJECT NO. 2015/16-50
PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
For the completion of all work set forth in the contract documents, which are: Invitation to Bid,
Instruction to Bidders, Proposal, Bid Guaranty, Agreement, Performance Bond, Payment Bond,
Insurance Requirements, Standard Terms and Conditions, General Conditions, Exhibits, and
Construction Details and Specifications dated 12/30/2015 for the Total Bid including
Alternate Bid Items Less Adjustments provided in the Attached Change Order Number 1
amount of. Two Million Eight Hundred Ninety Thousand Five Hundred Ninety -Seven and
Five Hundredths Dollars, ($2,890,597.05) (to the Contractor by the Town, all in accordance
with the requirements and provisions of the Contract Documents.
ARTICLE II - TIME OF COMPLETION
The Work to be performed under this Contract shall commence on the date of Notice to Proceed.
The Work shall be Substantially Complete no later than 8 months after Notice to Proceed is
given and all Work completed no later than 30 calendar days after Substantial Completion, with
such extensions of time as are provided for in the General Conditions.
If said Work is not completed within the time stated above, the Contractor shall be liable, and
hereby agrees to pay to the Town as liquidated damages and for the extra Engineering and
Administrative expenses incurred, and not as a penalty, for the amount stated in Section 33 of the
CD-1-
TGS Con RFP Doc PH2 1-31-2016-Ag=mmt and Bond Fot .doc
5202016
ALTER SURETY GROUP, INC.
Bond Department - Public Works Bond
In compliance with Florida Statute Chapter 255.05, the provisions and limitations of section 255.05
Florida Statutes, including but not limited to, the notice and time limitations in Sections 255.05(2)
and 255.05(10) are incorporated in this bond by reference.
Bond Number 602-109427-5
Contractor Wilco Electrical LLC / dba Wilco Utility LLC
Address & 430 Business Parkway
Phone No. Royal Palm Beach, FL. 33411
(305) 248-9911
Surety United States Fire Insurance Company
Address & 305 Madison Avenue
Phone No. Morristown, NJ 07962
973-490-6600
Owner Name Town of Gulf Stream, Florida, a municipal corporation in Palm
Beach County, Florida
Address & 100 Sea Road
Phone No. Gulf Stream, FL 33483
561-276-5116
Contracting Public Entity
(if different from the owner)
Address &
Phone No.
Contract/Project Number Project Number 2015/16-50
Project Name Phase Two Utility Undergrounding Initiative
Project Location Within the jurisdictional limits of the Town of Gulf Stream
Legal Description Phase Two Utility Undergrounding Initiative
Description of Improvement: Phase Two Utility Undergrounding Initiative
This bond is given to comply with section 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 Section 255.05(2) and (I0), Florida Statutes.
Any provision of this bond which conflict with or purports to grant broader or more expanded coverage in excess of the
minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond, not a common
law bond.
This is the from page of the bond.
All other page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon.
EXHIBIT 12
PERFORMANCE BOND
(This Bond meets and exceeds the requirements of
Florida Statutes Section 255.05, as amended from time to time)
TOWN OF GULF STREAM
PROJECT NO: 2015/16-50
PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
Bond #602-109927-5
STATE OF FLORIDA )
) ss.:
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that we, Wilco Electrical LLC /dba Wilco Utility
LLC, as Principal, hereinafter called the Contractor, andUnited States Fire Insurance Compan as
Surety, are held and firmly bound unto Town of Gulf Stream, as obligee, (hereinafter called the
"Town"), in the Penal sum of Two Million Eight Hundred Ninety Thousand Five Hundred
Ninety -Seven and Five Hundredths Dollars, (S 2,890,597.05 ) for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents.Said amount representing the initial
bid amounts and the reductions provided in the attached negotiated Change Order Number 1.
WHEREAS, the Contractor, on the 13th day of June 2016 entered
into a certain contract with the Town, hereto attached, for Sealed Bid No. 2015/16-50 . Entitled
Project No. 2015/16-50, PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
including ALTERNATE BID ITEM NUMBER 1: TOWN STREET LIGHTING
IMPROVEMENTS, which Contract is made a part hereof by reference thereto.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
Contractor shall well and truly perform and fulfill all the undertakings, covenants, terns,
conditions and agreements of said Contract, and all duly authorized modifications of said
Contract that may hereafter be made, notice of which modifications to the Surety being hereby
waived, then this obligation shall be void; otherwise to remain in full force and effect.
WHENEVER the Principal is declared by the Town to be in default under the Contract, or
whenever the Contract has been terminated by default of the Contractor, the Town having
performed the Town's obligations there under, the Surety shall:
I. Complete the Contract in accordance with its terns and conditions, or at
Town's sole option.
2. Obtain a Bid or Bids for submission to the Town for completing the
Contract in accordance with its terms and conditions, and upon determination by
PFB-I-
the Town and the Surety of the lowest responsible Bidder, arrange for a Contract
between such Bidder and the Town, and make available as work progresses (even
though there should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient Funds to pay the
cost of completion less the balance of the Contract price; but not exceeding,
including other costs and damages for which the Surety may be liable hereunder,
the amount set forth in the first paragraph hereof. The term "balance of the
Contract price" as used in this paragraph, shall mean the total amount payable by
the Town to the Contractor under the Contract and any amendments thereto, less
the amount properly paid by the Town to the Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the Town named herein or the successors or assignees thereof.
The Surety shall and does hereby agree to indemnify the Town and hold it harmless of, from and
against any and all liability, loss, cost, damage or expense, including reasonable attorneys' fees,
engineering and architectural fees or other professional services which the Town may incur or
which may accrue or be imposed upon it by reason of any negligence, default, act and/or
omission on the part of the Contractor, any Subcontractor and Contractor's or subcontractor's
agents, servants and/or employees, in, about or on account of the construction of the work and
performance of said Contract by the Contractor.
This bond shall remain in full force and effect for such period or periods of time after the date of
acceptance of the project by the Town as are provided for in the Contract Documents, and the
Contractor hereby guarantees to repair or replace for the said periods all work performed and
materials and equipment furnished, which were not performed or furnished according to the
terms of the Contract Documents. If no specific periods of warranty are stated in the Contract
Documents for any particular item of work, material or equipment, the Contractor hereby
guarantees the same for a minimum period of one (1) year from the date of final acceptance by
the Town of the entire project.
Any suit on this bond must be instituted within such period or periods as may be provided by
law.
IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by
their appropriate officials on the 9th day of June 2016.
PRINCIPAL
WITNESSES: (If sole Proprietor or Partnership)
(Firm Name)
!,
Title: (Sole Proprietor or Partner)
PFB-2-
United States Fire Insurance Company
( a Copy ofAgent's
C �nt License as issued by
State of Florida Insurance -
Commissioner) Atto cy n -fact David T. Satin.
(Po r of Attorney must be attached)
(CORPORATE SEAL)
PFB-3-
PRINCIPAL (If Corporation)
Wilco Elect r' /dba Wilco Utility LLC
(Corp a Name `—
BY:
(President)
Attest: v R/c ',
��� O •
L �� �;
(Secreta '•.'�
(CORP O TE SEAL)
LV07
FLOHjDA
COUNTERSIGNED BY
%, ' cOn"PAS•.•'
RESIDENT FLORIDA.........
LORIDA.•••'
AGENT OF SURETY: David T. satin
SURETY "mill"``,`,``
United States Fire Insurance Company
( a Copy ofAgent's
C �nt License as issued by
State of Florida Insurance -
Commissioner) Atto cy n -fact David T. Satin.
(Po r of Attorney must be attached)
(CORPORATE SEAL)
PFB-3-
1k. %
PAYMENT BOND
(SECTION 255.05, FLA. STAT., AS AMENDED FROM TIME TO TIME)
TOWN OF GULF STREAM Bond #602-109427-5
PROJECT NO: 2015/16-50
PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
BY THIS BOND, we Wilco Electrical LLC /dba Wilco Utility LLC, as Principal, and
United States Fire Insurance Company as Surety, are
held and firmly bound to Town of Gulf Stream, as obligee, (hereinafter called the Town), in the
sum of $2.090 s97. os 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 Principal:
Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., as
amended from time to time, supplying principal with labor, materials, or supplies, used
directly or indirectly by Principal in the prosecution of the work provided for in the
contract; and
Pays the Town all losses, damages, expenses, costs, and attorney's fees, including
appellate proceedings, that the Town sustains in enforcement of this bond.
Performs the guarantee of all labor and materials furnished under the contract for the time
specified in the contract, then this bond is void, otherwise it remains in full force.
Any changes in or under the contract documents and compliance or noncompliance with
any formalities connected with the contract or the changes do not affect Surety's
obligation under this bond.
The provisions of Section 255.05, Fla. Stat., as amended from time to time, are
specifically adopted by reference and made a part hereof for the purposes specified
therein.
The contract dated Jimp Jim1 I 20_j& between the Town and Principal is
made a part of this Bond by reference.
Claimants are advised that Section 255.05, Fla. Stat., as amended from time to time,
contains notice and time limitation provisions which must be strictly complied with.
The provisions and limitations of section 255.05 Florida
Statutes, including but not limited to the notice and time
limitations in Sections 255.0512) and 255.05(10), are
incorporated in this bond by reference.
IN WITNESS WHEREOF, the above bounded parties executed this instrument under their
several seals, this gr -h day of ,Tune 20 16 A.D., the name and corporate
seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
WITNESS: (If sole Township or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
WITNESSES:
C TERSIGNED BY
SIDENT FLORIDA
AGENT OR SURETY
PRINCIPAL:
Wilco Electrical LLC /dba Wilco Utility LLC
Siet &ure of Authorized Officer
Cj
-�' S".SIL 1:C_
—2007
Title
__
FLORIDA
930 Business Parkway
i '• �'
BusinessAddreSS
'�.,� *"
Royal Palm Beach, FL. 33411
'���I ofiltt10%
City State
SURETY:
United States F' Insurance Company
Corporate Sur
(Affix
Att mein -Fact David T. satins Seal)
305 Madison Avenue
Business Address
Morristown New Jersey 07962
City State
Alter Surety Group Inc.
Name of Local Insurance Agency
POWER OFATTORNEY 21705
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY
KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the
state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint:
Warren Al. Alter, David T. Saline
each, its true and lawful Attomey(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver
Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire
Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected
officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand
Dollars (57,500,000).
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind
United States Fire Insurance Company except in the manner and to the extent therein stated.
This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attomeys-In-Fact named above and expires on January 1, 2017.
This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and
consistent with Article 111 thereof, which Articles provide, in pertinent part:
Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President,
any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation:
(a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments
and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings,
recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages,
releases, satisfactions and agency agreements;
(b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the
seal of the Corporation.
Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds,
guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance
issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of
Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile
signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be
authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein slated the
facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he
may have ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to he signed and attested by its appropriate officer and its
corporate seal hereunto affixed this 5th day of August, 2015.
Fprwsuq,_ UNITED STATES FIRE INSURANCE COMPANY
le` n1
State of New otewJersey) Anthony R. Slimowicz, Senior Vice President
w
County of Morris )
On this 5th day of August, 2015 before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to
me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of
United States Fire Insurance Company thereto by the authority of his office. �• D
SONIA SCALAE
NOTARY PUBLIC OF NEW JERSEY Sonia Scala
(Notary Public)
MY COMMISSION EXPIRES 3/25/1019
1, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the
foregoing is a full, true and correct copy is still in force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on
the day of , 20
,,..ww•• UNITED STATES FIRE INSURANCE COMPANY
pS,pE�NSU
:w s
-s; e
I�. �j
�r..wrs� Al Wriahl, Senior Vice President
CHAPTER, 2016-20
Committee Substitute for House Bill No. 273
An act relating to public records; amending s. 119.0701, F.S.; requiring a
public agency contract for services to include a statement providing the
contact information of the public agency's custodian of public records;
prescribing the form of the statement; revising required provisions in a
public agency contract for services regarding a contractor's compliance
with public records laws; requiring a public records request relating to
records for a public agency's contract for services to be made directly to the
public agency; requiring a contractor to provide requested records to the
public agency or allow inspection or copying of requested records under
specified circumstances; providing penalties; specifying circumstances
under which a court must award the reasonable costs of enforcement
against a contractor; specifying what constitutes sufficient notice;
providing that a contractor who takes certain actions is not liable for
the reasonable costs of enforcement; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 119.0701, Florida Statutes, is amended to read:
119.0701 Contracts; public records: request for contractor records: civil
action.—
(1) DEFINITIONS.—For purposes of this section, the term:
(a) "Contractor" means an individual, partnership, corporation, or
business entity that enters into a contract for services with a public agency
and is acting on behalf of the public agency as provided under s. 119.011(2).
(b) "Public agency" means a state, county, district, authority, or
municipal officer, or department, division, board, bureau, commission, or
other separate unit of government created or established by law.
(2) CONTRACT REQUIREMENTS.—In addition to other contract
requirements provided by law, each public agency contract for services
entered into or amended on or after July 1. 2016. must include;
(a) The following statement in substantially the following form, identi-
fvfna the contact information of the public agency's custodian of public
records in at least 14 -point boldfaced type:
11UMM MAKIIIA11MMMUs' op I• •1 �1_ �`
MAM-
OlLeRiN-A"Iy • ..• J11 �� C • . • i MI► • 1
1
CODING: Words stricken are deletions; words underlined are additions.
Ch. 2016-20 LAWS OF FLORIDA Ch. 2016-20
(b� A provision that requires the contractor to comply with public records
laws, specifically to:
1.W Keep and maintain public records that ordinarily and neeessarily
would-be required by the public agency iaarder to perform the service.
2.(b) Upon request from the public agency's custodian of public records
provide the public e c with a copy of the requested records or allow the
eeeess iepubke records to be inspected or copied within a reasonable time en
the same term—q aand es-fiffii4ens that the publie ageney would provide the
reeerds and at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
&(,e) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except
as authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the public agency.
4.(d4 Upon completion of the contract, Meet all requirements fer
retaining public reeerds ead transfer, at no cost, to the public agency all
public records in possession of the contractor or keep and maintain public
of contract the contractor shall
destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the contractor keels
shall meet all applicable requirements for retaining_ public records All
records stored electronically must be provided to the public agency. upon
request from the ublic am=3c s custodian of public records in a format that
is compatible with the information technology systems of the public agency.
(3) REQUEST FOR RECORDS: NONCOMPLIANCE —
2LX-B4 If a contractor does not comply with the a public agency's reeards
request for records, the public agency shall enforce the contract provisions in
accordance with the contract.
2
CODING: Words striehea are deletions; words underlined are additions.
Ch. 2016-20 LAWS OF FLORIDA Ch. 2016-20
contractor.
enforcement.
Section 2. This act shall take effect upon becoming a law.
Approved by the Governor March 8, 2016.
Filed in Office Secretary of State March 8, 2016.
Z2e -5`c> c— ---4,
<-�', ( I
3
CODING: Words strieken are deletions; words underlined are additions.
WILCO -m -
Electrical, LLC. 43
An ENERGIZING Company Rc
Location: Town of Gulf Stream, Florida
Request for Change order:
Electrical LLC dba Wilco Utility LLC lob Number
Business Park Way
Palm Beach, Florida 33411
olfview Road north to Town
Date 4/10/16
Page 1 OF 3..
Narrative Description of Required Change
REMOVAL OF WORK NOT REQUIRED PRIOR TO RECEIVING NOTICE TO PROCEED
1. Comcast service conduits included in the bid at locations not receiving new underground FPL service conduits are
hereby being removed from Contract. Locations to receive are as depicted on the FPL Conduit Installation
Supplemental Plans and Specifications drawings dated November 29,2015, and on the revised Comcast Conduit
Installation Plans and Specifications for Fiber Optics drawings dated April 1, 2016, which hereby replace the
Comcast Conduit Installation Plans and Specifications drawings dated April 15, 2015. This will include the
elimination of 97 comcast 1" service conduits not required.
2. AT&T service conduits included in the bid at locations are hereby being removed from Contract. The AT&T
requested conduits did not include any requirements for service conduits. Also, certain sections of 4" AT&T conduit
being installed are being reduced to 2" conduit as depicted on the revised plan drawings. Revised AT&T Conduit
Installation Plans and Specifications drawings dated April 1, 2016 hereby replace the AT&T Conduit Installation
Plans and Specifications Drawings dated April 15, 2015. This will include the elimination of 187 AT&T 1" service
conduits not required.
3. The furnishing and installation of Comcast splice boxes are hereby deleted and removed from this contract. The
furnishing and installation ofAT&T splice boxes are hereby reduced from 26 to 5 in this contract as depicted in the
revised AT&T Conduit Installation Plans and Specifications drawings dated April 1, 2016 .
Change Order Cost from Unit Breakdown Page 2
Change Order Cost from T&M Breakdown Page 3
Change Order Cost Total
Change Orden Impact
Submitted By�--
v
Name &Title:
Name &Title: Danny
Approved:
Name &Title:
$ (444,178.50)
$ (444,178.50)
0
President
Engineer
WILC&�-
Electrical, LLC.
An ENERGIZING Company
Request for Change Order
Job Number
Date
I Inif Pri,n Gk.Ad. of 11.6— f— rk- a n.A— 1AI-6
2015/16-50
2 OF
d
Item
Unit of
Unit Price
CO
Line Item Total
Measure
Quantity
1
Install 1-4" and 1-2" AT&T Conduits via Directional Bore
LF
$ 24.00
5981
$143,544.00
Complete. (includes all labor and materials, excludes
machine setup ) u19+u27
2
Install 2-4" AT&T/ Comcast Service Conduits via
LF
$ 33.00
(5981)
($197,373.00)
Directional Bore Complete. (includes all labor and
materials, excludes machine setup ) u19+u25
3
Install 1-2" AT&T/ Comcast Service Conduits via
LF
$ 15.00
0
$0.00
Directional Bore Complete. (includes all labor and
materials, excludes machine setup ) u20
4
Install 2-2" AT&T/ Comcast Service Conduits via
LF
$ 21.75
0
$0.00
Directional Bore Complete. (includes all labor and
materials, excludes machine setup ) u20+u27
5
Install 1-1" additional AT&T/ Comcast Service Conduits
LF
$ 3.00
10080
$30,240.00
on existing Directional Bore Complete. (includes all
labor and materials, excludes machine setup) u23+u48
6
Install 2-1" additional AT&T/ Comcast Service Conduits
LF
$ 12.00
(20944)
($251,328.00)
via Directional Bore Complete. (Includes all labor and
materials, excludes machine setup) u22
7
Directional Bore Machine Setup with Pits
EA
$ 150.00
(187)
($28,050.00)
(includes all pits and site restoration work)
8
Furnish and Install AT&T 36" Pull Box Complete
EA
$ 2,000.00
(21)
($42,000.00)
(includes all materials, site and conduit work) u7
9
Install 1-2" AT&T/ Comcast additional conduit on
LF
$ 6.75
(14698)
($99,211.50)
existing directional Bore . (includes labor and materials,
excludes machine setup ) u27+u47
10
11
$0.00
12
$0.00
13
$0.00
14
$0.00
15
Page 3 : T&M Costs Additions / (Reductions)
$0,00
Unit Price Cost Total
VI/�LCO� Request for Change Order 001
Electrical, LLC. Job Number 2015/16"50
An ENEEGIZWG company Date 04/10/16
Page 30P3
TML FM IICMCMT M oee�eee necnm�.n
ow. MATERIAL&INVOICE COSTS
REIMBURSIBLES
UNIT
PRICE
EXTENSION
UNIT EQUIPMENT COST
(Based upon Blue Book Rates)
UNIT EXT.
RATE
$
S0.00
$ -
$0.00
S
50.00
$
$0.00
S
So.00
$
$0.00
$
$0170
$
$0,30
S
50.00
S
$000
$
50.00
S
$000
$
sooo
$
S0.00
$
$
Relmbursibles Total
$ -
Eq.1pirtent Total
TOTALS
QTY Classification Reg
Rate
OT
Rate
Reg OT
Hours Hours
Total Une labor Cort
SUMMARY
Uneman
$OAo
TOTAL REIMBURSIBLES
$0.00
Supt
Saw
SALES TAX
$0.00
Fojea ringl.eer
50.00
MARK-UP 15%
Operator
$0.00
orulleMeuRsss msr
SOHO
Driver
Laborer
50.00
$000
TOTAL REG -LABOR
SOLOO
Equipment Transport Dover
Electrician
$0.00
SOHO
TOTAL O.T. LABOR
$0.00
50.00
SD.DO
EQUIPMENTCOST
$0.00
Total labor
SO X)
so 00
QTY PER DIEM Daily gate
Days
Total Per Diem
$0.00
PERMIT TEES
OTHER COSTS
TOTALS
BASE COST
PAGETOTAL
$0.00
50,00
P
�� ���
����'� � i
�72ef�2.
i
EXHIBIT 11
AGREEMENT
TOWN OF GULF STREAM
PROJECT NO: 2015/16-50
PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
This Agreement made and entered into this _ day of 2016 by and between the
Town of Gulf Stream, Florida, a municipal corporation in Palm Beach County, Florida, party of
the first part, hereinafter called the Town, and Wilco Electrical LLC /dba Wilco Utility LLC,
party of the second part, hereinafter called the Contractor, and duly authorized to do business in
the State of Florida and in Palm Beach County, Florida and in the Town of Gulf Stream.
WITNESSETH, that the Contractor and the Town, for the consideration hereinafter named, agree
as follows:
Article I - SCOPE OF WORK
The Contractor hereby agrees to furnish all the materials, equipment, and labor necessary to
perform in a good, firm, substantial, workmanlike manner, in accordance with the Invitation to
Bid and the Contractor's Proposal, all the work, as defined in the Contract including the
Additive Alternate Bid Number 1 as shown in the Work Plan and described in the specifications
for the project entitled:
TOWN OF GULF STREAM, FLORIDA
PROJECT NO. 2015/16-50
PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
For the completion of all work set forth in the contract documents, which are: Invitation to Bid,
Instruction to Bidders, Proposal, Bid Guaranty, Agreement, Performance Bond, Payment Bond,
Insurance Requirements, Standard Terms and Conditions, General Conditions, Exhibits, and
Construction Details and Specifications dated _12/30/2015_for the Tota! Bid Less Adjustments
provided in the Attached Change Order Number I amount of: Two Million Eight Hundred
Ninety Thousand Five Hundred Ninety -Seven and Five Hundredths Dollars, ($2,890,597.05)
(to the Contractor by the Town, all in accordance with the requirements and provisions of the
Contract Documents.
ARTICLE lI - TIME OF COMPLETION
The Work to be performed under this Contract shall commence on the date of Notice to Proceed.
The Work shall be Substantially Complete no later than 8 months after Notice to Proceed is
given and all Work completed no later than 30 calendar days after Substantial Completion, with
such extensions of time as are provided for in the General Conditions.
If said Work is not completed within the time stated above, the Contractor shall be liable, and
hereby agrees to pay to the Town as liquidated damages and for the extra Engineering and
Administrative expenses incurred, and not as a penalty, for the amount stated in Section 33 of the
CD-t-
TGS Con aFP Doc PH2 1.31 -2016 -Agreement and Bond Forms 5/17/2016
Bid Documents per calendar day for each and every day or part of a day thereafter that said Wrk
remains substantially or fully incomplete.
ARTICLE III - PAYMENT
(A) Progress Payments.
1. On not later than the fifteenth day of every month the Contractor shall prepare and submit a
detailed estimate and payment requisition on a standard EJCDC form addressed to the Project's
Engineer, with copies to Rita Taylor (Town Clerk), covering the percentage of the total amount
of the Contract which has been completed based upon the sum of the Value of Completed Work
from the start of the job up to and including the last day of the preceding billing period (amount
previously paid), together with such supporting evidence as may required by the Town
and/or Contractor. Partial Release(s) of Lien and Subcontractor Utilization Report shall be
submitted with each payment requisition to verify payment(s) to subcontractors and material
suppliers. The Town shall retain 10% of the value of each invoice issued for the Project (the
"Retainage").
2. Within 30 days after receipt and appr val of Contractors invoic� the Town shall pay to the
Contractor ninety percent (90%) of the ount invoiced based upo the Value of Completed
Work Units that have been accepted and ' voice as approved by th Engineer, less the aggregate
of previous payments. It is agreed that th Engineer shall have the right to finally determine the
amount currently due to the Contractor.
3. To support timely and appropriate progress payments against the base bid, Contractor hereby
agrees to the allocation of the Lump Sum Bid Price according to the following schedule of values
for the respective components of the Work as a percentage of the lump sum bid amounts:
A. Installation of FPL conduits ......................:
B. Installation of FPL concrete pads / handholes..:
B. Installation of FPL padmounted transformer
stations, switches, and capacitors ..................: %
C. Installation of FPL primary & secondary cable.,:
%
D. Installation of communications conduits/ boxes..:
%
E. Conversion of Overhead Electric Services ........:
%
(Total for Base Bid items A through E to Equal 100% )
F. Installation of Street Lighting conduit ............:
%
G. Installation of Street Lighting wire handholes...:
%
H. Installation of Street Lighting poles & fixtures...:
%
(Total for Alternate Bid Item #1 items F through H to equal 100%)
CD-2-
TQS Can RFP Doc PH2 1-31-2016-Agmnmmt and Bond Fotms
5/172016
12 t t
PLEASE NOTE: S mittaIs of estimates and invo- es for payment must be directed to the
Project's Enginee o that they may be process or recommendation and approval. The Town
(� avill not be responsible for any delay in ipayment sekedule if the
Contractor submits his estimate and invoice to
Partial payments ' be made based on completion of units as
indicated on the prints for items A, C, and D. P 'al payments for items B and E shall be paid
for each item completed as a percentage of the t al number of items in the respective category.
If included, partial payments for street lighting all be paid in a like manner relative to units of
4tc�o�tpleted, units of conduit completed, nu ber of fixtures completed. ICOR/W
aAI< I�
(B) Final Payment is .�% afl Ltionandteptance,
75 )J, Ji ref "fie
1. Upon r pt of written notice that the Wrk is ready £or final inspe the
P-j�ez Engine shall within fifteen (15) calendar days make such inspectio the
wor cceptable under the Contrac5 at1ance
ntract ly performedi and le to the
res ve utilities, fly isfinal c 'ficate over his own signature, sta In
the ork required b this Contract has complete and is accepted b6y hi ,�ndPr the to 60�t�yc
end eetiien°'eK
and the entire f in
the js
Retainage, shall be aid to the Contray the Town wt 'n seventy (70) calendar days after
the date of said Fi I Certificate.,i f bra 5 6 t civ
'Praj c.c
2. Before final pa ent is dueethe Contractor shall submit evidence satisfactory to thAngineer
that all utility acce tance has been secured, and that all payrolls, materials bills, and other
indebtedness conn ted with the Work have been paid, except that in case of disputed
indebtedness or lie s the Contractor may submit in lieu of evidence of payment a surety or
Performance Bond atisfactory to the To guaranteeing payment of all such disputed amounts
when adjudicated i cases where such pa ant has not already been guaranteed by Surety or
Performance bond A#d.f.Ae-r
3. If, after the k has been substantially completed, full completion thereof is materially
delayed through n fault of the contractor, and the Engineer so certifies, the Town shall, upon
receipt of the certi Icate of the Engineer, and without terminating the contract, make payment of
the balance due f that portion of the Work fully completed and accepted. Such payment shall
be made under th terms and conditions governing final payment, except that it shall not
constitute a waiv r.
5. The Contrac r must have satisfied the conditions of Section 32 of the Bid Documents.
14�1/u SuG� we �f//i'J/i✓/f �id.J 7/t I
CA,15 )' Ai e l= r SA (�
CD-3-
TGS Con RFP Doc PH2 1-31-2016-Agnxment and Bond Fomes 5/17!1016
*4,�3 ) A
PERFORMANCE BOND
(This Bond meets and exceeds the requirements of
Florida Statutes Section 255.05, as amended from time to time)
TOWN OF GULF STREAM
PROJECT NO: 2015/16-50
PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
STATE OF FLORIDA y )
COUNTY OF ,� P )
KNOW ALL MENY THESE PRE NTS that we, Wilco Electrical LLC /dba Wilco Utility
LLC, as Principal, he inafter called a Contractor, and as
Surety, are held and fi ly bound unto own of Gulf Stream, as obligee, (hereinafter called the
"Town"), in the Penal of Two Million Eight Hundred Ninety Thousand Five Hundred
Ninety -Seven and Five undredths Dollars, ($ 2,890,597.05) for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents.Said amount representing the initial
bid amounts and the reductions provided in the attached negotiated Change Order Number 1.
WHEREAS, the Contractor, on the day of 20 entered
into a certai4pntract with the Town, hereto attached, for Sealed Bid No. 2015/1,6-0 . Entitled
Project No. 2015/16-50, PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
including ALTERNATE BID ITEM NUMBER 1: TOWN STREET LIGHTING
IMPROVEMENTS, which Contract is made a part hereof by reference thereto.
;+,5 A MI(
NOW THEREFORE, THE CONDITION OF THIS O LIGATION IS SUCH, that if the
Contractor shall well and truly perform and fulfill alla undertakings, covenants, terms,
conditions and agreements of said Contract, and all d ly authorized modifications of said
Contract that may hereafter be made, notice of which odifications to the Surety being hereby
waived, then this obligation shall be void; otherwise remain in full force and effect.
WHENEVER the Principal is declared by the Town to be in default under the Contract, or
whenever the Contract has been terminated by default of the Contractor, the Town having
performed the Town's obligations there under, the Surety shall:
Be /espews:Ak- fd/
1. ( Xompletelhe Contract in accordance with its terms and conditions mat,
2. )7ibtaior Bids for submission to the Town for completing the
C tract in accorn a daBid nce with }'ts terms and conditions. a
i
S14fe I —5h PFB-1-
jhe Town and the Surety df the lowest responsible Bidder. Lange for a Contract
between such Bidder and the Town, and make available as work progresses (even
though there should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds to pay the
cost of completio less the balance of the Contract price; but- t exceeding-,
$elndhzg co is and damages for which the Surety may be liable hereunder, °
1 N� the amount set fo h in the first paragraph hereof. The term "balance of the
Contract price" as used in this paragraph, shall mean the total amount payable by
the Town to the 'DJ
under the Contract and any amendments thereto, less
the amount prop ly paid by the Town to the Contractor.
Of +k, C01Jh-Acf
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the Town named herein or the successors or assignees thereof.
L its
The Surety shall and does hereby agree to indemnify the Town and hold it harmless of, from and
against any and all liability, loss, cost, damage or expense, including reasonable attorneys' fees,
engineering and architectural fees or other professional services which the Town may incur or
which may accrue or be imposed upon it by reason of any negligence, default, act and/or
omission on the part of the Contractor, any Subcontractor and Contractor's or subcontractor's
agents, servants and/or employees, in, about or on account of the construction of the work and
performance of said Contract by the Contractor
This bond shall remain in full force and gffect for such period or periods of time after the date of
acceptance of the project by the Townes are provided for in the Contract Documents, and the
Contractor hereby guarantees to repair or replace for the said periods all work performed and
materials and equipment furnished, which were not performed or furnished according to the
terms of the Contract Documents. If no specific periods of warranty are stated in the Contract
Documents for any particular item of work, material or equipment, the Contractor hereby
guarantees the same for a minimum period of one (1) year from the date of final acceptance by
the Town of the entire project.
Any suit on this bond must be instituted within such period or periods as may be provided by
law.
IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by
their appropriate officials on the day of 120.
PRINCIPAL
WITNESSES: (If sole Proprietor or Partnership)
(Firm Name)
M
Title: (Sole Proprietor or Partner)
PFB-2-
EXHIBIT 13
PAYMENT BOND
(SECTION 255.05, FLA. STAT., AS AMENDED FROM TIME TO TIME)
TOWN OF GULF STREAM
PROJECT NO: 2015/16-50
PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
BY THIS BOND, we Wilco Electrical LLC /dba Wilco Utility LLC, as Principal, and
+W as Surety, are
held and firmly bound tq�Town of Gulf Stream, as obli ee, (here after called the Town), in the
II'' P a ac!✓c5
sum of $ for payment of which we bind 6utw ves, our heirs, personal
representatives, successors and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payments to all claimanA as defined in Section 255.05 (1), Fla. Stat., as
amended from time to time, supplyingnncipal with labor, aterials, or supplies, used
irectly or indirectly by Principal in the prosecution of theWrk provided for in the
c ntract and
ff5
Pays the Town all losses, damages, expenses, c ts, and attorney's fees, including
appellate proceedings, that the Town sustains i nforcement of this bond.
Performs the guarantee of all labor and materials furnished der thel—cic ntract for the time
specified in th 'o ntract, then this bond ip void, othertw�ise it emainj in full forcer��,v,( e(4+
Any changes in or under th6ntra t�cuments and compliance or noncompliance with
any formalities connected with the ontract or the changesnot affect Surety's
obligation under this bond. �s� k 8
The provisions of Section 255.05, Fla. Stat., as amended from time to time, are
specifically adopted by reference and made a part hereof for the purposes specified
therein.
Th contract dated 20. between the Town and Principal is
made a part of this Bond by reference.
Claimants are advised that Section 255.05, Fla. Stat., as amended from time to time,
contains notice and time limitation provisions which must be strictly complied with.
PYB-I-
AFFIDAVIT
TOWN OF GULF STREAM
PROJECT NO: 2015/16-50
PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
STATE OF FLORIDA )
COUNTY OF PALM BEACH
Before me the undersigned authority, authorized to administer oaths and take acknowledgements,
personally appeared
who, after being fust and duly sworn, upon oath disposes and says that all lienors contracting directly
with or directly employed by (him, them, it) and all bills, wages, fees, claims or other charges incurred by
in connection with the construction of PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
and ALTERNATE BID ITEM No.l: TOWN STREET LIGHTING IMPROVEMENTS
have been paid in full.
SIGNED:
WITNESS:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of 20_ by
who is personally known to me or who has
as identification and who did (did not) take an oath.
Notary (Print & Sign Name)
Commission No.
AF -1-
EXHIBIT 16
CERTIFICATION OF CORRECT PREPARATION
TOWN OF GULF STREAM
PROJECT NO: 2015/16-50
PHASE TWO UTILITY UNDERGROUNDING INITIATIVE
Bidder's Name:
The undersigned agree(s) to perform all work, as provided for in the Contract Documents, and to execute
the Contract by The undersigned further agrees to furnish a sufficiently
satisfactory Performance and Payment Bond in the sum of not less than one hundred percent (100%) of
the Contract Price of the Work as indicated by the approximate quantities shown here, bg
A Bid Guaranty in the amount of at least five percent (5%) of the Total Bid Price xm6tl accompany each
Bid. The Bid Guaranty shall be payable to the Town. The Bid Guaranty is to be forfeited as liquidated
damages if, in case this Bid is accepted, the undersigned shall fail to execute the attached Contract under
the conditions of this Bid; otherwise, said Bid Guaranty" be returned to the undersigned upon the
delivery of a satisfactory Performance and Payment Bonids4 q It
I (We), the undersigned, hereby acknowledge that submission of the Bid constitutes an incontrove blq
representation by the undersigned that without exception the Bid was premised upon performing th4e 4fork
required by the Contract documents and such means, methods, techniques, sequences, or procedures of
construction as may be indicated in or required by the Contract documents are sufficient in sco e Vd
detail to indicate and covey an understanding of all terms and conditions for performance of theirk.
c4`no
The undersigned also acknowledges that thee dersigned eri}1 not be entitled to any additional
compensation or time extensions based upon leged differing conditions that should have been
reasonably anticipated by the undersigned.
Town officials and employees are prohibited from soliciting and accepting funds or gifts from any person
who has, maintains, or seeks business relations with Town.
I (We), the undersigned, hereby certify that I (we) have carefully examined this Bid after the same was
completed, and have verified each item placed thereon; and I (we) agree to indemnify, defend, and hold
harmless Town against any cost, damage, or expense which it may incur or be caused by any error in my
(our) preparation of same.
[signature page follows]
CCP -I-