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<br />proven ability to satisfactorily perform public works <br />services and landscape maintenance services, to <br />maintain a comparable complex and sophisticated <br />irrigation system, maintain Bermuda turf and <br />complex landscaping to City standards; and alternate <br />and unit prices if requested by the Bid Forms. If the <br />Contract is awarded, the City will issue the Notice of <br />Award and give the successful Proposers a Contract <br />for execution within ninety (90) days after opening of <br />Proposals. The City specifically reserves the right to <br />award the contract to a proposers who is not <br />necessarily the lowest dollars and cents proposers on <br />the basis of the results of these queries and <br />investigation(s). <br /> <br />1.34 Execution of Agreement: <br />At least four counterparts of the Agreement the <br />Performance Bond, the Certificates of Insurance and <br />such other Documents as required by the Contract <br />Documents shall be executed and delivered by <br />Contractor to the City within ten (10) calendar days <br />of receipt of the Notice of Award. <br /> <br />1.35 Forfeiture of Proposal Security, Performance <br />Bond: Within ten (10) calendar days of being <br />notified of the award, Contractor shall furnish an <br />executed agreement and attach a Performance Bond <br />(containing all the provisions of the Performance Bond <br />herein). The Performance Bond shall be in the <br />amount of one hundred percent (100%) of the <br />Contract Price guaranteeing to City the completion <br />and performance of the Work covered in such <br />Contract as well as full payment of all suppliers, <br />material man, laborers, or Sub-Contractors employed <br />pursuant to this Project. Each Bond shall be with a <br />Surety company meeting the qualifications of this <br />document. Each Bond shall continue in effect for one <br />and one half years after final completion and <br />acceptance of the Work with the liability equal to one <br />hundred percent (100%) of the Contract Sum. The <br />Performance Bond shall be conditioned that <br />Contractor will, upon notification by City, correct any <br />defective or faulty Work or materials which appear <br />within one and one half years after final completion of <br />the Contract. Pursuant to the requirements of Section <br />255.05(1), Florida Statutes, Contractor shall ensure <br />that the Bond(s) referenced above shall be recorded <br />in the public records of Miami-Dade County and <br />provide City with evidence of such recording. <br /> <br />1.35.1 Each Bond must be executed by a surety company <br />authorized to do business in the State of Florida as a <br />surety, having a resident agent in the State of Florida <br />and having been in business with a record of <br />successful continuous operation for at least five (5) <br />years. <br /> <br />1.35.2 The surety company shall hold a current certificate of <br />authority as acceptable surety on federal bonds in <br />accordance with the United States Department of <br />Treasury Circular 570, current Revisions. <br /> <br />1.35.3 The City will accept a surety bond from a company <br />with a rating B+ or better. <br /> <br />1.35.4 Failure of the successful Proposers to execute and <br />deliver the Agreement and deliver the required bonds <br /> <br />PAGE 9 OF 105 <br />PROPOSAL No. <br /> <br />1.36 <br /> <br />1.37 <br /> <br />1.38 <br /> <br />1.39 <br /> <br />1.40 <br /> <br />1.41 <br /> <br />and Insurance Certificates as stipulated in paragraph <br />4.3 shall be cause for the City to annul the Notice of <br />Award and declare the Proposal and any security <br />therefore forfeited. <br /> <br />Contractor's Pre-Start Representation: <br />Contractor represents that they have familiarized <br />themselves with, and assumes full responsibility for <br />having familiarized themselves with the nature and <br />extent of the Contract Documents, Work, locality, and <br />with all local conditions and federal, State and local <br />laws, ordinances, rules and regulations that may in <br />any manner affect performance of the Work, and <br />represents that they have correlated their study and <br />observations with the requirements of the Contract <br />Documents. Contractor also represents that they <br />have studied all surveys and investigations reports of <br />subsurface and latent physical conditions referred to <br />in the specifications and made such additional surveys <br />and investigations as they deem necessary for the <br />performance of the Work in the Contract Documents <br />and that they have correlated the results of all such <br />data with the requirements of the Contract <br />Documents. <br /> <br />Commencement of Contract Time: <br />The Contract Time will commence to run on the date <br />stated in the Notice to Proceed. <br /> <br />Starting the Project: Contractor shall start to <br />perform their obligations under the Contract <br />Documents on the date when the Contract Time <br />commences to run. No Work shall be done at the site <br />prior to the date on which the Contract Time <br />commences to run, except with the written consent of <br />the City. <br /> <br />Before Starting Contract: Before undertaking <br />each part of the Work, Contractor shall carefully study <br />and compare the Contract Documents and check and <br />verify pertinent figures shown thereon and all <br />applicable field measurements. They shall at once <br />report in writing to City any conflict, error, or <br />discrepancy which they may discover; however, they <br />shall not be liable to City for their failure to discover <br />any conflict, error, or discrepancy in the <br />Specifications. <br /> <br />Pre-Start Meeting: <br />Within five (5) days after delivery of the executed <br />Agreement by City to Contractor, but before starting <br />the Work at the site, a Pre-Start conference will be <br />held to review the above schedules, and for <br />processing Statement of Services, and to establish a <br />working understanding between the parties as to the <br />Project. Present at the conference will be the City <br />representative and the Contractor. <br /> <br />Correlation, Interpretation, and Intent of <br />Contract Documents: It is the intent of the <br />Specifications to describe a complete Project to be <br />delivered in accordance with the Contract Documents. <br />The Contract Documents comprise the entire <br />Agreement between the City and the Contractor. <br />They may be altered only by a Modification. The <br />Contract Documents are complementary; what is <br />called for by one is as binding as if called for by all. <br />