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HomeMy WebLinkAboutSpecificationsn CITY OF SUNNY ISLES BEACH LANDSCAPE IMPROVEMENTS S. R. A -1 A (COLLINS A VENUE) Bid No.: 02 -03 -01 f�k r- L0 March 15, 2002 Prepared by. O'LEARY DESIGN ASSOCIATES, P.A. Landscape Architects /Land Planners 8525 S.W. 92nd Street, Suite C -11 Miami, Florida 33156 SECTION 00010 TABLE OF CONTENTS SECTION 00010 TABLE OF CONTENTS Division 00000 Table of Contents Section 00010 List Of Drawings Section 00015 Advertisement for Bids Section 00100 Instructions to Bidders Section 00210 Bid Form Section 00410 Award Preference For Tied Bids Section 00420 Bid Bond Section 00432 List Of Proposed Subcontractors Section 00434 BIDDER Qualification Statement Section 00450 Non - Collusion Affidavit Section 00454 Sworn Statement Florida Statutes On Public Entity Crimes Section 00456 Notice Of Award Section 00510 Agreement Section 00526 Notice To Proceed Section 00550 Form Of Payment Bond Section 00612 Form Of Performance Bond Section 00614 Acknowledgment Of Conformance With OSHA Standards Section 00620 General Conditions Section 00710 Supplementary Conditions Section 00810 Division 01000 General Requirements Summary Of Work Section 01110 Special Coordination Section 01146 Processing of Application For Payment Section 01290 Construction Scheduling Section 01325 Shop Drawings Section 01336 Standard Specifications and Details Section 01412 Regulatory Requirements Section 01414 Abbreviations Section 01422 References and Standards Section 01424 Quality Control - Unfavorable Conditions Section 01450 Material Testing Section 01452 Temporary Facilities Section 01500 Traffic Control Section 01550 Temporary Tree and Plant Protection Section 01565 Facility Testing Section 01660 Close Out Documents Section 01700 Division 02000 Site Work Technical Specifications Rights of Way Preparation Section 02222 Excavation, Backfilling and Compacting for Paving Section 02319 Stabilized Subgrade Section 02722 Limerock Base Section 02725 Portland Cement Concrete Curb and Gutter Section 02774 Reinforced and Non - Reinforced Concrete Flat Work Section 02775 Concrete Unit Pavers Section 02784 Irrigation Systems Section 02810 Planting Section 02900 Existing Tree Relocation Section 02910 00010-1 Division 03000 Concrete Technical Specifications Not Included Division 04000 Masonry Technical Specifications Not Included Division 05000 Metals Technical Specifications Not Included Division 06000 Woods and Plastics Technical Specification Not Included Division 07000 Thermal and Moisture protection Technical Specifications Not Included Division 08000 Doors and Windows Technical Specification Not Included Division 09000 Finishes Technical Specifications Not Included Division 10000 Specialties Technical Specifications Not Included Division 11000 Equipment Technical Specifications Not Included Division 12000 Furnishings Technical Specifications Not Included Division 13000 Special Construction Technical Specifications Not Included Division 14000 Conveying Systems Technical Specifications Not Included Division 15000 Mechanical Technical Specifications Not Included Division 16000 Electrical Technical Specifications Not Included END OF SECTION 00010-2 SECTION 00015 LIST OF DRAWINGS SECTION 00015 LIST OF DRAWINGS Drawings Incorporated into the Project are as follows: DRAWING TITLE SHEET NUMBER Title Sheet Landscape Plans L -1 to L -34 Landscape Details and Notes L -35 END OF SECTION 00015-1 SECTION 00100 ADVERTISEMENT TO BID NOTICE REQUEST FOR PROPOSALS CITY OF SUNNY ISLES BEACH REQUEST FOR PROPOSALS NO. 02 -03 -01 LANDSCAPE IMPROVEMENTS S.R. A -1 -A (COLLINS AVENUE) Notice is hereby given that the City of Sunny Isles Beach is requesting proposals for Landscape Improvements S.R. A -1 -A (Collins Avenue). The work includes, but may not be limited to, the furnishing of all labor, materials, tools, equipment, machinery and services for the purposes of this bid, shall include landscaping and irrigation improvements including concrete unit pavers. A mandatory pre -bid tour will take place on Tuesday, March 26, 2002 starting at 10:00 a.m. Step off location is at Sunny Isles Beach City Hall, 17070 Collins Avenue, Suite #250, Sunny Isles Beach, Florida, 33160. Please call (305) 947 -0606 for further information regarding the tour and to request a copy of the Bid Specifications, contact the Office of the City Clerk. Sealed Bids will be received at City Hall, City of Sunny Isles Beach, 17070 Collins Avenue, Suite #250, Sunny Isles Beach, Florida, 33160, until 11:00 A.M., Monday, April 15, 2002, at which time they will be publicly opened and read in the City Hall Commission Chambers. The envelope containing the sealed bid must be clearly marked "IMPORTANT -BID ENCLOSED FOR LANDSCAPE IMPROVEMENTS S.R. A -1 -A (COLLINS AVENUE) KP No. 02 -03 -011 ". Each proposer must submit one original and five (5) copies of the complete proposal package. Faxed or e- mailed bids will not be accepted. Bids will not be accepted after *11:00 A.M. on April 15, 2002 under any circumstances. Proposals, once received, become the property of the City, cannot be withdrawn, unless withdrawal is based on the reasons set forth in the City's procurement ordinance, and will not be returned to the proposers. The City of Sunny Isles Beach reserves the right to accept or reject any or all bids, to waive any informality, irregularity or technicality in any bid, to readvertise for bids, or take any other such actions that may be deemed to be in the best interests of the City. At the discretion of the City, firms submitting proposals may be requested to make oral presentation as part of the evaluation process. If any addenda are issued to the RFP, a good faith attempt will be made to furnish a copy of such addenda to each of the persons or firms who, according to the records of the City, previously received a copy of this RFP. However, prior to submitting the proposal, it shall be the sole responsibility of each proposer to contact the City to determine if addenda were issued and, if so, to obtain such addenda. Please contact the Office of the City Clerk at (305) 947 -0606 or e -mail to rbrown a,the- beach.net to request a copy of the RFP package and any addenda. Christopher Russo City Manager SECTION 00200 INSTRUCTIONS TO BIDDER SECTION 00210 INSTRUCTIONS TO BIDDERS This is not an order IT IS THE RESPONSIBILITY OF THE BIDDER TO ENSURE THAT THE BID REACHES THE OFFICE OF THE CITY MANAGER ON OR BEFORE THE CLOSING HOUR AND DATE SHOWN ON THE PUBLIC NOTICE TO BIDDERS FORM. 1.1 PURPOSE OF BID: The City of Sunny Isles Beach intends to secure a source of supply (s) and labor at the lowest responsive and responsible price. The City reserves the right to award the bid considered to best serve the City's interests. 1.2 BIDDER WARRANTY: Bidder warrants that the prices, terms and conditions quoted in the bid will be firm for a period of 365 days from the date of the bid opening unless otherwise stated by the bidder. Incomplete, unresponsive, irresponsible, vague, and ambiguous responses to the invitations to bid will be cause for rejection, as determined by the City. 1.3 CONVICTED VENDOR: Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.107, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list ". 1.4 CLARIFICATIONS: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the City Manager, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, FL, 33160. Fax (305) 949 -3113. The bids title /number shall be referenced on all correspondence. All questions must be received no later than fifteen (7) calendar days prior to the scheduled bid opening date. All responses to questions /clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER THE DEADLINE. The City of Sunny Isles Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Sunny Isles Beach, or waive any informality in any proposal or bid. The City of Sunny Isles Beach may reject any and all proposals or bids. 1.5 TAXES: Bidder should not include taxes in prices bid. The City is exempt from Florida sales tax on direct purchases of tangible property. 00210-1 GENERAL CONDITIONS, INSTRUCTIONS TO THE BIDDERS 21: SUBMISSION OF BIDS 2.1.1: BID FORMS: Bidders must use the bid form(s) furnished by the City. Failure to do so may cause the bid to be rejected. Removal or replacement of any of the bid proposal documents may invalidate the bid. 2.1.2: Proposals having an erasure or corrections must be initialed by the bidder in ink. Bids shall be signed in ink; all quotations shall be typewritten or filled in with ink. No submissions in pencil will be accepted. 2.2: MISTAKE: If there is a discrepancy in the unit and extended prices, the unit prices(s) will prevail and the extensions adjusted to coincide. Bidders are responsible for checking their calculations. Failure to do so will be at the bidder's risk, and errors will not release the bidder from his responsibility as noted herein. 2.3: GUARANTIES: No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract or award. These quantities are for bidding purposes only and will be used for tabulation and presentation of the bid. The City reserves the right to reasonably increase or decrease quantities as required. 2.4: DELIVERY: All items shall be delivered F.O.B. destination (I.E. at a specific City of Sunny Isles Beach address), and delivery costs and charges (if any) will be included in the bid price, 00210-2 INVITATION TO BID 3.1: PRICING: Prices should be stated in units of quantity specified in the bidding specifications. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. 3.2: SAFETY STANDARDS: The bidder warrants that the product (s) supplied to the City conforms in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Bids must be accompanied by materials data safety sheets (M. S.D. S.) when applicable. 3.3: MATERIAL: Acceptance of the material(s) delivered under this proposal shall remain the property of the seller until accepted to the satisfaction of the City. In the event materials supplied to city are found to be defective or do not conform to specifications, the City reserves the right to return the product (s) to the seller at the sellers expense, including delivery costs. 3.4: BRAND NAMES: If a brand name, make, of any "or equal" manufacturer trade name, trade name, or vendor catalog is mentioned whether or not followed by the words "approved equal" it is for the purpose of establishing a grade or quality of material only. Vendor may offer equals with appropriate identification, samples and/or specifications on such item(s). The city shall be the sole judge concerning the merits of items bid as equals, and reserves the right to reject any "or equal" product if it does not strictly adhere to project specifications. 3.4.2: Provision of any written indication of intent to quote an alternative brand or model number, or designation of objective of the bid will be considered as a quotation in complete compliance with the specifications as listed, at the discretion of the City, which would best serve the City's interest. 3.5: PAYMENTS: Payment will be made after commodities /services have been received, accepted, and properly invoiced as indicated in the contract and /or purchase order. Invoices must bear the purchase order number. Contractor shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 3.6: ADDITIONAL SERVICES: If the need for additional work or changes is identified by Contractor during the course of performing its obligations hereunder, Contractor shall set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order ") and submit such Supplemental Work Order for approval by the City. No such additional work shall be done or paid for without the specific prior written approval of the City. 00210-3 R VITATION TO BID 4.1: LIABILITY, INSURANCE, LICENSES & PERMITS: Where bidders are required to enter onto City of Sunny Isles Beach property to deliver materials or to perform work or services as a result of a bid award, the bidder will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or his agent) or any person or subcontractor the bidder has designated in the completion of his contract as a result of the bid. Contractor shall be required to furnish a certified copy of all licenses, certificates of competency or other licensure requirements necessary to practice his profession as required by Florida State Statute, South Florida Building Code, Dade County, or City of Sunny Isles Beach Code. Contractors must include current Dade County certificates of competency. These documents shall be furnished to the City along with the bid resaonse. Failure to furnish these documents or to have required licensure will be grounds for rejecting the bid and forfeiture of the bid bond. 4.1.2: The vendor shall furnish to the City Manager, City of Sunny Isles Beach, 17070 Collins Avenue, Suite #250, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which indicate that insurance coverage has been obtained by an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any contract(s) or award(s) document(s) which meets the requirements as outlined below: Workers compensation insurance for all employees of the vendor as required by Florida Statute 440 as amended. In addition, Comprehensive, General liability insurance (GCL) including broad form contractual liability coverage for bodily injury and property damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence, is required. The GCL policies must include premises /operations, products /completed operations, broad form contractual and independent contractors coverages. The City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior to written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 00210-4 INVITATION TO BID ADDITIONAL INSURED: CITY OF SUNNY ISLES BEACH 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 33160 5.1: Comprehensive automobile liability insurance covering all owned, non - owned, rented, hired or borrowed vehicles used in connection with the award, in an amount not less that $1,000,000.00 combined single limit per occurrence for bodily injury and property damage. The City of Sunny Isles Beach shall be named as additional insured. 5.1.2: All insurance shall be issued by companies rated A:7 or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. It shall be the responsibility of the vendor and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the vendor, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be submitted to the City Insurance Manager within 30 days prior to cancellation of such policies. This requirement shall be reflected on the Certificate of Insurance. 5.1.3: Failure to fully and satisfactorily comply with the City's insurance and bonding requirements set forth herein will authorize the City Manager to implement a rescission of the bid award within thirty (30) days of awarding without further City Commission action. The bidder hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. 5.1.4: COPYRIGHTS AND /OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling of goods shipped or ordered, as a result of this bid. The seller agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation. 5.1.5: UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30) days written notice to contractor. Upon termination, the City may re -bid the project if the contractor fails to perform under this Agreement due to the undisclosed conditions. 00210-5 INVITATION TO BID 6.1 AWARD OF BIDS: The City of Sunny Isles Beach reserves the right to accept or reject any and /or all bids or parts of bids, to waive any informality, irregularities or technicalities, to re- advertise for bids, or take any other actions that may be deemed to be in the best interests of the City. The City also reserves the right to award the contract on a split order basis, group by group, or item by item, or such combination as will best serve the interests of the City, unless otherwise stated. The City also reserves the right to waive minor variations to the specifications (interpretation of such to be made by the applicable department personnel). Final determination and award of bid(s) shall be made by the City Manager. All contracts shall be awarded by the City Manager, as stated above, to the lowest responsible and responsive bidder, as defined in City Ordinance 2000 -101. In addition to price, there shall be considered the following: (1) the capacity, ability and skill of the provider to perform the contract; (2) whether the provider can perform the contract within the time specified without delay or interference; (3) the character, integrity, reputation, judgement, experience and efficiency of the provider; (4) professional licensure required when service of a skilled nature as required by law to perform such service and /or skill; (5) the quality of performance of previous contracts; (6) experience in work of this type within FDOT rights -of -way; (7) the previous and existing compliance by the provider with laws and ordinances relating to the contract; (8) experience in the installation and retrofitting of `Wethose' irrigation systems; (9) the City Manager may, by Administrative Order, establish a set of criteria of a numerical nature that may be utilized in awarding contracts hereunder. (10) 6.1.2: EVALUATION OF BIDS: The City, at it's discretion, reserves the right to inspect any /all bidders facilities to determine their capability of meeting the requirements for the contract. Also, price, responsibility and responsiveness of the bidder, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of State, and /or Local governments in Florida, or comparable private entities, will be taken into consideration in the award of a contract. 6.1.3: IDENTICAL (TIE BIDS): Shall be awarded by the City in compliance with Florida State Statutes providing for a drug free workplace, that is, in the event of an identical tie bid, a preference shall be given to a business having a drug free workplace under Florida State Statute 287.087, as amended. Failure to provide proof of compliance when requested shall be cause for rejection of the bid as determined by the City. 6.1.4: ASSIGNMENT: The contractor shall not transfer or assign the performance required by this bid without prior written consent of the City Manager of the City of Sunny Isles Beach. Any award issued pursuant to this bid invitation and monies which may be due hereunder are not assignable except with prior written approval of the City Manager of the City of Sunny Isles Beach. 6.1.5: GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this bid prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in his letter the specific regulation which required an alteration. The City of Sunny Isles Beach reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel at no further expense to the City. 00210-6 INVITATION TO BID 7.1: WARRANTY /GUARANTY: Successful bidder shall act as agent for the City in the follow -up and compliance of all items under warranty /guarantee and complete all forms for warranty /guarantee coverage under this contract. Bidder warrants by signature on his proposal sheet that prices quoted here are in conformity with the latest federal price guidelines. 7.2: SAMPLES: Samples of items, when required, must be furnished by the bidder free of charge to the City. Each individual sample must be labeled with the bidders name, and manufacturer's brand name and delivered by him within ten (10) calendar days of the bid opening unless schedule indicated a different time. If samples are requested subsequent to the bid opening, they should be delivered within ten (10) calendar days of the request. The City will not be responsible for returning samples. 7.3: DISPUTES: If any dispute concerning a question of fact arises under the contract, other than termination for default or convenience, the contractor and the City department responsible for the administration of the contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney, shall resolve the dispute and send a written copy of its decision to the contractor, which shall be binding on both parties. 7.4: HOLD HARMLESS: All bidders shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a bid, as applicable. 7.5: CANCELLATION: Failure on the part of the vendor to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the award. 7.6: RELATION TO PARTIES: It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer /employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 7.7: COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement (Applicable Laws) and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this agreement. 7.8 WAIVER OF LIABILITYANDENT EWTY: The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or any one of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of property resulting from the performance or breach by Contractor of its limits in excess of One Million Dollars ($1,000,000) for claims arising from a single occurrence. Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the property. 00210-7 INVITATION TO BID 8.1: INDEMNIFICATION: The contractor shall indemnify, save harmless, and defend the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the contractor, his agents, servants or employees in the provision of goods or the performance of services pursuant to this bid and /or from any procurement decision of the City including without limitation, awarding the contract to the contractor. 8.1.2: SECONDARY /OTHER VENDORS: The City reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the contract. 8.1.3: DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 8.4: NONCONFORMANCE TO CONTRACT: The City of Sunny Isles Beach may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within (5) calendar days by the vendor at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as it's own property. Rejection for nonconformance, or failure to meet delivery schedules may result in the contract being found in default. 8.5: ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 8.6: NOTICES: All notices and other communications required or permitted to be given under this Agreement by either parry to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: if to the City one to Christopher J. Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160. The address of the Contractor for notices is 8.7: GOVERNING LAW: The validity of the Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami -Dade County, in the State of Florida. 8.8: REMEDIES FOR BREACH: Should Contractor fail to perform, City Shall notify Contractor in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform then City shall receive a refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perform any term of this 00210-8 ��V agreement, City shall pay for services rendered as of the date of termination. 8.9: ATTORNEY'S FEES: If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, together with reasonable attorney's fees for the anticipated cost of collection and judgement enforcement. 00210-9 INVITATION TO BID SPECIFICATIONS BONDING REQUIREMENTS: The bidder, in submitting this bid, must include a 5% bid bond for the total cost of the bid. Such bond may be in the form of a certified or cashier's check or approved bid bond in the amount of 5% of the total amount of the bid. PERFORMANCE & PAYMENT BONDS: The City of Sunny Isles Beach shall require the successful bidder to furnish performance and payment bonds, each in the amount of 100% of the total bid price, with the City of Sunny Isles Beach as the obligee, as security for the faithful performance of the contract and for the payment of all persons performing labor or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. Should the City decide to suspend or discontinue this requirement, the successful bidder shall deduct all premiums for said bonds for the affected contract period. PRE -BID CONFERENCE - SITE VISITS: It is mandatory that all bidders attend a pre -bid conference and tour of all areas contained in the specifications. Bids will not be accepted from bidders who did not attend the pre -bid conference. No pleas of ignorance by the bidder of conditions that exist, or that may hereinafter exist as a result of failure to make the necessary examinations or investigations or failure to fulfill in every detail the requirements of the contract documents, will be accepted as basis for varying the requirements of the City of Sunny Isles Beach or the compensation of the vendor. The pre -bid conference and tour will take place on Tuesday, March 26, 2002, STARTING AT 10:00 A.M.. STEP OFF LOCATION IS AT SUNNY ISLES BEACH CITY HALL LOCATED AT 17070 COLLINS AVENUE, SUITE #250, SUNNY ISLES BEACH, FLORIDA 33160. Please call (305) 947 -0606 for further information. END OF SECTION 00210-10 SECTION 00400 1 ffl SECTION 00410 BID FORM THIS BID IS SUBMITTED TO: City of Sunny Isles Beach 17070 Collins Avenue, Suite #250 Sunny Isles Beach, Florida 33160 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach in the form included in the Contract .Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S, including without limitation those dealing with the disposition ofBid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of City's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: (b) BIDDER has familiarized themselves with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully 00410-1 studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date. As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and services necessary to provide a complete in place Project for the Bid Price of 00410-2 BASE BID: dollars and cents LUMP SLIM (Written Total Base Bid Price - From Schedule Of Values, Page 00410 -7) 5. BIDDER agrees that the work will be complete in full within 120 calendar days from the date stipulated in the Notice to Proceed. 6. Communications concerning this Bid shall be addressed to: BIDDER: Address: Telephone Facsimile Number Attention: 7. The terms used in this Bid which are defined in the general Conditions of the Construction Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. SUBMITTED THIS DAY , 19 00410-3 SCHEDULE OF VALUES FOR LUMP SUM CONTRACT BASE BID LANDSCAPE IMPROVEMENTS for SR. A -I -A (COLLINS AVENUE) GENERAL REQUIREMENT References Section Description Unit Unit Price 01327 Field Engineering LS $ 01 500 Temporary Facilities LS $ 01550 Traffic Control LS $ DEMOLITION References Section Description Unit Unit Price 02110 Site Clearing LS $ PAVING References Section Description Unit Unit Price 02200 Limerock Base SY $ 02784 Concrete Unit Pavers SY $ IRRIGATION References Section Description Unit Unit Price * Irrigation Supervisor EA Hourly Rate $ * Irrigation Technician EA Hourly Rate $ * Irrigation Laborer EA Hourly Rate $ 2" Directional Bore LF $ 4" Directional Bore LF $ IZIya 1 References Section Description Unit Unit Price Unik Battery Operated Controller EA 02900 2" Rainbird PEB Valves EA $ 1 '/2" Rainbird PEB Valves EA 1" Rainbird PEB Valves EA Netafim Inline Disk Filters EA 2" PVB Backflow Preventer EA 1 '' /z" PVB Backflow Preventer EA 1" PVB Backflow Preventer EA Pressure Regulators 15 PSI EA Toro EZ Adjust Rotors EA Toro 570 -4P Spray Heads EA Toro 570 -S Shrub Heads EA Direct Burial 14 Gauge Wire LF * 2/2" PVC Mainline, Sch 40 LF * 2" PVC Mainline, Sch 40 LF * 1 '' /z" PVC Mainline, Sch 40 LF * 3/4" PVC Lateral Pipe, Sch 40 LF * 1" PVC Lateral Pipe, Sch 40 LF * 1 1/4" PVC Lateral pipe, Sch 40 LF * 1 '' /z" PVC Lateral Pipe, Sch 40 LF * 2" PVC Lateral Pipe, Sch 40 LF Wethose Inc., Fittings and Manifolds LF Labor rates include irrigation truck and trenching equipment. PVC piping includes all necessary fittings. LANDSCAPE References Section Description Unit Unit Price TREES and PALMS 02900 Cocos Nucifera `Maypan' (Coconut Palm) EA $ 00410-5 References Section Description Unit Unit Price 02900* Phoenix Dactilifera `Medjool', (Medjool Date Palm) EA $ 02900 Conocarpus Erectus (Green Buttonwood) EA $ 02900 Noronhia Emarginata (Madagascar Olive) EA $ 02900 Sabal Palmetto (Cabbage Palm) EA 02900 Thrinax Radiata (Florida Thatch Palm) EA SHRUBS and GROUNDCOVER 02900 Bougainvillea Glabra `Purple' (Purple Bpougainvillea) EA $ 02900 Chrysobalanus Icaco (Red -Tip Cocoplum) EA $ 02900 Clusia Guttifera (Small Leaf Clusia) EA $ 02900 Clusia Rosea `Nana' (Dwarf Pitch Apple) EA $ 02900 Conocarpus Erectus `Sericeus' (Silver Buttonwood) EA $ 02900 Conocarpus Erectus (Green Buttonwood) EA $ 02900 CoccoIoba Uvifera (Seagrape) EA $ 02900 Euphorbia Milli (Dwarf Crown of Thorns) EA $ 02900 Ficus Microcarpa `Green Island' (Weeping Fig) EA $ 02900 Hymenocallis Latifolia (Spider Lily) EA $ 02900 Nora `Petite Dwarf (Petite Dwarf Ixora) EA 02900 Ixora `Nora Grant' ( Ixora Nora Grant) EA 02900 Jasminum Volubile (Wax Jasmine) EA $ 02900 Pittosporum Tobira `Variegata' (Variegated Pittosporum) EA $ 02900 Schefflera Arboricola `Trinette' (Dwarf Schefflera) EA $ 02900 Seasonal Color EA 02900 Zamia Furfuracea (Cardboard Plant) EA 02900 St. Augustine `Floratam' sod SF $ 00410-6 References Description Unit Unit Price Section Owners Landscape Allowance LS $50,000.00 02900 Remove 12" existing fill and add Planting CY $ Soil in Place 02910 Existing Tree Relocation EA $ * Includes Removal and Relocation of existing fence. ALLOWANCES References Section Description Unit Unit Price 01210 Owners Landscape Allowance LS $50,000.00 01210 Owners Irrigation Allowance LS $100,000.00 TOTAL OF BASE BID $ TOTAL OF BASE BID PLUS ALLOWANCES $ 00410-7 If BIDDER is: doing business as: Business address: Phone No: AN INDIVIDUAL (Individual's Name) Facsimile No: 00410-8 (SEAL) A PARTNERSHIP (Firm's Name) (General Partner) Business address: Phone No: Facsimile No: /ZI110me (SEAL) (Title) (Corporate Seal) Attest: Business address: Phone No: A CORPORATION (Corporation Name) (State of Incorporation) (Name of Person Authorized to Sign) (President) Facsimile No: 00410-10 I: A JOINT VENTURE (Name) (Address) (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) 00410-11 CERTIFICATE OF AUTHORITY STATE OF ) SS: COUNTY OF (IF CORPORATION) I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of 20 , the following resolution was duly passed and adopted: , held on "RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Bid dated, , 20 , to the City of Sunny Isles Beach and this corporation and that their execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this , day of 20 Secretary: (SEAL) 00410-12 CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the a corporation existing under the laws of the State of held on 120 , the following resolution was duly passed and adopted: "RESOLVED, that, , as of the Partnership, be and is hereby authorized to execute the Bid dated, 2Q , to the City of Sunny Isles Beach and this partnership and that their execution thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this Secretary: (SEAL) i® 00410-13 , day of , 20 CERTIFICATE OF AUTHORITY IF JOINT VENTURE STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the a corporation existing under the laws of the State of , held on 120 , the following resolution was duly passed and adopted: "RESOLVED, that, as of the Joint Venture be and is hereby authorized to execute the Bid dated, 20 , to the City of Sunny Isles Beach official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20 Secretary: (SEAL) END OF SECTION 00410-14 1 J SECTION 00420 AWARD PREFERENCE FOR IDENTICAL TIE BIDS Whenever two or more Bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug - free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. VENDOR'S SIGNATURE: END OF SECTION 00420-1 SECTION 00432 BID FORM SUPPLEMENTS SECTION 00432 BID BOND STATE OF FLORIDA COUNTY OF DADE KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and , as Surety, are held and firmly bound unto the City of Sunny Isles Beach, a municipal corporation of the State of Florida in the sum of _ Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated 120 for: WHEREAS, it was a condition precedent to the submission of said Bid that a cashier's check or Bid Bond in the amount of five percent (5 %) of the Base Bid be submitted with said Bid as a guarantee that the BIDDER would, if awarded the Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written notice of such acceptance, enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance and Payment Bonds, satisfactory to the City, each in an amount equal to one hundred percent (100 %) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. 00432-1 IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of , 20 , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: (SEAL) (Individual or Partnership Principal) (Business Address) (City/State /Zip) (Business Phone) ATTEST: Secretary (Corporate Surety)* By: *Impress Corporate Seal PAPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. END OF SECTION 00432-2 SECTION 00434 LIST OF PROPOSED SUBCONTRACTORS BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. CLASSIFICATION NAME AND ADDRESS OF WORK OF SUBCONTRACTOR LANDSCAPE IRRIGATION DECORATIVE PAVERS This is not an order END OF SECTION 00434-1 SECTION 00450 BIDDER QUALIFICATION STATEMENT The BIDDER's response to this questionnaire will be utilized as part of the City's overall Bid Evaluation and Contractor selection. 1. Number of similar roadway Projects completed within an FDOT Right -of -Way with a contract price in excess of $1,000,000.00: a) In the past 5 years On Schedule Original contract price overrun average % b) In the past 10 years On Schedule Original contract price overrun average % List last three (3) completed Projects with a contract price in excess of $500,000.00. Project Name _ Owner Name _ Owner Address Original Contract Completion Time (Days) Original Contract Completion Date Actual Final Contract Completion Date Original Contract Price Actual Final Contract Price Project Name _ Owner Name _ Owner Address Original Contract Completion Time (Days) Original Contract Completion Date Actual Final Contract Completion Date _ Original Contract Price Actual Final Contract Price Project Name _ Owner Name _ Owner Address Original Contract Completion Time (Days) Original Contract Completion Date Actual Final Contract Completion Date Original Contract Price Actual Final Contract Price 00450-1 2. Current workload - Projects in excess of $300,000.00 Project Name Owner Name Contract Price 3. The following information shall be provided for this project. a) Estimated total construction man -hours b) Percent man -hours to be performed by Contractor's permanent staff c) Permanent man -hours to be performed by direct hired employees for this project d) Percent man-hours to be performed by Subcontractors 4. The following information shall be attached to the bid. a) Contractor's home office organization chart. b) Contractor's proposed project organizational chart. c) Resumes of proposed key project personnel, including on -site superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the BIDDER or any predecessor organizations, b) Any arbitration's or civil or criminal proceedings or c) Suspension of contracts or debarring from bidding by any public agency brought against the BIDDER in the last five (5) years. 6. Governmental References: List other Governmental Agencies or Quasi - governmental agencies for which you have done business within the past five years. Name Of Agency: Address: Telephone No. Contact Person: Type Of Project: Name Of Agency: Address: Telephone No, Contact Person: Type Of Project: Name Of Agency: Address: Telephone No. Contact Person: Type Of Project: 00450-2 List completed Irrigation projects within FDOT Rights -of -Way, using the `Wethose' Irrigation system: Project Name: State Road Number: Year Work Completed: Length of Roadway: Work Completed by Bidder or Subcontractor: Bidder Name: Subcontractor Name: Project Name: State Road Number: Year Work Completed: Length of Roadway: Work Completed by Bidder or Subcontractor: Bidder Name: Subcontractor Name: END OF SECTION 00450-3 SECTION 00454 NON - COLLUSION AFFIDAVIT State of ) ) SS County of ) being first duly sworn, deposes and says that: (1) He /She/They is /are the (Owner, Partner, Officer, Representative or Agent) of the BIDDER that has submitted the attached Bid; (2) He /She/They is /are fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said BIDDER nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other BIDDER, firm, or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any BIDDER, firm, or person to fix any overhead, profit, or cost elements of the Bid or of any other BIDDER, or to fix any overhead, profit, or cost elements of the Bid Price or the Bid Price of any other BIDDER, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. 00454-1 Signed, sealed and delivered in the presence of By: (Printed Name) ACKNOWLEDGMENT State of Florida County of (Title) On this the day of , 20 , before me, the undersigned Notary Public o f The State o f Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is /are Subscribed to the within instrument, and he/she /they acknowledge that he /she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned.) • Personally known to me, or • Personally identification: (Type of Identification Produced) ❑DID take an oath, or ❑ DID NOT take an oath. OPTIONAL INFORMATION: Type Of Document: Number of Pages: Number of Signatures Notarized: END OF SECTION 00454-2 SECTION 00456 PUBLIC ENTITY CRIlfS Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list ". CONFLICTS OF INTEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDER's must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or it's agencies. 00456-1 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. L . This sworn statement is submitted to by for whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (IF the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. 00456-2 The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. 00456-3 By: (Printed Name) (Title) Sworn to and subscribed before me this day of 20 Personally known Or Produced Identification Notary Public - State of My Commission Expires (Type of Identification) (Printed, typed, or stamped commissioned name of notary public) END OF SECTION 00456-4 SECTION 00500 AGREEMENT SECTION 00510 NOTICE OF AWARD TO: PROJECT DESCRIPTION: Landscape Improvements for S.R. A -1 -A (Collins Avenue), Project No. 02- 03 -01, in accordance with Plans and Contract Documents as prepared by O'Leary Design Associates,P.A Prime Consultant. and The CITY OF SUNNY ISLES BEACH has considered the Bid submitted by you for the above described WORK in response to its Advertisement for Bid and Instruction to BIDDERS. You are hereby notified that your Bid has been accepted for the construction of Landscape Improvements for S.R. A -1 -A (Collins Avenue), Project No. 02- 03 -01, in the lump sum amount of You are required by the Instruction to BIDDERS to execute the Agreement and furnish the required CONTRACTOR'S Performance Bond, Payment Bond and Certificates of Insurance within ten (10) days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said CITY will be entitled to disqualify the Bid, revoke the award and retain the Bid Security. BY: TITLE: CITY MANAGER Dated this day of , 20 00510- 1 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by this the day of , 20 !im TITLE: You are required to return an acknowledged copy of this Notice of Award to the CITY. END OF SECTION 00510-2 SECTION 00526 AGREEMENT THIS AGREEMENT, made and entered into on this day of , 2002, by and between Party of the First Part, and The City of Sunny Isles Beach, Party of the Second Part: WITNESETH: That, the First Party, for the consideration hereinafter fully set out, hereby agrees with the Second Party as follows: 1. That the First Party shall furnish all the materials, and perform all of the Work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained here: List Of Drawings Section 00015 Advertisements For Bids Section 00100 Instruction To BIDDERS Section 00210 Bid Form Section 00410 Certificate Of Authority Section 00410 Award Preference for Identical Tie Bids Section 00420 Bid Bond Section 00432 List Of Proposed Subcontractors Section 00434 BIDDERS Qualification Statement Section 00450 Non - Collusion Affidavit Section 00454 Sworn Statement Pursuant To Florida Statutes On Section 00456 Public Crimes Notice Of Award Section 00510 Agreement Section 00526 Notice To Proceed Section 00550 Payment Bond Section 00612 Performance Bond Section 00614 OSHA Acknowledgment Section 00620 General Conditions Section 00710 Supplementary Conditions Section 00800 00526-1 Technical Specifications Sections 01000 to 16000 Supplementary Technical Specifications As Referred To That the First Party shall commence the Work to be performed under this Agreement on a date to be specified in a written order of the Second Party and shall complete all Work hereunder within the length of time stipulated in the Bid. That the Second Party hereby agrees to pay to the First Party for the faithful performance of this Agreement, subject to additions and deductions as provided in the Bid Form, in lawful money of the United States, the amount of (Written Dollar Amount) dollars ($ Lump Sum. 4. That the Second Party shall make monthly partial payments to the First Party on the basis of a duly certified and approved estimate of Work performed during each calendar month by the First Party, Less the retainage provided in the General Conditions, which is to be withheld by the Second Party until Work within a particular part has been performed in accordance with this Agreement and until such Work has been accepted by the Second Parry. 5. That upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills, and other costs incurred by the First Party in connection with the construction of the Work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the First Party of all Work covered by this Agreement and the acceptance of such Work by the Second Party. 6. In the event that the Contractor shall fail to complete the Work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of One Thousand and 00 /100 Dollars ($1000.00) per day, plus any monies paid by the City to the Consultant for additional engineering and inspection services associated with such delay. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Second Party shall deem the Surety or Sureties upon such bond to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work, the First Party shall, at its expense within 5 days after the receipt of notice from the Second Party so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Second Party. In such event, no further payment to the First Party shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to the Second Party. No additional Work or extras shall be done unless the same shall be duly authorized by appropriate action by the Party of the Second Part. 00526-2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in five (5) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. WITNESSES: CONTRACTOR: BY: NAME: TITLE: OWNER: City of Sunny Isles Beach BY: AUTHENTICATION: BY: TITLE: CITY CLERK APPROVED AS TO FORM: M IM"'M TITLE: CITY ATTORNEY 2/\851 TITLE: END OF SECTION 00526-3 TO: SECTION 00550 NOTICE TO PROCEED DATE: PROJECT DESCRIPTION: Landscape Improvements for S.R. A -1 -A (Collins Avenue), Project No. 02- 03 -01, in accordance with Plans and Contract Documents as prepared by O'Leary Design Associates, PA, Prime Consultant. You are hereby notified to commence Work in accordance with the Agreement dated , on or before and you are to complete the Work within 120 calendar days thereafter. The date of completion of all WORK is therefore City of Sunny Isles Beach 1.374 TITLE: CITY MANAGER 00550-1 ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by day of BY: TITLE: 20 END OF SECTION 00550-2 SECTION 00600 BONDS and CERTIFICATES SECTION 00612 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid /Contract No.:02 -03 -01 , awarded the day of , 20 , with City for in accordance with drawings (plans) and specifications prepared by which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains because of default by Contractor under the Contract; and Promptly makes payments to all claimants as defined by Florida Statute 225.05(1) supplying Contractor with all labor, materials and supplies used directly or indirectly by Contractor in the prosecution ofthe Work provided for in the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for their labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to the Contractor a notice that they intend to look to the Bond for protection. 2.2 A claimant who is not in privity with the Contractor and who has not received payment for their labor, materials, or supplies shall, within ninety (90) days after performance of the labor, or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non - payment. 2.3 No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding paragraphs 2.1 and 2.2 have been given. 2.4 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that 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 the Surety's obligation under this Bond. 00612-1 Signed and sealed this day of , 20 - WITNESS: (CORPORATE SEAL) WITNESS: Secretary (Name of Corporation) Secretary By: (Signature and Title) (Type Name and Title signed above) (Name of Corporation) By: (Type Name and Title signed above) IN THE PRESENCE OF; INSURANCE COMPANY: *Agent and Attorney -in -Fact Address: (Street) (City /State /Zip Code) Telephone No.. ( ) * (Power of Attorney must be attached) 00612-2 State of County of On this, the day of , 20 , before me, the undersigned Notary Public of the State of the foregoing instrument was acknowledged by (name of corporate officer), (title), of (name of corporation), a (state of corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal Notary Public, State of Printed, typed or stamped name of Notary Public exactly as commissioned • Personally known to me, or • Produced identification: (type of identification produced) ❑ Did take an oath, or ❑ Did not take an oath 00612-3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Payment Bond; that , who signed the Bond on behalf of the Principal, was then of said corporation; that I know his/her their signature; and his/her their signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (CORPORATE SEAL) (Name of Corporation) END OF SECTION 00612-4 SECTION 00614 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS That, pursuant to the requirements of Florida Statute 255.05, we, , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.:02 -03 -01 , awarded the day of , 20 , with City for in accordance with drawings (plans) and specifications prepared by which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: 1. Fully performs the Contract between the Contractor and the City for construction of , within calendar days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains because of default by Contractor under the Contract; and 3. Upon notification by the City, corrects any and all defective or faulty Work or materials which appear within one and one half (1 1/2) years, and: 4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and declared by City to be, in default under the Contract, the City having performed City's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1 Complete the Contract in accordance with its terms and conditions; or 4.2 Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive BIDDER, or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest, qualified, responsible and responsive BIDDER, arrange for a Contract between such BIDDER and City, 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 City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. 00614-1 The Surety hereby waives notice of and agrees that 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. Signed and sealed this day of WITNESSES: Secretary (CORPORATE SEAL) IN THE PRESENCE OF: * (Power of Attorney must be attached) 20. (Name of Corporation) Bv: (Signature and Title) (Type Name & Title signed above) INSURANCE COMPANY: By *(Agent and Attorney -in -Fact) Address: (Street) (City /State /Zip Code) Telephone No.: 00614-2 State of County of On this, the day of , 20 , before me, the undersigned Notary Public of the State of , the foregoing instrument was acknowledged by (name of corporate officer), (title), of (name of corporation), a (state of corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal Notary Public, State of Printed, typed or stamped name of Notary Public exactly as commissioned • Personally known to me, or • Produced identification: (type of identification produced) • Did take an oath, or • Did not take an oath Bonded by: 00614-3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the secretary of the corporation named as principal in the foregoing Performance Bond; that , who signed the Bond on behalf of the Principal, was then of said corporation; that I know his /her /their signature; and his /her /their signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (CORPORATE SEAL) (Name of Corporation) END OF SECTION 00614-4 SECTION 00620 ACKNOWLEDGMENT OF CONFORMANCE WITH OSHA STANDARDS TO The City of Sunny Isles Beach We (Prime Contractor) , hereby acknowledge and agree that we as Contractors for Landscape Improvements for S.R. A -1 -A (Collins Avenue), Project No.: 02- 03 -01, as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of Sunny Isles Beach, O'Leary Design Associates, P.A. , against any and all liability, claims, damages losses and expenses they may incur due to the failure of (Subcontractor's Names) to comply with such act or regulation. CONTRACTOR ATTEST IaW END OF SECTION 00620-1 SECTI ®N 00700 SECTION 00710 GENERAL CONDITIONS ARTICLE I - DEFINITION Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof Acceptance: By the CITY of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Agreement: The written Agreement between the CITY and the CONTRACTOR covering the Work to be performed, which includes the Contract Documents. Addenda: Written or graphic instruments issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or corrections. Application for Payment: The form furnished by the CONSULTANT which is to be used by the CONTRACTOR in requesting progress payments. Approved: Means approved by the CONSULTANT of Record. Bid: The offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the Work to be performed. BIDDER: Any person, firm or corporation submitting a Bid for Work. Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Change Order. A written order to the CONTRACTOR signed by the CITY authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. CITY: City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160. Contract Documents: Contract Documents shall include, Instructions to BIDDERS, CONTRACTOR'S Bid, the Bonds, the Notice of Award, these General Conditions, Special Conditions, the Technical Specifications, Drawings and Modifications, Notice to Proceed, Invitation to Bid, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles Beach, Contract Price: The total moneys payable to the CONTRACTOR under the Contract Documents. Contract Time: The number of calendar days stated in the Agreement for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the CITY'S governing body. CONTRACTOR: The person, firm or corporation with whom the CITY has executed the Agreement 00710-1 CONSULTANT: See Supplementary Conditions for identification Day: A calendar day of twenty -four hours measured from midnight to the next midnight. Drawings: The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the CONSULTANT and are referred to in the Contract Documents. Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation if issued by the CONSULTANT in accordance with Paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Agreement. Notice of Award: The written notice by CITY to the apparent successful BIDDER stating that upon compliance with the condition s precedent to be fulfilled by him within the time specified, CITY will execute and deliver the Agreement to him, Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform their obligations under the Contract Documents. Project: The entire construction Project to be performed as provided in the Contract Documents Construction Observer: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the CITY as his representative. The CONTRACTOR shall be notified in writing of the identity of this representative. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion: The date as certified by the CONSULTANT when the construction of the Projector a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it was intended; or if there be no such certification, the date when final payment is due. Supplier: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. Surety: The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned 00710-2 to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. Written Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapproval's required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered to the CITY through the CONSULTANT. ARTICLE 2 - PRELIM NARY MATTERS Award: 2.1 The CITY reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the CITY to the lowest responsive and responsible BIDDER. No Notice of Award will be given until the CITY has concluded such investigations as they deem necessary to establish the responsibility, qualifications and financial ability of the BIDDER to the Work in accordance with the Contract Documents to the satisfaction of the CITY within the time prescribed. The CITY reserves the right to reject the Bid of any BIDDER who does not pass such investigation to the CITY'S satisfaction. In analyzing Bids, the CITY may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the CITY will issue the Notice of Award and give the successful BIDDER a Contract for execution within ninety (90) days after opening of Bids. Execution of Agreement: 2.2 At least four counterparts ofthe Agreement, the Performance and Payment Bond, the Certificates of Insurance and such other Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. Forfeiture of Bid Security/Performance and Payment Bond: 2.3. Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond shall be in the amount of one hundred percent (100 %) of the Contract Price guaranteeing to CITY the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractors employed pursuant to this Project. Each Bond shall be with a Surety company meeting the qualifications of Sections 2.3.4, 2.3.5 and 2.3.6. 2.3.2 Each Bond shall continue in effect for one and one half (1 1/2) years after final completion and acceptance of the Work with the liability equal to one hundred percent (100 %) of the Contract Sum. The Performance Bond shall be conditioned that CONTRACTOR will, upon notification by CITY, correct any defective or faulty Work or materials which appear within one and one half (1 1/2) years after final completion of the Contract. 2.3.3 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR shall ensure that the Bond(s) referenced above shall be recorded in the public records of Dade County and Provide CITY with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of 00710-3 successful continuous operation for at least five (5) years. 2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current Revisions. 2.3.6 The CITY will accept a surety bond from a company with a rating B+ or better. 2.3.7 Failure of the successful BIDDER to execute and deliver the Agreement and deliver the required bonds and Insurance Certificates as stipulated in paragraph 2.2 shall be cause for the CITY to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre -Start Representation: 2.4 CONTRACTOR represents that they have familiarized themselves with, and assumes full responsibility for having familiarized themselves with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, State and local laws, ordinances, rules and regulations that may in any manner affect performance of the Work, and represents that they have correlated their study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that they have studied all surveys and investigations reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as they deem necessary for the performance of the Work in the Contract Documents and that they have correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR shall start to perform their obligations under the Contract Documents on the date when the Contract Time commences to run. No Work shall be done at the site prior to the date on which the Contract Time commences to run, except with the written consent of the CITY. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. They shall at once report in writing to CONSULTANT any conflict, error, or discrepancy which they may discover; however, they shall not be liable to CITY or CONSULTANT for their failure to discover any conflict, error, or discrepancy in the Drawings or Specifications. Schedule of Completion: 2.8 Within five (5) days after delivery of the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval, an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions thereto within seven (7) days of its submittal. If there is more than one CONTRACTOR involved in a Project the responsibility for coordinating the Work of all CONTRACTORS shall be as provided in the Special Conditions and Contract Documents. 2.9 Within five (5)days after delivery of the executed Agreement by CITY to CONTRACTOR, but before starting the Work at the site, a preconstruction conference will be held to review the above schedules, to establish procedures 00710-4 for or handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the CITY representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and their Superintendent. Oualifications of Subcontractors. Materialmen and Suppliers: 2.10 Within five (5) calendar days after bid opening, the apparent lowest responsive and responsible BIDDER will submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) working days after receiving the list, the CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT, after due investigation, has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) days of the receipt shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject defective Work, material or equipment, or Work, material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to and refuses to accept any Subcontractor, person or organization listed, the apparent low BIDDER may, prior to Notice of Award either (i) submit an acceptable substitute without an increase in their bid price. ARTICLE 3 - CORRELATION INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between the CITY and the CONTRACTOR. They may be altered only by a Modification. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, they shall call it to the CONSULTANT'S attention in writing at once and before proceeding with the Work affected thereby; however, they shall not be liable to CITY or CONSULTANT for their failure to discover any conflict, error or discrepancy in the Specifications or Drawings. The various Contract Documents shall be given precedence in case of conflict, error or discrepancy, as follows: Change Orders, Supplemental General Conditions, Agreement Modifications, Addenda, Special Conditions, Instructions to BIDDERS, General Conditions, Specifications and Drawings. If the requirements of other Contract Documents are more stringent than those of the Supplemental General Conditions, the more stringent requirements shall apply. 3.3 The words "furnish" and "furnish and install ", "install ", and "provide" or words with similar meaning shall be interpreted, unless otherwise specifically stated, to mean "fumish and install complete in place and ready for service ". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure or plant, providing the indicated function, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before installation. The above requirement is not intended to included major components not covered by or inferable from the Drawings and Specifications 3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such manner as to 00710-5 obtain the best workmanship possible for the entire Project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If they are prevented from so doing by any limitations of the Drawings or Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem limitation exists. 3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it shall be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent ", when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal ", the CONTRACTOR shall use the brand specified). ARTICLE 4 - AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 The CITY will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights -of -way for access thereto, and such other lands which are designed for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY unless otherwise specified in the Contract Documents. Other access to such lands or rights -of -way for the CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR. The CONTRACTOR will provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The CITY will, upon request, furnish to the BIDDERS, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that they have investigated prior to bidding and satisfied themselves as to the conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that they have satisfied themselves as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the CITY /CONSULTANT on 00710-6 for or handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the CITY representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and their Superintendent. Qualifications of Subcontractors, Materialmen and Suppliers: 2.10 Within five (5) calendar days after bid opening, the apparent lowest responsive and responsible BIDDER will submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) working days after receiving the list, the CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT, after due investigation, has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) days of the receipt shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject defective Work, material or equipment, or Work, material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to and refuses to accept any Subcontractor, person or organization listed, the apparent low BIDDER may, prior to Notice of Award either (i) submit an acceptable substitute without an increase in their bid price. ARTICLE 3 - CORRELATION INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between the CITY and the CONTRACTOR. They may be altered only by a Modification. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, they shall call it to the CONSULTANT'S attention in writing at once and before proceeding with the Work affected thereby; however, they shall not be liable to CITY or CONSULTANT for their failure to discover any conflict, error or discrepancy in the Specifications or Drawings. The various Contract Documents shall be given precedence in case of conflict, error or discrepancy, as follows: Change Orders, Supplemental General Conditions, Agreement Modifications, Addenda, Special Conditions, Instructions to BIDDERS, General Conditions, Specifications and Drawings. If the requirements of other Contract Documents are more stringent than those of the Supplemental General Conditions, the more stringent requirements shall apply. 3.3 The words "furnish" and "furnish and install ", "install ", and "provide" or words with similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure or plant, providing the indicated function, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before installation. The above requirement is not intended to included major components not covered by or inferable from the Drawings and Specifications 3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such manner as to 00710-5 obtain the best workmanship possible for the entire Project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If they are prevented from so doing by any limitations of the Drawings or Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem limitation exists. 3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it shall be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent ", when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal ", the CONTRACTOR shall use the brand specified). ARTICLE 4 - AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 The CITY will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights -of -way for access thereto, and such other lands which are designed for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY unless otherwise specified in the Contract Documents. Other access to such lands or rights -of -way for the CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR. The CONTRACTOR will provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The CITY will, upon request, furnish to the BIDDERS, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that they have investigated prior to bidding and satisfied themselves as to the conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that they have satisfied themselves as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the CITY /CONSULTANT on 00710-6 the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to them prior to receipt of bids. Any failure by the CONTRACTOR to acquaint themselves with the available information will not relieve them from responsibility for estimating properly the difficulty or cost of successfully performing Work. The CITY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the CITY /CONSULTANT. Differing Site Conditions: 4.4 (a) The CONTRACTOR shall within forty eight (48) hours of their discovery, and before such conditions are disturbed, notify the CITY in writing, of (1) Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. The CITY shall promptly investigate the conditions, and if they find that such conditions do materially so differ and cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Contract modified in writing accordingly. (b) No claim of the CONTRACTOR under this clause shalt be allowed unless the CONTRACTOR has given the notice required in (a) above; provided, however, the time prescribed therefore may be extended by the CITY. (c) No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract. ARTICLE 5 - INSURANCE Contractor's Liability Insurance: 5.1 CONTRACTOR shall provide and maintain in force until all the Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage set forth: 5.1.1 Worker's Compensation insurance at the statutory amount to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(cies) must include: Employers' Liability at the statutory coverage amount. The CONTRACTOR shall further insure that all of its Subcontractors maintain appropriate levels of worker's compensation Insurance 5.1.2 Comprehensive General Liability with minimum limits of One Million Dollars (1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and /or Operations. Independent CONTRACTORS. 5.1.2.1 Premises and Operation 00710-7 5.1.2.2 Independent Contractors 5.1.2.3 Products and/or Completed Operations Hazard. 5.1.2.4 Explosion, Collapse and Underground Hazard Coverage. 5.1.2.5 Broad Form Property Damaged. 5.1.2.6 Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and /or indemnification agreement. 5.1.2.7 Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 5.1.3 Business Automobile Liability with minimum limits of One Million Dollars (1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 5.13.1 Owned Vehicles. 5.1.3.2 Hired and Non -Owned Vehicles. 5.1.3.3 Employers' Non - Ownership. 5.2 Before starting the Work, the CONTRACTOR will file with the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY; these certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the CITY and CONSULTANT by certified mail. The CITY shall be named as an additional insured on the above - referenced policies. 5.3 The CONTRACTOR agrees that if any part of the Work under the Contract is sublet, they will require the Subcontractor(s) to carry insurance as required, and that they will require the Subcontractor(s) to furnish to them insurance certificates similar to those required by the CITY in 5.1 above. Fire and Extended Coveraue Insurance (Builders' Risk): 5.4 The CONTRACTOR shall maintain, as applicable, in an Insurance Company or Insurance Companies acceptable to the CITY, Fire, Extended Coverage and Vandalism & Malicious Mischief Insurance on buildings and structures, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract. The amount of insurance must at all times be at least equal to the actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. 5.5 The CONTRACTOR shall provide the CITY with satisfactory evidence certifying that the foregoing insurance is in force; and such evidence shall include provisions that the insurance shall not be canceled, allowed to expire or be materially changed without giving the CITY advance notice by registered mail. 00710-8 Cancellation and Re- Insurance 5.6 If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this contract, the CONTRACTOR shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. 5.7 All deductibles must be declared by the CON'T'RACTOR and must be approved by the CITY. At the option of the CITY, either the CONTRACTOR shall eliminate or reduce such deductible or the CONTRACTOR shall procure a Bond, in a form satisfactory to the CITY, covering the same. ARTICLE 6 - CONTRACTOR'S RESPONS113 LITIES Supervision and Superintendence 6.1 The CONTRACTOR will supervise and direct the Work. They will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR will employ and maintain a qualified supervisor or superintendent at the Work site who shall be designated in writing by the CONTRACTOR as the CONTRACTOR'S representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisors shall be present at each site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Superintendent shall be mailed to the CONTRACTOR'S home office). Labor, r Materials and Eauipment 6.2 The CONTRACTOR will provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. They will at all times maintain good discipline and order at the site. 6.3 The CONTRACTOR will furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and equipment will be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Materials_ Equipment. Products and Substitutions 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance of other salient requirements, and that other products of equal capacities, quality and function shall 00710-9 be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT may approve its substitution and use by the CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT who shall be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform with requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work shall be done at the expense of the CONTRACTOR- 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. Concerning Subcontractors: 6.7 The CONTRACTOR will not employ any Subcontractor, against whom the CITY or the CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. 6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of their Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to see to payment of any persons due any Subcontractor or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors and materialmen engaged upon their Work. 6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the 00710-10 Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR if and when directed by the CONSULTANT in writing. Patent Fees and Rovalties 6.13 The CONTRACTOR will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. They will indemnify and hold harmless the CITY and the CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. 6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties materials, appliances, articles or systems prior to bidding. However, they shall not be responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Permits : 6.15 The CONTRACTOR will secure and pay for all construction permits and licenses and will pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated in the Special Conditions, there will be no charges to the CONTRACTOR The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR will also pay all public utility charges. Electrical Power and Liehtin : 6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as required by them. This service shall be installed by a qualified electrical Contractor approved by the CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be used off temporary lighting lines without specific approval of the CONTRACTOR. Laws and Regulations : 6.17 The CONTRACTOR will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, they will give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, they will bear all costs arising therefrom; however, it shall not be their primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. 00710-11 Taxes: 6.18 Cost of all applicable sales consumer, use, and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Record Drawings: 6.19 The CONTRACTOR will keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to the CONSULTANT and any City Representative at all reasonable times and shall be delivered to the CITY upon completion of the Project. Safety and Protection . 6.20 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to: 6.20.1 All employees and other persons who may be affected thereby, 6.20.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.20.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.21 The CONTRACTOR will designate a responsible member of their organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY. Emergencies: 6.22 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is obligated to act, at their discretion, to prevent threatened damage, injury or loss. They will give the CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by them in an emergency which arose from causes beyond their control entitles them to an increase in the Contract Price or an extension of the Contract Time, they may make a claim therefore as provided in articles 11 and 12. Shot) Drawings and Samples: 6.23 After checking and verifying all field measurements, the CONTRACTOR will submit to the CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions six (6) copies (or at the CONSULTANT'S option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR and identified as the CONSULTANT may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review the information as required. 6.24 The CONTRACTOR will also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. 00710-12 All samples will have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.25 At the time of each submission, the CONTRACTOR will in writing call the CONSULTANT'S attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents. 6.26 The CONSULTANT will review with responsible promptness Shop Drawings and Samples, but their review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review ofthe assembly in which the items functions. The CONTRACTOR will make any corrections required by the CONSULTANT and will return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the CONSULTANT on previous submissions. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and verified all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing to sample with the requirements of the Work and the Contract Documents. 6.27 No Work requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.28 The CONSULTANT'S review of Shop Drawings or samples shall not relieve the CONTRACTOR from their responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing called the CONSULTANT'S attention to each deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omission in the Shop Drawings. Cleaning up: 6.29 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the CITY, the CONTRACTOR shall remove all their surplus and discarded materials, excavated material and rubbish from the roadways, sidewalks, parking areas, lawn and all adjacent property; shall clean their portion of Work involved in any building under this Contract, so that no further cleaning by the CITY is necessary prior to their occupancy; shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work; and shall leave the whole in a neat and presentable condition. 6.30 If the CONTRACTOR does not clean the Work site, the CITY may remove the rubbish and charge the cost to the CONTRACTOR Public Convenience and Safetv: 6.31 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, the CONTRACTOR shall notify law enforcement agencies before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. 00710-13 Sanitary Provisions: 6.32 The CONTRACTOR shall provide on -site office, and necessary toilet conveniences, secluded from public observation, for use of all personnel on the Work, whether or not in his employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. Indemnification: 6.33 In consideration of the separate sum of twenty -five dollars ($25.00) and other valuable consideration, the CONTRACTOR shall indemnify and save harmless the CITY and CONSULTANT, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the construction of this Project; including the warranty period, or by or in consequence of any negligence (excluding negligence of CITY and CONSULTANT), in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said CONTRACTOR or his Subcontractor, agents, servants or employees. The CONTRACTOR will indemnify and hold harmless the CITY and the CONSULTANT and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. 6.34 In the event that any action or proceeding is brought against CITY or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against CITY or CONSULTANT, excluding only those which allege that the injuries arose out of the sole negligence of CITY or CONSULTANT, which may result from the operations and activities under this Contract whether the construction operations be performed by CONTRACTOR, its Subcontractors or by anyone directly or indirectly employed by either. 6.35 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the CONSULTANT, their agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by the CONSULTANT, their agents or employees provided such giving of failure to give is the primary cause of injury or damage. These indemnification provisions shall survive the term of this Contract Responsibility for Connection to Existing Work: 6.36 It shall be the express responsibility of the CONTRACTOR to connect their Work to each part of the existing Work or Work previously installed as required by the Drawings and Specifications to provide a complete installation. Work in Street Highway and Other Right -of -Way: 6.37 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of -ways of streets, highways, public carrier lines, utility lines either aerial, surface or subsurface, etc., shall be done in accordance with requirements of the special conditions. The CITY will be responsible for obtaining all permits necessary for the Work. Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper authorities stating that the Work has been done in accordance with their requirements. 00710-14 6.37.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.37.2 The CONSULTANT shall be responsible, if required, for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments, Public Utilities, Etc.: 6.38 The CONTRACTOR. shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items may be properly shored, supported and protected, or the CONTRACTOR may relocate them if they desire. The CONTRACTOR shall give all proper notices, shall comply with this requirements of such parties in the performance of their Work, shall permit entrance of such parties on the Project in order that they may perform their necessary Work, and shall pay all charges and fees made by such parties for this Work. 6.38.1 The CONTRACTOR'S attention is called to the fact that there maybe delays on the Project due to Work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.38.2 The CONTRACTOR shall have made himself familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of their ignorance thereof. Use Premises: 6.39 CONTRACTOR shall confine his apparatus, storage of materials, and operations of their workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not unnecessarily encumber any part of the site. 6.39.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor shall he subject any party of the work to stresses or pressures that will endanger it. 6.39.2 CONTRACTOR shall enforce CONSULTANT and CITY'S instructions in connection with signs, advertisements, fires and smoking. 6.39.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of their employees, subcontractors and other personnel, and in routine material delivery trucks and other vehicles to the Project site. 6.39.4 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all workers employed by their or by their Subcontractors. Temporary offices shall be provided and located where directed and approved by the CONSULTANT. All such facilities shall be furnished in strict accordance with existing governing regulations. Field offices shall include telephone facilities. M Y j[4i I Protection of Existing Property Improvements: 6.40 Any existing surface or subsurface improvements, such as pavements curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project shall be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7 - WORK BY OTHERS 7.1 The CITY may perform additional Work related to the Project, or may let other direct contracts therefore which shall contain General Conditions similar to these. The CONTRACTOR will afford the other contractors who are parties to such direct contracts (or the CITY, if they are performing the additional Work themselves), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate their Work with theirs. 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any CONTRACTOR (or the CITY), the CONTRACTOR will promptly report to the CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for such proper execution and results. 73 The CONTRACTOR will do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit it to receive or be received by such other Work. The CONTRACTOR will not endanger any Work of others by cutting, excavating or otherwise altering their Work and will only cut or alter their Work with the written consent of the CONSULTANT and of the other CONTRACTORS whose Work will be affected. 7.4 If the performance of additional Work by other contractors or the CITY is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the performance of such additional Work by the CITY or others involves them in additional expense or entitles them to an extension of the Contract Time, they may make a claim therefore as provided in articles 11 and 12. 7.5 Where practicable, the CONTRACTOR shall build around the Work of other separate CONTRACTORS or shall leave chases, slots and holes as required to receive and to conceal within the general construction Work the Work of such other separate CONTRACTORS as directed by them. Where such chases, slots, etc., are impracticable, the Work shall require specific approval of the CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate contractor requiring such alterations after approval of the CONTRACTOR The CONTRACTOR shall do all patching and finishing of their Work where cut by other CONTRACTORS at the expense of such other CONTRACTORS. 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each CONTRACTOR shall coordinate their operation with those of the other CONTRACTORS for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each CONTRACTOR shall keep themselves informed of the progress of the Work of other CONTRACTORS. Should lack of progress or defective workmanship on the part of other CONTRACTORS interfere with their operations, the CONTRACTOR shall notify the CONSULTANT immediately. Lack of such notice to the CONSULTANT will be construed as acceptance by the CONTRACTOR of the status of the Work of other CONTRACTORS as being satisfactory for proper coordination of their own Work. 7.9 The cost of extra Work resulting from lack of notices, untimely notices, failure to respond to notices, defective Work or lack of coordination shall be borne by the CONTRACTOR responsible for such lack of notices, etc. 00710-16 ARTICLE 8 - CITY'S RESPONSIBILITIES 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT. 8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT, whose status under the Contract Documents shall be that of the former CONSULTANT. 8.3 The CITY will furnish the data required of them under the Contract Documents promptly. 8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2 8.5 CITY shall provide sufficient survey staking for all Work. 8.6 The CITY shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION City's Representative: 9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during construction are set forth in Articles 1 through 16 of these General Conditions and shall not be extended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT'S decision, in matters relating to aesthetics, shall be final, if within the terms of the Contract Documents, 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between the CITY and the CONTRACTOR arising out of or relating to this Agreement or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT will provide periodic on site observations to observe the progress and quality of the executed Work and to determine, if the Work is proceeding in accordance with the Contract Documents. Their efforts will be directed toward providing assurance for the CITY that the completed Project will conform to the requirements of the Contract Documents. On the basis of these on site - observations as an experienced and qualified design professional, they will keep the CITY informed of the progress of the Work and will guard the CITY against defects and deficiencies in the Work of CONTRACTORS. Clarifications and Intemretations: 9.3 The CONSULTANT will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as he may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If the CONTRACTOR believes that a written clarification and interpretation entitles them to an increase in the Contract Price or extension of Contract Time, they may make a claim therefore as provided in Articles 1 I and 12. 00710-17 Measurement of Quantities: 9.4 All Work completed under the Contract will be measured by the CONSULTANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Reiecting Defective Work: 9.5 The CONSULTANT will have authority to disapprove or reject Work which is "defective" (which tennis hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in Special Condition, or has been damaged prior to final acceptance). They will also have authority to require special inspection or testing of the Work as provided in the Special Conditions whether or not the Work is fabricated, installed or completed. Shop Drawings Change Orders and Payments: 9.6 In connection with the CONSULTANT'S responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with the CONSULTANT'S responsibility for Change Orders, see Articles 10, 11, and 12. 9.8 In connection with the CONSULTANT'S responsibilities in respect of Application of Payment, etc,, see Article 14. Resident Proiect Representative: 9.9 The CONSULTANT will provide construction observation sufficient to confirm to CITY and all applicable regulatory agencies that construction is in compliance with the Construction Drawings and the Contract Specifications. Decisions on Disagreements: 9.10 The CONSULTANT will be the initial interpreter of the Construction Drawings and Technical Specifications. Limitations on Consultant's Responsibilities 9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any of their or their agents or employees, or any other person performing any of the Work. ARTICLE 10 - CHANGES IN THE WORK 10.1 Without invalidating the Agreement, the CITY may, at anytime or from time to time, order additions, deletions or revisions in the Work; these shall be authorized by Change Orders. Upon receipt of a Change Order, the CONTRACTOR will proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 1.2. A Change Order signed by the CONTRACTOR indicates their agreement therewith. 10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If the CONTRACTOR believes that any minor change or alteration authorized by the CONSULTANT entitles them to an 00710-18 increase in the Contract Price or extension of Contract Time, they may make a claim therefor as provided in Articles 11 and 12. 10.3 Additional Work performed by the CONTRACTOR without authorization of a Change Order will not entitle them to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2. 10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the CONSULTANT. 10.5 It is the CONTRACTOR'S responsibility to notify his Surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted accordingly. The CONTRACTOR will furnish proof of such an adjustment to the CITY. ARTICLE 11 - CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at their expense without changing the Contract Price. 11.2 (a) The CITY may, at anytime, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes: (1) in the specifications (including drawings and designs); (2) in the method or manner of performance of the Work. (3) in the CITY- furnished facilities, equipment, materials, services, or site; or (4) directing acceleration in the performance of the Work. (b) Except as herein provided, no order, statement, or conduct of the CITY shall be treated as a change under this clause or entitle the CONTRACTOR to an equitable adjustment hereunder. (c) If any change order under this clause causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work, under this Contract, whether or not changed by any order, an equitable adjustment shall be made and the Contract modified in writing accordingly. (d) If the CONTRACTOR intends to assert a claim for an equitable adjustment under this clause, he must, within ten (10) days after receipt of a written Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim, and supporting data. (e) No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 00710-19 11.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 113.1 By negotiated lump sum. 11.3.2 On the basis of the cost of the Work, determined as provided in Sections 11.4 and 11.5, plus a mutually agreed upon fee to the CONTRACTOR and to cover overhead and profit. 11.4 The term cost of the Work means the sum of all direct costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Dade County, shall include only the following items and shall not include any of the costs itemized in Paragraph 11.5. 11.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to: salaries and wages, plus the costs of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays shall be included in the above only if authorized by CITY. 11.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless CITY deposits funds with CONTRACTOR with which to make payments in which case the cash discounts, shall accrue to the CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine with the advice of CONSULTANT, which Bids will be accepted. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be determined in accordance with paragraphs 11.4 and 11.5. 11.4.4 Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.4.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.4.7 The cost of utilities, fuel and sanitary facilities at the site. 11.4.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.9 Cost of premiums for additional Bonds and Insurance required solely because of changes in the Work, 00710-20 not to exceed two percent (2 %) of the increase in the Cost of the Work 11.5 The term Cost of the Work shall not include any of the following: 11.5.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in subparagraph 11.4.1 - all of which are to be considered administrative costs covered by the CONTRACTOR'S fee. 11.5.2 Expenses of CONTRACTOR'S principal and branch offices other than his office at the site. 11.5.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in subparagraph 11.4.9). 11.5.5 Costs due to the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any of them of for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11. 5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for their overhead and profit shall be determined as follows: 11.6.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.6.2 A mutually acceptable fixed fee based on the estimate of the various portions of the Cost of the Work. 11.7 The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the net shall be computed to include overhead and profit, identified separately, for both additions and credit, provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. 11.8 Whenever cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will submit in form prescribed by CONSULTANT an itemized cost breakdown together with supporting data. ARTICLE 12 -_TIME FOR COMPLETION, LIOUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME 12.1 The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents and the Work shall be commenced on the date specified in the Notice to Proceed. 12.2 The CONTRACTOR will proceed with the Work at such rate of progress to insure full completion within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the CITY, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average 00710-21 climatic and economic conditions and other factors prevailing in the locality of the Work. 12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time granted by the CITY, then the CONTRACTOR will pay to the CITY the amount for liquidated damages as specified in the Agreement, Paragraph 6, for each calendar day that the CONTRACTOR shall be default after the time stipulated in the Contract Documents. 12.3.1 These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that wi11 be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above - stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 123.2 City is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.3.3 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by CITY for the CONSULTANT'S fees in administering the construction of the Project due to the failure of the CONTRACTOR to comply with the Contract Documents, to also include additional time beyond an approved extension of time granted to CONTRACTOR, whichever date is later. Such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of a unilateral Change Order issued by the CITY. 12.4 The Contract time may only be changed by a Change Order. Any claim for an extension in the CONTRACT TEvIE shall be based on written notice delivered to the CITY and CONSULTANT within five (5) days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Agreement. 12.6 No claim for delay shall be allowed because of failure to furnish Drawings until fourteen (14) days after demand to the CONSULTANT for such Drawings and not then unless such claim be reasonable. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Section 12.4. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of Work identified on the accepted schedule or updates resulting in: a) CONTRACTOR being unable to work at least fifty percent (50 %) of the normal workday on controlling items of Work identified on the accepted schedule or updates due to adverse weather conditions; or b) CONTRACTOR must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50 %)of the normal workday on controlling items of Work identified on the accepted schedule or updates. 12.8 No Damages for Delay: No claim for damages or any claim, other than for an extension of time as provided for in Section 12.4 shall be made or asserted against CITY by reason of any delays. CONTRACTOR shall not be 00710-22 entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. ARTICLE 13 - GUARANTEE 13.1 The CONTRACTOR shall guarantee and unconditionally warranty through either the manufacturer or the CONTRACTOR directly, all materials and equipment furnished (except for Seasonal Color Plants), and Work performed for a period of one and one half year (1 -1/2) from the date of Final Acceptance as indicated in the CONSULTANTS Letter OF Recommendation Of Acceptance. The CITY will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to promptly correct such defective or non - conforming Work, the CITY may cause the defective Work to be removed or corrected at the CONTRACTOR'S expense, and the CITY may charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1 shall be applicable. ARTICLE 14 - PAYMENTS AND COMPLETION Payments to Contractor 14.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the CONSULTANT a partial payment estimate filled out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY, as will establish the CITY'S title to the material and equipment and protect their interest therein, including applicable insurance. The CONTRACTOR shall replace at their expense any stored materials paid for which are either damaged or stolen before installation. The CONSULTANT will within ten (10) days after receipt of each partial payment estimate, either indicate in writing their approval of payment and present the partial payment estimate to the CITY, or return the partial payment estimate to the CONTRACTOR, indicating in writing their reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The CITY, will within thirty (30) days of presentation to them of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The CITY may retain ten (10) percent of the amount of each payment until final completion and acceptance of all Work covered by the Contract Documents. On completion and acceptance of a part of the Work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. Any interest earned on the retainage shall accrue to the benefit of the CITY. 14.2 The CITY shall have the right to demand and receive from the CONTRACTOR, before he shall receive final payment, final releases of lien executed by all persons, firms or corporations who have performed or furnished labor, services or materials, directly or indirectly, used in the Work. Likewise, as a condition to receiving any progress payment, the CITY may require the CONTRACTOR to furnish partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the Work during the period of time for which the progress payment is due, releasing such lien rights s those persons, firms or corporations may have for that period. 00710-23 Contractor's Warranty of Title 14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will have passed to the CITY prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens "); and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. Approval of Payment 14.4 The CONSULTANT'S approval of any payment requested in an Application for Payment shall constitute a representation by them to the CITY, based on the CONSULTANT'S on site observations of the Work in progress as an experienced and qualified design professional and on their review of the Application for Payment and supporting data, that the Work has progressed to the point indicated; that, to the best of their knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in their approval); and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving any such payment the CONSULTANT shall not thereby be deemed to have represented that they made exhaustive or continuous on -site observations to check the quality or the quantity of the Work, or that they have reviewed the means, methods, techniques, sequences and procedures of construction or that they had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to them on account of the Contract Price, or that title to any Work, materials, or equipment has passed to the CITY free and clear of any liens. 14.5 The CONTRACTOR shall make the following certification on each request for payment: " I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work or that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location, and payment received from the last request for payment has been used to make payments to all first tier Subcontractors and suppliers except as listed below ". 14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in their opinion, they are unable to make such representations to the CITY. They may also refuse to approve any payment, or because of subsequently discovered evidence or the results of subsequent inspection or tests, nullify any such payment previously approved, to such extent as may be necessary in their opinion to protect the CITY from loss because: 14.6.1 The Work is defective, or completed Work has been damaged requiring correction or replacement, 14.6.2 The Work for which payment is requested cannot be verified, 14.6.3 Claims or Liens have been filed or there is reasonable evidence indicating the probable filing thereof, 14.6.4 The Contract Price has been reduced because of modifications, 14.6.5 The CITY has been required to correct defective Work or complete the Work in accordance with Article 13. 14.6.6 Of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 00710-24 14.6.7 Of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 Of liquidated damages payable by the CONTRACTOR, or 14.6.9 Of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance the CITY, with the approval of the CONSULTANT and with the concurrence of the CONTRACTOR, mayuse any completed or substantially completed portions of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the CITY. 14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a certificate attached to the final payment request that the Work has been accepted by them under the conditions of the Contract Documents. The entire balance, found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the CITY, shall be paid to the CONTRACTOR within sixty (60) days of completion and acceptance of the Work. Acceptance of Final Pavment as Release 14.11 The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the CITY and a waiver of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the Work and for every act and neglect of the CITY and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR of their sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.1 The CITY may, at anytime and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to the CONTRACTOR and the CONSULTANT which shall fix the date on which Work shall be resumed. The CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if they make a claim therefor as provided in Articles 11 and 12. Work During Inclement Weather 15.2 No Work shall be done under these specifications except by permission of the CONSULTANT when the weather is unfit for good and careful Work to be performed. Should the severity of the weather continue, the CONTRACTOR upon the direction of the CONSULTANT, shall suspend all Work until instructed to resume operations by the CONSULTANT and the Contract Time pursuant to Section 12.7 shall be extended to cover the duration of the order. Work damaged during periods of suspension due to inclement weather shall be repaired and/or replaced by the CONTRACTOR. Any compensation for repairs or replacements shall be subject to approval of the CITY. Special Tropical Storm and /or Hurricane Precautions 15.3 During such periods of time as are designated by the CITY as being a tropical storm warning or alert, or such periods 00710-25 of time as are designated by the United States Weather Bureau as being a Hurricane warning or alert, all construction materials and equipment shall be secured against displacement by wind forces. Construction materials and equipment shall be secured by guying and shoring, by tying down loose materials, equipment and construction sheds. All furniture, racks, storage bins, pallets, materials, and similar loose objects in exposed outdoor locations, shall be securely lashed to rigid construction or stored in buildings. Orders shall be oral or written and shall be given to any person on the site most logically responsible for compliance. Such orders shall be carried out before high winds of tropical storm velocity (wind speeds higher than 39 miles per hour (34 knots) are anticipated. City May Terminate 15.4 If the CONTRACTOR is adjudged bankrupt or insolvent, or if they make a general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of their property, or if they file a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if they repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if they repeatedly fail to make prompt payments to Subcontractors or for labor, materials or equipment or they disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority of the CONSULTANT, of if they otherwise violates any provision of, the Contract Documents, then the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR and they surety seven (7) days written notice, terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever method they may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the CITY. Such costs incurred by the CITY will be determined by the CONSULTANT and incorporated in a Change Order. If after termination of the CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the CITY and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section 15.6. 15.5 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the CITY due the CONTRACTOR will not release the CONTRACTOR from liability. 15.6 Upon seven (7) days written notice to the CONTRACTOR and the CONSULTANT, the CITY may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Agreement. In such case, the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of the date of the termination. No payment shall be made for profit for Work which has not been performed. Removal of Equipment 15.7 In the case of termination of this Contract before completion for any cause whatever, the CONTRACTOR., if notified to do so by the CITY, shall promptly remove any part or all of his equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.8 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by the CITY or under an order of court of other public authority, or the CONSULTANT fails to act on any Application for Payment within thirty (30) days after it is submitted, or the CITY fails to pay the CONTRACTOR any 00710-26 sum approved by the CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then the CONTRACTOR may, upon twenty (20) calendar days written notice to the CITY and the CONSULTANT, terminate the Agreement. The CITY may remedy the delay or neglect within the twenty (20) calendar days time frame.. If timely remedied by the CITY the Contract shall not be considered terminated. In lieu of terminating the Agreement, if the CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid, the CONTRACTOR may upon ten (10) calendar days notice to the CITY and the CONSULTANT stop the Work until they have been paid all amounts then due. ARTICLE 16 - MISCELLANEOUS 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to them who gives the notice. 16.2 The Contract Documents shall remain the property of the CITY. The CONTRACTOR and the CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.36 and 14.3 and those in the Special Conditions and the rights and remedies available to the CITY and CONSULTANT thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should the CITY or the CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. ARTICLE 17 - WAIVER OF JURY TRIAL 17.1 CITY and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES /JURISDICTION/VENUE /GOVERNING LAW 18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any Florida State or federal court in any action or proceeding arising out of or relating to the Contract. Venue of any action to enforce the Contract shall be in Dade County, Florida. 18.3 If either the CITY or CONTRACTOR is required to enforce the terms of the Contract by court proceedings or otherwise, whether or not formal legal action is required, the prevailing party shall be entitled to recover from the other party all such costs and expenses, including, but not limited to, court costs, and reasonable attorney's fees. ARTICLE 19 - PROJECT RECORDS 19.1 CITY shall have right to inspect and copy during regular business hours at CITY `S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, 00710-27 financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon five (5) days written notice. ARTICLE 20 - SEVERABILITY 20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 - INDEPENDENT CONTRACTOR 21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the CONTRACTOR. END OF SECTION 00710-28 SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00810 SUPPLEMENTARY CONDITIONS In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as follows: Principal Consultant Landscape Architect of Record and City Landscape Architect: O'LEARY DESIGN ASSOCIATES, P.A Oak Plaza Professional Center 8525 SW 92 nd Street - Suite C 11 Miami, Florida 33156 (305) 596 -6096 END OF SECTION 00810-1 SECTION 01000 DIVISION 1 GENERAL REQUIREMENTS SECTION 01110 SUMMARY OF WORK The Work covered by the Specifications, Plans and other Contract Documents, shall be the furnishing and installing all materials, equipment, tools, and superintendence necessary for the complete in place Project as outlined in the Plans and Specifications and other contract documents and accepted by the CITY. More specifically: Furnishing and installing concrete paver improvements Furnishing and installing irrigation improvements Furnishing and installing landscaping and planting improvements END OF SECTION 01110-1 SECTION 01.146 SPECIAL COORDINATION FRANCHISED AND OTHER PRIVATE FACILITY COORDINATION CONTRACTOR shall contact the following classes of franchised utilities and private facility companies and those specifically identified on the Plans, 48 hours prior to beginning the Work. 1) Telephone Company(s) 2) Electric Power 3) Cable Television 4) Gas Company 5) Pipeline 6) Water Company(s) In addition CONTRACTOR shall call for line locate through "Call Before You Dig ", "Sunshine" or U.N.C.L.E. (Utility Notification Center Liaison Excavators) or other similar organizations. CONTRACTOR shall assist in whatever means necessary the franchised utilities to locate vertically and horizontally existing facilities. This may include without being limited to: 1) Probing 2) Excavating 3) Sounding END OF SECTION 01146-1 SECTION 01290 PROCESSING OF APPLICATION FOR PAYMENT Cut -off date is the close of the Work day of the 20th day of each month. CONTRACTOR shall submit by the 25th day of each month CONTRACTOR's completed Application and for Payment. Should the 25th fall on a weekend or holiday, CONTRACTOR shall submit his application on the next workday. CONTRACTOR is advised that processing of draws must follow this schedule, as the OWNER has funding requirements and other payment obligations which may prevent payment of late Application for Payment for that month's billing cycle. Late Application for Payment with a Recommendation for Payment by the CONSULTANT and approved by the OWNER will be paid in the next month's billing cycle. END OF SECTION 01290-1 SECTION 01325 CONSTRUCTION SCHEDULING 1.0 TIME OF SUBMISSION CONTRACTOR shall submit to the CONSULTANT and the CITY a Project C.P.M., within 15 Days of receipt of Notice Of Award. The Project C.P.M. (Critical Path Method) Schedule shall be a computer generated by Primavera SureTrak (latest edition) or equivalent with 100% SureTrak compatibility. 2.0 SCHEDULE REQUIREMENTS The schedule shall include at the minimum the following: Activity Identification Activity Description Activity Duration Remaining Duration Early Start / Early Finish Late Start / Late Finish Total Float Two reports shall be required: A Classic Tabular Form including items 1 -7 listed above A Bar Chart Report including items 1, 2, 3, and 5 listed above. The bar chart shall indicate the critical path and the relationship of the identified tasks. No activity shall exceed 10 working days. Activities shall be in such detail that the CITY and the CONSULTANT can understand the scope of the activities and the proposed / real progress. With regard to fabrication and / or delivery of materials to the site (long lead times ) the CONTRACTOR shall use a duration greater than 10 working days. The CONTRACTOR shall include the predessor / successor listings for all activities for initial review by the CONSULTANT and the CITY. The CITY may, at its sole discretion waive the requirement of the construction schedule. The C.P.M. Schedule shall include the Work outlined in the Project Manual and the Plans for the Project. It shall include a complete listing of all submittals, drawings, samples and technical specifications as required by the Project Manual and or the Plans. The requirements for submittals shall be directly related to their respective units of Work. The C.P.M. shall clearly indicate the CONTRACTORS delivery, the CONSULTANTS review and the delivery time after approval. Activities associated with Shop Submittals shall be grouped in accordance with the General Requirements of Shop Submittals and or the Technical Specifications for the Project. Durations applied to individual activities shall accurately depict the Work required. Capture of float time shall not be allowed. There shall only be one critical path within the C.P.M. Schedule. 3.0 METHOD OF SUBMISSION / REVISION CONTRACTOR shall submit (1) copy on diskette of all Project Files to the CITY for review. The 01325- 1 CONTRACTOR shall submit (5) hard copies of the report as outlined in 2.0 above (Classic and Bar Chart) to the CONSULTANT for review and comment. CONTRACTOR shall allow (14) calendar days for review. Following the completion of the review, CONTRACTOR shall address all comments from both the CONSULTANT and the CITY within (5) calendar days. 4.0 MONTHLY UPDATES The CONTRACTOR shall submit a revised C.P.M. Schedule to the CONSULTANT for review (5) working days prior to his monthly application for payment. The report shall indicate the current status of the Project. Failure to submit the up dated C.P.M. Schedule to the CONSULTANT will result in a delay of the processing of the payment application equal to the delay in the submittal. The CONTRACTOR shall submit the same number and type of schedules required in the initial submission. Updating of the schedule shall be based upon the remaining duration of the original schedule or as amended by change order. All % complete shall be calculated by the software. Percent of completion of individual activities shall be based upon the original duration. No amendment to the durations will be allowed, except as expressly allowed by the CITY. The data date shall be the (20) day of each month. The requirement for submission of the updated schedule shall occur until the Project is accepted in full by the CITY. 5.0 AMENDING THE C.P.M. SCHEDULE The C.P.M. Schedule may only be amended by executed change order. Amendments are subject to the review and acceptance of both the CITY and the CONSULTANT. No other amendments will be allowed. END OF SECTION 01325-2 SECTION 01336 SHOP DRAWINGS NUMBER OF COPIES REQUIRED For shop drawings and data which requires review, the minimum number of copies required is five (5). DISPOSITION OF SUBMITTAL DATA Data is reviewed and requires no correction will be marked "No Exceptions Taken" or "Approved" and distributed for Data construction and / or manufacture. Data that is reviewed and has only minor corrections will be stamped "Approved as Noted" and distributed for construction and / or manufacture. Data requiring more numerous changes or corrections will be marked "Revise and Resubmit ". When revised, the data will be stamped and distributed for construction. Data that contains substantial errors or omissions or which is not clearly legible will be marked "Revise and Resubmit" and will be returned for re submittal of corrected material. Data that does not conform to the Plans or meet the Specifications or fully equals the established standard will be marked 'REJECTED ". REVIEW PERIOD The CONSULTANT shall review submittals and respond to them within 10 working days of their receipt. END OF SECTION 01336- 1 SECTION 01412 STANDARD SPECIFICATIONS AND DETAILS TECHNICAL SPECIFICATIONS The Technical Specifications which govern the materials to be furnished and the Work to be performed under this contract are found in Divisions 1 - 16 listed in the Table of Contents at the beginning of the document. The Technical Specifications referred to above are supplemented by City Standard Specifications. In addition, when referred to, the Technical Specifications are supplemented by published standard specification, i.e., MetroDade WASD or FDOT Standard Specifications, all of which shall be treated as though incorporated herein. CONSTRUCTION DRAWINGS OR PLANS The Construction Drawings or Plans on which the Contract is based consist of those sheets enumerated in Section 00015 -1, List of Drawings. The Construction Drawings or Plans referred to above are supplemented by City Standards and Details. In addition, when referred to, the Construction Drawings or Plans are supplemented by published standard details, i.e., FDOT Standard Details etc., all of which shall be treated as though incorporated herein. END OF SECTION 01412-1 SECTION 01414 REGULATORY REQUIREMENTS LOCAL Comply with The City of Sunny Isles Beach, South Florida Building Code, Dade County Product Approval Process,Florida Department of Transportation, Dade County or North Miami Beach Water and Sewer Department standards for permits, materials, and workmanship, and all other governmental and quasi- governmental organizations that have jurisdiction over the work. STATE Comply with State Of Florida Laws and Regulations, as a minimum. The right is reserved by OWNER to allow all interested parties with a vested interest in the Work to have access to the Work. If inspections are to be performed by vested interested parties, CONTRACTOR shall assist in those inspections. This shall include inspection of Work in progress, completed Work, material on hand, and material manufactured but not shipped. FEDERAL Comply with, as a minimum: Department of Labor Occupational Safety and Health Administration Occupational Safety and Health Standards (29 CFR 1926/1910), Latest Edition Americans with Disabilities Act of 1990 Immigration Reform and Control Act 1986 FRL- 4202 -4EPA - Final NPDES General Permits for Storm Water Discharge END OF SECTION 01414-1 SECTION 01422 ABBREVIATIONS The following abbreviations and symbols may be used in the Specifications and Drawings. The CONTRACTOR shall notify the ENGINEER if the meaning of any abbreviation or symbol is unclear. A.C. Asbestos- Cement Asph. Asphalt Assy. Assembly @ At Ave. Avenue B.L. or B. Base Line Bot. or Btm. Bottom B.F. Blind Flange B.F. Butterfly Valve C.I. Cast Iron C.I.P. Cast Iron Pipe CL. Clear C.L. or C Center Line Conc. Concrete C.M.U. Concrete Masonry Unit C.O. Clean out Cond. Conduit Corr. Corrugated C.M.P. Corrugated Metal Pipe Cu. Cubic C.F. Cubic Feet C.F.M. or cftn Cubic Feet Per Minute C.F.S. or cfs Cubic Feet Per Second C.Y. Cubic Yard Culv. Culvert D.I.P. Ductile Iron Pipe Dia. or Diameter Dr. Driveway Dwls. Dowels Degree EA or Ea Each E.F. Each Face Elev. or EL. Elevation F. Fahrenheit Fig. Flange F.L. or F Flow Line Ft. or' Foot or Feet Furn. Furnish Gal. Gallon Galv. or G. Galvanized G.I.P. Galvanized Iron Pipe Gkt. Gasket G.P.M. or gpm Gallons Per Minute G.V. Gate Valve H.D.G. Hot Dipped Galvanized Hor. Horizontal 01422-1 In. or " Inches I.D. Inner or Inside Diameter Inst. Install Lin. Linear L.F. or LF Linear Feet L.S.G. Co. Lone Star Gas Company Lb. or # Pound "M° Dimension Determined by Equipment Used M.H. or MH Manhole M.J. or MJ Mechanical Joint Max. Maximum Minutes Min. Minimum M.G.D. or mgd Millions Gallons per Day Mono. Monolithic N.A.S.P.I. Not a Separate Pay Item No. or # Number O.C. On Center O.C.E.W. On Center Each Way O.S.H.A. or OSHA Occupational Safety and Health Administration O.D. Outer or Outside Diameter / Per % Percent Phase or Diameter P.E. or PE Plain End P.S.I. or psi Pounds Per Square Inch P.V.C. Polyvinylchloride R. Radius R.C.P. Reinforced Concrete Pipe R.C.C.P. Reinforced Concrete Cylinder Pipe Reinf Reinforced Rem. Remove Rep. or Repl. Replace R/W or R.O.W. Right -of -Way Sani. Sanitary ft Seconds Spa Spacer or Spacing Sq. Square S.F. Square Feet S.Y. Square Yard S.S. Stainless Steel Std. Standard St. Street or Storm Str. Strength of Structure S.L. or S Survey Line Sym or S Symmetrical T.D.H. Total Dynamic Head Typ. Typical V.C.T. Vitrified Clay Tile Vert. Vertical Vol. Volume 01422-2 W/ With W.W.F. Welded Wire Fabric Yd. Yard END OF SECTION 01422-3 SECTI ®N 01424 REFERENCES AND STANDARDS Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society, organization, or body, it shall be construed to mean the latest standard, code, specification, or tentative specification adopted and published at the time of advertisement for bids, even though reference has been made to an earlier standard. Such standards are made a part hereof to the extent which is indicated or intended. The following are names and abbreviations of such groups: AASHTO for American Association of State Highway and Transportation Officials ACI for American Concrete Institute AGMA for American Gear Manufacturers Association AIEE for American Institute of Electrical Engineers AISC for American Institute of Steel Construction ANSI for American National Standards Institute ASCE for American Society of Civil Engineers ASA for American Standards Association ASHE for American Society of Heating and Ventilating Engineers ASME for American Society of Mechanical Engineers ASTM for American Society for Testing Materials AWPA for American Wood Preservers Association AWSC for American Welding Society Code AWWA for American Water Works Association CIPRA for Cast Iron Pipe Research Association Fed. Spec. for Federal Specification FDOT for Florida Department of Transportation NAA for National Arborist Association Navy Spec. for Navy Department Specification NEC for National Electric Code NEMA for National Electrical Manufacturers Association OSHA for Occupational Safety and Health Administration SAE for Society of Automotive Engineers Association U.L. Inc. for Underwriter's Laboratories, Inc. SHBI for Steel Heating Boiler Institute END OF SECTION 01424-1 SECTION 01450 QUALITY CONTROL UNFAVORABLE CONSTRUCTION CONDITIONS During unfavorable weather, wet ground, or other unsuitable construction conditions, the CONTRACTOR shall confine his operations to Work which will not be affected adversely thereby. No portion of the Work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the CONTRACTOR to perform the Work in a proper and satisfactory manner. 01450-1 SECTION 01500 TEMPORARY FACILITIES CONTRACTOR shall provide and pay for all temporary facilities required for the project. This shall include but not be limited to: 1. Temporary electricity 2. Temporary water, including irrigation water during the warranty period 3. Temporary sanitary facilities 4. Temporary compound 5. Temporary telephone service Materials stored about the Project shall be placed so as to not cause any greater inconvenience or safety hazard to the traveling public than is considered necessary by the ENGINEER and The City. Should The City consider any material stored on the Project a safety hazard or an unjustified inconvenience to the traveling public the CONTRACTOR shall, within 24 hours of notification, remedy the unacceptable storage condition to the satisfaction of The City. The right is reserved by the City to remedy the unsatisfactory storage condition, in the case of emergencies. The cost of which will be deducted fi-orn monies due or to become due the CONTRACTOR. END OF SECTION 01500-1 SECTION 01550 TRAFFIC CONTROL Unless specifically provided otherwise, the CONTRACTOR shall comply with the following as a minimum. Where the Work is carried on, in or adjacent to any road, street, alley, or public place, the CONTRACTOR shall at his own cost and expense furnish and erect such barricades, fences, lights, danger signals, shall provide such watchmen, and shall provide such other precautionary measures for the protection of persons or property and of the Work as are necessary. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise the CONTRACTOR shall furnish and maintain at least one light at each barricade and sufficient number of barricades shall be erected to keep vehicles from driving on or into any Work under construction. The CONTRACTOR shall furnish watchmen in sufficient numbers to protect the Work. All lights, barricades, or other similar protective or directional devices shall be furnished, installed, operated, maintained, and removed in strict accordance with the standards established under State Of Florida Roadway Design and Construction Standards and USDOT Manual of Uniform Traffic Control Devices, latest edition. The CONTRACTOR will be held responsible for all damage to the Work due to failure of barricades, signs, lights, and watchman to protect it, and whenever evidence is found of such damage, the CONTRACTOR shall immediately remove the damaged portion and replace it at his cost and expense. The CONTRACTOR's responsibility for the maintenance of barricades, signs, and lights, and for providing watchmen shall not cease until the Project shall have been accepted by The City. All traffic control devices including but not limited to: 1. Signs 2. Delineateors Barricades shall conform to the latest edition of US DOT MUTCD and any regulations established by the State of Florida and the City of Sunny Isles Beach. Where barricades are to remain in place during the night, battery operated amber flashing lights shall be attached to the barricades and shall be check each night to ensure operation. The CONTRACTOR shall designate responsible employee to see that lights are operating at all times. The CONTRACTOR shall use only battery powered lights, enclosed lanterns or other lights satisfactory to the CONSULTANT and The City. No roadway shall be closed overnight. CONTRACTOR shall provide a safe passable roadway. Roadways shall be passable with at least one lane of traffic. CONTRACTOR shall submit to the CITY for review and approval a staged traffic control plan clearly delineating all traffic control during the entire duration of the Project. To the greatest extent possible the CONTRACTOR's Work and resulting traffic control plan shall be segmented to reduce the impact on local traffic. CONTRACTOR is advised that pedestrian traffic is present in the Project boundaries. As such, the traffic control plan shall incorporate design considerations accordingly. The traffic control plan shall be signed and sealed by a Professional Engineer, registered in the state of Florida. With regard to driveway closures, a 14 day written notification of property owner is required prior to commencing construction on private property and or in drive ways. CONTRACTOR is advised that traffic control and unimpeded access to private property in close proximity to the PROJECT is of great concern to the CITY. As such, should the CONTRACTOR require extended WORK hours or 01550- 1 other consideration that would expedite the PROJECT, he should include them with his MOT. Approval of any extension of normal work hours and or other considerations shall only be allowed, when at the sole discretion of the CITY, it is in the best interest of the PROJECT as a whole and that of the CITY. END OF SECTION 01550-2 SECTION 41565 TEMPORARY TREE AND PLANT PROTECTION The CONTRACTOR shall make every reasonable effort to protect all trees within the Project. No tree, outside of the Project, shall be removed without the approval of CITY. Minor adjustments in alignment may be allowed to protect trees. CONTRACTOR shall not park under the tree canopy. CONTRACTOR shall limit running equipment under canopy to the absolute minimum and when possible shall erect barriers to keep equipment out from under the tree canopy. CONTRACTOR will be assessed a penalty of $1000.00 dollars per tree, for each tree damaged by negligent construction operations. END OF SECTION 01565- 1 SECTION 01660 FACILITY TESTING FIELD TESTS As soon as conditions permit, the CONTRACTOR shall furnish all labor, materials, and instruments and shall perform field tests of installed items. If the field tests disclose any item of Work under this contract which does not comply with the requirements of the contract documents the CONTRACTOR shall, prior to the acceptance testing or continuation of portions or the Work as determined by the ENGINEER, make all changes, adjustments, and replacements required. Water, sanitary sewer and storm drainage improvements constructed under this contract will be subject to, as a minimum, the following tests: FINAL FIELD TESTS Upon completion of the Work and prior to final payment, all items of Work under this contract shall be subject to acceptance tests as specified or required by the ENGINEER to comply with the contract documents. The CONTRACTOR shall furnish labor, fuel, energy and all other materials, equipment and instruments necessary for all acceptance tests, at no additional cost to the OWNER. END OF SECTION 01660-1 SECTION 01700 CLOSE OUT DOCUMENTS CONTRACTOR shall provide at the minium the following documents at the completion of the Project. 1. 1- Copy signed and sealed of material test reports, including 28 day breaks for concrete 2. 4 - Paper copies of the Project "As Built" Survey prepared in CAD format. 3. 4. 1 - Mylar of the "As Built" Survey 5. 1 CAD disk of the "As Built Survey" in AutoCAD 14 or newer. Scan disks are not allowed. 6. Operating manual, parts lists and warranties for equipment installed. 7. Final inspection release from the Building Department for all irrigation and electrical equipment installed. 8. Release of lien from all subcontractors and materialmen. 9. Release from surety for final payment. 10. Final release of lien from the Contractor. 11. Completion of all punch list items 12. Acceptance by all permitting and interested agencies END OF SECTION 01700-1 SECTION 02000 DIVISION 2 SITEWORK SECTION 02222 RIGHTS OF WAY PREPARATION PART 1 - GENERAL 1.01 SECTION INCLUDES All materials, labor, equipment, tools, and superintendence necessary to provide preparation of the rights of way for landscape and lighting. 1.02 DEFINITIONS Preparation of the Rights of Way shall be defined as the removal and disposal of all surface and subsurface obstructions from the rights of way and designated easements, where removal of all such obstructions is not otherwise shown on the plans and or stipulated in the specifications. Such obstructions shall be considered to include remains of houses, foundations, floor slabs, concrete, brick, lumber, plaster, septic tank drain fields, basements, abandoned utility pipes or conduits, equipments, fences, and retaining walls. These items shall also include the removal of trees and shrubs and other landscape features not designated for preservation, stumps, brush, roots, vegetation, logs, curb and gutter, driveways, street paving, paved parking areas, miscellaneous stone, sidewalks, drainage structures, manholes, catch basins, abandoned railroad tracks, scrap iron. 1.03 SITE CONDITION The site is on SR A -1 -A (Collins Avenue), a heavily traveled arterial highway. PART 2 - PRODUCTS Not included in this section. PART 3 - EXECUTION 3.01 PROTECTION All areas, as shown on the plans, shall be cleared of all structures obstructions as defined above. Those trees, shrubs and other landscape features specifically designated for preservation shall be carefully protected from abuse, marring or damaged during construction operations. Continual parking and servicing of equipment under the drip line or canopy of trees marked for preservation is not permitted. When trees and shrubs are designated for preservation and require pruning, they shall be trimmed as directed by the CONSULTANT. 3.02 INSTALLATION Removal Irrigation, Landscape and Backfill shall be removed in a proper sequence for maintenance of traffic and drainage. 2. Backfill Holes remaining after removal of all obstructions, objectionable material, tree stumps, tec., shall be backfilled and shall be reestablished to approximately the same as existed prior to removal of the obstruction. END OF SECTION 02222 -1 SECTION 02319 EXCAVATING, BACKFILLING, AND COMPACTING FOR PAVING PART 1 GENERAL 1.01 SECTION INCLUDES All material, labor, equipment, tools and superintendence necessary to furnish and install excavating, backfilling, and compacting for paving, complete in place. 1.02RELATED SECTIONS 1. Section - 01452 Material Testing 1.03 SITE CONDITIONS Site is subject to frequent inundating rains, and may be subject to localized flooding and surface flows. Site is subject to groundwater conditions which may impede the Work sequence. PART2PRODUCTS Not Included PART 3 EXECUTION 3.01 PREPARATION Clear, grub and strip site and prepare the site prior to commencement of grading operations 3.02LINE AND GRADE All fill and excavation to be graded to subgrade (+ / - ) 0.10 foot. Contractor shall be responsible for final grading, smoothing and final clean-up of all areas regardless of work performed by other Contractors. Final limerock and subgrade grade shall be established by "Blue Top" method. 3.02EXCAVATION SPOIL All spoil from excavation, except as may be determined by the Consultant to be unsuitable, shall first be placed in the fill areas and the excess disposed of offiste. 3.03 BENCHING Contractor shall tie all fills into undisturbed bank with benches of not less than 2H:1 V, with a minimum H =2' -0. 3.04DEPTH OF FILL: Contractor shall place fill in level, uniform layers. Each layer shall have a uniform loose thickness of not more than ten (10) inches and /or a maximum compacted thickness of not more than six (6) inches, whichever is less. 3.05MOISTURE CONTENT Contractor shall prepare and bring each layer of fill to ( + / -) 3% of optimum moisture. Where soils are placed in water the requirement for moisture control will be waived until such time as l' -0 foot of comparative dry fill can be placed. At that time, moisture control and density control will begin again. The testing laboratory shall determine soils type and required moisture content. Where moisture fails to 02319-1 meet specified limits, Contractor shall rework, re- compact, and retest failed areas as follows: High Moisture Content: Should moisture content exceed established maximum moisture content, Contractor shall spread, disk, aerate, and / or otherwise cause the moisture content to be reduced to within uniform maximum allowable limits. Low Moisture Content: Should moisture content not reach established minimum moisture content, Contractor shall disk, sprinkler, water, mix, and /or otherwise bring the moisture content to within uniform minimum allowable limits. 3.06COMPACTION Contractor shall compact and / or otherwise manipulate each layer of fill using a vibratory compactor such that a uniform compaction of not less than 100% of maximum dry density, per AASHTO T -99. Where compaction fails to meet specified Iimits, Contractor shall rework, re- compact, and retest failed areas. 3.07FIELD QUALITY CONTROL Provide passing density / moisture tests in accordance with Section 01452, testing schedule. END OF SECTION 02319-2 SECTION 02722 STABILIZED SUBGRADE PARTI GENERAL 1.01 SECTION INCLUDES This section consists of the construction of a stabilized roadway subgrade for those areas to be paved under this Project. 1.02 RELATED SECTIONS 1. Section - 02319 Excavating, Backfilling and Compacting For Paving 1.03 REFERENCES Florida Department OF Transportation, Standard Specifications for Road and Bridge Construction. Section 160 - Stabilizing 1.03 SITE CONDITIONS Site is subject to frequent inundating rains, and may be subject to localized flooding and surface flows. Site is subject to groundwater conditions which may impede the Work sequence. PART 2 PRODUCTS 2, 01. MATERIALS In accordance with Florida Department OF Transportation, Standard Specifications for Road and Bridge Construction. Section 160 - Stabilizing Type "B" PART 3 - EXECUTION 3.01 INSTALLATION: ` Construct in accordance with Standard Specifications for Road and Bridge Construction. Section 160 - Stabilizing. 3.02 MOISTURE CONTENT: Contractor shall prepare and bring each layer of fill to ( + / -) 3% of optimum moisture. The testing laboratory shall determine soils type and required moisture content. Where moisture fails to meet specified limits, Contractor shall rework, re- compact, and retest failed areas as follows: 1. High Moisture Content: Should moisture content exceed established maximum moisture content, Contractor shall spread, disk, aerate, and / or otherwise cause the moisture content to be reduced to within uniform maximum allowable limits. 2. Low Moisture Content: Should moisture content not reach established minimum moisture content, Contractor shall disk, sprinkler, water, mix, and /or otherwise bring the moisture content to within uniform minimum allowable limits. 02722-1 3.03 COMPACTION Contractor shall compact and / or otherwise manipulate each layer of fill using a vibratory compactor such that a uniform compaction of not less than 100% of maximum dry density, per AASHTO T -180 (Modified Proctor). Where compaction fails to meet specified limits, Contractor shall rework, re- compact, and retest failed areas. 3.04 FIELD QUALITY CONTROL Provide passing density / moisture tests in accordance with Section 01452, testing schedule. END OF SECTION 02722-2 SECTION 02725 LIMEROCK BASE PART1 GENERAL 1.01 SECTION INCLUDES This section shall include all materials, labor, equipment, tools and superintendence necessary to furnish and install compacted limerock base complete in place. 1.02 RELATED SECTION 1. Section 02722 - Stabilized Subgrade 2. Section 02319 - Excavating, Backfilling, and Compacting for Pavement 1.03 REFERENCES Florida Department OF Transportation, Standard Specifications for Road and Bridge Construction. Section - 911 Lime Rock Material For Base and Stabilized Base 1.04 SITE CONDITIONS Site is subject to frequent inundating rains, and may be subject to localized flooding and surface flows. Site is subject to groundwater conditions which may impede the Work sequence. 1.05 SUBMITTAL Submit to the Consultant for review and approval "As Built" topographic surveys of all final grades constructed. Approval must be obtained from the Consultant prior to commencement of any construction activity, ie: paving, structures and top soil, which may be impacted by the survey. PART 2 - PRODUCTS 2.01 MATERIALS In accordance with FDOT Section - 911 Lime Rock Material For Base and Stabilized Base. Limerock material shall have an average LBR value of not less than 100. The minium calcium carbonate content shall be 70. PART 3 - EXECUTION 3.01 INSTALLATION: Construct in accordance with FDOT Section - 911 Lime Rock Material For Base and Stabilized Base. 3.02 MOISTURE CONTENT: CONTRACTOR shall prepare and bring each layer of fill to ( + / -) 3% of optimum moisture. The testing laboratory shall determine soils type and required moisture content. Where moisture fails to meet specified limits, CONTRACTOR shall rework, re- compact, and retest failed areas as follows: 1. High Moisture Content: Should moisture content exceed established maximum moisture content, CONTRACTOR shall spread, disk, aerate, and / or otherwise cause the moisture content to be reduced to within uniform maximum allowable limits. 02725-1 2. Low Moisture Content: Should moisture content not reach established minimum moisture content, CONTRACTOR shall disk, sprinkler, water, mix, and /or otherwise bring the moisture content to within uniform minimum allowable limits. 3.03 COMPACTION CONTRACTOR shall compact and / or otherwise manipulate each layer of fill using a vibratory compactor such that a uniform compaction of not less than 98% of maximum dry density, per AASHTO T -180 (Modified Proctor). Where compaction fails to meet specified limits, CONTRACTOR shall rework, re- compact, and retest failed areas. 3.04 FIELD QUALITY CONTROL Provide passing density / moisture tests in accordance with Section 01452, testing schedule. END OF SECTION 02725-2 SECTION 02774 PORTLAND CEMENT CONCRETE CURB and GUTTER PART1 GENERAL 1.01 SECTION INCLUDES All materials, labor, equipment, tools and superintendence necessary to furnish and install concrete curbs. 1.02 REFERENCE 1. Florida Department OF Transportation, Standard Specifications for Road and Bridge Construction. Section 520 Concrete Gutter, Curb Elements and Traffic Separator 2. Florida Department OF Transportation, Roadway and Traffic Design Standards, Curb and Curbs and Pavement Joints 1.03 SUBMITTAL Submit mix design. PART 2 PRODUCTS 2.01 MATERIAL FDOT Section 520- Concrete Gutter, Curb Elements and Traffic Separator PART 3 EXECUTION 3.01 INSTALLATION 1. Typical Section and Layout - City Standard Detail. 2. FDOT Section 520- Concrete Gutter, Curb Elements and Traffic Separator 3. FDOT, Roadway and Traffic Design Standards, Curb and Curbs and Pavement Joints END OF SECTION 02774-1 SECTION 02775 REINFORCED AND NON - REINFORCED CONCRETE FLAT WORK PART1 GENERAL 1.01 SECTION INCLUDES All materials, labor, equipment, tools and superintendence necessary to furnish and install concrete flat work including but not limited to sidewalks and drives. 1.02 REFERENCE Florida Department OF Transportation, Standard Specifications for Road and Bridge Construction. Section 522 Concrete Sidewalks 1.03 SUBMITTAL Submit mix design. PART 2 PRODUCTS 2.0I MATERIAL In accordance with FDOT Standard Specifications for Road and Bridge Construction. Section 522 Concrete Sidewalks PART 3 EXECUTION 3.01 INSTALLATION 1 Typical Section and Layout - City Standard Detail 2 Installation in accordance with FDOT Standard Specifications for Road and Bridge Construction. Section - 522.7 END OF SECTION 02775-1 SECTION 02784 CONCRETE UNIT PAVERS PART1- GENERAL 1.01 SECTION INCLUDES Section includes all material, labor, equipment, tools and superintendence necessary to furnish and install interlocking concrete turf blocks complete in place 1.02 RELATED SECTION 1. Section 02722 - Stabilized Subgrade 2. Section 02725 - Lime Rock Base 3. Section 02774 - Portland Cement Concrete Curb and Gutter 1.03 SUBMITTALS Shop Drawings: Submit shop drawings of the paving pattern as indicated on the drawings. Sample Panel: At a location to be approved by the Consultant, the Contractor shall construct a sample panel, 10' x 10', using the concrete turf blocks and methods proposed for use in the finished Work. The Contractor shall rebuild or review the sample panels as often as required to obtain the Consultant's approval of the pavers, pattern, cleaning and workmanship. The panel shall not be altered, moved or destroyed without the Consultant's approval. Testing: Destructive testing reports for representative samples of unit pavers at no less than a ratio of 1 unit per 5,000 SF of surface area of installed pavers shall be forwarded to Consultant by an approved independent local testing firm contracted by Contractor prior to shipment and delivery to site. Test results to be in accordance with ASTM C936 -82. 1.04 QUALITY ASSURANCE Contractor constructing paver work must have 24 months of previous continuous experience, under the same corporate name, in the installation of compressed concrete paver units in the State of Florida. PART 2 - PRODUCTS 2.01 MANUFACTURERS Approved manufacturer's include, but are not limited to, the following: 1. Paver Module -Pompano Beach, Florida. 2.02 CONCRETE PAVERS Interlocking concrete turf blocks shall be composed of compressed concrete and meet or exceed performance standards set by Paver Module Turfstone or approved equal. Pavers shall be in 02784-1 conformance with ASTM C936 -82. 2.03 MATERIAL FOR BASE and EDGE BAND 1. Road Base In accordance with: 1. Stabilized Subgrade Section 02722 2. Limerock Base Section 02725 2. Concrete Edge Band In accordance with: 1. Section 02774 Portland Cement Concrete Curb and Gutter 3. Laying Course Sand: Fine aggregate shall be clean, hard sand with durable particles and free from adherent coatings, lumps of clay, alkali salts and organic matter. PART 3 - EXECUTION 3.01 ROAD BASE AND EDGE BAND INSTALLATION 1. Road Base Install in accordance with: 1. Stabilized Subgrade Section 02722 2. Limerock Base Section 02725 2. Concrete Edge Band In accordance with: 1. Section 02774 Portland Cement Concrete Curb and Gutter 3.02 SETTING BED INSTALLATION 1. Place laying course, compact and screed to a minimum thickness of 1/2 ". 2. Set interlocking concrete turf blocks hand tight, being careful not to disturb leveling base. Use string lines to keep straight lines. Use block splitter to cut edges ,when full -size units cannot be used. 3. Fill apertures with approved top soil and seed. END OF SECTION 02784-2 SECTION 02810 IRRIGATION SYSTEM PART 1 - GENERAL 1.01 WORK INCLUDED A. The median islands on Collins Avenue have an existing `Wethose' subsurface irrigation system. This system is operational in the majority of the median islands, however, a portion of this system has to be repaired and retrofitted. This means that in many of the medians additional lateral lines need to be added. In addition, there are numerous areas to be landscaped that have no irrigation. These areas will require new water service and a new `Wethose' irrigation system. B. The Landscape Contractor will be responsible for the following tasks: In collaboration with the City Public Works Department, complete a field analysis and review of the existing subsurface irrigation system. This analysis is to be completed by a knowledgeable irrigation supervisor and will serve as the basis for the addition to and retrofitting of, the existing irrigation system. This Irrigation Supervisor must be a Dade County licensed Irrigation Plumber. 2. Preparation of a detailed irrigation plan, at a suitable scale, for detailing the proposed water service and new subsurface irrigation system proposed for the areas presently devoid of irrigation, including required directional bores. Preparation of a conventional irrigation system plan, at a suitable scale, detailing a new irrigation system on the west side of Collins Avenue adjacent to the west perimeter fence, between station points 102 +40 to 114 +20. C. The Irrigation Plans defined above will be presented to the City's Landscape Architectural Consultant for review and approval prior to start of work. PART 2 - EXECUTION A. The work defined above will be paid for based on the unit prices bid in the Schedule of Values (page 00410 -4 and 00410 -5 ). 02810 -1 SECTION 02900 PLANTING PART 1 - GENERAL 1.01 RELATED DOCUMENTS: A Drawings and provisions of the Contract, including General and Supplementary Conditions and Division -1 Specification sections, apply to Work of this section. 1.02 RELATED WORK A. Irrigation System - Section 02810. B. Concrete Unit Pavers - Section 02784 1.03 QUALITY ASSURANCE A. Qualifications of Workers: Provide at least one person who shall be present at all times during execution of this portion of the Work, who shall be thoroughly familiar with the type of materials being installed and the best methods for their installation and who shall direct all Work performed under this section. B. Standards: The following (where applicable) form a part of these specifications: Grades and Standards for Nursery Plants, Part I and H: Florida State Department of Agriculture (latest edition). 2. Standardized Plant Names: American Joint Committee on Horticultural Nomenclature, 1942. 3. Hortus: Bailey (1969), Second Edition. 4. Exotica: A.B. Graff, Series 3, 9th Edition. C. Obtain written acceptance from CONSULTANT for any variation from the above or specified requirements before proceeding. D. All planting materials shall meet or exceed specifications of Federal, State, and County laws requiring inspection for plant disease and insect control. 1.04 SUBMITTALS A. Unit Prices: Within 10 (ten) days after award of Contract, and before any planting materials are delivered to the job site, submit to the CONSULTANT a complete itemized price list of all items proposed to be installed. CONSULTANT reserves right to add or delete materials at unit prices given to adjust lump sum Contract price. Unit prices shall be a breakdown of landscaping Contract price. Claims as to unsuitability or unavailability of any specified materials or species will not be considered unless such claims are made in writing to the CONSULTANT and submitted 10 02900 -1 (ten) days prior to Bid due date.. The CONTRACTOR shall demonstrate complete conformance with requirements of this section in submitting price list. This provision of unit prices shall in no ways be construed as permitting substitution for specific items described on the drawings or these specifications unless substitution has been accepted in writing and in advance by the CONSULTANT. B. Material Review and Certification: 1. The CONSULTANT shall review all materials identified as "matched ", "tree form" or "specimen ", or as defined in these specifications, at the nursery source to verify species, vigor, size, condition, shape, quantity, for compliance with specification and drawings. Request for nursery review shall be received at least five days prior to the desired review date. CONTRACTOR shall tag all trees and palms before inspection. 2. Photographs or representative, individual samples to the satisfaction of the CONSULTANT, shall be submitted for review and acceptance of all other plant materials. Samples of plants shall be submitted to the CONSULTANT for review as indicated on the plans, or as requested by CONSULTANT. 3. Inspection certificates shall accompany the invoice of each shipment or order of stock, as may be required by law for transportation. Upon completion of installation deliver all certificates to CONSULTANT. 4. Submit one quart sample of specified mulch and planting soil for review and acceptance by CONSULTANT. 1.05 MATERIAL HANDLING A. Delivery and Storage Deliver all items to the site with all labels intact and legible at time of CONSULTANT'S inspection. 2. Immediately remove from the site all materials which do not comply with the provisions of this section of these specifications. Use all means necessary to protect materials before, during and after installation and to protect installed Work and materials of all other trades. B. Replacements: In the event of damage or rejection, immediately make all repairs and replacements necessary to the acceptance of CONSULTANT at no additional cost to CITY. PART2- PRODUCTS 2.01 MISCELLANEOUS MATERIALS A. Planting Soil: For plants and trees, use a weed and rock free mixture of 60 (sixty) percent fresh water sand (medium to coarse grade) and 40 (forty) percent Florida Horticultural Grade Peat thoroughly mixed with a commercial shredder/blender or equivalent. 02900 -2 I . Peat shall consist of ninety percent (90 %) organic peat and shall be suitable for horticultural purposes. 2. Peat shall be brown in color, clean, low in content of mineral and woody material, pH 4 to 5, and shall be shredded into particles not larger than one -half inch (1/2 ") in diameter. 3. Peat shall contain no more than thirty-five percent (35 %) moisture and the ash content not exceed ten percent (10 %) and free from weedy grasses, sedges, rushes, or mineral matter harmful to plant growth. 4. Material shall be proportioned by volume rather than weight. 5. Site mixing will not be acceptable. 6. Sand shall be free of silt and sludge. 7. Mixture shall be free of rocks greater than one -half inch (1/2 ") inch in size, limbs, roots and other deleterious matter. 8. The CONSULTANT reserves the right to reject topsoil utilized at any time during the execution of Work that does not meet specification. B. Topsoil: For sod areas, use a weed and rock free mixture of 80 (eighty) percent fresh water sand (medium to coarse grade) and 20 (twenty) percent inland glades muck thoroughly mixed with a commercial shredder /blender or equivalent. 1. Material shall be proportioned by volume rather than weight. 1 Site mixing will not be acceptable. 3. Sand shall be free of silt and sludge. 4. Mixture shall be free of rocks greater than '/z inch in size, limbs, roots and other deleterious matter. 5. The Consultant reserves the right to reject topsoil utilized at any time during the execution of Work that does not meet specification. C. Topsoil: For seasonal color, use a weed and rock free mixture of soilmix #3 with the following additives: 50% florida peat, 30% pine bark, 20% hardwood pines, 5% sand, 92 talstar, #1 micro mix, 92 (6 -6 -6), #5 actino -grow and a 6.5 ph by Florida Potting Soils Inc. or approved equal (1- 800 -683- 7700). D. Fertilizer used for planting backfill admixture shall be 21 Gram Agriform planting tablets used at a rate recommended by the manufacturer, unless otherwise specified herein. Include Terra -sorb super absorbent polymer in backfill. Follow manufacturer's recommendations for amount. E. Backfill for Coconut Palm Planting: Clean, salt and weed free, sharp sand. Material from salt or brackish water will not be acceptable. F. Water: The CONTRACTOR shall be responsible for water supply up through final acceptance of the Work. G. Tree Guying: Guying shall be double strand, 12 gauge galvanized steel wire; minimum 3/4 inch, fiber bearing 2 ply, rubber garden hose; pressure treated, 2 inch x 4 inch x 1 foot (deadman) Southern Yellow Pine free of knots, rot or other weakening characteristics; 3 inch galvanized steel turnbuckles; and plastic flagging. (See details on plans). H. Peat: Shall be Spaghnum peat moss for horticultural use. Mulch: Shall be Reclaimed Wood `Red' Mulch consisting ofreclaimed wood blended with clean virgin round -woods (slash, pine, banyan, black olive, seagrape, etc.) which have been ground (not chipped), 02900 -3 sized, and colored with a premium non - toxic, environmentally -safe colorant. This mulch does not contain any melaleuca and is manufactured by Amergrow Recycling (561) 499 -8148, or approved equal. Bracing: Palms shall be braced using the following items: (4) 2x4x2' -0" pressure - treated Southern Yellow Pine bracing pads; (4) 2x4 pressure- treated Southern Yellow Pine wood braces; (5) 2x4x10" wood battens; hi- carbon steel banding; (5) layers of burlap wrapping. K. Anti- transparent: "Dowax ", "Wilt- Pruf', or equivalent. L. St. Augustine Floratam Sod: 1. Sod strongly rooted and free of pernicious weeds. 2. Mow sod to a height not to exceed 1 -1/2 inches before lifting. 3. Lifts shall have uniform thickness with not over 1 -1/2 inches nor less than one inch of soil. 4. Sod containing nutgrass, lippia, water sedge and dollar weed is not acceptable. 2.02 PLANT MATERIAL A. The words "plant materials" or "plants" refer to and include trees, palms, and herbaceous materials. B. Plant species shall conform to those indicated on the drawings. C. Plant Quality: 1. Plants shall be freshly dug, balled and burlapped nursery grown stock or container grown nursery stock. All plants shall be free of broken, damaged root balls or root bound conditions. Plants shall be sound, healthy, vigorous, free from plant diseases, insect pests or their eggs, and shall have healthy normal root systems. 2. Collected plants shall not be used unless authorized in writing by the CONSULTANT. 3. All plant material not otherwise specified as being Florida Fancy, shall be Florida No. 1 or better quality, graded in accordance with Grades and Standards for Nursery Plants, published by the State of Florida, Department of Agriculture. Plants judged to be not in accordance with said standards will be rejected. 4. Caliper measurement, height measurement, height relation to caliper, spread, bare root and ball dimensions, number of canes, and related requirements shall confirm to the applicable standards above. 5. Substitutions in plant species or sizes shall be made only after written authorization by the CONSULTANT. 6. Any materials and /or work may be rejected if, in the opinion of the CONSULTANT, such Work does not meet the requirements of the specifications. All rejected materials shall be promptly removed from the site by the CONTRACTOR at no expense to the CITY or CONSULTANT. 7. "Specimen" shall mean an exceptional, heavy, symmetrical, tightly knit plant, so trained or favored in its development that its appearance is unquestionably and outstandingly superior in form, number of branches, compactness and symmetry. "Specimen" shall conform to the 02900 -4 standard for "Florida Fancy" per the State of Florida, Department of Agriculture. D. Pruning: 1. Plants shall not be pruned prior to delivery except as authorized by the CONSULTANT. 2. Plants shall have been transplanted or root pruned at least once in the three years prior to contract date. 3. Immediately upon selection by the CONTRACTOR and acceptance by the CONSULTANT, all major trees shall be completely root pruned at the nursery site and held in that condition for a period of 45 - 60 days. Plants shall not be further dug or transported without acceptance of CONSULTANT. 4. If the CONTRACTOR wishes to strip the foliage of certain species prior to transplanting, removal of not more than one -half of foliage shall be conducted at time of root pruning. In this event the plant shall fully conform to this specification at the time of planting and review for acceptance. E. "Medjool" Date Palms: Phoenix Dactylifera "Medjool ", 14 foot clear trunk, 11 foot clear wood. Clear trunk shall be measured from the lowest live green frond to ground level and clear wood shall be measured from the bottom of the "Pineapple" to ground level. Both measurements must be met in order to satisfy this requirement. a. Each palm shall have a minimum caliper of 20 inches and shall not vary in caliper by more than two inches at any point along the trunk. b. All palms must meet or exceed all of the requirements of Florida Fancy as defined in the Florida Grades and Standards for Nursery Plants published by the Florida Dept. of Agriculture. C. Canopies to be full and green at the time of arrival at the job site with a minimum spread at the installation of 12 feet. d. Mechanical scars into the trunks ofthe palms will disqualified this material as Florida #1 and will therefore be cause for rejection on site. e. The Deglett Noor Cultivar is not acceptable alternate and will not be accepted for this installation. f. The CONTRACTOR is responsible for obtaining from the Date palm supplier a signed and notarized certificate indicating the genus, species, and sub - variety of the palms he intends to deliver to the project site. This certification is to be submitted to the CONSULTANT, for approval, prior to delivery of any Date Palms to the project site. PART 3 - EXECUTION 3.01 EXISTING CONDITIONS A. Before Work of this section, carefully inspect Work of other trades and verify that such Work is complete to the point at which this landscape Work may properly commence. Verify that planting may be completed in accordance with construction plans and referenced standards. 02900 -5 B. Discrepancies: 1. In event of discrepancy, immediately notify CONSULTANT. 2. Do not proceed with installation of materials or plants in areas of discrepancy until all such discrepancies have been fully resolved to the satisfaction of the CONSULTANT. C. Soil Testing and Amendment: 1. Obtain and have tested, at a private testing laboratory, a minimum of four samples of soil to be taken from those areas to be planted. Samples shall be representative of the sensitive general conditions prevailing in those areas within which planting and sodding shall be performed. Also, obtain and have tested one representative, mixed sample each of the planting soil and soil blanket materials intended for use on this project. 2. Soils shall be tested for horticultural purposes and the test results shall be submitted to the CONSULTANT accompanied by a recommendation from the testing agency regarding the suitability ofthe samples and appropriate soil amendments required to correct any detrimental or deficient soil conditions. 3. Testing shall include, but not be limited to, those tests required to determine soil pH and the identification and quantity of soluble salts or other common pollutants that may be in the sample. 4. If the pH of the samples representing the rough grade soil is determined to be in excess of 6.5, the entire planting area of the site shall be treated with an application of super -fine wetable sulfur. This amendment shall be applied at a rate of 8 pounds per 1,000 square feet for each whole point of pH in excess of 6.0. The material shall be thoroughly worked into the top 6 inches of the rough grade soil. The soil surface shall then be made smooth and the area completely watered to the full depth of the soil amendment. 3.02 SCHEDULE OF WORK A Stake the proposed location of trees to be planted. The CONSULTANT reserves the right to adjust the location of plant material. B. Excavate planting pits and beds, and prepare fine subgrade. C. Provide plants, fertilizer, planting soil and incidental materials required herein. D. Place plants, backfill and guy or brace plants as required. E. Complete fine grading and incidental Work specified herein. F. Maintain and protect planting, including incidental materials, until end of maintenance period. G. Bracing of palms shall remain in place and its removal shall be the responsibility of the CITY. 3.03 FINISH SUBGRADE A. Upon acceptance of the rough grading, establish fine subgrade with smooth and even finish. Remove all rocks more than one inch diameter, sticks, debris and vegetation to a depth of six inches. Final 1 •11 i subgrade shall be established as herein specified. Depths are relative to the elevation of the top of curb. 3.04 SHIPMENT AND DELIVERY A. Notify the CONSULTANT a minimum of 2 (two) working days in advance of when plant material is to be delivered. B. Plant material shall be protected from weather, adequately packed to prevent breakage and drying out during transit. The use of anti - transparent, in compliance with the manufacturer's specification, is encouraged. C. Plants shall not be planted on job until they have been inspected at receiving site and accepted by CONSULTANT. D. Plants which show improper handling, bruised trunks, broken branches or root balls or arrive on site in an unsatisfactory condition will be rejected. E. Acceptance of plant material will be given by the CONSULTANT only after the material is planted and after meeting all of the incidental requirements prescribed herein and on the plans. 3.05 PLANTING TREES A. General Locate and mark proposed positions of all plants or plant beds with stakes. Before digging, notify CONSULTANT for review and acceptance or possible relocation. 2. If location indicated on planting drawings cannot be used, other locations shall be chosen, subject to approval by CONSULTANT. Coordinate with site lighting, irrigation, paving, piping, electrical and other related site work. B. Excavation: C. Planting: Excavations identified as having potential utility or service line conflicts shall be excavated by hand tools to determine the location of any utilities that may otherwise be damaged by excavation. Excavate tree and palm pits as necessary to accommodate root balls of material when plant is set to finished grade, with a minimum six inches of "planting soil" under the spread of bottom -most roots. Diameter of pits for trees shall be as shown on the drawings. Barricade or mark excavations to prevent danger to cars and pedestrians. Set trees in vertical position such that finish grade at the trunk shall be the same as in previous container or field growth. 02900 -7 2. Set plant in upright position in center of hole, on compacted planting dome as indicated. Place "planting soil" around rootball in layers up to 12" deep. Carefully tamp and thoroughly water each layer. When 2/3 of the hole has been backfilled and compacted, remove burlap from the upper part of the ball. Fill planting hole to finish grade (minus allowance for mulch or other cover as required); form a saucer with a 4" lip as wide as the opening of the pit; and water thoroughly so that soil is saturated and settled. 3. If settlement of any plant after planting is determined by the CONSULTANT to be excessive, the CONTRACTOR shall replant it at no cost to the CITY. 4. Fertilize planting soil for trees using "Agriform" tablets; fertilize all other planting soil with a general purpose fertilizer. Apply fertilizers in quantities as recommended by the manufacturer, or as directed by the CONSULTANT.. In groundcover beds, mix fertilizer into the soil at a rate no less than 26 pounds per 1,000 sq. ft. In addition, use "Terra -sorb Super Absorbent Polymer ", per manufacture's instructions for all new plant material. 5. Guy and secure all plant material according to the drawings. All material shall be plumb unless otherwise directed by the CONSULTANT. Allow no direct contact between wire and any part of a tree or palm; where a guy wire wraps a limb or trunk, cover wire with a rubber hose wrapped around the limb or trunk for a full turn. 6. Pruning, if required, shall be in accordance with standard horticultural practices as published by the National Arborist Association, or as directed by the CONSULTANT. Prune to remove dead wood, injured branches, or suckers, or to generally thin and shape in conformance with natural growth of the species. Cuts more than 3/4 inch diameter shall be painted with an accepted horticultural tree wound paint. All plant material shall meet specifications after pruning. 7. If planting is performed after sod placement, proper protection shall be provided and damage resulting from planting operations shall be repaired promptly. 8. Palms shall be installed in a vertical position and braced. A minimum of 5 (five) layers of burlap shall be placed around the trunk and shall, in turn, have a minimum of five wood battens placed vertically over it. The battens shall be retained in place by two 3/4 inch high carbon steel bands. Four wood braces, placed at a 60 degree angle equidistant around the plant, shall be nailed to the battens. No nails shall be placed into the palm trunk. Four bracing pads shall be placed below grade at the bottom of each brace. 9. Coconut Palm planting pits are to be backfilled with clean, sharp, coarse, salt -free sand. 10. The CONTRACTOR is prohibited from storing on -site any plant material, materials, or equipment if a storm approaching or exceeding hurricane force winds is immanent. 11. The CONTRACTOR is responsible for re- setting and re- bracing of trees and palms blown over or leaning from hurricane force or greater winds. This Work will occur immediately (within one week from date of hurricane). Payment for this Work will be additional and will be negotiated by the City of Aventura. Any re- setting and re- bracing of palms caused by winds less than hurricane force, and until final acceptance, is the responsibility of CONTRACTOR, at no additional cost to CITY. 3.06 PLANTING OF ST. AUGUSTINE FLORATAM LAWN AREAS 02900 -8 A. Preparation Spread 2" topsoil mixture as specified in paragraph 2.01B, prior to laying of sod. B. St. Augustine Sodding Procedures Sodding shall be done as soon as practical following finish grading. Five lbs. of 4 -12 -12 commercial fertilizer, with all minor nutrients, shall be spread per 100 sq. ft. of finished subgrade and lightly raked in. Ground shall be leveled with the back of a rake and sod laid with joints closely butted so no voids are visible, keeping surface of sod flush with the adjoining seeded areas and or pavements. 2. After sod is in place it shall be top dressed with sufficient sharp, clean sand, free of weeds or weed seeds, to fill all voids remaining and thoroughly watered to wash the top dressing into the sodded surface. The completed sodded surface shall be true to finish grade indicated on the plans, even and firm at all points. Contractor shall keep new sod properly watered until final acceptance. 3. Protect sodded areas against trespassing and damage of any kind for the duration of maintenance period. 4. Sodded areas shall be planted a minimum of one month prior to final subgrade. 3.07 CONSTRUCTION REVIEW: A. In addition to other progress construction reviews, the CONTRACTOR shall schedule and facilitate the following subtrade related reviews, giving the CONSULTANT at least 48 hours before notice. 1. Review of proposed tree pit locations, as represented by staking. 2. Review, upon delivery, of plant materials at the site to verify species, vigor, size, condition, shape, quantity, in compliance with specifications and drawings. 3. Review of tree pit excavation and fine subgrade. 4. Review of all backfilling for palm and tree pits as well as the placement of the soil blanket. 5. Review of Work and materials after completion of planting. This review shall be scheduled sufficiently in advance and in cooperation with the CONSULTANT so that it may be conducted within 48 (forty- eight) hours after completion of planting. 6. Review after a 30 -day (thirty) period of maintenance, upon written request by the CONTRACTOR. Request shall be received at least five days before anticipated date of review. 7. Review for final acceptance. 3.08 MAINTENANCE A- General: The CONTRACTOR shall maintain all planting, starting at the time of planting and continuing until all planting is complete and accepted by the CONSULTANT. 101P •I111M B. Work Included: Maintenance shall include all mowing, watering, weeding, fertilizing, cultivating, spraying, adjustment of guying, staking and pruning necessary to keep plant materials in a healthy vigorous growing condition and keep planted areas neat and attractive. 2. Provide all equipment and means for proper application of water to those planted areas not provided with an irrigation system. C. Replacements: At Final Acceptance, plant material shall be in a healthy growing condition. 2. During maintenance period immediately replace any plants showing weakness and probability of failure with a new, healthy plant of the same type and size, without additional cost to CITY. D. Post Installation: Post Installation treatment specifications for Phoenix Dactylifera `Medjool' during the (18) month warranty period: 1. Fertilization: Palms to be fertilized four times per year in months of February, May, August and November. Fertilizer to be 12/6/8 with minor elements. The rate of application shall be 10 pounds per palm per application. 2. Disease Control: Three times per year all palms will be treated with a systematic fungicide(s) which is labeled Fusarium, Pithium and Phythophthora. These applications will be performed as a root drench during the months of March, July and November and are considered to be preventive maintenance. 3. Observation: It shall be the CONTRACTOR'S obligation to perform regular monthly inspections of the palms and report to the CITY any site condition which may be detrimental to the health and vitality of the palms. Further, the CONTRACTOR is responsible to report the development of disease or other problems along with recommended solutions. These reports are to be written and should be received by the CITY'S representative no later than ten (10) days after each inspection. It is required that the CONSULTANT be notified in advanced of planned activities in order to allow them to witness and record the applications. 3.09 WARRANTY A. The CONTRACTOR shall warranty trees, plants and palms as defined below, after acceptance by the CONSULTANT. Any planting that fails or dies within that period shall be replaced and replanted immediately without expense to CITY, provided that the CONTRACTOR shall not be held responsible for losses beyond their control arising from "Acts of Providence "; acts of vandalism; or loss arising from documented neglect on the part of CITY to properly care for planting after acceptance. Grass areas in unsightly or damaged condition for a period of 90 days after final acceptance. 2. Shrubs and ground -cover for a period of 18 months after Final Acceptance. 3. Trees and palms for a period of 18 months after Final Acceptance. 02900 -10 B. The CONTRACTOR shall make periodic reviews of the planting, at no extra cost to CITY, during the warranty period to determine what changes, if any, should be made in CITY'S maintenance program. Proposed changes shall be submitted, in writing, to the CITY and, jointly by copy, to the CONSULTANT. C. At conclusion of the warranty period, the CONSULTANT shall make a construction review to determine the condition of planting. Plants that have died or, in the opinion of the CONSULTANT, are in an unhealthy or badly impaired condition for reasons other than vandalism, "Acts ofProvidence ", or documented neglect by the CITY, shall be replaced by the CONTRACTOR as soon as possible, except that replacement will not be required in any season definitely unfavorable for the kinds of plants involved. END OF SECTION DOMBE SECTION 02910 EXISTING TREE RELOCATION PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and provisions of the Contract, including General and Supplementary Conditions and Division -1 Specification sections, apply to Work of this section. Related sections containing requirements affecting the Work of this section include, but are not limited to the following: A. Irrigation System - Section 02810 B. Landscape - Section 02900 1.02 REFERENCES A. Comply with applicable requirements ofthe following standards and references. In case of conflict with other specified requirements, the most stringent requirements shall govern. 1. Florida Department of Agriculture: Grades and Standards for Nursery Plants Part 11- Palms and Trees. 2. American National Standards Institute (ANSI): Z60.1 - American Standards for Nursery Stock. 3. National Arborist Association (NAA): Ref. I - Transplanting of Trees and Shrubs in the Northeastern and North Central United States. 4. State of Florida Division of Forestry: Tree Protection Manual for Builders and Developers (1986). 1.03 DESCRIPTION A. Tree relocation of all existing trees will occur within the geographical boundaries of the City of Sunny Isles Beach, Florida. All areas where relocated trees are to be planted are directly accessible to tree planting equipment. Coordinate tree relocation with CONSULTANT. B. Relocation will be as shown on plans. C. The CONTRACTOR will be responsible for backfilling of planting pits. D. Remove other existing trees, shrubs, vines and undergrowth as specified or as indicated on plans, or as directed by the CONSULTANT, to accommodate new plantings. 1.04 QUALITY ASSURANCE A- CONTRACTOR to be qualified in tree and palm relocation, in conformance with all state and local regulations and requirements for permitting. CONTRACTOR to provide (3) references, documenting similar Work satisfactorily performed, upon request of CONSULTANT. B. CONTRACTOR to exercise care and caution with relocation operations, and provide root pruning in 02910 -1 advance of relocation. Brace trees, as required, for support after rootpruning. C. Limits of Warranty - Damage by Others 1. Hurricane winds causing damage to relocated plants, or other acts of GOD shall not be responsibility of CONTRACTOR. 2. Relocated trees are not included in the warranty for this project. 1.05 SUBMITTALS A. CONTRACTOR to submit list of proposed equipment to be used in relocations, and qualifications of personnel as applicable, for approval. B. CONTRACTOR shall apply for and secure any and all tree relocation or removal permits required by the CITY or other governing body. PART2- PRODUCTS 2.01 MATERIALS A. CONTRACTOR shall provide clean fresh water as required until Final Acceptance of tree relocation. B. CONTRACTOR to provide nutrients, bracing, and other materials necessary for tree relocation operations. See Section 02900 - Landscaping for fertilizer and soil amendment specifications for Work of this section. C. CONTRACTORto provide clean fill as required to bring palm pits resulting from relocation operations back to flush condition with surrounding grade. PART 3 - EXECUTION 3.01 PLANTING OPERATIONS A. Trees should be rootpruned a minimum of six (6) weeks in advance of relocation, unless otherwise approved in writing by CONSULTANT. B. Trees shall be properly prepared and handled during moving to prevent damage, drying /desiccation or breakage of rootball; scarring or breakage to trunk and limbs; or desiccation of foliage. Improperly handled, or damaged material shall be subject to rejection by the CONSULTANT and replacement in kind at the CONTRACTOR'S expense. C. Trees shall be replanted as soon as possible after digging. No tree shall be kept out of the ground longer than six hours. While digging, carefully protect all rootball of trees from sun, wind and drying. D. Backfill all pits resulting from relocation operations immediately, to make flush with surrounding grade. CONTRACTOR shall be responsible for stabilizing grade if required, and for correcting problems caused by erosion, wind etc., in the area where digging has occurred. E. See Section 02900 - Landscaping for installation requirements of this section. 02910 -2 3.02 MAIlVTENANCE A. Clean Up: CONTRACTOR to provide clean up and removal of debris as required after operations for tree relocation. B. Temporary Watering: Thoroughly soak root zone of relocated material until tree relocation is complete and accepted by CONSULTANT. It will be the CONTRACTOR'S responsibility to water all relocated plant material, in sufficient quantity to promote vigorous growth, until the irrigation system is fully operational. END OF SECTION 02910 -3 DIVISION 03000 CONCRETE DIVISION 04000 MASONRY DIVISION 05000 METALS DIVISION 06000 WOOD AND PLASTIC DIVISION 07000 THERMAL AND MOISTURE PROTECTION DIVISION 08000 DOORS AND WINDOWS DIVISION 09000 FINISHES DIVISION 10000 SPECIALITIES