Loading...
HomeMy WebLinkAboutSpecifications SR AlA/Collins Avenue Streetscape (From 187th Street to Wm Lehman Causeway) BID SPECIFICATIONS Invitation to Bid No. 08-10-01 \. Publish Date: November 17, 2009 Mandatory Pre-Bid Conference: December 1, 2008 at 2:00 PM Bid Due and Bid Opening Date: December 8, 2008 at 11 :30 AM Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Prepared by: O'Leary Richards Design Associates, Inc. Landscape Architecture & Planning , SECTION 3 LEGAL ADVERTISEMENT NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed bids for the following work as specified. SR AlA/Collins Avenue Streetscape Improvements (from 187th Street to Wm Lehman Causeway) Invitation to Bid No. 08-10-01 The Bid Documents for this Invitation to Bid are available from DemandStar by calling (800) 711-1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at the City of Sunny Isles Beach - Office of the City Clerk. Vendors who obtain the Bid Documents from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their bid response package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all vendors who are listed on the official list. The City may not accept incomplete proposals. Bids shall be on a unit price basis; segregated bids will not be accepted. Sealed bids will be received by the City Clerk no later than 11:30 AM. on Monday, December 8.2008 at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. Bids received after this time will not be considered. The City is under no obligation to return bids. Timely submitted bids will be opened publicly and read aloud at this time. The envelope containing the sealed bid must be clearly marked: "IMPORTANT, BID ENCLOSED" Bid No. 08-10-01 SR AlA/Collins Avenue Streetscape Improvements (from 187th Street to Wm Lehman Causeway) OPENING DATE AND TIME: 12/8/08 at 11:30 AM Bid security in the amount of five percent (5%) of the TOTAL BID must accompany the Bid in accordance with the Instructions to Bidders. A MANDATORY Pre-Bid Conference for all potential Bidders is set for 2:00 P.M. on Monday, December 1, 2008 in the First Floor Conference Room at the City of Sunny Isles Beach, Sunny Isles Beach Governmental Center located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of the Owner. All questions regarding Invitation to Bid No. 08-10-01 are to be directed in writinq to Rick Conner, Engineering & Public Works Director, using email address:rconner@lsibfl.net. Any questions or clarifications concerning the Bid Specifications must be made to Rick Conner - Engineering & Public Works Director, in writing, at least five (5) business days prior to the date of the Bid opening. Jane Hines, CMC, City Clerk City of Sunny Isles Beach Publish Date: November 17. 2008 \... END OF SECTION PAGE 4 OF 130 BID No. 08-10-01 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, sub-Contractor, 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". 4.8. Bid Deadline: Bids must be submitted no later than the time and date shown in Section 3 of this document. 4.9. Sealed Bid: The entire Bid Response Package shall be placed in an opaque envelope (with all items listed on the bid checklist form and all other items required within this Invitation to Bid must be executed) and submitted in a sealed envelope. Address your sealed envelope as follows: IMPORTANT, BID ENCLOSED Bid No. 08-10-01 City of Sunny Isles Beach - Office of the City Clerk - Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Bidders shall use the Bid forms furnished in this Invitation to Bid. Failure to do so may cause the Bid to be rejected. Bidder shall deliver to the City, as Bid submission: 4.9.1 Bid Response Sheet and Forms: One (1) original and four (4) copies of all Bid forms and other requested information on the proper forms and in the manner herein prescribed. 4.9.2 Bid Security/Bonding Requirements: Bid Security in the form of a cashier's check or approved Bid Bond in the amount of five percent (5%) of the total amount of the base bid must be attached to the front inside cover of the Bid Specifications. A company or personal check shall not be deemed a valid Bid Security. 4.9.3 Certificates of Competencies/Licenses/Local Business Tax Receipt: Copies of all Certificates of Competencies, Licenses, and Local Business Tax Receipt. 4.9.4 Certificate(s) Of Insurance(s): Copies of all Certificates of Insurance naming the City as an additional insured in the amounts specified in the Contract. 4.10. Bid Execution, Signatures, Erasure/Correction: All Bids shall be signed in blue ink. All price quotes shall be typewritten or printed with ink. All corrections made by the bidder prior to the opening must be initialed and dated by the bidder. No changes or corrections will be allowed after bids are opened. Bids must contain an original, manual signature of an authorized representative of the company. 4.11. Withdrawal of Bids: Bidders may withdraw bids only by written request and shall forward the withdrawal request via "Certified U.s. Mail - Return Receipt Requested" prior to the bid opening time. Negligence on the part of the Bidder in preparing the Bid confers no right for the withdrawal of the bid after it has been opened. 4.12. Bid Opening: Bids will be opened publicly at the time and place stated in the Notice to Bidders. It is the responsibility of the bidder to insure that the bid reaches the Office of the City Clerk on or before the closing hour and date stated on the invitation to bid. After the bid opening, the contents of the bid form will be made public for the information of vendors and other interested parties who may be present either in person or by representative. Bids that are received after the bid opening time will not be considered and will not be returned. 4.13. Evaluation of Bids: The City, at its sole discretion, reserves the right to inspect any/all Bidder's facilities to determine their capability of meeting the requirements for the Contract. Also, price, PAGE 6 OF 130 BID No. 08-10-01 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 Aorida, or comparable private entities, will be taken into consideration in the Award of the Contract. 4.13.1. Hold Harmless: All Bidder's 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. 4.13.2. Cancellation: Failure on the part of the Bidder to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. 4.13.3. 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. 4.14. Award of Bids: The staff will review the Bids based on the bid price, the capacity, ability and skill of the Bidder to perform the work, the past performance of the Bidder, and the proximity of the Bidder's facilities to the City of Sunny Isles Beach. It is the intent of the City to award this Contract to the bid that represents the best value to, and best serves the interests of, the City. The contract will be awarded to the lowest responsible, responsive bidder on the basis of the queries and investigation described in the Contract Documents and in conformity with the criteria set forth an Section 62-8 of the City Code. 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). In addition, each bidder agrees to waive any claim it has or may have against the City, and the respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid. Final determination and award of Bid(s) shall be made by the City Commission. Notice of intended award is provided through an agenda item to the City of Sunny Isles Beach Commission containing a recommendation of award. The agenda for each meeting of the City of Sunny Isles Beach Commission is available on the City website at www.sibfl.net. 4.15. Agreement: After the bid award, the City will, at its option, prepare an Agreement specifying the terms and conditions resulting from the award of this bid. Procurement of contractual services shall be evidenced by a written Agreement in substantially the same form as the Agreement incorporated herein as Section 13. The vendor will have ten (10) calendar days after notification of the award by the City to execute the Agreement and provide the required Performance Bond and Payment Bond. The Bidder who has the Contract awarded to them and who fails to execute the Agreement and furnish the Performance and Payment Bonds and Insurance Certificates within the specified time shall forfeit the Bid Security that accompanied their Bid, and the Bid Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Bidder fails to enter into the Contract and furnish the Bonds as herein before provided. Bid Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. The performance of the City of Sunny Isles Beach of any of its obligations under the agreement shall be PAGE 7 OF 130 BID No. 08-10-01 subject to and contingent upon the availability of funds lawfully expendable for the purposes of the agreement for the current and any future periods provided for within the bid specifications. 4.16. Performance and Payment Bond: The City of Sunny Isles Beach shall require the successful Bidder to furnish a Performance Bond and Payment Bond, 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 within ten (10) calendar days after notification of the award by the City. The bonds shall be with a surety company authorized to do business in the State of Florida. 4.17. Price, Terms, and Conditions: Bidder warrants that this Bid will be firm for a period of ninety (90) days from the date of the Bid opening unless otherwise stated in the Bid Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the invitations to Bid will be cause for rejection, as determined by the City. Prices should be stated in units of quantity specified in the Bid Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. Bidders are expected to examine the specifications, delivery schedule, bid prices and extensions and all general and special conditions of the bid prior to the submission. In case of an error in price extension, the unit price(s) will govern. 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 their responsibility as noted herein. 4.18. Independent Contractor Status: The contractor shall at all times, relevant to this contract, be an independent contractor and in no event shall the Contractor nor any employees or sub-contractors under it be considered to be employees of the City of Sunny Isles Beach. 4.19. 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. 4.20. Brand Names: If a brand name, make, of any "or equal" manufacturer 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 or Consultant shall be the sole judge concerning the merits of items Bid as equals. 4.21. Material: Material(s) delivered to the City 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 seller's expense. 4.22. 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 Bidder's name and manufacturer's brand name and delivered by them within ten (10) calendar days of Bidder's receipt of the "Notice to Proceed", unless schedule indicates 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. 4.23. Quantity Guaranty: No guarantee or warranty is given or implied by the City as to the total amount that mayor 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 increase or decrease quantities as required, even significantly. The prices offered herein and the percentage rate of discount applies to other representative items not listed in this Bid. 4.24. 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. Exceptions shall be noted. When practical, the City may make pick-ups at the vendor's place of business when specifically approved by the City. 4.25. Governmental Restrictions on Materials: In the event any governmental restrictions may PAGE 8 OF 130 BID No. 08-10-01 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 their 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. 4.26. 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 a materials data safety sheet (MSDS) when applicable. 4.27. Warranties: 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 the Bid Form that prices quoted here are in conformity with the latest Federal Price Guidelines. 4.28. Copyrights/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. 4.29. Local Business Tax (Occupational license Registration): The contractor shall be responsible for obtaining and maintaining throughout the contract period his or her city and county local business tax receipts. Each vendor submitting a bid on this Invitation to Bid shall include a copy of the company's local business tax/occupational license(s) with the bid response. For information specific to City of Sunny Isles Beach local business tax/occupational licenses, please call Code Enforcement & Licensing at (305) 792-1705. If the contractor is operating under a fictitious name as defined in Section 865.059, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted with the bid. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulations or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and/or proof of current active status with the Division of Corporations of the State of Florida. 4.30. Liability, Insurance, Permits and Licenses: Bidder shall 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 their agent) or any person the Bidder has designated in the completion of their contract as a result of the Bid. Contractor shall be required to furnish a copy of all licenses, certificates of competency or other licensor requirements necessary to practice their profession as required by Florida State Statute, current building code, Miami-Dade County, and City of Sunny Isles Beach Code. Contractors shall include current Miami- Dade County Certificates of Competency. These documents shall be furnished to the City along with the Bid response. Failure to furnish these documents or to have required licensor will be grounds for rejecting the Bid and forfeiture of the Bid Bond. 4.31. Certificate(s} of Insurance: Bidder shall furnish to the Office of the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in this document, 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). The City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section. At the time of Bid submission the Bidder must submit certificates of insurance as outlined in the General Conditions section. All required insurances shall name the City of Sunny Isles Beach as additional insured and such insurance shall be issued by companies authorized to issue insurance in the State of Florida. It shall be the responsibility of the Bidder and insurer to notify the PAGE 9 OF 130 BID No. 08-10-01 finance support services director of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Bidder, 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 finance support service director thirty (30) days prior to cancellation of such policies. This requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply with the city's insurance and bonding requirements set forth herein will authorize the Oty Manager to implement a rescission of the Bid award 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. 4.32. Assignment: The Contractor shall not transfer or assign the performance required by this Bid without prior written consent of the City Manager. Any award issued pursuant to the Invitation to Bid and monies which may be due hereunder are not assignable except with prior written approval of the City Manager. Further, in the event that the majority ownership or control of the Contractor changes hands subsequent to the award of this contract, Contractor shall promptly notify City in writing (via United States Postal Service - Certified Mail, Return Receipt Requested) of such change in ownership or control at least thirty (30) days prior to such change and City shall have the right to terminate the contract upon sixty (60) days written notice, at City's sole discretion. 4.33. Hold Harmless/Indemnification: The Contractor shall indemnify, save harmless, and defend the City of Sunny Isles Beach and its' Consultant, 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, their 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. 4.34. Non-conformance 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 their own expense and redelivered at their 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 its own property. Rejection for non-conformance or failure to meet delivery schedules may result in the Contractor being found in default. 4.35. 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. 4.36. 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. 4.37. Time of completion: The time of completion of the work to be performed under this contract is the essence of the contract. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the general conditions. The time allowed for the completion of the work shall be stated in the Contract. 4.38. Taxes: Bidder shall include all applicable taxes in Bid. END OF SECTION PAGE 10 OF 130 BID No. 08-10-01 SECTION 5 GENERAL CONDITIONS 5.1. Definitions: 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: Acceptance by the City of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Agreement/Contract: The Written Agreement between the City and the Contractor covering the Work to be performed, which includes the Contract Documents. Addenda: The 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. Approved: Means approved by the City. 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, 18070 Collins Avenue, 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 monies 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 this Agreement. Consultant: See Supplementary Conditions for identification. PAGE 11 OF 130 BID No. 08-10-01 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. Engineer:The individual or entity as named as such in the Supplementary Conditions. Field Order: A written order issued by the City which clarifies or interprets the Contract Documents or orders minor changes in the Work. Modification: Modification means anyone of the following: (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 City or Consultant, or (d) a written order for minor change or alteration in the Work issued by the City or Consultant. 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 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. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a Sub-Contractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative requirements and procedural matters applicable thereto. Statement of Services: The form furnished by the City which is to be used by the Contractor in requesting progress payments. Sub-Contractor: An individual, firm or corporation having a direct contract with Contractor or with any other Sub-Contractor for the performance of a part of the Work at the site. Substantial Completion: The date as certified by the City and its Consultant when the construction of the Project or 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, PAGE 12 OF 130 BID No. 08-10-01 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. Technical Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative requirements and procedural matters applicable thereto. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned 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. 5.2. Bid Award: The City reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the City after the City performs all necessary searches, inquiries, exploration, and analysis of the bids, and awards the Bid to the Bidder that represents the best value to, and best serves the interests of, the City. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the responsibility, qualifications and financial ability of the Bidder to complete 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 on the basis of these queries and investigations and who does not meet the City's satisfaction, even though the firm may possibly be the apparent lowest dollars and cents Bidder. In analyzing Bids, the City will also take into consideration client references, past work experience and work product, proven ability to satisfactorily perform the services and 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. The City specifically reserves the right to award the contract to the lowest responsible, responsive Bidder who is not necessarily the lowest dollar and cents Bidder on the basis of the results of the queries and investigations described in the Contract Documents and in conformity with the criteria set forth in Section 62-8 of the City Code. 5.3. Execution of Agreement: At least four counterparts of the Agreement (in substantially the same form as the Agreement attached hereto as Section 13) 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. 5.4. Forfeiture of Bid Security, Performance and Payment Bond: Within ten (10) calendar days of being notified of the award, Contractor shall furnish an executed agreement (in substantially the same form as the Agreement attached hereto as Section 13) and attach a Performance Bond and a Payment Bond (containing all the provisions of the Performance Bond and Payment Bond herein). 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, PAGE 13 OF 130 BID No. 08-10-01 material man, laborers, or Sub-Contractors employed pursuant to this Project. Each Bond shall be with a Surety company meeting the qualifications of this document. Each Bond shall continue in effect for one and one half 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 such that Contractor will, upon notification by City, correct any defective or faulty Work or materials which appear within one and one half years after final completion of the Contract. 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 Miami-Dade County and provide City with evidence of such recording. 5.4.1. 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 successful continuous operation for at least five (5) years. 5.4.2. 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. 5.4.3. The City will accept a surety bond from a company with a rating B+ or better. 5.4.4. Failure of the successful Bidder to execute and deliver the Agreement and deliver the required bonds and Insurance Certificates as stipulated in paragraph 5.3 shall be cause for the City to annul the Notice of Award and declare the Bid and any security therefore forfeited. 5.5. Contractor's Pre-Start Representation: 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. 5.6. Commencement of Contract Time: The Contract Time will commence to run on the date stated in the Notice to Proceed. 5.7. Starting the Project: 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. 5.8. Before Starting Construction 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 for their failure to discover any conflict, error, or discrepancy in the Drawings or Specifications. 5.9. Pre-Construction Conference: Within five (5) days after delivery of the executed Agreement by City to Contractor, but before starting the Work at the site, a Pre-Construction conference will be held to review the above schedules, and for processing Statement of Services, and to establish a working understanding between the parties as to the Project. Present at the conference will be the City representative, the Consultant and the Contractor. PAGE 14 OF 130 BID No. 08-10-01 5.10. Schedule of Completion: 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. 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 for 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. 5.11. Qualifications of Subcontractors, Materialmen and Suppliers: Within five (5) calendar days after bid opening, the apparent lowest responsible and responsive 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. 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 lowest responsible and responsive Bidder may, prior to Notice of Award either (i) submit an acceptable substitute without an increase in their bid price. 5.12. Correlation, Interpretation, and Intent of Contract Documents: It is the intent of the Specifications and Drawings to describe a complete Project to be delivered 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. 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 City's attention in writing at once and before proceeding with the Work affected thereby, however, they may 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, Drawings and Specifications. If the requirements of other Contract Documents are more stringent than those of the Supplemental General Conditions, the more stringent requirements shall apply. 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". 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 PAGE 15 OF 130 BID No. 08-10-01 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 City before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. The Work of all trades under this Contract shall be coordinated by the Contractor in such manner as to 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. 5.13. Availability of Lands: 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 additional lands and access thereto that may be required for temporary construction facilities or storage of material or equipment. The City will, upon request, furnish to the Bidders, copies of all boundary surveys and subsurface tests, if available, at no additional cost. 5.14. Contractor's Liability Insurance: 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 below: 5.14.1. 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(ies) must include: Employers' Liability at the statutory coverage amount. The Contractor shall further insure that all of its Sub-Contractors maintain appropriate levels of worker's compensation insurance. 5.14.2. Comprehensive General Liability with minimum limits of Two Million Dollars ($2,000,000.00) 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: 5.14.2.1 5.14.2.2 5.14.2.3. 5.14.2.4. 5.14.2.5. 5.14.2.6. 5.14.2.7. Premises and Operation Independent Contractors Products and/or Completed Operations Hazard Explosion, Collapse and Underground Hazard Coverage Broad Form Property Damage Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 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. 5.14.3. 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: 5.14.3.1 5.14.3.2 PAGE 16 OF 130 BID No. 08-10-01 Owned Vehicles; Hired and Non-Owned Vehicles; 5.14.3.3 Employers' Non-Ownership. 5.14.4. Before starting the Work, the Contractor will file and make sure that all certificates of insurance required by this document and by the Contract are in the City's possession. 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 by certified mail. The City shall be named as an additional insured on the above-referenced policies. 5.14.5. The Contractor agrees that if any part of the Work under the Contract is sublet, they will require the Sub-Contractor(s) to carry insurance as required, and that they will require the Sub- Contractor(s) to furnish to them insurance certificates similar to those required by the City in this section. 5.15. Cancellation and Re-Insurance: 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. All deductibles must be declared by the Contractor 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. 5.16. Contractor's Responsibility: The Contractor shall have the following responsibilities: 5.16.1.Supervision and Superintendence: 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). 5.16.2. Labor, Materials and Equipment: The Contractor will provide competent, suitably qualified personnel to layout the Work and perform construction as required by the Contract Documents. They will at all times maintain good discipline and order at the site. 5.16.3. 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. 5.16.4.AII 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. 5.16.5. 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. 5. 16.6.Materials, Equipment, Products and Substitutions: Materials, equipment and products PAGE 17 OF 130 BID No. 08-10-01 incorporated in the Work must be approved for use before being purchased by the Contractor The Contractor shall submit to the City and its 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 City and its Consultant. 5.16.7. 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 product? of equal capacities, quality and function shall 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 City and its Consultant, such material, article, or piece of equipment is of equal substance and function to that specified, the City and its 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. 5.16.8. No substitute shall be ordered or installed without the written approval of the City and its Consultant who shall be the judge of quality. 5.16.9. Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 5.16.10.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. 5.16.11.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. 5.16.12.The Contractor will not employ any Sub-Contractor, against whom the City may have reasonable objection, nor will the Contractor be required to employ any Sub-Contractor who has been accepted by the City, unless the City determines that there is good cause for doing so. 5.16.13.The Contractor shall be fully responsible for all acts and omissions of their Sub-Contractors 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 Contractor and any Sub-Contractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of City to payor to see to payment of any persons due any Sub-Contractor or other person or organization, except as may otherwise be required by law. City may furnish to any Sub-Contractor 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. PAGE 18 OF 130 BID No. 08-10-01 5.16.14.The divisions and sections of the Specifications and the identification of any drawings shall not control the Contractor in dividing the Work among Sub-Contractors or delineating the Work performed by any specific trade. 5.16.15.The Contractor agrees to bind specifically every Sub-Contractor to the applicable terms and conditions of the Contract Documents for the benefit of the City. 5.16.16.AII Work performed for the Contractor by a Sub-Contractor shall be pursuant to an appropriate agreement between the Contractor and the Sub-Contractor. 5.16.17.The Contractor shall be responsible for the coordination of the trades, Sub-Contractors and material and men engaged upon their Work: 5.16.18.The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Sub-Contractors to the Contractor by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Sub-Contractors, 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. 5.16.19.The City or Consultant will not undertake to settle any differences between the Contractor and their Sub-Contractors or between Sub-Contractors. 5.16.20.If in the opinion of the City, any Sub-Contractor on the Project proves to be incompetent or otherwise unsatisfactory, they shall be promptly replaced by the Contractor if and when directed by the City or Consultant in writing. 5.17. Patent Fees and Royalties: 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. 5.17.1 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. 5.18. Permits: 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. 5.19. Electrical Power and lighting: 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. 5.20. Laws and Regulations: The Contractor will give all notices and comply with all laws, PAGE 19 OF 130 BID No. 08-10-01 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 City 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 or City, they will bear all costs arising wherefrom; 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. 5.21. Taxes: 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. 5.22. Record Drawings: 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. 5.23. Safety and Protection: 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: 5.23.1. All employees and other persons who may be affected thereby; 5.23.2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; 5.23.3. 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; and 5.23.4. 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. 5.24. Emergencies: 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 City and its Consultant, 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 this document. 5.25. Shop Drawings and Samples: 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 City and its 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 City and its 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. 5.25.1. 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. All samples will have been PAGE 20 OF 130 BID No. 08-10-01 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. 5.25.2. 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. 5.25.3. 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 of the 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 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. 5.25.4. 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. 5.25.5. 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. 5.26. Cleaning up: 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 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. If the Contractor does not clean the Work site, the City may remove the rubbish and charge the cost to the Contractor. 5.27. Public Convenience and Safety: 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. During the day, access to private property shall be for short durations, if at all, and in the evening, access to private property shall always be available. 5.28. Indemnification: In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Contractor shall indemnify, defend and save harmless the City, its officers, agents or 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, or by or in consequence of any negligence (excluding the sole negligence of City, officers, agents or employees), in connection with the same; or by use of any improper materials or by or on account of PAGE 21 OF 130 BID No. 08-10-01 any act or omission of the said Contractor or his Sub-Contractor, agents, servants or employees. The Contractor will indemnify, defend and hold harmless the City, 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 wherefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, Sub-Contractor, 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. In the event that a court of competent jurisdiction determines that Sec. 725.06 (2), F.5. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Contractor shall indemnify, defend and hold harmless the City or Consultant, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.5., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. 5.28.1 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, its officers, agents or employees which may result from the operations and activities under this Contract whether the construction operations be performed by Contractor, its Sub-Contractors, or by anyone directly or indirectly employed by either. 5.28.2 The obligations of the Contractor under Paragraph 5.28 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 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. 5.29. Responsibility for Connection to Existing Work: 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. 5.30. Work in Street, Highway and Other Right-of-Way: 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. 5.30.1. The City will cooperate with the Contractor in obtaining action from any utilities or public authorities involved in the above requirements. 5.30.2. 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. 5.31. Cooperation with Governmental Departments, Public Utilities, Etc.: The Contractor shall be responsible for making all necessary arrangements with governmental departments, public utilities, PAGE 22 OF 130 BID No. 08-10-01 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. 5.31.1. The Contractor's attention is called to the fact that there may be 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. 5.31.2. 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. 5.32. Use Premises: 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. 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. Contractor shall enforce Consultant and City's instructions in connection with signs, advertisements, fires and smoking. 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. The Contractor shall furnish, install and maintain adequate construction office facilities for all workers employed 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. 5.33. Protection of Existing Property Improvements: 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. 5.34. Work by Others: 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. 5.34.1. 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 City and its Consultant in writing any defects or deficiencies in such Work that render it unsuitable for such proper execution and results. 5.34.2 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. PAGE 23 OF 130 BID No. 08-10-01 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 Contractor's whose Work will be affected. 5.34.3 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 this document. 5.34.4 Where practicable, the Contractor shall build around the Work of other separate Contractor's 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 Contractor's as directed by them. Where such chases, slots, etc., are impracticable, the Work shall require specific approval of the Consultant. 5.34.5 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 Contractor's at the expense of such other Contractor's. 5.34.6 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 Contractor's for the best interest of the Work in order to prevent delay in the execution thereof. 5.34.7 Each Contractor shall keep themselves informed of the progress of the Work of other Contractor's. Should lack of progress or defective workmanship on the part of other Contractor's interfere with their operations, the Contractor shall notify the Consultant immediately. Lack of such notice to the City and its Consultant will be construed as acceptance by the Contractor of the status of the Work of other Contractor's as being satisfactory for proper coordination of their own Work. 5.34.8 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. 5.35. City's Responsibility: The City will issue all communications to the Contractor; the City will furnish the data required of them under the Contract Documents promptly; and the City's duties in respect to providing lands and easements are set forth in this section. 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. 5.36. Consultant's Status During Construction: 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 this document these General Conditions and shall not be extended without written consent of the City and the Consultant. The Consultant's decision, in matters relating to aesthetics, shall be final, if within the terms of the Contract Documents. 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. 5.36.1 Visits to Site: 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 Contractor's. 5.36.2 Clarifications and Interpretations: 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 this section. 5.37. Measurement of Quantities: All work completed under the Contract will be measured by the City and its Consultant according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. 5.38. Rejecting Defective Work: The City or Consultant will have authority to disapprove or reject Work which is "defective" (which term is 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). 5.39. Shop Drawings, Change Orders and Payments: In connection with the Consultant's responsibility as to Shop Drawings and Samples, Change Orders, Statement of Services, etc., see this section. 5.40. Resident Project Representative: 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. 5.41. Decisions on Disagreements: The Consultant will be the initial interpreter of the Technical Specifications. 5.42. Changes in Work: Without invalidating the Agreement, the City may, at any time 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 this document. A Change Order signed by the Contractor indicates their agreement therewith. 5.42.1. 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 increase in the Contract Price or extension of Contract Time, they may make a claim therefore as provided in this document. 5.42.2.Additional Work performed by the Contractor without authorization of a Change Order will not PAGE 25 OF 130 BID No. 08-10-01 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 this document. 5.42.3. The City will execute appropriate Change Orders prepared by the Consultant covering changes in the Work, to be performed and Work performed in an emergency as provided in this section and any other claim of the Contractor for a change in the Contract Time or the Contract Price which is approved by the Consultant. 5.42.4. 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. 5.43. Change of Contract Price: 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. 5.43.1. The City may, at any time, 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: in the specifications (including drawings and designs); in the method or manner of performance of the Work; in the City-furnished facilities, equipment, materials, services, or site; or directing acceleration in the performance of the Work. 5.43.2. 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. 5.43.3. 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. 5.43.4. 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 a written notice including a statement setting forth the general nature and monetary extent of such claim, and supporting data. 5.43.5. 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. 5.43.6. 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: by negotiated lump sum; or on the basis of the cost of the Work, determined as provided in this section, plus a mutually agreed upon fee to the Contractor and to cover overhead and profit. 5.43.7. 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 Miami-Dade County, shall include only the following items and shall not include any of the costs itemized hereunder. 5.43.7.1. 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 PAGE 26 OF 130 BID No. 08-10-01 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. 5.43.7.2. 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. 5.43.7.3.Payments made by Contractor to the Sub-Contractors for Work performed by Sub- Contractors. If required by City, Contractor shall obtain competitive bids from Sub-Contractors acceptable to him and shall deliver such bids to City who will then determine which Bids will be accepted. If a Subcontract provides that the Sub-Contractor 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 this section. 5.43.7.4.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, 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. 5.43.7.5. Sales, use or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. 5.43.7 .6. Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 5.43.7.7. The cost of utilities, fuel and sanitary facilities at the site. 5.43.7.8. 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. 5.43.7.9.Cost of premiums for additional Bonds and Insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 5.43.8.0 The term Cost of the Work shall not include any of the following: 5.43.8.1. 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 this document - all of which are to be considered administrative costs covered by the Contractor's fee. 5.43.8.2. Expenses of Contractor's principal and branch offices other than his office at the site. PAGE 27 OF 130 BID No. 08-10-01 5.43.8.3.Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 5.43.8.4. 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 this document. 5.43.8.5.Costs due to the negligence of Contractor, any Sub-Contractor, or anyone directly or indirectly employed by any of them 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. 5.43.8.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in this section. 5.43.8.7. The Contractor's fee which shall be allowed to Contractor for their overhead and profit shall be determined as follows: a) A mutually acceptable firm fixed price; or if none can be agreed upon. b} A mutually acceptable fixed fee based on the estimate of the various portions of the cost of the Work. 5.43.8.8. 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 anyone 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. 5.43.8.9. Whenever cost of any Work is to be determined pursuant to this document, Contractor will submit in form prescribed by City an itemized cost breakdown together with supporting data. 5.44. Contingency Allowance: The Contractor agrees that the Contingency Allowance, if any, is for the sole use of City to cover unanticipated costs. Prior to final payment, an appropriate Change Order will be issued as recommended by Consultant to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 5.45. Unit Price Work: Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item indicated in the Agreement. 5.45.1 The estimated quantities of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determination of the actual quantities and classifications of Unit Price Work performed by the Contractor will be made by the City and its Consultant. 5.45.2 Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. 5.45.3 City or Contractor may make a claim for an adjustment in the Contract Price in accordance with the section if: PAGE 28 OF 130 BID No. 08-10-01 5.45.3.1 the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 5.45.3.2 there is no corresponding adjustment with respect to any other item of Work; and 5.45.3.3 Contractor believes that he/she is entitled to an increase in Contract Price as a result in having incurred additional expense or City believes that City is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 5.46. Time for Completion, Liquidated Damages and Change of the Contract Time: 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. 5.46.1 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 climatic and economic conditions and other factors prevailing in the locality of the Work. 5.46.2 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, Section 13, for each calendar day that the Contractor shall be default after the time stipulated in the Contract Documents. 5.46.2.1 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 will 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. 5.46.2.2 City is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract. 5.46.2.3 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. 5.46.3 The Contract time may only be changed by a Change Order. Any claim for an extension in the Contract Time 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. 5.46.4 All time limits stated in the Contract Documents are of the essence of the Agreement. PAGE 29 OF 130 BID No. 08-10-01 5.46.5 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. 5.46.6 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 the section. 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: 5.46.6.1 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 5.46.6.2 Contractor must make major repairs to the Work damaged by weather. Provided the damage was not attributable to a failure to perform or neglect by Contractor, and provided 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. 5.46.7 No Damages for Delay: No claim for damages or any claim, other than for an extension of time as provided for in this Section shall be made or asserted against City by reason of any delays. Contractor shall not be 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. 5.47 Incentive Bonus: A Agreement provision which compensates the Contractor a certain amount of money as stipulated in the Agreement for each day the Project is completed ahead of schedule for a maximum of thirty (30) days. The City desires to expedite construction on this Agreement to minimize the inconvenience to the public and to reduce the time of construction. In order to achieve this, an incentive provision is established for the Agreement. 5.47.1 In the event the Contractor completes the Agreement prior to time stipulated in the Agreement, the City will pay the Contractor an incentive payment in the Daily Value amount specified in the Agreement for each calendar day the actual completion date precedes the Original Agreement Time and subject to the conditions precedent set forth below. The term "Original Agreement Time" will mean the number of calendar days established for completion of the work in the Agreement on the date the Agreement was executed. The term "calendar day" will mean every day shown on the calendar. Calendar days will be consecutively counted from commencement of Agreement Time regardless of weather, weekends, holidays, suspensions of Contractor's operations, delays or other events as described herein. For the purposes of the calculation and the determination of entitlement to the "incentive payment" stated above, the Original Agreement Time will not be adjusted for any reason, cause or circumstance whatsoever, regardless of fault, save and except in the instance of catastrophic event (i.e., hurricane or a declared state of emergency). 5.47.2 The parties anticipate that delays may be caused by or arise from any number of events during the course of the Agreement, including, but not limited to, work performed, work deleted, PAGE 30 OF 130 BlD No. 08-10-01 change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way issues, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of Contractor's operations, or other such events, forces or factors sometimes experienced in highway construction work. Such delays or events and their potential impacts on performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this contract, and shall not extend the Original Agreement Time for purposes of calculation of the "incentive payment" set forth above. Further, any and all costs or impacts whatsoever incurred by the Contractor in accelerating the Contractor's work to overcome or absorb such delays or events in an effort to complete the Contract prior to expiration of the Original Agreement Time, regardless of whether the Contractor successfully does so or not, shall be the sole responsibility of the Contractor in every instance. 5.47.3 In the event of a catastrophic event (i.e., hurricane or a declared state of emergency) directly and substantially affecting the Contractor's operations on the Agreement, the Contractor and the City shall agree as to the number of calendar days to extend the Original Agreement Time so that such extended Original Agreement Time will be used in calculation of the "incentive payment". In the event the Contractor and City are unable to agree to the number of calendar days to extend the Original Agreement Time, the City shall unilaterally determine the number of calendar days to extend the Original Agreement Time reasonably necessary and due solely to such catastrophic event and the Contractor shall have no right whatsoever to contest such determination, save and except that the Contractor establishes the number of calendar days determined by the City were arbitrary or without any reasonable basis. 5.48. Guarantee: The Contractor shall guarantee and unconditionally warranty through either the manufacturer or the Contractor directly, all materials and equipment furnished and Work performed for a period of one and one half years (1-1/2) from the date of Final Acceptance as indicated in the Consultant's 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. 5.48.1 The specific warranty periods listed in the Contract Documents, if different from the period of time listed above shall be applicable. 5.49. Substantial Completion: When Contractor considers the entire Work ready for its intended use Contractor shall notify City and Consultant in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Consultant issue a letter of Substantial Completion. Promptly after Contractor's notification, City, Contractor, and Consultant shall make an inspection of the Work to determine the status of completion. If Consultant does not consider the Work substantially complete, Consultant will notify Contractor in writing giving the reasons therefore. If Consultant considers the Work substantially complete, Consultant will deliver to City a tentative letter of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the letter a punch list of items to be completed or corrected before final payment. 5.49.1 Partial Utilization: Prior to Substantial Completion of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, Consultant, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions. PAGE 31 OF 130 BID No. 08-10-01 5.49.1.1 City at any time may request Contractor in writing to permit City to use or occupy any such part of the Work which City believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to City and Consultant that such part of the Work is substantially complete and request Consultant to issue a letter of Substantial Completion for that part of the Work. 5.49.1.2. Contractor at any time may notify City and Consultant in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Consultant to issue a letter of Substantial Completion for that part of the Work. 5.49.1.3 Within a reasonable time after either such request, City, Contractor, and Consultant shall make an inspection of that part of the Work to determine its status of completion. If Consultant does not consider that part of the Work to be substantially complete, Consultant will notify City and Contractor in writing giving the reasons therefore. If Consultant considers that part of the Work to be substantially complete, the provisions above will apply with respect to certification of Substantial Completion of that part of the Work and division of responsibility in respect thereof and access thereto. 5.50. final Inspection: Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Consultant will promptly make a final inspection with City and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. After Contractor has, in the opinion of Consultant, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, as-built documents, Consultant will issue a letter of final acceptance, and Contractor may make application for final payment following the procedure for progress payments. 5.51. Payments to Contractor: 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 City and its Consultant may reasonably require. 5.51.1. 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, and will establish the City's title to the material and equipment and protect their interest therein, including applicable insurance. 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. PAGE 32 OF 130 BID No. 08-10-01 5.51.2. 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 those persons, firms or corporations may have for that period. 5.51.3. 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. 5.52. Approval of Payment: 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. 5.52.1. 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". 5.52.2.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: 5.52.2.1. The Work is defective, or completed Work has been damaged requiring correction or replacement, 5.52.2.2. The Work for which payment is requested cannot be verified, 5.52.2.3. Claims or Liens have been filed or there is reasonable evidence indicating the probable PAGE 33 OF 130 BID No. 08-10-01 filing thereof, 5.52.2.4. The Contract Price has been reduced because of modifications, 5.52.2.5. The City has been required to correct defective Work or complete the Work in accordance with this section. 5.52.2.6. Of unsatisfactory prosecution of the Work, including failure to clean up as required by this document, 5.52.2.7. 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, 5.52.2.8. Of liquidated damages payable by the Contractor, or 5.52.2.9.0f any other violation of, or failure to comply with provisions of the Contract Documents. 5.52.3. Prior to Final Acceptance the City, with the approval of the Consultant and with the concurrence of the Contractor, may use any completed or substantially completed portions of the Work. Such use shall not constitute an acceptance of such portions of the Work. 5.52.4 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. 5.52.5 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. 5.53. Acceptance of Final Payment as Release: 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. 5.54. Suspension Of Work And Termination: The City may, at any time 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 which shall fix the date on which Work shall be resumed. For suspensions longer than ninety (90) days, the Contractor may be allowed an increase in the Contract Price or an extension of the Contract Time, or both. 5.55. Work During Inclement Weather: No Work shall be done under these specifications except by permission of the City 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 City or Consultant, shall suspend all Work until instructed to resume operations by the City or Consultant and the Contract Time pursuant to this section 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 PAGE 34 OF 130 BID No. 08-10-01 compensation for repairs or replacements shall be subject to approval of the City. 5.56. City May Terminate: 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 Sub- Contractors 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 City or 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 the surety ten (10) 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 this document. 5.56.1. 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. 5.56.2. Upon ten (10) days written notice to the Contractor, the City may, without cause and without prejudice to any other right or remedy, elect to 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. 5.57. Removal of Equipment: 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. 5.58. Contractor May Stop Work or Terminate: 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 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 remedies by the City are achieved 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. 5.59. Miscellaneous: Bidder acknowledges the following miscellaneous conditions: PAGE 35 OF 130 BID No. 08-10-01 5.59.1. 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. 5.59.2. 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. 5.59.3. 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 and those in the Special Conditions and the rights and remedies available to the City and Consultant, 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. 5.59.4. 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 in jury or damage. 5.60. Waiver of Jury Trial: 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. 5.60.1. Goveming Law: The Contract shall be construed in accordance with and governed by the law of the State of Florida. 5.60.2. Venue: Venue of any action to enforce the Contract Documents shall be in Miami-Dade County, Florida. 5.60.3. Arbitration: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 5.61. Project Records: 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, financial or otherwise, which relate to the Project and to any claim for a period of three years following final completion of the Project. During the Project and the three year period following final completion of the Project, Contractor shall provide City access to its books and records upon (5) five days written notice. PAGE 36 OF 130 BID No. 08-10-01 5.62. Severability: 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. 5.63. Independent Contractor: 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 PAGE 37 OF 130 BID No. 08-10-01 SECTION 6 SUPPLEMENTARY CONDITIONS 6.1 In accordance with the General Conditions CONSULTANT or ENGINEER is defined as follows: 6.1.1 Principal Consultant, Landscape Architect of Record, and City Landscape Architect: O'Leary Richards Design Associates, Inc. 8525 SW 9200 Street, Suite C -11 Miami, Florida 33156 305.596.6628 phone 305.596.9160 fax 6.1.2 Sub-consultant and Civil/Electrical Engineer of Record: Alvarez Engineers, Inc. 10560 NW 27th Street, Suite 102 Doral, Florida 33172 305.640.1345 phone 305.640.1346 fax 6.2 Permits: The Contractor shall be required to obtain the following permits prior to starting the Work: . City of Sunny Isles Beach Public Works Department . Miami-Dade County DERM Tree Removal Permit . Any required Miami Dade County Public Works Lighting Permits 6.2.1 The Contractor shall apply for the permits in accordance with the standard City procedures. The City will waive all City fees associated with the Public Works Permit. 6.2.2 The Contractor shall be responsible to pay for all other permit fees required for the project as listed above. Permit fees shall not be directly invoiced to the City. 6.2.3 Should there be an impact fee associated with the required permits not issued by the City, the Contractor shall pay for the impact fee and then straight bill the City. No provision of mark up shall be allowed. 6.2.4 Should there be a question of permit fee verses impact fee, the City shall determine the application of reimbursement, without recourse by the Contractor. END OF SECTION PAGE 38 OF 130 BID No. 08-10-01 SECTION 7 BID RESPONSE SHEET THIS BID IS SUBMmED TO: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Bid No. 08-10-01 for SR AlA/Collins Avenue Streetscape Improvements The undersigned Bidder proposes and agrees, jf 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. 7.1. The 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 of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The 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 the City's Notice of Award. 7.2. In submitting this Bid, the Bidder represents, as more fully set forth in the Agreement, that: 7.2.1. Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. Addendum No. Addendum No. Addendum No. Dated: Dated: Dated: Dated: 7.2.2. The Bidder has familiarized himself/herself 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. 7.2.3. The Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. 7.2.4. The Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully 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. 7.2.5. Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or continuous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, report or similar information or data in respect of said Underground Facilities are or will be required by PAGE 39 OF 130 BID No. 08-10-01 Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with other terms and conditions of the Contract Documents. 7.2.6. The 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. 7.2.7. The Bidder has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Bidder. 7.2.8. 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; the Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; the 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. 7.3. The Bidder understands and agrees to do all the Work and furnish all materials called for by the Contract Documents, in the manner described therein and to the standards of quality and performance established by the Consultant for the unit price amounts stated in the spaces herein provided, for each of the items or combination of items stipulated. Unit price line items shall include cost of implementing all applicable safety requirements. Bidder acknowledges that estimated quantities scheduled are approximated for the sole purpose of obtaining comparative bids for determination of the lowest responsible bidder and actual quantities required may increase or decrease. Bidder further agrees that payments will be made on the basis of actual quantities placed and accepted by the Consultant and City. BIDDER agrees that the work will be complete in full within 180 calendar days from the date stipulated in the Notice to Proceed. 7.4. Communications concerning this Bid shall be addressed to: Bidder Name: Address: Telephone Fax Attention: 7.5 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. DOCUMENT CONTINUES ON NEXT PAGE PAGE 40 OF 130 BID No. 08-10-01 BID FORM for SR AlA/Collins Avenue Streetscape Improvements (from 187th Street to Wm Lehman Causeway) Bid No. 08-10-01 NOTE: The quantities shown in this bid form are estimates only! They may vary significantly from the actual quantities. Payments will be made on the basis of actual quantities placed and accepted by the City. The Bidder, by signing this Bid Form and Contract, fully acknowledges that he/she will receive no additional compensation (no overhead, no anticipated profits, etc.) other than the bid unit price of the items times the number of items authorized, ordered, placed, and accepted by the City. SR AlA/Collins Avenue is within a FDOT right-of-way, therefore, FDOT Pay Item numbers are referenced herein. Contractor is to refer to the 2009 FDOT Basis of Estimates Handbook for FDOT's standard method of documenting design quantities and measurements. 7.6 Bid Form Bid REF. Ite FOOT PAY EST~ UNIT ESTIMATED m ITEM # DESCRIPTION UNIT QTY PRICE TOTAL I. Summary of 0200 Roadway 1 101-1 Mobilization LS $ $ 2 102-1 Maintenance of Traffic LS 1 $ $ 3 102-14 Traffic Control Officer MH 120 $ $ 4 102-60 Work Zone Signs ED 300 $ $ Barricade (Temporary) (Types I, II, VP & 5 102-74-1 DRUM) ED 2,200 $ $ 6 102-76 Panels Arrow Advance Warning ED 60 $ $ High Intensity Flashing Lights (Temp - 7 102-77 Type B) ED 240 $ $ 8 110-1-1 Clearing & Grubbing LS 0.47 $ $ 9 110-4 Removal of Existing Concrete SY 1,148 $ $ 10 120-1 Excavation Regular CY 252 $ $ 11 120-6 Embankment CY 308 $ $ 12 285-704 Base Optional (Base Group 04) SY 1,757 $ $ PAGE 41 OF 130 BID No. 08-10-01 13 400-1-15 Conc. Class I (Miscellaneous) CY 0.5 $ $ 14 425-6 Valve Boxes (Adjust) EA 3 $ $ 15 425-5-1 Manhole Utilities (Adjust) EA 1 $ $ 16 520-1-10 Curb & Gutter Conc. (Type F) LF 123 $ $ 17 522-1 Sidewalk Concrete (4" Thick) SY 42 $ $ 18 522-2 Sidewalk Concrete (6" Thick) SY 12 $ $ 19 536-73 Guardrail/Fence Removal LF 705 $ $ 20 635-1-11 Pull & Junction Boxes (F&I) (Pull Box) EA 15 $ $ 21 700-48-48 Sign Panels (Relocate) (15 or <) EA 8 $ $ 22 711-11-121 Thermoplastic, Standard, White, Solid, 6" LF 62 $ $ 23 711-11-221 Thermoplastic, Standard, Yellow, Solid, 6" LF 48 $ $ 1$ Subtotal of 0200 Roadway II. Summary of 0400 - Lighting 24 715-1-12 Conductors, F&I, Insulated, No.8-6 LF 12,744 $ $ 25 715-1-13 Conductors, F&I, Insulated, No.4 LF 1,580 $ $ Conduit, (F&I), Underground, PVC Sch 26 715-2-11 40 (2") LF 3,443 $ $ Conduit, (F&I), Under Pavement, PVC 27 715-1-13 Sch 40, (2") LF 220 $ $ Luminaire (F&I), Roadway Special (In- 28 715-11-119 grade Landscape Light) EA 70 $ $ Luminaire (F & I), Roadway Special 29 715-11-119 (Above-grade Landscape Light) EA 20 $ $ 30 715-14-12 Pull Box, (F&I), Sidewalk EA 25 $ $ Pole Cable Distribution System 31 715-500-1 (Conventional) EA 7 $ $ Lighting Pole Decorative, (F&I), Single 32 715-511-140 Arm, Alum., 39' EA 7 $ $ PAGE 42 OF 130 BID No. 08-10-01 Lighting Pole Decorative, (Furnish), 33 715-521-140 Single Arm, Alum., 39' EA 2 $ $ 34 715-4-600 Light Pole Complete, Remove EA 6 $ $ 35 715-7-12 Load Center, (F&I), Primary Voltage EA 1 $ $ 1$ Subtotal of 0400 Lighting III. Summary of 0600 - Landscape/Peripheral Performance Turf, Argentine Bahia Sod 36 570-1-2 on 2" topsoil bed SY 1,737 $ $ Performance Turf, St. Augustine 37 570-1-2 'Floratam' Sod on 2" topsoil bed SY 1,150 $ $ Landscape Complete (Large) Aechmea blanchetiana (Blanchetiana 38 580-1-2 Bromeliad) EA 198 $ $ Bismarkia nobilis 'Silver select' (Bismarck 39 580-1-2 Palms) EA 5 $ $ 40 580-1-2 Clusia guttifera (Small Leaf Clusia) EA 344 $ $ 41 580-1-2 Clusia rosea (Pitch Apple) EA 8 $ $ Cocos nucifera 'Gr. Malayan 42 580-1-2 (Coconut Palm), 4'-6' wd EA 14 $ $ Cocos nucifera 'Gr. Malayan 43 580-1-2 (Coconut Palm), 10' wd EA 32 $ $ 44 580-1-2 Conocarpus erectus (Green Buttonwood) EA 6 $ $ 45 580-1-2 Cordia sebestena (Orange Geiger) EA 7 $ $ Crinum 'Queen Emma', (Q. Emma 46 580-1-2 Crinum) EA 22 $ $ 47 580-1-2 Delonix regia (Royal Poinciana) EA 2 $ $ 48 580-1-2 Ligustrum lucidum (Glossy Privet) EA 9 $ $ Nerium Oleander 'Calypso' (Oleander 49 580-1-2 Tree) EA 31 $ $ Phoenix Dactylifera 'Medjool' (Medjool Date Palm) Furnish, deliver & unload 50 580-1-2 palm on site only EA 35 $ $ PAGE 43 OF 130 BID No. 08-10-01 Phoenix Dactylifera 'Medjool' (Medjool Date Palm) - Labor to install Bid Item #51 including all misc. material (ie: sand, 51 580-1-2 staking, mulch) & clean-up only EA 35 $ $ Phoenix Dactylifera 'Medjool' (Medjool Date Palm) - 18 month Warranty only 52 580-1-2 for Bid Item #51 EA 35 $ $ 53 580-1-2 Phoenix roebelinii (Pygmy Date Palm) EA 20 $ $ 54 580-1-2 Thrinax radiata (Florida Thatch Palm) EA 19 $ $ Relocate (3) existing Coconut Palms & 55 580-1-2 (3) Cabbage Palms EA 6 $ $ 56 580-1-2 Existing tree/shrub removal LS 1 $ $ 57 580-1-2 Fertilize existing Royal and Foxtail Palms EA 67 $ $ Subtotal of Landscape Complete 1$ (Large) Landscape Complete (Small) Chrysobalanus icaco 'Red Tip' 58 580-1-1 (Cocoplum) EA 20 $ $ Conocarpus erectus 'Sericeus', (Silver 59 580-1-1 Buttonwood) EA 8 $ $ 60 580-1-1 Codiaeum variegatum (Croton) EA 80 $ $ Duranta 'Gold Mound' (Gold Mound 61 580-1-1 Duranta) EA 1,294 $ $ Ficus microcarpa 'Green Island' (Green 62 580-1-1 Island Ficus) EA 2,119 $ $ 63 580-1-1 Ficus pumila (Creeping Fig) EA 10 $ $ Euphorbia milii 'Rosy' (Dwarf Crown of 64 580-1-1 Thorns) EA 132 $ $ 65 580-1-1 Dianella tasmanica (Blueberry Flaxlily) EA 792 $ $ Hamelia patens 'Compacta' (Dwarf 66 580-1-1 Firebush) EA 125 $ $ 67 580-1-1 Ixora 'Nora Grant' (Pink Ixora) EA 40 $ $ Schefflera Arboricola 'Trinette' (Dwarf 68 580-1-1 Schefflera) EA 72 $ $ PAGE 44 OF 130 BID No. 08-10-01 Tradescantia pallida 'Purpurea' (Purple 69 580-1-1 Queen) EA 1,500 $ $ Tripsacum f10ridana (Dwarf Fakahatchee 70 580-1-1 Grass) EA 890 $ $ Subtotal of landscape Complete 1$ (Small) Irrigation Complete (SR A 1A/Collins Avenue between 187'h St. & Wm Island 71 590-70 Blvd.) LS 1 $ $ Irrigation Complete (Intersection of SR 72 590-70 A1A/Collins Avenue & Sunny Isles Blvd.) LS 1 $ $ Architectural Pavers on 1 1/2" sand bed 73 526-1-2 including 6" conc. band SY 1,645 $ $ Subtotal of 0600 landscape 1$ IV. Contingency Allowance LS 1 $ 100,000 $100,000.00 TOTAL BASE BID (Items I thru IV) 1$ I GRAND TOTAL $ NOTE: The quantities shown in this bid form are estimates only! They may vary significantly from the actual quantities ordered by the City. Payments shall be for the units ordered, placed, and accepted by the City. The Bidder, by signing this Bid Form and Contract, fully acknowledges that he/she will receive no additional compensation (no overhead, no anticipated profits, etc.) other than the bid unit price of the items times the number of items authorized, ordered, placed, and accepted by the City. Grand Total (based on the estimated quantities) written out in words: Dollars and Cents. DOCUMENT CONTINUES ON NEXT PAGE PAGE 45 OF 130 BID No. 08-10-01 SUBMITTED THIS DAY OF .20 If BIDDER is: AN INDIVIDUAL ~ ~~W (Individual's Name) Doing business as : Business address Phone No Facsimile No If BIDDER is: A PARTNERSHIP ~ (~AW (Firm's Name) General Partner Business address Phone No Facsimile No If BIDDER is: A CORPORATION By (Corporation's Name) State of Incorporation: Representative (Name of Person Authorized to Sign) Title Business address Phone No Facsimile No Attest: (President) (Corporate Seal) If BIDDER is: 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.) PAGE 46 OF 130 BID No. 08-10-01 CERTIFICATE OF AUTHORITY {IF CORPORATION} STATE OF COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of , held on 20--, the following resolution was duly passed and adopted: "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) PAGE 47 OF 130 BID No. 08-10-01 CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) STATE OF COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of , held on 20_, the following resolution was duly passed and adopted: "RESOLVED, that, , as of the Partnership, be and is hereby authorized to execute the Bid dated, 20 , 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 , day of ,20 Secretary: (SEAL) PAGE 48 OF 130 BID No. 08-10-01 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) STATE OF 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 20-, 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 PAGE 49 OF 130 BID No. 08-10-01 SECTION 8 BID BOND STATE OF FLORIDA ) ) COUNTY OF ) 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, 2008 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. 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. DOCUMENT CONTINUES ON NEXT PAGE PAGE 50 OF 130 BID No. 08-10-01 IN PRESENCE OF: Individual or Partnership Principal Affix Corporate Seal Business Address City, State, and Zip Code Business Telephone Business Facsimile ATTEST: Secretary (Corporate Surety)* By: *Impress Corporate Seal IMPORTANT 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 PAGE 51 OF 130 BID No. 08-10-01 SECTION 9 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. The undersigned guarantees, by signature, the truth and accuracy of all statements and the answers contained herein. 9.1. Please describe your company in detail, and submit company brochure, if applicable. 9.2. The address of the principal place of business is: 9.3. Company telephone number: 9.4. Number of full time employees: 9.5. Number of employees assigned to this project: 9.6. Company's Identification Number(s) for the Internal Revenue Service: 9.7. Miami-Dade County and City of Sunny Isles Beach Occupational License Number(s): 9.8. How many years has your organization been in business? 11.9. What similar engagements is your company presently working on? If none, write "none". PAGE 52 OF 130 BID No. 08-10-01 9.10. Have you ever failed to complete any work awarded to you? If so, where and why? 9.11. Number of similar Projects with a contract price 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 % 9.12. List last (3) completed Projects with a contract price in excess of $1,000,000.00. PROJECT 1: Project Name/Location Owner Name Contact PersonjTelephone No. Original Contract Completion Time (Days) Original Contract Completion Date Actual Contract Completion Date Original Contract Price Actual Contract Price PROJECT 2: Project Name/Location Owner Name Contact Person/Telephone No. Original Contract Completion Time (Days) Original Contract Completion Date Actual Contract Completion Date Original Contract Price Actual Contract Price PAGE 53 OF 130 BID No. 08-10-01 PROJECT 3: Project Name/Location Owner Name Contact PersonfTelephone No. Original Contract Completion Time (Days) Original Contract Completion Date Actual Contract Completion Date Original Contract Price Actual Contract Price 9.13 List the following information concerning all contracts in progress as of the date of submission of this Bid in excess of $300,000. (In case of joint venture, list the information for all joint ventures.) If none, write "none". Total Contracted Percentage Project Owner Contract Date of of Name Value Completion Completion (to date) 9.14. Has the Bidder or his/her representative inspected the project site; and does the Bidder have a complete plan for its performance? 9.15. Will you Sub-Contract any part of this work? If so, give details including a list of each Sub-Contractor that will perform work and the work that will be performed by each Sub-Contractor. PAGE 54 OF 130 BID No. 08-10-01 Classification of Work Name and Address of Sub-Contractor If, prior to Notice of the Award, the City or the Consultant has reasonable objection to and refuses to accept any Supplier, person or organization listed, the Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in their bid price. 9.16. Attach the following information to the Bid: 9.16.1 9.16.2 9.16.3 Contractor's home office Organization Chart Contrartor's proposed Organization Chart Resumes of proposed key project personnel, including on-site superintendent 9.17. List and/or describe any: 9.17.1 Current status of all licenses: 9.17.2 Any discipline taken against licenses: 9.17.3 Any instances where company has been investigated or discipline by the Occupational Safety and Health Administration (OSHA): 9.17.4 Complaints filed against the National Labor Review Board (NLRB) or the Equal Employment Opportunities Commission (EEOC): PAGE 55 OF 130 BID No. 08-10-01 9.17.5 Suspension of contracts or debarring from bidding by any public agency brought against the Bidder in the last (5) years: 9.18. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name.) 9.18.1. Correct name of the Bidders is: 9.18.2. The business is a (Sole Proprietorship) (Partnership) (Corporation). 9.18.3. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: 9.18.4. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. If none, write "none". 9.19. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each petition. If none, write "none". 9.20. List and describe all successful Bid, Performance or Payment Bond claims made to your surety(ies) during the last three (3) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). If none, write "none". 9.21. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last three (3) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project. If none, write "none". PAGE 56 OF 130 BID No. 08-10-01 DOCUMENT CONTINUES ON NEXT PAGE Dated this day of ,2007. BY: Signature Print Name Title The foregoing instrument was acknowledged before me this 20-, by day of (AFFIX NOTARY STAMP HERE) Notary Public - State of Florida Print or Type Commissioned Name Personally Known Produced Identification OR ; Type of Identification Produced END OF SECTION PAGE 57 OF 130 BID No. 08-10-01 SECTION 10 NON-COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF ) The undersigned being first duly sworn as provided by law, deposes, and says: 10.1. This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. 10.2. The undersigned is authorized to make this Affidavit on behalf of, (Name of Corporation, Partnership, Individual, etc.) a, , formed under the laws of (Type of Business) (State) of which he is (Sole Owner, Partner, President, etc.) 10.3. Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. 10.4. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any bidder or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said proposal or proposals of any other bidder; and all statements contained in the proposal or proposals described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 10.2, has directly or indirectly submitted said proposal or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. AFFIANT'S NAME AFFIANT'S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _ day of ,200_. Personally Known Type of identification or Produced Identification (Affix seal here) NOTARY PUBLIC (name printed or typed) END OF SECTION PAGE 58 OF 130 BID No. 08-10-01 SECTION 11 PUBLIC ENTITY CRIMES 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, Sub-Contractor, 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 its' agencies. DOCUMENT CONTINUES ON NEXT PAGE PAGE 59 OF 130 BID No. 08-10-01 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. 11.1. This sworn statement is submitted to City of Sunny Isles Beach by [print individual's name and title] for [print name of entity submitting sworn statement] 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: .) 11.2. I 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. 11.3. I 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 trial 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. 11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) 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. 11.5. 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 PAGE 60 OF 130 BID No. 08-10-01 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. 11.6. 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. 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 11.1 (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. By: (Signature) (Printed Name) (Title) Sworn to and subscribed before me this day of , 20-----, by (AFFIX NOTARY STAMP HERE) Signature: Notary Public - State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced END OF SECTION PAGE 61 OF 130 BID No. 08-10-01 SECTION 12 NOTICE OF AWARD TO: PROJECT DESCRIPTION: SR AlA/Collins Avenue Streetscape Improvements, Bid No. The City 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 SR AlA/Collins Avenue Streetscape Improvements Contract Bid # in the estimated 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 days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and Insurance within ten days from the date of this Notice, the City will be entitled to disqualify the Bid, revoke the award and retain the Bid Security . Dated this day of ,20_. BY: A. John Szerlag, City Manager ACCEPTANCE OF NOTICE OF AWARD Receipt of the above Notice of Award is hereby acknowledged by this day of ,20_. BY: TITLE: You are required to return an acknowledged copy of this Notice of Award to the City. END OF SECTION PAGE 62 OF 130 BID No. 08-10-01 SECTION 13 DRAFT AGREEMENT CITY OF SUNNY ISLES BEACH SR AlA/Collins Avenue Streetscape Improvements (from 187th Street to Wm Lehman Causeway) WITH CONTRACT NO: 08-10-01 THIS AGREEMENT ("Agreement") made and entered into this day of 200--1 by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred as to "City''), and , a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as "Contractor"). RECITALS WHEREAS, Contractor has expressed the ability and desire to provide Services, subject to the terms and conditions contained herein, and has submitted a proposal to the City for the Collins Avenue Streetscape Improvements, which is attached hereto and made a part hereof; and WHEREAS, the City's Code provides that any purchase in excess of $25,000.00 requires City Commission approval and compliance with the City's procurement code, which mandates that such purchases must be awarded by competitive bidding, with certain limited exceptions; and WHEREAS, in response to the City's Invitation to Bid No. 08-10-01 and Resolution No. NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 13.1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 13.2. WORK. Contractor shall complete all work as specified or indicated in the Contract Documents as defined in Section 13.4 herein and Section 5.1 of the General Conditions to the Bid Documents. The Work is generally described as streetscape and landscape enhancements on SR AlA/Collins Avenue from 187th Street to Wm Lehman Causeway and the intersection of SR A1NCollins Avenue and Sunny Isles Boulevard. 13.3. CONSULTANT. The project has been designed by: O'Leary Richards Design Associates, Inc. Landscape Architects 8525 SW 92nd Street, Suite C-ll Miami, Florida 33156 (305) 596-6628 CA. No. LC26000195 PAGE 63 OF 130 BID No. 08-10-01 and Alvarez Engineers, Inc. Civil/Electrical Engineers 10560 NW 25th Street, Suite 102 Miami, FL 33172 (305) 640-1345 CA No. 7538 Who is hereinafter called Consultant or Engineer and who is to act as City's representative, assume all duties and responsibilities and have the rights and authority assigned to Consultant in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 13.4 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between City and Contractor, defined in Section 5.1 of the General Conditions and incorporated herein, concerning the Work consist of the following: List of Drawings Legal Advertisement/Notice to Bidders Instructions to Bidders General Conditions Supplementary Conditions Bid Response Sheet/Bid Form Bid Bond Bidder Qualifier Statement Non-Collusive Affidavit Public Entity Crimes Notice of Award Draft Agreement Notice to Proceed Form of Payment Bond Form of Performance Bond Acknowledgement of Conformance with OSHA Standards Equal Opportunity / Affirmative Action Statement Conflict of Interest Statement Dispute Disclosure Form Anti-Kickback Affidavit Bid Checklist General Requirements: Summary of Work Special Coordination Special Coordination Franchised and Other Private Facility Measurement and Payment Processing Application for Paymemt Construction Scheduling Shop Drawings Trench Safety Design Trench Safety Program Standard Specifications and Details Regulatory Requirements PAGE 64 OF 130 BID No. 08-10-01 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 Section 15 Section 16 Section 17 Section 18 Section 19 Section 20 Section 21 Section 22 Section 23 Section 24 Section 25 Section 26 Section 27 Section 28 Section 29 Section 30 Section 31 Section 32 Section 33 References and Standards Quality Control Unfavorable Construction Conditions Facility Testing Close Out Documents Section 34 Section 35 Section 36 Section 37 Technical Specifications: Project Area Preparation Architectural Pavers Irrigation System Landscaping Existing Tree Relocation Special Luminaire Units 2007 FDOT Standard Specifications for Road and Bridge Construction Section 02222 Section 02515 Section 02810 Section 02900 Section 02910 Section 715 DRAWINGS: DESCRIPTION LANDSCAPE PLANS COMPONENT Key Sheet Tabulation of Quantities General Notes Landscape Notes Plant Schedule and Planting Details Existing Tree Inventory (SRA1A / Collins Avenue) Existing Tree Inventory (Intersection of Collins Avenue and Sunny Isles Blvd.) Existing Tree Index Chart Landscape Plan (SRA1A/Collins Avenue) Landscape Plan (Intersection of Collins Avenue and Sunny Isles Blvd.) Promenade Layout Plan (SRA1NCollins Avenue) Site Details Irrigation Plan (SRA1NCollins Avenue) Irrigation Plan (Intersection of Collins Avenue and Sunny Isles Blvd.) Irrigation Legend Irrigation Notes Irrigation Details ROADWAY PLANS COMPONENT Key Sheet Typical Section Construction Notes / Tabulation of Quantities Roadway Plans Verified Utility Information LIGHTING PLANS COMPONENT Key Sheet Tabulation of Quantities General Notes Pole Data and Legend Lighting Plans Landscape Lighting Data and Legend Landscape Lighting Plans Lighting Details PAGE 65 OF 130 BID No. 08-10-01 SHEET NO. LD-1 LD-2 LD-3 LD-4 LD-5 LD-6 - LD-9 LD-lO LD-ll - LD- 13 LD-14 - LD-17 LD-18 LD-19 - LD-23 LD-24 - LD-26 LD-27 - LD 30 LD- 31 LD-32 LD-33 LD-34 - LD-35 1 2 3 4-6 7 L-1 L-2 L-3 L-4 L-5 - L-7 L-8 - L-9 L-1O-L-12 L-13 - L-18 13.5. CONTRACT TIME. The Work will be substantially completed within 150 calendar days after the date when the Contract Times commence to run and be completed and shall be ready for final payment within 180 calendar days after the date when the Contract Times commence to run. 13.6. UOUIDATED DAMAGES. The City and Contractor realize that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in this section, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by City if the Work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay City One Thousand Five Hundred and 00/100 dollars ($1,500.00) for each day that expires after the time specified above for the Substantial Completion Date and the actual date of Substantial Completion. Furthermore, if Contractor shall neglect, refuse, or fail to complete the Project by the Project completion date or any proper extension thereof granted by City, then Contractor shall pay the City One Thousand and 00/100 dollars ($1,000.00) for each day that expires after the time specified for completion and readiness for final payment and the actual date of completion and readiness for final payment. 13.7. INCENTIVE BONUS. The City desires to expedite construction on this Contract to minimize the inconvenience to the public and to reduce the time of construction. In order to achieve this, an incentive provision is established for the Contract. If Contractor is entitled to an increase in the Contract Price as a bonus for completion of the Work prior to the time specified for completion and readiness for final payment, the Contract Price will be increased by the sum of One Thousand Five Hundred and 00/100 dollars ($1,500.00) for each calendar day up to a maximum of thirty (30) calendar days the Project is fully complete prior to the time specified for completion and readiness for final payment and the actual date of completion and readiness for final payment. 13.8. COMPENSATION. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in the Contract Documents. Contractor shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Contractor only for work actually completed. 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. 13.9. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 13.10. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. PAGE 66 OF 130 BID No. 08-10-01 13.11. INDEMNIFICATION. Contractor agrees to indemnify, defend and hold harmless, the City, its officers, agents, and employees from, and against, any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of Services pursuant to that Agreement and to that extent the Contractor shall pay such claims and losses and shall .pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a speCific consideration from the City to the Contractor for this indemnity. Contractor shall, at its own sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, Contractor's or employees, as more particularly set forth below and in conformity with the specific insurance categories referenced in Section 5.14 of the General Conditions to the Contract Documents: General liability insurance, including broad form contractual liability coverage for all operations, including but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of Two Million Dollars ($2,000,000) combined single limit occurrence. 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(ies) must include: Employers' Liability at the statutory coverage amount. The Contractor shall further insure that all of its Sub- Contractors maintain appropriate levels of worker's compensation insurance. Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Such insurance shall not diminish Contractor's 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. Prior to the execution of this Agreement, 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. 13.12. TERMINATION. PAGE 67 OF 130 BID No. 08-10-01 If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 13.15 herein. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph 13.8 shall be applicable hereunder. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 13.13. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 13.14. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 13.15. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party 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: PAGE 68 OF 130 BID No. 08-10-01 If to the City: A. John Szerlag With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Ave. City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 18070 Collins Avenue Ph: 305-792-1701 Sunny Isles Beach, Florida 33160 Ph: 305-792-1702 If to the Contractor: 13.16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 13.17. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 13.18. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 use. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 13.19. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami- Dade County Conflict of Interest Ordinance Section 2-11.1, as amended and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. Th Contractor further covenants that in the performance of this Agreement, no person having any interest shall knowingly be employed by the Contractor. No member of, or delegate to the Con ss the United States shall be admitted to any share or part of this Agreement or to any benefits ari ng the from. 13.20. ENTIRE AGREEMENT. This Agreement and the Contract Documents as defined in Section 5.1 of the General Conditions to the Contract Documents, which is expressly incorporated herein by PAGE 69 OF 130 BID No. 08-10-01 reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESSES: COMPANY'S NAME BY: Company CITY OF SUNNY ISLES BEACH ATTEST: BY: BY: Jane A. Hines, CMC, City Clerk Norman S. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Hans Ottinot, City Attorney END OF SECTION PAGE 70 OF 130 BID No. 08-10-01 SECTION 14 NOTICE TO PROCEED TO: DATE: PROJECT DESCRIPTION: SR AlA/Collins Avenue Streetscape Improvements, Sid No. , in accordance with Plans Contract Documents as prepared by O'Leary Richards Design Associates and Alvarez Engineers, Inc. You are hereby notified to commence Work in accordance with the Agreement dated on or before And you are to fully complete the Work and have it ready for final payment within 180 calendar days thereafter. The date of completion of the Work in full is therefore City of Sunny Isles Beach BY: A. John Szerlag, City Manager ACCEPTANCE OF NOTICE TO PROCEED Receipt of the above Notice to Proceed is hereby acknowledged by this day of ,20_. BY: TITLE: You are required to return an acknowledged copy of this Notice to Proceed to the City. END OF SECTION PAGE 71 OF 130 BID No. 08-10-01 SECTION 15 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 [type in amount ] 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. 08-10- 01, awarded the day of , 20 , for the SR A1NCollins Avenue Streetscape Improvements Project in accordance with contract documents prepared by the City of Sunny Isles Beach, 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: 15.1. 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 Agreement; and 15.2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) supplying Contractor with all labor, materials and supplies used directly or indirectly by Contractor in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 15.2.1. 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. 15.2.2. 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. 15.2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding paragraphs 15.2.1 and 15.2.2 have been given. 15.2.4. 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 PAGE 72 OF 130 BID No. 08-10-01 affect the Surety's obligation under this Bond. Signed and sealed this day of ,20 WITNESS: BY: (Name of Corporation) Secretary (Signature) (CORPORATE SEAL) (Type Name and Title Signed Above) IN THE PRESENCE OF; INSURANCE COMPANY: BY: *Agent and Attorney-in-Fact * (Power of Attorney must be attached) (Address) (City/State/Zip Code) (Telephone) STATE OF FLORIDA ) ) COUNTY OF ) , [name of person], as AFFIX NOTARY STAMP HERE: Signature: Notary Public - State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced PAGE 73 OF 130 BID No. 08-10-01 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 SECRETARY OF CORPORATION END OF SECTION PAGE 74 OF 130 BID No. 08-10-01 SECTION 16 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.: 08- 10-01, awarded the day of , 20 , with SR AlA/Collins Avenue Streetscape Improvements in accordance with contract documents prepared by O'Leary Richards Design Associates, Inc. and Alvarez Engineers, Inc., 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: 16.1. Fully performs the Contract between the Contractor and the SR AlA/Collins Avenue Streetscape Improvements (Bid No. 08-10-01) 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 16.2. 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 16.3. 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: 16.4. 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: 16.4.1. Complete the Contract in accordance with its terms and conditions; or 16.4.2 Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination of the Surety of the lowest, responsible and responsive Bidder, or, if the City elects, upon determination by the City, and Surety jointly of the lowest, 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. PAGE 75 OF 130 BID No. 08-10-01 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. 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 ,20 WITNESS: BY: (Name of Corporation) Secretary (Signature) (CORPORATE SEAL) (Type Name and Title Signed Above) IN THE PRESENCE OF; INSURANCE COMPANY: BY: * Agent and Attorney-in-Fact * (Power of Attorney must be attached) (Address) (City/State/Zip Code) (Telephone) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by [name of person], as [type of authority], for [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: Signature: Notary Public - State of Florida Personally Known Print or Type Commissioned Name OR Produced Identification PAGE 76 OF 130 BID No. 08-10-01 Type of Identification Produced 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 SECRETARY OF CORPORATION END OF SECTION PAGE 77 OF 130 BID No. 08-10-01 SECTION 17 ACKNOWLEDGMENT OF CONFORMANCE WITH OSHA STANDARDS To: City of Sunny Isles Beach We, ' hereby acknowledge and [Prime Contractor] agree that we, as the Prime Contractor for the SR AlA/Collins Avenue Streetscape Improvements, 08-10- 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 against any and all liability, claims, damages losses and expenses they may incur due to the failure of [Sub-Contractor] [ Sub-Contractor] [Sub-Contractor] to comply with such act or regulation. CONTRACTOR TITLE BY: END OF SECTION PAGE 78 OF 130 BID No. 08-10-01 SECTION 18 EQUAL OPPORTUNITY I AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: Title: Firm: Address: END OF SECTION PAGE 79 OF 130 BID No. 08-10-01 SECTION 19 CONFLICT OF INTEREST STATEMENT STATE OF FLORIDA COUNlY OF BEFORE ME, the undersigned authority, personally appeared was duly sworn, deposes, and states: 19.1. I am the a local office in and principal office in , who of with 19.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. 08-10-01 described as: SR A1NCollins Avenue Streetscape Improvements. 19.3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 19.4. The Affiant states that only one submittal for the above bid is being submitted and that the above named entity has no financial interest in other entities submitting bids for the same project. 19.5. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for the above bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 19.6. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 19.7. Neither the entity, nor its affiliates, nor anyone associated with them has any potential conflict of interest due to any other clients, contracts, or property interests for this project. 19.8. I certify that no member of the entity's ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 19.9. I certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 19.10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated this day of ,20_" AFFIANT Print or Type Name and Title Sworn to and subscribed before me this _ day of o Personally Known OR o Produced Identification ; Type of Identification ,20 NOTARY PUBLIC STATE OF FLORIDA PAGE 80 OF 130 BID No. 08-10-01 SECTION 20 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "X" after "Yes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. 20.1. Has you firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES NO 20.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES NO 20.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES NO If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this bid for the City of Sunny Isles Beach, Bid No. 07-10-04, Landscape Maintenance Services. Firm Date Authorized Signature Print or Type Name and Title END OF SECTION PAGE 81 OF 130 BID No. 08-10-01 SECTION 21 ANTI-KICKBACK AFFIDAVIT COUNTY OF ) ) ) STATE OF FLORIDA I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Title: The foregoing instrument was acknowledged before me this _ day of 20_, by [name of person], as [type of authority], for [name of party on behalf of whom instrument was executed). AFFIX NOTARY STAMP HERE: Notary Public - State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced END OF SECTION PAGE 82 OF 130 BID No. 08-10-01 SECTION 22 BID CHECKLIST THE FOLLOWING ARE REQUIREMENTS OF THIS BID. USE OF THIS CHECKLIST WILL HELP ENSURE THAT YOUR SUBMISSION IS COMPLETE. Place a check mark in the "Done" column as you complete and enclose each item. Required Done Requirement ./ Bid Response Sheet/Bid Form/Bid Specifications ./ Bid Security - Five Percent (5%) ./ Certificate(s) of Insurance ./ Certificates of Competencies ./ Local Business Tax (Occupational Business License) ./ State License(s) ./ List of Proposed Sub-Contractors ./ Bidder Qualification Statement ./ Non-Collusion Affidavit ./ Non-Kickback Affidavit ./ Public Entity Crimes Sworn Statement ./ Acknowledgement of Conformance with OSHA Standards ./ Equal Opportunity/Affirmative Action Statement ./ Conflict of Interest Statement ./ Dispute Disclosure Form ./ Bid Checklist This checklist must be part of the Bid. Please read the entire Bid documents thoroughly to ensure that your submission is complete. END OF SECTION ,. PAGE 83 OF 130 BID No. 08-10-01 SECTION 23 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 as well as FDOT Standard Details and Specifications as described in the Contract Documents. More specifically: Furnishing and installing all materials, tools, labor and superintendence necessary for the construction of new concrete paver sidewalks, roadway lighting, landscape lighting, electrical work, landscaping and irrigation for SR AlA/Collins Avenue within the project limits as indicated in the Construction Documents. END OF SECTION PAGE 85 OF 130 BID No. 08-10-01 SECTION 24 SPECIAL COORDINATION The City, while not directing the methods or means by which the Contractor performs the Work, does require the Contractor to perform certain work first that is tied to a time sensitive grant provided by Miami-Dade County for landscape work within FDOT's right-of-way. More specifically: The Contractor is to complete the planting, irrigation and landscape lighting work behind the retention areas on the north and south sides of l89th Street from l87th Street to Wm Lehman Causeway, the planting, irrigation and paver sidewalk work on the east side of SR AlA/Collins Avenue adjacent to the Wm Lehman Causeway ramp (east and west sides) and the planting and irrigation work at the intersection of SR AlA/Collins Avenue and Sunny Isles Boulevard prior to any other work. END OF SEUION PAGE 86 OF 130 BID No. 08-10-01 SECTION 25 SPECIAL COORDINATION FRANCHISED AND OTHER PRIVATE FACILITY 25.1 Contractor shall contact the following classes of franchised utilities and private facility companies and those specifically identified on the Drawings, 48 hours prior to beginning the Work. 25.1.1 Telephone Company(s) 25.1.2 Electric Power 25.1.3 Cable Television 25.1.4 Gas Company 25.1.5 Pipeline 25.1.6 Fiber Optics 25.2 In addition, the Contractor shall call in advance for line locations by calling "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 PAGE 87 OF 130 BID No. 08-10-01 SECTION 26 MEASUREMENT AND PAYMENT Measurement and Payment applies to the Bid Form for a unit price bid. The quantities established are for the purposes of evaluating Bids and establishing unit prices for change orders should the scope of Work change during the production of the Project. The 2009 FDOT Basis of Estimates Manual was used in determining the method of documenting design quantities, as well as selection criteria, for construction pay items for projects within FDOT rights-of-way. Refer to 2009 FDOT Basis of Estimates Manual at http://www.dot.state.f1.us/specificationsoffice/Esti matesl BasisofEstimatesl BOEManual END OF SECTION PAGE 88 OF 130 BID No. 08-10-01 SECTION 27 PROCESSING OF APPLICATION FOR PAYMENT Cut-off date is the close of the business day of the 20th day of each month. Contractor shall submit by the 25th day of each month Contractor's completed Statement of Services/Invoice. Should the 25th fall on a weekend or holiday, Contractor shall submit his application on the next workday. Contractor is advised that processing of invoices must follow this schedule, as the City has funding requirements and other payment obligations which may prevent payment of late Statement of Services for that month's billing cycle. A late Statement of Services with a recommendation for payment by the Consultant and approved by the Consultant will be paid in the next month's billing cycle. END OF SECTION PAGE 89 OF 130 BID No. 08-10-01 SECTION 28 CONSTRUCTION SCHEDULING 28.1 TIME OF SUBMISSION: Contractor shall submit to the Consultant and the City a Project CP.M., within 15 Days of receipt of Notice Of Award. The Project CP.M. (Critical Path Method) Schedule shall be a computer generated by Primavera SureTrak (latest edition) or equivalent with 100% SureTrak compatibility. 28.2 SCHEDULE REQUIREMENTS: The schedule shall include at the minimum the following: 1. Activity Identification 2. Activity Description 3. Activity Duration 4. Remaining Duration 5. Early Start / Early Finish 6. Late Start / Late Finish 7. Total Float 28.3 Two reports shall be required: 28.3.1 A Classic Tabular Form including items 1 -7 listed above 28.3.2 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. 28.3.3 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. 28.3.4 The Contractor shall include the predecessor / 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. 28.3.5 The CP.M. Schedule shall include the Work outlined in the Contract Documents for the Project. It shall include a complete listing of all shop drawing submittals, drawings, samples and technical specifications as required by the Contract Documents. The requirements for shop drawing submittals shall be directly related to their respective units of Work. The CP.M. shall clearly indicate the Contractors delivery, the Consultants review and the delivery time after approval. Activities associated with shop drawing submittals shall be grouped in accordance with the General Requirements of shop drawing submittals and or the technical specifications for the Project. 28.3.6 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 CP.M. Schedule. 28.4 METHOD OF SUBMISSION I REVISION: Contractor shall submit (1) copy on CD of all Project Files to the City for review. The 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. PAGE 90 OF 130 BID No. 08-10-01 28.5 MONTHLY UPDATES: The Contractor shall submit a revised CP.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 CP.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 percentages 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. 28.6 AMENDING THE C.P.M. SCHEDULE: The CP.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 PAGE 91 OF 130 BID No. 08-10-01 SECTION 29 SHOP DRAWINGS 29.1 NUMBER OF COPIES REQUIRED: For shop drawings and data which requires review, the minimum number of copies required is six (6). 29.2 DISPOSITION OF SUBMITTAL DATA: Data is reviewed and requires no correction will be marked "No Exceptions Taken" or "Approved" or "Reviewed" and distributed for Data construction and I or manufacture. Data that is reviewed and has only minor corrections will be stamped "Approved as Noted" and distributed for construction and I 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". 29.3 REVIEW PERIOD: The Consultant shall review submittals and respond to them within (10) working days of their receipt. END OF SECTION PAGE 92 OF 130 BID No. 08-10-01 SECTION 30 TRENCH SAFETY DESIGN Part 1 - GENERAL 30.1 Section Includes: All geotechnical, structural or other design considerations necessary for trench safety design. 30.2 References: Department of Labor criteria and OSHA Safety and Health Standards (29 CFR 1926/1010), and the State of Florida trench safety criteria. 30.3 System Description: Design requirements. Designer shall have sufficient professional engineering competence to designate necessary geotechnical investigation, interpret geotechnical information, and formulate structural design. Performance Requirements. Provide for safety of all personnel and the public present in or adjacent to any trench constructed under the scope of this contract. 30.4 Quality Insurance: Qualification. Designer to have completed a minimum of 20 trench safety designs in the last two (2) years and have had no trench safety design failures. Regulatory Requirements. Conform to any local, State, and Federal laws, rules, regulations, and ordinances covering design and trench safety designs. 30.5 REVIEW PERIOD: The Consultant shall review submittals and respond to them within 10 working days of their receipt. Part 2 - PRODUCTS Not included in this section Part 3 - EXECUTION 30.6 field Quality Control: Inspect the Work with sufficient regularity to assure compliance with trench safety design. END OF SECTION PAGE 93 OF 130 BID No. 08-10-01 SECTION 31 TRENCH SAFETY PROGRAM Part 1 - GENERAL 31.1 Section Includes: Furnishing, installing, operating, maintaining, adjusting, and removing all materials, labor, tools, equipment and superintendence necessary for trench safety program. 31.2 Related Sections: Section 30 - Trench Safety Design 31.3 Performance: Comply with trench safety design. Part 2 - PRODUCTS Not included in this section Part 3 - EXECUTION 31.4 Installation: Install, operate, maintain, adjust, and remove trench safety equipment, and precautions in accordance with trench safety program. 31.5 field Quality Control: Inspect the Work with sufficient regularity to assure compliance with trench safety design. PAGE 94 OF 130 BID No. 08-10-01 SECTION 32 STANDARD SPECIFICATIONS AND DETAILS 32.1 Technical Specifications: The Technical Specifications which govern the materials to be furnished and the Work to be performed under this contract are found in the Technical Specification portion listed in the Table of Contents at the beginning of the document. The Technical Specifications incorporated in this document shall supplement the FDOT Standard Specifications and the more stringent, as defined by the Consultant, shall apply. The Technical Specifications referred to above are supplemented by FDOT Standard Specifications for Road and Bridge Construction 2007, all of which shall be treated as though incorporated herein. 32.2 Construction Drawings or Plans: The Construction Drawings or Plans on which the Contract is based consist of those sheets enumerated in Section 2, List of Drawings. The Construction Drawings or Plans referred to above are supplemented by FDOT Standard details, all of which shall be treated as though incorporated herein. END OF SECTION PAGE 95 OF 130 BID No. 08-10-01 SECTION 33 REGULATORY REQUIREMENTS 33.1 Local: Comply with The City of Sunny Isles Beach, South Florida Building Code, Dade County Product Approval Process, Florida Department of Transportation, Dade County Water and Sewer Department standards for permits, materials, and workmanship, and all other governmental and quasi- governmental organizations that have jurisdiction over the work. 33.2 State: Comply with State of Florida Laws and Regulations, at a minimum. The right is reserved by City 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. 33.3 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 PAGE 96 OF 130 BID No. 08-10-01 SECTION 34 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 ACI AGMA AlEE AISC ANSI ASCE ASA ASHE ASME ASTM AWPA AWSC AWWA CIPRA Fed. Spec. FDOT NAA Navy Spec. NEC NEMA OSHA SAE U.L. Inc. SHBI PAGE 97 OF 130 BID No. 08-10-01 for American Association of State Highway and Transportation Officials for American Concrete Institute for American Gear Manufacturers Association for American Institute of Electrical Engineers for American Institute of Steel Construction for American National Standards Institute for American Society of Civil Engineers for American Standards Association for American Society of Heating and Ventilating Engineers for American Society of Mechanical Engineers for American Society for Testing Materials for American Wood Preservers Association for American Welding Society Code for American Water Works Association for Cast Iron Pipe Research Association for Federal Specification for Florida Department of Transportation for National Arborist Association for Navy Department Specification for National Electric Code for National Electrical Manufacturers Association for Occupational Safety and Health Administration for Society of Automotive Engineers Association for Underwriter's Laboratories, Inc. for Steel Heating Boiler Institute END OF SECTION SECTION 35 QUALITY CONTROL UNFAVORABLE CONSTUCTION 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. END OF SECTION PAGE 98 OF 130 BID No. 08-10-01 SECTION 36 FACILITY TESTING 36.1 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 Consultant, make all changes, adjustments, and replacements required. Water, sanitary sewer and storm drainage improvements constructed under this contract will be subject to, at a minimum, the following tests: 36.2 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 Consultant 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 City. END OF SECTION PAGE 99 OF 130 BID No. 08-10-01 SECTION 37 CLOSE OUT DOCUMENTS Contractor shall provide at the minimum 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. 5 - Paper copies of the Project "As Built" Survey prepared in CAD format, signed and sealed by a licensed surveyor registered in the State of Florida. 3. 1 CAD disk of the "As Built Survey" in AutoCAD 2005 or newer. Scan disks are not allowed. 4. Operating manual, parts lists and warranties for equipment installed. 5. Final inspection release from the Building Department for all irrigation and electrical equipment installed. 6. Release of lien from all subcontractors and materialmen. 7. Release from surety for final payment. 8. Final release of lien from the Contractor. 9. Completion of all punch list items 10. Acceptance by all permitting and interested agencies PAGE 100 OF 130 BID No. 08-10-01 TECHNICAL SPECIFICATIONS PAGE 101 OF 130 BID No. 08-10-01 SECTION 02222 PROJECT AREA 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 decorative paving, landscaping, irrigation and lighting. 1.02 DEFINmONS 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, 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, street paving, miscellaneous stone, sidewalks, drainage structures, manholes, catch basins, abandoned railroad tracks, wood bollards and scrap iron. 1.03 SITE CONDITION The site is all or partially in the flood plain. Surface and ground water conditions do exist within the areas of proposed Work, which may impede performance of the Work. 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 1. Removal Sidewalks, 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, etc., shall be backfilled and shall be reestablished to approximately the same as existed prior to removal of the obstruction. END OF SECTION PAGE 102 OF 130 BID No. 08-10-01 SECTION 02515 ARCHITECTURAL PAVERS PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and provISIons of the Contract, (including General and Supplementary Conditions) and all Technical Specification sections, apply to Work of this section. 1.02 DESCRIPTION OF WORK A. The Contractor shall furnish all concrete pavers, labor, materials, equipment and services necessary for, and reasonably incidental to the construction of finish paving as shown on the drawings and as specified herein. 1.03 SUBMITTALS A. Shop Drawings: Before constructing a concrete paver sample and before laying any finished paving, the Contractor shall submit shop drawings of the paving pattern as indicated on the drawings. Such shop drawings shall show the layout of the paving bands, and proposed paving pattern to be installed. Shop drawings shall include measurements of paver sizes, joints, pattern layout and all dimensions as necessary. B. Sample Panel: At a location to be approved by the Consultant, the Contractor shall construct a sample panel, 6' x 6', using the concrete pavers and methods proposed for use in the finished Work. The panels shall demonstrate both the header course and paving pattern (including all colors specified) as shown on the drawings. 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. 1. The Contractor shall coordinate the Work of this section with all other appropriate sections of the specification as necessary to insure that proper provisions are made for the Work of this section. C. The Contractor shall submit the mixes and bedding systems they intend to use to the Consultant for approval before the Contractor commences the Work. D. Testing: Destructive testing reports for representative samples of unit pavers at no less than a ratio of 1 unit per 5,000 sJ. 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 A. Contractor must have 24 months of previous continuous experience in the installation of compressed concrete paver units in the State of Florida. PART 2 - PRODUCTS PAGE 103 OF 130 BID No. 08-10-01 2.01 MANUFACTURERS A. Approved manufacturer's include, but are not limited to, the following: 1. Hanson Hardscape Products, Inc. 2. Paver Systems, Inc. 2.02 CONCRETE PAVERS A. Paver blocks shall be composed of compressed concrete and meet or exceed performance standards set by Hanson Paver Products, Inc. Pompano Beach, Florida or approved equal. Pavers shall be in conformance with ASTM C936-82. B. Color shall be selected by Consultant to include up to a 2 color scheme. C. Concrete paver sizes shall be those necessary to construct the paving pattern as recommended by the manufacturer. D. All concrete pavers shall be shipped and packaged in pallets in accordance with manufacturer's standard packaging procedures. Concrete pavers shall not be dumped at the site. E. Concrete pavers shall be kept protected, until they are installed, with weatherproof, non- staining tarpaulins. Cracked, broken, stained, or otherwise damaged pavers will not be acceptable in finished Work. 2.03 PAVER SEALER A. Solvent based Acrylic Sealer - Crystal Clear Sealer by Cobble Coat, 1880 NW 18th St., Pompano Beach, Florida 33069 (954) 971-9111. 2.04 MATERIAL MIXED FOR SETTING BED AND JOINTS A. Bed and Joint 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 SETTING BED INSTALLATION A. Place aggregate for compacted base over properly prepared and compacted subgrade. Provide compacted thickness of base indicated to allow for thickness of leveling bed and concrete paving units. Compact base to 95% of maximum dry density in accordance with ASTM D 1557. B. Place aggregate for leveling base and screed loose to a minimum thickness of 1-1/2", taking care to ensure it remains loose until paving units are set and compacted. C. Treat leveling base with suitable soil sterilizer to prohibit growth of grass and weeds. D. Set concrete paving units 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. Select units from 4 or more cubes to blend color and texture variations. PAGE 104 OF 130 BID No. 08-10-01 E. Vibrate concrete masonry paving units into leveling base with a plate vibrator capable of a 3,500 to 5,000 lb. compaction force. Perform this operation on installed areas of paving at end of each day or before any rain. F. Fill joints after vibration with sharp sand as specified in this section. G. Finish grade to allow for settlement: finish elevation for ungrouted, mortarless block pavers shall be 1/8" higher than adjacent concrete. In lawn areas as indicated on drawings the finish elevation at the pavers shall be 1" higher than the finished grade of lawn. 3.02 GENERAL PAVER INSTALLATION A. Do not use pavers with excessive chips, cracks, voids, discolorations or other defects which might be visible or cause staining in finished Work. B. Cut pavers with motor-driven saw equipment to provide clean, sharp, unchipped edges. Cut units to provide pattern shown and to fit adjoining work neatly. Use full units without cutting. C. Set pavers accurately to lines, levels and in patterns as indicated on drawings and with uniform joints of width indicated. Back cut all pavers as required to accommodate Work of other trades located in setting beds. D. Tolerances 1. Maintain surface plane for finished masonry paving not exceeding a tolerance of 1/8" in 10' when tested with a 10' straight edge. E. Provide edging as indicated on plans. Install edging prior to placing masonry paving units. 3.03 CUTTING PAVER BLOCKS A. Layout paver and adjust brick coursing such that no brick shall have to be cut along, or parallel to, its long axis, unless approved by Consultant. B. Layout pavers and adjust brick coursing such that no brick shall be cut to less than half its length across its long axis. If it is unavoidable to cut bricks smaller than one-half (1/2) their long dimension due to the necessity of maintaining the paving pattern, the Contractor shall notify the Consultant and request their permission to proceed with the cutting. 3.04 REPAIR, POINTING, CLEANING AND PROTECTION A. Remove and replace paver units which are loose, chipped, broken, stained or otherwise damaged, or if units do not match adjoining units and install in same manner as original units, with same joint treatment to eliminate evidence or replacement. B. Protect paver block installations from deterioration, discoloration or damage during subsequent construction and until acceptance of Work, in compliance with recommendations of installer and paving unit manufacturer. PAGE 105 OF 130 BID No. 08-10-01 C. Exposed paver surfaces shall be thoroughly cleaned and free from any traces of stains. At the Contractor's option, he may employ normal, on-site measures to protect exposed brick surfaces from traces of stains, including waxing the exposed surface of the bricks. The Contractor shall submit to the Consultant for approval, the method of protection and cleaning of the paver surface prior to beginning any paver Work. Method of protection and cleaning shall be incorporated in the sample paving panel. 1. Particular care shall be taken cleaning stains from the pavers. Cleaning agents shall be as recommended by the paving manufacturer. 2. The Consultant shall review materials and method for cleaning paver blocks prior to the Contractor installation of paving 3. Do not clean with acid. 4. Dispose of all excess materials following approved installation of all concrete paver areas. S. Cut paver with abrasive cut-off saw. Do not clip or crack. Cut surfaces shall be concealed in the Work. 6. No paver saw dust resulting from cutting shall be permitted to be deposited or disposed in planting areas. 7. After installation, seal pavers with Crystal Clear Sealer, as per specifications by Cobble Coat, Pompano Beach, Florida, or approved equal. Apply two thin coats (2-3 wet mils) per manufacturer's recommendations. (Do not seal pavers in roadway or vehicular areas). END OF SECTION PAGE 106 OF 130 BID No. 08-10-01 SECTION 02810 IRRIGATION SYSTEM PART 1 - GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment, and services to complete the irrigation Work as indicated on the drawings, as specified herein or both. B. The completed and proper construction of the irrigation system including, but not limited to: 1. All piping, including mains, laterals, fittings, sleeves, connections, tees, risers, and swing joints. 2. All control, gate, globe, pressure reducing, air relief, quick coupling and other valves; including valve boxes, markers, connections, operators and other accessories. 3. Complete automatic control system as shown on plans: including electric controller, battery powered controllers, water conservation equipment, and control wiring. 4. All rotating and stationary spray sprinkler heads; including proper nozzles as called for herein and shown on the plans and all other appurtenances and accessories for proper operation. 5. All drip irrigation equipment including drip pipe, disc filter, pressure regulating valve, flush valves, air vacuum relief valve, soil staples, and accessories. 6. Connection of piping to the supply source as shown on the plans. 7. All excavation, site work, relocation or replacement of utilities backfill and restoration of all disturbed areas. 8. Provide a complete and operable system for the irrigation of all landscaping on the project site. 9. Adjust head location, type and size, and any other system components to comply with the requirements of landscaping as actually installed. 10. Supply, deliver, store and protect all equipment and materials including pipe and fittings, sprinkler heads, valves, controllers, wire, and other component parts necessary for the installation of a fully automatic irrigation system as indicated in the plans and specifications. 11. Provide adequate security of materials on site. 1.02 QUALITY ASSURANCE PAGE 107 OF 130 BID No. 08-10-01 A. Applicable ANSI, ASTM, FED. SPEC. Standards and Specifications, and applicable building codes and other public agencies having jurisdiction upon the Work. B. Construct the system in accordance with local codes, ordinances and laws, and manufacturer's instructions. C. Disruption, destruction, or disturbance of existing plant, trees, shrubs, turf, or any structure shall be completely restored at CONTRACTOR'S expense. D. Prevent foreign materials, such as, concrete, mortar mix, limerock, soil, grease, oils, etc. from mixing with native soil except as specified herein. E. Obtain permits and pay required fees to governmental agencies having jurisdiction over the Work. Inspections required by local ordinances or codes shall be arranged as required. F. Work shall be guaranteed for one year from date of acceptance against all defects in materials, equipment and workmanship. Repairs, if required, shall be done promptly. 1.03 SUBMmALS A. Provide catalog cut sheets of products specified or required. The cut sheets shall list manufacturer's name, catalog name, and catalog number as well as size, type, and illustration of product to be supplied. Do not begin construction and installation until products proposed for use are approved. B. Provide manufacturer's warranties as applicable. C. Prepare "As-Built" drawings on reproducible bases which show deviations from the contract drawings. The "As-built" drawings shall also indicate and show approved substitutions of size, material and manufacturer's name and catalog number. Two copies of the drawings and one reproducible mylar shall be submitted before final acceptance of Work. PART 2 - PRODUCTS 2.01 PVC PIPE A. PVC pipe shall be virgin, high impact, polyvinyl chloride pipe which shall be continuously and permanently marked with the manufacturer's name, material, size, and schedule or type. Pipe shall conform to U.S. Department of Commerce Commercial Standard CS 207- 60 or latest revision. Material shall conform to all requirements of Commercial Standard (CS,256-63) or latest revision. B. Main line, sleeves, and laterals shall be SCH 40 PVC conforming to ASTM D, 1785. 2.02 GALVANIZED PIPE A. Pipe installed above grade for the backflow preventers (if required) shall be galvanized painted steel conforming to ASTM A.120 Schedule 40. 2.03 FITTINGS PAGE 108 OF 130 Bm No. 08-10-01 A. PVC fittings shall be SCH 40, Type 1, and must be of domestic manufacturer. Fittings shall be identified according to pressure rating or schedule. B. Galvanized fittings shall be malleable iron screwed fittings conformed to ANSI B 16.3. 2.04 SWING JOINTS AND RISERS A. Pop-up spray heads shall be installed on flexible swing joints consisting of thick-walled poly pipe and '/2" insert elbows. B. Pop-up rotor heads shall be installed on pre-fabricated "0" ring type PVC swing joints manufactured by RainBird or approved equal. C. Shrub type spray heads and bubblers shall be installed on 1/2" SCH 40 PVC risers which shall be painted black to be less visible. 2.05 SPRINKLER HEADS A. Sprinkler heads shall be as manufactured by Toro, RainBird, or approved equal. The manufacturer shall guarantee all sprinklers and components for not less than one year from installation, warranty against all defects in normal material and workmanship. B. Shrub spray heads (Toro Series 570) 1. The sprinklers shall be capable of covering 15 feet radius at 25 PSI. The sprinkler shall consist of nozzle and body. The nozzles shall be of the spray type adjustable by means of a stainless steel screw. Nozzle delivery at maximum flow shall be such as to allow part circle patterns to be compatible in precipitation rates with full circle nozzles. 2. The body of the sprinkler shall be constructed of non-corrosive heavy duty Cycolac. A 2" long cone strainer shall be a separate part from the nozzle assembly to allow for easy flushing of the sprinkler. Maximum working pressure at the base of the sprinkler shall be 50 P.5.I. The sprinkler base shall have 1/2" I.P.5. female threads and shall be approximate 1-1/4" high. C. Pop-up Spray Heads (Toro Series 570) shall be of the fixed spray type designed for in- ground installation. The sprinkler shall be capable of covering a fifteen foot radius at 40 P.5.I. 1. The nozzle shall be comprised of one orifice at two radius ranges and shall be adjustable from full on to full off. The nozzle shall elevate four or twelve inches when in operation. Retraction shall be achieved by a heavy duty stainless steel spring. The nozzle position shall have a smooth external surface operation in a resilient guide. A riser wiper shall be included in the sprinkler for continuous operation under the pressure of sand and other foreign material. 2. Coverage shall be either full or part circle. The part circle coverage shall be available in areas of 90 degrees, 120 degrees, 180 degrees, 240 degrees, and 270 degrees. Also included shall be special configurations. Nozzle delivery shall be such as to allow part circle patterns to match full circle patterns in precipitation rates. PAGE 109 OF 130 BID No. 08-10-01 3. The body of the sprinkler shall be constructed of non-corrosive heavy duty Cycolac. A filter screen shall be in the nozzle piston. All sprinkler parts shall be removable through the top of the unit by removal of a threaded cap. D. Pop-Up Rotor Heads (Rainbird 5000 Series) shall be full and/or part circle gear driven rotary type. Part circle nozzles shall be adjustable from 40 degree to 360 degree arc. All sprinklers shall be capable of 5% radius adjustment. Each sprinkler shall be equipped with a rubber cover, check valve, and the nozzle shall elevate 4" when in operation. Retraction shall be achieved by a heavy duty stainless steel retraction spring. The sprinkler shall have a riser seal and a wiper which permits limited flushing on the down stroke to clear away debris from the riser. Rotation shall be accomplished by a sealed, oil packed assembly isolated from the water supply. The sprinkler housing shall be of a high impact molded plastic with a 3/4" NPT connection. 2.06 ELECTRICAL VALVES A. Series and Manufacturer 1. RainBird Manufacturer 2. PGA Series Diaphragm Valves Electrically activated remote control valve (size as required) shall be of cycolac construction with stainless steel trim, normally closed with manual bled plug and manual control (cross handle on 1-1/2" and 2" models; screwdriver adjustment on 1" model). Solenoid shall be 3.5 watt, 24 volt A.C. with waterproof molded coil and removable from valve without running coil and twisting wire. Diaphragm shall be of rubber material. Tir- Act solenoid porting shall prevent a continuous flow of water through the ports during operation. Inlet port to solenoid shall be filtered with self-flushing stainless steel screen, removable from outside of valve body for maintenance. All parts shall be serviceable without removing valve from the line. Valve shall have no external plumbing or tubing and may be installed at any angle without affecting valve operation. 2.07 VALVE BOXES A. Valve boxes for electric and manual valves shall be Ametek plastic boxes or approved equal with green covers and designed for installation with irrigation systems. The valve box shall be large enough to provide at least two inches of clearance around all valve parts. The word "irrigation" shall be imprinted in the valve box cover. Covers for valve boxes shall have an anti-theft locking mechanism. 2.08 AUTOMATIC CONTROLLER (ELECTRIC) A. Series and manufacturer 1. RainBird Manufacturer 2. ESP-LX Modular Series B. The sprinkler controller shall provide for complete automatic operation of the sprinkler system. The controller shall be wall mounted type, painted forest green or approved equal. Controller shall have a station capacity as noted. Each station shall have an independent time control with a 1 minute to 4 hour timing (in one minute increments). Minor timing adjustments shall be made from the face of the controller with no disassembly necessary. The controller shall provide for rapid advance between stations. PAGE 110 OF 130 BID No. 08-10-01 Stations may be programmed to be omitted. The controller shall provide for manual operation when particular stations require special irrigation. The controller shall provide variable day cycles for every day, every other day, every third day, etc. C. All station wiring shall be color-coded with a section indicator key printed and visible at the connection point. D. There shall be fused circuit protection to prevent damage due to excessive voltage surges. A pump start circuit which can also be used to control a master valve shall be included in each unit. Each controller shall have U.L. approval. E. The casing of each controller shall be a metal locking, weatherproof cabinet. Operation instructions shall be printed on the inside door of each controller for easy access when programming. Section location chart shall also be placed inside cabinet door. 2.09 AUTOMATIC CONTROLLER (BATTERY OPERATED) A. SERIES AND MANUFACTURER 1. Rainbird 2. T 805 Battery Operated B. The controllers shall provide complete automatic operation of the sprinkler system. Each controller shall be mounted in a valve box. Each controller shall have the station capacity noted. Each station shall have an independent time control from 1 minute to 12 hours in one minute increments. 2.10 CONTROL WIRE A. Electrical control and ground wire shall be irrigation control cable. Wiring to be used for connecting the automatic remote control valves to each automatic controller shall be Type "U.F.", 600 volt, solid copper, single conductor wire with PVC insulation and bear U.L. approval for direct underground burial feeder cable. B. Insulation shall be 4/64" thick minimum covering of an approved thermoplastic compound for positive waterproof protection of sizes AWG size 118 through and including AWG size 10. AWG size 8 through AWG size 00 shall be insulated with 5/64" of the approved thermoplastic compound. C. Verification of wire types and installation procedures shall be checked with and made to conform to local codes. Wires shall be color coded and have different color or stripes for each zone control wire between controller and valve. 2.11 BACKFLOW PREVENTION (EXISTING) A. Model and Manufacturer 1. Febco Manufacturer 2. Model No. 765 B. Backflow preventer shall be a pressure vacuum breaker type consisting of two independently operating spring loaded check valves with a vacuum breaker air inlet head mounted on the second of three text clocks. An inlet gate valve and outlet gate valve comprise a complete serviceable device. Each breaker shall consist of two in-line bronze bodies, covers, and vacuum breaker head assembly. All internal parts shall be corrosion PAGE 111 OF 130 BID No. 08-10-01 resistant. 2.12 GATE VALVES A. Gate valves shall be 150 lb. brass with non-rising stem, and shall be manufactured by Nibco or approved equal. 2.13 PAINT A. Exterior alkyd enamel, flat black or approved equal shall be used on above ground PVC risers and other designated irrigation equipment. Contractor shall provide paint sample to Consultant for approval prior to execution of painting. 2.14 RAIN SENSOR/SHUTOFF A. Rain Sensor for the electric control system shall be RainBird RSD-BEX or approved equal. B. Rain shut-off for the battery powered control system shall be Rainbird n05-Rain50 or approved equal. 2.15 DRIP IRRIGATION EQUIPMENT A. Drip irrigation equipment including drip pipe, disc filter, pressure regulating valve, flush valves, air/vacuum relief valves, soil stapes, and accessories shall be manufactured by Netafim or approved equal. PART 3 - EXECUTION 3.01 PREPARATION A. Layout mainlines and laterals and perform line adjustments and site modifications prior to excavation. B. Stake sprinkler head locations and check for uniformity of coverage and correctness of pattern. C. Locate valves to assure ease of access for maintenance and so there is no physical interference with other elements of the project. Align valves parallel to each other in manifold system. D. Furnish temporary support, adequate protection and maintenance of underground and surface utilities, structures, drains, sewers, and other obstructions encountered in the progress of the Work. E. Where the grade or alignment of the pipe is obstructed by existing utility structures such as conduit, ducts, pipe branch connections to sewer mains, main drains, water services, etc., the obstruction shall be permanently supported, relocated, removed, or reconstructed by the CONTRACTOR in cooperation with the Owner of such utility. No deviation from the required line or grade shall be made without the written approval. 3.02 PIPE INSTALLATION PAGE 112 OF 130 BID No. 08-10-01 A. Excavation shall be unclassified and shall include materials encountered in the excavation of trenches for pipe installation. The trench shall be of sufficient width and depth for installation of the pipe as indicated herein and cause minimum disturbance to existing conditions. Bore under existing pavement and sidewalks rather than cut and restore. No pavement shall be cut without written approval. B. Pipe shall be delivered and stored on the job site with suitable protection against any damage to pipe and fittings. C. Trenches shall be made wide enough to allow a minimum of six (6) inches between parallel pipe lines. Trenches for pipe lines shall be made of sufficient depths to provide the minimum cover from finish grade as follows: 1. 36" minimum cover over all sleeved lines routed under pavement. 2. 12" minimum cover over all lateral lines routed in landscaped areas. 3. 18" minimum cover over main lines to 2.5", 24" minimum cover over main lines 3" and above. 4. Allow for sufficient width of excavating and working in trenches made in soft soil. D. Pipe and fittings shall be carefully inspected before installation in the trench. Rocks over 1" diameter and unsuitable bearing material shall be removed from trench. 1. Solvent welded joints shall be made only on clean, dry, square cut, smooth pipe sections. The fitting shall be "dry" tested for proper size before solvent is applied. The assembly shall proceed in strict accordance with recommended procedures furnished by the manufacturer. 2. Solvent welded pipe sections shall be "snaked" from side to side in the trench to prevent joint rupture due to thermal contraction. 3. Pipe openings shall be plugged during construction to prevent entrance of foreign material. E. Place pipe to be installed under roadways, sidewalks, walls, stairs or other hardscape areas in a SCH 40 PVC sleeve which has an inside diameter of not less than one inch larger than the outside diameter of the pipe or the combined outside diameter of pipes installed. Extend sleeve at least 24" beyond edge of pavement and stabilize for construction. Verify locations with other contractors and notify Consultant or City's representative immediately of any conflicts. F. Backfill shall be carefully placed to avoid pipe dislocation. Backfill material shall be free of rocks, stumps, roots and other unsuitable material. Backfill shall be placed in six inch (6") lifts and shall be thoroughly compacted, except in areas to receive trees and shrubs. Backfill under pavement or sidewalks shall be compacted to 98% of maximum A.A.5.H.O. T-180 density. The surface of backfilled trenches shall be even with the surrounding ground surface. 3.03 SPRINKLER HEAD INSTALLATION A. The plans are schematic in nature. Place sprinkler heads, adjust nozzles, spray patterns and make adjustments that may be required to give the landscaped areas full, complete and proper coverage and distribution of water, and to meet manufacturer's requirements for even precipitation rates. B. Install sprinkler heads to minimize vandalism. PAGE 113 OF 130 BID No. 08-10-01 C. Shrub sprinklers shall be installed on 1/2" SCH 40 PVC risers. Each shrub riser shall be installed a uniform height of six inches above grade and shall be located within plant masses to conceal from view. Shrub sprinklers located adjacent to curbs, sidewalks or edge of paving shall be installed twelve to eighteen inches from back of curbs, sidewalks or pavement. All sprinkler head risers above finished grade shall be painted with exterior alkyd enamel paint, flat black color or as approved by the City. Contractor shall provide sample of paint to the Consultant prior to installation. D. Pop-up sprinklers shall be installed on swing joints as shown in detailed drawings. Each sprinkler head shall be installed so that the top is slightly above the finished grade level. Backfill around swing joints and sprinklers shall be free of large rocks, roots, or foreign debris. E. Pop-up spray sprinklers located adjacent to curbs, sidewalks, fences, building or edge of paving shall be installed four inches from back of curb, sidewalk, pavement, buildings, or fences. Pop-up rotary sprinklers adjacent to curbs, sidewalks or edge of parking shall be installed eight inches from back of curb, sidewalk or pavement. 3.04 CONTROLLERS A. Controller shall be installed following the recommendations of the manufacturer of the equipment. The location of each controller shall be approved by the Consultant or City prior to installation. B. Electric Controller shall be installed as a wall mount set perpendicular to grade with the controller secured to an electric panel. C. Electric Controller shall be properly grounded for protection from lightning. D. Battery powered controllers shall be mounted in a valve box. 3.05 CONTROL WIRE A. Control wires shall be installed at least eighteen inches below finish grade and laid to the side of the main line. Provide looped slack at valves and snake wires in bundles at ten foot (10') intervals. B. No underground splices shall be made except at electric valves in valve boxes. Solder splices and coat with elastometric waterproof cement. Wrap with electrical tape and coat again with elastometric waterproof cement. C. All wire passing under existing or future paving or construction shall be encased in SCH 40 PVC conduit extending at least twenty-four inches (24") beyond edges of paving and stabilized for construction. Any wire in plant beds shall be placed in 3/4" Class 160 PVC 18" minimum burial. Installation procedures shall conform to all local codes. D. Wire shall be color coded to facilitate troubleshooting. 3.06 AUTOMATIC VALVES PAGE 114 OF 130 BID No. 08-10-01 A. Each automatic valve shall be installed in a valve box and shall be arranged for easy adjustment. Valve boxes shall be installed flush with grade and shall contain a minimum of one cubic foot of coarse gravel under the valve itself. Contractor shall insure percolation through the box. Valve boxes shall be located and installed to deter vandalism. B. Those valves controlled by battery shall be equipped with the proper latching solenoid. 3.07 BACK FLOW PREVENTER (Existing) A. Backflow preventer shall be installed in accordance with applicable local codes to meet requirements for cross connection control. 3.08 RAIN SENSOR/RAIN SHUT-OFF A. A rain sensor shall be installed in the electrically controlled system to conserve water. The rain sensor shall be installed in accordance with local codes and manufacturer's instructions. Location shall be selected on site. B. A rain shut-off shall be installed with each battery powered controller. 3.09 GATE VALVES A. Gate valves shall be installed in accordance with local codes and arranged in valve box for easy adjustment and removal. 3.10 VALVE BOXES A. Valve boxes shall be installed so the top of the box is at finished grade and parallel to adjacent boxes, curbs, walks. Each valve box cover shall be equipped with an anti-theft mechanism. Valve boxes shall be installed to deter vandalism. B. Proper drainage material shall be provided per box. 3.11 DRIP EQUIPMENT A. Drip irrigation shall be installed in accordance with manufacturer's instructions. Drip pipe with 0.9 GPH/hr. emitters spaced 12" on center shall be spaced a maximum of 24" between rows. 3.12 TESTING AND INSPECTION A. Cleaning and Pressure Testing: Flush irrigation system with water to clear lines of foreign materials after system assembly is complete prior to installation of sprinkler heads. Cap and plug outlets and fill lines with water. Pressurize assembly to 100 P.5.I. and shut off pump. System shall hold at 100 P.5.I. for one hour with no loss in pressure. Joints, tees, elbows, caps and connections shall be left uncovered during this test. Main line sections of solid unbroken pipe should be buried at intervals adequate to secure stabilization of pipe runs when pressurized. If necessary, repair leaks and retest assembly until satisfactory. Install sprinkler heads after approval of test results of complete assembly, less sprinkler heads. PAGE 115 OF 130 BID No. 08-10-01 B. Make repairs, replacements, adjustments, and reconstruction required to pass inspections and test. C. Final inspection shall be made when the complete system is in place, operable and all repairs, additions, adjustments and other work is complete. Demonstrate the proper operation of the system, show the system's conformance with the plans and specifications, and demonstrate that the irrigation system gives proper and adequate coverage of landscaped areas. D. Make further repairs, corrections and adjustments to eliminate any deficiencies which may be discovered after acceptance. 3.13 WARRANTY A. Warranty the landscape irrigation system for a period of one and one-half (1 1/2) years after the written final acceptance. END OF SECTION PAGE 116 OF 130 BID No. 08-10-01 SECTION 02900 LANDSCAPING 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. Existing Tree Relocation - 02910 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: 1. Grades and Standards for Nurserv Plants, Part I and II: Florida State Department of Agriculture (latest edition). 2. Standardized Plant Names: American Joint Committee on Horticultural Nomenclature, latest edition. 3. Hortus: Bailey (latest edition), 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. 1. 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 (ten) days prior to Bid due date.. PAGE 117 OF 130 BID No. 08-10-01 2. The Contractor shall demonstrate complete conformance with requirements of this section in submitting price list. 3. This provision of unit prices shall in no way 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 HANDUNG A. Delivery and Storage 1. 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. 3. 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. PART 2 - 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 PAGE 118 OF 130 BID No. 08-10-01 equivalent. 1. 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. 2. Site mixing will not be acceptable. 3. Sand shall be free of silt and sludge. 4. Mixture shall be free of rocks greater than 1/2 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. 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. Do not place tablets at bottom of hole. Tablets should be placed 1/3 from bottom of rootball. D. Backfill for Date Palm and Coconut Palm Planting: Clean, salt and weed free, sharp sand. Material from salt or brackish water will not be acceptable. E. Water: The Contractor shall be responsible for water supply up through final acceptance of the Work. F. 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). G. Peat: Shall be Spaghnum peat moss for horticultural use. H. Mulch: Shall be shredded Melaleuca, Grade B. I. Bracing: Palms shall be braced using the following items: (4) 2x4x2'-0" pressure-treated PAGE 119 OF 130 BID No. 08-10-01 Southern Yellow Pine bracing pads; (4) 2x4 pressure-treated Southern Yellow Pine wood braces; (5) 2x4xlO" wood battens; hi-carbon steel banding; (5) layers of burlap wrapping. J. Anti-transparent: "Dowax", "Wilt-Pruf', or equivalent. K. St. Augustine Floratam Sod or Argentine Bahia 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 Nurserv Plants. published by the State of Florida, Department of Agriculture. Plants judged to be not in accordance with said standards will be rejected. CONTRACTOR shall submit photographs of all Date Palms for approval by Consultant. 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. PAGE 120 OF 130 BID No. 08-10-01 "Specimen" shall conform to the 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 specifica- tion at the time of planting and review for acceptance. E. "Medjool" Date Palms 1. Phoenix Dactylifera "Medjool", 11 foot clear trunk, 8 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 of the palms will disqualify this material as Florida #1 and will therefore be cause for rejection on site. e. The Deglett Noor sub-variety is not an 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. g. Submit photographs for review and acceptance by Consultant prior to delivery. 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 PAGE 121 OF 130 BID No. 08-10-01 commence. Verify that planting may be completed in accordance with construction plans and referenced standards. 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 of the 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 PAGE 122 OF 130 BID No. 08-10-01 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 sub-grade with smooth and even finish. Remove all rocks more than one inch diameter, sticks, debris and vegetation to a depth of six inches. Final sub-grade 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 1. 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. 3. Coordinate with site lighting, irrigation, paving, piping, electrical and other related site work. B. Excavation: 1. 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. 2. Excavate tree and palm pits as necessary to accommodate root balls of PAGE 123 OF 130 BID No. 08-10-01 PAGE 124 OF 130 BID No. 08-10-01 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. 3. Barricade or mark excavations to prevent danger to cars and pedestrians. C. Planting: 1. Set trees in vertical position such that finish grade at the trunk shall be the same as in previous container or field growth. 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 and Date 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 Sunny Isles Beach. 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 CONSTRUCTION REVIEW A. In addition to other progress construction reviews, the Contractor shall schedule and facilitate the following sub-trade 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. 3.07 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. B. Work Included: PAGE 12S OF 130 BID No. 08-10-01 1. Maintenance shall include all 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: 1. 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. 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 within (14) days notification from the City without expense to City, provided that the Contractor shall not be held responsible for losses beyond their reasonable control arising from "Acts of God"; acts of vandalism; or loss arising from documented neglect on the part of City to properly care for planting after acceptance. The Warranty period shall begin again for replacement plant material at time of replacement. The following warranty period shall apply: 1. 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. 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 of God", 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 PAGE 126 OF 130 BID No. 08-10-01 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 of the 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 II - Palms and Trees (latest edition). 2. American National Standards Institute (ANSI): Z60.1 - American Standards for Nursery Stock. 3. National Arborist Association (NAA): Ref. 1 -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 (latest edition). 1.03 DESCRIPTION A. Tree relocation of all existing trees will occur within the project boundaries. 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 advance of relocation. Brace trees, as required, for support after rootpruning. PAGE 127 OF 130 BID No. 08-10-01 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. PART 2 - 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. 1. See Section 02900 - Landscaping for fertilizer and soil amendment specifications for Work of this section. 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. 3.02 MAINTENANCE PAGE 128 OF 130 BID No. 08-10-01 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 PAGE 129 OF 130 BID No. 08-10-01 SECTION 715 SPECIAL LUMINAIRE UNITS 1.01 GENERAL - Furnish and install in-grade architectural and spot up accent light luminaires, with all necessary hardware and associated items as shown on the plans or as directed by the Engineer in accordance with these technical special provisions. 1.02 DESCRIPTION - The in-grade architectural lamps shall be Paradox Series Model No. PDX10 as produced by Hydrel, or approved equal. The units shall be 22 Watt monochromatic Cool White LED, MVOLT, spot light with clear flat lens, with two 314" NPT side conduit entries, with decorative rock guard and lamp included. The spot up accent lights shall be Model No. 4529 by Hydrel or equal, 75 or 90 Watt par, 120V, spot light, mounted on 24" post buried 18" deep, with lamp included. 1.03 MATERIALS - In-grade luminaires shall be suitable for wet locations, u.v. stabilized and impact and corrosion resistant. Finish shall be natural bronze. Spot up lights shall be cast bronze with bronze finish. 10.4 INSTALLATION - Install per manufacturers instructions (attached). 1.05 MEASUREMENT - measurement shall be based on completed installation of luminaire unit. 1.06 PAYMENT - The contract price will be paid for each luminaire unit and will include furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing the units, including placing or mounting and electrical connection as specified herein and shown on the plans. Payment shall be made under pay item 715-11-119. PAGE 130 OF 130 BID No. 08-10-01 ([}={] ~ [g) ~ 8 lL) An~ftvtJrandsCo.wa'JY SUITABLE FOR WET LOCATIONS IP68 3~ + ~ ~ TYPE JOB NAME PARADOX 22W LED MONOCHROMATIC 10" ARCHITECTURAL IN-GRADE DESCRIPTION: Hydrel's Paradox Series sealed modular in-grade luminaires are multi-purpose units designed for up lighting architectural and land- scape features. These units can be flush mounted into a variety of substrates or landscape materials, and are ideal when aperture size or luminaire depth is a priority. SPECIFICATIONS: DOOR MATERIAL: Die cast bronze or stainless steel. HOUSING: Compression molded polyester with patent pending internal direct access junction box for through-branch wiring. Inter- nal junction box provides 44in' volume to ensure proper seal during installation. The housing is UV. stabilized, impact and corrosion resistant for use in alltypes of environments. The housing has a side- car configuration and houses the lamp and power module compo- nents as well as the lens/door finishing section. LED TYPE: Monochromatic LEOs, 22W. VOLTAGE: See Ordering Guide. LIGHT DISTRIBUTION: See Ordering Guide lENS/SEAL: Tempered clear flat borosilicate glass. The patent pending door/lens seal uses proprietary knife edge technology to secure the assembly to the housing. Four captive screws hold the assembly in place. The lens is notched to provide maximum aperture opening. CONDUIT ENTRIES: Two molded %" NPT side entries standard, bottom hubs are molded with a:y.;" NPT membrane knockout. POWER MODULE: Integrally mounted modular LEO driver, prewired with quick connectors for easy installation and maintenance. ACCESSORIES: See Ordering Guide. FINISH: Natural bronze, stainless steel or stainless steel with a brushed finish. LISTING: UL, C.U.L (;[;) Hydrel is an ISO 9001 '",./ Certified Manufacturer PART~10 Model FLC CLW MVOL T SP B 22LED lED Type RG Distribution 345 lED Color Voltage LPI Material A ism ',' 'S. ~----_.__.__._._.- !~571 n" 10' ifj2'1 -~;25"~-~ l I n"in- ~T 1 13.., _____. .__.___________._ .. .______\-__ . _ _ _______ I ~ ~ l~,~JL-_!,,--. J' ,121, -,3JGl 'Il" r -r:=~:~~t~:'::;:':==~--;~~~~=~lf-.. . ; /~~~=-~::I "~..~' : /;;"1~/\ ! ~," I 1".1//;/' \, I / ,\, \, ! I :! II f 1 ' , \\ ~ . , ~(~ t /\)) fH:~ <\~-~~/ Ii "...;i?_. ~.-'~_/:,,----'..L--::.--=----..:_-~~-- ... ,~ \_",,9 ::2' "'::<15: APPROVALS @2008Acuity Brands Ligllting, Inc_ Revised 5/22/08 POX 1 O_LE D _Monochromatic.. Rev_O NOTE HYDREl RESERVES THE RIGHT TO MOOIFY SPECIFICATION WITHOUT NOTICE. Any dimension on this sheet is to be assumed as a reference dimension: "Used for information purposes only. It does not govern manufacturing or inspection reauirements." (ANSI Y14.5-1973) 128B1 Bradley Ave Sylmar, CA 91342 Phone 818-352-9465 Fax: 818-352-5548 www.hydrel.com ([}={] :~,.~ b) SUITABLE FOR WET LOCATIONS IP68 1M + , , PDX10 LED MONOCHROMATIC ORDERING INFORMATION 60 Hz Application Choose the boldface catalog nomenclature that best suits your needs. PART NO. PDX10 B 22LED CLW MVOL T SP FLC 348 RG LPI EXAMPLE: PDX10 B I I *Model I o PDX10 22lED I *LED Type o 22LED 22 Watts o AMB o BLU o CYN o GRN o RED o RBL SP FLC lPI T-I~ Included DCLWHO SP Spot, clear flat lens MFL Medium flood, clear flat lens 0 WFL Wide flood, clear flat lens 0 LSD linear Spread Distribution, clear flat lens o 34S Two 314" NPT Side (Standard) o WMW Accessories Internal o IHL Internal honeycomb louver DLDlM' O-lOV Oimming I*Door Material I o SS Stainless Steel DBSS' Brushed Stainless Steel o B Bronze *Voltage o MVOLT o 120' External o RG Decorative Rock guard o HC Flat lens clear o FLCAS' Flat Lens Clear, Anti-Slip o FLCSR' Flat Lens Frosted, Slip Resistant "Required Categories , Not available with Oecorative Rock Guard. , Only valid if LO 1M chosen. , lDIM only valid with 120 vall (..iI'.'~1 Hydrel is an ISO 9001 .,,;, Certified Manufacturer @2008AcuityBrandsLighting,lnc. Revised 5/22/08 PDX10,LED_Monochromatic RevO 12681 Bredley AVE. Sylmar, CA 91342 Phone: 818.362.9465 Fax: 813.362-6548 www_hydretcom ([]={] ~"=8Ia~ 11,) SUITABLE FOR WET LOCATIONS IP68 ~ ~ . . PDX10 LED MONOCHROMATIC ORDERING INFORMATION 50 Hz Application Choose the boldface catalog nomenclature that best suits your needs. PART NO. LPI PDX10 B 22LED EXAMPLE: PDX10 B 22LED I "Mldel I I "LED Type o PDX10 0 22LED 22 Watts CLW RED 22050HZ ! I "LED' Color , o CLW Cool White OClWHO Cool White - High Output o WMW Warm White o AMB Amber o BLU Blue o CYN Cyan o GRN Green o RED Red o RBL Royal Blue "Door Material o 55 Stainless Steel OBSS' Brushed Stainless Steel o B Bronze "Voltage o 22050HZ o 23050HZ o 24050HZ o MVOL T , Not available with Oecorative Rock Guard. MVOL T SP FLC 34S RG SP 20S IHL LPI IEC "Conduit Entriesi T T o 205 Two 20mm I 'I I I Side .1. "Lamp . o 255 Two 25mm 0 LPI lamp Side Included FLC 0 SP Spot, clear flat lens 0 MFl Medium flood, clear flat lens 0 WFl Wide flood, clear flat lens 0 LSD linear Spread Distribution, clear flat lens I Accessories I Internal o IHL Internal honeycomb louver DIE!: Interna- tional Electro- technical Commission. External o RG Oecorative Rock guard o FlC Flat lens clear o FlCAS' Flat lens Clear, Anti-Slip o fleSH' Flat lens Frosted, Slip Resistant "Required Categories (~;) Hyd,el is an ISO 9001 .,~/ Certified Manufacturer @2008Acuity Brands Lighting, Inc. Revised 5/22!08 PDX 1 O~LED _Monochromatic_ RevO (I}={} ~ [g) ~ ~ IS) An~CCITpa1Y INSTALLATION INSTRUCTIONS PARADOX SERIES PDX10 Installation should be performed by a qualified electrician in accordance with the National Electrical Code and relevant local codes. TO INSTAll: 1. Dig a hole to appropriate depth allowing for rough-in-section to be secured to conduit. Door Screws I ~ ~J Flush Pour Shield Temporary Cover Plate C) ~-~ Temporary Cover Plate Flush Pour Shield ~ 2. To install with door flush to finish grade: 2a. Mount Rough-in-Section (RIS) with flush pour shield placed at finish grade. Pour Screw Finish Grade - jOnlarued detail with door inst51Jled. Ooor_ \ Finish Grade \ \ Enlarged detail with temporary 0) cover plate and ~ 0. flush pour o 0 shield. ~"~~O Rough-in- Section (RIS) o Rough-in-Section (RIS) before pouring finish grade ! \ DOn/! o 0 : '\.) if '\0 [) {? 0.,:.,0 {? 0 o 1)0 000 o ()<J o . 00 o 0 ' o · {? I Finish Grade Rough-in- Section (RIS) o Rough-in-Section (RIS) after pouring finish grade @2008AcuityBrandsLighting,lnc Rev. 2/12/08 INS.PDX10,_REVO NOTE, HYDREL RESERVES THE RIGHT TO MOOIFY SPECIFICATION WITHOUT NOTICE. Any dimension on this sheet is to be assumed as a reference dimension: .'Used for information purposes only. It does not govern manufacturing or inspection requirements: (ANSI Y14.5-1973) 12881 Bradley Ave SylmDr,CA91342 Phone. 818.362.9465 Fox. 818.362-6543 www.hy.Jrel.com ( [}={] l!dl [Q) ~ ~ ~) An~'!Iculty8rirr1s Company INSTALLATION INSTRUCTIONS Door Screws J Flush Pour Shield ~~ ~ T."p""', c.." PI". ~ ---E) PARADOX SERIES PDX10 Installation should be performed by a qualified electrician in accordance with the National Electrical Code and relevant local codes. 3. To install with Rough-in-Section (RIS) flush to finish grade: 3a. Remove flush pour shield from Rough-in-Section (RIS). 3b. Re-attach temporary cover plate onto Rough-in-Section (RIS). 3c. Mount Rough-in-Section with temporary cover plate placed at finish grade. Rough-in-Section (RIS) Temporary Cover Plate Door Screw Rough-in- Section (RIS) / ! o Rough-in-Section IRIS) before pouring finish grade. Ooor- Finish Grade EnlarQed detail liI1i1b do or installed. Finish Grade / ! 11!L I I t j f o C c 9 0 i~ 0 c ~ 0 I \ 0 0 0!J oQ.'.: <J ~ : ci 00, o , (? Enlarged detail with temporarv cover plate. Finish Grade Rough-in- Section (RIS) Rough-in-Section IRIS) after pouring finish grade. @2008Acuity Brands Lighting, Inc. Rev. 2f12/08 INS-PDXlO_REVO NOTE: HYDREL RESERVES THE RIGHT TO MODIFY SPECIFICATION WITHOUT NOTICE. Any dimension on this sheet is to be assumed as a reference dimension: "Used lor information purposes only. It does not govern manufacturing or inspection requirements: iANSI Y14.5-19731 12881 Bradley Ave Sylmar,CA91342 Phone: 813-362-9465 Fax:218-3G2-654S www.hydrel.com PARADOX SERIES ([}={] ~ [Q) ~ ~ (S) Ary"-"!Icu/tyBrandsCO'7l"i'1V PDX10 INSTAllATION INSTRUCTIONS Installation should be performed by a qualified electrician in accordance with the National Electrical Code and relevant local codes. 4. For optional rebar anchoring: Secure rebar as shown (rebar by others). FINISH GRADE / / Install fixture flush per step 2 I 3. Secure rough-in section to rebar to prevent "floating." ~ Install suitable thread sealing compound when connecting conduit (side or bottom entry). CONDUIT REBAR CONDUIT CAUTION: When installing in organic mulch, surround rough-in section with approximately six inches 115cml of sand or other non-organic substance. @2008AcuityBrandslighting.lnc. Rev. 2/12/08 INS- POX 1 0_ RE VO NOTE: HYOREl RESERVES THE RIGHT TO MODifY SPECifiCATION WITHOUT NOTICE_ Any dimension on this sheet is to be assumed as a refere~ce dimension: "Used for information purposes only. It does not govern manufacturing or inspection requirements." (ANSI Y14_5-1973) 12881 Bradley Ave Sylmar,CA91342 Phone: 818-362-9465 Fax:818-362-5548 www_hydrel.com ([}={] ~ [g) ~ B 6) An~l/y8rcrd5CO{nparry PARADOX SERIES PDX10 INSTALLATION INSTRUCTIONS Installation should be performed by a qualified electrician in accordance with the National Electrical Code and relevant local codes. /-'--~. I ~. l 0 : l~ A \.''- '--~/ '----------- If 8r"~, "-, i. ~~ {~ fl:'~~. (if .:Vi i ""---___~ ~ (, )~ 1!1':.----~// ~ ':' "''''~,~/ .--<:~: ~~~~/'l Ii ~ '-- /?; / '\.,..~;./::: /" "........- // ",-,/ Connect 3/4" NPT conduit to junction box (side or bottom entry). Seal conduit entry using suitable thread sealing compound to ensure conduit is water- tight and to prevent moisture penetra- tion from conduit system. Pull electrical supply conductors and make wire splice in accordance with NEC. I ---~ /~- -\ ~ 7. 8. 9. 5. Remove temporary cover or tempo- rary cover and flush pour shield. 6. Loosen junction box screw and re- move lid. IMPORTANT NOTE: Do NOT lose screw. Screw contains an O-ring seal. It MUST be used to rein- stall junction box lid in Step 9. \ 'i' e Reinstall junction box lid with 0- ring _ screw provided. CAUTION: DO NOT OVER TIGHTEN (20 IN-LBS OR 2 n-M. <D2DD8Acuity Brands Lighting,lnc. Rev. 2112/08 INSPDX1O. REVO NOTE: HYDREL RESERVES THE RIGHT TO MOOIFY SPECIFICATION WITHOUT NOTICE. Any dimension on this sheet is to be assumed as a reference dimension: 'Used for information purposes only. It does not govern manufacturing or inspection requirements: {ANSI Y14.5-19731 t2881 Bradley Ave Sylmar,CA91342 Phone: 818-362,9465 Fax:818-362-6548 www.hydrel.com PARADOX SERIES PDX10 ([}={] liP [Q) ~ ~ 6) An~ultyBrandsCOf1lJill1Y INSTALLATION INSTRUCTIONS Installation should be performed by a qualified electrician in accordance with the National Electrical Code and relevant local codes. 10. Insert power supply module (HID Bal- last, Fluorescent Ballast, LED Power Supply, Low Voltage Transformer) into housing. Connect using Hydrel pro- vided quick connector to pre-installed housing wiring. 11. Install lamp module. Connect to modular power supply using Hydrel provided quick connector. ~~r- 'i " .: l( ,g2008 Acuity Brands Lighting, Inc. Rev. 2/12;08 INS-PDX10_REVO NOTE HYDREl RESERVES THE RIGHT TO MODIFY SPECIFICATION WITHOUT NOTICE. Any dimension on this sheet is to be asslJn1ed as a reference dimension: '.Used for information purposes only. It does not govem manufacturing or inspection requirements." (ANSI Y14.5-1973) 128S1 8radley Ave SylrnaL C.~ 91342 Phone: 818-362-9465 Fax: 818-362.6548 www.hydrel.com CD={] ~ [g) ~ 8lS) An~/tvlJrandsComparty PARADOX SERIES PDX10 INSTAllATION INSTRUCTIONS Installation should be performed by a qualified electrician in accordance with the National Electrical Code and relevant local codes. 12. Adjust lamp/reflector assembly to aim. Secure with locking/aiming screws. 13. Install door lens assembly ensuring screws are tight. lAMP ADJUSTMENT DETAiL o 2. Tilt lamp. 1. Loosen two tilt screws. @2008AcuityBrandslighting, Inc. Rev. 2/12/08 INS-PDXlOHEVO NOTE HYOREl RESERVES THE RIGHT TO MOOIFY SPECIFICATION WITHOUT NOTICE. AllY dimension on this sheet is to be assumed as a reference dimension: .'Used for information purposes only. It does not govern manufacturing or inspection requirements." (ANSI Y14.5-19731 12881 BradleyJ\ve Sylmar, CJ\91342 Phone: 818-362.9465 Fax: 81 8-352. 6548 www.tJvdrel.com ([}={] %!1lQ) ~ B W An~C<mX'1Y 4529 ACCENT LIGHT UP LIGHTS DESCRIPTION: Distinctively styled, these heavy duty adjustable accent lights are ideal for installation in exposed viewing areas. Used extensivelyfor accent and up-lighting of trees, signs, walls and building facades. The integral glare shield eliminates source glare while still allowing for maximum light output. Heat resistant, tempered lens and silicone gasket provide weathertight protection. Available in cast bronze or aluminium for incandescent applications. SPECIFICA liONS: MATERIAL: Cast aluminum or cast bronze body and glare shield. Knuckle is cast bronze. LAMP: Incandescent PAR-38, 150 Watt max. VOLTAGE: See ordering guide. SOCKET: Medium base or E27 European base. DISTRIBUTION: No reflector. Beam spread by lamp type. LENS: None. MOUNTING: 1/2' NPT adjustable knuckle. FINISH: Aluminum models: See ordering guide for colors. Bronze models: Natural Bronze FASTENERS: Stainless steel. LISTING: UL, C.U.L, C.E, NEMKO, CB NOTE: HYOREl RESERVES THE RIGHT TO MOOIFY SPECIFICATION WITHOUT NOTICE. Any dimension on this s~eet is to be assumed as a reference dimension: "Used for information purposes only. It does not govern manufacturing or inspection requirements." (ANSI Y14.5-1973) {':tt---- Hydrel is an ISO 9001 .",',} Certified Manufacturer @Z006 Hydrel 7i19/06 45Z9.Rev1 IP66 ~ TYPE JOB NAME LANDSCAPE COLLINS AVE. B PART NUMBER 75PAR 4529 B 120 SP Model Material lamp Type Vonage Distribution JBB NA NL BZ Mountin o tions Accessories lam Finish Listio , 9 " .__------,\ (229) \ ~ y------ ~I \ \ /, \ I \ \ / \ \ }6" \ /J \ \ ...i (1~3) '(-- \ \ \ . \ .. . \~" \ \ / --~ . ?~ ~.~~~\ -.--,0 ! .....- (96) 29/16" 11 \ (6~b:i ~ APPROVALS 12881 Bradley Avr. Sylmar. CA 91342 PhonE: 818.362-9465 Fax: 818.362.6548 www.hyd.el.com (I}={] ~ [g) ~ @ lb) Ar)OCSAc~~ IP66 <$ 4529 ORDERING INFORMATION 60 Hz Application Choose the boldface catalog nomenclature that best suits your needs. I PART NO. . 4529 B 75PAR 120 SP EXAMPLE: 4529 JBB NA NL BZ A P381501 ~ Incandescent 120 SP -r- WMSA EA12 LPI BZ I I Accessories Finish8 ~ MountinQ 0 HZ Bronze 0 EA12' Extended Arm Mt, 12" 0 Bl Black 0 EA24' Extended Arm Mt, 24' o DDB Dark Bronze 0 EA36' Extended Arm Mt, 36' o DNA Natural Alum. o EA4512' 450 Extended Arm Mt, 12" 0 GN Green o EA4524' 450 Extended Arm Mt, 24' 0 GR Gray o EA4536' 450 Extended Arm Mt, 30 o SND Sand o EA9012' 900 Extended Arm Mt, 12" o STG Steel Gray o EA9024' 900 Extended Arm Mt, 24" o TVG Terra Verde o EA9036' 90c Extended Arm Mt, 36" Green 0 STB' Stabilizer Bar 0 WH White 0 CF Custom Finish I I M~del I o 4529 OP381001' PAR-38, med. base OP31l150Jl PAR-38, med. base Distribution-' o SP Spot o Fl Flood own Wide Flood D A Aluminum D B Bronze I Voltage D 120 Included Mounting Options3 Independent Mountinq o FJB Flush Junction Box o JBA Alum J-Box o JBB Bronze J-Box o ARJB Architectural J-Box, Alum. D SMSA 12" - 48' Stanchion Mt, available in 6" increments o PSSA D WMP D WMSA D SHAll' o S8Al8' D SBB12" o S8B18' D PSS o TRA o TRB o TRAS' Pedestal Stanchion Mt Wall Mount Plate Wall Mt with Splice Access 12" Stake Mounted J-Box, Alum. 18'. Stake Mounted J-Box, Alum. 12" Stake Mounted J-Box, Bronze 18'. Stake Mounted J-Box, Bronze 18'., 24" and 36.. Polymer Sealed Ground Spike Tree Mounted J-Box, Alum. Tree Mounted J-Box, Bronze Tree Mounted J-Box Alum. w/mt strap, available withl - 4 J-Boxes per strap Tree Mounted J-Box Bronze, wlmt strap, available with 1 - 4 J-Boxes per strap. o _TRBS' Note: I Incandescent models available with 120 Volt only. 2 Not all distributions are valid with all lamp types, consult lamp manufacturers' specifications. J See individual mounting specification sheets for conduiVdrilling options , For 120 Volt portable applications only. 5 For multiple TRAS boxes the number of fixture heads and accessories will be equal to the number of boxes ordered. G EA extending arm accessories are available with WMP. WMSA mountings only. , STB available with PSS1B, PSS24, and PSS36 only. , Finish is required if material is aluminum, optional if bronze. f.'~\ Hvdrel is an ISO 9001 ,.!.J Cenified Manufacturer @2006Hydrel 7i19/06 4529_Revl 12881 Brudley Ave Sylmar, CA 91342 Phone: 818.362.9465 Fax: 818.352-6548 www.hvdref.com ( [}:{J Cld1 [Q) ~ ~ IL) Ar...~tr,3rct'ldi(~ IP66 ~ 4529 ORDERING INFORMATION 50 Hz Application Choose the boldface catalog nomenclature that best suits your needs. I PART NO. 4529 B 75PAR 120 SP EXAMPLE: 4529 I MLel1 o 4529 A P381 001 Lamp Type Incandescent o P38100l PAR-38, E-27 base PAR-38, E-27 base o P381201 o A Aluminum o B Bronze o 2205(J"Z o 2305(J"Z o 2405(J"Z 22050HZ JBB NA NL BZ WMSA EA12 lPI BZ lEe ----r- Accessories F;n;"" 1-1- Mountinq 0 BZ Bra nze 0 EA12' Extended Arm Mt, 12' 0 BL Black 0 EA24' Extended Arm Mt, 24' o DDB Dark Bronze 0 EA36' Extended Arm Mt. 36" DONA Natural Alum. I o EA45l2' 45C Extended Arm Mt, 12" 0 GN Green o EA4524' 450 Extended Arm Mt, 24" 0 GR Gray , o EA4536' 45C Extended Arm MI, 36' o SND Sand o EA9012' 9(J0 Extended Arm Mt, 12" o STG Steel Gray o EA9024' 9(Jc Extended Arm Mt, 24' o TVG Terra Verde Green o EA9036' 9(J0 Extended Arm Mt, 36" 0 WH White 0 STB' Stabilizer Bar 0 CF Custom Finish SP DSP Spot o Fl Flood Listing o lEe International Electrotec hnical Commission Mounting Options' Indeoendent Mountinq o FJB o JBA o JBB o ARJB o SMSA o PSSA o WMP o WMSA o PSS o TRA o TRB o _ TRAS' o _ TRBS' o lPllamp Included Flush Junction Box Alum. J-Box Bronze J-Box Architectural J-Box, Alum. 12" - 48" Stanchion Mt, available in 6" increments Pedestal Stanchion Mt Wall Mount Plate Wall Mt with Splice Access 18", 24' and 36" Polymer Sealed Ground Spike Tree Mounted J-Box, Alum. Tree Mounted J-Box, Bronze Tree Mounted J-Box Alum. wlmt strap. available withl - 4 J-Boxes per strap Tree Mounted J-Box Bronze, wlmt strap, available with 1 - 4 J-Boxes per strap Notes: I See individual mounting specification sheets for conduit/drilling options. , For multiple TRAS boxes the number of fixture heads and accessories will be equal to the number of boxes ordered. , EA extending arm accessories are available with WMP, WMSA mountings only. Double EA arms also available (consult factoryl. . STB available with PSS18, PSS24. and PSS36 only. , Finish is required if material is aluminum, optional if bronze. (~ Hydrel is an ISO 9001 ~.:",.'" Certified Manufacturer \02006 HycJrel 7119i06 4529_Revl 12881 Bradley Ave. Sylmar, CA91342 Phone: 818.362..9465 Fax: BI8-362.6548 www.hydretcom C[X]~[g)~~~) An~/lyBrands Compat"ff PS/PSS POLYMER GROUND SPIKE DESCRIPTION: Polymer Ground spikes are easily-installed posts that can be used for earth mounting of accent fixtures in landscaping and architectural areas. They provide a simple and clean installation with a self- contained wiring compartment. The polymer spikes are available with open bottom or sealed bottom. The length of this spike makes it ideal for soft earth applications. SPECIFICATIONS: MATERIAl: Mounting Cap: Anodized Aluminum. Spike: 2" SCH 80 Electrical PVC Outdoor Rated. MODELS: See Ordering guide. WIRING: The hollow PVC pipe allows plenty of room within the stake to make wiring connections FIXTURE MOUNTING: Located atop the spike, the fixture opening accepts a threaded knuckle in the following sizes: 112" NPT, M20 or PGlo. CONDUIT ENTRIES: The PS_ Model (open bottom) is ideal for placement over conduit. The PSS_ Model (sealed) has two bottom female slip openings for Ill' conduit. TYPE B PART NUMBER PSS24 Model --1 r-2 1/'1 DIA [==_=-=-=~ (63) Top View'. - with stabilizer Bars Shown 6" ~ ! (154) _m_--r-m.- 18" (464) Stabilizer Optional PS18 NOTE HYOREL RESERVES THE RIGHT TO MOOIFY SPECIFICATION WITHOUT NOTICE. Any dimension on this sheet is to be assumed as a reference dimension: .Used for information purposes only. It does not govern manufacturing or inspection requirements." (ANSI Y14.5-19731 APPROVALS t;;) Hydrel is an ISO 9001 ~ Certified Manufacturer JOB NAME LANDSCAPE COLLINS AVE. 12C STB Fixture Opening Option Top View ""4 r-2W'DIA ~ (63) 24" (616) ~ PSS24 @2004Hydrel 12/9/03 REVO ACUity lighting Grol!p, Inc 12831 BradleyAve Sylmar. CA91342 Phone: 818.352.9455 Fax: 818. 352-65.\8 www.hydrel.com ( IJ={] liP [g) ~ ~ [b) Atl~~1trf)R;;dsC~ PS/PSS ORDERING INFORMATION 60 Hz Application Choose the boldface catalog nomenclature that best suits your needs. I"ART NO. EXAMPLE: PSS24 12C STB 12C I STB I Option PSS24 I Model Fixture Opening o PS18' 18'. polymer mounting spike with open bottom o PS24' 24'. polymer mounting spike with open bottom o PS36' 36" polymer mounting spike with open bottom o PSS18 18' polymer mounting spike with sealed bottom o PSS24 24.. polymer mounting spike with sealed bottom o PSS36 36' polymer mounting spike with sealed bottom o 12G Accepts 1/'2:' NPT threaded fixture o 16G Accepts PG16 threaded fixture o 20G Accepts M20 threaded fixture o STB Stabilizer Bars Note: , 12 Volt fixtures only Ci\ ,<\.''II-J q"-",,, Hydrel is an ISO 9001 Certified Manufacturer @2004 Hydrel 1219103 REVO ACUIty Llghtmg Group, Inc 128Bl Bradley Ave Sylmar,CA91342 Phone: 818-362-9465 Fax:818-362-6548 www_hyd,el.com ( [}={] C!dJ [g) ~ ~ lL) INSTALLATION INSTRUCTIONS INCANDESCENT 1. Be sure power is turned off. 2. Loosen knuckle bolt on fixture. 3. Install fixture to j-box cover using thread sealing compound on knuckle threads to insure watertight- ness. (Masonry or earth only) 4. Install j-box gasket on box. 5. Make electrical connections. 6. Install j-box cover and fixture to j-box. Tighten screws evenly. 7. Aim fixture and re-tighten knuckle bolt. 8. Install lamp (by others) in socket. Note: Use only correct type and rated Voltage lamp. ACCENT LIGHTS Installation should be performed by a qualified electrician in accordance with the National Electrical Code and relevant local codes. HID & LV 1. Be sure power is turned off. 2. Remove splice box cover. 3. Install combo box flush with finish grade and use thread sealing compound when connecting supply conduit. 4. Install fixture to splice box cover using thread sealing compound to insure water tightness. 5. Install splice box gasket. 6. Make line and load electrical connections as required. 7. Install splice box cover and tighten screws as shown. 8. Loosen knuckle bolt and aim fixture. 9. Re-tighten knuckle bolt. 10. Install lamp (by others) in socket. Note: Use only correct type and rated Voltage lamp. INSTALLATION DIAGRAM INCANDESCENT HID & LV r 00 NOT OPEN THIS COMPARTMENT IS FACTORY SEALED AND SHOULD NOT BE OPENED UNLESS CONSULTING FACTORY. LViHID MODELS TIGHTEN- c~ f 'iJ @ SPLICE BOX r\,j ! @ @ SCREWS USING A CRISS-CROSS !;., i ~'11 @ @ PATTERN TO 50 INCH POUNDS ~\i @ ". (MINIMUM). ~ @ @ @2006Hydre! Rev. 07/24/06 INS-ACCENT-BORDER NOTE HYOREl RESERVES THE RIGHT TO MOOIFY SPECIFICATION WITHOUT NOTICE_ Any dimension on this sheet is to be assumed as a reference dimension: "Used for information purposes only. It does not govem manufacturing or inspection requirements." (ANSI Y14.5-19731 1288J BrodleyAve Sylma r. CA 91342 Phone: 818-362-9465 Fax:818-362-6548 www.hydrel.com ( [}={] C!dJ [g) ~ 8 b) ACCENT LIGHTS INSTALLATION INSTRUCTIONS Installation should be performed by a qualified electrician in accordance with the National Electrical Code and relevant local codes. INSTALL FIXTURE ON A LISTED J-BOX SUITABLE FOR THE TYPE OF MOUNTING 1. Be sure power is turned off. 2. Install fixture to j-box cover using thread sealing compound on knuckle threads to insure watertightness. 3. Install j-box gasket on box. 4. Make electrical connections and make sure i-box is grounded properly. 5. Install j-box cover and fixture to j-box using screws provided. TIghten screws evenly. 6. Install lamp (by others) in socket. 7. Replace canopy and tighten canopy nuts (finger tight). TYPICAL MOUNTING METHODS ~ / ~ ~7 o .~ ,I ;! Note: Use only correct type and rated Voltage lamp. INSTALLATION DIAGRAM CANOPY NUTS Bl'l;OW Grade Junclion Bel' wit;, ~e cO,'1du-'! entr~e ,~. ~ i! \ ! ; i Ei!;rmo~ MasfY:r!~ Ab-:<ve Grade J;.inct<o1'l Ekx with ~Iom ctr..dt.li\ l?;1t:"an~e ~""'~ d . .@I 'G W! I I ........j:-~ ~~ 1~.Grad~ cc.!"":bif~cl:on baBssl : J-bax In.Grade el~~C}psul<:iEd bollas! Oni( ~ortab~ 5pik~ mour;! fOf sm~ile; fht..:~.;>s @2006Hydrel Rev. 07/24/06 INS-ACCENT-BORDER NOTE HYDREL RESERVES THE RIGHT TO MOOIFY SPECIFICATION WITHOUT r~OTlCE. Any dimension on this sheet is to be assumed as a reference dimension: 'Used for information purposes only. It does not govern manufacturing or inspection requirements." !ANSI Y145-1973) Below G~e J\.)rc::!iO!l 8c>)!wilhbo;to:"n co'ld!.l!1 e..trance 12881 Bradley Ave Sylmar, CA 9f342 Phone: 818-362-9465 fRX:818-362-6548 wwvlJ,hydrel.conl