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HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-067TR 12668 08/26/2015 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 15- 16B TO AND APPROVING AN AGREEMENT WITH RAY QUALMANN MARINE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT IN ACCORDANCE WITH BID NO. 15-16B FOR A CONTRACT AMOUNT OF $214,340.00; A CONTINGENCY IN AN AMOUNT OF $21,434.00 WILL BE ADDED TO THE PROJECT ACCOUNT, FOR A TOTAL PROJECT BUDGET OF $235,774.00; AUTHORIZING AN EXPENDITURE FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to provide ample recreational facilities to residents and visitors of the City of Tamarac; and WHEREAS, the City of Tamarac has determined the addition of a boat dock adjacent to the boat ramp at Veteran's Park, along with picnic shelters and related improvements would enhance the recreational value of Veteran's Park and the C-14 Canal which runs along the north border of the City of Tamarac; and WHEREAS, the City applied for and was awarded a grant from the Broward Boating Improvement Program (BBIP) for the above mentioned project; and WHEREAS, the application and subsequent approval of the grant in an amount not to exceed $100,000 with a match of $100,000 in local funds was approved by the City Commission of the City of Tamarac via Resolution R-2013-26, dated March 27, 2013. A copy of the executed Agreement for the BBIP Grant is attached hereto as "Exhibit 1" and is incorporated herein and made a specific part of this Resolution; and Temp. Reso. 12668 8/26/2015 Page 2 of 5 WHEREAS, the City submitted plans and permit applications to the South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (USACE), as the proposed dock will extend into Canal C-14 which is a State of Florida owned canal and is managed and maintained by SFWMD and is subject to USACE review and approval; and WHEREAS, the City of Tamarac received a permit from SFWMD and a Letter of Approval from USACE for the proposed Veteran's Boat Dock Project, which includes installation of a staging boat dock, bulk head, rip -rap adjacent to the existing boat ramp, concrete sidewalk improvements, and two (2) picnic shelters, copies of the SFWMD Permit and USACE Letter of Approval are attached hereto as "Exhibit 2" and "Exhibit 3", respectively, and are incorporated herein and made a specific part of this Resolution, and WHEREAS, the City of Tamarac published Bid No 15-16B on May 31, 2015 for the Veteran's Boat Ramp Installation Project in accordance with the restrictions and requirements of SFWMD and USACE, a copy of Bid No. 15-16B is hereto attached as "Exhibit 4", incorporated herein and made a specific part of this Resolution; and WHEREAS, on July 1, 2015, the City received submittals from four (4) contractors for Bid No. 15-16B Veteran's Boat Dock Installation Project, a bid tabulation is hereto attached as "Exhibit 5", incorporated herein and made a specific part of this Resolution, and WHEREAS, staff determined the lowest responsive and responsible bidder to be Ray Qualmann Marine Construction, Inc.; and WHEREAS, Ray Qualmann Marine Construction, Inc. possesses the required 1 E Temp. Reso. 12668 8/26/2015 Page 3 of 5 knowledge and experience for the Veteran's Park Boat Dock Installation Project and has agreed to the Terms and Conditions, Special Conditions, and Technical Specifications of Bid No. 15-16B, a copy of the Agreement is hereto attached as "Exhibit 6", incorporated herein and made a specific part of this Resolution; and WHEREAS, it is the recommendation of the Public Services Director and Purchasing and Contracts Manager that the appropriate City officials award Bid No. 15- 16B and execute the Agreement with Ray Qualmann Marine Construction, Inc. for the Veteran's Boat Dock Installation Project; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award Bid No. 15-16B and execute the agreement for the Veteran's Park Boat Dock Installation Project with Ray Qualmann Marine Construction, Inc. for a contract cost of $214,340.00 and a contingency in the amount of $21,434.00, for a total project budget of $235,774.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All Exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission HEREBY awards Bid No. 15-16B to Ray Qualmann Marine Construction, Inc. and approves an Agreement between the City Temp. Reso. 12668 8/26/2015 Page 4 of 5 of Tamarac and Ray Qualmann Marine Construction, Inc. ("The Agreement") and the appropriate City officials are hereby authorized to execute the Agreement, hereto attached as "Exhibit 6", to provide for the Veteran's Park Boat Dock Installation Project. SECTION 3: An expenditure for a contract cost of $214,340.00 and a contingency in the amount of $21,434.00, for a total project budget of $235,774.00 for said purpose is hereby approved. SECTION 4: Funding for the Veteran's Park Boat Dock Installation Project for a contract cost of $214,340.00 and a contingency in the amount of $21,434.00, for a total project budget of $235,774.00 is available in Project Number GP14F in the General Capital Project Budget. SECTION 5: The City Manager or his designee is hereby authorized to approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section 6-147 of the City Code, and close the contract award, which includes but is not limited to making final payment and releasing bonds per Section 6-149 of the City Code, when the work has been successfully completed within the terms, conditions and pricing of the agreement. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 J r-7 L Temp. Reso. 12668 8/26/2015 Page 5 of 5 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of �� 2015. ATTEST: PATRICIA TEU ELPC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM UEL S. GOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR DRESSLER r,�-f. DIST 1: VICE MAYOR BUSHNELL �- DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO IF Tj A 1 :4 ; 1 11, 111 w me A City of Tamarac Purchasing Division 7525 NW 88th Avenue Room 108 Tamarac, FL 33321 .t t City,of Tamarac AGREEMENT BETWEEN THE CITY OF TAMARAC AND and contracts Divmbn RAY QUALMANN MARINE CONSTRUCTION, INC. THIS AGREEMENT is made and entered into this &_day of 20isby and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Ray Qualmann Marine Construction, Inc., a Florida corporation with principal offices located at 2860 NE 16th Street, Pompano Beach (the "Contractor") for construction of the Veteran's Park boat dock installation project. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The Contract Documents consist of this Agreement, Bid Document No. 15-16B, Veteran's Park Boat Dock Project, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid No. 15-16B as issued by City, and Contractor's Proposal; Bid No. 15-16B as issued by City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other Contract Document, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the scope of work, as outlined in the contract documents. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to Page 2 Agreement — Bid No. 15-16B — Veteran's Park Boat Deck .1 N City of Tamarac -- Tha C'tiy For Your Cita Purchasing and Contracts Division_ __ any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager Certificates of all Insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's General Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion 4.1 The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Notice to Proceed. The work shall be completed within 150 calendar days from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. The work under this agreement shall be substantially complete (i.e. Substantial Completion) within 120 calendar days from issuance of the City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. Final Completion shall be within 30 calendar days from the date of substantial completion, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, substantial completion shall mean the project is sufficiently complete in accordance with the Contract Documents so that the project can be occupied or used for its intended use, void of any safety concerns. For the purposes of this Agreement, final completion shall mean the issuance of final payment. Page 3 Agreement — Bid No. 15-16B — Veteran's Park Beet Dock r ., The CITY For Your Ute Purchasirg and Contracts Divisicn 4.2 During the pre -construction portion of the work hereunder, the parties agree to work diligently and in good faith in performing their obligations hereunder, so that all required permits for the construction portion of the work may be obtained by Contractor in accordance with the Schedule included in the Contract Documents. In the event that any delays in the pre -construction or construction portion of the work occur, despite diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of time for substantial completion hereunder and any resulting increase in general condition cost. 5) Contract Sum The Contract Sum for the above work is Two Hundred Fourteen thousand, Three Hundred Forty Dollars and No cents ($214,340.00). 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. Retainage of ten percent (10%) will be deducted from monthly payments until 50% of project is complete. Retainage will be reduced to five percent (5%) thereafter. Retainage monies will be released upon satisfactory completion and final inspection of work. Invoices must bear project name, project number, bid, and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. Contractor shall invoice the City and provide a written request to City to commence the one (1) year warranty period. All necessary Releases of Liens and Affidavits and approval of Final Payments shall be processed before warranty period begins. All payments shall be governed by Florida Prompt Payment Act, F.S., Part VII, Chapter 218. City desires to be able to make payments utilizing City's Visa Procurement Card as a means of expediting payments. It is highly desirable that the successful proposer have the capability to accept a Visa Procurement/Credit card as a means of payment. 7) Remedies 7.1 Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 7.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance without additional cost to the City, and / or replace any personnel who fail to perform in accordance with the requirements of this Agreement. The City shall be the sole judge of non-conformance and the quality of workmanship. Page 4 Agreement — Bid No. 15-168 — Veteran's Park Boat Dock v a City of Tamarac 8) Change Orders and Cortrac is Division 8.1 Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to a change order until the change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. All Change Orders shall include overhead and profit, not to exceed five percent (5%) and five percent (5%) respectively. 8.2 The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at Contractor's expense without change in the Contract Price or Time except as approved in writing by the City. 8.3 The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the City allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 8.4 The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 8.5 Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party no later than fifteen (15) days after the occurrence of the event giving rise to the claim. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 8.6 Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays Page 5 Agreement — Bid No. 1 r-16B — Veteran's Park Boat Dock b r rw wsA rw City of Tamarac Purchasirg ard Ccntracts Division,__ to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 8.7 In the event satisfactory adjustment cannot be reached by City ar;d Contractor for any item requiring a change in the contract, and a change order has not been issued, City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a Guaranteed Maximum Price by City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the City. 9) No Damages for Delays ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THE AGREEMENT, EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase in the construction cost 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, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for hindrances or delays due solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's employees, or separate contractors employed by the City, or by changes ordered in the Work, or by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased by Change Order in order to equitably increase the general conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control, or by other causes which the City and Contractor agree may justify delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. Page 6 Agreement -- Bid No. 15-16B — Veteran's Park Boat Dock City of Tamarac 10) Waiver of Liens and Contracts Division Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. 11) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of final payment and as additionally provided for in the contract documents. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The warranty period does not begin until approval of final payment for the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original bid. 12) Indemnification 12.1 Contractor shall indemnify and hold harmless City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though claim may be made after the termination hereof. 12.2 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 13) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its sub -contractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its sub- contractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; Page 7 Agreement — Bid No. 15-16B — Veteran's Park Boat Dock The C" For Your the Purchasing and Contracts Divis-ior Citv of Tamarac recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its sub -contractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all sub -contractors, if any, will be made aware of and will comply with this nondiscrimination clause. 14) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 15) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 16) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 Page B Agreement — Bid No. 15-16B - veteran's Park Boat Dock of Tamarac With a copy to the City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Ray Qualmann Marine Construction, Inc. Mitchell Scavone, President 2860 NE 16th Street Pompano Beach, FL 33062 17) Termination and Cortracts Division 17.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 17.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 18) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 19) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 20) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. Page 9 Agreement — Bid No. 15-166 — Veteran's Park Boat Dock The Cry is Maur LHecity of 7amarac Purchasing and Cortracts Division 21) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 22) Uncontrollable Circumstances 22.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 22.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 23) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 24) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Page 10 Agreement — Bid No. 15-166 — Veteran's Park Boat Deck City of Tamarac Purwasirg and Contracts Division The CHy ktr Paar ti/8 25) Contingent Fees Contractor warrants it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 26) Public Records 26.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 26.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 26.1.2 Provide the public with access to such public records on the same terms as that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 26.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 26.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 26.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Article 17, "Termination", herein. Page 11 Agreement — Bid No. 95-16B — Veteran's Park Brut Dock City of Tamarac Purchasirg and ^ontr9cts O.ivisicn IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President duly authorized to execute same. C OF TAMARAC Harry r ssl r, Mayor , City Clerk Date ATTEST: ►gnature of Corporate Secretary Type/Print Name of Corporate Secy. (CORPORATE SEAL) Approved as to form and legal sufficiency: City Attorney Date Ray QualmynWj 6 Construction, Inc. Mitchell Scavone Name of President 7�-�� Date Agreement — Bid No. 15-16B — Veteran's Park Boat Dock l Of —amarac Purchasing and Contracts :Division CORPORATE ACKNOWLEDGEMENT STATE OF Flo riAoc •SS COUNTY OF Wnuc, I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Mitchell Scavone, President, Ray Qualmann Marine Construction, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this 23 day of Jv l y , ?�315. I tjEl KYLE 5t�1e of Florida. �PYt�`", . tyg,hl'c i[ Oct7,?�17 �itiTF :-4Lp �� h Signature of Notary Public State of Florida at Large 4 � I ,- �; n e -?- Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT.take an oath. <. .. s 1 sE City of Tamarac Purcg and Clortr-,cts Division k2NETil 14;;qJiKkL7-Mil#14 Page 14 Agreement — Bid No. 15-163 — Veteran's Park Boat Dock G afy of t arrarac PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: and Contracts uivis cn That, pursuant to the requirements of Florida Statute 255.05, we, Ray Qualmann Marine Construction, Inc., as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Two Hundred Fourteen Thousand, three hundred Forty Dollars ($214,340.00) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid No.15-16B — Veteran's Park Dock Project awarded the day of , 2015, with OWNER for construction of the Veteran's Park boat dock installation project which contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Indemnifies and pays OWNER 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 OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713.01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his 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 he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his 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. Page 1 Agreement — Bid No. 95- 16B -- Veteran's Park Boat Dock r City of Tatrarac Purchasing and C'Ontr cts Division 2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the Surety's obligation under this Bond. Signed and sealed this day of WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) IN THE PRESENCE OF: .2015. Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone Comm!.. M '.- w r v t• City of Tamarac State of County of _ ACKNOWLEDGMENT PAYMENT BOND Purchasing ard Contracts Division On this the day of , 2015, before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: . of (Name of Corporate Officer) ,a (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: oath (Title) (State of Corporation) NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an CERTIFICATE AS TO 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 signature; and his/her 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. (AFFIX SEAL) (Name of Corporation) Page 17 Agreement — Bid No. 15-16B — Veteran's Park Boat Dock The Cay Far Your um PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, Ray Qualmann Marine Construction, Inc., as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Two Hundred Fourteen Thousand, Three Hundred Forty Dollars, ($214,340.00) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid No. 15-16B — Veteran's Park Boat Dock Project awarded the day of , 2015, with OWNER for construction of the Veteran's Park boat dock installation project, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Fully performs the Contract between the CONTRACTOR and the OWNER dated , 2015, for the construction of the Veteran's Park boat dock installation project, within 150 calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER 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 and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 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. 4.1 Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.2 Complete the Contract in accordance with its terms and conditions; or 4.3 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, _ — — Page 18 Agreement — Bid No. 1 b-16B — Veteran's Park Boat Dock r fa City of Tamarac IPura asing and Ccr>tracts DivissOn qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, 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 OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) , 2015. Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above The wry wr your uiR Pur,,,�asirg and Contracts DivisiOn City of IN THE PRESENCE OF: INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone Page 20 Agreement — Did No. 15-1 SS — Veteran's Park Boat Deck r Cityof Tamarac Purchasing and Contracts Divisior ACKNOWLEDGMENT PERFORMANCE BOND State of County of On this the day of , 2015, before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: of (Name of Corporate Officer) (Title) (Name of Corporation) (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 21 Agreement — Bid No. 15-16B — Veteran's Park Boat Dock k'AMFill RA m� CitY £or PouCi'�Y of Tamarac Purchasirg and Cortracts Division r Ufo CERTIFICATE AS TO PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Performance Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her 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. (AFFIX SEAL) (Name of Corporation) Page 22 Agreement — Bid No. 15-1 &B — Veteran's Park Boat Dock WRIF L.D A PARKS AND RECREATION DIVISION • Administrative Offices 950 N.W. 3eSt. • Oakland Park, FL 33309-5982. 954-357-8100 * TTY 954-537-2844 • FAX 954-357-5991 Winner of ibe Nartond! Gold Medal Award for &mlience In Av* andRecreation MaWPmen 1 AcanxNod by the Commission for Accreditation of Park and Recreation Agencies (CAPRA) January 29, 2014 Michael Gresek, Grants Administrator City of Tamarac 7525 NW 88 h Avenue Tamarac, Fl. 33321 TR 12668 - Exhibit 1 Re: Broward Boating Improvement Program (BBIP) Executed Agre went for Tamarac, Veterans Memorial Park Boat Dock Grant Project Dear Mr. G Attached is one original Agreement for the above referenced for your files. Please note that the project completion date is January 28, 2018. This is your official "Notice to Proceed" with the project. The required "Close -Out Documentation" forms, and the BBIP Rules are attached. Please ensure that the provisions of the BBIP Grant Agreement, and BBIP Rules are adhered to during the course of the project. This will enable the rocessin of the Project Close -Out Documents to be handled as expeditiously as possible. In addition, January 5, April 5, July 5 and October 5 to this office. Failure to provide quarterly reports could jeopardize future BBIP funding. If you have any questions, or need any assistance during the course of the project, please call me at (954) 357-8133. :Sincerely, F' re Associate Planner attachments c. Chair, Members, Broward County Marine Advisory Committee Dan West, Director, Parks and Recreation Division Carol Morgenstern, Manager, Planning and Development Group, Parks and Recreation Division Browar Coun Nmmissioners Sue Gunzburger • Dale V.C. Holness • Kristin JacobsA� isoy Ritter •Tiro Ryan • Barbara Sharief •Lois Wexler broward.orWparks • facebook.com/br§w4ttlbbnntypark t 140i ardj" • youtube.wrn/browardcountyWks TR 12668 - Exhibit 1 BROWARD COUNTY MARINE ADVISORY COMMITTEE BROWARD BOATING IMPROVEMENT PROGRAM RULES The purpose of the Broward Boating Improvement Program (BBIP) is to implement provisions of Florida Statute 328.72(15) which provides that a portion of the funds received from boat license fees and retained by County governments to provide recreational channel marking and other uniform waterway markers, public boat ramps, lifts, and hoists, marine railways, and other public launching facilities, derelict vessel removal, and removal of vessels and floating structures deemed a hazard to public safety and health for failure to comply with Florida Statute 327.53. DEFINITIONS: APPLICATION -means the formal request for financial assistance consisting of a complete proposal with required supporting documentation submitted to Broward County. APPLICANT - means the municipality, government agency, or organization which is responsible for the submission of an application. COMMITTEE - means the Broward County Marine Advisory Committee. COUNTY - means the Broward County Board of County Commissioners. DIVISION - means the Broward County Parks and Recreation Division. FUND - means the Broward Boating Improvement Program. GRANT - means funds authorized by the State of Florida Department of Environmental Protection for Broward County to use for the Broward Boating Improvement Program project. LIAISON - means the officially designated representative of the Broward County Parks and Recreation Division authorized to act on behalf of the Marine Advisory Committee on all matters related to participation in the program. POWERBOAT - means any registered vessel used for recreational purposes which is propelled or powered by machinery and which is used or capable of being used as a means of transportation on water. PROGRAM - means the Broward Boating Improvement Program (BBIP). PROJECT - means a planned undertaking consisting of eligible Program facilities, improvements or expenses for the public use and benefit of the general recreational boating public. 1 TR 12668 - Exhibit 1 PROJECT AGREEMENT - means an executed contract between the County and the project applicant setting forth mutual obligations regarding a grant project. STATE - means the State of Florida. POLICY: 1. Financial assistance in the form of grants from the Fund shall be made available to Broward County Municipalities, and government agency or organization deemed eligible by the Committee for the purpose of providing recreational Channel marking and public launching facilities and other public boating -related facilities as permitted by State Statute. 2. Contingent upon the State of Florida permitting vessel fees to be retained by the County, the Division shall send out "Requests for Proposals" to each Broward Municipality. The allocation is based on the number of non-commercial vessels registered in Broward County during the preceding County Fiscal Year (October 1 to September 30). 3. Projects shall be approved by the Committee and recommended to the County Commission for funding in accordance with these rules. 4. The County and Municipality, non -county government agency or organization shall enter into a Project Agreement prior to the release of Program funds. 5. Unless otherwise specified in the Project Agreement, a project may not commence until the Project Agreement is fully executed by all parties. 6. Program funds may be used as the local cash matching requirement from the Florida Recreation Development Assistance Program, the Florida Inland Navigation District Waterway Assistance Program, Florida Boating Improvement Program or any other eligible grant programs. 7. The site of a proposed land -based development project shall be dedicated for public recreational use. If owned, the project site must be dedicated in perpetuity. The dedication shall extend for a minimum period of 25 years after project completion if control of the site is by lease, permit, management agreement or other similar instrument. The dedication shall be recorded in the public property records. 8. The location of any vessel launching facility and access to the water body it serves shall not pose a threat to other boating or recreational activities on the water body it serves. 2 TR 12668 - Exhibit 1 (1) Recreational powerboat boat ramps, lifts and hoists, marine railways and other public launching facilities (2) Recreational channel marking and other uniform waterway markers. (3) Public docking and mooring facilities for recreational powerboats. (4) Access roads and parking for recreational powerboat public launching facilities. (5) Dredging which is ancillary to a project which provides access to a publicly owned or maintained marine facility (6) Recreational boating related support facilities and utilities such as restrooms, lighting, water, sewer, and electrical that are part of a recreational powerboat public launching facility. (7) Bulkheads, rip -rap, and seawall construction relative to the construction of a recreational powerboat public launching facility. (8) Derelict vessel removal, and the removal of vessels and floating structures, deemed a hazard to public safety and health for failure to comply with Florida Statute 327.53. (9) Design and engineering costs, and permit fees are permitted to be submitted as a Phase I project the maximum amount to be funded is fifty (50%). Phase II provides for the construction of the project that is designed, engineered and permitted in Phase I. The County will reimburse Phase I design, engineering and permitting costs only upon successful completion of Phase II construction. 3. Project costs which are eligible for funding include only those necessary for the construction and completion of an eligible project. 4. Project construction expenses that are eligible for funding include payments to construction contractors, vendors for purchase of materials, rental of equipment or lump sum labor contracts. 5. Ineligible expenses include project administration, land acquisition, signage, landscaping and irrigation, maintenance renovation of previously funded Florida Boating Improvement or BBIP projects, tools, equipment, boats, boat motors, office equipment, and materials not used exclusively for the project. 6. Eligible expenses include the maximum of fifty percent (50%) of project design and engineering costs and permit fees. 21 TR 12668 - Exhibit 1 PROJECT DESIGN CRITERIA All projects shall be designed in accordance with standard engineering practices, and implemented in compliance with state and local building codes and applicable laws. 2. All local, State and Federal permits, leases, easements, management agreements, or other similar required authorizations for the project shall be obtained prior to the commencement of project construction. 3. The Committee shall review and approve all final site plans or construction plans before the commencement of project construction. Construction commencement before plan approval by the Committee will result in non -reimbursement of the project. GRANT CONDITIONS 1. Facilities funded in whole or in part by Program Funds shall be administered and made available to the general public on a non-exclusive basis without regard to race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16 1/2), national origin, marital status, physical or mental disability, political affiliation, the political jurisdiction in which a person resides, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. 2. The applicant shall not unlawfully discriminate against any person in its operations and activity, in its use or expenditure of Program Funds and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act (ADA) in the course of providing any facility funded in whole or in part by the County, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines and standards. 3. The Municipality, agency or organization must submit to the Division a Project Completion Certificate upon completion of the project, with the Division required close- out documents for reimbursement, available from the Division at 950 NW 38th Street, Oakland Park, Florida 33309. 4. The Applicant shall be responsible to the County for insuring the satisfactory operation and maintenance of sites and facilities funded under this Program for a minimum of 25 years from the date of project completion. 5. Proposed changes to the Project Agreement (i.e., scope of the project, project period, or grant amount) must be submitted to the Division in writing at least six months in advance of the project construction completion date by the Applicant, accompanied by a statement of justification for the proposed changes. Proposed changes will be submitted to the Committee by the Division, at the Committee's next scheduled meeting, for their review and recommendation to the County. Agreed changes shall be evidenced by a formal Amendment to the Project Agreement, or a new agreement. Minor changes in the scope of the project shall be submitted to the Division in writing. The minor change will be TR 12668 - Exhibit 1 reviewed by the liaison and submitted to the Committee at their next scheduled meeting for their approval. If a project is constructed and is not consistent with the scope of the project listed in the Project Agreement and the construction plans approved by the Committee, the County shall withhold reimbursement until all items listed in the scope of the project and approved plans are completed. 6. The County shall have the right to terminate a Project Agreement or demand refund of Program Funds for non-compliance with the terms of the Project Agreement or these rules. Failure of an Applicant to comply with the provisions of a Project Agreement or the rules shall result in the County declaring the Applicant ineligible for further participation the Program until such time as the Applicant completes the terms of the Project Agreement or Rules. 7. The Applicant shall be responsible for the erection and maintenance of a permanent BBIP acknowledgment sign or plaque at the project site for the life of the project. Appropriate wordage for the sign or plaque is included in the close-out documents. ACCOUNTABILITY The following procedures shall govern the accountability of Program grant funds: 1. Each applicant is responsible for maintaining an accounting system which meets generally accepted accounting principals and for maintaining such financial records for a period of seven years, as necessary to properly account for all Program funds. 2. All required close-out documents, available from the Division at 950 NW 381h Street, Oakland Park, Florida 33309, shall be submitted to the Division prior to reimbursement of Funds. 3. All project Funds are reimbursable only upon full completion of the project. 4. The Liaison or County personnel may inspect completed projects and audit project financial records. 5. If found by any State, County or independent audit that Project Funds have not been used in accordance with the Project Agreement, Rules, or applicable laws, the Applicant shall be responsible for repayment of misused funds with interest from the date the funds were allocated to the Applicant using the Consumer Price Index for all Urban Consumers for Miami/Fort Lauderdale to the County for deposit in the Fund, and may result in the County declaring the Applicant ineligible for further participation the Program. H:1WP\DOCS\BBIP RULES 2010.wpd Prepared by:John R. Fiore, Liaison, MAC, August 18, 1998. Revised: Dec. 4, 1998, Oct. 28, 2002, May 14, 2003, July 24, 2006, July 24, 2007, Dec. 30, 2008 July 22, 2009, July 13, 2010 TR 12668 - Exhibit 1 BROWARD COUNTY BROWARD BOATING IMPROVEMENT PROGRAM REQUIRED CLOSE-OUT DOCUMENTATION Grantee: Project Name: Project Completion Certification As -Built Site Plan List of Constructed Project Facilities and Improvements Map & Driving Instructions to Project Site Color Photographs of Project and Identification Sign Payment Request Form Billing Schedules Proof of Dedication in Public Records Project Administrator Date BROWARD COUNTY TR 12668 - Exhibit 1 BROWARD BOATING IMPROVEMENT PROGRAM PROJECT COMPLETION CERTIFICATION Grantee: Project Name: I hereby certify that the above referenced project has been completed in accordance with the Broward Boating Improvement Program Grant Agreement between the Broward County Board of County Commissioners and , dated the , 20 ; that all funds allocated for the project were expended pursuant to the Grant Agreement; that all goods and services for accomplishment of the project were negotiated and procured in accordance with all Florida and local laws, and funding program requirements; that all approved project construction was completed on , 20 which was on or prior to the project completion date specified in the Grant Agreement; and that the project was completed in accordance with the final project plans (site, architectural, engineering) prepared for the project. Signed: (Project Administrator) Date: This project was completed in accordance with the final project plans (site, architectural, engineering) prepared for the project. Signed: (Project Architect or Engineer) Date: H:\WPDOCS\BBIP CLOSEOUT COMPLETION CERTIFICATION.DOCX 7/99, 8/11 BROWARD COUNTY TR 12668 - Exhibit 1 BROWARD BOATING IMPROVEMENT PROGRAM ACTUAL COST CONTRACT PAYMENT REQUEST Project Name: Grantee; Date: Cumulative Project Costs Contractual Services Salaries and Wages $ Employee Benefits (30 % of Salaries) $ Materials and Supplies: Direct Purchases $ Equipment Rental $ TOTAL PROJECT COSTS $ CERTIFICATION: I hereby certify that the above expenses were incurred for the work identified in the previously submitted Project Status Reports and the executed Grant Agreement. Project Administrator Date CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the project expenses as reported above and is available for audit by Broward County upon request. Project Financial Officer Date HAWORMBBIP Payment Request Forms 8/17/10 d E m Z V N �O a r O C1 v 2f O a` u w .0 fl- C � 0 M 3 C Co w E fO � N U Q O CU rnM c > m � t co U p :3 C Q � N > +L O O � 0 N CL to c Uy 0 �U N m � X Q Q o N o :� 'S a ff L � w � N � v . t N TR 12668 - Exhibit 1 0 o N L r C co 0 a 0 T E Q U N Q IL TR 12668 - Exhibit 1 BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS STANDARD LANGUAGE FOR PROPERTY RECORDS BROWARD BOATING IMPROVEMENT PROGRAMS Notice of Limitation of Use/Site Dedication The property identified in the attached project agreement and boundary map has been developed by the project applicant with financial assistance provided by the Broward County Board of County Commissioners. Land owned and then developed by the project applicant with grant assistance from the Broward Boating Improvement Program (BBIP) shall be dedicated in perpetuity as an outdoor recreation area for the use and benefit of the general public. Leased land developed by the project applicant with grant assistance from the BBIP shall be dedicated as an outdoor recreation area for the general public for a minimum of twenty-five (25) years after completion of the development. Broward County will require the return of BBIP grant funds disbursed to the Project Applicant. BBIP grant funds shall be refunded to Broward County with interest, calculated at two (2) percent above the prevailing prime rate as reported by the Federal Reserve, if the BBIP project identified in the project agreement is removed, demolished or closed to the public by the project applicant within 25 years of project completion. I certify that a copy or copies of the of the Notice of Limitation of Use/Site Dedication form, project agreement and project boundary map have been filed in the County Courthouse with the deed to the property on which the following grant project is located: BBIP Project Name Signature of Liaison Agent Typed Name and Title Date H/WORDBBIP Closeout Documents/Notice of Limitation of use -Site Dedication 8117/10, Revised 3/29/11, 4/12/12 TR 12668 - Exhibit 1 AGREEMENT Between BROWARD COUNTY and the CITY OF TAMARAC for BROWARD BOATING IMPROVEMENT PROGRAM GOVERNMENTAL ENTITY FY 2013/2014 TR 12668 - Exhibit 1 INDEX ARTICLE PAGE 1 DEFINITIONS AND IDENTIFICATIONS 1 2 SCOPE OF SERVICES 2 3 TERM AND TIME OF PERFORMANCE 2 4 COMPENSATION 3 5 CHANGES IN SCOPE OF SERVICE 4 6 INDEMNIFICATION 5 7 INSURANCES 5 8 TERMINATION 5 9 FINANCIAL STATEMENTS 6 10 MISCELLANEOUS 7 EXECUTION PAGES 14,15 EXHIBIT A 16,17 EXHIBIT B 18,19 EXHIBIT C 20 TR 12668 - Exhibit 1 AGREEMENT Between BROWARD COUNTY and the CITY OF TAMARAC for BROWARD BOATING IMPROVEMENT PROGRAM VETERANS MEMORIAL PARK BOAT DOCK GRANT This Agreement, made and entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and The CITY OF TAMARAC, a municipal corporation existing within the state of Florida, hereinafter referred to as "CONTRACTOR." WHEREAS, the Broward County Marine Advisory Committee recommends funding to assist the CONTRACTOR with approved expenses as defined in Section 328.72, Florida Statutes, and Section 328.76, Florida Statutes, as may be amended from time to time; and WHEREAS, the Board of County Commissioners has determined that these expenditures serve a COUNTY and public purpose; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement - Agreement shall mean this document and other terms and conditions which are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board - The Broward County Board of County Commissioners. 1 BBIP-Gout 5/18/11 TR 12668 - Exhibit 1 1.3 Contract Administrator - The Broward County Administrator, the Director of the Broward County Parks & Recreation Division, or the designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CONTRACTOR and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services of this Agreement. 1.4 County Administrator - The administrative head of COUNTY pursuant to Sections 3.02 and 3.03 of the Broward County Charter. 1.5 County Attorney - The chief legal counsel for COUNTY, who directs and supervises the Office of County Attorney pursuant to Section 2.10 of the Broward County Charter. 1.6 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES CONTRACTOR shall perform all services identified in this Agreement, its grant application, as amended, and Exhibit "A." The parties agree that the Scope of Services is a description of CONTRACTOR's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks, which are such an inseparable part of the work described, that exclusion would render performance by CONTRACTOR impractical, illogical, or unconscionable. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall end four (4) years after Agreement is fully executed. 3.2 All duties, obligations, and responsibilities of CONTRACTOR required by this Agreement shall be completed no later than four (4) years upon final execution of 2 BBIP-Gout 5/18/11 TR 12668 - Exhibit 1 this Agreement. Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Agreement. ARTICLE 4 COMPENSATION 4.1 COUNTY agrees to pay CONTRACTOR, in the manner specified in Section 4.3, the total amount not to exceed One Hundred Thousand Dollars ($100,000.00) for work actually performed and completed pursuant to this Agreement. It is acknowledged and agreed by CONTRACTOR that this amount is the maximum payable and constitutes a limitation upon COUNTY's obligation to compensate CONTRACTOR for services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon CONTRACTOR's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. CONTRACTOR agrees to provide matching funds in the amount of Twenty -Five Thousand Dollars ($25,000.00), as specified in Exhibit A. 4.2 Contract Administrator is responsible for ensuring performance of the terms and conditions of this Agreement and shall approve all requests prior to payment. 4.3 METHOD OF BILLING AND PAYMENT 4.3.1 CONTRACTOR may submit an invoice for compensation after the project for which the invoices are submitted has been completed. The final invoice must be received no later than ninety (90) days after this Agreement expires. Invoices shall designate the nature of the services performed and/or the expenses incurred. 4.3.2 Documentation as required in Exhibit "A" must accompany any request for reimbursement. Invoices shall be certified by the CONTRACTOR's executive director or an authorized officer. 4.3.3 COUNTY shall pay CONTRACTOR within thirty (30) calendar days of receipt of CONTRACTOR's proper invoice, as required by the "Broward County Prompt Payment Ordinance" (Broward County Ordinance No. 89-49, as may be amended from time to time). To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by COUNTY_ Payment may be withheld for failure of CONTRACTOR to comply with a term, condition, or requirement of this Agreement. 3 BBIP-Gout 5/18/11 TR 12668 - Exhibit 1 4.4 Notwithstanding any provision of this Agreement to the contrary, COUNTY may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to Contract Administrator. The amount withheld shall not be subject to payment of interest by COUNTY. 4.5 If it becomes necessary for the COUNTY to demand a refund of any or all funds tendered pursuant to this Agreement, the CONTRACTOR agrees to return said funds to the COUNTY within sixty (60) days after notification by the COUNTY. If not returned within sixty (60) days, the CONTRACTOR understands and agrees that any further CONTRACTOR requests for funding, as to this or any other program under the COUNTY's administration, shall be denied until the funds have been returned. 4.6 This Agreement strictly prohibits the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 4.7 Payment shall be made to CONTRACTOR at: Michael Gresek, Grant Administrator City of Tamarac 7525 NW 88th Avenue Tamarac, FI. 33321 ARTICLE 5 CHANGES IN SCOPE OF SERVICES 5.1 Upon written request by the CONTRACTOR, the Contract Administrator may approve changes in the categories of expenditures listed in Exhibit "A." 5.2 The Contract Administrator, based on input from the Marine Advisory Committee, may approve changes to the Scope of Services, project description, and unit bf services provided that the total grant awarded remains unchanged, the revisions are consistent with the grant application and the grant guidelines, and the revisions do not diminish the quantity or quality of service to be provided. Any substantial changes in the Scope of Services shall be contained in a written statement executed by the County Administrator and the CONTRACTOR. 4 BBIP-Govt 5/18/11 TR 12668 - Exhibit 1 ARTICLE 6 INDEMNIFICATION Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. SECOND PARTY is a state agency or political subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. ARTICLE 7 INSURANCE CONTRACTOR is a state agency as defined by Section 768.28, Florida Statutes, as may be amended from time to time, and CONTRACTOR shall furnish Contract Administrator with written verification of liability protection, in accordance with state law prior to final execution of said Agreement. ARTICLE 8 TERMINATION 8.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by COUNTY, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the County Administrator upon such notice as the County Administrator deems appropriate under the circumstances in the event the County Administrator determines that termination is necessary to protect the public health or safety. The parties agree that if COUNTY erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 5 B B I P-Govt 5/18/11 TR 12668 - Exhibit 1 8.2 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by the County Administrator, which the County Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 8.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. CONTRACTOR agrees that CONTRACTOR shall not perform any additional work after notification of the COUNTY terminating this Agreement for convenience. CONTRACTOR acknowledges and agrees that it has received good, valuable and sufficient consideration from COUNTY, the receipt and adequacy of which are, hereby acknowledged by CONTRACTOR, for COUNTY's right to terminate this Agreement for convenience. 8.4 The COUNTY shall have the right to terminate this Project Agreement and demand refund of Program funds for noncompliance with the terms and conditions of the Program. Failure to comply with these terms and conditions shall result in the COUNTY declaring the CONTRACTOR ineligible for further participation in the Program until such time as the CONTRACTOR complies therewith_ 8.5 In the event this Agreement is terminated, any compensation payable by COUNTY shall be withheld until all documents are provided to COUNTY pursuant to Section 10.1 of Article 10. ARTICLE 9 FINANCIAL STATEMENTS 9.1 GRANTEE hereby agrees to maintain books and records in accordance with Generally Accepted Accounting Principles and properly reflect all expenditures of funds provided by COUNTY under this Agreement. 9.2 GRANTEE agrees and understands that all funding authorized under this Agreement shall be used only for eligible activities specifically outlined in this Agreement. GRANTEE agrees to reimburse COUNTY any and all funds not used in strict compliance with this Agreement. 9.3 Within thirty (30) days of receipt by GRANTEE of Single Audit Report, GRANTEE shall provide to COUNTY on an annual basis the Single Audit Report prepared by an independent certified public accountant showing that there are sufficient and 6 BBIP-Gout 5/18/11 TR 12668 - Exhibit 1 acceptable internal controls over the administration of the GRANTEE's grants. The Single Audit Report will encompass the controls over grants in general without reference to any specific grant award. 9.4 Failure of GRANTEE to meet these financial reporting requirements shall result in suspension of payment under this Agreement or any subsequent grant agreement in effect, and disqualify GRANTEE from obtaining future grant awards until such financial statements are received and accepted by COUNTY. 9.5 GRANTEE is required to, and hereby agrees to, account for any program income related to Project financed in whole or part with Grant Program Funds. 9.6 CONTRACTOR acknowledges submission of financial statements to any other Broward County office, agency, or division does not constitute compliance with requirements to submit that material to Contract Administrator for this Agreement. ARTICLE 10 MISCELLANEOUS 10.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY; and, if a copyright is claimed, CONTRACTOR grants to COUNTY a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by CONTRACTOR, whether finished or unfinished, shall become the property of COUNTY and shall be delivered by CONTRACTOR to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. 10.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CONTRACTOR and its subcontractors that are related to this Project. CONTRACTOR and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of CONTRACTOR and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, CONTRACTOR 7 BBIP-Govt 5/18/11 TR 12668 - Exhibit 1 or its subcontractor, as applicable, shall make same available at no cost to COUNTY in written form. CONTRACTOR and its subcontractors shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CONTRACTOR's and its subcontractors' records, CONTRACTOR and its subcontractors shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by CONTRACTOR or its subcontractors. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. CONTRACTOR shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 10.2. 10.3 EEO COMPLIANCE CONTRACTOR shall not unlawfully discriminate on the basis of race, color, national origin, sex, religion, age, marital status, political affiliation, familial status, disability, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement, the solicitation for or purchase of goods or services relating to this Agreement, or in subcontracting work in the performance of this Agreement and shall not otherwise unlawfully discriminate in violation of the Broward County Code, Chapter 16Y2, as may be amended from time to time. CONTRACTOR shall include the foregoing or similar language in its contracts with any subcontractors or sub -consultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26, as amended. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as COUNTY deems appropriate. CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course 8 BBIP-Gout 5/18/11 TR 12668 - Exhibit 1 of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. By execution of this Agreement, CONTRACTOR represents that it has not been placed on the discriminatory vendor list (as provided in Section 287.134, Florida Statutes, as may be amended from time to time). COUNTY hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle COUNTY to terminate this Agreement and recover from CONTRACTOR all monies paid by COUNTY pursuant to this Agreement, and may result in debarment from COUNTY's competitive procurement activities. 10.4 INDEPENDENT CONTRACTOR CONTRACTOR is an independent contractor under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of COUNTY_ No partnership, joint venture, or other joint relationship is created hereby. COUNTY does not extend to CONTRACTOR or CONTRACTOR's agents any authority of any kind to bind COUNTY in any respect whatsoever. 10.5 PREVAILING WAGE REQUIREMENT If construction work in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) is required of, or undertaken by, CONTRACTOR as a result of this Agreement, Broward County Ordinance No. 83-72, as may be amended from time to time, shall be deemed to apply to such construction work; and further CONTRACTOR shall fully comply with the requirements of such ordinance and shall satisfy, comply with, and complete the requirements set forth in Exhibits B and C. 10.6 THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor COUNTY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. 9 BBIP-Gout 5/18/11 TR 12668 - Exhibit 1 10.7 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same, as set forth herein, until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR BROWARD COUNTY: Dan West, Director Broward Parks & Recreation Division 950 N. W.38th Street Oakland Park, Florida 33309 (954) 357-8100 FOR CONTRACTOR: Michael Gresek, Grant Administrator City of Tamarac 7525 NW 88th Avenue Tamarac, Fl. 33321 (954) 579-3562 10.8 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Agreement except as authorized by Exhibit A. CONTRACTOR -represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNTY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s), provided to or on behalf of CONTRACTOR, shall be comparable to the best local and national standards. In BBIP-Gout 5/18/11 TR 12668 - Exhibit 1 10.9 CONFLICTS Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONTRACTOR's loyal and conscientious exercise of judgment related to its performance under this Agreement. CONTRACTOR agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against COUNTY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of COUNTY or in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CONTRACTOR or any other persons from representing themselves in any action or in any administrative or legal proceeding. In the event CONTRACTOR is permitted to utilize subcontractors to perform any services required by this Agreement, CONTRACTOR agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section. 10.10 AMENDMENTS Except for the provisions set forth in Article 5, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CONTRACTOR. 10.11 WAIVER OF BREACH AND MATERIALITY COUNTY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein was bargained for at arms -length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. COUNTY's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 11 BBIP-Gout 5/18/11 TR 12668 - Exhibit 1 10.12 COMPLIANCE WITH LAWS CONTRACTOR shall comply with all federal, state, local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 10.13 SEVERANCE In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CONTRACTOR elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 10.14 JOINT PREPARATION Each party and its counsel have participated fully in the review and revision of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 10.15 PRIORITY OF PROVISIONS The applicable provisions of Sections 328.72, and 328.76, Florida Statutes, as may be amended from time to time, and Section 9 1/2-16 of the Broward County Code, as may be amended from time to time, are hereby expressly incorporated into this Agreement. In the event of a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in the Florida Statutes, and Broward County Code, shall prevail and be given effect. 10.16 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Agreement 12 B BI P-Govt 5/18/11 TR 12668 - Exhibit 1 shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 10.17 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms, hereof, shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in'accordance with Section 10.10 above. 10.18 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits are incorporated into and made apart of this Agreement. 10.19 MULTIPLE ORIGINALS Multiple copies of this Agreement may be fully executed by all parties, each of which shall be deemed to be an original. [THIS SPACE INTENTIONALLY LEFT BLANK] 13 B B I P-Govt 5/18/11 TR 12668 - Exhibit 1 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator, authorized to execute same by Resolution on the twentieth day of June, 2000, and the CITY OF TAMARAC, signing by and through its MAYOR, duly authorized to execute same. COUNTY lou�exm-x lLi2� By: 14 — -- Witness beftg-a Henry County Administrator I . --T— L&-)day of �.-VILA5--kMA 2014, ss 0 CRF-ATED OCT 1 St 0 - 1915 Approved as to form by '0 Colujo(' Office of County Attorney ... Broward County, Florida Joni Armstrong Coffey, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Approved as to Insurance Fort Lauderdale, Florida 33301 Requirements Telephone: (954) 357-7600 Telecopier: (954) 357-6968 Risk Manage4ie_n_Wivision Daphne Jones isk� Risk Management Division Assistant County Attorney lacq,' -1 -ioline A, Binns s nsuante and Manager 14 BBIP-Govt 5/18111 TR 12668 - Exhibit 1 AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR THE BROWARD BOATING IMPROVEMENT PROGRAM GRANT WITNESSES: CITY O TA A C._. -� -.- tSignature) (Print Name and Title) day of V!S , 2013. ATTE51. Reviewed and approved as to form by City Clerk ��ti��1S(I1t11�f� . Cit Atto n day of , 2013. CO 01111100 15 BBIP-Govt 5/18/11 TR 12668 - Exhibit 1 EXHIBIT "A" Project title: Veterans Memorial Park Boat Dock Project II. Scope of project: Construct a 1,000 sq.ft. floating boat dock adjacent to the existing boat ramp, and install safety lighting at the boat ramp. A. CONTRACTOR agrees to complete the project known as the Veterans Memorial Park Boat Dock Project, in accordance with plans approved by the Broward County Marine Advisory Committee before construction begins, and plans and specification prepared by, or under the supervision and review of, a registered professional architect, engineer, or other appropriate professional. These elements are identified in the project application which is made a part of this Agreement by reference. B. CONTRACTOR is responsible for obtaining all state, federal, and local permits, licenses, agreements, leases, easements, etc., required for the project. C. CONTRACTOR agrees that the project, when completed, shall be dedicated for public recreational uses. The dedication shall extend for a minimum of twenty-five (25) years and shall be recorded in the public property records. CONTRACTOR further agrees to return to the COUNTY funds tendered for the project in the event the project becomes utilized for other than the purposes of the project during this period. D. The CONTRACTOR shall erect a permanent sign identifying the program and the COUNTY as a funding source of project construction. III. Required documentation of services rendered: A. Contract Administrator is responsible for ensuring performance of its terms and conditions and shall approve all payment requests prior to payment. The CONTRACTOR shall submit to the COUNTY signed quarterly project status reports on a calendar basis summarizing work accomplished, problems encountered, percentage of completion, and other appropriate information. Photographs shall be submitted when appropriate to reflect work accomplished. B. Upon project completion, the engineer, architect, or other appropriate professional shall sign a statement certifying satisfactory completion of the project in accordance with the prepared plans and specifications. 16 BBIP-Gout 5/18/11 TR 12668 - Exhibit 1 IV. Matching Funds A. Pursuant to Section 4.1 of this Agreement, CONTRACTOR agrees to provide matching funds in the amount of $25,000.00. 17 BBIP-Gout 5/18/11 TR 12668 - Exhibit 1 EXHIBIT "B" Prevailing Wage Rates:: On November 17, 1983, the Broward County Board of County Commissioners enacted Ordinance No. 83-72 providing that, in all non -federally funded construction procurement activity of Two Hundred Fifty Thousand Dollars ($250,000.00) or more, the rate of wages and fringe benefit payments for all laborers, mechanics, and apprentices shall not be less than those payments for similar skills in classifications of work in like industries as determined by the Secretary of Labor and as published in the Federal Register (latest revision). Prevailing Wage Rate Ordinance. This Project is not federally funded. If the construction cost is in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), the following sections shall apply: a) The rate of wages and fringe benefit payments for all laborers, mechanics, and apprentices shall not be less than those payments for similar skills in classifications of work in a like construction industry as determined by the Secretary of Labor and as published in the Federal Register (latest revision). b) All mechanics, laborers, and apprentices, employed or working directly upon the site of the work shall be paid in accordance with the above -referenced wage rates. CONTRACTOR shall post notice of these provisions at the site of the work in a prominent place where it can be easily seen by the workers. c) If the parties cannot agree on the proper classification of a particular class of laborers or mechanics or apprentices to be used, the Contract Administrator shall submit the question, together with its recommendation, to the County Administrator for final determination. d) In the event it is found by the Contract Administrator that any laborer or mechanic or apprentice employed by CONTRACTOR, or any Subcontractor directly on the site of the work has been or is being paid at a rate of wages less than the rate of wages required by the ordinance, the Contract Administrator may: (1) by written notice to CONTRACTOR terminate its right to proceed with the work or such part of work for which there has been a failure to pay said required wages; and (2) prosecute the work or portion thereof to completion by contract or otherwise. Whereupon, CONTRACTOR and its sureties shall be liable to COUNTY for any excess costs occasioned to COUNTY thereby. 18 BBI P-Govt 5/18/11 TR 12668 - Exhibit 1 e) Sections 1. a) through 1.d) above shall apply to this Agreement to the extent that it is: (1) a prime Agreement subject to the ordinance; or (2) a subcontract also subject to the ordinance under such prime Agreement. f) CONTRACTOR shall maintain payrolls and basic records relating thereto during the course of the work and shall preserve such for a period of three (3) years thereafter for all laborers, mechanics, and apprentices working at the site of the work. Such records shall contain the name and address of each such employee; its current classification; rate of pay (including rates of contributions for, or costs assumed to provide, fringe benefits); daily and weekly number of hours worked; deductions made; and actual wages paid. g) CONTRACTOR shall submit, with each requisition for payment, a signed and sworn "Statement of Compliance" attesting to compliance with Broward County Ordinance No. 83-72. The Statement shall be in the form attached as Exhibit "C." h) The Contract Administrator may withhold or cause to be withheld from CONTRACTOR so much of the payments requisitioned as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, watchpersons, and guards employed by CONTRACTOR or any subcontractor on the work, the full amount of wages required by this Agreement. i) If CONTRACTOR or any subcontractor fails to pay any laborer, mechanic, or apprentice employed or working on the site of the work all or part of the wages required by this Agreement, the Contract Administrator may, after written notice to CONTRACTOR, take such action as may be necessary to cause suspension of any further payments or advances until such violations have ceased. 19 BBIP-Gout 5/18/11 TR 12668 - Exhibit 1 EXHIBIT "C" STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72) No. Contract No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by Broward County Ordinance No. 83-72 and the applicable conditions of this Agreement. Dated CONTRACTOR By (Signature) By (Name and Title) STATE OF ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2013, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 2013. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) typed, printed or stamped (Title or rank) (Serial number, if any) My commission expires: BBIP-Govt 5/18/11 TR 12668 Exhibit 2 ai SFWMD STANDARD PERMIT NO. MOD 6986 (NON -ASSIGNABLE) DATE ISSUED: February 12, 2015 AUTHORIZING: MARGINAL STAGING DOCK, BULKHEAD AND RIP -RAP ADJACENT TO PREVIOUSLY PERMITTED BOAT RAMP, AND 2 PICNIC SHELTERS WITHIN THE SOUTH RIGHT OF WAY OF C-14 LOCATED IMMEDIATELTY WEST OF UNIVERSITY DRIVE WITHIN VETERANS MEMORIAL PARK. LOCATED IN: BROWARD COUNTY, SECTION 33 TOWNSHIP 48S RANGE 41 E ISSUED TO: TAMARAC, CITY OF 6011 KNOB HILL ROAD TAMARAC, FL 33321 Attention: JOHN DOHERTY This permit is issued pursuant to Application No. 14-0915-IM dated September 15, 2014 and permittee's agreement to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, maintenance, or use of the work or structure involved in the Permit. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. The permittee, by acceptance of this permit, hereby agrees that helshe shall promptly comply with all orders of the District and shall alter, repair or remove his/her use solely at his/her expense in a timely fashion, Permittee shall comply with all laws and rules administered by the District. This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation, or requirement affecting the rights of other bodies or agencies, All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit is issued by the District as a revocable license to use or occupy District works or lands. It does not create any right or entitlement, either legal or equitable, to the continued use of the District works or lands. Since this permit conveys no right to the continued use of the District works or lands, the District is under no obligation to transfer this permit to any subsequent party, By acceptance of this permit, the permittee expressly acknowledges that the permittee bears all risk of loss as a result of revocation of this permit. WORK PROPOSED MUST BE COMPLETED ON OR BEFORE January 31, 2016. Otherwise, this permit is void and all rights thereunder are automatically canceled unless permittee applies for, in writing, a request for extension to the construction period and such request is received by the District on or before the expiration date and such request is granted, in writing, by the District, SPECIAL CONDITIONS (SPECIFIC PROJECT CONDITIONS) AND LIMITING CONDITIONS ON ATTACHED SHEETS ARE A PART OF THIS DOCUMENT. FILED ON /_/2 -0 2 0 / 5— BYA-2- DEPUTY-,OLERK Original Mailed to Perimitteeon zzlm__O� �0 IS by C: Moses Balwah Copy to: FT, LAUDERDALE FIELD STATION (954) 462-4814, Extension 4823 21301 Powerline Road, Suite 311 Boca Raton, FL 33433-2305 Attn: Mustafa Albassam TR 12668 Exhibit 2 SPECIAL CONDITIONS ARE AS FOLLOWS: 1. PERMITTEE SHALL NOT COMMENCE WORK AUTHORIZED UNDER THIS PERMIT UNTIL USAGE SECTION 408 WRITTEN APPROVAL HAS BEEN RECEIVED, PERMITTEE IS ADVISED THAT A U.S: ARMY CORPS OF ENGINEERS (USAGE) SECTION 408 REVIEW IS PENDING. THE DISTRICT'S RIGHT OF WAY SECTION SHALL NOTIFY YOU UPON RECEIPT OF USACE APPROVAL OF THE PROPOSED WORK, OR IF ADDITIONAL INFORMATION IS REQUIRED BY THE USACE, IT IS THE PERMITTEE'S RESPONSIBILITY TO PROVIDE SUCH REQUESTED INFORMATION. IN THE EVENT THAT THE USACE REQUESTS ADDITIONAL INFORMATION OR REQUIRES THAT CERTAIN CONDITIONS BE IMPOSED, YOUR PERMIT WILL BE MODIFIED, AS NEEDED, TO ADDRESS THE USACE'S REQUESTS AND/OR DIRECTIVES. AS ISSUANCE OF THIS PERMIT IS SUBJECT TO USAGE APPROVAL AND MAY BE MODIFIED ACCORDINGLY,_ ANY WORK COMMENCED PRIOR TO RECEIPT OF USACE APPROVAL IS AT THE PERMITTEE'S SOLE RISK AND MAYBE SUBJECT TO ENFORCEMENT ACTION. NEITHER THE DISTRICT NOR THE USACE SHALL BE RESPONSIBLE FOR ANY LOSSES, DAMAGE OR HARM RESULTING FROM PERMITTEE'S ACTIONS TAKEN PRIOR TO RECEIPT OF USACE APPROVAL, 2. AS THE LOCAL SPONSOR OF THE CENTRAL AND SOUTH FLORIDA FLOOD CONTROL PROJECT, THE DISTRICT IS REQUIRED BY THE U.S. ARMY CORPS OF ENGINEERS (USACE) TO PROVIDE DOCUMENTATION WHICH CERTIFIES' THAT THE WORK WAS COMPLETED IN ACCORDANCE WITH THE APPROVED PROJECT SPECIFICATIONS. IT IS THE SOLE RESPONSIBILITY OF THE PERMIT HOLDER (PERMITTEE) TO PROVIDE TO THE DISTRICT WITHIN 30 DAYS OF PROJECT COMPLETION, THREE (3) SETS OF THE REQUIRED DOCUMENTATION CONSISTING OF 1) ENGINEER'S CERTIFICATION, 2) SUPPORTING FIELD REPORTS, 3) GPS READINGS FOR THE LIMITS OF THE WORK PERFORMED, 4) AS -BUILT DRAWINGS, AND 5) THE DATE THE WORK WAS COMPLETED. PLEASE FORWARD THE DOCUMENTATION TO THE DISTRICTS RIGHT OF WAY SECTION - MSC 5550, REFERENCING PERMIT NUMBER 6986, THE ABOVE LISTED REQUIREMENTS WILL BE REFERENCED IN THE USACE SECTION 408 APPROVAL LETTER, WHICH WILL BE PROVIDED TO YOU BY THE DISTRICT. 3, PERMITTEE SHALL PROVIDE AND INSURE THE DISTRICT CLEAR, CONTINUOUS, UNOBSTRUCTED VEHICULAR ACCESS, A MINIMUM OF 20' IN WIDTH OFF SOUTHGATE BOULEVARD THROUGH THE PARK TO THE DISTRICT'S RIGHT OF WAY EXTENDING EAST FROM THE PREVIOUSLY AUTHORIZED BOAT RAMP TO UNIVERSITY DRIVE. 4. THE PERMITTEE SHALL UTILIZE TURBIDITY SCREENS DURING CONSTRUCTION ACTIVITY IN CONFORMANCE WITH APPLICABLE REGULATIONS. 5. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE REMOVAL OF SILT BARRIERS LOCATED WITHIN THE CANAL WITHIN 48 HOURS NOTICE FROM THE DISTRICT, IF IN THE DISTRICT'S OPINION, STORM CONDITIONS OR EMERGENCYCIRCUMSTANCES ARE DEVELOPING, THE REMOVAL OF THE SILT BARRIERS SHALL BE COMPLETED WITHIN 12 HOURS OF NOTICE FROM THE DISTRICT. 6. AT NO TIME WILL THE CANAL BE BLOCKED OR FLOWS OTHERWISE RESTRICTED OR IMPEDED. THIS SHALL INCLUDE A PROHIBITION ON DAMS OR FILLS BEING PLACED IN THE CANAL DURING ALL PHASES OF CONSTRUCTION AND MAINTENANCE: 7; THE DISTRICT IS NOT UNDER ANY CIRCUMSTANCES RESPONSIBLE FOR THE REPAIR OR REPLACEMENT OF THE BULKHEAD OR ASSOCIATED APPURTENANCES DAMAGED AS A RESULT OF WATER LEVEL FLUCTUATIONS, FLOWS OR THE OPERATION OF ITS WATER.CONTROL STRUCTURES. B. THE BULKHEAD SHALL BE OF ADEQUATE DESIGN TO RESIST ALL STATIC AND DYNAMIC FORGES APPLIED THERETO BY CONDITIONS THAT MAY BE CREATED FROM CANAL FLOWS AND STAGES. 9. THE BULKHEAD SHALL BE CONSTRUCTED WITH ADEQUATE RETURNS AT EACH END OF CONSTRUCTION TO PREVENT EROSION THAT COULD UNDERMINE THE BULKHEAD, 10. RIP -RAP SHALL CONSIST OF CLEAN', ENVIRONMENTALLY ACCEPTABLE MATERIALS, SUCH AS NATURAL LIMEROCK, 12" AVERAGE DIAMETER WITH NO REINFORCING RODS OR METAL PROTRUSIONS. 11. THE PERMITTEE SHALL INSTALL THE AUTHORIZED RIP -RAP AND FILTER FABRIC PROPERLY SECUREDFROMA POINT ABOVE THE DESIGN HIGH WATER ELEVATION/LINE DOWN THE SIDE SLOPE AND EXTEND DOWNSTREAM' TO TIE-IN WITH THE EXISTING RIP -RAP IN ACCORDANCE WITH THE PERMIT DRAWINGS. RIP -RAP DESIGN AND SPECIFICATIONS SHALL MEET USACE SECTION 408 REQUIREMENTS, 12. THE AUTHORIZED MATERIALS SHALL BE OF ADEQUATE DESIGN TO REMAIN INTACT DURING EXTREME FLOWS AND DISCHARGES. 13, THE DISTRICT IS NOT RESPONSIBLE FOR THE REPAIR OR REPLACEMENT OF DOCKING FACILITIES OR ASSOCIATED APPURTENANCES, INCLUDING VESSELS DAMAGED AS A RESULT OF WATER LEVEL FLUCTUATIONS, FLOWS OR THE OPERATIONS OF ITS WATER CONTROL STRUCTURES. 14. THE AUTHORIZED LOADING DOCK FACILITY SHALL BE CONSTRUCTED WITHIN THE EXCAVATED, RECESSED CANAL BANK AND BOAT RAMP AREA WITH A LOW MEMBER ELEVATION OF 9.38` NGVD/MSL OR HIGHER IN ACCORDANCE WITH THE PERMITTED DESIGN. (THE LOW MEMBER ELEVATION IS THE ELEVATION OF THE LOWEST MEMBER OF THE DOCK, INCLUDING CROSS -BRACING, THAT IS PERPENDICULAR TO THE FLOW OF WATER). Page 1 PERMIT NO. MO© 6986 TR 12668 Exhibit 2 February 12,`2015 CONTINUED SPECIAL CONDITIONS ARE AS FOLLOWS: 15, THIS PERMIT DOES NOT AUTHORIZE THE INSTALLATION OF ELECTRICAL SERVICE WITHIN THE DISTRICT'S RIGHT OF WAY. THE ISSUANCE OF A FORMAL MODIFICATION OF THIS PERMIT BY THE DISTRICT WILL BE NECESSARY PRIOR TO ANY ADDITIONAL FACILITIES PLACED WITHIN THE RIGHT OF WAY. 16. BASED ON THE DISTRICT'S RECORDS, THE DISTRICT IS NOT THE UNDERLYING FEE OWNER OF PCRTIONS OF OR ALL THE LANDS SUBJECT TO THIS PERMIT: THEREFORE, YOU ARE REQUIRED TO OBTAIN ALL NECESSARY APPROVALS FROM THE UNDERLYING FEE OWNER AS REQUIRED UNDER STANDARD LIMITING CONDITION NO, 5, 17, IT IS THE RESPONSIBILITY OF THE PERMITTEE TO MAKE PROSPECTIVE BIDDERS AWARE OF THE TERMS AND CONDITIONS OF THIS PERMIT.. IT SHALL BE THE RESPONSIBILITY OF THE PERMITTEE'S CONTRACTORS TO UNDERSTAND THE TERMS AND CONDITIONS OF THIS PERMIT AND GOVERN THEMSELVES ACCORDINGLY. 18, THE PERMITTEE IS PUT ON NOTICE THAT PRIOR TO THE PLACEMENT OF ADDITIONAL FACILITIES OR ALTERATIONS TO EXISTING FACILITIES OTHER THAN THOSE AUTHORIZED BY THIS PERMIT; A MODIFICATION OF THIS PERMIT WILL FIRST BE REQUIRED, 19. THIS PERMIT SHALL NOT BECOME VALID UNTIL ALL OTHER REQUIRED SOUTH FLORIDA WATER MANAGEMENT DISTRICT, LOCAL, COUNTY AND/OR STATE PERMITS OR OTHER AFFECTED PARTIES' APPROVALS HAVE BEEN OBTAINED. THE PERMITTEE SHALL COMPLY WITH ANY MORE STRINGENT CONDITIONS SET FORTH IN OTHER REQUIRED PERMITS AND APPROVALS. 20. A COPY OF THE PERMIT PACKAGE WILL BE KEPT AT THE JOB SITE UNTIL COMPLETION OF ALL PHASES OF CONSTRUCTION AND ACCEPTANCE OF THE CONSTRUCTED FACILITIES AND RESTORATION OF THE RIGHT OF WAY BY THE DISTRICT'S FIELD REPRESENTATIVE. 21, THE PERMITTEE SHALL BE RESPONSIBLE FOR THE REMOVAL OF ALL CONSTRUCTIONMATERIALS AND DEBRIS FROM THE DISTRICT'S CANAL AND RIGHT OF WAY; AND, FOR THE REPAIR, REPLACEMENT AND RESTORATION OF ANY SECTIONS OF THE DISTRICT'S RIGHT OF WAY DAMAGED OR DISTURBED RESULTING FROM THE AUTHORIZED ACTIVITY. RESTORATION SHALL BE TO THE SATISFACTION OF THE DISTRICT AND MAY INCLUDE PLACEMENT OF FILTER FABRIC CLOTH, RIP -RAP AND/OR GRADINGIRE-SHAPING, SEEDING, RE -SODDING WITH ARGENTINE BAHIA GRASS OR OTHER SPECIES RECOGNIZED BY THE DISTRICT AS DROUGHT TOLERANT, 22. SHOULD THE AUTHORIZED ACTIVITIES OR PLACEMENT OF THE AUTHORIZED FACILITIES WITHIN THE DISTRICT'S RIGHT OF WAY OR MAINTENANCE OF SAME ATTRIBUTE TO SHOALING, EROSION OR WASH -OUTS OF THE DISTRICT'S RIGHT OF WAY, BERM OR SIDE SLOPE OF THE CANAL, IT IS THE P'ERMITTEE'S SOLE RESPONSIBILITY AND EXPENSE TO, UPON NOTIFICATION FROM THE DISTRICT, IMMEDIATELY' TAKE APPROPRIATE STEPS TO RESTORE THE RIGHT OF WAY TO THE SATISFACTION OF THE DISTRICT. 23. AT NO TIME SHALL THE PERMITTEE PLACE PERMANENT OR SEMI -PERMANENT ABOVE -GROUND ENCROACHMENTS OR FACILITIES WITHIN ANY PORTION OF THE DISTRICT'S RIGHT OF WAY INCLUDING AND NOT LIMITED TO THE 40 FOOT WIDE STRIP OF LAND LYING PARALLEL TO THE CANAL AS MEASURED FROM THE TOP OF THE EXISTING CANAL BANK LANDWARD, UNLESS OTHERWISE SPECIFICALLY AUTHORIZED IN THIS PERMIT, 24. THE PERMITTEE IS PUT ON NOTICE THAT THE DISTRICT HAS NO CONTROL OVER THE SALE OR TRANSFER OF REAL OR PERSONAL PROPERTY. THEREFORE, IT IS THE SOLE OBLIGATION OF A PERMITTEE TO DISCLOSE THE EXISTENCE OF THIS RIGHT OF WAY OCCUPANCY PERMIT INCLUDING ITS TERMS AND CONDITIONS TO PROSPECTIVE PURCHASERS, UPON CONVEYANCE OF THE. PROPERTY, THE NEW OWNER MUST SUBMIT A WRITTEN REQUEST THAT THE DISTRICT TRANSFER THE PERMIT INTO HIS/HER NAME(S). END. •m TR 12668 Exhibit 2 40E-6.381. Limiting Conditions. The District's authorization to utilize lands and other works constitutes a revocable license (including both notice general permits and standard permits). In consideration for receipt of that license, Permittees shall agree to be bound by the following standard limiting conditions, which shall be included within all permits issued pursuant to this chapter: (1) All structures on District works for lands constructed by Permittee shall remain the property of Permittee, who shall be solely responsible for ensuring that such structures and other uses remain in good and safe condition. Permittees are advised that other federal, state and local safety standards may govern the occupancy and use of the District's lands and works. The District assumes no duty with regard to ensuring that such uses are so maintained and assumes no liability with regard to injuries caused to others by any such failure, (2) Permittee solely acknowledges and accepts the duty and all associated responsibilities to inoorpo(ate safeiy features, whiO meet apply able erigineering practice and accepied industry standards, into the design, construction, operation and continued maintenance of the permitted facilities/authorized use. This duty shall include, but not be limited to, Permittee's consideration of the District's regulation and potential fluctuation, without notice, of water levels in canals and works, as well as the Permittee's consideration of upgrades and modifications to the permitted facilities/authorized use which may be necessary to meet any future changes to applicable engineering practice and accepted industry standards. Permittee acknowledges that the District's review and issuance of this permit, including, but not limited to, any field inspections performed by the District, does not in any way consider or ensure that the permitted facilities/authorized use is planned, designed, engineered, constructed, or will be operated, maintained or modified so as to meet applicable engineering practice and accepted industry standards, or otherwise provide any safety protections. Permittee further acknowledges that any inquiries, discussions, or representations, whether verbal or written, by or with any District staff or representative during the permit review and issuance process, including, but not limited to, any field inspections, shall not in any way be relied upon by Permittee as the District's assumption of any duty to incorporate safety features, as set forth above, and shall also not be relied upon by Permittee in order to meet Permittee's duty to incorporate safety features, as set forth above. (3) Permittee agrees to abide by all of the terms and conditions of this permit, including any representations made on the permit application and related documents. This permit shall be subject to the requirements of Chapter 373, F.S., and Chapter 40E-6, F.A.C., including all subsequent rule and criteria revisions. Permittee agrees to pay all removal and restoration costs, investigative costs, court costs and reasonable attorney's fees, including appeals, resulting from any action taken by the District to obtain compliance with the conditions of the permit or removal of the permitted use. If District legal action is taken by staff counsel, "reasonable attorney's fees" is understood to mean the fair market value of the services provided, based upon what a private attorney would charge. (4) This permit does not create any vested rights, and except for governmental entities and utilities, is revocable at will upon reasonable prior written notice. Permittee bears all risk of loss as to monies expended in furtherance of the permitted use. Upon revocation, the Permittee shall promptly modify, relocate or remove the permitted use and properly restore the right of way to the District's satisfaction. In the event of failure to so comply within the specified time, the District may remove the permitted use and Permittee shall be responsible for all removal and restoration costs. TR 12668 Exhibit 2 (5) This permit does not convey any property rights nor any rights or privileges other than those specified herein and this permit shall not, in any way, be construed as an abandonment or any other such impairment or disposition of the District's property rights, The District approves the permitted use only to the extent of its interest in the works of the District. Permittee shall obtain all other necessary federal, state, local, special district and private authorizations prior to the start of any construction or alteration authorized by the permit. Permittee shall comply with any more stringent conditions or provisions which may be set forth in other required permits or other authorizations. The District, however, assumes no duty to ensure that any such authorizations have been obtained or to protect the legal rights of the underlying fee owner, in those instances where the District owns less than fee. (6) Unless specifically prohibited or limited by statute, Perrnittee agrees to indemnify, defend and save the District (which used herein includes the District and its past, present and/or future employees, agents, representatives, officers and/or Governing Board members and any of their successors and assigns) from and against any and all lawsuits, actions, clairng, demands, losses, expenses, costs, attorneys fees (including but not limited to the fair market value of the District's in-house attorneys' fees based upon private attorneys' fees/rates), judgments and liabilities which arise from or may be related to the ownership, construction, maintenance or operation of the permitted use or the possession, utilization, maintenance, occupancy or ingress and egress of the District's right of way which arise directly or indirectly and are caused in whole or in part by the acts, omissions or negligence of the Permittee or of third parties. Permittee agrees to provide legal counsel acceptable to the District if requested for the defense of any such claims. (7) The District does not waive sovereign immunity in any respect, (8) The Permittee shall not engage in any activity regarding the permitted use which interferes with the construction, alteration, maintenance or operation of the works of the District, including: (a) discharge of debris or aquatic weeds into the works of the District; (b) causing erosion or shoaling within the works of the District; (c) planting trees or shrubs or erecting structures which limit or prohibit access by District equipment and vehicles, except as may be authorized by the permit. Permittee shall be responsible for any costs incurred by the District resulting from any such interference, as set forth in (a), (b), and (c), above. (d) leaving construction or other debris on the District's right of way or waterway; (e) damaging District berms and levees; (f) the removal of District owned spoil material; (g) removal of or damage to District locks, gates, and fencing; (h) opening of District rights of way to unauthorized vehicular access,- or (i) running or allowing livestock on the District's right of way. (9) The District is not responsible for any personal injury or property damage which may directly or indirectly result from the use of water from the District's canal or any activities which may include use or contact with water from the District's canal, since the District periodically sprays its canals for aquatic weed control purposes and uses substances which may be harmful to human health or plant life, (10) Permittee shall allow the District to inspect the permitted use at any reasonable time. (11) Permittee shall allow, without charge or any interference, the District, its employees, agents, and contractors, to utilize the permitted facilities before, during and after construction for the purpose of conducting the District's, routine and emergency, canal operation, maintenance, TR 12668 Exhibit 2 and construction activities. To the extent there is any conflicting use, the District's use shall have priority over the Permittee's use. (12) This permit is a non-exclusive revocable license. Permittee shall not interfere with any other existing or future permitted uses or facilities authorized by the District. (13) The District has the right to change, regulate, limit, schedule, or suspend discharges into, or withdrawals from, works of the District in accordance with criteria established by the Big Cypress Basin, the District, or the U.S, Army Corps of Engineers for the works of the District, (14) If the use involves the construction of facilities for a non exempt water withdrawal or surface water discharge, the applicant must apply for and obtain a water use or surface water management permit before or concurrently with any activities which may be conducted pursuant to the right of way occupancy permit, (15) The District shall notify the local ad valorem taxing authority of the lands affected by the Permitted uae, wf-iare 'the Permittele ovfris the underlying fee and deriveS a substantial beriell"11t from the permitted use. The taxing authority may reinstate such lands on the tax roll. Failure to pay all taxes in a timely manner shall result in permit revocation, Such permit revocation shall not alleviate the responsibility of the Permittee to pay all taxes due and payable. (16) Permittee shall provide prior written notice to their successors in title of the permit and its terms and conditions. (17) Permittee authorizes the District to record a Notice of Permit through filing the appropriate notice in the public records of the county or counties where the project is. Governmental entities and utilities are not subject to this provision, (18) Permittee shall be responsible for the repair or rep!acement of any existing facilities located within the District's right of way which are damaged as a result of the installation or maintenance of the authorized facility. (19) All obligations under the terms of this permit authorization and any subsequent modifications hereto shall be joint and several as to all owners, (20) It is the responsibility of the Permittee to make prospective bidders aware of the terms and conditions of this permit. It shall be the responsibility of the Permittee's contractors to understand the terms and conditions of this permit and govern themselves accordingly, (21) It is the responsibility of the Permittee to bring to the attention of the District any conflict in the permit authorization or permit conditions in order that they may be resolved prior to the start of construction, In resolving such conflicts the District's determination will be final, (22) Special Conditions that are site specific shall be incorporated into every Permit as may be necessary in the best interest of the District. (23) The District is not responsible for the repair of or claims of damage to any facilities and uses which may incur damage resulting from the District's utilization of its rights of way or use by third parties. Improvements placed within the right of way are done so at the sole risk of the owner. Rulernaking Authority 373,044, 373,113 FS, Law Implemented 373.085(1), 373.086, 373103, 373.109, 373.129. 3731395, 373.603, 373,609, 373.613 FS, History --New 9-3-81, Formerly 16K-5,01(2), 16K-5.02(2), 16K-5M(2), 16K-5.04(4), 16K-5.05, Amended 5-30-82, 12-29-86, 12-24- 91, 9-15-99, 8-12-13 TR 12668 Exhibit 3 DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS PA BOX 4970 1 JACKSONV ILLE, FLORIDA 32232-0019 REPLY TO ATTENTfON OF MAR 1 6 2015 Engineering Division Design Branch Mr. Jeffrey R. Kivett, P.E. Division Director Operations, Engineering, and Construction South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Dear Mr. Kivett: Reference South Florida Water Management District (SFWMD) letter, January 26, 2015, requesting U.S. Army Corps of Engineers (Corps) review the plans for the City of Tamarac Community Dock on C-14. It is my understanding that the work will include constructing an L-shaped wood dock consisting of steel sheet piles with concrete caps, precast concrete piles, and recycled plastic lumber decking. Two picnic shelters, along with concrete walkways, will be also be built. The Jacksonville District approves your request for City of Tamarac Community Dock on C-14 as referenced herein. Approval of these modifications to the Central & Southern Florida (C&SF) Project is in accordance with 33 U.S.C. 408. The SFWMD is responsible for the quality control for performance of the work and for ensuring these modifications do not interfere with the functioning of the canal and/or the flood control project. Documentation of the completed work must be furnished to the Jacksonville District within 30 days after completion of the work for our records.. This documentation will need to include a certification that the work was completed in accordance with the specifications, GPS readings for the limits of the work performed, as -built drawings, and the date work was completed. Please note that this action does not constitute a Department of the Army Permit pursuant to Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act of 1899. _ __ TR 12668 Exhibit 3 -2- Please contact Eduardo Marin, P.E., 904-232-1154, or email eduardo.g.marin(a-)usace.army.miI if you have questions concerning this subject. Sincerely, Alan M. Dodd Colonel, U.S. Army District Commander cc: Ms. Alisa Zarbo, U.S. Army Corps of Engineers, Palm Beach Gardens Office, 4400 PGA Boulevard, Palm Beach Gardens, Florida 33410 Ms, Nimmy Jeyakumar, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406 Ms. Ted Swartz, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406 INVITATION TO BID VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT ISSUED: 05/31/2015 BID SET City of Tamarac Purchasing Division 7525 NW 88th Avenue Room 108 Tamarac, FL 33321 Public Services Department 6011 Nob Hill Road (2"d Floor) Tamarac, FL 33321 TR 12668 Exhibit 4 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement BID NO.: 15-16B BID TITLE: VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT BID OPENING DATErFIME: JULY 1, 2015 AT 2:00 PM LOCAL TIME BUYER NAME: LYNDA CUMMINGS, SENIOR PROCUREMENT SPECIALIST BUYER PHONE: 954-597-3570 BUYER EMAIL: LYNDA.CUMMINGs@tamarac.org PRE -BID CONFERENCE: TUESDAY, JUNE 16, 2015, RM 105 AT 10:OOAM BONDING: 5% BID BOND —100% PAYMENT & PERFORMANCE BOND BID FEE: $20.00 GENERAL CONDITIONS These instructions are standard for all bids for commodities/services issued by the City of Tamarac. The City of Tamarac may delete, supersede or modify any of these standard instructions for a particular bid by indicating such change in the Instructions to Bidders, Special Conditions or Special Provisions. Any and all Special Conditions, Special Provisions, Bid Specifications or applicable requirements that may vary from these general conditions shall prevail over any conflicting provision within any vendor's standard terms & conditions regardless of language in vendor's document to the contrary. Whereas conflict may exist within this entire Bid document, the more strict provision shall apply. SEALED BIDS This form should be submitted with all Bid Forms in a sealed envelope. The face of the envelope shall contain the above address, the Bid number and the Bid title. Bids not submitted on the attached Bid Form may be deemed non -responsive. All Bids are subject to the terms and conditions specified herein. Those bids that do not comply with these conditions may be deemed non -responsive. BIDDER COMPANY NAME: COMPANY ADDRESS: COMPANY PHONE: NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. 0 TR 12668 Exhibit 4 City of Tamarac Our Vision and Mission Our Vision: The City of Tamarac, our community of choice — leading the nation in quality of life through safe neighborhoods, a vibrant economy, exceptional customer service and recognized excellence. Our Mission: We Are "Committed to Excellence. , . Always" It is ourjob to foster and create an environment that Responds to the Customer Creates and Innovates Works as a Team Achieves Results, and Makes a Difference In the fulfillment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency and quality service. Our vendors are truly partners in meeting these commitments to the community, and in support of that vision and mission, we are committed to ensuring that qualified, competitive vendors who share our commitment to quality, efficiency, teamwork and customer service are employed to provide goods and services to the City. Our vendors are expected to deliver high quality products and efficient service that is provided on time and as ordered; in a manner that improves the overall value of the services that the City provides to its residents. In addition, we expect our vendors to work with the City as a team, and exhibit the highest level of integrity when dealing with any office or department of the City. Diligence in the execution of the requirements of this proposal will ultimately contribute to the overall quality of services provided to the entire community. The City is searching for a firm who will exemplify these ideals in the execution of their work, and the successful firm will be measured against the performance standards outlined in this bid invitation. Makes a Difference In the fulfillment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency and quality service. Our vendors are truly partners in meeting these commitments to the community, and in support of that vision and mission, we are committed to ensuring that qualified, competitive vendors who share our commitment to quality, efficiency, teamwork and customer service are employed to provide goods and services to the City. Our vendors are expected to deliver high quality products and efficient service that is provided on time and as ordered; in a manner that improves the overall value of the It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. and Contracts Division GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Bidders. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 NW 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page of this solicitation document. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall become a matter of public record. All Bidders and their representatives are invited to attend. Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of Bidder. Late bids will be returned unopened to Bidder. It is Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified, Bidder must use the bid form furnished in the bid document. The Bidder is requested to submit one (1) original and two (2) copies of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All bid forms must be typewritten or completed in ink. Bidder must initial any erasures or corrections in ink. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for ninety days from the date of the bid opening unless otherwise stated by City. Bidder preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. Bidder shall prepare a bid with understanding that no claim for reimbursement shall be submitted to City for expenses related to its preparation. 2. BID DEPOSIT When required on the cover page, a bid deposit or bid surety bond in the amount specified shall accompany the bid. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to City of Tamarac. In lieu of a bid deposit, a bid surety provided by a firm licensed to business in the State of Florida shall be provided to City. Any bid deposits will be returned to Bidders at the time of contract award. Bid deposit of the successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. 3. BONDING When required by the specification herein, the successful Bidder shall furnish a Performance and Payment bond, and/or Warranty bond, as stated on the cover page of this solicitation, on the City's forms, within fifteen (15) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the bid and 3 TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division any bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to Bidder's failure to furnish said bonds. 4. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Office. 5. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for 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 or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 6. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit Form and submit this form with the bid/proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be fixed and firm for a period of ninety (90) calendar days. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder should enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Florida Prompt Payment Act, F.S. Chapter 218. 10. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 11. MANUFACTURER'S NAME & APPROVED EQUIVALENTS Manufacturer's name, trade name, brand name information and/or model/catalog numbers are used in these specifications for information and establishment of a quality level desired, and are not intended to restrict competition unless otherwise specified in the bid. The Bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, clearly indicate in bid submittal the manufacturer's name and model/catalog number. Bidder shall submit complete descriptive literature and/or specifications with the bid. The burden of proof for specification compliance is solely on the Bidder. The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for bid disqualification. If Bidder fails to name a substitute, it will be assumed that the Bidder has submitted a bid which conforms in all aspects to the requirements of the bid document, and that the Bidder intends to furnish goods identical to the bid standard. 12. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 13. BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the Broward County Sheriffs Office. Bidder's submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Bidder's qualifications. 14. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the bidder at no cost to the City. Successful Bidder shall furnish all guarantees and warranties to the Project Manager prior to final TR 12668 Exhibit 4 of Tamarac acceptance and payment. The warranty period shall commence upon final acceptance of the product. 15. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 16. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards, if applicable. 17. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 18. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 19. TERMINATION a. DEFAULT In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE The final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. C. FUNDING OUT This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 20. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that Purchasing and Contracts Division may become due hereunder are not assignable except with prior written approval of the City. 21. EMPLOYEES Employees of Bidder shall at all times be under its sole direction and not an employee or agent of the City. Bidder shall supply competent and physically capable employees. The City may require Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to City for acts and omissions of all employees working under its directions. 22. EQUAL EMPLOYMENT OPPORTUNITY During the performance of the Contract, the Contractor and its sub -contractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its sub -contractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its sub- contractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all sub -contractors, if any, will be made aware of and will comply with this nondiscrimination clause. 23. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 24. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 25. INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. TR 12668 Exhibit 4 City of Tamarac Bidder shall provide to the City's Purchasing Division certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: Line of Business/ Coverage Occurrence Aggregate Commercial $1,000,000 $1,000,000 General Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Statutory Compensation & Employer's Liability Builder's Risk Insurance is required in an amount not less than the replacement cost for the construction of the work. Coverage shall be "All Risk" coverage for one hundred (100%) of the completed value. City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied City with evidence of such coverage in the form of an insurance certificate and endorsement. Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain necessary coverage through term of Agmt. All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give City sixty (60) days notice prior to cancellation. Bidder's liability insurance policies shall be endorsed to add Tamarac as an "additional insured". Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to City. Bidder shall be responsible for the payment of all deductibles and self -insured retentions. City may require that Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If Bidder is to provide professional services under this Agreement, Bidder must provide City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 26. INDEMNIFICATION Bidder shall indemnify and hold harmless City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with operations of Bidder, Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely Purchasing and Contracts Division attributable to the gross negligence or willful misconduct of City of Tamarac or its elected or appointed officials & employees. 27. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted in writing to the Purchasing and Contracts Manager. The City of Tamarac reserves the right to amend this bid prior to the Bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. *—SPECIAL NOTE -- Addendums will only be issued electronically through the City's web -site. Vendors will be notified of the availability of new solicitations and addendums via e-mail or text message (per the vendor's choice). It is essential that all vendors receiving a bid or proposal either download the document from the City's web -site, or register as a plan holder. All bidders / proposers must visit http:/twww.tamarac.org/bids.aspx, and select the "NOTIFY ME" icon. This action will take the bidder/proposer to the "Notify Me" page. Once on the "Notify Me" page, enter the appropriate e-mail address to which notifications of solicitations and addendums should be sent. Bidders and proposers may also request notification by text message at this time. Upon completion of this process, a confirming e-mail will be sent to the individual who registered. You must click on the link provided to confirm registration for solicitation documents and addendums. Regardless of the means of transmission of an Addendum it is the responsibility of the bidder or proposer to insure that they have received all addendums issued for a solicitation prior to submitting a response. **"* 28. BID TABULATION Bidders may download the bid tabulation on-line at http://www.tamarac.org/bids.aspx. City does not notify unsuccessful Bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. TR 12668 Exhibit 4 of Tamarac 29. RECORDS/AUDITS Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of City's Auditor. Contractor agrees to make available to City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for duration of contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 30. UNBALANCED BIDS When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. 31. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. 32) CONTINGENT FEES Contractor warrants it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement 33) PUBLIC RECORDS The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 33.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 33.1.2 Provide the public with access to such public records on the same terms s that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 33.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 33.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. Purchasing and Contracts Division 33.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Article 17, "Termination", herein. 34. LUMBER: Section 4 Subsection (3) of section 255.20, Florida Statutes, is amended to read: 255.20 Local bids and contracts for public construction works; specification of state -produced lumber.— (3)(a) All county officials, boards of county commissioners, school boards, city councils, city commissioners, and all other public officers of state boards or commissions that are charged with the letting of contracts for public work, for the construction of public bridges, buildings, and other structures must specify in the contract lumber, timber, and other forest products produced and manufactured in this state, if wood is a component of the public work, and if such products are available and their price, fitness, and quality are equal. (b) This subsection does not apply: 1. To plywood specified for monolithic concrete forms. 2. If the structural or service requirements for timber for a particular job cannot be supplied by native species, or 3. If the construction is financed in whole or in part from federal funds with the requirement that there be no restrictions as to species or place of manufacture. 4. To transportation projects for which federal aid funds are available. TR 12668 Exhibit 4 of Tamarac INVITATION TO BID BID NO. 15-16B Purchasing and Contracts Division Sealed bids, addressed to the Senior Procurement Specialist of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Room 108, Tamarac, Florida 33321 until 2:00 PM local time Wednesday, July 1, 2015 at which time bids will be publicly opened and announced for the VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT. All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. Submit one (1) original document, marked "Original" on its exterior, prior to the bid opening deadline. Late bids will not be accepted. Two (2) photocopies should accompany your original. Bids shall be submitted on the official Bid Forms furnished with this bid package; and those submitted otherwise will not be considered responsive. The submittal should be plainly marked "Bid No. 15-16B, Veteran's Park Boat Dock Installation Project" on the outside of the sealed envelope. Bid Security: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount not less than 5% of the total bid price payable to the City of Tamarac as guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. A Pre -Bid Conference will be held Tuesday, June 16, 2015, at 7525 NW 88th Avenue, Tamarac, Florida 33321, 10:00 AM, Room 105. The work to be performed consists of furnishing all labor, materials, tools, equipment, permits, insurance necessary, as indicated in the contract drawing and specifications herein, to complete the VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT, as intended. City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for purchase for $20.00 payable to the City at Tamarac City Hall, 7525 NW 88th Ave, Room 108. For all inquiries, you may contact the Purchasing Office at (954) 597-3570 or by e-mail at Iynda.cummingsa-tamarac.org Be sure to include the Project Name and Bid Number on all correspondence. Lynda Cummings, CPPB Senior Procurement Specialist Publish Sun Sentinel: Sunday, May 31, 2015 8 TR 12668 Exhibit 4 City of Tamarac TABLE OF CONTENTS Bid No. 15-16B and Contracts Division General Terms and Conditions.........................................................................................2-7 Invitationto Bid....................................................................................................................8 Tableof Contents................................................................................................................ 9 Scopeof Work..............................................................................................................10-12 Instructionsto Bidders..................................................................................................13-14 SpecialConditions........................................................................................................15-20 SpecialProvisions........................................................................................................21-42 BidCoversheet Checklist.................................................................................................. 43 Bid Form/Bid Schedule..................................................................................SCH-1— SCH-6 Non -Collusive Affidavit................................................................................................. 50-51 Certification....................................................................................................................... 52 Bidder's Qualification Statement....................................................................................... 53 References........................................................................................................................ 54 Vendor Drug -Free Workplace............................................................................................ 55 Listof Subcontractors........................................................................................................ 56 CertifiedResolution........................................................................................................... 57 TrenchSafety Form...........................................................................................................58 BidBond.......................................................................................................................59-60 FormPayment Bond.................................................................................................... 61-63 FormPerformance Bond..............................................................................................64-68 Applicationfor Payment..................................................................................................... 69 ChangeOrder.................................................................................................................... 70 Final Release of Lien by Contractor.............................................................................71-72 Sample Form of Agreement......................................................................................... 73-84 9 i a i TR 12668 Exhibit 4 of Tamarac Purchasing and Contracts Division ------------ TECHNICAL SPECIFICATIONS SECTION DESCRIPTION 01010 SUMMARY OF WORK 01015 GENERAL REQUIREMENTS 01025 MEASUREMENT & PAYMENT 01039 COORDINATION & MEETINGS 01045 CUTTING AND PATCHING 01050 FIELD ENGINEERING 01070 APPLICABLE STANDARDS AND CODES 01310 CONSTRUCTION SCHEDULES 01340 SUBMITTALS AND SUBSTITUTIONS 01370 SCHEDULE OF VALUES 01505 CONTROL OF WORK 01510 TEMPORARY UTILITIES 01511 PROTECTION OF EXISTING FACILITIES 01520 CONSTRUCTION AIDS 01530 BARRIERS 01560 TEMPORARY CONTROLS 01570 TRAFFIC REGULATION 01600 MATERIALS AND EQUIPMENT 01700 PROJECT CLOSEOUT 01720 PROJECT RECORD DOCUMENTS 02010 SUBSURFACE INVESTIGATION 02050 DEMOLITION 02100 SITE PREPARATION TR 12668 Exhibit 4 9= City of Tamarac Purchasing and Contracts Division 02151 SHORING AND BRACING OF EXCAVATIONS 02211 ROCK AND BOULDER EXCAVATION 02220 STRUCTURAL EXCAVATION, BACKFILL & COMPACTION 02276 TEMPORARY EROSION AND SEDIMENTATION CONTROL 02300 EARTHWORK 02370 RIP RAP SYSTEM 02481 CANAL MAINTENANCE 02510 WALKWAYS 02520 CONCRETE CURBS AND HEADERS 02931 SODDING 02950 LANDSCAPE SPECIFICATIONS 03300 CAST -IN PLACE CONCRETE 05511 ALUMINUM LADDERS 316216 STEEL SHEET PILES TR 12668 Exhibit 4 City of Tamapac Purchasing and Contracts Division DRAWINGS BID SET PLANS SHEET DRAWING TITLE C-0 COVER SHEET SU-1 EXISTING SITE CONDITIONS D-1 DEMOLITION PLAN C-1 SITE PLAN C-2 CUT SECTIONS C-3 EXISTING CANAL SECTION C-4 DOCK AND SEAWALL DETAILS C-5 DOCK AND SEAWALL DETAILS C-6 SHELTER DETAILS C-7 GENERAL DETAILS C-8 GENERAL NOTES C-9 STORM WATER PREVENTION POLLUTION PLANS C-10 STORM WATER PREVENTION POLLUTION DETAILS 12 TR 12668 Exhibit 4 of Tamarac INSTRUCTIONS TO BIDDERS BID NO. 15-16B and Gontiacts Division VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. DESCRIPTION OF WORK The City of Tamarac is hereby requesting Bids, from qualified Contractors, for the construction of the Veterans Park Boat Dock Installation Project Bid No. 15-16B. The project site is located at Veterans Park, 7825 Southgate Blvd, Tamarac, Florida. The work shall include but not limited to, site preparation work, construction of a new boat dock and its associated work, construction of two shelters, concrete sidewalk improvement, earthwork and restoration work and shall include the furnishing of all labor, materials, tools, and equipment necessary to complete this project, as indicated in the Special Conditions, Special Provisions, and Scope of Work herein. To be eligible for award of this project, the Contractor must possess at time of bid opening, one of the following State Certified and/or County Competency licenses or any license that can meet, exceed, or legally perform the scope of work will be acceptable, as determined by state or county licensing agency. A. LICENSES State: Certified General Contractor License, defined by F.S. 489.105, plus three (3) years as a full time contractor, having successfully performed a minimum of three (3) verifiable projects of similar size and scope within the last three (3) years, under the same Bidder's Contractor company name. County: Certificate of Competency — Building Contractor Ip us three (3) years as a full time Building Contractor, having successfully performed a minimum of three (3) verifiable projects of similar size and scope within the last three (3) years, under the same Bidder's Contractor company name. Any and all necessary work outside of the primary Licensed Contractor scope for this project must be performed by a properly licensed and insured subcontractor. An Occupational license must be in effect as required by Florida Statute §205.065. B. DELIVERY - LIQUIDATED DAMAGES Upon failure of the Contractor to complete the project within the specified time frame (plus approved extensions, if any) the Contractor shall pay to the City the sum of three hundred dollars ($300.00) for each calendar day after the time specified for completion and readiness for final payment. This amount is not a penalty but liquated damages to City. 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 13 TR 12668 Exhibit 4 City of Tamarac I Purchasing and Contracts Division the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Contractor to complete the Contract on time. City shall have the right to deduct from and retain out moneys which may be due or which may become due and payable to Contractor. The amount of such liquidated damages and if the amount retained by City is insufficient to pay in full such liquidated damages, Contractor shall pay in full such liquidated damages. Contractor shall also be responsible for reimbursing City the total of all monies paid by the City to the engineer for additional engineering, inspection and administrative services until the work is complete. C. CONTACT INFORMATION For all inquiries please contact the Purchasing Division, Lynda Cummings at (954) 597- 3570 or via e-mail at Iynda.cummingsCa_tamarac.org Balance of page intentional left blank 14 TR 12668 Exhibit 4 City of Tamarac and Contracts Envision SPECIAL CONDITIONS BID 15-16B VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT 1. BID GUARANTY An acceptable Bid Bond, Cashier's Check, money order, irrevocable letter of credit or Certified Check payable to the City of Tamarac in an amount not less than 5% (five percent) of the bid price, must accompany the bid. Additional bonding may be required in the Special Terms and Conditions of this bid. The Bond must be executed by a surety company authorized to do business in the State of Florida or secured in a manner satisfactory to the City of Tamarac. Upon award of the Contract, Payment and Performance Guaranty in the bid award amount will be required within (15) calendar days of award and shall continue in effect until the contract expiration. 2. ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 3. CONTRACTOR'S RESPONSIBILITY Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. No work shall be performed before 8:00 AM. Exceptions to this schedule can only be made with the prior approval of the City in writing. The Contractor shall provide a qualified superintendent present on the site at all times, as a fully authorized agent of the Contractor, and capable of making on -site decisions. It shall be the responsibility of the Contractor to remove from the job site and properly dispose of all residues at the end of each and every workday. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. 15 TR 12668 Exhibit 4 City of iainarac Purchasing and Contracts Division 4. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 597-3700 and inform the appropriate staff member about the location and extent of the damages. 5. PERMITS AND LICENSES The Contractor shall be responsible for securing all necessary City, County, State, and Federal permits for this work. The successful Contractor shall submit copies of all permits required for this work to City. Contractor shall be responsible to secure necessary permits from other agencies not previously listed as may be required. The cost of all required permits will be reimbursed by the City, without markup, for properly submitted permit invoices, except the City's 1 % Public Art Fee, if applicable. The non -reimbursable 1 % Public Art Fee, if applicable, is based off the cost of the construction value of the improvement to the real property. 6. SITE INSPECTION — CITY All work will be conducted under the general direction of the Public Works Department, and Building Department of the City of Tamarac, and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization from the aforementioned agencies nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. Any work performed past City of Tamarac's normal working hours (M-F, 8:00 AM — 4:00 PM) must be inspected. If any work is done outside of normal working hours, the City inspector is to be compensated by the Contractor at a rate of $55.00/hour. However, if a City contract/consultant inspector is used, the Contractor will compensate that inspector at the same cost as the City's cost. If site closure has taken place after 4:30 PM, the City inspector will be compensated at the above provision. 7. SUBMITTALS Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, insurance certificates and any required drawings within 15 days from the Award. Additionally, Contractor shall apply for all applicable licenses or permits within (15) days of the Notice to Proceed. 8. WAIVER OF LIENS Prior to Final Payment of Contract Sum, a final waiver of lien shall be submitted by all Suppliers, Subcontractors, and Contractors who worked on the project that is subject of 16 TR 12668 Exhibit 4 of Tamarac Purchasing and Contracts Division the Agreement. Payment of invoice and acceptance of such payment by Contractor shall release CITY from all claims of liability to Contractor in connection with the Agreement. 9. DELIVERY All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All delivery costs and charges must be included in the bid price. Project substantial completion shall be within (120) calendar days from Contractor's receipt of City's Notice to Proceed. Final completion shall be (30) calendar days from date of substantial completion. 10. PAYMENT Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from monthly payment up to 50% of project completion followed by 5% thereafter. Retainage monies will be released upon satisfactory completion and final inspection of the specific work order. Invoices must bear the project name, project number, bid number and purchase order number. The City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one-year warranty period. All necessary Release of Liens and Affidavits shall be processed before the warranty period. 11. CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form of Agreement, Bid Proposal executed and submitted by the Contractor, plans and specifications (where applicable), any addenda or change orders, bond(s), insurance certificate(s), and the City's Resolution awarding the bid and all required supplemental documents, forms and/or reports. 12. CHANGE ORDERS Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to the change order until a change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. 13. CHANGES IN THE WORK/CONTRACT PRICE 13.1 CONTRACT PRICE The Contract price shall equal the unit price by the unit amount of work performed (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price or Time except as approved in writing by the Engineer/Project Manager. 13.2 CHANGE ORDER The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no 17 TR 12668 Exhibit 4 City of Tamarac IPurchasing and Contracts Division event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the Owner/Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 14. CHANGES IN CONTRACT TIME 14.2 Change Order The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 14.3 Notice Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 14.4 Basis For Extension Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 15. CITY'S OPTION In the event satisfactory adjustment cannot be reached by City and Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in contract price shall be determined by mutual acceptance of a lump sum by City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to CITY. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by CITY. 16. BONDS The Contractor shall furnish separate Performance and Payment Bonds in the amount of 100% of the total bid award as security for the faithful project performance and payment of all of the Contractor's obligations under the contract documents. At the completion and formal approval and acceptance of all work associated with specific work performed, a one year warranty period will begin. If the surety on any bond furnished by the Contractor is 18 TR 12668 Exhibit 4 City of Tamarac PUrchasing and Contracts Division declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 17. PERFORMANCE, PAYMENT AND WARRANTY BONDS Within fifteen (15) calendar days after the contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish CITY a Performance Bond and Payment Bond, each written by a corporate 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. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of 100% of the bid award. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. Payment and Performance Bonds must be submitted on City forms, included herein. Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Successful Bidder correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials. 18. LOCATION OF EXISTING UTILITIES Existing utilities may be shown on the drawings. Such information is shown for design purposes and the existing and detail given is information that is obtained during the design period and is not necessarily complete, correct or current. Prior to commencement of construction, Contractor is responsible for locating existing city utilities affected by the construction in the field. Such utilities include but are not limited to water mains, force mains, gravity sewers, pump stations, storm sewers and drain systems, and irrigation. The City will provide to Contractor available construction drawings for locating existing city utilities. However, City cannot guarantee the accuracy of drawings or any information related to existing utilities and City will not assume responsibility or liability for damage resulting from Contractor incorrectly locating existing utilities. Damage to any of City's utilities incorrectly located by Contractor or his agents shall be the responsibility of Contractor and shall be repaired and or replaced to equal or better condition at Contractor's expense. Contractor shall also be liable for all damages and claims against or by City arising in any way from damage or interference with such utilities. 19 TR 12668 Exhibit 4 of Tamarac and Contracts Division No additional compensation shall be allowed to Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. Numerous utilities not owned by City exist within the project area that may or may not have been depicted on the drawings. Contractor shall exercise care in digging and other work so as to not damage existing utilities including overhead utilities and underground cables and pipes. Contractor is also responsible for contacting the Sunshine State One Call Center of Florida (Sunshine) 1-800-432-4770 to determine location of underground utilities. Calls to Sunshine must be made at least 48 hours before digging but not more than five (5) days prior. Contractor is responsible for renewing locates if job extends beyond marking period established by Sunshine. Any utility in the vicinity that is not a member of the Sunshine Service must be notified directly. Should any underground obstructions be encountered which interfere with the work, City shall be notified at once. Contractor shall be responsible for the immediate repair of any damage caused by the work, and shall be responsible for any disruption of service caused by this damage. 19. CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed construction by Contractor, and prior to commencement of construction, Contractor shall examine the alignment of proposed work to be constructed and identify any conflicts with existing utilities. If such conflicts exist, Contractor shall undertake accurate surveys to determine elevations of utilities and shall notify the Engineer/Project Manager in writing seven (7) working days prior to the scheduled construction. Engineer/Project Manager may revise the proposed design or recommend ways and means to avoid such conflicts. Contractor may re -schedule his work so that the construction can be completed on time. No claim for down times by the Contractor shall be allowed. 20 TR 12668 Exhibit 4 of Tamarac Purchasing and Contracts Division SPECIAL PROVISIONS BID 15-16B VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified Contractors, for the construction of the Veterans Park Boat Dock Installation Project Bid No. 15-16B. The project site is located at Veterans Park, 7825 Southgate Blvd., Tamarac, Florida. The work shall include but not limited to, site preparation work, construction of a new boat dock and its associated work, construction of two shelters, concrete sidewalk improvement, earthwork and restoration work. The work to be performed consists of furnishing all labor, materials, tools, and equipment necessary to complete this project, as indicated in the Special Conditions, Special Provisions, and Scope of Work herein and any additional bid addendums issued prior to bid opening. 2. BASIC DEFINITIONS Wherever used in the Agreement or in other Contract Documents, the following terms have the meanings indicated, which are applicable to both the singular and plural of each: 2.1 Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding requirements or the contract document. 2.2 Agreement — The written agreement between the City and the Contractor covering the Work to be performed including other Contract Documents that are attached to the Agreement and made a part thereof. 2.3 Application for Payment — the form acceptable to the Engineer/Project Manager which is used by the Contractor during the course of the work in requesting progress or final payments and which is accompanied by such supporting documentation as is required by the Contract Documents. 2.4 Change Order — A document that is signed by the Contractor and the City and authorizes an addition, deletion or revision in the Work within the general scope of this Agreement, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 2.5 City — The City of Tamarac, Florida. Also referred to as Owner. 2.6 Contract Documents — The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications of Bid No. 15-16B, all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 21 TR 12668 Exhibit 4 of Tamarac Purchasing and Contracts Division 2.7 Contract Times — the number of consecutive calendar days stated in the Contract Documents to achieve substantial completion and/or complete the Work so that it is ready for final payment as evidenced by the Engineer/Project Managers written recommendation of final payment. 2.8 Defective — An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment. 2.9 Drawings — The drawings that show the character and scope of the Work to be performed and which are referred to in the Contract Documents. 2.10 Effective Date of the Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 2.11 Engineer/Project Manager — The City's authorized project representative. The words "Engineer" and "Engineer/Project Manager" are used interchangeably. 2.12 Field Order — A written order issued by the Engineer/Project Manager that requires minor changes in the Work but does not involve a change in Contract Price or Contract Time. 2.13 FDOT — the State of Florida Department of Transportation 2.14 Milestone — A principal event specified in the Contract Documents relating to an intermediate complete date or time prior to Substantial Completion of all the Work. 2.15 Notice to Proceed — A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform the Contractor's obligations under the Contract Documents. 2.16 Project — the total construction for which the Contractor is responsible under this agreement, including all labor, materials, equipment and transportation used or incorporated in such construction. 2.17 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 details applicable thereto. 2.18 Subcontractor — An individual, firm or corporation having a direct Contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. 2.19 Substantial Completion — "Substantial Completion" means the finishing or accomplishing of substantial performance of the Work as proscribed in the Contract Documents. "Substantial Performance" means there has been no willful departure from the terms of the Contract Documents and the Work has been honestly and faithfully performed in its material and substantial particulars. The term "Final Completion" means City's acceptance of the job. 22 TR 12668 Exhibit 4 City of Tamarac Purchasina and Contracts Division 2.20 Supplier — A manufacturer, fabricator, supplier, distributor, materialman or vendor. 2.21 Unit Price Work — Work to be paid for on the basis of unit prices. 2.22 Work — The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work is the result of performing services, specifically, including but not limited to construction, furnishing labor, testing, documentation, equipment and materials used or incorporated in the construction of the entire Contract Documents. The words "Project" and "Work" are used interchangeably. 2.23 Work Change Directive — A written directive to the Contractor issued on or after the effective date of the Agreement and signed by the City and recommended by the Engineer/Project Manager ordering an addition, deletion or revision in the Work. A Work Change Directive shall not change the Contract price or time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. 2.24 Written Amendment — A written amendment of the Contract Documents, signed by the CITY and the Contractor on or after the Effective Date of the Agreement and normally dealing with the non -Engineering, or non -technical aspects rather than strictly Work related aspects of the Contract Documents. 3. ENUMERATION OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: The Contract Drawings / Specifications 2. The City's Special Provisions 3. The City's Special Conditions 4. The City's Instructions to Bidders and General Terms and Conditions 5. The Sample Form Agreement As between schedules and information given on Drawings, the schedules shall govern, as between figures given on Drawings and scale measurements, the figures shall govern; as between large-scale drawings and small-scale drawings, the larger scale drawings shall govern. 4. INTENT It is the intent of the Contract Documents to describe a functionally complete Project in accordance with the Specifications. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words that have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to 99 TR 12668 Exhibit 4 City of Tamarac Purchasm and Contracts Division standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents. 5. SUPPLEMENTS, MINOR VARIATIONS OR DEVIATIONS In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized in one or more of the following ways: 5.1 The Engineer/Project Manager's approval of a shop drawing or sample; or 5.2 The Engineer/Project Manager's written interpretation or clarification. 6. CONTRACTOR'S ADDITIONAL RESPONSIBILITY 6.1 The Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. 6.2 The Contractor shall provide a qualified, English speaking, superintendent present on the site at all times. The superintendent shall be a fully authorized agent of the Contractor, and have full authority to make on -site decisions and commitments regarding the Contractors Work. 6.3 The superintendent shall be satisfactory to the City and shall not be changed except with consent of the Engineer/Project Manager. 6.4 The Contractor shall assign to the work site at least one (1) supervisor at all time capable of making field decisions, interpreting plans, etc. The Contractor shall also provide suitable personnel who shall be available after work hour emergencies and capable of making appropriate decisions. The Contractor shall supply competent and physically capable employees having the requisite skill and experience to perform the work in a workmanlike manner. The City may require the Contractor to remove any employee working for or under the Contractor that the City deems careless, incompetent, insubordinate or otherwise objectionable. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors and personnel working under the Contractor. 6.5 The Contractor shall be aware that the job may be subject to vehicular and pedestrian traffic at all times of the day and night. 6.6 Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. 6.7 The Contractor is responsible for familiarizing itself with the nature and extent of the Contract Documents, the Work, the locality, and with all local 24 TR 12668 Exhibit 4 City of Tamarac and Contracts Division conditions, verifying all pertinent figures and applicable field measurements, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. The Contractor is responsible for making or causing to be made any examinations, investigations, tests and studies as it deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Document. 6.8 Before beginning the Work or undertaking each component part of the Work, Contractor shall carefully study the Contract Documents, Special Conditions, Technical Specification, all pertinent figures and site conditions. Contractor shall promptly report in writing to the Engineer/Project Manager and City any conflict, error or discrepancy which Contractor may discover and shall obtain written interpretation or clarification from the Engineer/Project Manager before proceeding with any Work affected thereby. 6.9 Unless otherwise provided in the Contract Documents, the Contractor shall provide or cause to be provided and shall pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 6.10 The Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences and procedures. 6.11 The Contractor shall keep the City and the Engineer/Project Manager informed of the progress and quality of the Work. 6.12 If requested in writing by the Contractor, the City, with reasonable promptness and in accordance with time limits agreed upon, shall interpret the requirements of the Contract Documents and shall decide (subject to other provisions in the Contract Documents governing claims, disputes and other matters in question) matters relating to performance. Such interpretations and decisions shall be in writing. 6.13 Contractor shall correct all Work, which does not conform to Contract Documents. 6.14 The Contractor warrants to the City that materials and equipment incorporated in the work will be new unless otherwise specified, and that the Work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. 6.15 The Contractor shall pay all applicable sales, consumer, use and similar taxes, and shall secure and pay for permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work. The Contractor shall identify all governmental authorities and agencies having jurisdiction to approve the construction, and obtain all permits and approvals with such governmental authorities as have jurisdiction, and assist the City in consultations with appropriate governmental authorities and agencies in obtaining all permits and approvals. W TR 12668 Exhibit 4 of Tamarac Porchasing and Contracts Division 6.16 Without limiting the foregoing, Contractor shall pay all fees, costs, and expenses in connection with the applications, processing, and securing of approvals or permits, not previously obtained by the owner or its agent, from all governmental authorities which have jurisdiction over all aspects of this Work except City permits and fees which shall be waived except for so much of said fees as the City is required to remit to other governmental agencies. 6.17 The Contractor shall give notices and comply with laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project. 6.18 The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees and parties in privity of contract with the Contractor to perform any portion of the Work, including their agents and employees. 6.19 The Engineer/Project Manager shall prepare Change Orders for the City's approval and execution in accordance with the Contract Documents. Any work, which is commenced without a Change Order or Work Directive is being approved, shall constitute a waiver of any claim of compensation for such work. All Change Orders must be approved by the City Manager or designee identified as such in writing. 6.20 The Contractor shall maintain in good order when present at the site one record copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and other Modifications marked currently to record changes made during construction. These shall be delivered to the City upon completion of the construction and prior to final payment. 6.21 Contractor must repair any pavement, concrete, brick pavers, etc., disturbed as a result of any work within the scope of this contract to all applicable codes and City standards. 7. FAMILIARITY WITH THE TOTAL SCOPE OF THE PROJECT 7.1 The Contractor shall be familiar with the total scope of the project prior to commencement of any work. In case of any questions or conflict, they must be brought to the attention of the Engineer/Project Manager prior to any work. If further assistance is needed, the Contractor may contact the Director of Public Works. The City shall not be responsible for the Contractor's failure to comply with this requirement. 7.2 The Contractor shall be responsible for repair and restoration of all utilities or any other items damaged during the Work. 7.3 By execution of the Agreement, The Contractor acknowledges that all requirements and conditions necessary to fulfill this Contract have been met. No contract adjustments shall be allowed for concealed site conditions. 8. SHOP DRAWINGS AND SAMPLES 8.1 The Contractor shall submit to The Engineer/Project Manager for review and approval three (3) copies of all Shop Drawings for all equipment, apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division articles. The purpose of the Shop Drawing is to show the suitability, efficiency, technique -of -manufacture, installation requirements, detail of the item and evidence of compliance with the Contract Documents. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Engineer/Project Manager to review the information as required. 8.2 The Contractor shall also submit to the Engineer/Project Manager for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents and each sample shall be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 8.3 Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 8.4 At the time of each submission, the Contractor shall give the Engineer/Project Manager specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Engineer/Project Manager for review and approval of each such variation. Failure to point out such departures shall not relieve the Contractor from his responsibility to comply with the Contract Documents. 8.5 Approval of the Shop Drawings by the Engineer/Project Manager shall be general and shall not relieve the Contractor of responsibility for the accuracy of such drawings nor for the proper fittings and construction of the Work, nor for the furnishing of material or Work required by the Contract Documents and not indicated on the drawings. No Work called for by any Shop Drawing shall be done until the Engineer/Project Manager has approved the drawings. The costs incurred for the City Engineer/Project Manager's review of shop drawings, substitutes, "or equal" items, or change orders shall be paid by the Contractor. 9. SUBCONTRACTORS, SUPPLIERS AND OTHERS 9.1 The Contractor shall furnish, in writing on the form included, the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Contractor shall not change a Subcontractor, person or entity previously selected if the City makes reasonable objection to such change. M TR 12668 Exhibit 4 of Tamarac PurchaSh7g and Contracts Division 9.2 The Contractor shall be fully responsible to the City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors, suppliers and of persons whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect contract with the Contractor. Nothing in the Contract Documents shall create any Contractual relationship between the City and any such subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 10. CITY'S RESPONSIBILITIES 10.1 The City shall designate a representative authorized to act on the City's behalf with respect to the Project. The City or such authorized representative shall examine documents submitted by the Contractor and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the Work. 10.2 The City may appoint an on -site Project representative to observe the Work and to have such other responsibilities as the City and the Contractor agree in writing prior to execution of this Agreement. 10.3 The City shall cooperate with the Contractor in securing building and other permits, licenses and inspections. 10.4 If the City observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Contract Documents, the City shall give prompt written notice thereof to the Contractor. 10.5 The City shall furnish required information and services and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the design and construction. 10.6 The City shall communicate with subcontractors only through the Contractor. 10.7 The City shall furnish data required of the City under the Contract Documents promptly. 10.8 If the Work is defective, or the Contractor fails to supply sufficient skilled Workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. M TR 12668 Exhibit 4 of Tamarac Purchasing and Contracts Division 11. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES 11.1 The Engineer/Project Manager or his designee will be the City's representative during the construction period and until final payment is made. 11.2 The Engineer/Project Manager will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer/Project Manager's efforts will be directed toward providing for the City a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site inspections, the Engineer/Project Manager shall keep the City informed of the progress of the Work and shall endeavor to guard the City against defects and deficiencies in the Work. 11.3 The Engineer/Project Manager will issue technical clarifications and interpretations, with reasonable promptness. Should the Contractor fail to request interpretation of items the Contractor determines to be questionable in the Contract Documents neither the City nor the Engineer/Project Manager would thereafter entertain any excuse for failure to execute the Work in a satisfactory manner based upon such a reason or claim. 11.4 The Engineer/Project Manager may authorize minor variations in the Work from the technical requirements of the Contract Documents, which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These shall be accomplished by a Field Order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. 11.5 The Engineer/Project Manager will have the authority to disapprove or reject Work that the Engineer/Project Manager believes to be defective, and will also have authority to require special inspections or testing of the Work whether or not the Work is fabricated, installed or completed. 12. AVAILABILITY OF AREA TO STORE EQUIPMENT AND MATERIAL City will make every effort to provide suitable areas within or near the project site. Restoration of all storage areas shall be Contractor's responsibility. 13. CLEANUP AND RESTORATION 13.1 During and after completion of all work, the Contractor shall be responsible for all clean-up including but not limited to sweeping, cleaning and removal of loose material. Leftover or excessive material, debris, etc. must be completely removed from the work area and other affected areas at no expense to the City at the end of work. It shall be the Contractor's 29 TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division responsibility to protect any debris from obstructing or getting into any wastewater, water or stormwater conveyance system. If any grassed area is disturbed, it shall be promptly restored at the Contractor's expense. 13.2 Cleanup shall be performed on a routine basis in order to facilitate the maintenance of all work areas. Any damage to public or private property resulting from improper or incomplete cleanup shall be the sole responsibility of the Contractor as per Section 14, Damage to Public and/or Private Property. 13.3 The Contractor shall be responsible for the proper and legal removal and disposal of all construction debris. 13.4 The project site shall be maintained in a neat and clean manner, and upon final cleanup, the project site shall be left clear of all surplus material and debris. Paved areas shall be swept clean. 13.5 If the Contractor fails to properly maintain the site or perform required clean- ups and debris removal the City shall place the Contractor on written notice to perform required clean up. Contractor shall perform required clean up within twenty-four (24) hours of receipt of the City's written notice. 13.6 In the event that the Contractor does not comply, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 14. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY 14.1 Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. 14.2 The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. 14.3 In the event of damage, Contractor shall immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at not additional cost to the City. 14.4 In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 597-3700 and inform the appropriate staff member about the location and extent of the damages. TR 12668 Exhibit 4 City of Tamarac Purchasina and Contracts Division 14.5 In the event that the Contractor does not immediately repair to the satisfaction of the City damage to public and/or private property, the City may correct such damage. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such damage. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 15. CONNECTION TO CITY WATER The Contractor must also comply with all City of Tamarac Utility Department and Building Department requirements, and contact these departments at least 48 hours prior to start of work. 16. BASIS OF PAYMENT, UNIT PRICES AND RIGHT TO CHANGE QUANTITIES Payment at the contract unit price shall be inclusive of all labor, materials, equipment, and incidental items. 17. ACCEPTANCE OF WORK Acceptance shall be based upon satisfactory completion; material test results, performance, and appearance of the Work after the materials have established, been placed or found to be in good operating order. Prior to final acceptance, the Contractor shall remove and replace, satisfactory to the City, all defective areas. Any adjusted area that is found to be of an unsatisfactory condition shall be rejected and shall be removed and restored by the Contractor at no expense to the City. 18. TESTS AND INSPECTIONS 18.1 The Contractor shall give the City timely notice of readiness of the Work for all required inspections, tests or approvals. The Contractor shall assume full responsibility, pay all costs in connection therewith and furnish the City the required certificates of inspection, testing or approval for all materials, equipment for the Work and any part thereof unless otherwise specified herein. 18.2 The City inspectors shall have no authority to permit deviations from or to relax any of the provisions of the Contract Documents, or to delay the Agreement by failure to inspect the materials and Work with reasonable promptness. 18.3 The payment of any compensation in any form, or the giving of any gratuity or the granting of any favor by the Contractor to any inspectors, directly or indirectly is strictly prohibited and any such action on the part of the Contractor will constitute a breach of this Agreement. 31 TR 12668 Exhibit 4 City of Tamarac IPurchasing and Contracts Division 19. CORRECTION OR REMOVAL OF DEFECTIVE WORK 19.1 The Contractor shall correct Work rejected by the City or known by the Contractor to be defective or failing to conform to the Construction Documents, whether observed before or after Final Completion and whether or not fabricated, installed or completed, and all work found to be defective in the one-year period from the date of Substantial Completion (the Warranty Period) shall be the responsibility of the Contractor, or within such longer period provided by any applicable special warranty in the Contract Documents. 19.2 The City shall provide the Contractor with written notice regarding defective or rejected work. Within seven days after receipt of such written notice from the City the Contractor shall commence with corrective action to remove and replace it with Work that is not defective or rejected. 19.3 If the Contractor fails to correct defective Work as required or persistently fails to carry out the Work in accordance with the Contract Documents, the City, by written order may stop the Work, or any portion thereof, until the cause for such order has been eliminated; however the City's right to stop the Work shall not give rise to a duty on the part of the City to exercise the right for benefit of the Contractor or other persons or entities. 19.4 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents within seven days after receipt of written notice from the City to commence and continue correction of such default or neglect, the City may give a second written notice to the Contractor. If within seven days following receipt of the second notice, the Contractor fails to correct such default or neglect with diligence and promptness, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 20. PROGRESS PAYMENTS 20.1 The Contractor shall deliver to the City itemized Applications for Payment for Payment. The Contractor may requisition payments for Work completed during the Project at intervals of not more than once a month. The Contractor's requisition shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with a certification by the Contractor that the Contractor has disbursed to all Subcontractors and Suppliers their pro-rata shares of the payment out of previous progress payments received by the Contractor for all Work completed and materials furnished in the previous period and that properly executed releases of liens by all Subcontractors, Suppliers and materialmen were provided and included in the Contractor's previous applications for payment, and any other supporting documentation as may be required by the M TR 12668 Exhibit 4 of Tamarac Purchasing and Contracts Division Engineer/Project Manager or Contract Documents. Each requisition shall be submitted in triplicate to the Engineer/Project Manager for approval. The City shall make payment to the Contractor within thirty (30) calendar days after approval by the Engineer/Project Manager of the Contractor's requisition for payment. 20.2 Within thirty (30) days of the City's receipt of a properly submitted and correct Application for Payment, the City shall make payment to the Contractor. 20.3 The City shall retain Ten percent (10%) of all monies earned thru 50% of project completion by the Contractor, and 5% thereafter, until the Work is totally completed as specified, and accepted by the City. The parties hereto agree that 255.052, Florida Statutes, do not apply to this Agreement, or to any underlying agreements and obligations to which this Agreement pertains. 20.4 The Application for Payment shall constitute a representation by the Contractor to the City that, to the best of the Contractor's knowledge, information and belief, the design and construction have progressed to the point indicated, the quality of the Work covered by the application is in accordance with the Contract Documents and the Contractor is entitled to payment in the amount requested. 20.5 The Contractor shall pay each Subcontractor, upon receipt of payment from the City, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcontractor is entitled in accordance with the terms of the Contractor's contract with such Subcontractor. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub - Subcontractors in similar manner. 20.6 The City shall have no obligation to pay or to be responsible in any way for payment to a Subcontractor of the Contractor except as may otherwise be required by law. 20.7 No progress payment or partial or entire use or occupancy of the Project by the City shall constitute an acceptance of Work not in accordance with the Contract Documents. 20.8 The Contractor warrants that: (1) title to Work, materials and equipment covered by an Application for Payment will pass to the City either by incorporation in construction or upon receipt of payment by the Contractor, whichever occurs first; (2) Work, materials and equipment covered by previous Applications for Payment are free and clear of liens, claims, security interests or encumbrances, hereinafter referred to as "liens"; and (3) no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or any other person performing Work at the site or furnishing materials or equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is a TR 12668 Exhibit 4 City of Tamarac I Purchasina and Contracts Division retained by the seller or otherwise imposed by the Contractor or such other person. 20.9 The Contractor may apply for the return of the retainage held pursuant to Section 20.3, if the Contractor has satisfied the requirements of the Contract relating to retainage. The City shall pay the Contractor the amount retained for the Work, less the reasonable value of incorrect or incomplete Work, liquidated damages or both. Final payment of such withheld sum shall be made upon correction or completion of such Work and resolution of all issues regarding liquidated damage. The release of retainage shall not become due until all Work is 100% completed as identified on the final punchlist. The requirements of retainage include the following: 20.9.1 Repair and/or replacement of faulty or defective Work. 20.9.2 As -built drawings are submitted to and accepted by the City. 20.9.3 All Code requirements, inspections, testing and certificates of approval are conformed with, submitted and accepted by the City. 20.9.4 The City is satisfied all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the City might in any way be responsible have been paid or otherwise satisfied to the extent and in such form as may be designated by the City. 20.9.5 Release of Lien is submitted and accepted by the City. 20.9.6 The Contractor's completion of Punch List. 20.9.7 Warranties are submitted to and accepted by the City. 21. CHANGE QUANTITIES/CHANGE ORDERS 21.1 The City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. A written Amendment, Change Order or Work Change Directive shall authorize such additions, deletions or revisions. 21.2 All Change Orders which, individually or when cumulatively added to amounts authorized pursuant to prior Change Orders for this Project, increase the cost of the Work to the City or which extend the time for completion, must be formally authorized and approved by the appropriate City authority prior to their issuance and before Work may begin. 21.3 No claim against the City for extra Work in furtherance of a Change Order shall be allowed unless prior written City approval pursuant to this section has been obtained. 21.4 The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. 34 TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division 21.5 The Engineer/Project Manager shall prepare Proposed Change Orders on forms provided by the City. When submitted for approval, they shall carry the signature of the Public Works Director, the City Manager, and the Contractor. 21.6 If the City and the Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract times that should be allowed as a result of a Work Change Directive, a claim may be made therefore. 21.7 The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented. 21.8 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice will be the Contractor's responsibility and the amount of each applicable bond shall be adjusted accordingly. 21.9 Any claim for adjustment in the Contract Price or time shall be based upon written notice delivered by the party making the claim to the other parties and to the Engineer/Project Manager not later than fifteen (15) calendar days after the occurrence or event giving rise to the claims and stating the general nature of the claim. No claim for an adjustment in the Contract Price or an extension of the contract time will be valid if not submitted in accordance with this Paragraph. 21.10 The cost or credit to the City from a change in the Work shall be determined by one or more of the following ways: 21.10.1 By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation where unit prices do not exist in the contract documents; 21.10.2 By unit prices stated in the Contract Documents or subsequently agreed upon; or 21.10.3 By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee. 22. REGULATORY CHANGES The Contractor shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws, or regulations subsequent to the submission of the Contractor's proposal. 23. SUBSTANTIAL COMPLETION The specified warranty period for a specific Project does not begin until final completion of that project under that project's individual Notice to Proceed. M TR 12668 Exhibit 4 City of k ainarac Purchasing and Contracts Division 24. FINAL INSPECTION Upon written notice from the Contractor that the Work is or an agreed portion thereof is complete, the City and the Engineer/Project Manager will make a final inspection and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The Contractor shall address such deficiencies in accordance with Section 19 "Correction or Removal of Defective Work" of this document. 25. FINAL APPLICATION FOR PAYMENT 25.1 After the Contractor has completed all such corrections to the satisfaction of the City and the Engineer/Project Manager and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Contract Documents, and after the Engineer/Project Manager has indicated that the Work is acceptable, the Contractor may make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all liens arising out of or filed in connection with the Work and a final affidavit; or (2) the Contractor's receipts in full covering all labor, materials and equipment for which a lien could be filed; or (3) a final affidavit stating that all laborers, materialmen, Suppliers and Subcontractors who Worked for the Contractor under this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished and the reason(s) why the same remains unpaid. If any Subcontractor or Supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the City to indemnify the City against any such lien. 25.2 The Contractor shall also submit with the final application for payment, the completed set of "As -Built" drawings for review and approval. The "As -Built" drawings shall be prepared, sealed and certified by a professional registered land surveyor licensed by the State of Florida. The Contractor shall deliver mylar sepias of the as -built project, signed, sealed and dated by the responsible professional. In addition, "As -Built" plans are to be submitted in a digital format in AutoCAD latest version. The Digital File is to be compatible with the City's GIS system. Final payment to the Contractor shall not be made until said drawings have been reviewed and approved by the Engineer/Project Manager. Prior to approval, if necessary, the drawings may be returned to the Contractor for changes or modifications if in the opinion of the Engineer/Project Manager they do not represent correct or accurate "As - built" drawings. 26. FINAL PAYMENT AND ACCEPTANCE 26.1 If, on the basis of the Engineer/Project Manager's observation of the Work during construction and final inspection, and the Engineer/Project Manager's review of the final Application for Payment and accompanying TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division documentation, the Engineer/Project Manager is satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the Engineer/Project Manager will, within ten (10) days after receipt of the final Application for Payment, indicate in writing the Engineer/Project Manager's recommendation of payment and present the Application to the City for payment. Thereupon the Engineer/Project Manager will give written notice to the City and the Contractor that the Work is acceptable. Otherwise, the Engineer/Project Manager will return the Application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. After presentation to the City of the Application and accompanying documentation, in appropriate form and substance, and with the Engineer/Project Manager's recommendation and notice of acceptability, the amount recommended by the Engineer/Project Manager will become due and will be paid by the City to the Contractor within the required time frame under Florida statue regarding such payments. 26.2 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and a final certificate for payment has been approved by the Engineer/Project Manager. The making of final payment shall constitute a waiver of claims by the City except those arising from: 26.2.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 26.2.2 Faulty or defective Work and latent defects discovered after acceptance. 26.2.3 Failure of the Work to comply with the requirements of the contract documents. 26.2.4 Terms of special warranties required by the contract documents. 26.2.5 Any of the Contractor's continuing obligations under this Agreement. 26.3 The acceptance of final payment by the Contractor shall constitute a waiver of claims by that payee except those previously made in writing and identified as unsettled at the time of final application for payment. 27. CITY'S RIGHT TO WITHHOLD PAYMENT 27.1 The City may withhold in part, final payment or any progress payment to such extent as allowed under Florida statute, necessary to protect itself from loss on account of: 27.2 Defective Work not remedied. 27.3 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 37 TR 12668 Exhibit 4 City of Tamarac � -- --- Purchasing and Contracts Division 27.4 Failure of the Contractor to make payments to Subcontractors or Suppliers for materials or labor. 27.5 Damage to another Contractor not remedied. 27.6 The Contractor has incurred liability for liquidated damages. 27.7 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. 27.8 Reasonable evidences that the Work will not be completed within the Contract time. 27.9 Failure to carry out the Work in accordance with the Contract Documents. 27.10 When the above grounds are removed or resolved or the Contractor provides a Surety Bond or Consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 28. WARRANTIES 28.1 The Contractor warrants that all equipment, materials and Workmanship furnished, whether furnished by the Contractor or its subcontractors and Suppliers, will comply with the Technical Specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a Workmanlike manner. 28.2 The Contractor warrants to the City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 28.3 The Contractor warrants to the City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 29. CORRECTION PERIOD 29.1 The Contractor warrants all material and Workmanship as noted in the Technical Specifications from date of final acceptance by the City. If within the period of warranty from the date of final completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, whether observed before or after acceptance by the City, the Contractor shall commence with corrective action within seven (7) days after written notice of the such defect, without cost to the City and in accordance with the City's written instructions, either correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with Work that is not defective and satisfactorily correct and remove and replace any damage to other Work or the Work of others resulting therefrom. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause 38 TR 12668 Exhibit 4 City of Tamarac Parchasing and Contracts Division serious risk of loss or damage, the City may have the defective Workmanship corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of the Engineer/Project Manager, attorneys and other professionals) will be paid by the Contractor. 29.2 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period as noted in the Technical Specifications after such correction or removal and replacement has been satisfactorily completed. 29.3 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations that the Contractor might have under the Contract Documents. Establishment of the time period as described in Article 29, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligation other than specifically to correct the Work. 30. CONSTRUCTION SCHEDULE 30.1 The construction schedule shall be in the form of a tabulation, chart or graph (MS Project latest edition) and shall be in sufficient detail to show the critical path and the chronological relationship of all activities contained in the project. These include, but are not limited to: estimated starting and completion dates of various activities, submittals required to the Engineer/Project Manager for approval, procurement of material and scheduling of equipment. 30.2 The Construction Schedule shall allow for a maximum turnaround time by the Engineer/Project Manager of fourteen calendar days on all submittals, shop drawings and all requests for information. 30.3 The construction schedule shall reflect the completion of all Work to be performed within the specified time and in accordance with the Contract Documents. 30.4 The construction schedule shall be thoroughly reviewed and updated on a monthly basis. The revised schedule shall be submitted to the City at least every 30 days during the term of this Agreement and shall reflect a current schedule of activities, percent complete and remaining durations for all tasks. 30.5 Float, slack or contingency time derived from the early completion of tasks on the critical path is not for the exclusive use or benefit of the Contractor. The Contractor shall not utilize such time without the prior written consent of the City. 39 TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division 30.6 If the Contractor desires to make changes in the method of operation after the construction approval of the construction schedule, or if the Engineer/Project Manager determines that the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineer/Project Manager a revised construction schedule for approval. 31. PROTECTION OF PERSONS AND PROPERTY 31.1 The Contractor shall be solely responsible for initiating, maintaining and providing supervision for compliance with Occupational Safety and Health Act (OSHA) standards for safety precautions and programs in connection with the Work. 31.2 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein; and (3) other property at or adjacent to the site. 31.3 The Contractor shall comply with applicable laws, ordinances, rules, regulations and orders of public authorities bearing on the safety of persons and property and their protection from damage, injury or loss. 31.4 The Contractor shall be liable for damage or loss (other than damage or loss to property insured under the property insurance provided or required by the Contract Documents to be provided by the City) to property at the site caused in whole or in part by the Contractor, a Sub -Contractor of the Contractor or anyone directly or indirectly employed by either of them, or by anyone for whose acts they may be liable. 31.5 All unit prices provided by the Contractor as a part of this Bid shall include the cost of all safety equipment necessary for the performance of the Work. 31.6 The Contractor shall comply with the requirements of the Florida Trench Safety Act and all applicable OSHA Regulations pertaining to excavation. 31.7 The Contractor shall comply with Florida Statutes, Chapter 556, Underground Facility Damage Prevention and Safety Act and secure the underground locations and obtain a Sunshine State One Call Certification number prior to beginning any excavation. 32. HURRICANE AND SEVERE WEATHER PRECAUTIONS 32.1 The Contractor shall immediately take all protective actions necessary to secure the construction site, materials, debris and equipment to the satisfaction of Engineer/Project Manager. Engineer/Project Manager shall not be held liable for the construction site, materials, debris, and equipment. 32.2 All construction materials or equipment will be secured against displacement by wind forces. in TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division 33. WORK BY THE CITY OR CITY'S CONTRACTORS 33.1 The City reserves the right to perform Work related to, but not part of, the Project and to award separate contracts in connection with other Work at the site. 33.2 The Contractor shall afford the City's separate Contractors reasonable opportunity for introduction and storage of their materials and equipment for execution of their work. The Contractor shall incorporate and coordinate the Contractor's work with the work of the City's separate contractors as required by the Contract Documents. 33.3 Costs caused by defective or ill-timed Work shall be borne by the party responsible. 34. BID PREPARATION EXPENSE The Bidder preparing a bid in response to this bid shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. 35. CONTINGENCY ALLOWANCE The City reserves the right to add a contingency amount to the contract amount for unforeseen/unknown circumstances during the construction of the project under the Change Order provisions contained herein. The Contractor agrees that any unused portion of the contingency allowance shall remain with City and Contractor agrees they shall have no claim for the unused amount. The Contractor further agrees to execute a Change Order to the contract amount as may be required to deduct the unused amount of the contingency. 36. TRAFFIC CONTROL AND WORKING HOURS 36.1 The Contractor shall be responsible for maintaining all traffic controls during the entire period of the project. All traffic controls shall conform to the Manual of Uniform Traffic Control Device (MUTCD) and Florida Department of Transportation Roadway and Traffic Design Standards, latest edition and must be approved by the City in advance. At all times, at least one lane shall be kept open with adequate and legal traffic controls. Work shall be avoided during peak traffic hours. Working hours are set between 8 AM to 4 PM. Any deviation shall be approved in advance by City. 36.2 The Contractor shall be responsible for obtaining any and all required Maintenance of Traffic Permits from the appropriate regulatory authorities. 36.3 Road closure will not be permitted without written approval of the Engineer/Project Manager. 36.4 All unit prices provided by Contractor as a part of this Bid, shall include all costs relating to the Maintenance of Traffic including any and all safety 41 TR 12668 Exhibit 4 City of Tamarac IPurchasing and Contracts € ivision equipment necessary, including but not limited to barricades, signage, traffic markings, arrow boards, etc. 37. CUT OFF DATE FOR QUESTIONS AND CLARIFICATIONS All Bidders are encouraged to submit their questions in writing to the Purchasing Division, e-mail address, lynda.cummings(a tamarac.org relating to this project. Sufficient time will be provided Contractors during the bid process attend a Pre -Bid Conference with visit to the jobsite, and request responses to questions or clarifications with regard to this project. Note: All inquiries shall be submitted at least six (6) calendar days prior to the Bid Opening date. Late arriving questions or request for clarifications may not be addressed. 38. PAYMENT IMPORTANT NOTE: Payments by Electronic Funds Transfer: Effective October 1, 2013, ALL payments by the City will be made by Direct Deposit (ACH) via electronic funds transfer. No paper checks will be issued after that date. Vendors must register for direct deposit with the City prior to receiving any payments by providing a "City of Tamarac Consent for Direct Deposit" form (ACH Form) to the City's Financial Services Accounting Division. The form may be accessed on the City of Tamarac web -site at; http://www.tamarac.orp/index.aspx?NID=622. Please contact the Purchasing & Contracts Division at the number shown on this solicitation document herein as the first point of contact for more information. 42 TR 12668 Exhibit 4 of Tamarac Purchasing and Contracts Division COMPANY NAME: (Please Print): Phone: E-MAIL BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. ❑ Carefully read the General Terms & Conditions, Special Conditions and Special Provisions. 2. ❑ Properly fill out the Bid Forms and Schedule of Bid Prices. No other Form of Price Proposal shall be accepted. 3. ❑ Fill out and sign the Non -Collusive Affidavit and have it properly notarized. 4. ❑ Sign the Certification page. Failure to do so may result in your Bid being deemed non -responsive. 5. ❑ Fill out the Bidder's Qualification Statement. 6. ❑ Fill out the References page. 7. ❑ Sign the Vendor Drug Free Workplace Form. 8. ❑ Fill out COMPLETELY the List of Subcontractors. 9. ❑ Include an Original 5% Bid Guaranty. Failure to provide the stipulated bond or guaranty will result in automatic rejection of your bid. After award, Payment and Performance Bonds will be required and must be submitted on the City's forms, included herein. 10. ❑ Fill out and sign the Certified Resolution. 11. ❑ Include Proof of Insurance. 12. ❑ Include current copy of State Certified or County Competency License(s) 13. ❑ Trench Safety Form Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID 43 TR 12668 Exhibit 4 of Tamarac Purchasing and Contracts Division BID FORM BID NO. 15-16B VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT The City of Tamarac is hereby requesting Bids, from qualified Contractors, for the construction of the Veterans Park Boat Dock Installation Project Bid No. 15-16B. The project site is located at Veterans Park, 7825 Southgate Blvd, Tamarac, Florida. The work shall include but not limited to, site preparation work, construction of a new boat dock and its associated work, construction of two shelters, concrete sidewalk improvement, earthwork and restoration work and consists of furnishing all labor, materials, tools, and equipment necessary to complete this project, as indicated in the Special Conditions, Special Provisions, and Scope of Work herein. In order to be considered for award of this project, Contractor must possess at time of bid opening, one of the following State Certified or County Competency licenses; or any license that can meet, exceed, or legally perform the scope of work will be acceptable, as determined by state or county licensing agency. LICENSES State: Certified General Contractor License, defined by F.S. 489.105, plus three (3) years as a full time contractor, having successfully performed a minimum of three (3) verifiable projects of similar size and scope within the last three (3) years, under the same Bidder's Contractor company name. County: Certificate of Competency — Building Contractor plus three (3) years as a full time Building Contractor, having successfully performed a minimum of three (3) verifiable projects of similar size and scope within the last three (3) years, under the same Bidder's Contractor company name. Any and all necessary work outside of the primary Licensed Contractor scope for this project must be performed by a properly licensed and insured subcontractor. Occupational license must be in effect as required by Florida Statute §205.065. We propose to furnish the following items in conformity with the Scope of Work, instructions and provisions of this bid and at the indicated bid prices. Bid prices quoted have been checked to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by the City. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. It is the intent of the City to award this bid based on the Total Base Bid for all bid items. In the event or latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. SCH- i Bid Form & Schedule of Bid Prices TR 12668 Exhibit 4 of Tamarac and Conttacts Division BID SCHEDULE BID NO. 15-16B VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT Bidder, hereby declares that they have carefully examined and understand the Scope of Work and instructions herein, and does hereby agree to furnish all labor, materials, tools, supervision, equipment, and to sustain all expenses incurred in performing the work, including bond & insurance, in strict accordance with the details and specifications which are made a part thereof at the following prices offered by Bidder. In the event of latent mathematical errors, Bidder recognizes these are clerical errors and may be corrected by Owner. Modification of this Bid Form -Bid Schedule, other than the information requesting below, shall not be accepted. ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT COST TOTAL COST 1 Mobilization/Demobilization 1 LS 2 Maintenance of Traffic 1 LS 3 Record Drawings 1 LS 4 Erosion Control 1 LS 5 Site Preparation 1 LS 6 Steel Sheet Piles 88 LF 7 Backfill 1 LS 8 Rip Rap Stabilization 1 LS 9 6" Thick Concrete Sidewalk 70 SY 10 Wood Dock (Complete) 1 LS 11 Concrete Piles 16 EA 12 Seawall Cap 88 LF 13 Type D Concrete Curb 40 LF 14 Aluminum Ladder 2 EA 15 Shelter 2 EA 16 Sod (St. Augustine) 450 SY 17 Indemnification 1 LS 10.00 10.00 TOTAL BID PRICE F" Contractor: Date: SCH-2 Bid Form & Schedule of Bid Prices TR 12668 Exhibit 4 City of Tamarac IPurchasing and Contracts Division BID FORM (continued) BID SCHEDULE BID NO. 15-16B VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT Determination for Award shall be to the lowest responsive/responsible Bidder for the Total Bid Price. *Item No. 1 shall be capped at 5% of the Total Bid. Any amount above 5% for item No. 1 shall be added to Item 2 - Maintenance of Traffic, as not to change the total amount of the bid. Note: Manufacturer's names as may be specified above are for standard of quality, warranty, and compatibility purpose only. Any product that meets finish, warranty, and total system compatibility Contractor desires to offer an "equivalent" pro specifications to the City for review and approval, s City evaluation. The City reserves the right to be t substitute parts, equipment or materials. or exceeds the level of quality, functionality, fit, as determined by City, will be acceptable. If duct, Contractor shall submit comprehensive even (7) calendar days prior to Bid Opening for he sole determination as to "or equal" status of SCH-3 Bid Form & Schedule of Bid Prices TR 12668 Exhibit 4 of Tamarac Purchasing and Contracts Division BID NO. 15-16B VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT Submitted by: THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 Date 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. SCH-4 Bid Form & Schedule of Bic' Prices TR 12668 Exhibit 4 of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO. 15-16B VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Authorized Signature Typed/Printed Name Telephone Fax Company Name Address City, State, ZIP Federal Tax ID Number Email address for above signer (if any) Contractor's License Number SCH-5 Bid Form & Schedule of Bid Prices TR 12668 Exhibit 4 City of Tamarac and Contracts Division BID FORM (continued) BID NO. 15-16B VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT Bidder's Name: TERMS: % (percent discount, if any, if payment made within DAYS; otherwise, terms are NET 30 days. To be considered eligible for award, one (1) original and two (2) copies of this bid form should be submitted with the Bid. One original bid must be submitted at time of bid opening. Copies must be provided within (3) business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. Payments by Electronic Funds Transfer: Effective October 1, 2013, ALL payments by the City will be made by Direct Deposit (ACH) via electronic funds transfer. No paper checks will be issued after that date. Vendors must register for direct deposit with the City prior to receiving any payments by providing a "City of Tamarac Consent for Direct Deposit" form (ACH Form) to the City's Financial Services Accounting Division. The form may be accessed on the City of Tamarac web -site at; http://www.tamarac.org/index.aspx?NID=622 Please contact the Purchasing & Contracts Division at the number shown on this solicitation document herein as the first point of contact for more information. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from City of Tamarac vendor listing. SCH-6 TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division NON -COLLUSIVE AFFIDAVIT State of )ss. County of and says that: being first duly sworn, deposes He/she is the (Owner, Partner, Officer, Representative or Agent) of the Offeror that has submitted the attached Proposal; He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness is 2 Printed Name Title TR 12668 Exhibit 4 of Tamarac Purchasing and Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the day of 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 51 TR 12668 Exhibit 4 of Tamarac. Purchasing and Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation to Bid. Indicate which type of organization below: INDIVIDUAL ❑ If "Other', Explain: Authorized Signature Typed/Printed Name Telephone Fax PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ Company Name Address City, State, ZIP Federal Tax ID Number Email address for above signer (if any) Contractor's License Number IM TR 12668 Exhibit 4 of Tamarac Purchasina and C"Ontracts Division BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company Address City State Zip Telephone Fax Number 1. How many years has your organization been in business under its present name? Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former name(s) has your business operated? List former address(es) of that business (if any). 4. Are you Certified? Yes ❑ No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes ❑ No ❑ If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No ❑ If Yes, explain: 7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer ❑ of the commodities/services bid upon? 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ❑ No ❑ If yes, explain (date, service/project, bid title etc.) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ❑ If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No ❑ If yes, explain: M TR 12668 Exhibit 4 City of Tamarac REFERENCES and Contracts Division Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/E-mail Agency/Firm Name: Address City State Zip Phone/E-mail Contact Name Agency/Firm Name: Address City State Zip Phone/E-mail Contact Name Agency/Firm Name: Address City State Zip Phone/E-mail Contact Name Agency/Firm Name: Address City State Zip Phone/E-mail Contact Name Agency/Firm Name: Address City State Zip Phone/E-mail Contact Name im TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name 55 TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Work to Be Performed % Total Contractor Subcontractor Contract License No. Name/Address M TR 12668 Exhibit 4 of Tamarac CERTIFIED RESOLUTION and Contracts Division I, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. 1 further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE Given under my hand and the Seal of the said corporation this (SEAL) NOTE: in SIGNATURE day of , 20_. Secretary Corporate Title The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 57 TR 12668 Exhibit 4 of Tamarac TRENCH SAFETY FORM Purchasing and Contracts Division; Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: TRENCH SAFETY MEASURE (Description) UNITS OF MEASURE (LF/SF) UNIT (Qty) UNIT COST EXTENDED COST A. $ $ B. $ $ C. $ $ D. $ $ TOTAL $ If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet (5') in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Sub article 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non -responsive. DATE: (Signature) ACKNOWLEDGEMENT STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being duly sworn by me, (Name of individual Signing) affixed his/her signature in the space provided above on this day of , 20_ My Commission Expires: NOTARY PUBLIC m TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division BID BOND STATE OF FLORIDA) )SS: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety, are held and firmly bound unto the City of Tamarac, a municipal corporation of the State of Florida in the penal sum of: Dollars ($ ) lawful money on 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 , 2015, for: Veteran's Park Boat Dock Project - Bid No. 15-16B NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate. (b) If said Bid shall be accepted and the Principal shall properly execute and deliver to said City the appropriate Contract Documents, and shall in all respects fulfill all terms and conditions attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CITY may accept such Bid; and said Surety does hereby waive notice of any extension. n TR 12668 Exhibit 4 City of Tamarac Signed and sealed this IN PRESENCE OF: (AFFIX SEAL) ATTEST: Secretary ATTEST: Secretary *Impress Corporate Seal ACKNOWLEDGEMENT BID BOND day of Purchasing and Contracts Division Principal Business Address City/State/Zip Business Phone Surety* By Title Attorney- In -Fact* By 2015. 131 TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division FORM PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, CONTRACTOR, and, as Principal, hereinafter called as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, 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 entered into a Contract, Bid/Contract/Project No.: awarded the _day of , 2015, with OWNER for which contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: Indemnifies and pays OWNER 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 OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713.01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his 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 he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his 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. z TR 12668 Exhibit 4 City of Tamarac IPurchasing and Contracts Division 2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the Surety's obligation under this Bond. Signed and sealed this day of , 2015. WITNESSES Secretary Principal By (AFFIX SEAL) Signature and Title Type Name and Title signed above WITNESSES Surety Secretary By (AFFIX SEAL) Signature and Title Type Name and Title signed above IN THE PRESENCE OF: INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone 0 TR 12668 Exhibit 4 City of Tamarac ACKNOWLEDGMENT FORM PAYMENT BOND State of County of Purchas na and Contracts Division On this the day of , 2015, before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: , of (Name of Corporate Officer) (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: a (Title) (State of Corporation) NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath CERTIFICATE AS TO 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 signature; and his/her 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. (AFFIX SEAL) (Name of Corporation) z TR 12668 Exhibit 4 City of Tamarac IPurchasing and Contracts Division FORM PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, 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 entered into a Contract, Bid No. 15-16B — Veteran's Park Boat Dock Project awarded the day of 2015, with OWNER for which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR 1. Fully performs the Contract between the CONTRACTOR and the OWNER dated , 20 for the within calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER 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 and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 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. 4.1 Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.2 Complete the Contract in accordance with its terms and conditions; or 64 TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division 4.3 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, 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 OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) ,20 Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above M TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division IN THE PRESENCE OF: INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone m, TR 12668 Exhibit 4 City of Tamarac ACKNOWLEDGMENT FORM PERFORMANCE BOND State of County of and Contracts Division On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: (Name of Corporate Officer) (Title) a (Name of Corporation) (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: of NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 67 TR 12668 Exhibit 4 of Tamarac P I'Chasing and Contracts Division CERTIFICATE AS TO PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Performance Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her 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. (AFFIX SEAL) (Name of Corporation) M. TR 12668 Exhibit 4 City of Tamarac APPLICATION FOR PAYMENT C:nntract Title' Ptirchasinq and Contracts Division Contract/Purchase Order No.: Original Contract Value: Contract Change Order Value: Current Contract Value: Cumulative No. Change Orders: Application for Payment is made, as shown below: 1. Original Contract Sum $ 2. Net Change by Change Orders $ 3. Contract Sum to Date (line 1 (+) or (-) line 2) $ 4. Total Completed and Stored to Date $ 5. Retainage a. % of Completed Work $ b. % of Stored Material $ c. Total Retainage (line 5a + line 5b) $ 6. Total Earned less Retainage (line 4 — line 5c) $ 7. Less Previous Application For Payment (subtract line 6 from prior A.F.P.) $ 8. Current Payment Due $ 9. Balance to Finish, plus Retainage (line 3 — line 6) $ Submitted by: Date: Contractor Approved for Payment Date Project Manager r� TR 12668 Exhibit 4 City of Temarac DATE OF ISSUANCE: OWNER: CITY OF TAMARAC 7525 NW 88th Avenue Tamarac, FL 33321-2401 CONTRACTOR Purchasing and Contracts Division CHANGE ORDER CHANGE ORDER NO. PROJECT NAME: PROJECT NO. P.O. NUMBER IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS: DESCRIPTION: PURPOSE OF CHANGE ORDER: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Time Previous Change Order No. to No. Net change from previous change orders Contract Price prior to this Change Order Contract Time prior to this Change Order Net (Increase) of this Change Order Net (Increase) of this Change Order Contract Price with all approved Change Orders Contract Time with all approved Change Orders RECOMMENDED APPROVED APPROVED BY BY BY Director City Manager Contractor Date Date Date TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division FINAL RELEASE OF LIEN BY CONTRACTOR STATE OF COUNTY OF The undersigned contractor, under a certain contract with the City of Tamarac, dated , 20_, in connection with the following public work: PROJECT: VETERAN'S PARK BOAT DOCK PROJECT, CONTRACT BID NO. 15-16B does hereby acknowledge receipt of the full contract price of $ , as modified by change order, addenda, etc., and hereby releases and discharges all liens, lien rights, claims or demands of any kind whatsoever which the undersigned contractor now has or might have against the City of Tamarac arising out of said contract or in connection with the aforesaid public improvement. That all claims, liens or other entitlements for labor, services, materials or supplies furnished, in connection with the aforesaid improvement have been fully paid. That an affidavit on behalf of the contractor, signed by I has been furnished to the City of Tamarac, as well as final releases of lien executed by all materialmen and subcontractor regardless of their tier. IN WITNESS WHEREOF, the contractor has caused this release to be executed in its name and under its seal by its proper officers, this day of )2015. Signed, Sealed and Delivered in the Presence of: Contractor Corporate Secretary Signature President Signature Type Name Type Name 71 TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division ACKNOWLEDGMENT FINAL RELEASE OF LIEN State of Florida County of Broward On this the day of 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath a TR 12668 Exhibit 4 of Tamarac SAMPLE FORM AGREEMENT BETWEEN THE CITY OF TAMARAC AND and Contracts Division THIS AGREEMENT is made and entered into this day of , 20_ by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and a Florida corporation with principal offices located at (the "Contractor") for the VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The Contract Documents consist of this Agreement, Bid Document No. 15-16B, Veteran's Park Boat Dock Project, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid No. 15- 16B as issued by City, and Contractor's Proposal, Bid No. 15-16B as issued by City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other Contract Document, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the scope of work, as outlined in the contract documents. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. Agreement ! 1. ' TR 12668 Exhibit 4 o Tamarac Purchasinq and Contracts Division 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager Certificates of all Insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's General Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion 4.1 The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Notice to Proceed. The work shall be completed within 150 calendar days from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. The work under this agreement shall be substantially complete (i.e. Substantial Completion) within 120 calendar days from issuance of the City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. Final Completion shall be within 30 calendar days from the date of substantial completion, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, substantial completion shall mean the project is sufficiently complete in accordance with the 74 Agreement TR 12668 Exhibit 4 of Tamarac Purchasina and Contracts Division Contract Documents so that the project can be occupied or used for its intended use, void of any safety concerns. For the purposes of this Agreement, final completion shall mean the issuance of final payment. 4.2 During the pre -construction portion of the work hereunder, the parties agree to work diligently and in good faith in performing their obligations hereunder, so that all required permits for the construction portion of the work may be obtained by Contractor in accordance with the Schedule included in the Contract Documents. In the event that any delays in the pre -construction or construction portion of the work occur, despite diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of time for substantial completion hereunder and any resulting increase in general condition cost. 5) Contract Sum The Contract Sum for the above work is Dollars and cents ($ ). 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. Retainage of ten percent (10%) will be deducted from monthly payments until 50% of project is complete. Retainage will be reduced to five percent (5%) thereafter. Retainage monies will be released upon satisfactory completion and final inspection of work. Invoices must bear project name, project number and bid P.O. number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. Contractor shall invoice the City and provide a written request to City to commence the one (1) year warranty period. All necessary Releases of Liens and Affidavits and approval of Final Payments shall be processed before warranty period begins. All payments shall be governed by Florida Prompt Payment Act, F.S., Part VII, Chapter 218. City desires to be able to make payments utilizing City's Visa Procurement Card as a means of expediting payments. It is highly desirable that the successful proposer have the capability to accept a Visa Procurement/Credit card as a means of payment. 7) Remedies 7.1 Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 7.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance ,agreement TR 12668 Exhibit 4 of Tamarac and Contracts Division without additional cost to the City, and / or replace any personnel who fail to perform in accordance with the requirements of this Agreement. The City shall be the sole judge of non-conformance and the quality of workmanship. 8) Change Orders 8.1 Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to a change order until the change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. All Change Orders shall include overhead and profit, not to exceed five percent (5%) and five percent (5%) respectively. 8.2 The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at Contractor's expense without change in the Contract Price or Time except as approved in writing by the City. 8.3 The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the City allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 8.4 The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 8.5 Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party no later than fifteen (15) days after the occurrence of the event giving rise to the claim. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 8.6 Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for Agreement TR 12668 Exhibit 4 of Tamarac Purchasing and Contracts Division delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 8.7 In the event satisfactory adjustment cannot be reached by City and Contractor for any item requiring a change in the contract, and a change order has not been issued, City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a Guaranteed Maximum Price by City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the City. 9) No Damages for Delays ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THE AGREEMENT, EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase in the construction cost 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, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for hindrances or delays due solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's employees, or separate contractors employed by the City, or by changes ordered in the Work, or by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased by Change Order in order to equitably increase the general conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control, or by other causes which the City and Contractor agree may justify delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting Agreement TR 12668 Exhibit 4 of Tamarac Purchasing and Contracts Division delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. 10) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. 11) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of final payment and as additionally provided for in the contract documents. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The 'warranty period does not begin until approval of final payment for the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original bid. 12) Indemnification 12.1 Contractor shall indemnify and hold harmless City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though claim may be made after the termination hereof. 12.2 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 13) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its sub -contractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, 78 Agreement TR 12668 Exhibit 4 of Tamarac Purchasing and Contracts Division political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its sub -contractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its sub -contractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all sub -contractors, if any, will be made aware of and will comply with this nondiscrimination clause. 14) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 15) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 16) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by 79 Agreement TR 12668 Exhibit 4 City of Tamarac and Contracts Division U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR 17) Termination 17.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 17.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 18) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Agreement TR 12668 Exhibit 4 of Tamarac 19) Venue Purchasing and Contracts Division This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 20) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 21) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 22) Uncontrollable Circumstances 22.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 22.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 23) Merger; Amendment Agreement TR 12668 Exhibit 4 of Tamarac IPurcfmsin,tf and Contracts Division This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 24) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 25) Contingent Fees Contractor warrants it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 26) Public Records 26.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 26.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 26.1.2 Provide the public with access to such public records on the same terms s that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 26.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 26.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 26.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City Agreement TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts t�tvis%on shall enforce the Default in accordance with the provisions set forth in Article 17, "Termination", herein. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President duly authorized to execute same. ATTEST: Patricia A. Teufel, CIVIC City Clerk Date ATTEST: CITY OF TAMARAC Harry Dressler, Mayor Date Michael C. Cernech, City Manager Date Approved as to form and legal sufficiency: City Attorney Date Company Name Signature of Corporate Secretary Signature of President Agreement TR 12668 Exhibit 4 City of Tamarac Purchasing and Contracts Division Type/Print Name of Corporate Secy. Type/Print Name of President (CORPORATE SEAL) Date 84 Agreement ! I i 11.1 U 'I TR 12668 Exhibit 4 li l of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , President, , a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this _ day of , 20_ Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. TR 12668 Exhibit 4 CITY OF TAMARAC TECHNICAL SPECIFICATIONS FOR VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT BID NO. 15-16B May, 2015 Prepared by: Stantec Consulting Services, Inc. 21301 Powerline Rd. Suite 311 Boca Raton, FL 33433 Tel. (561) 487-3379 / Fax (561) 487-3466 Stantec Project No.: 216711867 TR 12668 Exhibit 4 TABLE OF CONTENTS SECTION 01010 SUMMARY OF WORK 01015 GENERAL REQUIREMENTS 01025 MEASUREMENT & PAYMENT 01039 COORDINATION & MEETINGS 01045 CUTTING AND PATCHING 01050 FIELD ENGINEERING 01070 APPLICABLE STANDARD AND CODES 01310 CONSTRUCTION SCHEDULES 01340 SUBMITTALS AND SUBSTITUTIONS 01370 SCHEDULE OF VALUES 01505 CONTROL OF WORK 01510 TEMPORARY UTILITIES 01511 PROTECTION OF EXISTING FACILITIES 01520 CONSTRUCTION AIDS 01530 BARRIERS 01560 TEMPORARY CONTROLS 01570 TRAFFIC REGULATION 01600 MATERIALS AND EQUIPMENT 01700 PROJECT CLOSE OUT 01720 PROJECT RECORD DOCUMENTS 02010 SUBSURFACE INVESTIGATION 02050 DEMOLITION 02100 SITE PREPARATION 02151 SHORING AND BRACING OF EXCAVATIONS 02211 ROCK AND BOULDER EXCAVATION 02220 STRUCTURAL EXCAVATION, BACKFILL & COMPACTION 02276 TEMPORARY EROSION AND SEDIMENTATION CONTROL 02300 EARTHWORK 02370 RIP RAP SYSTEM 02481 CANAL MAINTENANCE 02510 WALKWAYS TR 12668 Exhibit 4 02520 CONCRETE CURBS AND HEADERS 02931 SODDING 02950 LANDSCAPE SPECIFICATIONS 03300 CAST -IN PLACE CONCRETE 05511 ALUMINUM LADDERS 316216 STEEL SHEET PILES TR 12668 Exhibit 4 SECTION 01010 SUMMARY OF WORK PART GENERAL 1.01 LOCATION OF WORK A. Work is located in the City of Tamarac at Veterans Park off University Drive & South Gate Blvd 1.02 WORK TO BE PERFORMED A. The Work to be performed under this Contract shall consist of providing equipment, materials, supplies, and manufactured articles; and for furnishing transportation and services, including fuel, power, water, and essential communications; and for the performance of labor, work, or other operations in strict accordance with the Contract Documents. B. Wherever the Contract Documents address a third party, i.e., subcontractor, manufacturer, vendor, etc., it is to be considered as the Contractor through the third party. C. Wherever a reference to number of days is noted, it shall mean calendar days. 1.03 GENERAL DESCRIPTION OF CONTRACT A. Constructing proposed picnic Shelters. B. Constructing proposed dock with all associated structural components. C. Installation of Geotextile filter fabric with rip -rap D. Excavation and dredging existing canal. E. Reconstruct landscaping and irrigation damaged or removed during construction. F. Demolition and removal of existing asphalt & walkway. 1.04 SEQUENCE OF CONSTRUCTION A. Following receipt of Notice to Proceed with the Work, the Contractor shall notify the Engineer and the City at least five days before he is ready to start actual construction to allow the City time to make arrangements for inspection of the Work. B. Work under the Contract shall be scheduled and performed in such a manner as to result in the least possible disruption to the operation of the canal. C. Submit a sequence of construction schedule for the entire project. TR 12668 Exhibit 4 D. Cancellation of Planned Shutdown: A planned shutdown in accordance with the above described procedures may be cancelled by the City upon 24-hour notification by the City/Engineer to the Contractor. Such cancellation shall be expected due to wet weather conditions or other conditions beyond the control of the City, Engineer, or Contractor. All efforts shall be taken to check weather forecasts and the like prior to scheduling shutdowns. However, if a cancellation must occur, the City shall not be responsible for any additional costs associated with mobilization and demobilization. 1.05 ABANDONMENT AND SALVAGE OF EXISTING FACILITIES Not used 1.06 REHABILITATION A. Areas of the walkways and the like will be affected by work necessary to complete this Contract. The Contractor shall be responsible to rehabilitate those areas affected by its construction activities. B. Disposal of Debris: All debris, materials, and miscellaneous waste products from the Work described in the section shall be removed from the project as soon as possible. They shall be disposed of in accordance with applicable federal, state, and local regulations. The Contractor is responsible for determining these regulations and shall bear all costs or retain any profit associated with disposal of these items. 1.07 CONTRACTOR USE OF PROJECT SITE A. The Contractor's use of the project site shall be limited to its construction operations, including on -site storage of materials, on -site fabrication facilities, and field offices, as noted on the Contract Drawings. 1.08 CITY USE OF THE PROJECT SITE A. The City may utilize part of the existing facilities during the entire period of construction for the conduct of the City's normal operations. The Contractor shall cooperate with the City to minimize interference with the Contractor's operations and to facilitate the City's operations. 1.09 COORDINATION WITH OTHER CONTRACTS A. Coordinate work with that of other Contractors on site. 1.10 PARTIAL UTILIZATION OF THE WORK BY THE CITY A. The Contractor is hereby advised that the City may accept the responsibility for the maintenance and protection of a specific portion of the Project if utilized prior to Completion. However, the Contractor shall retain full responsibility for satisfactory completion of the project. TR 12668 Exhibit 4 1.12 PERMITS A. It shall be the Contractor's responsibility to secure all permits required to complete the work under this contract, except permits obtained by the City. B. No separate or direct payment will be made to the Contractor for permits and inspection requirements, but all such costs shall be included in the bid proposal. The City will furnish signed and sealed sets of Contract Documents for permit use as required. 1.13 FIELD ENGINEERING A. The Contractor shall employ a Land Surveyor registered in the State of Florida and acceptable to the Engineer. The Contactor shall locate and protect survey control and reference points. B. Provide Field Engineering Services: Establish elevations, lines, and levels, utilizing recognized engineering survey practices. C. Submit a copy of registered site drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. 1.14 DIMENSIONS AND LOCATIONS OF EXISTING CANAL EMBANKMENT AND SLOPE A. Where the dimensions and locations of existing canal embankment, and slope are of critical importance in the installation or connection of new work, the Contractor shall verify such dimensions and locations in the field before the fabrication of any materials or equipment which is dependent on the correctness of such information. 1.15 COORDINATION WITH FLORIDA POWER & LIGHT A. Coordinate the modifications and additions to the electrical power such that FP&L will perform the work on their facilities. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION TR 12668 Exhibit 4 SECTION 01015 GENERAL REQUIREMENTS PART 1 - GENERAL 1.01 RELATED REQUIREMENTS A. General provisions of Contract, including General and Supplementary Conditions. B. Requirements for determining completed Work - Section 01025. 1.02 PROJECT DESCRIPTION A. Construction of a new boat dock & two picnic shelters. 1.03 CONTRACTOR USE OF PREMISES A. Contractor shall have full use of canal for construction operations, including use of the Park site. The Contractor's use of the premises is limited only by the Owner's right to perform construction operations with its own forces or to employ separate contractors on portions of the project. B. Access to the work site shall be through the Veterans Park. C. The Contractor shall be responsible for coordinating his daily activities in conjunction with any Contractors presently working within the vicinity of this project. D. Confine operations to areas within rights -of -way and easements. E. Keep existing driveways and entrances serving the premises clear and available to the public and city employees 1. Do not use these areas for parking or storage of materials. 2. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on site. F. Do not dispose of organic and hazardous material on site, either by burial or by burning. 1.04 ENVIRONMENTAL PROTECTION A. Provide protection, operate temporary facilities and conduct construction in ways and by methods that comply with environmental regulations, and minimize the possibility that air, waterways and subsoil might be contaminated or polluted, or that other undesirable effects might result. 1.05 SUBMITTALS A. General: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. TR 12668 Exhibit 4 B. Progress Schedule: Fully developed, horizontal bar chart type Contractor's construction schedule. Revise the schedule after each meeting or activity, where revisions have been recognized or made. Issue updated schedules monthly. 1. Each station shall be a separate activity C. Daily Construction Report: Record of construction activities, on -site work force and equipment including progress and events at the site; submit two (2) copies to the Engineer at weekly intervals. D. Shop Drawings: Newly prepared information, drawn to accurate scale. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project is not acceptable. 1. Shop Drawings shall include fabrication and installation drawings, setting diagrams, schedules, patterns, templates and similar drawings. 2. Do not use Shop Drawings without an appropriate final stamp indicating action taken in connection with construction. E. Product Data: Collect into a single submittal for each element of construction or system. Includes printed information such as manufacture's installation instructions, catalog cuts, standard color charts, roughing -in diagrams and templates, standard wiring diagrams and performance curves. F. Samples: Full size, fully fabricated samples cured and finished as specified and physically identical with the material or product proposed. G. Submit shop drawings/product data for each item to be incorporated in the project. 1.06 QUALITY CONTROL A. The Contractor shall provide inspections, tests and similar quality control services, specified in individual Specification Sections and required by governing authorities, except where they are specifically indicated to be the Owner's responsibility, or are provided by another identified entity. 1. Costs for these services shall be included in the Contract Sum. 2. The Owner will engage and pay for the services of an independent agency to perform inspections and tests specified as the Owner's responsibility. B. The Contractor is responsible for and shall pay costs of retesting when required by Engineer or Owner and of additional testing needed or required by the Contractor. C. The Contractor shall pay costs for additional trips to the project by the agency when scheduled times for tests and inspections are canceled and agency is not notified sufficiently in advance of cancellation to avoid the trip. 1.07 MATERIAL AND EQUIPMENT A. Substitutions: After Bidding period, up to 30 days after date of Notice to Proceed, the Engineer will consider written requests from Contractor for proposed substitutions of products. Subsequent requests will only be considered when proof is given to the Engineer of product unavailability or other condition beyond control of the Contractor. Submit a separate request for each proposed substitution; two (2) copies each on the Substitution Request (SR) available from the Engineer. TR 12668 Exhibit 4 1. Do not order or install substitute products without written acceptance from the - Engineer. 2. Do not imply or indicate substitutions on shop drawings or product data submittals without a separate formal request. 3. Engineer will determine acceptability of substitution. 4. Only one request for substitution for each product will be considered. If not accepted, Contractor shall provide specified product. B. Product selection is governed by the Contract Documents and governing regulations, not by previous project experience. 1. Where a single or multiple products or manufacturers are named, provide one of the products indicated or submit a request for substitution for any product or manufacturer not named. 2. Where the Specifications only require compliance with performance requirements, an imposed code, standard or regulation, select a product that complies with the requirements, standards, codes or regulations specified. 3. Manufacturers named in a Specification section are those manufacturers considered capable of manufacturing products conforming to the specified requirements. The naming of a particular manufacturer does not imply acceptance or approval of just any standard product of that manufacturer. 4. The City reserves the right to remove or have removed any installation material which is not approved by the Engineer. The total cost for such replacement shall be borne by the Contractor. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) I: 1�Iexela0 to]INlr TR 12668 Exhibit 4 SECTION 01025 MEASUREMENT AND PAYMENT PART 1- GENERAL 1.01 DESCRIPTION A. The Contractor shall receive and accept the compensation provided in the Proposal as full payment for furnishing all materials, labor, tools and equipment, for performing all operations necessary to complete the work under the Contract, and for full payment for loss or damages arising from the nature of the Work, or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the final acceptance by the Owner. B. The prices stated in the Proposal include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the Work as shown on the Contract Drawings and specified herein. The basis of payment for an item in the amount shown in the Proposal shall be in accordance with the contract documents. C. The Contractor is reminded that quotations for items of work are intended to establish a total price for completing the Work in its entirety. Should the Contractor feel that the cost for any item of work has not been established by the Bid Form or Payment Items, the Contractor shall include the cost for that work in another applicable bid item, in order that the Proposal for the project reflects the total price to be paid by the Owner for completing the Work in its entirety. D. Changes in Contract Price and Time require prior authorization in writing from the Owner, in the form of a Change Order or Work Change Directive. The Contractor is responsible for verification of all bid quantities and to report to the Owner any discrepancies found prior to ordering materials and/or equipment for construction. Refer to General Conditions. 1.02 MEASUREMENT A. Measurement for Payment for this Project will be based upon completion of the Work in accordance with drawings and specifications. Field measurements will determine the percent complete of work components when listed on the approved Schedule of Values. Measurements will be made using linear, area, weight, or volumetric units, as listed on the Bid Proposal Form and at the Owner's/Engineer's sole discretion for lump sum items. B. Take measurements and compute quantities. The Owner will verify measurements and quantities. C. Assist by providing necessary equipment, workers, and survey personnel as required. TR 12668 Exhibit 4 1 ' _yJ►TJ1:4ilk MMZJlJ> A. Basis of Payment for Lump Sum Items: Payment for lump sum pay items of this Project will be made at the lump sum price named in the Contract (Bid Schedule). The price shall constitute full compensation for each item, including all required labor, Products, tools, equipment, plant, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit as required to complete the item as indicated in the Contract Drawings and specifications. B. Basis of Payment for Unit Price Items: 1. Quantities indicated in the Bid Proposal Form (Bid Schedule) are for bidding and contract purposes only. Quantities and measurements supplied or placed in the Work and verified by the Engineer determine payment. 2. If the actual Work requires more or fewer quantities than those quantities indicated, provide the required quantities at the unit prices contracted. 3. If the actual Work requires a fifty percent (50%) or greater change in quantity than those quantities indicated, the Owner or Contractor may claim for a Contract Price adjustment for that item. C. Schedule of Values: 1. Submit a printed schedule on EJCDC 1910-8-E or on Contractor's standard form in electronic media printout for review and approval by the Engineer per Section 01340, Submittals and Substitutions. 2. A Schedule of Values shall be approved prior to the first Payment Application. 3. Lump sum items shall have adequate breakdown of components to facilitate evaluating completeness for payment. Breakdown components shall appear directly under the payment item heading to which they apply. 4. Revise schedule to list approved Change Orders, with each Application for Payment. D. Progress Payments: 1. Progress payments will be made for completed work components listed separately in the approved Schedule of Values. Payments for work in progress shall not constitute acceptance of the work component, the work item, or the Bid Item. 2. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities accepted by the Owner/Engineer multiplied by the unit price for the item. Final payment for unit price Work will be accomplished by reconciliation Change Order to adjust quantities, to be prepared at the end of the Project. 3. No payment, partial or complete, will be made for defective or rejected Work. E. No Separate Payment Allowed: No separate payment will be made for additional labor and materials required for accomplishing the Project in its entirety. All labor, materials and incidental costs shall be included for payment as part of the Proposal and the Contract. TR 12668 Exhibit 4 1- �11:14019aTA1101=3 A. Replace the Work, or portions of the Work, not conforming to specified requirements. B. If, in the opinion of the Engineer or the Owner, it is not practical to remove and replace the Work, the Owner will direct one of the following remedies: 1. The defective Work may remain, but the unit or lump sum price for the item will be adjusted to a new price. The adjustment will be performed at the sole discretion of the Owner. The determination for the adjustment will be decided by the Engineer. 2. The defective Work will be partially repaired to the requirements of the Engineer, and the unit or lump sum price will be adjusted to a new price at the sole discretion of the Owner. The determination for the adjustment will be decided by the Owner. C. Individual specification sections may modify these options or may identify a specific formula or percentage sum/price reduction. D. Authority of the Owner to assess the defect and identify payment adjustment is final. E. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products damaged in transit, during handling, due to improper storage. 4. Products not completely unloaded from the transporting vehicle. 5. Products remaining on hand after completion of the Work. 6. Removing, demolishing and disposing of rejected Work. 7. Loading, hauling, and disposing of rejected Products. PART 2 — PRODUCTS Not Used. PART 3 — EXECUTION 3.01 — MOBILIZATION — Bid Item No.1 A. Payment for mobilization shall be a Lump Sum. Lump sum amount includes payment for mobilization and demobilization, demolition and disposal of existing canal material, full cost of providing and maintaining all performance, payment, maintenance and warranty bonds, insurance and all required construction permits. Lump sum shall also include full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to complete this item. B. The work includes, but not limited to, movement of personnel, equipment, supplies and incidentals to the project site, Contractor's temporary office, safety equipment, first aid supplies, sanitary and other facilities as required by State and local laws and regulations, project signs, and lay down storage areas. TR 12668 Exhibit 4 3.02 — MAINTENANCE OF TRAFFIC — Bid Item No.2 A. Payment for traffic regulation shall be a lump sum. Lump sum amount shall include compensation for all labor, materials and equipment necessary to keep roadways and property accesses in services during construction activities in accordance with the contract document and other governing agencies specification and regulations. MOT is lump sum amount paid per the following schedule: 5% Completion 25% Pay 25% Completion 50% Pay 50% Completion 75% Pay 75% Completion 100% Pay 3.03 — RECORD DRAWING — Bid Item No. 3 A. Payment for providing as -built drawings shall be a lump sum and made at the calculated percentage of the construction completion which will constitute full compensation for all such as -built records drawings complete, including but not limited to all work as specified herein Sections 01050 — Field Engineering and 01720 — Project Record Documents. 3.04 —EROSION CONTROL- Bid Item No. 4 A. Payment for installation and maintenance of the temporary erosion control shall be a lump sum includes all labor, equipment and materials necessary to install and maintain the SWPPP, NPDES and erosion control devices during all construction activities as shown on the plans and specifications herein and in accordance with all Federal, State, County, and City regulations. 3.05 - SITE PREPARATION— Bid Item No. 5 A. Payment for Site Preparation shall be a lump sum includes all labor, materials and equipment to remove and dispose of all bushes, trees, stumps, roots, debris and other protruding objects such as existing structures, drainage pipes, culvert, concrete and asphalt pavements. It also includes surface and subsurface investigation, shoring and bracing for excavation, de -mucking, surveys, miscellaneous repairs, clearing and grubbing, cutting and patching, demolition, and temp chain link fence installation and restoration work. 3.06 — STEEL SHEET PILES — Bid Item No.6 A. Payment for Sheet piles shall be by linear foot installed includes all labor, material and equipment necessary to complete steel sheet pile installation including excavation and backfilling, dispose of excess materials, wale beams, tie -rods, anchor plates, grout, weep holes and accessories included in the installation of the steel sheet piles as shown on the plans and specifications herein. Work also includes compaction of fill material, protection of adjacent properties and materials that are to remain and disposal of all unsuitable materials to be removed from site. 3.07 — BACKFILL/MATERIAL COMPACTION & EXCAVATION — Bid Item No. 7 A. Payment for backfilling shall be a lump sum Backfilling shall include all labor, material, equipment and incidentals necessary to backfill the areas as shown on the plans, as specified herein and as directed by the Owner/ Engineer, including but not limited to TR 12668 Exhibit 4 excavation, filling with suitable materials, grading, testing, providing access to the Owner/Engineer at all time, maintaining traffic control, cleaning the site of the work location, protection of structures, trees, shrubs and other incidentals required to complete the work. 3.08 — RIP RAP STABILIZATION — Bid Item No. 8 A. Payment for rip rap installation shall be a lump sum for each site. The work includes all labor, material and equipment necessary to install rip -rap stabilization as needed and in accordance with the project design plans. B. The lump sum price for each site shall also include full compensation for all materials, labor, equipment, tools, and all other incidentals necessary for excavation, bedding, disposal of excess materials, backfill, geotextile fabric, grout and rip rap materials to complete the rip -rap stabilization in accordance with the project design plans and City, County and State specification. 3.09 — CONCRETE SIDEWALK — (6" Thick) Bid Item No. 9 A. Payment for installation and/or replacement of concrete sidewalk shall be paid per square yard for full area as shown on the plans. Installation includes all labor, material and equipment for the earthwork, clearing and grubbing, liquid applied ADA detectable warnings, removal of existing sidewalks, preparation, compaction, testing, backfill, finish and placement of 3000 psi concrete with 5 ft. spaced grooves in accordance with the details as shown on the plans and specifications herein. 3.10 — WOOD DOCK (COMPLETE) — Bid Item No.10 A. Payment for Wood dock shall be a lump sum includes all work necessary to complete installation including decking, stringers, joists and finish as shown on the plans and specifications herein. Work also includes installation of all hardware and connections necessary to build proposed dock. Cleats are included in this pay item. B. The lump sum shall also include full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to complete this item. 3.11 — CONCRETE PILES — Bid Item No.11 A. Payment for Concrete piles shall be by each pile to be installed as per the plans and specifications. The work includes but not limited to provide all labor, material and equipment necessary to install the concrete piles as shown on the project design plans and specification herein. Work shall include excavation, pile driving, bedding, cutting / coring of piles. Piling caps are included in this pay item. 3.12 — SEAWALL CAP — Bid Item No.12 A. Payment for seawall cap shall be by linear foot installed as per the plans and specifications. The work includes but not limited to provide all labor, material and equipment necessary to install the as shown on the project design plans and specification herein. Work shall include formwork, bond placement of concrete, steel reinforcement application of curing compound, removal of formwork and restoration of adjacent property. TR 12668 Exhibit 4 3.13 — TYPE "D" CURB — Bid Item No. 13 A. Payment for installation and/or replacement of concrete curb shall be paid per linear foot as shown on the plans. Installation includes all labor, material and equipment for the earthwork, clearing and grubbing, removal of existing curb, preparation, compaction, testing, backfill, finish and placement of 3000 psi concrete in accordance with the details as shown on the plans and specifications herein. 3.14 — ALUMINUM LADDER — Bid Item No. 14 A. Payment for furnishing & installation of aluminum ladder shall be by each aluminum ladder as specified in drawings and specifications. The work includes but not limited to providing all labor, material and equipment necessary to install the aluminum ladder as shown on the project design plans. Work shall include all other incidentals necessary to complete this item. 3.15 —PICNIC SHELTERS— Bid Item No. 15 A. Payment for furnishing & installation of two picnic shelters shall be by each shelter as specified on the design plans. The work includes but not limited to provide all labor, material and equipment necessary to install the shelter as shown on the project design plans and in accordance with the manufacturer recommendation. Work shall include all foundations, concrete slab work, framing, roofing, and all other incidentals necessary to complete this item. 3.16 — SOD (St. Augustine) — Bid Item No.16 A. Payment for sod shall be by square yard installed and complete in accordance with the projects design plans and City Standards. The work includes but not limited to provide all labor, material and equipment necessary to prepare, fine grading, placing, restoring, fertilizing, watering and maintaining the completion of the work as shown on the project design plans and specification herein. The maintenance period shall be a minimum of 90 days or as stipulated by the City. B. Work shall also include cutting and capping of existing irrigation pipes as required. Contractor shall coordinate all work with City staff to insure irrigation service is shut off during construction. 3.17 — CONSIDERATION FOR INDEMNIFICATION — Bid Item No. 17 A. In recognition of Contractor's indemnification obligations, the City will pay to the Contractor the specific consideration of ten dollars ($10.00). Payment of said specific consideration shall be made at the time of the payment of the first progress payment and the Contractor shall acknowledge payment of this consideration by letter to the City after receipt of the progress payment. END OF SECTION TR 12668 Exhibit 4 SECTION 01039 COORDINATION AND MEETINGS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Coordination and Project Conditions B. Field Engineering C. Preconstruction Meeting D. Progress Meetings 1.02 COORDINATION AND PROJECT CONDITIONS A. Coordinate scheduling, submittals, and Work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements. B. Verify utility requirements and characteristics of operating equipment are compatible with building utilities. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. Coordinate work with Owner operations. C. Coordinate space requirements, supports, and installation of mechanical and electrical Work which are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. Obtain Owner acceptance of conduit runs and alignments prior to installation. D. In finished areas, except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. E. Coordinate completion and clean-up of Work of separate sections in preparation for Substantial Completion and for portions of Work designated for Owner's partial occupancy. F. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. 1.03 FIELD ENGINEERING A. Employ a Land Surveyor registered in the State of Florida and acceptable to Engineer. B. Contractor shall protect survey control and reference points. TR 12668 Exhibit 4 C. Control datum for survey is that established by Owner provided survey. D. Verify set -backs and easements; confirm drawing dimensions and elevations E. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. F. Submit a copy of site drawing and certificate signed and sealed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. 1.04 PRE -CONSTRUCTION MEETING A. Engineer will schedule a meeting after Notice of Award. B. Attendance Required: Owner, Engineer, Contractor, Contractor Superintendent, and major sub -contractors & SFWMD representative. C. Agenda: 1. Execution of Owner -Contractor Agreement 2. Submission of Executed Bonds and Insurance Certificates 3. Distribution of Contract Documents 4. Submission of List of Subcontractors, List of Products, Schedule of Values, and Progress Schedule 5. Designation of Personnel Representing the Parties in Contract, Utilities, and the Engineer 6. Procedures and Processing Of Field Decisions, Submittals, Substitutions, Applications for Payments, Proposal Request, Change Orders, and Contract Closeout Procedures 7. Scheduling, Sequence Of Work 8. Use of Premises by Owner and Contractor 9. Owner's Requirements and Partial Occupancy 10. Construction Facilities and Controls Provided By Owner 11. Temporary Utilities Provided By Owner 12. Security and Housekeeping Procedures 13. Application for Payment Procedures 14. Procedures for Testing 15. Requirements for Start -Up of Equipment 16. Inspection and Acceptance of Equipment Put into Service During Construction Period D. Record minutes and distribute copies within 5-days after meeting to participants and those affected by decisions made, with two copies to Engineer. 1.05 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at maximum bimonthly intervals. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings. TR 12668 Exhibit 4 C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner, Engineer, as appropriate to agenda topics for each meeting. D. Agenda: 1. Review Minutes of Previous Meetings 2. Review of Work Progress 3. Field Observations, Problems, and Decisions 4. Identification Of Problems Which Impede Planned Progress 5. Review of Submittals Schedule and Status of Submittals 6. Review of Off -Site Fabrication and Delivery Schedules 7. Maintenance of Progress Schedule 8. Corrective Measures to Regain Projected Schedules 9. Planned Progress During Succeeding Work Period 10. Coordination of Projected Progress 11. Maintenance of Quality and Work Standards 12. Effect of Proposed Changes on Progress Schedule and Coordination 13. Other Business Relating To Work E. Record minutes and distribute copies within 3-days after meeting to participants, and those affected by decisions made. PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) END OF SECTION TR 12668 Exhibit 4 SECTION 01045 CUTTING AND PATCHING PART1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 1 Specification sections, apply to the work specified in this Section. 1.02 REQUIREMENTS INCLUDED A. All necessary cutting, coring, drilling, grouting, and patching to fit together the several parts of the work will be done by the Contractor, except as may be specifically noted otherwise under any particular section of the specifications. B. Definition: Cutting and Patching includes cutting into existing construction to provide for the installation or performance of other work and subsequent fitting and patching required to restore surfaces to their original condition. Cutting and Patching is performed to uncover work for access or inspection, to obtain samples for testing, to permit alterations to be performed or for other similar purposes. 1.03 QUALITY ASSURANCE A. Requirements for Structural Work: Do not cut and patch structural work in away that would result in a reduction of load -carrying capacity or of a load -deflection ratio. B. Visual Requirements: Do not cut and patch work, in a way that would result in reducing the strength of structures. Do not cut and patch work in a manner that would result in substantial visual evidence. Remove and replace work judged by the Owner to be cut and patched in a visually unsatisfactory manner. 1.04 SUBMITTALS A. Procedure for Cutting and Patching: Where prior approval of cutting and patching is required, submit procedures for this work well in advance of the time work will be performed and request approval to proceed. Include the following information, as applicable, in the submittal: 1. Describe nature of the work and how it is to be performed, indicating why cutting and patching cannot be avoided. Describe anticipated results of the work operation and visual changes as well as other significant elements. 2. List products to be used and firms that will perform work. 3. Give dates when work is expected to be performed. B. Approval by Owner to proceed with cutting and patching work does not waive the Owner's right to later require complete removal and replacement of work found to be cut and patched in an unsatisfactory manner. TR 12668 Exhibit 4 PART 2 PRODUCTS 2.01 MATERIALS A. Except as otherwise indicated, or as directed by the Owner, use materials for cutting and patching that are identical to existing materials. If identical materials are not available, or cannot be used, use materials that match existing adjacent surfaces to the fullest extent possible. Use material for cutting and patching that will result in equal -or -better performance characteristics. PART 3 EXECUTION 3.01 INSPECTION A. Before cutting, examine the surfaces to be cut and patched and the conditions under which the work is to be performed. If unsafe or otherwise unsatisfactory conditions are encountered, take corrective action before proceeding with the work. B. Before the start of cutting work, meet at the work site with all parties involved in cutting the patching. Review areas of potential interference and conflict between the various trades. Coordinate layout of the work and resolve potential conflicts before proceeding with the work. 3.02 PREPARATION A. Temporary Support: To prevent failure, provide temporary support of work to be cut. B. Protection: Protect other work during cutting and patching to prevent damage. Provide protection from adverse weather conditions for that part of the project that may be exposed during cutting and patching operations. 1. Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. 3.03 PERFORMANCE A. Employ skilled workman to perform cutting and patching work. Except as otherwise indicated or as approved by the Owner, proceed with cutting and patching at the earliest feasible time and complete work without delay. B. Cut the work using methods that are least likely to damage work to be retained or adjoining work. 1. In general, where cutting is required use hand or small power tools designed for sawing or grinding, not hammering and chopping. Cut holes and slots neatly to size required with minimum disturbance of adjacent work. To avoid marring existing finished surfaces, cut or drill from the exposed or finished side into concealed surfaces. Temporarily cover openings when not in use. TR 12668 Exhibit 4 C. Patching: Patch with seams which are durable and as invisible as possible. Comply with specified tolerances for the work. 1. Where feasible, inspect and test patched areas to demonstrate integrity of work. 2. Restore exposed finishes of patched areas and where adjoining work in a manner which will eliminate evidence of patching and refinishing. D. Refinish surfaces to match adjacent finishes. For continuous surfaces, refinish to nearest intersection. For an assembly, refinish entire unit. E. Damaged Surfaces: Patch or replace any portion of an existing finished surface which is found to be damaged, lifted, discolored, or shows other imperfections, with matching material. 3.04 TRANSITION FROM EXISTING TO NEW WORK A. When new work abuts or finishes flush with existing work, make a smooth and workmanlike transition. Patched work shall match existing adjacent work in texture and appearance unless otherwise noted so that the patch or transition is invisible at a distance of five feet. B. When finished surfaces are cut in such a way that a smooth transition with new work is not possible, terminate existing surface in a neat manner along a straight line at a natural line of division, and provide trim appropriate to finished surface. 3.05 CLEANING A. Thoroughly clean area and spaces where work is performed or used as access to work. Remove completely paint, mortar, oils, putting and items of similar nature. END OF SECTION TR 12668 Exhibit 4 SECTION 01050 FIELD ENGINEERING PART 1 - GENERAL 1.01 WORK INCLUDED A. Provide and pay for field engineering services required for Project as follows: 1. Land Surveying work required to lay out the work and for execution of the structures. 2. Civil, structural or other professional engineering services specified, or required to execute the Contractor's construction methods. B. The Contractor shall retain the services of a registered land surveyor licensed in the State of Florida to identify existing control points and property line corner stakes indicated on the Drawings, as required. Verify all existing structure locations and all proposed building corner locations, tank locations and equipment locations. C. 1.02 RELATED WORK A. Section 01010: Summaryof Work. B. Section 01720: Project Record Documents. 1.03 QUALIFICATIONS OF PROFESSIONAL A. Qualified Engineer or Registered Land Surveyor, acceptable to the Owner and the Engineer. B. Registered Professional Engineer of the specialty required for the specific service on the Project, currently licensed in the State of Florida. 1.04 SURVEY REFERENCE POINTS A. Horizontal and vertical control points for the Project are to be established by the Contractor. B. Locate and protect control points prior to starting work, and preserve all permanent reference points during construction. 1. Make no changes or relocations without prior written notice to the Engineer. 2. Report to the Engineer when any reference point is lost or destroyed, or requires relocation because of necessary changes in grades or locations. 3. Require surveyor to replace project control points which may be lost or destroyed. a. Establish replacements based on original survey control. 1.05 PROJECT SURVEY REQUIREMENTS A. Establish a minimum of five temporary bench marks on site, referenced to data by survey control points. 1. Record locations, with horizontal and vertical data, on Project Record Documents. 2. Two bench marks shall be near the Pump Station. TR 12668 Exhibit 4 B. Establish lines and levels, locate and lay out, by instrumentation and similar appropriate means: 1. Site Improvements a. Stakes for grading, fill and topsoil placement. b. Utility slopes and invert elevations. 2. Batter boards for structures. 3. Building foundation, column locations and floor levels. 4. Controlling lines and levels required for mechanical and electrical trades. C. From time to time, verify layouts by same methods. US-4 XiZ0ICT9Z.1 A. Maintain a complete, accurate log for all control and survey work as it progresses. B. At the end of the project, submit certified as -built information at the same scale as the Engineer's line drawings indicating elevations and stations of the canal at 100 foot increments and at rapid changes in grade. Provide as -built drawings for all portions of the canal that have been completed and for which payment is requested. C. At the end of the project, submit a certified site survey at 1" = 50' scale on a reproducible tracing sheet 24" x 36", indicating the building corners and location of all structures. D. Contractor prior to commencement of work shall obtain cross sections at maximum 100 foot intervals for length of proposed improvements to canal and fifty (50) feet south of proposed improvements. 1.07 SUBMITTALS A. Submit name and address of registered land surveyor to the Engineer. B. On request of the Engineer, submit documentation to verify accuracy of field engineering work. C. Submit certificate signed by registered engineer or surveyor certifying that elevations and locations of improvements are in conformance or non-conformance, with Contract Documents. D. Submit drawings showing locations of all structures constructed. This drawing shall be included with the project record documents. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION TR 12668 Exhibit 4 SECTION 01070 APPLICABLE STANDARDS AND CODES PART 1 -- GENERAL 1.01 GENERAL A. Any reference made to published specifications or standards of any organization or association shall comply with the requirements of the specification or standard which is current on the date of Advertisement for Bids. In case of a conflict between the referenced specifications or standards, the one having the more stringent requirements shall govern. In case of conflict between the referenced specifications or standards, the one having the more stringent requirements shall govern. B. The following is a partial list of typical abbreviations which may be used in the Specifications and the organizations to which they refer: AASHTO - American Association of State Highway and Transportation Officials AASHO - American Association of State Highway Officials ACI - American Concrete Institute ACIFS - American Cast Iron Flange Standards AGA - American Gas Association AGC - Associated General Contractors of America AGMA - American Gear Manufacturers Association Al - Asphalt Institute AIA - American Institute of Architects AISC - American Institute of Steel Construction AISI - American Iron and Steel Institute ANSI - American National Standard Institute API - American Petroleum Institute APWA - American Public Works Association ASCE - American Society of Civil Engineers ASHRAE - American Society of Heating, Refrigeration, and Air Conditioning Engineers ASME - American Society of Mechanical Engineers ASTM - American Society of Testing and Materials AWI - Architectural Woodwork Institute AWPA - American Wood Preservers Association AWS - American Welding Society AWWA - American Water Works Association BHMA - Builder's Hardware Manufacturers Association CRSI - Concrete Reinforcing Steel Institute CSA - Canadian Standards Association TR 12668 Exhibit 4 DHI - Door and Hardware Institute DIPRA - Ductile Iron Pipe Research Association DOT - Florida Department of Transportation E/A - Engineer and/or Architect EDA - Economic Development Association EEI - Edison Electric Institute EPA - Environmental Protection Agency FDER - Florida Department of Environmental Regulation ICEA - Insulated Cable Engineers Association IEEE - Institute of Electrical and Electronic Engineers IPCEA - Insulated Power Cable Engineers Association ISO - Insurance Service Offices NAAMM - National Association of Architectural Metal Manufacturers NBS - National Bureau of Standards NCPI - National Clay Pipe Institute NCSPA - National Corrugated Steel Pipe Association NEC - National Electric Code NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association NLMA - National Lumber Manufacturers Association NSC - National Safety Council OSHA - Occupational Safety and Health Act PCA - Portland Cement Association SAE - Society of Automotive Engineers Standards SFBC - South Florida Building Code SHBI - Steel Heating Boiler Institute SSPC - Society of Protective Coatings UL - Underwriters' Laboratories, Inc. C. CONTRACTOR shall, when required, furnish evidence satisfactory to the OWNER & ENGINEER that materials and methods are in accordance with such standards where so specified. D. In the event any questions arise as to the application of these standards or codes, copies shall be supplied on site by the CONTRACTOR. PART 2 -- PRODUCTS - (Not Used) PART 3 -- EXECUTION - (Not Used) - END OF SECTION - TR 12668 Exhibit 4 SECTION 01310 CONSTRUCTION SCHEDULES PART 1 —GENERAL 1.01 REQUIREMENTS INCLUDED A. Promptly after Award of the Contract and within ten days after the effective date of the Agreement, prepare and submit to the Engineer estimated construction progress schedules for the work, with subschedules of related activities which are essential to its progress. B. Submit revised progress schedules on a monthly basis. C. No partial payments shall be approved by the Engineer until there is an approved construction progress schedule on hand. D. The Contractor shall designate an authorized representative of his firm who shall be responsible for development and maintenance of the schedule and of progress and payment reports. This representative of the Contractor shall have direct project control and complete authority to act on behalf of the Contractor's schedule. 1.02 RELATED REQUIREMENTS A. Document 00700: Conditions of the Contract B. Section 01010: Summary of Work C. Section 01200: Project Meetings D. Section 01340: Shop Drawings, Working Drawings and Samples 1.03 FORM OF SCHEDULES A. Prepare schedules in the form of a horizontal bar chart. 1. Provide separate horizontal bar for each trade or operation within each structure or item. 2. Horizontal time scale: In weeks from start of construction and identify the first work day of each month. 3. Scale and spacing: To allow space for notations and future revisions. 4. Minimum sheet size: 24-inches x 36-inches. B. Format of listings: The chronological order of the start of each item of work for each structure. C. Identification of listings: By major specification section numbers as applicable and structure. 1.04 CONTENT OF SCHEDULES A. Construction Progress Schedule: 1. Show the complete sequence of construction by activity. 2. Show the dates for the beginning of, and completion of, each major element of construction in no more that a two week increment scale. Specifically list, but not limited to: TR 12668 Exhibit 4 a. Site Clearing b. Site Utilities C. Foundation Work d. Structural Framing e. Subcontractor Work f. Equipment Installations g. Finishings h. Instrumentation i. Paintings j. Schooling/O & M Manuals k. Testing I. Startup M. Receipt of Spare Parts n. Site Work o. Record Drawings p. Restoration 3. Show projected percentage of completion for each item, as of the first of each month. 4. Show projected dollar cash flow requirements for each month of construction. B. Submittals Schedule for Shop Drawings, and Samples in accordance with Section 01340. Show: 1. The dates for Contractor's submittals. 2. The dates submittals will be required for owner furnished products, if applicable. 3. The dates approved submittals will be required from the Engineer. C. A list of all long lead items (equipment, materials, etc). 1.05 PROGRESS REVISIONS A. Indicate progress of each activity to date of submission. B. Show changes occurring since previous submission of schedule: 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective actions recommended, and its effect. 3. The effect of changes on schedules of other prime contractors. 1.06 SUBMISSIONS A. Submit initial schedules to the Engineer within 10-days after the effective date of the Agreement. 1. The Engineer will review schedules and return review copy within 21-days after receipt. 2. If required, resubmit within 7-days after return of review copy. B. Submit 5-copies of revised monthly progress schedules with that month's application for payment. TR 12668 Exhibit 4 1.07 DISTRIBUTION A. Distribute copies of reviewed schedules to: 1. Engineer (Two Copies) 2. Job Site File 3. Subcontractors 4. Other Concerned Parties 5. Owner (Two Copies) B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedule. PART 2 — PRODUCTS (NOT USED). PART 3 — EXECUTION (NOT USED) END OF SECTION TR 12668 Exhibit 4 �4*& ire] >I1[1)9nol SUBMITTALS AND SUBSTITUTIONS PART 1 - GENERAL 1.01 DESCRIPTION A. Make submittals required by the Contract Documents, and revise and resubmit as necessary to establish compliance with the specified requirements. 1.02 RELATED SECTIONS A. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. B. Individual requirements for submittals also may be described in pertinent Sections of these Specifications. C. Work not included 1. Submittals which are not required will not be reviewed by the Engineer. 2. The Contractor may require his subcontractors to provide drawings, setting diagrams, and similar information to help coordinate the Work, but such data shall remain between the Contractor and his subcontractors and will not be reviewed by the Engineer. 1.03 SUBMITTALS FOR REVIEW A. Make submittals of Shop Drawings, Samples, substitution requests, and other items in accordance with the provisions of this Section. 1.04 QUALITY ASSURANCE A. Coordination of submittals: 1. Prior to each submittal, carefully review and coordinate all aspects of each item being submitted. 2. Verify that each item and the submittal for it conform in all respects with the specified requirements. 3. By affixing the Contractor's signature to each submittal, certify that this coordination has been performed. B. Substitutions: 1. The Contract is based on the standards of quality established in the Contract Documents. Substitutions will be considered only when listed at time of bidding, on the Contractors letterhead and when substantiated by the Contractor's submittal of required data within 10-calendar days after the bid opening. 2. The following products do not require further approval except for interface within the Work: a. Products specified by reference to standard specifications such as ASTM and similar standards. b. Products specified by manufacturer's name and catalog model number. 3. Do not substitute materials, equipment, or methods unless such substitution has been specifically approved in writing for this Work by the Engineer. TR 12668 Exhibit 4 C. "Or Equal": 1. Where the phrase "or equal," or "or equal as approved by the Engineer," appears in the Contract Documents, do not assume that the materials, equipment, or methods will be approved as equal unless the item has been specifically so approved for this Work by the Engineer. 2. The decision of the Engineer shall be final. PART 2-PRODUCTS 2.01 SHOP DRAWINGS A. Scale and Measurements: Make Shop Drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the Work. B. Review comments of the Engineer will be shown on the shop drawings when these are returned to the Contractor. The Contractor may make and distribute such copies as are required for his purposes. The Engineer will retain at least one copy of the reviewed shop drawings; therefore, submit the number of copies that are required to be returned, plus one additional copy. 2.02 MANUFACTURER'S LITERATURE A. Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents is being submitted for review. B. Submit the number of copies which are required to be returned, plus one copywhich will be retained by the Engineer. 2.03 SAMPLES A. Provide Samples identical to the precise materials proposed to be utilized in the Work. Identify as described under "Identification of Submittals" below. B. Number of Samples required: 1. Unless otherwise specified, submit Samples, in the quantity, which is required to be returned, plus one which will be retained by the Engineer. 2. By prearrangement in specific cases, a single Sample may be submitted for review and, when approved, be installed in the Work at a location agreed upon by the Engineer. PART 3 - EXECUTION 3.01 IDENTIFICATION OF SUBMITTALS A. Consecutively number all submittals. 1. When material is resubmitted for any reason, transmit under a new letter of transmittal and with a new transmittal number. 2. On resubmittals, cite the original submittal number for reference. B. Accompany each submittal with a letter of transmittal showing all information required for identification and checking. C. On at least the first page of each submittal, and elsewhere as required for positive identification, show the appropriate submittal number. TR 12668 Exhibit 4 D. Maintain an accurate submittal log for the duration of the Work, showing current status of all submittals at all times. Make the submittal log available to the Engineer for his review upon request. 3.02 GROUPING OF SUBMITTALS A. Unless otherwise specified, make submittals in groups containing all items associated with the particular portion of the Work to assure that all necessary information is available for checking each item when it is received. 1. Partial submittals may be rejected as not complying with the provisions of the Contract. 2. The Contractor may be held liable for delays so occasioned. 3.03 TIMING OF SUBMITTALS A. Make submittals far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and re - submittals, and for placing orders and securing delivery. B. In scheduling, allow at least ten working days for review by the Engineer following his receipt of the submittal. 3.04 ENGINEER'S REVIEW A. Review by the Engineer does not relieve the Contractorfrom responsibility for errors, which may exist in the submitted data. B. Revisions: 1. Make revisions required by the Engineer. 2. If the Contractor considers any required revision to be a change, he shall so notify the Engineerwithin ten calendar days in writing. IF afterthe review of the Engineer it is determined that the required revisions are in fact a legitimate change in work or time the procedures set forth in Articles 10, 11, & 12 of the General Conditions shall be followed. 3. Make only those revisions directed or approved by the Engineer. C. Reimbursement of Engineer's costs: 1. In the event substitutions are proposed to the Engineer after the Contract has been awarded, the Engineer will record all time used by him and by his consultants in evaluation of each such proposed substitution. 2. Whether or not the Engineer approves a proposed substitution, the Contractor promptly upon receipt of the Engineer's billing shall reimburse the Engineer at the rate of three times the direct cost to Engineer and his consultants for all time spent by them in evaluating the proposed substitution. END OF SECTION TR 12668 Exhibit 4 SECTION 01370 SCHEDULE OF VALUES 411111 Qel�1 i :7_\I 1.01 REQUIREMENTS INCLUDED A. Submit to the Engineer a Schedule of Values allocated to the various portions of the Work, within 21-days after the effective date of the Agreement. B. Upon request of the Engineer, support the values with data which will substantiate their correctness. C. The Schedule of Values, unless objected to by the Engineer, shall be sued only as the basis for the Contractor's Applications for Payment. 1.02 RELATED REQUIREMENTS A. Document 00700: Conditions of the Contract B. Section 01152: Application for Payment 1.03 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on an 8-1/2- inch x 11-inch or 8-1/2- inch x 14 —inch white paperfurnished by the Contractor; Contractor's standard forms and automated printout will be considered for approval by the Engineer upon Contractor's request. Identify schedule with: 1. Title of Project and location 2. Engineer and Project number 3. Name and Address of Contractor 4. Contract designation 5. Date of submission B. Schedule shall list the installed value of the component part of the Work in sufficient detail to serve as a basis for computing values for progress payment during construction. C. Identify each line item with the number and title of the respective major section of the specifications. D. For each major line item, list sub -values of major products or operations under the item. E. For the various portions of the Work: 1. Each item shall include a directly proportional amount of the Contractor's overhead and profit. 2. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. Paid invoices are required for materials upon request by the Engineer. b. The total installed value. F. The sum of all values listed in the schedule shall equal the total Contract Sum. PART 2 — PRODUCTS (NOT USED). PART 3 — PRODUCTS (NOT USED). END OF SECTION TR 12668 Exhibit 4 SECTION 01505 CONTROL OF WORK PART 1 - GENERAL 1.01 QUALITY OF WORK A. The Contractor shall furnish personnel and equipment which will be efficient, appropriate and large enough to secure a satisfactory quality of work and a rate of progress which will insure the completion of the work within the time stipulated in the Proposal. If at any time such personnel appear to the Engineer to be inefficient, inappropriate or insufficient for securing the quality of work required or for producing the rate of progress aforesaid, he may order the Contractor to increase the efficiency, change the character or increase the personnel and equipment, and the Contractor shall conform to such order. Failure of the Engineer to give such order shall in no way relieve the Contractor of his obligations to secure the quality of the work and rate of progress required. 1.02 PRIVATE LAND A. The Contractor shall not enter or occupy private land outside of easements, except by written permission of the private property owner. 1.03 OPEN EXCAVATIONS A. All open excavations shall be adequately safeguard by providing temporary barricades, caution signs, lights and other means to prevent accidents to persons, and damage to property. The Contractor shall, at his own expense, provide suitable and safe bridges and other crossings for accommodating travel by pedestrians and workmen. Bridges provided for access to private property during construction shall be removed when no longer required. The length of open trench will be controlled by the particular surrounding conditions, but shall always be confined to the limits prescribed by the Engineer. If the excavation becomes a hazard, or if it excessively restricts traffic at any point, the Engineer may require special construction procedures such a limiting the length of open trench, prohibiting stacking excavated material in the street, and requiring that the trench shall not remain open overnight. B. The Contractor shall take precautions to prevent injury to the public due to open trenches. All trenches, excavated material, equipment, or other obstacles which could be dangerous to the public shall be well lighted at night. 1.04 TEST PITS A. Test pits for the purpose of locating underground pipeline or structures in advance of the construction shall be excavated and backfilled by the Contractor at his cost at the direction of the Engineer. Test pits shall be backfilled immediately after their purpose has been satisfied and the surface restored and maintained in a manner satisfactory to the Engineer. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION TR 12668 Exhibit 4 3.01 COOPERATION WITHIN THIS CONTRACT A. All firms or persons authorized to perform any work under this Contract shall cooperate with the General Contractor and his subcontractors or trades, and shall assist in incorporating the work of other trades where necessary or required. B. Cutting and patching, drilling and fitting shall be carried out where required by the trade or subcontractor having jurisdiction, unless otherwise indicated herein or directed by the Engineer. 3.02 PROTECTION OF CONSTRUCTION AND EQUIPMENT A. All newly constructed work shall be carefully protected from damage in any way. No wheeling or walking or placing of heavy loads on it shall be allowed and all portions damaged shall be reconstructed by the Contractor at his own expense. B. All structures shall be protected in a manner approved by the Engineer. Should any of the floor or other parts of the structures become heaved, cracked or otherwise damaged, all such damaged portions of the work shall be completely repaired and made good by the Contractor at his own expense and to the satisfaction of the Engineer. Special attention is directed to substructure bracing requirements described in Section 02220. If, in the final inspection of work, any defects, faults or omissions are found, the Contractor shall cause the same to be repaired or removed and replaced by proper materials and workmanship without extra compensation for the materials and labor required. Further, the Contractor shall be fully responsible for the satisfactory maintenance and repair of the construction and other work undertaken herein, for at least the guarantee period described in the contract. C. Further, the Contractor shall take all necessary precaution to prevent damage to any structure due to water pressure during and after construction and until such structure is accepted and taken over by the Owner. END OF SECTION TR 12668 Exhibit 4 SECTION 01510 PART1 GENERAL 1.01 DESCRIPTION A. Temporary Utilities: The Contractor shall provide for electricity, ventilation, water, and sanitary facilities as noted below. The Contractor shall furnish, install and maintain all temporary utilities during the Contract period including removal upon completion of work. 1.02 TEMPORARY ELECTRICITY A. Cost: Contractor to make separate arrangements with Florida Power & Light and make provisions for all electrical power needs during construction. Contractor shall make, and pay for, any modifications to the existing power service. B. Exercise measures to conserve energy 1.03 TEMPORARY VENTILATION A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. 1.04 TEMPORARY WATER SERVICE A. Provide, maintain and pay for suitable quality water service required for construction operations at time of project mobilization. B. Exercise measures to conserve water. C. Extend branch piping with outlets located so water is available by hoses with threaded connections. 1.05 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. Provide at time of project mobilization. PART PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION TR 12668 Exhibit 4 SECTION 01511 PROTECTION OF EXISTING FACILITIES PART 1 -- GENERAL 1.01 THE REQUIREMENT A. The CONTRACTOR shall protect all existing utilities and improvements not designated for removal and shall restore damaged or temporarily relocated utilities and improvements to a condition equal to or better than they were prior to such damage or temporary relocation, all in accordance with requirements of the Contract Documents. B. The CONTRACTOR shall verify the exact locations and depths of all utilities shown and the CONTRACTOR shall make exploratory excavations of all utilities that may interfere with the Work. All such exploratory excavations shall be performed as soon as practicable after award of Contract and, in any event, a sufficient time in advance of construction to avoid possible delays to the CONTRACTOR's Work. When such exploratory excavations show the utility location as shown to be in error, the CONTRACTOR shall so notify the OWNER. C. The number of exploratory excavations required shall be that number which is sufficient to determine the alignment and grade of the utility. 1.02 RIGHTS -OF -WAY A. The CONTRACTOR shall not enter upon any rights -of -way involved until notified that the OWNER has secured authority therefore from the proper party. After authority has been obtained, the CONTRACTOR shall give said party due notice of its intention to begin Work, and shall give said party convenient access and opportunity for removing, shoring, supporting, or otherwise protecting utilities or structures within the right-of- way. When two or more contracts are being executed at one time on the same or adjacent land in such manner that Work on one contract may interfere with that on another, the OWNER shall determine the sequence and order of the Work. 1.03 PROTECTION OF STREET OR ROADWAY MARKERS A. The CONTRACTOR shall not destroy, remove, or otherwise disturb any existing survey markers or other existing street or roadway markers without proper authorization. No pavement breaking or excavation shall be started until all survey or other permanent marker points that will be disturbed by the construction operations have been properly referenced for easy and accurate restoration. It shall be the CONTRACTOR's responsibility to notify the proper representatives of the OWNER of the time and location that Work will be done. Such notification shall be sufficiently in advance of construction so that there will be no delay due to waiting for survey points to be satisfactorily referenced for restoration. All survey markers or points disturbed by the CONTRACTOR without proper authorization by the OWNER, will be accurately restored by the OWNER at the CONTRACTOR's expense after all street or roadway resurfacing has been completed. TR 12668 Exhibit 4 1.04 RESTORATION OF FACILITIES A. General: All paved areas cut or damaged during construction shall be replaced with similar materials and of equal thickness to match the existing adjacent undisturbed areas, except where specific resurfacing requirements have been called for in the Contract Documents or in the requirements of the agency issuing the permit. All temporary and permanent pavement shall conform to the requirements of the affected pavement owner. All pavements that are subject to partial removal shall be neatly saw cut in straight lines. B. Temporary Restoration: Temporary restoration includes repair to all driveways, sidewalks and roadways. They shall be swept clean and be maintained free of dirt and dust. All areas disturbed by the construction activities shall be restored to proper grade, cleaned up, including the removal of debris, trash, and deleterious materials. All construction materials, supplies, or equipment, including piles of debris shall be removed from the area. All temporarily restored areas shall be maintained by the CONTRACTOR. These areas shall be kept clean and neat, free of dust and dirt, until final restoration operations are completed. The CONTRACTOR is responsible to utilize dust abatement operations in the temporarily restored areas as required, to the satisfaction of the ENGINEER. C. Temporary Resurfacing: Wherever required by the public authorities having jurisdiction, the CONTRACTOR shall place temporary surfacing promptly after backfilling and shall maintain such surfacing for the period of time fixed by said authorities before proceeding with the final restoration and improvements. D. Temporary Restoration of Sidewalks or Private Driveways: Wherever sidewalks or private driveways have been removed for purposes of construction, the CONTRACTOR shall place suitable temporary sidewalks or driveways at the end of each workday and shall maintain them in satisfactory condition for the period of time fixed by the authorities having jurisdiction over the affected portions before proceeding with the final restoration or, if no such period of times is so fixed, the CONTRACTOR shall maintain said temporary sidewalks or driveways until the final restoration thereof has been made. 1.05 EXISTING UTILITIES AND IMPROVEMENTS A. Known utilities and structures adjacent to or encountered in the work are shown in the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans and/or utility agencies. Those shown are for the convenience of the CONTRACTOR only. No responsibility is assumed by either the CITY or the ENGINEER for their accuracy and completeness. B. Additional costs incurred for idle time of equipment or labor as a result of uncovering unknown utilities shall be for the CONTRACTOR's account. C. Notify the CITY of conflict between existing utilities and work to be performed. D. The CONTRACTOR is responsible for coordinating with all public utility agencies (FPL, Bell South, Comcast, etc) that may have utility facilities affecting or interrupting the proposed improvement project. TR 12668 Exhibit 4 E. Notify appropriate utility agencies affected by construction operation, at least forty eight (48) hours in advanced. 1. Under no circumstance shall utilities be exposed without first obtaining permission from the appropriate agency. 2. Once permission has been granted, the existing underground utilities may be located, exposed and temporary support of these utilities shall be provided. F. CONTRACTOR is responsible to the CITY and operators of these properties for damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of character brought because of injuries or damage which may result from the construction operations under this Contract. G. Neither the CITY nor its representatives or agents shall be responsible to the CONTRACTOR for damages as a result of the CONTRACTOR's failure to protect utilities encountered in the work. H. In the event of interruption to domestic water, sewer, storm drain or other utility services as a result of accidental breakage due to construction operation, promptly notify the CITY and cooperate with the CITY in restoration of service as promptly as possible and bear costs of repair. In no event shall interruption of utility service be allowed outside working hours unless granted by the CITY of the utility. I. Replace other existing utilities or structures removed or damaged during construction, at the CONTRACTOR's expense, unless otherwise provided for in the Contract Document. J. OWNER'S Right of Access: The right is reserved to the OWNER and to the owners of public utilities and franchises to enter at any time upon any public street, alley, right-of- way, or easement for the purpose of making changes in their property made necessary by the Work of this Contract. K. Underground Utilities Shown or Indicated: Existing utility lines that are shown or the locations of which are made known to the CONTRACTOR prior to excavation and that are to be retained, and all utility lines that are constructed during excavation operations shall be protected from damage during excavation and backfilling and, if damaged, shall be immediately repaired by the CONTRACTOR. L. Underground Utilities Not Shown or Indicated: See Article 18 of the Special Conditions. M. Approval of Repairs: All repairs to a damaged improvement are subject to inspection and approval by an authorized representative of the improvement owner before being concealed by backfill or other Work. N. No fill, excavation material, construction generated debris or equipment shall obstruct water valves, gas meters or sewer manholes. Water, sewer and gas service shall be made accessible to repair or maintenance crews representing the OWNER or a privately -owned utility company. TR 12668 Exhibit 4 1.06 TREES WITHIN STREET RIGHTS -OF -WAY AND PROJECT LIMITS A. General: The CONTRACTOR shall exercise all necessary precautions so as not to damage or destroy any trees or shrubs, including those lying within street rights -of -way and project limits, and shall not trim, relocate or remove any trees unless such trees have been approved for trimming, relocating or removal by the jurisdictional agency or OWNER. All existing trees and shrubs that are damaged during construction shall be trimmed or replaced by the CONTRACTOR. Tree trimming, relocating and replacement shall be in accordance with requirements of local jurisdictions. B. Replacement: The CONTRACTOR shall immediately notify the jurisdictional agency and / or the OWNER if any tree is damaged by the CONTRACTOR's operations. If, in the opinion of said agency or the OWNER, the damage is such that replacement is necessary, the CONTRACTOR shall replace the tree at its own expense. The tree shall be of a like size and variety as the tree damaged, or, if of a smaller size, the CONTRACTOR shall pay to the owner of said tree compensatory payment acceptable to the tree owner, subject to the approval of the jurisdictional agency or OWNER. PART 2 -- PRODUCTS (Not Used) PART 3 -- EXECUTION (Not Used) - END OF SECTION - TR 12668 Exhibit 4 SECTION 01520 CONSTRUCTION AIDS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain required construction aids, remove on completion of Work 1.02 RELATED REQUIREMENTS A. Section 01010: Summary of Work PART 2 — PRODUCTS 2.01 MATERIALS, GENERAL A. Materials may be new or used, suitable for the intended purpose, but must not violate requirements of applicable codes and standards. 2.02 CONSTRUCTION AIDS A. Provide construction aids and equipment required by personnel and to facilitate execution of the Work; Scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, hoists, cranes, chutes and other facilities and equipment. 1. Refer to respective sections for particular requirements for each trade. B. Maintain facilities and equipment in first-class condition. 2.03 TEMPORARY ENCLOSURES A. Provide temporary weather -tight enclosure of exterior walls for storage of materials as work progresses, as necessary to, provide weather protection for materials, and to prevent entry of unauthorized persons. 1. Provide temporary exterior doors with self -closing hardware and padlocks. 2. Other enclosures shall be removable as necessary for work and for handling of materials. PART 3 - EXECUTION 3.01 PREPARATION A. Consult with the Engineer, review site conditions and factors which affect construction procedures and construction aids, including adjacent properties and public facilities which may be affected by execution of the Work. TR 12668 Exhibit 4 3.02 GENERAL A. Comply with applicable requirements specified in sections of Division 2 through 16. B. Relocate construction aids as required by progress of construction, by storage or work requirements, and to accommodate legitimate requirements of Owner and other contractors employed at the site. 3.03 REMOVAL A. Completely remove temporary materials, equipment and services: 1. When construction needs can be met by use of permanent construction. 2. At completion of Work. B. Clean and repair damage caused by installations for construction aids. 1. Remove foundations and underground installations for construction aids. 2. Grade areas of site affected by temporary installations to required elevations and slopes, and clean the area. C. Restore permanent facilities used for temporary purposes to specified condition or in kind if not specified. END OF SECTION TR 12668 Exhibit 4 SECTION 01530 BARRIERS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED Furnish, install and maintain suitable barriers and/or fences as required to prevent public entry, prevent entry by children, protect the work, traffic control barriers, protect existing facilities, trees and plants from construction operations; remove when no longer needed, or at completion of work. 1.02 RELATED REQUIREMENTS Section 0 10 10: Summary of Work Section 01570: Traffic Regulation PART 2 - PRODUCTS 2.01 MATERIALS, GENERAL Materials may be new or used, suitable for the intended purpose, but must not violate requirements of applicable codes and standards. 2.02 BARRIERS Materials are Contractor's option, as appropriate to serve required purpose. PART 3 - EXECUTION 3.01 GENERAL A. Install facilities of a neat and reasonably uniform appearance, structurally adequate for the required purposes. B. Maintain barriers during entire construction period. C. Relocate barriers as required by the progress of construction. TR 12668 Exhibit 4 3.02 FENCES A. Provide and maintain fences necessary to assure security of the site during construction to keep unauthorized people and animals from the site when construction is not in progress. B. Provide additional security measures as deemed necessary and approved by the Engineer. 3.03 TREE AND PLANT PROTECTION A. Preserve and protect existing trees and plants at site which are designated to remain, and those adjacent to site. B. Consult with the Engineer, and remove agreed -on roots and branches which interfere with construction. C. Protect root zones of trees and plants: 1. Do not allow vehicular traffic or parking. 2. Do not store materials or products. 3. Prevent dumping of refuse or chemically injurious materials or liquids. 4. Prevent puddling or continuous running water. D. Carefully supervise excavating, grading and filling, and other construction operations, to prevent damage. E. Replace, or suitably repair, trees and plants designated to remain which are damaged or destroyed due to construction operations. 3.04 REMOVAL A. Completely remove barricades, including foundations, when construction has progressed to the point that they are no longer needed and when approved by Engineer. B. Repair damage caused by construction. Fill and grade areas of the site to the required elevations and clean the area. PART 4 — MEASUREMENT AND PAYMENT Payment shall be no special measurement for the work under this section; payment shall be included in the lump sum amount under section 1025, Measurement and Payment Bid Item #1 Mobilization. TR 12668 Exhibit 4 END OF SECTION TR 12668 Exhibit 4 SECTION 01560 TEMPORARY CONTROLS PART1 GENERAL 1.01 WORK INCLUDED A. Temporary Controls to protect the Work during construction and until final acceptance of the Work. 1.02 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas to allow for City's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide protection for plant life designated to remain. Replace damaged plant life. C. Protect vehicular traffic, stored materials, site, and structures from damage. 1.03 FENCING A. Provide commercial grade chain link fence or other similar type fencing as needed to protect work. B. Provide 4 foot high fence around construction site; equip with vehicular gates with locks. 1.04 DRAINAGE CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. Protect site from puddling or running water. 1.05 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual Sections of these Specifications. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to prevent damage. C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. D. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. E. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. F. Prohibit traffic from landscaped areas. TR 12668 Exhibit 4 1.06 SECURITY A. Provide security and facilities to protect Work, and existing facilities, and City's operations from unauthorized entry, vandalism, or theft. B. Coordinate with City's security program. 1.07 DUST CONTROL A. Execute Work by methods to minimize dust generation from construction operations. B. Provide positive means to prevent air -borne dust from dispersing into atmosphere. 1.08 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B. Minimize amount of bare soil exposed at one time. C. Provide temporary measures as needed to prevent water flow into the Work. D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. E. Periodically inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 1.09 NOISE CONTROL A. Provide methods, means, and facilities to minimize noise from noise produced by construction operations. 1.10 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. PART PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION TR 12668 Exhibit 4 SECTION 01570 TRAFFIC REGULATION PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Provide, operate and maintain equipment, services and personnel, with traffic control and protective devices, as required to expedite vehicular traffic flow and access for pedestrians around the construction area. B. Remove temporary equipment and facilities when no longer required; restore grounds to original, or to specified conditions. C. Maintain safe passageway for pedestrian traffic. Conform to Broward County Maintenance of Traffic School/Pedestrian requirements. 1.02 RELATED REQUIREMENTS A. Section 01010: Summary of Work B. Section 01530: Barriers 1.03 TRAFFIC SIGNALS AND SIGNS Not Used 1.04 FLAGMEN A. Provide qualified and suitably equipped flagmen when construction operations encroach on traffic lanes, as required for regulation of traffic. 1.05 FLARES AND LIGHTS Not Used. 1.06 CONSTRUCTION PARKING CONTROL A. Control vehicular parking to preclude interference with public traffic or parking, access by emergency vehicles, Owner's operations, or construction operations. B. Monitor parking of construction personnel's private vehicles. 1. Maintain free vehicular access to and through parking areas. 2. Prohibit parking on or adjacent to access roads, or in non -designated areas. TR 12668 Exhibit 4 1.07 HAUL ROUTES A. Consult with governing authorities, establish public thoroughfares, which will be used as haul routes and site access. B. Confine construction traffic to designated haul routes. C. Provide traffic control at critical areas of haul routes to expedite traffic flow, to minimize interference with normal public traffic. PART 2 - PRODUCTS Not Used PART 3 — EXECUTION Not Used END OF SECTION TR 12668 Exhibit 4 SECTION 01600 MATERIALS AND EQUIPMENT PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes administrative and procedural requirements governing the Contractor's selection of products for use in the Project. 1.03 DEFINITIONS A. Definitions used in this Article are not intended to change the meaning of other terms used in the Contract Documents, such as "specialties," "systems," "structure," "finishes," "accessories," and similar terms. Such terms are self-explanatory and have well -recognized meanings in the construction industry. 1. "Products" are items purchased for incorporation in the Work, whether purchased for the Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. 2. "Named Products" are items identified by the manufacturer's product name, including make or model number or other designation, shown or listed in the manufacturer's published product literature, that is current as of the date of the Contract Documents. 3. "Foreign Products," as distinguished from "domestic products," are items substantially manufactured (50 percent or more of value) outside the United States and its possessions. Products produced or supplied by entities substantially owned (more than 50 percent) by persons who are not citizens of, nor living within, the United States and its possessions are also considered to be foreign products. 4. "Materials" are products substantially shaped, cut, worked, mixed, finished, refined or otherwise fabricated, processed, or installed to form a part of the Work. 5. "Equipment" is a product with operational parts, whether motorized or manually operated, that requires service connections, such as wiring or piping. 1.04 SUBMITTALS A. Product List: Prepare a list showing products specified in tabular form acceptable to the Engineer. Include generic names of products required. Include the manufacturer's name and proprietary product names for each item listed. 1. Coordinate product list with the Contractor's Construction Schedule and the Schedule of Submittals. 2. Form: Prepare product list with information on each item tabulated under the following column headings: a. Related Specification Section number. TR 12668 Exhibit 4 b. Generic name used in Contract Documents. C. Proprietary name, model number, and similar designations. d. Manufacturer's name and address. e. Supplier's name and address. f. Installer's name and address. g. Projected delivery date or time span of delivery period. 3. Initial Submittal: Within 30 days after date of commencement of the Work, submit 3 copies of an initial product list. Provide a written explanation for omissions of data and for known variations from Contract requirements. a. At the Contractor's option, the initial submittal may be limited to product selections and designations that must be established early in the Contract period. 4. Completed List: Within 60 days after date of commencement of the Work, submit 3 copies of the completed product list. Provide a written explanation for omissions of data and for known variations from Contract requirements. 5. Engineer's Action: The Engineer will respond in writing to Contractor within two weeks of receipt of the completed product list. No response within this period constitutes no objection to listed manufacturers or products but does not constitute a waiver of the requirement that products comply with Contract Documents. The Engineer's response will include a list of unacceptable product selections, containing a brief explanation of reasons for this action. 1.05 QUALITY ASSURANCE A. Source Limitations: To the fullest extent possible, provide products of the same kind from a single source. When specified products are available only from sources that do not, or cannot, produce a quantity adequate to complete project requirements in a timely manner, consult with the Engineer to determine the most important product qualities before proceeding. Qualities may include attributes, such as visual appearance, strength, durability, or compatibility. When a determination has been made, select products from sources producing products that possess these qualities, to the fullest extent possible. B. Compatibility of Options: When the Contractor is given the option of selecting between two or more products for use on the Project; the product selected shall be compatible with products previously selected, even if previously selected products were also options. 1. Each sub -contractor is responsible for providing products and construction methods that are compatible with products and construction methods of other sub -contractors. 2. If a dispute arises between sub -contractors over concurrently selectable, but incompatible products, the Engineer will determine which products shall be retained and which are incompatible and must be replaced. C. Foreign Product Limitations: Except under one or more of the following conditions, provide domestic products, not foreign products, for inclusion in the Work: 1. No available domestic product complies with the Contract Documents. 2. Domestic products that comply with the Contract Documents are available only at prices or terms substantially higher than foreign products that comply with the Contract Documents. TR 12668 Exhibit 4 D. Locate Labels and Nameplates according to the following: 1. Labels: Locate required product labels and stamps on accessible surfaces that are not conspicuous. 2. Equipment Nameplates: Provide a permanent nameplate on each item of service -connected or power -operated equipment. Locate on an easily accessible surface that is inconspicuous in occupied spaces. The nameplate shall contain the following information and other essential operating data: a. Name of product and manufacturer. b. Model and serial number. C. Capacity. d. Speed. e. Ratings. 1.06 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle products according to the manufacturer's recommendations, using means and methods that will prevent damage, deterioration, and loss, including theft. 1. Schedule delivery to minimize long-term storage at the site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to assure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Deliver products to the site in an undamaged condition in the manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products upon delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. 5. Store products at the site in a manner that will facilitate inspection and measurement of quantity or counting of units. 6. Store heavy materials away from the immediate Project area in a manner that will not endanger the supporting construction. 7. Store products subject to damage by the elements above ground, under cover in a weather -tight enclosure, with ventilation adequate to prevent condensation. Maintain temperature and humidity within range required by manufacturer's instructions. PART 2 - PRODUCTS 2.01 PRODUCT SELECTION A. General Product Requirements: Provide products that comply with the Contract Documents, that are undamaged and, unless otherwise indicated, new at the time of installation. 1. Provide products complete with accessories, finish, safety guards, and other devices and details needed for a complete installation and the intended use and effect. 2. Standard Products: Where available, provide standard products of types that have been produced and used successfully in similar situations on other projects. B. Product Selection Procedures: The Contract Documents and Specifications govern product selection. Procedures governing product selection include the following: TR 12668 Exhibit 4 1. Proprietary Specification Requirements: Where Specifications name only a single product or manufacturer, provide the product indicated. No substitutions will be permitted. 2. Semi -proprietary Specification Requirements: Where Specifications name two or more products or manufacturers, provide one of the products indicated. No substitutions will be permitted. a. Where Specifications specify products or manufacturers by name, accompanied by the term "or equal" or "or approved equal," comply with the Contract Document provisions concerning "substitutions" to obtain approval for use of an unnamed product. 3. Nonproprietary Specifications: When Specifications list products or manufacturers that are available and may be incorporated in the Work, but do not restrict the Contractor to use of these products only, the Contractor may propose any available product that complies with Contract requirements. Comply with Contract Document provisions concerning "substitutions" to obtain approval for use of an unnamed product. 4. Descriptive Specification Requirements: Where Specifications describe a product or assembly, listing exact characteristics required, with or without use of a brand or trade name, provide a product or assembly that provides the characteristics and otherwise complies with Contract requirements. 5. Performance Specification Requirements: Where Specifications require compliance with performance requirements, provide products that comply with these requirements and are recommended by the manufacturer for the application indicated. a. Manufacturer's recommendations may be contained in published product literature or by the manufacturer's certification of performance. 6. Compliance with Standards, Codes, and Regulations: Where Specifications only require compliance with an imposed code, standard, or regulation, select a product that complies with the standards, codes, or regulations specified. 7. Visual Matching: Where Specifications require matching an established Sample, the Engineer's decision will be final on whether a proposed product matches satisfactorily. a. Where no product available within the specified category matches satisfactorily and complies with other specified requirements, comply with provisions of the Contract Documents concerning "substitutions" for selection of a matching product in another product category. 8. Visual Selection: Where specified product requirements include the phrase ... as selected from manufacturer's standard colors, patterns, textures ..." or a similar phrase, select a product and manufacturer that complies with other specified requirements. The Engineer will select the color, pattern, and texture from the product line selected. 03:4 KCM::/ xeili I [*I, 21 3.01 INSTALLATION OF PRODUCTS A. Comply with manufacturer's instructions and recommendations for installation of products in the applications indicated. Anchor each product securely in place, accurately located and aligned with other Work. B. Install all equipment as indicated in the Contract Documents, and according to the manufacturer's recommendation to assure proper alignment and operation. END OF SECTION TR 12668 Exhibit 4 SECTION 01700 PROJECT CLOSE OUT IJ;Li>iiCe3 �>•1_�G7_L1 1.01 DESCRIPTION A. Comply with requirements stated in Conditions of the Contract and in Specifications for administrative procedures in closing out the work. B. The items listed in this Section shall not be considered as a complete listing and shall in no way limit requirements that may be stated in other parts of the Contract Documents, but rather should be considered as an aid in preparing for final inspection and project close out. 1.02 RELATED REQUIREMENTS A. All applicable sections of the Specifications. B. Conditions of the Contract. 1.03 SUBSTANTIAL COMPLETION A. When CONTRACTOR considers the work is substantially complete, CONTRACTOR shall submit to OWNER's Representative. 1. A written notice that the work, or designated portion thereof, is substantially complete. 2. A list of items to be completed or corrected. B. Within a reasonable time after receipt of such notice, OWNER's Representative and ENGINEER will make an inspection to determine the status of completion. C. Should OWNER's Representative determine that the work is not substantially complete: 1. OWNER's Representative will promptly notify the CONTRACTOR in writing, giving the reasons therefore. 2. CONTRACTOR shall remedy the deficiencies in the work, and send a second written notice of substantial completion to the OWNER's Representative. 3. OWNER's Representative and ENGINEER will reinspect the work. D. When OWNER's Representative and ENGINEER concur that the work is substantially complete, OWNER's Representative will: 1. Prepare a Certificate of Substantial Completion form accompanied by CONTRACTOR's list of items to be completed or corrected, as verified and amended by the OWNER's Representative. 2. Submit the Certificate to the OWNER and the CONTRACTOR for their written acceptance of the responsibilities assigned to them in the Certificate. TR 12668 Exhibit 4 1.04 FINAL INSPECTION A. When CONTRACTOR considers the work is complete, CONTRACTOR shall submit written certification that: 1. Contract Documents have been reviewed. 2. Work has been inspected for compliance with Contract Documents. 3. Work has been completed in accordance with Contract Documents. 4. Equipment and systems have been tested in the presence of the OWNER's Representative and are operational. 5. Work is completed and ready for final inspection. B. OWNER's Representative and ENGINEER will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should OWNER's Representative and ENGINEER consider that the work is incomplete and defective: 1. OWNER's Representative will promptly notify the CONTRACTOR, in writing, listing the incomplete or defective work. 2. CONTRACTOR shall take immediate steps to remedy the stated deficiencies, and send a second written certification to OWNER's Representative that the work is complete. 3. OWNER's Representative and ENGINEER will reinspect the work. D. When the OWNER's Representative find that the work is acceptable under the Contract Documents, CONTRACTOR shall request the CONTRACTOR to make closeout submittals. 1.05 REINSPECTION FEES A. Should OWNER's Representative perform re -inspections due to failure of the work to comply with the claims of status of completion made by the CONTRACTOR: OWNER will compensate OWNER's Representative and ENGINEER for such additional services. 2. OWNER will deduct the amount of such compensation from the final payment to the CONTRACTOR. 1.06 CONTRACTOR'S CLOSEOUT SUBMITTALS TO OWNER'S REPRESENTATIVE A. Evidence of compliance with requirements of governing authorities. 1. Certificate of Occupancy. 2. Certificates of Inspection. TR 12668 Exhibit 4 (a) Mechanical (b) Electrical (c) Other, as may be required. B. Project Record Documents: To requirements of Section 01720. C. Evidence of Payment and Release of Liens: To requirements of General and Supplementary General Conditions. D. Certificate of Insurance for Products and Completed Operations. 1.07 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to OWNER's Representative. B. Statement shall reflect all adjustments to the Contract Sum: 1. The original Contract Sum. 2. Additions and deductions resulting from: (a) Previous Change Orders. (b) Allowances. (c) Unit Prices. (d) Deductions for uncorrected work. (e) Penalties and Bonuses. (f) Deductions for liquidated damages. (g) Deductions for re -inspection payments. (h) Other adjustments. 3. Total Contract Sum, as required. 4. Previous payments. 5. Sum remaining due. C. OWNER's Representative will prepare a final Change Order, reflecting approved adjustments to the Contract Sum which were not previously made by Change Orders. 1.08 FINAL APPLICATION FOR PAYMENT A. CONTRACTOR shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. TR 12668 Exhibit 4 PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION TR 12668 Exhibit 4 DOCUMENT 01720 PROJECT RECORD DOCUMENTS PART 1 —GENERAL 1.01 REQUIREMENTS INCLUDED A. Maintain at the site for Owner review one record copy of: 1. Drawings 2. Specifications 3. Addenda 4. Change Orders and other Modifications to the Contract 5. Engineer's Field Orders or Written Instructions 6. Approved Shop Drawings, Working Drawings, and Samples 7. Field Test Reports 1.02 RELATED REQUIREMENTS A. Section 01340: Submittals and Substitutions B. Section 01700: Contract Closeout 1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store documents and samples in Contractor's field office apart from documents used for construction. B. File documents and samples in accordance with CSI format number system. C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for inspection by the Engineer. E. As a prerequisite for monthly progress payments, the Contractor is to exhibit the currently updated "record documents" for review by the Engineer and the Owner. 1.04 RECORDING A. Label each document "PROJECT RECORD" in neat large printed letters. B. Record information concurrently with construction progress. C. Drawings; Legibly mark record actual construction: 1. Field changes of dimensions and details. 2. Changes made by Field Order or by Change Order. 3. Details not on original contract drawings. TR 12668 Exhibit 4 D. Specifications and Addenda; legibly mark each Section to record: 1. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. 2. Changes made by field order or by Change Order. E. Shop Drawings (after final review and approval): 1. One set of record shop drawings for each process equipment, piping, (including casings) electrical system and instrumentation system. F. Certified site survey and line elevations, and stationing at increments by registered surveyor. 1.05 SUBMITTAL A. At close-out, deliver Record Documents to the Engineer for the Owner. B. In addition to three (3) signed and sealed hard copies, Contractor shall provide one (1) copy of as-builts in digital format compatible with AutoCAD. Digital format shall meet the City requirements. C Accompany submittal with transmittal letter in duplicate, containing: 1. Date 2. Project Title and Number 3. Contractor's Name and Address 4. Title and Number of each Record Document 5. Signature of Contractor or his Authorized Representative PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION TR 12668 Exhibit 4 SECTION 02010 SUBSURFACE INVESTIGATION PART 1 - GENERAL 1.01 RESPONSIBILITY A. Subsurface investigation and underground utility location shall be exclusively the Contractor's responsibility. Utility companies were contacted during the design. The information shown on the plans is based on those contacts: however the contractor must do his own investigation. No responsibility is assumed by the Owner nor Engineer as to the location of underground utilities or underground features. No claim for additional compensation or time shall be allowed due to any circumstance related to subsurface conditions. B. Copies of site soil identification borings performed for the City are available. PART 2 — PRODUCTS Not Used PART 3 — EXECUTION OF WORK Not Used END OF SECTION TR 12668 Exhibit 4 PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and Division 1 - General Requirements shall govern the work under this section. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the site demolition work, as indicated on the drawings, as specified herein or both, except as for items specifically indicated as "NIC ITEMS." 1.03 RELATED WORK A. Section 02300 - Earthwork. B. All applicable Sections under Divisions 1, 2, and 3. 1.04 QUALITY ASSURANCE A. Demolition contractor qualifications: Minimum of five (5) years experience in demolition of comparable nature. B. Requirements of All Applicable Regulatory Agencies: 1. All applicable Building Codes and other Public Agencies having jurisdiction upon the work. 1.05 SUBMITTALS A. Certificates of severance of utility services. B. Permit for transport and disposal of debris. C. Demolition procedures and operational sequence for review and acceptance by ENGINEER. 1.06 JOB CONDITIONS A. Existing Conditions 1. The demolition work shall be done as indicated on the construction plans. 2. Remove all demolition debris from the site the same day the work is performed. Leave no deposits of demolished material on site over night. 3. Structural demolition, excavation, backfill and compaction as indicated in drawings. TR 12668 Exhibit 4 B. Protection: 1. Erect barriers, fences, guard rails, enclosures, and shoring to protect personnel, structures, and utilities remaining intact. 2. Protect designated trees and plants from damages. 3. Use all means necessary to protect existing objects and vegetation designated to remain, and, in the event of damage, immediately make all repairs, replacements and dressings to damaged plants necessary, to the approval of the ENGINEER at no additional cost to the OWNER. C. Maintaining Traffic: 1. Ensure minimum interference with roads, streets, driveways, sidewalks, and adjacent facilities. 2. Do not close or obstruct streets and sidewalks without written approval from the ENGINEER. 3. If required by governing authorities, provide alternate routes around closed or obstructed traffic ways. D. Dust Control: 1. Use all means necessary for preventing dust from demolition operations from being a nuisance to adjacent property owners. Methods used for dust control are subject to approval by the ENGINEER prior to use. E. Burning: 1. Burning will not be permitted. F. No explosives will be permitted. 1.07 GENERAL ITEMS A. Scope of work shall comprise the following: Provide all labor, materials, necessary equipment and services to complete the demolition and clearing work, as indicated on the contract plans, and as specified herein. B. The CONTRACTOR shall provide references to the OWNER to demonstrate a minimum of five years experience in demolition of a comparable nature. Current occupational licenses held by CONTRACTOR shall be submitted to OWNER. C. The CONTRACTOR shall be responsible for adherence to all applicable codes of all regulatory agencies having jurisdiction upon the works. 1.08 PRE -DEMOLITION MEETING A. A meeting shall be held with the OWNER or his representative at the jobsite to describe TR 12668 Exhibit 4 intended demolition and cleaning procedures and schedules. This shall include identifying access routes for bringing necessary equipment in, removing debris from site, and designation of any trees, drives or other items to remain. 1.09 EXISTING CONDITIONS A. The CONTRACTOR shall become thoroughly familiar with the site, and of existing utilities and their connections, and note all conditions which may influence the work. B. By submitting a bid, the CONTRACTOR affirms that CONTRACTOR has carefully examined the site and all conditions affecting work. No claim for additional costs will be allowed because of lack of full knowledge of existing conditions. C. The removal of A.C. pipe shall be done in strict compliance with local, state, and federal regulations. The OWNER shall be notified immediately by the CONTRACTOR should any hazardous materials be discovered during demolition. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.01 INSPECTION A. Verify that structures to be demolished are discontinued in use and ready for removal. B. Do not commence work until all conditions and requirements of all applicable public agencies are complied with. 3.02 PREPARATION A. Arrange for, and verify termination of utility services to include removing meters and capping lines. B. Notification: Notify the OWNER at least three (3) full working days prior to commencing the work of this Section. 3.03 CLARIFICATION A. The drawings do not purport to show all objects existing on the site. B. Before commencing the work of this Section, verify with the OWNER all objects to be removed and all objects to be preserved. 3.04 SCHEDULING A. Schedule all work in a careful manner with all necessary consideration for the public and the OWNER. TR 12668 Exhibit 4 B. Avoid interference with the use of, and passage to and from, adjacent facilities. 3.05 DISCONNECTION OF UTILITIES A. Before starting site operations, disconnect or arrange for the disconnection of all effected utility service. Arrange and pay for disconnecting, removing, capping, and plugging utility services. Disconnect and stub off. Notify affected utility company in advance and obtain approval before starting this work. 2. Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction. 3. Place markers to indicate location of disconnected services. 4. On -site drainage structures and drain fields shall be removed in their entirety by methods approved by the OWNER's representative. 3.06 PROTECTION OF EXISTING STRUCTURES AND UTILITIES A. Utility Services: Maintain existing off -site utilities, keep in service, and protect against damage during demolition operations. B. Prevent movement or settlement of adjacent structures. Provide and place bracing or shoring and be responsible for safety and support of structures. Assume liability for such movement, settlement, damage, or injury. C. Cease operations and notify OWNER immediately if safety of adjacent structures appears to be endangered. Take precautions to properly support structures. Do not resume operations until safety is restored. D. Prevent movement, settlement, damage, or collapse of adjacent services, sidewalks, driveways and trees. Assume liability for such movement, settlement, or collapse. Promptly repair damage at no cost to the OWNER. E. Ensure safe passage of persons around areas of demolition. 3.07 MAINTAINING TRAFFIC A. Do not interfere with use of adjacent buildings and facilities. Maintain free and safe passage to and from. Conduct demolition operations and removal of debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks, or other occupied or used facilities without permission from authorities having jurisdiction. Provide alternate routes around closed or obstructed travel ways if required by governing authorities. 3.08 POLLUTION CONTROLS A. Use water sprinkling, temporary enclosures, and other suitable methods to limit dust and dirt rising and scattering in air to lowest practical level. Comply with governing TR 12668 Exhibit 4 regulations pertaining to environmental protection. B. Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition operations as directed by the OWNER or his representative or governing authorities. Return adjacent areas to condition existing prior to start of work. 3.09 INSPECTION AND PREPARATION A. Verify that structures to be demolished are discontinued in use and ready for removal. B. Do not commence work until all conditions and requirements of all applicable public agencies are complied with. C. Arrange for, and verify termination of utility services to include removing meters and capping lines. D. The drawings do not purport to show all objects existing on the site; at the pre -demolition meeting before commencement of the work, verify with the OWNER all objects to be removed and all objects to be preserved. 3.10 DEMOLITION A. Pull out any existing utility lines designated for abandonment, irrigation, electrical lines, pull boxes and splice boxes, manholes and catch basins to be removed and all other objects designated to be removed or interfering with the work. Contact the utility company or agency involved for their requirements for performing this work. No equipment and materials shall be allowed to remain in the work area after the day it was removed. B. Remove all debris from the site and leave the site in a neat, orderly condition to the full acceptance of the ENGINEER, or the OWNER. No debris shall be left on the site over night. C. Clear and Grub and dispose of all trees, shrubs and other organic matter not otherwise addressed on tree removal and relocation plans and specifications. 3.11 DEMOLITION OF SITE STRUCTURES A. Demolish all site structure items designated to be removed or which are required to be removed to perform the work. This item does not include buildings. 3.12 REMOVAL OF DEBRIS AND DISPOSAL OF MATERIAL A. Material resulting from demolition and not scheduled for salvaging shall become the property of the CONTRACTOR and shall be removed from site and legally disposed of off -site. Disposal shall be timely, performed as promptly as possible and not left until the final cleanup. Material shall not be left on the job site for more than 60 days. B. Remove from site contaminated, vermin infested, or dangerous materials encountered and dispose of by safe means so as not to endanger health of workers and public. TR 12668 Exhibit 4 C. Burning of removed materials from demolished structures will not be permitted. 3.13 COMPLETION OF WORK A. Leave the site in a neat, orderly condition to the full acceptance of the OWNER. B. Dirt remaining after demolition shall be graded level and compacted, in preparation for filling operations to follow demolition. Trenches shall be filled in layers of 12" maximum thickness and compacted in accordance with the technical specifications applicable to backfilling of trenches. END OF SECTION TR 12668 Exhibit 4 SECTION 02100 SITE PREPARATION PART 1 - GENERAL 1.01 WORK INCLUDED A. Section covers cleaning, grubbing, stripping and demucking of the construction site, complete as specified herein. B. Clear and demuck the areas within the limits of construction as required, including drainage easements. The width of the area to be cleared and demucked shall be established by the Engineer prior to the beginning of any work. 1.02 RELATED WORK A. Section 02220: Structural Excavation, Backfill & Compaction PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION 3.01 CLEARING A. The surface of the ground, for the area to be cleared and grubbed shall be completely cleared of all timber, brush, stumps, roots, grass, weeds, rubbish and all other objectionable obstructions resting on or protruding through the surface of the ground. However, those tress which are designated by the Engineer shall be preserved as hereinafter specified. Clearing operations shall be conducted so as to prevent damage to existing structures and installations, and to those under construction, so as to provide for the safety of employees and others. Clearing for structures shall consist of topsoil and vegetation removal. Clearing for pipelines shall consist of vegetation removal. 3.02 GRUBBING A. Grubbing shall consist of the complete removal of all stumps, roots larger than 1 %2 inches in diameter, mattered roots, brush, timber, logs and any other organic or metallic debris resting on, under or protruding through the surface of the ground to a depth of 18 inches below the subgrade. All depressions excavated below the original ground surface for or by the removal of such objects, shall be refilled with suitable materials and compacted to a density conforming to the surrounding ground surface. 3.03 STRIPPING A. In areas so designated, top soil, not muck shall be stockpiled. Topsoil so stockpiled shall be protected until it is placed as specified. Any topsoil remaining after all work is in place shall be disposed or by the Contractor. 3.04 DEMUCKING TR 12668 Exhibit 4 A. When encountered, organic material (muck) shall be excavated and removed. This material may be stockpiled temporarily, but must be disposed of as directed by the Engineer or the Owner. 3.05 DISPOSAL OF CLEARED AND GRUBBED MATERIAL A. The Contractor shall dispose of all material and debris from the clearing and grubbing operation by shipping such material and debris and disposing such material to a suitable location as required by the Engineer or the governmental agencies. Disposal by deep burial will not be permitted. The cost of disposal of material (including hauling) shall be considered a subsidiary obligation of the Contractor, the cost of which shall be included in the contract prices. 3.06 PRESERVATION OF TREES A. Those trees which are designated by the Engineer or as shown on the drawings for preservation shall be carefully protected from damage. The Contractor shall erect such barricades, guards, and enclosures as may be considered necessary by him for the protection of the trees during all construction operations. 3.07 PRSERVATION OF DEVELOPED PRIVATE PROPERTY A. The Contractor shall exercise extreme care to avoid necessary disturbance of developed private property as applicable. Trees, shrubbery, gardens, lawn and other landscaping, which in the opinion of the Engineer must be removed, shall be replaced and replanted to restore the construction easement to the condition existing prior to construction. B. All soil preparation procedures and replanting operations shall be under the supervision of nurseryman experienced in such operations. C. Improvements to the land such as fences, walls, outbuildings, etc., which of necessity must be removed shall be replaced with equal quality materials and workmanship. D. The Contractor shall clean up the construction site across developed private property directly after construction is complete upon approval of the Engineer. 3.08 PRESERVATION OF PUBLIC PROPERTY A. The appropriate paragraphs of Articles 3.06 and 3.07, of these specifications shall apply to the preservation and restoration of all damaged areas of public lands, rights -of -way, easements, etc. END OF SECTION TR 12668 Exhibit 4 SECTION 02151 SHORING AND BRACING OF EXCAVATIONS PART 1- GENERAL 1.01 WORK INCLUDED A. Work included: Provide shoring at excavations and else where as required to protect workmen, materials, other properties, and the public. 1.02 RELATED WORK A. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. B. As established in the General Conditions of the Contract, the Contractor is solely responsible for means and methods of construction and for the sequences and procedures to be used. 1.03 QUALITY ASSURANCE A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are familiar with the specified requirements and the methods required for proper performance of the work of this Section. B. Employ a Professional Engineer registered in the State of Florida, who is qualified to design the shoring system and to inspect and report on the quality of its construction. All drawings must bear the signature and seal of this engineer. C. Comply with pertinent requirements of governmental agencies having jurisdiction, specifically the Florida Trench Safety Act. D. The shoring design and construction shall take into consideration all the information regarding the following: 1. Soil investigation report prepared for this Work. 2. Existing Utilities. 1.04 SUBMITTALS A. Comply with pertinent provisions of "Submittals and Substitutions". B. Submit shoring design for approval by Owner. 1. Should changes in the shoring design be required coordinate all such changes with the Engineer and secure the Owner. TR 12668 Exhibit 4 PART 2 - PRODUCTS 2.01 MATERIALS, GENERAL A. Provide list of materials as required for the shoring system. PART 3 - EXECUTION 3.01 SURFACE CONDITIONS A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 3.02 DESIGN A. Design a shoring system which will safely and adequately prevent collapse of adjacent materials and which will permit construction of the Work to the arrangement shown on the Drawings. B. Secure approval from Owner. 3.03 INSTALLATION A. Construct and install the shoring system in accordance with the design as approved by the Owner. END OF SECTION TR 12668 Exhibit 4 SECTION 02211 ROCK AND BOULDER EXCAVATION PART 1 - GENERAL 1.01 WORK INCLUDED A. Section includes the excavation, disposal and replacement of rock and boulders. 1.02 DEFINITIONS A. Rock excavation shall mean rock which, in the opinion of the Engineer, requires for its removal, drilling, wedging, sledging, or barring. B. Boulder excavation shall mean boulders exceeding 1-cubic yard in volume which can be excavated without resorting to blasting. PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION 3.01 BLASTING A. Blasting will not be permitted on this project due to the nearby proximity structures. 3.02 DISPOSAL AND REPLACEMENT OF ROCK A. Trench excavation, consisting of rock and boulders exceeding 50-pounds in weight, and smaller fragments when directed by the Engineer, shall not be used for backfilling. Rock disposed by washing shall be replaced by available surplus excavation. Approved borrow to supply any deficiency of canal backfill shall be provided by the Contractor without additional payment. B. Fragments of ledge and boulders smaller than 50-pounds in weight may be used in backfilling pipe trenches to the extent approved by the Engineer. The small fragments of rock used as backfill shall not be placed in the trench until the pipe has at least 2-feet of earth cover. The Contractor shall place stone in these layers on the sides of the trench, alternating with earth to fill voids and prevent settlement in the trench. Backfilling trench is further specified under Section 02221. Nesting of rock fragments will not be permitted and will be removed as directed by the Engineer. END OF SECTION TR 12668 Exhibit 4 SECTION 02220 STRUCTURAL EXCAVATION, BACKFILL & COMPACTION PART 1 - GENERAL 1.01 WORK INCLUDED A. Section includes, except as elsewhere provided, excavation, filling and grading under and around structures to the subgrades and grades indicated on the Drawings. B. Supplemental Foundation and Site Preparation Notes may be indicated on the Structural Drawings. 1.02 RELATED WORK A. Document 00700: General Conditions B. Section 02100: Site Preparation 1.03 QUALITY ASSURANCE A. Codes and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. B. Testing and Inspection Service: The Owner will engage soil testing and inspection service for quality control testing during earthwork operations. 1.04 JOB CONDITIONS A. The Contractor shall examine the site and review the available test borings or undertake his own soil borings prior to submitting his bid, taking into consideration all conditions that may affect his work. The Owner and Engineer will not assume responsibility for variations of subsoil quality or conditions at locations other than places shown and at the time the investigation was made. B. Existing Utilities: Locate existing underground utilities in the areas of work. If utilities are to remain in place, provide adequate means of protection during earthwork operations. 1. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult the Engineer and the Owner of such piping or utility immediately for directions. 2. Cooperate with the Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. 3. Demolish and completely remove from site existing underground utilities indicated on the Drawings to be removed. C. Protection of Persons and Property: Barricade open excavations occurring as part of this work and post with warning lights. Operate warning lights as recommended by authorities having jurisdiction. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. TR 12668 Exhibit 4 1.05 PROTECTION A. Sheeting and Bracing in Excavations: 1. In connection with the construction of below grade structures, the Contractor shall construct, brace, and maintain cofferdams consisting of sheeting and bracing as required to support the sides of excavations, to prevent any movement which could in any way diminish the width of the excavation below that necessary for proper constriction, and to protect adjacent structures, existing piping and foundation material from disturbance, undermining, or other damage. Care shall be taken to prevent voids outside of the sheeting, but if voids are formed, they shall be immediately filled and rammed. 2. All sheeting and bracing not left in place shall be carefully removed in such a manner as not to endanger the construction of other structures, utilities, existing piping, or property. Unless otherwise approved or indicated on the Drawings or in the Specifications, all sheeting and bracing shall be removed after completion of substructure, care being taken not to disturb or otherwise injure the finished structures. All voids left or caused by withdrawal of sheeting shall be immediately refilled with sand by ramming with tools especially adapted to that purpose, by watering or otherwise as may be directed. 3. The right of the Engineer to order sheeting and bracing left in place shall not be construed as creating any obligation on his part to issue such orders, and his failure to exercise his right to do so shall not relieve the Contractor from liability for damages to persons or property occurring from or upon the work occassioned by negligence or otherwise, growing out of failure on the part of the Contractor to leave in place sufficient sheeting and bracing to prevent any caving or moving of the ground. 4. The Contractor shall construct the cofferdams and sheeting outside the neat lines of the foundations unless indicated otherwise to the extent, he deems it desirable for his method of operation. Sheeting shall be plumb and securely braced and tied in position. Sheeting, bracing and cofferdams shall be adequate to withstand all pressures to which the structure will be subjected. Pumping, bracing, and other work within the cofferdams shall be done in a manner to avoid disturbing any construction of the masonry enclosed. Any movement or bulging which may expense so as to provide the necessary clearances and dimensions. 5. Drawings of the cofferdams and design computations shall be submitted to the Engineer for approval, and construction shall not be started until such drawings are approved. However, approval of these drawings shall not relieve the Contractor of the responsibility for the cofferdam. The drawings and computations shall be prepared and stamped by a Registered Professional Engineer in the State of Florida and shall be in sufficient detail to disclose the method of operation for each of the various stages of construction, if required, for the completion of the substructures. B. Dewatering, Drainage and Floatation: The Contractor shall construct and place all concrete work, structural fill, bedding rock, and limerock base course, in -the -dry. In addition, the Contractor shall make the final 24-inches of excavation for this work in -the -dry and not until the water level is a minimum of 12-inches below proposed bottom of excavation. TR 12668 Exhibit 4 2. The Contractor shall, at all times during construction, provide and maintain proper equipment and facilities to remove promptly and dispose of property all water entering excavations and keep such excavations dry so as to obtain a satisfactory undisturbed subgrade foundation condition until the fill and structure to be built thereon have been completed to such extent that they will not be floated or otherwise damaged by allowing water levels to return to natural elevations. 3. Dewatering shall at all times be conducted in such a manner as to preserve the natural undisturbed bearing capacity of the subgrade soils at proposed bottom of excavation. 4. Wellpoints may be required for predrainage of the soils prior to final excavation for some of the deeper in -ground structures, and for maintaining the lowered groundwater level until construction has been completed to such an extent that the structure or fill will not be floated or otherwise damaged. Wellpoints shall be surrounded by suitable filter sand and no fines shall be removed by pumping. Pumping from wellpoints shall be continuous and standby pumps shall be provided. 5. The Contractor shall furnish all materials and equipment and perform all work required to install and maintain the drainage systems he proposes for handling groundwater and surface water encountered during construction of structures and compacted fills. 6. If requested by the Engineer, the Contractor's proposed method of dewatering shall include a groundwater observation well at each structure to be used to determine the water level during construction of the structure. Locations of the observation wells shall be at structures as approved by the Engineer prior to their installation. The observation wells shall be extended to 6-inches above finished grade, capped with screw -on caps protected by 24" x 24" wide concrete base, and left in place at the completion of this Project. 7. Prior to excavation, the Contractor shall submit his proposed method of dewatering and maintaining dry conditions to the Engineer for approval. However, such approval shall not relieve the Contractor of the responsibility for the satisfactory performance of the system. The contractor shall be responsible for correcting any disturbance or natural bearing soils or damage to structures caused by an inadequate dewatering system or by interruption of the continuous operation of the system as specified. 8. As part of his request for approval of a dewatering system, the Contractor may be requested to demonstrate the adequacy of the proposed system and wellpoint filter sand by means of a test installation. Discharge water shall be clear, with no visible soil particles in a one -quart sample. 9. During backfilling and construction, water levels shall be measured in observation wells located as directed by the Engineer. 10. Continuous pumping will be required as long as water levels are required to be below natural levels. 1.06 SUBMITTALS A. The Contractor shall furnish the Engineer, for approval, a representative sample of fill material obtained from on -site sources at least 10-calendar days prior to the date of anticipated use of such material. B. For each material obtained from other than on -site sources, the Contractor shall notify the Engineer of the source of the material and shall furnish the Engineer, for approval, a representative sample at least 10-calendar days prior to the date of anticipated use of such material. TR 12668 Exhibit 4 PART 2 — PRODUCTS 2.01 MATERIALS A. General: 1. Materials for use as base, fill and backfill shall be as described below. a. Satisfactory soil materials are defined as those complying with American Association of State Highway and Transportation Officials (AASHTO) M- 145, soil classification Groups A-1, A-2-4, A-2-5 and A-3. b. Unsatisfactory soil materials are those defined in AASHTO M-145 soil classification Groups A-2-6, A-2-7, A-4, A-5, A-6 and A-7 along with peat and other highly organic soils. 2. Materials shall be furnished as required from off site sources and hauled to the site. B. Structural Fill: Structural fill material shall be satisfactory soil material consisting of a minimum of 60 percent clean medium to fine grain sized quartz sand, free of organic, deleterious and compressible material. Rock in excess of 2-1/2-inches in diameter shall not be used in the fill material. Structural fill shall not contain hardpan, stones, rocks, cobbles or other similar materials. C. Crusher -Run Gravel: 1. The impervious aggregate base, crusher -on gravel, subbase or shoulder course material shall be uniform quality throughout. The material retained on the No. 10 sieve shall be composed of aggregate meeting the requirements for Class A or B coarse aggregate, except the percent of soft fragments allowed shall be as shown in the requirements below. To be used only if requested by Contractor and approved by Engineer. 2. The impervious aggregate may be produced from an approved quarry source, or bank or pit deposit, which will yield a satisfactory mixture conforming to all requirements of these specifications after it has been crushed or processed as a part of the mining operations, or the material may be furnished in two sizes of such gradation that when combined in the central mix plant the resultant mixture shall conform to the required specifications. Impervious aggregate base, subbase or shoulder material shall conform to the following requirements: a. Gradation, Percent by Weight Passing Each Sieve. 12" Sieve 100 3/" Sieve 60-100 No. 10 Sieve 30- 55 No. 60 Sieve 8- 35 No. 200 Sieve 5- 20 Test on Material Passing No. 10 Sieve Volume Change, Percent 0-18. Test on Material Retained on 3/8 Sieve Soft Fragments, Percent 0-30. TR 12668 Exhibit 4 3. Method of tests shall be in accordance with the following: Gradation AASH O: T27 Volume Change GHD: 6 Soft Fragments AASHTO: T-189 D. Limerock Base Course: 1. Limerock shall not contain cherty or other extremely hard pieces, or lumps, or balls or pockets of sand material in sufficient quantity as to be detrimental to the proper bonding, finish or strength of the limerock base. 2. Gradation and Size Limits: At least 97-percent (by weight of the material shall pass a 3-1/2-inch sieve and the material shall be graded uniformly down to dust. The fine material shall consist of dust of fracture. All crushing or breaking up which might be necessary in order to meet such size requirements shall be done before the material is in place. E. Common Fill: 1. Common fill material shall be satisfactory soil material containing no more than 20-percent by weight finer than No. 200-mesh sieve. It shall be free from organic matter, muck, marl, and rock exceeding 2-1/2-inches in diameter. Common fill shall not contain broken concrete, masonry, rubble or other similar material. 2. Material falling within the above specification, encountered during the excavation, may be stored in segregated stockpiles for reuse. All material which, in the opinion of the Engineer, is not suitable for reuse shall be spoiled as specified herein for disposal of unsuitable materials. F. Bedding Rock: Bedding rock shall be 3/8" to 3/4-inch washed and graded limerock. This rock shall be graded so that 99-percent will pass a 3/4-inch screen and 80-percent will be retained on a No. 8 screen. PART 3 — EXECUTION 3.01 INSPECTION A. Examine the areas and conditions under which excavating, filling, and grading are to be performed. Do not proceed with the work until unsatisfactory conditions have been corrected. B. Examine and accept existing grade of walks, pavements and steps prior to commencement of work and report to Engineer if elevations of existing subgrade substantially vary from elevations shown on the Drawings. 3.02 EXCAVATION A. Excavation consists of removal and disposal of material encountered when establishing required grade elevations. TR 12668 Exhibit 4 B. Excavation Classifications: The following classifications of excavation will be made when unanticipated rock excavation or unclassified excavation is encountered in the work. Do not perform such work until material to be excavated has been cross - sectioned and classified by Engineer or specialized geotechnical consultant. 1. Authorized earth excavation includes removal and disposal of pavements and other obstructions visible on ground surface, underground structures and utilities indicated to be demolished and removed, material of any classification indicated in soil boring date on subsurface conditions, and other materials encountered that are not classified as rock excavation or unauthorized excavation. 2. Unauthorized excavation consists of removal of material beyond the limits needed to establish required grade and subgrade elevations without specific direction of Engineer. Unauthorized excavation, as well as remedial work directed by the Engineer shall be at the Contractor's expense. a. Under footings and foundation bases, fill unauthorized excavation by extending the indicated bottom elevation of the footing or base to the excavation bottom, without altering required top elevation. Lean (unreinforced) concrete fill may be used to bring bottom elevations to proper position, when acceptable to Engineer. Reinforcement shall be placed as needed or directed by the Engineer. b. Elsewhere, backfill and compact unauthorized excavations as specified for authorized excavations of same classifications, unless otherwise directed by Engineer. C. Additional Excavation: When excavation has reached required subgrade elevations, notify the Engineer who will reserve the right to contact a specialized geotechnical consultant and make an inspection of conditions. 1. If unsuitable bearing materials are encountered at the required subgrade elevations, carry excavations deeper and replace the excavated material as directed by the Engineer. 2. Removal of unsuitable material and its replacement as directed beyond the authorized limits will be paid on the basis of contract conditions relative to changes in work. D. Stability of Excavations: Slope sides of excavations to comply with local codes and ordinances having jurisdiction or as shown on the Drawings. Shore and brace where sloping is not possible because of space restrictions or stability of material excavated. 1. Maintain sides and slopes of excavations in a safe condition until completion of backfilling. E. Shoring and Bracing: Provide materials for shoring and bracing, such as sheet piling, uprights, stringers and cross -braces, in good serviceable condition. 1. Establish requirements for trench shoring and bracing to comply with local codes and authorities having jurisdiction. 2. Maintain shoring and bracing in excavations regardless of time period excavations will be open. Carry down shoring and bracing as excavation progresses. TR 12668 Exhibit 4 F. Dewatering: Prevent surface water and subsurface or groundwater from flowing into excavations and from flooding project site and surrounding area. Maintain groundwater table level a minimum of one -foot below excavation level. 1. Do no allow water to accumulate in excavations. Remove water to prevent softening of foundation bottoms, undercutting footings, and soil changes detrimental to stability of subgrades and foundations. Provide and maintain pumps, wellpoints, sumps, suction and discharge lies, and other dewatering system components necessary to convey water away from excavations. 2. Convey water removed from excavations and rainwater to collecting or run-off areas. Establish and maintain temporary drainage ditches and other diversions outside excavation limits for each structure. Do not use trench excavations as temporary drainage ditches. 3. While dewatering for new Construction in the vicinity of existing structures, depletion of the groundwater level underneath these existing structures may cause settlement. To avoid this settlement, the groundwater level under these structures shall be maintained by appropriate methods of construction as approved by the Engineer. G. Material Storage: Stockpile satisfactory excavated materials where directed, until required for backfill or fill. Place, grade, and shape stockpiles for proper drainage. 1. Locate and retain soil materials away from edge of excavations. 2. Dispose of excess soil material and waste materials as herein specified. H. Excavation for Structures: Conform to elevations and dimensions shown within a tolerance of plus or minus 0.10 feet, and extending a sufficient distance from footings and foundations to permit placing and removal of concrete formwork, installation of services, other construction, and for inspection, or as shown on the Drawings. 1. In excavating for footings and foundations, take care not to disturb bottom of excavation. Excavated by hand to final grade just before concrete reinforcement is placed. Trim bottoms to required lines and grades to leave solid base to receive concrete. 2. Do not excavate to the bearing levels designated on the drawings until surface compaction is completed. 3.03 BACKFILL AND FILL A. General: Place material in layers to required subgrade elevations, for each area classification listed below. 1. Structural fill shall be used below spread footing foundations, slab -on grade floors, and other structures and as backfill within three feet of the below grade portion of structures. 2. Crusher -run gravel shall be used under and around drainage sumps. It can be used at the request of the Contractor and if approved by the Engineer as base material for areas approved by the Engineer. 3. Limerock base course shall be used under roadways, parking areas, and walks and for riprap. Limerock base course may be used by the Contractor at other similar locations if approved by the Engineer or indicated on the Drawings. 4. Common fill shall be used at all other locations. 5. Bedding rock shall be used for pipe bedding, under and around manhole base and at other locations indicated on the Drawings or approved by the Engineer. TR 12668 Exhibit 4 B. Backfill excavations as promptly as work permits, but not until completion of the following: 1. Acceptance by Engineer of construction below finish grade including, where applicable, dampproofing, waterproofing, and perimeter insulation. 2. Inspection, testing, approval, and recording locations of underground utilities. 3. Removal of concrete formwork. 4. Removal of shoring and bracing, and backfilling of voids with satisfactory materials. 5. Removal of trash and debris. 6. Permanent or temporary horizontal bracing is in place on horizontally supported walls. Layout and location of bracing shall consider loads of the structure as well as the effects of the soil and groundwater. C. Ground Surface Preparation: Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. Plow strip, or break-up sloped surfaces steeper than 1 vertical to 4 horizontal so that fill material will bond with exisitng surface. 1. When existing ground surface has a density less than that specified under "Compaction" for the particular area classification, break up the ground surface, pulverize, moisture -condition to the optimum moisture content, and compact to required depth and percentage of maximum density. D. Fill Placement: 1. Material placed in fill areas under and around structures shall be deposited within the lines and to the grades shown on the Drawings or as directed by the Engineer, making due allowance for settlement of the material. Backfill shall be carried up evenly on all walls of an individual structure simultaneously with no more than a two -foot elevation variation allowed. Fill with no more than a two -foot elevation variation allowed. Fill shall be placed only on properly prepare surfaces which have been inspected and approved by the Engineer. 2. Fill material can be obtained from cut areas within the construction project site. If sufficient satisfactory soil material is not available from excavation on site, the Contractor shall provide fill material as may be required from off -site sources at no additional cost to the Owner. 3. Fill shall be brought up in substantially level lifts throughout the site, starting in the deepest portion of the fill. The entire surface of the work shall be maintained free from ruts, and in such condition that construction equipment can readily travel over any section. Fill shall not be placed on surfaces that are muddy or against concrete structures until they have attained sufficient strength. 4. Fill shall be dumped and spread in layers by a bulldozer or other approved method. During the process of dumping and spreading, all roots, debris, and stones greater in size than specified under Materials, shall be removed from the fill areas, and the Contractor shall assign a sufficient number of men to this work to insure satisfactory compliance with these requirements. 5. If the compacted surface of any layer of material is determined to be too smooth to bond properly with the succeeding layer, it shall be loosened by harrowing or by another approved method before the succeeding layer is placed. TR 12668 Exhibit 4 6. All fill materials shall b Contractor shall dewater work and in such manne natural inorganic soils. 3.04 COMPACTION e r placed and compacted "in -the -dry." The excavated areas as required to perform the as to preserve the undisturbed state of the A. General: Control soil compaction during construction providing minimum percentage of density specified on the structural drawings for each area classification. It shall be the Contractor's responsibility to notify the Engineer in writing that penetration tests can be performed. Written notice from the Contractor shall precede completion of compaction operations by at least 2- working days. B. Percentage of Maximum Density Requirements: 1. Compact soil to not less than the following percentages of maximum dry density in accordance with AASHTO T-180. a. Underneath structures and 5-feet 0-inches around perimeter of foundation: Compact top 12-inches of subgrade and each layer of backfill or fill material at 98-percent maximum dry density. b. Building Slabs and Footings: Compact top 12-inches of subgrade and each layer of backfill or fill material at 98-percent maximum dry density. C. Lawn or Unpaved Areas: Compact top 6-inches of subgrade 95- percent maximum dry density. d. Walkways: Compact to 6-inches of subgrade 95-percent maximum dry density. e. Pavements and Steps: Compact top 6-inches of subgrade at 98- percent maximum dry density. 2. Moisture content of soil shall be within 2-percent of the optimum. C. Moisture Control: Where subgrade or layer of soil material that is too wet to permit compaction to specified density. 1. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. 2. Soil material that has been removed because it is too wet to permit compaction, but is otherwise satisfactory may be stockpiled or spread and allowed to dry. Assist drying by discing, harrowing or pulverizing until moisture content is reduced to satisfactory value. D. Structural fill shall be placed in layers not more than 9-inches loose depth for material compacted by heavy compaction equipment. Each layer shall be compacted by a minimum of six coverages with the equipment described below, to at least 98 percent of maximum dry density as determined by AASHTO-T-180. Incidental compaction due to traffic by construction equipment will not be credited toward the required minimum coverages. E. Common fill consisting of other than structural fill shall be placed and compacted in a manner similar to that described above for structural fill, with the following exception: layer thickness prior to compaction may be increased the 12-inches in open area; and common fill except dike fill, required below water level in peat excavation areas may be placed as one lift, in -the -wet, to an elevation one foot above the water level at the time of filling. TR 12668 Exhibit 4 F. Compaction of the fill by such means shall be to the same degree of compaction as obtained by rubber -tired or vibratory roller equipment, and the Engineer may make the necessary tests to determine the amount compactive effort necessary to obtain equal compaction. Large compaction equipment shall not be used within-5 feet of structures. Compaction equipment is subject to approval by the Engineer. G. Place fill material in layers not more than 12-inches loose depth for material compacted by hand -operated tampers. Use manually operated sled -type vibratory compactors next to structures and confined areas not accessible to heavy mechanical compaction equipment. H. If the Engineer shall determine that added moisture is required, water shall be applied by sprinkler tanks or other sprinkler systems, which will insure uniform distribution of the water over the area to be treated, distribution of the water over the area to be treated, and give complete and accurate control of the amount of water to be used. If too much water is added, the area shall be permitted to dry before compaction is continued. I. The Contractor shall supply all hose, piping, valves, sprinklers, pumps, sprinkler tanks, hauling equipment, and all other materials and equipment necessary to place the water in the fill in the manner specified. 3.05 GRADING A. General: Uniformly grade -fill areas within limits of project including adjacent transition areas. Smooth finished surface within specified tolerances, compact with uniform levels or slopes between points where elevations are shown, or between such point and existing grades. No soft spots or uncompacted areas will be allowed in the work. B. Grading Outside Building Lines: Grade areas adjacent to Buildings as shown on the Drawings, to drain away from structures and to prevent ponding. Finish surfaces free from irregular surface changes, and as follows: C. Grading Surface of Fill Under Building Slabs: Grade smooth and even, free of voids, compacted as specified, and to required elevation. Provide final grades within a tolerance of 1/2-inch when tested with a 10-foot straightedge. D. Stones or rock fragments larger than 2-1/2-inches in their greatest dimension will not be permitted in the top 6-inches of the subgrade line of all dike, fills or embankments. E. All cut and fill slopes shall be uniformly dressed to the slope, cross section and alignment shown on the Drawings, or as directed by the Engineer to prevent ponding water on driveways, walkways or against structures. F. During grading, protect all buried valved extensions and covers, sprinklers and any other mechanical or structural object protruding from below grade. TR 12668 Exhibit 4 3.06 FIELD QUALITY CONTROL A. Quality Control Testing During Construction: Allow testing service to inspect and approve subgrades and fill layers before further construction work is performed. B. If in the opinion of the Engineer, based on testing service reports and inspection, subgrade or fills, which have been placed, are below specified density, provide additional compaction and testing at no additional expense. 3.07 MAINTENANCE A. Protection of Graded Areas: Protect newly graded areas from traffic and erosion. Keep free of trash and debris. 1. Repair and re-establish grades in settled, eroded, and rutted areas to specified tolerances. B. Reconditioning Compacted Areas: Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify surface, reshape, and compact to required density prior to further construction. 3.08 DISPOSAL OF SURPLUS AND WASTE MATERIAL A. All surplus and unsuitable excavated material shall be disposed of by the Contractor in the following ways. 1. Transport to an appropriate soil storage area and stockpile or spread as needed. 2. Transport and legally dispose of. Any permit required for the hauling and disposing of this material shall be obtained prior to commencing hauling operations. B. Suitable excavated material may be used for fill if it meets that specifications for satisfactory material and is approved by the Engineer. Excavated material so approved may be neatly stockpiled at the site where designated by the Engineer provided there is an area available where it will not interfere with the operator of the facility nor inconvenience traffic or adjoining property owners. C. Excavated rock may be used in open fill areas only with the approval of the Engineer. END OF SECTION TR 12668 Exhibit 4 SECTION 02276 TEMPORARY EROSION AND SEDIMENTATION CONTROL PART 1 - GENERAL 1.01 WORK INCLUDED A. Designing, providing, maintaining and removing temporary erosion and sedimentation controls as necessary. B. Temporary erosion controls may include, but are not limited to, mulching, netting, and watering, on site surfaces and spoil and borrow area surfaces and providing interceptor ditches at ends of berms and at those locations which will ensure that erosion during construction will be either eliminated or maintained within acceptable limits as established by the Owner. C. Temporary sedimentation controls include, but are not limited to, silt dams, traps, barriers, and appurtenances at the foot of sloped surfaces which will ensure that sedimentation pollution will be either eliminated or maintained within acceptable limits as established by the Owner. D. Contractor is responsible for providing effective temporary erosion and sediment control measures during construction or until final controls become effective. 1.02 SUBMITTALS A. Submit schedule for temporary erosion and sedimentation control. PART 2 — PRODUCTS 2.01 TURBIDITY BARRIERS A. Floating turbidity barriers shall comply with the latest FDOT Standard Index #103 of the Florida Department of Transportation Roadway and Traffic Design Standards, latest edition. B. Temporary erosion control measures shall conform to the latest FDOT Standard Indexes #102 and #103 of the Florida Department of Transportation Roadway and Traffic Design Standards, latest edition. 2.02 EROSION CONTROL A. Mulch: FDOT type per Section 981-3.2, Green Mulch B. Netting: fabricated of material acceptable to the Owner. TR 12668 Exhibit 4 2.03 SEDIMENTATION CONTROL A. Bales: clean, seed free cereal hay type B. Netting: fabricated of material acceptable to the Owner C. Filter stone: crushed stone conforming to Florida Department of Transportation specifications. PART 3 — EXECUTION 3.01 INSTALLATION A. Contractor shall install floating turbidity barrier in the locations detailed in the plans to a depth not less than the canal bottom. The barrier shall be installed in accordance with FDOT Standard Index #103. Other temporary erosion control measures shall conform to FDOT Standard Index #102. 3.02 EROSION CONTROL A. Minimum procedures for mulching and netting are: 1. Apply mulch loosely and to a thickness of between 3/4-inch and 11/2-inches. 2. Apply netting over mulched areas on sloped surfaces. 3.03 SEDIMENTATION CONTROL A. Install and maintain silt dams, traps and barriers as shown on the approved schedule. Hay bales which deteriorate and filter stone which is dislodged shall be replaced as required. 3.04 PERFORMANCE A. Should any of the temporary erosion and sediment control measures employed by the Contractor fail to produce results which comply with the requirements of the Owner, Contractor shall immediately take whatever steps are necessary to correct the deficiency at his own expense. END OF SECTION TR 12668 Exhibit 4 SECTION 02300 EARTHWORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Preparing subgrades for slabs -on -grade, walks, pavements, lawns, and plantings. 2. Excavating and backfilling for buildings and structures. 3. Drainage course for slabs -on -grade. 4. Subbase course for concrete walks and pavements. 5. Base course for asphalt paving. 6. Subsurface drainage backfill for walls and trenches. 7. Excavating and backfilling trenches within building lines. 8. Excavating and backfilling trenches for buried mechanical and electrical utilities and pits for buried utility structures. B. Related Sections include the following: 1. Division 2 Section "Site Clearing" for site stripping, grubbing, removing topsoil, and protecting trees to remain. 2. Division 3 Section "Cast -in -Place Concrete" for granular course over vapor retarder. 3. Division 15 and 16 Sections for excavating and backfilling buried mechanical and electrical utilities and buried utility structures. 1.3 DEFINITIONS A. Backfill: Soil materials used to fill an excavation. 1. Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to support sides of pipe. 2. Final Backfill: Backfill placed over initial backfill to fill a trench. B. Base Course: Layer placed between the subbase course and asphalt paving. C. Bedding Course: Layer placed over the excavated subgrade in a trench before laying pipe. D. Borrow: Satisfactory soil imported from off -site for use as fill or backfill. TR 12668 Exhibit 4 E. Drainage Course: Layer supporting slab -on -grade used to minimize capillary flow of pore water. F. Excavation: Removal of material encountered above subgrade elevations. 1. Additional Excavation: Excavation below subgrade elevations as directed by Engineer. Additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work. 2. Bulk Excavation: Excavations more than 10 feet (3 m) in width and pits more than 30- feet (9 m) in either length or width. 3. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated dimensions without direction by Engineer. Unauthorized excavation, as well as remedial work directed by Engineer, shall be without additional compensation. G. Fill: Soil materials used to raise existing grades. H. Rock: Rock material in beds, ledges, unstratified masses, and conglomerate deposits and boulders of rock material exceeding 1 cu. yd. (0.76 cu. m) for bulk excavation or 3/4 cu. yd. (0.57 cu. m) for footing, trench, and pit excavation that cannot be removed by rock excavating equipment equivalent to the following in size and performance ratings, without systematic drilling, ram hammering, ripping, or blasting, when permitted: 1. Excavation of Footings, Trenches, and Pits: Late -model, track -mounted hydraulic excavator; equipped with a 42-inch- (1065-mm-) wide, short -tip -radius rock bucket; rated at not less than 120-hp (89-kW) flywheel power with bucket - curling force of not less than 25,000 Ibf (111 kN) and stick -crowd force of not less than 18,700 Ibf (83 kN); measured according to SAE J-1179. 2. Bulk Excavation: Late -model, track -mounted loader; rated at not less than 210- hp (157-kW) flywheel power and developing a minimum of 45,000-Ibf (200-kN) breakout force; measured according to SAE J-732. Rock: Rock material in beds, ledges, unstratified masses, and conglomerate deposits and boulders of rock material 3/4 cu. yd. (0.57 cu. m) or more in volume that when tested by an independent geotechnical testing agency, according to ASTM D 1586, exceeds a standard penetration resistance of 100 blows/2 inches (97 blows/50 mm). Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface. K. Subbase Course: Layer placed between the subgrade and base course for asphalt paving, or layer placed between the subgrade and a concrete pavement or walk. L. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill immediately below subbase, drainage fill, or topsoil materials. M. Utilities include on -site underground pipes, conduits, ducts, and cables, as well as underground services within buildings. TR 12668 Exhibit 4 1.4 SUBMITTALS A. Product Data: For the following: 1. Each type of plastic warning tape. B. Material Test Reports: From a qualified testing agency indicating and interpreting test results for compliance of the following with requirements indicated: 1. Classification according to ASTM D 2487 of each on -site or borrow soil material proposed for fill and backfill. 2. Laboratory compaction curve according to ASTM D 1557 for each on -site or borrow soil material proposed for fill and backfill. 1.5 QUALITY ASSURANCE A. Geotechnical Testing Agency Qualifications: An independent testing agency qualified according to ASTM E 329 to conduct soil materials and rock -definition testing, as documented according to ASTM D 3740 and ASTM E 548. B. Preexcavation Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Meetings." 1.6 PROJECT CONDITIONS A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by Engineer and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify Engineer not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Engineer's written permission. 3. Contact utility -locator service for area where Project is located before excavating. B. Demolish and completely remove from site existing underground utilities indicated to be removed. Coordinate with utility companies to shut off services if lines are active. PART 2 - PRODUCTS 2.1 SOIL MATERIALS A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. B. Satisfactory Soils: ASTM D 2487 soil classification groups GW, GP, GM, SW, SP, and SM, or a combination of these group symbols; free of rock or gravel larger than 3 inches (75 mm) in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. C. Unsatisfactory Soils: ASTM D 2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH, and PT, or a combination of these group symbols. TR 12668 Exhibit 4 Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of optimum moisture content at time of compaction. D. Backfill and Fill: Satisfactory soil materials. E. Subbase: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2- inch (38-mm) sieve and not more than 12 percent passing a No. 200 (0.075- mm) sieve. F. Base: Naturally or artificially graded mixture of limerock material from the Miami Oolite formation. Material should have a minimum of 70 percent of carbonates (Calcium and Magnesium) With 97 percent passing a 3 1/2 inch screen, and 80 percent passing a 2 inch screen. Material shall be non -plastic and have a liquid limit not greater that 35. Material shall be free from sand, marl, roots, and shall not exceed 1/2 of 1 percent of organics. G. Engineered Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch (38-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve. H. Bedding: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a 1-inch (25-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve. Drainage Fill: Washed, narrowly graded mixture of crushed stone, or crushed or uncrushed gravel; ASTM D 448; coarse -aggregate grading Size 57; with 100 percent passing a 1-1/2- inch (38-mm) sieve and 0 to 5 percent passing a No. 8 (2.36-mm) sieve. 2.2 ACCESSORIES A. Warning Tape: Acid- and alkali -resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, 6 inches (150 mm) wide and 4 mils (0.1 mm) thick, continuously inscribed with a description of the utility; colored as follows: B. Detectable Warning Tape: Acid- and alkali -resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, minimum 6 inches (150 mm) wide and 4 mils (0.1 mm) thick, continuously inscribed with a description of utility, with metallic core encased in a protective jacket for corrosion protection, detectable by metal detector when tape is buried up to 30 inches (750 mm) deep; colored as follows: 1. Red: Electric. 2. Yellow: Gas, oil, steam, and dangerous materials. 3. Orange: Telephone and other communications. 4. Blue: Water systems. 5. Green: Sewer systems. TR 12668 Exhibit 4 C. Drainage Fabric: Nonwoven geotextile, specifically manufactured as a drainage geotextile; made from polyolefins, polyesters, or polyamides; and with the following minimum properties determined according to ASTM D 4759 and referenced standard test methods: 1. Grab Tensile Strength: 110 Ibf (490 N); ASTM D 4632. 2. Tear Strength: 40 lbf (178 N); ASTM D 4533. 3. Puncture Resistance: 50 lbf (222 N); ASTM D 4833. 4. Water Flow Rate: 150 gpm per sq. ft. (100 L/s per sq. m); ASTM D 4491. 5. Apparent Opening Size: No. 50 (0.3 mm); ASTM D 4751. D. Separation Fabric: Woven geotextile, specifically manufactured for use as a separation geotextile; made from polyolefins, polyesters, or polyamides; and with the following minimum properties determined according to ASTM D 4759 and referenced standard test methods: 1. Grab Tensile Strength: 200 lbf (890 N); ASTM D 4632. 2. Tear Strength: 75 lbf (333 N); ASTM D 4533. 3. Puncture Resistance: 90 lbf (400 N); ASTM D 4833. 4. Water Flow Rate: 4 gpm per sq. ft. (2.7 L/s per sq. m); ASTM D 4491. 5. Apparent Opening Size: No. 30 (0.6 mm); ASTM D 4751. PART 3 - EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. B. Protect subgrades and foundation soils against freezing temperatures or frost. Provide protective insulating materials as necessary. C. Provide erosion -control measures to prevent erosion or displacement of soils and discharge of soil -bearing water runoff or airborne dust to adjacent properties and walkways. 3.2 DEWATERING A. Prevent surface water and ground water from entering excavations, from ponding on prepared subgrades, and from flooding Project site and surrounding area. B. Protect subgrades from softening, undermining, washout, and damage by rain or water accumulation. 1. Reroute surface water runoff away from excavated areas. Do not allow water to accumulate in excavations. Do not use excavated trenches as temporary drainage ditches. 2. Install a dewatering system to keep subgrades dry and convey ground water away from excavations. Maintain until dewatering is no longer required. TR 12668 Exhibit 4 3.3 EXPLOSIVES A. Explosives: Do not use explosives. 3.4 EXCAVATION FOR STRUCTURES A. Excavate to indicated elevations and dimensions within a tolerance of plus or minus 1 inch (25 mm). Extend excavations a sufficient distance from structures for placing and removing concrete formwork, for installing services and other construction, and for inspections. Excavations for Footings and Foundations: Do not disturb bottom of excavation. Excavate by hand to final grade just before placing concrete reinforcement. Trim bottoms to required lines and grades to leave solid base to receive other work. 2. Excavation for Underground Tanks, Basins, and Mechanical or Electrical Utility Structures: Excavate to elevations and dimensions indicated within a tolerance of plus or minus 1 inch (25 mm). Do not disturb bottom of excavations intended for bearing surface. 3.5 EXCAVATION FOR WALKS AND PAVEMENTS A. Excavate surfaces under walks and pavements to indicated cross sections, elevations, and grades. 3.6 EXCAVATION FOR UTILITY TRENCHES A. Excavate trenches to uniform widths to provide a working clearance on each side of pipe conduit. Clearance: 12 inches (300 mm) on each side of pipe or conduit. B. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and support of pipes and conduit. Shape subgrade to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits. Remove projecting stones and sharp objects along trench subgrade. 1. For pipes and conduit less than 6 inches (150 mm) in nominal diameter and flat- bottomed, multiple -duct conduit units, hand -excavate trench bottoms and support pipe and conduit on an undisturbed subgrade. 2. For pipes and conduit 6 inches (150 mm) or larger in nominal diameter, shape bottom of trench to support bottom 90 degrees of pipe circumference. Fill depressions with tamped sand backfill. 3. Excavate trenches 6 inches (150 mm) deeper than elevation required in rock or other unyielding bearing material to allow for bedding course. 3.7 APPROVAL OF SUBGRADE A. Notify Engineer when excavations have reached required subgrade. TR 12668 Exhibit 4 B. If Engineer determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. 1. Additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work. C. Proof roll subgrade with heavy pneumatic -tired equipment to identify soft pockets and areas of excess yielding. Do not proof roll wet or saturated subgrades. D. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by Engineer. 3.8 UNAUTHORIZED EXCAVATION A. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete foundation or footing to excavation bottom, without altering top elevation. Lean concrete fill may be used when approved by Engineer. 1. Fill unauthorized excavations under other construction or utility pipe as directed by Engineer. 3.9 STORAGE OF SOIL MATERIALS A. Stockpile borrow materials and satisfactory excavated soil materials. Stockpile soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust. 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees. 3.10 BACKFILL A. Place and compact backfill in excavations promptly, but not before completing the following: 1. Construction below finish grade including, where applicable, dampproofing, waterproofing, and perimeter insulation. 2. Surveying locations of underground utilities for record documents. 3. Inspecting and testing underground utilities. 4. Removing concrete formwork. 5. Removing trash and debris. 6. Removing temporary shoring and bracing, and sheeting. 7. Installing permanent or temporary horizontal bracing on horizontally supported walls. 3.11 UTILITY TRENCH BACKFILL Not Used TR 12668 Exhibit 4 3.12 FILL A. Preparation: Remove vegetation, topsoil, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface before placing fills. B. Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill material will bond with existing material. C. Place and compact fill material in layers to required elevations as follows: 1. Under grass and planted areas, use satisfactory soil material. 2. Under walks and patios, use satisfactory soil material. 3. Under steps and ramps, use engineered fill. 4. Under building slabs, use engineered fill. 5. Under footings and foundations, use engineered fill. 6. Under pavement use base. 3.13 MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill layer before compaction to within 2 percent of optimum moisture content. 1. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. 2. Remove and replace, or scarify and air-dry, otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight. 3.14 COMPACTION OF BACKFILLS AND FILLS A. Place backfill and fill materials in layers not more than 8 inches (200 mm) in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches (100 mm) in loose depth for material compacted by hand -operated tampers. B. Place backfill and fill materials evenly on all sides of structures to required elevations, and uniformly along the full length of each structure. C. Compact soil to not less than the following percentages of maximum dry unit weight according to ASTM D 1557: 1. Under structures, building slabs, steps, and pavements, scarify and recompact top 12 inches (300 mm) of existing subgrade and each layer of backfill or fill material at 95 percent. 2. Under walkways, scarify and recompact top 6 inches (150 mm) below subgrade and compact each layer of backfill or fill material at 95 percent. 3. Under lawn or unpaved areas, scarify and recompact top 6 inches (150 mm) below subgrade and compact each layer of backfill or fill material at 85 percent. 3.15 GRADING TR 12668 Exhibit 4 A. General: Uniformly grade areas to a smooth surface, free from irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. 1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface tolerances. B. Site Grading: Slope grades to direct water away from buildings and to prevent ponding. Finish subgrades to required elevations within the following tolerances: 1. Lawn or Unpaved Areas: Plus or minus 1 inch (25 mm). 2. Walks: Plus or minus 1/2 inch (25 mm). 3. Pavements: Plus or minus 1/4 inch (13 mm). C. Grading inside Building Lines: Finish subgrade to a tolerance of 1/2 inch (13 mm) when tested with a 10-foot (3-m) straightedge. 3.16 SUBSURFACE DRAINAGE 3.17 SUBBASE AND BASE COURSES A. Under pavements and walks, place subbase course on prepared subgrade and as follows: 1. Place base course material over subbase. 2. Compact subbase and base courses at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 95 percent of maximum dry unit weight according to ASTM D 1557. 3. Shape subbase and base to required crown elevations and cross -slope grades. 4. When thickness of compacted subbase or base course is 6 inches (150 mm) or less, place materials in a single layer. 5. When thickness of compacted subbase or base course exceeds 6 inches (150 mm), place materials in equal layers, with no layer more than 6 inches (150 mm) thick or less than 3 inches (75 mm) thick when compacted. 3.18 FIELD QUALITY CONTROL A. Testing Agency: The Contrator will engage and pay for a qualified independent geotechnical engineering testing agency to perform field quality -control testing. The Contractor will be responsible for coordinating all testing as needed with the Contractor, the Owner, the Engineer or Architect and the testing agency. B. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with subsequent earthwork only after test results for previously completed work comply with requirements. C. Footing Subgrade: At footing subgrades, at least one test of each soil stratum will be performed to verify design bearing capacities. Subsequent verification and approval of other footing subgrades may be based on a visual comparison of subgrade with tested subgrade when approved by Engineer. TR 12668 Exhibit 4 D. Testing agency will test compaction of soils in place according to ASTM D 1556, ASTM D 2167, ASTM D 2922, and ASTM D 2937, as applicable. Tests will be performed at the following locations and frequencies: 1. Paved and Building Slab Areas: At subgrade and at each compacted fill and backfill layer, at least one test for every 2000 sq. ft. (186 sq. m) or less of paved area or building slab, but in no case fewer than three tests. 2. Foundation Wall Backfill: At each compacted backfill layer, at least one test for each 100 feet (30 m) or less of wall length, but no fewer than two tests. 3. Trench Backfill: At each compacted initial and final backfill layer, at least one test for each 150 feet (46 m) or less of trench length, but no fewer than two tests. E. When testing agency reports that subgrades, fills, or backfills have not achieved degree of compaction specified, scarify and moisten or aerate, or remove and replace soil to depth required; recompact and retest until specified compaction is obtained. 3.20 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace soil material to depth as directed by Engineer; reshape and recompact. C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. 3.21 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Disposal: Transport surplus satisfactory soil to designated storage areas on Owner's property. Stockpile or spread soil as directed by Engineer. 1. Remove waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property. END OF SECTION TR 12668 Exhibit 4 SECTION 02370 RIRRAP SYSTEM PART 1 - GENERAL 1.1 SCOPE: A. Summary of Work: The CONTRACTOR shall furnish stone riprap, bedding stone and filter fabric for construction of channel lining where indicated, including temporary riprap for bypass canal. 1.2 APPLICABLE PUBLICATIONS: The following standard specification shall apply to the work of this section: A. American Society for Testing and Materials (ASTM): 1. C127 - Standard Test Method for Density, Relative Density (Specific Gravity) and Absorption of Course Aggregate 2. C535 - Standard Test Method for Resistance to Degradation of Large Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine B. American Association of State Highway and Transportation Officials (AASHTO) 1. T 85 Standard Method of Test for Specific Gravity and Absorption of Coarse Aggregate 2. T 120 Method of Test for Aggregate Durability Index C. Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition, (FDOT) 1.3 DEFINITIONS: (Not Used) 1.4 SUBMITTALS: Furnish submittals in accordance with SECTION 01340 Submittals and Substitutions. The CONTRACTOR shall furnish testing certificates from a qualified testing agency shall be submitted prior to acceptance of the rock source to verify the conformity to the requirements of the Contract Documents 1.5 QUALIFICATIONS: (Not Used) 1.6 RESPONSIBILITIES: (Not Used) 1.7 CERTIFICATIONS: A. Test Reports: The CONTRACTOR shall submit certified test reports prepared by a qualified independent testing laboratory selected and compensated by CONTRACTOR for the following: 1. Bulk specific gravity of stone, saturated surface -dry basis determined in accordance with ASTM C127 2. Average absorption in percent of stone determined in accordance with ASTM C127 3. Results of soundness tests conducted in accordance with ASTM C88 4. Stone gradation based on a representative sample of not less than 2.0 y. Each stone in the sample shall be individually weighed, and a cumulative plot of percent lighter (by weight) versus stone weight in pounds shall be submitted. B. Filter Fabric: The CONTRACTOR shall submit manufacturer's data for filter fabric demonstrating compliance with specified material properties, and including manufacturer's recommendations for storage, handling, installation, and anchoring fabric. TR 12668 Exhibit 4 1.8 INSPECTION COORDINATION: The CONTRACTOR shall provide access to the WORK for the DISTRICT as requested for inspection. The Contractor shall provide 48 hours notice of its intention to begin new WORK activities. 1.9 WARRANTY: A. The MANUFACTURER shall warrant the EQUIPMENT, MATERIALS and PRODUCTS specified in this section against defective materials and workmanship with the MANUFACTURER'S standard warranty, but for no less than one year from the date of Substantial Completion, and as described in Article 13 of Section 00700 - General Terms and Conditions. B. The CONTRACTOR shall warrant the WORK against defects for one year from the date of Substantial Completion and as described in Article 13 of Section 00700 - General Terms and Conditions. PART 2 - MATERIALS 2.1 RIPRAP: Limestone: The CONTRACTOR shall furnish stone for riprap (gradations A, B, and C only) that is shall be limestone, and shall be sound, durable and angular in shape. No more than 10% of the stone for any gradation shall have an elongation (ratio of greatest dimension to least dimension) greater than 3:1, and no stone shall have an elongation greater than 4:1. The riprap material shall conform to the following additional requirements. A. Material shall be free from cracks, seams, non- mineralized or other defects that would tend to increase its deterioration from natural causes. B. Stone for riprap shall have the following properties: Bulk specific gravity (saturated surface -dry basis) not less than 135 lbs/cu.ft when tested by ASTM C127 for gradations A, B, and C, and D 2. Absorption of not more than 2% when tested by ASTM C 127 (gradations A, B, and C only) 3. Soundness: Soundness of stone for riprap gradations A, B, and C shall be determined in accordance with ASTM C88, modified as specified herein. Weight loss in 5 cycles shall be not more than 10% when sodium sulfate is used or 15% when magnesium sulfate is used. 2.2 RIPRAP — Native Stone: The CONTRACTOR shall provide native stones for riprap from onsite excavations or other sources. The native stone riprap shall be durable stones graded to provide a dense mass. Native stone riprap shall conform to the following requirements. A. Native stones for riprap shall be graded in size to produce a dense mass. Riprap shall consist of dense, natural rock fragments. Stones shall be resistant to weathering and to water action; free from overburden, spoil, shale and organic material; and shall meet the gradation requirements below. Shale and stones with shale seams are not acceptable. B. Riprap shall conform to the size types as follows: Type A (7-inch Average Size) Sieve Size Percent Passing by Weight Maximum Minimum 12" 9" 100 8" 7„ 50 6" 5" 15 TR 12668 Exhibit 4 Type B (12-inch Average Size) Sieve Size Percent Passing by Weight Maximum Minimum 21" 15" 100 14" 12" 50 11" 8" 15 C. The greatest dimension of 50 percent of the stones shall be at least two-thirds but not more than 1-112 times the diameter of the average size. Neither the breadth nor thickness of any piece of riprap shall be less than one-third its length. Material shall be of shapes that will form a stable protection structure of required depth. Rounded boulders or cobbles shall not be used. D. Stones shall consist of durable, sound, hard, angular rock meeting the following requirements for durability absorption ratio, soundness test, and abrasion test: Durabilitv Absorption Ratio Greater than 23 1Oto23 Less than 10 Durability Absorption Ratio = Acceptability Passes Passes only if Durability Index is 52 or greater Fails Durability Index (Coarse) % absorption + 1 E. The durability index and percent absorption shall be determined by AASHTO T 210 and AASHTO T 85, respectively. The minimum apparent specific gravity of the stones shall be 2.5 as determined by AASHTO T 85. F. Stones shall have less than 10 percent loss of weight after five cycles, when tested per ASTM C88. G. Stones shall have a wear not greater than 40 percent, when tested per ASTM C535. H. Control of gradation shall be by visual inspection. The CONTRACTOR shall furnish a sample of the proposed gradation of at least five tons or 10 percent of the total riprap weight, whichever is less. If approved, the sample may be incorporated into the finished riprap at a location where it can be used as a frequent reference for judging the gradation of the remainder of riprap. Any difference of opinion between the DISTRICT and the CONTRACTOR shall be resolved by dumping and checking the gradation of two random truckloads of stones. Arranging for and the costs of mechanical equipment, a sorting site, and labor needed in checking gradation shall be the CONTRACTOR's responsibility. I. The acceptability of the stones will be determined by the DISTRICT prior to placement. 2.3 GRANULAR BEDDING: The CONTRACTOR shall place a blanket of bedding material beneath permanent gradation B and C riprap materials to the lines and grades shown on the drawings. Stone for use in granular bedding shall weigh not less than 135 lbs/cf (saturated surface dry). The material shall be composed of tough, durable particles, shall be reasonably free from thin, flat and elongated pieces, and shall contain neither organic matter nor soft, friable particles in quantities considered objectionable by the DISTRICT. Bedding stone shall be placed within the limits shown on the drawings and shall be #57 stone in accordance with FDOT Standard Specifications Section 901 Coarse Aggregate. 2.4 FILTER FABRIC: The CONTRACTOR shall provide filter fabric conforming to the requirements of FDOT Section 985 for riprap filter. 2.5 TEMPORARY RIPRAP: The CONTRACTOR shall furnish temporary riprap as indicated on the Drawings conforming to the requirements of Part 2, Paragraph A of this specification for Gradation B. TR 12668 Exhibit 4 PART 3 - PERFORMANCE 3.1 FIELD QUALITY CONTROL: A. The CONTRACTOR shall recombine the riprap stone sample used for gradation analysis, transport to the project site, and place in a location acceptable to the DISTRICT. Field control of riprap gradation will be by visual comparison of the representative sample to arriving loads. Arriving loads not bearing reasonable similarity to the sample will be rejected. 1. CONTRACTOR may, at his option, arrange for gradation analysis of rejected loads at the project site. Should the analysis indicate the rejected stone meets the requirements of this specification; all reasonable costs for such analysis will be reimbursed to the CONTRACTOR. In no instance will stone of a coloration or appearance dissimilar to that in the sample be accepted. 3.2 SUBGRADE PREPARATION: A. Dry Installation: The CONTRACTOR shall prepare the subgrade to the lines, slopes and elevations indicated. The CONTRACTOR shall clear the subgrade of sticks, stones, debris and other materials that could puncture the overlying filter fabric. The finished subgrade shall not vary from design grade by more than 2" at any location. B. Sub aqueous Installation: The CONTRACTOR shall excavate the subgrade to the lines and grades shown. Tolerance shall be plus 0.0 feet to minus 0.5 feet in the canal invert, and plus or minus 0.5 feet on the canal banks. 3.3 FILTER FABRIC: The CONTRACTOR shall provide filter fabric in accordance with the requirements of FDOT Section 514. Filter fabric shall be placed only on subgrade approved by the DISTRICT. 3.4 GRANULAR BEDDING: The CONTRACTOR shall place bedding material beneath those areas to receive gradation B and C riprap, to a nominal depth of six inches. A. Bedding material shall be spread uniformly over filter fabric material. Placement shall not commence until the DISTRICT has approved subgrade preparation and filter fabric installation. B. Placement methods, which segregate the bedding particles, will not be permitted. C. Compaction of the bedding material will not be required, but material shall be finished to a reasonably even surface. D. Tolerance shall be + three -tenths foot provided this tolerance is not continuous over an area greater than 200 square feet when placed in the dry, or greater than 400 square feet when placed sub aqueous. E. CONTRACTOR shall maintain the bedding material until the riprap is in place. 3.5 RIPRAP: The CONTRACTOR shall proceed placing the riprap upon completion of filter fabric and bedding material (where required) and after receiving approval of the DISTRICT to proceed. The CONTRACTOR shall place riprap in accordance with the following. A. Stone shall be placed in such a manner as to produce a reasonably well -graded mass with the minimum practicable percentage of voids. 1. Place to full course thickness in one operation in a manner to avoid displacing or puncturing filter fabric. a. Stone shall not be dropped from a height greater than three feet above the fabric. Finished riprap shall be free from objectionable pockets of small stones and clusters of larger stones. Hand place or adjust if necessary to secure the desired results. TR 12668 Exhibit 4 B. Surface Tolerances: Dry Installation: The finished stone surface shall not vary from design grade by more than three inches at any location, except that any extreme of the tolerance shall not be continuous over an area greater than 100 square feet. Sub aqueous Installation: The finished stone surface shall not vary from design grade by more than plus one foot, minus one-half feet at any location; either extreme of the tolerance shall not be continuous over an area greater than 225 square feet. 3.6 MAINTENANCE: The CONTRACTOR shall maintain riprap until accepted. The CONTRACTOR shall replace riprap displaced by any cause prior to acceptance. END OF SECTION TR 12668 Exhibit 4 SECTION 02481 CANAL MAINTENANCE PART 1 - GENERAL 1.01 WORK INCLUDED A. Canal Clean out and earth removal B. Embankment shaping C. Restoration 1.02 RELATED SECTIONS A. Section 02100: Site Preparation B. Section 02220: Structural Excavation, Backfill & Compaction C. Section 02276: Temporary Erosion & Sediment Control D. Section 02370: Rip -Rap System 1.03 PERFORMANCE REQUIREMENTS A. Examine the project area and determine the most efficient and safe method of canal and earth removal in order to complete the entire extent of work required. B. Perform the work to a tolerance of 6-inches plus or minus within the time required. Maintain the work on schedule and provide assurance that the work is performed accurately. 1.04 SUBMITTALS A. Provide complete work schedule for each item in the Schedule of Values. Describe in detail the steps necessary to complete the canal maintenance and improvements. B. Submit a bar chart outlining task required versus the time. Schedule shall begin at the notice to proceed through the estimated completion date. C. Provide the schedules as specified in Section 01310. 1.05 SCHEDULING A. Schedule work so as not to interfere with either the Owner's use of the site or the flow of storm waters. B. Schedule work around operations of other agencies having jurisdiction in the area. 1.06 WARRANTY A. (NOT USED) PART 2 — PRODUCTS — NOT USED TR 12668 Exhibit 4 PART 3 — EXECUTION 3.01 PREPARATION A. Prior to excavation work, establish traffic control and maintenance procedures. B. Establish on -site spoil material deposit sites. Coordinate with Owner. C. Set canal silt and turbidity barriers in accordance with the SFWMD, Corps of Engineers, and other local regulations. D. Establish trees to be removed and other structures for temporary removal replacement. E. Clear and grub areas shown on the drawings and as specified. F. Routes for hauling away spoil material and other construction debris. G. Coordinate traffic maintenance, if required by Contractor's method of work. 3.02 CANAL EXCAVATION A. Perform all excavations required to conform to the limits indicated on the drawings and as specified. B. Work shall include digging, dredging, placing, shaping, sloping and other earth work necessary to bring the final excavation to the required grades, alignments and cross sections specified, including both underwater and above water. 3.03 USE OF EXPLOSIVES A. Due to close proximity of structures, explosives will not be allowed. 3.04 SPOIL MATERIAL A. Surplus material excavation from the canal may be temporarily stock piled on -site and allowed to drain back into the canal. These storage areas shall not interfere with traffic nor present a danger to the public. B. All material removed from the canal shall be hauled away and properly disposed of by the Contractor. Cost for hauling shall be included in the contract price. C. If the spoil material is acceptable as common fill as herein specified, then it may be stored on site and used later in the final grading operations. 3.05 FIELD QUALITY CONTROL A. The Contractor shall keep accurate daily records of the bottom elevation and cross - sectional as-builts. B. The as -built elevations shall provide assurance that the work is being performed correctly. TR 12668 Exhibit 4 C. The Engineer may take his own soundings and elevations during the progress of the work to assure himself the Contractor's as-builts accurately reflect the work. D. If discrepancies arise from the Engineer's elevation checks, the Contractor shall reestablish his as -built elevations and submit revised survey documentation. 3.06 CLEANING A. Upon completion of the work, remove all surplus materials, debris, material and equipment. Remove all traffic barriers and signs. B. Replace structures and reestablish utility lines if interrupted during the progress of the work. C. Clean the site to allow safe and secure public use. [c��t��:Z���x�1NP►I A. Protect canal embankments and completed structures until final acceptance by the Owner and Engineer. END OF SECTION TR 12668 Exhibit 4 SECTION 02510 WALKWAYS PART 1 -GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, materials and equipment necessary to complete all walkways and related items shown on the drawings and specified herein. 1.02 REFERENCED SPECIFICATIONS A. All materials and methods of construction shall conform to the requirements of the "Florida Department of Transportation, Standard Specifications for Road and Bridge Construction." 1.03 SUBMITTALS A. Submit to the Engineer, as provided in the General Conditions, shop drawings showing dimensions and layouts of curbing and sidewalks and reinforcement for concrete work. PART 2 — PRODUCTS 2.01 MATERIALS A. Concrete Materials: 1. Concrete for work under this section shall be same as specified in Division 3, but in nose case less than 3000 psi at 28 days. 2. Reinforcing bars shall be deformed type bars conforming to AASHTO M31 Grade 40. All reinforcing steel shall be shop fabricated, of size, cross-section and arrangement as described on approved shop drawings. 3. Welded wire fabric shall be as shown on the drawings and shall conform to all requirements of AASHTO M55. 4. Expansion joint material shall be 1/2 —inch or %-inch thickness where shown, bituminous type meting AASHTO Spec. M-213-65. 5. Joint sealant shall be hot poured rubber conforming to Fed. Spec. SS- S-164. B. Base Course Material: 1. Base course material shall be graded aggregate conforming to the Referenced Standard. TR 12668 Exhibit 4 PART 3 — EXECUTION 3.01 INSTALLATION A. Sub -grade shall be thoroughly compacted as specified in Earthwork Section. B. Forms shall conform to the shapes, lines and dimensions of the members as called for on the plans and shall be substantial and sufficiently tight to prevent leakage of mortar. They shall be properly braced or tied together so as to maintain position and shape. C. Finishing: 1. Float concrete until %-inch cement gell is brought to surface; steel trowel until dense surface is obtained. 2. Finish with broom at right angles to alignment of walk, then round all exterior edges with 3/-inch radius after brooming. D. Curing: 1. Cover walks with sand, sawdust or shavings and keep wet for three (3) days. 2. Cover walks until final clean-up to prevent damage. 3. Other methods of curing may be used subject to approval of the Engineer prior to implementation. E. Concrete walks shall be constructed to lines, widths, grades and thickness as shown on the Drawings, but sloped not less than 1/8-inch per foot in direction of water flow. Concrete shall be placed on thoroughly compacted subgrade, having smooth surface and kept moist until time concrete is placed. 1. Expansion joints shall be installed at all intersections with other walks, at head and bottom of steps, curbs and maximum 12-foot thick O.C. in runs. Expansion material shall be '/2-inch thick but not less than '/- inch, by depth of concrete; 3/-inch thick where abutting curbs and gutters, and at parking bays. Expansion material shall extend from bottom of walk slab to within '/-inch of top, to be filled with poured joint filler. 2. Dummy grooves shall be 1/2-inch x Y2 inch having Y2 inch radius, spaced 4 feet O.C. installed same as expansion joints immediately following brooming. F. Local conditions, codes and practices shall govern all drive cuts, aprons and related curbs and gutters. Contractor shall obtain permission for, coordinate with City or County officials, and secure and pay for all permits, fees and licenses necessary for proper execution of the work. 3.02 CLEANUP A. At the completion of the work, Contractor shall clean up all scraps, rubbish and surplus materials caused by this work and haul them away from the site and leave job in a neat, clean and orderly condition. END OF SECTION I TR 12668 Exhibit 4 SECTION 02520 CONCRETE CURBS AND HEADERS PART 1-GENERAL 1.01 SCOPE The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, appliances and materials and performing all operations in connection with the construction of concrete curbs and headers, complete and in place, in strict accordance with these specifications and the applicable drawings and subject to the terms and conditions of this contract. 1.02 REFERENCES Florida Department of Transportation Standard Specifications for Road and Bridge Construction, (latest edition) PART 2 - PRODUCTS 2.01 MATERIALS A. The concrete mix shall produce standard weight concrete with the following properties to be verified by the use of the appropriate listed test methods. • Compressive strength: 3,000 psi at 28 days - tested according to ASTM designation C31 (AASHTO T23) • Slump Range: 2-4 inches - tested according to ASTM designation C143 (AASHTO T119) B. Joint materials shall be in accordance with FDOT Specification Section 932 PART 3 - EXECUTION 3.01 CONSTRUCTION METHODS Concrete curbs and headers shall be constructed of the type and in the locations as shown on the plans. A. FORMS: Forms for this work shall be made of either wood or metal. They shall be straight, free from warp or bends, and of sufficient strength, when staked, to resist the pressure of the concrete without springing. If made of wood, they shall be of two (2) inch surfaced plank; if made of metal, they shall be of approved section and shall have a flat surface on top. B. CONSTRUCTION: Excavation shall be made to the required depth; and the sub -grade or base upon which the curb or header is placed shall be compacted to 98% AASHTO T-180. TR 12668 Exhibit 4 The concrete shall be placed in the forms to the depth specified, and tamped and spaded to prevent honeycomb and until the top of the structure can be floated smooth and the edges rounded to the radius shown on the plans. Contraction joints shall be placed at intervals of ten feet except where a lesser interval is required for closure, but no section shall be less than four feet in length. Contraction joints shall be created while the concrete is still plastic by using a grooving tool or by inserting a premolded filler strip, or a groove may be saw cut into the concrete soon after it has hardened. Curb with irregular cracks due to late contraction joint construction will not be accepted. Expansion joints shall be constructed at all radius points and at other locations indicated on the plans. They shall be located at intervals of 500 feet between other expansion joints, or ends of a run. The joint shall be 1/2 inch in width. The forms shall be removed within twenty-four (24) hours after the concrete has been placed, and minor defects then filled with mortar composed of one (1) part Portland Cement and two (2) parts fine aggregate. Plastering shall not be permitted on the face of the curb; and all rejected curb, or header shall be removed and replaced without additional compensation. The curb top, face and/or header top shall be given a surface finish while the concrete is still green. A brush finish will be required unless noted otherwise; however, additional finishing may be required in areas considered too rough or with minor defects. After the concrete has been rubbed smooth, it shall be rubbed again until a uniform color is produced, using a thin grout composed of one (1) part Portland Cement and one (1) part fine aggregate. After concrete has set sufficiently, the spaces in front and back of the curb shall be refilled to the required elevation with suitable material, which shall be placed and thoroughly compacted in layers of not more than six (6) inches in thickness. END OF SECTION TR 12668 Exhibit 4 SECTION 02931 SODDING PART 1 —GENERAL 1.01 WORK INCLUDED A. Furnish all labor, materials, equipment and incidentals required to prepare lawn bed and install sodding as shown on contract drawings and as specified herein. B. Area to receive sodded grass lawns within the project shall include all areas disturbed by construction except as noted herein. 1.02 SUBMITTALS A. Provide technical data as specified in Section 01340 for shop drawings on all materials or installation procedures required under this Section. B. Submit representative topsoil samples for analysis by a private laboratory to determine nutrient deficiencies and outline a proper fertilization program. C. Submit as provided in Section 01720 certifications required for all sodding supplied. PART 2 — PRODUCTS 2.01 SOD A. Sod shall be St. Augustine/Floratam of firm texture having compacted growth and good root development. B. Sod shall be certified to meet Florida State Plant Board specifications, absolutely true to varietal type, and free from weeds or other objectionable vegetation, fungus, insects and disease of any kind. C. Before being cut and lifted, the sod shall have been moved 3-times with the final mowing not more than a week before cutting into uniform dimensions. 2.02 SOIL CONDITIONERS A. Fertilizer: 1. Fertilizer shall be a complete fertilizer, the elements of which are derived from organic sources. Fertilizer shall be a standard product complying with State and Federal fertilizer laws. 2. Percentages of nitrogen, phosphorus and potash shall be based on laboratory tests on soils outlined in Paragraph 1.02B and approved by the Engineer. For purpose of bidding, assume 6-percent nitrogen, 6-percent phosphorus and 6- percent potash by weight. At least 50-percent of the total nitrogen shall contain no less than 3-percent water -insoluble nitrogen. TR 12668 Exhibit 4 3. Fertilizer shall be delivered to the site, mixed as specified, in the original unopened standard size bags showing weight, analysis and name of manufacturer. Containers shall bear the manufacturer's certificate of compliance covering analysis shall be furnished to the Engineer. Store fertilizer in a weather-proof place and in such a manner that it will be kept dry and its effectiveness will not be impaired. B. Superphosphate shall be composed of finely ground phosphate rock as commonly used for agricultural purposes containing not less than 20-percent available phosphoric acid. PART 3 — EXECUTION 3.01 LAWN BED PREPARATION A. Areas to be sodded shall be cleared of all rough grass, weeds and debris, and the ground brought to an even grade as approved. B. The soil shall then be thoroughly tilled to a minimum 8-inch depth. C. Superphosphate at a rate for bidding purposes of 5-pounds per 1000-square foot and complete fertilizer at a rate for bidding purposes of 16-pounds per 1000-square foot shall be evenly distributed over entire area and cross-disced in to a depth of 4 to 6- inches. D. The areas shall be brought to a proper grade, free of sticks, stones, or other foreign matter over 1-inch in diameter or dimension. The surface shall conform to finish grade, less the thickness of sod, free of water -retaining depressions, the soil friable and uniformly firm texture. 3.02 SOD HANDLING AND INSTALLATION A. During delivery, prior to planting, and during the planting of the lawn areas, the sod panels shall at all times be protected from excessive drying and unnecessary exposure of the roots to the sun. All sod shall be stacked during construction and planting so as not to be damaged by sweating or excessive heat and moisture. B. After completion of soil conditioning as specified above, sod panels shall be laid tightly together so as to make a solid sodded lawn area. On mounds and other slopes, the long dimension of the sod shall be laid perpendicular to the slope. Immediately following sod laying the lawn areas shall be rolled with a lawn roller customarily used for such purposes, and then thoroughly watered. C. Bring the sod edge in a neat, clean manner to the edge of all paving and shrub areas. Top dressing with approved, clean, weed free, sand may be required at no additional cost to the Owner if deemed necessary by the Engineer. 3.03 MAINTENANCE A. The Contractor shall produce a dense, well -established lawn. The Contractor shall be responsible for the repair and resodding of all eroded or bare spots until project acceptance. Repair sodding shall be accomplished as in the original work except that fertilizing may be omitted. TR 12668 Exhibit 4 B. Sufficient watering shall be done by the Contractor to maintain adequate moisture for optimum development of the lawn areas. Sodded areas shall receive no less than 1.5- inches of water per week. 3.04 REPAIRS TO LAWN AREAS DISTURBED BY CONTRACTOR'S OPERATIONS A. Lawn areas planted under this Contract and lawn areas outside the designated areas damaged by Contractor's operations shall be repaired at once by proper sod bed preparation, fertilizing and resodding, in accordance with these specifications. B. Replace and repair the irrigation system. Test system operation in presence of the Owner. END OF SECTION TR 12668 Exhibit 4 SECTION 2950 PART 1. GENERAL LANDSCAPE PLANTING 1.01 Description of Work A. Provide all exterior planting as shown on the drawings or inferable therefrom and/or as specified in accordance with the requirements of the Contract Documents. Landscape plans provided indicate the proposed location of living plant material only. Structural elements and hardscape features indicated on the landscape plans are for information purposes only. Landscape plans are not to be utilized for staking and layout or location of any structural site features including but not limited to, buildings, signage, pathways, easements, utilities or roadways. B. These specifications include standards necessary for and incidental to the execution and completion of planting as indicated on the prepared drawings and specified herein. C. All applicable federal, state and local permits shall be attained prior to the removal, relocation, or installation of plant materials indicated within the plan documents. D. Protection of existing features. During construction, protect all existing trees, shrubs, and other specified vegetation, site features and improvements, structures, and utilities specified herein and/or on submitted drawings. Removal or destruction of existing plantings is prohibited unless specifically authorized by the owner, and with permit as required by associated federal, state and local government agencies. 1.02 Applicable Standards A. American National Standards for Tree Care Operations, ANSI A300. American National Standards Institute, 11 West 42nd Street, New York, N.Y. 10036. B. American Standard for Nursery Stock, ANSI Z60.1. American Nursery and Landscape Association, 1250 Eye Street. NW, Suite 500, Washington, D.C. 20005. C. Hortus Third, The Staff of the L.H. Bailey Hortorium. 1976. MacMillan Publishing Co., New York. D. Florida Department of Agriculture "Grades and Standards for Nursery Plants", most recent addition. E. National Arborist Association- Pruning Standards for Shade Trees F. All standards shall include the latest additions and amendments as of the date of advertisement for bids 1.03 Qualifications A. Landscape planting and related work shall be performed by a firm with a minimum of five years experience specializing in this type of work. All contractors and their sub -contractors who will be performing any landscape work included in this section of the specification shall be approved by the landscape architect. B. Landscape Contractor shall be licensed and shall carry any necessary insurance and shall protect the Landscape Architect and Owner against all liabilities, claims or demands for injuries or damage to any person or property TR 12668 Exhibit 4 growing out of the performance of the work under this contract. All workers shall be covered by Workman's Compensation Insurance. IV. Requirements of Regulatory Agencies A. Certificates of inspection shall accompany the invoice for each shipment of plants as may be required by law for transportation. File certificates with the landscape architect prior to acceptance of the material. Inspection by federal or state authorities at place of growth does not preclude rejection of the plants at the site. V. Submittals A. Manufacturer's Data: Submit copies of the manufacturer's and/or source data for all materials specified, including soils, soil amendments and fertilizer materials. Comply with regulations applicable to landscape materials. B. Samples: Submit samples of all topsoil, soil mixes, mulches, and organic materials. Samples shall weigh 1 kg (2 lb) and be packaged in plastic bags. Samples shall be typical of the lot of material to be delivered to the site and provide an accurate indication of color, texture, and organic makeup of the material. C. Nursery Sources: Submit a list of all nurseries that will supply plants, along with a list of the plants they will provide and the location of the nursery. D. Soil Test: Submit soil test analysis report for each sample of topsoil and planting mix from a soil testing laboratory approved by the landscape architect. 1. Provide a particle size analysis, including the following gradient of mineral content: USDA Designation Size in mm Gravel +2 mm Very Course Sand 1-2 mm Coarse Sand 0.5-1 mm Medium Sand 0.25-0.5 mm Fine Sand 0.1-0.25 mm Very fine sand 0.05-0.1 mm Silt 0.002-0.05 mm Clay smaller than 0.002 2. Provide a chemical analysis, including the following: a. pH and buffer pH b. Percentage of organic content by oven -dried weight. c. Nutrient levels by parts per million, including phosphorus, potassium magnesium, manganese, iron, zinc, and calcium. Nutrient test shall include the testing laboratory recommendations for supplemental additions to the soil based on the requirements of horticultural plants. d. Soluble salt by electrical conductivity of a 1:2, soil: water, sample measured in millimho per cm. e. Cation exchange capacity (CEC). E. Material Testing: Submit the manufacturers particle size analysis, and the pH analysis and provide a description and source location for the content material of all organic materials. F. Maintenance Instructions: Prior to the end of maintenance period, Landscape TR 12668 Exhibit 4 Contractor shall furnish three copies of written maintenance instructions to the Landscape Architect for transmittal to the Owner for maintenance and care of installed plants through their full growing season. 1.04 Utility Verification A. The contractor shall contact the local utility companies for verification of the location of all underground utility lines in the area of the work. The contractor shall be responsible for all damage resulting from neglect or failure to comply with this requirement. Part 2. Materials 2.01 Plants A. Plants shall be true to species and variety specified and nursery -grown in accordance with good horticultural practices under climatic conditions similar to those in the locality of the project for at least two years. They shall have been freshly dug. 1. All plant names and descriptions shall be as defined in Hortus Third. 2. All plants shall be grown and harvested in accordance with the American Standard for Nursery Stock and Florida Department of Agriculture Grades and Standards for Nursery Plants. 3. Unless approved by the landscape architect, plants shall have been grown at a latitude not more than 325 km (200 miles) north or south of the latitude of the project unless the provenance of the plant can be documented to be compatible with the latitude and cold hardiness zone of the planting location. B. Unless specifically noted, all plants shall be exceptionally heavy, symmetrical, and so trained or favored in development and appearance as to be unquestionably and outstandingly superior in form, compactness, and symmetry. They shall be sound, healthy, vigorous, well branched, and densely foliated when in leaf; free of disease and insects, eggs, or larvae; and shall have healthy, well - developed root systems. They shall be free from physical damage or other conditions that would prevent vigorous growth. 1. Trees with multiple leaders, unless specified, will be rejected. Trees with a damaged or crooked leader, bark abrasions, sunscald, disfiguring knots, insect damage, or cuts of limbs over 20 mm (3/4 in.) in diameter that are not completely closed will be rejected. C. Plants shall conform to the measurements specified, except that plants larger than those specified may be used if approved by the landscape architect. Use of larger plants shall not increase the contract price. If larger plants are approved, the root ball shall be increased in proportion to the size of the plant. 1. Caliper measurements shall be taken on the trunk 150 mm (6 in.) above the natural ground line for trees up to and including 100 mm (4 in.) in caliper, and 300 mm (12 in.) above the natural ground line for trees over 100 mm (4 in.) in caliper. Height and spread dimensions specified refer to the main body of the plant and not from branch tip to branch tip. Plants shall be measured when branches are in their normal position. If a range of sizes is given, no plant shall be less than the minimum size, and no less than 50 percent of the plants shall be as large as the maximum size specified. Measurements specified are minimum sizes acceptable after TR 12668 Exhibit 4 pruning, where pruning is required. Plants that meet measurements but do not possess a standard relationship between height and spread, according to the Florida Department of Agriculture Grades and Standards for Nursery Plants, shall be rejected. D. Substitutions of plant materials will not be permitted unless authorized in writing by the landscape architect. If proof is submitted in writing that a plant specified is not obtainable, consideration will be given to the nearest available size or similar variety, with a corresponding adjustment of the contract price. E. The plant schedule provided at the end of this section, or on the drawing, is for the contractor's information only, and no guarantee is expressed or implied that quantities therein are correct or that the list is complete. The contractor shall ensure that all plant materials shown on the drawings are included in his or her bid. F. All plants shall be labeled by plant name. Labels shall be attached securely to all plants, bundles, and containers of plant materials when delivered. Plant labels shall be durable and legible, with information given in weather -resistant ink or embossed process lettering. G. Selection and Tagging 1. Plants shall be subject to inspection for conformity to specification requirements and approval by the landscape architect at their place of growth and upon delivery. Such approval shall not impair the right of inspection and rejection during progress of the work. 2. A written request for the inspection of plant material at their place of growth shall be submitted to the landscape architect at least ten calendar days prior to digging. This request shall state the place of growth and the quantity of plants to be inspected. The landscape architect may refuse inspection at this time if, in his or her judgment, sufficient quantities of plants are not available for inspection or landscape architect deems inspection is not required. 3. All field grown deciduous trees shall be marked to indicate the trees north orientation in the nursery. Place a 1-in. diameter spot of white paint onto the north side of the tree trunk within the bottom 12 inches of the trunk. H. Anti -Desiccants 1. Anti -desiccants, if specified, are to be applied to plants in full leaf immediately before digging or as required by the landscape architect. Anti -desiccants are to be sprayed so that all leaves and branches are covered with a continuous protective film. I. Balled and Burlapped (B&B) Plant Materials 1. Trees designated B&B shall be properly dug with firm, natural balls of soil retaining as many fibrous roots as possible, in sizes and shapes as specified in the Florida Department of Agriculture, Grades and Standards for Nursery Plants. Balls shall be firmly wrapped with synthetic, natural, or treated burlap, and/or wire. All synthetic fabric should be removed from the rootball prior to planting. True biodegradable burlap can, be left around the root ball. The root collar shall be apparent at surface of ball. Trees with loose, broken, processed, or manufactured root balls will not be accepted, except with special written approval before planting. 2. B&B Plant material that show signs of circling (root bound), "J" root, or with growth based on being planted too deep will be rejected. J. Container Plants TR 12668 Exhibit 4 1. Plants grown in containers shall be of appropriate size for the container as specified in the most recent edition of the Florida Department of Agriculture Grades and Standards for Nursery Plants and be free of circling roots on the exterior and interior of the root ball. 2. Container plants shall have been grown in the container long enough to have established roots throughout the growing medium. 3. Plants to be placed in a larger pot prior to root starting to circle pot. If circling has begun, roots are to be trimmed back to the point prior to where the root begins to circle. K. Bareroot and Collected Plants 1. Plants designated as bareroot or collected plants shall conform to the American Standard for Nursery Stock. 2. Bareroot material shall not be dug or installed after bud break or befo re dormancy. 3. Collected plant material that has not been taken from active nursery operations shall be dug with a root ball spread at least 1/3 greater than nursery grown plants. When specified or approved, shall be in good health, free from disease, insect or weed infestation and shall not be planted before inspection and acceptance at the site. Testing may be required at the discretion of the Landscape Architect and/or the Owner and shall be provided at no additional cost. L. Specimen Material: Plant material specified as specimens are to be approved by the Landscape Architect before being brought to the site. Unless otherwise noted on the drawings, these plants shall be Florida Fancy. M. Palms 1. Coconut Palms shall be grown from a certified seed. 2. All palm species except Sabal palmetto shall have roots adequately wrapped before transporting. 3. Sabal palms shall have a hurricane cut. Sabal palms shall be installed on site at the earliest opportunity in the construction process. All Sabal palms shall be from Palm Beach County or other sandy soils. All Sabal palms shall be Florida Fancy. 4. For booted trunk palms, trunks shall have clean intact boots firmly attached to the palm trunk. For slick trunk palms, trunk shall be clear and free from defect and scars. 5. The Contractor shall treat all palms as required to prevent infestation by the palmetto weevil. N. Sod 1. Sod shall be graded #1 or better. Sod shall be loam or muck grown with a firm, full texture and good root development. Sod shall be thick, healthy and free from defects and debris including but not limited to dead thatch, insects, fungus, diseases and contamination by weeds, other grass varieties or objectionable plant material. 2. Sod shall be sufficiently thick to insure a dense stand of live grass. Sod shall be live, fresh, and uninjured at the time of planting. Plant sod within 48 hours after harvesting. TR 12668 Exhibit 4 3. Sod area shall be all areas not otherwise identified and shall include the area beyond the property line to the edge of pavement and/or edge of water. O. Immediately after harvesting plants, protect from drying and damage until shipped and delivered to the planting site. Rootballs shall be checked regularly and watered sufficiently to maintain root viability. P. Transportation and Storage of Plant Material 1. Branches shall be tied with rope or twine only, and in such a manner that no damage will occur to the bark or branches. 2. During transportation of plant material, the contractor shall exercise care to prevent injury and drying out of the trees. Should the roots be dried out, large branches broken, balls of earth broken or loosened, or areas of bark torn, the landscape architect may reject the injured tree(s) and order them replaced at no additional cost to the owner. All loads of plants shall be covered at all times with tarpaulin or canvas. Loads that are not protected will be rejected. 3. All bareroot stock sent from the storage facility shall be adequately covered with wet soil, sawdust, woodchips, moss, peat, straw, hay, or other acceptable moisture -holding medium, and shall be covered with a tarpaulin or canvas. Loads that are not protected in the above manner may be rejected. 4. Plants must be protected at all times from sun or drying winds. Those that cannot be planted immediately on delivery shall be kept in the shade, well protected with soil, wet mulch, or other acceptable material, and kept well watered. Plants shall not remain unplanted any longer than three days after delivery. Plants shall not be bound with wire or rope at any time so as to damage the bark or break branches. Plants shall be lifted and handled with suitable support of the soil ball to avoid damaging it. Q. Mechanized Tree Spade Requirements Trees may be moved and planted with an approved mechanical tree spade. The tree spade shall move trees limited to the maximum size allowed for a similar B&B root -ball diameter according to the American Standard for Nursery Stock or the manufacturer's maximum size recommendation for the tree spade being used, whichever is smaller. The machine shall be approved by the landscape architect prior to use. Trees shall be planted at the designated locations in the manner shown in the plans and in accordance with applicable sections of the specifications. 2.02 Materials for Planting A. Mulch: Except as otherwise specified, mulch shall be shredded Melaleuca mulch - grade "A". All Melaleuca mulch shall be made entirely from the wood and bark of the Melaleuca quinquinerva tree. It shall not contain more than 10% bark (by volume). Shreds and chips shall not be larger the W diameter and 1'/2" in length. Mulch shall be free of weeds, seeds, and any other organic or inorganic material other than Melaleuca wood and bark. It shall not contain stones or other foreign material that will prevent its eventual decay. This shall be applied to all planted areas where indicated so that, after installation, the mulch thickness will not be less than 3". Submit sample for approval. TR 12668 Exhibit 4 B. Peat: Shall be horticultural peat composed of not less than 60% decomposed organic matter by weight, on an oven dried basis. Peat shall be delivered to the site in a workable condition free from lumps. C. Gravel Mulch: Use only where specifically indicated on the plans of the size and type shown. Unless otherwise specified it shall be water -worn, hard durable gravel, washed free of loam, sand, clay and other foreign substances. It shall be a minimum of 3" deep and shall be contained with Permaloc Design Edge or other approved gravel stop. It shall be a maximum of 1 1/2", a minimum of 3/4" and of a readily -available natural gravel color range. Provide geotextile filter fabric below aggregate rock. Submit sample for approval. D. Root Barrier: Where specified, root barriers shall be installed on all tree and palm material in accordance with the root barrier detail provided within the plan drawings. Root barriers shall comply with all requirements of the municipality within which they are located as well as with any utility holder requirements of any affected utilities. In the event that conflicting requirements exist between the root barrier detail provided within the plan documents and the municipality/utility holder requirements, the more stringent of the requirements shall be applicable. E. Planter Edging: Use only where specifically indicated on plans. Edging shall be Permaloc Design Edging in black. Alternate edging may be utilized with prior approval of Landscape Architect F. Anti -desiccant: shall be an emulsion specifically manufactured for agricultural use, which provides a protective film over plant surfaces. Anti -desiccants shall be delivered in containers of the manufacturer and shall be mixed according to the manufacturer's directions. Submit manufacturer literature for approval. 2.03 Materials for Soil Amendment A. Pine Bark: Horticultural -grade milled pine bark, with 80 percent of the material by volume sized between 0.1 and 15.0 mm. 1. Pine bark shall be aged sufficiently to break down all woody material. Pine bark shall be screened. 2. pH shall range between 4 and 7.0. 3.Submit manufacturer literature for approval. B. Organic Matter: Leaf matter and yard waste composted sufficiently to break down all woody fibers, seeds, and leaf structures, and free of toxic and nonorganic matter. Organic matter shall be commercially prepared compost. Submit 0.5 kg (1 lb) sample and suppliers literature for approval. C. Course Sand: Course concrete sand, ASTM C-33 Fine Aggregate, with a Fines Modulus Index of 2.75 or greater. 1. Sands shall be clean, sharp, natural sands free of limestone, shale and slate particles. 2. Provide the following particle size distribution: Sieve Percentage Passing 3/8 in (9.5 mm) 100 No. 4 (4.75 mm) 95-100 No. 8 (2.36 mm) 80-100 No. 16 (1.18 mm) 50-85 No. 30 (0.60 mm) 25-60 No. 50 (0.30 mm) 10-30 No. 100 (0.15 mm) 2-10 TR 12668 Exhibit 4 D. Lime: shall be ground, palletized, or pulverized lime manufactured to meet agricultural standards and contain a maximum of 60 percent oxide (i.e. calcium oxide plus magnesium oxide). Submit manufacturer literature for approval. E. Sulfur: shall be flowers of sulfur, pelletized or granular sulfur, or iron sulfate. Submit manufacturer literature for approval. F. Fertilizer: Agricultural fertilizer of a formula indicated by the soil test. Fertilizers shall be organic, slow -release compositions whenever applicable. Submit manufacturer literature for approval. 2.04 Planting Mix A. Planting Mix 1. Planting Mix for Trees, Shrubs, Groundcovers and vines: Check with landscape architect for appropriate mixture. 2. Planting Mix for Palms: Mixture of course sand and peat mixed to the following proportion: Component Percent by Volume Coarse Sand 75% Peat 25% B. Planting mix shall be thoroughly mixed, screened, and shredded. C. Prior to beginning the mixing process, submit a 1-kg (2-Ib) sample of the proposed mix with soil test results that indicate the mix ratio and the results achieved. D. During the mixing process but prior to installing the mix, submit a 1-kg (2-Ib) sample for each 200 cubic meters (250 cubic yards) of planting mix, taken randomly from the finished soil mix, with soil test results for approval. In the event that the test results do not meet the required particle size distribution, remix and resubmit a revised planting mix. E. Make all amendments of lime/sulfur and fertilizer indicated by the soil test results at the time of mixing. F. All mixing shall take place in the contractors yard, using commercial mixing equipment sufficient to thoroughly mix all components uniformly G. Protect the planting mix from erosion prior to installation. Part 3. Execution 3.01 Excavation of Planted Areas A. Locations for plants and/or outlines of areas to be planted are to be staked out at the site. Locate and mark all subsurface utility lines. Approval of the stakeout by the landscape architect is required before excavation begins. B. Tree, shrub, and groundcover beds are to be excavated to the depth and widths indicated on the landscape plan detail drawings. If the planting area under any tree is initially dug too deep, the soil added to bring it up to the correct level should be thoroughly tamped. 1. The sides of the excavation of all planting areas shall be sloped at a 45 degrees. The bottom of all beds shall slope parallel to the proposed grades or toward any subsurface drain lines within the planting bed. The bottom of the planting bed directly under any tree shall be horizontal such that the tree sits plumb. TR 12668 Exhibit 4 2. Maintain all required angles of repose of the adjacent materials as shown on the drawings. Do not excavate compacted subgrades of adjacent pavement or structures. 3. Subgrade soils shall be separated from the topsoil, removed from the area, and not used as backfill in any planted or lawn area. Excavations shall not be left uncovered or unprotected overnight. C. For trees and shrubs planted in individual holes in areas of good soil that is to remain in place and/or to receive amendment in the top 150-mm (6 in.) layer, excavate the hole to the depth of the root ball and to widths shown on the drawing. Slope the sides of the excavation at a 45 degree angle up and away from the bottom of the excavation. 1. In areas of slowly draining soils, the root ball may be set up to 75 mm (3 in.) or 1/8 of the depth of the root ball above the adjacent soil level. 2. Save the existing soil to be used as backfill around the tree. 3. On steep slopes, the depth of the excavation shall be measured at the center of the hole and the excavation dug as shown on the drawings. D. Detrimental soil conditions: The landscape architect is to be notified, in writing, of soil conditions encountered, including poor drainage, that the contractor considers detrimental to the growth of plant material. When detrimental conditions are uncovered, planting shall be discontinued until instructions to resolve the conditions are received from the landscape architect. E. Obstructions: If rock, underground construction work, utilities, tree roots, or other obstructions are encountered in the excavation of planting areas, alternate locations for any planting shall be determined by the landscape architect. 3.02 Installation of Planting Mix A. Prior to the installation of the planting mix, install subsurface drains, irrigation main lines, lateral lines, and irrigation risers shown on the drawings. B. The landscape architect shall review the preparation of subgrades prior to the installation of planting mix. C. Do not proceed with the installation of planting mix until all utility work in the area has been installed. D. Protect adjacent walls, walks, and utilities from damage or staining by the soil. Use 12-mm (1/2 in.) plywood and/or plastic sheeting as directed to cover existing concrete, metal, masonry work, and other items as directed during the progress of the work. 1. Clean up any soil or dirt spilled on any paved surface at the end of each working day. 2. Any damage to the paving or architectural work caused by the soils installation contractor shall be repaired by the general contractor at the soils installation contractors expense. E. Till the subsoil into the bottom layer of topsoil or planting mix. 1. Loosen the soil of the subgrade to a depth of 50 to 75 mm (2 to 3 in.) with a rototiller or other suitable device. 2. Spread a layer of the specified topsoil or planting mix 50 mm (2 in.) deep over the subgrade. Thoroughly till the planting mix and the subgrade together. TR 12668 Exhibit 4 3. Immediately install the remaining topsoil or planting mix in accordance with the following specifications. Protect the tilled area from traffic. DO NOT allow the tilled subgrade to become compacted. 4. In the event that the tilled area becomes compacted, till the area again prior to installing the planting mix. F. Install the remaining topsoil or planting mix in 200- to 250-mm (8- to 10-in.) lifts to the depths and shown on the drawing details. The depths and grades shown on the drawings are the final grades after soil settlement and shrinkage of the organic material. The contractor shall install the soil at a higher level to anticipate this reduction of soil volume, depending on predicted settling properties for each type of soil. 1. Phase the installation of the soil such that equipment does not have to travel over already -installed topsoil or planting mixes. 2. Compact each lift sufficiently to reduce settling but not enough to prevent the movement of water and feeder roots through the soil. The soil in each lift should feel firm to the foot in all areas and make only slight heel prints. Over compaction shall be determined by the following field percolation test. a. Dig a hole 250 mm (10 in.) in diameter and 250 mm (10 in.) deep. b. Fill the hole with water and let it drain completely. Immediately refill the hole with water, and measure the rate of fall in the water level. c. In the event that the water drains at a rate less than 25 mm (1 in.) per hour, till the soil to a depth required to break the over compaction. d. The landscape architect shall determine the need for, and the number and location of percolation tests based on observed field conditions of the soil. 3. Maintain moisture conditions within the soils during installation to allow for satisfactory compaction. Suspend installation operations if the soil becomes wet. Do not place soils on wet subgrade. 4. Provide adequate equipment to achieve consistent and uniform compaction of the soils. Use the smallest equipment that can reasonably perform the task of spreading and compaction. 5. Add lime, sulfur, fertilizer, and other amendments during soil installation. Spread the amendments over the top layer of soil and till into the top 100 mm (4 in.) of soil. Soil amendments may be added at the same time that organic matter, when required, is added to the top layer of soil. 6. Protect soil from over compaction after placement. An area that becomes over compacted shall be tilled to a depth of 125 mm (6 in.). Uneven or settled areas shall be filled and regraded. 3.03 Fine Grading A. It shall be the responsibility of the Contractor to finish grade (min. 6" below adjacent F.F.E.). Finish grades in planting areas shall be one inch lower than adjacent paving and are to include 3" of mulching. New earthwork shall blend smoothly into the existing earthwork, and grades shall pitch evenly between spot grades. All planted areas must pitch to drain at a minimum of 1/4" TR 12668 Exhibit 4 per foot. Any discrepancies not allowing this to occur shall be reported to the Landscape Architect prior to continuing work. B. Fill all dips and remove any bumps in the overall plane of the slope. 1. The tolerance for dips and bumps in lawn areas shall be a 12-mm (1/2 in.) deviation from the plane in 3,000 mm (10 ft). 2. The tolerance for dips and bumps in shrub planting areas shall be a 25- mm (1 in.) deviation from the plane in 3,000 mm (10 ft). 3. All fine grading shall be inspected and approved by the landscape architect prior to planting, mulching, sodding, or seeding. C. Berming shall not be placed within 10' of any existing tree nor will it be allowed to encroach upon any utility, drainage, or maintenance easement. Berming shall not impede or obstruct any necessary swales needed to drain other areas for the property. 3.04 Planting Operations A. Plants shall be set on flat -tamped or unexcavated pads at the same relationship to finished grade as they were to the ground from which they were dug, unless otherwise noted on the drawings. Plants must be set plumb and braced in position until topsoil or planting mix has been placed and tamped around the base of the root ball. Improper compacting of the soil around the root ball may result in the tree settling or leaning. Plants shall be set so that they will be at the same depth and so that the root ball does not shift or move laterally one year later. 1. Determine the elevation of the root flare and ensure that it is planted at grade. This may require that the tree be set higher than the grade in the nursery. 2. If the root flare is less than 50 mm (2 in.) below the soil level of the root ball, plant the tree the appropriate level above the grade to set the flare even with the grade. If the flare is more than 50 mm (2 in) at the center of the root ball the tree shall be rejected. B. Lift plants only from the bottom of the root balls or with belts or lifting harnesses of sufficient width not to damage the root balls. Do not lift trees by their trunk or use the trunk as a lever in positioning or moving the tree in the planting area. C. Remove plastic, paper, or fiber pots from containerized plant material. Pull roots out of the root mat. Loosen the potting medium and shake away from the root mat. Immediately after removing the container, install the plant such that the roots do not dry out. Pack planting mix around the exposed roots while planting. D. The roots of bare -root trees shall be pruned at the time of planting to remove damaged or undesirable roots (those likely to become a detriment to future growth of the root system). Bare -root trees shall have the roots spread to approximate the natural position of the roots and shall be centered in the planting pit. The planting -soil backfill shall be worked firmly into and around the roots, with care taken to fill in completely with no air pockets. E. Cut ropes or strings from the top of shrub root balls and trees smaller than 3 in. caliper after plant has been set. Remove burlap or cloth wrapping and any wire baskets from around top half of balls. Do not turn under and bury portions of burlap at top of ball. TR 12668 Exhibit 4 1. Do not immediately remove the ropes and burlap from trees larger than 3 in. caliper. Return to each tree three months after planting and cut all ropes around the trunks and tops of the root balls of these trees. 2. Completely remove any waterproof or water -repellant strings or wrappings from the root ball and trunk before backfilling. F. Set balled and burlapped trees in the hole with the north marker facing north unless otherwise approved by the landscape architect. G. Place native soil, topsoil, or planting mix into the area around the tree, tamping lightly to reduce settlement. 1. For plants planted in individual holes in existing soil, add any required soil amendments to the soils, as the material is being backfilled around the plant. Ensure that the amendments are thoroughly mixed into the backfill. 2. For plants planted in large beds of prepared soil, add soil amendments during the soil installation process. 3. Ensure that the backfill immediately around the base of the root ball is tamped with foot pressure sufficient to prevent the root ball from shifting or leaning. H. Solid sod shall be laid with closely abutting joints with a tamped or rolled, even surface. Stagger strips to offset joints in adjacent courses. Bring the sod edge in a neat, clean manner to the edge of all paving and shrub areas. Sod along slopes shall be pegged to hold sod in place along slopes or banks a wood peg acceptable to the Landscape Architect shall be used at no additional cost to the Owner. If, in the opinion of the Landscape Architect, top -dressing is necessary after rolling, clean sand will be evenly applied over the entire surface and thoroughly washed in without additional charge. I. Thoroughly water all plants immediately after planting. Apply water by hose directly to the root ball and the adjacent soil. J. Remove all tags, labels, strings, etc. from all plants. K. Remove any excess soil, debris, and planting material from the job site at the end of each workday. L. Form watering saucers 100 mm (4 in.) high immediately outside the area of the root ball of each tree as indicated on the drawings. 3.05 Relocation of Existing Material: A. Landscape Contractor shall root prune trees which are to be relocated in accordance with approved horticultural practices, ANSI 300 guidelines, and the following procedures. 1. Select a healthy tree 2. Selectively trim the canopy removing dead limbs, cross branching over crowned areas, and lower undesirable limbs. Fertilize and water trees before pruning. 3. Root prune 50% of the root system approximately 18"-2' deep (depending upon species and size). This is done by hand with sharp hand tools or a root pruning saw. The diameter of the root ball to be pruned is 8-12 inches per every one inch of diameter at breast height of the tree. 4. Back fill the existing soil with peat moss to stimulate new root growth of the pruned roots. TR 12668 Exhibit 4 5. Water in thoroughly and treat with a mycorrhizae and a low nitrogen fertilizer (so not to burn the pruned roots). Brace trees if deemed necessary. 6. The root pruned tree should be watered every day (especially during warm months of the season), the equivalent of 5 gallons for every DBH of tree per day. 7. Root pruned trees should be let to stand for a minimum of 6 weeks for trees less than 8" DBH and as long as 3 months for larger specimens prior to transplanting. 8. The remaining roots may be trimmed at time of transplanting. All transplants shall be made with use of a tree spade or according to ANSI 300 guidelines. 9. For best results and survivorship, new root growth should be evident on root pruned trees prior to transplanting. 10. Palms shall be moved atone time and shall be relocated using a tree spade, care shall be taken to wrap and protect all trunks from Impact wounds from heavy equipment. No palms shall be wrenched out by the trunk with a backhoe. 11. Upon transplanting, water should be applied every day as outlined in step 6 for 42 days, reduced to 3 times per week for the next 3 months, 2 times per week for the next 6 months. 3.06 Staking and Guying A. The Contractor shall stake all trees and palms in accordance with the tree and palm staking details provided within the plan drawings. Alternate methods of guying or staking may be employed with the prior approval of the Landscape Architect. B. The Contractor shall be responsible for the replacement or adjustment of all trees, palms or shrubs that fall or lean during the guarantee period. The Contractor shall be responsible for any damage caused by the falling or leaning of trees. C. Stakes and guys shall be installed immediately upon approval or planting, and shall be removed in accordance with the staking details provide within the plan drawings. Any tree that is not stable at the end of the warranty period shall be rejected. 3.07 Pruning A. Plants shall not be heavily pruned at the time of planting. Pruning is required at planting time to correct defects in the tree structure, including removal of injured branches, waterspouts, suckers, and interfering branches. Healthy lower branches and interior small twigs should not be removed except as necessary to clear walks and roads. In no case should more than one -quarter of the branching structure be removed. Retain the normal or natural shape of the plant. B. All pruning shall be completed using clean, sharp tools. All cuts shall be clean and smooth, with the bark intact with no rough edges or tears. C. Pruning of large trees shall be done from a hydraulic man -lift such that it is not necessary to climb the tree. 3.08 Mulching TR 12668 Exhibit 4 A. All trees, palms, shrubs, and other plantings will be mulched with mulch previously approved by the landscape architect. The mulch shall be a minimum 3" thick layer over all tree, shrub and ground cover planting areas, unless otherwise specified. All mulch layers shall be of the specified thickness at the time of the final acceptance of the work. Mulch must not be placed within 3 inches of the trunks of trees, palms or shrubs. B. Place mulch at least 3" in depth in a circle around all trees located in lawn areas. The diameter of the circle shall be 18" in diameter larger than the ball of the plant provided. Mulch must not be placed within 3 inches of the trunks of trees, palms or shrubs. 3.09 Maintenance of Trees, Shrubs, and Vines A. Maintenance shall begin immediately after each plant is planted and continue until its acceptance has been confirmed by the landscape architect. B. Maintenance shall consist of pruning, watering, cultivating, weeding, mulching, fertilizing, tightening and repairing guys and stakes, resetting plants to proper grades or upright position, restoring of the planting saucer, and furnishing and applying such sprays or other materials as necessary to keep plantings free of insects and diseases and in vigorous condition. C. Planting areas and plants shall be protected at all times against trespassing and damage of all kinds for the duration of the maintenance period. If a plant becomes damaged or injured, it shall be treated or replaced as directed by the landscape architect at no additional cost. D. Watering: Contractor shall irrigate as required to maintain vigorous and healthy tree growth. Overwatering or flooding shall not be allowed. The contractor shall monitor, adjust, and use existing irrigation facilities, if available, and furnish any additional material, equipment, or water to ensure adequate irrigation. Root balls of all trees and large shrubs shall be spot watered using handheld hoses during the first four months after planting, as required to ensure adequate water within the root ball. E. During periods of restricted water usage, all governmental regulations (permanent and temporary) shall be followed. The contractor may have to transport water from ponds or other sources, at no additional expense to the owner when irrigation systems are unavailable. F. Remove soil ridges from around watering basins prior to end of maintenance period, as directed by Landscape Architect 3.10 Acceptance A. The landscape architect shall inspect all work for acceptance upon written request of the contractor. The request shall be received at least ten calendar days before the anticipated date of inspection. B. Acceptance of plant material shall be for general conformance to specified size, character, and quality and shall not relieve the contractor of responsibility for full conformance to the contract documents, including correct species. C. Upon completion and re -inspection of all repairs or renewals necessary in the judgment of the landscape architect, the landscape architect shall certify in writing that the work has been accepted. 3.11 Acceptance in Part TR 12668 Exhibit 4 A. Work may be accepted in parts when the landscape architect and contractor deem that practice to be in their mutual interest. Approval must be given in writing by the landscape architect to the contractor verifying that the work is to be completed in parts. Acceptance of work in parts shall not waive any other provision of this contract. 3.12 Guarantee Period and Replacements A. The guarantee period for trees and shrubs shall begin at the date of acceptance. B. The contractor shall guarantee all plant material to be in healthy and flourishing condition for a period of one year from the date of acceptance. C. When work is accepted in parts, the guarantee periods extend from each of the partial acceptances to the terminal date of the guarantee of the last acceptance. Thus, all guarantee periods terminate at one time. D. The contractor shall replace, without cost, as soon as weather conditions permit, and within a specified planting period, all plants determined by the landscape architect to be dead or in an unacceptable condition during and at the end of the guarantee period. To be considered acceptable, plants shall be free of dead or dying branches and branch tips and shall bear foliage of normal density, size, and color. Replacements shall closely match adjacent specimens of the same species. Replacements shall be subject to all requirements stated in this specification. E. The guarantee of all replacement plants shall extend for an additional period of one year from the date of their acceptance after replacement. In the event that a replacement plant is not acceptable during or at the end of said extended guarantee period, the landscape architect may elect subsequent replacement or credit for that item. F. At the end of the guarantee, the contractor shall reset grades that have settled below the proposed grades on the drawings. G. The contractor shall make periodic inspections, at no extra cost, during the guarantee period to determine what changes, if any, should be made in the maintenance program. If changes are recommended, they shall be submitted in writing to the landscape architect. Claims by the contractor that the owners maintenance practices or lack of maintenance resulted in dead or dying plants will not be considered if such claims have not been documented by the contractor during the guarantee period. 3.13 Final Inspection and Final Acceptance A. At the end of the guarantee period and upon written request of the contractor, the landscape architect will inspect all guaranteed work for final acceptance. The request shall be received at least ten calendar days before the anticipated date for final inspection. Upon completion and re -inspection of all repairs or renewals necessary in the judgment of the landscape architect at that time, the landscape architect shall certify, in writing, that the project has received final acceptance. TR 12668 Exhibit 4 SECTION 03300 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies cast -in place concrete, including formwork, reinforcement, concrete materials, mix design, placement procedures and finishes. 1.3 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement, fly ash and other pozzolans, ground granulated blast -furnace slag, and silica fume. 1.4 SUBMITTALS A. Product Data: For each type of manufactured material and product indicated. B. Design Mixes: For each concrete mix. Include alternate mix designs when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments. 1. Indicate amounts of mix water to be withheld for later addition at Project site. C. Steel Reinforcement Shop Drawings: Details of fabrication, bending, and placement, prepared according to ACI 315, "Details and Detailing of Concrete Reinforcement." Include material, grade, bar schedules, stirrup spacing, bent bar diagrams, arrangement, and supports of concrete reinforcement. Include special reinforcement required for openings through concrete structures. D. Formwork Shop Drawings: Prepared by or under the supervision of a qualified professional engineer detailing fabrication, assembly, and support of formwork. Design and engineering of formwork are Contractor's responsibility. 1. Shoring and Re -shoring: Indicate proposed schedule and sequence of stripping formwork, shoring removal, and installing and removing re -shoring. E. Welding Certificates: Copies of certificates for welding procedures and personnel. F. Material Test Reports: From a qualified testing agency indicating and interpreting test results for compliance of the following with requirements indicated, based on comprehensive testing of current materials: TR 12668 Exhibit 4 G. Material Certificates: Signed by manufacturers certifying that each of the following items complies with requirements: 1. Cementitious materials and aggregates. 2. Form materials and form -release agents. 3. Steel reinforcement and reinforcement accessories. 4. Fiber reinforcement. 5. Admixtures. 6. Waterstops. 7. Curing materials. 8. Floor and slab treatments. 9. Bonding agents. 10. Adhesives. 11. Vapor retarders. 12. Epoxy joint filler. 13. Joint -filler strips. 14. Repair materials. H. Minutes of pre -installation conference. 1.5 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed concrete Work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for formwork and shoring and re -shoring installations that are similar to those indicated for this Project in material, design, and extent. C. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. 1. Manufacturer must be certified according to the National Ready Mixed Concrete Association's Certification of Ready Mixed Concrete Production Facilities. D. Testing Agency Qualifications: An independent testing agency, acceptable to authorities having jurisdiction, qualified according to ASTM C 1077 and ASTM E 329 to conduct the testing indicated, as documented according to ASTM E 548. 1. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing Technician, Grade 1, according to ACI CP-1 or an equivalent certification program. E. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, each aggregate from one source, and each admixture from the same manufacturer. F. Welding: Qualify procedures and personnel according to AWS D1.4, "Structural Welding Code --Reinforcing Steel." G. ACI Publications: Comply with the following, unless more stringent provisions are indicated: 1. ACI 301, "Specification for Structural Concrete." 2. ACI 117, "Specifications for Tolerances for Concrete Construction and Materials." TR 12668 Exhibit 4 PART 2 - PRODUCTS 2.1 FORM -FACING MATERIALS A. Smooth -Formed Finished Concrete: Form -facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints. 1. Plywood, metal, or other approved panel materials. 2. Exterior -grade plywood panels, suitable for concrete forms, complying with DOC PS 1, and as follows: a. High -density overlay, Class 1, or better. b. Medium -density overlay, Class 1, or better, mill -release agent treated and edge sealed. C. Structural 1, B-B, or better, mill oiled and edge sealed. d. B-B (Concrete Form), Class 1, or better, mill oiled and edge sealed. 2.2 STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (Grade 420), deformed. B. Plain -Steel Wire: ASTM A 82, as drawn. 2.3 REINFORCEMENT ACCESSORIES A. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire fabric in place. Manufacture bar supports according to CRSI's "Manual of Standard Practice" from steel wire, plastic, or precast concrete or fiber -reinforced concrete of greater compressive strength than concrete, and as follows: 1. For concrete surfaces exposed to view where legs of wire bar supports contact forms, use CRSI Class 1 plastic -protected or CRSI Class 2 stainless -steel bar supports. B. Joint Dowel Bars: Plain -steel bars, ASTM A 615/A 615M, Grade-60 (Grade-420). Cut bars true to length with ends square and free of burrs. 2.4 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type II. 1. Fly Ash: ASTM C 618, Class C or F. 2. Fly Ash: ASTM C 618, Class F. 3. Ground Granulated Blast -Furnace Slag: ASTM C 989, Grade 100 or 120. B. Silica Fume: ASTM C 1240, amorphous silica. C. Normal -Weight Aggregate: ASTM C 33, uniformly graded, and as follows: 1. Class: Moderate weathering region, but not less than 3M. 2. Nominal Maximum Aggregate Size: 1-inch (25 mm). 3. Combined Aggregate Gradation: Well graded from coarsest to finest with not more than 18-percent and not less than 8-percent retained on an individual sieve, except that less than 8-percent may be retained on coarsest sieve and on No. 50 (0.3-mm) sieve, and less than 8-percent may be retained on sieves finer than No. 50 (0.3 mm). TR 12668 Exhibit 4 D. Water: Potable and complying with ASTM C 94. 2.5 ADMIXTURES A. General: Admixtures certified by manufacturer to contain not more than 0.1-percent water- soluble chloride ions by mass of cementitious material and to be compatible with other admixtures and cementitious materials. Do not use admixtures containing calcium chloride. B. Air -Entraining Admixture: ASTM C 260. C. Water -Reducing Admixture: ASTM C 494, Type A. D. High -Range, Water -Reducing Admixture: ASTM C 494, Type F. E. Water -Reducing and Accelerating Admixture: ASTM C 494, Type E. F. Water -Reducing and Retarding Admixture: ASTM C 494, Type D. G. Corrosion -Inhibiting Admixture: Commercially formulated, anodic inhibitor or mixed cathodic and anodic inhibitor; capable of forming a protective barrier and minimizing chloride reactions with steel reinforcement in concrete. 1. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the following: 2. Products: Subject to compliance with requirements, provide one of the following: a. Catexol 1000CL; Axim Concrete Technologies. b. MCI 2000 or MCI 2005; Cortec Corporation. C. DCI or DCI-S; W. R. Grace & Co., Construction Products Div. d. Rheocrete 222+; Master Builders, Inc. e. FerroGard-901; Sika Corporation 2.6 WATERSTOPS A. Flexible Rubber Waterstops: CE CRD-C 513, for embedding in concrete to prevent passage of fluids through joints. Factory fabricated corners, intersections, and directional changes. 1. Profile: Flat, dumbbell with center bulb. 2. Profile: Flat, dumbbell without center bulb. 3. Profile: Ribbed with center bulb. 4. Profile: Ribbed without center bulb. 5. Profile: As indicated. B. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: C. Manufacturers: Subject to compliance with following: 1. Rubber Waterstops: a. Greenstreak. b. Progress Unlimited Inc. C. Westec Barrier Technologies; Div d. Williams Products, Inc. requirements, provide products by one of the of Western Textile Products, Inc. TR 12668 Exhibit 4 D. Self -Expanding Strip Waterstops: Manufactured rectangular or trapezoidal strip, sodium bentonite or other hydrophylic material for adhesive bonding to concrete. 1. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the following: 2. Products: Subject to compliance with requirements, provide one of the following: a. Volclay Waterstop-RX; Colloid Environmental Technologies Co. b. Conseal CS-231; Concrete Sealants Inc. C. Swellseal Joint; De Neef Construction Chemicals (U.S.) Inc. d. Hydrotite; Greenstreak. e. Mirastop; Mirafi Moisture Protection, Div. of Royal Ten Cate (USA), Inc. f. Adeka Ultra Seal; Mitsubishi International Corporation. g. Superstop; Progress Unlimited Inc. 2.7 FLOOR AND SLAB TREATMENTS A. Slip -Resistive Aggregate Finish: Factory -graded, packaged, rustproof, non -glazing, abrasive aggregate of fused aluminum -oxide granules or crushed emery with emery aggregate containing not less than 50-percent aluminum oxide and not less than 25-percent ferric oxide; unaffected by freezing, moisture, and cleaning materials. B. Non -pigmented Mineral Dry -Shake Floor Hardener: Factory -packaged dry combination of Portland cement, graded quartz aggregate and plasticizing admixture. C. Pigmented Mineral Dry -Shake Floor Hardener: Factory -packaged dry combination of Portland cement, graded quartz aggregate, coloring pigments, and plasticizing admixture. Use coloring pigments that are finely ground, non -fading mineral oxides interground with cement. 1. Colors: Match Architect's samples. 2. Colors: As indicated by referencing manufacturer's designations. 3. Colors: As selected by Architect from manufacturer's full range for these characteristics. D. Penetrating Liquid Floor Treatment: Chemically reactive, waterborne solution of inorganic silicate or siliconate materials and proprietary components; odorless; colorless; that penetrates, hardens, and densifies concrete surfaces. E. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the following: F. Products: Subject to compliance with requirements, provide one of the following: 1. Unpigmented Mineral Dry -Shake Floor Hardener: a. Non -Metallic Floor Hardener; Burke Group, LLC (The). b. Concolor; ChemMasters. C. Conshake 500; Conspec Marketing & Manufacturing Co., Inc. d. Quartz Tuff; Dayton Superior Corporation. e. Surflex; Euclid Chemical Co. f. Tycron; Kaufman Products, Inc. g. Colorhard; Lambert Corporation. h. Quartzplate; L&M Construction Chemicals, Inc. i. Maximent; Master Builders, Inc. j. Floor Quartz; Metalcrete Industries. k. Hard Top; Richmond Screw Anchor Co. I. Lithochrome Color Hardener; L. M. Scofield Co. M. Harcol; Sonneborn, Div. of ChemRex, Inc. TR 12668 Exhibit 4 n. Durag Premium; Sternson Group. o. Hard Top; Symons Corporation. 2. Pigmented Mineral Dry -Shake Floor Hardener: a. Non -Metallic Floor Hardener; Burke Group, LLC (The). b. Concolor; ChemMasters. C. Conshake 600; Conspec Marketing & Manufacturing Co., Inc. d. Quartz Tuff; Dayton Superior Corporation. e. Surflex; Euclid Chemical Co. f. Tycron; Kaufman Products, Inc. g. Colorhard; Lambert Corporation. h. Quartzplate; L&M Construction Chemicals, Inc. i. Maximent; Master Builders, Inc. j. Floor Quartz; Metalcrete Industries. k. Lithochrome Color Hardener; L. M. Scofield Co. I. Harcol; Sonneborn, Div. of ChemRex, Inc. M. Colorplete; Sternson Group. 3. Penetrating Liquid Floor Treatment: a. Titan Hard; Burke Group, LLC (The). b. Chemisil Plus; ChemMasters. C. Intraseal; Conspec Marketing & Manufacturing Co., Inc. d. Ashford Formula; Curecrete Chemical Co., Inc. e. Day -Chem Sure Hard; Dayton Superior Corporation. f. Euco Diamond Hard; Euclid Chemical Co. g. Seal Hard; L&M Construction Chemicals, Inc. h. Vexcon Starseal PS; Vexcon Chemicals, Inc. 2.8 CURING MATERIALS A. Evaporation Retarder: Waterborne, monomolecular film forming, manufactured for application to fresh concrete. B. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq. yd. (305 g/sq. m) dry. C. Moisture -Retaining Cover: ASTM C 171, polyethylene film or white burlap -polyethylene sheet. D. Water: Potable. E. Clear, Solvent -Borne, Membrane -Forming Curing Compound: ASTM C 309, Type 1, Class B. F. Clear, Waterborne, Membrane -Forming Curing Compound: ASTM C 309, Type 1, Class B. G. Clear, Waterborne, Membrane -Forming Curing Compound: ASTM C 309, Type 1, Class B, 18 to 22-percent solids. H. Clear, Solvent -Borne, Membrane -Forming Curing and Sealing Compound: ASTM C 1315, Type 1, Class A. Clear, Waterborne, Membrane -Forming Curing and Sealing Compound: ASTM C 1315, Type 1, Class A. TR 12668 Exhibit 4 Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the following: K. Products: Subject to compliance with requirements, provide one of the following: 1. Evaporation Retarder: a. Cimfilm; Axim Concrete Technologies. b. Finishing Aid Concentrate; Burke Group, LLC (The). C. Spray -Film; ChemMasters. d. Aquafilm; Conspec Marketing & Manufacturing Co., Inc. e. Sure Film; Dayton Superior Corporation. f. Eucobar; Euclid Chemical Co. g. Vapor Aid; Kaufman Products, Inc. h. Lambco Skin; Lambert Corporation. i. E-Con; L&M Construction Chemicals, Inc. j. Confilm; Master Builders, Inc. k. Waterhold; Metalcrete Industries. I. Rich Film; Richmond Screw Anchor Co. M. SikaFilm; Sika Corporation. n. Finishing Aid; Symons Corporation. o. Certi-Vex EnvioAssist; Vexcon Chemicals, Inc. 2. Clear, Solvent -Borne, Membrane -Forming Curing Compound: a. AH Clear Cure; Anti -Hydro International, Inc. b. Spartan -Cote; Burke Group, LLC (The). C. Spray -Cure & Seal 15; ChemMasters. d. Conspec #1 -1 5-percent solids; Conspec Marketing & Manufacturing Co., Inc. e. Day -Chem Cure and Seal; Dayton Superior Corporation. f. Diamond Clear; Euclid Chemical Co. g. Nitocure S; Fosroc. h. Cure & Seal 309; Kaufman Products Inc. i. Lambco 120; Lambert Corporation. j. L&M Dress & Seal 18; L&M Construction Chemicals, Inc. k. CS-309; W. R. Meadows, Inc. I. Seal N Kure; Metalcrete Industries. M. Rich Seal 14-percent UV; Richmond Screw Anchor Co. n. Kure-N-Seal; Sonneborn, Div. of ChemRex, Inc. o. Flortec 14; Sternson Group. p. Cure & Seal 14-percent; Symons Corporation. q. Clear Seal 150; Tamms Industries Co., Div. of LaPorte Construction Chemicals of North America, Inc. r. Acrylic Cure; Unitex. S. Certi-Vex AC 309; Vexcon Chemicals, Inc. 3. Clear, Waterborne, Membrane -Forming Curing Compound: a. AH Clear Cure WB; Anti -Hydro International, Inc. b. Klear Kote WB II Regular; Burke Chemicals. C. Safe -Cure & Seal 20; ChemMasters. d. High Seal; Conspec Marketing & Manufacturing Co., Inc. e. Safe Cure and Seal; Dayton Superior Corporation. f. Aqua Cure VOX; Euclid Chemical Co. g. Cure & Seal 309 Emulsion; Kaufman Products Inc. h. Glazecote Sealer-20; Lambert Corporation. i. Dress & Seal WB; L&M Construction Chemicals, Inc. j. Vocomp-20; W. R. Meadows, Inc. k. Metcure; Metalcrete Industries. TR 12668 Exhibit 4 I. Cure & Seal 150E; Nox-Crete Products Group, Kinsman Corporation. M. Rich Seal 14-percent E; Richmond Screw Anchor Co. n. Kure-N-Seal WB; Sonneborn, Div. of ChemRex, Inc. o. Florseal W.B.; Sternson Group. p. Cure & Seal 14-percent E; Symons Corporation. q. Seal Cure WB 150; Tamms Industries Co., Div. of LaPorte Construction Chemicals of North America, Inc. r. Hydro Seal; Unitex. S. Starseal 309; Vexcon Chemicals, Inc. 4. Clear, Waterborne, Membrane -Forming Curing Compound, 18 to 22-percent Solids: a. Klear Kote WB II 20-percent; Burke Chemicals. b. Safe -Cure & Seal 20; ChemMasters. C. Conspec 21; Conspec Marketing & Manufacturing Co., Inc. d. Diamond Clear VOX; Euclid Chemical Co. e. SureCure Emulsion; Kaufman Products Inc. f. Glazecote Sealer-20; Lambert Corporation. g. Dress & Seal WB; L&M Construction Chemicals, Inc. h. Vocomp-20-1 W. R. Meadows, Inc. i. Metcure 0800; Metalcrete Industries. j. Cure & Seal 200E-1 Nox-Crete Products Group, Kinsman Corporation. k. Rich Seal 18-percent E; Richmond Screw Anchor Co. I. Kure-N-Seal W; Sonneborn, Div. of ChemRex, Inc. M. Florseal W.B.; Sternson Group. n. Cure & Seal 18-percent E; Symons Corporation. o. Seal Cure WB STD; Tamms Industries Co., Div. of LaPorte Construction Chemicals of North America, Inc. p. Hydro Seal 800; Unitex. q. Starseal 0800; Vexcon Chemicals, Inc. 5. Clear, Solvent -Borne, Membrane -Forming Curing and Sealing Compound: a. Spray -Cure & Seal Plus; ChemMasters. b. UV Super Seal; Lambert Corporation. C. Lumiseal Plus; L&M Construction Chemicals, Inc. d. CS-309/30; W. R. Meadows, Inc. e. Seal N Kure 30; Metalcrete Industries. f. Rich Seal 31-percent UV; Richmond Screw Anchor Co. g. Cure & Seal 31-percent UV; Symons Corporation. h. Certi-Vex AC 1315; Vexcon Chemicals, Inc. 6. Clear, Waterborne, Membrane -Forming Curing and Sealing Compound: a. Klear-Kote Cure -Sealer -Hardener, 30-percent solids; Burke Group, LLC (The). b. Polyseal WB; ChemMasters. C. UV Safe Seal; Lambert Corporation. d. Lumiseal WB Plus; L&M Construction Chemicals, Inc. e. Vocomp-30; W. R. Meadows, Inc. f. Metcure 30; Metalcrete Industries. g. Vexcon Starseal 1315; Vexcon Chemicals, Inc. 2.9 RELATED MATERIALS A. Joint -Filler Strips: ASTM D 1751, asphalt -saturated cellulosic fiber. B. Joint -Filler Strips: ASTM D 1752, cork or self -expanding cork. TR 12668 Exhibit 4 C. Joint -Filler Strips: ASTM D 1751, asphalt -saturated cellulosic fiber, or ASTM D 1752, cork or self -expanding cork. D. Epoxy Joint Filler: Two -component, semi -rigid, 100-percent solids, epoxy resin with a Shore A hardness of 80 per ASTM D 2240. E. Bonding Agent: ASTM C 1059, Type 11, non-redispersible, acrylic emulsion or styrene butadiene. F. Epoxy -Bonding Adhesive: ASTM C 881, two -component epoxy resin, capable of humid curing and bonding to damp surfaces, of class and grade to suit requirements, and as follows: 1. Type II, non -load bearing, for bonding freshly mixed concrete to hardened concrete. 2. Types I and 11, non -load bearing, for bonding hardened or freshly mixed concrete to hardened concrete. 3. Types IV and V, load bearing, for bonding hardened or freshly mixed concrete to hardened concrete. G. Reglets: Fabricate reglets of not less than 0.0217-inch- (0.55-mm-) thick galvanized steel sheet. Temporarily fill or cover face opening of reglet to prevent intrusion of concrete or debris. H. Dovetail Anchor Slots: Hot -dip galvanized steel sheet, not less than 0.0336-inch (0.85 mm) thick, with bent tab anchors. Temporarily fill or cover face opening of slots to prevent intrusion of concrete or debris. 2.10 REPAIR MATERIALS A. Repair Underlayment: Cement -based, polymer -modified, self -leveling product that can be applied in thicknesses from 1/8-inch (3.2 mm) and that can be feathered at edges to match adjacent floor elevations. 1. Cement Binder: ASTM C 150, Portland cement or hydraulic or blended hydraulic cement as defined in ASTM C 219. 2. Primer: Product of underlayment manufacturer recommended for substrate, conditions, and application. 3. Aggregate: Well -graded, washed gravel, 1/8- to 1/4- inch (3 to 6 mm) or coarse sand as recommended by underlayment manufacturer. 4. Compressive Strength: Not less than 4100 psi (29 MPa) at 28-days when tested according to ASTM C 109/C 109M. B. Repair Topping: Traffic -bearing, cement -based, polymer -modified, self -leveling product that can be applied in thicknesses from 1/4- inch (6 mm). 1. Cement Binder: ASTM C 150, Portland cement or hydraulic or blended hydraulic cement as defined in ASTM C 219. 2. Primer: Product of topping manufacturer recommended for substrate, conditions, and application. 3. Aggregate: Well -graded, washed gravel, 1/8- to 1/4 -inch (3 to 6 mm) or coarse sand as recommended by topping manufacturer. 4. Compressive Strength: Not less than 5700 psi (39 MPa) at 28-days when tested according to ASTM C 109/C 109M. TR 12668 Exhibit 4 2.11 CONCRETE MIXES A. Prepare design mixes for each type and strength of concrete determined by either laboratory trial mix or field test data bases, as follows: Proportion normal -weight concrete according to ACI 211.1 and ACI 301. B. Use a qualified independent testing agency for preparing and reporting proposed mix designs for the laboratory trial mix basis. C. Slab -on -Grade: Proportion normal -weight concrete mix as follows: 1. Compressive Strength (28 Days): 3000 psi (20.7 MPa). 2. Minimum Cementitious Materials Content: 520- lb/cu. yd. (309 kg/cu. m). 3. Maximum Slump: 5-inches (125 mm). D. Suspended Slabs: Proportion normal -weight concrete mix as follows: 1. Compressive Strength (28-Days): 4000 psi (27.6 MPa). 2. Maximum Slump: 5-inches (125 mm). 3. Inches (125 mm). E. Building Frame Members: Proportion normal -weight concrete mix as follows: 1. Compressive Strength (28-Days): 4000 psi (27.6 MPa). 2. Maximum Slump: 5-inches (125 mm). 3. Maximum Slump for Concrete Containing High -Range Water -Reducing Admixture: 8- inches (200 mm) after admixture is added to concrete with 2- to 4-inch (50- to 100-mm) slump. F. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than Portland cement in concrete as follows: 1. Fly Ash: 25-percent. 2. Combined Fly Ash and Pozzolan: 25-percent. 3. Ground Granulated Blast -Furnace Slag: 50-percent. 4. Combined Fly Ash or Pozzolan and Ground Granulated Blast -Furnace Slag: 50-percent Portland cement minimum, with fly ash or pozzolan not exceeding 25-percent. 5. Silica Fume: 10-percent. 6. Combined Fly Ash, Pozzolans, and Silica Fume: 35-percent with fly ash or pozzolans not exceeding 25-percent and silica fume not exceeding 10-percent. 7. Combined Fly Ash or Pozzolans, Ground Granulated Blast -Furnace Slag, and Silica Fume: 50-percent Portland cement minimum, with fly ash or pozzolans not exceeding 25 percent and silica fume not exceeding 10-percent. G. Maximum Water-Cementitious Materials Ratio: 0.40 for corrosion protection of steel reinforcement in concrete exposed to chlorides from deicing chemicals, salt, saltwater, brackish water, seawater, or spray from these sources. H. Air Content: Add air -entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content as follows within a tolerance of plus 1 or minus 1.5-percent, unless otherwise indicated: 1. Air Content: 5.5-percent for 1-1/2-inch- (38-mm-) nominal maximum aggregate size. 2. Air Content: 6-percent for 1-inch- (25-mm-) nominal maximum aggregate size. 3. Air Content: 6-percent for 3/4-inch- (19-mm-) nominal maximum aggregate size. TR 12668 Exhibit 4 2.12 0 2.13 Limit water-soluble, chloride -ion content in hardened concrete to 0.15-percent by weight of cement. Admixtures: Use admixtures according to manufacturer's written instructions. 1. Use water -reducing admixture or high -range water -reducing admixture (superplasticizer) in concrete, as required, for placement and workability. 2. Use water -reducing and retarding admixture when required by high temperatures, low humidity, or other adverse placement conditions. 3. Use water -reducing admixture in pumped concrete, concrete for heavy -use industrial slabs and parking structure slabs, concrete required to be watertight, and concrete with a water-cementitious materials ratio below 0.50. 4. Use corrosion -inhibiting admixture in concrete mixes where indicated. FABRICATING REINFORCEMENT Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice." CONCRETE MIXING A. Ready -Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94 and ASTM C 1116, and furnish batch ticket information. 1. When air temperature is between 85 and 90-deg F (30 and 32 deg C), reduce mixing and delivery time from 1-1/2-hours to 75-minutes; when air temperature is above 90- deg F (32 deg C), reduce mixing and delivery time to 60 minutes. B. Project -Site Mixing: Measure, batch, and mix concrete materials and concrete according to ASTM C 94. Mix concrete materials in appropriate drum -type batch machine mixer. 1. For mixer capacity of 1- cu. yd. (0.76 cu. m) or smaller, continue mixing at least one and one-half minutes, but not more than five minutes after ingredients are in mixer, before any part of batch is released. 2. For mixer capacity larger than 1- cu. yd. (0.76 cu. m), increase mixing time by 15 seconds for each additional 1- cu. yd. (0.76 cu. m). 3. Provide batch ticket for each batch discharged and used in the Work, indicating Project identification name and number, date, mix type, mix time, quantity, and amount of water added. Record approximate location of final deposit in structure. PART 3 - EXECUTION 3.1 FORMWORK A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until concrete structure can support such loads. B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117. C. Limit concrete surface irregularities, designated by ACI 347R as abrupt or gradual, as follows: 1. Class A, 1/8-inch (3 mm). TR 12668 Exhibit 4 D. Construct forms tight enough to prevent loss of concrete mortar. E. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces steeper than 1.5 horizontal to 1 vertical. Kerf wood inserts for forming keyways, reglets, recesses, and the like, for easy removal. 1. Do not use rust -stained steel form -facing material. F. Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. Provide and secure units to support screed strips; use strike -off templates or compacting -type screeds. G. Provide temporary openings for cleanouts and inspection ports where interior area of formwork is inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations. H. Chamfer exterior corners and edges of permanently exposed concrete. Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and bulkheads required in the Work. Determine sizes and locations from trades providing such items. Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before placing concrete. K. Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment. Coat contact surfaces of forms with form -release agent, according to manufacturer's written instructions, before placing reinforcement. 3.2 EMBEDDED ITEMS A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast -in -place concrete. Use Setting Drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 1. Install anchor bolts, accurately located, to elevations required. 2. Install reglets to receive top edge of foundation sheet waterproofing and to receive through -wall flashings in outer face of concrete frame at exterior walls, where flashing is shown at lintels, shelf angles, and other conditions. 3. Install dovetail anchor slots in concrete structures as indicated. 3.3 REMOVING AND REUSING FORMS A. General: Formwork, for sides of beams, walls, columns, and similar parts of the Work, that does not support weight of concrete may be removed after cumulatively curing at not less than 50-deg F (10 deg C) for 24-hours after placing concrete provided concrete is hard enough to not be damaged by form -removal operations and provided curing and protection operations are maintained. TR 12668 Exhibit 4 B. Leave formwork, for beam soffits, joists, slabs, and other structural elements, that supports weight of concrete in place until concrete has achieved the following: 1. 28-day design compressive strength. 2. At least 70-percent of 28-day design compressive strength. 3. Determine compressive strength of in -place concrete by testing representative field- or laboratory -cured test specimens according to ACI 301. 4. Remove forms only if shores have been arranged to permit removal of forms without loosening or disturbing shores. C. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise damaged form -facing material will not be acceptable for exposed surfaces. Apply new form -release agent. D. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Architect. 3.4 A B 3.5 A SHORES AND RESHORES Comply with ACI 318 (ACI 318M), ACI 301, and recommendations in ACI 347R for design, installation, and removal of shoring and re -shoring. Plan sequence of removal of shores and re -shore to avoid damage to concrete. Locate and provide adequate re -shoring to support construction without excessive stress or deflection. VAPOR RETARDERS Vapor Retarder: Place, protect, and repair vapor -retarder sheets according to ASTM E 1643 and manufacturer's written instructions. B. Fine -Graded Granular Material: Cover vapor retarder with fine -graded granular material, moisten, and compact with mechanical equipment to elevation tolerances of plus 0- inch (0 mm) or minus 3/4- inch (19 mm). C. Granular Fill: Cover vapor retarder with granular fill, moisten, and compact with mechanical equipment to elevation tolerances of plus 0- inch (0 mm) or minus 3/4-inch (19 mm). Place and compact a 1/2-inch- (13-mm-) thick layer of fine -graded granular material over granular fill. 3.6 STEEL REINFORCEMENT A. General: Comply with CRSI's "Manual of Standard Practice" for placing reinforcement. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete. B. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials. TR 12668 Exhibit 4 C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars. 1. Shop- or field -weld reinforcement according to AWS D1.4, where indicated. D. Set wire ties with ends directed into concrete, not toward exposed concrete surfaces. E. Install welded wire fabric in longest practicable lengths on bar supports spaced to minimize sagging. Lap edges and ends of adjoining sheets at least one mesh spacing. Offset laps of adjoining sheet widths to prevent continuous laps in either direction. Lace overlaps with wire. 3.7 JOINTS A. General: Construct joints true to line with faces perpendicular to surface plane of concrete. B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Architect. 1. Place joints perpendicular to main reinforcement. Continue reinforcement across construction joints, unless otherwise indicated. Do not continue reinforcement through sides of strip placements of floors and slabs. 2. Form from preformed galvanized steel, plastic keyway -section forms, or bulkhead forms with keys, unless otherwise indicated. Embed keys at least 1-1/2- inches (38 mm) into concrete. 3. Locate joints for beams, slabs, joists, and girders in the middle third of spans. Offset joints in girders a minimum distance of twice the beam width from a beam -girder intersection. 4. Locate horizontal joints in walls and columns at underside of floors, slabs, beams, and girders and at the top of footings or floor slabs. 5. Space vertical joints in walls as indicated. Locate joints beside piers integral with walls, near corners, and in concealed locations where possible. 6. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. 7. Use epoxy -bonding adhesive at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. C. Contraction Joints in Slabs -on -Grade: Form weakened -plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one- fourth of concrete thickness, as follows: 1. Grooved Joints: Form contraction joints after initial floating by grooving and finishing each edge of joint to a radius of 1/8- inch (3 mm). Repeat grooving of contraction joints after applying surface finishes. Eliminate groover tool marks on concrete surfaces. 2. Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or diamond -rimmed blades. Cut 1/8-inch- (3-mm-) wide joints into concrete when cutting action will not tear, abrade, or otherwise damage surface and before concrete develops random contraction cracks. D. Dowel Joints: Install dowel sleeves and dowels or dowel bar and support assemblies at joints where indicated. 1. Use dowel sleeves or lubricate or asphalt -coat one-half of dowel length to prevent concrete bonding to one side of joint. TR 12668 Exhibit 4 3.8 WATERSTOPS A. Flexible Waterstops: Install in construction joints as indicated to form a continuous diaphragm. Install in longest lengths practicable. Support and protect exposed waterstops during progress of Work. Field -fabricate joints in waterstops according to manufacturer's written instructions. B. Self -Expanding Strip Waterstops: Install in construction joints and at other locations indicated, according to manufacturer's written instructions, bonding or mechanically fastening and firmly pressing into place. Install in longest lengths practicable. 3.9 CONCRETE PLACEMENT A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed. B. Do not add water to concrete during delivery, at Project site, or during placement, unless approved by Architect. C. Before placing concrete, water may be added at Project site, subject to limitations of ACI 301. 1. Do not add water to concrete after adding high -range water -reducing admixtures to mix. D. Deposit concrete continuously or in layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as specified. Deposit concrete to avoid segregation. E. Deposit concrete in forms in horizontal layers no deeper than 24-inches (600 mm) and in a manner to avoid inclined construction joints. Place each layer while preceding layer is still plastic, to avoid cold joints. 1. Consolidate placed concrete with mechanical vibrating equipment. Use equipment and procedures for consolidating concrete recommended by ACI 309R. 2. Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically at uniformly spaced locations no farther than the visible effectiveness of the vibrator. Place vibrators to rapidly penetrate placed layer and at least 6-inches (150 mm) into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mix constituents to segregate. F. Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of construction joints, until placement of a panel or section is complete. 1. Consolidate concrete during placement operations so concrete is thoroughly worked around reinforcement and other embedded items and into corners. 2. Maintain reinforcement in position on chairs during concrete placement. 3. Screed slab surfaces with a straightedge and strike off to correct elevations. 4. Slope surfaces uniformly to drains where required. 5. Begin initial floating using bull floats or darbies to form a uniform and open -textured surface plane, free of humps or hollows, before excess moisture or bleedwater appears on the surface. Do not further disturb slab surfaces before starting finishing operations. TR 12668 Exhibit 4 G. Hot -Weather Placement: Place concrete according to recommendations in ACI 305R and as follows, when hot -weather conditions exist: 1. Cool ingredients before mixing to maintain concrete temperature below 90-deg F (32- deg C) at time of placement. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. 2. Cover steel reinforcement with water -soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. 3. Fog -spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. 3.10 FINISHING FORMED SURFACES A. Smooth -Formed Finish: As -cast concrete texture imparted by form -facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and defective areas. Remove fins and other projections exceeding 118- inch (3 mm) in height. 1. Apply to concrete surfaces exposed to public view or to be covered with a coating or covering material applied directly to concrete, such as waterproofing, dampproofing, veneer plaster, or painting. 2. Do not apply rubbed finish to smooth -formed finish. B. Rubbed Finish: Apply the following to smooth -formed finished concrete: 1. Smooth -Rubbed Finish: Not later than 1-day after form removal, moisten concrete surfaces and rub with carborundum brick or another abrasive until producing a uniform color and texture. Do not apply cement grout other than that created by the rubbing process. 2. Grout -Cleaned Finish: Wet concrete surfaces and apply grout of a consistency of thick paint to coat surfaces and fill small holes. Mix one part Portland cement to one and one- half parts fine sand with a 1:1 mixture of bonding admixture and water. Add white Portland cement in amounts determined by trial patches so color of dry grout will match adjacent surfaces. Scrub grout into voids and remove excess grout. When grout whitens, rub surface with clean burlap and keep surface damp by fog spray for at least 36-hours. 3. Cork -Floated Finish: Wet concrete surfaces and apply a stiff grout. Mix one part Portland cement and one part fine sand with a 1:1 mixture of bonding agent and water. Add white Portland cement in amounts determined by trial patches so color of dry grout will match adjacent surfaces. Compress grout into voids by grinding surface. In a swirling motion, finish surface with a cork float. C. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise indicated. 3.11 FINISHING FLOORS AND SLABS A. General: Comply with recommendations in ACI 302.1 R for screeding, re -straightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. TR 12668 Exhibit 4 B. Scratch Finish: While still plastic, texture concrete surface that has been screeded and bull - floated or darbied. Use stiff brushes, brooms, or rakes. Apply scratch finish to surfaces indicated and to surfaces to receive concrete floor topping or mortar setting beds for ceramic or quarry tile, Portland cement terrazzo, and other bonded cementitious floor finishes. C. Float Finish: Consolidate surface with power -driven floats or by hand floating if area is small or inaccessible to power driven floats. Re -straighten, cut down high spots, and fill low spots. Repeat float passes and re -straightening until surface is left with a uniform, smooth, granular texture. 1. Apply float finish to surfaces indicated, to surfaces to receive trowel finish, and to floor and slab surfaces to be covered with fluid -applied or sheet waterproofing, built-up or membrane roofing, or sand -bed terrazzo. D. Trowel Finish: After applying float finish, apply first trowel finish and consolidate concrete by hand or power -driven trowel. Continue troweling passes and re -straighten until surface is free of trowel marks and uniform in texture and appearance. Grind smooth any surface defects that would telegraph through applied coatings or floor coverings. 1. Apply a trowel finish to surfaces indicated and to floor and slab surfaces exposed to view or to be covered with resilient flooring, carpet, ceramic or quarry tile set over a cleavage membrane, paint, or another thin film -finish coating system 2. Finish surfaces to the following tolerances, measured within 24-hours according to ASTM E 1155/E 1155M for a randomly trafficked floor surface: a. Specified overall values of flatness, F(F) 25; and levelness, F(L) 20; with minimum local values of flatness, F(F) 17; and levelness, F(L) 15. b. Specified overall values of flatness, F (F) 35; and levelness, F (L) 25; with minimum local values of flatness, F (F) 24; and levelness, F (L) 17; for slabs -on - grade. C. Specified overall values of flatness, F (F) 30; and levelness, F (L) 20; with minimum local values of flatness, F (F) 24; and levelness, F (L) 15; for suspended slabs. d. Specified overall values of flatness, F (F) 45; and levelness, F (L) 35; with minimum local values of flatness, F (F) 30; and levelness, F (L) 24. 3. Finish and measure surface so gap at any point between concrete surface and an unleveled freestanding 10-foot- (3.05-m-) long straightedge, resting on two high spots and placed anywhere on the surface, does not exceed the following: a. 1/4- inch (6.4 mm). b. 3/16- inch (4.8 mm). C. 1/8- inch (3.2 mm). E. Trowel and Fine -Broom Finish: Apply a partial trowel finish, stopping after second troweling, to surfaces indicated and to surfaces where ceramic or quarry the is to be installed by either thickset or thin -set method. Immediately after second troweling, and when concrete is still plastic, slightly scarify surface with a fine broom. F. Broom Finish: Apply a broom finish to exterior concrete platforms, steps, and ramps, and elsewhere as indicated. 1. Immediately after float finishing, slightly roughen trafficked surface by brooming with fiber -bristle broom perpendicular to main traffic route. Coordinate required final finish with Architect before application. TR 12668 Exhibit 4 G. Slip -Resistive Aggregate Finish: Before final floating, apply slip -resistive aggregate finish where indicated and to concrete stair treads, platforms, and ramps. Apply according to manufacturer's written instructions and as follows: 1. Uniformly spread 25- Ib/100 sq. ft. (12 kg/10 sq. m) of dampened slip -resistive aggregate over surface in one or two applications. Tamp aggregate flush with surface, but do not force below surface. 2. After broadcasting and tamping, apply float finish. 3. After curing, lightly work surface with a steel wire brush or an abrasive stone, and water to expose slip -resistive aggregate. H. Mineral Dry -Shake Floor Hardener Finish: After initial floating, apply mineral dry -shake materials to surfaces according to manufacturer's written instructions and as follows: 1. Uniformly apply mineral dry -shake materials at a rate of 100 Ib/100- sq. ft. (49 kg/10 sq. m), unless greater amount is recommended by manufacturer. 2. Uniformly distribute approximately two-thirds of mineral dry -shake materials over surface by hand or with mechanical spreader, and embed by power floating. Follow power floating with a second mineral dry -shake application, uniformly distributing remainder of material, and embed by power floating. 3. After final floating, apply a trowel finish. Cure concrete with curing compound recommended by dry -shake material manufacturer and apply immediately after final finishing. 3.12 MISCELLANEOUS CONCRETE ITEMS A. Filling In: Fill in holes and openings left in concrete structures, unless otherwise indicated, after work of other trades is in place. Mix, place, and cure concrete, as specified, to blend with in -place construction. Provide other miscellaneous concrete filling indicated or required to complete Work. B. Curbs: Provide monolithic finish to interior curbs by stripping forms while concrete is still green and by steel -troweling surfaces to a hard, dense finish with corners, intersections, and terminations slightly rounded. C. Equipment Bases and Foundations: Provide machine and equipment bases and foundations as shown on Drawings. Set anchor bolts for machines and equipment at correct elevations, complying with diagrams or templates of manufacturer furnishing machines and equipment. D. Steel Pan Stairs: Provide concrete fill for steel pan stair treads, landings, and associated items. Cast -in inserts and accessories as shown on Drawings. Screed, tamp, and trowel - finish concrete surfaces. 3.13 CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold -weather protection and with recommendations in ACI 305R for hot -weather protection during curing. B. Evaporation Retarder: Apply evaporation retarder to unformed concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h (1 kg/sq. m x h) before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. TR 12668 Exhibit 4 C. Formed Surfaces: Cure formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. If forms remain during curing period, moist cure after loosening forms. If removing forms before end of curing period, continue curing by one or a combination of the following methods: D. Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed surfaces, including floors and slabs, concrete floor toppings, and other surfaces, by one or a combination of the following methods: 1. Moisture Curing: Keep surfaces continuously moist for not less than 7-days with the following materials: a. Water. b. Continuous water -fog spray. C. Absorptive cover, water saturated, and kept continuously wet. Cover concrete surfaces and edges with 12-inch (300-mm) lap over adjacent absorptive covers. 2. Moisture -Retaining -Cover Curing: Cover concrete surfaces with moisture -retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12- inches (300 mm), and sealed by waterproof tape or adhesive. Cure for not less than 7-days. Immediately repair any holes or tears during curing period using cover material and waterproof tape. a. Moisture cure or use moisture -retaining covers to cure concrete surfaces to receive floor coverings. b. Moisture cure or use moisture -retaining covers to cure concrete surfaces to receive penetrating liquid floor treatments. C. Cure concrete surfaces to receive floor coverings with either a moisture -retaining cover or a curing compound that the manufacturer recommends for use with floor coverings. 3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within 3-hours after initial application. Maintain continuity of coating and repair damage during curing period. 4. Curing and Sealing Compound: Apply uniformly to floors and slabs indicated in a continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within 3-hours after initial application. Repeat process 24-hours later and apply a second coat. Maintain continuity of coating and repair damage during curing period. 3.14 LIQUID FLOOR TREATMENTS A. Penetrating Liquid Floor Treatment: Prepare, apply, and finish penetrating liquid floor treatment according to manufacturer's written instructions. 1. Remove curing compounds, sealers, oil, dirt, laitance, and other contaminants and complete surface repairs. 2. Do not apply to concrete that is less than 7-days old. 3. Apply liquid until surface is saturated, scrubbing into surface until a gel forms; rewet; and repeat brooming or scrubbing. Rinse with water; remove excess material until surface is dry. Apply a second coat in a similar manner if surface is rough or porous. B. Sealing Coat: Uniformly apply a continuous sealing coat of curing and sealing compound to hardened concrete by power spray or roller according to manufacturer's written instructions. TR 12668 Exhibit 4 3.15 JOINT FILLING A. Prepare, clean, and install joint filler according to manufacturer's written instructions. 1. Defer joint filling until concrete has aged at least six months. Do not fill joints until construction traffic has permanently ceased. B. Remove dirt, debris, saw cuttings, curing compounds, and sealers from joints; leave contact faces of joint clean and dry. C. Install semi -rigid epoxy joint filler full depth in saw -cut joints and at least 2- inches (50 mm) deep in formed joints. Overfill joint and trim joint filler flush with top of joint after hardening. 3.16 CONCRETE SURFACE REPAIRS A. Defective Concrete: Repair and patch defective areas when approved by Architect. Remove and replace concrete that cannot be repaired and patched to Architect's approval. B. Patching Mortar: Mix dry -pack patching mortar, consisting of one part Portland cement to two and one-half parts fine aggregate passing a No. 16 (1.2-mm) sieve, using only enough water for handling and placing. C. Repairing Formed Surfaces: Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycombs, rock pockets, fins and other projections on the surface, and stains and other discolorations that cannot be removed by cleaning. 1. Immediately after form removal, cut out honeycombs, rock pockets, and voids more than 1/2- inch (13 mm) in any dimension in solid concrete but not less than 1- inch (25 mm) in depth. Make edges of cuts perpendicular to concrete surface. Clean, dampen with water, and brush -coat holes and voids with bonding agent. Fill and compact with patching mortar before bonding agent has dried. Fill form -tie voids with patching mortar or cone plugs secured in place with bonding agent. 2. Repair defects on surfaces exposed to view by blending white Portland cement and standard Portland cement so that, when dry, patching mortar will match surrounding color. Patch a test area at inconspicuous locations to verify mixture and color match before proceeding with patching. Compact mortar in place and strike off slightly higher than surrounding surface. 3. Repair defects on concealed formed surfaces that affect concrete's durability and structural performance as determined by Architect. D. Repairing Unformed Surfaces: Test unformed surfaces, such as floors and slabs, for finish and verify surface tolerances specified for each surface. Correct low and high areas. Test surfaces sloped to drain for trueness of slope and smoothness; use a sloped template. 1. Repair finished surfaces containing defects. Surface defects include spalls, popouts, honeycombs, rock pockets, crazing and cracks in excess of 0.01- inch (0.25 mm) wide or that penetrate to reinforcement or completely through unreinforced sections regardless of width, and other objectionable conditions. 2. After concrete has cured at least 14-days, correct high areas by grinding. 3. Correct localized low areas during or immediately after completing surface finishing operations by cutting out low areas and replacing with patching mortar. Finish repaired areas to blend into adjacent concrete. TR 12668 Exhibit 4 4. Correct other low areas scheduled to receive floor coverings with a repair underlayment. Prepare, mix, and apply repair underlayment and primer according to manufacturer's written instructions to produce a smooth, uniform, plane, and level surface. Feather edges to match adjacent floor elevations. 5. Correct other low areas scheduled to remain exposed with a repair topping. Cut out low areas to ensure a minimum repair topping depth of 1/4- inch (6 mm) to match adjacent floor elevations. Prepare, mix, and apply repair topping and primer according to manufacturer's written instructions to produce a smooth, uniform, plane, and level surface. 6. Repair defective areas, except random cracks and single holes 1- inch (25 mm) or less in diameter, by cutting out and replacing with fresh concrete. Remove defective areas with clean, square cuts and expose steel reinforcement with at least 3/4- inch (19 mm) clearance all around. Dampen concrete surfaces in contact with patching concrete and apply bonding agent. Mix patching concrete of same materials and mix as original concrete except without coarse aggregate. Place, compact, and finish to blend with adjacent finished concrete. Cure in same manner as adjacent concrete. 7. Repair random cracks and single holes 1- inch (25 mm) or less in diameter with patching mortar. Groove top of cracks and cut out holes to sound concrete and clean off dust, dirt, and loose particles. Dampen cleaned concrete surfaces and apply bonding agent. Place patching mortar before bonding agent has dried. Compact patching mortar and finish to match adjacent concrete. Keep patched area continuously moist for at least 72- hours. E. Perform structural repairs of concrete, subject to Architect's approval, using epoxy adhesive and patching mortar. F. Repair materials and installation not specified above may be used, subject to Architect's approval. 3.17 FIELD QUALITY CONTROL A. Testing Agency: Engage a qualified independent testing and inspecting agency to sample materials, perform tests, and submit test reports during concrete placement according to requirements specified in this Article. B. Testing Services: Testing of composite samples of fresh concrete obtained according to ASTM C 172 shall be performed according to the following requirements: 1. Testing Frequency: Obtain one composite sample for each day's pour of each concrete mix exceeding 5- cu. yd. (4 cu. m), but less than 25- cu. yd. (19 cu. m), plus one set for each additional 50 -cu. yd. (38 cu. m) or fraction thereof. 2. Testing Frequency: Obtain at least one composite sample for each 100- cu. yd. (76- cu. m) or fraction thereof of each concrete mix placed each day. a. When frequency of testing will provide fewer than five compressive -strength tests for each concrete mix, testing shall be conducted from at least five randomly selected batches or from each batch if fewer than five are used. 3. Slump: ASTM C 143; one test at point of placement for each composite sample, but not less than one test for each day's pour of each concrete mix. Perform additional tests when concrete consistency appears to change. 4. Air Content: ASTM C 231, pressure method, for normal -weight concrete; ASTM C 173, volumetric method, for structural lightweight concrete; one test for each composite sample, but not less than one test for each day's pour of each concrete mix. TR 12668 Exhibit 4 5. Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40- deg F (4.4 deg C) and below and when 80-deg F (27 deg C) and above, and one test for each composite sample. 6. Unit Weight: ASTM C 567, fresh unit weight of structural lightweight concrete; one test for each composite sample, but not less than one test for each day's pour of each concrete mix. 7. Compression Test Specimens: ASTM C 31/C 31 M; cast and laboratory cure one set of four standard cylinder specimens for each composite sample. a. Cast and field cure one set of four standard cylinder specimens for each composite sample. 8. Compressive -Strength Tests: ASTM C 39; test two laboratory -cured specimens at 7- days and two at 28-days. a. Test two field -cured specimens at 7-days and two at 28-days. b. A compressive -strength test shall be the average compressive strength from two specimens obtained from same composite sample and tested at age indicated. C. When strength of field -cured cylinders is less than 85-percent of companion laboratory -cured cylinders, Contractor shall evaluate operations and provide corrective procedures for protecting and curing in -place concrete. D. Strength of each concrete mix will be satisfactory if every average of any three consecutive compressive -strength tests equals or exceeds specified compressive strength and no compressive -strength test value falls below specified compressive strength by more than 500 psi (3.4 MPa). E. Test results shall be reported in writing to Architect, concrete manufacturer, and Contractor within 48-hours of testing. Reports of compressive -strength tests shall contain Project identification name and number, date of concrete placement, name of concrete testing and inspecting agency, location of concrete batch in Work, design compressive strength at 28- days, concrete mix proportions and materials, compressive breaking strength, and type of break for both 7-and 28-day tests. F. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted by Architect but will not be used as sole basis for approval or rejection of concrete. G. Additional Tests: Testing and inspecting agency shall make additional tests of concrete when test results indicate that slump, air entrainment, compressive strengths, or other requirements have not been met, as directed by Architect. Testing and inspecting agency may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42 or by other methods as directed by Architect. END OF SECTION 03300 TR 12668 Exhibit 4 SECTION 06611 ALUMINUM LADDERS PART 1- GENERAL 1.01 WORK INCLUDED A. Fixed Vertical Ladders 1.02 RELATED WORK A. Anchor Bolts specified on drawings. 1.03 COORDINATION A. The work of this Section shall be completely coordinated with the work of other Sections Verify at the site both the dimensions and work of other trades adjoining items of work in this Section before fabrication and installation of items herein specified. B. Furnish to the pertinent trades all items included under this Section that are to be built into the work of other Sections. 1.04 SHOP DRAWINGS AND SAMPLES A. Submit under provisions of Section 01340 B. Product Data: Manufacturer's data sheets indicating materials of construction. C. Shop Drawings: Drawings prepared for this project, showing relationship of ladders to other construction and methods of anchorage. 1.05 FIELD MEASUREMENTS A. Field Measurements shall be taken at the site to verify or supplement indicated dimensions and to insure proper fitting of all items. PART 2 — PRODUCTS 2.1 MANUFACTURERS A. Acceptable Manufacturer: Royalite Manufacturing, Inc; 1055 Terminal Way, San Carlos, CA 94070. ASD. Tel: (650) 637-1440 or (800) 875-9770. www.rovalite-mfq.com. B. Substitutions: Not permitted. C. Requests for substitutions will be considered in accordance with provisions of Section 01600. 2.2 COMPONENTS A. Ladders: Provide assembled ladders that comply with OSHA and local building codes, with all edges rounded, clean, smooth, and burr free; dimensions as indicated on drawings. TR 12668 Exhibit 4 B. ANCHORS, BOLTS AND FASTENING DEVICES Anchors, bolts, etc. shall be furnished as necessary for installation of the work of this Section. 2. Compound masonry anchors shall be of the type shown or required and shall be equal to Star Slug in compounded masonry anchors manufacture's by Star Expansion Industries, equal by Phillips Drill Co., Rahiplug, or approved equal. Anchors shall be minimum "two unit" type. 3. The bolts used to attach the various members to the anchors shall be the sized shown or required. Stainless steel shall be attached to concrete or masonry by means of stainless steel machine bolts and iron or steel shall be attached with steel machine bolts unless otherwise specifically noted. 4. For structural purposes, unless otherwise noted, expansion bolts shall be Simpson Wedge -All, Redhead Trubolt, or Hilti "Kwik-Bolt" (or equal). When length of bolt is not called for on the Drawings, the length of bolt provided shall be sufficient to place the wedge portion of the bolt a minimum of 3-inch behind the reinforcing steel within the concrete. Material shall be as noted on the Drawings if not listed, hot dipped galvanized steel. 3.02 INSTALLATION A. Install all items furnished except items to be imbedded in concrete or other masonry which shall be installed under Division 3 and Division 4 respectively. Items to be attached to concrete or masonry after such work is completed shall be installed in accordance with the details shown. Fastening to wood plugs in masonry will not be permitted. All dimensions shall be verified at the site before fabrication is started. B. All steel surfaces to come in contact with exposed concrete or masonry shall receive a protective coating of an approved heavy bitumastic trowling mastic applied in accor- dance with the manufacturer's instructions prior to installation. C. Where aluminum contacts a dissimilar metal, apply a heavy brush coat of zinc-cromate primer followed by two coats of aluminum metal and masonry paint to dissimilar metal. D. Where aluminum contacts masonry or concrete, apply a heavy coat of approved alkali resistant paint to the masonry or concrete. E. Where aluminum contacts wood, apply two coats of aluminum metal and masonry paint to the wood. END OF SECTION TR 12668 Exhibit 4 SECTION 316216 STEEL SHEET PILES PART 1 GENERAL 1.1 SECTION INCLUDES A. This section covers all members to be used in the construction of steel sheet pile. This SPECIFICATION also covers the installation of steel sheet piling and trimming of the sheet pile to the lines and grades shown on the DRAWINGS or as required. This WORK also includes pre -drilling to facilitate driving sheet pile to the designated elevations. 1.2 REFERENCES A. The following is a list of standards which may be referenced in this section: 1. American Concrete Institute (ACI): 318/318R, Building Code Requirements for Structural Concrete and Commentary. 2. American Petroleum Institute (API): Spec 5L, Specification for Line Pipe. 3. ASTM International (ASTM): a. A36, Standard Specification for Carbon Structural Steel. b. A53, Standard Specification for Pipe, Steel, Black and Hot -Dipped, Zinc - Coated, Welded and Seamless. c. A139, Standard Specification for Electric -Fusion (ARC) -Welded Steel Pipe (NPS 4 and Over) . d. A252, Standard Specification for Welded and Seamless Steel Pipe Piles. e. A328, Standard Specification for Steel Sheet Piling. f. A572, Standard Specification for High -Strength Low -Alloy Columbium - Vanadium Structural Steel. g. A690, Standard Specification for High -Strength Low -Alloy Nickel, Copper, Phosphorus Steel H-Piles and Sheet Piling with Atmospheric Corrosion Resistance for Use in Marine Environments. TR 12668 Exhibit 4 h. A1011/A1011M, Specification for Steel, Sheet and Strip, Hot -Rolled, Carbon, Structural, High -Strength Low -Alloy and High -Strength Low - Alloy with Improved Formability. American Water Works Association (AWWA): a. C200, Steel Water Pipe-6 in. (50 mm) and Larger. American Welding Society (AWS): a. D1.1, Structural Welding Code —Steel. 1.3 SUBMITTALS A. Provide qualifications of proposed sheet pile installer B. CONTRACTOR shall provide information from the manufacturer that indicates the sheet piling meets or exceeds the SPECIFICATIONS listed in this section. C. CONTRACTOR shall submit verification from the manufacturer that the hammer can deliver the required energy. D. Splice locations, if necessary, shall be reviewed and accepted by ENGINEER prior to installation. 1.4 QUALITY ASSURANCE A. Installer Qualifications: Sheet piling installer shall have, as a minimum, three (3) successful past installations of sheet piling of comparable overall heights and sections and comparable penetration into soils similar to those found on the PROJECT. PART 2 PRODUCTS 2.1 GENERAL A. All steel sheet piling shall be new and unspliced material throughout, unless otherwise reviewed and accepted by ENGINEER. B. Steel sheet piles and special fabricated shapes shall be of a design that ensures continuous interlock throughout the entire length when in place. 2.2 MATERIALS A. Steel sheet piling shall meet the requirements of ASTM A328, (Grade 50). B. Steel corners, tees, wyes, and crosses shall meet the requirements of ASTM A328 or ASTM A690. C. Steel sheet piles required for the PROJECT shall be the type and weight shown on the DRAWINGS. Sheet piling shall be constructed with a weathering finish. Additional length beyond those indicated on the DRAWINGS may be required to provide for trimming of tops of sheet piling. TR 12668 Exhibit 4 D. The interlocks between steel sheet pile sections shall be configured such that the average width of the annular space between all contact points of the interlocks shall be a maximum of one -eighth (1/8) inch, as determined by ENGINEER. E. Steel sheet piles and interlocks shall not have excessive kinks, camber or twist that would prevent the pile from reasonably free sliding to grade. F. All fabricated connections shall be made with the use of angles or bent plates, as necessary, and shall be adequately welded or connected with high strength bolts as accepted by ENGINEER. G. Handling Holes: If handling holes are provided, they shall be two (2) standard two and nine - sixteenth (2-9/16) inch diameter handling holes located six (6) inches from one end. 2. The holes shall be plugged by welding a piece of steel over the hole prior to installing any riprap, backfill or drop structure cap. 3. The plated hole shall be watertight. 2.3 STORAGE AND HANDLING Do not subject piles to damage by impact bending stresses in transporting to and storing piles onsite. 2. Store and handle piles such that corrosion protection coating will not be damaged. PART 3 EXECUTION 3.1 EXAMINATION A. Do not begin sheet pile installation until the earthwork in the area where the piles are to be driven has been completed to the extent that the grade elevation is at no more than twelve (12) inches above or below the top of the piling elevation as indicated on the DRAWINGS. 3.2 PREPARATION A. Any fill along the alignment of the sheet pile must be in place to sub -grade elevations and compacted prior to driving the sheet pile. B. Fill material (except riprap, boulders, bedding and grout) is not to be placed around the sheet pile after the sheet pile is in place. 3.3 INSTALLATION A. General: All welding or gas cutting shall be in accordance with the current standards of the American Welding Society. TR 12668 Exhibit 4 Virtual Refusal: a. Steel sheet piling shall be driven to the depths shown on the DRAWINGS or to virtual refusal. b. Virtual refusal is defined as ten (10) blows per inch with an approved pile hammer. c. A pile hammer shall be used to determine virtual refusal. d. The hammer shall be operating at the manufacturer's recommended stroke and speed when virtual refusal is measured. B. Sheet Piling Driving: Steel sheet piling shall be assembled before driving and then driven as a continuous wall, progressively in stages to keep the piles aligned correctly and minimize the danger of breaking the interlock between the sheets. Steel sheet piling shall be driven to form a tight bulkhead. 3. A driving head shall be used and any piling which is damaged in driving or which has broken interlocks between sections shall be pulled and replaced at CONTRACTOR's expense. 4. The piling shall be driven within the following tolerances: a. Alignment: 1) Sheet pile shall be driven to form a relatively straight line between the termini points shown on the DRAWINGS. 2) Horizontal deviation of any point from a straight line connecting the two ends of the wall section shall be a maximum of six (6) inches. b. Plumbness: Each individual sheet pile section shall be driven vertical, within a horizontal tolerance of two percent (2%) of any vertical length measured along the pile. Elevation: 1) Tops of sheet pile sections shall be within a tolerance of one (1) inch from plan elevations. 2) CONTRACTOR shall not be paid for excess sheet pile trimmed off the end of the pile to meet final grade. C. CONTRACTOR shall brace and/or provide soil grading as necessary during construction operations in order to provide lateral stability for the sheet pile wall. The sheet pile wall has been designed for the soil grades of the final configuration denoted on the DRAWINGS only. Other temporary configurations during the construction period shall not be allowed. D. Care shall be taken during driving to keep from causing deformations of the top of the piles, splitting of section, or breaking of the interlock between sections. Care shall TR 12668 Exhibit 4 also be taken during driving to prevent and correct any tendency of steel sheet piles to twist or get out of plumb. E. Steel Z piling shall be driven with the ball -end leading. Proper care and planning shall be used to allow for this construction procedure in both immediate and possible future walls. F. Alternate Z piles shall be reversed end for end for proper interlocking in the "normal" position. 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Damao €�E €s 1 f u 4 �# ao ed� d 3 ba EFFm'�F°E � $8#Q CITY OF TAMARAC TR 12668 Exhibit 4 PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 "Committed to Excellence... Always ADDENDUM NO. 1 DATE: June 23, 2015 VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT BID NO.15-1613 This addendum shall modify and become a part of the original Bid Document. The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No.15-1613 for Veteran's Park Boat Dock Installation Project: TO ALL PROSPECTIVE BIDDERS: Attached is a copy of the Geotechnical Report from Nutting Engineers. 2. Attached are Revised Plans. • Note # 5 on Sheet C-4 Revised • Revised plans showing railing at the end of the dock (See Sheet C-4). 3. Attached is revised Section 0125 - Measurement and Payment. • Part 3.10-Wood Dock Bid Item No. 10, now also includes railing 4. Pre -Bid Conference Notes are attached. Please return and/or acknowledge this Addendum No.1 with your bid submittal due July 1, 2015 by 2:00 PM local time to Tamarac City Hall, RM 108, 7525 NW 88 Ave., Tamarac, FL 33321. Sincerely, Keith K. Glatz Purchasing and Contracts Manager NAME OF BIDDER: Addendum No. 1 — Bid No. 15-16B —Veteran's Park Boat Dock Installation Page 1 of 1 TR 12668 Exhibit 4 REPORT OF GEOTECHNICAL EXPLORATION VETERAN'S PARK PEDESTRIAN DOCK AND SHELTERS 7825 SOUTHGATE BOULEVARD TAMARAC, FLORIDA_ FOR CITY OF TAMARAC PUBLIC WORKS DEPARTMENT 6011 NOB HILL ROAD TAMARAC, FLORIDA 33321 PREPARED BY NUTTING ENGINEERS OF FLORIDA, INC. 1310 NEPTUNE DRIVE BOYNTON BEACH, FLORIDA 33426 ORDER NO: 16114.21 FEBRUARY 2014 Geotechnical & Construction Materials Engineering, Testing & Inspection Environmental Services Offices throughout the state of Florida *ww-t1#ffln.90*neWx,tminfo@nuttingengineers.com Nuifting e, Engloneels of Florida Inc. ( Established 1967 Your Project is Our Commitment 2 February 28, 2014 tn Mr. Alan Lain City of Tamarac Public Works Department 6011 Nob Hill Road 2 Tamarac, Florida 33321 Phone: 954-597-3707 Fax, 954-597-3710 UJ Subject: Report of Geotechnical Exploration Veteran's Park Pedestrian Dock and Shelters 7825 Southgate Boulevard CL 44 Tamarac, Florida C 13'$Pl gftWiNF4 Boynton Beach, Florida 33426 561-73 6-4900 Toll Free: 877-NUTTING (688-8464) Fax: 561-737-9975 Broward 954-941-8700 St. Lucie 772-408 1050 Miami -Dade 305-5$7.3083 .n q0"& rarxoM c Dear Mr. Lam: �c Nutting Engineers of Florida, Inc. (NE), has performed a Geotechnical Exploration for the proposed pedestrian dock and picnic shelters at the above referenced site in Tamarac, Florida. ti This exploration was performed in accordance with the written authorization to proceed provided by City of Tamarac Public Works Department dated February 19, 2014, P.O. No. 170563. The purpose of this exploration was to obtain information concerning the subsurface soil conditions at specific test locations in order to provide the soil stratum engineering properties and provide tn LU general foundation design parameters for the proposed improvements. This report presents our findings and recommendations. PROJECT INFORMATION We understand that plans for this project include the construction of a new boat ramp floating pedestrian dock along with the construction of two new hexagon shaped picrlsc shelters nearby the dock. We were provided a plan indicating the proposed construction. Based on discussions with Mr. Tery Glunt, P.E., the project engineer from Stantec, we understand that the floating dock will be supported upon 12-inch precast concrete piles. Some generalized depth recommendations for axial and lateral support will be needed for the proposed dock construction. We understand that less than 1,000 pounds axial and lateral support are needed for the proposed piles. We understand that the picnic shelters will be constructed upon a shallow foundation system, cr a OFf ICES Palm Reach Miami -Dade 5t. Lucie TR 12668 Exhibit 4 SUBSURFACE EXPLORATION/GENERAL., SUBSURFACE CONDITIONS Soil Survey Maps As part of the geotechnical exploration, we have reviewed available Natural Resources Conservation Service (MRCS) online soil survey trap for Broward County. The USDA online NRCS mapping provides qualitative information about potential general shallow soil conditions in the project vicinity. This information was derived from approximately 6 ft. deep manual auger borings, aerial photo and surface feature interpretation at some point in the past. The NRCS data may or may not reflect actual current site conditions. As indicated .in the online Soil Survey Mapping, at the time the survey was conducted, one soil description exists at the site location. The soil type is outlined below. Matlacha Gravelly Fine Sand, Limestone Substratum These soils are described as nearly level, poorly drained, intermixed Hallandale and Margate like gravelly sand soils in the upper 48 inches, underlain by weathered limestone that may have solution holes as deep as 60 inches. These formations are on low, nearly level terraces between the Everglades and the Atlantic Coast Ridge. We note that the maximum depth of the survey is six feet. Subsurface Soil Exploration In order to evaluate the subsurfam soil conditions, we were requested to perfonn two Standard Penetration Test borings (ASTM D-1586) to depths of fifteen and forty feet below the existing ground surface. Samples were obtained continuously throughout the soil profile. The locations of the test borings are indicated on the attached test boring location plans. The test borings were located using approximate methods at the location established by the client. The drill technician maintained a field boring report, which indicates depth of each stratum, material type, blow counts, groundwater levels and other pertinent information. All samples were inspected in our laboratory and final test boring reports prepared. Copies of these reports are included in the appendix. Test Boring Results The test borings recorded a surface layer of medium dense to dense brown sand and limestone fi•agments in the upper four feet underlain by soft to medium hard limestone with some loose sand lenses to a depth of seventeen feet. Below seventeen feet medium dense to dense sand and shell fi•agments was encountered to a depth of forty feet, the maximum depth explored. +"*4, 10 a F"WS 3 a6F1Q%ida 1nc.l Established T 67 TR 12668 Exhibit 4 Please see the enclosed soil classification sheet in the Appendix of this report for additional important information regarding these descriptions, the field evaluation and other related information. Rock Formation Note: Although not necessarily identified in the borings, it is possible that the weathered limestone encountered may extend to greater depths and be present in areas other than recorded in the test borings. Generally, rock in the South Florida area may include limestone or sandstone which has irregularities and discontinuities including vertical and horizontal solution features, varying surface and bottom elevations, and varying degrees of hardness. The rock features may also contain intervening sand and other material filled lenses. The standard penetration test boring executed in tlus evaluation was performed in accordance with the normal standard of care in this area. Despite this, this process may sometimes fail to detect the presence of rock strata by passing through solution features. Solution features can be very common in rock strata in Southeast Florida. Also given the brittle nature of some rock strata, rocks may readily shatter when hit by the split spoon. Despite this, these strata which may not be depicted u1 the soil boring logs may present significant resistance to excavation and pile installation. Resistance to excavation may generate vibrations which may be perceived to or actually induce settlements in subject nearby structures. Pre and post condition surveys and vibration monitoring would be advantageous in such circumstances. For these reasons, appropriate due care shall be exercised by corrtract€�rs performing excavation operations in this area, utilizing local experience and test excavations if f�assible. Buried debris may or may not be identified or adequately delineated by the soil boring. Test pit excavation can provide more insight into such conditions and rock lithology if present, Such conditions may be revealed during site development activities (e.g. proof rolling, utility & foundation excavation activities) or other related activities. Should additional assurance be desired by the client, further subsurface investigation could be performed. Groundwater Information The immediate groundwater level was measured at the boring locations at the time of drilling. The groundwater level was encountered at approximate depth of seven feet below the existing ground surface. The immediate depth to groundwater measurements presented in this report may not provide a reliable indication of stabilized or more long term depth to groundwater at this site. Water table elevations can vary dramatically with time through rainfall, droughts, storm events, flood control activities, nearby surface water bodies, tidal activity, pumping and many other factors. For these reasons, this immediate depth to water data should not be relied upon alone for project design considerations. Nut" 4 us of F afklafncl f=b1Wwd 1967 TR 12668 Exhibit 4 Further information regarding stabilized groundwater elevations at the site could be developed upon speck request. Additional evaluation might include monitoring of peizomenters, survey of the project area for evidence of current groundwater elevation influences such as wellfields, obvious construction dewatering, tidal activity, flood control canals and other surface water bodies. ANALYSIS AND RECOMMENDATIONS Proposed Dock Deep Foundation Recommendations Driven Precast Piles: We note that due to the proximity of existing structures nearby the construction area vibrations may be felt during pile installation operations. Because of this some vibration monitoring should be performed to determine if vibration amounts are within acceptable tolerances. Based on the structural information provided to us, it is recommended that individual compressive pile capacities on the order of 0.5 tons will be needed to provide an efficient foundation system. In order to satisfy this requirement we recommend that the driven piles have a minimum size of 12 X 12 inches. The precast piles shall conform to the Florida Building Code specifications. The precast piles can be pre -drilled or water jetted to attain a free standing vertical pile, then the pile should be driven until the pile is at a mini -mum five feet below the mudline elevation. The piles should then be driven until the driving conditions have sufficiently verified that the required pile capacity and depth has been met. The piles should be installed and capacity determined in the field under the full-time observation of a Nutting representative. The Florida Buildng Code (FBC) requires that any piles designed for greater than 36 tons should be load tested in order to verify the pile capacity. Therefore, a pile load test will not be required for this project as described in the FBC. DRIVEN PRECAST PILE TABLE Pile Size Depth Below AIL All. (inches) Mudline Campr. Lateral (feet} Capacity Capacity tons tons 12 5 0.5 0.5 NOW of rlorfo Im I £st sheet, 1967 TR 12668 Exhibit 4 Vibration Concerns: During the performance of pile driving vibrations will be produced. Based on discussions, neighboring residences/structures are most likely thirty to forty feet away from the potential vibration source. In general, the allowable peak particle velocity (PPV) one is permitted to induce at adjacent properties is 0.50 inches per second. It is our opinion that vibration levels at the adjacent structures will. be on the order of 0.2 to 0.3 inches per second. If readings indicate above average exceedance of acceptable levels discussions should be held in order to determine the best course of action in order to dampen vibration levels. We recommend that discussions with all interested parties be performed to discuss these issues prior to final implementation. The contractor should also be made aware of this condition and participate in vibration discussions. Proposed Picnic Shelters The borings performed for this project suggest that the site may be prepared using conventional site preparation and compaction techniques as described herein. Once the site is successfully prepared in accordance with the recommendations presented in this report, the site may be developed with the proposed picnic shelters using a shallow foundation system designed for an allowable soil bearing pressure of 2,500 pounds per square foot. Once plans are finalized for the proposed construction, a copy should be provided to Nutting Engineers for review to determine whether additional details or changes to our recommendations are warranted. All work should be completed in accordance with applicable building codes, other regulations as appropriate, and good standard local practice. We recommend a minimum width of 16 inches for continuous footings and 24 inches for individual footings, even though the soil bearing pressure may not be fully developed in all cases. We recommend that the bottom of footings be at least 12 inches below the lowest adjacent finished grade. It is our opinion that the floor slab system may be constructed as a slab on grade. We recommend that a vapor barrier be placed between the soil and concrete. We also recommend that the reinforcing steel mesh be placed at the approximate center of the slab for tensile support. Settlement Analysis We performed a settlement evaluation based upon a hypothetical improved soil profile following completion of the compaction using a moderately sized vibratory compactor for the construction. This method should improve the soils to provide an allowable bearing capacity of 2,500 pounds per square foot. It was estimated that upon proper completion, long-term total settlements should be on the order of less than approximately one inch. Differential settlements should be approximately one-lialf of the total settlement. Distortions that occur along wall footings should not be more than I in 500. Most of this settlement should occur upon the application of the dead load during construction. M6�11 ion 6 Oflorida frx.l Estab3rstred 1967 TR 12668 Exhibit 4 Site Preparation The surficial organic soils, debris from the clearing operations, remnants of the existing construction, and any unsuitable soils as determined by the Geotechrucal Engineer will need to be completely removed within the construction area and to a lateral distance of at least 5 feet beyond the footprint limits and potentially further based upon depth. A Nutting Engineer's representative should be present to observe that the stripping operations are performed as we have discussed herein. Upon approval by the geotechnical engineer, the stripped surface (no fill added at thus time) should then be thoroughly soaked with water and compacted with at least 20 overlapping passes of a vibratory compactor operated no faster than at a slow walking pace. The coverage's should be equally divided into two perpendicular directions. The compaction operations must be observed by a representative of Nutting Engineers. In addition, the surface should also be compacted until a density equivalent to at least 95 percent of the modified Proctor maximum dry density (ASTM D-1557) is achieved to a depth of at least 12 inches below the compacted surface. Any structural fill needed to bring the site to construction grade may then be placed in lifts not exceeding twelve inches in loose thickness. Each lift should be thoroughly compacted until densities equivalent to at least 95 percent of the Modified Proctor maximum dry density are uniformly obtained. Fill should consist of granular soil, with less than 10% passing the No. 200 sieve, free of rubble, organics (5% or less) clay, debris and other unsuitable material. The fill should have ASTM designation (D-2487) of GP, GW, SP, or SW, with a maximum particle size of no more than 3 inches or as otherwise approved by Nutting Engineers. Following site and building pad construction as discussed above, the foundation area should be excavated and the footings formed. The bottom of foundation excavations should be compacted after excavation to develop a minimum density requirement of 95 percent of the maximum modified Proctor dry density, for a minimum depth of two (2) feet below the bottom of the footing depth, as determined by field density compaction tests. The floor slab area should also be compacted in the same manner. Additional Note In order to -maintain the calculated settlement throughout the life of the structure it would be necessary to grade the site such that stormwater is directed away from the foundations. This looms 7 Ir offtddalrw,j ftta istwd fi967 TR 12668 Exhibit 4 could be maintained through the use of roof gutters and downspouts to migrate the water away from the foundations. Any ponding nearby/adjacent to walls and foundations should be avoided. If conditions are encountered which are not consistent with the findings presented in this report, or if proposed construction is moved from the location studied, this office shall be notified immediately so that the condition or change can be evaluated and appropriate action taken. GENERAL INFORMATION Our client for this geotechnical evaluation was: Mr. Alan Lam City of Tamarac Public Works Department 6011 Nob Hill Road Tamarac, Florida 33321 The contents of this report are for the exclusive use of the client and the client's design team for this specific project exclusively. Information conveyed in this report shall not be used or relied upon by other parties or for other projects without the expressed written consent of Nutting Engineers of Florida, Inc. This report discusses geoteehnical considerations for this site based upon observed conditions and our understanding of proposed construction for foundation support. Environmental issues including (but not limited to), soil and/or groundwater contaminatiolr are beyond our scope of service for this project. As such, this report should not be used or relied upon for evaluation of environmental issues. Benefit may be realized by the performance of exploratory test pits on the site to develop additional subsurface information. The client may wish to consider performance of test pits on this project to supplement information already developed. Prior to initiating compaction operations, we recommend that representative samples of the structural fill material to be used and acceptable in -place soils be collected and tested to determine their compaction and classification characteristics. The maximum dry density, optimum moisture content, gradation and plasticity characteristics should be determined. These tests are needed for compaction quality control of the structural fill and existing soils, and to determine if the fill material is acceptable. If conditions are encountered which are not consistent with the findings presented in this report, or if proposed construction is altered or moved from the location investigated, this office shall be notified immediately so that the condition or change can be evaluated and appropriate action taken. un 01110OWS 8 of Florida [nG. J B1AbHshe41967 TR 12668 Exhibit 4 The vibratory compaction equipment may cause vibrations that could be felt by persons within nearby buildings and could potentially induce structural settlements. Additionally, preexisting settlements may exist within these structures that could be construed to have been caused or worsened by the proposed vibratory compaction after the fact. Pre- and post conditions surveys of these structures along with the vibration monitoring during vibratory compaction could be performed to better evaluate this concern. The contractor should exercise due care during the performance of the vibratory compaction work with due consideration of potential impacts on existing structures. If potential vibrations and impacts are not considered tolerable, then alternate foundation modification techniques should be considered. Nutting Engineers of Florida, Inc. shall bear no liability for the implementation of recommended inspection and testing services as described in this report if implemented by others. Nutting has no ability to verify the completeness, accuracy or proper technique of such procedures if performed by others. Excavations of five feet or more in depth should be sloped or shored in accordance with OSHA and State of Florida requirements. The Geotechnical Engineer warrants that the findings, recommendations, specifications, or professional advice contained herein, have been presented after being prepared in accordance with general accepted professional practice in the field of foundation engineering, soil mechanics and engineering geology. No other warranties are implied or expressed. We appreciate the opportunity to provide these services for you, If we can be of any further assistance, or if you need additional information, please feel free to contact us, Sincerely, NUTTING ENGINEERS OF FLORIDA, INC. Richard C. Wohlfarth, P. Director of Engineering Appendix: Boring Location Plan Test Boring Results Limitations of Liability Soil Classification Criteria RCP CITY of TAMARAC VETEREN PARK DOCK CEG d z [ § § § x ± k g z _ 0 u \ u (D TD 10990 Cvhi hi} A rt 1310 Neptune Drive BORING NUMBER B-1 Nutting Boynton Beach, FI., 33426 Engineers Telephone: 561-736-4900 PAGE 1 CF 2 dam-kit--�� Fax: 561-737-9975 PROJECT NUMBER 16114.21 CLIENT City of Tam Mac ftblic Works Department PROJECT NAME -YtWAas Park F' Man Dock PROJECT LOCATION U25 Southiz3 oulevard Tam- rac Florida DATE STARTED 2/26114 COMPLETED 2126/14 SURFACE ELEVATION REFERENCE 9pvrox_ Q Road Crown DRILLING METHOD Standard Penetration Boring GROUND WATER LEVELS: LOGGED BY FGL CHECKED BY C. Gworek Q AT TIME OF DRILLING 7.0 APPROXIMATE LOCATION OF BORING As located on site plan. w ♦ SPT-X VALUE U U i w „ 10 20 30 40 PI M_ LL 20 40 60 80 o- p ~ a O J MATERIAL DESCRIPTION � z Blows y ,7 O FINES CONTENT 00 O z 0 1 20 40 60 80 TOPSOIL S9 Lt. brown fine SAND and LIMESTONE In igmenta � '^ 4 14 x� 13 29 • ' Lt. brown tine SANG SS ,r 2 9-10,12.13 22, ', 5 Lt. brown LIMESTONE and SAND SS 3 11-13.15.18 2 a i SS 13-11.12-10 24 ; A Lt, brown fine SAND and LIMESTONE, some wood root t X 5S 4534 B i 10' t 7 i Lt. brown LIMESTONE and SAND r i S5 6-4.4 8 i 15 i i Lt. brown fine SAND, some shell 20 r' SS 7 91410 24' Lt. brown fine SAND SS 8 12-20-22 42 25 _?.%-.1,'; s^ �� SS 9 3-18-t0 31 30 ' •,w 35 •� 10 23.27.20 47 (Continued Next Page Disclaimer Nutting Engineers of Plorida, Inc. accepts no is ility for the consequences of the independent interpretation otdriihng logs by others. TR 12668 Exhibit 4 J s z m s z W W 1310 Neptune Dnve BORING NUMBER 13-1 9 Boynton Beach, FI., 33426 PAGE 2 OF 2 Telephone: 561-736-4900 +� Fax: 561-737-9975 aoYeenuo®r PROJECT NUMBER 161��-' CLIENT City of Tamarac Public Works Department PROJECT NAME Veterals Park Petiestrian Jock PROJECT LOCATION 7825 Southgate Boulevard, Tamarac. Florida w ► SPT N VALUE w 10 20 30 40 PL MC LL 1 0 60 80 40 FPQ F T O MATERIAL DESCRIPTION Blows o2o ❑ FINES CON"'ENT (%) O c� 35 `n 20 40 60 80 Lt. brown fine SAND (continued) T. SS 4$-7,12 W f p Bottom of hole at 40.0 feet I i; r, Disclalmet' Nu Lting Engineers of Florida Inc. accepts no liability r e uencea of the jn e " d l ioof dri�llinlc by others. TR 12668 Exhibit 4 1310 Neptune Drive BORING NUMBER B-2 Nulling Boynron Beach, FI., 33426 Engine .Firs Tefephone: 561-736-4900 PAGE 1 OF 1 Fax: 561-737-9975 'dry"s0 comff"m PROJECT NUMBER 16114.21 CLIENT City of Tamarac Public Works Department PROJECT NAME Veterans Park Pedestrian hook PROJECT LOCATION 7825 Southgate Boulevard. Tamarac Florida DATE STARTED 2126t14 COMPLETED 2126/14 SURFACE ELEVATION REFERENCE anvr X&iioad Crown DRILLING METHOD Standard Penetr taon Bogintr GROUND WATER LEVELS: LOGGED BY FGE CHECKED BY C. Gworek �-Z AT TIME OF DRILLING 7.0 ft _. APPROXIMATE LOCATION OF BORING As located on site plan. W ♦ SPT N VALUE c� c« 10 20 30 40 T w = c9 Q O MATERIAL DESCRIPTION Blows = > PL MC LL Cr z 0 40 st ao 1:7 FlVn CC)?`iTE (%) El (D 0 co 20 40 60 80 Lt. brown fine SAND and LIMESTONE fragments SS 1 2 9.18 17 27 Lt. brown fine SAND SS 2 12.16-14-22 30 3' Lt. brown LIMESTONE and SAND 15-16-18• 2 33 —� SS 4 14.14.10•IL 24 i SZ A i 6S 10,10.8.6 18 i - ♦; : 10 Lt. brown fine SAND, some shell y i I SS 10=910 19 - t i I Bottom of hole at 15.0 feet. Disclaimer Nutting_Epjj4Mof Florida, Inc. acceot%-r:hgbilit for Ow coaMatLi$esofthe ,inde dent' r retation ofdrilliM to s by others. TR 12668 Exhibit 4 LIMITATIONS OF LIABLILITY WARRANTY We warranty that the services performed by Nutting Engineers of Florida, Inc. are conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession in our area currently practicing under similar conditions at the time our services were performed. No other warranties, expressed or implied, are made. While the services of Nutting Engineers of Florida, Inc. are a valuable and integral part of the design and construction teams, we do not warrant, guarantee or insure the quality, completeness, or satisfactory performance of designs, construction plans, specifications we have not prepared, nor the ultimate performance of building site materials or assern bly/construction. SUBSURFACE EXPLORATION Subsurface exploration is normally accomplished by test borings; test pits are sometimes employed. The method of determining the boring location and the surface elevation at the boring is noted in the report. This information is represented in the soil boring logs and/or a drawing. The location and elevation of the borings should be considered accurate only to the degree inherent with the method used and may be approximate. The soil boring log includes sampling information, description of the materials recovered, approximate depths of boundaries between soil and rock strata as encountered and immediate depth to water data. The log represents conditions recorded specifically at the location where and when the boring was made. Site conditions may vary through time as will subsurface conditions. The boundaries between different soil strata as encountered are indicated at specific depths; however, these depths are in fact approximate and dependent upon the frequency of sampling, nature and consistency of the respective strata. Substantial variation between soil borings may commonly exist in subsurface conditions, Water level readings are made at the time and under conditions stated on the boring logs. Water levels change with time, precipitation, canal level, local well drawdown and other factors. Water level data provided on soil boring logs shall not be relied upon for groundwater based design or construction considerations. LABORATORY AND FIELD TESTS Tests are performed in general accordance with specific ASTM Standards unless otherwise Indicated. All criteria included in a given ASTM Standard are not always required and performed. Each test boring report indicates the measurements and data developed at each specific test location. "mots . I ) L% " . Yc�-Rrn[ect rs fiat GWnlnlitneN. ANALYSIS AND RECOMMENDATIONS The geotechnical report is prepared primarily to aid in the design of site work and structural foundations. Aithough the information in the report is expected to be sufficient for these purposes, it shall not be utilized to determine the cost of construction nor to stand alone as a construction specification. Contractors shall verify subsurface conditions as may be appropriate prior to undertaking subsurface work. Report recommendations are based primarily on data from test borings made at the locations shown on the test boring reports. Soil variations commonly exist between boring locations. Such variations may not become evident until construction. Test pits sometimes provide valuable supplemental information that derived from soil borings. If variations are then noted, the geotechnical engineer shall be contacted in writing immediately so that fieid conditions can be examined and recommendations revised if necessary. The geotechnical report states our understanding as to the location, dimensions and structural features proposed for the site. Any significant changes of the site improvements or site conditions must he communicated in writing to the geotechnical engineer immediately so that the geotechnical analysis, conclusions, and recommendations can be revievied and appropriately adjusted as necessary. CONSTRUCTION OBSERVATION Construction observation and 'testing is an important element of geotechnical services. The geotechnical engineer's field representative (G.E.F.R) is the "owner's representative" observing the work of the contractor, performing tests and reporting data from such tests and observations. The geotechnical engineer's Field representative does not direct the contractor's construction means, methods, operations or personnel. The G.E.F.R, does not interfere with the relationship between the owner and 'the contractor and, except as an observer, does not become a substitute owner on site. The G.E.F.R, is responsible for his/her safety, but has no responsibility for the safety of other personnel at the site. The G.E.F.R. is an important member of a team whose responsibility is to observe and test the work being done and report to the owner whether that work is being carried out in general conformance with the plans and specifications. The enclosed report may be relied upon solely by the named client. TR 12668 Exhibit 4 SOIL AND ROCK CLASSIFICATION CRITERIA. SAND/S12LT CLAW/S)LTY CLAY N-VALUE (bpi RELATIVE DENSITY 0-4 5 - 10 VM Loose Loose 11 - 29 Med um 30 - 49 Iletrse >50 Very dense 100 Refusal-� MCI< Nr VALUE (bpP UNC0,NJF1NE0 COW,"' STRENGTH (MF _ CaNS1SI"ENCX 2 <0.25 - _ v: Soft 2 5 - S 0.25 - I1.5€I 0.50 - 1,00 Sufi Mcdiuin 9 - 15 16- 30 1.00 - 2`.0111 2.00 - 4,00 Sail v stiff >30 >_.00 Hard N1 V&WIIE RELATM9 fb HAMESS ROCK CRi RACTEMSTFCS 1>' to W.;t to,, L,7cal r mk fpni titim vary in hat"doess 1',Vin .iofl to Y-dy 1 d SArT;11tf1 stW .� wl- '. cal and h zww l distan= and ot'tett cultain vert a1 sotut�caa hairs o� 3 to 36 agc 1 100 Medium. lawd to leant _-, irch diut r to van16g depths etui horizental,solution faaCttres. Rock iray be Soft to rutdlum has4 briyde taspilit speca impact,, but more mistw)t to miwatim PARTICLE SIZE, DIESMPTIO *I AJOI331'I.rRS uofllder >12 io. - 0 - Salo Slight ti-scc cobble 3gs 12 im 6 - 10% 0•ti rwgvej 4,76 r=i to 3 irt. 11 -20% 41111c v+ ld 0.074 iutu to 4,76 li m 21 - 3 5% S"ald S€ik 0.005 Olin to 0.074 tstt:l >35°, o Aod Clay <0.005 mm Gtoop Major Divisions Synibots Typicnl names taborolory dasslficaiian crile•ia cva Y,raN•- adad a•ols, 9roacJ s..np ° a C. -- °ter 0att 4,Ce,= �-T.LGrfts ,rrian1 �,qq ��§ � faerti'.Su¢tiumfllaa�wly 9ro.a'.�n� C A ,d bleB sv aC4 tsS$ rm 3 4.t �,. � espy � ,gym awi,rme rds for GYf ,q,:. rvds6a+ap_ ifi �r as fige� g -m rrr7snn 6,= avt g - axe ar P,l�: ihaad lbo. "+�" I =sh F`X bca.~far, A and 7 we t;Jz€yap. {racv!r, arovat �aad eldr ' <A Alit 3f¢44aboaa h" 3Pse mat ragvisiaq um d L GC.. miaNrat c3 ttaot. symbok ... � � � � � U � Tim wah F;t. §{RaieJ rhea 7 ... -.-- C .$ VNcft.radad sands. B a,re�y weave 5 I (N3 sw C. 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Nn 'I a F z N N Lj O I S' v 95 O W S. o U ps mrn m o 'C / St 99 8 C h s 6�00ryk Qp Q¢ CL e HN a�a 5090 0 9 s 0.65 11.15 W O r2S ^ �' Z J 'D. 9 riNrr� � et n 6� OO � 01p 99 (n a �N ice. a C I Sao W m 2 1 E P4 c c �H INMO 30NVdd3i GALS 91VE)Hinos L we ovldvnvi Jo 'kilo SAMANNI Od IV103h SMEA dii h cz Lu Lu co (41 Lij 4a, 4 qdlM - -,B j V! $ j-!1 e z. 15 Wam n.. qN. - MFK iA r p - H) ml w ml Its Y ex 4' all I 961 j H oe KIN iflif �N-Q�E1 t" jI j 14Mhp$rz!;ZStI 1 B 1p91 �ZOl `tale J'" i � —A , P -M o"EBtl z P112 1 IN Jun mE 1� I I S� Id ,.1 -8 ��g e68 W 94 1 Yee « 4 "� � SF2� a.�ap €� u o—°S E: ,'E 5N y�S,F In ;h N IM'— I U W, 'Eff S' ;' HOW, ZEE TR 12668 Exhibit 4 SECTION 01025 MEASUREMENT AND PAYMENT PART 1- GENERAL 1.01 DESCRIPTION A. The Contractor shall receive and accept the compensation provided in the Proposal as full payment for furnishing all materials, labor, tools and equipment, for performing all operations necessary to complete the work under the Contract, and for full payment for loss or damages arising from the nature of the Work, or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the final acceptance by the Owner. B. The prices stated in the Proposal include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the Work as shown on the Contract Drawings and specified herein. The basis of payment for an item in the amount shown in the Proposal shall be in accordance with the contract documents. C. The Contractor is reminded that quotations for items of work are intended to establish a total price for completing the Work in its entirety. Should the Contractor feel that the cost for any item of work has not been established by the Bid Form or Payment Items, the Contractor shall include the cost for that work in another applicable bid item, in order that the Proposal for the project reflects the total price to be paid by the Owner for completing the Work in its entirety. D. Changes in Contract Price and Time require prior authorization in writing from the Owner, in the form of a Change Order or Work Change Directive. The Contractor is responsible for verification of all bid quantities and to report to the Owner any discrepancies found prior to ordering materials and/or equipment for construction. Refer to General Conditions. 1.02 MEASUREMENT A. Measurement for Payment for this Project will be based upon completion of the Work in accordance with drawings and specifications. Field measurements will determine the percent complete of work components when listed on the approved Schedule of Values. Measurements will be made using linear, area, weight, or volumetric units, as listed on the Bid Proposal Form and at the Owner's/Engineer's sole discretion for lump sum items. B. Take measurements and compute quantities. The Owner will verify measurements and quantities. C. Assist by providing necessary equipment, workers, and survey personnel as required. Feb-15 01025-1 215611984 TR 12668 Exhibit 4 1.03 PAYMENT ITEMS A. Basis of Payment for Lump Sum Items: Payment for lump sum pay items of this Project will be made at the lump sum price named in the Contract (Bid Schedule). The price shall constitute full compensation for each item, including all required labor, Products, tools, equipment, plant, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit as required to complete the item as indicated in the Contract Drawings and specifications. B. Basis of Payment for Unit Price Items: 1. Quantities indicated in the Bid Proposal Form (Bid Schedule) are for bidding and contract purposes only. Quantities and measurements supplied or placed in the Work and verified by the Engineer determine payment. 2. If the actual Work requires more or fewer quantities than those quantities indicated, provide the required quantities at the unit prices contracted. 3. If the actual Work requires a fifty percent (50%) or greater change in quantity than those quantities indicated, the Owner or Contractor may claim for a Contract Price adjustment for that item. C. Schedule of Values: 1. Submit a printed schedule on EJCDC 1910-8-E or on Contractor's standard form in electronic media printout for review and approval by the Engineer per Section 01340, Submittals and Substitutions. 2. A Schedule of Values shall be approved prior to the first Payment Application. 3. Lump sum items shall have adequate breakdown of components to facilitate evaluating completeness for payment. Breakdown components shall appear directly under the payment item heading to which they apply. 4. Revise schedule to list approved Change Orders, with each Application for Payment. D. Progress Payments: 1. Progress payments will be made for completed work components listed separately in the approved Schedule of Values. Payments for work in progress shall not constitute acceptance of the work component, the work item, or the Bid Item. 2. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities accepted by the Owner/Engineer multiplied by the unit price for the item. Final payment for unit price Work will be accomplished by reconciliation Change Order to adjust quantities, to be prepared at the end of the Project. 3. No payment, partial or complete, will be made for defective or rejected Work. E. No Separate Payment Allowed: No separate payment will be made for additional labor and materials required for accomplishing the Project in its entirety. All labor, materials and incidental costs shall be included for payment as part of the Proposal and the Contract. Feb-15 01025-2 215611984 TR 12668 Exhibit 4 1.04 DEFECTIVE WORK A. Replace the Work, or portions of the Work, not conforming to specified requirements. B. If, in the opinion of the Engineer or the Owner, it is not practical to remove and replace the Work, the Owner will direct one of the following remedies.- 1 The defective Work may remain, but the unit or lump sum price for the item will be adjusted to a new price. The adjustment will be performed at the sole discretion of the Owner. The determination for the adjustment will be decided by the Engineer. 2. The defective Work will be partially repaired to the requirements of the Engineer, and the unit or lump sum price will be adjusted to a new price at the sole discretion of the Owner. The determination for the adjustment will be decided by the Owner. C. Individual specification sections may modify these options or may identify a specific formula or percentage sum/price reduction. D. Authority of the Owner to assess the defect and identify payment adjustment is final. E. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products damaged in transit, during handling, due to improper storage. 4. Products not completely unloaded from the transporting vehicle. 5. Products remaining on hand after completion of the Work. 6. Removing, demolishing and disposing of rejected Work. 7. Loading, hauling, and disposing of rejected Products. PART 2 — PRODUCTS Not Used. PART 3 — EXECUTION 3.01 — MOBILIZATION — Bid Item No.1 A. Payment for mobilization shall be a Lump Sum. Lump sum amount includes payment for mobilization and demobilization, demolition and disposal of existing canal material, full cost of providing and maintaining all performance, payment, maintenance and warranty bonds, insurance and all required construction permits. Lump sum shall also include full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to complete this item. B. The work includes, but not limited to, movement of personnel, equipment, supplies and incidentals to the project site, Contractor's temporary office, safety equipment, first aid supplies, sanitary and other facilities as required by State and local laws and regulations, project signs, and lay down storage areas. Feb-15 01025-3 215611984 TR 12668 Exhibit 4 3.02 — MAINTENANCE OF TRAFFIC — Bid Item No.2 A. Payment for traffic regulation shall be a lump sum. Lump sum amount shall include compensation for all labor, materials and equipment necessary to keep roadways and property accesses in services during construction activities in accordance with the contract document and other governing agencies specification and regulations. MOT is lump sum amount paid per the following schedule: 5% Completion 25% Pay 25% Completion 50% Pay 50% Completion 75% Pay 75% Completion 100% Pay 3.03 — RECORD DRAWING — Bid Item No. 3 A. Payment for providing as -built drawings shall be a lump sum and made at the calculated percentage of the construction completion which will constitute full compensation for all such as -built records drawings complete, including but not limited to all work as specified herein Sections 01050 — Field Engineering and 01720 — Project Record Documents. 3.04 —EROSION CONTROL- Bid Item No. 4 A. Payment for installation and maintenance of the temporary erosion control shall be a lump sum includes all labor, equipment and materials necessary to install and maintain the SWPPP, NPDES and erosion control devices during all construction activities as shown on the plans and specifications herein and in accordance with all Federal, State, County, and City regulations. 3.05 - SITE PREPARATION— Bid Item No. 5 A. Payment for Site Preparation shall be a lump sum includes all labor, materials and equipment to remove and dispose of all bushes, trees, stumps, roots, debris and other protruding objects such as existing structures, drainage pipes, culvert, concrete and asphalt pavements. It also includes surface and subsurface investigation, shoring and bracing for excavation, de -mucking, surveys, miscellaneous repairs, clearing and grubbing, cutting and patching, demolition, and temp chain link fence installation and restoration work. 3.06 — STEEL SHEET PILES — Bid Item No.6 A. Payment for Sheet piles shall be by linear foot installed includes all labor, material and equipment necessary to complete steel sheet pile installation including excavation and backfilling, dispose of excess materials, wale beams, tie -rods, anchor plates, grout, weep holes and accessories included in the installation of the steel sheet piles as shown on the plans and specifications herein. Work also includes compaction of fill material, protection of adjacent properties and materials that are to remain and disposal of all unsuitable materials to be removed from site. 3.07 — BACKFILL/MATERIAL COMPACTION & EXCAVATION — Bid Item No. 7 A. Payment for backfilling shall be a lump sum Backfilling shall include all labor, material, equipment and incidentals necessary to backfill the areas as shown on the plans, as specified herein and as directed by the Owner/ Engineer, including but not limited to Feb-15 01025-4 215611984 TR 12668 Exhibit 4 excavation, filling with suitable materials, grading, testing, providing access to the Owner/Engineer at all time, maintaining traffic control, cleaning the site of the work location, protection of structures, trees, shrubs and other incidentals required to complete the work. 3.08 — RIP RAP STABILIZATION — Bid Item No. 8 A. Payment for rip rap installation shall be a lump sum for each site. The work includes all labor, material and equipment necessary to install rip -rap stabilization as needed and in accordance with the project design plans. B. The lump sum price for each site shall also include full compensation for all materials, labor, equipment, tools, and all other incidentals necessary for excavation, bedding, disposal of excess materials, backfill, geotextile fabric, grout and rip rap materials to complete the rip -rap stabilization in accordance with the project design plans and City, County and State specification. 3.09 — CONCRETE SIDEWALK — (6" Thick) Bid Item No. 9 A. Payment for installation and/or replacement of concrete sidewalk shall be paid per square yard for full area as shown on the plans. Installation includes all labor, material and equipment for the earthwork, clearing and grubbing, liquid applied ADA detectable warnings, removal of existing sidewalks, preparation, compaction, testing, backfill, finish and placement of 3000 psi concrete with 5 ft. spaced grooves in accordance with the details as shown on the plans and specifications herein. 3.10 —WOOD DOCK (COMPLETE) — Bid Item No.10 A. Payment for Wood dock shall be a lump sum includes all work necessary to complete installation including decking, stringers, joists, railing and finish as shown on the plans and specifications herein. Work also includes installation of all hardware and connections necessary to build proposed dock and railing. Cleats are included in this pay item. B. The lump sum shall also include full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to complete this item. 3.11 —CONCRETE PILES —Bid Item No.11 A. Payment for Concrete piles shall be by each pile to be installed as per the plans and specifications. The work includes but not limited to provide all labor, material and equipment necessary to install the concrete piles as shown on the project design plans and specification herein. Work shall include excavation, pile driving, bedding, cutting / coring of piles. Piling caps are included in this pay item. 3.12 — SEAWALL CAP — Bid Item No.12 A. Payment for seawall cap shall be by linear foot installed as per the plans and specifications. The work includes but not limited to provide all labor, material and equipment necessary to install the as shown on the project design plans and specification herein. Work shall include formwork, bond placement of concrete, steel reinforcement application of curing compound, Feb-15 01025-5 215611984 TR 12668 Exhibit 4 removal of formwork and restoration of adjacent property. 3.13 — TYPE "D" CURB — Bid Item No. 13 A. Payment for installation and/or replacement of concrete curb shall be paid per linear foot as shown on the plans. Installation includes all labor, material and equipment for the earthwork, clearing and grubbing, removal of existing curb, preparation, compaction, testing, backfill, finish and placement of 3000 psi concrete in accordance with the details as shown on the plans and specifications herein. 3.14 — ALUMINUM LADDER — Bid Item No. 14 A. Payment for furnishing & installation of aluminum ladder shall be by each aluminum ladder as specified in drawings and specifications. The work includes but not limited to providing all labor, material and equipment necessary to install the aluminum ladder as shown on the project design plans. Work shall include all other incidentals necessary to complete this item. 3.15 —PICNIC SHELTERS— Bid Item No. 15 A. Payment for furnishing & installation of two picnic shelters shall be by each shelter as specified on the design plans. The work includes but not limited to provide all labor, material and equipment necessary to install the shelter as shown on the project design plans and in accordance with the manufacturer recommendation. Work shall include all foundations, concrete slab work, framing, roofing, and all other incidentals necessary to complete this item. 3.16 — SOD (St. Augustine) — Bid Item No.16 A. Payment for sod shall be by square yard installed and complete in accordance with the projects design plans and City Standards. The work includes but not limited to provide all labor, material and equipment necessary to prepare, fine grading, placing, restoring, fertilizing, watering and maintaining the completion of the work as shown on the project design plans and specification herein. The maintenance period shall be a minimum of 90 days or as stipulated by the City. B. Work shall also include cutting and capping of existing irrigation pipes as required. Contractor shall coordinate all work with City staff to insure irrigation service is shut off during construction. 3.17 — CONSIDERATION FOR INDEMNIFICATION — Bid Item No. 17 A. In recognition of Contractor's indemnification obligations, the City will pay to the Contractor the specific consideration of ten dollars ($10.00). Payment of said specific consideration shall be made at the time of the payment of the first progress payment and the Contractor shall acknowledge payment of this consideration by letter to the City after receipt of the progress payment. END OF SECTION Feb-15 01025-6 215611984 TR 12668 Exhibit 4 Pre -Bid Conference Bid No. 15-16B Veteran's Park Boat Dock Installation Project Notes Call meeting to order — Lynda Cummings — Senior Procurement Specialist Purchasing Introductions: Alan Lam, Project Manager Terrance (Terry) N. Glunt, Engineer of Record - Stantec Mustafa Albassam, Project Manager - Stantec Review of bid submittal requirements: • Bid due date, Bid bond, • Insurance requirements • Bid packages availability in Purchasing at a cost of $20.00. • Purchasing is contact for any questions — Fax or e-mail questions • Inquiries need to be submitted 6 days prior to bid opening for consideration by the City. • Addendums will be placed on the City web site Scope of Work overview - Alan Lam, Project Manager — City of Tamarac • Liquidated damages — $300.00 • Page 15 - Permits — South Florida Water Management been obtained. Contractor is responsible to obtain the City of Tamarac Building Permit. Contractor will be reimbursed for cost except for the Public Arts fee. • Page 17 — Length of project — 120 days for substantial completion and 30 days for final completion. Total of 150 days. • Bid Schedule o Unit cost prevails. Pay careful attention to math. o Steel Sheet Piles —determine cost based on L.F. not number of piles o Schedule 3 — Note that Mobilization must not be more than 5% • Approval of alternates — need to request prior to 6 days before bid opening for consideration by City of Tamarac. Engineer of Record — Terrance (Terry) N. Glunt Engineering firm: Stantec • This is a staging dock adjacent to the existing boat ramp. It is a fixed wooden dock permitted by the South Florida Water Management District. It is outside the navigable canal. • Requires excavating for placement outside the canal. • Picnic shelters are prefabricated and pre-engineered structures with associated walkways. TR 12668 Exhibit 4 Notes - Pre -Bid Conference — Bid No. 15-16B — Veteran's Park Boat Dock Installation June 16, 2015 • This project is part of the Grant Program funded from Broward Boating Program. Deadline for completion is part of the grant 150 days. • Requires a permit from the City of Tamarac • There is no electric or water is included. • South Florida Water Management will need to be notified who will monitor the construction especially for turbidity. Note that turbidity screens are required. • Using Steel Sheet piling in lieu of aluminum due to lots of rock • Cantelevor sheeting — no tie backs. Basis of measurement is length of sheet wall not the individual piling • Questions about length of sheet piling wall • Addendum forthcoming - Change stringer and wood from yellow pine #3 to yellow pine #1. See C-4 — Type of wood — UC5 — Marine grade lumber Project Engineer - Mustafa Albassam - Stantec • As-builts — Need to be accurate showing slopes and riprap along the water which will be reviewed strictly by the SFWMD • Section 10-25 — pay items — pay close attention on how to bid the pay items. • Site visit is strongly encouraged for contractors to see actual site conditions. • Temporary fencing will be required and site security is of upmost importance. This is an active park and pedestrian safety is priority. Plenty of room to complete from land side. Some trees and need to be careful not to damage when using crane. • Pedestrian safety will be a critical part. Questions from Contractors • Question - Sheet C-4 — refers to handrail in notes but not on plan — to be considered by Engineers • Appears to be a wing under the deck — question by contractor — where concrete ended — Engineer to review • Sheet C-6 - #5 — soils engineer to determine final design — whose responsibility — manufacturer of the building. • Shelter is Litchfield — Landscape Elements — Model #175-024 — standard throughout parks in the City of Tamarac. • Requests for alternate items in the bids may be submitted 6 days prior to bid opening for possible review by City Engineers. • Tip elevation, cantelevor wall to have to hit — See C-5 • Budget/Engineer estimate - $215,000.00 • Permits obtained by City of Tamarac- SFWMD and Army Corp of Engineer • Do not need Broward County Environmental permits • Will the ramp be functional during construction? o The ramp will be closed during construction except for occasional usage by governmental agencies. 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Q p M % 00 m +, aj ''� N -J C TT (J N LL vi Q M V) L� m E � Ln � °� m� 0) a) v -0O N o o � J 3 1 i E -0 00 Z Rt � E bo v m Ttrj z J C7 00 0 LL Ln D1 Ln m J U O O C O m C E a LL N u E V� c 0 > V) m N O m E U 4-1 CD am -I � �N O Ln r-I O O T O f6 = Lu C A M — ;. U c-1 Cf t Z O. 00i Ocpi a) o LO c�0 0C oo N d Ln cn Cl E J a O U V O° .� `�' w Z z J O QZ 0 Ln Z Q LLJ O Q} O LL Z Z H a r1 a p U Lu LU ; C U LU H Z. Q a U 0 {A Y ui co U 4- uE E C C G Q Z � N m C R m J TR 12668 Exhibit 6 i� AGREEMENT BID NO. 15-16B VETERAN'S PARK BOAT DOCK INSTALLATION PROJECT City of Tamarac Purchasing Division 7525 NW 88th Avenue Room 108 Tamarac, FL 33321 TR 12668 Exhibit 6 M ;�''✓J':^.i)aS �tj �,r,•rj O�r(Bt;iS r'r!,'i:'!'. AGREEMENT BETWEEN THE CITY OF TAMARAC AND RAY QUALMANN MARINE CONSTRUCTION, INC. THIS AGREEMENT is made and entered into this day of , 20_ by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Ray Qualmann Marine Construction, Inc., a Florida corporation with principal offices located at 2860 NE 16th Street, Pompano Beach (the "Contractor") for construction of the Veteran's Park boat dock installation project. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The Contract Documents consist of this Agreement, Bid Document No. 15-16B, Veteran's Park Boat Dock Project, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid No. 15-16B as issued by City, and Contractor's Proposal; Bid No. 15-16B as issued by City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other Contract Document, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the scope of work, as outlined in the contract documents. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to Page 2 Agreement — Bid tVo. 15-168 — Veteran's Park Boat Dock TR 12668 Exhibit 6 Wi t;/ •.a Tam3r3C ` u!^.r'a3i"g and r` ir,"S - ivis,'cn any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) lnsurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager Certificates of all Insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's General Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion 4.1 The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Notice to Proceed. The work shall be completed within 150 calendar days from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. The work under this agreement shall be substantially complete (i.e. Substantial Completion) within 120 calendar days from issuance of the City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. Final Completion shall be within 30 calendar days from the date of substantial completion, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, substantial completion shall mean the project is sufficiently complete in accordance with the Contract Documents so that the project can be occupied or used for its intended use, void of any safety concerns. For the purposes of this Agreement, final completion shall mean the issuance of final payment. Page 3 Agreement — Bid No. 15-16B — Veteran's Park Boat Dock TR 12668 Exhibit 6 Chasirc apri r raj i'9C'S i!4i'slCn 4.2 During the pre -construction portion of the work hereunder, the parties agree to work diligently and in good faith in performing their obligations hereunder, so that all required permits for the construction portion of the work may be obtained by Contractor in accordance with the Schedule included in the Contract Documents. In the event that any delays in the pre -construction or construction portion of the work occur, despite diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of time for substantial completion hereunder and any resulting increase in general condition cost. 5) Contract Sum The Contract Sum for the above work is Two Hundred Fourteen thousand, Three Hundred Forty Dollars and No cents ($214,340.00). 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. Retainage of ten percent (10%) will be deducted from monthly payments until 50% of project is complete. Retainage will be reduced to five percent (5%) thereafter. Retainage monies will be released upon satisfactory completion and final inspection of work. Invoices must bear project name, project number, bid, and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. Contractor shall invoice the City and provide a written request to City to commence the one (1) year warranty period. All necessary Releases of Liens and Affidavits and approval of Final Payments shall be processed before warranty period begins. All payments shall be governed by Florida Prompt Payment Act, F.S., Part VII, Chapter 218. City desires to be able to make payments utilizing City's Visa Procurement Card as a means of expediting payments. It is highly desirable that the successful proposer have the capability to accept a Visa Procurement/Credit card as a means of payment. 7) Remedies 7.1 Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 7.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance without additional cost to the City, and / or replace any personnel who fail to perform in accordance with the requirements of this Agreement. The City shall be the sole judge of non-conformance and the quality of workmanship. Page 4 Agreement — Bid No. 15-1 bB — 'Veteran's Park Boat Dock TR 12668 Exhibit 6 C;ty 01 r' amar3C 8) Change Orders ar-d C or r3t.'S !)iV . ,on 8.1 Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to a change order until the change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. All Change Orders shall include overhead and profit, not to exceed five percent (5%) and five percent (5%) respectively. 8.2 The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at Contractor's expense without change in the Contract Price or Time except as approved in writing by the City. 8.3 The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the City allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 8.4 The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 8.5 Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party no later than fifteen (15) days after the occurrence of the event giving rise to the claim. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 8.6 Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays Page 5 Agreement — Bid No. 15-16B — Veteran's Park Boat Dock TR 12668 Exhibit 6 Livislcn to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay: available to absorb specific delays and associated impacts is used. 8.7 In the event satisfactory adjustment cannot be reached by City ar.d Contractor for any item requiring a change in the contract, and a change order has not been issued, City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a Guaranteed Maximum Price by City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the City. 9) No Damages for Delays ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THE AGREEMENT, EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase in the construction cost 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, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for hindrances or delays due solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's employees, or separate contractors employed by the City, or by changes ordered in the Work, or by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased by Change Order in order to equitably increase the general conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control, or by other causes which the City and Contractor agree may justify delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. Pace 6 Agreement — Bid No. 15-16B — Veteran's Park Boat Dock TP. 12668 Exhibit 6 r �- r'fV o Txrarac -- --- — G'f=!1cS:i g 7rL ��1 l3L'fS rC_ 10) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. 11) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of final payment and as additionally provided for in the contract documents. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The warranty period does not begin until approval of final payment for the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original bid. 12) Indemnification 12.1 Contractor shall indemnify and hold harmless City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though claim may be made after the termination hereof. 12.2 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 13) Non -Discrimination & Equal opportunity Employment During the performance of the Contract, the Contractor and its sub -contractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its sub- contractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; Page 7 Agn9ement — Bid No. 15-16B — Veteran's Park Boat Dock TR 12668 Exhibit 6 of Tamarac Purci,asiog anc' -_rrtracts .)ivL ,ior recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training. including apprenticeship. The Contractor and its sub -contractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all sub -contractors, if any, will be made aware of and will comply with this nondiscrimination clause. 14) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 15) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 16) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 Page 8 Agreement - Bid No. 15-16B - Veteran's Park Boat Dock TR 12668 Exhibit 6 '.ty of Tama: qc With a copy to the City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Ray Qualmann Marine Construction, Inc. Mitchell Scavone, President 2860 NE 16th Street Pompano Beach, FL 33062 17) Termination Pur;.^asing 3!?,q ac s D'Vis:cr. 17.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination, 17.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 18) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 19) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 20) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. Page 9 Agreement — Bid No. 15-16B — Veteran's Park Boat Dock TR 12668 Exhibit 6 ity of -rr�c �arci a rq^� Contracts i; sr 21) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceabiiity without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 22) Uncontrollable Circumstances 22.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a parry of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire; flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 22.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 23) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 24) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Page 10 Agreement — Bid No. 15-16B — Veteran's Park Boat Dock TR 12668 Exhibit 6 of -arlar3c 25) Contingent Fees Pur ,-la,wg and —,Ort acts Owts-^n Contractor warrants it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 26) Public Records 26.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 26.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 26.1.2 Provide the public with access to such public records on the same terms as that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 26.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 26.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 26.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Article 17, "Termination", herein. Page 11 Agreement — Bid No. 1 s16B — Veteran's Park Boat Dock TR 12668 Exhibit 6 fy of .Pf:rcrash- ,j 3(7 _ rsc,`s t-Wis;or, IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President duly authorized to execute same. CITY OF TAMARAC Harry Dressler, Mayor Date ATTEST: Michael C. Cernech, City Manager Patricia A. Teufel, CIVIC City Clerk Date Date Approved as to form and legal sufficiency: City Attorney Date ATTEST: Ray Qualm e Construction, Inc. ignature of Corporate Secretary ig at, f P esident Type/Print Name of Corporate Secy. 'CORPbRATE SEAL) Agreement — Bid No. 1.5-16B — Veteran's Park Boat Dock Mitchell Scavone Name of President >3 /, <� T / J Date Page 12 TR 12668 Exhibit 6 CORPORATE ACKNOWLEDGEMEENT STATE OF f le ri aA- ;SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Mitchell Scavone, President, Ray Oualmann Marine Construction, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this 73 day of �, x� o ! 15. Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT.take an oath. Page 13 Agreement — Bid No. 15-16B — Veteran's Perk Boat Dock x� o ! 15. Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT.take an oath. Page 13 Agreement — Bid No. 15-16B — Veteran's Perk Boat Dock TR 12668 Exhibit 6 Mkw% ISlvA&M ID qNw%l %-Ijqa VMPAWS PARK 8040 D 0. CK PROJERIC"tr PAYMENT AND PERFORMANCE BONDS TO BE SUMMED TO THE CITY WITHIN 14 DAYS OF AWARD Page 14 Agreement — Bid No. 15-168 — Veteran's Park Boat Dock TR 12668 Exhibit 6 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, Ray Qualmann Marine Construction, Inc., as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Two Hundred Fourteen Thousand, three hundred Forty Dollars ($214,340.00) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid No.15-16B — Veteran's Park Dock Project awarded the day of , 2015, with OWNER for construction of the Veteran's Park boat dock installation project which contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Indemnifies and pays OWNER 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 OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713.01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his 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 he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his 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. Page 15 Agreement — Bid No. 15-16B -- Veteran's Park Boat Dock TR 12668 Exhibit 6 PUr^-,-sirg an,G_Yt;,F&s 2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the Surety's obligation under this Bond. Signed and sealed this day of 2015. WITNESSES Secretary Principal By (AFFIX SEAL) Signature and Title Type Name and Title signed above WITNESSES Surety Secretary By _ (AFFIX SEAL) Signature and Title Type Name and Title signed above IN THE PRESENCE OF: INSURANCE COMPANY: By Agent and Attorney -in -Fact - Address City/State/Zip Code Telephone Page 16 Agreement — Bid No. 15-168 — Veteran's Park Boat Dock TR 12668 Exhibit 6 .;.tv 'a Ta ar3c ACKNOWLEDGMENT PAYMENT BOND State of Country of P::;-. ,af,: . -rd C'_rr.-3cts rvaro On this the _ day of , 2015, before me, the undersigned Notary Public of the State of Florida; the foregoing instrument was acknowledged by: of (Name of Corporate Officer) (Title) a (Name of Corporation) (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: oath NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an CERTIFICATE AS TO 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 signature; and his/her 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. (AFFIX SEAL) (Name of Corporation) -- Page 17 Agreement — Bid No. 15-166 — Veteran's Park 3oat Dock TR 12668 Exhibit 6 2T -13: ;a"rsc PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, Ray Qualmann Marine Construction, Inc., as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Two Hundred Fourteen Thousand, Three Hundred Forty Dollars, ($214,340.00) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid No. 15-16B — Veteran's Park Boat Dock Project awarded the day of , 2015, with OWNER for construction of the Veteran's Park boat dock installation project, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Fully performs the Contract between the CONTRACTOR and the OWNER dated , 2015, for the construction of the Veteran's Park boat dock installation project, within 150 calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER 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 and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified i� � the Contract, then this Bond is void, otherwise it remains in full force. 4.1 Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.2 Complete the Contract in accordance with its terms and conditions; or 4.3 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, Page 18 Agreement — Bid No. 15-15B — Vetsran's Park Boat Dock TR 12668 Exhibit 6 qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified; responsible and responsive Bidder. arrange for a contract between such Bidder and OWNER, 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 tern "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) Agreement - Sid No. 15-16B - Veteran's Park Boat Dock 2015. Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above Page 19 TR 12668 Exhibit 6 Oite -f 3.^tar9C Pur.. _. "g a,-c IN THE PRESENCE OF: INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone Page 20 Agreement — Bid No. 15-16B — Veteran's Park Boat Dock TR 12668 Exhibit 6 tX .F— ACKNOWLEDGMENT PERFORMANCE BOND State of ..rC:'"8::.'!y ,,Id C0^Cr9CiS Gl`ir,^trn County of On this the day of 2015, before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: of (Name of Corporate: Officer) (Title) a (Name of Corporation) (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 21 Agreement — Bid No. 15-16B — Veteran's Park Boat Dock TR 12668 Exhibit 6 It +,. `y of T9marac I, named as Principal vt rCpas/rg �3r,(7 tr'C a L(iiS Cr_ CERTIFICATE AS TO PRIM 1IPAL _, certify that I am the Secretary of the Corporation in the foregoing Performance Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duty signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) Agreement — Bid No. 15-16B — Veteran's Park Boat Dock (Name of Corporation) Page 22