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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-1671 Temp. Reso. #10495 June 30, 2004 Revision No. 1 - July 2, 2004 Revision No. 2 - July 6, 2004 Revision No. 3 - July 9, 2004 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004 --/6,7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE PROSPECT ROAD LANDSCAPING IMPROVEMENT PROGRAM; TO AWARD BID NO. 04-20B TO GREEN ACRES LN SERVICE INC.; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH GREEN ACRES LN SERVICE, INC.; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $ 479,817.69, WHICH REPRESENTS A CONTRACT AWARD OF $ 436,197.90 AND A PROJECT CONTINGENCY OF $ 43,619.79; AUTHORIZING THE CITY MANAGER TO MAKE NECESSARY ADDITIONS, DELETIONS, OR REVISIONS TO THE PROSPECT ROAD LANDSCAPING IMPROVEMENTS PURSUANT TO SECTION 6-156 OF THE CODE OF THE CITY OF TAMARAC, FLORIDA; AUTHORIZING BUDGETARY TRANSFERS AS NECESSARY FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 11, 2002, the City of Tamarac Commission approved Resolution R2002-351 authorizing the execution of an agreement with Broward County for the Trafficway Beautification for Prospect Road from Northwest 28th Avenue to Northwest 24t" Avenue; and WHEREAS, the Broward County Board of Commissioners ratified said agreement on February 4, 2003, attached hereto as Exhibit 1; and WHEREAS, the Prospect Road Landscaping Improvement program includes the installation of landscaping, irrigation and brick pavers throughout the medians adjacent to Prospect Road between NW 28th Avenue and NW 24th Avenue within the City of Tamarac; and Temp. Reso. #10495 June 30, 2004 Revision No. 1 - July 2, 2004 Revision No. 2 - July 6, 2004 Revision No. 3 - July 9, 2004 Page 2 of 5 WHEREAS, the City of Tamarac publicly advertised Bid No. 04-08B for the Prospect Road Landscaping Improvement Program on November 23, 2003 and November 30, 2003; and WHEREAS, the City received six (6) bids in response to the solicitation; and WHEREAS, Broward County altered the Project Scope by adding additional requirements; and WHEREAS, as a result of the change in scope, it was necessary to cancel all bids and re -bid the Project with a revised scope; and WHEREAS, the City Commission approved the rejection of all bids by Resolution R2004-114 on May 27, 2004; and WHEREAS, the City of Tamarac publicly advertised for re -bid via Bid No. 04-20B for the Prospect Road Landscaping Improvements program in the Sun -Sentinel on May 30 and June 6, 2004, a copy of said bid is hereto attached as Exhibit 2; and WHEREAS, on June 29, 2004, the following Five (5) bids were opened and reviewed to determine cost and responsiveness to the City's specifications: Bidder Cost $ Arrazoza Bros. $ 494,322.03 .Weekley Paving $ 532,982.80 MBR Construction $ 545,495.58 Green Acres Ln Service, Inc. $ 436,197.90 Vila & Son Landscaping Corp $ 466,403.10 ; and 1 Temp. Reso. #10495 June 30, 2004 Revision No. 1 - July 2, 2004 Revision No. 2 - July 6, 2004 Revision No. 3 - July 9, 2004 Page 3 of 5 WHEREAS, based on the bid results, it was determined that Green Acres Ln Service, Inc. Submitted the lowest responsive and responsible bid proposal, attached hereto as Exhibit 3; and WHEREAS, it is recommended that expenditures in an amount not to exceed $479,817.69 be authorized based on Green Acres Ln Service's submitted bid price of $436,197.90 and a construction contingency of $43,619.79 to account for fluctuations in material prices, variance in quantities and unforeseen field conditions; and WHEREAS, available funds exist in the Street Improvement Program budget in the amount of $ 269,000.00 for costs of the Project reimbursable by Broward County; and WHEREAS, available funds exist in the Street Improvement Program budget for the City's portion of the Project; and WHEREAS, it is the recommendation of the Public Works Director and the Purchasing and Contracts Manager that the City award the Bid No. 04-20B and execute an agreement with Green Acres Ln Service, Inc. for median beautification in the amount of $436,197.90 for the Prospect Road Landscaping Improvements; 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. 04-20B and to execute an agreement with Green Acres Ln Service, Inc. in an amount not to exceed $479,817.69 for the Prospect Road Landscaping Improvements. 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 Temp. Reso. #10495 June 30, 2004 Revision No. 1 - July 2, 2004 Revision No. 2 - July 6, 2004 Revision No. 3 - July 9, 2004 Page 4 of 5 upon adoption hereof. SECTION 2 The appropriate City Officials are HEREBY AUTHORIZED to award Bid No. 04-20B to Green Acres Ln Service, Inc. for median beautification for the Prospect Road Landscaping Improvements. SECTION 3: 1 The appropriate City Officials are HEREBY AUTHORIZED to execute an agreement with Green Acres Ln Service, Inc. for median beautification of the Prospect Road Landscaping Improvements, a copy of said agreement hereto attached as Exhibit 4. SECTION 4: A total expenditure in an amount not to exceed $479,817.69 is HEREBY AUTHORIZED, which represents a contract award of $436,197.90 to Green Acres Ln Service, Inc. and a project contingency of $43,619.79. SECTION 5: The City Manager is HEREBY AUTHORIZED to make necessary additions, deletions or revisions to the Prospect Road Landscaping Improvements work plan, pursuant to Section 6-156 of the Code of the City of Tamarac, Florida. SECTION 6: Budget transfers which may be required for proper accounting purposes and financial control are HEREBY AUTHORIZED. SECTION 7: All Resolutions or parts of Resolutions,in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable 1 1 1 SECTION 9: and adoption. Temp. Reso. #10495 June 30, 2004 Revision No. 1 - July 2, 2004 Revision No. 2 - July 6, 2004 Revision No. 3 - July 9, 2004 Page 5 of 5 This Resolution shall become effective immediately upon its passage PASSED, ADOPTED AND APPROVED this 14t" day of July, 2004. ATTEST: l OE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MA ION SWE SON, CM C MAYOR SCHREIBER CITY CLERK DIST 1: DIST 2: DIST 3: DIST 4: I HEREBY CERTIFY that I have approved this RESOLUTION as to form. COMM. PORTNER COMM. FLANSBAUM-T, V/M SULTANOF COMM. ROBERTS /k 7-/)'" EXHIBIT #1 Temp. Reso. #10495 AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for TRAFFICWAY BEAUTIFICATION FOR PROSPECT ROAD FROM NORTHWEST 28T" AVENUE TO NORTHWEST 24T" AVENUE PROJECT NO. 5278 AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for TRAFFICWAY BEAUTIFICATION FOR PROSPECT ROAD FROM NORTHWEST 28r" AVENUE TO NORTHWEST 24T" AVENUE PROJECT NO. 5278 This is an Agreement made and entered into by and between BROWARD COUNTY, a political subdivision of the state of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND CITY OF TAMARAC, a municipal corporation located in Broward County, Florida, organized and existing under the laws of the state of Florida, its successors and assigns, hereinafter referred to as "MUNICIPALITY." WITNESSETH: WHEREAS, Prospect Road from Northwest 28' Avenue to Northwest 24' Avenue is a public trafficway (hereinafter referred to as the 'Trafficway") located within the municipal boundaries of MUNICIPALITY, which Trafficway is classified as a County Road; and WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY to beautify the Trafficway by the installation of landscaping as defined in Article 1, Section 1.6, herein; and WHEREAS, MUNICIPALITY has expressed its desire to participate in the beautification and maintenance of the Trafficway; and WHEREAS, MUNICIPALITY, by resolution of its governing body adopted on the day of , 20, has approved joint beautification of the Trafficway with COUNTY, pursuant to the terms of this Agreement, and has authorized the appropriate officers of MUNICIPALITY to execute this Agreement; and WHEREAS, COUNTY, by action of its Board of County Commissioners on the day of , 20�, has approved the joint beautification of the Trafficway with MUNICIPALITY and has authorized the appropriate COUNTY officers to execute this Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payment hereinafter set forth, COUNTY and MUNICIPALITY agree as follows: ARTICLE 1 - DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement: "Agreement" shall mean this document, Articles 1 through 9, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board: "Board" shall mean the Broward County Board of County Commissioners. 1.3 Contract Administrator: "Contract Administrator" shall mean the Broward County Administrator, the Directorof Public Works, or the designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with MUNICIPALITY 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. 1.4 COUNTY: "COUNTY" shall mean Broward County, through the Board, a political subdivision of the State of Florida. 1.5 County Attorney: "County Attorney" shall mean the chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 4.03 of the Broward County Charter. 1.6 Landscape: "Landscape" or "Landscaping" shall mean living plant materials such as grasses, ground cover, shrubs, vines, treesor palms and nonliving durable materials commonly used in environmental design such as, but not limited to, rocks, pebbles, sand, walls or fences, aesthetic grading or mounding, decorative paving, and irrigation systems. -2- 1.7 MUNICIPALITY: "MUNICIPALITY" shall mean the City of Tamarac, a municipal corporation of the State of Florida. 1.8 Project: "Project" shall mean the services described in Article 2. ARTICLE 2 - SCOPE OF SERVICES 2.1 COUNTY and MUNICIPALITY shall participate in the beautification of the Trafficway in the manner set forth in this Agreement. 2.2 COUNTY shall perform the following: 2.2.1 Reimburse MUNICIPALITY for costs of material and labor relating to the installation of the landscape improvements addressed herein in an amount not to exceed Sixty-one and Seventy-five One -hundredths percent (61.75%) of the estimated cost of the Project. The cost of the Project is estimated to be Four Hundred Thirty-four Thousand Six Hundred Twelve and 00/100 Dollars ($434,612.00). The County will pay up to Sixty-one and Seventy-five One - hundredths percent (61.75%) of the cost of the Project, up to a maximum not to exceed Two Hundred Sixty-nine Thousand and 00/100 Dollars ($269,000.00). It is acknowledged and agreed by MUNICIPALITY that this amount is the maximum payable and constitutes a limitation upon COUNTY"s obligation to compensate MUNICIPALITY for its services related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon MUNICIPALITY's obligation to perform all of its duties and obligations required by or which can be reasonably inferred from the Scope of Services. 2.2.2 Review and approve plans and specifications for landscape improvements within sixty (60) days of receipt of such plans by the Contract Administrator. 2.2.3 COUNTY shall have no further obligation except as otherwise specifically set forth herein. 2.3 MUNICIPALITY shall install and maintain, or contract for the installation and/or maintenance of, all landscaping within the Trafficway as follows: 2.3.1 Prepare, or cause to be prepared, plans and specifications for the beautification of the Trafficway. The landscape design shall be in accordance with the. Broward County Landscape Ordinance which requires a minimum of Fifty Percent (50%) native plant materials. Such plans and specifications shall be reviewed and approved by the Contract Administrator. -3- 2.3.2 In accordance with the approved design plans and specifications, landscape the Trafficway and install automatic irrigation systems compatible therewith. 2.3.3 MUNICIPALITY shall properly maintain and fertilize all vegetation; keep all vegetation as free from disease and harmful insects as practicable; properly mulch the vegetation beds, keeping them free from weeds; periodically mow the grass in order to maintain a neat and proper appearance; prune all plants so as to remove all dead or diseased parts of plants and all parts of plants which present a visual hazard or physical obstacle to the use of the Trafficway; remove and replace all vegetation which is dead or diseased or which otherwise falls below the initial level of beautification of the Trafficway and keep litter removed from the Trafficway. Any replacement of vegetation as required herein, shall be accomplished by the use of plants of the same grade as specified in the original approved plans and specifications and shall be of the same size as those existing at the time of replace- ment. 2.4 COUNTY and MUNICIPALITY agree and understand that the Trafficway shall remain classified as a County road. ARTICLE 3 - REIMBURSEMENT. 3.1 MUNICIPALITY shall submit to COUNTY, upon completion of the Project, a request for reimbursement which request shall include copies of all invoices and supporting documentation: COUNTY shall, within ninety (90) days of receipt of MUNICIPALITY's request for reimbursement, remit to MUNICIPALITY the full portion of the amount that COUNTY has herein specifically agreed to assume for the Project. ARTICLE 4 - TERM AND TERMINATION 4.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall terminate as provided for by Sections 4.2 through 4.6 herein below. 4.2 This Agreement may be terminated for cause by COUNTY, through action of the Board, or by MUNICIPALITY, upon a thirty (30) day written notice given by the terminating party to the other party setting forth the breach. If MUNICIPALITY, or COUNTY, corrects the breach within thirty (30) days after written notice of same, to the satisfaction of the terminating party, the Agreement shall remain in full force and effect. If such breach is not corrected and improved within thirty (30) days of receipt of notice of breach, the terminating party may terminate the Agreement. Specifically in the case of MUNICIPALITY's requirement to maintain the beautified Trafficway, COUNTY, at the option of the Contract Administrator, may cause such breach to be corrected and improved and bill MUNICIPALITY for the costs of such correction and improvement or terminate this Agreement. If COUNTY opts to correct and improve the breach and bill MUNICIPALITY -4- for same, MUNICIPALITY shall then remit to COUNTY the amount so billed within thirty (30) days of MUNICIPALITY's receipt thereof. 4.3 Termination of this Agreement for cause shall include, but not be limited to: failure of the parties to suitably perform the services required by Article 2 herein, failure of the MUNICIPALITY to maintain the beautified Trafficway pursuant to the terms of this Agreement, and failure of the parties to continuously perform the services required by the terms and conditions of this Agreement in a manner calculated to meet or accomplish the objectives set forth herein, notwithstanding whether any such breach was previously waived or cured. 4.4 This Agreement may be terminated for convenience by either party upon a thirty (30) day written notice given by the terminating party to the other party. This Agreement may also be terminated by COUNTY's Contract Administrator upon such notice as Contract Administrator deems appropriate in the event that the Contract Administrator determines that termination is necessary to protect the public health, safety, or welfare. 4.5 In the event this Agreement is terminated for convenience, upon being notified of election to terminate, the parties shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. MUNICIPALITY acknowledges and agrees that ten dollars ($10.00), the adequacy of which is hereby acknowledged by MUNICIPALITY, is given as specific consideration to MUNICIPALITY for COUNTY's right to terminate this Agreement for convenience. 4.6 Notice of termination shall be provided in accordance with the Article 6, "NOTICES, herein except that notice of termination by Contract Administrator which Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with Article 6, "NOTICES," herein. ARTICLE 5 - CHANGES IN SCOPE OF SERVICES Any change to the Scope of Services must be accomplished by a written amendment, executed by the parties in accordance with Section 9.14 below. ARTICLE 6 - 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: -5- FOR BROWARD COUNTY. - Henry P. Cook, Director Engineering Division One North University Drive Suite 300B Plantation, Florida 33324-2038 FOR MUNICIPALITY. - City Manager City of Tamarac 7525 Northwest 88 Avenue Tamarac, Florida 33321 With a Copy To: City Attorney 7525 Northwest 88 Avenue Tamarac, Florida 33321 A ARTICLE 7 - INDEMNIFICATION 7.1 MUNICIPALITY is a state agency or political subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 7.2 In the event that MUNICIPALITY contracts with a third party to provide the services set forth herein, addressed herein above, any contract with such third party shall include the following provisions: 7.2.1 Indemnification: MUNICIPALITY's contractor shall at all times hereafter indemnify, hold harmless and, at County Attorney's option, defend or pay for an attorney selected by County Attorney to defend COUNTY, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of MUNICIPALITY's contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Contract Administrator and County Attorney, any sums due MUNICIPALITY's contractor under this Agreement may be retained by MUNICIPALITY and/or COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by MUNICIPALITY and/ or COUNTY. 7.2.2 In order to insure the indemnification obligation MUNICIPALITY's contractor shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverages set forth in Article 8, Section 8.2, in accordance with the terms and conditions required by this Article. 7.2.3 The policies referred to in Section 7.2.2 herein above shall be without any deductible amount and shall be issued by approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Broward County, Florida. ARTICLE 8 - INSURANCE 8.1 The parties hereto acknowledge that MUNICIPALITY is a self -insured governmental entity subject to the limitations of Section 768.28, Florida Statutes. The MUNICIPALITY shall institute and maintain a fiscally sound and prudent risk management program with regard to its obligations under this Agreement in accordance with the provisions of Section 768.28, Florida Statutes. 8.2 In the event that MUNICIPALITY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: 8.2.1 Insurance: MUNICIPALITY's contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, insurance of the types and amounts as set forth on Exhibit "A," a copy of which is attached hereto and incorporated herein by reference as if set forth in full, and shall name COUNTY and Broward County Board of County Commissioners as an additional insured. 8.2.2 MUNICIPALITY's contractor shall furnish to the Contract Administrator Certificates of Insurance or Endorsements evidencing the insurance coverages specified by this Article prior to the beginning performance of work under this Agreement. 8.2.3 Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of MUNICIPALITY's contractor is completed. All policies must be endorsed to provide COUNTY with at least thirty -7- (30) days' notice of cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. ARTICLE 9 - MISCELLANEOUS 9.1 AUDIT RIGHT AND RETENTION OF RECORDS. COUNTY shall have the right to audit the books, records, and accounts of MUNICIPALITY that are related to this Project. MUNICIPALITY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. MUNICIPALITY 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, Fla. Stat.), 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 MUNICIPALITY's records, MUNICIPALITY shall comply with all requirements thereof, however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by MUNICIPALITY. 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. 9.2 NONDISCRIMINATION, EQUAL EMPLOYMENT. OPPORTUNITY, AND. AMERICANS WITH DISABILITIES ACT. MUNICIPALITY 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. MUNICIPALITY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course 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, MUNICIPALITY shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following; employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 9.2.1 MUNICIPALITY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 161/), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 9.2.2 MUNICIPALITY shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16%) in performing any services pursuant to this Agreement. 9.3 THIRD PARTY BENEFICIARIES. Neither MUNICIPALITY nor COUNTY intend 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. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 9.4 ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. MUNICIPALITY 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. MUNICIPALITY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of MUNICIPALITY's performance and all interim and final product(s) provided to or on behalf of COUNTY shall be comparable to the best local and national standards. 9.5 MATERIALITY AND WAIVER OF BREACH. COUNTY and MUNICIPALITY agree that each requirement, duty, and obligation set forth herein insubstantial and important to the formation of this Agreement and, therefore, is 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. 9.6 COMPLIANCE WITH LAWS. MUNICIPALITY shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.7 SEVERANCE. In the event 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 MUNICIPALITY elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 9.8 JOINT PREPARATION. The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and 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. 9.9 PRIORITY OF PROVISIONS. If there is 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 Articles 1 through 9 of this Agreement shall prevail and be given effect. 9.10 APPLICABLE LAW AND VENUE. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 9.11 AMENDMENTS. 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 MUNICIPALITY. 9.12 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 set forth in writing in accordance with Section 9.13 above. 9.13 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 a part of this Agreement. 9.14 MULTIPLE ORIGINALS. This Agreement may be fully executed in five (5) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. -10- IN WITNESS WHEREOF, the parties hereto 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 Mayor or Vice Mayor, authorized to execute same by Board action on the J =._ day of 20 vim, and CITY OF TAMARAC, signing by and through its Mayor, duly a horized to execute same. ATTEST: County Administrator and Ex-Ofhcio Clerk of the Board of County Commissioners of Broward County, Florida COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS day of 200S. d�— Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephon (954) 357-7600 Telecopi r (954) 357-6968 By ji) Pamela M. Kane Assistant County Attorney - 11 - AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR TRAFFICWAY BEAUTIFICATION FOR PROSPECT ROAD FROM NORTHWEST 2811, AVENUE TO NORTHWEST 24"' AVENUE. WITNESSES: 92,G4,-p.L l`/ Gib ATTEST: City Clerk (CORPORATE SEAL) CITY OF TAMARAC By ortjc-7� Mayor -Commissioner _jfc-�-, day of , 20 c) ;k-. Cfty Manager day of , 200.x- APPR V Ap�qFPF�M: r M PMK November 18, 2002 00ocumeMs and Settings%cooMocai Set3fngs\TempXBeautif2.wpd 001-058.05 City --12 -a 2L -12- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATION HOLDER ✓ i //� 7.. i/ A /I THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW NAMti AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES COMPANY LETTER A COMPANY LETTER B NAME AND ADDRESS OF INSURED COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E This is to certify that policies of Insurance listed below have been Issued to the insured named above and are In farce at this time. Notwithstanding any reuirement, term or condition of any contract or other document with respect to which this certificate may be Issued or may pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. POLICY LIMITS OF LIABILITY (000) COMPANY POLICY NUMBER EXPIRATION EACH LETTER TYPE OF INSURANCE DATE OCCURRENCE AGGREGATE GENERAL LIABILITY 130DILY INJURY S S MPREHENSWE FORM 0EMISES•OPERATIONS PROPERTY DAMAGE S S M�XPLOSION a COLLAPSE HAZARD WONOERGROUND HAZARD BODILY INJURY AND pPRODUCTSICOMPLETED PROPERTY DAMAGE S S'C/Q PERATIONS HAIARQ COMBINED N7ggCTUALINSURANCE ROAD FORM PROPERTY DAMAGE PERSONAL INJURY S NOEPENOENTCONTRACTORS OPERSONAL INJURY .. CIGARAGE AUTOMOBILE LIABILITY BODILYINJURY (EACH PERSON) S MPREHEN SIVE FORM BODILY INJURY WNED (EACH ACCIDENT) S "WED PWUN-OWNED PROPERTY DAMAGE S BODILY INJURY AND PROPERTY DAMAGE S COh0INED EXCESS LIABILITY OUMBRELI A FORM BODILY INJURY AND OOTHER THAN UMBRELLA FORM PROPERTY DAMAGE S S COMBINED WORKERS' COMPENSATION STATUTORY AND $ d EMPLOYER'S LIABILITY (EACHACC OTHER DESCRIPTION OF OPERATION SILOCATIONSNEHICLES CERTIFICATE MUST SHOW (ON GENERAL LIABILITY ONLY) ADDITIONAL INSURED: BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, BROWARD COUNTY, FLORIDA 1V C wry a ra G CERTIFICATE MUST BE SIGNED AND ALL APPLICABLE DEDUCTIBLE$ SHOWN :ancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail Th)rt SO days written notice to the below named certificate holder, NAME AND ADDRESS OF CERTIFICATE HOLDER BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS 11 S South Andrews Avbenue FI Lauderdale; FL 73301 ATTN Purchasing Division, Room 212 RE BID M C% jr PROJECTS PROJECT r 7� DATE ISSUED. AUTHORIZED REPRESENTATIVE DATE:O-- TEMPORARY RESOLUTION 10495 PROSPECT ROAD LANDSCAPING IMPROVEMENTS REBID EXHIBIT "2" BID NO. 04-20B IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK of rarnarac Temp. Reso. #10495 3 Ccntracts Diviwn STATE OF FLORIDA) )SS: COUNTY OF BROINARD) This Bond Complies with the BID BOND Terrorism Risk Insurance Act of 2002 (TRIA) KNOW ALL MEN BY THESE PRESENTS, that we, _ Green Acres Ln Service, Inc. as Principal, and Nova Casuals Com ga 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. Five Percent of the Amount Bid Dollars $ 5% 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 June 22nd 20 Qk for: ,Prospect Road LandscapingImprovements— Rebid — Prospect Road from NW 28th Ave. to NW 24th Ave., Tamarac, Florida Bid NO. D4-20B 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: Page 1 of 2 Bid Bond C;ttj of 7 amarac ACKNCWLEDGEMENT "w o Signed and sealed this 22nd day of ,`JN PRESENCE OF— : MOWAVIOAMM (AFFIX SEAL) ATT— T: Secretary Tiva 'Haase, Account Assistant ATTEST. S cret Kathy Clawson, Account Assistant Inquiries: (407) 834-0022 'maress Corporate Seal ,Tune & Conuac: Diviz cn ZQ 04 Green Acre erv'ice, Inc. x< Principal 2130 NE 15th Terrace Business Address Ft. Lauderdale, FL 33305 Cty/State0p 954 563-3379 Business Phone Florida Licensed Registered Agent I -Ale Jennifer L. McCarta Att ey--ln-Fact' 48�� .Tenn r cCarta 0-- 7 -F 7 Bond No. 39152 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which NOVA Casualty Company is Surety. NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by NOVA Casualty Company DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "Acts of Terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. 180 Oak Street Buffalo, New York 14203-1691 NOVA CASUALTY COMPANY (716) 856-3722 POWER OF ATTORNEY No. 3052 Know all men by these Presents,' that the NOVA CASUALTY COMPANY, a corporation of the State of New York, having its principal offices in the City of Buffalo, New York, does make, constitute and appoint ***J.W. GUIGNARD, BRYCE R. GUIGNARD, M. GARY FRANCIS, PAUL J. CIAMBRIELLO, DEIDRE SULLIVAN, APRIL L. LIVELY & JENNIFER L. its true and lawful Attorney(s)-in-fact, to make, 'eHfWbW �^Ltd' deliver for and on its behalf,as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no -bondor undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ***NOT TO EXCEED $750,000*** This Power of Attorney is granted and is signed and. sealed by. facsimile under and by the authority of the fol- lowing Resolution adopted by the Board of Directors of NOVA CASUALTY COMPANY at a meeting duly called and held on the 18th day October, 1. 993: "RESOLVED, that the President, and Vice President, the secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature there- of, one or more resident vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company: the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so exe- cuted and certified by facsimile :signatures and facsimile seat shah: be valid and bindi Apon the Company in it* future .with respect to any bond or undertaking or other writMg obligatory in the nature. thereof to which it is attached. Any such appointment may be revoked, for cause, or pvithoutcause, by any of said officers, at any time." In Witness Whereof, the NOVA CASUALTY COMPANY has caused these presents. to be signed by its officer undersigned and its corporate seal to be hereto affixed dtilyattested by its Secretary, this 21 st day of October, 1993. Attest: NOVA CASUALTY COMPANY Wirr 21 CDRPOfiA'rtc. i4 Marsha Acharya, Secretary sm + Norman F. Ernst, President STATE OF NEW YORK %W- �: COUNTY OF ERlE On the 21 st day of October, 1993, before me personally came Norman F. Ernst, to me' known, who being by me duly swom, did depose and say: that he resides in the County of Erie, State of New York; that he is the President of NOVA CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of. Directors of. said corporation and that he signed his name thereto by like order. OF NE, STATE OF NEW YORK ; COUNTY OF ERIE } KAcouTNLEENA 1 RrnlEY ' Kathleen A. Courtney Notary Public, Erie Co., NY rgRY ye My Commission Expires July .25, 1994 w� CERTIFICATE I, the undersigned, duly elected to the office stated :below,' now the incumbent in NOVA CASUALTY COMPANY, a New York Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. City he ..22nd Signed. and Sealed at the Ci of Buffalo. Dated t. day of June ; 2004 u?aar y i / SE�ALA� i \NFwy Christopher C. Hoover, Treasurer This power is valid only if the power of attorney number printed in the uppdr right hand corner appears in red. Photocopies, carbon copies or nfharra�rnri ^•n�a rT— *sn�°r ,. r e, City of Tamarac t Po "Committed to Excellence ... Always" Purchasing and Contracts Division ADDENDUM NO. 1 BID NO.04-20B PROSPECT ROAD LANDSCAPING IMPROVEMENTS -- REBID DATE OF ADDENDUM: JUNE 10, 2004 Proposers are hereby notified that this Addendum shall be made part of the above named bid document. The following are answers to the questions posed at the June 8, 2004 pre -Bid Conference: 1. Drawing Page LNP-2: The successful contractor shall make the median as symmetrical as possible. 2. Drawing Page LND-1: The City and Broward County require a 12" over cut. 3. Drawing Page LND-1: Asphalt shall be saw -cut and restored to match existing asphalt. Installation shall conform to Type ". F" Curb and Gutter detail. 4. Wherever the City specifies an open cut methodology, the contractor may opt to utilize directional boring instead. In addition, a listing of vendors in attendance at the pre -bid conference is attached. If you have any questions regarding this addendum, please call (954) 724-2450. This addendum should be signed and returned with your Proposal. NAME OF PROPOSER: SIGNATURE: R r V , C e- _-- Inc, DATE: 1. Kk c� 3 7525 NW 88th Avenue 0 Tamarac. Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tomarac.org City of Tamarac Purchasing and Contracts Division ADDENDUM NO. 1 PRE -BID MEETING VENDOR ATTENDEES PRE -BID MEETING DATE: JUNE 8, 2004 COMPANY NAME ATTENDEE NAME Arazoza Bros. Ricardo Lanati Centerline Commercial Susie Perina Centerline Commercial Joseph Landdth Green Acres Pat Erwin MBR Construction Federica Douaihi Vila & Son Landscaping Jay Zwellin t-r rAM City of Tamarac "Committed to Excellence —Always" Purchasing and Contracts Division ADDENDUM NO.2 BID NO.04-20B PROSPECT ROAD LANDSCAPING IMPROVEMENTS — REBID DATE OF ADDENDUM: JUNE 16, 2004 Proposers are hereby notified that this Addendum shall be made part of the above named bid document. Please replace the following pages of the bid document~ 1. Pages SCH-1 through SCH-15, "Schedule of Bid Prices — Bid No. 04-20134 . This reflects corrections to quantities on the bid document, which should now accurately reflect quantities on the drawings. 2. As a result of this change, the bid opening date and time should now be changed to: JUNE 24.2004, 2:00 P.M. local time. There are no other changes to this bid. Please bid accordingly. This addendum should be signed and returned with your Proposal. NAME OF PROPOSE SIGNATURE: e eea. R!.r-es L.r Ce— DATE: 7525 NW 88th Avenue ■ Tamarac, Fladdo 33321-2401 ■ (954) 724-2450 ■ Fox (954) 724-2408 ■ www.tarnoroc.org Equal Opportunity Employer City of Tamarac e "Committed to Excellence... Always" Purchasing and Contracts Division ADDENDUM NO. S BID NO.04-20B PROSPECT ROAD LANDSCAPING IMPROVEMENTS — REBID DATE OF ADDENDUM: JUNE 24, 2004 Proposers are hereby notified that this Addendum shall be made part of the above named bid document. The bid opening date and time, is now changed to JUNE 29, 2004 at 2:00 P.M. local time. In addition, please note the following: REPLACE pages SCH-1 through SCH-11, "Schedule of Bid Prices — Bid No. 04-20W dated &W2004 with the attached Schedule of Bid Pries marked "ADDENDUM S" at the top and "REVISED SCH-1" through "REVISED SCH-11" with a date of "612412004", at the bottom. This reflects corrections to quantities on the biddocument, which should now accurately reflect quantities on the drawings. Following are answers, marked in bold type, to questions received by the City: Q: The bid talks about "stripping` soil in spac book, six inches, the word "stripping" is not found in bid form, so if one must assume, the six inches would be put in the bed preparation area, however the square footage given does not correspond to the square foot of the area referred to in the spec book. A: Stripping Is understood to be Included with "Bed Preparation". Depth for plant bed will be increased from 4" (Old Sheets) to 6" (Specs) and the quantities adjusted accordingly. Q: The voltage supply for the irrigation controller is not mentioned in the spec book. Is it 240 or 480? The only voltage mentioned in the spec is about the 600 Volt wire needed for controllers. A: The Supply will be 240V, and the 600 Volt wire is "600 volt PVC insulation" for conductors. 7525 NW $$th Avenue r Tamarac, Florida 33321-2401 ■ (9S4) 724-2450 a Fax (954) 724-2408 ■ www.tomaroc.org EqM OPPwkwMY &rooM City of Tainarac Purchasing and Contracts Division Q: Things that are mentioned in the spec book and are not found on the plans. VVhat governs? A: Information found In the Speck supersedes the Plans. Q: During the pre -bid conference, the City stated that this was an itemization bid for the landscape sections, but the irrigation section would need to be reflected as a lump sum figure. A: Itrmtzation of materials was provided for assistance in the bid process to provide a Lump Sum as required for any irrigation work. Estimators may use the plans to provide the Lump Sum quantify, and do not have to rely on the numbers and Item provided for Informational purposes In the Bid Sheets. PLEASE REFER TO THE BID SCHEDULE PAGES FOR IRRIGATION BIDDING REQUIREMENTS. in addition, the City requires contractors to include any extra items assumed to be required to complete the job. These items should be included as part of the pricing for the relative items contained in the bid sheets, or brought to the attention of the City at the appropriate time. All other items, terms and conditions remain the same. This addendum should be signed and retumed with your Proposal. NAME OF PROPOSER: - MCA 11[� � _-� �'1 �f� V,_ G9--- ,9 SIGNATURE: / I DATE: �7 4 4 O � a 0 �Pm �o zd �d Z p 40sm ' O 16 tvt0 Ho FIL ILU= 0 L� V S0 IL9IL TO o o el lic �M o N a o0 w_ vT p q 1q7 O lh N E W w U„ r #i IL S R{1 �eN19 �10OAm TrNOJ � r N. pl � 1p O A q t"A �., c o g00000 0 �o r, m rT - a $ w i w w LL O U. fAIL.U.+ r o tprrN rV r" ��pp 0a +' G N � O r NNN O O r F A n Nj 1p q p V w� s q F- clef, �rNP7 � � �r Nt9tllb eoA4 m r N l") � M O A m � � r M t ul 0 r6 0 4 p a 116 flyLL�WLLo��LL. 6 iHr pl Q fib14 0 $f q M 47 dl Um - W 1{I W W W Atl ry Go W t � � � Y. S`��►- oil T fill ;111,1 b� a�HMrtMOAmO� Tr�N a MI (3 �e �- N l7 • 14 � A q a 4 43 a n IN a R 4 a ti � [S a r! pO IL w m N N !^l q IL q (W7 ~ si 67 W J A d IN U a N M z [q 19 w N e�f • 1� O A m O 19- I.C4 III-1-1-1 m Odd tvr � � 0 ■ �. s � � d ` a K��� � � � � � § .�&�■ § �■■§ §■@ w - - § 2 � �■ � � $ .o � Jill1111.111 . .� & § § 1:3 ,Z, � � � � � e N A j1 O ' � r r s S � W MULL WYIJJJ...f .J .LLd LL. W i } 5 �►* �pQQ N��0007�OO��w;! pp SI R;! OQp H pq � W �cyrav�u�ar��a�r����1D►.'��N j. Op 0 O S� CCC O Di li W N wf 'v 10 S, a a 6 fl O wQ I? ' s � � � LL w LL gald " ~ O O 1% � w w A s O la m q IKI q tll a J V b q In p CN N IL Im 13 w ry M G M T w lV al � r N of � q 1D 1� O Cp O ,w 0 4 1n �i S� .m g M 2 0. am n 0' W Zp �gm ©w 0 v� JZ d 0 Q. V r ;3 ` � 1 'r■r■ d d d d — I N 1 0 1 v I %c I o 000�090690111 g� D 4z) o M s F- City of ; dinar,9r_ pUrchashr a and Contracts Divisior, COMPANY NAME: (Please Print): Lr1 2rv►ce- Phone: ski- „.A 3�.2`� g Fax: C'S4- S g g' i [� 1 l 5. d6. 147. 9. BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. Carefully read the Detailed Specifications, and properly fill out the Bid Forms. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. Sign the Certification page. Failure to do so may result in your Bid being deemed non -responsive. Fill out the Bidder's Qualification Statement. Fill out the References form. Sign the Vendor Drug -Free Workplace form. Fill out the List of Subcontractors. Include a 5% Bid Guarantee. Failure to provide a bid guarantee will result in automatic rejection of your bid. Payment and Performance Bonds will be reqired and must be submitted on th a City's forms, included In this document. Fill out and sign the Certified Resolution. Include proof of insurance. 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. 41 Bid Coverpage Checkst -.1 Ar:rr^as;nn arr Ccrtrar; n BID FORM BID 04-20B PROSPECT ROAD LANDSCAPING IMPROVEMENTS Submitted by: h I-een S n Szr✓, (didder) Date THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88t' Avenue Tamarac, Florida 33321 1 The undersigned Bidder proposes and agrees, if this bid is into a contract with the City to perform and furnish all Work as specified to enter for the Contract Price and within the Contract Period indicated i specified herein 2• This bid will remain subject to acceptance for nine 90) days aft n this bid. opening. Bidder will sign and submit the necessary documents ere the day of bid City within fifteen (15) days prior to the date of the City's Award. quired by the a) Bidder has familiarized itself with the nature and extent of t documents, locality, and all local conditions and laws and regulations contract that in any manner may furnishing of the Work. y affect cost, progress, performance or b) Bidder has given the City written notice of all conflicts discrepancies that it has discovered in the contract docor uierrors d the written resolution thereof by the City is acceptable to Bidder.t$ and c) This Bid is genuine and not made in the interest of or on behalf undisclosed person, firm or corporation and is nots bm ttef any conformity with any agreement or rules of an din organization or corporation; Bidder has not directly orssociationindirectly induced or solicited any other Bidder to submit a false or shamy Bidder has not solicited or induced anfirm Bid; refrain from bidding; and Bidder has not sought b r collusion corporation oto btain for itself any advantage over any other Bidder or over the City. . obtain • Bidder will complete the Work ty. Prices"• k for the prices shown in the "Schedule of Bid Bidder agrees that the Work will be substantial) accordance with the schedules established herein, y performed and complete in BF-1 µ Purcta-eir g anr; Contracts Division ZJ BID FORM Bid 04-20B Prospect Road Landscaping Improvements -Rebid (continued) The City of Tamarac is hereby requesting Bids, from qualified vendors to landscaping improvements, as follows: provide Landscape and irrigation improvements to th Prospect Road from. NW 28th Avenue to NW 24Avenue, in a joint p roj?ct agreement w ith Brdward County. Work shall include the installation of landscaping, irrigation, including pumps and controls, and brick pavers. In order to be considered for this project, the vendor must meet the following g 1 1. Has successfully completed a minimum of three (3) projects of similar scope and complexity over the past five. (5) years. 2. Must be able to document the requested experience upon request. We propose to furnish the following in conformity with the specifications and at d Prices referenced on the Schedule of Bid Prices. The bid prices quoted havehbeen checked and certified to be correct. Said prices are fixed and firm and shall be paid to ' Bidder for the successful completion documents,. p of its obligation as specified in the contract Z-Q Se-rvr Name of Bidder Date see Schedule of Bid Prices on the following pages. BP-2 C;ty of �' .N�,'� PUrw•haSinq dn% �Dnt�3Cts �%L'%SIOn BID FORM Bid 04-208 Prospect Road Landscaping Improvements -Rebid The City reserves the right to reject an Provided erroneous information. The undersigned declare. y bid, if it deems that a vendor has deliberate) authorization to obligate their firm to the terms of this y examined the Invitation t Bid, the o instructionsta have specific and legal documents included in this bid request bid, and further, that they have to Bidderspromls, the Specifications, and other accepted, the q .and hereby Y will faithfully fulfill the terms of this bid together all that, if this bid d warranties thereto. The undersigned bidding firm further equipment meets or exceeds the specification ass all guarantees and certifies the product and/or agrees that Products and/or equipment to be delivered which the bid. package; will be rejected by the City fail to meet bid spec fcdat specifications the expense of the bidder. within thirty (30) days of delivery. Return of rejection will be at � � rtri(' Company Name Address 1Manors City, State, ZIP Contractor's License Number SF-3 �-r r ryped/Printed Name In -J Telephond &Fax Number `563 33SS3 6s-01f Oai33 Federal Tax ID# C'W/ Or 1 am.2raC Bidders Name: P.r�"asing and CorfraCfs Divigipn BID FORM Bid 04-208 Prospect Road Landscaping Improvements -Rebid /i ,, d TERMS: Net DAYS or % discount within `c Delivery/complet , : 180 calendar d days after d' s receipt of Notice to Proce To be considered eligible for award, one am) original of this bid form mint be submitted with the Bid. Two (2) copies should acc Provided within 3 days of the City's request. any the original; however, copies must be NOTE: Bid submittals without the manual signature of an authorized agent of the shall be deemed non -responsive and ineligible for aw 9 Bidder ard. IF NO BID -IS OFF EKED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Return the Bid Form to avoid removal Of is not being submitted at thi vendor listing, of Bidder from the City s time. y of Tamarac's CERTIFIED RESOLUTION I -- -- -.5 Ala L. r-ee`') �4e•re5 the State of I'S ��(Name of Name), the duty v /-i� Corp.),rp)a corporation organized and existing elected Secretary of unanimously adopted and a , do hereb g under the laws of a meeting held in accordan a with law and the by-laws y Certify that the followin q of the Board of Directors of the sa,Resolution was "IT IS HEREBY RES y s of the said corporation. corporation at duly elected r VED THAT and submit a Bid and/or 8 d Bond i (Name of Corp,) Title (Name)", the instruments in f such bond is r p) be and is hereby of Officer) of writing as ma required, to the Ci y authorized to execute Bid, Bid Band y be necessa ty of Tamarac and such other and other such instruments signed ry on behalf of the said corporation; corporation as its own acts and deeds b poration; and that the those authorized to act by the foregoing resolution. y him/her shall be binding upon the shall certify the names ad signatures aod The City of Tamarac shall be full Shall be indemnified and saved harmless from an y protected in relying upon such certification of the secretary damage resulting from d savedy and all claims refusing to honor an growing out of honoring, .demands, expenses, loss o y signature not so certified g, the signature of any person so certified or for I further certify that the above resolution is in force rescinded. and effect and has not been revis I further certify that the followin ed, revoked or authorized to act by the foregoinggesre a name'n. titles and official signatures of those persons NAME TITLE Gwen under my hand and the Seal of the said corporation this ,tEAL) / day of ,� zoo y. Secretary hZ above • Corpora Title �e follow dsuggested form of the type of Corporate action of explicitly, but the Certified p rate Resolution desired. ratio the City of Tamarac that the Resolution submitted Such form need n has been person signingmust clearly show Property empowered b the Bid and Bid B to the ;4 y the corporation to do so in its behalf, and far the asing d C017 C� IrW� CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED VVH W(I), the undersigned herebyTHE BID Invitation u Bid. �n I undersigned, agree to furnish the items)/service s () rtifY that we(1) have read the entire documenescribed in the Specifications, Additional Requirements, Supplemental Bidders, Terms and Conditions, and any addenda issued. t, including the the requirements of the entire s and Attachments, Instructions to n To Bid. agree to comply with all of Indicate which type of organization below: INDIVIDUAL 0 RRTNERSHIP E] If "Other", En: Authorized Si naf re Title mpany Name City/State/jj5 lax Number pz?ge 1 of i CORBRATION � OTHERE] E ,. Name (Rated Or Typed) Ederal Employer I.D./Social Security No. /5 /e eruc e, Address 6&-, J , Telephone Contact C&I'tificatior 2. City .�f l3mr7r3C OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth a'. all answers to questions made hereinafter; and correctness of all statements and SUBMITTED TO: of City of Tamarac Purchasing and Contracts Mana er 7525 NW 88th Avenue g Tamarac, Florida 33321 Company: Check One Contact Name: C4 - Address: �� J �� 7 � Corporation City, State, Zip / f� j'r'Co Telephone No. Partnership i Fax No. S3 ..3 3 01ndividual 1 State the true, exact, correct a 00ther trade or fictitious name under Which cho you Warne of the Partnership, of business. Y do business and the address of the place The correct name of the Offeror is: ! G `-' / S The address oft 7tl�- �"e - 1�-/— 4�11C he principal place of business is. ALrrr�� If Offeror is a corporation, answer the fo►lowin : a) Date of Incorporation: g %il b) State of Incorporation: I—�or,�{�, c) President's name: ��Q & r �J d) Vice President's name: e) Secretary's name: Treasurer's name: a 1 � g) Name and address of Resident Agent' f �- �� ,? /QC) 'L % /S je Pa y� i of 5 L-1 10. P!JrC/7aS/-11g & Contr.3cfs 041SiM7 3- If Offeror is an individual or a partnershianswer the following: 1) Date Of organization: p. b) Name, address and ownership units of all Partners: c) State whether 4. general or limited Partnership: If OfFeror is other than an individual, corporation n' organization and give the name and address of prinor partnership, describe the principals: 5- If Offeror is operating under the Florida Fictitiousa fictitious na Name Statute. me, submit evidence Of compliance with 6, How many years has business name? 5 Your Orgn business been iunder its Present a) Under' what other former names has Your organization Operated? Indicate registration, license numbers arcertificate numbers for the businesses or Professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. Have YOU Personally Y inspected the site of the proposed work? L/J1 YES ED NO Do you have a complete set of documents, including drawings and addenda? MYES 0 No Did YOU attend the Pre -Proposal Conference if any such Conference was held? Q YES E] No City 2f T�m�r3c f"n ha,in $ 11. 9 Co"treCtS DiviSioir Have you ever failed to complete Where and why: any work awarded to You? If so, state when, 12 13. State the names, telephone numbers and °wners, individuals to representatives of Ownerslt known whichwith the most knowied three (3) You have performed and to which you refer Preferred as references). (government owners of wark e y�hlame List the�O� '`� 'g.�,'d,.�,1 � . ��• u5�� °inspertinent experience of the key individuals ert sheet, if necessary). s of Your organization (continue �.f 1 Y t l' V lam• � �, i .. � 411 eS lra SL -�rric qfi�, S. I O yp 14. State the name of th' PY)Cr--tc� Yv+.s 7 ] 15 individual who wi have pens l , . 71 have personal supervision -�.,� n State the name and address ofattorne i t7 y, f any, for the business of the Offeror: 15 State the names and addresses of interest of more than five percent f all u messes and/or individuals who Percentage owned of each such percent (5%) the Offeror's business and indicate an business and/or individual: ndicate the /C- • State the ,addresses and the names or whoily owned by Offeror: tYPe of business of all firms that are partially Page 3 of S � Ft. ! An f �:rrcha�Mrr. 0 cntracls Diviai., 18. State the name of Surety Compan and address of agent: Y which will be Providing the bond, and name U ? 19. Sank References: 7 0 Bank Te1e Address h d lC /Wc•/ f one r -r-G cuter r . Cam,5 L/ 7 1 20. / Attach a financial statement includir" Ccucc ````i'L -� statement showing the following items: Offeror's latest bal nce sheet aril income a) Current Assets (e.g., cash, joint venture accounts accounts receivable, accrued income, deposits, materials, real estate stocks and bonds, equipment, furniture and fixtures � receivable, notes b) Net Fixed Assets inventory and prepaid expenses): c) Other Assets d) Current Liabilities (e provision g ex enses p , accounts payable, notes p on for income taxes, advances, ayable, accrued estate encumbrances and accrued payroll taxes). accrued salaries, real e) Other Liabilities e. capital, capital stock, authori shares par values, earned surplus, p , and retained earn ngs) and outstanding 21. State the name of the firm preparing the financial � statement and date thereof: 22, Is this financial statement for the identical organization named on a YES NO page one? 23• if not, explain the relationship and financialresponsibility of the organization whose financial statement is provided e. _._....___ ( 9•, parent -subsidiary), 4`?5 t Page -; of Offernr`s qualiF, , a,rn! Sr r . _` Cit,,'-f -r,,,, r�C �'�= burr/r35ing � The Offeror acknowledges and under on to this Qualification Statement shall Beane s that the information and such information is warranted relied upon b contained ; or misstatement that materially affects the Y owner m awarding n response contract shall cause by Offeror to be true The g the the owner to reject a Offe oo s disc of an contract and contract s atI1-1ca award and/or contract, qualifications to y omission proposal, and if after thPerform under the ,% award, to cancel Signature ACKNOWLEDGEMENT State of OFFEROR'S QUALIFICATION STATEMENT /c y , �;� T County of On this the day of the undersignedyam' 2g Notary public of the State of Florida, , before me, personally appeared (Name(s) of individua/(s) who whose appeared before notary) and acknowledge that name(s) is/are Subscribed to he/she/the within the instrument, an y executed it.,,, . _._ d he/she/they WITNESS my hand and official seal. NOTARY PUBLIC NOTARY P LICE ,STATE OF FLORIDA SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or TYpe as CommiZA ssioned) mmissioned) Ai VA YCoMM%oAM! r�P �'�� El Personally known to a�"xA s�,'r Q"('roduced identification: (Type of Identification Produced)C J � Q DID take an oath, or ❑ DID NOT take an oath SIC d CantraCts Division State of � ;�,; NON -COLLUSIVE AFFIDAVIT ' y'� County of VJ -r )ss. r71Y i (L deposesand says the • CZshe � being first duly sworn, 1. is the Representative or Agent of c� that has submitted the attached proposal; �4 G.� (Owner, Partner, Officer, the Offeror 2• He/she is fully informed respecting the Preparation and contents of the attached roposal and of all pertinent circumstances respecting 3• Such Proposal is such Proposal; P genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor an P sal; representatives, employees or Y °f its officers, Way colluded Partners, owners, agents, parties in interest, including this afhant, have in an conspired, connived or agreed, directly or indirect) Offeror, firm, or person to submit a collusive or y the Work for which the attached Proposal has Y' with any other sham Proposal in connection with bidding in connection with such been submitted; or to refrain f sought by agreement or coilusionrkoorcodimm an from Offeror, firm Y manner, directly or indirectly,, or Person to fix the price or prices n� they attached propose other Offeror, or to fix an with any or the Poo y overhead, profit, or cost elements of the Proposal f any Posal Price of any other Offeror, or to secure through conspiracy, connivance, or unlawful agreement an aPrice or any person interested in the proposed Work any collusion, Y advantage against (Recipient), $, The price or prices quoted in the attached Proposal are fair and tainted by any collusion, conspires roper and are not Part of the Offeror or an Y, connivance P y other of its agents, representatives, own�rs or parties in interest, including this affiantagreement °n the . Si 1-1� employees sealed and delivered in the presence of. ess �;'4 641% Y e Prited Name Title ACKNOWLEDGMENT State of Florida NONCOLLUSIVE AFFII)AVIT County of.,,,° On this the -Z day of of the State of D L"-L . Florida, personally apAea� d ' before me, the undersigned Notary Pub►in (Name(s) of individuals) who aPpeared before notary) and whose name(s) is/are Subscribed to within the instrument acknowledge that he/she/the , and ha/she/they y executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: WAR r ix�" av e coMM� r�oFR-Mft MOM ''�` "o)1M►ssroN NO DB1S NOTARY Vk/� LIC, STATE OF FLORIDA / of No ary P (Name ublic. Prit, Stamp, or Type as Con .mmissioned) ❑ Personally known to me, or ,'roduced identification: Cl DID take (Type of Identification Produced J� an oath, or ❑ plp NOT take an oath vtNooR DRUG -FREE WORKPLAce Preference may be given to vendors su certifying they have a drug -free bmittir. Statutes This requirement affects all 9 a certification with g-free workplace in accordance with Secti theirbid/propos Januaryon co al 1, 1991. The special condition Public as follows: of the State and beco es Florida IDENTICAL TIE me$ effective workplace 'SIDS - Preference May be programs. Whenever two or more bidsgthat are iven to businesses quality, and service are received with drug -free qualitProcuy, and of commodities or contactual services, or by an equal with respect to certifies that f has implemented a dr - r political subdivision price, preference in the award recess, es a bid received from for the followed if none of the tied vendors ug free workplace a business that Established Program shall be a drug -free procedures for Processing given g workplace Program, a business drug -free workplace program. InlO olds will be I. all. order t° have Publish a statement distribution, statement notifying employees that the Prohibited in the dispensing, and Possession, or use of a unlawful manufacture, employees for violations of such Prpohibition Controlled substance is specifying the actions that will be taken against z• Inform 9 t employees about the dangers o f drug business's polio of g abuse in the counseling, y maintaining a drug-freeworkplace, the. that may 9,' rehabilitation, and employee assistance workplace, an Y be imposed upon employees for drug program', and the Penalties drug 3. g abuse violations. Penalties Give each employee engaged services that are under bid gd .I providing copy of the statement specified atl1es 4' In the statements subsection pacified in subsection subsection (1). condition of working on the commodities or co bid, the employee r c notify the employees that, as r employer p Yee Well abide b contractual services P yer of any conviction byof, the terms of the statement and that are under violation r chapter $y3 conviction of an plea of will notify the any state, for guilty e nob canUnit ere to y controlled substance law of the United States any after each conviction, occurring in the workplace no later that five or 5• (�) days Impose a section on assistance or rehabilitation quire the satisfactory community,Program if such Is Participation in a drug abuse by any employee who is so convicted, available in the employee's 6. Make a implem good faith. effort to continue to entation of this section. continue the maintain a drug -free certlemen this form complies fully with t workplace through Person authorized to sign the statement, I ,• he above requirements. r4L orizea S+gnature Compan N e rP Y ame Ptim- ` •�'� as�n9 � Contr�cls Qlvtywr Please list REFERENCES during government agencies and/or private g the last five years: firms with whom You have done business Your Corn pay Name 7 Address City State Zip Phone/Fax I "L', agency/Firm Name: 17 sU Address City State Zip Phone/Fax Contact Name �� c;_ Agency/Firm c` Name:. �7 A ddress C y State Zip f Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Ph -,c e/FaX Contact Name ��4/ i. _74 _3 Agency/Firm Name: Address /r City State zl Phone/Fax _ Contact Name S � yr� .� 'L { C: Agency/Firm Name: I ff f-`J c,. /�� -- r�., Address q City S Late zip<`- ph°ne/FaX �(i r y yi r, ,. Cf �� c Contact t k-C Name yy � '-.2�ry-7 'l �tryr�� DMA LIST OF SUBCONTRACTORS The Bidder shall list below the names will perform Work under this Bid in excess d business address of e Total Bid Price and shall also list the of or Of one each subcontractor Cca subcontractor. After the percent of the ctvr who except oPenin Portion of the Work that Contractor's pt as otherwise provided bq °f bids, no chap will be don each item of Work to be Y law. The listing des or substitutions a by such to comply performed with the 9 °f more than will be allowed P y with this requirement will render the Bid n _ one subcontractor for rejection. words "and/or" will not be on responsive and may cause Subcontractor may cause its Name/Address % Total Contract s < w 7�1'i.• ter•, �- r ij �.. -71 L 7:. Contractor License No. 4G•^� Work to Be Performed ,. t�i is `.�• , STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEEF32399-0783 GREEN ACRES LN SERVICE INC 2130 NE 15TH TERRACE WILTON MANORS FL 33305 STATE DF FLOMDA ACC 0 9 9 0 71 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION QB22269 07/31/03"030064145 QUALIFIED BUSINESS`ORGANIZATION GREEN ACRES'LN SERVICE INC (NOT A LICENSE TO. 'PERFORM WORK. ALLOWS COMPANY TO DO BUSINESS II IT HAS A LICENSED QUALIFIER.) iS QUALIFIED u"ear the provisions of M.409 9: sapiration data, AVG 31, 2005 U3073102193 DETACH HERE A00 Q 9 9 O 7 6 2 STATE OF FLORIDA DEPARTMENT.OF BUSINESS AM PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L0307310219 BATE I BATCH NUMBER 7/31/20031030064149 1OB22269 The BUSINESS ORGANIZATION Named below IS QUALIFIED Under the provisions of Chapterb4.89 FS. Expiration date: AUG 31, 2005 „. (THIS IS NOT A LICENSE TO PERib ".WORK. THIS -ALLOWS COMPANY TO DO BUSINESS ONLY IF.:ITHAS:. A QUALIFIER. ) GREEN ACRES LN SERVICE INC 2130 NE 15TH TERRACE WILTON MANORS FL 33305 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAEASSSEE FL 32399-0783 ERWIN, PATRICK JOSEPH GREEN ACRES LAWN SERVICE INC 2130 NE 15TH TERRACE WILTON MANORS FL 33305 DETACH HERE (850) 487-1395 STATE OF FLORIDA AC# 0 5 35 6 EPARTMWAT OF BUSINESS AND PROFESSIONAL.' REGULATION CGC1504609 08/16/02..0111.135! CRRTIFIED GE417.AL C 0X'1'R.AC"IOR IRNIN, PATRIClC JOSSPH MERU ACRES LAWN:.SERVICS INC IS CZRT1713Dunder the provision of Ch.489 srFiratioAdntwAVG 31, 2004, ssc #LO20e16c .AGf0 5 3 5 6 6 5 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SE(Lozosl6oc - _ . u . T,TCgNSg "iz The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2004 ERWIN, PATRICK JOSEPH GREEN ACRES LAWN SERVICE INC 2130 NE 1STH TERRACE WILTON MANORS FL 33305 Cry of Yalnatac FORM PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, as Principal, hereinafter called CONTRACTOR, and as Surety, are bound to the City of 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 , 20 , 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: 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 cf 3 rnVFRAr:0C THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGBREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY FFECTIVE POLICY EXPIRAMIDt11yy1--- DATE TION LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE iJ OCCUR EACH OCCURRENCE S ,S Must Include General Liability FIRE DAMAGE (Any one fin S MED EXP (An one Person) S PERSONAL AADVINJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: Polity ; project F7 ioc PRODUCTS - COMPIOP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS sCHEOULEDAUTOS rI�HIRED AUTOS NON -OWNED AUTOS SAMPLE CERTIFICATE GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT OTHER THAN _EA ACC AUTO ONLY! AGG S S EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENCE $ AGGREGATE y ' S I S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER SAU+ E.L. EACH ACCIDENT Is E.L. DISEASE - EA EMPLOYEE. $ E.L. DISEASE • POLICY LIMIT I S Certificate must contain wording similar to what appears below DE 0=gN F gFZRAXIONSILOCATJ "THE CERTIFICATE HOLDER IS NAMED AS ADDITIONALLY INSURED WITH REGARD TO GENERAL LIABILITY" CERTIFICATE HOLULK I I ADDITIONAL INSURED; INSURER LETTER: t MIVL CLLM I $VIM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Tamarac IL 30 DAYS WRITTEN 7525 NW 88th Avenue City Must Be Named as Certificate Holder 1:L"' Tamarac FL 33321 AUTHORIZED REPRESENTATIVE N1c-1rAi (DACORD CORPORATION 1988 �. �. �V � c� � �r n !,{i � -„� ACORD,. CERTIFICATE OF LMABILII PRODUCER Coverall Concept Group a Member of The Mack Group, In 1900 NW Corporate Blvd., Suite Boca Raton FL 33431 Phone:561-998-1570 Fax:561-998-2447 INSURED Greenacres Lawn Service, Inc. 2130 N.E. 15 Terr. Ft. Lauderdale FL 33305 Y INSURANCE OP ID L °ATE (MMIDDrrrrr) GREEN-6 06 30 04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: Maryland CaSualt _�__ INSURERS: Bridgelteid Insurance Cwapany __• INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE I SURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED H)_REIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID (CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER ppTE MMID N E DATE MMIDO/YYTRSRADDIT— LIMITS GENERAL LIA81LI7Y', EACH OCCURRENCE $ 1, 000, 000 A j[ COMMERCIAL GENERAL LIABILITY SCP 33504344 08/05/03 08/05/04 PREMISES (Ea oceurence) $ 300, 000 CLAIMS MADE [i] OCCUR MED EXP (Any one person) $ 10 , 0 0 0 X 2000000 UMBRELLA PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2, 0 0 0, 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 0 0 0 , 0 0 0 POLICY E PRO-JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO I ALL OWNED AUTOS BODILY INJURY $ _ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE $ — — (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: pGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE _ $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS I I ER B EMPLOYERS' LIABILITY 196-03681 05/22/04 05/22/05 E.L. EACH ACCIDENT $ 100000 ANY PROPRIETOFVPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 10 0 0 0 0 _ If yes, describe under E.L. DISEASE -POLICY LIMIT $ 5 O O O 0 0 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDOD BY ENDORSEMENT I SPECIAL PROVISIONS CITY OF TAMARAC AND BROWARD COUNTY-BR6WARD COUNTY BOARD OF COUNTY COMMISSIONERS ARE NAMED AS ADDITIONAL INSURED WITH REGARDS TO GENERAL LIABILITY - RE: PROSPECT ROAD LANDSCAPING IMPROVEMENTS/RE-BID CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION TAMARAC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF TAMARAC NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PURCHASING DEPARTMENT IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 7525 NW 88TH AVE. TAMARAC FL 3 3 3 21- 6 2 0 0 REPRESENTATIVES. iAUTHORIZED REPRESENTATIVE � a JeffreyL. Caminiti "^ pRD C ORATION 1988 ACORD 25 (2001l08) of Tamarac CORPORATE ACKNOWLEDGEMENT and Contracts Division STATE OF FLORIDA S COUNTY OF I HEREBY CERTIFY that 00 this day, before me, an o�� my autho� dmed in Me State aforesaid and in the County aforesaid to take aduwwled9 , P Patrick J. Erwin, President of Green AcresService, nclo�ndafo 9�� o�rument known to be the person(s) described sand lb�d � executed Me ecuted ��. and acknowledged before me that WITNESS my hand and official segl this T� day of .... — 1 2004. C) N" 7 Signature of Notary Fuo11c T, State of Florida at Large Print, Type or Stamp Name of Notary Public ersonaliy known to me or Produced identification of I.D. Produced DID take an oath, or DID NOT take an oath of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the pare have made and executed this Agreement on the respective dates under each nature. City of Tamarac, signing by and through ita Mayor and City Manager, and Gran Ace Ln Service, Inc., signing by and through its PresideM duly authorized to exeaute same. ATTEST: Marion Swenson, CIVIC City Cleric D ATTEST: 1 Christina L. Erwin TypoWnt Name of Corponite (CORPORATE SEAL) City OF TAMA C Jde reiber, Mayor i ate t <, 17r.G�...�... Jeffre4L.11-e—r. ity Manager zo Date Patrick J. Erwin TypWdnt Name of President Date City of Tamarac u) Termination This Agreement may be terr convenience, upon seven (7) days for such termination in Which eve services performed to terminati termination. In the event that the ( terminated, Contractor shall inden Default by Contractor: In a Agreement shall be subject to carn to perform or observe any of the contained, if such neglect or faits receipt by Contractor of written nc and Contracts Division aced by City or Contractorfor cause Orto t� other party #0 City for Ron notice by the terminating party the Contractor shall be paid its compensation for date, including services reasonably related to tractor abandons this Agreement or causes it to be y the city against loss pertaining to this termination. bon to all other remedies available to the City, this ation by the City should the Contractor neglect or fail me, provisions, conditions, of fr requirements �alter herein shall continue for a period of such neglect or failure. 15) Agreant Subject to Funding g This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement hav been appropriated by the City Commission of the City of Tamarac in the annual budget each fiscal year of this Agreement. and is subject to termination based on lack of fundiing. 16) venue This Agreement shalt be governed �� � of this agreement is fixed in s of #0 state of Florida as n�ov and nd hereafter in force. The venue for arising County, Florida. 17) Signatory Authority The Contractor shall pro*e the City with copies of requisite documentation evidencing that the signatory for contractor has the authority to enter into this Agreement. 18) Severabiilty; Waiver of Prov�slons idtion Any provision in this Agn�t ntthat is prohibited or urteni b� in any jurisd shall, as to such jurisdiction, ineffective to the extent of such prohibition or unent orceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. Then t 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 18) Merger; Amendment This Agreement constitule s the entire Agreement between the are Contractor City, and negotiations and oral nderstandings between the pa rties erged herein. This Agreement can be supple Tiented and/or amended only by a written document executed by both the Contractor and the City. and Contracts Division of Tamarac this Agreement. To the extent consenact necessary by Contract Administrator and County Attorney, any sums due Contracto under this Agreement may be retained by City and/or County until all of County's claims', for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City and/or County. 10) Non -Discrimination The Contractor agrees that It shall not discriminate against any of its employees or applicants for employment becauseof their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions In all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shell constitute a material breach of this Agreement. 11) IndeperWent Contractor Contractor is an Independent Contractor under this Agreement. Personal services provided by the Contractor shall !, be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employeebenefits, purchasing policies and other similar administrative procedures applicable services rendered under this Agrelement shall be those of the Contractor. 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the Co. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) 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, sent by registered United States mail, with return receipt requested, addriessed to the party for whom it is intended at the following addresses. City City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL. 33321 With a copy to City Attorney a the same address. Contractor Patrick Erwin, President Green Acres L.n Service, Inc; 2130 N.E. 1e Terrace Wilton Manors, FL 33305 of Tamarac and Contracts Division Not to Exceed Four Hundred Seve ty-Nine Thousand, Eight Hundred Seventeen Dollars Sixty -Nine S' -Nine Cents ($479,817.60). 6) Payments A monthly paymentlprogre$s payment will be made for work that is Completed, accepted and property invoiced. The City shall pay the Contractor for work performOd subject to the specifications of the job and subject to any additions and deductions by subsequent change order provide in the contract documents. T) Waiver of Liens Prior to 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. 8) Warranty Contractor warrants the work Completed against detect for a period of one (1) year tram the data of completion. In the event that defect occurs during this time, Contractor shall correct any and all- defects dither by repair, replacement or re -accomplishment as determined by City. In the event s ch defects, as determined by the City, are not property repaired, replaced or re-acxompiis�ed, the City shall perform such repairs, replacements or re -accomplishments at the Contractor's risk and cost. Contractor shad be responsible for any damages caused by defect to affected areas or interior of structures. 9) Indemniftation The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including atto 'fees) in connection with loss of life, bodily or personal injury, or property damage, inclu Ing loss of use thereof, directly or indirectly caused by, resulting from, arising out of or rring in connection with the operations of the 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 the 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 #w term of this Agreement, even though the claim may be made after the termination hereof. 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. Contractor shall at all times hereafter indemnify, hold harmless and, at the option of the County Attorney, defend or y for an attorney selected by the County Attorney to defend County, its officers, agar , servants, and employees against any and all claims, losses, liabilities, and expenditu of any kind, including attorney fees, court Costs and expenses, caused by negligent act or omission of Contractor, its employees, agents, servants, or officers, or accruing resulting from, or related to the subject matter of this Agreement including without limLion, any and all claims, demands, or causes of action of any nature whatsoever resulting I from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of Purchasing and Contracts Division it,, of Tamarac e All equipment must be stored in a safe manner when not in operation. The City shall not be responsi ble for damage to any equipment Or Pe rsonal injuries caused by tht Contractor's failure to safely store equipment. fl 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. g) Contractor shall corn ly with any and all Federal, State, and the terra of thr s regulations now in a or hereinafter enacted during Agreement, which a applicable to the Contractor, its employees, agents or subcontractors. if any, with respect to the work and services described herein. S) Insurance Contractor shall obtain atColntra�r's expense all necessary insurance in such farm s Risk and Safety Manager before beginning work and amount as required by the City' Workers' Compensation, Commercial under this Agreement including, b0t not limited to, City, indudIng Professional General Liability, and all other insurance as required by the Liability when appropriate. contractor shall maintain such insurance in full force and effect during the life of this Agreement Contractor shall provide to the C{ty's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Cbntrad+or will ensuret in subcontractors force throughout theptely m of with the above guidelines and will retain all necessary insurance this agreement. Contractor shall indemnify 'i and hold the City harmlees for any damages resulting from failure of the Contractor to, take out and maintain such Insurance. additionally CCOni ured- Liability Insurance policies shall Ibe endorsed to add the city Contractor shall be responsible ford payment of all deductibles and self-insurance retentions on Contractor's Liability Insuran� policies. Contractor shall indemnify and hold the County harmless for any damages resulting from failure of the Contractor to'n such insurance. COntractOr's , take out add Brroward County rld the Br�rd Liability Insurance policies shall be endors shall county Board of County Commissioners and self- as insurance retentions on Corntractorb's responsible for payment of all deductibles Liability Insurance policies. 4) Time of Commencement anO Substantial Completion The worts to be performed under this Agreement shall be commenced after fter the date that execution of the Agreement and not later than substantially�acaornpleted no later than � receives Notice to Proceed. The lwork shall 180 days from receipt of Notice to Proceed. 5) Contract Sum Thousand, The Contract Sum for thd above worts is Four Hundre 19hirty Six inducting a One Hundred Ninety Seven Dollar and Ninety Cents ($4 contingency of Forty -Three Thousand, Six Hundred Nineteen ons only if regDollars _ uired for a grandN#otai Cents ($43,619.79) to be used f�r unforeseen conditi of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE City OF TAMARAC AND GREEN ACRES LN SERVICE, INC. THIS AGREEMENT is mad and entered into this � day of 2004 by and between the City of Tamarac, a municipal corporation with ri�IGMOeSss located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the City") and Green Acres LN Service, Inc., a Florida corporation M I principal offices located at 2130 N.E. le TWWMC8, Wilton Manors, Florida 33305, (thej«Contractor') to provide landscaping improvements on Prospect Road from NW 28th Avenue to NW 24th.Avenue in a joint project agreementwith Broward County (the "County'). Now therefore, in consideration of lire mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, all docxrmen�ts Supplementary antained in d No. 04-20B, Prospect Road Landscaping Improvements (General, Supp� other. Conditions), drawings, specifications, all addenda issued prior to June 29, 2004, and the modifications issued after as fu�part on of f the Agreemenhis t. These contract documents form t as if attached to this Agreement the Agreement, a IY or repeated therein. 2) The Work The contractor shall pertorn i all work for the City required by the contract documents as specified in Bid 04-20B as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary for the installation of landscaping, irrigation, including pumps and controls, and brick pavers, site restoration and all other incidentals as indicated by the drawings and specifications or as required to property complete the project as planned. b) Contractor shall furnish all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Installation shall be by a licensed contractor and crew with at least three years of verifiable full- time experience with projects of similar nature or dollar cost. c) Contractor shall clean up and remove all debris and material created by the work each day, at the Contractor's expense. d) Contractor shall supervise the work force to ensure that all workers conduct themselves and p$rform 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 stall times have a competent field supervisor on thelob site to enforce policies and procedures at the Contractor's expense. SCHEDULE OF OPERATING EXPENSES FOR THE YEAR ENDED DECEMBER 31, 2003 GREEN ACRES LN,� SERVICE, INC. WILTON MANORS, FLORIDA Advertising Auto and Truck Expense Depreciation Equipment Lease Entertainment and Promotion Insurance Interest Licenses and Taxes Medical Reimbursement Expense Office Expense Outside Services Professional Development Professional Fees Salaries Rent Repairs and Maintenance Telephone Uniforms Utilities TOTAL OPERATING EXPENSES $ 90 7,837 14,383 1,350 149 28,370 709 1,279 2,573 5,392 630 151 4,811 7,000 750 5,543 5,410 447 5.000 $ 91,874, SEE ACCOUNTANTS' REPORT UM r 1AW • WMW 26 ACC0V'VATVQ r IF r' NOTES TO REVIE ED FINANCIAL STATEMENTS DE(EMBER 311, 2003 GREEN ACRES LN SERVICE, INC. WILTONMANORS, FLORIDA NOTE 2 — NOTE9. LOAN AND CAP t-FJ\SES PAYABLE - Continued The following are maturities of long-term debt for each of the next five years: 2005 $ 5,991 2006 5,991 2007 5,990 2008 - 2009 Thereafter 60.000 TOTAL t!OTE 3 — RMNUE The Company is engaged in the landscaping maintenance business. Generally, contracts involving revenue in excess of $25,0010 and requiring a period in excess of three months for completion are identified as long-term) contracts and are accounted for on the percentage of completion method. At the time a loss on a contract becomes known, the entire amount of estimated ultimate loss is accrued. There were no accrued losses at December 31, 2003. Profits on short-term contracts are generally recorded upon completion of the work. The revenue and billing status of contracts in progress is as follows: Cost to Date Estimated Earnings Thereon ESTIMATED REVENUE TO DATE Billings to Date NET CONTRACT BILLINGS IN EXCESS OF REVENUE Contract Revenue in Excess of Billings Contract Billings in Excess of Revenue NET CONTRACT BILLINGS IN EXCESS OF REVENUE $ 23,732 10.3 $ 34,046 36.9 (2.889% NOTE 4 — RISKS AND UNCERTAINTIES The Company's operations results may periodically be affected by the weather. W01L4M A. WEBB & A.SSOC AM.1LC NOTES TO REVIEWED FINANCIAL STATEMENTS DECEMBER 31, 2003 GREEN ACRES 4N SERVICE, INC. WILTON MANORS, FLORIDA NO E 1 - SUMMARY OF SIGNIFICANI—Al2COUNTING AND TAX POLICIE Fixed Ass All fixed assets are recorded at acquisition costs and adjusted annually for depreciation. The Company uses a life and rate to calculate depreciation, which will provide for the retirement of equipment at the end of their estimated useful lives using the straight-line and modified accelerated cast recovery methods. Expenditures for routine maintenance and repairs are charged to expense when incurred and the cost of additions and betterments are capitalized. The useful lives of fixed assets for purposes of computing depreciation are: Automotive Equipment 5 Years Office Equipment 5 -- 7 Years Roofing Equipment 5 Years QQncen1Mfion of Credit sk The Company maintains cash balances at various high -quality financial institutions. Accounts at each institution are insured by the Federal Deposit Insurance Corporation up to $100,000. In the normal course of business, the Company may have deposits that exceed the insured limits. Pr vision & Income T es On November 11, 1997, the Corporation elected to be taxed under Section 1362(a) of the Intemal Revenue Code. This "Subchapter S" election generally allows net income or losses to flow directly to the shareholders for income tax purposes. NOTE 2 - NOTES, LOANS _, PAYABLE Installment Note Payable; Secured by Equipment with a Book Value of $24,582; Payable in Monthly Installments of $624, Including Interest at 7.33%; Maturing May 2004. $ 3,061 Installment Note Payable; Secured by Equipment with a Book Value of $22.293; Payable in Monthly Installments of $499, Including Interest at 0.00%; Maturing Dec. 2007. 23,963 Unsecured Loans Payable to the Stockholders. 6_ 0p00 Less: Current Portion $ 87,024 (9,052) LONG-TERM DEBT W UJAM A WEBB & ASSOCL ES. IWC NOTES TO REVIEWED FINANCIAL STAT EMENTS DECEMBER 31, 2003 GREEN ACRES LN SERVICE, INC. WILTON MANORS, FLORIDA NOTE 1 - SUMMARY OF SIGNIFI ANT ACCOUNTING AND TAX POLICIES Company's Activities anti Ogeroting Cycle Green Acres Ln Service, Iinc., formed on November 11, 1997, is engaged in a single industry which includes the installation and maintenance of landscape systems for commercial buildings in the South Florida area. The work is generally performed under fixed -price contracts. The length of the Company's contracts varies but is typically less than a year. Revenue and Cost_Recognition', Revenues from fixed-prict3 contracts are recognized on the percentage -of -completion method, measured by the percentage of total cost incurred to date to estimated total cost for each contract. This method is used because management considers total expended cost to be the best available measure of progress on these contracts. Contract costs include all direct material and labor costs and those indirect costs related to contract performance, such as indirect labor, supplies, tools, repairs, and depreciation costs. Selling, general, and administraltive costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions, and estimated profitability, including those arising from contract penalty provisions, and final contract settlements may result in revisions to costs and income! and are recognized in the period in which the revisions are determined. An amount equal to contract costs attributable to claims is included in revenues when realization is probable and the amount can be reliably estimated. The asset, "Contract Revenue in Excess of Billings," represents revenues recognized in excess of amounts billed. The l liability, "Billings in Excess of Revenue", represents billings in excess of revenues recognized. AgMUDMa Estimates Management uses estimates and assumptions in preparing these financial statements in accordance with generally accepted accounting principles. Those estimates and assumptions affect the reported amounts of lassets and liabilities, the disclosure of contingent assets and liabilities, and the reported revenues and expenses. Actual results could vary from the estimates. 6muntino Methods The Company utilizes the cash basis method of accounting for income tax purposes and the percentage of completion method of accounting for financial statement purposes. Accounting, Principles For purposes of the Statements of Cash Flows, the Company considers all highly liquid debt Instruments purchased with a maturity of three months or less to be cash equivalents. 6ftrUsina Advertising costs are expensed as incurred. Accounts Receivable Accounts Receivable are evaluated by management for collectibility and no allowance for doubtful accounts is deemed necessary. Accounts Receivable of $112,897 includes retainages receivable of $3,694 on long-term contracts in process as of December 31. 2003. A IT STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2003 GREEN ACRES LN SERVICE, INC. WILTON MANORS, FLORIDA INCREASE DECREASE IN CASH AND CASH EQUIVALENTS CASH FLOWS FROM OPERATING ACTIVITIES: - Net Income $ 19,045 Adjustments to Reconcile Net Income to Net Cash Provided by Operating Activities: Depreciation $ 14,383 Change in Assets and Liabilities: Accounts Receivable (104,067) Deposits 15 Accounts Payable 61,771 Accrued Expenses 2,398 Contract Billings in Excess of Revenue 2,889 1 i NET ADJUSTMENTS (22,611) NET CASH PROVIDED BY OPERATING ACTIVITIES 1 $ (3,566) CASH FLOWS USEQ IL4 IWESTING ACTIVITIES: Acquisition of Fixed Assets (31,379) CASH FLOWS PROVIDED BY FINANCING ACTIVITIES: Repayment of Notes Payable $ (14,633) Proceeds from Notes Payable 29,953 Loans Payable 60,000 Additional -Paid -In Capital 50,000 Distributions (3,216) NET CASH PROVIDED BY FINANCING ACTIVITIES 122,104 NET INCREASE IN CASH AND CASH EQUIVALENTS $ 87,159 CASH AND CASH EQUIVALENTS - Beginning of Year 5,395 CASH AND CA H EC! IV ENTS - End of Year $ 92,554 SUPPLEMENTAL DISCLOSURES OF CASH FLOWS INFORMATION: CASH PAID DURING PERIOD FOR: Interest $ 709 SCHEDULE OF N NCASH INVESTING ACTIVITIES AND FINANCING ACTIVITIES Fixed Assets Acquired $ 31,379 Fixed Asset Loans CASH PAID FOR FIXED ASSETS $ 31,379 SEE ACCOMPANYING NOTES AND ACCOUNTANTS' REVIEW REPORT UM 1 TAW • QMMU 96 &Corr A*M& ■ r e STATEMENT OF INCOME AND RETAINED EARNINGS FOR THE YE ENDED DECEMBER 31, 2003 GREEN ACRES LN SERVICE, INC. WILTON MANORS, FLORIDA Note 1 and 3 REVENUEc ) $ 524,892 t COST OF SALES Purchases $ 252,294 Licenses and Permits 293 Direct Labor 69,463 Equipment Rental 5,550 Payroll Taxes 8,134 Subcontract Costs 78,457 TOTAL COST OF SALES 414,191 GROSS PROFIT $ 110,701 QPgMDNG EXPgNSES 91,874 OPERATING INCOME $ 18,827 QTHERINCOME Interest Income 218 NET INCOME $ 19,045 RETAINED EARNINGS - Beginning of Year 43,839 Less: Distributions (3,216 RETAINED EARNINGS - End of Year $ 59,668 SEE ACCOMPANYING NOTES AND ACCOUNTANTS' REVIEW REPORT WQILAM A. WE= & ASSOQAIW. !(LC BALANCE SHEET DECEMBER 31, 2003 GREEN ACRES LN SERVICE, INC. WILTON MANORS, FLORIDA LIABILITIES AND ST CKHOLDERS' EQUITY RRENT L1691LITIES Accounts Payable $ 64,542 Payroll Taxes Payable 2,112 Billing In Excess of Revenue (Note 3) 2,889 Notes Payable - Current (Note 2) 9,052 TOTAL CURRENT LIABILITIES LONG-TERM LIABILITIES (Note 2) Notes Payable $ 27,024 Loans Payable - Stockholders 60,000 Less,: Current Portion _ft0� ) TOTAL LONG-TERM LIABILITIES TOTAL LIABILITIES STOCKHOLDERS' EQUITY Common Stock, Par Value $1 Per Share, 100 Shares Authorized, Issued and Outstanding $ 100 Additional Paid -In Capital 50,000 Retained Earnings - Beginning 59,668 TOTAL STOCKHOLDERS' EQUITY TOTAL LIABILITIES & STOCKHOLDERS' EQUITY SEE ACCOMPANYING NOTES AND ACCOUNTANTS' REVIEW REPORT $ 78,595 77,972 $ 156,567 109,768 $ 266.335 Wd l 1AM A. UMM X ACgirW fATF Q I I Ir BALANCE SHEET DECEMBER 31, 2003 GREEN ACRES LN SERVICE, INC. WILTON MANORS, FLORIDA ASSETS URR NT A SET Cash on Hand and in Banks Accounts Receivable (Note 1) TOTAL CURRENT ASSETS Fj,XED A ET N to 1 Automotive Equipment Machinery and Equipment Subtotal Less: Accumulated Depreciation NET FIXED ASSETS OTHER ASSETS Deposits TOTAL ASSETS $ 92,554 112,897 $ 89,317 41,916 $ 131,233 70,953 $ 205,450 60,280 605 $ 266.335 SEE ACCOMPANYING NOTES AND ACCOUNTANTS' REVIEW REPORT WKJJAM A. WEBB & ASSOCMnS, I LC WW,1AM A. VJM & ASSOCIATES. LLC CERT111EA PU13UC ACCOUNTANTS WLLJAM A WEBB, C.P.A. PRANK N. P1717t1NAR0, C.PA. LAWRENCE M. DRI, C.P.A. MARTIN C. KIDWELL, CRA. JACK F. CRLSSY, C.P.A. February 23, 2004 The Board of Directors Green Acres Ln Service, Inc. Wilton Manors, Florida 404 EAST ATLANTIC BOULEVARD POMPANO BEACH, FLORIDA 33060 (954) 782-5250 FAX (954) 943-1650 http://www.webbcpa.wm We have reviewed the accompanying Balance Sheet of Green Acres Ln Service, Inc., (an S Corporation) as of December 31, 2003, and the related Statements of Income and Retained Earnings, and Cash Flows for the year then ended, in accordance with Statements on Standards for Accounting and Review services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of Green Acres Ln Service, Inc. A review consists principally of inquiries of Company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of whijch is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. . Our review was made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted accounting principles. The information included in the accompanying Schedule of Operating Expenses for the year ended December 31, 2003, Schedule of Jobs in Process as of December 31, 2003, and Schedule of Completed Jobs for the year ended December 31, 2003 is presented only for supplementary analysis purposes. Such information has been subjected to the inquiry and analytical procedures applied in the review of the basic financial statements and we are not aware of any material modifications that should be made thereto. Respectfully, � �z Z/ ?:: rw wx: ve- WILLIAM A. WEBB & ASSOCIATES, LLC Certified Public Accountants 2130 N.E. 15'Terrace Ft. Lauderdale, Florida 33305 Patrick J. Erwin E>apsriettce 1979- Present Green Acres Ln Service, Inc. Ft. Lauderdale, Florida OwnwK wabor4"Oldent • 25 years of applied experience in all landscape related fields. • Extensive horticulture background. • Licensed General Contractor • Licensed to design and install all types of irrigation systems • Licensed to perform engineering work in public right of ways. • Licensed underground contractor/jack & bore installer. • Licensed water well contractor Education 1976-1979 Broward Community College Ft. Lauderdale, Florida • Associate of Arts degree. • Numerous post -graduate landscape courses Odd Have attended 5 of Dr. Ed Gellman seminars State class in restricted pesticide use Toro irrigation and hydraulic design school Member of Florida Irrigation Society GREEN ACRES "Building Better Environments" MAJOR PROJECTS/ REFERENCES Cont. CM OF FT. LAUDERDALE East Las Olas Landscape Restoration Contract Amount 150,330.75 July 1999 to September 1999 100% costs done by own forces Contact Person: Jack Mellen/Engineering Inspector 100 North Andrews Avenue, 5' Floor Ft. Lauderdale, Florida 33301 954-761-5772 Architect: Mike Faye CITY OF NORTH LAUDERDALE State Road 7 - Median Irrigation Contract Amount: $85,990.00 March 1999 to September 1999 80% costs done by own forces Contact Person: Joe Santi/ Superintendent of Utilities 701 S.W. 71" Avenue North Lauderdale, Florida 33068 954-724-7070 Architect: Mike Perkins CITY OF HOLLYWOOD Gateways of Hollywood Project Original Contract Amount: $252,992.42 Change Orders: 28,797.00 Total Contract Amount $281,779.42 Junel998 to December 1998 82 % costs done by own forces Contact Person: Joe Cangialosi 1600 S. Park Road Hollywood, Florida 33021 954-967-4526 Architect: City 2130 NEI51° Terrace Wilton Manors. Florida 33305 954-563-3379 • Fax 954-563-3883 GREEN ACRES "Building Better Environments" MAJOR PROJECTS/ REFERENCES Cont. CITY OF FT. LAUDERDALE Plane Parade Tree Removal Contract Amount: $ 23,315.55 November 2001 95% costs done by own forces Contact Person: Gene Dempsey/ City Forester 100 North Andrews Avenue, 50 Floor Ft. Lauderdale, e, Florida 33301 954-761-5772 Architect: Mike Faye CITY OF MARGATE Royal Palm Boulevard Irrigation Contract Amount: $79,946.00 July 2000 to October 2000 100% costs done by own forces Contact Person: Robert Dorband/Parks Supervisor 5790 Margate Boulevard Margate, Florida 33063 954-972-4996 Architect: City CITY OF HOLLYWOOD Right of Way Beautification Contract Amount: $37, 486.00 January 2000 to March 2000 85% of costs done by own forces Contact Person: Joe Cangialosi/Forestry and Landscape Project Manager 2717 Van Buren Street Hollywood, Florida 33022 954-921-3900 Architect: City 2130 NE 15°i Terrace WiRon Manors. Florida 33305 954-563-3379 + Fax 954-563-3883 GREEN ACRES "Building Better Environments" MAJOR PROJECTS/ REFERENCES cont. CITY OF NORTH LAUDERDALE Southgate Boulevard Irrigation Project Contract Amount: $ 38,215.00 July 2002 to August 2002 100% costs done by own forces Contact Person: Joseph P. Santi/ Superintendent of Utilities 701 S.W. 71" Avenue North Lauderdale, Florida 33068 954-724-7070 Architect: City CITY OF FT. LAUDERDALE Plane Parade Landscape Contract Amount: $ 49,840.25 May 2002 to June 2002 100% costs done by own forces Contact Person: Ralph "Wendy" Watts/Engineering Inspector 11 100 North Andrews Avenue, 5 h Floor Ft. Lauderdale, Florida 33301 954-610-7372 Architect: Mike Faye CITY OF TAMARAC Hiatus Road Irrigation Conversion Contract Amount: $ 48,342.00 February 2002 to May 2002 43% costs done by own forces Contact Person: Jean Dupuis/Public Works Project Manager 6011 Nob Hill Road Tamarac, Florida 33321 954-724-1357 Architect: City 2130 NE 151" Terrace Wilton Manors, Florida 33305 954-563-3379 • Fax 954-563.3883 GREEN ACRES "Building Better Environments" MAJOR PROJECTS/ REFERENCES CITY OF SUNRISE University Drive Streetscape Project Contract Amount: $ 201,868.49 December 2003 to April 2004 75% of costs done by own forces Contact Person: Pedro Chaviano 4747 Nob Hill Road Suite 10 Sunrise, FL 33351 954-572-2489 Architect: Glatting Jackson CITY OF SUNRISE Neigborhood Participation Project Contract Amount plus change orders: May 2003 to April 2004 60% of costs done by own forces Contact Person: Pedro Chaviano 4747 Nob Hill Road Suite 10 Sunrise, FL 33351 954-572-2489 Architect: Glatting Jackson $ 486,053.59 FLORIDA CONSTRUCTION COMPANY Lake Trinity Estates Trinity Broadcasting Company Contract Amount: $ 136,541.50 July 2002 to January 2003 100% of costs done by own forces Contact Person: Mike Scott/Project Manager 2351 N. Dixie Highway Pompano Beach, FL 33060 954-943-6810 Architect: Michael D. Conner 2130 NE 15'" Terrace Wilton Manors, Florida 33305 954-563-3379 • Fax 954-563-3883 ♦1 V 11 • L U 1. V V T I V- V V ,tiff ACORD CERTIFICATE OF LIABILITY INSURANCE OPID (I "`^IC(MM0DIrYYY) GREM-6 06 22 04 PRODUCER THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION Coverall Concept Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE a Member of Ths Mack Group, in 1900 -NW Corporate Blvd., suite HOLDER. THIS CERnFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGEAPRORDED BY THE POLICIES BELOW. Hats. Raton LPL 33431 Fhonat561-998-1570 Fax-.561-998-2447 INSURERS AFFORDING COVERAGE NAIC8 INSURED N$URERA: Maryland CasuaIlt NSURER 9: artAter3u• swraue� INSURERC: Gree>alaares Lawn Service, Inc. INSURER0: 2130 N.E. 15 Terr. rt. Lauderdale FL 33305 NSclsiER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE REW4 ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFJ%IOO INDICATED. NOTWMISTANONIG ANY REWREMEIYT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VMtCW THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AoIMMED SY THE PoUCIBa oast Rew MEREN IS Suanger TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAIO CLAN& LTR NSR TYPE OF INSURANCE POLICY NUMBER DAT M DATG LIMITS GENERAL LJMLr[Y EACW OCCURRETICE 51,000,000 A X COMMEICIALGEN6R1LLIAIKI Y CLAMS MADE l':] OCCUR SCP 33504343 08/05/03 08/05/04 S300,000 MED EkP (Any See OW4.) $10 , 0 0 0 K 3000000 tw=LrA PERSONAL AA1OVINJURV S1,000 000 GENERALAOG REQATE s2,000,000 GFNIAGGREGATE LW AFPLIEB PER' PRODUCTS • COMPA)P AGO $2 , 0 0 0 , 0 0 0 POLICY 7 ' LOC I 1 AUTOYOrRA LIASILT/ ANYAUTO I COMBINED SINGLE LIMT (Es noel. I s BODILY MMRY (P& PR►M+1 S ALL OWNED AUTOS SCKOULED AUTOS SOOILYNMY (ft 9ow" s WIREOAUTOS M044DVAW AUTOS I adddNrq) s GARAGE LIASAM AUTO ONLY • EA ACCI W S OTHER THAN EA ACC s ANY AUTO S AUTO ONLY; AGO EXeESSNAIBRlLLA LIABRATY EACH OCCURRENCE s OCCUR CLAIMS MADE AGGREGATE S s s DEoucnKs RETENTION • a s B WORKERS COMKM"TION AND �p LIAMIETDRIPM�TNERIEXEOUTNG OFFICERMEMSER E><CLUCCOT My�dMprypAunAV SPEpAL PROVISIONS bekw 196-03681 05,/22/04 05/22/05 of TOIIY LIMITS E.L.EACNACCIDENr S 100000 E.L. DISEASE -11A QVLOVEQ s 10 0 0 0 0 E.L. DISEASE - POLK:r LIAIT 13 50 00 0 0 OTHER i DESCWPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDSD BY BNppRSEMENT I SPECIAL PROVISIONS Llaudsoape Gardening CITyAMA SHOULD ANY OF THQ ABOVE DESCRIBED ►OLICKs BE CANCELLED SEPDRE THS KIMPATIOI OAT! THEREOF. TWC ISSWIRG INSURER WIM ENDEAVOR TO MML 10 DAYS WAMEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, BUT PAILUM: TO 00 SO SMALL 7.515 PV CITY NW TAIIL�lii 88th Avenue, Rm. 205 (MOOSE NO OBLIGATION OR LIABILITY OF ANY RING UPON IiU ITs AGENTS OR Tamarac FL 333i1 • REPREaENTATW" ` V Je fr L. Caupiniti / ACORD 25 (2D01108) 9ACORD CORPORATION 19B9 CERTIFICATE OF INSURANCE Val L N07 BE CANCELED OR 1 CE AS RESPECTS THEINTEREST TERE TW OFTH cER NOTICE IE HOWER FI A1E HOLDER NAMED BELOW, BUT IN O PANCIE fli 1� tHOU1T FICA 10 DAYS_ _ CER71F1Cp►TE p1tOYlED BY ANY 30 DAYS PROM THE 1DA11E OLLICY DESCWEUBELOW.1-TEN. Tlils CERTiRICATE O1F 1NSU NGE THEl IN6� d gloominpton, Iftwis, er ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Imnals ❑ STATE FARM FIRF AND CASUALTY COMPANY Of Bkmnington. has cova age in force for the fallowing Named Insured as shown Wow GREEN AC ES U► VN SERVICE - Named I sured Address 4 Named Insured FT LAUDERDALE. FL 33305 - — -- POLICY UMBER 6U 18MA111490 pp71916C21- MG 0v MM-EiG516 1'.f/ 9lilM�D1 p► E EC1'i DATE C 011 5J114 . UT11� I • �fpl QS110104 •1U1I104 0AM61D-10f16l04 PO CV 19q FOiiD F70D G r6NC SA11,1 ZOQB Q C 1i5MVtI.142269 SAYANA DESCR:F "ION OF 1FD*700NA415 AVALANCHE 3mcivuWaff y{H:1CsT111 'l ter. VEHICLE E8 NO YES NO YES NO L1A8 u i COV GE 9 NO —Ws t ' Luw ffv Mow-00 a. Be ly lqury Each 1.2MRA - ,000.00 I a ec IVnjuY lac! �wlda+e >�gp,000Act y�T pony DarnsOe a. Ex Ny Injury 8 prop dv Domepe ;1,00q,000.f90 i1 AOO,�,� s1,t100A�•00 Sing • Lin* E00 Acr* ant NO p—HWI(z. L GE s YES NO - S NO YES NO III 1�Q,0� Deductible CO1yjF:r 3ES a am owuCBble a, c; rprehermsl� Deductibleo -- NO131111'E S NO YES NO YES Deductible p. Ia Won�+.� Deductible S1,00MG0 Deductible Deductible D- EMPl.(Y _R'S QNO {AYES ONO ®YES ❑NO ®YE8 ©NO NON-Ch NERSFIIp �D_S COVER GE S Np YES- NO S NO HiRE� 4R CO GE NO 7 ApENT 8578 QlSMtm✓04 Aq ent's Code Number Signetum of Authorized Repreeentetive N2�rr a end Address of Agent ...�-� _... Name end Adduce of Certificate Holder CITY OF TAMARAC STATE FARI A INSURANCE PURCHASING DEPARTMENT 1518 E COMMERCIAL BLVD 7525 NW 88T" AVENUE FT LAUDEFtI SALE, FL 33354 TAMARAC, FLORIDA 33321 PHONE 954 212-3015 . J FAX 954-563-3sa3 Ctlack f a permanent CartiFicete of Insurance for liability coverage is needed: Check f the Certiticete Holder should be adddd as an Addibatmal Insured- Rema cs: ENG 1I IRRIGATIOM-L SYSTEM BUILDER 00-1678-W 04-24244 ERWIN, PATRICK J - QUALIFYING GREEN ACRES LAWN SERVICES INC 2130 NE 15 TER' WILTON MANORS FL.33305-2313 EXPIRES 8/31/04 CTL# 4886 WNARDCERTIFICATE OF COMPETENCY Detach I 1 and SIGN the reverse side of this BROWARD COUNTY, FLORIDA I COUNTY card IMMEDIATELY upon receipt! You I CERTIFICATE OF COMPETENCY I should carry this card with you at all times, .) ENG 2.1 IRRIGATIONAL SYSTEM BUILDER I .CCI► 00-1678-W i11 04-24244. I I ERWIN, PATRICK J - QUALIFYING I GREEN ACRES.LAWN SERVICEES INC W I f 213 0 NE 15 TER .00 WILTON MANORS FL 33305-2313 --j ERWIN, PATRICK J I W I 2130 NE 15 TER WILTON MANORS FL 33305-2313 I EXPIRES 8/31/04 CTL# 4886 — _ — _ _ _.,. — — _ —-,..... _ ...,...-.. — — — � 503-207 (Rev, 4/02) SPEC PLLVMER_7JkW1_q SPRII`LCLrER 86-CLLS-439-X 04-05143 ERWIN, PATRICK J - QUALIFYING GREEN ACRES LAWN SERVICES INC 2130 NE 25 TER WILTON MANORS FL 33305-2313 EXPIRES 8/31/04 CTL# 4886 w Bf� U'AARD CERTIFICATE OF COMPETENCY r ._: — — — — — -_- — .— :- — _.. — — — — _.._ f Detach and SIGN the reverse side of this BROWARD COUNTY, FLORIDA COUNTY card IMMEDIATELY upon receipt! You CERTIFICATE OF COMPETENCY should carry this card with you at all times. SPEC PLUMBER -LAWN. SPRINKLER CC# 86-CLS-439-X Itef. 04-05143 ERWIN, .PATRICK J -.QUALIFYING GREEN ACRES LAWN SERVICES INC. 4n�,-.. 12130 NE 15 TER d WILTON MANORS FL 33305-2313 W ERWIN, PATRICK J I C7 I 2130 NE 15 TER WILTON MANORS FL 33305-2313 f EXPIRES 8/31/04 CTL# 4886 `....._..—------------..__.._� ! -- _j 503-207 (Rev. 4/02) ^MT03 IF S-1ACK 5e SC.RE _iSTA'_ LER 00-1678-W 04-24243 ERWIN, PATRICK J - QUALIFYING GREEN ACRES LAWN SERVICES INC 2130 NE 15 TER WILTON MANORS FL 33305-2313 LMTD/SPRINKLER MAINS&ELECTRIC EXPIRES 8/31/04 CTL# 4886 B(T�� Y Yi1(tV CERTIFICATE OF COMPETENCY r _` - - - --- - �` �- --� �- ._.., ._._...... - - +�- COUNTY Detach and SIGN the reverse side of this I BROWARD COUNTY, FLORIDA ' card IMMEDIATELY upon receipt! You I CERTIFICATE OF COMPETENCY' should carry this card with you at all times. I FNG 1H JACK &.HORS INSTALLER j I CC# 00-1678-W Rof. 04-24243. I I. ERWIN, PATRICK J - QUALIFYING I GREEN ACRES LAWN SERVICES INC (� I !� I .213 0 NE 15 TER CID WxLTON MANORS PL 33305-2313 —4 ERWIN, PATRICK J I LMTD/SPRINKLER MAINS&ELECTRIC rQ 2130 NE 15 TER I WILTON MANORS FL 33305-2313 I- EXPIRES 8/31/04 CTL# 4886 I _....— — ---- — — _ _... — _... — —1 .— T ,-,.. __.....-,. 503.207 (Flm 4/02) .............. vv...r.. uvv.ar....v....� ... RENEW ON OR BEFORE FORM NO. FOR PERIOD OCTOBER 1, 2003 THRU SEPTEMBER 30, 2004 SEPTEM13ER 30, 2003 401.2WAC 25-001 PENALTIES IF PAID RENEWAL O TRANSFER SEC # Le / 182 TAX 27.0 OCT. -10% NOV, - 15% BACK TAX * DEC. - 209E ' Auer DEC. 31 - 25 e O NEW DATE BUSINESS OPENED 06/26/9�4 PENALTY ' Plus Tex Collection Fee of up to S26.00 T. C. FEE Based on Cost of License it Paid STATE OR COUNTY CERT/REG 0 136 rjI=q TRANSFER On or After Novamt*r 30, 2003 auaMeaa Location Address: ACCOUNT NUMBER 2130 NE 15 TERR TOTAL 27. FT LAUDERDALE 33305 r* DUSINESS F'HONE e (ODU) 5d3-33757 GREEN ACRES LAWN SERVICES INC ERWIN F'ATRICK J THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED 2130 NE 15 TERR TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE. FORT LAUDERDALE FL 33305 L TYPE OF LICENSE TAX PAID 6 �*- AUNTY LAWN SPRINKLER CONTRACTOR i UNIT 13ROWARD COUNTY REVENUE COLLECTOR 2003 - 2004 S. Andrews Avenue, Governmental Center Annex FORT LAUDERDALE, FL 33301 PAYMENT RECEIVED AS VALIDATED ABOVE 'SEE INSTRUCTIONS ON BACK OF LAST COPY PAID 08/28/03 VOL20524000L 27.00 of Tamarac«' ?net 5rrd 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 20 WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) IN THE PRESENCE OF: Principal By Signature and Title Type Name and Title signed above S!u rety By Signature nature and Title Type Name and Title signed above INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone pace 2 of 3 C!r6 �f i 2r?7ar2C �'Paymerna Bond ACKNOWLEDGMENT FORM PAYMENT BOND State of County of 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) (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: a of (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 1, , 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) Page3&3 Crt; a!T2mG;ac * rGrrcrmance 5cr,d 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/Contract/Project No.: awarded the day of , 20 , 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: 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. 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: 4.1 Complete the Contract in accordance with its terms and conditions; or Fags i o: 4 of rLv1 am I• F.: _.--.- -- _—__.__.__.__�__.___-•_-•--- ._ F.e?,cr-?an^EBo^d 4.2 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the 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 , 20 WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above Page 2 of 4 Ci'v Of Tar,arn IN THE PRESENCE OF: State of County of Felc.n-arce Bone INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone ACKNOWLEDGMENT FORM PERFORMANCE BOND 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) ,a (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: of (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, orE]DID NOT take an oath r•agc 3 of 4 ^itv Of 7 a!rarac Psrorr;ance 3onct CERTIFICATE AS TO PRINCIPAL 1, , 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 -1 3f 4 J,ji 01 04 09:41a Chris Erwin 06-30-'04 17:19 FROM- 9545633883 p.2 T-183 P001/001 F-182 ACRD_ GEM Ifl(;A I t UI- LIA131L1'I Y INSUM NCL OPID L21 6 04/30/04 flIODITGTITR; Caysrall Concept Groin 0 Xember of The Iftak Group, In 1900 IM Corporate Blvd., Suit• Boca Raton FL 33431 Phone:561-998-1570 7Fam:561-998-24,17 T"13 CERTE CA'R 13 MWED AS A MATTER OF IN FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDWCCOVERAGE NAIC0 NNRIREO Graanacrea Lawn Service, xne. 2130 N g� S Tarr. Ft. LaTxderc pZ 33305 NO:L~A: M§Eyland Callaualt famanTIIH tµa TrrraA h NSNWAC: wwRlleaa N1suR4lt e fA 1•A I -7rr4:S.l 11iE A'OLICTES OF INBURAItCE LISTED BELOW HAVE BEEa1 I$SNla 1r! 11RE W�!!R!0 NALtED ABOVE salt TNk POITLti' 1tpRI0O MDICATED. NOTNKTN:i1'ATIOING AAW REOUMBAEM. YEItF1 QK COMNmm or ANT CO/RRACT OR OTHETR DOCUMENT wrrM RCWGT TO WMION TML1 CERTMICATz MAY at ISSUED 0R WV POfa; NK TMP OMMIN EAFFORM BY TOW FOLIC0 DeSCRbQD K81MIN IS $Mffd ► TO ALL THETERMt VICLUSNDWS AND COND"N$ OF SUCH POLOM AGORBGATE LIMIT* SHOWN MAY KAW B AMU= KV PAID CLAIMS. OR r&6 i roLN:lr NLAOM LIMR3 A eCNemLAANUff 2wtrpl:+Al0e4a+yLwwLrrr CLAIMS MADE a 00W R 2 2000000 MORRUYA SCP 33504342 08/05/03 4:4 08/05/04 Z^Cm QCCURFJME I1,000 000 ee.�Ar>rj FRDGM lim 1, IS300,000 mea cw o" arm poses) = 1 O 0 0 0 P9ASOf4ALaAWft1L1RY = 1, 000, 000 6I1NERALAC4RLQATK 22,000,000 GGOLAGGRGC.ATi L"r APPIAS PER: rMIC LOC pmam cra - cowmp Aas . s 2, 0 0 0 0 0 0 AUTOI MMLA LIANKM ANY AUTO ALL OWNED AUTOS V SCIEDUEDAV= HIFi�L1 AllTOaS ►0DNOWNSDAUT06•eYd�• ,601 • ate of 1e'�• I SWAE LIMIT I f NOMY aWRY (PRPwnn) _ ` ) : GIi1A0ELMgJM ANYAVID Note `I� ALITDDNLY.EAACGDENT s Ott¢JtT►LW FA= Aura Olrrr A= _ _ 1 'K Iww� Lwwry vccLNR ❑ nANAslrAoc OEOuCTTBLE RETrmnw i +, �` U OC�ed SI9nau1 p Ar. - FACM OCwr�1(^F s AOGIRSaATt s _ i = B {jA�N"XcAIA>Eld WO4IMMC0W&dS T*NAW =M U�M CWm196-D366L OFFZ i' m0m6O'it yFme`ryw DNS WOW 05/22/04 ( OS/22/05 LAIr5 a.s-L cmA=mriwr S 100000 E.L. OtSFASE . EA S4%.0VEt 1100000 E.L. DOWSE, POLICY LIMff S 50 0 0 0 0 I LTBIER i I OiSC10PT1OMOFOPERATTONs/LOCATIONSIVOKLE' I"ALUMNS MOMBYL-NDORSEN /SMCMLF99i OtiIS C=r OF 'TANRAC AND BRONARD COUNTY-E1;AWMM COMM BOARD OF COUNTY COh=S91Ot =Z MR XAK= AS JMDITX=L INSURED MITE R==DS TO GOAL LIABILITY - RE: PROSPECT ROAD Lh=SCAPXNG IJWROVZh==/RR-XXM CERTIFICATE HOLDER CANCELLATION Tl ►RAC SHOULD AMT OF TM AEOW DESCMNW MOUM" M4 CAN*b.9M 6010 R YNi UPWA DATE THMOF. nW I UMG INSURER MALLENDEAVOR TO MML 30 DAYS, WRITTTLM CITY OF TAUQ.RAC NOTICE Tv THE CDRTIFICAT19 HOLUM KAMM TO THE LIFT, BUT FAILURR TO DO SO SHALL PURCHASING DEPARTIEW 8MMSE No ORLIGAVON OR LLANILITY DK ANT KIND IRON 7M INSUWER, M5 AGEM3 Olt 7525 UK 138TH AVE. TL1LU}`>sC YL 33321-6200 RERI RATnrEs. 25 (20011031 CO i N 19as City of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE Cky OF TAMARAC AND GREEN ACRES LN SERVICE, INC. THIS AGREEMENT is made and entered into this 1�_ day of J4A& , 2004 by and between the City of Tamarac, a municipal corporation with prificipal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Green Acres LN Service, Inc., a Florida corporation with principal offices located at 2130 N.E.15th Terrace, Wilton Manors, Florida 33305, (the "Contractor") to provide landscaping improvements on Prospect Road from NW 28th Avenue to NW 24th Avenue in a joint project agreement with Broward County (the "County"). 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; all documents contained in Bid No. 04-20B, Prospect Road Landscaping Improvements (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to June 29, 2004, and all modifications issued after execution of this Agreement. These contract documents fort the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. 2) The Work The contractor shall perform all work for the City required by the contract documents as specified in Bid 0420E as set forth below: a) Contractor shall furnish all labor, materials, and equipment. necessary for the installation of landscaping, irrigation, including pumps and controls, and brick pavers, site restoration and all other incidentals as indicated by the drawings and specifications or as required to properly complete the project as planned. b) Contractor shall furnish all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Installation shall be by a licensed contractor and crew with at least three years of verifiable full- time experience with projects of similar nature or dollar cost. c) Contractor shall clean up and remove all debris and material created by the work each day, at the Contractor's expense. d) 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. City of Tamarac Purchasing and Contracts Division e) All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. f) 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. g) 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 Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount 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, 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. 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 Liability Insurance policies shall be endorsed to add the City as additionally insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. Contractor shall indemnify and hold the County harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add Broward County and the Broward County Board of County Commissioners asi additionally 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 The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than: ten (10) days after the date that Contractor receives Notice to Proceed. The work shall be substantially completed no later than 180 days from receipt of Notice to Proceed. 5) Contract Sum The Contract Sum for the above work is Four Hundred Thirty Six Thousand, One Hundred Ninety Seven Dollars and Ninety cents ($436,197.90) including a 10% contingency of Forty -Three Thousand, Six Hundred Nineteen Dollars and Seventy -Nine Cents ($43,619.79) to be used for unforeseen conditions only if required for a grand total of Tamarac Purchasing and Contracts Division Not to Exceed Four Hundred Seventy -Nine Thousand, Eight Hundred Seventeen Dollars and Sixty -Nine Cents ($479,817.69). 6) Payments A monthly payment/progress payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 7) Waiver of Liens Prior to 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. 8) Warranty Contractor warrants the work completed against defect for a period of one (1) year from the date of completion. In the event that defect occurs during this time, Contractor shall correct any and all defects either by repair, replacement or re -accomplishment as determined by City. In the event such defects, as determined by the City, are not properly repaired, replaced or re -accomplished, the City shall perform such repairs, replacements or re -accomplishments at the Contractor's risk and cost. Contractor shall be responsible for any damages caused by defect to affected arenas or interior of structures. 9) Indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attomeys' 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 the 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 the 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 the claim may be made after the termination hereof. 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. Contractor shall at all times hereafter indemnify, hold harmless and, at the option of the County Attorney, defend or pay for an attorney selected by the County Attorney to defend County, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs and expenses, caused by negligent act or omission of Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of City of Tamarac Purchasing and Contracts Division this Agreement. To the extent considered necessary by Contract Administrator and County Attorney, any sums due Contractor under this Agreement may be retained by City and/or County until all of County's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City and/or County. 10) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 11) Independent Contractor Contractor is an independent Contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefrla, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 12) 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. 13) 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, sent by registered United States mail, with return receipt requested, addressed to the' party for whom it is intended at the following addresses. City City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. Contractor Patrick Erwin, President Green Acres Ln Service, Inc. 2130 N. E. I e Terrace Wilton Manors, FL 33305 of Tamarac and Contracts Division 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) days 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. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terns, 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. 15) 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. 16) 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. 17) 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. 18) Severabifity; 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 enforoeability 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. 19) 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. of Tamarac and Contracts Division 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 Green Acres Ln Service, Inc., signing by and through its President, duly authorized to execute same. M a Wdo n 8 v v 6 ins 6 i �7 —tC City Clerk ATTEST: (Co rate 94:ry:)� Christina L. Erwin Type/Print Name of Corporate Secy. (CORPORATE SEAL) City OF TAMARAC (91-e Schreiber, Mayor � �9 Date 107a4 Jeffrey if. 104illerMity Manager 7/1 � /o V Date Green Ac Service Inc. Signature of resident Patrick J. Erwin Type/Print Name of President u.\ DO Date of Tamarac and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF 3 =41a-s 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 Patrick J. Erwin, President of Green Acres Ln Service, Inc., a Florida Corporation, to me known to be the person(s) described herein and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this I'day of 1,S �,k-, 2UU4. P(J,9 NOWARC M COHEN '� 4 * COMMISSION NUMBER O0122985 MY COMMISSION EXPIRES FOFFVQ JUNE21,2NOJ Signature of Notary Public State of Florida at Large 4�vlx'-"I w.CVv Print, Type or Stamp Name of Notary Public ❑ ersonally known to me or Produced Identification of I.D. Produced DID take an oath, or ❑ DID NOT take an oath ACDR . CERTIFICATE OF LIABILITY INSURANCE OP ID L °"'� GREEN-6 06 30 04 PRODWER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Coverall Concept Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE a Member of The Mack Group, In HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1900 Nip Corporate Blvd., Suite ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Baca Ratan FL 33431 Phone:561-998-1570 Fax:561-998-2447 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER land Casualty INSURERB: MridWield srurMye Ca�pany �{ een&cr*g Lawn Services Inc. IrSURERC, Ft. . OLaaitderdalL Tarr. 333 05 ML9URER & MSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVEEE BN ISMM TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUNREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS, WAMM LTR TYPE OF INSURANCE POLICY NUMBERMAW LIMITS tiEIN!<RAL LIAII TIY EACH OCCURRENCE $1, 000, 000 A X 'COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR SCP 33SO4342 08/05/03 08/05/04 PREMISESEs9FR ncs s300,000 MED EXP (Arty ww pwwl) $l0 , 0 0 0 X 2000000 UMBRELLA PERSONAL dAININJURY $1,000,000 GENERAL AGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LMa'T APPLIES PER: POLICY LOC PROOUCT'S - COIMPIOP AGG $2 , 0 0 0 , 00 0 AUTOMOBILE LIABILITY ANYAUTO (Es S BINED SINGLE LIMIT s ALL OWNED AUTOS SCHEDULED AUTOS BODAY MIJURY (Pp P ► ) $ HIRED AUTOS NON-OVOeD AUTOSPRO BONLY INJURY (Pel aeddent) = (Pwx)DAMAGE s GARAGE LIABILITY AUTO ONLY - EA ACCIDENT s ANY AUTO OTHER THAW EA ACC AUTO ONLY: AGG S $ EXCESSKIMBRELLA UASLITY OCCUR CLAM MADE EACH OCCURRENCE s AGGREGATE s s s DEDUCTIBLE RETFTjm N s s B WORKM COMPENSATION AND EMPLOY LIAR A ANY PROPHitET17RIPARTNfRlExECUTNE 4FFICER/wAEAHeEit EXCLUDED? g9Z�below 196-03681 05/22/04 05/22/05 MMA; LIMITS I ER EJ..EACHACCW�IT $100000 E.L. DISEASE - EA EMPLOY $10 0 0 00 E.L.DLSEASE-POLICY LIMIT $500000 oTHER DE TFDN DF OPERATIONS I LOCATIONS I VIMLES I EXCLUIIONS ADDEp BY /SPECIAL PROVISIONS CITY OF TAMARAC AND BROWARD COUNTY-BROKARD COUNTY BOARD OF COUNTY COMMISSIONERS ARE NAMED AS ADDITIONAL INSURED WITH REGARDS TO GENERAL LIABILITY - RE: PROSPECT ROAD LANDSCAPING S/RBI-BID I CERTIFICATE HOLDER CITY OF TAMARAC PURCMkSING DEPARTMENT 7525 NN BETS AVE. TAMARAC FL 33321-6200 CANCELLATION TAMA .AC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EMMATI DATE THEREOF. THE ISSUING MsURER WILL ENDEAVOR TO MML 3 0 DAYS vmrrCN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Mn FAILURE TO DO IIa $ HAL IMPOSE ND OBLIGATION OR LIABILITY OF ANY Haut UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. . A d n Jeffre L. Caminiti ACORD Z5 (x001/OB) OACORD cowpownoi 19 No Text 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Exhibit #2 Temp. Reso. #10495 INVITATION TO BID BID NO. 04-20B Prospect Road Landscaping Improvements — Re -bid City of Tamarac Purchasing Division 7525 NW 88th Avenue Room 108 Tamarac, Florida 33321-2401 (954) 724-2450 0 City of Tamarac ;: Purchasing and Contracts Division TABLE OF CONTENTS BID 04-20B PROSPECT ROAD LANDSCAPING IMPROVEMENTS — REBID General Terms and Conditions...............................................................GTC-1 - GTC-5 Supplemental Instructions to Bidders..................................................SUPP-1 - SUPP-2 Special Conditions........................................................................................SC-1 - SC-8 Special Provisions.......................................................................................SP-1 - SP-27 Important Clarifications to Specifications & Drawings...............................................1 - 2 Technical Specifications ...............Division 2, sec. 02230-02930, Division 16, Sec. 16050 & 16200 Map....................................................................................................................... MAP-1 ' Bid Coversheet Checklist 1 ........................................................................................1 of BidForm....................................................................................................... BF-1 -- BF-4 ' Schedule of Bid Prices......................................................................... SCH-1 -- SCH-11 Certified Resolution.................................................................................................1 of 1 Certification.............................................................................................................1 of 1 Offeror's Qualification Statement.............................................................................1 - 5 Non -Collusive Affidavit.............................................................................................1 - 2 Vendor Drug -Free Workplace.................................................................................1 of 1 References..............................................................................................................1 of 1 List of Subcontractors..............................................................................................1 of 1 BidBond....................................................................................................................1 - 2 FormPayment Bond.................................................................................................1 3 Form Performance Bond...........................................................................................1 - 4 Applicationfor Payment..........................................................................................1 of 1 ' Change Order.........................................................................................................1 of 1 Final Release of Lien by Contractor..........................................................................1 - 2 ' Standard Form of Agreement....................................................................................1 - 7 1 LI 1 1 1 1 1 F I] 1 1 1 1 1 1 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, rL 33321 954-724-2450 INVITATION FOR BID Bidder Acknowledgement *This form MUST be completed and signed below, and returned with your bid* BID NO.: 04-20B BID TITLE: Prospect Road Landscaping Improvements -- Rebid BID OPENING DATE/TIME: June 22, 2004, 2:00 PM local time BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 954-724-1322 BUYER EMAIL: keithg@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: June 8, 2004, 10:00 AM, Room 105 BONDING: 5% Bid Bond, 100% Payment/Performance Bond BID DOCUMENTS: $50.00 SET 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 OR IN THE SPECIAL CONDITIONS OF THE BID, ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM MUST BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE, THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER, BID TITLE, AND THE TIME AND DATE OF THE BID OPENING. 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:. SIGNATURE OF AUTHORIZED AGENT: 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. GTG- t �.�.� 1 of Tamarac Purchasing and Contracts Division LJ 1 1 1 1 1 1 1 1.1 1 1 I 1 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. 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 N. W. 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. The 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 the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified, the Bidder must use the bid form furnished in the bid document. The Bidder shall 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 fine by his/her signature. All bid forms must be typewritten or completed in ink. The 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 sixty days from the date of the bid opening unless otherwise stated by the City. The Bidder preparing a bid in response to this solicitation 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 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 the 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 the City. Any bid deposits will be returned to the Bidders at the time of contract award. The 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 fumish the required bonds within the time specified may be cause for rejection of the bid and 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 shall 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. S. 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 sixty (60) calendar days, or ninety (90) calendar days when the contract must be approved by another agency. 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. City of Tamarac [ _........_..__..__.-..........._....__......_....._ and Contracts Division Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall 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 1 1 Ji 1 Pi 1 P- I 7 1 1 made on the date of the mailing of the check. All payments shall be governed by the Florida Prompt Payment 6t , 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, indicate on the bid form 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 Sheriff's 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 Purchasing Division prior to final 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 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City 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 OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the City may without cause and without prejudice to any other right or remedy, terminate the agreement for the City's convenience whenever the City determines that such termination is in the best interest of the City. Where the agreement is terminated for the convenience of the City the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the City under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, shall terminate all outstanding 1 GTC-3 1 City of Tamarac Purchasing and Contracts Division t-I sub -contractors and purchase orders to the extent that they relate to the terminated portion of the Contract, and refrain from placing further orders and sub- contracts except as they may be necessary, and shall ' complete any continued portions of the work. 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 may become due hereunder are not assignable except with prior written approval of the City. C� H 1 11 l�� 1 1 1 21. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 22. EQUAL EMPLOYMENT OPPORTUNITY No Contractor shall discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, or physical or mental handicap if qualified. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, gender, national origin, or physical or mental handicap. Such actions shall include, but not be limited to the following: employment, upgrading, 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 agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non- discrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, 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. Bidder shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the 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/ Occurrence Aggregate Coverage Commercial General $1,000,000 $1,000,000 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' Compensation & Statutory Employer's Liability The 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 the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that ail subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. 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 the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the 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 The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and G TC-4 ICity of Tamarac - Purchasing and Contracts Division ' expenses (including attomeys' 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 the Bidder or his Subcontractors, agents, officers, employees 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 the City of Tamarac or its elected or appointed officials and 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. 28. BID TABULATION Bidders may download the bid tabulation directly from the Internet at h ://www.tamarac.o /D t/fi rciv sufs.htmi. The 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 requests for 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(3xa), or within 10 days after bid/proposal opening, whichever is earlier. 29. RECORDSIAUDITS The 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 the City's Auditor. ' The Contractor agrees to make available to the 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 the duration of the 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. GTC-5 1 City of Tamarac Purchasing and Contracts Division 1 1 1 1 1 11 11 SUPPLEMENTAL INSTRUCTIONS TO BIDDERS BID 04.20E PROSPECT ROAD LANDSCAPING IMPROVEMENTS — REBID The following is a rebid of Bid No. 04-08B as a result of changes in project scope required by Broward County, Florida. 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 of Tamarac. DESCRIPTION OF WORK The City of Tamarac is interested in obtaining proposals from qualified Contractors for landscape and irrigation improvements to Prospect Road from NW 28th Avenue to NW 24th Avenue, in a joint project agreement with Broward County. Work shall include the installation of landscaping, irrigation, including pumps and controls, and brick pavers, as indicated by the drawings and specifications or as required to properly complete the project as planned. The work consists of furnishing all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Bidder shall, at time of bid opening, possess a State Certified General Contractor or State Certified Engineering Contractor or a Broward County Class "A" Engineering Contractor. 1. BID GUARANTEE An acceptable Bid Bond, Cashiers Check, or Certified Check payable to the City of ' Tamarac in amount not less than 5 % (percent) of the bid, must accompany the bid. Additional bonding may be required in the Special Terms and Conditions of this invitation. A Bid Bond must be executed by a surety company authorized to do 1 1 1 business in the State of Florida or secured in a manner satisfactory to the City of Tamarac. 2. SCHEDULE All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All delivery cost and charges must be included in the bid price. Substantial completion of the project shall be within 180 calendar days from receipt of Notice to Proceed. Final completion shall be within 30 days of the date for substantial completion. 3. PRE -BID CONFERENCE / SITE INSPECTION A pre -bid conference to discuss issues related to this project will be held at the date, time and location shown on the cover page of this Invitation for Bid. Prospective bidders and sub -contractors are strongly encouraged to attend this conference, as important aspects of the project will be discussed. In addition, it I� SUPP- 9 of Tamarac Purchasing and Contracts Division shall be the responsibility of the Bidder to inspect the site before submission of bids. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of this contract will be accepted as the basis for varying the requirements of the City or the compensation to the Bidder. 4. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified 5. LICENSES 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: State: Certified General Contractor or Engineering Contractor County: Engineering Contractor Class "A" SUPP-2 City of Tamarac l Purchasing and Contracts Division 1 SPECIAL CONDITIONS r BID 04,20E I PROSPECT ROAD LANDSCAPING IMPROVEMENTS — REBID I. 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 rthe company is sold during the life of the contact, 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. 2. CONTRACTOR'S RESPONSIBILITY rContractor 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 foreman present on the site at all times, as a fully authorized agent of the ' Contractor, and capable of making on -site decisions. The Contractor shall be aware that the job site is not secure, and as such is subject to pedestrian traffic at all times of the day and night. It shall be the responsibility of the Contractor to secure the job ' site at all times during and after construction to protect the general public from harm, and remove from the job site and properly dispose of all residues at the end of each and every workday. No unsecured materials or equipment are to be on site r at night or over a weekend, unless arrangements have been made with and prior approval obtained from applicable City personnel in writing. No materials or equipment are to be stored so as to restrict traffic lines of sight. 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. 3. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, rutilities, irrigation systems, windows, and vehicles on or around the job site. SC-1 of Tamarac t-J- Purchasing and Contracts Division I 4. 6-1 6. 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 Utilities Engineering Department by telephone at (954) 724-2506 or assigned project manager and inform the appropriate staff member about the location and extent of the damages. PERMITS AND LICENSES The Contractor shall be responsible for securing all City and County Building permits. However, all City permit fees are waived. The Contractor shall submit copies of all permits required for this work. The Contractor shall be responsible to secure the necessary construction permits from other agencies as identified in the Technical Specifications. Cost of permits from agencies other than the City, will be reimbursed by City without markup, for properly submitted invoices. Permit fees shall be reimbursed by payment through the Contingency Allowance, if applicable. Special Note: Permitting Costs with Broward County Broward County Permit Cost is 3.84% of the Engineering Estimate for Irrigation detailed in the plans. Based on an initial (City) estimate of $65,060.00 for Phase I and $36,660.00 for Phase II, the probable cost of the Engineering Permit will be $3,903.75. Based on actual bid submittals and the actual cost to the contractor, this number should be lower when the actual permit is applied for. An allowance for the Permit Fee with Broward County should be made to consider the above information. SITE INSPECTION -- CONTRACTOR It shall be the full responsibility of the bidder to visit and inspect the proposed construction site as shown on the engineering plans prior to the submission of a bid. No variation in price or conditions shall be permitted based on a claim of ignorance. Submission of the bid is evidence that the bidder has familiarized him/herself with the nature and extent of the work, and the equipment, materials, and labor requirements. Should the bidder see any problem, the bidder is to bring the problem to the attention of the City immediately. SITE INSPECTION — CITY All work will be conducted under the general direction of the either the City's hired consultant for this project, and/or project management of the City's Utilities Department 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 SC-2 City of Tamarac ;; Purchasin and Contracts g t acts Division provision p of the specifications without proper written authorization from the project manager/consultant 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, 7:30 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. In addition, the City inspector must be onsite at least one (1) hour prior to closing site for each day. 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 farms 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 Award. ' 8. 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 subject of the Agreement. Payment, of the invoice and acceptance of such payment by the Contractor shall release, the CITY from all claims of liability to the Contractor in connection with the Agreement. 9. 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. Retainage monies will be released upon satisfactory completion and final inspection of this project. 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. 10. CONTRACT DOCUMENTS ' The contract documents shall consist of the Standard Form Of Agreement, Bid Proposal executed and submitted by the Contractor, project specifications, plans and specifications (where applicable), any addendums or change orders, bond(s), insurance certificate(s), and the City Resolution awarding the bid. City of Tamarac 11. 12. 13. CHANGE ORDERS t-� Purchasing and Contracts Division 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. CHANGES IN THE WORK/CONTRACT PRICE CONTRACT PRICE 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 his expense without change in the Contract Price or Time except as approved in writing by the Project Manager. 12.1 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 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 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. CHANGES IN CONTRACT TIME 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. 13.1 Notice 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 at least fifteen (15) days prior to the substantial completion date of the project. 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 SC-4 t.-11 City of Tamarac Purchasing and Contracts Division ' costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. ' 13.2 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 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. 14. CITY'S OPTION ' In the event satisfactory adjustment cannot be reached by the City and the 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 inquestion and make such arrangements as the 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 lump sum by the 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. 15. LIQUIDATED DAMAGES Upon failure of Contractor to complete the work within the time specified for ' completions, (plus approved extensions if any), Contractor shall pay City the sum of $500.00 for each calendar day that the completion of the work is delayed beyond the time specified in the contract for completion, as fixed and agreed liquidated damages, and not as a penalty. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effectof the failure of Contractor to complete the contract on time. Regardless of whether or not a single Contract is involved, the ' above -stated liquidated damages shall apply separately to each portion of the work for which a time of completion is given. 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 be responsible for reimbursing City, in addition to liquidated damages or other per day damages for delay, for all costs of SC-5 City of Tamarac r.-'7 purchasing and Contracts Division 16. 17. engineering, architectural fees, and inspection and other costs incurred in administering the construction of the project beyond the completion date specified or beyond an approved extension of time granted to Contractor whichever is later. These liquidated damages will not prohibit City from recovering ascertainable actual damages incurred as a result of the same delay to which the liquidated damages apply. Contractor may be liable for both liquidated damages as stated herein, and for excess completion costs of this project. In the event Contractor has been either terminated from or has abandoned the project prior to completion, this liquidated damages clause is still applicable to hold Contractor liable for the liquidated damages. BONDS The Contractor shall furnish separate Performance and Payment Bonds in the amount of 100% of the total bid award amount as security for the faithful project performance and payment of all of the Contractors obligations under the contract documents. Upon completion, formal approval and acceptance of all work associated with the project, a one year warranty period will begin. At this time, a warranty bond in an amount not less than 25% of the final contract amount must be submitted. If the surety on any bond furnished by the Contractor is 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. 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 the 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 amount. 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. SC-6 City of Tamarac ti Purchasing and Contracts Division ' 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, the Contractor is responsible to locate 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. The City will provide to the Contractor available construction drawings for locating existing utilities. However, the City cannot guarantee the accuracy of drawings or any information related to existing utilities and the City will ' not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. Damage to any of the City's utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor's expense. The Contractor shall also be liable for all damages and claims against or by the City arising in any way from damage or interference with such utilities. ' No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. 19. CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed construction by the Contractor, and prior to commencement of construction, the Contractor shall examine the alignment of proposed utilities to be constructed and identify any t conflicts with existing utilities. If such conflicts exist, the Contractor shall undertake accurate surveys to determine elevations of utilities and shall notify the engineer in writing seven (7) working days prior to the scheduled construction. The engineer may revise the proposed design or recommend ways and means to avoid such conflicts. The 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. 1 1 sc=7 of Tamarac Purchasing and Contracts Division 20. CONTINGENCY ALLOWANCE A contingency has been allowed for this project in the amount identified in the Bid Schedule. The Contractor is not to use this contingency allowance without written permission from the City and upon written justification to the City for such use. 1 City of Tamarac e. Purchasing and Contracts Division SPECIAL PROVISIONS ' Bid 04.20E PROSPECT ROAD LANDSCAPING IMPROVEMENTS — REBID I. PURPOSE OF BID ' The City of Tamarac is hereby requesting Bids, from qualified vendors, to establish a Unit Price Contract for landscaping, irrigation, brick paver, and electrical work by the Contractor, as per the conditions and specifications contained in this document. ' The City of Tamarac is pro osing landscape and irrigation improvements to Prospect Road from NW 28 Avenue to NW 24�h Avenue in a Joint Project ' Agreement with Broward County (Project No. 5278). Quantities in this contract include the installation of landscaping, irrigation (including irrigation pumps and electrical controls) and brick pavers for the areas of the City of Tamarac as depicted ' in Figure 1. This work shall be completed within 5 months from the Notice to Proceed. No warranty is given or implied as to the exact quantities that will be used in addition to those specified in the Contract Documents. ' 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 thereof: 2.1 Addenda — Written or graphic instruments issued prior to the opening of Bids ' which clarify, correct, or change 'bidding 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. 1 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. SP-1 City of Tamarac 1-0 Purchasing and Contracts Division 2.6 Contract Documents — The Contract Documents consist of the Drawings, Bidding Requirements, Non -Collusion Affidavit, Public Entity Crimes Form, 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. 2.7 Contract Times — the number of days or dates 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's/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 "Project Manage'' 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 Times. 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. SP-2 City of Tamarac Purchasing and Contracts Division i 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 that 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 the City's acceptance of the job. ' 2.20 Supplier — A manufacturer, fabricator, Supplier, distributor, m I pp pp atena manr o 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 orl 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. 1 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. 1 SP-3 of Tamarac io Purrhasing and Contracts Division 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: (1) The Special Provisions (2) The Technical Specifications (3) The Instructions to Bidders and General Terms and Conditions (4) The Sample Agreement As between schedules and information given on Drawings, the schedules shall govern; as between figures given on Drawings and the scale measurements, the figures shall govern; as between large-scale drawings and small-scale drawings, the larger scale drawings shall govern. It is the intent of the Contract Documents to describe a functionally complete Project in accordance with the Plans and 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 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. SP-4 1 City of Tamarac ; i Purchasing and Contracts Division 1 1 1 1 1 I� 1 6.1 The contract term is currently anticipated to be 180 days following the issuance .of the City's Notice to Proceed. The City reserves the right to grant extensions of contract time in the event that delays occur due to no fault of the Contractor or any Sub -Contractor or materials supplier. 7. CONTRACTOR'S RESPONSIBILITY 7.1 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. 7.2 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. 7.3 The superintendent shall be satisfactory to the City and shall not be changed except with consent of the Engineer/Project Manager. 7.4 The Contractor shall assign to the work site at least one (1) supervisor at all times who shall be a certified arborist or hold a Broward County Tree Trimming B License and 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. 7.5 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. 7.6 The Contractor shall be aware that the job is subject to vehicular and pedestrian traffic at all times of the day and night. It shall be the responsibility of the Contractor to secure the job site at all times during and after construction to protect the general public from harm, and remove from the job site and properly dispose of all residues at the end of each and every workday. No unsecured materials or equipment are to be on site at night or over a weekend, unless arrangements have been made with and prior approval obtained from applicable representative of the City of Tamarac in writing. No materials or equipmentare to be stored so as to restrict traffic sP-5 of Tamarac Purchasing and Contracts Division lines of sight. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. 7.7 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. 7.8 The Contractor is responsible for familiarizing itself with the nature and extent of the Contract Documents, the Work, the locality, and with all local 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. 7.9 Before beginning the Work or undertaking each component part of the Work, The Contractor shall carefully study the Contract Documents, Special Conditions, Technical Specification, all pertinent figures and site conditions. The Contractor shall promptly report in writing to the Engineer/Project Manager and the City any conflict, error or discrepancy which the Contractor may discover and shall obtain a written interpretation or clarification from the Engineer/Project Manager before proceeding with any Work affected thereby. 7.10 The Contractor shall assist the City and the Engineer/Project Manager in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. 7.11 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. 7.12 The Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences and procedures. 7.13 The Contractor shall keep the City and the Engineer/Project Manager informed of the progress and quality of the Work. 7.14 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 SP-s ' City of Tamarac �'' Purchasing and Contracts Division other matters in question) matters relating to performance. Such interpretations and decisions shall be in writing. ' 7.15 The Contractor shall correct all, Work, which does not conform to the Contract Documents. ' 7.16 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. 7.17 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 rjurisdiction, and assist the City in consultations with appropriate governmental authorities and agencies in obtaining all permits and approvals. ' 7.18 Without limitingthe foregoing,the Contractor shall a all fees, pay es, costs, and ' expenses in connection with the applications, processing, and securing of approvals or permits 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. I 7.19 The Contractor shall give notices and comply with laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project. ' 7.20 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. ' 7.21 The Contractor 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 being approved, shall constitute a waiver of any claim of compensation for such work. All Work Directives must be approved by the City Manager or designee identified as ' such in writing. 7.22 The Contractor shall maintain in good order 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. I SP-7 of Tamarac ;� Purchasing and Contracts Division 8. 9. 7.23 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. 7.24 Any coring of existing structures, including seawalls, required for installation of any items within the scope of this contract are the responsibility of the Contractor. 7.25 The Contractor is responsible for dewatering jacking and receiving pits and for dewatering the path of proposed irrigation crossings. Where the ground water level is above the invert of the proposed crossing, dewatering is necessary to reduce the water level to below invert of the proposed crossing, and must be designed, installed and in operation prior to beginning the crossing. FAMILIARITY WITH THE TOTAL SCOPE OF PROJECT AND STREETS 8.1 The Contractor shall be familiar with the total scope of the project, interpretation of the plans/drawings, and the streets prior to commencement of any work. The City will not provide any elevations for reference. The Contractor shall be responsible for all layouts including establishing proper grades to maintain or improve the existing stormwater flow. 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. 8.2 The Contractor shall be responsible for locating all utilities that may interfere with this part of the street improvement program. The Contractor shall be responsible for repair and restoration of all utilities or any other items damaged during the Work. 8.3 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. SHOP DRAWINGS AND SAMPLES 9.1 Within fourteen (14) calendar days after issuance of the Notice to Proceed, The Contractor shall submit to The Engineer/Project Manager for review and approval five (5) copies of all Shop Drawings for all equipment, apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured 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, 1 1 1 1 1 1 1 1 1 1 1 1 1 cit 1 t ,o. 1 1 1 1 of Tamarac Purchasing and Contracts Division �k dimensions, specified performance and design criteria, materials and similar data to enable the Engineer/Project Manager to review the information as required. 9.2 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. 9.3 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. 9.4 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. 9.5 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, "orequal" items, or change orders shall be paid by the Contractor. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 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. 10.2 The Contractor shall be fully responsible to the City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and SP-9 of Tamarac 1" Purchasing and Contracts Division 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. 11. CITY'S RESPONSIBILITIES 11.1 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. 11.2 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. 11.3 The City shall cooperate with the Contractor in securing building and other permits, licenses and inspections. 11.4 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. 11.5 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. 11.6 The City shall communicate with subcontractors only through the Contractor. 11.7 The City shall furnish data required of the City under the Contract Documents promptly. 11.8 Except for permits and fees that are the responsibility of the Contractor, the City shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or permanent changes in existing facilities. 11.9 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 sP-10 City of Tamarac Purchasing and Contracts Division ' 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. 12. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES 12.1 The Engineer/Project Manager or his designee will be the City's representative during the construction period and until final payment is due. 12.2 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. ' 12.3 The En ineer/Project Manager will issue 9 1 9 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. 12.4 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. ' 12.5 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. 13. AVAILABILITY OF AREA TO STORE EQUIPMENT AND MATERIAL 13.1 Although the City will make every effort to provide suitable areas, including ' public right-of-way, to store equipment and material it shall be the Contractor's responsibility to find and secure suitable and safe locations for this purpose. Restoration of all storage areas shall be Contractor's responsibility. I sP-11 of Tamarac � -1 Purchasing and Contracts Division 14. 15. CLEANUP AND RESTORATION 14.1 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 dust and loose material. Leftover or excessive material, debris, etc. must be completely removed from the work and other affected areas at no expense to the City at the end of each workday. It shall be the Contractor's 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. 14.2 Cleanup shall be performed on a daily 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 15 DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY. 14.3 The Contractor shall be responsible for the proper and legal removal and disposal of all construction debris. 14.4 The project site and all adjacent areas 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. 14.5 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. 14.6 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. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY 15.1 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. 15.2 The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. SP-12 ' City of Tamarac Purchasing and Contracts Division ' 15.3 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. 15.4 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) 724-2410 and inform the appropriate staff member about the location and extent of the damages. 15.5 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. 16. CONFLICTS WITH FDOT AND OTHER SPECIFICATIONS 16.1 Unless noted otherwise, Specifications and Special Provisions contained in ' this Contract shall supersede any other specifications or provisions of FDOT or any other agency noted in the Contract Documents. In case of conflicts, the most stringent provisions shall prevail. 16.2 The Contractor shall immediately e y bring to the attention of the Engineer/Project Manager any conflicts, discrepancies or ambiguities between the Specifications and Special Provisions listed in the Contract Documents. Failure to do so shall result in the interpretation made by the Public Works Director whose decision shall be final. 17. BASIS OF PAYMENT, UNIT PRICES AND RIGHT TO CHANGE QUANTITIES 17.1 Payment at the contract unit price shall be inclusive of all labor, materials, equipment and incidental items, and shall be based upon the actual quantities placed. 17.2 Quantities, as identified in the Schedule of Quantities and Price section, are ' for estimate and bidding purposes only and accuracy is not implied or guaranteed. Payment shall be based upon actual quantities placed and accepted at the contract unit price. ' 17.3 The City reserves the right to add or delete any item and adjust the contract quantities based upon the contract unit price which best serves the interest of the City. No other adjustment shall be allowed unless approved in advance by the City. City of Tamarac Purchasing and Contracts Division ' . ---- 18. ACCEPTANCE OF WORK 18.1 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. 19. TESTS AND INSPECTIONS 19.1 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. 19.2 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. 19.3 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. 20. CORRECTION OR REMOVAL OF DEFECTIVE WORK 20.1 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 Substantial Completion and whether or not fabricated, installed or completed, and shall correct Work under this Agreement found to be defective or nonconforming within a period of one year from the date of Substantial Completion of the Work or designated portion thereof, or within such longer period provided by any applicable warranty in the Contract Documents. 20.2 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. SP-14 1 of Tamarac °s Purchasing and Contracts Division 1 1 1 1 1 1-1 1 1 1 C 1 1 20.3 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. 20.4 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. 21. PROGRESS PAYMENTS 21.1 The Contractor shall deliver to the City itemized Applications 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 Engineer/Project Manager or Contract Documents. Each requisition shall be submitted 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. 21.2 The City shall retain ten percent (10%) of all monies earned by the Contractor until the Work is totally completed as specified, and accepted by the City. The parties hereto agree that Section 255.052, Florida Statutes, does not apply to this Agreement, or to any underlying agreements and obligations to which this Agreement pertains. 21.3 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 1 SP-15 of Tamarac Purchasing anti Contracts Division 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. 21.4 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. 21.5 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. 21.6 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. 21.7 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 retained by the seller or otherwise imposed by the Contractor or such other person. 21.8 The Contractor may apply for the return of the retainage held pursuant to Section 21.2, 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. The requirements of retainage include the following: 21.8.1 Repair and/or replacement of faulty or defective Work. 21.8.2 As -built drawings are submitted to and accepted by the City. 21.8.3 All Code requirements, inspections, testing and certificates of approval are conformed with, submitted and accepted by the City. SP-i 5 City of Tamarac Purchasing and Contracts Division 1 1 21.8.4 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. 21.8.5 Release of Lien is submitted and accepted by the City. 21.8.6 The Contractor's completion of Punch List. 21.8.7 Warranties are submitted to and accepted by the City. 22. CHANGE QUANTITIES/CHANGE ORDERS ' 22.1 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. 22.2 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 Authorized City Representatives prior to their issuance and before Work may begin. ' 22.3 No claim against the City for extra Work in furtherance of a Change Order 9 Y g shall be allowed unless prior written City approval pursuant to this section has been obtained. ' 22.4 Only Change Order or Written Amendment shall change the Contract Price and Contract Time. ' 22.5 Proposed Change Orders shall be prepared by the Engineer/Project Manager on forms provided by they City. When submitted for approval, they shall carry the signature of the Authorized City Representatives and the Contractor. 22.6 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. ' 22.7 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. ' 22.8 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 1 SP-17 City of Tamarac tl-�2 Purchasing and Contracts .Division I Contractor's responsibility and the amount of each applicable bond shall be adjusted accordingly. 22.9 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 three (3) 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. 22.10The cost or credit to the City from a change in the Work shall be determined by one or more of the following ways: 22.10.1 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; 22.10.2 By unit prices stated in the Contract Documents or subsequently agreed upon; or 22.10.3 By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee. 23. REGULATORY CHANGES 23.1 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. 24. FINAL INSPECTION 24.1 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 immediately take such measures as are necessary to remedy such deficiencies. 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 5P-18 1 City of Tamarac (° � Purchasing and Contracts Division ' 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. Final payment to the Contractor shall not be made untl' 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 ' 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. Thirty (30) days 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. 26.2 If, through no fault of the Contractor, final completion of the Work is significantly delayed and if the Engineer/Project Manager so confirms, the City shall, upon receipt of the Contractor's final Application for Payment and ' recommendation of the Engineer/Project Manager, and without terminating 1 SP-19 of Tamarac Purchasing and Contracts Division r the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Engineer/Project Manager with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 26.3 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 issued by the Engineer/Project Manager. The making of final payment shall constitute a waiver of claims by the City except those arising from: 26.3.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 26.3.2 Faulty or defective Work and latent defects discovered after acceptance. 26.3.3 Failure of the Work to comply with the requirements of the contract documents. 26.3.4 Terms of special warranties required by the contract documents. 26.3.5 Any of the Contractor's continuing obligations under this Agreement. 26.4 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 whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of: 27.1.1 Defective Work not remedied. 27.1.2 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 27.1.3 Failure of the Contractor to make payments to Subcontractors or Suppliers for materials or labor. 27.1.4 Damage to another Contractor not remedied. 27.1.5 Liability for liquidated damages that the Contractor has incurred. SP-20 ' City of Tamarac Purchasing and Contracts Division ' 27.1.6 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. ' 27.1.7 Reasonable evidences that the Work will not be completed within the Contract time. 27.1.8 Failure to carry out the Work in accordance with the Contract Documents. 27.2 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 Not withstanding any provisions of the Technical Specifications the Contractor shall warranty the soundness of all work as noted in the Technical Specifications from the date of final acceptance of work. The Contractor shall submit a warranty bond acceptable to the City and prior to final payment to the Contractor. ' 28.2 The Contractor warrants that all equipment, materials and Workmanship furnished, whether furnished by the Contractor or its subcontractors and Suppliers, will comply with the specifications, drawings and other ' descriptions supplied or adopted and that all services will be performed in a Workmanlike manner. ' 28.3 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. 28.4 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 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 promptly, 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 I SP-21 0of Tamarac Purchasing and Contracts Division 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 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 Section 30.1 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. CONTRACT TIME 30.1 The Work shall be commenced upon the date of "Notice to Proceed" and, subject to authorized adjustments, shall be completed within six (6) months. Failure to achieve timely, substantial and/or final completion shall be regarded as a breach of this contract and subject to appropriate remedies including but not limited to liability for liquidated damages in accordance with the Liquidated Damages provisions of the Agreement with the City. 30.2 The Contractor shall provide services as expeditiously as is consistent with reasonable skill and care and the orderly progress of design and construction. 30.3 Time limits stated in the Contract Documents shall be strictly adhered to. The Work to be performed under this Agreement shall commence as directed in the Notice to Proceed unless otherwise agreed in writing. 30.4 Contract Time may only be changed by a properly and fully executed change order that shall exist prior to the extension of the Contract Time. SP-22 City of Tamarac Purchasing and Contracts Division ' 30.5 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 at least ' fifteen (15) days prior to the project completion date. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. 30.6 Extension of time shall be considered and will be based solely upon the effect of delays to work as a whole. Extensions of time shall not be granted ' for delays to work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of the 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 Construction Schedule. Time extensions shall not be granted until all float or contingency time, resulting from the early completion of work on the critical path, available to absorb specific delays and associated impacts is used. 30.7 The Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from the City for direct, indirect, consequential, impact or other costs, expenses or damages including but not limited to costs of acceleration or inefficiency, or extended overhead 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 recovery preclude of damages by the Contractor for hindrances or delays due solely to fraud, bad ' faith or active malicious interference on the part of the City or its agents. Otherwise, the Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for excusable events of delay. The following shall constitute "Excusably: Events of Delay": 30.7.1 An act, delay or order of the City obstructing or delaying the Contractor in the commencement, prosecution or completion of a ' Project activity other than an act, delay or order issued by the City reasonably in good faith in its role as a Government regulator or actions reasonably taken by the City in good faith, in the enforcement of its ordinances, laws, executive orders or rules of general applicability. Nothing under this subsection shall be deemed an Excusable Event of Delay to the extent that ' performance would have been suspended, delayed or interrupted by any other cause, including but not limited to the fault or ' negligence of the Contractor or for which an adjustment or extension to the Project Schedule is made or provided for, or excluded under any other, term or condition of this Contract. 30.7.2 Acts of God, wars, fires (other than those resulting from the negligence or willful misconduct of the Contractor or attributable to SP-23 City of Tamarac t. Purchasing and Contracts Division the Contractor), floods, epidemics, quarantine restrictions and freight embargoes. 30.7.3 Strikes which are unforeseeable or beyond the control of the Contractor to prevent and which are not the result of any or negligence of the Contractor, but only if the Contractor takes reasonable action to perform notwithstanding the strike. Failure to perform because of additional cost shall not be deemed compliance. 30.7.4 Weather conditions exceeding 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. 30.7.5 The City acting reasonably, will determine the number of days, if any, that the Contractor has been delayed. Any disputes over the number of days, if any, that the Contractor has been delayed shall be resolved in accordance with the Dispute Resolution provisions. In addition, the Contractor shall continue performance of the C Contract Documents. 30.8 When any period of time is referred to in the Contract Documents in days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day t made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day. 31. CONSTRUCTION SCHEDULE 31.1 The Contractor shall formulate a construction schedule for the Work to be completed within the timeframe specified within the Delivery section of the General Terms and Conditions, identifying the critical path to be followed by r the Contractor. The Construction Schedule shall be revised and updated for City approval to reflect any granted time extensions. The City shall not approve any unreasonable schedule. The Construction Schedule of Work and all subsequent changes thereto shall be submitted to the City in advance of the required performance. The Construction Schedule of Work shall not exceed the time limits current under the Contract Documents. The Contractor must schedule the prompt obtaining of any required permits. 31.2 The construction schedule shall be in the form of a tabulation, chart or graph and shall be in sufficient detail to show the critical path and the chronological l relationship of all activities contained in the project. These include, but are not limited to: estimated starting and completion dates of various activities, t sP-24 City of Tamarac Purchasing and Contracts Division submittals required to the Engineer/Project Manager for approval, procurement of material and scheduling of equipment. 31.3 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. 31.4 The construction schedule shall reflect the completion of all Work to be ' performed within the specified time and in accordance with the Contract Documents. ' 31.5 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. 31.6 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. 31.7 If the Contractor desires to make changes in the method of operation after ' the construction approval of the construction schedule, or if the Engineering/Project Manager determines that the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineering/Project ' Manager a revised construction schedule for approval. 32. PROTECTION OF PERSONS AND PROPERTY ' 32.1 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. ' 32.2 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. 1 1 32.3 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. 32.4 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 SP-26 of Tamarac, Purchasing and Contracts Division caused in whole or in part by the Contractor, a Contractor of the Contractor or anyone directly or indirectly employed by either of them, or by anyone for whose acts they may be liable. 32.5 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. 32.6 The Contractor shall comply with the requirements of the Florida Trench Safety Act and all applicable OSHA Regulations pertaining to excavation. 32.7 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. 33. TRAFFIC CONTROL AND WORKING HOURS 33.1 The Contractor shall be responsible for maintaining all traffic controls during the entire period of Work. All traffic controls shall conform to Manual of Uniform Traffic Control Device (MUTCD) and Florida Department of Transportation Roadway and Traffic Design Standards, latest editions 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 should be avoided during peak traffic hours. Working hours are set between 8 AM to 4 PM. any deviation shall be approved in advance by the City. 33.2 The Contractor shall be responsible for obtaining any and all required Maintenance of Traffic Permits from the appropriate regulatory authorities. 33.3 Lane blockage will not be permitted without written approval of the Engineer/Project Manager. 33.4 All unit prices provided by the Contractor as a part of this Bid shall include all cost relating to the Maintenance of Traffic including any and all safety equipment necessary, including but not limited to, barricades, signage, traffic markings, arrow boards, etc. 34. HURRICANE & SEVERE WEATHER PRECAUTIONS 34.1 At the direction of the Engineer/Project Manager, the Contractor shall immediately take all protective actions necessary to secure the construction site, materials, debris and equipment. 34.2 All construction materials or equipment will be secured against displacement by wind forces. SP-26 ' City of Tamarac ; Purchasing and Contracts Division 3. 5 WORK BY THE CITY OR CITY 5 CONTRACTORS 35.1 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. ' 35.2 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. ' 35.3 Costs caused b defective or ill-timed y t med Work shall be borne by the party responsible. 1 ' SP-27 of TamaracPurchasing and Contracts Division Important Clarifications to Specifications and Drawings BID 04-20B PROSPECT ROAD LANDSCAPING IMPROVEMENTS — REBID The following additional items are to be considered by the Contractor and included in the submitted bid prices. These items are being included and summarized here for the convenience of the City and the Landscape Architect. These items supersede the drawings. Directional Boring vs. Open Cuts Directional Boring will be required in the following locations: • Across Prospect Road at NW 28th Avenue (Est. 37 L.F. 10" Sleeve). • Across NW 28th Avenue, south side of Prospect Road (Est. 67 L.F. 8" Sleeve). • Across NW 27th Avenue, south side of Prospect Road (Est. 95 L.F. 10" Sleeve). • Across Prospect Road near NW 26th Avenue (Est. 40 L.F. 10" Sleeve). • Across opening east of NW 26th Avenue, south side of Prospect Road (Est. 88 L.F. 4" Sleeve). • Across NW 22"d Avenue, north side of Prospect Road (Est. 75 L.F. 10" Sleeve). Open Cuts can be made in the following locations: • Across NW 27th Avenue, north side of Prospect Road (Est. 120 L.F. 10" Sleeve). • Across NW 261h Avenue, north side of Prospect Road (Est. 92 L.F. 10" Sleeve). • Across NW 24th Avenue, north side of Prospect Road (Est. 75 L.F. 8" Sleeve). • Across NW 23rd Avenue, north side of Prospect Road (Est. 56 L.F. 8" Sleeve). • Across Storage Facility Entrance, north side of Prospect Road (Est. 60 L.F. 8" Sleeve). • Across Parking Lot Entrance, north side of Prospect Road (Est. 35 L.F. 6" Sleeve). • From the north side of Prospect Road to the Cul-De-Sac (Est. 35 L.F. 6" Sleeve). 1 OF 2 City of Tamarac Purchasing and Contracts Division 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Additional Irrigation Conduit The City is requesting the installation of a second 2" sleeve for irrigation control wiring be run adjacent to the conduit to be installed for this project. This conduit shall be installed from the Pump Station to the north side of Prospect Road Road at NW 26ht Avenue. The Sleeve crossing Prospect Road at NW 28t' Avenue shall be increased from 8" as depicted in the plans to 10" to accommodate the additional conduit. Additionally, a 3" tee shall be installed on the terminus of the additional conduit and fitted with a 3" gate valve. Please see the attached drawing for detail of the intersection of Prospect Road and NW 36t' Avenue. 20P2 m 1 1 1 MAP-1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF TAMARAC ROAD RESURFACING PROGRAM TECHNICAL SPECIFICATIONS TABLE OF CONTENTS DIVISION 2 Section 02230 Clearing and Grubbing Section 02235 Tree Protection and Trimming Section 02784 Precast Concrete Pavers Section 02810 Irrigation Section 02905 Tree Relocation Section 02924 Solid Sodding Section 02930 Trees, Shrubs, and Groundcover DIVISION 16 Section 16050 General Electrical Provisions Section 16200 Electrical Directional Bore 5/25/2004 (Revised) u 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 02230 CLEARING AND GRUBBING TAMARAC ROAD RESURFACING PROGRAM PART 1- GENERAL 1.01 DESCRIPTION A. The complete removal and disposal of all vegetation, stumps, roots, rubbish and debris and all other obstructions resting on or protruding through the surface of the existing ground and the surface of excavated areas, as shown in the Drawings or as necessary to construct the project including trees noted 'To Be Removed'. B. Removal, stump grinding and disposal of trees 'to be removed'. C. Stripping surface vegetation. D. Pruning of all trees, which are to remain, within the limits of the site, in accordance with the parameters set forth in the contract documents. E. Removal of all vines, suckers, weeds, dead branches and other undesirable vegetation from the area of work. F. Identify and flag items designated in the Drawings or in the field to remain. G. Protection and stockpiling of those items designated to remain. H. Disposal of waste materials off -site. 1. The contractor is to hire, engage or have on staff a iqualified arborist who has successfully completed tree and shrub protection, trimming, and repair projects who has 5 years or more experience, to advise on proper protection and repair of existing plant material. J. Related Work: 1. Division 2 - Tree Protection and Trimming, Irrigation System, Trees, Shrubs and Groundcover and Solid Sodding. PART 2 - PRODUCTS (Not Used) PART 3-EXECUTION 3.01 PREPARATION A. All trees are to remain unless directed otherwise in the field by the Owner's Representative or noted on the drawings. 05/25/04 (Revised) 02230-1 SECTION 02230 CLEARING AND GRUBBING TAMARAC ROAD RESURFACING PROGRAM , B. Protect tree root systems from damage due to noxious materials in solution caused by run-off or spillage ' during mixing and placement of construction materials, or drainage from stored materials. Protect root systems from flooding, erosion or excessive wetting resulting from dewatering operations. C. Provide temporary fencing, barricades or guards to protect trees and other plants that are to remain from ' damage. D. Protect root systems from compaction. Do not store construction materials, debris or excavated material t within drip line (outer perimeter of branches). Do not permit vehicles to park within drip line; avoid driving vehicles within drip line wherever possible. Restrict foot traffic to prevent excessive compaction of soil over root systems. E. Do not allow fires under or adjacent to trees or other plants which are to remain. F. Existing signage within medians is to remain. Any existing signage which is disturbed shall be ' reinstalled immediately at the direction of the City's Representative. 3.02 DEPTH OF REMOVAL A. In areas of tree removal, all roots and other debris shall be removed to a minimum depth of one foot below finish grade in proposed "grass" areas and two (2) feet below grade in all other landscape and paved area. 3.03 STRIPPING A. The area within hardscape construction zones shall be stripped of all vegetative and organic material to a minimum depth of b inches, but in no case shall stripping extend outside the right-of-way or property line unless specifically designated in the plans. Material suitable for top soil or for fill in unpaved areas shall be stockpiled. Stripping under the drip line of protected or trees to remain shall be by non -mechanical or machine methods. Stripping must be done with hand tools. 3.04 PROTECTION OF ITEMS TO REMAIN A. Improvements, vegetation, or other features that are to remain in place shall be carefully protected from injury and not be displaced. 3.05 EXCAVATION AROUND TREES A. Excavate within drip line of trees only where indicated and by non -mechanical or machine methods. Stripping must be done with hand tools. B. Relocate roots in backfill areas wherever possible. If large, main lateral roots are encountered, expose beyond excavation limits as required to bend and relocate without breaking. If encountered immediately adjacent to location of new construction and relocation is not practical, cut roots approximately 3' back from new construction. 05/25/04 (Revised) 02230-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 02230 CLEARING AND GRUBBING TAMARAC ROAD RESURFACING PROGRAM C. Do not allow exposed roots to dry out before permanent backfill is placed; provide temporary earth cover, or pack with peat moss and wrap with burlap. Water and maintain in moist condition and temporarily support and protect from damage until permanently relocated and covered with earth. D. Prune branches to balance loss to root system caused by damage or cutting or root system. 3.06 REPAIR AND REPLACEMENT OF TREES A. Repair or replace trees damaged by construction operations, in a manner acceptable to the Owner's Representative. Make repairs promptly after damage occurs to prevent progressive deterioration of damaged trees. B. Remove dead and damaged trees, which are determined by the City to be incapable of restoration to normal growth patterns. C. Replaced trees are to be installed a minimum of four (4) feet from existing underground utilities. 3.07 MOWING OF REMAINING VEGETATION A. Mow all remaining weeds, grass and other vegetation within the area of work unless otherwise directed by the City. B. Take care not to damage existing trees during mowing operations. 05/25/04 (Revised) END OF SECTION 02230 02230-3 SECTION 02230 ' CLEARING AND GRUBBING TAMARAC ROAD RESURFACING PROGRAM , B. Protect tree root systems from damage due to noxious materials in solution caused by run-off or spillage , during mixing and placement of construction materials, or drainage from stored materials. Protect root systems from flooding, erosion or excessive wetting resulting from dewatering operations. C. Provide temporary fencing, barricades or guards to protect trees and other plants that are to remain from ' damage. D. Protect root systems from compaction. Do not store construction materials, debris or excavated material ' within drip line (outer perimeter of branches). Do not permit vehicles to park within drip line; avoid driving vehicles within drip line wherever possible. Restrict foot traffic to prevent excessive compaction of soil over root systems. ' E. Do not allow fires under or adjacent to trees or other plants which are to remain. F. Existing signage within medians is to remain. Any existing signage which is disturbed shall be , reinstalled immediately at the direction of the City's Representative. 3.02 DEPTH OF REMOVAL ' A. In areas of tree removal, all roots and other debris shall be removed to a minimum depth of one foot below ' finish grade in proposed "grass" areas and two (2) feet below grade in all other landscape and paved area. 3.03 STRIPPING 1 A. The area within hardscape construction zones shall be stripped of all vegetative and organic material to a minimum depth of 6 inches, but in no case shall stripping extend outside the right-of-way or property line unless specifically designated in the plans. Material suitable for top soil or for fill in unpaved areas shall be stockpiled. Stripping under the drip line of protected or trees to remain shall be by non -mechanical or machine methods. Stripping must be done with hand tools. 3.04 PROTECTION OF ITEMS TO REMAIN A. Improvements, vegetation, or other features that are to remain in place shall be carefully protected from , injury and not be displaced. 3.05 EXCAVATION AROUND TREES ' A. Excavate within drip line of trees only where indicated and by non -mechanical or machine methods. ' Stripping must be done with hand tools. B. Relocate roots in backfill areas wherever possible. If large, main lateral roots are encountered, expose beyond excavation limits as required to bend and relocate without breaking. If encountered immediately adjacent to location of new construction and relocation is not practical, cut roots approximately 3' back from new construction. 05/25/04 (Revised) 02230-2 1 ' SECTION 02235 TREE PROTECTION AND TRIMMING ' TAMARAC ROAD RESURFACING PROGRAM PART 1- GENERAL ' 1.01 WORK INCLUDED ' A. This Section includes trimming and protection of trees that are indicated to remain but interfere with or are close to new construction, as herein specified. Trees that are to remain and must be protected are indicated on the Drawings. ' 1.02 RELATED WORK A. Division 2 — Tree Relocation, Irrigation System, Trees, Shrubs and Groundcover, Clearing and ' Grubbing and Solid Sodding 1.03 SUBNHTTALS ' A. Certification: Submit written certification by qualified arorist that trees indicated to remain have been protected during the course of construction in accordance with recognized standards and that where damage did occur, trees were promptly and properly treated. Indicate which damaged trees (if any) are ' incapable of retaining full growth potential and are recommended to be replaced. 1.04 QUALITY ASSURANCE ' A. Arborist Qualifications: The contractor is to, hire, engage or have on staff a qualified aborist who has successfully completed tree and shrub protection and trimming projects who has 5 years or more experience, to perform the following work: 1. Remove branches from trees that are to remain, if required. ' 2. Recommend procedures to compensate for loss of roots and perform initial pining of branches, root pruning and stimulation of root growth where removed to accommodate new construction. ' 3. Recommend procedures for excavation and grading work juxtaposed to established plants. 4. Perform tree repair work for damage incurred by new construction. 1.05 PROJECT CONDITIONS A. As detailed in the drawings. 05/25/04 (Revised) 02235-1 SECTION 02235 TREE PROTECTION AND TRIMMING TAMARAC ROAD RESURFACING PROGRAM PART 2 - PRODUCTS 2.01 GENERAL A. To be approved by Arborist and/or Owner's Representative. PART 3 - EXECUTION 3.01 GENERAL A. Protect tree and shrub root systems from damage due to noxious materials caused by run-off or spillage during mixing, placement, or storage of construction materials. Protect root systems from flooding, eroding, or excessive wetting resulting from dewatering operations. B. Do not allow fires under or adjacent to trees or other plants that are to remain. C. Remove branches from trees that are to remain, if required to clear new construction. 1. Where directed by the Landscape Architect, extend pruning operation to restore the natural shape of entire tree. (Le. if one side of the tree is butchered, the other side of the tree might require trimming in order to restore the shape of the tree to what is indicative to a particular species.) 2. Cut branches and roots, if required, with sharp pruning instruments; do not break or chop. 3.02 EXCAVATION AROUND TREES AND SHRUBS A. Excavate within proximity of trees and shrubs only where indicated. Do not machine excavate within , drip -line. B. Where excavating for new construction is required within drip line of trees, hand excavate to minimize damage to root systems. Provide sheeting at excavations if required. Use narrow -tine spading forks ' and comb soil to expose roots. 1. Relocate roots in backfill areas wherever possible. If large, main lateral roots are , encountered, expose beyond excavation limits as required to bend and relocate without breaking. If encountered immediately adjacent to location of new construction and relocation is not practical, cut mots approximately 3" back from new construction. C. Do not allow exposed mots to dry out before permanent backfill is placed; provide temporary earth cover or pack with peat moss and'wrap with burlap. Water and maintain in moist condition and temporarily support and protect from damage until permanently relocated and covered with earth. , D. No trenching for utilities is permitted within drip line, tunnel around roots. Do not cut main lateral ' roots or tap roots; cut only smaller mots that interfere with installation of new work. Cut roots with sharp pruning instruments; do not break or chop. E. Prune branches to balance loss to root system caused by damage or cutting of root system. ' 05/25/04 (Revised) 02235-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 02235 TREE PROTECTION AND TRIMMING TAMARAC ROAD RESURFACING PROGRAM 3.03 GRADING AND FILLING AROUND TREES A. Refer to the Contract Drawings. 3.04 REPAIR AND REPLACEMENT OF TREES AND SHRUBS A. Repair trees and shrubs damaged by construction operations. Make repairs promptly after damage occurs to prevent progressive deterioration of damaged trees. B. Remove and replace dead and damaged trees and shrubs that arborist determines to be incapable of restoration to normal growth pattern. 1. Provide new trees and shrubs of same size and species as those being replaced. Plant and maintain as specified under Section "Trees and Shrubs." 2. If trees over 6" in caliper measurement (taken 12" above grade) are required to be replaced, provide new trees of 6" caliper size and of species selected by the Architect. 3.05 DISPOSAL A. Bunting on Owner's property of removed trees and branches is not permitted on site. B. Removal from Owner's Property: Remove excess excavation, displaced trees, and trimmings and dispose of off Owner's property. END OF SECTION 02235 05/25/04 (Revised) 02235-3 SECTION 02784 PRECAST CONCRETE PAVERS TAMARAC ROAD RESURFACING PROGRAM PART 1- GENERAL 1.01 WORK INCLUDED The work included in this section consists of furnishing all labor, materials and supervision required to supply and place sand laying course, supply and install interlocking concrete paving stones in the quality, shape, thickness and color specified, and to supply and place all accessory items as required by the contract. 1.02 RELATED WORK A. Division 2 - Tree Protection and Trimming, Tree Relocation, Irrigation System, Solid Sodding, Clearing and Grubbing and Trees, Shrubs and Groundcover. 1.03 QUALITY ASSURANCE A. All Federal, State, and Local Governing Agency requirements and industry standards applicable to this section are hereby made part of this specification. B. Work shall not commence until all permits applicable to this section have been secured. C. The Owner's representative shall have the right at any stage of the construction operation to reject any and all work and materials that, in his opinion, do not meet the requirements of these specifications. Such rejected work and materials shall be immediately removed from the site and replaced in an acceptable manner. 1.04 GUARANTEE A. The Contractor shall guarantee the paver installation for a period of one year from the date of final acceptance. 1.05 SUBMITTALS A. Installation Schedule: 1. Submit for approval a Paver Installation Schedule showing dates for starting each paver in each area and or roadway. B. Samples: 1. Provide Owner's Representative with ten (10) pavers indicative of what will be installed. 1.06 PRODUCT HANDLING A. Paving stones shall be delivered and unloaded at jobsite with or without pallets and bound in such a manner that no damage occurs to the product during handling, hauling, or unloading. 5/27/2004 02784-1 1 u 1 r" 1 1 1 r 1 1 1 1 1 SECTION 02784 PRECAST CONCRETE PAVERS TAMARAC ROAD RESURFACING PROGRAM 1.07 PROJECT CONDITIONS A. Existing Conditions: 1. Examine the project site, verify elevations, observe the conditions under which the work is to be done, and notify the Owner's Representative of any unsatisfactory conditions. 2. Do not proceed with work on this Section until conditions have been corrected satisfactorily. 3. Utilities: a. Determine location of underground utilities. b. Numerous underground utilities exist within the project area. The Contractor shall exercise care in digging and other work so as to not damage existing work including underground cables and pipes. Excavation of paver area within five feet (5) of utilities shall be performed by hand. C. Should such underground obstructions be encountered which interfere with his work, the Owner's Representative shall be notified at once. d. The Contractor shall be responsible for the immediate repair of any damage caused by his work, and shall be responsible for any disruption of service caused by this damage. Patching and replacing damaged work shall be accomplished by the'Owner's designated Contractor and the cost of this will be paid by the CONTRACTOR. 4. Maintain grade stakes set by others until removal is approved by all parties concerned. 5. Excavations: a. When conditions detrimental to sound construction are encountered such as rubble fill, adverse drainage conditions, or obstructions, notify the Owner's Representative prior to planting. 6. All signs excluding stop signs are to be relocated outside the paver area prior to the installation of the paver base at the direction of the City's representative. B. Protection: Protect and maintain, as part of the work of this Section, all existing plant material, utilities and structures. C. Sequencing and Coordination: 1. Coordinate the work of this Section with related work of other disciplines and inform the Owner's Representative of any scheduling or other discrepancies relating to work to be performed. 2. Site grading, soil import, and preparation has been completed and approved. 5/27/2004 02784-2 1 SECTION 02784 ' PRECAST CONCRETE PAVERS TAMARAC ROAD RESURFACING PROGRAM ' a. Substantial provision for irrigation has been provided to maintain plant materials. 3. Proceed with and complete the paver installation work as rapidly as possible as portions of the site become available, or as otherwise directed. PART2-PRODUCTS 2.01 SOLID CONCRETE INTERLOCKING PAVING STONES: Paving stones shall be as noted on plan(s) conforming to ASTM C936-82. Paving stones' thickness shall be: 2 3/8" (6 cm). Paving stones color shall be as noted on plans. Submit samples to Owner for selection. A. Cementitious Materials Portland Cements shall conform to ASTM Specification C-150. B. Aggregates shall conform to ASTM Specification C-33 for Normal Weight Concrete Aggregate Expanded shale or lightweight aggregates particles are not acceptable. C. Other Constituents Coloring pigments, air-intraining agents, integral water repellents, finely ground silica, etc., shall conform to ASTM standards where applicable, or shall be previously established as suitable for use in concrete. D. Physical Requirements 1. Compressive Strength At the time of delivery to the work site, the average compressive strength shall not be less than 8,000 psi with no individual unit strength less than 7,200 psi with testing procedures in accordance with ASTM Standard C-140. 2. Absorption The average absorption shall not be greater than five percent (50/6) with no individual unit absorption greater than seven percent (7%). 3. Proven Field Performance Satisfying field performance is indicated with units similar in composition, and made with the same manufacturing equipment as those to be supplied to the purchaser, do not exhibit objectional deterioration after at least one (1) year. 5/27/2004 02784-3 1 1 1 1 1 1 1 SECTION 02784 PRECAST CONCRETE PAVERS TAMARAC ROAD RESURFACING PROGRAM E. Visual Inspection All units shall be sound and free of defects that would interfere with the proper placing of the unit or impair the strength or permanence of the construction. Minor cracks incidental to the usual methods of manufacture, or minor chipping resulting from customary methods of handling in shipment and delivery, shall not be deemed grounds for rejection. F. Sampling and Testing The Owner or Owner's representative shall be accorded proper facilities to inspect and sample the units at the place of manufacture from lots ready for delivery. 2. Sample and test units in accordance with ASTM Method C-140. G. Rejection In case the shipment fails to conform to the specified requirements, the manufacturer may sort it, and new test units shall be selected at random by the Owner or Owner's representative from the retained lot and tested at the expense of the manufacturer. In case the second set of test units fails to conform to the specified requirements, the entire lot shall be rejected. H. Expense of Tests The expense of inspection and testing shall be borne by the Contractor. 2.02 SAND LAYING COURSE A. The sand laying course shall be a well graded, clean washed, sharp sand with 100 percent passing a 3/8" sieve size and a maximum of three percent passing a No. 200 sieve size. This is commonly known as manufactured concrete sand, limestone screening, or similar. DO NOT USE MASON SAND. The sand laying course should be the responsibility of the paving stone installer. PART 3 - EXECUTION The paving stone installer/contractor must have related experience in the installation of interlocking concrete paving stones. 3.01 PREPARATION OF SAMPLE Prepare an 8' x 8' or larger sample of the area to be constructed for review and approval by the Landscape Architect or Owner's Representative prior to beginning construction. 3.02 PREPARATION OF THE BASE COURSE A. A suitable base must be prepared in accordance with the manufacturer's specifications. 5/27/2004 02784-4 SECTION 02784 PRECAST CONCRETE PAVERS TAMARAC ROAD RESURFACING PROGRAM B. The base course shall be shaped to grade and cross section with an allowable tolerance of 1/4" (5 cm). C. The compacted based shall be 3 1/8" (80 mm) below final grade for 2 3/8" (6 cm) pavers and 3 7/8" (100 mm) below final grade for 3 1/8" (8 cm) pavers. 5/27/2004 02784-5 1 ' SECTION 02784 PRECAST CONCRETE PAVERS TAMARAC ROAD RESURFACING PROGRAM ' 3.03 CONSTRUCTION OF THE SAND LAYING COURSE ' A. The finished base course shall be approved before the placement of the sand laying course. B. The uncompacted sand laying course shall be spread evenly over the area to be paved and then screened to ' a level that will produce 1-1/2" thickness when the paving stones have been placed. Normally, it is good practice to have final elevation of paving stones slightly higher than adjacent curb, gutters, and other paving to allow for any minor settling that may occur within the base. ' C. Once screened and leveled to the desired elevation,this sand laying course shall not be disturbed in any way. 3.04 LAYING OF CONCRETE PAVING STONES A. The paving stones shall be laid as shown on the contract drawings. ' B. The paving stones shall be laid in such a manner that the desired pattern is maintained and the joints between the stones are as tight as possible. For maximum interlock, it is recommended that joints between ' stones do not exceed 1/8" (3 nun). C. String lines should be used to hold all pattern lines true. ' D. The gaps at the edge of the paver surface shall be filled with standard edge stone or with stones cut to fit. Cutting shall be accomplished to leave a clean edge to the traffic surface using a double headed breaker or a masonry saw. However, when cutting precision designed areas, a masonry saw is recommended. ' Whenever possible, no cuts should result with a paver less than 1/3 of original dimension. E. Paving stones shall be vibrated into the sand laying course using a vibrator capable of 3,000 to 5,000 ' pounds compaction force with the surface clean and joints open. F. After vibration, clean masonry type sand containing at least 30 percent of 1/8" (3 mrn) particles shall be spread over the paving stone surface, allowed to dry, and vibrated into joints with additional vibrator passes ' and brushing so as to completely fill joints. G. Surplus material shall then be swept from the surface or left on surface during construction time to insure complete filling of joints during initial use. This sand also may provide surface protection from ' construction debris. ' H. Upon completion of work covered in the Section, the Contractor shall clean up all work areas by removing all debris, surplus material and equipment from the site. END OF SECTION 02784 ' 5/27/2004 02784-6 PART I - GENERAL 1.1 WORK INCLUDED 1.2 1.3 SECTION 02810 IRRIGATION TAMARAC ROAD RESURFACING PROGRAM A. The work under in this section includes, but is not necessarily limited to: 1. Furnish and install automatically controlled irrigation systems and associated equipment for various roadway improvements in the City of Tamarac, Florida. 2. Furnish and install irrigation pumping stations. 3. Coordination with the power company for electrical supply to pumps and controllers. 4. Furnishing all labor, materials and equipment for the proper design, installation, and testing of the irrigation system. 5. Trenching, backfill, and directional boring for pipe and control wire installation. 6. Testing all systems and making the system operational 7. Provide "As -Built" drawings. QUALITY ASSURANCE A. Work shall conform to all ANSI, ASTM, Standards and Specifications, and all applicable building codes and other public agencies having jurisdiction. Failure to do so will make the Contractor liable for damage arising from his operations subsequent to discovery of such utilities. B. Obtain all permits. Pay required fees to any governmental agency having jurisdiction over the work. Inspections required by local ordinances during the course of construction shall be arranged as required. On completion of the work, satisfactory evidence shall be furnished the Owner's Representative to show that all work has been installed in accordance with the ordinances and code requirements. JOB CONDITIONS A. Where the terms "approve", "approval", or "approved" are used in the specifications, they shall mean the approval of the Owner or the Owner's Representative in writing. B. A conference shall be held between the Contractor and the Owner and/or the Owner's Representative concerning and work under this section before any work is started. C. Coordinate and cooperate with other contractors on the site to enable the work to proceed as ' rapidly and efficiently as possible. D. Contractor's Inspection of Site: 1. Become familiar with site conditions. Should utilities not shown on the plans be found during excavations, promptly notify the Owner's Representative for instructions as to further actions on how to proceed. 2. Make necessary adjustments in the layout as required to connect the new system to the pump water source. Work around existing improvements, as required, to complete the work. 5/25/2004 02810-1 SECTION 02810 IRRIGATION TAMARAC ROAD RESURFACING PROGRAM 3. Field -locate the irrigation pumping stations and obtain approval of the Owner's Representative for the location prior to the setting of the pump station. Adjust the site location of irrigation pump stations from that shown on the drawings, as required, to meet field conditions and to better accommodate and economize electrical power source connections. E. Take precautions to protect existing site conditions including plants, trees, etc., to remain or new planting. Should damages be incurred, repair the damage to its original condition to the satisfaction of the Owner's Representative. R The Owner reserves the right to substitute, add, or delete any material or work as the work progresses. Adjustment to the contract price shall be negotiated if deemed necessary by the Owner or Owner's Representative. G. The Owner or the Owners Representative reserves the right to reject material or work not in conformance with the Contract Documents. Rejected work shall be removed or corrected within fourteen working days from time of notice from the Owner' Representative. 1.4 SUBMITTALS A. The Contractor shall coordinate all work with the City and submit a schedule of work within 15 days after award of the contract. The Contractor shall include all aspects of the work on a weekly schedule. B. Provide six copies of manufacture's cut sheets of products necessary to provide the entire system outlined in the specifications or as shown on the drawings. The cut sheets shall list manufacturer's name, catalog name and catalog number as well as size, type, and illustration of product to be supplied. The information shall be supplied to the Owner's Representative for review and response. Only when Owner's Representative approves contractor's cut sheets and drawings and required information shall the contractor begin Construction. C. Prepare "As -Built" drawings as required by the Conditions of the Contract. For irrigation work include in the "As -Built" drawings all deviations from the construction documents made during construction affecting but not limited to the plain line pipe, pump station, controller, remote control valves, pump station changes, changes in equipment and all sprinkler heads. Show all main line pipe locations from the pumping station to the zone valves and indicated the zone valve location, including pipe sleeve locations or road crossings. The drawings shall also show approved substitutions of size, material and manufacturer's name and catalog number. Two copies of the drawings shall be delivered to the Owner before final acceptance of work. 1. Store "As -Built" drawings apart from documents used for construction and as required in other Sections of this Project Manual. Maintain drawings in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. Make documents available at all times for observation by the Owner or Owner's Representative. 2. Label each document "As -Built" in neat, large, printed letters or by rubber stamp. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. 5/25/2004 02810-2 SECTION 02810 IRRIGATION TAMARAC ROAD RESURFACING PROGRAM 3. Legibly mark to record actual construction and installation, including: - Horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. - Field Changes of dimensions and detail. - Changes made by Field Order or by Change Order. Details not on original Contract Drawings. 4. "As -Built" drawings shall be kept updated and shall be reviewed by Owner or Owner's Representative during the course of the work. If during the course of the work the Record Documents are found substantially incorrect or substantially behind the progress of the work, the Owner may find the Contractor in default of the Contract and take necessary actions as deemed necessary to have the "As -Built" drawings updated. 5. The Contractor shall engage the services of a registered professional engineer or land surveyor in the State of Florida to prepare Record Drawings of the improvements. The Contractor shall deliver mylar sepias of the as -built project, signed, sealed and dated by the responsible professional. In addition, 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. Record Drawings submitted to the City as part of the project acceptance shall comply with the City's requirements. 6. Accompany submittal of Record Documents with transmittal letter as required in other Sections of this Project Manual and include the following: Date Project title and number Contractor's name and address Title and number of each As -Built Signature of contractor or his authorized representative signifying the "As -Built" drawings are correct with final installation of the irrigation system. PART 2 — PRODUCTS 2.1 GENERAL A. All materials throughout the system shall be new and in new condition. No deviations from the specifications shall be allowed without prior written approval by the Owner or Owner's Representative. 2.2 IRRIGATION PVC PIPE AND ACCESSORIES A. The irrigation system pipe shall be as stated herein and shall be furnished, installed, and tested in accordance with these specifications and as required on the Drawings. Unless otherwise stated on the drawings, all fittings for pipe shall be capable of withstanding a sustained pressure of at least 200 P. S. I. All mainline PVC (polyvinyl chloride) pipe shall be Schedule 40 IPS plastic pipe and meeting all requirements of A.S.T.M. Specifications D-1784 and D-2241, D-3139, F-477. Laterals shall be class 200 PVC pipe. 5/25/2004 02810-3 SECTION 02810 IRRIGATION TAMARAC ROAD RESURFACING PROGRAM 2. All swing joints and risers shall be a$ indicated on the Drawings. 3. Fittings for all main pipe diameters shall be Schedule 40 PVC solvent welded fittings. No other fittings are acceptable without approval of the Owner. 4. Fittings for non -pressurized laterals, shall be solvent welded PVC Schedule 40 plastic pipe. 5. Solvent weld cement shall be Weld -On 2711 Grey and the primer shall be Weld -On P70 Purple, or approved equals, and distinguished as being easily recognizable from each other and from the pipe. 6. All sleeves for pipe and control wiring shall be Schedule 40 PVC (polyvinyl chloride) sleeves with an inside diameter at least 2" greater than the outside diameter of the pipe and/or wire bundle it is to hold or be of larger size needed to install the required pipe and wire after the sleeve in placed. All sleeves installed shall be plainly marked in field and on As -Built drawings for future ease of location. Mark sleeves end locations with magnetic locator tape sufficient to detect the location with electronic equipment. 7. Joint compound shall be slow drying,, heavy-duty Weld -On 2711 Grey; primer and shall be Weld -On P70 Purple and compatible with joint compound as recommended by the manufacturer or polyvinyl chloride pipe. 2.3 SPRINKLER HEADS A. Each sprinkler shall be easily serviceable from the top and shall perform to the manufacturer's specifications concerning diameter of throw and gallons per minute at given pressures. Spacing of irrigation heads shall not exceed the manufacturer's recommendations. Spacing is indicated on the Drawings. B. Pop-up spray heads shall be fixed spray -type designed for in -ground installation and have a screening device mounted beneath the spray nozzle. Models as shown on the Drawings. 2.4 ELECTRIC VALVES A. Valves for sprinkler sections shall be low voltage automatic remote control valves as specified on the Drawings. 2.5 VALVE BOXES A. Valve boxes shall be of a size to cover the entire valve, pressure reducing module, solenoid, fittings and at least six inches of pipe on both sides of the valve. The boxes shall be of sufficient size to provide for ease of access for maintenance of the equipment. The cover shall be imprinted to identify the valve boxes as irrigation valve. All valve boxes shall be heavy duty and shall match in manufacturer size and markings. B. All valve boxes shall be set with the top of lids flush with finished grade. Adjacent boxes shall be parallel with each other and running in the same direction. 5/25/2004 02810-4 SECTION 02810 IRRIGATION TAMARAC ROAD RESURFACING PROGRAM 2.6 ELECTRIC CONTROLLERS A. Sprinkler controllers shall provide for completely automatic operation of the sprinkler system. It shall be mounted within the pumping station box as shown and as specified below. B. The controller box shall have weatherproof construction. C. Establish an initial watering schedule and provide the Owner with a copy of the established schedule. Leave one copy of the watering schedule inside the controller front cover. D. The automatic controller shall be Rain Bird or equal, Model ESP -MC, size as shown in these Specifications and on the plan drawings. 2.7 IRRIGATION CONTROL WIRE A. All electrical control and ground wire shall be irrigation control cable. All wiring to be used for connecting the automatic remote control valves to the automatic controller shall be Type "UF"', 600 volt, solid copper, single conductor wire with PVC insulation and bear UL approval for direct underground burial feeder cable. Insulation shall be 4/64" thick minimum covering of an approved thermoplastic compound for positive waterproof protection of sizes AWG size 14 through and including AWG size 10. AWG size 8 through AWG size 00 shall be insulated with 5/64" of the approved thermoplastic compound. Minimum 14 gage wire shall be used. B. All control wire and common wire shall be installed in Schedule 40 PVC gray conduit when placed inside pipe sleeves for road and pavement crossings. C. Each control wire shall run from the valve to the controller and connect to the corresponding numbered station post. Any required wire splicing shall be done only in valve boxes. One control wire shall operate only one valve. D. Verification of wire types and installation procedures shall be checked to conform to local codes. 2.8 GATE VALVES A. Gate valves shall conform to requirements of AWWA C-500 as specified on the drawings and have non -rising stem with solid wedge gates. 2.9 IRRIGATION PUMP STATIONS A. General 1. Furnish and install complete skid mounted pumping systems with electrical controls, pipe manifolds, valves, and all accessories and pipe. 2. Each pump station shall be completely independent of the other and function only with it own controls and intake pipe. 3. Assemble the pumping stations giving consideration to convenience to use, maintenance, and future repairs. All intended features shall work properly and reliably. 4. Materials exposed to the weather shall be corrosion resistant and shall not be harmed by spraying water. 5. Components mountings shall be sturdy and solid, with sufficient clearance to safely access, operate, and repair without significant disassembly of other components. 6. The stations shall be manufactured, tested, and then shipped to the site. 02810-5 5/25/2004 SECTION 02810 IRRIGATION TAMARAC ROAD RESURFACING PROGRAM B. Manufacturer and Model 1. Manufacturer: Hoover Pumping Systems 2620 NW 15'' Court Pompano Beach, Florida 33069 Telephone: 954-971-7350 2. Pump station Models shall be as indicated on the irrigation Drawings. 3. Components for the pumping stations shall be as specified and required by the irrigation drawings and as manufactured by Hoover Pumping Systems. The Rain Bird irrigation controller shall be installed within the pumping stations. PART 3 - EXECUTION 3.1 GENERAL A. The irrigation system shall be installed in accordance with the irrigation drawings, local codes, approved shop drawings, and contract specifications. B. The water sources for the systems are from existing canals and water bodies or by connection to City potable water supplies as shown. C. Locate electrical supply source and coordinate the pump connection requirements with the power supplier to assure availability of power. 3.2 PREPARATION A. Layout irrigation sprinklers main lines. Adjust pipe layout to laterals as required due to site modifications prior to excavation. B. Stake the sprinkler locations and check for uniformity of coverage and correctness of pattern. C. Locate valves to assure ease of access for maintenance and assure there are no physical interferences with other elements of the project. Align adjacent valve boxes to be parallel with each other. D. Furnish temporary support, adequate protection, and maintenance of all underground and surface utilities, structures, drains, sewers, and other obstructions encountered in the progress of the work. E. Where the grade or alignment of the pipe is obstructed by existing utility structures such as conduit, ducts, and pipe branch connections to sewer mains, main drains, water services, and the obstruction shall be permanently supported, relocated, removed, or reconstructed by the contractor in cooperation with the Owner of such utility. Work on utilities shall meet the requirements of the utility company. F. Route the pipe around existing trees and plants) where the trenching could effect the growth and viability of the plant. No deviation from the required grade shall be made without the written direction of the Owner's Representative. 3.3 PIPE INSTALLATION A. Excavation shall be unclassified and shall include all materials encountered in the excavation of trenches for pipe installation. The trench shall be of sufficient width and depth for installation of the pipe. Cause minimum disturbance to existing conditions. Bore under existing pavement, sidewalks, curbing, etc., rather than cut and restore. No pavement shall be cut without the Owner's Representative express written permission. 5/25/2004 02810-6 SECTION 02810 IRRIGATION TAMARAC ROAD RESURFACING PROGRAM B. Pipe and fittings shall be delivered and stored on the job site with suitable protection against damage. C. Trenches shall be made wide enough to allow a minimum of 6 inches between parallel pipe lines. If not otherwise shown on the Drawings, trenches for pipes shall be made of sufficient depths to provide the minimum cover from finish grade as follows: 1. 36" — minimum cover for all sleeving. 2. 30" - minimum cover over main lines. 3. 30" - minimum cover over control wires and conduit. 4. 18" - minimum cover over lateral lines to heads. D. Maintain all warning signs, shoring, barricades, flares, and red lanterns as required by the Safety Orders of the Division of Industrial Safety and any local ordinances and codes. E. The pipe and fittings shall be carefully inspected before installation in the trench. All rocks over 1" in diameter and unsuitable bearing material shall be removed from trench in strict accordance with the pipe manufacturer's recommendations for bedding of the pipe. F. Compression Joints: The bell end shall be clean, dry, and shall have the proper compression ring installed without lubricant and in the proper position. The spigot end shall be clean and lubricated with the recommended lubricant. The spigot end shall then be pushed "home" as indicated when the manufacturer's reference mark is flush with the end of the bell. The completed joint shall then be carefully laid in the trench. G. Solvent -welded joints shall be made only on clean, dry, square -cut, smooth pipe sections. The fitting shall be "dry" tested for proper size before solvent is applied. The assembly shall proceed in accordance with recommended procedures furnished by the manufacturer. H. "Snake" solvent -welded pipe sections from side to side in the trench to prevent joint rupture due to thermal contraction. I. Pipe openings shall be plugged during construction to prevent entrance of foreign materials. J. Pipes placed under roadways, walkways, and other pavements, shall be in Schedule 40 P. V. C. pipe sleeves. The inside diameter of the pipe sleeve shall be two inches, minimum, larger than the outside diameter of the pipe or the combined outside diameter of pipes installed in the sleeve. Extend sleeves 24-inches on each side of the pavement and mark with magnetic tape for future location by electronic equipment. K. Backfill shall be carefully placed to avoid pipe dislocation. 1. Backfill material shall be free of rocks, stumps, roots and other unsuitable material. 2. In planting area, the top six inches (6") shall be suitable planting soil similar to the landscape plant medium. 3. Backfill shall be placed in six inch (6") lifts and shall be thoroughly compacted, except in planting area where planting soil is used. 4. Backfill under pavements or sidewalks shall be compacted to a minimum density of 98% optimum moisture according to A. A. S. H. T. O. T-180. The surface of the back -filled trenches shall be even with the surrounding ground surface. 02810-7 5/25/2004 SECTION 02810 IRRIGATION TAMARAC ROAD RESURFACING PROGRAM 3.4 SPRINKLER HEAD INSTALLATION A. Drawing plans are schematic in nature. Locate all sprinkler heads as required to meet field conditions and adjust nozzles, spray patterns and make other adjustments required to give the landscaped areas full, complete, and proper water distribution. Meet the manufacturer's installation and adjustment requirements. B. Change head nozzles as required to provide optimum spray coverage and meet field conditions and provide full watering of landscaped areas. Use only Rain Bird heads and nozzles. C. Sprinkler heads located along curbs and edges of walks or paving shall be installed 6" from back of curb or paving. 3.5 CONTROLLER INSTALLATION A. The automatic irrigation controller shall be furnished and installed in the irrigation pumping station. B. Irrigation system shall be installed, adjusted,and properly calibrated to operate the completed automatic system. The initial operation watering frequency set by the contractor shall provide an even precipitation rate in all landscape areas of one and one-half inch (1-1/2") per week. This amount may be increased or decreased as required for providing optimum watering of the new plants and grass. 2. Set the operating times and days of operation to meet the requirements of the South Florida Water Management District for water use and conservation. Both the operation time and frequency may vary if necessary during the construction Phase for plant material grow -in periods provided that any such variation is coordinated and approved with the Owner's Representative and other contractors C. Install an automatic rain shut-off device to stop the controller operation in event of rain. Installation shall be inside the pump box with the controller and located under a stainless steel screen in the top of the box. 3.6 CONTROL WIRE INSTALLATION A. Install control wires in Schedule 40 PVC Conduit at least 30" below finish grade. Provide 30" looped slack at valve boxes. B. No underground splices shall be made except at electric valves in valve boxes. Solder splices and coat with elastometric waterproof cement. Wrap with electrical tape and coat again with elastometric waterproof cement. Waterproof pre -manufactured wire connections may be used if the device is designed by the manufacture for below grade wire connections and installation. 3.7 PUMP STATION A. Install the pump stations where shown and as directed by the Owner's Representative. B. Place the pump water intake screens sufficiently above the bottom of the water body to avoid intake of sediment and at a sufficient water depth to avoid growth of algae at the intake. C. The pump stations shall be installed on concrete bases and according to the Drawing Details and the manufacturer's requirements. 5/25/2004 . 02810-8 SECTION 02810 IRRIGATION TAMARAC ROAD RESURFACING PROGRAM 3.8 TESTING AND INSTALLATION REVIEW A. Prior to installation of sprinkler heads, flush the irrigation system with water to clear lines of foreign materials. Cap and plug outlets and fill lines with water. Pressurize assembly as indicated on the Drawings. All joints, ties, elbows, caps, and connections shall be left uncovered during this test unless otherwise directed by the Owner's Representative. 1. Long sections of main pipe or solid unbroken pipe may be buried at intervals adequate to secure stabilization of pipe runs when pressurized. 2. If necessary, repair leaks and retest the assembly until satisfactory. 3. Install sprinkler heads after approval by the Owner's Representative of complete assembly, less sprinkler heads. 4. Test system and meet pressure test requirements prior to requesting a test for observation by the Owner's Representative. The. Owner may back -charge the Contractor for consultants and other representative's time and expenses to be present for re -testing due to leakage or malfunction of the system during the test. B. All items of construction and operation of the irrigation system are subject to the review and testing by the Owner or Owner's Representative. Any part of the system may be rejected because of non-compliance with the Drawings and Specifications. Rejection may also result if the system has non -suitable or inferior materials, workmanship is inadequate, assembly is improper, or for other causes which would prevent the system from functioning properly. The system may also be rejected if it is determined that the installation and assembly may be detrimental to the longevity of the irrigation system, or which would necessitate excessive manual labor and maintenance. C. Fully comply with the testing requirements, as well as any other tests that may be ordered by the Owner's Representative or other authorized representative of the Owner. Furnish all labor, materials, and equipment required for tests. Work stoppages for testing, work review and replacement or repair of any inadequate item shall not add to the allocated time of completion. D. Make all repairs, replacements, adjustments, and reconstruction to conform to test requirements. E. Final review shall be made when the complete system is in place, operable, and all repairs, additions, adjustments and other work is complete. At such time, the contractor shall adequately demonstrate the proper operation of the system, shall show the system's complete conformance with the plans and specifications, and demonstrate that the irrigation system gives proper and adequate coverage of all landscaped areas. F. Acceptance by the Owner and/or Owner's Representative in no way removes the contractor of his responsibility to make further repairs, corrections and adjustments to eliminate any deficiencies which may later be discovered. 5/25/2004 02810-9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 02810 IRRIGATION TAMARAC ROAD RESURFACING PROGRAM 3.9 WARRANTY A. Comply with the Warranty provisions of the General Conditions, and with the bid documents. B. The contractor shall fully warrant the landscape irrigation system and pumping stations for a period of one (1) year after the written final, acceptance and will receive a written confirmation from the Owner's Representative that the warranty period is in effect. C. During the warranty period, the contractor shall enforce all manufacturer and supplier's warranties as if made by the contractor. Any malfunctions, deficiencies, breaks, damages, disrepair or other disorder due to materials, workmanship, or installation by the contractor and his suppliers shall be immediately and properly corrected to the proper order as directed by the Owner and/or Owner's Representative. D. Any damages caused by system malfunction shall be the responsibility of the contractor who shall make full and immediate restoration for said damages. 5/25/2004 END OF SECTION 02810 02810-10 SECTION 02905 TREE RELOCATION TAMARAC ROAD RESURFACING PROGRAM PART 1- GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment and services to complete the relocation work, as indicated on the drawings, as specified herein, or both. B. Include the following: 1. Preparation of trees for relocation. 2. Prune canopies. 3. Relocate trees as shown on the plans and backfill with planting soil. 4. Stake or otherwise brace relocated trees as shown on the drawings. 5. Erect protective barriers before and after relocation. G. Provide continuous irrigation. 7. Fertilize, spray, prune, and maintain in healthy condition until final acceptance. 8. Fill excavated tree pits for safety. 1.02 RELATED WORK A. Division 2 - Tree Protection and Trimming, Irrigation System, Clearing and Grubbing, Solid Sodding and Trees, Shrubs and Groundcover. 1.03 QUALITY ASSURANCE A. The supervisors used for transplanting existing shrubs, trees, or palms shall have a minimum of five years experience in relocation of existing plant materials and shall be members of the American Association of Nurserymen. B. All tree relocation procedures must be observed, monitored, directed and approved by a certified member of the American Society of Consulting Arborists (ASCA). ASCA member must be present for all relocation procedures. A weekly inspection must be conducted by the ASCA member after relocation is complete to evaluate the general health of trees. A written summary of findings must be included in ASCA member report. C. For names and locations of qualified ASCA members visit www asca-con ultants.or . 5/25/2004 (Revised) 02905-1 1 tSECTION 02905 TREE RELOCATION tTAMARAC ROAD RESURFACING PROGRAM D. Protection of existing, trees, shrubs, and palms: 1. Protect with barricades as detailed on the drawings to prevent encroachment beneath ' canopies. 2. Replace existing trees or shrubs that are damaged, scarred, or destroyed by the contractor with same species, size and quality. 1 1.04 SUBMITTALS A. Submit a list of equipment, procedure, and labor force for use in transplanting work. B. Submit by day for a schedule relocation. C. Submit manufacturer's literature on wetting agents, fertilizers, and conditioners. D. Submit copies of permits obtained from governing agencies. E. ASCA member must provide to the landscape architect or the Owner's Representative weekly reports which shall include: 1. Summary of site activities and conditions relating to all trees onsite. 2. Evaluation of tree conditions. 3. Recommendations on what should be' done to improve survivability of relocated trees. F. Submit quantity schedule for "Diehard" micorrhizal inoculants as well as used "Diehard" plastic bags. ' 1.05 EXISTING CONDITIONS A. No representations are made as to subsurface conditions. ' B. Contractor must Field verify the location all existing utilities, structures and plant material. PART2-PRODUCTS 2.01 FERTILIZER 1 A. Fertilizer Mix: 1. A mixture of ureaform ammonium phosphate and soluble potash suspendable powder to be diluted in water at a rate of 40 pounds of fertilizer per 100 gallons of water. 2. Use formula 30410 with 50% nitrogen immediately available for release and 50% slow release over twelve months. 3. Product: Use Arborgreen as manufactured by Lesco, Inc. or an approved equal. ' B. Wetting Agent: ' 1. Lesco Wet as manufactured by Lesco, Inc. or an approved equal. 1 5/25/2004 (Revised) 02905-2 SECTION 02905 TREE RELOCATION TAMARAC ROAD RESURFACING PROGRAM 2. Dilute at a rate recommended by the manufacturer. C. Minor Element: 1. Micro Mix liquid as produced by Lesco, Inc. or an approved equal. 2. Dilute in water at a rate recommended by the manufacturer. D. Time release fertilizer tablets: Agriform, 15 gram, designation 20-10-5, or approved equal. E. Use the following mixture for deep root fertilizer for transplanted shrubs, trees, and palms: 1/3 liquid fertilizer mix 1/3 wetting agent mix 1/3 minor element mix Use injection equipment that agitates the mixture for uniformity of application. 2.02 PLANTING SOIL MIX A. Planting soil mix: 1. Soil used for planting shall be free from sticks, roots, stones, or other extraneous material detrimental or injurious to plants. Particular care should be taken to remove pieces of mortar, cement, wood, and other similar remains of construction from all planting areas. 2. Soil used for planting mix shall be as follows: 2/3 approved topsoil, and 1/3 clean D.O.T. sand. Mixing of the planting soil backfill will be out of the pit or bed by approved mechanical methods. The resultant shall be an even mixture that will be hand -shoveled into place. 3. "Acceptable topsoil" and any imported soil used on the project shall be a natural, fertile, friable soil possessing characteristics representative of a well -drained area in Florida. Soil containing muck or poorly drained soils shall not be used. C. Diehard Transplant 1. "Diehard Transplant" for trees and shrubs and "Diehard Palm" for palms, mycorrhizal inoculants as manufactured by Horticultural Alliance, Inc., (800) 628-6373 shall be incorporated into all planting pits, back fill and planting beds at the manufacturer's recommended rates and in conformance with their approved methods 2.03 STAKING A. Stake or otherwise brace relocated trees as shown on the drawings. 1 5/25/2004 (Revised) 02905-3 1 rSECTION 02905 TREE RELOCATION ' TAMARAC ROAD RESURFACING PROGRAM PART 3 - EXECUTION 3.01 GENERAL PREPARATION A. Contractor to verify that trees in the field match trees designated on the pian(s). Obtain concurrence of Owner's Representative prior to crown pruning. B. Remove trees, saplings, shrubs, bushes, vines and undergrowth that interfere with relocation. Hand -clearing only is permitted within the drip -line of trees to be relocated. C. Clear the root ball area by hand only of foreign material and trash to expose undisturbed soil. D. Verify percolation rates and soil's acceptability at locations to which the trees are to be transplanted. E. All trees should be pre -tied in or tied back to prevent breakage and scraping of limbs in order to facilitate machinery movement 1 3.02 PREPARATION PRIOR TO RELOCATION A. In the presence and direction of ASCE member, perform crown pruning between 30 and 60 days prior to transplanting. B. All trees shall be pre -pruned using class 4 specifications C. Fertilization and Watering: g ' 1. Inject the fertilizer mixture within 24 hours after crown pruning, and at a minimum of 14 days prior to relocation. 2. Inject the deep root fertilizer mixture at a rate recommended by the manufacturer into the ' root zones of shrubs, trees, and palms to be relocated. 3. All trees should be watered in the field prior to transplanting using a minimum of 50 gallons per tree. D. Crown Pruning: I. Trim trees to be relocated by thinning the crown only, and not by reducing crown dimensions. Trim to conform to AAN standards, including removal of dead wood. Repair injuries to trees including cavities and machinery marks. 2. Remove seedpods from Sabal Palms, and all but ten of the youngest fronds. Trim boots to a clean, regular pattern. 3. Remove trimmings off -site and dispose of per local ordinances and codes. 4. Minimum ball depth for broadleaf trees: Ball Diameter Minimum Depth 36" -- 48" 60% of diameter 48" and up 35" minimum 5. Leave roots with a smooth, clean cut without tears or splits. 5/25/2004 (Revised) 02905-4 SECTION 02905 TREE RELOCATION TAMARAC ROAD RESURFACING PROGRAM E. Irrigation: Provide for a minimum of twice per week hand watering of trees to be transplanted. Rate of water application: a minimum of 20 gallons per inch caliper per application. F. Protection: 1. Erect tree protection measures as shown on the drawings to protect individual or groups of trees to be transplanted. 3.03 RELOCATION f13 141 General 1. Inject deep -root fertilizer mixture 14 days prior to transplanting. Apply at a rate of recommended by the manufacturer into root zones of trees and palms. 2. Soak tree balls to the full depth daily for seven consecutive days prior to relocating. 3. Locate position and elevation where trees are intended to be planted for verification by Landscape Architect. 4. Select a moving route where overhead and underground utilities, existing or proposed, do not conflict with the transplanting process. Coordinate the route and mowing schedule with the Owner and other trades. 5. Notify the Landscape Architect or the Owner's Representative 24 hours in advance of each relocation to allow for observation of procedures. 6. Relocated trees are to be installed a minimum of four (4) feet from existing underground utilities. Equipment 1. A 65" transplanting machine will be sufficient for trees up to 4" but no larger. 2. A Big John Model 90 machine will be sufficient for trees up to 8" in caliper 3. A 102" machine will be sufficient for trees 9" — 12" in caliper 4. All calipers are measured at 1 ft. above existing grade. 5. All transplanting machines will have clean, tight -fitting, sharp blades. 6. Any machine deemed "loose" by the ASCA members will be rejected as unsatisfactory. Digging and Moving 1. Dig pits a minimum of 42" deep with vertical sides and net bottom. 2. Handle trees to avoid damage to bark and limbs. Attach support straps, cables, or chains at multiple points for weight distribution. 3. Do not force tree from ground prior to undercutting root bails. Determine final ball depth upon assessing conditions at time of trenching. Notify Landscape Architect or the Owner's Representative if ball depth varies from specified depth. 4. Sabal Palms may be relocated by means of tree spade at the discretion of the Contractor. Otherwise, lift similarly to canopy trees. 5. Trees are to be placed in heavy grade baskets lined with two layers of burlap for relocation procedures or prior to placement in holding area (if applicable). 6. Plant top of root balls at finish grade. 5/25/2004 (Revised) 02905-5 SECTION 02905 TREE RELOCATION tTAMARAC ROAD RESURFACING PROGRAM 7. All trees transplanted in any given day will be watered in, sanded, mulched, and untied that same day. D. Trees in Holding Area (If Applicable) ' 1. Locate root balls as close together with out damaging the crown of the tree 2. All trees will be set in holes 3"-6" above existing grade in the tree holding area. 3. Insure clearing and grubbing is complete in holding area 4. Immediately backiill voids between root balls and water in to remove air pockets. 4. Soil height to be at the top of the root ball. No additional Ell or soil shall be placed on root ball. 5. Provide hole in holding area that is the same size as the tree root ball. E. Tree Supports 1. Support tree with machinery until bracing is complete. 2. Buttresses may support separate trunks on multiple trunk trees. 3. Remove braces prior to final landscape inspection. t3.04 IRRIGATION ' A. Install temporary irrigation heads and connect each tree's system to water source. B. Bury lateral lines 12" and mark for location identification. Provide tree crown sprays to provide water to the canopy. C. Set timer to run daily to provide an equivalent of 6" of rain for 30 days. After 30 days reduce to equivalent of 3" per week. ' D. Maintain system in operating condition until permanent irrigation is operable. E. If the Owner's Representative deems a temporary automatic irrigation system unfeasible, provide ' a schedule for implementing hand watering at the same rates specified for an automatic system. F. A 12" water retention ring will be built around the circumference of each root ball. G. Daily watering and monitoring will be perforated during the term of the transplanting contract. . H. A tenciometer must be utilized to measure and monitor available moisture in the ground. Weekly observation shall be reported in ASCA member's report. 1 n 1 5/25/2004 (Revised) 02905-6 SECTION 02905 TREE RELOCATION TAMARAC ROAD RESURFACING PROGRAM 3.05 PLANTING A. FBI Planting and Backfilling: 1. Relocated trees are to be installed a minimum of four (4) feet from existing underground utilities. 2. Dig pits to receive transplants with vertical sides, flat bottoms, same depth as the tree ball, and at least 24" larger than the size of the tree ball. 3. All planting soil, backfill and existing top soil to be used in planting pit to be amended with AgroDiamonds Na (sodium) base soil polymer at the manufacturers recommended application methods and rates. 4. Place tree in pit and rotate prior to setting to achieve best positioning relative to adjacent trees and viewing angles. 5. Install tree so top of root ball is level with proposed grade. 6. Flood bottom soil layer to settle tree into best position and to remove air pockets. 7. Continue to flood root ball as planting soil mix is deposited to remove air pockets. 6. Construct a 6" high berm around the outside of the tree pit after backfilling to retain water. Soil Additives 1. AgroDiamonds Na (sodium) base soil polymer super absorbent to be used in all relocated plant material at the manufacturers recommended application methods and rates. 2. AgroDiamonds with a particle size range of .5mm to 2.8mm. For AgroDiamonds purchase information contact RA/AG Enterprises, Jupiter Florida, 561-743-8025. 3. Diehard Application, mix product with backfill in the top 8-10 inches of the planting pit adjacent to the root ball for plants larger than three gallon size and 4-6 inches for plants three gallon size and under. Making sure the product is in contact with the rootball. 3.06 POST -RELOCATION GROW -IN PERIOD A. This contract requires that the contractor maintain all transplanted material in a healthy condition for 90 days from the date of installation. B. The contractor shall prepare all operations necessary to ensure that plants are healthy, vigorous, and undamaged. 3.07 ACCEPTANCE A. For the purpose of establishing an "Acceptance" standard, plants shall be healthy and exhibit evidence of establishing new roots. 1. Perform operations as necessary to complete maintenance and ensure that plants are healthy, vigorous, visually pleasing, and undamaged. 2. Perform all maintenance tasks as specified in this section. 5/25/2004 (Revised) 02905-7 tSECTION 02930 TREES, SHRUBS, AND GROUNDCOVER tTAMARAC ROAD RESURFACING PROGRAM 2. Required tests and inspections: In accord with Paragraph 3.04 - "Field Quality Control". 1.03 SUBMITTALS A. Installation Schedule: 1. Submit for approval a Planting Installation Schedule showing dates for starting each type of planting in each area of the site. ' B. Product and Grower Data: 1. Topsoil Data: Submit statements covering requirements defined under Paragraph 1.02 -"Quality Assurance". tC. Samples: 1. When required by Paragraph 3.04 - "Field Quality Control", submit samples or organic amendments accompanied by analytical data. D. Warranties, Certificates, and Inspection Tags: I. Submit warranties, certificates, and inspection tags for all products and materials as defined under Paragraph 1.06 -"Warranties". 2. Submit certificates of inspection for all materials and products subject to state or federal governmental inspection. E. Test Reports: 1. Submit all test reports and other certified statements of test analysis or standards as required by Paragraph 3.04 - "Field Quality Control' and as noted within the Drawings. F. Certificates, Reports and Samples 1. All certificates, reports, and samples shall be submitted by the Contractor to the Owner's Representative a minimum of two weeks prior to the installation of any of the materials. Contractor shall not begin work until all submittals have been approved by the Owner's Representative. Submittals required but not limited to the following: a. Existing soil analysis including three (3) Soil Test Reports and sample b. Prepared soil analysis and sample C. Mulch sample d. Erosion control fabric sample and product sheet e. Pre- and post -emergent herbicide f. Weed eradication treatment for lawn grass g. Foliar spray fertilizer(s) h. Plant samples and/or photographs i. Drainage gravel sample j. List of Personnel, qualifications, and schedule k. Guying methodologies 1. Leaf anti -desiccant spray in. Maintenance manual n: Soil Separator sample and product sheet o. ADS pipe product cut sheets I p. Fluid applied membrane waterproofing for landscape pots q. Quantity schedule for "Diehard" micorrhizal inoculants. r. Used "Diehard" plastic bags 1 5/25/2004 (Revised) 02930-2 SECTION 02930 TREES, SHRUBS, AND GROUNDCOVER TAMARAC ROAD RESURFACING PROGRAM PART 1- GENERAL 1.01 DESCRIPTION A. Provide all labor, materials, plant materials, soil additives, equipment, services, and facilities required to complete all landscape planting and related work indicated on the Drawings and as specified. B. Where curbs are installed, backfill (with the specified planting material) to two inches (2") of the top and feather back to existing grade as shown on the drawings. C. Related Work Specified Elsewhere: 1. Division 2 - Tree Protection and Trimming, Irrigation System and Solid Sodding. 1.02 QUALITY ASSURANCE A. Coordinate with the Landscape Architect and Owner's Representative in monitoring and approval of all items and areas of work required. B. Reference Specifications and Standards: 1. Florida Nurserymen's and Growers Association's (FNGA) established standards. 2. Florida State Department of Agriculture, Bureau of Plant Industry, "Grades and Standards for Nursery Plants". 3. American Association of Nurserymen, "Horticultural Standards". 4. Nomenclature: Conform to names given in "Standardized Plant Names", prepared by the American Joint Committee on Horticultural Nomenclature. 5. Applicable federal, state, or other governing laws and standards as specified hereafter, or as may otherwise apply. C. Source Quality Control: 1. Ship all landscape materials to the job with appropriate Florida State Department of Agriculture Bureau of Plant Industry Certificates of Inspection. _ 2. Prior to delivery of topsoil, submit written statements indicating: a. Location of properties from which topsoil is to be obtained. b. Names and addresses of owners. C. Depth to be stripped. d. Crops grown on property during past two (2) years. 3. Provide trees and shrubs grown in a recognized nursery in accordance with good horticultural practice. D. Inspection: 1. The Owner reserves the right to inspect trees and shrubs either at place of growth or at the site prior to planting to ascertain compliance with requirements for name, variety, size, and quality; however, final approval shall be based upon the in -place inspection. E. Substitutions: 1. If the specified or detailed landscape materials are not obtainable, submit proof of non - availability and a proposal for use of equivalent material. F. Testing Agency: 1. Perform soil testing services using a certified agricultural testing laboratory certified in the State of Florida. 5/25/2004 (Revised) 02930-1 SECTION 02924 SOLID SODDING TAMARAC ROAD RESURFACING PROGRAM 3.03 WATERING The areas on which the sod is to be placed shall contain sufficient moisture for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until final acceptance by the City. 3.04 FERTILIZING A. After sod is placed, fertilizer shall be spread uniformly over the area sodded at the rate of 15 pounds per 1,000 square feet by a spreading device capable of uniformly distributing the material at the specified rate. B. On steep slopes where the use of a machine for spreading is not practicable, the fertilizer shall be spread by hand. 3.05 MAINTENANCE A. The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. B. After the sod has begun to root and until the date of final acceptance, the Contractor shall be responsible for weekly mowing to avoid over growth. C. Replanting or repair necessary due to the Contractor's negligence, carelessness, or failure to provide routine maintenance shall be at the Contractor's expense. END OF SECTION 02924 [1 I 1 05/25/04 (Revised) 02924-3 SECTION 02924 SOLID SODDING TAMARAC ROAD RESURFACING PROGRAM 2.03 WATER FOR GRASSING The water used in the sodding operations may be obtained from any approved spring, pond, lake, stream, or municipal water system. The water shall be free of excess and harmful chemicals, acids, alkalies, or any substance, which might be harmful to plant growth or obnoxious to traffic. Salt water shall not be used. PART 3 - EXECUTION 3.01 PREPARATION A. The Contractor shall verify through the Owner's representative that grading operations have been completed and that final grades have been set prior to the installation of sod. B. The area over which the sod is to be placed shall be scarified or loosened to a depth of approximately 4 inches and then raked smooth to eliminate surface irregularities. Rocks, stones, and other debris with a diameter greater than one-half inch (1/2") shall be removed. C. The Contractor shall fine grade all areas to be sodded, and shall water the work area immediately prior to placement of sod. D. finish grade shall be 2" below adjacent walks, curbs and pavement to allow for the thickness of sod resulting in a flush condition and even footing after placement of sod. E. Areas to be sodded that have existing herbaceous vegetation shall have that vegetation completely stripped to bare soil and fine graded. 3.02 INSTALLATION A. The sod shall be placed on the prepared surface with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. B. Where sodding is used in drainage swales and on slopes, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. C. On steep slopes, the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth at suitable intervals. D. Sod that is not planted within 24 hours after cutting shall be stacked in an approved manner and maintained and properly moistened. Any pieces of sod which, after placing, show an appearance of extreme dryness shall be removed and replaced by fresh, uninjured pieces. E. The sod installation shall be free of gaps and laps and shall have no noticeable unevenness of surface grade. Such irregularities shall be corrected prior to acceptance. 05/25/04 (Revised) 02924-2 SECTION 02924 SOLID SODDING TAMARAC ROAD RESURFACING PROGRAM PART 1- GENERAL 1.01 WORK INCLUDED The work included in this section consists of furnishing all labor and materials required for the establishment of the grass areas indicated on the plans. Also included are fine grading, fertilizing, watering, maintenance and applicable fees and permits. 1.02 RELATED WORK I A. Division 2 - Tree Protection and Trimming, Tree Relocation, Irrigation System, Clearing and Grubbing and Trees, Shrubs and Groundcover. 1 1 1 1 1 1 1 1 1 i 1 1.03 QUALITY ASSURANCE A. All Federal, State, and Local Governing Agency requirements and industry standards applicable to this section are hereby made part of this specification. B. Work shall not commence until all permits applicable to this section have been secured C. The Owner's representative shall have the right at any stage of the construction operation to reject any and all work and materials that, in his opinion, do not meet the requirements of these specifications. Such rejected work and materials shall be immediately removed from the site and replaced in an acceptable manner. 1.04 GUARANTEE A. The Contractor shall guarantee the sod installation for a period of sixty (60) days from the date of final acceptance. PART 2 - PRODUCTS 2.01 GRASS SOD Grass sod shall be the species and variety specified on the plans: The sod shall be taken up in rectangles, shall be a minimum of 2 inches in thickness, shall be well -matted with grass roots, and shall be live, fresh, and uninjured at the time of planting. It shall be reasonably free of weeds and other grasses and shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. The sod shall be planted as soon as possible after being dug and shall be shaded and kept moist until it is planted. 2.02 FERTILIZER A. Commercial fertilizers shall comply with the state fertilizer laws. B. Fertilizer shall be Agriform 21-8-8 or approved equal. 05/25/04 (Revised) 02924-1 SECTION 02905 TREE RELOCATION TAMARAC ROAD RESURFACING PROGRAM B. When the contractor has met the obligations of the post -transplanting schedule, a final inspection shall be conducted with all deficiencies noted and given to the Contractor as a punch list of items to be corrected. Final acceptance will not be issued until all punch list items have been completed and a reinspection by the Owner is done. C. Once the reinspection for compliance with the punch list requirements has been conducted and barring any new deficiencies being noted during the reinspection, written acceptance will be given for all work of this Section, exclusive of possible replacement of plants subject to warranty. 1. If any deficiencies of requirements exist, they will be noted in writing. D. Upon written final acceptance being given, the Owner will assume all responsibilities for maintenance of landscape work. The Contractor is responsible for all maintenance as specified in this section up to this point. E. At the conclusion of the warranty period, an inspection will be made to determine the condition of warranted plant material. 1. Remove all material noted as not being in a healthy -growing condition. 2. At no additional cost, replace rejected material with material of like kind and size, in accord with the specifications. 3. Warranty period applies also to replaced material. 3.08 GUARANTEE A. The minimum allowable rate of survival of all transplanted material shall be 90%. Determination of survivability shall be made at the completion of the 90-day grow -in period, regardless of final acceptance. END OF SECTION 02905 5/25/2004 (Revised) 02905-8 1 SECTION 02930 TREES, SHRUBS, AND GROUNDCOVER ITAMARAC ROAD RESURFACING PROGRAM I1.04 PRODUCT DELIVERY AND HANDLING A. Receive and record all inspection certificates, tags, and labels as specified to be attached or to otherwise accompany materials and products. B. Packaged Materials: ' 1. Deliver packaged materials in containers in good condition showing; a. Weight b. Analysis C. Name of manufacturer d. Trade name or trademark e. Protect from deterioration, contamination, adverse weather, and other damage. C. Plant Materials: 1. Protect plants upon arrival on -site. 2. Thoroughly water and properly maintain until planting. 3. Do not allow plants to remain unprotected for a period exceeding twenty-four (24) hours. 4. Exercise workmanlike methods customary in good horticultural practice. 5. Do not prune plants prior to delivery, except as directed. In no case, are trees to be topped before delivery. 6. Prior to delivery to site, spray all trees for insects, fungus, and with a foliar anti- transpirant. Deliver with foliage, limbs, trunk, and roots free of disease and pests. 7. Remove from the site all plants that are not approved and replace with plants that are in accord with specifications. 1.05 PROJECT CONDITIONS 1 A. Existing Conditions: 1. Examine the project site, verify elevations, observe the conditions under which the work is to be done, and notify the Owner's Representative of any unsatisfactory conditions. 2. Do not proceed with work on this Section until conditions have been corrected satisfactorily. 3. Utilities: a. Determine location of underground utilities. b. Proposed trees are to be installed a minimum of four (4) feet from existing underground utilities. C. Numerous underground utilities exist within the project area. The Contractor shall exercise care in digging and other work so as to not damage existing work including underground cables and pipes. Excavation of plant pits within five feet (5) of utilities shall be preformed by hand. d. Should such underground obstructions be encountered which interfere with his work, the Owner's Representative shall be notified at once. e. The Contractor shall be responsible for the immediate repair of any damage 1 caused by his work, and shall be responsible for any disruption of service caused by this damage. Patching and replacing damaged work shall be accomplished by the Contractor paid by the CONTRACTOR. Repairs to be performed by contractor qualified and licensed to perform the required work and all costs shall be paid by the Contractor who caused the damage. 5/25/2004 (Revised) 02930-3 SECTION 02930 TREES, SHRUBS, AND GROUNDCOVER TAMARAC ROAD RESURFACING PROGRAM 4. Maintain grade stakes set by others until removal is approved by all parties concerned. S. Excavations: a. When conditions detrimental to plant growth are encountered such as rubble Ell, adverse drainage conditions, or obstructions, notify the Owner's Representative prior to planting. B. Protection: Protect and maintain, as part of the work of this Section, all existing plant materials indicated. C. Sequencing and Coordination: 1. Coordinate the work of this Section with related work of other disciplines and inform the Owner's Representative of any scheduling or other discrepancies relating to work to be performed. 2. Prior to the starting of planting, verify that the underground sprinkler system and finish grading have been approved. Unless specified otherwise, do not commence planting until: 3. Site grading, soil import, and preparation has been completed and approved. a. Substantial provision for irrigation has been provided to maintain plant materials. 4. Proceed with and complete the landscape planting work as rapidly as portions of the site become available, or as otherwise directed. 5. Coordination with Lawns: Plant trees and shrubs after final grades are established and prior to planting of lawns, unless approved otherwise. a. When planting of trees and shrubs does occur after lawn work, protect lawn areas and promptly repair damage to lawns resulting from planting operations. 1.06 WARRANTIES A. Shrubs and Ground Covers: 1. Warrant shrubs and ground covers in writing for a period of one (1) year from the date of final acceptance: B. Trees and Boxed Materials: 1. Warrant trees and boxed materials in writing for a period of one (1) year beyond the date of final acceptance. C. Fertilizer: 1. Affix to each bag of fertilizer, used in connection with this work, the manufacturer's certified analysis tag or label. 2. Fertilizer analysis shall be: a. No less than minimum requirements of specifications. b. As guaranteed by requirements of the Florida State Fertilizer Law. D. Peat/Humus: Certify in writing that the peatthumus used meets all requirements and criteria of the specifications. E. Warranty Conditions: In addition to prior specified warranty conditions, warranties are to cover defects, including death, unsatisfactory growth, except for defects resulting from neglect by Owner, or as a result of malpractice carried out by the Owner, abuse or damage by others, or unusual phenomena and incidents which are beyond the Installers control. 5/25/2004 (Revised) 02930-4 1 SECTION 02930 TREES, SHRUBS, AND GROUNDCOVER TAMARAC ROAD RESURFACING PROGRAM F. Replacements: 1. At any time during the warranty period, any plant or sod required under this Contract that is dead or showing indication of probable non -survival or lack of health and vigor, or which does not exhibit the characteristics and conditions such as to still qualify for the ' minimum grade as originally specified and, as determined by the Owner or Owner's Representative, will not recover and be within grade by the end of the guarantee period shall be promptly replaced. Replacement plants shall be installed and maintained per the specifications for the planting of new plant material, as well as, guaranteed as specified above for new plant material. 2. Contractor shall perform all necessary watering over and above that provided by the automatic irrigation system that is necessary to establish replacement material. 3. Cost of repair for damage caused by the Contractor to items including, but not limited to, other plants, lawn, curbing, walks, roads, etc. shall be the responsibility of this Contractor. 4. Coordinate replacements with the Owner and its maintenance department. 5. Make replacements during the growth season following the end of warranty period, or as otherwise mutually agreed with the Owner. 6. Furnish and plant replacements that comply with all requirements indicated and specified for original material. 7. Replace trees and shrubs that are in doubtful condition at the end of warranty period, unless Owner finds it advisable to extend warranty period. PART2-PRODUCTS 2.01 MISCELLANEOUS MATERIALS A. Topsoil: 1. Provide topsoil that is: 1 a. Natural surface soil from well -drained areas, fertile, friable and free of weeds, typical of productive, cultivated topsoil of the locality. b. Not excessively acid or alkaline, nor containing toxic substances. C. Without admixture of sub -soil and reasonably free of clay, stones, stumps, roots, or other similar substances one half inch (1/2") or more in diameter or any other object which may be a hindrance to the finish -grading operation. B. Prepared Planting Mix: 1 l . Soil used for planting shall be free from sticks, roots, stones, or other extraneous material detrimental or injurious to plants. Particular care should be taken to remove pieces of mortar, cement, wood, and other similar remains of construction from all planting areas. 1 2. Soil used for planting mix shall be as follows: 2/3 approved topsoil, and 1/3 clean D.O.T. sand. Material mixing of the backfill mix will be out of the pit or bed by approved mechanical methods. The resultant shall be an even mixture that will be hand -shoveled into place. 3. "Acceptable topsoil" and any imported soil used on the project shall be a natural, fertile, friable soil possessing characteristics representative of a well -drained area in south Florida. Soil containing muck or poorly -drained soils shall not be used. 4. At the Contractor's expense, soil amendments shall be added to any soil used for planting and in planting beds and plant pits in the amount and manner prescribed by a soil analysis to obtain a pH of 5.5 to 6.5. Results from soil analysis and a list of the prescribed amendments shall be presented to the Owner's Representative prior to incorporating into the soil. 1 5/25/2004 (Revised) 02930-5 SECTION 02930 TREES, SHRUBS, AND GROUNDCOVER TAMARAC ROAD RESURFACING PROGRAM 5. The Contractor shall be responsible for providing adequate acceptable soil to prepare his planting mixture. The Contractor is responsible for supplying and mixing soil amendments and moving the planting mixture to the plant pits and beds. 6. Planting soil mix to be placed as a growing medium for all annuals: 2/3 approved topsoil, and 1/3 clean D.O.T. sand 7. "Diehard Transplant" for trees and shrubs and "Diehard Palm" for palms, mycorrhizal inoculants as manufactured by Horticultural Alliance, Inc., (800) 628-6373 shall be incorporated into all planting pits, back fill and planting beds at the manufacturer's recommended rates and in conformance with their approved methods. C. Fertilizer: 1. Provide a complete commercial fertilizer mixture complying with the laws of manufacture regulating the sale and manufacture of fertilizer in the State of Florida. 2. Agriform Tablets - Agriform tablets shall be Agriform twenty-one (21) gram tablets, slow release, 20-10-5 analysis, or an approved equal. 3. Provide as specified by the Agricultural Soils Testing Laboratory. D. Peat/Humus: Provide peat/humus consisting of: 1. Peat shall consist of ninety -percent (90%) organic peat and shall be suitable for horticultural purposes. 2. Peat shall be brown in color, clean, low in content of mineral and woody material, pH 4 to 5, and shall be shredded into particles not larger than one-half inch (1/2") in diameter. 3. Peat shall contain no more than thirty -five -percent (35%) moisture and the ash content not exceed ten percent (10%) and free from weedy grasses, sedges, rushes, or mineral matter harmful to plant growth. E. Mulch for Planting Areas: Red Mulch G. Aluminum Sulfate: Shall be a recognized manufacturer's standard commercial grade. H. Anti -Desiccant: "Wilt-Pruf', "Dowwax", "Foilgard", or Owner -approved equivalent delivered in manufacturer's containers. I. Stakes for Guying Specimen Trees: As detailed on the drawings. J. Stakes for Guying Trees: As detailed on the drawings. K. Tree Wrapping: First -quality, heavy -waterproof crepe paper manufactured for tree wrapping. 2.02 PLANT MATERIALS A. Name and Variety: 1. As designated on Drawings - plant list. 2. Provide all plant materials conforming to latest edition of "Horticultural Standards of the American Association of Nurserymen". 3. Provide plant materials symmetrical and typical of their species or variety. 4. Names used are those of "Standardized Plant Names". 5. Attach appropriate identification tags to each plant for all varieties specified as "patented", "registered", or "trade marked". a. . Do not remove tags until inspected and approved. B. Quality: 5/25/2004 (Revised) 02930-6 1 SECTION 02930 TREES, SHRUBS, AND GROUNDCOVER rTAMARAC ROAD RESURFACING PROGRAM 1. Unless specified otherwise, provide all plants to meet or exceed the "Florida No. 1" ' standards as established by the Florida Nurserymen's and Growers Association. 2. For all plant material not otherwise specified to be "Florida Fancy" or specimen, provide Florida No. 1, or better quality, graded in accordance with grades and standards for ' nursery plants published by the State of Florida, Department of Agriculture. a. Plants judged not in accordance with specified standards will be rejected. 3. Provide plant materials: a. With normal habit of growth. b. Healthy with well -developed root systems filling their containers, but not to the point of being root bound. C. Free of disease, insects, pests, and their eggs. ' d. Sound, free of mechanical or cultural injury by dents, and free of noticeable after effects of insects and borers. e. In the event that it becomes apparent that any nursery supplying plants for this work has knowingly and consistently represented the grade of plants as being 1 higher than the actual grade, as determined under the provisions of this Section, all plants already delivered from such source shall be removed from the job at the Contractor's expense, and no further plants will be accepted from such nursery until written evidence is submitted and confirmed that all material for delivery has been inspected and approved by inspectors of the State Plant Board as being of the grade as represented. C. Dimensions: 1. Measure height and spread of all plants with branches in their normal position. Height and spread dimensions specified refer to main body of plant and not extreme branch tip to tip. The measurements specified are the minimum size acceptable and are the measurements after pruning, where pruning is required. 2. When dimensions of plant materials are omitted from the plant list, provide plants of normal stock for type listed. 3. The caliper of tree trunks is to be taken one foot (F) above the ground level. 4. Trees shall conform to the measurements specified or indicated on the Drawings and shall not vary from the size specified more than ten percent (10%) or have a caliper size which varies more than one-fourth inch (1/4"). Where a single trunk is specified, the plant shall have a single -straight trunk for a height of not less than specified on the plant list. 11 1 D. Trees: 1. ki Provide healthy, vigorous stock grown under climatic conditions similar to conditions in the locality of the project and free of disease, insects, eggs, larvae, and defects such as knots, sun -scald, injuries, abrasions, or disfigurement. Provide trees and shrubs of the sizes shown or specified. Trees and shrubs of larger size may be used if sizes of roots or balls are increased proportionately and if approved acceptable. All trees specified as container -grown shall have been grown in a rigid container (grow bags are unacceptable) for a minimum of two (2) years prior to installation. E. Shrubs and Ground Covers: 1. Plants shall have been grown in containers for a minimum of six (6) months and a maximum of two (2) years and shall have sufficient roots to hold earth together after removal from containers. 2. Plants which have become pot-bound, or for which the top system is too large for the size of the container, will not be accepted. 3. Plants shall not be removed from the container until immediately before planting. 1 5/25/2004 (Revised) 02930-7 SECTION 02930 TREES, SHRUBS, AND GROUNDCOVER TAMARAC ROAD RESURFACING PROGRAM Ball and Burlapped Plants and Wired -Balled and Burlapped Plants: (Only when Applicable) 1. No plant shall be accepted when the ball of earth surrounding its roots has been cracked or broken or which shows evidence of being "made". 2. The diameter of the ball must be sufficient to encompass the fibrous and feeding -root systems necessary for the maximum development of the plant and shall conform to sizes and ratios in the table of minimum -ball sizes as set forth in GSNP. 3. Root pruning shall have been done at the minimum of four (4) weeks before planting at the job, and, such fact, be certified on accompanying invoices. Where, in the opinion of the Owner's Representative, following his inspecting the grower's stock, adequate root pruning is being obtained by the grower's general cultivating practices, he may consider such fact as meeting this requirement, and, such fact, shall be certified accompanying invoices. Copy of invoices shall also be supplied to the Owner's Representative. 4. Balls shall be firmly wrapped with burlap or approved strong cloth. 5. The root balls of these plants shall be properly protected until planting. PART 3 - EXECUTION 3.01 INSPECTION A. All scaled dimensions are approximate. Before proceeding with any work, carefully check and verify all dimensions and quantities, and immediately inform the Owner's Representative of any discrepancies between the Drawings, Specifications, and actual conditions. Do not do work in any area where there is a significant discrepancy until approval to proceed has been received from the Owner's Representative. B. Verify that rough grading has been completed and there are not errors that will result in poor application or cause latent defects in fine grading and sodding. C. Accept job site elevations at plus or minus two/tenths (t0.2) of a foot from finish -grade elevations. 3.02 PREPARATION A. Preparation for Finish Grading: 1. Weeding: Before and during preliminary and finish grading, dig -out all weeds and grasses by the roots and dispose of off -site. Grasses not of the perennial type less than two and one-half inches (2-1/2") high and not bearing seeds, may be turned under. Perennial weeds and grasses are to be removed. Also, remove other noxious or invasivc weeds encountered on the site. 2. Loosen rough -graded material by roto-tilling to a depth of four to six inches (4%6") and regrade to maintain proper elevation. 3. Remove all stones over one-half inches (1/2") in size, rubbish, and all other extraneous matter from rough grade before beginning finish grading. B. Layout and Spacing: l . Layout areas for multiple plantings and stake locations for individual trees and shrubs. a. In the event that underground utilities or other obstructions are encountered during planting, relocate and replant materials at alternate locations as directed. 2. Obtain approval for all locations, spacing, and orientation prior to planting and make adjustments as directed, if necessary, to achieve project -design objectives. 5/25/2004 (Revised) 02930-8 1 1 1 [I I P_ i] I SECTION 02930 TREES, SHRUBS, AND GROUNDCOVER TAMARAC ROAD RESURFACING PROGRAM a. When plant material is spaced in rows, verify total dimension and space plants equally within the designated areas. Adjust quantities as required. Rows shall be parallel to curbs. b. Where plant material is indicated in a 'loose" pattern, space the material as indicated, maintaining the spacing constant with proper consideration for trees, sprinkler irrigation patterns, light standards, and other features. C. Space ground cover material triangularly in straight rows at the spacing indicated. d. Set shrubs, that are to be located adjacent to walks or sod edges, back from edges the "on center" dimension of the individual shrub. e. When specimen trees are to be planted prior to construction of finish grades, use a surveyor to locate position and finish -grade relationship to top of root ball. C. Finish Grading: 1. Grade all lawn and planting areas to a smooth, even, and uniform plane with no abrupt change of surface. 2. Provide positive surface drainage in all areas. a. Do not work soil when moisture content is so great that excessive compaction will occur nor when it is so dry, dust will form in the air. b. Apply water, if necessary, to provide ideal moisture for filling and for planting, as herein specified. C. Properly grade low spots and pockets to drain to established drainage structures. 3. The Contractor shall be required to re-establish any grades impacted as a result of his work. 4. The Contractor shall be provided with a complete copy of the Civil Engineering drawings (if applicable) for his use in reviewing existing grading and to use in restoring the areas impacted by his work. 5. The Contractor shall fix any grading problems that occur due to his operations while the project is under his control. This Contractor shall adjust grades, as necessary, to provide positive drainage. D. Fertilizing: 1. Remove or redistribute excess soil before application of fertilizer. Make allowances when establishing finish grades for earth excavated from planting pits and mulch. 2. Provide fertilizing applications as prescribed by Agricultural Soils Laboratory tests and recommendations. 3. For all shrubs and trees, place agriform fertilizer tablets (at specified rates) in the root zones, six to eight inches (6 %8") below the finish grade of the soil, no greater than four inches (4") away from the root ball. Verification of tablet placement will be required during final review. 1 5/25/2004 (Revised) 02930-9 SECTION 02930 TREES, SHRUBS, AND GROUNDCOVER TAMARAC ROAD RESURFACING PROGRAM E. Pre-Emergent/Post-Emergent Herbicide: For weed and grass control, apply an approved pre- and post -emergent herbicides to all shrub, ground cover, and mulch beds. F. Diehard Application: 1. Mix product with backfill in the top 8-10 inches of the planting pit adjacent to the root ball for plants larger than three gallon size and 4-6 inches for plants three gallon size and under. Making sure the product is in contact with the rootball. 3.03 PLANTING A. General: 1. All plant material shall be reviewed and receive initial approval from the Owner's Representative or Landscape Architect prior to its delivery to the job site, as deemed necessary, by the Owner's Representative. a. The approval methods shall be by nursery site visits or by photographs submitted by the Contractor to the Owner's Representative. All photographs of plant material shall include an appropriate scale element adjacent to the individual plant. In the case of large quantities of trees or shrubs, photographs should be of representative specimens of each plant species and size. b. All photographs shall be in color and taken with a 35mm camera. Each picture shall have the date electronically imprinted. Two (2) sets of photographs for each plant submittal shall be delivered to the Owner's Representative. C. Approval of plant materials at this stage will not constitute final approval. Final approval for all materials will be given only at the time of fmal acceptance by the Owner. 2. Do not do any planting until all operations involved with the installation of the sprinkler system have been completed, final grades have been established, and the planting areas have been properly graded and approved. 3. THE RELATIVE POSITION OF EACH TREE AND PLANT IS SUBJECT TO APPROVAL BY THE OWNERS REPRESENTATIVE, AND SHALL, IF NECESSARY TO ACHIEVE PROJECT DESIGN OBJECTIVES, BE RELOCATED AS DIRECTED AND AT NO ADDITIONAL COST TO THE OWNER. 4. Remove each plant from its container and plant in such a manner that when settled, it will bear the same relation to the constructed finished grade as it bore to the grade in the container before being transplanted. a. Filling will not be permitted around trunks and stems. b. Cut and remove all wire and nylon rope used on root ball. 5. Backfill procedure: a. Tamp firm, prepared plant mix placed into plant pits. b. Form a shallow basin around plants to hold enough water to saturate the root ball and prepared plant mix. C. Maintain tree saucers until final acceptance. 6. Water plants immediately after planting. Rake all basins around trees away from root ball before sodding or mulching. 7. Prune at the time of planting with due regard to the natural forms and growth characteristics of each species and paint all cuts over three -fourths -inch (3/4")-diameter with an approved tree -wound dressing. 5/25/2004 (Revised) 02930-10 ' SECTION 02930 TREES, SHRUBS, AND GROUNDCOVER TAMARAC ROAD RESURFACING PROGRAM 8. Pruning shall be done in a manner complying with standard horticultural practices and shall be limited to the minimum necessary to remove injured twigs and branches and to compensate for the loss of roots during transplanting. Pruning shall not result in the removal of one-third (1/3) of the branching structure or more, nor shall pruning result in alterations to the basic plant structure. Broken or damaged roots shall be cut off smoothly. 9. Hand watering: a. Contractor shall be responsible for supplemental hand watering of trees and shrubs irrigated by rotor irrigation heads and trees irrigated by spray heads on an as -needed basis, but not less than three (3) times weekly, until final acceptance. Each time plants are watered, they shall be watered completely, saturating the root ball to its full depth. 10. Place mulch between and around specified trees and all shrubs within five (5) days after any planting. a. For individual trees outside of planting beds, spread mulch to cover the saucer area. b. When in place, water mulchthoroughly. B. Planting Trees: 1. Maintain plants in nursery container;, or properly heeled -in, until time for transplanting. 2. Handle all plants by earth ball or container only. Handling by the plant itself will be cause for rejection. 3. Layout areas and set stakes for trees at locations indicated on Drawings. Secure approval from Owner's Representative before excavating pits. Make necessary adjustments as directed. a. Specimen trees to be planted prior to construction of finish grade shall be located by surveyor for position and relationship of top of root ball to finish grade. b. Dig each plant pit twice the diameter and the exact depth of the tree root ball. When hardpan or muck is encountered, break through to clean sand and backfill with prepared backfill as directed. Loosen compacted soil at sides and bottom by scarifying, or other approved method. Set tree to finish grade and fill the pit with prepared soil, progressively settling the soil about the root ball by water jetting and flooding to remove voids. C. Excavation of plant pits located within five feet (5') of underground utility lines shall be performed by hand. 4. Set tree in center of pit in a vertical position so that crown of ball will be flush with finish grade after allowing for watering and settling. 5. Prepare watering basin same width as tree plant ball. Water thoroughly immediately ' following planting. Backfill all voids which develop with additional prepared planting soil to bring to finish grade. All basins shall remain in place following final acceptance and shall be removed by the Owner. t 6. If burlap containing synthetic materials is used, the burlap is to be completely removed and properly disposed of. 7. Fill all tree pits with water to test proper drainage percolation prior to planting. a. Excavate pits that are found to be inadequately draining to a depth sufficient for proper drainage and backfill with course sand. b. No allowances will be made for plants lost due to improper installation and drainage. ' 8. 9. Backfill with prepared planting mix. Stake trees as shown on Drawings. 1 5/25/2004 (Revised) 02930-11 SECTION 02930 TREES, SHRUBS, AND GROUNDCOVER TAMARAC ROAD RESURFACING PROGRAM C. Bed Preparation for Shrubs and Ground Cover Planting Areas: 1. Remove all existing grass including roots and other vegetation (by mechanical methods), construction debris, limerock, etc., and any soil which would be deleterious to plant growth completely. Contractor shall remove unwanted materials from project site and dispose of in an appropriate and legal manner. 2. For all areas to be planted with shrubs and ground covers, provide a six-inch (6") depth of prepared planting mix over entire planting bed, and till into bed and loosen soil in entire bed by digging and turning over soil to a depth of twelve inches (12"). Hand digging will be required in areas where mechanical means would cause damage to underground utilities. Vertical drill, if necessary, through compacted subgrade to ensure drainage in beds. 3. For all areas to receive sod, loosen soil to a depth of two inches (2"). D. Planting of Vines and Shrubs: 1. Plant vines and shrubs in pits at least twelve inches (12") greater in diameter than their root ball and at least six inches (6") deeper than the bottom of the ball. Loosen soil at bottom of pit. Fill pit with prepared soils to the bottom of the ball. When the plant has been properly set, fill the pit to the finish grade with prepared soil and thoroughly settle by tamping and watering. Remove all vines from stakes, untie, and securely fasten to the wall, fence, or other surface next to which they are planted in a manner approved by the Owner's Representative. 2. Prepare a water basin as wide as the plant pit at each plant. Water thoroughly and backfill voids with additional prepared planting soil. E. Planting Ground Cover: 1. Space ground cover plants as shown in schedule on Drawings. 2. Moisten ground cover areas prior to planting. Do not set plants in dry soil. a. Do not allow rooted plants to dry out before or while being planted. b. Wilted plants will not be accepted. 3. Plant rooted cuttings sufficiently deep to cover all roots. 4. Ground cover plants that have been grown in liners are to remain in liners until time for transplanting. a. At time of transplanting, the soils are to contain sufficient moisture so that it does not fall from the roots when plants are lifted from the liners. b. Plant each plant with its proportionate amount of soil in a manner that will insure a minimum of disturbance to the root system. 5. At time of planting, firm up the earth around each plant sufficiently to force out all air pockets. 6. Use alternate procedures in the planting of ground covers, only when approved. 7. After all planting has been completed; top -dress all ground cover areas with three inches (3") of red mulch. 5/25/2004 (Revised) 02930-12 ' SECTION 02930 TREES, SHRUBS, AND GROUNDCOVER ' TAMARAC ROAD RESURFACING PROGRAM 1 3.04 FIELD QUALITY CONTROL A. Notify the Owner's Representative at least two (2) days in advance so that the following minimum observations can be made as the work progresses: 1. Conditions prior to finish grading and soil preparation. 2. Conditions upon completion of finish grading and soil preparation. 3. Plants, after delivery to site and prior to planting. 4. When vines, shrubs, and trees are spotted or staked for planting prior to excavation of planting holes. 5. Specimen trees at nursery source before delivery to on -site location. 6. Lawn areas prior to sodding. 7. Specimen trees for condition, upon delivery to job site, and for positioning progressively as work is completed. B. At the Contractor's expense, a certified Agricultural Soils Testing Laboratory shall be required to perform soil testing services from selected areas that are to be planted to investigate physical properties, diagnose problems, and program amendments to promote optimum plant growth. C. Required Laboratory Services: 1. The Contractor shall pay for and provide three (3) Soil Test for each mile of roadway of existing soil conditions at selected locations within the project area at test sites approved by the Owner's Representative. Soil Test Reports shall also be supplied to the Landscape Architect or the Owner's Representative. 2. Provide a chemical analysis report of each individual sample to cover the following: 1 a. Percentage of organic matter and clay content. b. Salinity. C. pH. d. Mineral nutrients, including i concentrations of nitrogen, phosphorus, potassium, 1 calcium, and magnesium. e. Furnish data on potential hazards or impediments to plant growth from salinity, sodium, boron, or impaired soil structure. 3. Provide recommendations for organic materials, fertilizers, and other materials found necessary to amend the specified planting mix for optimum plant growth. 4. Prescribe a backfill mix or mixes, as appropriate, to be employed in the planting of all plants for the project if soils test reports indicate inadequacies in the specified planting mix. 5. Provide laboratory testing and evaluations of representative stockpiles of prepared backfill, and make recommendations for corrective measures. Areas of testing and ' quantity of tests shall be as directed by the Owner's Representative. 6. Provide periodic sampling and laboratory testing of prepared landscape planting areas to assure compliance with recommendations and requirements of the Contract Documents may be requested. Areas of testingand quantity of tests shall be as directed by the Owner's Representative. 7. The Soil Test Reports with the dates and test site locations clearly marked shall be submitted to the Owners Representative prior to any planting. 8. Deviation from control mix: Not more than twenty percent (20%). Should a higher degree of variation be found, make correction as directed by Owner, with conformance tests repeated until the mix meets specifications for pit backfill and soil preparation. 1 5/25/2004 (Revised) 02930-13 3.05 3.06 SECTION 02930 TREES, SHRUBS, AND GROUNDCOVER TAMARAC ROAD RESURFACING PROGRAM MAINTENANCE AND ADJUSTMENT A. Maintenance: 1. Begin maintenance immediately after planting: Continuously protect all areas including lawn areas, plant materials, supports, etc., until final acceptance of the work. 2. Maintain trees, shrubs, ground covers, and other plants until final acceptance. 3. Spraying and dusting: a. During the maintenance period and up to the final acceptance by Owner, perform all seasonal spraying and dusting of trees and shrubs. b. Use materials and methods in accordance with the highest nursery standards and practices and as directed by Owner or Owner's Representative. B. Adjustment: 1. If planting should occur after lawn preparation, provide proper protection at lawn areas and promptly repair all damage resulting from planting operations. 2. Provide other adjustments as follows: a. Resod areas, where necessary, for full and even coverage. b. Regrade, lightly compact, and replant around sprinkler heads, where necessary, to maintain proper vertical positioning in relation to general grade. C. Fill all depressions and eroded channels with sufficient soil mix to adjust grade to assure proper drainage. Compact lightly and replant the filled areas in accord with Contract requirements. CLEAN UP AND FINAL ACCEPTANCE A. Clean Up: 1. During landscape work, store materials and equipment where directed. Keep pavements clean and work area in an orderly condition. 2. Keep all planted areas free of debris and insects. Cultivate, weed, and water until final acceptance of the work. 3. Upon completion, remove all excess subsoil, cordage, wrappings, and other extraneous materials from the site. a. Remove all tools, equipment, and other materials, except those necessary, for maintenance work. b. Remove litter or other debris occurring from maintenance operations. B. Final Acceptance Procedures: 1. When all landscape work is completed, an inspection will be held to determine acceptability. a. Give notice to all concerned parties to be present at least ten (10) days prior to anticipated inspection date. b. Prior to final approval of work, perform the following: 1) Resod areas, where necessary, for full and even coverage. 2) Remove all debris resulting from landscape work. 3) Regrade, lightly compact, and replant around sprinkler heads, where necessary, to maintain proper vertical positioning in relation to general grade. 4) Fill all depressions and eroded channels with sufficient soil mix to adjust grade to assure proper drainage, compact lightly and replant the filled areas in accord with Drawing's requirements. 5) Tighten and adjust all tree guy wires. 5/25/2004 (Revised) 02930-14 tSECTION 02930 TREES, SHRUBS, AND GROUNDCOVER ' TAMARAC ROAD RESURFACING PROGRAM 6) Perform any other operations necessary to complete maintenance and ensure that plants are healthy, vigorous, visually pleasing, and undamaged. ' C. Protection Against Damage: The Contractor shall provide protection against mechanical damage and protection from vehicles, including posting of signs and barricades, as might be necessary. He shall repair, restore, or replace any plants or planting areas that might have become damaged as a result of any negligence by him in complying with these requirements. 1. If the materials are in whole or substantially acceptable at the time of the inspection, a written notice will be given stating that the final maintenance period and warranty period begins effective the date of the inspection. ' 2. After compliance with all final punch list items, written final acceptance will be given for all work of this Section, exclusive of possible replacement of plants subject to warranty. a. If any deficiencies of requirements exist, they will be noted in writing. b. Prior to final inspection, the Contractor will, regrade all water basins around trees and remulch as needed, unless otherwise noted by the Owner. 3. Upon written acceptance being given, the Owner will assume all responsibilities for maintenance of landscape work. ' 4. At the conclusion of the warranty period, an inspection will be made to determine the condition of warranted plant material, a. Remove all plant material noted as not being in a healthy -growing condition. 1 b. At no additional cost, replace plant material during the following planting season with material of like kind and size, in accord with specifications for original planting. C. Warranty period applies also to replaced material. 5. At the conclusion of the warranty period, the CONTRACTOR shall remove all tree staking and guys and shall dispose of the material off -site. 1 END OF SECTION 02930 I 1 1 5/25/2004 (Revised) 02930-15 SECTION 16050 GENERAL ELECTRICAL PROVISIONS TAMARAC ROAD RESURFACING PROGRAM PART 1- GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, materials, equipment and incidentals required for a complete electrical system for the Work as hereinafter specified and shown on the Drawings. B. The work, apparatus and materials which shall be furnished under these Specifications and accompanying Drawings shall include all items listed hereinafter and/or shown on the Drawings. Certain equipment which will require wiring thereto and/or complete installation is indicated. All materials necessary for the complete installation shall be furnished and installed by the CONTRACTOR to provide complete power, instrumentation, wiring and control systems as indicated on the Drawings and/or as specified herein. C. The CONTRACTOR shall furnish and install the necessary cables, protective devices, conductors, supports, raceways, exterior electrical system, etc., to serve miscellaneous electrical loads as indicated on the Drawings and/or as specified. D. The work shall include complete testing of all equipment and wiring at the completion of the work and making any minor connection changes or adjustments necessary for the proper functioning of the system and equipment. All workmanship shall be of the highest quality; sub -standard work will be rejected. E. Each bidder or his authorized representatives shall, before preparing his proposal, visit all areas in which work under this Section is to be performed and inspect carefully the present conditions. The submission of the proposal by this bidder shall be considered evidence that he or his representative has visited the site and noted the locations and conditions under which the work will be performed and that he takes full responsibility for a complete knowledge of all factors governing his work. F. All power interruptions to existing equipment shall be at the CITY's convenience. Each interruption shall have prior approval. , G. It is the intent of these Specifications that the electrical system shall be suitable in every way for the service required. All material and all work which may be reasonably implied as being incidental to the work of this Section shall be furnished at no extra cost. ' H. Furnish and install a complete underground system of ducts, manholes and hndholes as herein specified and shown on the drawings. 1.02 SERVICE AND METERING ' A. Permanent electrical power will be provided by Florida Power & Light Company at voltages indicated on the drawings. The CONTRACTOR shall furnish and install the metered services as per Florida Power & Light Company direction. B. Contractor shall coordinate any mounted transformer installations with FPL. Contractor shall furnish and install the transformer concrete pads per FPL directions and specifications. C. Contractor shall coordinate the proposed conduit installation to the primary side of the proposed transformers. Contractor to install FPL furnished conduit. 5/25/2004 16050-1 ' SECTION 16050 GENERAL ELECTRICAL PROVISIONS ' TAMARAC ROAD RESURFACING PROGRAM D. The CONTRACTOR shall furnish and install the service riser, secondary conduit and wire from the service point to the service entrance equipment. The CONTRACTOR is responsible for confirming this distance with the power company. The power company contact is Ms. Carolina Padilla, phone (954) 956-2031. E. The CONTRACTOR shall coordinate the services at the service points as per The Drawings ' 1.03 CODES, INSPECTION AND FEES A. All material and installation shall be in accordance with the latest edition of the National Electrical Code and all applicable national, local and state codes, laws and ordinances. B. Pay all fees required for permits and inspections including any charges associated with the service ' modifications. 1.04 TESTS ' A. Test all systems and repair or replace all defective work. Make all necessary adjustments to the systems and instruct CITY's personnel in the proper operation of the systems. ' B. The following minimum tests and checks shall be made prior to the energizing of electrical equipment. Test shall be by the CONTRACTOR and a certified test report shall be submitted providing all test results and stating that the equipment meets and operates in accordance with the Manufacturer's and job specifications, and that equipment and installation conforms to all applicable Standards and Specifications: 1. Testing of protective relays for calibration and proper operation. 2. Test all 600 volt wire insulation with a megohm meter after installation. Make tests at not less than 1000 volts. Submit a written test report of the results to the engineer. 3. Mechanical inspection of all circuit breakers to assure proper operation. C. The Engineer shall be notified forty-eight (48) hours before tests are made to enable the City to have designated personnel present. 1.05 INTERPRETATION OF DRAWINGS A. The Drawings are not intended to show exact locations of conduit nuns. B. All three-phase circuits shall be run in separate conduits unless otherwise shown on the Drawings. C. Unless otherwise approved by the Engineer, conduit shown exposed shall be installed exposed; conduit shown concealed shall be installed concealed. ' "home D. Where circuits are shown as -runs," all necessary fittings and boxes shall be provided for a complete raceway installation. E. The CONTRACTOR shall harmonize the work of the different trades so that interferences between conduits, piping, equipment, architectural and structural work will be avoided. All necessary offsets shall be furnished so as to take up a minimum space and all such offsets, fittings, etc., required to accomplish this shall be furnished and installed by the CONTRACTOR without additional expense to the CITY. In case interference develops, the Owner's authorized representative is to decide which equipment, piping, etc., must be relocated, regardless of which was installed first. 5/25/2004 16050-2 SECTION 16050 GENERAL ELECTRICAL PROVISIONS TAMARAC ROAD RESURFACING PROGRAM F. Verify with the Engineer the exact locations and mounting heights of lighting fixtures, switches and receptacles prior to installation. G. The locations of equipment, fixtures, outlets, and similar devices shown on the Drawings are approximate only. Exact locations shall be as approved by the Engineer during construction. Obtain in the field all information relevant to the placing of electrical work and in case of any interference with other work, proceed as directed by the Engineer and furnish all labor and materials necessary to complete the work in an approved manner. H. Surface mounted panel boxes, junction boxes, conduit, etc., shall be supported by spacers to provide a clearance between wall and equipment. I. Circuit layouts shown are not intended to show the number of fittings, or other installation details. Furnish all labor and materials necessary to install and place in satisfactory operation all power, lighting, and other electrical systems shown. Additional circuits shall be installed wherever needed to conform to the specific requirements of the equipment. J. The ratings of electrically operated devices together with the size shown for their branch circuit conductors and conduits are approximate only and are indicative of the probable power requirements insofar as they can be determined in advance of the purchase of equipment. K. All connections to equipment shall be made as shown, specified and directed and in accordance with the approved shop drawings, regardless of the number of conductors shown on the Electrical Drawings. 1.06 RECORD DRAWINGS A. As the work progresses, legibly record all field changes on a set of project Contract Drawings. The Contractor shall engage the services of a registered professional engineer or land surveyor in the State of Florida to prepare record drawings of the improvements. The Contractor shall deliver mylar sepias of the as - built project, signed, sealed and dated by the responsible professional. In addition, 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. Record Drawings submitted to the City as part of the project acceptance shall comply with the City's requirements. 1.07 SHOP DRAWINGS A. As specified under other Sections, shop drawings shall be submitted for approval for all materials, equipment, apparatus, and other items as required by the Engineer. B. Shop drawings shall be submitted for the following equipment: 1. Meter Cans 2. Disconnect Switches 3. Wire & cable 4. Pull Boxes C. The Manufacturer's name and product designation and catalog cutsheets shall be submitted for the following material: 1. Conduit 2. Boxes and fittings 3. Pre -cast Concrete Pull Boxes 5/25/2004 16050-3 SECTION 16050 GENERAL ELECTRICAL PROVISIONS TAMARAC ROAD RESURFACING PROGRAM D. Prior to submittal by the CONTRACTOR, all shop drawings shall be checked for accuracy and contract requirements. Shop drawings shall bear the date checked and shall be accompanied by a statement that the shop drawings have been examined for conformity to Specifications and Drawings. This statement shall also list all discrepancies with the Specifications and Drawings. Shop drawings not so checked and noted shall be returned. E. The Engineer's check shall be only for conformance with the design concept of the project and compliance with the Specifications and Drawings. The responsibility of, or the necessity of, furnishing materials and workmanship required by the Specifications and Drawings which may not be indicated on the shop drawings is included under the work of this Section. F. The responsibility for all dimensions to be confirmed and correlated at the job site and for coordination of this work with the work of all other trades is also included under the work of this Section. G. No material shall be ordered or shop work started until the Engineer's approval of shop drawings has been given. 1.08 WARRANTY A. Provide a warranty for all the electrical equipment in accordance with the requirements of other Sections. Under no circumstances shall the warranty be for less than 12 months starting from substantial completion. PART 2-PRODUCTS 2.01 GENERAL A. The materials used in all systems shall be new, unused and as hereinafter specified. All materials where not specified shall be of the very best of their respective kinds. Samples of materials or Manufacturer's specifications shall be submitted for approval as required by the Engineer. B. Materials and equipment used shall be Underwriters Laboratories, Inc. listed and conform with applicable standards of NEMA and ANSI. C. Electrical equipment shall, at all times during construction, be adequately protected against mechanical injury or damage by water. Electrical equipment shall not be stored out-of-doors. Electrical equipment shall be stored in dry permanent shelters. If any apparatus has been damaged, such damage shall be repaired by the CONTRACTOR at his expense. If any apparatus has been subject to possible injury by water, it shall be thoroughly dried out and put through such special tests as directed by the Engineer, at the cost and expense of the CONTRACTOR, or shall be replaced by the CONTRACTOR at his own expense. D. All electrical panels, enclosures, raceways, conduits, wireways, boxes, cabinets, etc., shall be fabricated of metal. Nonmetallic substitutes are not acceptable. This does not apply to buried work. 2.02 RACEWAYS AND FITTINGS A. Furnish and install complete raceway systems as shown on the Drawings and as specified herein. B. All conduit of a given type shall be the product of one manufacturer. C. All conduit shall be Rigid Nonmetallic Conduit Schedule 40 PVC. Burial depth as shown on the drawings. 5/25/2004 16050-4 SECTION 16050 GENERAL ELECTRICAL PROVISIONS TAMARAC ROAD RESURFACING PROGRAM 1. Rigid nonmetallic conduit shall be for use under the provisions of NEC Article 347 PVC conduit shall be rigid polyvinyl chloride schedule 40 as manufactured by Carlon, An Indian Head Co., Kraloy Products Co., Inc., Highland Plastics Inc., or approved equal. 2.03 CONDUCTORS A. Conductors shall be copper. Power circuits shall have 600 volt PVC insulation (Underwriters, approved Type THWN). Conductors shall be color coded in accordance with the NEC. B. All wires and cables shall be of annealed, 98 percent conductivity, soft drawn stranded copper conductors. C. Type THWN shall be as manufactured by the Southwire Co., Collyer Insulated Wire Co., Rome Cable or approved equal. 2.04 MISCELLANEOUS EQUIPMENT A. Boxes and Fittings: Conduit hubs shall be as manufactured by Meyers Electric Products, Inc., Raco Div., Appleton Electric Co., or approved equal. 2. Conduit sealing bushings shall be O.Z./Gedney Type CSB or approved equal. 2.05 UNDERGROUND SYSTEM A. Materials 1. Ducts shall be polyvinyl chloride (PVC Schedule 40) installed on clean fine sand. No rocks or debris shall be allowed as trench fill. 2. Precast pullboxes shall be heavy duty type, designed for a Class H10 wheel load. Precast pullboxes shall be as manufactured by Brooks Products Co., or approved equal. 3. Handhole covers and frames shall be traffic rated, H2O class, provided as required and grounded to the system ground. B. Ducts shall be installed to drain away from panels; ducts between pullboxes shall drain toward the pullbox. Duct slopes shall not be less than 3 inches per 100 feet. C. Duct lines shall be laid in trenches on a clean backfill bedding. D. The minimum cover for duct lines shall be as specified. E. PVC duct terminations at pullboxes shall be with PVC and bells. F. Where bends in ducts are required, long radius elbows, sweeps and offsets shall be used. G. All ducts shall be rodded and a mandrel drawn through followed by a swab to clean out any obstructions which may cause cable abrasions. The mandrel shall be 12 inches in length and the diameter 1/2-inch less than the inside diameter of the duct. 5/25/2004 16050-5 SECTION 16050 ' GENERAL ELECTRICAL PROVISIONS TAMARAC ROAD RESURFACING PROGRAM H. Spare ducts shall be plugged and sealed watertight at all pullboxes. Ducts in use shall be sealed watertight at all pullboxes. Sealant shall be foam type. J. All joints shall be made so as to prevent the passage of concrete inside the conduit to form obstructions or ' cause cable abrasions. K. Pullbox covers in all areas shall finish 3-inches above crown of adjacent ground elevation. ' L. A 5/8-inch by 10-foot copperclad ground rod shall be driven in the bottom of each pullbox. All bond wires and pullbox cover shall be bonded to the ground rod. PART 3-EXECUTION ' 3.01 CONDUIT INSTALLATION ' A. Where conduits enter or leave all outlet boxes, cabinets safety switches, tap boxes, motor controllers, etc., other than those having threaded hubs, a standard lock nut shall be used on the outside of the box. Busings I - inch and larger shall be of an approved insulated type. B. During construction, all installed raceways shall be temporarily plugged or otherwise protected from the entrance of moisture, dirt, trash, plaster, moisture, etc., through neglect of the CONTRACTOR to so protect them, shall be replaced by the CONTRACTOR without additional expense to the Owner. No kinked, clogged ' or deformed raceways will be permitted on the job.' Raceways shall be cut to proper length so that ends will fit accurately in the outlets. Where raceways cross building expansion joints, a suitable raceway expansion fitting shall be used. ' C. Size of raceway shall not be less than NEC requirements, but in no case shall be less than indicated on the Drawings. Combining of circuits, other than detailed, will not be permitted. The CONTRACTOR shall install larger size raceways than detailed where there is excessive length of unbroken run or excessive number ' of bends. D. Bends in metallic raceways shall be made while "cold" and in no case shall the raceways be heated. ' Raceways shall not be bent through more than 90degrees. The radius of bends shall not be less than six (6) times the internal diameter of the raceway. Not more than four (4) (equivalent 90 degrees) bends will be permitted between outlets, the bends at the outlets being counted. E. Raceways shall be properly aligned, grouped and supported. Exposed raceways shall be installed at the right angles to or parallel to the principal structural members. Concealed raceways, unless otherwise indicated, may take the most direct route between outlets. Raceways shall be firmly held in place. Raceways shall run to avoid trapping wherever possible. Where areas are indicated for future openings, foundations, etc., all raceways shall be run around such areas. The CONTRACTOR shall provide necessary inserts in poured concrete areas and shall furnish and install all necessary sleeves through walls, floors and roofs forpassage of raceways. Sleeves through roofs and/or exterior walls shall be properly sealed by the CONTRACTOR ' against entrance of moisture, etc., into the building. Where necessary repairs to the building structure using material in no way inferior to that originally installed and using labor skilled in the trades involved. ' 3.02 BOXES A. Install all outlet boxes, tap, junction or pull boxes, device boxes, etc., necessary for the complete installation as indicated on the Drawing and/or specified herein. All boxes shall be rigidly mounted and shall be equipped ' with suitable screw fastened covers. All raceways entering boxes shall be mechanically and electrically 5/25/2004 16050-6 3.03 SECTION 16050 GENERAL ELECTRICAL PROVISIONS TAMARAC ROAD RESURFACING PROGRAM secure. Open knockouts or holes in boxes shall be plugged with suitable blanking devices. Boxes shall be cleared of all plaster, dirt, trash, etc., before the installation of any wiring devices and/or before the installation of cover plates. 2. All exterior pull boxes shall be precast concrete with traffic rated covers. Boxes shall be sized as per the NEC. Precast boxes shall be manufactured by Brooks Products Co., or approved equal. TERMINATIONS & SPLICES A. Splices, taps and attachments of fittings and lugs shall be electrically and mechanically secure. There shall be plenty of slack cable in boxes, outlets and cabinets to insure that there is no binding at the bushings. All lugs shall be of the correct sizes for the conductor in order to fit the conductor into a lug. B. All wires shall be numbered indicating circuit number. Numbers shall be crimp type and installed on wire after wires enter pull box. C. Power Conductors: Terminations shall be die type or set screw type pressure connectors as specified. Splices (where allowed) shall be silicon filled wire nut splice, weatherproof and submergence proof, King or equal. D. Except where otherwise approved by the Engineer no splices will be allowed in manholes, handholes or other below grade located boxes. E. Splices shall not be made in conduit bodies. 3.04 GROUNDING A. The entire electrical system shall be completely and effectively grounded as required by the NEC and as , specified hereinafter. B. All metallic raceways shall be mechanically and electrically secure at all joints and at all boxes, cabinets, ' fittings and equipment. Metallic raceways entering electrical boxes shall be grounded to the appropriate ground bus. All metallic raceways shall be electrically continuous throughout the entire conduit system. Bond wires shall be used in exterior concrete pull boxes. C. The ground plane shall consist of a minimum of two (2).5/8" x 10' copper ground rods spaced at least 10' apart. Rods and system ground shall be connected with a #6 copper ground to the service entrance ground. The ground resistance shall be tested and additional rods or plates added to achieve a dry season resistance not ' exceeding 5 ohms. 3.05 CONDUCTOR COLOR CODING ' A. All conductors shall be color coded as specified hereinafter. Color coding shall be by means of colored insulation material, colored braid or jacket over the insulation, or by means of suitable colored permanent, non -aging insulation tape equal to Scotch #471 or "Texcel 98" applied to conductors at each outlet, cabinet or junction point. B. The following system of color coding shall be strictly adhered to; ' 1. Ground leads, green. 2. Grounded neutral leads, white. ' 3. Ungrounded phase wires of a 120/208 volt, 3-phase, 4-wire system, black, red and blue. 5/25/2004 16050-7 1 1 i 1 1 1 1 1 1 1 5/25/2004 C. SECTION 16050 GENERAL ELECTRICAL PROVISIONS TAMARAC ROAD RESURFACING PROGRAM 4. All control leads, other than line connected "hot" leads, shall be yellow, orange and brown and/or I.P.C.E.A. standard control cable coding provided method of identification is different from method used on power conductors. The color coding assigned to each phase wire shall be consistently followed throughout the Work. END OF SECTION 16050 16050-8 SECTION 16200 ELECTRICAL DIRECTIONAL BORE TAMARAC ROAD RESURFACING PROGRAM PART 1- GENERAL 1.01 SCOPE OF WORK A. Work included in this section consists of furnishing all equipment, materials and labor required for the installation of complete bore casings, and all appurtenances as specified on the drawings and specifications for the Florida Department of Transportation. 1.02 GOVERNMENTAL AGENCIES A. All work shall conform to the applicable standards of the Florida Department of Transportation. 1.03 SUBMITTALS A. The Contractor shall submit shop drawings of all casings, pipe, pipe fittings to be used for construction. 1.04 MEASUREMENT AND PAYMENT A. Measurement and payment will be based upon work completed and accepted in accordance with the plans and specifications. No separate payment will be made for excavation, trenching, backfilling, leakage tests or other incidental items of work not authorized by the Engineer, in writing, as extra work. 1.05 GUARANTEE A. The Contractor shall guarantee all materials and equipment furnished and installed, and all work performed for a period of 18 months from the date of substantial completion. The guarantee shall stipulate that the completed system is free from all defects due to faulty materials or workmanship and the Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. PART 2-PRODUCTS 2.01 MATERIALS A. The casing pipe shall conform to ASTM A.139 Grade B, Latest Revision. Casing specifications shall conform to the Florida Department of Transportation: l . Florida Department of Transportation - Composition and Strength -All casings shall conform to the appropriate strength and composition requirements set forth in the main body of the utility accommodation Guide and to the following additional requirements. A. Unless otherwise tested and approved by the Department prior to beginning work, all encasement pipes shall be new and of round, smooth wall, leakproof construction. 5/25/2004 16200-1 SECTION 16200 I s. 1 n ELECTRICAL DIRECTIONAL BORE TAMARAC ROAD RESURFACING PROGRAM All casings shall conform to the following minimum thickness requirements: Nominal Outside Diameter - inches N» 1" 1 j" 1 %z" 2" 4" Minimum Wall Thickness - inches 0.113" 0.133" 0.140" 0.145" 0.154" 0.188" ' C. CONTRACTOR shall size casing as per the quantity and size of conduits shown on the contract drawings. 1 PART 3 - EQUIPMENT 3.01 GENERAL ' A. In keeping with the overall objective of this guide, this section is intended to set forth guidelines in the area of equipment solely to prevent unnecessary stoppages and subsequent damage to the roadway. ' B. All equipment used in the execution of work shall have the built-in capacity, stability and necessary safety features required to fully comply with the specifications and requirements of this guide without showing evidence of undue stress or failure, ' C. It shall be the responsibility of the permitter to assure that the equipment to be used in the crossing operation is in sound operating condition. Backup equipment may be required where job site conditions indicate that severe damage to theiroadway or a hazardous condition may result in the event ' of an equipment breakdown and where the condition of the equipment to be used indicates that routine component replacement or repair will likely be necessary during the crossing. Auger Power Units - Power units providing rotational force to the cutting head and/or the auger used to remove spoil material as the bore may also for progresses, provide power jacks used to push the casing. Power units shall be in proper operating condition and shall have sufficient power to satisfactorily complete the proposed crossing according to the ' manufacturers recommendations. 2. Augers - Screw -type steel drive tubes or shafts with one male end and one female end for ' coupling and welded steel alighting (threads). a) Auger shafts shall be straight and otherwise undamaged. b) Plighting shall be undamaged and securely welded to the body of the auger shaft ' and be continuous with no gaps from end to end of each auger section. 3. Cutting Heads - Boring attachment fastened to leading end of first auger section equipped with special teeth, bits, blades, chippers or cutters used to cut or chip away rock or hard soils ' in advance of auger. a) Cutting heads shall be undamaged and have no missing or broken teeth or bits. 1 5/25/2004 16200-2 ' SECTION 16200 ELECTRICAL DIRECTIONAL BORE , TAMARAC ROAD RESURFACING PROGRAM b) Pinned or hinged wing cutters must be constructed in such a manner as to ensure , overboring does not exceed limits specified. 4. Auger Tracks - Supports boring machine and provides line and grade control. ' a) Tracks shall be straight and otherwise undamaged with no broken welds. b) Tracks shall be constructed so as to remain rigid at joints and allow no appreciable flexing as power unit passes. ' 5. Jacks - Hydraulic, mechanical or manual power units providing horizontal thrust for pushing casing or carrier pipe. Shall have sufficient power to satisfactorily complete the proposed , crossing according to the manufacturers recommendations. a) Hydraulic - Shall be in sound operating condition. Hoses shall not be cracked or split; all couplings and fittings shall be tight and entire system reasonably free from ' leaks. Hydraulic cylinder rods should be clean and smooth to prevent damage to cylinder seals. b) Mechanical - Includes manual and power drivers, ratchet type jacks, winch and , pulley systems. All mechanical jacking systems shall be in sound operating condition with no broken welds, excessively worn parts, broken teeth, badly bent or otherwise misaligned components. All ropes, cables, clamps and other non - ' mechanical but essential items shall be in sound condition. c) Other -Devices of systems for providing horizontal thrust other than those ' previously defined in the preceding sections shall not be used unless approved for use by the Department prior to commencement of work. Consideration for approval will be made on an individual basis for each properly permitted crossing. The proposed device or system will be evaluated prior to approval or rejection on its ' potential ability to complete the crossing satisfactorily without undue stoppage and to maintain line and grade within the tolerances prescribed by the particular conditions of the job. , Jetting or water sluicing methods, jetting with compressed air, or boring or tunneling devices with vibrating type heads that do not provide positive control of line and grade shall not be allowed. , 6. Anchors and Braces -The boring base or deadman must be sufficiently strong to withstand the pressures generated by the boring unit throughout the boring operation without ' appreciable movement or deformation. 7. Dewatering Equipment - Equipment used to evacuate ground and surface water from boring and receiving pit areas and along path of proposed bore. ' a) Pump - Shall be in proper operating condition and off sufficient capacity to satisfactorily dewater the pit and bore areas under the conditions of the particular I job. Horizontal Boring Equipment - Equipment shall include locking devices, surveying instruments, power plants, hydraulic motors and attachments as well as mud mixing units and related equipment. 1 5/25/2004 16200-3 1 SECTION 16200 ' ELECTRICAL DIRECTIONAL BORE TAMARAC ROAD RESURFACING PROGRAM ' 9. Other Equipment - Any equipment used on the job that has not been defined and covered previously in this Section must be in proper working order and otherwise conform to the requirements as outlined under Equipment - General, at the beginning of the section. ' 3.02 SHIPPING, HANDLING AND STORAGE ' A. Special care in handling shall be exercised during delivery, distribution and storage of pipe to avoid damage and setting up stresses. Damaged pipe will be rejected and shall be replaced at the Contractor's expense. Pipe and specials stored prior to use shall be stored in such a manner as to keep the interior free from dirt and foreign matter. ' PART 4 - PERSONNEL REQUIREMENTS ' 4.01 GENERAL A. A responsible representative of the permittee must be present at all times during all crossings. A responsible representative as specified herein is defined as a person experienced in the type of work ' being performed and who has the authority to represent the permittee in a routine decision making capacity concerning the manner and method of carrying out the work. ' PART 5 - INSTALLATION 5.01 GENERAL ' A. Erection or Installation of Appropriate Safety and Warning Devices - Erection or installation of appropriate safety and warning devices shall be completed prior to beginning work. ' B. Subsurface Soil and Drainage Investigation - In general, the greatest influences on the success or failure of an underground crossing are the existing subsurface soil and water conditions. To correctly plan individual crossing procedures such as dewatering, use of cutting heads, positioning of auger within the casing and to accurately locate potential problem areas, subsurface investigation must be ' made by the contractor. C. Dewatering - Evacuation of ground and surface water from jacking and receiving pits and from path of ' proposed crossing. Where the ground water level is above the invert of the proposed crossing dewatering is necessary to reduce the water level to below invert of the proposed crossing, and must be designed, installed and in operation prior to beginning the crossing as follows: ' 1. Except where rock is present throughout the length of the bore and no likelihood of sand pockets exists. ' 2. Where the existing ground water level and particular soil type involved indicates that excessive flowback of spoil material as the boring progresses is likely. D. Equipment Set Up ' 1. Aligning and leveling of auger tracks - To properly control line and grade during the crossing operation, it is imperative that the tracks be rigidly set to the predetermined level and ' alignment requirements of the job. Control should be ensured by the use of appropriate engineering instruments. 2. Auger and casing section lengths should not be under, or within three (3) feet of any ' Roadway Pavement when the crossing operation is halted to joint new auger and casing ' 5/25/2004 16200-4 SECTION 16200 ELECTRICAL DIRECTIONAL BORE TAMARAC ROAD RESURFACING PROGRAM sections. As an exception, in areas where obstructions will not allow continuous operations under paved areas as stipulated in this section, all preparations for adding additional casing and augers should be made prior to stopping under the pavement and the joint made as quickly as possible. Crossings made by closed end jacking method or crossings made in materials other than loose unstable soils, are not subject to the provisions of this section. 3. Methods of Reducing Skin Friction - Friction between the outer surface of the casing and the surrounding soil may be reduced by increasing the diameter of the casing hole by no more than 3/4 inch greater than outside diameter of casing itself. 4. Relationship between auger or cutting head to leading end of first casing section. The leading end of the first casing section shall be straight cut ninety degrees to the centerline of the casing and the distance between the back of the cutting head or leading edge of the first bare auger section, to the leading end of the casing shall be as follows under the appropriate soil condition. a) Rock - On crossings made through solid rock, where the cutting head must precede the casing, the space between the back of the cutting head and the end of the casing shall be limited to the clearance necessary to allow the cutting head to function without coming in contact with the end of the casing. In areas where sand pockets may be encountered the cutting head must be construction so that it can be retracted into the casing, to within the limits specified in this section for the particular material encountered. b) Hard pan, clay, hard sand -clay and stable cohesive soils - As in rock, the cutting head should normally precede the casing but the type cutting head used must allow no more than two (2) inches between the back of the head and the leading end of the casing. Cutting heads with cylindrical, pointed chippers designed for use in solid rock shall not be used. c) Loose unstable soil - The distance between the leading end of the first auger section and the leading end of the casing shall be as necessary to maintain a solid plug of spoil material inside the forward portion of the casing. For casing diameters eight (8) inches or greater, the minimum space between the leading end of the auger, or cutting head as allowed below, and the leading end of the casing shall be no less than one-half the casing diameter. However, the setback shall be increased if necessary to prevent undue flow back of the spoil material. No setback is required for casing diameters less than eight (8) inches. Cutting heads may be used only where the subsurface investigation report or other reliable information indicates the likelihood of encountering a very hard soil strata, rock or other obstructions such as tree stumps; and it is determined prior to beginning work that the area of difficulty may be passed by the use of an appropriate cutting head. The cutting head shall remain inside the casing as outlined above except during the passage of such obstructions. 5/25/2004 16200-5 SECTION 16200 ' ELECTRICAL DIRECTIONAL BORE TAMARAC ROAD RESURFACING PROGRAM ' Onlarge drameteriacked crossings where clean out of the bore is accomplished by special digging machineor by hand, the distance between the leading end of the ' casing and the actual cleanout operation shall be no less than that necessary to ensure that voids will not form around the outside of the casing. The use of tunnel liners will be allowed only where the installation method and soil conditions ensure ' that voids will not be formed around the outside of the liner during installation. 5. Auger size and spacing - The leading auger section used in conjunction with a cutting head must be full-sized having an outside diameter not less than the inside diameter of the casing less the amount needed to provide the minimum working clearance necessary. In no case shall the auger diameter be less than 1/2 inch smaller than the inside casing diameter unless some other positive means of restricting the movement of the cutting head as previously required is assured. Less than full-sized augers that are large enough to remove spoil ' satisfactorily will be allowed when the auger is not used in conjunction with a cutting head and is to remain within the casing at all times, except as follows: ' Minimum Length in Feet of Full Sized Auger from Leading End of Crossing Conditions Casing ' Rock 0 Hard -pan, clay, hard sand -clay (dry) 0* (wet) 20 Stable cohesive soils (dry) 0 (wet) 20 Loose unstable soils (dry) 20 ' (wet) 40 ' Crossings requiring dewatering are to be considered as wet in the above table. * Full sized augers are not required if lateral movement of the cutting head has been otherwise restricted in a satisfactory manner. ' 6. Length - Casings shall be of sufficient length to extend under all pavements and in no case shall the end of the casing be closer than four (4) feet (eight (8) feet preferably) from the pavement edge including paved shoulders, or two (2) feet from back of curb plus additional ' length as necessary to extend to the excavated slopes of the jacking and receiving pits. The ends of casings under limited access facilities and all casings for flammable materials shall be no closer to the pavement edge (including paved shoulders) than the toe of the front slope. ' 7. Couplings ' a. Couplings - Couplings shall be tight, tack welded ifnecessary and sufficiently rigid (no noticeably movement in joint) to prevent misalignment during driving or pushing operation. Tack welding of couplings is only required where necessary to ensure the integrity of the joint. ' 1. Coupling thickness shall be such that the overall casing diameter is increased by no more than 3/4" total. All couplings shall be leakproof. 5/25/2004 16200-6 SECTION 16200 ELECTRICAL DIRECTIONAL BORE TAMARAC ROAD RESURFACING PROGRAM 8. Drilling Fluids - If drilling fluids are used to lubricate the auger and facilitate the removal of cuttings, they shall consist of a mixture of water and gel -forming colloidal material such as bentonite, or a polymer surfactant mixture producing a slurry of custard -like consistency. Plain water may be used if appropriate under the conditions outlined in this exhibit. 9. Shoring and Bracing Materials - Materials used for sheeting, sheet piling, cribbing, bracing, shoring and underpinning shall be in good serviceable condition and timbers shall be sound, free from large or loose knots and of proper dimensions, as required by OSHA regulations. 10. Crossing Operation - The actual crossing operation shall be accomplished during daylight hours and shall not begin after the hour pre -established as the latest starting time that will allow completion during daylight hours. 11. Equipment Breakdowns or Other Unforeseen Stoppages If forward motion of the casing is halted at any time other than for reasons planned for in advance (addition of casing and auger sections, etc.) and prevention of voids under paved areas cannot be assured, the casing must be filled with concrete by pressure grouting as soon as possible and abandoned. If removal of the augers from a casing to be abandoned will allow voids to form under paved areas at the casing head, the augers must be abandoned also. When an obstruction is encountered that cannot be passed or an existing utility is damaged, cutting of the pavement for inspection will be approved by the local Maintenance Engineer or his representative, when consideration of all pertinent facts indicate that such action would offer the most practical solution to the problem for all parties concerned. Any such authorized pavement opening shall be repaired according to the appropriate specifications in the Utility Accommodation Guide. END OF SECTION 16200 16200-7 5/25/2004 7 of Tamarac Purchasing and Contracts Division COMPANY NAME: (Please Print): Phone: Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions, Special Conditions and the ' General Requirements. ' ❑ 2. Carefully read the Detailed Specifications, and properly fill out the Bid Forms. ❑ 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 form. ' ❑ 7. Sign the Vendor Drug -Free Workplace form. ' ❑ 8. Fill out the List of Subcontractors. ❑ 9. Include a 5° /o Bid Guarantee. Failure to provide a bid guarantee will result in ' automatic rejection of your bid. Payment and Performance Bonds will be reqired and must be submitted th City's forms, included on a in this document. ' ❑ 10. Fill out and sign the Certified Resolution. ❑ 11. Include proof of insurance. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. 1 1 1 Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 1 41 Bid Coverpage Checkst City of Tamarac Purchasing and Contracts Division BID FORM ' BID 04-20B PROSPECT ROAD LANDSCAPING IMPROVEMENTS ' Submitted by: Date (Bidder) ' THIS BID IS SUBMITTED TO: City of Tamarac ' Purchasing and Contracts Manager 7525 Northwest 88th Avenue ' Tamarac, Florida 33321 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 "Schedule of Bid Prices". ' 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. BF-1 of Tamarac Purchasing and Contracts Division 1 1 1 1 r 1 1 1 1 1 BID FORM Bid 04-20B Prospect Road Landscaping Improvements -Rebid (continued) The City of Tamarac is hereby requesting Bids, from qualified vendors, to provide landscaping improvements, as follows: Landscape and irrigation Improvements to Prospect Road from NW 28th Avenue to NW 24th Avenue, in a pint p roj)ct agreement w ith Broward County. Work shall include the installation of landscaping, irrigation, including pumps and controls, and brick pavers. In order to be considered for this project, the vendor must meet the following conditions: 1. Has successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5) years. 2. Must be able to document the requested experience upon request. We propose to furnish the following in conformity with the specifications and at the bid Prices referenced on the Schedule of Bid Prices. The bid prices quoted have been checked and certified 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. . Name of Bidder See Schedule of Bid Prices on the following pages. Date 1 BF-2 City of Tamarac Purchasing and Contracts Division BID FORM Bid 04-20B Prospect Road Landscaping Improvements -Rebid 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. Company Name ' Address City, State, ZIP Contractor's License Number 1 1 1 Authorized Signature Typed/Printed Name Telephone & Fax Number Federal Tax ID# I SF-3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of Tamarac Purchasing and Contracts Division BID FORM Bid 04-20B Prospect Road Landscaping Improvements -Rebid Bidders Name: TERMS: Net DAYS or % discount within days Delivery/completion: 180 calendar days after receipt of Notice to Proceed. To be considered eligible for award, one (1) original of this bid form must be submitted with the Bid. Two (2) copies should accompany the original; however, copies must be provided within 3 days of the City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF NO BIWIS OFF ERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. 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"IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Name of Corp.) 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. I further certify that the following are the name, titles and official signatures of those persons ' authorized to act by the foregoing resolution. 1 NAME TITLE SIGNATURE LJ 1 Given under my hand and the Seal of the said corporation this day of 120 1 (SEAL) 11 I 1 By: Secretary Corporate Title NOTE: 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. 1 Page 1 of 1 Certified Resolution 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of Tamarac Purchasing & Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED VUH THE BID W(I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. W(I) ce rtify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. "gree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL R RRTNERSHIP 11 CORORATION F� OTHER If "Other", Explain: Authorized Signature Title Company Name City/State/ii Ex Number Name (Rnted Or Typed) Ederal Employer I.D./Social Security No. Address Telephone Contact Prson Page 1 of 1 Certification 1 11 7 L 1 1 Ij 1-1 1 1 1 1 I 1 1 Ll 1 of Tamarac e-j Purchasing & Contracts DiViSio17 OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88th Avenue Tamarac, Florida 33321 Company: Contact Name: Address: City, State, Zip Telephone No. Fax No. Check One Corporation Partnership Individual F-10ther 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: The address of the principal place of business is: If Offeror is a corporation, answer the following: a) Date of Incorporation: b) State of Incorporation: c) President's name: d) Vice President's name: e) Secretary's name: f) Treasurer's name: g) Name and address of Resident Agent: I_ _ _ Page 1 of 5 Oh°eror's Qualification Statement City of Tamarac Purchasing & Contracts Division 3. If Offeror is an individual or a partnership, answer the following: ' a) Date of organization: b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with p 9 p the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? ' a) Under what other former names has your organization operated? 1 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. Have you personally inspected the site of the proposed work? ' FIYES F-1 NO 9. Do you have a complete set of documents, including drawings and addenda? ❑ YES ❑ NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? F-1 YES ❑ NO Page 2 of 5 Cfferor's Qualification Statement ICity of Tamarac Purchasing & Contracts Division 1 1 I 1 11 1 1 1 1 1 1 1 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 14. State the name of the individual who will have personal supervision of the work: 15. State the name and address of attorney, if any, for the business of the Offeror: 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: Page 3 of 5 Offeror's Qualification Statement 1 City of Tamarac 1 fl Purchasing & Contracts Oivision 18. State the name of Surety Company which will be providing the bond, and name and address of agent: 19. Bank References: 'Bank Address Telephone ' 20. Attach a financial statement including Offeroes latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued ,payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding ' shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: ' 22. Is this financial statement for the identical organization named on page one? ❑ YES FINO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 1 1 Page 4 of 5 afferor's Qualification Statement City of Tamarac t. Purchasing & Contracts Division ' The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract ' and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel ' and terminate the award and/or contract. Signature ' ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of 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, STATE OF FLORIDA 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 Page 5 of 5 Offeror's Qualification Statement City of Tamarac Purchasing & Contracts DiviSio17 NON -COLLUSIVE AFFIDAVIT ' State of _ _.._ ) )SS. ' County of being first duly sworn, deposes and says that: 1. He/she is the , (Owner, Partner, Officer, Representative or Agent) of _.. — the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. 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; 5. 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: By Witness Witness 1 1 Printed Name Title 1 Page 1 of 2 Non -Collusive Affidavit 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of Tamarac I. Purchasing & 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 Page 2 of 2 Non -Collusive Afridavit ' City of Tamarac Purchasing & Contracts Division r 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 -tee workplace program shall be given preference in the award process. Established procedures for processing tie bids will be I followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: ' 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against ' employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business'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. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). ' 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the ' employer of any conviction of, or plea of guilty or nolo contenders 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. 5. 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. ' 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I ' certify that this form complies fully with the above requirements. Authorized Signature Company Name IPage 9 of ? Drug -Free Workplace City of Tamarac ,, Purchasing & Contracts Division REFERENCES 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/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Page I of i References 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of Tamarac LIST OF SUBCONTRACTORS & Contracts Division The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half 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 non -responsive and may cause its rejection. Subcontractor Name/Address % Total Contractor Contract License No. Work to Be Performed Page 1 of 1 List of Subcontractors ' City of Tamarac Purchasing & Contracts Division E. 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: 1 1 1 1 1 IF 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 20, for: Bid No. 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. I Page 1 of 2 Bid Bond 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City of Tamarac ACKNOWLEDGEMENT BID BOND & Contracts Division Signed and sealed this day of , 20— IN PRESENCE OF: (AFFIX SEAL) ATTEST: Secretary ATTEST: Secretary *Impress Corporate Seal Principal Business Address City/State/Zip Business Phone Surety* By Title Attorney -In -Fact* By Page 2 & 2 Bid Bond Acknowledgement 1 1 1 1 F1 1 1 J 1 1 1 1 1 of Tamarac V-1 Payment B017d FORM PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, as Principal, hereinafter called CONTRACTOR, and as Surety, are bound to the City of 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 , 20 , 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: 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. 1 Page 1 of 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of Tamarac Payment Bv7d 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 WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) day of , 20 Page 2 of 3 Principal LZ 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 [I of Tamarac Payment Bond FORM PAYMENT BOND ' State of 1 County of 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) ,a (Name of Corporation) ' corporation, on behalf of the corporation. 1 WITNESS my hand and official seal. INOTARY PUBLIC SEAL OF OFFICE: 1 1 [1 I 1 11 of (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 Mond; 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) 1 Page 3 of 3 City of Tamarac Performance Bond 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/Contract/Project No.: awarded the day of , 20 , 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 1 1 1 1 Ll 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. 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: 4.1 Complete the Contract in accordance with its terms and conditions; or ' Page 1 of 4 ' City of Tamarac Performance Bond 4.2 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the 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 Band 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 , 20 WITNESSES 1 Secretary 1-1 1 1 (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above Page 2 of 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of Tamarac --- - --t IN THE PRESENCE OF: INSURANCE COMPANY: Performance Bond By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone ACKNOWLEDGMENT FORM PERFORMANCE BOND State of County of 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) (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: a of (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 Page 3 of 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of Tamarac 19 CERTIFICATE AS TO PRINCIPAL Performance Bond 1, , 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) Page 4 of 4 (Name of Corporation) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of Tamarac Purchasing & Contracts Division APPLICATION FOR PAYMENT Contract Title: Contract/Purchase Order No.: Contract Change Order Value: _ Cumulative No. Change Orders: Original Contract Value: Current Contract Value: 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. 10% of Completed Work b. 10% 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: Approved for Payment: Contractor Project Manager Page 1 of 1 Date: Date: Application for Payment 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City of Tamarac Pcrrchasing & Contracts Division CHANGE ORDER DATE OF ISSUANCE: CHANGE ORDER NO. OWNER: PROJECT CITY OF TAMARAC NAME: 7525 NW 880i Avenue Tamarac, FL 33321-2401 BID NO. PROJECT NO. CONTRACTOR 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 MNTRACT 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 City of Tamarac, Purchasing & Contracts Division .l FINAL RELEASE OF LIEN BY CONTRACTOR STATE OF FLORIDA: COUNTY OF BROWARD: ' The undersigned contractor, under a certain contract with the City of Tamarac, dated , 20 , in connection with the following public work: 1 PROJECT: CONTRACT NO. ' 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. 1 1 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 _ 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 20 ' Signed, Sealed and Delivered in the Presence of. 1 1 Corporate Secretary Signature Type Name 1 0 Contractor President Signature Type Name ' Pa........... ge 1 of 2 Final Release of Lien 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of Tamarac Purchasing & 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 (Name(s) of individual(s) who appeared before notary) and 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: iwor ,%i ruoL.it., oimiC ur r'LVKIUH (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 2 of 2 Release of Lien Acknowledgement City of Tamarac Purchasing and Contracts Division SAMPLE tAGREEMENT BETWEEN THE CITY OF TAMARAC AND ' THIS AGREEMENT is made and entered into this day of , 2004 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 corporation with principal offices located at (the "Contractor") to provide landscaping improvements on Prospect Road from NW 28th Avenue to NW 24th Avenue in a joint project agreement with Broward County (the "County"). 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; all documents contained in Bid No. 04-20B, Prospect Road Landscaping Improvements (General, Special and other Conditions), drawings, specifications, all addenda issued prior to, 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. 2) The Work ' The contractor shall perform all work for the City required by the contract documents as specified in Bid 04-20B as set forth below: ' a. Contractor shall furnish all labor, materials, and equipment necessary for the installation of landscaping, irrigation, including pumps and controls, and brick pavers, site restoration and all other incidentals as indicated by the drawings and specifications or as required to properly complete the project as planned. b. Contractor shall furnish all labor, materials, equipment, tools, service and ' supervision necessary to properly complete the project. Installation shall be by a licensed contractor and crew with at least three years of verifiable full- time experience with projects of similar nature or dollar cost. C. Contractor shall clean up and remove all debris and material created by the work each day, at the Contractor's expense. d. 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 11 City of Tamarac __ _....._ _.. Purchasing and Contracts Division at all times have a competent field supervisor on the job site to enforce these Policies and procedures at the Contractor's expense. ' e. All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal ' injuries caused by the Contractor's failure to safely store equipment. f. 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. g. 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 Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount 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, 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. -- 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 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. Contractor shall indemnify and hold the County harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the County and the Broward County Board of County Commissioners as additional insureds. 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 The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than ten (10) days after the date that Contractor receives Notice to Proceed. The work shall be substantially completed no later than 180 days from receipt of Notice to Proceed. 2 11 1 1 1 of Tamarac 5) Contract Sum e � Purchasing and Contracts Division The Contract Sum for the above work is Cents ($ ). 6) Payments Dollars and A monthly payment/progress payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 7) Waiver of Liens Prior to 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. 8) Warranty Contractor warrants the work completed against defect for a period of one (1) year from the date of completion. In the event that defect occurs during this time, Contractor shall correct any and all defects either by repair, replacement or re -accomplishment as determined by City. In the event such defects, as determined by the CITY, are not properly ' repaired, replaced or re -accomplished, the CITY shall perform such repairs, replacements or re -accomplishments at the Contractor's risk and cost. Contractor shall be responsible for any damages caused by defect to affected areas or interior of structures. ' 9) Indemnification ' The Contractor shall indemnify and hold harmless the 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 the 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 the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall I pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. ' 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. Contractor shall at all times hereafter indemnify, hold harmless and, at the option of the County Attorney, defend or pay for an attorney selected by the County Attorney to defend COUNTY, its officers, agents, servants, and employees against -any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs and expenses, caused by negligent act or omission of CONTRACTOR, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including without limitation, any and all claims, demands, or causes of action of 3 ' City of Tamarac _ � � � WY ( : _ Purchasing and Contracts Divfsion any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of ' this Agreement. To the extent considered necessary by Contract Administrator and County Attorney, any sums due CONTRACTOR under this Agreement may be retained by CITY and/or COUNTY until all of COUNTY's claims for indemnification pursuant to this ' Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY and/or County. ' 10) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or ' applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. ' 11) Independent Contractor Contractor is an independent Contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to ' supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee ' benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 12) 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. 13) 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, sent by registered United States ' mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 IWith a copy to City Attorney at the same address. 1 ' City of Tamarac��r Y Purchasing and Contracts Division 1 CONTRACTOR 1 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for ' convenience, upon seven (7) days 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. ' Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City 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. ' 15) 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. ' 16) 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. 1 1 fl 1 17) 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. 18) 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. 1 W ' City of Tamarac t, Purchasin and Contracts Division 19) 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. f] 1 1 [7 1 1 1 �I 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of Tamarac and Contracts Division 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 , duly authorized to execute same. ATTEST: Marion Swenson, CMC City Clerk Date ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) 7 CITY OF TAMARAC Joe Schreiber, Mayor Date Jeffrey L. Miller, City Manager Date Approved as to form and legal sufficiency: Mitchell S. Kraft, City Attorney Date Company Name Signature of President/Owner Type Name of President/Owner Date of Tamarac and Contracts Division 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA : :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 of , a Corporation, to me known to be the person(s) described herein 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 , 2004. C3 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