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HomeMy Public PortalAboutRoy-Fisher BidTOWN OF GULF STREAM STATE ROAD AIA HISTORIC HIGHWAY LANDSCAPE ENHANCEMENT PROJECT Construction Documents ROY -FISHER ASSOCIATES, INC. 381 Tequesta Drive Tequesta, FL 33469 Tel 561-747-3462 TABLE OF CONTENTS TITLE PAGE NUMBER SECTION 1 - Instructions and Conditions Request For Bid 2 Conditions 3-5 Index to Instructions to Bidders 6 Instructions to Bidders 7-12 Index of General Conditions 13 General Conditions 14-44 SECTION 2 - Bid Forms 42 Bid 46-50 Bid Bond 51-52 Sworn Statement on Public Entity Crimes 53-54 SECTION 3 - Sample Contract and Post -Award Forms 60 Sample Contract 61-65 Performance Bond 66-67 Payment Bond 68-69 Certificate as to Corporate Principal 70 Contractor's Invoice & Request for Payment Forms 71-80 Certificate of Substantial Completion 81 Contractor's Affidavit and Final Release of Lien 82-83 Subcontractor's, Materialmen and Laborer's Final Waiver of Lien 84 SECTION 4 - Technical Specifications 86 Index of Technical Specification 86 Trees, Shrubs and Ground Covers 87-108 Grass Sodding 109-115 Grass Seeding 116-123 1 REQUEST FOR BIDS TOWN OF GULF STREAM STATE ROAD AIIA HISTORIC HIGHWAY LANDSCAPE ENHANCEMENT PROJECT PALM BEACH COUNTY Sealed bids will be received by the Town Clerk, Town of Gulf Stream, 100 Sea Rd., Gulfstream, Florida on April 30, 1998, up to the 3:00 p.m. opening for work described in the Contract Documents entitled, State Road AIA Historic Highway Landscape Enhancement Project. All bid responses must conform to the instructions in the Request for Bids and shall include a properly executed bid forth and an acceptable bid guaranty in the amount of five percent (5%) of the total bid. The estimated range for this project is $200,000-275,000. The work consists of but is not limited to: Tree, shrub and groundcover planting, landscape labor, installation of split rail fence, pavement removal and associated maintenance of traffic.The contractor shall provide all materials, labor and associated services for bed preparation and planting within FDOT right of way for State Road A1A in Gulf Stream. The contractor shall be responsible for maintenance and watering of the newly planted material for ninety days after final acceptance by hand watering with a watering truck supplied by the contractor. Drawings and specifications may be obtained beginning April 2, 1998 at the Town Hall, 100 Sea Road, Gulf Stream, or by calling (561) 276-5116. Each bid set will be furnished for a fee of $50.00 per set to prospective bidders. There is a mandatory pre-bid meeting on April 15, 1998 in Town Hall Council Chambers at 10:00 a.m. The bid opening is a public meeting. Bid opening will be held in the Gulf Stream Town Hall Council Chambers. Any questions regarding the construction documents should be directed to Diane Johnson at Roy - Fisher Associates, 561-747-3462. 2 STATE ROAD AIIA HISTORIC HIGHWAY LANDSCAPE ENHANCEMENT PROJECT TOWN OF GULF STREAM PALM BEACH COUNTY SUPPLEMENTAL CONDITIONS: The Supplemental Conditions are provided, to clarify, revise or amend the terms and conditions of the Instructions to Bidders, General Conditions and Bid Form for this particular project. Refer to the specific paragraphs noted. Bidders are encouraged to read the following conditions carefully. Failure to comply to these conditions may cause the bid to be declared non-responsive. 1. The Landscape Contractor shall hold a current certification from the Florida Nurserymen and Growers Association Certified Landscape Contractor Program. 2. The work shall include the watering of all plantings on the project, from the time of planting to 90 days after the final acceptance of the planting by the owner and the Landscape Architect. The contractor will submit, at the time of bid, a watering plan describing means and methods of watering. (Section 4.1,3.14) 3. The contractor will be responsible for insuring adequate drainage and appropriate soil in planting areas and will remove any roadway construction debris encountered within planting areas within the project limits. (Section 4.1,3.06) 4. The contractor will call Sunshine, 1-800-432-4770 and the Town of Gulf Stream Water Department to locate utilities. 5. The contractor will submit, at the time of Bid, all sources for coconut palms as well as seed sources for coconuts (Section 4.1, 1.03) 6. The work for this contract will be within the State Road A1A right of way, a heavily used roadway, and all traffic control for work on the road shall conform to the Manual of Uniform Traffic Control Devices(MUTCD), published by the Florida Department of Transportation. Contractor shall meet OSHA safety requirements. Contractor shall submit plan for maintenace of traffic prior to construction. 7. Contractor shall read and agrees to all submittals in Section 4.1, 1.03 and 4.2, 1.03. 3 8. Contractor shall schedule installation for area in front of Gulf Stream School for after June 15th. Contractor shall schedule installation for area adjacent to Golf Club properties after June 1". It may be necessary to postpone the work done at the Bath and Tennis parking area so that paving work can be completed. These areas are marked on the index sheet of the plans. 9. Contractor shall provide price for 40 hours of labor that could be used at the landscape architects discretion for Exotic removals or general maintenance. Should these labor hours not be required, the contractor shall not charge the town. 10. Contractor shall honor unit prices and charge according to the amount of materials used. Some material may not be used due to utility constraints and adjacent property owners wishes. The Town shall not be charged if material is not used. 11. The Landscape Contractor shall stake trees out by section as mutually agreed upon by Landscape Contractor and Landscape Architect. The Landscape Architect may make sight adjustments to tree locations. 12. The drawings are currently going through the review process with Florida Department of Transportation. Successful bidder agrees to fairly negotiate and conditions applied by Florida Department of Transportation during this process. 13. The owner reserves the right to select the bidder which best represents the Town's interest considering location and references as well as price. Each bidder shall submitt a minimum of 3 references for similar projects. A. INSTRUCTIONS TO BIDDERS 1. Every request for interpretation shall be in writing addressed to the Landscape Architect and mailed or faxed to Connie Fisher or Diane Johnson Roy -Fisher Associates 381 Tequesta Drive Tequesta, FL 33469 Phone: (561) 747-3462 Fax: (561) 747-0281 n B. GENERAL CONDITIONS 1. Paragraph 7, Insurance Requirements. Specific limits are: a) b) C) Worker's Compensation - Statutory limits in compliance with applicable State and Federal laws. Comprehensive General Liability Business Auto Liability 5 Limits (Min $500,000) Limits (Min $500,000) INSTRUCTIONS TO BIDDERS INDEX PAGE 1. Date and Place of Bid Opening......................................................................7 2. Inquiries/Addenda..........................................................................................7 3. Preparation of Bids.........................................................................................7 4. Credentials of Bidders....................................................................................8 5. Bidders Disclosure.........................................................................................8 6. Joint Venture 8 7. Public Entity Crimes Affidavit.........................................................................8 8. Bid Guaranty.............................................................................................9 9. Power of Attorney...........................................................................................9 10. Delivery of Bids....................................................................................... 9-10 11. Withdrawal of Bids.......................................................................................10 12. Notice of Intended Award.............................................................................10 13. Acceptance or Rejection of Bids..................................................................11 14. Contract 11 15. Insurance 11 16. Drawings and Specifications........................................................................11 17. Substitute Material and Equipment........................................................ 11-12 18. Equal Opportunity........................................................................................12 3 BIDDERS ARE ENCOURAGED TO READ THE FOLLOWING INSTRUCTIONS CAREFULLY. DEVIATIONS, CHANGES, MODIFICATIONS OR FAILURES TO COMPLETE THE BID CAN, AND IN SOME INSTANCES SHALL, INVALIDATE THE BID. INSTRUCTIONS TO BIDDERS 1. Date and Place of Bid Opening Sealed bids will be received by the Town Clerk, Town of Gulf Stream, 100 Sea Road, Gulf Stream, Florida, at the time set forth in the "Request For Bids "(RFB)". Bids will be publicly opened and read on April 30, 1998. If an award of the Contract is made, it will be as soon thereafter as is practical. 2. Inquiries/Addenda Verbal requests for interpretations of the meaning of the Drawings, Specifications, or other Contract requests for documents will not be valid. Every request for interpretations shall be in writing addressed to the Landscape Architect and to be given consideration must be received at least five (5) calendar days prior to the date fixed for the opening of bids. The Town/Landscape Architect will record its responses to written inquiries and any supplemental instructions in the form of written addenda. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed or faxed to all parties to whom the Town provided the RFB (at the respective addresses for such purposes) not later than two (2) calendar days prior to the bid opening date fixed for the opening of bids. Bidders must acknowledge receipt of the addenda in their bid. Failure of any bidder to receive, or to acknowledge receipt of any such addenda shall not relieve such bidder from any obligation under its bid as submitted, provided, however, that failure to so acknowledge receipt of any such addenda may render a bid non- responsive and result in its rejection. Bidders are advised to contact the Town prior to submitting bids to satisfy themselves as to the existence and number of all such addenda. All addenda so issued shall become part of the Contract Documents, 3. Preparation of Bids Bids shall be submitted on the Bid Forms furnished, or upon an exact copy thereof, and must be signed by an authorized representative of the firm submitting the bid. Bidders must quote on all items listed and failure to do so may disqualify the bid. The intent of the Bid Forms is to secure a price for the work described in these Contract documents entitled as shown in the Supplemental Conditions. VA 4. Credentials of Bidders The Landscape Contractor shall hold a current certification from Florida Nurserymen and Growers Association Certified Landscape Contractor Program. The Landscape Contractor shall have a good command English and be well versed in Florida plant material, planting operations, Plan and Specification interpretation, coordination between the nursery and the project areas. The Landscape Contractor will supervise all work at all times including replacement or guaranatee work. All employees shall be competent and highly skilled in their particular job in order to properly perforin the work assigned to them. The Contractor will be responsible for maintaining the quality of the material on the project. 5. Bidders Disclosure Bids shall be signed by the person or member of the firm, and in the case of a corporation, by some authorized officer or agent subscribing the name of the corporation and his own name. Once bids are opened, they become the property of the Town and will not be returned. The bids become "public records" and shall be subject to disclosure consistent with Chapter 119, F.S. ten (10) calendar days after the bid opening. 6. ,Joint Venture If the bid involves a joint venture, a copy of the joint venture agreement shall be included with the bid along with the attached "Statement of Business Organization". 7. Public Entity Crimes Affidavit All bidders shall submit an affidavit with their bid affirming that the bidder is not in violation of the Public Entity Crime Statute, Section 287.133, Florida Statutes. If it is determined that the bidder is in violation of the Public Entity Crime Statute, the bid bond will be forfeited to the Town (affidavit form enclosed). u 8. Bid Guarantv Each bid must be accompanied by a bid bond acceptable to the Town, prepared on a standard form similar to the Bid Bond Form attached, duly executed by the bidder as Principal. Such Bid Bond shall have a satisfactory surety company, admitted and authorized to do business in the State of Florida, and be in an amount equal to five (5%) percent of the bid amount. Cash, certificate of deposit, cashier's check, treasurer's check or bank draft of any national or state bank in the State of Florida may be tendered in lieu of the bid bond. Certificates of deposit, checks and bank drafts shall be made payable to the Town. Such cash, certificate of deposit, check, bank draft or bid bonds will be returned to all bidders, with the exception of the two (2) lowest bidders, within thirty (30) calendar days after the opening of the bids. Cash, certificates of deposit, check, bank draft or bid bonds of the two (2) lowest bidders will be returned to them promptly after the Town and the successful bidder have (i) executed the Contract for the work, and (ii) the Contractor (successful bidder) has secured and tendered to the Town valid and acceptable Performance and Payment Bonds as required under the provisions of the Contract. Failure of the Town to execute the Contract within eighty (80) calendar days after the date of the bid opening shall initiate release of the cash, certificate of deposit, check, bank draft or bid bonds of the lowest and second lowest bidders unless mutually agreed otherwise. 9. Power of Attomev Attomeys-In-Fact who sign bonds must file with such bond a certified copy of their power of attorney to sign said bonds. 10. Delivery of Bids The original plus one (1) copy of the bid shall be submitted in a sealed envelope and must indicate on the outside, the name and address of the bidder, the title of the proposed work and the contract number. The Town shall not be responsible for bids improperly identified. If forwarded by regular mail or express mail, the sealed envelope containing the bid and marked as directed above, shall be enclosed in another envelope addressed to: Rita Taylor Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483-7427 G If forwarded by overnight courier service (other than United States Postal Service Express Mail), the sealed envelope containing the bid and marked as directed above, shall be enclosed in another envelope. Bids may be hand -delivered to the Town Clerk, at the, Town Hall Building. Facsimile bids will NOT be accepted. The Town cautions bidders to assure actual delivery of mailed or hand -delivered bids directly to the Town Clerk. Telephone confirmation of timely receipt of the bid may be made by calling (561) 276-5116 before bid opening time. Bids received after the established deadline will be returned unopened to the bidder. 11. Withdrawal of Bids Prior to the bid opening, a bid may be withdrawn provided that the bidder submits a written request signed by an authorized representative of the firm that submitted the bid. 12. Notice of Intended Award Tentative bid tabulations will be posted for review by interested parties at Town Hall within two (2) working days of the bid opening. After completion of the review of the bids, a final bid tabulation will be posted for a period of not less than seventy-two (72) hours. Interested parties may inquire by telephone or visit the Town for information as to the intended award. Failure to file a protest within the time prescribed in Rule 40E-7.302, Florida Administrative Code, and Section 120.53(5), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 13. Acceptance or Resection of Bids Pursuant to Rule 40E-7.301, Florida Administrative Code, the Town reserves the right to reject any and all bids when (i) such rejection is in the interest of the Town; (ii) such bid is void per se; or (iii) the bid contains any irregularities, PROVIDED, however, that the Town reserves the right to waive any minor irregularities and to accept the lowest responsible and responsive bid determined by the Town. Bids will be considered irregular if there are omissions, unauthorized alterations of any forms, additions not called for, conditional or unauthorized alternate bids, or other irregularities of any kind. The Town reserves the right to request a written confirmation of the bid and the responsibility of the bidder prior to the awarding of the Contract. Failure of the bidder to confirm the bid within seven (7) 10 working days from the date of the Town's request may render the bid unresponsive and will entitle the Town to award to the next lowest bidder and may require forfeiture of the bid bond. 14. Contract The bidder understands that this RFB does not constitute a Contract with the bidder. An official Contract does not exist until the Contract has been executed by both parties. The bidder to whom the award is made shall, within fifteen (15) calendar days after receipt of the Contract, execute the Contract in substantially the form attached, entering into a Contract with the Town. The executed Contract should be returned to the Town accompanied by the required performance and payment bonds and certificates of insurance as set forth herein. If the bidder fails to execute the Contract or provide the bonds and certificate of insurance within fifteen (15) calendar days, there shall be just cause for the annulment of the award and forfeiture of the Bid Guaranty to the Town. Award may then be made to the next lowest, responsible, and responsive bidder or the work may be readvertised at the Town's sole discretion. 15 Insurance If awarded a Contract, the bidder shall maintain insurance coverage uninterrupted for the duration of the Contract in accordance with the minimum amounts and conditions specified in the General and Supplemental Conditions. Misrepresentations of any material fact, whether intentional or not, regarding the insurance coverage, policies or capabilities may be grounds for rescission of the Contract. 16. Drawings and Specifications Each set of the Contract documents will be provided to prospective bidders for a fee of $30.00. 17. Substitute Material and Equipment A Contract, if awarded, will be on the basis of material and equipment described in the Drawings and the Technical Specifications without consideration of possible substitute or an "or equal" item. Whenever it is indicated that a substitute or an "or equal" item of material or equipment may be furnished or used by the Contractor if acceptable to the Landscape Architect, application for such acceptance will not be considered by the Landscape Architect until after the date of execution of the Contract In all cases, the low bidder shall be determined on the basis of the base bid which shall 11 reflect the costs for the materials and equipment specified. Bidders unable to provide the specified materials and equipment shall be determined unresponsive. 18. EgualO000rtunity The Town of Gulf Stream recognizes fair and open competition as a basic tenet of public procurement. Contractors doing business with the Town are prohibited from discriminating on the basis of race, color, creed, national origin, handicap, age or sex. 12 GENERAL CONDITIONS INDEX SUBJECT PAGE 1. Definitions.......................................................................................................................14 2. Conditions Affecting Work...............................................................................................15 3. Specifications and Drawings......................................................................................16-17 4. Superintendence by Contractor.......................................................................................17 5. Performance Work by the Contractor 6. of ..........................................................................17 Performance Bond and Payment Bond 7. ...........................................................................18 Insurance Requirements 8. ............................................................................................18-19 Indemnification 9. ...........................................................................................................19-20 Subcontracts ...................................................................................................................20 10. Permits............................................................................................................................20 11. Protection of Existing Vegetation, Strictures, Utilities and Improvements.........................................................................................20-22 12. Safety - Loss Control Provisions................................................................................22-23 13. Emergencies................................................................................................................... 23 14. Stone Procedures 15. ........................................................................................................... Changes 23 16. .....................................................................................................................23-25 Claims 17. ............................................................................................................................. Time Extensions 25 .............................................................................................................. 25 18. Differing Site Conditions.................................................................................................. 26 19. Termination for Default...............................................................................................26-27 20. Termination for Convenience.....................................................................................27-29 21. Suspension of Work........................................................................................................29 22. Inspection and Acceptance 23. ........................................................................................2931 Payment to Contractor 24. ............................................................................................... Substantial Completion 31-32 .............................................................................................. 32-34 25. Use and Possession Prior to Completion........................................................................ 34 26. Other Contracts............................................................................................................... 34 27. Material and Workmanship.........................................................................................34-35 28. Warranty ..........................................................................................................................0 29. Work and Storage Areas................................................................................................. 35 30, Tax Exemption 31. ................................................................................................................ Records 36 32. ......................................................................................................................36-37 Public Access 33. .................................................................................................................. Non-Discrimination 37 34. ..........................................................................................................37 Force Majeure ............................................................................................................37-38 35. Value Engineering......................................................................................................38-40 13 GENERAL CONDITIONS 1. DEFINITIONS: a. TOWN: The Town of Gulf Stream, a public corporation of the State of Florida, Gulf Stream, Florida. b. CONTRACTOR: Any individual, firm, partnership, joint venture or corporation entering into a Contract to perform the work specified herein. C. ENGINEER: Certified Inspector by FDOT. For this job Jonathon P. Weymonth, Project Engineer,Keith & Schnars, (954)-776-1616. d. LANDSCAPE ARCHITECT: Professional Consultant under contract by town. For this project Roy -Fisher Associates (561) 747-3462. e. SUBCONTRACTOR: Any individual, firm, partnership or corporation furnishing labor, services or material required under the Contract to the Contractor. f. CONTRACT: The documents containing and describing the mutual understanding between the Town and the Contractor. g. SPECIFICATIONS: The directions, provisions, and requirements contained herein, together with all stipulations contained in the Contract setting out or relating to the method and manner of performing the work, or the quantities and qualities of materials and labor to be furnished under the Contract. h. DRAWINGS: The Drawings, approved by the Town, including reproductions thereof, showing the location, character, dimensions and details of the work to be done. I. DAY: A calendar day j. RESPONSIBLE BIDDER: A responsible bidder is one who is not only financially responsible, but one who is possessed of a judgment, experience, skill, ability, capability and integrity requisite and necessary to perform the Contract according to its terms. 14 k. RESPONSIVE BIDDER: A responsive bid is one in which the bidder has complied with all of the instructions as required in the Request for Bids without modifying or qualifying the work proposed or the forms supplied to be submitted. This includes, but is not limited to, bonds, licenses, certificates of insurance. 2. CONDITIONS AFFECTING WORK The Contractor acknowledges that he has investigated and correlated his observations with the requirements of the Contract and satisfied himself as to the conditions affecting the work. These conditions include, but are not restricted to, those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electrical power, roads and uncertainties of weather, tides or similar physical conditions at the site, and the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Town, as well as from information presented by the Drawings and Specifications made a part of this Contract. Any failure by the Contractor to acquaint himself with the available information will not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Town assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Town, its officers or employees prior to the execution of the Contract, unless such information has been stated expressly in the Contract. The Contractor shall be responsible for making site subsurface investigations and examinations as he or she chooses in order to become familiar with the character of the existing material and the construction conditions under which he or she will work. These subsurface investigations and examinations shall be included in the bid. The Contractor shall not receive separate additional compensation for this. Some or all work areas may contain existing materials such as but not limited to lime rock, and road construction debris and it may even be compacted. This material and any compacted material may interfere with adequate vertical drainage and or proper plant survival and growth. Removal of this material, in order to have adequate vertical drainage is part of the scope of work for this project. Therefore, the subsurface investigations and examinations are necessary in order to determine the extent of removal and excavation required above and beyond the minimum requirements indicated in these Specifications. Compensation for any removal and excavation required above and beyond 15 the minimum requirements indicated including any additional planting soil needed in order to fill the larger excavated area shall be included in the bid. The Contractor shall not receive separate additional compensation for this. 3. SPECIFICATIONS AND DRAWINGS The Contractor shall check all Drawings furnished to him immediately upon their receipt and shall promptly notify the Town or Landscape Architect of all errors, inconsistencies, omissions and discrepancies. Modifications to the Bidding Documents will be issued to all Bidders as Addenda to the Drawings and Specifications and will become a part of the contract. The Landscape Architect and the Owner will not be responsible for oral clarifications. Figures marked on Drawings shall, in general, be followed in preference to scale measurements. Anything mentioned in the Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be of like effect as if shown or mentioned in both. In case of a difference between the Drawings and the Specifications, the Specifications shall govern. In case of a discrepancy either in the figures, in the Drawings, or in the Specifications, the matter shall be submitted to the Town who shall make a determination in writing. Any adjustment by the Contractor without such a determination by the Town shall be at his own risk and expense. All deviations made by the Contractor from the Specifications and Drawings will be compiled and provided to the Town. The Town may furnish from time to time such detail Drawings and other information considered necessary to clarify the Contract. Each bidder submitting a proposal for this Contract shall be responsible to inspect the site to acquaint himself with the nature of conditions which will be encountered during construction. Bids shall include all costs required to execute work under existing conditions. Bidder shall make himself aware of all existing and/or proposed utilities in area of work. The Contractor shall furnish a unit price breakdown for all materials. The Landscape Architect and the Owner may add to or delete from the materials utilizing the unit price breakdown submitted to and accepted by the Landscape Architect/Owner. Unit prices shall be valid throughout the period of this contract from approval of contract. All dimensions indicated for the planting design are approximate. Prior to proceeding with the Work, the Contractor shall carefully check and verify all dimensions and shall report all variation from those indicated in the planting plan to the Landscape Architect in writing. 16 Omissions from the Drawings or Specifications or the misdescription of details of work which are manifestly necessary to cant' out the intent of the Drawings and Specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work as if fully and correctly described in the Drawings and Specifications. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract without providing written notice to the Town, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. Standard references used in the Specifications shall be the latest revision or edition of that reference. Any such referenced paragraph or section revised shall apply to the work as indicated. 4. SUPERINTENDENCE BY CONTRACTOR/PERSONNEL The Contractor, at all times during performance and until the work is completed and accepted, including replacement or guarantee work shall give his personal superintendence to the work or have a competent superintendent at the project site, satisfactory to the Town and with authority to act for the Contractor. The Landscape Contractor shall have a good command English and be well versed in Florida plant material, planting operations, Plan and Specification intrepretation, coordination between the nursery and the project areas. The Landscape Contractor shall hold a current certification from Florida Nurserymen and Growers Association Certified Landscape Contractor Program. All employees shall be competent and highly skilled in their particular job in order to properly perform the work assigned to them. The Contractor shall be responsible for maintaining the quality of the material on the project. 5. PERFORMANCE OF WORK BY THE CONTRACTOR The Contractor shall, with his own organization, perform work equivalent to at least seventy percent (70%) of the total amount of the work to be performed under the Contract. 17 6. PERFORMANCE BOND AND PAYMENT BOND Concurrent with the execution of these Contract documents, the Contractor shall tender to the Town an acceptable performance bond and an acceptable payment bond, using either the forms provided and attached hereto or standard surety forms, in an amount on each bond equal to or greater than one hundred percent (100%) of the total Contract price. Cash, certificate of deposit, cashier's check, treasurer's check or bank draft of any national or state bank in the State of Florida may be tendered in lieu of the payment and the performance bond. Certificates of deposit, checks and bank drafts shall be made payable to the Town. All surety bonds tendered must be written by a company duly authorized to do business in the State of Florida, and if furnished through a broker or agent, said broker or agent shall be registered in the State of Florida. If at any time after the execution of this Contract and the surety bonds, the Town shall deem the surety or sureties upon such bonds to be unsatisfactory or, if for any reason such bonds cease to be adequate to cover the requirements of the Contract, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Town, furnish an additional bond in such form and amount and with such surety as shall be satisfactory to the Town. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security shall be furnished in manner and form satisfactory to the Town as to protect the interests of the Town and ensure the payment of persons supplying labor and materials under the Contract. 7. INSURANCE REQUIREMENTS The Contractor shall maintain, or cause to be maintained, the following specified insurance coverages in the amount set forth hereafter. a. WORKERS' COMPENSATION: Coverage to apply for all employees for Statutory Limits in compliance with the applicable state and federal laws. The policy shall include Employer's Liability. Notwithstanding the number of employees or any other statutory provisions to the contrary, coverage shall extend to all employees of the contractor and subcontractor. b. COMPREHENSIVE GENERAL LIABILITY: Shall have the minimum limits as specified in the Supplemental Conditions Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations, Independent Contractors, Products and Completed Operations, Broad Form Property / Personal Injury, XCU coverage, and a Contractual Liability Endorsement. 18 c. BUSINESS AUTO LIABILITY: Shall have the minimum limits of coverage as specified in the Supplemental Conditions Per Occurrence, Combined Single Limit for Bodily Injury and Property Damage Liability. This shall be an "any -auto" policy including Owned, Hired, Non - Owned, and Employee Non -Ownership Coverage. d. BUILDERS RISK COVERAGE: Shall have an All Risk Coverage with the limits of insurance equal to 100% of the completed value of such addition(s), building(s), or structure(s). Coverage shall include Waiver of Occupancy Clause Endorsement which will enable the Town to occupy the facility under construction/renovation during such activity. There shall be a Maximum Deductible clause of $5,000 for each claim. The Town of Gulf Stream shall be included as an Additional Insured under the General Liability, Automobile Liability, and Builders Risk policies. Current valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the named project. There shall be a thirty (30) day notification to the Town of Gulf Stream, in the event of cancellation or modification of any stipulated insurance policy. It shall be the responsibility of the Contractor to ensure that all Subcontractors are adequately insured or covered under their policies. Certificates of Insurance shall be on file with the Town of Gulf Stream, and approved by same prior to the commencement of any work activities. Such approval does not waive the Contractor's responsibility to comply with the requirements of this section on modifications of this section. The Town may at its discretion, require the Contractor to provide a complete certified copy of its insurance policy(s). If this contract includes the installation of machinery and/or equipment into an existing structure, the above policy must include an endorsement covering same. This includes installation and transit. 8. INDEMNIFICATION For $100.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged as part of the first payment for services, the Contractor shall indemnify and save harmless the Town, its agents, guests, invitees and employees, from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description to which the Town, its agents, guests, invitees, or employees may be subjected by reason of personal injury, bodily injury including death or property damage, resulting from or growing out of any intentional negligent, or careless act of commission, omission, or consequential damage connected with the Contractor, its Subcontractors, its agents, or employees, and committed in connection with this Contract, Contractors performance hereof, or any work performed hereunder. 19 C C G F C C I C I The Contractor shall indemnify and save harmless the Town, its agents, or employees from and against all claims, demands, actions, suits, damages losses, expenses, costs, including attorney's fees, and judgements of every kind and description arising from, based upon, or growing out of the violation of any Federal, State, county or city law, by-law, ordinance of regulation by the Contractor, its agents, trainees, invitees, servants or employees. The Contractor further acknowledges that it is solely responsible for ensuring the safety of the premises to protect its employees, subcontractors, invitees, licensees and all other persons during the course of the work, and agrees to hold and save the Town harmless against all claims involving alleged negligence by the Town in failing to adequately ensure the safety of the premises or otherwise ensure compliance with the Contract. 9. SUBCONTRACTORS The Contractor is as fully responsible to the Town for the acts, coordination and omissions of his Subcontractors and of persons either directly or indirectly employed by said Subcontractor, as he is for the acts and omissions of persons directly employed by him. The Contractor shall submit the names of the Subcontractors proposed for the work for Town acceptance at the pre -construction conference. The Contractor shall not substitute any Subcontractor without the prior consent of the Town. Nothing contained in the Contract shall create any contractual relationship between any Subcontractor and the Town. 10. PERMITS The Contractor shall, without additional expense to the Town, be responsible for obtaining licenses and permits and for complying with any applicable Federal, State, County and municipal laws, codes, and regulations in connection with the prosecution of the work. A notice to proceed from FDOT is included with these Contract Dcuments. 11. PROTECTION OF EXISTING VEGETATION, STRUCTURES, UTILITIES AND IMPROVEMENTS The Contractor will preserve and protect all existing vegetation such as trees, shrubs, and grass on or adjacent to the site of work which is not to be removed and which does not unreasonably interfere with the construction work. The Contractor shall exercise caution when working in the vicinity of existing vegetation to prevent damage to the vegetation, both mechanical and chemical. If Contractor damages existing plants due to his own negligence, then he shall be responsible to replace the plants at his cost, within five (5) calendar days. 20 The Contractor shall remove all existing herbaceous plant material and exotics necessary to implement the landscape plan, as indicated on the drawings. Any other existing vegetation shall be examined by the Landscape Architect on site to determine whether it should be removed. Contractor shall be responsible for removal or protection as determined on site. Care will be taken in removing trees authorized for removal to avoid damage to vegetation to remain in place. Any limbs or branches of trees broken during such operations or by the careless operation of equipment, or by workmen, shall be trimmed with a clean cut. The work area may have existing utilities, such as, but not limited to, irrigation, phone, electrical and storm sewer. The location of some of these existing utilities have been indicated on the Plans. However, no guarantee is implied that the Plans are accurate or complete. It shall be the responsibility of the Contractor to verify the location of all such utilities, structures, etc., by hand excavation or other appropriate measures before performing any work that could result in the damage or injury to persons, utilities, structures or property. The Contractor shall make a thorough search of the site for utilities, sutrotures, etc. before work is commenced in any particular location. The Contractor shall coordinate with Call Sunshine and the Town of Gulf Stream to mark all existing utilities. The Contractor shall take immediate steps to repair, replace or restore all services to any utilities or other facilities which are disrupted due to his or her operations. Further, the Contractor shall engage any additional outside repairs on a continuous "around the clock° basis until services are restored. The Contractor shall also provide and operate any supplemental temporary services to maintain uninterrupted use of the facilities. All costs involved in the repairs and restoring of disrupted service resulting from negligence on the part of the Contractor shall be bome by the Contractor and the Contractor shall be fully responsible for any and all claims resulting from the damage. Should utilities, structures, etc. be encountered which interfere with the work, the Landscape Architect shall be consulted immediately in order for a decision to be made on the relocation of the work so it will clear the obstruction, if the obstruction cannot be relocated. The Contractor shall not purposefully disrupt or disconnect any type of utility whatsoever without first obtaining the written permission of the Landscape Architect. Request for disconnection must be in writing and received by the Landscape Architect or owner at least sever (7) days prior to the time of the requested interruption. 21 The Contractor shall continuously maintain adequate protection of all his Work from damage and shall protect the Owners property from injury or loss arising in connection with his Work. The Contractor shall take care to avoid damage to any existing buildings, equipment, piping, pipe coverings, electrical systems, sewers, sidewalks, landscaping, grounds, aboveground or underground installations of structures of any kind, and shall be responsible for any damage that occurs as result of his Work. Contractor shall adequately protect his Work and all adjacent property as provided and required by law The Contractor shall keep neat and orderly all of the area where this system is being installed. Disposal of rubbish and waste material resulting from the installation shall be continual. Upon completion of the system, the Contractor shall remove from the property, at his own expense, all temporary structures, rubbish, and waste materials resulting from the installation of system. 12. SAFETY - LOSS CONTROL PROVISIONS The Contractor shall be responsible for providing safe and healthful working conditions for employees of the Contractor, subcontractors, the Town or its invitees. The Contractor shall initiate and maintain an accident prevention program which should include, but is not limited to, the following: Establish and supervise programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. The Contractor shall be responsible for providing first-aid services and medical care to all his employees. The Contractor shall be responsible for development and maintenance of an effective fire protection and prevention program at the job site throughout all the phases of construction, repair, alterations, or demolition work. The Contractor shall establish and maintain good housekeeping practices throughout all phases. The Contractor shall be responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions, including safety belts, lifelines and lanyards. The Town's safety representative or any superior may, but is not required to, order that the work be stopped if a condition of immediate danger exists. Nothing contained herein shall be construed to shift responsibility or risk of loss for injuries or damage sustained as a result of a violation of this section from the Contractor to the Town and the Contractor shall remain solely and exclusively responsible for compliance with all safety requirements and for the safety of all persons and property at the project site. Employees required to handle or use toxins, caustics and other harmful substances shall be instructed regarding the safe handling and use, and be made aware of the potential hazards, personal hygiene and personal protective measures required. All work shall meet 22 and be in compliance with standards and regulations set forth by Occupational Safety and Health Administration (OSHA), Florida Department of Labor and Employment Security and any and all other appropriate federal, state, local or Town safety and health standards including but not limited to OSHA Excavation Safety Standards as enumerated in the "Trench Safety Act" Section 553.60, Florida Statutes. 13. EMERGENCIES In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Town, is obligated to act to prevent threatened damage, injury or loss. 14. STORM PROCEDURES The Contractor shall be required to secure or remove from the site, prior to a storm event, any materials or equipment which could cause bodily injury, damage to the Work, the Town's installations and/or public or private property. Site excavations shall be required to be secured and/or backfilled. No Contractor equipment may be parked within 100 feet of any Town facilities. In the event of the issuance of a Storm Warning, the Town will attempt to notify the Contractor, however, the Contractor is responsible for preparing for a storm event. The Contractor shall take the necessary precautions to protect the walking and motoring public from harm due to construction activity. 15. CHANGES The Town may, without invalidation of the Contract, at any time, without notice to the sureties, by written change order, make any change in the work within the general scope of the Contract, including, but not limited to, changes: a. In the Specifications (including drawings and designs); b. In the method or manner of performance of the work; c. In accelerating the performance of the work. 23 Any other written order from the Town which causes any such change, shall be treated as a change order under this clause. No additional compensation or change in Contract time will be allowed in the absence of a change order signed by an authorized Town representative. If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for the performance of any part of the work under this Contract, whether or not changed by any order, an equitable adjustment shall be made and the Contract modified in writing accordingly. In the case of defective Specifications for which the Town is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with such defective Specifications. If the Contractor intends to assert a claim for an equitable adjustment under this clause, he shall, within ten (10) days after receipt of a written change order or the furnishing of a written notice, submit to the Town a written statement setting forth the general nature and monetary extent of such claim. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract. All adjustments to the Contract sum resulting from a change in work shall be determined by the measure of actual, or estimated, out-of-pocket costs and direct expenses incurred or saved by the Contractor for labor, materials, equipment plus overhead and profit for performing or deleting the changed work. The maximum percentages and other considerations relative to change orders shall be as follows: a. For all change order work done by the Contractor's own organization, the Contractor may add an amount not to exceed fifteen percent (15%) of his actual costs for combined overhead and profit. b. For all change order work done by the Subcontractor, the respective Subcontractor may add an amount not to exceed fifteen percent (15%) of the actual costs for combined overhead and profit, and the Contractor may add an amount not to exceed seven and one- half percent (7 1/2%) of the above Subcontractor's cost for his overhead and profit. c. A bond cost of one percent (1 %) of the total amount of the added cost will be allowed the Contractor. 24 The Contractor, in connection with any proposal he makes for a Contract modification, shall furnish a price breakdown, itemized as required by the Town. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all materials, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved in the modification, whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification, therefore, shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Town. 16. CLAIMS The Contractor shall give written notice to the Town of any claim for an increase in the Contract sum or Contract performance period arising under or relating to the Contract within ten (10) days after the occurrence of the event giving rise to such claim. The Contractor shall provide the Town justification of all claims with complete and accurate supporting data. The claim shall accurately reflect the Contract adjustment for which the Contractor believes the Town is liable. The Town shall review all such material within thirty (30) days and make such determinations which it considers fair and reasonable. If the materials are insufficient to make a determination, the Town may request additional documentation from the Contractor and the thirty (30) days will begin from receipt of additional documents. The Contractor shall proceed diligently with performance of the Contract pending resolution of any claim or dispute. Upon agreement between the Town and the Contractor all equitable adjustments shall be set forth in a change order. No claim by the Contractor for an equitable adjustment herein shall be allowed if asserted after final payment under this Contract. 17. TIME EXTENSIONS The Contractor's right to proceed shall not be terminated nor the Contractor charged with liquidated damages if the delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, acts of the public enemy, acts of the Town, acts of another contractor in performance of a contract with the Town, fires, floods, epidemics, quarantine restrictions, strikes, embargoes, unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without fault or negligence of both the Contractor and such subcontractors or suppliers. 25 18. DIFFERING SITE CONDITIONS During the progress of the work should the Contractor encounter differing site conditions the Contractor shall within 48 hours, and before such conditions are disturbed, deliver to the Town written notice of: a. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or, b. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. The Town shall promptly investigate the conditions, and if he finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this Contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Contract modified in writing accordingly. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract. 19. TERMINATION FOR DEFAULT The Town may terminate the Contract if the Contractor. a. Persistently or repeatedly refuses or fails to supply enough skilled workers or proper materials; b. Fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; c. Disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; d. Is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency; 26 e. Otherwise is guilty of substantial breach of a provision of the Contract. When any of the above reasons exist, the Town may, without prejudice to any other rights or remedies of the Town and after giving the Contractor and the Contractor's surety seven (7) days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: a. Take possession of the site and all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor, b. Accept assignment of subcontracts; and c. Finish the work by whatever reasonable method the Town may deem expedient. When the Town terminates the Contract for one of the reasons stated in this paragraph, the Contractor shall not be entitled to receive further payment until the work is finished. If the unpaid balance of the Contract Sum exceeds costs of finishing the work as determined by the Town, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Town. This obligation for payment shall survive termination of the Contract. Upon a final determination that the termination was improper, it will be deemed converted to a termination for convenience and the Contractor's remedy for a wrongful termination will be limited to recovery of profit for the completed work and reasonable termination costs. 20. TERMINATION FOR CONVENIENCE The performance of work under this Contract may be terminated by the Town in accordance with this clause in whole, or from time to time in part, whenever the Engineer shall determine that such termination is in the best interest of the Town. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by the Town, the Contractor will: a. Stop work under the Contract on the date and to the extent specified in the Notice of Termination; 27 b. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the Contract as is not terminated; c. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; d. Assign to the Town, in the manner, at the times, and to the extent directed by the Town, all of the right, title and interest of the Contractor under the orders and subcontracts so terminated, in which case the Town shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; e. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Town, to the extent required, which approval or ratification shall be final for all the purposes of this clause; f. Transfer title and deliver to the Town, in the manner, at the times, and to the extent, if any, directed by the Town: The fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in connection with, the performance of the work terminated by the Notice of Termination, and the completed or partially completed plans, drawings, information, and other property which, if the Contract had been completed, would have been required to be furnished to the Town; g. Use best efforts to sell, in the manner, at the times, to the extent, and at the price directed or authorized by the Town, any property of the types referred to in (0 above; provided, however, that the Contractor shall not be required to extend credit to any purchaser, and may acquire any such property under the conditions prescribed by and at a price or prices approved by the Town; and provided further, that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Town to the Contractor under this Contract or shall otherwise be credited to the price or cost of the work covered by this Contract or paid in such other manner as the Town may direct; h. Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and 28 L Take such action as may be necessary, or as the Town may direct, for the protection and preservation of the property related to this Contract which is in the possession of the Contractor and in which the Town has or may acquire an interest. After receipt of a Notice of Termination, the Contractor shall submit to the Town his termination claim, in the form and with certification, prescribed by the Town. The Contractor and the Town may agree upon the whole or any part of the amount to be paid to the Contractor by reason of the total or partial termination of work pursuant to this clause. This amount may include a reasonable allowance for profit on work not performed, provided that such agreed amount, exclusive of settlement costs, shall not exceed the total Contract price as reduced by the amount of payments otherwise made and as reduced by the estimated cost of the Contractor's overhead and administrative expenses for work not performed, and as further reduced by the Contract price of work not terminated. The Contract shall be amended accordingly, and the Contractor shall be paid the agreed amount in accordance with the Section entitled "Payment to Contractor'. 21. SUSPENSION OF WORK The Town may, with or without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part, for such period of time as the Town may determine. An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance caused by suspension, delay or interruption. No adjustment shall be made to the extent: a. That performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Contractor is responsible; or b. That an equitable adjustment is made or denied under another provision of this Contract Adjustments made in the cost of performance may have a mutually agreed, fixed, or percentage fee. 22. INSPECTION AND ACCEPTANCE All work shall be subject to inspection and test by the Town and/or Landscape Architect at all reasonable times and at all places prior to acceptance. Any such inspection and test is for the sole benefit of the Town and shall not relieve the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the Contract requirements. 29 An observation or approval at the growing site does not preclude the right of rejection at the project site. If the Landscape Architect has not made an on site observation to discover faulty material or work, omitted material or work, or material or work performed which is not in accordance with the Plans and Specification, this shall not bar the Landscape Architect from subsequently rejecting such material or work at a later time. The Landscape Architect's on site observations or inspections shall be only for the purpose of verifying that the Plans and Specifications are being implemented properly. No inspection or test by the Town or Landscape Architect shall be construed as constituting or implying acceptance. Inspection or test shall not relieve the Contractor of responsibility for damage to or loss of the material or work in place prior to acceptance, nor in any way affect the continuing rights of the Town after acceptance of the completed work. The Contractor shall, without charge, replace any material or correct any workmanship found by the Town not to conform to the Contract requirements, unless the Town consents to accept such material or workmanship with an appropriate adjustment in Contract price. The Contractor shall promptly segregate and remove rejected material from the premises. If the Contractor does not promptly replace rejected material or correct rejected workmanship, the Town: a. May, by Contract or otherwise, replace such material or correct such workmanship and charge the cost thereof to the Contractor, or b. May terminate the Contractor's right to proceed in accordance with the Section of this Contract entitled 'Termination for Default". The Contractor shall furnish promptly, without additional charge, all facilities, labor and material reasonably needed for performing such safe and convenient inspection and test as may be required by the Town. All inspection and test by the Town shall be performed in such manner as not to unnecessarily delay the work. The Town reserves the right to charge to the Contractor any additional cost of inspection or test when material or workmanship is not ready at the time specified by the Contractor for inspection or test, or when reinspection or retest is necessitated by work not complying with the Contract and/or any applicable Federal, State or municipal laws, codes and regulations in connection with the prosecution of the work. iD Should it be considered necessary or advisable by the Town at any time before acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the Contractor shall, on request, promptly furnish all necessary facilities, labor and material. If such work is found to be defective or not conforming in any material respect, due to the fault of the Contractor or his Subcontractors, he shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, an equitable adjustment shall be made in the Contract price to compensate the Contractor for the additional services involved in such examination and reconstruction and, if completion of the work has been delayed thereby, he shall, in addition, be granted a suitable extension of time. Upon occasion, Landscape Architect may require that a tree or shrub be 'lifted' out of a planting hole to inspect the application of fertilizer and soil ammendments. Any expense associated with these inspections shall be included in the contract price. Unless otherwise provided in this Contract, acceptance by the Town shall be made as promptly as practicable after completion and inspection of all work required by this Contract, or that portion of the work, that the Town determines can be accepted separately. Acceptance shall be final and conclusive, except as regards latent defects, fraud or such gross mistakes as may amount to fraud or as regards the Town's rights under any warranty or guarantee. The Town shall evidence acceptance of the work in writing by approved request for "Final Payment". 23. PAYMENT TO CONTRACTOR The Contractor shall submit to the Town for review a realistic Schedule of Contract Values which will reflect the estimated cost of each subdivision of work of each specification section; the value of each item shall include a true proportionate amount of the Contractor's overhead and profit. The Itemized bid can be used for this purpose. The sum of all such scheduled values shall equal the Contract sum as evidenced by the Contract. The Schedule of Contract Values, when approved by the Town, will accompany and support the Contractor's periodic applications for payment and shall indicate the value of suitably stored material as well as labor performed and materials incorporated into the work for each subdivision of the schedule during the period for which the application is prepared. The Contractor shall submit original applications for payment (invoices) every two weeks to the Town. The first application for payment shall indicate a charge of $100.00 for indemnification of the Town by the Contractor pursuant to Section 725.06 Florida Statutes. An early payment discount, if offered by the Contractor, shall be clearly indicated on the invoice, including the percentage of the discount and the time period of which the discount is valid. The Town reserves the option to accept such early payment discounts. The acceptance of the invoice by the Town shall constitute the start 31 of the payment process whereby the Town shall pay the full amount of the invoice for the cost of work performed and of the actual cost of materials suitably stored at the site, less ten (10%) percent retainage, within thirty (30) days, provided the Contractor performed the work according to the terms and conditions of the Contract. In the event that the Town disputes any part of the Contractor's invoice, then it shall be returned to the Contractor within five (5) days for the Contractor to revise and resubmit the invoice to the Town and the thirty (30) days begins from receipt of the revised invoice. After the work is fifty percent (50%) complete, the Contractor may request that the Town reduce the total retainage to five percent (5%) of the dollar value of all work satisfactorily completed, provided that the Contractor is making acceptable progress and there is no specific cause for greater retainage. The Town may reinstate the retainage to ten percent (10%) if the Town determines, at its discretion, that the Contractor is not making acceptable progress, or where there is other specific cause for such withholding. Cost of work is defined as material, labor, overhead and profit. The Contractor shall submit invoices from material suppliers to substantiate the actual cost of material stored. All applications for payment shall follow the format shown in the "Standard Contractor's Invoice" form prescribed, with the current Schedule of Values and other supporting documents attached. The Contractor warrants that title to all work covered by the application for payment will pass to the Town upon payment. The Contractor further warrants that upon submittal of an application for payment, all work for which certificates for payment have been previously issued and payments received from the Town shall be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, subcontractors, material supplies, and other persons or entities making a claim by reason of having provided labor, material, and equipment relating to the work. 24. SUBSTANTIAL COMPLETION Substantial Completion is the stage in the progress of the work when the work, or designated portion thereof, is sufficiently complete in accordance with the Contract so the Town can occupy or utilize the work for its intended use. When the Contractor considers that the work, or a portion thereof, which the Town agrees to accept separately is substantially complete, the Contractor shall prepare and submit a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all work in accordance with the Contract. Upon receipt of the Contractor's 32 list, the Town will make an inspection to determine whether the work or designated portion thereof is substantially complete. If the Town's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract, the Contractor shall, before issuance of the Certificate of Substantial Completion by the Town, complete or correct such item upon notification by the Town. The Contractor shall then submit a request for another inspection by the Town to determine Substantial Completion. The contractor shall be responsible for fees at current hourly rates for Landscape Architect for any more than three site visits associated with substantial completion. When the Work, or designated portion thereof, is substantially complete, the Town will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, and shall establish the responsibilities between the Town and Contractor for security, maintenance, heat, utilities, damage to the work and insurance, as applicable, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract shall commence on the date of Substantial Completion of the work, or designated portion thereof, unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Contractor for its written acceptance of responsibilities assigned to it in such Certificate. If, after Substantial Completion of the work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, the Town shall, upon application by the Contractor and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. If the value of the remaining balance for work not fully completed or corrected is less than retainage stipulated in the Contract, the written consent of surety to payment of the balance due for that portion of the work fully completed and accepted shall be submitted by the Contractor to the Town prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Payments of the retained percentage shall not become due until the Contractor has fulfilled all requirements of the Contract, the Town has accepted the work, and the Contractor has submitted to the Town a waiver of liens as described herein. Upon request for final payment, the Contractor shall furnish to the Town an affidavit duly executed on the form prescribed, listing thereon the names and addresses of all subcontractors who have filed a Notice To Owner and other parties furnishing material, supplies, services, or performing work in regards to the Contract. In addition and concurrent therewith, the Contractor shall furnish to the Town a waiver of liens on the form prescribed by the Town and duly executed by the subcontractors and other parties as listed on the affidavit described herein. The request for payment shall not be 33 considered by the Town unless the affidavit and waiver of liens is submitted by the Contractor as provided herein. The acceptance of final payment shall constitute a waiver of all claim by the Contractor, except those previously made in writing and identified by the Contractor as unsettled at the time of the final application for payment. 25. USE AND POSSESSION PRIOR TO COMPLETION The Town shall have the right to take possession of or use any completed or partially completed part of the work. Such possession or use shall not be deemed an acceptance of any work under the Contract. If such prior possession or use by the Town delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment in the Contract price or the time of completion will be made and the Contract shall be modified in writing accordingly. 26. OTHER CONTRACTS The Town may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with such other contractors and Town employees and carefully coordinate his own work to such additional work as may be directed by the Town. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by Town employees. 27. MATERIAL AND WORKMANSHIP Unless otherwise specifically provided in this Contract, all equipment, material and articles incorporated in the work covered by this Contract are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in this Contract, reference to any equipment, material, article or patented process, by trade name, make or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition, and the Contractor may, at his option, use any equipment, material, article or process which, in the judgment of the Town, is equal to that named. The Contractor shall furnish to the Town, for his approval, the name of the manufacturer, the model number and other identifying data and information respecting the performance, capacity, nature, and rating of the machinery and mechanical and other equipment which the Contractor contemplates incorporating in the work. The Contractor shall furnish the Town, for approval, full information concerning the material or articles which he contemplates incorporating in the work. When so directed, samples shall be submitted for approval at the 34 Contractor's expense. Machinery, equipment, material, and articles installed or used without required approval shall be at the risk of subsequent rejection. All work under this Contract shall be performed in a skillful and workmanlike manner. The Town may, in writing, require the Contractor to remove from the work any employee the Town deems incompetent, careless or otherwise objectionable. 28. WARRANTY The warrantee will be consistent with the technical specifications, Section 4.1, 4.02. 29. WORK AND STORAGE AREAS All operations of the Contractor, including storage of materials upon Town premises, shall be confined to areas authorized or approved by the Town. Temporary buildings, storage sheds, shops, offices, etc., may be erected by the Contractor only with the approval of the Town and shall be built with labor and materials furnished by the Contractor without expense to the Town. Such temporary buildings and utilities shall remain the property of the Contractor and shall be removed by him at his expense upon the completion of the work. With the written consent of the Town, such buildings and utilities may be abandoned and need not be removed. The Contractor shall, under regulations prescribed by the Town, use only established roadways or construct and use such temporary roadways as may be authorized by the Town. Where materials are transported in the prosecution of the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State or local law or regulations. When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged roads, curbing or sidewalks shall be repaired by, or at the expense of the Contractor. The Contractor shall not store materials, except those to be incorporated in the work, on the contract site. Portions of completed work and materials incorporated in the work shall be deemed to have become the property of the Town, but if any such materials or parts of the work become lost, damaged or destroyed by any means whatsoever, the Contractor shall satisfactorily repair and replace the same at his own cost. The Contractor shall be responsible for any materials of construction stored on the contract site, and shall replace, in kind, any such materials lost, damaged or destroyed at his own expense. 35 The Contractor shall maintain, where and when needed, suitable and sufficient guard signs and barriers, and at night, suitable and sufficient lights for the prevention of accidents. Guard signs and lights shall comply with OSHA and FDOT regulations. The Contractor shall clear from within the limits of the Town's work area all objectionable debris necessary to conduct the work operations. The work area shall, at all times, be kept free from accumulation of waste material or rubbish, and prior to completion of the work, all rubbish, tools, equipment and materials shall be removed from, on or about the premises. Upon completion of the work specified herein and before acceptance and final payment shall be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish and temporary structures. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily. Any salvaged material not specified to be disposed of otherwise, shall become the property of the Contractor and shall be removed from the site. 30. TAX EXEMPTION: The Town is exempted from payment of Florida State Sales and Use taxes and Federal Excise tax. The Contractor, however, shall not be exempted from paying Florida State Sales and Use taxes to the appropriate governmental agencies or for payment by the Contractor to suppliers for taxes on materials used to fulfill its contractual obligations with the Town. The Contractor shall be responsible and liable for the payment of all of its FICA/Social Security and other taxes resulting from this Contract. 31. RECORDS: The Contractor shall maintain records and the Town shall have inspection and audit rights as follows: a. Maintenance of records: The Contractor shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Contract including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this Contract. 36 b. Examination of records: the Town or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Contract. Such examination may be made only within five (5) years from the date of final payment under this Contract and upon reasonable notice, time and place. Records which relate to any litigation, appeals or settlements of claims arising from performance under this Contract shall be made available until a final disposition has been made of such litigation, appeals or claims. b. Cost and Pricing data: the Contractor, by executing this Contract, certifies to truth -in -negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The Contractor agrees that the Town may adjust the consideration for this Contract to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other actual unit costs. The Town shall make any such adjustment within one (1) year following the termination of this Contract. 32. PUBLIC ACCESS: The Contractor shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Contractor assert any exemptions to the requirements of Chapter 119 F.S. and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Contractor. 33. NON-DISCRIMINATION: The Contractor hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, disability, age or sex from participation in, denied the benefits of, or otherwise be subjected to discrimination in any activity under this Contract. The Contractor shall take all measures necessary to effectuate these assurances. 34. FORCE MAJEURE: 37 Notwithstanding any provisions of this Contract to the contrary, the parties shall not be held liable if failure or delay in the performance of this Contract arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. 35. VALUE ENGINEERING a. General. The Contractor is encouraged to develop, prepare, and submit value engineering proposals (VEP's) voluntarily. The Contractor shall share in any contract savings realized from accepted VEP's in accordance with paragraph (e) below. b. VEP preparation. As a minimum, the Contractor shall include in each VEP the information described in subparagraphs (i) through (viii) below: (i) A description of the difference between the existing contract requirement and that proposed, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, and the effect of the change on the end item's performance. A list and analysis of the contract requirements that must be changed if the VEP is accepted, including any suggested specification revisions. (iii) A separate, detailed cost estimate for. 1) the affected portions of the existing contract requirement, and 2) the VEP. The cost reduction associated with the VEP shall take into account the Contractor's costs, including any amount attributable to subcontracts under paragraph (f) below. (iv) A description and estimate of costs that the Town may incur in implementing the VEP, such as test and evaluation, operating, maintenance and support costs. (v) A prediction of any effects the proposed change would have on the operating costs of the Town. (vi) A statement of the time by which a Contract amendment accepting the VEP must be issued in order to achieve the maximum cost reduction, noting any effect on the Contract completion time. IM (vii) Identification of any previous submissions of the VEP, including the dates submitted, the Contract numbers involved, and previous Town actions. (viii) Any design change to the plans and specifications must be prepared under the supervision of a Professional Engineer or a registered Landscape Architect in the State of Florida at the Contractor's expense. Such changes must be approved by the Engineer or Landscape Architect. c. Submission. The Contractor shall submit VEP's to the Landscape Architect. d. Town action. (i) The Landscape architect shall notify the Contractor of the status of the VEP within fourteen (14) calendar days after Landscape Architect receives it. If additional time is required, the Landscape Architect shall provide the reason for the delay and the expected date of the decision. The Town will process VEP's expeditiously; however, it shall not be liable for any delay in acting upon a VEP. (ii) If the VEP is not accepted, the Landscape Architect shall notify the Contractor in writing, explaining the reasons for rejection. The Contractor may withdraw any VEP, in whole or in part, at any time before it is accepted by the Town The Landscape Architect may require that the Contractor provide written notification before undertaking significant expenditures for VEP effort. (ii) Any VEP may be accepted, in whole or in part, by the Town's execution of an amendment to this Contract citing this clause: The Town may accept the VEP, even though an agreement on price reduction has not been reached, by issuing the Contractor a notice to proceed with the change. Until a notice to proceed is issued or a Contract amendment applies a VEP to this Contract, the Contractor shall perform in accordance with the existing Contract. The Town's decision to accept or reject, all or part of any VEP, shall be final and not subject to the Disputes clause or otherwise subject to litigation. 39 e. Sharing. (i) Rates. The Contractor's share of savings is determined by subtracting Town costs [listed in paragraph (b)(iv) above] from Contract savings and multiplying the result by fifty percent (50%) for fixed-price contracts. (ii) Payment. Payment of any share due the Contractor for use of a VEP on this Contract shall be authorized by an amendment to this Contract to: (1) Accept the VEP; (2) Reduce the Contract price or estimated cost by the amount of Contract savings; and (3) Provide the Contractor's share of savings by adding the amount calculated under subparagraph (i) above to the Contract price or fee. f. Subcontracts. The Contractor is encouraged to include an appropriate value engineering clause in any subcontract and to share any cost savings with its subcontractors. g. Substitution of materials and/or equipment in lieu of that specified shall not necessarily be considered a VEP. To be considered as a VEP, the substitution must involve cost savings other than a simple reduction in price of the equipment or materials. 40 SECTION 2 BID FORMS M Swom Statement on Public Entity Crimes 41 STATE ROAD AIA HISTORIC HIGHWAY LANDSCAPE ENHANCEMENT PROJECT TOWN OF GULF STREAM PALM BEACH COUNTY TOWN OF GULF STREAM Submitted on}�''' GULF STREAM, FLORIDA By BIDDER'S NAME AWOZA BROTHERS CORPORATION 301 Date 1. The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid as Principal or Principals is or are named herein and that no other person than herein mentioned has any interest in this Bid or in the Contract to be entered into; that this Bid is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. 2. The Bidder further declares that he has examined the site, or location, of the work and has informed himself fully in regard to all conditions pertaining to that place where the work is to be done; that he has examined the Drawings and Specifications for the work and contractual documents relative thereto, including but not limited to, the Request For Bids, Instructions to Bidders, Bid, Bid Bond, Sworn Statement on Public Entity Crimes, Sample Contract, General and Supplemental Conditions, Technical Specifications, and the forms listed in Sections 2 & 3, and has read all of the provisions furnished prior to the opening of bids; and that he has satisfied himself relative to all work to be performed. 3. If this Bid is accepted, the undersigned Bidder agrees to complete all work under this Contract within 60 calendar days from the date established in the "Notice to Proceed with Contract Work." 4. In case of failure on the part of the Contractor to complete the work within the time foxed in the Contract, or any extension thereof granted, then the Contractor shall be liable to pay the Town not as a penalty but as liquidated damages, the sum of $250.00 for each calendar day that the work remains incomplete after the expiration of the time limit specified or any extension thereof, plus any monies which are paid by the Town to any other person, firm or corporation for services rendered for the preservation or completion of the work. Such monies shall be chargeable to the Contractor and shall be deducted from any monies due said Contractor, or if no money is due or the amount due is insufficient to cover the amount charged, then the Contractor and his Surety shall be liable for said amount. 5. If this Bid is accepted, it is understood that the terms and conditions of the bid provisions and documents relative thereto, as hereinbefore stated in Paragraph 2, shall be binding upon the parties; however, the undersigned Bidder agrees, upon acceptance, to execute the aforementioned contract with Town of Gulf Stream as a written memorial and formalization of said Bid provisions and matters relative thereto, as set forth in Paragraph 2, together with necessary bonds and evidence of insurance (each bond equal to one hundred percent (100%) of the total Contract Bid), of which this Bid, Instructions to Bidders, General Conditions, Technical Specifications, and Drawings shall be made a part for the performance of work described therein; to furnish all necessary materials, equipment, machinery, tools, apparatus, transportation, supervision, labor and all means necessary to construct and complete the work specified in this Bid and Contract and called for in the Drawings 42 and in the manner to commence work within Thirty (30) consecutive calendar days after effective date of the "Notice to Proceed with Contract Work" from the Engineer, and to complete all contract work within the time specified in the Bid Form or pay for liquidated damages and cost of supervision for each calendar day in excess thereof according to the terms set forth in the Contract and Specifications. 6. Attached hereto is a cashiers check on the Bank of or approved Bid Bond for the sum of , t, ;_ ,F, Dollars $ LTJ, �3/ according to the conditions ( /9 s under instructions to Bidders and provisions therein. 7. The Bidder understands that this Bid does not constitute a contract with the Bidder. There is no official contract binding the parties until: (1) bids are reviewed and accepted by appointed staff; (2) the Contract has been approved by the appropriate level of authority within the Town; and (3) the Contract has been executed by both parties. 8. The undersigned agrees that, in case of failure on his part to execute and deliver the said Contract and the Bonds within fifteen (15) days after receipt of the Contract, the Bid Bond, or securities accompanying his Bid, shall be paid into the funds of Town of Gulf Stream, otherwise, the Bid Bond or securities accompanying this Bid shall be returned to the undersigned. 9. The Corporation, Partnership or Business name and signature of authorized Corporate Officer, Partner, or Individual making this Bid, together with the signature of the licensee qualifying Bidder, must appear on the signature page of this Bid. 10. The Bidder understands and agrees that he must perform all work necessary to complete the job as described in the Drawings and Specifications. Payment to the Contractor will be made only for the actual quantities of work performed and accepted or materials furnished in accordance with the Contract. All work and materials not specified under 'Item Description" in the Bid shall be considered incidental to the Contract. 11. The undersigned Bidder hereby states that, in making his Bid, he has complied with Section 725.06, Florida Statutes (if that law is applicable to this project), by including in the prices listed above the specific consideration required by said law. 12. Both the Bidder and the licensee shall fill in the information below, pursuant to Chapter 489, Florida Statutes. Licensee is defined as the person who is the licensed Contractor who qualifies the bidding Company, Corporation or Partnership. If the Bidder is an individual, he must be licensed. (Please print or type, excluding signatures). 43 NAME: ARAZOZA BROTHERS CORPORATION P -C) 2�ox g2.L1590 Prinre-4,r✓1 l -L, 33082 ADDRESS: ► 64W 1 50 2.42 G4F 6E+T t-40� ries IeoG1 �L 3303 f FEIN OR SOCIAL SECURITY NUMBER: �S-�3t33Z LICENSE NUMBER: STATE OR COUNTY:I-� LICENSE TYPEr� : eF-"��-I ,'//C,r,�l G�c�r r( �� L(� �✓� Std LICENSE LIMITATIONS, IF ANY: GKGlSca pk LICENSEE SIGNATtM0&YOBIDDER'S NAME: TH RA(gN BIDDER'S SIGNATURE, BY: BIDDER'S ADDRESS: T( BIDDER'S PHONE NUMBER:223 ADDENDUM ACKNOWLEDGEMENT (If necessary) The Bidder has received Addendum Nom dated L112.-2-)016 The Bidder has received Addendum No.2- dated 4/-,7a)'915 The Bidder has received Addendum No._ dated (If an INDIVIDUAL is Bidder, sign on this line. If doing business as another entity, (If a PARTNERSHIP is Bidder, fill in name of partnership, followed by the signature of the partner signing) 0 Address By: Partner Business Address of Business Address of Partnership Partnership (Names and Addresses of all Partners - attach a separate sheet if necessary) 44 PL 3303 (If a CORPORATION is Bidder, fill in the name of the Corporation, followed by the signature of the President or Vice President. (IF BIDDER IS CORPORATION, AFFIX CORPORATE SEAL) Name of Corporation AHAZOMBROTHERS CORPORATtOR By. at" an President Address of Corporation i5`'LOt 2�4—Z S{-, E 4o me , F�-- 3�3 Organized under the Laws of the State of 1- b tcW- , and authorized by the law to make this Bid and perform all work and furnish materials and equipment required under the Contract Documents. CERTIFICATE AS TO CORPORATE PRINCIPAL I, -P-1!_ r- -PrOZ.f> a cert'iyf that I arrk� the Secretary of the Corporation named as principal in the within Bond; that #J el z/v H*t a�zr# , who signed the said Bond on behalf of the principal, was then President of said Corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said Corporation by authority of its governing body. Secretary (Corporate Seal) 45 RPR -22-99 WED 02:59 PM ROY -FISHER Assoc - IHC - TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT MISCELLANEOUS ITEMS BID SHEET OTY BOTANICAL SIZE 40 HAND LABOR tWEED1NG, HOURS PRUNING) '-7'•—'"L'� 2 /f lam/ • Jr�i PLANTING SOIL PER SPECS - ��, x171 320 SPLIT RAIL FENCE (MATCH LINEAR FT. E)IIST.) 200 BAHIA SEED LOS. 4707 PINE NEEDLES 13AI-E 5 STUMP GRINDING • T-B.D. BAHIA $OD SQUARE FEET • T.B.D. ST.A000STINE FLORITAM Son SQUARE FEET 1 PAINTED WOOD SIGN APPROXI. 12'X in - 1 MAINTENANCE OF TRAFFIC 407 747 0291 P_07 UNITCOST TOTAL • 1 OFF DUTY POLICE OFFICER TO SUPtytYASE TRAFFIC CONTROL MA NTENNANCE OF TRAITEM FFIC)ADDENDUM NO.1 REGARDING 1 MOBILIZATION, BONDS, INSURANCE 00 DAYS HAND WATERING, MAINTENANCE 7 INDEMNIFICATION [ $100000 E700.000 SUBTOTAL BASE BID COST: $ J �./,50 i • Contractor to supply unit prices for InMaII material in the eYen1 They are necessary. PLO 04/22/98 15:12 TX/RX N0.4267 P.007 —rte '-7'•—'"L'� 2 /f lam/ • Jr�i 40,&) - ��, x171 i • 1 OFF DUTY POLICE OFFICER TO SUPtytYASE TRAFFIC CONTROL MA NTENNANCE OF TRAITEM FFIC)ADDENDUM NO.1 REGARDING 1 MOBILIZATION, BONDS, INSURANCE 00 DAYS HAND WATERING, MAINTENANCE 7 INDEMNIFICATION [ $100000 E700.000 SUBTOTAL BASE BID COST: $ J �./,50 i • Contractor to supply unit prices for InMaII material in the eYen1 They are necessary. PLO 04/22/98 15:12 TX/RX N0.4267 P.007 E00'd S9EV'0N X AJ. OT:VT 86/OZ/VO TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT SHEET L•i BID SHEET OTY BOTANICAL SIZE UNITCOST TOTAL 19 CRINUM ASIATICUM 7 X9', A71-50-60 50- C���0�1 �1 9� 5%.W e CASSIA SURATTENSIS FV X 4-V �W . / ((J O. 49 e CONCCARPUS 10-1rx9.3-CAl_ 1yprr� g�t� ERECTUS'SERICEN - 2 COCOS NUCIFERA MALAYAN GRN. 3' O.W. CURVED TRUNK "' • UV r 1 COCOS NUCIFERA MALAYAN V G.W. CURVED TRUNK GRN. 1 CNUCIFERA MALAYAN GRN.RN. 1G O.W.CURVED TRUNK /To 3 CLUSEA ROSEA 3-0' X < /G(/r W r S CORM SESESTEHA 10-17 X 46,OJL TREE //_ g o � �/J.�l, oo TRIM n�yye� /W1� i%�/r'i(�� ��jy 1 CONOGARPUS ERECTUS V W C.T, 14 X 9 .G/0-9.0 IVC/ •W 75 HYMEHOCALLISLATIFOLIA t3 FULL 6,50 Z/S 7� 10 HAMEIIA PATENS #3 FULL JATROPHA 6fi'X3'TREETRIM 3 LIVISTONA CHINENSIS • 7X3' ' iZ GC/�7� 1740 LIRIOPE 01 FULL �G •�C/ 35p VL� 1 ACCELORRHAPHEWRIGHTO 8-10'X4' —�� w 815 RHOEO SPATHACEA /1 FULL2 S� J crl !. - / .1CJ —�'1 13 3ABAL PALMETTO 14-= O.A. /4-5-a 4 j✓/L'.� 14 SApALPALMETTO TB-26KACURVEPRUN 5 THRINAXRADIATA SGT. CURVED SUB TOTAL BASE 010 CO8T. S ` / / SHEET L-3 £®'d LBL6 LbL L9b -ONI'0055tl L.3HSIA-A6a Wd 96 -Cd anl 6- -21dtl �, 53 09/22/98 15:12 TX/RX N0.9267 P.006 TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD A9A LANDSCAPE ENHANCEMENT PROJECT SHEET LS DID SHEET OTY BOTANICAL SIZE UNITCOST TOTAL 11 AUSTRALIAN PINE SUPPLIED BY TOWN (o, a) 19 ALPINA PURPURATA f7 FULL l.C, 11) C� co 3 BRASSIAACTINOPHLLA SATX34'FULL l2 60 ,0D 7 BUcIDASUCERAS 141BX&18',31J4r CAL. 47 CRINUMASIATICUM 3•X3',#7 6 CASSIA SURATTENSIS S4i X 4,T �I 10 GOND$ NUCIFERq MALAYAN GRN. B' G.W. CURVED TRUNK (((IILL((/J 11 CGV 6 COCOS NUCIFERA MALAYAN GRN. 10 O.W, CURVED TRUNK / l)�; ra) GL 6 CLUSEA ROSEA B.g X4' �i✓) � 11 CORDIASESESTENA 18-17X4S,O.A. TREE TRIM , ((!7yl r7 / �), to 14 cOCOLOBA UVIFERA 8'r C.T, 14' X (r �,Lln �( :3 --44 ) co 1 COCOLOBAWIFERA 8'X4FULL,TREETRIM 80, ob 25 HYMENOCALLIS LATIFOLIA M3 FULL 6, 15b 77 HAMELIA PATENS t3 FULL Q. IS75- 3 LIVISTONA CHINENSIS TxT 2.!5,t-6 6 LMSTONA CHINENSIS S WD, -1,75,60 560 /,c�^ 4,184 LIRIOPE 01 FULL 2, SD 30 LANTANA CAMARA AI FULL 4 OCHROSW ELLIPTICA 8-e' FULL Z2 ZZ, L_ 1 ACOELORRHAPHEWRIGHTII &10'X4' //yn _ _ _L! 1 SABAL PALMETTO 14-n' OA 43 SABAL PALMETTO TRUNK A.CURVED LO -AI// e THRINAX RADIATA 5C.T.CURVEO z�•� /� C �{�i ffl) SUB TOTAL BASE BID COST: S c�-33-c;, f7!5 SHEET LS 53 09/22/98 15:12 TX/RX N0.9267 P.006 .Zoo 'd 9SEFON XH/X.L 01:6T 86/8Z/60 L TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT 53 Lo -a CBZ9 LV4 L06 '71YI'7055tl LaRIs23-A0Wd 9G: to all -L SHEET L-4 BID SHEET QTY BOTANICAL SIZE UNITCOST^ TOTAL 30 AUSTRALIAN PINE SUPPLIED BY TOWN 6,1% • eo 22 ACALYPHA WILKESIANA 93 FULL I BRASSIA ACTINOPHUA 8-tO'X3.4'FULL I2D� X20, oD I BURSERA SIMARUBA SPECIMEN 20.21 XS, S CAL. 8 COCOS NUCIFERA MALAYAN 3G.W. CURVED TRUNK 0960 z 40 66 GRN. 8 COCOS NUCIFERA MALAYAN S G.W. CURVED TRUNK ��`r� 3/`ni,�}�1QQ �/i GRN. 1 COOCOS NUCIFERA MALAYAN W O.W. CURVED TRUNK /RN.0- /., / MI [ 4 FICUS AUREA 93 ,Dj/j/J //(/Gf a M� W-+� /r/�[/i 19 HYMENOCALUS LATIFOLIA #3 FULL (a,S lG � -SD S UGUSTRUMRECURVAFOLIUM 12-14'X9 1061 LIRIOPE #1 FULL 2� JV ZJ ((/✓2 . s� 7 OCHRO31A ELLIPTICA 6$' FULL Uo 2158 RHOEO SPATHACEA #1 FULL r cV 1 SABAL PALMETTO 1447 O.A. IQr W ! �O, 01) 4 BASAL PALMETTO 16,2VOA.CURVED leo, '%n crt�{J%�W �Ob TRUNK 1 SERENOA REPENVCINEREN 7 X a, FULL 1l 69,9 1105 027 1 7HRINAX RADIATA S G.T. CURVED —:::W,ry� 7 , W � ( ^l(/ SUB TOTAL BASE BIO COST. S zol (i� , 00 SHEET L-4 53 Lo -a CBZ9 LV4 L06 '71YI'7055tl LaRIs23-A0Wd 9G: to all -L TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT SHEET L-1 BID SHEET CITY BOTANICAL SIZE UNITCOST TOTAL 120 HAMELIA PATENS'COMPACTA' #3 � , (� I13•x, (b 1 BRASSIA ACTINOPHLLA 8-10'X 3-4' FULL Q1 2G 3 CONOCARPUS ERECTUS 14-16 X 8-10', 3 12" CAL. �� . (� L�C� ] , Gd 3 BURSERA SIMARUSA 14-16'X 8', 3" CAL. 1 �V ,� ) 8 COCCOLOBA DIVERSIFOLIA 17 X 5', 3" CAL. Il LY1 ♦� 6 COCOS NUCIFERA MALAYAN 3' G.W. CURVED TRUNK ii tl '1—�- 1 COCOS NUCIFERA MALAYAN GRN. 6 G.W. CURVED TRUNK _ tow, 5 COCOS NUCIFERA MALAYAN GRN. 10' G.W. CURVED TRUNK IWIJ 'f n� 1 CLUSEA ROSEA 6-8' X 4' 12(].�v 12y , rxl 24 COCOLOBA UVIFERA #7 FULL ?2J�L zL 7 COCOLOBA UVIFERA 8' 6' C.T., 14'X 8' 2 GELSEMIUM SEMPERVIRENS #3 FULL 329 HYMENOCALLIS LATIFOLIA #3 FULL , C�o '7 ev 1 JATROPHA 5-6 X X TREE TRIM cx —r- 6 LIVISTONA CHINENSIS 3'X 3' �SL� 1 se 1 LIVISTONA CHINENSIS 5' WD.I �1 �y-1 -71j, L>) 64 MYRSINE GUTANENSIS #3 FULL qqq � L1 Lf 0, 2 PYROSTEGIA IGNEA #3 FULL i Ci> r1�U 1 LXX L 3 PONGAMIA PINNATA 12-14'X 6' ' , � I jC-,/) _ e) 1 ACOELORRHAPHE WRIGHTII 8-10' X 4'_- i 8th, cn 16 SABAL PALMETTO 14-22' O.A. �� (yl 5 SABAL PALMETTO 16.26' O.A.CURVED TRUNK gD � 61) �%i,% .- 14 THRINAX RADIATA V C.T. CURVED 3 ,� %"j ze 4,810 SO.FT. ASPHALT REMOVAL 1,620 Sq. Fl. STAUGUSTINE FLORITAM SOD Al 70,3�7� o SUB TOTAL BASE BID COST: $ 2e/ or Tj . 70 48 TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT ALTERNATE BID PLANTING 3 COCOLOBA UVIFERA 8' 6- C.T., 14' X 8' 2�0, 78 HYMENOCALLIS LATIFOLIA #3 FULL , JZJ ! GD 100 HAMELIA PATENS #3 FULL (Q �Lj (��`7.5 J�I 6 SABAL PALMETTO 1422' O.A. 1 I o, GZ (19 601 U� TOTAL ALTERNATE COST: $ 2-1!5q2- DO Ew TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT SHEET L-2 BID SHEET QTY BOTANICAL SIZE UNITCOST TOTAL 12 BOUGANVILLEA SPECTABILIS #3 FULL 2-00 04 OD 1 COCOS NUCIFERA MALAYAN GRN. 3' G.W. CURVED TRUNK �M aV � 4c Uo 2 COCOS NUCIFERA MALAYAN GRN. 10 G.W. CURVED TRUNK ' nh W 2, 2 EPIPREMMUMAUREUM 8"BASK, 24 -RUNNERS DD 2 FICUS RUBIGINOSA 12-14' X 6', 2 112 -CAL. Z Q�49 rrjy/���. 7 HYLOCEREUS UNDATUS #3 FULL 10.4 r'70, Qm 1 LIVISTONA CHINENSIS TX 3' 25,0 25, CO 20 MANDEVILLA SPLENDENS #3 FULL /Z - 00 2 qO .DD 20 PYROSTEGIA IGNEA #3 FULL /L1 .0 —.L/10.0000 2�, OD 20 RHABDADEMIA BIFLORA #3 FULL , co 5 SABAL PALMETTO A.CURVED v nv TRUNK l ' Wo W J�O0 14 SERENOA REPENS'CINEREA' 3'X 3, FULL /�C 17 ASM NOIDEPERMUM #3 FULL 9.00 153. x 8 THRINAX RADIATA 5 C.T. CURVED -=co 175 CATHARANTHUS ROSEUS 6- POT, FULL 3,00 52-6 , 00 SUB TOTAL BASE BID COST: E /V� F/ .iW SHEET L-2 TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT SHEET L3 BID SHEET QTY BOTANICAL SIZE UNITCOST TOTAL 14 AUSTRALIAN PINE SUPPLIED BY TOWN 6,09 -, DQ 382 ASYSTASIA GANGETICA #1 FULL ob 1 6 SURSERA SIMARUBA 14.16 X 8', 3" CAL. L(oDI W I 0, 60 2 BURSERA SIMARUSA 10.17 X 6. 7' CAL. 1300 2(oD, OD 1 CASSIA SURATTENSIS 5£' X 4-5' it CONOCARPUS ERECTUS'SERICEA'to 10.17X9,3"CAL. 66 CHRYSOBALANUS ICACO #3 FULL �j 8 COCOS NUCIFERA MALAYAN GRN. 6 G.W. CURVED TRUNK /' V 00 tO bfJ � /1 0— Q� 60 COCOLOBA UVIFERA #7 FULL :2Z -Ob —'-►'t1=yj/={/ /1 2,70 DD /L 3 EPIPREMMUM AUREUM 8" BASK, 24" RUNNERS 58 FICUS MACROPHYLLA'GREEN ISL' #3 FULL 12-, PD 66 112 FICUS NITIDA #3 FULL FT 00 _ ���, op 750 HYMENOCALLIS LATIFOLIA #3 FULL &, z T a'5 0o 3 LIVISTONA CHINENSIS 3'X 3' 2-5,-M 75 iz 2 LIVISTONA CHINENSIS V WD. /7N 0,0 354-0,00 278 LIRIOPE #1 FULL no 12 OCHROSIA ELLIPTICA 6A' FULL /2S CYC -660 49 13 SABAL PALMETTO 16-26 O.A.CURVED TRUNK y� 8 SERENOA REPENS'CINEREA' 3'X 3', FULL l�5 ,m ,X 11 TERMINALIA CATAPPA 8'X6' --/,,0;4W SUB TOTAL BASE BID COST: $ SHEET L-3 51 BID SUMMARY BASE BID PLANTING TOTAL SHEET :L-1 2e.0 (916, 90 SHEET: L-2 SHEET: L-3 21-1, &((/q ,50 SHEET: L-4 2-01 &3e,OD SHEET: L-5 L19 --3326,'-75 SHEET: L-6 SHEET: MISCELLANEOUS 5 z j" BID TOTAL:/-� g,j,q, /5 ALTERNATE BID TOTAL: 2-1,6q2-. 00 47 BID BOND COUNTY OF STATE OF FLORIDA RFB No. KNOW ALL MEN BY THESE PRESENTS, that we, as Principal and as Surety, are held and firmly bound unto Town of Gulf Stream in the penal sum of dollars ($ ) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated , 19_, for the Contract and Specifications. for the above - referenced Bid Number. NOW, THEREFORE, if the Principal shall not withdraw said Bid within eighty (80) days after date of opening of the same and shall within fifteen (15) calendar days after the prescribed forms are presented to him for signature, enter into a written contract with the Town of Gulf Stream, in accordance with the Bid, as accepted, and shall give such bond or bonds as may be specified in the Bidding or Contract documents, with good and sufficient sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, and for the payment of labor and supplies incurred in connection therewith, or in the event of the withdrawal of said Bid within the period specified, in the failure to enter into such Contract and give such bonds within the time specified, if the Principal shall pay the Town the difference between the amount specified in said Bid and the amount for which the Town may procure the required work and/or supplies, if the latter amount be in excess of the former, then the above obligations shall be void and of no effect, otherwise, to remain in full force and virtue. IN WITNESS WHEREOF, the above bound parties have executed this statement under their several seals this day of , 19_, the name and corporate seal, if applicable, being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. IF AN INDIVIDUAL, IN THE PRESENCE OF: By: (Witness) (Individual Principal) Business Address 0 IF A CORPORATION, ATTEST: (Corporate Seal) (Witness) (Individual Principal) Business Address (Corporate Principal) Business Address By: President By: (Secretary) ATTEST: (Corporate Seal) By: (Corporate Surety) Business Address By: (Secretary) 57 SWORN STATEMENT UNDER 287.133(3)(A) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This swom statement is submitted with Bid or contract No, iil%� G Gn, ce dor 2.This swom statement is submitted by,Re7��QDR�nq whose business address is I c:�qC, (= / ���. iuv�SC Ft— �v3G3 ) (if applicable) its Federal Employer Identification Numr (FEIN) is (f the entity has no FEIN, include the Social Security Number of the individual signing this swom statement:SS#2J,- I --0,9-34L2_ 3. My name is T -)-i hei-4 P-t�CLZC ZC( and my relationship [please print name of individual signing this form! to the entity named above is c cn-(- 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g) Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other stale or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and Involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of plea of guilty or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1)A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facia case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter Into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. IMPORTANT: CONTRACTOR MUST COMPLETE THIS SECTION BEFORE SIGNING FORM 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this swom statement. [Please indicate which statement applies.] i Neither the entity submitting this swom statement, or any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND [Please indicate which additional statement applies.] There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Department of General Services.] 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFOR ATIO I CO TAINED IN THIS FORM, By: Date: } I_ iq [signature] Sworn to and subscribed before me this 2f'�I r, day of -r -pr 1 I Personally Known Notary Public- Stale of Produced identification My commission expires lname of notary) (Type of identification) (Printed typed or stamped commissioned OFFICIAL N ARYSFAL ROSEMARY FERRINO I-OTARY PUBLIC STATE OF FWR IDA COMML951ON NO. MrM6 M Y COMMISSION EX P. MAY 23,2000 W, SECTION 3 SAMPLE CONTRACT AND POST AWARD FORMS Sample Contract Performance Bond Payment Bond Certificate as to Corporate Principal Contractor's Invoice Certificate of Substantial Completion Contractor's Affidavit and Final Release of Lien Subcontractor's, Materialmen and Laborer's Final Waiver of Lien U& CONTRACT BETWEEN THE TOWN OF GULF STREAM AND STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT THIS CONTRACT, made this _ day of 19_, by and between the Town of Gulf Stream, a public corporation of the State of Florida, hereinafter designated as "the TOWN", and (CONTRACTOR NAME), (STREET ADDRESS, CITY, STATE AND ZIP), a (STATE OF INCORPORATION) Corporation, FEIN Number (FEIN NUMBER) hereinafter designated as "the CONTRACTOR". WITNESSETH THAT: WHEREAS, the TOWN is a municipality and given those powers and responsibilities enumerated by Chapter 166 Florida Statutes and the Florida Constitution; and WHEREAS, the TOWN is empowered to enter into contractual arrangements with public agencies, private corporations or other persons, pursuant to Florida Statutes; and WHEREAS, the TOWN desires the services of a qualified and experienced contractor to provide construction services; and WHEREAS, the TOWN solicited and received bids on (BID OPENING DATE) for the Construction of (TITLE), (COUNTY) County, Florida; and WHEREAS, the CONTRACTOR has responded to the TOWN'S solicitation and the CONTRACTOR is qualified and willing to provide said services; and WHEREAS, the TOWN has found the CONTRACTOR'S response to be acceptable and wishes to enter into a CONTRACT: and WHEREAS, the TOWN has budgeted funds in its current fiscal year budget which are available for the funding of this CONTRACT; 61 NOW, THEREFORE, the TOWN and the CONTRACTOR in consideration of the benefits flowing from each to the other do hereby agree as follows: 1. STATEMENT OF WORK The CONTRACTOR shall furnish all equipment, tools, materials, labor and everything necessary and shall perform the required work in accordance with the Contract Documents for entitled: "State Raod AIA Landscape Enhancement Project, Town of Gulf Stream, Palm Beach County, Florida". 2. PERIOD OF PERFORMANCE Unless extended or terminated, the period of performance of this CONTRACT shall commence upon the effective date of the Notice to Proceed and continue for a period of 60 calendar days. The CONTRACTOR shall not proceed with work under this CONTRACT until a Notice to Proceed is received from the TOWN. 3. CONSIDERATION The consideration, for the full and complete performance under this CONTRACT, subject only to such additions and deductions as are agreed to by the parties in writing, shall be in an amount not to exceed The consideration stated above is based upon the aggregate contract price submitted to the TOWN, which aggregate amount is obtained from the summation of the lump sum price bid items shown in the Bid including the specific consideration required under Section 725.06, Florida Statutes. By including such specific consideration in addition to other good and valuable considerations, paid by the TOWN and receipt of which is acknowledged by the CONTRACTOR, the parties agree that they have complied with the requirements of Section 725.06, Florida Statutes, if applicable, for the indemnification agreement in paragraph 6 of the CONTRACT. 4. INCORPORATION OF DOCUMENTS The Contract Documents listed below are incorporated herein by reference and shall become a part of this CONTRACT as though physically attached as a part hereof and all documents in this CONTRACT shall be interpreted together to yield the most consistent results to achieve the purpose of the project: a) Drawings for State Road A1A Historic Highway Landscape Enhancement Project b) Specifications for State Road A1A Historic Highway Landscape Enhancement project c) Addenda supplementing the documents forming this CONTRACT as are referenced to it and attached as a part of it. 5. PAYMENT REQUESTS If satisfactory progress is being made, the CONTRACTOR may request partial payments every other week, based on the actual work done or completed, which request may be approved and paid by the TOWN. All pay requests shall reference the TOWN'S Contract Number. 6. INDEMNIFICATION 146 For $100.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged as part of the first payment for service, the CONTRACTOR shall pay, indemnify and save harmless the TOWN, its agents, guests, invitees and employees, from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description to which the TOWN, its agents, guests, invitees, or employees may be subjected by reason of personal injury, bodily injury including death or property damage, resulting from or growing out of any intentional negligent, or careless act or commission, omission, or consequential damage connected with the CONTRACTOR, it Subcontractor, its agents, or employees, and committed in connection with this CONTRACT, CONTRACTOR'S performance hereof, or any work performed hereunder. CONTRACTOR shall indemnify and save harmless the TOWN, its agent, or employees, from and against all claims, demands, actions, suits, damages, losses, expenses, costs, including attorney's fees and judgements of every kind and description arising from, based upon, or grown out of the violation of any federal, state, county or city law, by-law, ordinance or regulation by the CONTRACTOR, its agents, trainees, invitees, servants or employees. The CONTRACTOR further acknowledges that it is solely responsible for ensuring the safety of the premises to protect its employees, subcontractors, invitees, licensees and all other persons during the course of the work, and agrees to hold and save the TOWN harmless against all claims involving alleged negligence by the TOWN in failing to adequately ensure the safety of the premises or otherwise ensure compliance with the CONTRACT. 7. GRATUITIES The CONTRACTOR hereby warrants that he has not, during the bidding process, nor shall he, during the term of this CONTRACT, offer to pay any officer, employee or agent of the TOWN, anything of value including, but not limited to gifts, loans, rewards, promises of future employment, favors or services, based on the understanding that the actions, decision or judgments of such officer, employee, or agent would be influenced thereby. In the event of a breach of this provision, the TOWN may terminate this CONTRACT without liability and, at its sole discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. B. LAW VENUE The laws of the State of Florida shall govern all aspects of this CONTRACT. In the event it is necessary for either party to initiate legal action regarding this CONTRACT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justifiable in federal court. 9. CONTRACT AMENDMENTS This contract may be amended only with the prior written approval of the parties. 10. ASSIGNMENT The CONTRACTOR shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this CONTRACT without the prior written consent of the TOWN. 11. ATTORNEY FEES 63 If either party utilizes legal action, including appeals, to enforce this CONTRACT, the prevailing parry shall be entitled to recover its reasonable attorney's fees and costs. 12. COMPLIANCE The CONTRACTOR, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this CONTRACT. The TOWN undertakes no duty to ensure such compliance, but will attempt to advise the CONTRACTOR, upon request as to such laws of which it has present knowledge. 13. INDEPENDENT CONTRACTOR The CONTRACTOR is an independent contractor and is not an employee or agent of the TOWN. Nothing in this CONTRACT shall be interpreted to establish any relationhip other than that of an independent contractor, between the TOWN AND THE CONTRACTOR, its employees, agents, subcontractors, or assigns, during or after the performance of this CONTRACT. The CONTRACTOR is free to provide similar services to others. 14. INTEGRATION This CONTRACT states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The CONTRACTOR recognizes that any representations, statements or negotiations made by the TOWN staff do not suffice to legally bind the TOWN in a contractual relationship unless they have been reduced to writing, approved and signed by an authorized TOWN representative. This CONTRACT, once properly executed, shall bind the parties, their assigns, and successors in interest. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day, month and year first above written. WHEN THE CONTRACTOR IS AN INDIVIDUAL Signed, sealed and delivered in the presence of: -32 Witness PiFA= Signature of Individual Printed Name of Individual WHEN THE CONTRACTOR OPERATES UNDER A TRADE NAME Signed, sealed and delivered in the presence of: Individual By: Witness Name of Finn :YJ Witness Signature of WHEN THE CONTRACTOR IS A PARTNERSHIP Signed, sealed and delivered in the presence of: Witness Name of Finn Witness Partner WHEN THE CONTRACTOR IS A CORPORATION ATTEST: Corporation Secretary Name of By: (CORPORATE SEAL) President 65 PERFORMANCE BOND Contract No. BY THIS BOND, We, as Principal, and , as Surety, are bound to TOWN OF GULF STREAM, herein called the Town, in the sum of Dollars for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs fully the contract between Principal and TOWN for the above -referenced Contract Number, said Contract being made part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays TOWN all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that TOWN sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract; 5. Is not placed on the Convicted Vendor List, under Section 287.133, Florida Statutes, during the performance of this Contract. THEN THIS BOND IS VOID, OTHERWISE, IT REMAINS IN FULL FORCE. Any changes in or under the Contract documents and compliance or noncompliance with formalities, connected with the Contract or with the changes, do not affect Surety's obligation under this bond. DATED on .19—. WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed, sealed and delivered in the presence of: (Witness) M (Individual Principal) Business Address WHEN THE PRINCIPAL OPERATES UNDER A TRADE NAME: Signed, sealed and delivered in the presence of: (Witness) (Witness) WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: (Witness) ('Witness) WHEN THE PRINCIPAL IS A CORPORATION: ATTEST: (Corporate Seal) Secretary ATTEST: (Surety Seal) Secretary Name of Firm By: (Individual Principal) Name of Partnership By: (Partner) (Corporate Principal) Business Address By: President (Corporate Surety) Business Address By: (Surety) (Surety shall provide evidence of signature authority, i.e., a certified copy of Power of Attorney.) NOTE: If both the Principal and Surety are Corporations, the respective Corporate Seals should be affixed and attached, and the following Certificate of Corporate Principal completed. 67 PAYMENT BOND Contract No, BY THIS BOND, We, as Principal, and as Surety, are bound to TOWN OF GULF STREAM, herein called the Town, in the sum of Dollars for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Promptly makes payments to all lienors supplying labor, material, and supplies used directly or indirectly by Principal in the prosecution of the work provided in the Contract between Principal and Town for the above -referenced Contract Number, said Contract being made part of this bond by reference; and 2. Pays Town all loss, damage, expenses, costs, and attorney's fees, including appellate proceedings, that Town sustains because of default by Principal under paragraph 1 of this bond; THEN THIS BOND IS VOID, OTHERWISE, IT REMAINS IN FULL FORCE. Any changes in or under the Contract documents and compliance or noncompliance with formalities, connected with the Contract or with the changes, do not affect Surety's obligation under this bond. DATED on 19_ WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed, sealed and delivered in the presence of: (Witness) By: (Individual Principal) Business Address WHEN THE PRINCIPAL OPERATES UNDER A TRADE NAME: Signed, sealed and delivered in the presence of: (Witness) (Witness) Name of Finn By: (Individual Principal) M WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: (Witness) (Witness) WHEN THE PRINCIPAL IS A CORPORATION: ATTEST: (Corporate Seal) Secretary ATTEST: (Surety Seal) Secretary Name of Partnership 0 (Partner) (Corporate Principal) Business Address By: President (Corporate Surety) Business Address M (Surety) (Surety shall provide evidence of signature authority, i.e., a certified copy of Power of Attorney.) NOTE: If both the Principal and Surety are Corporations, the respective Corporate Seals should be affixed and attached, and the following Certificate of Corporate Principal completed. CERTIFICATE AS TO CORPORATE PRINCIPAL A Principal in the within bonds; that certify that I am the Secretary of the Corporation named as bonds on behalf of the Principal, was then of said Corporation; that I who signed the attached (Title) know his signature, and his signature thereon is genuine; and that said bonds were duly signed and sealed for and in behalf of said Corporation by authority of its governing body. (Corporate Seal) By: Secretary 70 TOWN OF GULF STREAM CONTRACTOR'S INVOICE PAYEENENDOR VENDOR NO. INVOICE TOWN OF GULF STREAM CONTRACT NO. REMIT TO: Street City State Zip PROJECT NAME INVOICE DATE: PAYMENT REQUEST NO. FOR SERVICES PERFORMED FROM TO PROJECT PHASESITASKS INTERIM INVOICE FINAL INVOICE 1. ORIGINAL COST OF CONTRACT $ 2. TOTAL AMENDMENTS & CHANGE ORDERS EXECUTED TO DATE (+OR-) $ 3. ADJUSTED COST OF CONTRACT (item 1 plus/minus item 2) $ 4. PERCENT COMPLETED TO DATE (attach detail as necessary) 5. $ AMOUNT COMPLETED TO DATE $ 6. RETAINAGE % TO DATE $ 7. AMOUNT COMPLETED LESS RETAINAGE (item 3 less item 7) $ 8. CONTRACT BALANCE DUE (item 7 from last invoice) $ 9. AMOUNT OF THIS INVOICE (item 7 less item 9) $ PAYEEIVENDOR CERTIFICATION - I hereby certify that the materials or services invoiced herein have been delivered, that this is the only original invoice, that it is correct and just, and that no part of same has previously been invoiced or paid. Title 71 SHEET :L-1 SHEET: L-2 SHEET. L-3 SHEET: L-4 SHEET: L-5 SHEET: L-6 SHEET: MISCELLANEOUS PAY REQUEST SUMMARY THIS INVOICE INVOICE TO DATE BID TOTAL: ALTERNATE BID TOTAL: 72 THIS INVOICE INVOICE TO DATE TOTAL: $ $ SHEET L-1 73 TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT SHEET L-1 REQUEST FOR PAYMENT DATE OF REQUEST FOR PAYMENT: QTY SIZE UNITCOST TOTAL 120 HAMELIA PATENS'COMPACTA' #3 1 BRASSIA ACTINOPHLLA 8-10' X 3-4' FULL 3 BUCIDA BUCERAS 14-16 X &10', 31/2" CAL. 3 BURSERA SIMARUBA 14.16 X 8'3" CAL. 8 COCCOLOBA DIVERSIFOLIA 1Z X 6, 3" CAL. 6 COCOS NUCIFERA MALAYAN 3' G.W. CURVED TRUNK GRN. 1 COCOS NUCIFERA MALAYAN 6 G.W. CURVED TRUNK GRN. 5 COCOS NUCIFERA MALAYAN 10' G.W. CURVED TRUNK GRN. 1 CLUSEA ROSEA 6b' X 4' 24 COCOLOBA UVIFERA #7 FULL 7 COCOLOBA UVIFERA B' 6- C.T., 14' X 8- 2 GELSEMIUM SEMPERVIRENS #3 FULL 329 HYMENOCALLIS LATIFOLIA #3 FULL 1 JATROPHA 5-6 X T TREE TRIM e imsTaNw is TXT t vhstau as is T u YrnsHE BUN1 is awu 3 PYNOSi1:dAICNEA aNLL J PpaMW PLANTA 1}14XC 1 ACOELORRHAPHE WRIGHTII 8-10' X 4' 16 SABAL PALMETTO 14.27 O.A. 5 SABAL PALMETTO 16-26 O.A. CURVED TRUNK 14 THRINAX RADIATA 5' C.T. CURVED THIS INVOICE INVOICE TO DATE TOTAL: $ $ SHEET L-1 73 TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT ALTERNATE BID PLANTING CITY SIZE UNITCOST TOTAL THIS INVOICE INVOICE TO DATE TOTAL: $ E 3 COCOLOBA UVIFERA 8'6" C.T., 14'X 8' 76 HYMENOCALLIS LATIFOLIA #3 FULL 100 HAMELIA PATENS #3 FULL 6 SABAL PALMETTO 14-27 O.A. C l a a a 0 a a a 74 UNITCOST TOTAL THIS INVOICE INVOICE TO DATE TOTAL: $ E TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT SHEET L-2 REQUEST FOR PAYMENT DATE OF REQUEST FOR PAYMENT: CITY BOTANICAL SIZE 12 BOUGANVILLEA SPECTABILIS #3 FULL 1 COCOS NUCIFERA MALA.GRN. 3' G.W. CURVED TRUNK 2 COCOS NUCIFERA MAL. GRN. 10' G.W. CURVED TRUNK 2 EPIPREMMUM AUREUM 8' BASK, 24" RUNNERS 2 FICUS RUBIGINOSA 12-14' X G, 2117' CAL. 7 HYLOCEREUS UNDATUS #3 FULL 1 LIVISTONA CHINENSIS 3'X 3' 20 MANDEVILLA SPLENDENS #3 FULL 20 PYROSTEGIA IGNEA #3 FULL 20 RHABDADEMIA BIFLORA #3 FULL 5 SABAL PALMETTO 18-26 O.A.CURVED TRUNK 14 SERENOA REPENS'CINEREA' 3' X 3' FULL 17 TRACHELOSPERMUM #3 FULL JASMINOIDE 8 THRINAX RADIATA V C.T. CURVED 175 CATHARANTHUS ROSEUS G' POT. FULL SHEET L-2 75 TOTAL: UNITCOST TOTAL THIS INVOICE INVOICE TO DATE THIS INVOICE INVOICE TO DATE TOTAL: $ E SHEET L-3 76 TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT SHEET L-3 REQUEST FOR PAYMENT DATE OF REQUEST FOR PAYMENT: QTY BOTANICAL SIZE UNITCOST TOTAL 14 AUSTRALIAN PINE SUPPLIED BY TOWN 382 ASYSTASIA GANGETICA #1 FULL 6 BURSERA SIMARUBA 14-16 X 8%3- CAL. 2 BURSERA SIMARUBA 10.17 X S, 2" CAL. 1 CASSIA SURATTENSIS 5-6 X 4-5' 11 CONOCARPUS 10-17 X 6, 3" CAL. ERECTUS'SERICEA' 66 CHRYSOBALANUS ICACO #3 FULL 8 COCOS NUCIFERA MALAYAN S G.W. CURVED TRUNK GRN. 60 COCOLOBA UVIFERA #7 FULL 3 EPIPREMMUM AUREUM 8" BASK, 24" RUNNERS 58 FICUS MACROPHYLLA'GREEN #3 FULL ISL' 112 FICUS NITIDA #3 FULL 750 HYMENOCALLIS LATIFOLIA #3 FULL 3 LIVISTONA CHINENSIS SX 3' 2 LIVISTONA CHINENSIS SWD. 278 LIRIOPE #1 FULL 12 OCHROSIA ELLIPTICA 6-8' FULL 13 SABAL PALMETTO 16-26 O.A.CURVED TRUNK 8 SERENOA REPENS'CINEREA' 3'X 3' FULL 11 TERMINALIA CATAPPA 8' X 6 THIS INVOICE INVOICE TO DATE TOTAL: $ E SHEET L-3 76 TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT SHEET L-4 REQUEST FOR PAYMENT DATE OF REQUEST FOR PAYMENT: OTY BOTANICAL SIZE UNITCOST TOTAL THISINVOICE INVOICETO DATE 30 AUSTRALIAN PINE SUPPLIED BY TOWN 22 ACALYPHA WILKESIANA #3 FULL 1 BRASSIA ACTINOPHLLA 6-10' X 3-0' FULL 1 BURSERA SIMARUBA SPECIMEN 20-27 X5',5- CAL. 6 COCOS NUCIFERA MALA. GRN. 3' G.W. CURVED TRUNK 6 COCOS NUCIFERA MAL. GRN. 6 G.W. CURVED TRUNK 1 COCOS NUCIFERA MALA.GRN. 10' G.W. CURVED TRUNK 4 FICUS AUREA #3 19 HYMENOCALLIS LATIFOLIA #3 FULL 4 LIGUSTRUM RECURVAFOLIUM 12-14' X 6 1061 LIRIOPE #1 FULL 7 OCHROSIA ELLIPTICA r -V FULL 2156 RHOEO SPATHACEA #1 FULL 1 SABAL PALMETTO 14-27 O.A. 4 SABAL PALMETTO 16-26 O.A.CURVED TRUNK 1 SERENOA REPENS'CINEREA' 3' X T FULL 1 THRINAX RADIATA VCT. CURVED TOTAL: $ $ SHEET L-4 77 TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT SHEET LS REQUEST FOR PAYMENT DATE OF REQUEST FOR PAYMENT: QTY BOTANICAL SIZE UNITCOST TOTAL THISINVOICE INVOICETO DATE 11 AUSTRALIAN PINE SUPPLIED BY TOWN 19 ALPINA PURPURATA #7 FULL 3 BRASSIAACTINOPHLLA 8-19X34FULL 7 BUCIDA BUCERAS 14-16 X 8-10', 3 117' CAL. 47 CRINUM ASIATICUM 3' X 3', #7 6 CASSIA SURATTENSIS 5-6 X 4-5' 10 COCOS NUCIFERA MALA.GRN. 6 G.W. CURVED TRUNK 6 COCOS NUCIFERA MALA.GRN. 10' G.W. CURVED TRUNK 6 CLUSEA ROSEA 6-8'X 4' 11 CORD[\ SEBESTENA 10-17 X 4-5',O.A. TREE TRIM 14 COCOLOBA UVIFERA 8' 6" C.T. 14' X 8' 1 COCOLOBA UVIFERA 8'X 4' FULL, TREE TRIM 25 HYMENOCALLIS LATIFOLIA #3 FULL 77 HAMELIA PATENS #3 FULL 3 LIVISTONA CHINENSIS 3'X 3' 6 LIVISTONA CHINENSIS 5'WD. 3553 LIRIOPE #1 FULL 30 LANTANA CAMARA #1 FULL 4 OCHROSIA ELLIPTICA 6-8' FULL 1 ACOELORRHAPHE WRIGHTII 8-10' 1 SABAL PALMETTO 14-27 O.A. 43 SABAL PALMETTO 16-26 O.A.CURVED TRUNK 8 THRINAX RADIATA 5C.T. CURVED TOTAL: $ $ SHEET L-5 78 TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT SHEET L-6 REQUEST FOR PAYMENT DATE OF REQUEST FOR PAYMENT: QTY BOTANICAL SIZE 19 CRINUM ASIATICUM 3' X 3', #7 8 CASSIA SURATTENSIS 5-6' X 4S' 6 CONOCARPUS 10.17 X 6, 3" CAL. ERECTUS'SERICEA' 2 COCOS NUCIFERA MALA. GRN. 3' G.W. CURVED TRUNK 1 COCOS NUCIFERA MALA.GRN. 6 G.W. CURVED TRUNK 1 COCOS NUCIFERA MALA. GRN. 10' G.W. CURVED TRUNK 3 CLUSEA ROSEA 6-8'X 4' 3 CORDIA SEBESTENA 10-17 X 4-5',O.A. TREE TRIM 1 COCOLOSA UVIFERA 8'6" C.T, 14'X 8' 75 HYMENOCALLIS LATIFOLIA #3 FULL 10 HAMELIA PATENS #3 FULL 4 JATROPHA 5-6 X T TREE TRIM 3 LIVISTONA CHINENSIS TX 3' 1740 LIRIOPE #1 FULL 1 ACOELORRHAPHE WRIGHTII 8-10' 615 RHOEO SPATHACEA #1 FULL 13 SABAL PALMETTO 14-27 O.A. 14 SABAL PALMETTO 16-26 O.A.CURVED TRUNK 5 THRINAX RADIATA 5' C.T. CURVED SHEET L-6 79 TOTAL: UNITCOST TOTAL THIS INVOICE INVOICE TO DATE TOWN OF GULF STREAM HISTORIC HIGHWAY STATE ROAD AIA LANDSCAPE ENHANCEMENT PROJECT MISCELLANEOUS ITEMS REQUEST FOR PAYMENT DATE OF REQUEST FOR PAYMENT: OTY SIZE UNITCOST TOTAL 40 HAND LABOR (WEEDING, HOURS PRUNING) PLANTING SOIL PER SPECS 320 SPLIT RAIL FENCE (MATCH LINEAR FEET EXIST.) 200 BAHIA SEED LBS. 4707 PINE NEEDLES BALE 5 STUMP GRINDING • T.B.D. BAHIA SOD SQUARE FEET • T.B.D. ST. AUGUST. FLORITAM SOD SQUARE FEET 1 MAINTENANCE OF TRAFFIC I MOBILIZATION, BONDS, INSURANCE 90 DAYS HAND WATERING, MAINTENANCE 1 INDEMNIFICATION THIS INVOICE INVOICE TO DATE $100.00 $100.00 TOTAL: $ S Contractor to supply unit prices for installed material in the event they are necessary. iN CERTIFICATE OF SUBSTANTIAL COMPLETION TOWN OF GULF STREAM PROJECT CONTRACTOR: CONTRACTOR FOR: CONTRACT DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this contract has been reviewed and found to be substantially complete, The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, so the Town can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Document. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Engineer, is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed to in writing. The Contractor will complete or correct the Work on the list of items attached hereto with _ days from the above Date of Substantial Completion. CONTRACTOR BY DATE The Town accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time) on (date). TOWN BY DATE F➢1 CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE OF LIEN STATE OF FLORIDA COUNTY OF Palm Beach CONTRACT NO. BEFORE ME, the undersigned authority, personally appeared being by me first duly swom, deposes and says that: 1. He is (title) (company) of doing business in the State of Florida, (hereinafter called "Contractor") who after 2. Contractor, pursuant to Contract dated (hereinafter referred to as "Contract") with TOWN OF GULF STREAM, (hereinafter referred to as 'Town"), has heretofore furnished or caused to be furnished labor, material and services for the construction of certain improvements as more particularly set forth in the Contract. 3. Contractor represents that all work to be performed under the Contract has been fully completed and that all persons and firms who furnished material, labor and/or services incident to the completion of said work have been paid in full. 4. The Contractor, for and in consideration of final payment in the amount of $ and all other previous payments paid by Town to Contractor, does hereby waive, release, remise and relinquish the Contractor's right to claim, demand or impose a lien or liens for work done or materials and/or services furnished or any other class of liens whatsoever, on any of the premises owned by Town on which improvements have been completed in connection with the Contract. 5. The Contractor herein makes this Affidavit and Final Release of Lien for the express purpose of inducing Town to make final disbursement and payment to the Contractor in the amount of $ 6. This Affidavit and Final Release of Lien is made by Contractor with full knowledge of the applicable laws of the State of Florida. In addition to such rights as may be afforded to Town under said applicable laws, Contractor expressly agrees to indemnify and save 82 Town harmless from any and all actual costs and expenses, including reasonable attorney's fees, arising out of claims by laborers, sub -contractors or materialmen who might claim that they have not been paid for services or material furnished by or through the Contractor in connection with the work performed under the Contract. 7. To the best of Contractor's knowledge and belief, the following is a list of all employed under this Contract who have filed a Notice to Owner with the Town of Gulf stream: NAME ADDRESS 1. 2. 3. AMOUNT DUE (if known) (Attach a separate sheet if necessary) The Contractor herein does hereby represent that he has authority to execute a full and final release of lien for and in behalf of the Contractor as set forth above. (Corporate Sea]) (Notary Sea]) AN Title: SWORN TO and subscribed before me this _day of Notary Public My Commission Expires: 83 19 SUBCONTRACTOR'S, MATERIALMEN AND LABORER'S FINAL WAIVER OF LIEN STATE OF FLORIDA COUNTY OF Palm Beach WHEREAS, the undersigned, employed by CONTRACT NO labor to the Town of Gulf Stream on property located at: has been heretofore to furnish certain services, materials and/or NOW, THEREFORE, the undersigned, for a good and valuable consideration of dollars, the receipt of which is hereby acknowledged, hereby and now waives unto the TOWN OF GULF STREAM any and all lien, right of lien or claim of whatsoever kind or character on the above described real estate, on account of any and all labor or material, or both, furnished for or incorporated into said real estate by the undersigned; and further certifies that the consideration moving to the undersigned for executing this Waiver of Lien has been mutually given and accepted as absolute cash payment and not as a conditional or part payment or as security for payment. The undersigned herein does hereby represent that he has authority to execute this Final Release of Lien. Signed, sealed and delivered this _ day of (Corporate Seal) (Notary Seal) a 19—. Title: SWORN TO and subscribed before me this_day of 19_ Notary Public My Commission Expires: 84 SECTION 4 TECHNICAL SPECIFICATIONS Index of Technical Specifications PAGES 4.1 Trees, Shrubs and Ground Covers 73-94 4.2 Grass Sodding 4.3 Grass Seeding M 95-100 101-109 4.1 TREES, SHRUBS AND GROUND COVERS PART 1: GENERAL 1.01 SCOPE: The Work shall consist of furnishing all labor, supplies, equipment, and materials necessary to complete the planting of all trees, shrubs, and ground covers in the locations shown on the Drawings, and all other work associated with and incidental to the landscape planting work as shown on the Drawings and specified under this Section. All plant material shall be of the specific size and quality indicated on the Drawings; shall be installed, maintained, and watered in strict accordance with sound nursery practices. 1.02 RELATED WORK: Grass sodding, Section 4.2 1.03 SUBMITTALS: 1. Prior to planting, the Contractor shall submit written verification of the planting soil content which shall include a PH analysis, percentages of muck and sand (by volume) and the amount of soil moisturizer included in the planting mix. 2. Written request for approval to substitute a material's plant designation (B&B, WB&B, CG, etc.) type, grade, quality, size, quantity, etc. due to the non-availability of the material specified shall be submitted within 5 calendar days before installation. Approval shall be given by the Landscape Architect before the material is delivered and installed on the project. 3. Any request for approval of an equal shall be in writing. Request shall be submitted within 5 calendar days before installation. Approval shall be given by the Landscape Architect before the material is delivered and installed on the project. 4. Submit prints of shop drawings for any special conditions not covered in the details These shall be reviewed by the Landscape Architect before they are installed on the project. 5. Submit a written schedule of source(s) for Coconut Palms, as well as certification of seed source with final contract Coconut Palms shall be certified Malayan Green with a cerified seed source from Jamaica. 6. Submit a sample and analysis of mulch for approval by the Landscape Architect before the material is delivered and installed on the project. 7. Submit copies of the manufacturer's specifications or analysis for all fertilizer including data substantiating that proposed materials comply with specified requirements. This shall be for approval by the Landscape Architect before the material is delivered and 87 installed on the project. Provide receipts or fertilizer labels for verification of fertilizer amounts used. 8. Submit prints of shop drawings for all staking and guying methods to be used if the ones indicated in the Plans, Specifications or other referenced documents are not to be implemented prior to installation. 1.04 GRADE STANDARDS: 1. All plant material shall be nursery grown, except where specified as collected material and shall comply with all required inspections, grading standards, and plant regulations as set forth by the Florida Department of Agriculture's "Grades and Standards for Nursery Plants" the latest edition. G2. CALIPER All plant material shall have a growth habit that is normal for that species and shall be sound, healthy, vigorous, and free from insects, diseases, MIN BALL DEPTH 1 plant and injuries. 16" 3. Trees shall be heavily branched and palm trees shall be heavily leafed. Requirements - 1.75" 20" for the measurement, branching characteristics, and balling and budapping methods 1.75 - 2.00" shall generally follow requirements in "Grades and Standards for Nursery Plants, Part I," 65% of dia. 2 and "Grades and Standards for Nursery Plants, Part ll," latest edition. 24" 4. Unless otherwise specified, all plant material shall be Florida No. 1 or better until the Qexpiration 88 of the required guarantee period. 5. ALL PLANTS NOT LISTED IN THE GRADES AND STANDARDS FOR NURSERY (, PLANTS, shall conform to a Florida No. 1 as to: (1) health and vitality. (2) condition of foliage. (3) root system. (4) freedom from pest or mechanical damage and (5) heavily braced and densely foliated according to the accepted normal shape of the species. C6. Exception "Grades to and Standards": Any section of Florida Department of Agriculture's "Grades and Standards" which allow nails or spikes in the trunks of trees or palms shall be EXCLUDED from these Specifications. THESE SPECIFICATIONS PROHIBIT NAILS AND SPIKES IN TRUNKS. j 7. Measurement of Trees, Palms, Shrubs & Ground Cover. [� a. Rootball: Requirements for the measurement of rootball diameter and depth shall comply with requirements as set forth in the latest edition of the Florida Department of Agriculture's "Grades and Standards for Nursery Plants, Part 1 and Part 2" I CALIPER MIN BALL DIA MIN BALL DEPTH 1 - 1.50" 16" 75% of dia. 1.5 - 1.75" 20" 65% of dia. 1.75 - 2.00" 22" 65% of dia. 2 - 2.50" 24" 65% of dia. 88 2.5 - 3.50" 26" 65% of dia. 3.5 - 4.00" 28" 65% of dia. 4 - 4.50" 30" 60% of dia. 4.5 - 5.00" 32" 60% of dia. 5 - 5.50" 34" 60% of dia. 5.5 - or more increase in 60% of dia, up to 48", then proportion decrease in proportion for larger size diameter Sabals 36" 60% of dia. b. Height: The height of plant material shall be measured from finish grade and continue up to where the main mass of the plant uniformly ends. The height shall not include any singular or isolated parts of the plant, such as leaves, shoots, branches, limbs or fronds, which extend out beyond the main mass of the plant. C. Width: The width of plant material shall be measured from one side of where the main mass uniformly ends the continue to the other side of where the main mass of the plant uniformly ends. The width shall not include any singular or isolated parts of the plant, such as leaves, shoots, branches, limbs or fronds, which extend out beyond the main mass of the plant. d. Caliper. The caliper of tree trunks shall be measured 4' above the ground unless: a. The landscape regulations, ordinances and code requirements from the appropriate local jurisdiction the project is located in indicate another method of measurement. b. Another method of measurement is indicated otherMse on the Plans. C. Palms: Requirements for the measurements of clear trunk, clear wood, greywood, rootball diameter and depth shall comply with requirements as set forth in the latest edition of the Florida Department of Agriculture's "Grades and Standards for Nursery Plants, Part 2". m B. All sizes shown for plant material on the Plans are to be CONSIDERED AS MINIMUMS. All plant material must meet or exceed these minimum requirements for height, spread, etc, as indicated on the Plans. When plant sizes are specified as a range of size, installed material shall average the mean of the range specified. 9. Plant material showing signs of die -back or leaf -drop after planting will not be accepted. 10. Plant material shall not have chlorosis in any foliage. 11. Mechanical Destruction of Foliage: Mechanical destruction of foliage resulting from root pruning shall not effect more than 10% of the total foliage prior to planting on the project. Loss of foliage caused by seasonal change will be accepted. 12. Spanish Moss: If Spanish Moss (Tillandsia useoides) exists on plant material, it shall be completely removed prior to planting on the project. 13. Plant material shall not be accepted when the ball of earth surrounding its roots has been cracked, broken or otherwise damaged. 14. Root pruning of plant material, when necessary, shall be done a minimum of four (4) weeks or for a period as determined by the Landscape Architect prior to planting at the project. Prior to root pruning, the Contractor shall give 48 hour advance notice to the Landscape Architect advising of the date to root prune any plant material. This shall allow for any inspections during or after the root pruning, if necessary. 15. Correct Grade of Plants: Any supplier of materials misrepresenting the grade of quality of their materials (i.e. a higher grade than the are) as determined by the Landscape Architect through the application of the Plans and Specifications, shall not be allowed to supply any material for this project. All material already supplied and received from such a supplier shall be removed and replaced at no additional cost to the Town. This requirement for removal and replacement shall also include any installed materials. No further materials will be accepted from such supplier until written evidence is submitted and confirmed that all material for delivery is of the grade or quality represented. Me If plant material that meets the requirements of size, quality and grade cannot be found as result of freeze or hurricane damage, the Contractor shall notify the Landscape Architect who will recommend one of the following courses of action: a. Do not replace the material, or if the plants have not yet been installed, do not install them. Full credit for plant cost, including installation, based on the Schedule of Values, will be given to the Owner. b. Delay installation of the plant material until material is available which meets specifications. C. Accept smaller sizes of the plant material specified, and negotiate any fee adjustments prior to installation. 1.05 DELIVERY AND HANDLING: 1. Movement of nursery stock shall comply with all Federal, State, and local laws, regulations, ordinances, codes, etc. 2. The Contractor shall be responsible for protecting plant material from adverse environmental conditions during all phases of delivery and storage. Further, the Contractor shall be responsible for protecting plant material from any and all damage, theft or deterioration of health or appearance during all phases of delivery and storage. 3. Wrap root balls with burlap. Wire wrap burlap if root ball is not sufficiently compacted. Palms will not require burlap wrapping if the following requirements are met: a. Dug from marl or heavy soil that adheres to roots and retains shape without shattering. b. Moistened material used to cover root ball and not exposed to wind and sun. C. Planted within 24 hours after being dug. d. Store plants in shade and protect from weather. e. Maintain and protect plant material which will not be planted within four (4) hours of delivery. 1401 4. These plants shall be properly protected until they are planted. The plant shall be handled only by both the trunk and root ball at the same time and not by the trunk only. Any (B&B) or (WB&B) plant which shows evidence of having been handled by a method other than the method outlined above and resulting in damage to the plant such as a cracked or broken root ball or the roots that have been loosened with the ball, shall be rejected. 5. Transport materials on vehicles large enough to allow plants not be crowded and damaged. Plants shall be covered to prevent wind damage during transit. 6. Protect plant material during shipping to prevent damage to the root system and desiccation of leaves. Trees shall be protected during shipping by tying in the branches and covering all exposed branches as necessary. Do not bend or bind -tie plant material in such a manner as to damage bark, break branches or alter the natural shape. 7. The Contractor shall exercise care in handling, loading, unloading, storing and transporting all material to prevent damage. The Contractor shall assume full responsibility for protection and safekeeping of materials stored. PART 2: MATERIALS 2.01 MULCH 1. Mulch shall be pinestraw. Mulch shall be free of weeds, seeds and any other Organic or inorganic material. The Contractor shall guarantee that mulch is sterile. 2.02 PLANTING SOIL 1. General Type: All new and transplanted plant material (other than sod) shall be planted with the general type planting soil, UNLESS OTHERWISE STATED IN THE PLANS. The planting soil shall be a sandy loam (60% sand and 40% Everglades peat (muck), by volume. The soil shall be thoroughly mixed and delivered in a loose, friable condition. The sand shall be well -washed lawn sand, free of silt and sludge, equivalent to Rinker screening #19. "Cyclone" sand is not acceptable. The planting soil Ph shall not exceed 8.0 - 8.2. This soil shall be as fill for all planters. 92 2. Soil for backfilling root -pruning trenches: The soil shall be a mixture by volume of 70% planting soil as described in 2.03A above, and 30% mulch with 0-20-0 fertilizer added at a rate of 1/3 pound per cubic yard of soil, thoroughly intermixed prior to backfilling. 2.03 PLANT REQUIREMENTS: 1. Balled and Burlapped Plants: The root ball shall be properly protected and kept moist until planted. Whenever possible, the plant shall be handled only by the earth ball and not by the plant itself. The diameter of the ball must be sufficient to encompass all of the fibrous and feeding root system necessary for the maximum development of the plant. 2. For plants grown in soil of a loose texture, which does not readily adhere to the root system, especially in the case of large plant material, wired B&B plants shall be used. For WB&B plants, before the plant is removed from the hole, hog wire with approximately 1 to 1-1/2 inch openings or a Kerr's wire basket (Vermeer Standard, Caretree Standard, Caretree Truncated or Clegg) shall be placed around the burlapped ball and looped and tensioned until the burlapped ball is substantially packaged by prevent disturbing of the loose soil around the roots during handling. 3. Container -Grown Plants: Plants which have become "pot bound" will not be acceptable. A container cutter shall be used unless the root ball system slips easily and unbroken from the container. Plants shall not be removed from the can until immediately before planting. 4. Palms: All palms species except Sabal Palmetto shall have roots adequately wrapped before transporting. All Sabal palms shall be booted or not booted as indicated on the Plans. Unless otherwise noted, all Sabal palms shall be hurricane cut. Sabal palmettos shall have a trunk between 12" and 16" in diameter. Any damaged palm tree will be rejected. All Sabal palms shall be taken from locations with sandy soils. The balls of all Sabal palms shall be a minimum 3' in diameter. All Coconuts shall be grown from certified sources for Malayan Green Coconuts. 5. Collected Plants: Plant material that has not been taken from active nursery operations shall be dug with a root ball spread at least 1/3 greater than nursery grown plants and shall not be planted before inspection and acceptance at the site. 93 2.04 FERTILIZER 1. New Trees, Transplanted Trees, Palms, Shrubs and Ground Cover (Container): 20-10-5 formula, 21 gram or equal per manufacturer's recommendation. 2. Composition and Quality: All fertilizer shall be uniform in composition and dry. Granular fertilizer shall be free flowing and delivered in unopened bags. Tabletized fertilizer shall be delivered in unopened containers or boxes. All bags, containers or boxes shall be fully labeled with the manufacturer's analysis. 3. All shall comply with the State of Florida fertilizer laws. 2.05 STAKING AND GUYING MATERIALS 1. Support stakes and anchor stakes shall be new, number 2 grade Yellow Pine, or number 2 Cedar, free of knot holes, splinters, or cracks, and sized as per details on plan. 2.06 HERBICIDES 1. Herbicides used to kill existing weeds shall be Round -up or approved equal. Near water bodies, where chemical could runoff into the water, use Rodeo or equal in lieu of Round -up. 2. Pre -emergent herbicides shall be either Gallery, Ronstar, Surflan, or equals. The particular herbicide to be used shall be determined at time of use depending upon type of weeds to be treated. PART 3: EXECUTION 3.01 OBSERVATION 1. Prior to the work, carefully inspect site conditions and verify that site conditions are satisfactory so that this installation may properly commence. 2. Start of work shall imply acceptance of the site conditions. 94 3. Utilities (Overhead and Underground). a, The work area may have existing utilities, such as, but not limited to, irrigation, phone, electrical, storm sewer, and residential irrigation systems. The location of some of these existing utilities have been indicated on the Plans. However, no guarantee is implied that the Plans are accurate or complete. It shall be the responsibility of the Contractor to verify the location of all such utilities, structures, etc., by hand excavation or other appropriate measures before performing any work that could result in the damage or injury to persons, utilities, structures or property, The Contractor shall make a thorough search of the site for utilities, structures, etc. before work is commenced in any particular location. The Contractor shall coordinate with Call Sunshine or No Cuts to mark all existing utilities. The Contractor shall coordinate directly with the Town of Gulf Stream Water Department to mark any water line locations. b. The Contractor shall take immediate steps to repair, replace or restore all services to any utilities, irrigation systems, or other facilities which are disrupted due to his or her operations. Further, the Contractor shall engage any additional outside repairs on a continuous "around the clock' basis until services are restored. The Contractor shall also provide and operate any supplemental temporary services to maintain uninterrupted use of the facilities. All costs involved in the repairs and restoring of disrupted service resulting from negligence on the part of the Contractor shall be bome by the Contractor and the Contractor shall be fully responsible for any and all claims resulting from the damage. C. Should utilities, irrigation systems, structures, etc. be encountered which interfere with the work, the Landscape Architect shall be consulted immediately in order for a decision to be made on the relocation of the work so it will clear the obstruction, if the obstruction cannot be relocated. d. The Contractor shall not purposefully disrupt or disconnect any type of utility whatsoever without first obtaining the written permission of the Landscape Architect. Request for disconnection must be in writing and received by the Landscape Architect or owner at least seven (7) days prior to the time of the requested interruption. The Landscape Architect Reserves the right to make slight adjustments on site. 95 3.02 BED LAYOUT 1. Contractor shall stake all tree locations for approval by the Landscape Architect. Following the approval of the tree locations, the Contractor shall layout beds according to the plans or as directed by the Landscape Architect. Sod shall be removed from planting beds. Edge of beds shall be smooth lines as indicated on plans or as directed by the Landscape Architect. 3.03 GRADES 1. It shall be the responsibility of the Contractor to provide the final grading so the final level for planting areas conforms to surrounding grades and is at the proper elevation with relation to walks, paving, drainage structures and other site conditions, unless indicated otherwise on the Plans. 2. All planting areas bordered by pavement, sodded areas, sidewalk, or curb shall have a finished grade (not including mulch) 2" below the grade established by the adjacent pavement or edge. 3. In some areas, steep grades require the addition of soil to accomadate planting operations. Soil shall be placed at a grade no greater than 2 to 1 slope, planted 1. Prior to beginning the planting operation, apply "Round Up" herbicide to all weeds that have appeared within the bedlines and repeat after 7 days. Wait a minimum of 2 weeks before beginning the clearing operation. Treat all beds with "Rhon-Star" prior to beginning the mulching operation. Apply all herbicides in accordance with the manufacturer's recommendations. Landscape Installer is responsible for the removal of all weeds appearing on the site prior to the end of the maintenance period. 2. The Contractor shall exercise extreme care to prevent damage to desirable existing growth. The Contractor shall conduct a test to establish suitability of product and applicator to be used on this project, prior to execution of the full application. 3. Contractor shall apply approved pre emergent herbicide to all newly planted beds prior to mulching per manufacturers instructions. M. 3.05 SPACING OF GROUND COVER AND SHRUBS: The location of a planting bed (shrub or groundcover) next to another bed, walkway, structure, etc. shall have the plants along the perimeter spaced so that the plants can mature properly without growing into the other bed, walkway, structure, etc. When shrub and/or groundcover masses are to be planted adjacent to each other, plants at the edge of each mass shall be spaced to allow a maintenance corridor sufficient in width for a worker to walk between them to gain access for trimming, spraying, etc. after allowing for normal growth of the plants. Mulch the maintenance corridor. 3.06 SUBSURFACE AND SURFACE CONDITIONS 1. Some or all work areas may be compacted and/or contain existing material such as limerock or road construction material which may interfere with adequate vertical drainage and/or proper plant survival and growth and therefore removal of this material is part of the scope of work for the project. The Contractor shall be responsible for insuring adequate drainage in these areas and shall remove this existing material, as required, by such means as auguring, drilling or rototilling. THEREFORE, THE CONTRACTOR MAY BE REQUIRED TO PERFORM ADDITIONAL EXCAVATION ON THE HOLES FOR ALL PALMS AND TREES. This additional excavation shall be to a depth beyond the required excavation depth indicated below for the holes, in order to insure proper vertical drainage necessary for plant survival and growth. 2. The Contractor shall remove all existing concrete, asphaltic concrete and rocks, above and below grade, from areas to be landscaped. 3.07 EXCAVATION OF PLANT HOLES 1. General a. Excavation of plant holes shall be roughly cylindrical in shape with the sides approximately vertical. The Landscape Architect reserves the right to adjust the size and shape of the plant hole and the location of the plant in the hole to compensate for unanticipated structures or unanticipated factors which are a conflict. See 3.06. 97 2. Trees and Palms: a. Depth of hole shall be equal to the rootball depth plus 12 inches, unless further depth is required to provide adequate drainage. b. Diameter of hole shall be as follows ROOTBALL DIAMETER HOLE DIAMETER 12" or less ball dia. + 12 13" to 24" ball dia. + 18" 25" to 60" ball dia. + 24" 61" or greater ball dia. + 36" 3. Shrubs a. Singular plants and mass plantings (2 or more together) planted 30" O.C. or b. Hedges: 1. Depth shall be equal to the rootball depth plus 8 inches. RM more. 1. Depth of hole shall be equal to the rootball depth plus 8 inches. 2. Diameter of hole shall be as follows: ROOTBALL DIAMETER HOLE DIAMETER 12" or less ball dia. + 12 13" to 24" ball dia. + 18" 25" to 60" ball dia. + 24" 61" or greater ball dia. + 36" b. Hedges: 1. Depth shall be equal to the rootball depth plus 8 inches. RM 2. Diameter. Hedge material shall be planted in individual holes as follows: ROOTBALL DIAMETER HOLE DIAMETER 12" or less ball dia. + 12 13" to 24" ball dia. + 18" 25" to 60" ball dia. + 24" 61" or greater ball dia. + 36" 4. Ground Cover Masses: a. Container Material: 1. Depth shall be equal to the rootball depth plus 8 inches. 2. Diameter. Ground cover material in mass shall not be planted in individual holes but rather in one continuous hole or excavation for the entire mass, all at a width of 12 inches more than the width of the rootball. b. Rooted Cuttings: 1. Depth shall be 6 inches. 3. Diameter. Ground cover material in mass shall not be planted in individual holes but rather in one continuous hole or excavation for the entire mass. 3.08 SETTING OF PLANTS: 1. Plant material shall be planted at their natural and original planting level prior to their placement on this project or job. When lowered into the hole, the plants shall rest on the prepared hole bottom such that the surface roots at the top of the rootball are level or slightly above the level of the surrounding final grade after settlement (ie. The final level of the top of the plant's rootball shall be the same as the surrounding final grade) the practice of plunging, burying or planting any plant material such that the surface roots at the top of the rootball are below the level of the surrounding final grade, will not be permitted unless it is indicated otherwise in these specifications or it is approved in writing by the landscape architect prior to such action being taken. The plants shall be set straight or plumb or normal to the relationship of their growth prior to transplanting. The Architectreserves the right to realign any plant material after it has been set. 2. The balls of B&B or WB&B plants which cannot be planted immediately shall be covered with moist soil, mulch, or other protection to prevent drying. All plants shall be watered as necessary before and after planting. 3. Plant material of the shrub category and smaller must be handled by the ball only. Plant material too large for hand handling, if moved by winch or crane, must be thoroughly protected from chain, rope or cable marks, girdling, bark slippage, limb breakage and any other damage that might occur by improper handling or negligence. 4. All trees and palms shall be handled by both the trunk and rootball at the same time and not by the trunk only. Trunks shall be thoroughly protected. 5. Container grown plant material shall be carefully removed from the container so as not to disturb the root system. 3.09 BACKFILLING: All backfill to be used in planting shall be comprised of 50% existing soil and 50% of the specified planting soil. The backfill shall be firmly tamped and settled by watering to within 1/3 of the top of the planting hole and thoroughly puddled with water to eliminate all air pockets before bringing backfill up to the finished grade. There shall be a 6" high water basin, no smaller than the plant hole, constructed around each plant for watering purposes. Hedge and mass shrub planting should have the dike encompassing the entire grouping of plants. The soil used to make the dike shall consist of planting soil. The dike should be removed prior to beginning the mulching or sodding operation. 3.10 APPLICATION OF FERTILIZER: 1. New Trees, Transplanted Trees, Palms, Shrubs & Groundcovers shall receive agriform tablets as follows: a. Container Size 1 gal container 3 gal container 5 gal container 7 gal container Application Rate 1 tablet 2 tablets 3 tablets 5 tablets b. Large tubs or boxes and B&B material shall receive 1 tablet for each 1/2 inch of trunk diameter (measured 3 feet from ground). For large shrubs, 1 tablet for each 1 foot of height or spread. 2. Granular fertilizer for new trees, palms, shrubs and groundcovers shall be applied on top of mulch, within one week after planting. Tags from fertilizer bags used on site shall be given to the Landscape Architect. Water all plant material immediately following fertilization. 3.11 STAKING AND GUYING: 1. Staking and guying shall not be attached to the plant material with nails. Any methods of staking and guying, other than those indicated in the details, shall receive approval from the Landscape Architect prior to their installation. Refer to the heading "Setting of Plants", which is in Part 3.08 of these Specifications, for additional information. 2. The Contractor is responsible for performing all staking and guying in accordance with all applicable regulation, ordinances and code requirements from the appropriate local jurisdiction the project is located in. 3. The decision of whether to stake or guy shall be left to the discretion of the Landscape Architect, provided it is not required according to local regulations, ordinances and code requirements. However, a decision not to stake or guy shall not relieve the Contractor of the responsibility of resetting plant material if it blows, falls or leans over. Also, it will not relieve the Contractor of the guarantee if the material dies as a result of blowing, falling or leaning over, regardless of the reason for the plant material's displacement. The Contractor shall be responsible for any damaged caused by the falling or leaning trees. All tree staking shall be accomplished in a neat and workmanlike manner. 4. The contractor shall remove and dispose of materials when it is determined by the Landscape Architect that sufficient time has elapsed for the plant root to stabilize the plant. This shall be done even if the project has been completed and given final acceptance. 3.12 PRUNING AND THINNING: 1. The amount of general pruning and thinning shall be limited to the minimum necessary to remove dead or injured twigs and branches and to compensate for the loss of roots as a result of transplanting operations. Pruning and thinning shall be done in such a manner as not to change the natural habit or shape of a plant. The Landscape Architect shall be contacted prior to performing any major pruning and thinning. The Landscape Architect may elect to be present during any pruning and thinning. 2. All broken or damaged roots shall be cut off smoothly. 3. The tops of all new or relocated trees shall be pruned in a manner complying with standard horticultural practices. 101 3.13 MULCHING: 1. Within one week after plant installation, apply mulch material in a minimum 3" thick layer over all tree and shrub planting areas. All mulch layers shall be of the specified thickness at the time of the acceptance of the work. 2. Preserve mulch saucer around all trees located in lawn areas as per planting detail. 3.14 WATERING 1. The Contractor shall be responsible for supplying water for hand watering by means of a truck or tank. 2. Initially, water the plant material to develop uniform coverage and deep water penetration of at least six inches. Avoid erosion, puddling, and washing soil away from plant roots. 4. Provide continuous watering of new plant material and sod after planting in order to achieve optimum growth conditions to establish plants. Water shall be applied as necessary and the amount of water and frequency of watering shall be based on the specific needs of each plant type, the time of year, amount of rainfall and other environmental conditions it is exposed to. This water shall begin after the plant is planted and continue for ninety consecutive calendar days after final acceptance of planting. 4. The intent of these Specifications is to provide for the thorough watering of all plant material until establishment, including but not limited to turf areas, ground covers, shrubs and trees. The Landscape Contractor is responsible for the survival and health of the plant material throughout the contract and warranty period. The majority of homeowners along the project have irrigation systems that will provide some watering to the new plant material. It is the contractors responsibility to monitor the amount of water being supplied and adjust his watering schedule according. 102 By the end of an establishment period of 90 days, all plant material shall be weaned off of supplemental water and thrive in a healthy condition until the end of the warranty period. If a severe drought occurs during the warranty period further supplemental water may be required. Any plant material not meeting or exceeding the required specification at the end of the warrantee period shall be replaced and guaranteed for a duration of one year from the time of replacement and weaned of supplemental water for a 90 day period after final acceptance of all planting. 5. Contractors shall submit a watering plan at the time of bid. This plan shall specify methods and a schedule for watering including the name, address and phone numbers of any subcontractors responsible for watering. 3.15 WEEDING 1. In the event that weeds or other undesirable vegetation becomes prevalent to such an extent that they threaten plant material, they shall be removed as directed by the Landscape Architect. This condition shall apply during the construction, maintenance and guarantee periods if the weeds were introduced by the Contractor through the plant material, planting soil, sand or mulch used. 2. All landscaped areas shall be free of nut grass, torpedo grass and other noxious weeds. "Round -Up" or approved equal shall be applied to all planting areas as needed and determined on site by the Landscape Architect. Application may be required once a month. Contractor is responsible for the removal of all weeds appearing on the site prior to the final acceptance of the work by the Owner. 3. If necessary, the plant material, mulch, sand and/or planting soil shall be replaced as needed to eliminate weeds or undesirable vegetation at the expense of the Contractor. 4. In areas with persistent weed problems additional pre -emergent herbicides may be required as directed by the Landscape Architect. 103 3.16 REMOVAL OF PLANT MATERIAL: All plant material that is to be removed shall be removed completely, including the rootball, from the job or as directed by the Landscape Architect. The remaining hole shall be filled with replacement material or planting soil as directed by the Landscape Architect. 3.17 CLEAN-UP 1. Disposal of Waste: All waste and other objectionable material created through planting operations and landscape construction shall be removed completely on a daily basis from the job or as directed by the Landscape Architect. Any paved areas including curbs and sidewalks which have been strewn with soil, sod waste, fertilizer or other waste shall be thoroughly swept. The Owner is not required to supply areas or facilities for storage or removal of waste on-site. 2. Excess Fill: All excess fill which results from the installation of the project shall be removed and disposed of from the project if necessary at no additional cost to the Owner. 3.18 CONDITIONS OF PLANTING: Plant material shall be maintained by watering, removing dead branches, resetting plants to proper grade, or upright position and any other operation necessary to assure good maintenance and compliance with the Drawings and Specifications. The Contractor shall keep all guy wires tight and all tree staking properly adjusted. All plants shall remain healthy, vigorous, and undamaged throughout the guarantee period. PART 4: ESTABLISHMENT 4.01 ESTABLISHMENT PERIOD: 1. The Contractor will be responsible for the proper maintenance, survival, and condition of all plantings from the time of installation until 90 days following final acceptance of the entire job by the Owner and Landscape Architect. Necessary replacement of plants during the guarantee period shall be the responsibility of the Contractor. All plantings shall be alive and in good growing condition at the time of final acceptance. The rating of each plant according to Florida Grades and Standards shall be equal to or better than that called for on the Drawings and specified in this Section at the time of final acceptance. 2. Maintenance and watering shall begin immediately after each plant is planted until 90 days after final acceptance. 3. Plant maintenance shall include watering, pruning, weeding, cultivating, repair of erosion, mulching, tightening and repairing or guys, stakes, braces, etc., replacement of sick or dead plants, resetting plants to proper grades or upright position, maintenance of the watering saucer, litter removal, and all other care needed for proper growth of the plants. 4. All plant material shall be weeded once a week. In the event that weeds or other undesirable vegetation becomes prevalent to such an extent that they threaten plant material, the weeds shall be removed as directed by the Landscape Architect. If necessary, the plant material, mulch, sand and/or planting soil shall be replaced as needed to eliminate weeds or undesirable vegetation at the expense of the Contractor. 5. Insecticides: a Contractor shall apply all insecticides as needed, for complete control of pests and disease. The materials and methods shall be in accordance with highest standards and horticultural practices as recommended by the County Agent, and approved by the Landscape Architect, who shall be given 48 hours notice, prior to application. b When a chemical is being applied, the person using it shall have their possession all labeling associated with the chemical. The chemical shall be applied as indicated on the said labeling and in strict compliance with all Federal, local and District regulations regarding protective wear. c The spraying of insecticides and other such chemicals are to be confined to the individual plant. Spraying techniques which may introduce the material being sprayed beyond the immediate area of the individual plant, is strictly prohibited. d The implementation of control measures for pests and disease infestations shall be in strict compliance with all federal and local regulations. Upon request, the Contractor shall furnish documentation of such compliance. 105 e All insecticides shall be applied by a licensed/certified operator only. The operator shall have the license/certification in their possession when insecticides are being applied. 6. Protection: Planted trees and plants shall be protected against trespassing and damage. If any plants become damaged or injured, they shall be treated or replaced as directed and in compliance with the Specifications at no additional cost. No work shall be done within or over planting areas or adjacent to plants without proper safeguards and protection. 7. Keep sidewalks, curbs and gutters drainage structures, driveways, parking areas, streets, terraces, decks and pavers free of plant cuttings, debris and stains. 8. Material rejected during the course of construction shall be removed within 10 working days and replaced before an inspection for completion will be scheduled. 9. At the end of the maintenance period, contractor shall fertilize all trees and shrub with Organic 655 with minors per manufacturer's recommendation. Fertilize coconut palms with Palm Special with minors per manufacturers recommendation. If the Contractor fails to perform maintenance consistent with these specifications, as determined by the Landscape Architect, than the Ower may perform any necessary maintenance and backcharge the Contractor for labor and materials 10. Replacement Replacement of plant material shall be the responsibility of the Contractor including the possible replacement of plant material resulting from removal by theft or vandalism or acts of negligence on the part of others. All plant material shall be alive and in good growing condition for each specific kind of plant at the time of Final acceptance. 11. Rating: The rating of plant material according to Florida Grades and Standards shall be equal to or better than that called for on the Plans and in these Specifications at the time of final acceptance. 4.02 GUARANTEE 1. The guarantee shall not begin until the day final written acceptance of completion of planting work is given and prior to the initiation of the 90 day watering period. 2. All landscape elements and plant material, except sod, shall be guaranteed for a minimum of one calendar year from the time of final acceptance. Im 3. An inspection may be made at the end of the period, but prior to the last day of the guarantee period 4. Plant material which is on site and scheduled to be transplanted or placed into nursery pots is not covered by a guarantee except in the case of Contractor's negligence or work that has been done in an unworkman-like manner. If it is determined by the Landscape Architect that the Contractor's negligence or unworkman-like operations has severely damaged, or poses a threat to the health of material to be transplanted or already transplanted, then the Contractor shall be responsible to replace the plant(s) as follows: a. Negligence can be, but not limited to, the following list of acts by the Contractors: 1. Girdling trunk and limbs. 2. Breaking limbs so as to deform tree. 3. Allowing trees to dry out during the transplant procedure or after installation during the required watering period. 4. Improper bracing of tree which allowed it to fall and be damaged. 5. Excessive pruning beyond that approved by the Landscape Architect. 4.03 REPLACEMENT 1. The guaranteeing of plant material shall mean the complete and immediate replacement of plant material within ten (10) calendar days if it is: a. Not in a healthy growing condition and thus renders it below the minimum quality indicated in the Specifications (Florida #1). b. There is a question to its ability to survive after the end of the guarantee period that would render it below the minimum quality indicated in the Specifications (Florida #1). C. It is dead. 2. The ten (10) calendar days may be extended due to seasonal conditions, availability, preparation time such as root pruning, etc., only if approved by the Landscape Architect in advance. The extended time shall be negotiated between all parties 107 concerned, but must receive final approval by the Owner and Landscape Architect. After the 10 day replacement period, the Owner may perform the work and withhold monies due to the Contractor for materials and labor costs plus 25% administrative costs. 3. Size, Quality and Grade: a. Provide replacement of the same species of equal size and quality as the damaged plant. b. If an equal -size plant cannot be found, then other methods of compensation shall be determined in negotiation with the Architect. They may include, but not be limited to: 1. Replacement with plant(s) of another species of same size as original plant. 2. Replacement with more than one plant to equal the canopy, truck diameter, or overall height. 3. Payment in lieu of replacement, with value determined by "replacement" value. C. Replacements shall be guaranteed for a period equal to the originally specified guarantee. This guarantee period shall begin at time of acceptable replacement. d. The Contractor shall be responsible for watering the replacement for 90 calendar days after planting. e. A sum sufficient to cover estimated costs of possible replacements, including material and labor, will be retained by the Owner and paid tothe Contractor after all replacements have been made and approved by the Landscape Architect though final payment to the Contractor shall not relieve he or she of the guarantee obligations. im 4.2 GRASS SODDING PART 1: GENERAL 1.01 SCOPE: The Work consists of performing all grass sodding and related work as described in this Section. The work shall include the hand watering of all lawn areas. Sodding will only take place where existing sod has been disturbed by the contractor and needs to be replaced. 1.02 RELATED WORK: 1. Trees, shrubs and groundcover, 4.1 1.03 SUBMITTALS: 1.Submit copies of the manufacturers specification or analysis for all fertilizer including data substantiating that proposed materials comply with specified requirements. This shall be for approval by the Architect before the material is delivered on the project. Provide receipts, fertilizer labels or bags for verification of fertilizer amounts used. PART 2: PRODUCTS 2.01 GRASS SOD: 1. Sod shall be the species as called for on the Drawings; shall be well matted with roots; shall be of firm tough texture, having a compact top growth and heavy root development. The soil embedded in the sod shall be free from fungus, vermin, and other diseases and shall have been mowed at least three time with an approved lawn mower with final mowing not more that 7 days before the sod is cut. The sod shall be taken up in commercial size rectangles measuring 12" x 24". It shall be machine cut at a uniform sort thickness of 1-1/4 inches to 1-1/2 inches plus or minus 1/4 inch, at a time of cutting. Measurement for thickness shall exclude top growth and thatch. 2. All sod shall be Florida Standard Grade. Sod grades shall be as designated by the 'Turfgrass Produces of Florida." All shipments of sod shall be accompanied by a packing slip indicating the variety, species, and quality grade of the shipment. Standard grade calls for no casually visible broad leaf weeds, no obvious patches of weeds and no more than 2% of any other grass or weed in the total area. 109 3. Sod shall be sufficiently thick to insure a dense stand of live grass. Sod shall be live, fresh, and uninjured at the time of planting. Sod shall be planted within 48 hours after being dug. 4. Provide sod of uniform pad sizes with a maximum 5% deviation in either length or width. Broken pads or pads with uneven ends will not be acceptable. Sod pads incapable of supporting their own weight when suspended vertically with a firm grasp on upper 10% of pad will be rejected. Sod shall be relatively free of thatch, up to one half inch allowable (uncompressed). The soil embedded in the sod shall be a clean earth free of stones and debris. 5. Deliver sod on pallets with root system protected from exposure to wind and sun. Deliver sod in quantities capable of being installed within 48 hours of cutting. It shall be planted within 48 hours after being cut and shall be shaded and kept moist from the time it is cut until it is planted. 6. Handle sod in a manner to prevent dislodging native soil mat. Tearing sod shall be prohibited. 2.02 WATER: Sod shall be thoroughly watered in after placing and watered twice after that for establishment. 2.03 FERTILIZER SPREADER: Utilize device for spreading fertilizer capable of uniformly distributing the material at the specified rate. 2.04 HERBICIDES: The herbicide shall be Round -up, as manufactured by Monsanto, or an approved equivalent accepted in writing by the Architect. 2.05 FERTILIZER: Fertilizer for sod shall be granular fertilizer having an analysis of 12-6-8 derived from the following sources. Total Nitrogen 12% Derived from activated sludge urea -form, sulfur coated urea & potassium nitrate fiQS Nitrate .75% Ammoniacal .00% Water Soluble 10.25% Phosphoric Acid 6.00% Derived from triple super phosphate Water Soluble Potash 8.00% Derived from Sulfate of Potash Magnesium, Potassium Nitrate, sulfate of Potash, and activated sludge Total Magnesium 2.41% Water Soluble 2.41% Derived from Sulfate of Potash Magnesium Total Manganese .77% Derived Manganous Oxide Total Boron .02% Derived from Copper Oxide Total Zinc ,08% Derived from Zinc Oxide Total Iron 1.00% Derived from Iron Oxide and Ferrous Sulfate Total Chlorine 2.00% D. Rates of Application: Grass - 12 lbs fertilizer per 1000 SF of lawn 111 PART 3: EXECUTION 3.01 GENERAL: The order of work for sod installation shall be as follows: 1. Rough grading 2. Removal of debris 3. Roto -tilling 4. Fine grading 5. Application of fertilizer 6. Placement of sod 7. Rolling or tamping of sod 8. Pegging or staking if applicable 9. Clean up 10. Watering 3.02 SOIL MANIPULATION: All soil manipulation shall be done at right angles to the direction of the slope. 3.03 ROUGH GRADING: Remove any existing pavement base that may occur in areas to be sodded. Spread stockpiled topsoil subgrade as necessary to establish finish grades between sodded, seeded, and existing lawn areas that are flush with each other. 3.04 REMOVAL OF DEBRIS: Areas to receive grass shall be cleaned of all stones larger that 1- 1/2" in diameter, sticks, stumps, paper, glass, and other debris which might interfere with the placement of sod, growth of grass, or subsequent maintenance of grass area. All weeds or existing grasses shall be removed from areas to be sodded. 112 3.05 FINE GRADING: 1. After removal of debris, fine grading shall be performed as required to bring all areas to receive grass to an acceptable smooth, even, and finished grade. Areas to receive grass shall be fine graded by raking to eliminate wind rows, ridges, depressions, and other irregularities. 2. All sodded areas bordered by paving or lawn areas shall have a finished grade (top of the sod) that is flush with the grade established by the adjacent paving or existing lawn area. All sodded areas bordered by planting areas shall have a finished grade (top of the sod) that is two inches above the soil level in the adjacent planting bed. 3. Remove all weeds, and other vegetation not noted to remain, from lawn areas prior to sodding. 3.06 APPLICATION OF FERTILIZER: Fertilizer shall be as previously specified. The rate of application shall be approximately 12 pounds per 1,000 sq, ft. Fertilizer shall be spread uniformly over the area to receive grass by using an approved distribution device calibrated to distribute the appropriate quantity. Fertilizing operations shall not be performed when the Wind velocity exceeds 15 miles per hour. Wet down areas that have been fertilized prior to sodding. 3.07 PLACING SOD: 1. Sod size shall be a previously specified. The setting of pieces shall be staggered in such a manner as to avoid continuous seams. Pitch forks shall not be used in handling sod and dumping from vehicles shall not be permitted. Sod shall be moist and shall be placed on a moist earth bed. Sod shall be carefully placed by hand, edge to edge in rows at right angles to the slope, commencing at the base of the area to be sodded and working upward. There should be no voids between sod pieces. There shall be no overlapping of the edges of sod pieces. 2. Within one week of the laying of the sod pieces, the sod shall be pressed firmly into contact with the sod bed by rolling with a suitably sized mechanical roller, or other approved equipment. The rolling or tamping operation shall provide a smooth and even surface conforming to the grades shown on the grading plan, and insure knitting of sod without displacement of sod or deformation of the surfaces. 113 3. Yellow sand shall be used to fill any developing voids or unevenness in the sod surface. The finished grade of all sod surfaces shall not vary more than 1/2" from a 10' straight edge. Topdressing shall be performed immediately as necessary and not be applied in amounts detrimental to the sod. Any areas requiring excessive topdressing shall have all sod removed, the area regraded and resodded. All lawn areas shall be rolled again after topdressing until the specified surface is produced. 4. The Contractor shall insure that the finished grade of sod placed directly adjacent to buildings or other walls does not vary more than 1/2" from a 10' long straight edge. 5. Carefully place sod located on slopes, or other sensitive areas, so that rolling with a power roller is not necessary. Sod located around retention areas, along pavement areas or slopes and swales shall be staked. The repair of any erosion or sod relocation necessary prior to the sod becoming firmly rooted to the existing soil shall be the responsibility of the Contractor. Stakes, if used, are not to interfere with the mowing of the lawn areas. Mason sand will be applied to sod in low areas prone to flooding or water retention as stabilization material at a rate to be determined by the Landscape Architect. 3.08 CLEAN UP: Upon completion of the Work, all debris, fertilizer bags, pallets, etc., shall be removed from the site. Any paved areas, including curbs and sidewalks, shall be thoroughly swept. 3.09 WATERING: Watering of the sodded areas will be the responsibility of the Contractor. 3.10 MAINTENANCE: The Contractor shall maintain the sodded areas until the final acceptance of the job by the Owner and the Architect. Maintenance shall include but not be limited to: 1. Mowing all lawn areas no less than every other week. 2. Edging of all walks, roadways, and planting beds no less than every other week 114 3. Control of all lawn insects. 4. Control of all lawn diseases. 5. Watering 115 GRASS SEEDING SECTION 02930 PART 1: GENERAL 1.01 SCOPE A.The work consists of performing all grass seeding, mulching, watering, fertilizing and maintenance of the grass seeded areas and related items of work and described in this section. 1.02 WORK INCLUDED A. With out restricting the volume of generality of the above "Scope", the work to be performed under this section shall include, but is not limited to, the grass seeding of all Bahia lawn areas. Where there is not a healthy strand of Bahia grass due to disturbance by contractor or other construction activity. 1.03 Bidding: Each bidder submitting a proposal for this Contract shall be responsible to inspect the site to acquaint himself with the nature of conditions which will be encountered during Cconstruction. Bidder shall make himself aware of all existing and/or proposed utilities in area of work. Amount of seeding necessary is an estimate. Contractor shall only charge town for actual n amount of seeding done. 1.04 Supervision: The Contractor shall provide a competent superintendent and any necessary assistants on the Project when Work is in progress. The superintendent shall not be changed during the Project without the consent of the Owner's representative unless the superintendent ceases his status as an employee of the Contractor. The superintendent shall represent the Contractor in the Contractor's absence, and all directions given to him by the Owner's representative shall be binding as if they were given to the Contractor. The Contractor's superintendent shall supervise the Contractor's employees on the job site and r, be responsible for their actions and conduct on the job site. 1.05 Protection of Work and Property: The Contractor shall continuously maintain adequate protection of all his Work from damage and shall protect the Owner's property from injury or loss arising in connection with his Work. The Contractor shall take care to avoid damage to any existing buildings, equipment, piping, pipe coverings, electrical systems, sewers, 116 sidewalks, landscaping, grounds, aboveground or underground installations of structures of any kind, and shall be responsible for any damage that occurs as result of his Work. Contractor shall adequately protect his Work and all adjacent property as provided and required by law. 1.06 Cleaning Premises: The Contractor shall keep neat and orderly all of the area where this system is being installed. Disposal of rubbish and waste material resulting from the installation shall be continual. The Contractor shall remove from the property, at his own expense, all temporary structures, rubbish, and waste materials resulting from the work performed. 1.07 Submittals: Certification of species and variety by supplier. PART 2: PRODUCTS 2.01 MATERIALS A. Seed: Permanent type grass seed shall be 100 percent Argentine Bahia seed. Quick - growing type grass seed shall be similar to rye, Italian rye, millet or other cereal grass which will provide an early ground cover and will not later compete with permanent grass. The separate types of seed used shall be thoroughly dry -mixed immediately before sowing. Seed which has become wet shall not be used. The Argentine Bahia seed shall be scarified seed, having a minimum active germination of 40 percent and a total germination of 85 percent. All seed shall meet the requirements of State Department of Agriculture and Consumer Services and all applicable State laws. B. Mulch: Shall be dry mulch, and may be straw or hay, consisting of oat, rye or wheat straw, or of pangola, peanut, coastal bernuda or bahia grass hay. Only undeteriorated mulch which can readily be cut into the soil shall be used. L C. Commercial Fertilizer F 117 1. The numerical designations for fertilizer indicated the minimum percentages (respectively) of (1) total nitrogen, (2) available phosphoric acid, and (3) water- soluble potash, contained in the fertilizer. 2. The chemical designation of the fertilizer shall be 12-8-8. At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur. The amount of sulfur shall be indicated on the quantitative analysis card attached to each fully labeled, unopened bag or container. 3. The fertilizer shall be uniform in composition, dry and in a free flowing condition for application by suitable equipment. D. Water. The water used in the grassing operations may be obtained from any acceptable supply. 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. Water shall be provided and applied by the Contractor. E. Herbicides: Shall be "Roundup" herbicide spray as manufactured by Monsanto Chemical Company or equivalent as accepted in writing. EQUIPMENT A. Fertilizer Spreader. The device for spreading fertilizer shall be capable of uniformly distributing the material at the specified rate. B. Seed Spreader. The seed spreader shall be an acceptable mechanical hand spreader or other accepted type of spreader. C. Equipment for cutting mulch into soil: The mulching equipment shall be of a type capable of cutting the specified materials uniformly into the soil and to the required depth. D. Rollers: A cultipacker, traffic roller, or other suitable equipment will be required for rolling the grass seeding areas. 118 PART 3: EXECUTION 3.01 GENERAL A. Fertilizing, grass seeding and mulching operations will not be permitted when wind velocities exceed 15 miles per hour. Grass seed shall be sown only when the soil is moist and in proper condition to induce growth. No grass seeding shall be done when the ground is unduly wet or otherwise not in a tillable condition. B. Whenever suitable areas have been prepared and graded, they shall be made ready and grass sown in accordance with these specifications. Grass seeding shall be incorporated into the project at the earliest practical time during the period of Contract. C. All soil manipulation shall be done at right angles to the direction of the slope. D. The Contractor shall be responsible for re-establishing a seeded lawn area in all existing lawn areas that have been disturbed during the construction process, unless otherwise specified. 3.02 Sequence of Operation: The several operations involved in the work shall proceed in the following sequence: A. Herbicide treatment B. Preparation of area to be seeded C. Fine grading D. Application of fertilizer E. Grass seeding F.. Spreading of mulch G. Cutting in of mulch H. Rolling I. Clean up J. Watering Some areas will have an established but weak stand of Bahia Grass and will only need to be overseeded, adjust application accordingly. 119 3.03 Herbicide Treatment: Prior to the removal of any existing vegetation in areas specified to be seeded, the Contractor shall apply a systemic herbicide to all vegetation that is to be removed. The Contractor shall apply all herbicide as recommended by the manufacturer. After application of the herbicide, the Contractor shall wait a minimum of seven days (or longer if required to produce a complete kill of the vegetation to be removed) prior to beginning the removal of the vegetation. Existing vegetation shall not be turned over into the soil. 3.04 Preparation of area to be seeded: Vegetation treated with herbicide should be removed from the area to be seeded. Care should be taken not to disturb any existing utility lines, sprinkler heads, mains or laterals. The soil of the area to be seeded shall be loose and smooth. It shall be free of large clods, roots, and other materials larger than 1" in diameter which will interfere with the work or subsequent mowing and maintenance operations, 3.05 Fine Grading: Areas to receive seed shall be fine graded to an acceptable smooth and finished grade. Finished grade shall not vary more than 1/2" from a 10' straight edge. Areas to receive seed shall be fine graded by raking to eliminate wind rows, ridges, depressions and other irregularities. All areas shall be graded to drain to the established drainage structure. 3.06 Application of fertilizer. The fertilizer shall be spread uniformly in one or more applications as specified below: A. An initial application of 400-500 pounds per acre made prior to the seed installation. B. A second application of 400-500 pounds per acre shall be applied 90 calendar days after the initial application. The area shall be thoroughly watered upon completion of the second application of fertilizer. The Contractor shall, a minimum of 48 hours before application, notify the Architect of the day and time of fertilizer application. 3.07 Seeding A. While the soil is still loose and moist, the grass seed shall be scattered uniformly over the prepared area. The rate of spread for the permanent type grass seed mixture shall be 200 pounds per acre. M11 B. Between October 1 and February 1, a temporary seed, winter rye, shall be added to the permanent grass seeds in the slurry mix and applied together. Between February 1 and October 1, a temporary seed, millet, shall be added as a substitute for the winter rye. The rate of spread shall be a minimum of 200 pounds of seed per acre for rye grass and 50 pounds per acre for millet. The Contractor shall use the same type of quick cover grass seed on the entire project. C. The Contractor shall not apply seed to any areas designated to be planting beds, or on adjacent property. The removal of any grass appearing in planting beds will be the responsibility of the Contractor. D. The Contractor shall, a minimum of 48 hours before application, notify the Architect of the day and time of the seeding operation. 3.08 Mulching: Two inches, loose thickness, of the mulch material shall be applied uniformly over the grass seeded area, and the mulch material cut into the soil with the equipment specified, so as to produce a loose mulched thickness of three to four inches. Care shall be exercised that the materials are not cut too deeply into the soil. 3.09 Rolling: Immediately after completion of the grass seeding, the entire grass seeded and mulched area shall be rolled thoroughly with the equipment specified. At least two trips over the entire area will be required. Care shall be taken not to damage sprinkler heads, trees, and other equipment and materials. 3.10 Operations on Slopes: On slopes, where the use of a machine for the cutting -in process Cdescribed above is not practicable, the construction operations shall be modified as follows: A. The fertilizer shall be applied uniformly, at the rate specified, and shall be raked in and thoroughly mixed with the soil to a depth of approximately two inches. B. The grass seeding operations shall follow the fertilizing. Grass seed shall be raked into the soil to a depth that allows germination of the seeds. C. The mulch material, in lieu of being cut into the soil, shall be anchored down by a Cmethod approved by the Architect and the Owner. 121 3.11 Clean-up: Upon completion of the work, all debris, fertilizer bags, pallets, etc. shall be removed from the site. All paved areas shall be thoroughly cleaned and swept. 3.12 Watering: The grass seeded areas shall be watered by the Contractor so as to provide optimum growth conditions for the establishment and maintenance of the grass seed. In areas where an irrigation system is not to be supplied, the Contractor shall be responsible for the watering of those areas with a water truck or other acceptable equipment. 3.13 Guarantees: All grass seed that fails to germinate and produce a full coverage of the soil surface with both Argentine Bahia and nurse grass shall be replaced up until the final acceptance of the job and the end of the maintenance period. Replacement of defective or distressed grass materials shall be performed without additional cost to the Owner. 3.14 Maintenance: A. The Contractor shall maintain the seeded areas for a period beginning at the time of installation, and ending at the final acceptance of the job by the Owner and the Architect. Maintenance shall include but not be limited to: 1. Mowing all lawn areas. Grass shall not be more than 6" high at any time. 2. Control of all insects and grass diseases. 3. Watering of all seeded areas as necessary to establish and maintain lawn areas. 4. Filling, leveling, repairing, and seeding of any washed or eroded areas as may be necessary. 5. Reseeding of any areas around irrigation heads where seed may have washed out or become thin. B. The Architect, at any time, may require replanting of any areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Unsatisfactory areas shall be reseeded by the Contractor without additional expense to the Owner. C. If a planted areas must be replanted due to the Contractor's negligence, carelessness, or failure to provide routine maintenance of such area, such replacement shall be at the Contractor's expense. t22 D. Any areas that require regrading and/or reseeding due to erosion shall be regraded and reseeded at the Contractor's expense. 123