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HomeMy WebLinkAboutExhibit 100600 CONTRACT By and Between CITY OF MIAMI And SFM SERVICES, INC. This AGREEMENT (hereinafter "Agreement") , is made and entered into this day of 2012, but effective beginning ten (10) days after Notice to Proceed is issued by the Department's Director, in accordance with the Contract Term set forth below in Article 7 (the "Effective Date"), by and between the City of Miami, Florida, a municipal corporation of the State of Florida, whose principal address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (the "City"), and SFM Services, Inc., whose principal address is 9700 NW 79th Street, Hialeah Gardens, FL, 33016 (the "Contractor"). WITNESSETH: WHEREAS, pursuant to Resolution No. , adopted by the Miami City Commission on 2012, the City Commission accepted the competitive bid of 'SFM Services, Inc. to provide US-1 Landscape Maintenance Services to the City (the "Work"), and authorized the City Manager to enter into an agreement for the Work with the Contractor for a period of one (1) year. The City Commission further authorized the City Manager or his Designee to execute said options to renew subject to the availability of funding and Contractor's performance. NOW, THEREFORE, in consideration of the foregoing recitals (all of which are adopted as an integral part of this Agreement), and the promises and covenants contained herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the parties hereto mutually agree as follows: ARTICLE 1. SCOPE OF WORK: The Contractor shall furnish all labor, materials and equipment and perform all the work in the manner and form provided by this Agreement and the Contract Documents, attached hereto and made part hereof, for complete landscaping work for the Contract Term set forth in Article 7 below and for the project entitled: US-1 LANDSCAPE MAINTENANCE CONTRACT, M-0087 ARTICLE 2. THE CONTRACT SUM: The City shall pay to the Contractor, for the faithful performance of the Contract, in lawful money of the United States, and subject to additions and deductions and based on unit prices (where applicable), all as provided in the Proposal attached hereto and other Contract Documents attached hereto as Exhibit "C", the annual sum of Ninety Three Thousand Two Hundred Twenty Dollars ($93,220.00) The City Manager, at his/her discretion, may exercise the four (4) additional one (1) year options to renew and the funding shall be as follows: The first option to renew in the annual amount of Ninety Three Thousand Two Hundred Twenty Dollars ($93,220.00) during Fiscal Year 2014. The second option to renew in 'the annual amount of Ninety Three Thousand Two Hundred Twenty Dollars ($93,220.00) during Fiscal Year 2015. The third option to renew in the annual amount of Ninety Three Thousand Two Hundred Twenty Dollars ($93,220.00) during Fiscal Year 2016. The fourth and final option to renew in the annual amount of Ninety Three Thousand Two Hundred Twenty Dollars ($93,220.00) during Fiscal Year 2017. ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth in the "General Conditions" of the "Specifications" in the Proposal attached hereto, and subject to additions and deductions as provided, the City shall pay the Contractor as follows: (a) On or before the 10th day of each calendar month, the City shall make partial payments to the Contractor on the basis of the estimate of work performed by the Contractor during the preceding calendar month, duly certified and approved by the City's Project Manager, Tess 10% Retainage for new parts only. (b) Upon submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications or by the Contractor have been furnished and are found acceptable by the City, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the City. ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the work to be performed under this Agreement and the Contract Documents within the number of consecutive days after the date of written notice from the Director of the Department of Public Works to begin work as noted in the Proposal, and shall fully complete the Contract Scope of Work in accordance with this Agreement and the Contract Documents within the number of calendar days as set forth in the Proposal. It is mutually agreed between the parties hereto, that time is of the essence of this Agreement, and, in the event that construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain for each day thereafter, Sundays and holidays included, that the work remains uncompleted, the sum set forth in the General Conditions of the Specifications, as modified by Division 2 - Special Provisions, which sum represents the actual damage(s) which the City of Miami, Florida, will have sustained per day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, but will be the liquidated damage(s) that City will have sustained in event of such default by the Contractor. ARTICLE 5. ADDITIONAL BOND: It is further mutually agreed between the parties hereto, that if, „at,', -any time after the execution of this Agreement: and the Performance Bond hereto attached and incorporated herein as Attachment "A",,,when required for its faithful performance, the City shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, in the opinion of the Engineer; such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within five (5) days after receipt of notice from the Engineer so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. ARTICLE 6. CONTRACT DOCUMENTS: All of the documents hereinafter 'listed form the Contract and they are as fully as part of the Contract as if attached to this Agreement, or repeated in this Agreement: ADVERTISEMENT FOR BIDS PROPOSAL BID BOND CONTRACT PAYMENT AND PERFORMANCE BOND MAINTENANCE PERFORMANCE BOND INSTRUCTIONS TO BIDDERS SPECIFICATIONS ADDENDA PLANS: N/A As prepared by Entitled: M. Rodriquez M-0087 ARTICLE 7. THE CONTRACT TERM: The original Contract Term is effective ten days after Notice to Proceed is issued by the Department's Director. ARTICLE 8. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for project activities and is subject to amendment or termination due to lack of funds, reduction of funds, and/or change in regulations, upon thirty (30) days written notice. ARTICLE 9. NOTICES: Whenever either party desires togive notice to the other, such notice must be in writing, sent by certified United. States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Nzeribe (Zerry) Ihekwaba, Ph.D., P.E. City of Miami Director of Public Works 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 With copies to: Monica Rodriguez, Contract Manager City of Miami Department of Public Works 444 SW 2"d Avenue, 8th Floor Miami, Florida 33130 For Contractor: SFM Services, Inc. 9700 NW 79th Avenue Hialeah Gardens, FL 33016 ARTICLE 10. MATERIALITY AND WAIVER OF BREACH: (a) City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. (b) City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. ARTICLE 11. SEVERANCE: In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. ARTICLE 12. APPLICABLE LAW AND VENUE: This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury or to file permissive counterclaims in any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. Each party shall bear their own attorney's fees. ARTICLE 13. AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City Manager and Contractor. ARTICLE 14. PRIOR AGREEMENTS: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings- applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Article 13 above. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract*. WITNESS: (If Corporation, CONTRACTOR: attach Seal and Attest by Secretary) SFM Services, Inc. Party of the second part BY: BY: Print Name : Print Name: Print Title: Corporate Secretary (Employer Tax I.D. Number) (SEAL) THE CITY OF MIAMI, FLORIDA, a municipal corporation, Party of the first part ATTEST: BY: Dwight Danie City Clerk RESOLUTION NO. Johnny Martinez, PE City Manager APPROVED AS TO INSURANCE APPROVED AS TO REQUIREMENTS: ENGINEERING: *BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED _ TO EACH COUN LERPART AS ATTACHMENT "B" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE CON TRACT TO DO SO ON ITS BEHALF. Nzeribe (Zerry) Ihekwaba, Ph.D., P.E. Calvin Ellis, Director Director, Public Works Risk Management APPROVED AS TO FORM AND CORRECTNESS Julie O. Bru City Attorney 00800. GENERAL CONDITIONS: 1. Contract Documents: 1.1. The Contract Documents includes any Scope of Work and technical specifications attached hereto. 1.2. The Contract Documents, along with all documents that make up and constitute the Contract, shall be followed in strict accordance as to Work, performance, material except when the City may authorize, in writing, an exception. 1.3. Contractor shall not proceed with any Work when in doubt as to the Work, and shall seek clarification from Project Manager/Engineer. 2. Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Scope of Work to be performed in accordance with the Contract Documents and in accordance with all codes and regulations goveming the Work. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words, which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. Please refer to the Public Works Department - STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PUBLIC WORKS PROJECTS. .3. Terms of the Contract The successful bidder shall be required to enter into a contract with the City of Miami, which shall include but not limited to, the following terms: The initial term of the Contract shall be one (1) year, which shall commence ten (10) days after a Notice to Proceed is issued by the City of Miami. The City, at its option, may opt to renew (OTR) the Contract for four additional one year term periods depending availability of funding and contractor's performance. Extension of the term of the Contract beyond the initial period is an option to the City to be exercised in its sole discretion, and which does not confer any rights upon the Bidder, and shall be based on availability of funding and contractor's performance. The City shall have the right to terminate the Contract, for any reason whatsoever and at any time, upon thirty (30) days prior notice to the bidder. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City with continual service while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. 4. Preliminary Matters: 4.1 Within ten (10) days after the award of the Contract the City shall hold a kick-off meeting with the Contractor. The City may require that the Sub -Contractors also attend this meeting. • 5. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, Contractor shall, furnish a Performance Bond and a Payment Bond containing all the provisions in the forms attached hereto. Bid No. 11-12-052 Page 60 5.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project: Each Bond shall be with a Surety, which is qualified pursuant to Article 5, below. 5.2. If applicable, each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami -Dade County and provide City with evidence of such recording. 5.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Forrn 00735. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 6. Qualification of Surety: 6.1_ Bid Bonds, • Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 6.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State . of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 6.1.2. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. -If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 6.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters'for bonds: Bid No. 11-12-052 Page 61 Policy - Amount of Bond Financial Holders Ratings Category 500,001 to 1,000,000 B+ Class 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000' A Class .., IV 10,000,001 to 25,000,000 A Class .... V 25,000,001 to 50,000,000 A Class ... VI 50,000,001 or more A Class .. VII 6.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a Surety which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the Surety is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. A Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent 'requirements, the provisions of this section shall apply. 7. Indemnification: 7.1 Contractor shall indemnify, defend, save and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all Toss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "liabilities") arising out of, resulting from or in connection with (i) the performance or non-performance of the services, supplies, materials and equipment contemplated by this Agreement which is directly or indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of Contractor or its employees, agents or subcontractors (collectively referred to as "Contractor"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default, breach, or negligence (whether active or passive) of the Indemnitees, or any of them, or (ii) the failures of the Contractor to comply with any of the provisions herein; or (iii) the failure of the Contractor, or the Indemnitees, if applicable, to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal, state, county, or city in connection with the granting or performance of this Agreement, or any Amendment to this Agreement, or any actions or challenges that may arise out of this Amendment of the Agreement by, as due to alleged failure to comply with any applicable procurement requirements or similar limitations imposed on such agreements by law, Contractor expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by. an employee or former employee of Contractor, or any of its subcontractors, as provided above, for which the Contractor's liability to such employee or former employee would otherwise be limited to payments under state Worker's Compensation or similar laws. This section shall be interpreted in a manner to comply with any applicable Florida Statutes, including ,without limitation, 725.06 and 725.08, F.S., if applicable. This Indemnification shall survive the cancellation or expiration of the Agreement. Bid No. 11-12-052 Page 62 7.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 7.1 above which may 'be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. 8. Insurance Requirements: 8.1. Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City. (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 8.1.1. Workers' Compensation insurance to apply for all employees in compliance with the 'Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: 8.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by an accident, each accident. One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by disease, each employee. One Million Dollars ($1,000,000.00 Dollars each bodily injury caused by disease, policy limit. 8.1.1.2 Waiver of subrogation 8.1.2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. General Aggregate Limit of Two Million Dollars ($2,000,000,00). Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X ] 8.1.2.1. Premises and/or Operations. [ X ] 8.1.2.2. Independent Contractors. j ] 8.1.2.3. Products and/or Completed Operations for contracts with an Aggregate Limit of Two Million Dollars ($2,000,000.00) per project. Contractor shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. I ] 8.1.2.4. Explosion, Collapse and Underground Coverages. [ ] 8.1.2.5. Broad Form Property Damage. [ ] 8.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ X] 8.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X ] 8.1.2.8. City is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for City by or on behalf of Contractor or acts or omissions of Contractor in connection with general supervision of such operation. [ ] 8.1.2.9. Employee included as insured. [ X ] 8.1:2.10. Contractual Liability. Bid No. 11-12-052 Page 63 [ X ] 8.1.2.11.Waiver of Subrogation. [ X ] 8.1.2.12.Personal and Advertising Injury. (X ] 8.1.2.13. Loading and Unloading. [ X ] 8.1.2.14.Mobile Equipment (Contractor's Equipment) whether owned, leased, borrowed or rented by Contractor or employees of the Contractor. 8.1.3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 8.1.3.1: 8.1.3.2. 8.1.3.3. 8.1.3.4.0. 8.1.3.5. Owned Vehicles. Hired and Non -Owned Vehicles. Employers' Non -Ownership. Employees included as insured City of Miami as Additional Insured [X ] 8.1.4. Umbrella Policy 8.1.4.1_ Bodily injury and property damage liability with limits of Two Million Dollars ($2,000,000) each occurrence and an aggregate limit of Two Million Dollars ($2,000,000). 8.1.4.2. Products/Completed operations aggregate limit of Two Million Dollars ($2,000,000). Excess coverage over the policies as follows: AIE Commercial General Liability Business Automobile Liability [ ] 8.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering City as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 8.1.5.1. Cessation of Insurance --Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by City. 8.1.5.2. Flood Insurance --When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under'the National Flood Program. [ X ] 8.1.5. Owners Contractors Protective — City of Miami — Limits of Liability for Bodily Injury & Property Damage Liability shall be in the amounts of $1,000,000.00 for each occurrence and $1,000,000.00 in the aggregate I X ] 8.1.6 Employer's' Liability — Limits of Liability $500,000 for bodily injury caused by accident, each accident Bid No. 11-12-052 Page 64 $500,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit 8.1.7 Marine General Liability, including coverage for protection and liability in the amount of $1,000,000 8.1.8 Pollution Liability in the amount of $1,000,000 8.1.9 Jones Act coverage for captain and crew 8.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 8.3. Notice of Cancellation and/or Restriction --The policy(ies) must be endorsed to provide City with at least thirty (30) days notice of cancellation and/or restriction. 8.4. Contractor shall furnish to the Public Works Department Certificates of Insurance or endorsements' evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. 8.5. The official title of the Owner is the City of Miami, Florida. This official title shall be used in all insurance documentation. 9. Labor and Materials: 9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, diesel, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.2. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 10. General Requirements 10.1. The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. 10.2. The Contractor agrees that the Contractor will at all times employ, maintain and assign to the performance of the Project a sufficient number of competent and qualified personnel to meet the requirements of the Work to be performed. The Contractor shall have employed at the time of bidding sufficient numbers of competent and qualified employees to meet the requirements of the Work to be performed, and upon request by the City, the Contractor shall provide a list of these employees. 10.3. The Contractor agrees to adjust staffing levels or to replace any staff personnel if so ordered by the City, should the City make a determination, in its sole discretion, that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. 10.4. The Contractor represents that its staff personnel have the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perfomi the Work, in a competent and professional manner. 10.5. The Contractor shall at all times cooperate with the City and coordinate its respective Work efforts to most.effectively and efficiently progress the performance of the Work. Bid No. 11-12-052 Page 65 10.7. The Contractor shall be responsible for the good condition of the Work or materials until formal release from his obligations under the terms of this Contract. 10.8. Contractor shall bear all losses resulting to him on account of the amount or character of the Work, or the character of the ground, being different from what he anticipated. • 10.9 The Contractor shall at all times conduct the Work in such manner and in such sequence as will insure the least practicable local interference. 11. Worker's Identification: The Contractor's employees, who include any subcontractor, shall wear an identification card provided by the Contractor. The identification card shall bear the employee's picture, name, title and name of the employer. Failure by a Contractor's employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and wom. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 12. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or ,in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said Work. 13. Weather: No extensions to the Contract Period may be granted for weather related delays unless by a hurricane, City declared emergency or other occurrences that result in the City issuing a Stop Work Order, or schedule disruptions due to special events as approved by the Engineer. 14. Permits, Licenses and Impact Fees: 14.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 14.2. Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued .by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 15. Resolution of Disputes: 15.1 To prevent all disputes and litigation, it is agreed by the parties hereto that the Public Works Director shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or fumished under or, by reason of, the Contract Documents and Contract Administrator's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Article 15.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to the City in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, the Public Works Director shall notify the Contractor in writing of his/her decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless the Public Works Director requires additional time to Bid No. 11-12-052 Page 66 gather information or allow the parties to provide additional information. All non -technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 15.2. In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Value adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 16. Inspection of Work: 16.1. The City shall at all times have access to the Work, and 'Contractor shall provide proper facilities for such access and for inspection. 16.1.1. Reexamination of any of the Work may be ordered by the City with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 16.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of the Contract Documents, nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of the City. 16.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 17. Authority Of The City Project Manager 17.1. The Contract Administrator 'hereby authorizes the Project Manager to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed. 17.2. The Contractor -shall be bound by all determinations or orders of the Project Manager and shall promptly respond to requests of the Project Manager, including the withdrawal or modification .of any previous order, regardless of whether the Contractor agrees with the Project Manager's determination or requests. Where requests are made orally, the Project Manager will follow up in writing, as soon thereafter as is practicable. 17.3. The Project Manager shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing. All instructions to the Contractor shall be issued through the Contract Administrator or the Project Manager. Bid No. 11-12-052 Page 67 17.4. 'The Project Manager shall have access to the Work Site(s) at all times. The Contractor shall provide safe facilities for such access so the Project Manager may perform their functions under the Contract. The Project Manager will make periodic visits to the Work Site to become 'generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. 17.5. The Project Manager will not be responsible for Work means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract. 17.6. The Project Manager will have authority to reject Work that does not conform to the Contract requirements, whenever, in his or her opinion, it is considered necessary or advisable to insure the proper implementation of the Contract. Neither The Project Managers authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager to the Contractor, any subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. 17:7. All interpretations and recommendations of the Project Manager shall be consistent with the intent of the Contract. 17.8. The Project Manager will not be responsible for the acts or omissions of the Contractor, any Sub -Contractor, or any of their agents or employees, or any other persons performing any of the Work. 18. Superintendence and Supervision: 18.1. Contractor shall keep on the Work during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to the City. The superintendent shall not be changed except with the written consent of the City, unless the superintendent proves to be unsatisfactory to Contractorand ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if, given to Contractor and will be confirmed in writing by the City upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. The City shall be provided telephone number(s) for the superintendent where the superintendent can be contacted during normal working hours as well as after hours for emergencies. 18.2. If in the course of prosecuting the Work, the Contractor finds any issues or conditions affecting the performance of the Work, it is their duty to immediately inform the Project Manager, in writing, and the Project Manager will promptly review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole risk. 18.3. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 18.4 Contractor shall provide 24-hour a day, 7 day a week emergency contact numbers for the superintendent and the superintendent's supervisor. 19. Methods of Performing The Work 19.1. If, the Project Manager reasonably determines that the Work is not such as to insure its completion within the approved schedule, or if, in the opinion of the Project Manager, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the • progress schedule accepted by or determined by the Project Manager, the Project Manager shall have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its Bid No. 11-12-052 Page 68 J performance in accordance with the schedule to insure completion of the Work within the specified schedule. The Contractor shall immediately comply with such orders at no additional cost to the City. The City at its sole option may also have Work performed by a third party contractor and deduct such cost from any monies due the Contractor. 19.2. Where materials or equipment are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any, damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the Project Manager.. 20. City's Right to Terminate Contract: 20.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the commencement date as indicated in the Notice to Proceed, or fails to perform the Work with "sufficient workers and equipment or -with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. If Contractor, within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, the City will terminate the services of Contractor, exclude Contractor from the Work Site(s) and take the prosecution of the Work out of the hands of Contractor, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, Contractor shall not be entitled to receive any further payment until the Work is completed. In addition City may enter into an agreement for the completion of the Work according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Work in an acceptable manner. All damages, costs and charges incurred by City, together with the costs of completing the Work, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred -by City shall exceed the unpaid balance, then Contractor shall be liable and .shall pay to City the amount of said excess. in such event, the contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that ,if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for convenience of the City of Miami. 20.2. If after notice of termination of C,ontractor's right to proceed, it is determined for any reason -that Contractor was not in default, the rights -and obligations of City and Contractor shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Article 20.3 below. 20.3. This Contract may be terminated for convenience in writing by the City Manager or the City Commission upon ten (10) days written notice to Contractor (delivered by certified mail, return receipt requested, hand delivery or courier) of intent to terminate and the date on which such termination becomes effective. In such case, Contractor shall be paid for all work executed and expenses incurred prior to termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services, which have not been performed. 20,4. Upon receipt of Notice of Termination pursuant to the above, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and Bid No. 11-12-052 Page 69 deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 21. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the City Commission. 22. Contractor's Use Of Work Site(s) 22.1. Limitations may be placed on the Contractor's use of the Work Site and such limitations will be identified by the City. 22.2. The Contractor shall limit its use of the Work Site(s), so as minimize impact and disruption to the surrounding areas and residents 21.2.1 The Contractor shall: a. Confine operations at the Work Site to the areas permitted by the Project Manager; not disturb portions of the Work Site beyond the specified areas; conform to Work Site rules and b. Assume all responsibility for its tools, equipment and materials, including any materials purchased for the Work, and its vehicles while performing Work for the City and/or while parked at a City facility. The City assumes no liability for damage to the items specified in this paragraph. c. Access to and egress from the Work Site(s) shall be subject to the approval of the Contract Administrator or the Project Manager. 23. Interfering Structures and Property Take necessary precautions to prevent damage to existing structures and property when accessing the Work Site(s). The Contractor is solely responsible for any damage to personal, City or other public property. 24. Site Investigation and Representation 24.1 The Contractor acknowledges that it has satisfied itself as to the nature and location of the Work, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, the conformation and conditions at the ground, the type of equipment and facilities needed preliminary to and during the prosecution of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. 24.2 The Contractor further acknowledges that he has satisfied himself as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from -exploratory work that may have been done by the City or included in the Contract Documents. Any failure by the Contractor to acquaint himself with all the available information will not relieve him from responsibility for. properly estimating the difficulty or cost thereof under the Contract Documents. 25. Contractor's Responsibility for Damages and Accidents: Contractor shall be responsible for all materials, equipment and supplies pertaining to the Work. The City assumes no responsibility or liability in the event any such materials, equipment and supplies are lost, stolen, damaged .or .destroyed. Bid No. 11-12-052 Page 70 26. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to persons who may be injured during the Project duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the Contractor must report immediately to the Project Manager every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 27. Safety Precautions 27.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide thenecessary protection to prevent damage, injury or loss to: 27.1.1.AII employees on the Work Site(s) and other persons who may be affected thereby; 27.1.2 Other property at the Work Site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 27.2. Contractor shall designate a responsible member of its organization at the Work Site(s) whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to City. 27.3. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in the Contract Documents, caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed the City has issued a notice to City and Contractor a notice of Final Acceptance. 27.4 Contractor must adhere to the applicable environmental protection guidelines for the duration of the Contract. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. 27.5. The Contractor shall take the responsibility to ensure that all Work is performed .using adequate safeguards. 27.6 If an emergency condition should develop during the Work, the Contractor must immediately notify the Project Manager of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager. Bid No. 11-12-052 Page 71 28. Warranty of Materials: Contractor warrants to City that all materials furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager, Contractor shall fumish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 29. Manufacturer's Instructions 29.1. The Contractor shall: 29.1.1. Comply with manufacturer's requirements for the handling, delivery and use of all materials. Where required by the Contract Documents, Contractor shall submit manufacturer's printed instructions and MSDS documents to the City. 29.1.2. Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract. 29.1.3. Inspect materials prior to use and reject materials not meeting the requirements of the Contract Documents. 30. Manufacturer's Warranty Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be made available to the City for material and equipment covered by this Contract. All material and equipment furnished shall be fully guaranteed by the successful Bidder against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Supplemental Conditions of the Contract Documents may supersede the manufacturer's standard warranty. Manufacturer's warranties will become effective upon final completion of the Project. 31. Defective Work: 31.1. The Project Manager shall have the authority to reject or disapprove work which the Project Manager finds tobe not in compliance with the Contract Documents. If required by Project Manager, Contractor shall promptly either remove or correct all defective Work. Contractor shall bear all direct, indirect and consequential costs of such corrections including cost of materials, equipment, and personnel. 31.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the Project Manager, the City shall have the authority to cause the defective Work to be corrected, or make such repairs as may be necessary .at Contractor's expense. Any expense incurred by City in making such corrections or repairs,shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 32. Taxes: Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. Bid No. 11-12-052 Page 72 33. Subcontracts 33.1. Contractor shall not employ any subcontractor against whom City may have a reasonable objection. Contractor shall not- be required to employ any subcontractor against whom Contractor has a reasonable objection. 33.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City. or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. The City may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific Work performed. 33.3. Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. 33.4 Contractor shall complete Attachment B identifying all Sub -Contractors. 33.5. Multi -tier subcontracting is not permitted. Contractor shall not authorize subcontractors to further subcontract any portions of the Work. 33.6 The work performed by all subcontractors shall be no more than 10% of the total work for this Contract. 34. Separate Contracts: 34.1. City reserves.the right to let other contracts in connection with this Work. Contractor shall afford other persons reasonable -.opportunity for the execution of their work and shall properly connect and coordinate this Work with theirs. 34.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on the public or businesses. Should such interference or impact occur, Contractor shall be liable for the cost of such interference or impact. 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Value or Contract Term. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36. Changes in the Work or Terms of Contract Documents: 36.1. Without invalidating the Contract, City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the Work in a satisfactory manner. Any extra or additional work within the scope of this Contract must be accomplished by means of appropriate Field Orders or Change Orders. 36.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 37. Supplemental lnstructions: 7 The Project Manager shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Value or the Contract Term. Bid No. 11-12-052 Page 73 38. Field Directives • The Project Manager may at times issue field directives to the Contractor based on visits to the Project Site. Such Field Directives shall be issued in writing and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the Scope of the Work, the Contractor shall, within 48 hours, notify the Project Manager that the Work is outside the Scope of the Work. At that time the Field Directive may be rescinded or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the Project Manager and the Contract Administrator that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract. The contractor will take direction only from the City Manager, Director of Public Works, Assistant Director of Public Works, Chief Civil Engineer, or Project Manager. The contractor will not take direction from elected officials or other City personnel. 39. Change Orders: 39.1 Changes in the quantity or character of the Work within the scope of the Work which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the line item prices, Contract value, or the Contract Term, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 39.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 39.3. In the event satisfactory adjustmentcannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute as set forth in Article 15 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Project Manager and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the line item pricing, Contract Value or Contract Term. 39.4. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 40. Value of Change Order Work: 40.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Value shall be determined in one of the following ways: 40.1.1. By mutual acceptance of an increase or decrease in line item price(s) which Contractor and City acknowledge contains a component for overhead and profit. 40.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. . 40.1.3. The addition of new line item prices. Bid No. 11-12-052 Page 74 41. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by.reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Value or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City. 42. Force Majeure. • 42.1 Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is interpreted under Florida law, the City may allow an extension(of time reasonably commensurate with the cause of such failure to perform or cure. 42.2 If the Contractor is delayed in performing any obligation under this Contract due to a force majeure condition, the Contractor shall request a revision of the schedule to the City within two (2) working days of said force majeure occurrence. Any revision of the schedule shall be subject to mutual agreement and shall not be cause for any claim by the Contractor -for extra compensation unless additional work is required. Does Not Include inclement weather except as permitted by Florida law or the acts or omissions of Sub -Contractors, etc. 43. No Interest Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Material Safety Data Sheets and Product Data 44.1 Contractor shall submit four copies of the Material Safety Data Sheets (MSDS) and other of product data for all materials to be used in the performance of the Work. Each copy must be marked to identify applicable products, and other data. Contractor shall supplement manufacturer's standard data to provide information unique to the Work. 44.2 Contractor shall submit only pertinent MSDS and product data information. Submittals shall be marked to identify pertinent products, with references to the specifications and the Contract Documents. 44.3 The City may reject materials to be used in the performance of the Work where the MSDS and product data submitted result in the City determining that the materials do not meet the requirements of the Contract 45. Stop Work Order 45.1. The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either: 43.1.1. •Cancel the Stop Work Order; or 43.1.2. Terminate the Work covered by such order as provided in Article 20.3. Bid No. 11-12-052 Page 75 45.2. If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation 46. Cleaning Up; City's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, Contractor shall remove all its waste materials and rubbish from and about the Work Site(s) as well as its tools, equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises- between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as the City shall determine to be just. 47. Nondiscrimination. Equal Employment Opportunity. and Americans with Disabilities Act: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shaft affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 48. Contingency Allowance The City has established a Contingency Allowance for this Project, which shall be reflected in the total contract sum. This allowance account is for use at the sole discretion of the City and shall only be distributed through the issuance of a change order approved by the City. Contractor has no entitlement to these funds as a result of the award of the Contract by the City. 49. Payment and Performance Bond A 100% payment and performance bond is required for this project. Refer to Section 008000, Article 4. 50. Davis Bacon Act This project is not subject to the Davis Bacon Act. 51. Pricing and Payment Bidders shall include in their bid all taxes, insurances, social security, workman's compensation, and any other benefits normally paid by the bidder to its employees. No overtime will be authorized by the City which exceeds the rates quoted in this solicitation or not authorized by the City. Payments will be made monthly, in arrears, for services rendered the previous month, upon submission of property certified invoices and/or approved inspection reports. All such information shall be provided to the City Engineer for his/her approval in advance of payment. The contractor shall pay his/her employees performing work under this contract not less than the federal minimum wage in effect at the time of the contract. 52. Materials and Equipment The bidder shall furnish, at his/her own expense, all equipment, materials or supplies, including disposal fees,• trash bags, oil, water,- etc. necessary for completion of all the services specified in this bid. The equipment shall include but not be limited to landscaping equipment, bucket trucks, wood chipper, dump trucks, crane, etc. all as necessary to complete the work. The item price Bid No. 11-12-052 Page 76 must include the disposal of all debris and litter collected by the scope of this contract and no additional compensation will be allowed. The contractor is not allowed to use the City's rights of ways for storage of any material related to this contract. 53. Method of Award This contract may be awarded to the two (2) lowest most responsive and responsible bidders for all the Bid Items included in this contract, and whose bid conforms to the specifications and is most advantageous to the City. Award shall be based upon the pricing indicated on the Bid Form, pursuant to the Specifications. The City may select two (2) bidders, with the lowest deemed the "primary vendor" and the next lowest the "secondary vendor", in the order of overall lowest prices provided to the City. Should the primary vendor not be able to provide the necessary service at the time needed or the required work is beyond the ability or expertise of the primary vendor or the primary vendor fails to perform as per Section 7 of the Public Works Construction Standards, the City has the option to select the secondary vendor whom -will be offered the work to complete in a timely manner. The City additionally reserves the option to obtain quotes from either of the awarded vendor(s) for a specificproject(s) prior to the provision of the same. Should the City determined the primary vendor's quote too high or incomplete, the City has the right to obtain a quote from the secondary vendor, in order to obtain the required service in the most expedient manner and at the lowest possible. 54. Additions/Deletions of Services Required Although this contract identifies specific terms and special conditions for work, it is hereby agreed and understood that any other services may be added/deleted to/from this contract at the option of the City or any government agency may utilize the same terms, conditions, and pricing by approval from the bidder. The.City of Miami will not be responsible for any agency outside the City of Miami. When an addition to the contract is required, the successful bidder under this contract shall be invited to submit price quotes for any new service. If the quotes are comparable with market prices offered for similar work as described in this contract, they shall be added to the contract whichever is in the best interest of the City of Miami and an addendum and a separate purchase order or change order shall be issued by the City. 55. Estimated Quantities Engineering estimated quantities or estimated dollar value are provided for bidder's guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this bid. Said engineering estimate may be used by the City for purposes of determining the low bidder meeting specifications. The City reserves the right to acquire additional quantitiesat the prices bid or at lower prices. 56. Emergency / Disaster Performance In the event of a hurricane or other emergency or disaster situation, the successful bidder(s) shall provide the City with the commodities/services defined within the scope of work for this bid at the price contained within his/her bid amount. Further, the successful bidder shall deliver/perform for the City on a priority basis during such times of emergency. 57. Contract Hierarchy All of the documents incorporated by the Contract Documents shall govern this Project. Where there is a conflict between any .provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to the Contract Documents exists, the more stringent provision shall prevail. The order of hierarchy within the Contract Documents shall be the Contract, Scope of Work, Supplemental Conditions, General Conditions, and last shall be the Instructions to Bidders. Bid No. 11-12-052 Page 77 58. Third Party Beneficiaries Neither Contractor nor the City intends to directly or substantially benefit a third party by this Contract. Therefore,. the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 59. Warranty, Fitness for Purpose The contractor warrants the materials supplied and the work performed under this contract conform to warranty materials provided and work performed for one (1) year from date of completion. In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the contractor is under contract with the City at the time of any defect. Any payment by the City on behalf of the goods or services received from the contractor does not constitute a waiver of these warranty provisions. The contractor shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the contractor of such deficiency in writing. If the contractor fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the contractor, in writing, that the bidder may be debarred as a City bidder/proposer and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the contractor fails to satisfy the warranty within the period specified in the notice, the City may (a) place the contractor in defaults of its contract, and/or (b) procure the products or services from another contractor and charge the contractor for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. Bid No. 11-12-052 Page 78 01000 SUPPLEMENTAL CONDITIONS 01001 SCOPE OF WORK The Work specified in the Contract Documents consists of furnishing all labor, machinery, tools, means of transportation and debris removal, supplies, equipment, materials, water, diesel, and all other services necessary to perform the complete landscape maintenance. The work includes, but is not limited to, the following: • US-1 Median Work includes: Mowing / Weeding / Trimming / Debris and Litter pick up, sweeping, fertilizing, herbicide, and insect spraying, edging and pruning, reinstalling root guards; removing dead . trees and fronds as well as lower branches, removal of all undesirable plants and invasive exotic plant materials, watering, mulching the medians on the frequency specified in the PROPOSAL. • Strip of land by the wall and on trellis: Mowing / Weeding / Trimming / debris and Litter pick up, sweeping, herbicide, and insect spraying. Frequency of this work as stated in the PROPOSAL. 1-95 Embankments located both sides of 1-95 approximately between S.W. 32nd Road and west of S. Miami Avenue.: Mowing / Weeding / Trimming / debris and Litter pick up, sweeping, herbicide, and insect spraying. Frequency of this work as •stated in the PROPOSAL. • Tree / Palm Stump removal — "as needed" • Sodding — "as needed" • Planting Trees / Palms (30 gal.) — "as needed". • Planting shrubs — 'as needed" 1.1. Location of Work: The project location is at the medians located along US-1 between 1-95 Expressway and SW 37th Avenue. In addition, this contract includes the maintenance of the strip of land between the wall and curb and the trellis located in -US-1 northbound lane between Viscaya and SW 19th Avenue and the 1-95 Embankments approximately between S.W. 32nd Road and west of S. Miami Avenue. 1 NOTE: Additional locations for landscaping maintenance of rights of way shall be added/deleted at the discretion of the City of Miami with written approval of the Director of Public Works as the maintenance responsibility are transferred to/from the Department. The price for any additional location not described in the Bid Proposal will not be open for discussion and there will be no additional compensation to the contractor if the scope of service equals the bid proposal item description. The bid proposal item shall be used to price any additional work at any citywide location. Bid No. 11-12-052 Page 79 1.2- PAYMENT ITEM SPECIFICATIONS DETAILS Any work not specifically mentioned in the payment Items listed in the Proposal, but indicated on the Plans and/or Specifications, shall be considered as incidental to one or more of the payment Items, and no claim for additional compensation will be allowed. Item 1: The price bid shall be full compensation for furnishing all necessary labor, materials, water, fuel, tools, and equipment for performing a complete landscaping maintenance of US-1 between SW 37th Avenue and 1-95, a strip of land between the wall and the 1-95 embankments between SE 323d Road and west of S: Miami Avenue every 2 weeks. This item includes litter pick up, mow, cut and/or trim and edge the grass or turfin accordance with the latest edition of the State of Florida "Guide for Roadside Mowing" and the latest edition of the "Maintenance Rating Program". Properly prune all plants, which include palms, trees, shrubs and ground covers on a bi-weekly basis or as directed by the Engineer. Prune, trim and/or edge such parts thereof which may present a visual or other safety hazard for those using or intending to use the right of way including growth around street lights and traffic signals. The contractor is responsible for removing the trash bags and debris the same day of performing the landscaping cleaning. Contractor must not block traffic during peak hours. Contractor must follow the frequency schedule included in the PROPOSAL Item 9: Special Provisions — To provide a fund for contingent work described below, the Contractor shall include in his Proposal the Cash Allowance Sum of Forty Thousand Dollars ($40,000.00). These funds shall be used to pay for the following when not provided for in the Specifications or in another Item of the Proposal. A The necessary adjustments or relocation of Miami -Dade owned water mains only as directed by the Engineer. B. The adjustments, removal or reconstruction of any City -owned structures not specifically mentioned in the Specifications. C. Other unforeseen surface or underground adjustments or additional work not included in the Specifications. D. Uniformed Police* *Provision for Item "D" is further specified in this Division under UNIFORMED POLICE. The amount of such construction adjustments, services and/or work are estimates only and shall be done only as directed by the Engineer, who shall approve all charges which will be paid for from the respective portion of the Provisions for Special Items. Any portion of said Allowance not used will be withheld from Contract Payments. The Contractor is referred to Section 3-2 of the General Conditions. 01002. QUALITY ASSURANCE 2.1 All landscaping contractor, subcontractor, or any and their employees engage in any type of landscaping installation, care or maintenance must be directed and supervised by a Bid No. 11-12-052 Page 80 certified landscape contractor. This will require a landscape professional or a competent superintendent (in the field at all times). 2.2 All Work shall be per -formed using superior maintenance standards and techniques. 01003. ENVIRONMENTAL PROTECTION Contractor shall comply with Chapter 17, Environmental Preservation of Miami City Code, and City Ordinance 12636 and 13085. Any violation of this Code the contractor will be sole responsible for the damages and no additional charges will be allowed. 01004. CODE COMPLIANCE All Work shall comply with the South Florida Building Code, City of Miami Code, and Miami -Dade County Code. Contractor shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act as well as any other requirements specified in the Contract Documents. 01005. PROPER EQUIPMENT AND OPERATION The contractor shall comply with the National Environmental Policy Act (NEPA) and Noise Control regulation, local and The City Code. 01006. PERMITS The Department of Public Works will issue a Tree Permit for any removal, trimming and installation of trees and palms. 01007. ROOT GUARD Shade trees planted within the public right-of—way and within close proximity of sidewalks or curbs will require root barriers, i.e., sections of metal pipe or root deflectors under the product name of `Root Solutions", or approved equal. 01008. PLANTING — See attached Division 2A. 01009. SODDING — See attached Division 2B. Bid No. 11-12-052 Page 81 DIVISION 2A PLANTING 2A.01 PLANTING GENERAL The Contractor shall furnish all labor, materials, and equipment, watering and related work required to complete the work in accordance with the contract documents and specifications. I. SCHEDULING OF WORK: The work shall be as coordinated with other contractors as to prevent any conflicts as to scheduling with others. The contractor is not allowed to block traffic during peak hours. II. PERSONNEL: All planting shall be performed by personnel familiar with planting procedures and under the supervision of a qualified planting foreman who is to be available at the jobsite during the course of the work. TTT. PROTECTION OF UTILITIES AND STRUCTURES: Prior to the preparation of planting areas or plant pits, the Contractor shall ascertain the location of all electrical cables, all conduits, all utility lines, oil tanks and supply lines, so that proper precautions may be taken not to disturb or damage any subsurface improvements. In the event any are uncovered, the Contractor shall promptly notify the City Engineer, who shall arrange to relocate the plant material, if possible. The Contractor shall be responsible for any damage to utilities and structures and shall properly maintain the protection of same. IV. CLEAN UP: A. If the Contractor fails to dean up, the City may do so and the cost thereof shall be charged to the Contractor. V. SUBMITTALS: A. Unit Prices: The unit prices bid will serve as the basis for any required addition or deletion to the Contract. B. Materials: Submit four samples each with corresponding certificates of compliance from the product manufacturer or supplier for planting soil, fertilizer (analysis card), mulch, galvanized steel banding, turn buckles, guy wires and painted sample of wood braces. Submit these within thirty (30) days after award of Contract. C. Schedule: A detailed sequence of planting shall be submitted to the City by the Contractor. Submit revised schedule when departure from same is necessary. D. Maintenance Guidelines: Submit detailed maintenance guidelines covering fertilization, watering, spraying, trimming, mulching, and any other pertinent issues related to landscape work required to ensure viability of plant material. Submit maintenance guidelines sixty (60) days after award of Contract for review by the City or his representatives. 2A.02 MATERIALS Bid No. 11-12-052 Page 82 I. COMMERCIAL FERTILIZER: A. Shall be delivered to the site in the original unopened containers, each bearing the manufacturer's analysis. B. Fertilizer shall be Mix #5024 (10.5.8) as supplied by ATLANTIC-FLORIDA EAST COAST FERTILIZER & CHEMICAL, unless noted otherwise, or equal. II. PLANT MATERIAL: A. Words "Plant Materials" or "Plants" refer to and include trees, palms, shrubs, and g ro und covers. B. Plant species shall conform to those indicated on the drawings and in these Specifications. C. Plants shall be sound, healthy, vigorous, free from plant diseases, insect pests, or their eggs and shall have healthy normal root systems. Plants shall be nursery grown stock, except for site transplanted material or freshly dug, balled and burlap plants. D. All plants shall have been transplanted or root pruned at least once in the three years previous to contract date. Root bound container plants will not be accepted. E. Collected palms shall be heeled in the nursery for no Tess than three months prior to final planting. F. All plant material not otherwise specified as being Florida Fancy of Specimen shall be Florida No. 1 or better quality graded in accordance with "Grades and Standards for Nursery Plants" published by the State of Florida Department of Agriculture. G. Caliper measurement, height measurement, height relation to caliper, spread, bare root and ball dimensions, number of canes, types of vines and ground covers, etc., shall conform to the applicable standards given in "USA Standard for Nursery Stock 260.1", sponsored by the "American Association of Nurserymen, Inc.". H. Plants specified shall be used, substitutes will not be allowed unless sufficient evidence is submitted in writing, indicating plant unavailability. The Contractor is to submit suggested listing of substitutes for review and comment by the City Engineer. No substitutions shall be made unless approved in writing. Said substitutes shall be submitted no less than five (5) days after Award of Contract. I. Any materials and/or work may be rejected if; in the opinion of the City Engineer such does not meet the requirements of these Specifications. All rejected materials shall be promptly removed from the site by the Contractor at his expense. J. Plants,. existing on the site and transplanted by the Contractor shall be subject to Contractor's Guarantee. K. Plants used where symmetry is required shall be matched as nearly as possible. The Contractor shall tag all trees and palms at the nursery for review by the City Engineer. The tagging for review shall be made no less than forty five (45) days prior to the projected installation date. All material shall be clearly identified by the use of Bid No. 11-12-052 Page 83 colored vinyl tapes. The Contractor shall tag 10% more than the quantities required and give five (5) days notice minimum prior to nursery visit. III. SOIL MOIST POLYMERS Provide Soil Moist acrylic copolymers at the rate specified in 2B.03.III.F to each planting pit/tree or palm planting location. Contact: Nursery and Landscape Supply (305) 235-9311 or Terra International (305) 247-1521. IV. PLANTING SOIL: Shall be as follows: 50% Muck 50% Coarse Silica Sand Or as indicated in the plans. V. MULCH: Shall be as indicated in the Bid proposal, or Eucalyptus Mulch Grade "A" delivered to the site in sealed and marked bags, or approved equal. 2A.03 EXECUTION I. SHIPMENT AND DELIVERY: A. The Contractor shall notify the City Engineer 48 hours in advance, when plant material is to be delivered. B. Rant material shall be protected form weather, adequately packed to prevent breakage and drying out during transit. C. Plants shall not be planted on job until they have been inspected at receiving site, and accepted by the City Engineer. Plants which do not meet specifications for quality herein stated, or plants that show improper handling, or arrive on site in an unsatisfactory condition shall be rejected. Rejected plants shall immediately be removed, disposed of by the Contractor and approved nursery stock of like variety, size and age shall be replaced by him without additional compensation. D. Final acceptance of plant material will be given only after material is planted and after meeting requirements prescribed herein. II. GUYING AND STAKING: A. All guying and staking shall be indicated in the Specifications. B. It shall be the Contractor's responsibility to prevent plants from falling of being blown over, to restraighten and replace all plants which are damage. Bid No. 11-12-052 Page 84 Plants blown over by high winds shall not be caused for additional expense to the City, but shall be the responsibility of the Contractor. Damaged plants shall be replaced by the Contractor at no additional expense to the City, except the Contractor shall not be held responsible for the Toss or death of any tree, shrub or plant , after being properly planted, as a result of hail storms, lighting, flood, fire or other acts of providence beyond his control. III. PLANTING OF TREES AND PALMS: A. Except as otherwise specified, the Contractor's work shall conform to accepted horticultural practices as used in the trade. B. Plants shall be protected upon arrival at the site by being thoroughly watered and properly maintained until planted. Plants shall be planted within 24 hours after arriving at site. At all times, workmanlike methods customarily in good horticultural practice shall be exercised. C. Before digging holes or beds, the location and/or arrangement of the planting shall be staked by the Contractor and accepted by the City Engineer. The staking should be ready for inspection at least FIVE (5) days prior to the projected planting date. The stakes shall be #7 Rebar, at least 18" in length and painted with bright red paint. D_ The existence and location of underground utilities if shown on the plans are not guaranteed and shall be investigated and verified in the field by the vicinity of existing structures and utilities shall be carefully done. The Contractor shall be held responsible for any damage to; and for maintenance and protections for existing utilities and structures. • E. All circular pits with vertical sides shall be excavated to sizes and depth as shown in the Specifications (Misc. 17-293-4) and backfilled with planting soil. The contractor shall test fill all tree/palm pits with water before planting to assure proper drainage and that percolation is available. Pits which are found not to be adequately draining shall be .backfilled with coarse gravel or crushed rock. No allowances will be made for lost plants due to improper drainage. F. Backfill with the specified planting soil mix and incorporate a minimum 6 ounces to 9 ounces of Soil Moist acrylic copolymers evenly spread around and adjacent to the rootball mid -way in depth. The final level of the ground and that of the sod shall conform to the surrounding grade._ G. The plants shall be set on prepared planting soil backfill brought to a height permitting planting at the same depth the plants grew in the nursery. Bid No. 11-12-052 Page 85 Upright plants shall be kept in a vertical position. All plants shall be handled by earthy ball only. Handling by the plant itself will be caused for rejection of such plants. H. After placing the plant in the pit, the backfill shall be watered and firmly tampered to ensure backfill mixture in and about all the roots. All backfill mixture shall be such that no plants will settle lower than the depth indicated on the drawings. I. After filling half way on the earth ball, the burlap shall be loosened and laid back off the top of the ball, or if too bulky, cut away and removed, after which the balance of the pit shall be backfilled and tamped. J. All plants shall be thoroughly watered at time of planting and kept adequately watered until time of acceptance. The Contractor . shall provide the means where water lines are not available. K. Apply fertilizer to planting beds and saucer areas as follows: Trees: One pound per inch trunk diameter. Spread fertilizer evenly about the base away from trunk diameter. Thoroughly water plants before and after fertilization then mulch. L. Three (3) inches of mulch shall be placed between and around all plant material within 24 hours after any planting. For individual plants, the mulch shall be spread to cover the saucer area. When in place, the mulch is to be watered thoroughly. M. Pruning shall be done at the time of planting and with due regarded to the natural form and growth characteristics of each species. All cuts over inch diameter shall be painted with an acceptable tree wound dressing. Trees with pruned terminal leaders will not be accepted. -N. During the course of planting, excess and waste materials shall be removed daily. All reasonable precautions shall be taken to avoid damage to all structures and plants. When planting in an area that has been completed, the area shall be thoroughly cleaned up. IV. MAINTENANCE PRIOR TO INSPECTION FOR ACCEPTANCE: A. Maintenance shall begin immediately after each plant (1 gal. shrub and 3 gal shrub) is planted and shall continue throughout the course of operations on the site. 1. Watering Plants shall be watered by hose soaking thoroughly each day for the first two weeks (14 calendar days) and every other day for the following two week period. Soaking then shall continue on a twice weekly basis for another period of three weeks, amounting to a total of 45 days after installation. At the end of this hose soaking period, earth saucers shall be collapsed leaving the guying and/or staking in place, in accordance with these specifications. B. Plant maintenance shall include watering, pruning, spaying, dusting, weeding, cultivating, mulching, tightening, staking, fertilizing and repairing of braces and guys, Bid No. 11-12-052 Page 86 replacement of sick or dead plants, resetting plants to proper, grades or upright position and restoration of the planting saucer, and all other care needed for the planting saucer, and all other care needed for proper growth of the plants. 1. Watering All trees and palms shall be watered by hand hosing as follows: Once a day for the first three weeks after planting and three times per week thereafter until inspection for. acceptance. C. Spraying and Dusting: During the maintenance period and up the issuance of certificate of final acceptance, the Contractor shall do all seasonal spraying and/or dusting of plant material. The materials and methods shall be in accordance with highest standard nursery practices and in accordance with all regulatory agencies having jurisdiction. D. Protection: Planting areas and plants shall be protected against trespassing and damage. If any plants become damaged or injured, they shall be treated or replaced as directed. No work shall be done within or over planting areas or adjacent to plants without proper safeguards and protection. E. Damage resulting from erosion, gullies, washouts or other causes shall be repaired by filling with topsoil, tamping and re -fertilizing by the Contractor at his expense if such damage occurs prior to acceptance by the City Engineer. V. INSPECTION FOR ACCEPTANCE A. Upon completion of all planting, an inspection for acceptance of work will be held. The Contractor shall notify the City Engineer for scheduling of the inspection five (5) days prior to the anticipated inspection date. Partially completed portions will not be inspected. It is the Contractor's responsibility to ensure that the work is completed and ready for inspection before calling for same. B. At the time of acceptance for inspection, if the materials are in whole or in substantially acceptance, a written notice will be given by City Engineer that the guarantee period begins from the date of the inspection. C. In case substantial numbers of plants are sick or dead at the time of inspection, acceptance vvill not be granted and the Contractor's responsibility for maintenance of all the plants shall be extended until replacements are made. Replacements shall conform in all respects to the specifications for new plants and shall be planted in the same manner. Said replacements are to be made within five (5) days of said inspection. D. After the inspection for acceptance is made and the work is found to be acceptable, the Contractor shall continue to hand water .all trees and palms three times a week for four (4) weeks. Bid No. 11-12-052 Page 87 VI. PLANT GUARANTEE AND REPLACEMENT A. Guarantee: All plant materials including site relocated material by the selected contractor shall be guaranteed for a period of one year after the date of inspection for acceptance. All plant materials shall be alive and in satisfactory growth at the end of the guarantee period. Should the City decide to purchase the trees, plants and shrubs described under the Proposal Unscheduled Additive Itmes from an outside vendor, the contractor will only be responsible for the planting. Only then, the plant guarantee will not be applicable to the selected bidder. B. Replacements: During the guarantee period, there shall be monthly inspections between the Contractor and the City or his representative to ascertain the viability of the plant material. Any plant that is missing, dead or fails to become established due to Contractor's negligence shall be replaced at no cost to the Owner within ten (10) days after the monthly inspection. At the end of the guarantee period, the Contractor shall notify the City that the project is ready for final inspection. Any plant that is not alive or fails to show satisfactory growth or is missing due to Contractor's negligence will be removed and replaced at no cost to the Owner. All replacement after the final inspection shall carry a six (6) months replacement guarantee. Replacements shall be made within ten (10) days after final inspection. C. Materials and Operations: All replacements shall be plants of the same kind and size specified in the Plant Schedule. They shall be fumished and planted as specified with the cost bome by the Contractor. Please refer to the attached plant schedule. D_ Watering Schedule: Refer to previous Sections. E. Planting list and quantities for this contract: The prices listed for the Unscheduled Additive items in the Proposal Page 5 of 5 may be utilized. as directed by the City Engineer as reference only and no additional compensation shall be allowed. Bid No. 11-12-052 Page 88 DIVISION 2B SODDING 2B.01 SODDING GENERAL The other Contract Documents complement the requirements of this section. I. SCHEDULING OF WORK: The work shall be as coordinated with other Contractors as to prevent any conflicts in scheduling with others. II. PERSONNEL: All planting shall be performed by personnel familiar with planting procedures and under the supervision of a qualified planting foreman. III. PROTECTION OF UTILITIES AND STRUCTURES: Prior to the preparation of sodding areas, the Contractor shall ascertain the location of all electrical cables. All conduits, all utility lines, oil tanks and supply lines, so that proper precautions may be taken not to disturb or damage any surface improvements. -The Contractor shall be responsible for any damage to utilities and structures and shall properly maintain the protection of same. IV.. CLEAN UP: A. The Contractor at all times shall keep the premises free form accumulation of waste materials or rubbish caused by his operations. At the completion of the work, he shall remove all waste materials and rubbish from the project site as well as all his tools, construction equipment, machinery and surplus materials and shall clean all surfaces and leave the project site "broom clean". B. If the Contractor fails to clean up, the Owner may do so and the cost thereof shall be charged to the Contractor. V. SUBMITTALS: Submit samples of planting soil blanket mix and four (4) samples each of the Certificates of Compliance, fertilizer analysis tags, and sod certification. Provide said submittals thirty (30) days after Award of Contract. .2B.02 MATERIALS I. SOIL BLANKET: As supplied by MORRIS MAGIC SOIL or equal. Soil shall be 40% everglades peat and 60% fine lawn sand thoroughly mixed. No site mixing shall be allowed. II. COMMERCIAL FERTILIZER: Mix #2024 (10.8.6) as supplied by ATLANTIC - FLORIDA EAST COAST FERTILIZER & CHEMICAL, or equal.. Fertilizer shall be delivered to site in unopened containers which shall bear manufacturer's guaranteed statement of analysis or a manufacturer's Certificate of Compliance covering analysis. Furnish guarantee statement of certificate of compliance to the Owner or his representatives. III. SOD: A. Replacement sod shall be St. Augustine Grass (Floratam) Solid Sod: Bid No. 11-12-052 Page 89 B. All sod shall be of firm texture, having a compacted growth and good root development. Sod shall contain no weeds or objection vegetation, and be free from fungus, vermin or diseases. Before being cut and lifted, sod shall be mowed three (3) times with the final mowing not mote than a week before cutting into uniform dimensions. Certifications as to type of grass and other requirements shall be made and submitted to the Owner or his representative. IV. SAND: Provide clean, fine sand. V. WATER: Potable. The Contractor is responsible for providing water even if none is available on the site. 2B.03 EXECUTION I. GENERAL: Fine grades all lawn and planting areas. II. SODDING: Under this section, the Contractor shall perform the preparation of the areas to be sodded as herein specified. A. The Contractor shall remove all existing grasses and weeds from the areas to be sodded. The Contractor shall smooth out all areas to establish an even grade for sod planting. All areas shall be graded to drain. B. Remove all rock or foreign material one inch or greater in diameter and lay 2 inches of soil blanket uniformly and thoroughly incorporated into top most 4 inches of soil. C. Surface shall be rolled to achieve a smooth, even shape and grade. During the rolling, all depressions caused by settlement or rolling shall be filled with by additional topsoil and the surface shall be regraded and rolled until presenting a smooth and even finish. D. The Contractor should call for an inspection for approval of graded areas prior to sodding. E. Water the soil 24 hours prior to sodding. F. Sod panels shallbe laid tightly together with staggered joints so as to make a solid lawn area. Immediately following sod laying, the lawn areas shall be rolled with a lawn roller customarily used for such purposes, and then thoroughly watered immediately. During delivery, prior -to and during the planting of the lawn area, the sod panels shall at all times be properly protected from excessive drying and unnecessary exposure of the roots to the sun. All sod shall be stacked during construction and planting, so as not to be damaged by sweating or excessive heat and moisture. G. After sod has been planted and rolled, thoroughly water and fertilize at the rate of ten (10) pounds per 1,000 square feet of area. Thoroughly water all sodded areas. Bid No. 11-12-052 Page 90 H. The finished level of sod areas after rolling and tamping shall be '/2 inch below the top of abutting paved areas. I. During the sodding operations, excess and waste materials shall be removed daily. All reasonable precautions shall be taken to avoid damage to all structures and plants. When sodding in an area has been completed, the area shall be thoroughly cleaned up. III. MAINTENANCE PRIOR TO INSPECTION FOR ACCEPTANCE: Maintenance shall begin immediately after sodding is executed and shall continue in accordance with the following requirements: A. The Contractor shall be held responsible for maintenance of sodded areas, including watering, spraying, weeding, mowing and replanting as necessary to establish a uniform stand of the specific grass and until acceptance. After the grass has started, all 'areas and parts of areas which fail to show a uniform stand of grass, for any reason whatsoever, shall be replanted, repeatedly if necessary, until all sodded areas are covered with satisfactory growth of grass. B. Sodded areas shall be protected against trespassing damage. if any sod becomes damaged or injured, it shall be replaced as directed. No work shall be done within or over sodded areas without proper safeguards and protection. C. Watering of all non -irrigated sodded areas shall be done from a watering truck, no temporary irrigation heads will be allowed. All sodded areas are to be watered to provide at least one (1) inch of water per week in biweekly applications. Watering is to continue until inspection for acceptance is made and approved by the Owner. All watering is to be done in the presence of the Owner or his representative. . D. Damage resulting form erosion, gullies, washouts or other causes shall be repaired by filling with lawn sand, tamping, refertilizing and resodding by the Contractor at his expense if such damage occurs prior to acceptance. TV. INSPECTION FOR ACCEPTANCE: A. Upon completion of all sodding operations, an inspection for acceptance of work will be held. The Contractor shall notify the Owner or his representatives for scheduling of the inspection ten (10) days prior to the anticipated inspection date. B. At the time of acceptance inspection, :if the materials are in whole or in substantially acceptance, a written notice will be given by the Owner or his representative to the Contractor that the guarantee period begins from date of inspection. C. In case substantial areas of sod are sickly or dead at the time of inspection, acceptance will not be granted and the Contractor's responsibility for maintenance of all the sodded areas shall be extended until replacements are made. Replacements shall conform -in all respects to the specifications for new sod and shall be planted in the same manner. Bid No. 11-12-052 1 Page 91 V. SOD GUARANTEE AND REPLACEMENT: A. Guarantee: Sod shall be guaranteed for a period of ninety (90) days after the date of inspection for acceptance under Paragraph IV of this Section, and shall be alive and in satisfactory growth at the end of the guarantee period. B. Replacement: During the guarantee period the Owner and the Contractor shall schedule monthly inspections. Any sod that is dead or not in satisfactory condition shall be replaced within ten (10) days of the inspection. At the end of the guarantee period a final inspection will be held, the Contractor shall then proceed to replace sod that is dead or not in satisfactory condition, said replacement shall carry a ninety (90) days replacement guarantee. C. All non -irrigated sodded areas shall be watered as described under 26.03.III.C. for four (4) weeks after the inspection for acceptance. All watering to be done in the presence of the Owner or his representative. D. Materials and Operations: All replacements shall be sod of the same kind as specified in these Specifications. It shall be furnished and planted as specified with the,cost borne by the Contractor at no additional cost to the Owner. VI. MAINTENANCE GUIDELINES: The Contractor shall supply the Owner with a detailed maintenance schedule for all sodded areas thirty (30) days after Award of Contract. Bid No. 11-12-052 Page 92 Division 5 • Location Map for contract • Technical Specifications Bid No. 11-12-052 Page 93 SIDEWALK -GPASS AREA — — CURB & GU i I e.H RIGHT OF WAY (Width Varies) NO IL: ALL DIMENSIONS SHOWN ARE MINIMUvI /// AREA TO BE T RI v MED CLEAR — GRASS AREA szemmall SIDEWALK TREE TRIMMING DV THE STREET RIGHT OF WAY DR: MA N. T.S. DEPARTMENT DF PUBLIC WORKS Aug, 1979 R-1 1 MISC. 35-85-109 • EDGE OF PAt M (TYP.) NO 1RE S ALLOWED WTH1N VISIBILITY TRIANGLE. NO PLANTINGS DVER 30' MATURE' HEIGHT ALOWED .WITHIN VISIBILITY TRIANGLE. -77 -= [25 BO ?S1B7UTY 7RiANGL EXTDVDED TO IN EDGE O PAVUvfENT (TYr'.) BASE BUILDIN BB REQUIRED VISION CLEARANCE AT TYPICAL, STREET JTNTERSECTIONS (CITY OF MJAMI ZONING O.RD. 908.11) N.T.S. DR: MA DEPARTMENT OF PUBLIC. WORKS MISC. 35-85-109 .a ilk 1- 1I�1I�IIH H INSTALL ROOT GUARD FLUSH WITH SJRROUNDING GROUND. (ROOT GUARD NDT REQUIRED FOR PALM TREES). RDDT GUARD 101 11.' Inor mo If—TI�I1f Ifl:`'in II iN/ 1 E-1 I �✓i✓i�✓`i� I! I 1-1 _WATER LEVEL 1HIH 1—Hl III-11f�I�II�IIHII�H—�H�� MIN. TWICE THE MAX. WIDTH OF THE ROOT BALL 3° MULCH EXISTING SU3GRADE FORM SAUCER TO HOLD 4° OF WATER RECTANGULAR OR CIRCULAR PLANTING PIT WITH STRAIGHT SIDES AND FLAT BOTTOM. PLACE PLANTING SOIL IN PLANTING PTT AND FORM UGH11Y COMPACTED MOUND. ADD PLANTING SOIL AND WATER ALTERNATaY TO EXCLUDE AIR POCKETS. SOIL BLANKET (FOR LAWN ONLY). ADD PLANTING SOIL AND WATER ALTERNATELY TO FILL PLANTING PIT. EXCLUDING AIR POCKETS. TOP SOIL REMOVE BURLAP AT TOP OF BALL lI = I1-1I 17:III I� 11 REMOVE ENCASEMENT OTHER THAN i:� 1 I ICI I I I I 1=1 I I I I 1 Hi 111 I I 1 IlI 11 l I (-1 BURLAP AND LOWER TREE INTO PLANTING PIT CRUSHING MOUND • OF PLANTING SOIL STAKE AND/ OR GUY AS SPECIFIED. �I -0HH '*-1N i= 0I. 11 I - _I I �I 1I=, 1 vdo� =1 III .. I 1=%`�a�,✓✓i��i��i yt`I II rV`4A4\,E/t4V.*1 :4�(N�i���ioi4>,-*S- *"4I TYPICAL SECTIONS PLANTING PROCEDURE DETAILS DR: MA N.T.S, Dec, 1979 DEPARTMENT OF PUBLIC WORKS nrry nr IPA Cl / DNnA R-1 MISC. 17-293 14' GAUGE, DOUBLE STRAND TWISItW GUY RLfRE f7 REBARS (l8' MIN.) ROOT BALL 3 GUY WIRES SHALL BE EQUALLY SPACED AROUND TREE SAUCER IE a l -iCil- I �1��``����������!�������1!� ♦ QOOOQC �� '1.*'4 EMI IE I�lI HEl� MIN. TWICE THE MAX. WIDTH OF THE ROOT BALL TREES OTHER THAN PALMS RUBBER HOSE AT FORK PLASTIC FLAGGING (3 PU WIRE, MIN.) �l�il• Ili)=1I1=1If-1� GUY WIRE SECURra) TO REBAR ROOT GUARD PLANTING PR O CED U DETAILS N. T.S. Jan. 1980 DR:MA DEPARTMENT OF PUBLIC WORKS n fT V n r- i N! I n 11 ,- n, n a R-1 MISC. 17-293 NOTE FOR PALMS OVER 20' O.A. tJS.T 4' X 4' BRACES NLIEU OF2'X4'. RUBBER NOSE AROUND BANDED 14A1RIAL GUY PARE (3) 17 BANDED MATERIAL FIVE (5) LAYERS 0- BURLAP, THREE (3) 12' LONG 2'X r' RATERS BANDED TD PALM DRIVE 1HRE (3) EQUALLY SPACES) STAKES AT ANGLE AWAY F'?r 0I1 PALi, .DRAW 1 RTIGAL AND INSTALL BR.AM. FILL AROUND BALL \YTH PREPARED PLANTING SOIL NIN. TWICE 1HE MAX. WIDTH OF 111E RDOT BAL TYPICAL SECTION FOR PLANTING PALM TREES IN SMALL PARKWAYS BANDS MATERIAL VcRTh".AL STAKE SAUCER PLAN ill KW PLANTING PROCEDURE DETAILS N.T. S. P 2'X4' BRACE LM loll. 1980 DR: MA DEPARTMENT OF PUBLIC WORKS R-1 MISC. 17-293 3-2% 4".x 12' STAKE PAD BURRED 3' BELOW GRADE { BANDED MMEf5A:: ME (5) LAYERS OF BURLAP. THREE (3) 12' LONG 2'X 4' BATJENS BANDED ID PAUL S.JRE BATS MTH 3/4" B;DE STEEL BAND TO HOLD BAT tE S IN PLACE DURING PLANTING PRO . TI (3) 2'x 4' BRAG EQUAEIY SPACED NAILED TO BA i fT rIS BAND TO PAUL. Fla AROJHD BALL 1511H SPECIFJ PLANING SOIL M!X. 4' EARTH SAUCER IE TYPICAL SECTION FOR PLANTING PALM TREES IN UNRESTRIC'I ED AREAS IF -I PLANTING PROCEDURE DETAILS N.T.S. ROOT BALL Jon. 1980 DR: MA DEPARTMENT OF PUBLIC WORKS R-1 MISC. 17-293 2"x 4 STAKES 3' MULCH LAYER 2"x 4"x 12 NALM. son- TO PAi�O0fT WITH 1WO(2) 20d G.ALV- COMMDN NABS. i C. =.Z MIN. TWICE TI-E MAX. WIDTH, Of THE ROOT BALL pr N BANDED MAUI AL: RYL (5) LAYERS OF BURLAP, THREE (3) 12° LONG 2"X 4` BATiE14S BANDED TD PALM_ SECURE BA TIB4S VATH 3/4` WIDE ILL BAND 1D HOLD BATTENS IN PLACE DURING PLANTING PROCSS. 3- (2"x 4`) BRACES, EQUALLY SPACED NAILED ID BATTENS BAhD-D TD PALM FILL ARC BALL WITH SPECIFIED PLANTING SOIL MIX, 4' EARTH SAUCER TYPICAL SECTION FOR PLANTING PALM TREES HST PAITEIIENTAREAS PLANTING PROCEDURE DETAILS EXISTING PAVEMENT N,T.S ,2008 DR: MA nv. DEPARTMENT OF PUBLIC WORKS MTV nr 'I Al rl nnlnl MISC. 17-293 US-1 Landscape Maintenance Contract, M-OO87 Location Map for the I-95 Landscaped Embankments (S.W. 32 Road to west of South Miami Avenue) gir .....,...,�.- c • - �' `_ � �_ Iry rI 'TOUiHg4U14D Y 1. ' �p A,' ..i:1.;1i9iCi4.Ai4....i7.1..140".0 1. I rLm1�9FMm67W�p�yl0yp17Y I"ili �' Tuu (: i 4i 1�li��•i nliI it it I t .. .. [cc�c+l .(y( (I(1( i(f" I {Ie.ar�-I�h`= �.0 c•4- •..�- .,...,. i 1 i I lip. P I �lil ili .. i 1 I i i i i, i t1.1 1 . �t'� i i ui".;:.i I1h NOR} li ,4 ter. EXISTING CITY OF M IAM I MMOA : PROP09FD EX'I'ENSI ON ON MMOA N U6-I-NON r- at \ 0 /, a F M. ' J. ICk 74,