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1995-15 Award of Bid-Southeast Cattle Co-Landscape & Irrigation-Parkland Equestrian Ctr at Temple Park RESOLUTION NO. 95 - 15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF .ARltLAND, FLORIDA AWARDING A CONTRACT TO SOUTHEAST CATTLE CO. , INC. TO INSTALL LANDSCAPE AND IRRIGATION IMPROVIMINTS AT THE PARKLAND EQUESTRIAN CENTER AT TEMPLE PARK, CITY CONTRACT #001-95 WHER~S, the City Commission of the City of Parkland, advertised for bids to install landscape and irrigation improvements at the Parkland Equestrian Center at Temple Park in the City of Parkland; and WHEREAS, the City of Parkland received six (6) bids from the following bidders: Caribbean Landscaping; Custom Care, Inc.; Prestige Property Management & Maintenance; Southeast Cattle Co., Inc.; Siga, Inc.; and Reed Landscaping, Inc. WHEREAS, the City Commission finds that the bid of Caribbean Landscaping is nonconfor.ming for failure to provide a bid bond as required by the bid specifications; and WHEREAS, the City Commission has deter.mined that the bid of Southeast Cattle Co., Inc. is the lowest responsible and responsive bid and that it is in the best interest of the City to accept said bid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, that: RESOLUTION NO. 95-15 BID AWARD LANDSCAPE AND IRRIGATION IMPROVEMENTS PARKLAND EQUESTRIAN CENTER AT TEMPLE PARK PAGE 2 Section 1. That, Southeast Cattle Co., Inc. is hereby awarded a contract in the amount of $20,316.00 for landscape and irrigation improvements for the Parkland Equestrian Center at Temple Park, City of Parkland Contract #001-95, in the City cit Parkland. The contract must be acceptable in for.m to the City Attorney. Section 2. The appropriate authorities are hereby authorized to draft a contract acceptable in for.m to the City Attorney and City Manager, and upon approval of the City Attorney and City Manager as to the for.m of contract, they shall enter into said contract with Southeast Cattle Co., Inc. PASSED AND ADOPTED THIS 1 DAY OF MARCH , 1995. ~~ ...- SAL PA L , MAYOR ~~ C2-\:~ SUSAN ARMSTRONG, C . M. C . , ITY CLERK M E M 0 RAN DUM TO: MAYOR PAGLIARA AND CITY COMMISSION THRU: HARRY J. MERTZ. CITY MANAGER FROM: BRIAN D. ARCHER. LANDSCAPE/CODE COMPLIANCE~A- SUBJECT: EQUESTRIAN CENTER AT TEMPLE PARK LANDSCAPE AND IRRIGATION IMPROVEMENTS - CITY CONTRACT *001-95 DATE: MARCH 1. 1995 On Friday, February 10, 1995. bids were publicly opened for the subject project. A summary of the bid results is listed below. After reviewing the bid packages, I recommend Southeast Cattle Co.. Inc. BIDDERS AMOUNT 1. CARIBBEAN LANDSCAPING 3473 N. UNIVERSITY DRIVE SUITE 262 SUNRISE, FLORIDA 33351 INCOMPLETE: NO BID BOND LAND. IRR. TOTAL $9,190.25 $6,.420.50 $15,610.75 5. SIGA,. INC. 5500 DAVIE ROAD DAVIE. FLORIDA 33314 BID BOND 5% 6. REED LANDSCAPING, INC. 951 S. W. 121 AVENUE FT. LAUDERDALE. FLORIDA 33322 BID BOND $ 1,562.50 LAND. $15,802.54 IRR. $10,276.39 TOTAL $26,078.93 LAND. $14,358.00 IRR. $11, 930.00 TOTAL $26,288.00 LAND $11.516.00 IRR. $ 8,800.00 TOTAL $20.316.00 LAND. $9,048.05 IRR. $21.450.00 TOTAL $30.498.00 LAND $13.476.52 IRR. $10,890.00 TOTAL $23.760.52 2. CUSTOM CARE, INC. 6560 EAST ROGERS CIRCLE BOCA RATON, FLORIDA 33487 BID BOND $1.303.95 3. PRESTIGE PROP. MGMT & MAINT. 3300 S. W. 46TH AVENUE DAVIE. FLORIDA 33312-2215 BID BOND $1.315.00 4. SOUTHEAST CATTLE CO.,INC. P. O. BOX 820010 SOUTH FLORIDA. FL. 33082-0010 BID BOND 5% AGREEMENT This Agreement is dated as of the ~day of APRIL in the year 1m by and between the CITY OF PARKLAND, hereinafter called OWNER, and SOUTHEAST CATTLE CO.. INC., hereinafter called CONTRACTOR. OWNER and CONTRACTOR, .in consid~ration ofttlem'utual covenants hereinafter set forth, agree as follows: ArUcle 1 - WOQK The Contractor shall complete all Work as specified or indicated in the Contract Documents for the project in Parkland, Florida entitled: LANDSCAPE AND IRRIGATION IMPROVEMENTS FOR THE EQUESTRIAN CENTER AT TEMPLE PARK CONTRACT NO. 001-95 Mtcle 2 - CITY of PARKLAND The Project has been designed by the City of Parkland, and will assume all duties and responsibilities and will have the rights and authority assigned to City of Parkland in the Contract Documents in connection with completion of the Work in accordance with the Contract Document. Article 3 - CONIRACT TIME I The work will be completed within.3Q days after the issuance of notice to proceed by the OWNER. Time is of the essence Article 4 - CONTRACT PRICE The OWNER shall pay to the CONTRACTOR for the performance of the Work for completion of each of the following work items completed at the unit price stated hereafter. A - 1 SCHEDULE OF BID PRICES CONTRACT NO. 001-95 ITEM NO. DESCRIPTION BID PRICE 1 Furnish and Install all Plant Materials, Related Materials and Supplies as specified and shown on the ptans, including furhishing and installing back fill material for plants as specified and to prepare grade for grass or sod as specified..... ..................................................... ..SJ 1,516.00 2 Furnish all labor, equipment and materials necessary to install and complete the Irrigation System as specified and shown on plans,.........,.........$8,800.0Q TOTAL BID PRiCE............................................................$20.316.00 TOTAL PRICE IN WORDS: Twenty Thousand Three Hundred Sixteen DoIJars and No Cent,L A - 2 Article 5 - PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment. Applications for Payment will be processed by the City of Parkland, 5.1 Progress Payment. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by City of Parkland, on or about the ~ day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided as approved by the City of Parkland. 5. 1 .1 Prior to Substantial Completion progress payments will be in an amount equal to: a. 90% of the Work completed. Releases of liens must accompany the request for payment. ,/ 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR TO 95% of the Contract Price, less such amounts determined by the City ot Parkland. 5.2 Final Payment. Upon tinal completion and acceptance of the Work. OWNER shall pay the remainder of the Contract Price as recommended by a City of Parkland representative and upon release of all liens in writing and execution by CONTRACTOR of any required affidavits of payment. Article 6 - INTEREST All moneys not paid when due hereunder shall bear interest at the maximum rate allowed by law at the place of the Project. ~rticle 7 - CO~RACTQRrs R_~PRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. A - 3 7.2 CONTRACTOR has studied carefully and examined all latent physical conditions at the site that may otherwise affect cost progress or performance of the Work which were relied upon by the City of Parkland in the preparation of the Drawings and Specifications and which have been identified in the supplementary conditions. 7.3 CONTRACTOR has made or caused to be made examinations, investigation and test and studies of such reports and related data in addition to this referred to in paragraph 7.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Document. 7.5 CONTRACTOR has given the City of Parkland written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by the City of Parkland is acceptable to the CONTRACTOR. " A - 4 A~le 8 - CONTRACT DOCUMENTS The Contract Documents which comprise the agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following: 8.1 This Agreement (pages A-l to A-14, inclusive). 8.2 Contractor's Proposal (pages ~ to J.Q., inclusive). 8.3 Performance and Payment Bond(pages PB., 1 to PB - 5, inclusive). 8.4 Notice of Award (Parkland Resolution No. 95-15, Inclusive). 8.5 Specifications bearing the title Detailed Specifications General Requirements (pages (landscape) --L to --1L and (Irrigation) pages .l to..1L (inclusive)). 8.6 Final Receipt (page ER-l) 8.7 Drawings consist of: landscape & Irrigation Plans 8.8 Addenda numbers -L, inclusive. 8.9 Documentation submitted by CONTRACTOR prior to Notice of Award (inclusive) 8.10 Any Modifications, including Change Orders, duly delivered after execution of Agreem~nt. 8.11 Notice to Proceed (page TP - 1, inclusive). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed by a Modification as agreed by both the owner and the contractors. " AdI.cIe 9 - MISCE1~NEOU~ 9.1 No assignment by a party hereto of any rights under or Interests In the Contract Document will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not A - 5 be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds himself, his partners, successor, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect of 011 covenants, agreements and obligations contained in the Contract Documents. Article 10 - INDEMNIFICA lIQN CLAUSE The Contractor sholl defend indemnify and hold harmless the City of Parkland, the City Commission and their agents and employees from and against 011 claims, damages, losses and expenses including attomey's fees arising out of or resulting from the performance of the work provided that any such claim, damages, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and 011 claims against the Owner, the City, or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph shall not be limited in any way by any limitation on this amount or type of damages compensation or benefits payable by or for the Contractor or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. Nothing in this section sholl affect the immunities of the City pursuant to Chapter 768, Florida Statutes. Contractor sholl execute page A-12 INDEMNIFICATION CLAUSE. I A - 6 ARTICLE 11 - CONTRACT TIME 11.1 ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THE AGREEMENT. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE CITY my REASON OF ANY DELAY. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct indirect consequential, impact or other costs, expenses or damages including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of CITY or its agents. Otherwise, CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. 11.2 NO RECOVERY FOR EARLY COMPLETION. If the CONTRACTOR submits a schedule or expresses an intention to complete the Work earlier than any required milestone or completion date, the CITY shall not be liable to the CONTRACTOR for any costs incurred because of delay or hindrance should the contractor be unable to complete the Work before such milestone or completion date. The duties, obligations and warranties of the CITY to the CONTRACTOR shall be consistent with and applicable only to the completion of the Work and completion dates set forth in this Agreement. 11.3 LIQUIDATED DAMAGES. CONTRACTOR recognizes that time is of the essence in the performance of this contact, and that, in the event of delay in completion, the OWNER will suffer damages which will be difficult to ascertain with certainty; therefore, the parties agree to the assessment of liquidated damages of $200.00 per day for each day the completion of this project extends past the 30 days provided herein. This is not a penalty. A - 7 ACKNOWLEDGEMENT OF CONTRACTOR. IF AN INDIVIDUAL STATE OF FLORIDA COUNTY OF BROWARD ) ) ) ss: On this day of , 199-, before me personally came and appeared to me known and known to me to be the person described in and who executed the foregoing Contract and acknowledged that he executed the same. Witness my hand and official notarial seal at the day and year above written. " Notary Public My Commission Expires A - 8 ACKNOWLEDGEMENT OF CONTRACTOR IF A PARTNERSHIP STATE OF FLORIDA ) ) COUNTY OF ) ss: On this day of . 199-, before me personally came and appeared tome know and known to me to be one of the members of the partnership of described in and who executed the foregoing instrument and he acknowledged that he executed the same on behalf of said partnership and that same is the act and deed of said partnership. Witness my hand and official notarial seal at the day and year above written. Notary Public .I My Commission Expires A - 9 ACKNOWLEDGEMENT OF CONTRACTOR IF A CORPORATION 5T ATE OF FLORIDA COUNlY OF BROWARD ) ) ) 55: J On this t.4 day of A-f/LI .( , 199~ befote me personally came and appeared ~.cJ;~ P.,fI-{l.,S~ to me known" who being by duly. sworn, did dispose and say that he resides at I2-J f#' ~. c..D . I $' ~ PA ~ t- ~1W ,~ f1'<:.. 7~"" ~ - . that he is the 1l,,{, it ~ .u -;- of ~u /~ till$t e.~L,ti. eo ~ . the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that one of the impressions affixed to said instrument is an impression of such seal; that he is the proper official of said corporation designated to execute such Contract, that he has authority so to do. that he executed same for and in behalf of said corporation, and that his act is the act and deed of said corporation. Witness my hand and official notarial seal at ~ I ~~ ;/ .fl. the day and year above written. /V~o;0:~ Notary Public My Commission Expires ~ . PATRICIA 0 PATRICK \ Notlry PublIC, State of Floricll j MJ CommiSSIon Exp June g. 1996 A - 10 STATE OF FLORIDA: COUNTY OF BROWARD: I HEREBY CERTIFY, that on this 26 day of APRIL 199 i, before me personally appeared HARRY J. MERTZ of the City of Parkland, a municipality of Florida, and acknowledged that they executed the foregoing instrument as the proper official of the City of Parkland, Florida, and the same is th~ act and deed of said City of Parkland. IN WITNESS WHEREOF, the party hereunto has executed this agreement on the day and date first above written. ~9Ic~ '~~ City of Parkland Broward County, Florida WITNESS: BY: App~ City P\ ney A - 11 INDEMNIFICATION CLAUSE The Contractor shall indemnify and hold harmless The City of Parkland, The City Commission, and their agents and employees from and against all claims, damages, losses and expenses including attomey's fees arising out of or result from the performance of the work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property other than the work itself, including the loss of use resulting therefrom and (2) is caused In whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. If any and all claims against the Owner or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may bailable, the indemnification obligation under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under Worker's Compensation Acts, disability benefit acts or other employee benefit acts. Nothing in this section shall affect the immunities of the City and the County pursuant to Chapter 768, Florida Statute, (Contractor) I (Corporate Seal) I This sheet must be signed and attached to the submitted Bid Proposal Form. A - 12 " LANDSCAPE AND IRRIGATION IMPROVEMENTS FOR THE EQUESTRIAN CENTER AT TEMPLE PARK CONTRACT NO. 001-95 AFFIDA VIT (Page 1 or 2) SECTION VI BID PACKET REQUIREMENTS SWORN STATEMENT UNDER SECTION 287.133(3)(A). FLORIDA STATUTES. ON PUBLIC ENTITVCRIMES STATE OF f~t.., ~ ,+ COUNTY O~ Before me, ,/1. t~e ..undersigned authority, personally appeared ~.vJ1A.J) ~~I ~~ who, being by me first duly swoml made the following statement: ,. The business address of 8.08 ~-o ~. c.Ji:). ~b ~ T. f-T_ L;t--LJ.. f<..- (name of bidder or contractor is) 1b(l,l ~ fA e.i-I / 2. My relationship to ~l SL.qA--( ( QA;tt- G~ ~- k . (name of bidder or contractor is)j) ~l a:a...vr relationship such as sole proprietor, partner, president, vice president). 3. I understand that a public entity crime as defined in Section 287.133 of the Florida Statutes includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any publiC entity in Florida or with an agency or political subdivision of any other state of with the United States, including, but not limited to, any bid or contract for goods or seNices to be provided to any publiC entity or such an agency or political subdivision and involving antitrust fraud, theft, bribery collusion, racketeering, conspiracy, or material misrepresentation. 4. I understand that "convicted" or "conviction" is defined by the statute to mean a finding or guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July', 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. A - 13 I CONTRACT NO. 001-95 AFFIDAVIT (Page 2 OF 2) 5. I understand that "affiliate" is defined by the statute to mean (1) a predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. 6. Neither the bidder or contractor nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the bidder or contractor nor any affiliate of the bidder or contractor has 6een convicted of a public entity crime subsequent to July 1, 1989. (Draw a line through paragraph 6 if paragraph 7 below applies.) 7. There has been a conviction of a public entity crime e bidder or contractor, or an officer, director, execut' , artner, shareholder, employee, member or agent of the bidd contractor who is active in the management of the bidder or actor or an affiliate of the bidder or contractor. A determinati s been made pursuant to Section 287.133(3) by order of the Divis' f Administrative Hearings that it is not in the public interest for th me of the convicted person or affiliate to appear on the convict vendor list. The name of the convicted person affiliate is . A copy of the order of the Division of dministrative Hearings is attached to this statement. (Draw line through paragraph 7 if paragraph 6 above applies.) Swom to and Slbicribed be~lhe state and county first mentioned above on the dfl..!:b day of . . 199~ ~~CJ/0;~ Notary Public (affix seal) My Commission Expires ~ PA11I1CI'. "11I1Cl i \ Notary Public, State at FIaftdI \ : My CommiSSIon Eap June 9, 1996 V:"" ...... CC203834 ."tOf~. No. ......... A - 14 MASTER SPECIFICATIONS BIDDING REQUIREMENTS, CONTRACT FORMS & CONDITIONS of the CONTRACT SECTION .00100 BIDDING REQUIREMENTS PART I - INVITATION TO BID You are invited to bid on a general contract, including all labor and materials to 'complete all work as shown on the following drawings and specifications for construction described in general as follows: PROJBCT LOCATION TYPE OF WORK City of Parkland Landscape and Irrigation Improvements for the Equestrian Center at Temple Park, City Contract # 001-95 8350 Holmber'g Road;Parklarid, Florida Landscape and Irrigation Installation OWNER PROJECT NAME The CITY 01' PARKLAND (Owner) will receive sealed proposals from his selected bidders until 10:00 A.M. on I'ebruarv 10. 1995. Proposals received after that time will not be accepted. All sealed proposals must be clearly marked on the envelope, "Landscape and Irrigation Improvements for the Equestrian Center at Temple Park, ,City , Contract #001-9511. I Contract Documents may be examined and obtained at CITY OF PARXLAND (OWNER) BUILDING DEPARTMENT 6500 PARKSIDE DRIVE PARKLAND, FL 33067 P# (305) 753-5040 The Drawings and the office of: PART II - SPECIAL INFORMATION REOUIRED WITH BID A LIST 01' ALL SUBCORTRACTORS TO BE USED FOR THIS CONTRACT MUST BE PROVIDED WITH YOUR BID SUBMITTAL PART III - FORM OF BID 3.01 FORM OF BID: Each bid must be submitted on the prescribed form with all unit prices for all materials filled in. Each bid shall be submitted as specified or it will be rejected. The Bidder may add a supplemental information sheet regarding unavailable material, alternate specifications, alternate material types and sizes. Information should be returned in a sealed envelope bearing on the outside the following: 1 " Name of Bidder Address of Bidder Date, Time Bids must be received by (date) February 10. 1995 (time) 10:00 a.m. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 2.02 EXCEPTIONS: NONE PART IV - ADDENDA The following addenda have been issued during the bidding period: Addendum No. / Dat~ ~j o;te Received..die- Addendum No. Date Date Received Addendum No. Date Date Received Addendum No. Date Date Received NOTE: Please make certain that your bid acknowledges the addenda and the date that you received them. PART V - INSTRUCTION TO BIDDERS 5.01 SEALED PROPOSALS: Sealed proposals, for furnishing all transportation, labor, materials, performing all operations required for the completion of the work herein specified, and as shown on the drawings. 5.02 DEFINITIONS OF TERMS: Where the following terms or their pronouns occur within, the intent and meaning shall be as follows: ' Owner: City of Parkland Bidder: Any person, firm, or corporation submitting a proposal for the work covered by these specifications, or his duly authorized representative. Contractor: The bidder awarded this contract. 2 Manufacturer or Supplier: Any person, firm, or corporation, other than the Contractor, supplying material or equipment for the work herein specified. Contract: The legal agreement between the Owner and Contractor for the work shown on the plans and in the specifications. The specifications and drawings are a part of the contract. 5.03 DELIVERY OF PROPOSALS: All bids, whether mailed or delivered in person, shall be submitted in sealed envelopes bearing on the outside the name of the Bidder and his address clearly marked: " 5.04 PROPOSAL GUARANTEE: Each Bidder will be required to furnish a certified cashier's check on a national or state bank or a bid bond in a sum not less than five per cent (5%) of the amount of the bid, made payabl~ to:CI~~ OF,PAJUtLAND This shall accompany each proposal as a guarantee that the Bidder will, if award is made, promptly enter into agreement to do the work and furnish the required performance and payment bond. 5.05 PROPOSAL FORMS: The bidder shall submit his proposal in duplicate on the forms, or an exact copy of the forms furnished herewith. The blank spaces shall be filled in correctly for each item and for every item for which a bid is tendered. The Bidder shall state the price, typewritten or written in ink, for which he proposed to do each item of work called for. 5.06 SIGNATURE ON PROPOSAL: The Bidder shall sign his proposal legibly and correctly. If the proposal is made by an individual, his name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the person signing the proposal shall show the name of the state under the laws of which the corporation was chartered, also the names and business addresses of its president, secretary, and treasurer. The proposal shall bear the seal of the corporation attested by the secretary. Anyone signing the proposal as agent shall file with the proposal legal evidence of his authority to do so. 5.07 FAMILIARITY WITS LAWS: The Bidder is assumed to be familiar with all federal, state and local laws, ordinances, rules and regulations that may in any manner affect the work. The failure to familiarize himself with applicable laws in no way relieves him from responsibility. 3 5.08 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE WORK: The Bidder is required, before submitting his proposal, to visit the site of the proposed work and familiarize himself with the nature and extent of the work, and any local conditions that may in any manner affect the work to be done and the equipment, materials and labor required. He is also required to examine carefully the plans, specifications, form of agreement and form of performance and payment bond and to inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect the work to be performed under this contract. 5.09 QUALIFYING QUESTIONNAIRE AND CONPIDEN'l'IAL FINANCIAL STATEHBNT: If requested by the Owner, Bidders under consideration for award shall furnish a qualifying questionnaire and a confidential certified financial statement, current within the past thirty days, which must be a complete report of the financial resources and liabilities of the company. The Owner may also request a record of the equipment available, past performance record, personnel and organization experience. 5.10 QUALIFICATIONS OF BIDDER: The contract will be awarded only to responsible contractors qualified by experience to do the work specified herein. The bidder shall submit with the bid, prior to award of contract, satisfactory evidence of his experience in organization, capital, equipment and machinery to complete the work to the satisfaction of the Owner within the time limit stated in the.proposal. 5.11 DISQUALIFICATION OF BIDDER: More than one bid from an individual, firm, partnership, corporation or association under the same or different name, will not be considered. Reasonable grounds for believing that the bidder is financially interested in more than one proposal for the same work will cause the rejection of all proposals in which such bidders are believed to be interested. Any or all proposals will be rejected if there is reason to believe that collusion exists among the bidders and no participant in such collusion will be considered in future proposals for the same work. Proposals in which prices are obviously unbalanced will be rejected. 5.12 RIGHT '1'0 REJECT PROPOSALS: The Owner reserves the right to reject any and all bids, with or without cause, and to waive technical errors and informalities and the award of the contract to the best, most responsible bid is the sole discretion of the City 4 of Parkland (owner). 5.13 AWARD OF CONTRACT: The award of the contract, if it is awarded, will be to the lowest responsible bidder (taking into account any alternatives listed in section 7.03 which the City chooses to incorporate into the contract), whose qualifications indicate the award will be to the best interest of the Owner and whose proposal shall comply with the requirement of these specifications. Time is of the essence on this project and the time limits set in the proposal will be used in the determination of the best proposal. In no case will the award be made until all necessary investigations have been made into the qualifications of the low bidders and the Owner is satisfied that the Bidders are qualified to do the work and have the necessary organization, capital and equipment to carry out the provisions of the contract within the time specified. 5.14 RETURN OP PROPOSAL GUARANTEE: As soon as the bid prices have been compared, the Owner may, at his discretion, return the guarantee deposit accompanying such proposals as in his judgement would not likely be considered in making the award. All other proposal guarantees will be held until the contract and bond have been executed, after which they will be returned to the respective Bidders whose proposals they accompany. 5.15 EXECUTION OF CONTRACT: Following the award of the contract to the Bidder by the Owner, the attorney for the Owner will prepare a formaYcontract to be executed by the parties, which contract will be substantially in the form of agreement which is attached to the papers which were delivered by the Owner or his representative to the Bidder in the first instance. The Contract shall also include other general and special conditions deemed necessary by owner and shall include a provision for liquidated damages in the amount of S150.00 per day. The Bidder shall execute the contract delivered to it by Owner and furnish a performance and payment bond written by a surety company licensed to do business in the State of Florida, acceptable to the Owner. The penal sum of the bond shall be in the amount of 100 percent of the contract price. ,The bond shall be a direct action bond which shall comply with the requirements of Florida Statutes, Section 713.23. The Bidder shall execute and deliver the contract and the bond, both in proper form, to the Owner who shall not be bound unless and until the contract has been executed by his duly authorized officers and a copy returned to the Bidder. 5 ,/ 5.16 FAILURE TO EXECOTE THE CONTRACT: The failure on the part of the successful Bidder to execute the contract as required will be just cause for the annulment of the award and, in the event of the annulment of award, the amount of guarantee deposited with the proposal, either in the form of a certified or cashier's check or a bid bond, will be retained or be paid upon demand by the Owner, not as a forfeiture, but rather will be for liquidated damages for the breach of the contract, it being agreed to by each bidder in advance that the Owner will sustain certain damages by reason of failure of the Bidder to sign the contract and that such damages equal the amount of the bid seC:llri~y, or exceed the same, and in no event shall the Bidder thereafter be permitted to contest to the contrary and does waive such right upon submitting a proposal. 5.17 INTERPRETATIONS AND CLARIFICATIONS 01' PLANS AND SPECIFICATIONS: If, before opening of bids, a bidder desires that the Owner or his Agent interpret or clarify any part or parts of the plans. and/or specifications, he will no later than seven (7) days before the bid opening, request in writing the Owner or his Agent to provide the same. The Owner or his Agent will, with reasonable promptness, issue a verbal clarification followed by a written clarification or interpretation in the form of an addendum, letter, or telegram. 5.18 TXHE 01' AMARO: The Owner reserves the right to hold all bids and bid guarantees for a period not to exceed 45 days after the date of bid opening stated in the Notice to Contractors. 5.19 BID MODIFICATIONS: Bid modifications will be received from bidders prior to opening of the first bid. Modifications may be telegraphic or in other written or printed form. 5.20 ADDITIONAL WORK ORDERED BY OWNER: The Contractor agrees to perform extra work not covered by the above schedule of prices which may be ordered by the Owner and to accept as full compensation therefor such prices as may be agreed upon in writing by the Owner and the Contractor in accordance with the General Conditions. 5.21 PERFORMANCE AND PAYMENT BOND: Within ten days from the date of acceptance of this proposal, The successful bidder shall execute the contract and furnish the Owner a satisfactory performance and payment bond, complying with the statutory requirements set forth in Chapter 713.23, Florida Statutes, in the sum of one hundred percent (100%) of the amount of the contract guaranteeing the 6 Insurance From CNA CONTINENTAL CASUALTY COMPANY CNA Plaza Chicago, IL 60685 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we SOUTHEAST CATTLE COMPANY, INC. ,Principal and CONTINENTAL CASUALTY COMPANY Surety, are held and firmly bound unto CITY OF PARKLAND ,Obligee in the sum of --FIVE PERCENT OF BID----------- Dollars ($ 5% ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for PARKLAND EQUESTRIAN CENTER LANDSCAPE AND IRRIGATION - PROJECT #001-95 NOW, THEREFORE, if the said contract be awarded to 'Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be Signed, sealed and dated: 02/10/95 by void; otherwise to remain in full (Seal) Continental Casualty Company CNA t-'t., \Illh..( fll1l III II 11"'111.. 'IUI 'tak.. AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.IN.FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY. a corporation duly organized and eXisting under the laws of the State of illinoIs, and having Its pnnclpal off!ce '" the City of Chicago, and Stat. of illinoIs, does hereby m~ke, constitute and appoint Bruce E. Carr. Thomas W. Patrlck. Jr., John L. Lubattl, Nancy H. Zaleskl, John M. Goodloe. Individually of Fort Lauderaa 1 e. Flori da Its true and lawful Attorney.in.fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds. undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind CONTINENTAL CAS.!J.A!. TY COMPANY thereby as fully and to the same extent as if such ,nstruments .:Nere Signed by the duly authorized officers of CONTINENTAL CASUAL TV COMPANY and all the acts of said Attorney, pursuant to the authonty hereby given are hereby ratified and confirmed, This Power of Attorney is made and executed pursuant to and by authority of the following By. law duly adopted by the Board of Directors of the Company, "Article IX-Execution of Document. Section 3. Appointment of Attorney.in.fact, The President or a Vice President may. from time to time. appoint by writtencertificates attorneys.in.fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature, Such attorneys.in.fact. subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney.in.fact." ' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted 'by the Board of Directors, of the Company at a meeting duly called and held on the 3rd day of April. 1957, "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Secllol' 3 of Article IX of the By.Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and bindlna on the Company." In Witne.. Whereof, CONTINENTAL CASUAL TV COMPANY has caused these Jresents to be signed by its Vice PreSident and ItS corporate seal to be hereto affixed on this 7th day of une 19~ CONTINENTAL CASUAL TV COMPANY State of Illinois I ss County of Cook I -xl---...:n. { t J, E, Purtell Vice President, On this 7 th day of June , 19.1L.., before me personally came J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides in the Villa.e of Glenview. State of Illinois: that he is a Vice. President of CONTINENTAL CASUALTY COMPANY, the corporation d.scribed in and which executed th.above instrument: that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority liven by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledles same to be the act and deed of said corporation, CEITIFICATE I, Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do h.reby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By.Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have h....unto subscribed mr nilM and affixed the seal of the said Companythic 10T~ day of FEBRUARY 7j9..iL-. I . istant Secretary Form 1.23142.B 'NV, NO, G.!)7443.8 faithful performance of the work and payment of bills. 5.22 INSURANCE: The Contractor is required to carry the following minimum coverage and shall furnish a certificate of insurance specifying these coverage as well as naming the City of Parkland as additional insurers. This Certificate of Insurance shall be provided prior to the execution of the Agreement between the owner and Contractor. 5.22.1 Worker's Compensation: a. State: Statutory b. Applicable Federal (e.g. Longshoreman's): Statutory " c. Employer's Liability S100,000,00 5.22.2 Comprehensive General Liability: a. Bodily Injury: S500,000.00 Each Occurrence/ Aggregate Products and Completed Operation b. Property Damage: S100,000.00 Each Occurrence S100,000.00 Annual Aggregate c. Property Damage Liability insurance will provide Explosion, Collapse and Underground coverage where applicable. d. Personal injury with employment exclusion deleted. S300,000.00 Annual Aggregate 7 5.22.3 Comprehensive Automobile Liability: a. Bodily Injury: S300.000.00 Each Person S300.000.00 Each Accident b. Property Damage: S100.000.00 Each Occurrence 5.22.4 Contractual Liability shall provide coverage for not less than the following amounts: a. Bodily Injury S300.000.00 Each Occurrence b. Property Damage: S100.000.00 Each Occurrence S100.000.00 Annual Aggregate 5.23 BOLD HARMLESS AGREEMENT: The Contractor shall indemnify and hold harmless the City of Parkland, the City Commission and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts for any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner or any of their agents, or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts for any of them may be liable, the indemnification 8 obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subc,ontractor under Workmen1s Compensation acts, disability benefit acts, or other employee benefit acts. Bidder to complete all the blank spaces on the proposal pages and furnish full descriptive literature for each item bid. 5.24 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder,' the decision of the owner shall be final and binding on both parties. 9 iI PART VI - INDEMNIFICATION CLAUSE INDEMNIFICATION CLAUSE The Contractor shall indemnify and hold harmless The City of Parkland, The City Commission, and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or result from the J:)erformance of the work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone forwhose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. If any and all claims against the Owner or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under Worker's Compensation Acts, disability benefit acts or other employee benefit acts. Nothing in this section shall affect the immunities of the City and the County pursuant to Chapter 768, Florida Statutes (Contractor) (Corporate Seal) This sheet must be signed and attached to the submitted Bid Proposal Form. 10 PART VII - BIDDING FORMS 7.01 PROPOSAL: Proposal of: Landscape and Irrigation Improvements for the Equestrian Center at Temple Park (Name) , 8350 Holmberg Road. Parkland Florida 33067 (address) to furnish and deliver all materials and to do and perform all work in accordance with the plans and specifications attached hereto for: Landscape and Irrigation Improvements for the Equestrian Center at Temple Park (project name) Gentlemen: The undersigned Bidder has carefully examined the plans, specifications and the site of the proposed work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment, materials, and labor required. Signed The undersigned agrees to do all the work and furnish all materials called for and spE}cifications, in the manner prescribed herei d to sta ds performance established by the Owner. Company Name Address S()UTHEf~iST CI~ 1"1"1...1:.: en", I 1',.!C" PloD,. E~C):x: 82()O"i(') South Florida, Fl. 33082-0010 11 7.02 SCHEDULE OF BASE BID: .tmm Description * 1. Furnish and Install all Plant Materials, Related Materials and Supplies as specified and shown on the plans, including furnishing and installing back fill material for plants as specified and to prepare grade for grass or sod as specified. Item 1 Bid....................$ 11 J 516.00 2. Furnish all labor, equipment and materials necessary to install and complete the Irrigation System as specified and shown on plans. Item 2 Bid....................$ 8 J 800.00 Total Base Bid.............$ 20 J 316 .00 * Item #1 includes 6000 sq. ft. Bahia Sod for restoration of construction area. Final price is subject to field measurement. I 12 PART VIII - SPECIAL PROVISIONS 8.01 "OR EQUAL" J:NTERPRETATJ:ON: Whether or not the words "Or Equal" are used and a particular product is named in the specifications, the Bidder shall base his bid on that item of equipment or material. If the Bidder considers the use of any item of equipment or material which he believes to be equal, he shall list these items in his proposal showing the deductions or additions in the contract price as the result of these substitutions. However, the base pid shall be according to the equipment and materials specified. The Owner or his Agent shall be the sole judge as to whether or not substitutions are according to the specifications and are acceptable. 8.02 EXISTING UTILITIES AND STROCTURE: If existing utilities and facilities are shown on the drawing, they were located from the Owner1s and other records of these facilities. Guarantee is not made that all existing facilities are shown or that those shown are entirely accurate. The Contractor shall assure himself of any utilities, structures or facilities prior to performing any work. Prior to start of work the Contractor shall request each utility agency to advise him of the location of their facilities in the vicinity. The Owner or his agent will assume no liability for damages sustained or costs incurred because the Contractor I s operations in the vicinity of existing utilities or structures. 8.03 PROGRESS CHARTS AND EXECUTION OF THE WORK: A. The Contractor shall within five (5) days after date of execution of the contract, prepare and submit to the Owner for approval, a practical schedule showing the order in which he will start the several salient features (including procurement of materials and equipment), and the contemplated dates for completion of the same. The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work completed at any time. The Contractor shall enter on the chart the actual progress at the end of each period ending on the last day of each month or at such intervals as directed by the Owner, and shall immediately deliver to the Owner three (3) copies thereof. 8.04 INSPECTION: Irrigation inspections will be required as per the City of Parkland and The South Florida Building Code. Landscape inspections will be required as specified in the 13 Landscape Installation Specifications and as Required by the City .of Parkland Landscape Ordinance. 8.05 GO~EE: All equipment, materials and installation furnished by the Contractor under the terms of the contract shall be guaranteed by the Contractor and his surety, through the Performance Bond and Labor and Material Payment Bond, included as part of the contract documents, against defective workmanship, mechanical and physical defects, leakage, breakage and' other damages and failure under normal use and operation for a period of one year from and after the date of final acceptance thereqf, by the Owner, or placed in service for the benefIt of the Owner. Should the installation prove to be defective within the specified period of the guarantee, the defects shall be replaced or repaired without cost to the Owner by the Contractor or by the surety. The period of guarantee of such replacement of repairs shall be from and after the date of final acceptance by the Owner of the work. 8.06 HATBRXAL AND EQUIPMENT: As soon as practicable and within ten (10) days after date of execution of the contract, unless directed otherwise by the Owner, and before any material or equipment is purchased, the Contractor will submit to the Owner for approval a complete list, in triplicate, of materials and equipment to be incorporated in the work. The list shall include catalog numbers, diagrams, drawings and such other descriptive data as may be required. Approval of materials will be based on manufacture I s published rating. Any materials or equipment listed which are not in accordance with the specification requirements may be rejected. A. SAMPLES: If samples are required they shall: 1. Be shipped prepaid and delivered as specified in these specifications, or as directed by the Owner. 2. Be promptly marked to show the trade name of the manufacture, and the name of the Contractor submitting the sample. B. OPTIONAL EQUIPMENT: The product of any reputable manufacturer regularly engaged in the commercial production of the equipment specified herein will not be excluded on the basis of minor differences, provided all essential requirements of the specifications relative to materials, capacity and performance are met. The 14 Contractor shall furnish a statement giving a complete description of all points wherein the equipment he proposes to furnish does not comply wi th the specifications for approval of the owner. C. SERVICING AND MAIN'l'ENANCE: If reques ted by the Owner, the Contractor shall furnish evidence that there is an efficient organization which regularly carries a stock of repair parts for the equipment he proposes to furnish, and that the organization is conveniently located for prompt service. C. TELEPHONE: The Contractor shall arrange for, install, and pay for a telephone which shall remain in the field office shed until full completion of the project. D. FIELD TOILET: The Contractor shall provide and maintain a sanitary, weatherproof, temporary toilet. It shall be removed promptly when the need is terminated. 8.7 SHOP DRAWINGS: The Contractor shall submit shop drawings for fabricated materials as called for in the separate specification divisions. Drawings shall be fully identified by project name, location, supplier's name, date, drawing number, etc. Subcontractors shall clear all shop drawings through the General Contractor who shall submit them to the Owner. The Contractor shall submit all drawings with such promptness as to cause no delay in his own work or in that of any other contractor. The Contractor shall arrange for submission of shop drawings in such time that a period of seven (7) days shall be allowed the Owner for checking and returning shop drawings. The Contractor shall make any corrections required by the Owner and shall furnish sufficient copies of each shop drawing to meet his and the Owners requirements. Approval by the Owner of such drawings shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless the Contractor, in writing, has called" the Owner I s attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings. Prior to filing the first payment request, the Contractor shall prepare and submit, in three (3) copies to the Owner a completely itemized schedule of shop drawings, listing each and all shop drawings as required under these specifications. The schedule shall indicate for each required drawing: 15 1. Identification as to pertinent specifications divisions; item(s) involved; name of pertinent subcontractor or supplier and the name of pertinent manufacture. 2. Schedule date of submittal to the Owner. 3. Scheduled date of delivery of pertinent items to the project. 13 .'8 AS-BUILT DRAWINGS: . .I During the progress of the work, the Contractor shall record on the field sets of drawings the exact locations as installed of all underground and otherWise concealed pipe. At completion, the Contractor shall furnish to the Owner two (2) complete sets of his contract drawings, neatly marked and with dimensions in color pencil where required to show all variations between actual construction (as- built) and work as indicated on the printed drawings. These sets shall be new sets purchased from the Owner, and said sets turned over to the Owner in good condition. (Two mylars at job completion) A. B. CITY OF PARKLAND BUILDING DEPARTMENT 6500 PARKSIDE DRIVE PARKLAND, FL 33067 16 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That SOUTHEAST CATTLE COMPANY. INC. as Principal, hereinafter called Contractor, and CONTINENTAL CASUALTY COMPANY . a corporation of the State of I LLI NO IS. as surety, hereinafter called Surety are held and firmly bound unto *IN THE AMOUNT OF TWENTY THOUSAND THREE HUNDRED SIXTEEN DOLLARS ($20,316.00) -- the City of Parkland, a municipality of Florida, as ObligeEf. for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally firmly by these' presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the construction of a project in Parkland, Florida entitled: LANDSCAPE. IRRIGATION IMPROVEMENTS for the PARKLAND EQUESTRIAN CENTER 0 TEMPLE PARK in accordance with Specifications prepared by Brian D. Archer, Landscape/Code Compliance, which is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATIONS is such that, this obligation shall remain in full force and effect to cover the "One Year Correction Period' as required under the General Conditions of this Contract. Furthermore, in accordance with the City of Parkland Code of Ordinance the Contractor shall be obligated to grant a one year maintenance bond beginning after the release of the performance bond in the amount equal to 25% of the performance bond. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owne~s obligations thereunder, the Surety may be promptly remedy the default, or shall promptly: PB - 1 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a Bid or Bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged. under this pgragraphlsufficient <_ funds.tQpay the cost of completion less the balance. of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder the amount set forth in the first paragraph hereof. The term "balance of the Contract Price,. os used in this paragraph, shall mean th-e totol'- ,~ amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of the one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein and those persons or corporations provided for by Section 255.05, Florida Statutes, of their heirs, executors, administrators, successors or assigns. Signed and Sealed this 20TH day of APR I L 199~. . A.D., CONTRACTOR: SOUTHEAST CATTLE COMPANY, INC. IN PRESENCE OF: By: _ INSURANCE COMPANY: CONTINENTAL CASUALTY :::::-:_ BY:)~~ Agent and 0 in-Fact NANCY H. ZALESK I PB - 2 PAYMENT BONQ KNOW ALL MEN BY THESE PRESENTS: That SOUTHEAST CATTLE COMPANY, INC. as Principal, hereinafter called Contractor, and CONTINENTAL CASUALTY COMPANY . a corporation of the State of . as surety, hereinafter called Surety, areheldancffirmly bOynd'Oq unto the City of Parkland, a municipality of FLORIDA, as Obligee, hereinafter ILLINOIS called Owner in the amount of Florida, as Obligee, hereinafter cat1ed Owner in the amount of --TWENTY THOUSAND THREE HUNDRED 5 I XTEEN DOLLARS -------------- ($ 20,316.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the construction of the projects in Parkland, Florida entitled: LANDSCAPE a IRRIGATION IMPROVEMENTS for the PARKlAND EQUESTRIAN CENTER 0 TEMPLE PARK in accordance with Specifications prepared by Brian D. Archer, Landscape/Code Compliance, which is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBUGATION is such that, if Contractor shall promptly make payment to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used in the performance of the Contract then his obligation shall be void; otherwise it shall remain in full force and effect subject, however, to the following conditions: PB - 3 (1) A claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials or supplies shall, within 30 days after beginning to fumish labor, materials, or supplies for the prosecution of the work, fumish the CONTRACTOR with a notice that he intends to look to the bond for protection. (2) A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the CONTRACTOR and to the Surety, writt~n notice of the performance of the labor or delivery of the materials or su'pplies"" and of the nonpayment. '. "", (3) No action for the labor, materials, or supplies may be instituted against the CONTRACTOR or the Surety unless the notices stated under the proceeding conditions (1) and (2) have been given. (4) No action shall be instituted against the CONTRACTOR or the Surety after 1 year from the performance of the labor or completion of delivery of the materials or supplies. (5) This bond is executed pursuant to Florida Statute 200.05 and the conditions and limitations of the payment provisions of Florida Statute 255.05 are incorporated herein by reference. Any change in or under the contract documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 20TH day of APRIL . A.D., 199 5 . CONTRACTOR: SOUTHEAST CATTLE COMPANY, INC. IN THE PRESENCE OF: By: lSURANCE COMPANY: CONTINENTAL CASUALTY COM~ANY By: ~~. Agent A ey-in-Fact NANCY H. ZALESK I PB - 4 (SEAL) '" ., - - ~(}U~~~!", O:MJrt-~ a.,~~) (Name of Corporation) (SEAL) STATE OF FLORIDA ) ), 55: COUNlY OF BROWARD ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared: NANCY H. ZALESK I to me well known, who being by me first duly sworn upon oath say that he is the Attomey-in-Fact for the CONTINENTAL CASUALTY COMPANY and that he has been authorized by CONTINENTAL CASUALTY COMPANY to execute the foregoing Performance and Payment Bond on behalf of the Contractor names therein in favor of the City. Subscribed and Swom to before me this 1992..... 20TH day of APRIL . A.D. . . " * .. ..~",,~RY Pu,/. ....;-.0 (~. .. ~ . . > * . . . '"V' . "Not . j. '''~ .. .-1)'0 '", 'v. ...torF\..o<f.... KIMBERL YY.M~MAHON .. . COMMISSION NO, CC 160418 My Comml.SSl.on Expl.res: ~OMMI';:~IQN DPIRC3 Of ~ " I . v.lL. iY95 1J1no/lll,Jth<- PB - 5 Continental casualty company C'NA ,...1' 'II ,"".( Itn.."..n..nl.... \'"1 'tA.... AN ILLINOIS CO"~O"ATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.IN.FACT Know All Men by these Pfoesent., Thlt CONTINENTAL CASUALTY COMPANY. I corporltlon duly orllnlzed and elI,stlng under fI'. IIWS ot tne Stlte ot IIhnols. Ind nlvlnll Its prInCIPII office In tne City of Cn'CIIIO. Ind Stlt. of illinOIS, does nereby m~ke. constitute Ind IPDOlnt Bruce E. Carr. Thomas W. Patr;ck. Jr.. John L. Lubattl. Nancy H,' Zaleskl. John M. Goodloe. Ind;v;duallv ~ Fort Lauaeraale, Flor;da Its true and lawful Attorn.y.in.fact w.th full power and authoflty hereby conferred to sion. .... and execute in Its b.half bOndS, undertakings and other Obligatory instruments of similar nature - In Unl;mited Amounts - Ind to bind CONTINENTAL CASUALTY COMPANY ther.by I' fully and to the same elltentl' ~f suCh IAstruments ""ere Signed by tne duly luthom:ed officers of CONTINENTAL CASUALTY COMPANY and aJI the acts of sa.d Attorn..,. pursuant to tne luthorlty nereby liven are hereby ratified and confirmed. '. , ,'>' ~" , This Power of Attorney is made and executed pursuant to and by authority of tl'le followin, By. Law duly .dopted by the BOlrd of Directors of the Company. "ArtJcfe lX-IlIecutlon of DocumtntI Section 3. Appolntm.nt of Attorney.in.flCt. The Pr..ldtnt or. Vice PrtIldtnt ~, from "me to t~DOfnt bY wrltt.ncertlficat.s attorn.ys.in.flCt to act in DtftIlf of the Company in the exeec:utlOn of poIlCleI ofln!IUranc:a, bOnda, .'nga ind other Obl~.tory instruments of like n.tu....Sueh attomey.in.flCt, aubject to the limitations ... fofttIln their l'fIPICtM eertiflc:at.. of authority. StIIII have full po.... to Dlnd th. ComPlft~ their siGnature and exec:utlon of any such inlUumeftta and to attICh the .... of the Comoany ther.to. The President or any Vice Ident or the BoanI of Directors may .t MY time revoke III power and autl'lOrlty previously given to any attorney.in.fact." Thi. Po_, of Attorney i. Si,ned and sealed by facsimile under and by the authority o~ the followin, Resolution adopt.d by the Board of Directors of the Company at a meetinl duly called and h.,d on the 3,d.day of Apnl. 1957. . "Resolved, that the .Ignature of the Prealdtnt or Vice PreaicIent and the .... of tflt Company may De afflxtel by flCalm'It on any power of .ttOlney granttel pUrauMt to s.ctiOfl 3 of Artlc" IX of the Iy......, and the Ilgnature of the SeCretary or an Auiatant Secretary and the .... of thit Co""""y may De Ifflx. by flCalml.. to any certifiCate of any Iuc:h power, and any power or certifiCate Dtartng such facaimllt signatures and .... aItaIl De WIllet and Dlndlng on the Company. Any Iuc:h power 10 execut. and ..... and certified by certificate 10 executed and ...... aItaIl, with rapect to MY bond or unclertMlng to which It la .ttlChtd, continue to De vllld and bindlno on the CofnNny:' tn WItntsa WhtNof, CONTINENTAL CASUALTY COMPANY ha. Clused these pr...nts to be sillned by its Vice PresIdent and .ts corporate.... to be hereto afflxtel on Ihla 7th day of JUne 19l1- CONTINENTAL CASUALTY COMPANY State of lIIinola I s. County of Cook { -X7~t( J. E. Purtel. Vice P,esident. On thi. 7 th clay 01 June " 19.1L, before me ,*SONlly came J. E. Purtell. to me known, who, bti~ ." me duly sworn, did dipole and say: tNt he ,... in the Vi,... 01 Glenview. S.... of Illinois: that h. .s a Vice-President of CONTINENTAL CASUALTY COMPAHY, the corporation delcribld in and which tUCUltd the atlovt instrument: thlt "e knows the seal of Slid Corporation: that the MIl affilld to the uid instrument illUdI COfI*ltt _I: that it was so affilld pursuant to the Slid instrument is such corporate MIl: that it WlS so affixtd DUf'IUIIIt to autMrity Iivtn bJ the IDItd 01 Directors oIuid corporation and that he Slped PlIS name thereto pursuant to like authority, and ackll_..... ume to be tile act and deed 01 said CDrDOtItiOn. e.~ ...... . ItVaIO ClITIfICATI I. Robert E, Ayo, Aslistant SIcrttIry 01 CONTINENTAL CASUAL TV COWNfY, do I!IrMr cwtify thIt the Poww 01 ~ tltrein lbeNe lit forth is still in foret, and further wtify tttat Stc:tion 3 01 Article IX 01 the ~ 01 the Compiny IIId the "-IutIan 01 tilt IDIid 01 DirIc:ton. lit forth in Uid, Power 01 Attorney are ltiH in farca. In teltimol., ...... I haw hInuntO lUbll:ribld my ftIIM and IffilM tilt MIl of thl Slid ~... 2OTH~~ .... APRIL /}99S $~~ Ayo , nt Secretary Form 1.23142.8 I~V, NO. (3-57443.8 RESOLUTION NO. 95 - 15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AWARDING A CONTRACT TO SOUTHEAST CATTLE CO. , INC. TO INSTALL LANDSCAPE AND IRRIGATION IMPROVEMENTS AT THE PARKLAND EQUESTRIAN CENTER AT TEMPLE PARK, CITY CONTRACT #001-95 WHEREAS, the City' Commi..ssion of the., C.ity..of, Parkland, advertised for bids to install landscape and irrigation improvements at the Parkland Equestrian Center at Temple Park in the City of Parkland; and WHEREAS, the City of Parkland received six (6) bids from the following bidders: Caribbean Landscaping; Custom Care, Inc.; Prestige Property Management & Maintenance; Southeast Cattle Co., Inc.; Siga, Inc.; and Reed Landscaping, Inc. WHEREAS, the City Commission finds that the bid of Caribbean Landscaping is nonconfor.ming for failure to provide a bid bond as required by the bid specifications; and WHEREAS, the City Commission has deter.mined that the bid of Southeast Cattle Co., Inc. is the lowest responsible and responsive bid and that it is in the best interest of the City to accept said bid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, that: ,/ RESOLUTION NO. 95-15 BID AWARD LANDSCAPE AND IRRIGATION IMPROVEMENTS PARKLAND EQUESTRIAN CENTER AT TEMPLE PARK PAGE 2 Section 1. That, Southeast Cattle Co., Inc. is hereby awarded a contract in the amount of $20,316.00 for landscape and irrigation improvements for the Parkland Equestrian Center at '."'.. Temple Park, City of Parkland Contract ,#OOl:":Q,5". in the City of Parkland. The contract must be acceptable in for.m to the City Attorney. Section 2. The appropriate authorities are hereby authorized to draft a contract acceptable in for.m to the City Attorney and City Manager, and upon approval of the City Attorney and City Manager as to the for.m of contract, they shall enter into said contract with Southeast Cattle Co., Inc. PASSED AND ADOPTED THIS 1 DAY OF MARCH , 1995. &~ - SAL PA L . MAYOR ----s:'-~ G.- \;~ SUSAN ARMSTRONG, C.M.C., ITY CLERK LANDSCAPE INSTALLATION SPECIFICATIONS I. GENERAL CONDITIONS A. SCOPE 1. Contractor shall furnish labor, equipment, and materials- required to preform all work necessary for the construction of the project as indicated in the drawings dated October 25. 1994 . Such work includes but is not limited to the following: a. Finish grading of plantingareas:-' b. Planting. c. Sodding (if required). d. Mulch 2. Contractor shall have a competent representative at the site who shall have full authority to receive and execute orders. The representative shall be capable of reading and understanding plans, specifications, and other contract documents. The representative shall be knowledgeable in all areas of landscape construction in Florida. " 3. Contractor shall be responsible for knowledge of the contents of these specifications and the requirements of any accompanying. B. DRAWINGS The drawings and plant lists together with these written specifications shall be considered as one contract document and shall be accordingly read together. The drawings and specifications remain the property of the City of Parkland and, if required shall be returned to such upon completion of the work. The contractor shall keep one copy of the drawings and specifications at the construction site for the use of The City of Parkland and their representatives. C. REQUIREMENTS OF REGULATORY AGENCIES 1. ' Perform work in accordance with all applicable codes, laws and regulations required by authorities having jurisdiction over such work and provide for all inspections and permits required by federal, state, and local authorities in furnishing, transporting, and installing materials. 1 " 2. Certificates of inspection required by law for transportation shall accompany invoice for each shipment of plants. File copies of certificates with The City of Parkland after acceptance of material. Inspection by federal or state governments at place of growth does not preclude rejection of plants at project site. D. PROTECTION OF WORK AND PROPERTY 1. Contractor is responsible for maintaining adequote protection of his wor~4rom1njufy and loss resulting from the execution of this controct'. He must make good all repairs and replacements to the satisfaction of The City of Parkland except where caused by the owner or its agents. He must provide all safety or ,protective measures required by public authorities or local conditions. 2. Existing plant material to remain must be protected by barriers or fences at the drip line surrounding the material. No burning, storage, or parking shall be permitted within these protected areas. Contractor sholl notify The City of Parkland of any situation he feels may damage the existing plants to remain in the normal execution of this contract. Do not proceed with such work until directed by The City of Parkland. Contractor damaged plants shall be replaced with plants of the same species, size and quality as those damaged at no cost to the Owner. The City of Parkland shall determine the extent and value of the damaged plants. E. CHANGES IN THE WORK 1. The Owner reserves the right to make changes in the work and thereby changes in the cost of the work within the conditions of the original contract. All changes shall be in written form and once accepted, shall become a part of the contract documents. 2. The contractor shall not begin any work on extras or changes from the contract document before written approval has been given by the Owner or Owher's representative. Any work done prior to such written approval is undertaken at CONTRACTOR'S risk mayor may not be paid for at the sole discretion of the Owner. 2 ~ OWNERS RIGHT TO DO WORK The Owner reseNes the right, upon two (2) days written notice to the contractor to remedy any neglected provisions of the contract and to deduct the cost of the work or deficiencies from the contract payments. G. SURFACE and SUBSURFACE OBSTRUCTlQNS It is the contractor's responsibility to acquaint himself with the existence end locaf.kmof.ell.surface end subsurface structures and installations, existingoFJ*oposedi before commencing work. Any damage by the contractor during the execution of this contract shall. be made good at the contractor's own time and expense. If subsurface. constl1.1ction pr obstructions are encountered during planting. Alternate locations may be selected by The City of Parkland. H. OWNERS RIGHT to TERMINATE CONTRACT Should the contractor at any time fail, refuse, or neglect to strictly comply with the provisions of this contract. The Owner or his representative shall without prejudice to any other rights or remedy and after having given seven (7) days written notice to the contractor, terminate the contract and take possession the premises. The cost of completion will be deducted from the amount of the contract. I. COORDINATION of WORK Coordinate and cooperate with other contractors to enable the work to proceed as rapidly and efficiently as possible. J. INSPECTION of SITE 1. Contractor shall visit the site and inspect site conditions as they exist prior to submitting bid. 2. No additional compensation nor relief from any obligation of the contract will be granted because of a lack of knowledge of the site or of the conditions under which the work will be accomplished. 3 II. PLANTING SPECIFICATIONS A. PLANT MATERIALS 1. Plants shall be nursery grown in accordance with good horticultural practices under climatic conditions similar to those of the project, unless otherwise noted. 2. Quantities, sizes, and spacing will be determined by the drawings and specifications. Where discrepancies exist, The City of Parkland-is to-be l'Ietified for clarification;- Contractor shall be responsibJe'fof completing installation as called for in the plans, plant lists and specifications. B. ABBREVIATIONS on PLANT LIST 8&8- E.C. - Balled and Burlapped. Plants shall be dug with a firm natural ball of earth of sufficient size to encompass the fibrous root system necessary for recovery of the plant. Broken or loose balls will not be accepted. Egg Can. A three (3) or four (4) gallon container. G.C. - One (1) Gallon container. R.C. - CAL. - " C.T. - G.W. - HT. - Rooted Cutting. A cutting which has calloused and produced roots. Applies Equally to cuttings rooted in a propagation bed or in individual containers. Caliper of trunk measured four (4) feet above the ground. Clear Trunk. Measurement from top of root ball to first branching. Grey Wood area on palms between ground level and base of fronds. . Height from ground level to average top of plant. O.A. - Overall height from ground level to midpoint of current seasons growth. 4 SPR. - Spread measured across the average diameter of plant. o.c. - On Center. Horizontal spacing of plants center to center. P.P.P.- Plants Per Pot. LERIO - Seven (7) gallon or greater container. Container sizes are only a guide. Contractor is responsible for size and quality of plant material as specified. No container material shall be fGot-bouna. Where B & B material is specified, container material wiU not be accepted, withoutwritten consent of The City of Parkland. c. QUALITY and SIZE Plants shall have a habit of growth which is normal for the species and shall be free from physical damage, insects or pests and adverse conditions that would prevent thriving growth. Measurements specified in the plant list are the minimum acceptable sizes. All plant materials used shall be true to name and size in conformance with the Grades and Standards for Nursery Plants, state plant board of Florida, and shall be graded Florida No.1 or Greater, except where noted in the contract documents. Plants shall be graded before pruning. Any necessary pruning shall be done after planting, and with the consent of The City of Parkland. Plants which do not meet the requirements will not be accepted. D. SUBSTITUTIONS I No substitutions shall be accepted without the written consent of The City of Parkland, Owner or their representatives. Proof Must be submitted that the plant in question is not available in the type or size specified. The City of Parkland shall determine the nearest equivalent replacement. E. TRANSPORTATION and STORAGE All plant material shall be protected from possible injury or breakage of branches. All plants shall be delivered adequately covered to prevent windburn, drying or damage. Plants which can not be planted immediately shall be adequately heeled in and protected from the drying of sun and wind. All plants shall be watered as necessary until planting. Storage period shall not exceed 72 hours. All palms shall have their buds 5 tied with burlap strips to remain in place until the tree is well established in its new location (this may be waived with the consent of The City of Parkland). Trees moved by crane or winch shall be adequately protected from chain marks and girdling by approved methods. F. INSPECTION No plant material shall be planted until it is inspected and approved by the Landscape Architect, Owner or their representatives. Contractor shall -' give The City of Parkland two (2) days notice for inspection of plant materiaf:'"1nspection may be waived at the discretion of The City of Parkland; inwhichcase,-the" contractor will still' be responsible for complying with all specifications. Contractor shall be responsible for all inspections of plant material that may be required by State or Federal authorities and inspection certificates shall be submitted to The City of Parkland. Rejected material shall be replaced at no additional cost. The City of Parkland, at its discretion, may tag any or all plant material in the nursery. G. PLANTING SOIL Planting soil shall consist of fertile friable soil of a sandy loam nature and shall be derived from 50% minimum amount of decomposed organic matter (muck or peat) and 50% clean sand with no trace of salinity. There must be a slight acid reaction to the soil. Planting soil shall be free from stones, plants, roots, clods, sticks and other foreign materials which might be a hinderance to planting operations or be detrimental to good plant growth. Planting soil shall be applied in accordance with the methods of installation and details. H. MULCH Mulch shall be shredded cypress mulch, unless otherwise specified, and shall be free of weeds, weed seeds, sticks and other foreign materials. It shall be applied to a minimum two (2) inch depth, unless otherwise specified, and moistened at the time of application to prevent wind displacement. I. COMMERCIAL FERTILIZER Commercial fertilizer shall be an organic fertilizer containing equal 6 percentages of Nitrogen, Phosphoric Acid and Potash as available plant food by weight. 50% of the Nitrogen shall be derived from natural organic sources. The trace elements of iron and Magnesium must also be present. The minimum analysis acceptable shall be 6%N - 6%P - 6%K. Fertilizer shall be dry, free flowing, and delivered to the site in unopened original containers, each bearing the manufacturers guaranteed analysis. If Milorganit with trace elements is to be used, application rates as follows: " Tree: Lerio: Egg'6ans: '" 1 GAL Can: 4" Pot: Ground Cover 12 Ibs.l2" - 3" Caliper Tree 4 Ibs.lcontainer 1 Ibs./container , .5 Ibs.lcontainer .25 Ibs.lcontainer 10 Ibs.l100 SQ. FT. Fertilizer shall be spread before laying and at the above recommended rates, unless otherwise specified. If plant tablets are called for, they shall ' be Agri-form 20 -10 - 5 formula 21 gram tablets. Tablets shall be placed mid - way to the plant ball in the back fill material and at manufacturers rates, unless otherwise specified. J. WATER Water is to be furnished by the Owner. The contractor shall transport as required. K. SOD (When Applicable) Sod shall be one year old and of the variety indicated in the plant list. Sod shall be dense, vigorous, and green, with the grass having been mowed at least three times at a 2" - 2 1/2" height before lifting from the field. Sod shall have a good root development and compact growth and contain no weeds, vermin, fungus, or other diseases. No sod shall be used which is not certified as being free of the imported fire ant. All sticks, stones and other foreign material over one inch in diameter shall be removed from the top 2" of soil. Grade areas to be sodded so that the top of sod will be the finished grade. Solid sod shall be laid with closely abutting joints with a tamped or rolled even surface. Avoid a continuous seam along the line of water flow in swales. Place sod at right angles to slope. All sod edges shall be neat and even and conform to the shape of planting beds and pavement areas as indicated on the planting plan. Rolling may be required at the discretion of The City of Parkland. If top-dressing is required after rolling, clean sand will be evenly applied over the entire 7 surface and thoroughly washed in. Rolling and top-dressing shall be done at no extra cost to The City of Parkland. L. SEED (Where Applicable) Grass seed shall be of the mixture called for in the plant list. It shall be a standard grade seed of the current or last year's crop. Seed which has become wet, moldy, or otherwise damaged will not be accepted. Seed must come in unopened packages with the producers guarante9d analysis attached. Weed seed content shall not exceed 0.25%. Before 'any planting, the, ground shall be plowed or scarified to a depth.of.at least 4" and shall be racked and smoothed evenly to establish, a final grade. All., sticks, and other foreign material over one inch in diameter shall be removed. Contractor shall use the hydro-mulch seeding method and supply all material and equipment necessary to perform the specified work. Seed shall be applied at a rate of 2 to 3 pounds per 1000 sq. ft. (90 to 100 Ibs.lacre). Mulch shall be "Siva Fiber" Processed wood fiber or approved equal and applied at the rate or 1000 to 1200 Ibs.lacre. Water retention additive shall be 'Verdiol Complex" or an approved equal applied at the rate of 50 Ibs.lacre. All materials shall be uniformly blended in an agitation system using clean water and applied uniformly at the rates specified. Contractor shall be responsible for proper watering of the seeded areas in order to avoid run-off. For keeping the ground moist until the grass is established, and watering for proper growth until the work is accepted. Contractor shall repair erosion caused by excessive rainfall or watering at no extra cost to the owner. Any areas which are damaged or do not germinate within the first thirty (30) days shall be re-seeded and maintained until grass is established. Grass shall be vigorous and healthy and coverage shall be at least 95% prior to final acceptance. III. METHODS OF INSTALLATION A. LAYOUTS Location of plants and layout of all beds are indicated on the plans. Plant locations are to be staked in the field by the contractor. The City of Parkland will check staking of plants in the field and shall adjust to his satisfaction before planting begins. Where surface or subsurface obstructions are encountered or where changes have been made in construction, necessary adjustments will be approved by The City of J Parkland. 8 B. EXCAVATION FOR PLANTING Planting holes shall be excavated to a minimum depth of four (4) inches deeper than the depth of the root ball except for trees over 10 feet in height (see section III, C.). Holes shall be a minimum of six (6) inches greater in diameter than the root ball for shrubs and eighteen (18) inches greater in diameter for trees. Depth of planting holes shall be measured form finished grade. All existing vegetation, including sod, shall be completely removed from all planting beds before planting. Four inches of planting soil shall be incorporated into all planting beds for rooted cuttings. Where applicable, planting holes for all trees, shrubs,and.,gmund covers shall be excavated through any compacted building sub-grade or road rock to undisturbed subsoil or clean sand fill. All Excess excavation material shall be removed from the site by the contractor. Holes shall be back-filled with planting soil as defined in Section II. G. and as shown in details. The follo"Ying is a guide for planting soil quantities: Trees - 1 0'+ ht. 9 cu. ft. Trees - 8' ht. 6 cu. ft. Lerio 1 cu. ft. Egg Can .5 cu. ft. Gallon Can .25 cu. ft. 4" Pot .125 cu. ft. Ground Cover' 4" mixed into entire bed. Quantities of planting soil needed may be greater if excavation of building sub-grade or road rock is necessary. c. SETTING TREES AND SHRUBS " All trees and shrubs are to be planted plumb on (4) four inches planting soil and centered in the planting hole so as to give the best appearance in relation to adjacent plants and structures. Trees over ten (10) feet in height shall be planted directly on the undisturbed sub-grade. The ' finished grade level qf the plant after settlement shall be the same as that at which the plant wa's grown. Rootballs on container grown material shall be scarified to prevent a root-bound condition. When the plant holes have been backfilled approximately 2/3 full with planting soil, water thoroughly, saturating rootball, before installing remainder of planting soil to top of hole, eliminating all a'ir pockets. After settlement, add planting soil to the level of the finished grade, allowing two (2) inches for mulch. Form a shallow saucer around each plant by forming a ridge of soil along the 9 edge of the planting hole. Water all plants immediately after planting. D. PRUNING Remove dead and broken branches from all plant material. Prune with a sharp instrument flush with trunk or branch so as to leave no stubs. Prune to retain typical growth habit of the particular species. - E. STAKING AND GUYING Staking and guying oUrees, except where specified;is'anoptioRcto be, used by the contractor, who will be responsible for material remaining plumb,and straight for all given conditions through the guarantee period. The City of Parkland, or City's representative may require that a tree or trees be staked or guyed if the tree(s) are obviously unstable or pose a threat to person or property if they should fall. Tree support, if required by The City of Parkland, shall be done according to staking details provided. Staking and guying shall be done at no extra cost to the owner. No method of support will be permitted which causes physical damage to the plant. Any method of staking or guying not shown must be approved by The City of Parkland. ,I F. MULCHING All tree and shrub beds shall be mulched immediately after planting to a two (2) inch depth and thoroughly wetted down. Unless otherwise specified, the follOWing configurations will apply: Trees and Palms: Hedges: Shrubs Masses: 3' Dia. ring. 3' width beds. Continuous bed extending 2' outside of plants, in configurations shown on plans. Entire surface (mulching of certain ground cover plants may be waived by landscape Architect). Ground Cover Beds: ~ . FINISH GRADES 1. Finish grades for all sod areas after settlement shall be 1/2" below top of adjacent curbs, walks, walls, and abutments. 10 2. Finish grade of all ground cover beds after mulching and settling shall be 1/2" below finish grade of sod, adjacent curbs, walks, and walls. 3. Finish grading shall include the removal of all surface rock and other debris that prevents a smooth level surface. H. CLEAN UP All areas shall be kept clean and orderly as the work progresses. Upon completion of planting, all excess deleterious materials. and debris .shall be removed from the site or disposed of as directed by The CUyotParkland. All tags and ribbons shall be removed from trees and shrubs. I. MAINTENANCE 01 A maintenance period shall begin immediately after each plant is planted and shall continue until all planting has passed final inspection and acceptance. Maintenance of new planting shall consist of watering, cultivating, weeding, mulching, restacking, repairing and tightening guys, resetting plants to proper grades and positions, removal of dead materials, restoration of planting saucer, maintaining any barriers or fences, and any other necessary operations. Any damage created by the planting operation shall be repaired promptly. All trees and other B & B material shall be deep watered for a period of at least twenty-one (21) days after installation and at least once every other day during the next (21) day period. IV. FINAL INSPECTION AND ACCEPTANCE A. Inspection of work to determine completion of contract, but exclusive of the replacement of plant materials under the warranty period, will be made by The City of Parkland at the conclusion of all planting and at the written request of the Contractor. B. The contractor will be notified by The City of Parkland of the acceptance of all plant material and workmanship, exclusive of the possible replacement of plants subject to warranty. V. WARRANTY PERIOD AND REPLACEMENT A. The contractor, as part of this contract, shall guarantee all materials, workmanship, and plant materials for a period of twelve (12) months from 11 E. the time of final acceptance. Exception: sod shall be guaranteed for thirty (90) days. Guarantee shall apply to the position, health, shape condition, and specified size and quality of all plant material. B. The guarantee shall be null and void for plant material that is damaged or dies as a result of freeze, hail, or hurricane force winds, provided the material was properly planted and in a healthy growing conditian prior to such acts of nature. " c. The contractor shall not be held responsible for failures due to neglect by Owner or acts of vandalism during the war.r.antyperiod. D. During, or at the end of the warranty period, any plant that is dead or not in satisfactory condition, as determined by The City of Parkland, shall be replaced by the contractor at no cost to the Owner. Subsequent replacement costs shall be shared equally by the Owner and the contractor, should the replacement not survive, unless the plant(s) have not been planted in accordance with previous specifications as determined by The City of Parkland. All replacements shall be furnished and planted as specified herein. The warranty period for replaced plant material will commence on the date of acceptance of the replaced item(s) of plant material. VI. ADDENDA All addenda apply to section(s) specified in the contract documents and therefore are to be considered a part of the contract. A. Agri-form tablets and a good quality 6-6-6 fertilizer shall be applied to all container and B & B material at the manufacturers recommended rates. B. Contractor shall remove all tree stakes when material has rooted sufficiently to assure stability. c. Obtain easement agreements for all proposed plant material in easements. 12 IRRIGATION INSTALLATION SPECIFICATIONS I. GENERAL CONDITIONS 1. , PROTECTION: (a). The irrigation contractor shall protect all materials and work against injury from any cause and shall provide and maintain all necessary safeguards for the protection of the public. He shalf be held responsible for any damage or injury to person or property which may occur as a result of contractor negligence in the prosecution of the work. (b). The irrigation contractor shall exercise- care in digging. and other worK._.. .' so as not to damage existing work includJng underground cablesanci pipes. Should such overhead or underground obstructions be encountered which interfere with contractors work, the City of Parkland shall be consulted. The contractor shall be responsible fQr the immediate repair of any damage caused by contractors work. This also applies to turf areas. 2. SUBMITTAL: The contractor shall be responsible for the following materials and meetings, 2.1 AS-BUILT DRAWINGS - During the course of the installation, the irrigation.contractor shall record all changes made to the irrigation system during installation. Changes shall be carefully drawn in red line on a print of the irrigation system drawing. Upon completion of the installation, this red line drawing shall be given to the City of Parkland for use as an as-built irrigation drawing. 2.2 MANAGEMENT INSTRUCTIONS - After the irrigation system is installed and approved, the City of Parkland shall be instructed in the complete' operation and maintenance of the system by the contractor. The Contractor shall furnish five (5) copies of an Irrigation System Management Manual prepared by the system installer. 3. PRECONSTRUCTION SITE REVIEW: The irrigation contractor shall' schedule an on-site preconstruction conference with the City of Parkland prior to beginning the installation of the irrigation system. The contractor shall be responsible for coordinating his work with all other parties involved with the job such as the general contractor, planting contractor, paving, electrical, etc., in order to eliminate unnecessary complication during the installation of his work. 1 II. SITE WORK PART 1: GENERAL 1.1 SCOPE OF WORK: The contractor shall provide all labor, materials, and equipment for a complete operation underground irrigation system as specified herein and as shown on the drawings. During construction and storage, the contractor shall protect materials from damage and prolonged exposure to sunlight and heat. Work and materials shall conform to all current state and local laws, rules, codesi,or regulations as may be applicabletG this work. 1.2 QUALITY CONTROL: The City of Parkland shall have the right at any stage of the operation, to inspect and r~j~ctany and all work and materials which, in the City's opinion, do not meet with the requirements of the contract. Such rejected material shall be removed from the site and approved material substituted in its place. The contractor shall maintain quality control for all materials, . equipment and construction operations. Inspections which help ensure quality control include: A. Check material conformance to requirements. B. Discuss methods of installation, operation, and maintenance, and items to be accomplished during installation, with the City of Parkland. C. Coordinate sleeving installation with paving contractor. D. Coordinate work with landscape contractor. E. Coordinate work with schedules and commitments of owner. I As work progresses inspection shall be conducted on: A. Head and equipment location. B. Trenching depth, width, location. C. Proper solvent-welding of piping and fittings. D. Location and installation of valves. E. Backfilling. F. Whether maintenance and cleanup is performed immediately after installation. G. Whether installation is coordinated with landscape contractor to ensure an adequate water supply beginning continuously within three (3) days after plant installation. 2 1.3 GUARANTY: Materials, equipment and workmanship furnished under this contract shall be guaranteed for a period of one (1) year form the date of acceptance. The guaranty shall include but not be limited to the following: A. Filling and repairing depressions and replacing planting due to settlement of irrigation trenches for one (1) year following acceptance of project. B. That the system has been adjusted to supply proper water coverage of areas designated to receive water. C. Existing S09,- grass or grade damaged as-a result of. irrigating system instailationwiJIbe 'replaced;~<'''" Upon receipt of notice from the City of Parkland of failure of any part of the guaranteed equipment,.materiaLor workmanship during the guaranty period, the affected part or parts shall be replaced promptly with new parts, by and at the expense of the contractor. The contractor shall acknowledge his responsibility under these guaranty provisions by letter, stating that the equipment, materials and workmanship referred to herein are guaranteed and stating the inclusive dates of the guaranty period. All work under this contract shall not be finally accepted until expiration of the guaranty period. During this period, the irrigation contractor is responsible for the work until final acceptance. 1.4 APPLICABLE SPECIFICATIONS: The specifications listed below are referred to in the text and define material quality as specified herein. American Society for Testing and Materials. D 1785-83 Poly Vinyl Chlorid9 (PVC) Plastic Pipe, Schedules 40, 80 and 120. D 2466-78 Socket-Type Poly Vinyl Chloride (PVC) Plastic Pipe Fittings, Schedule 40. D 2241-84 Poly Vinyl Chloride (PVC) Pressure-Rated Pipe. ' " D 2885-83 Making Solvent-Cemented Joints with Poly Vinyl Chloride (PVC) Pipe and Fittings. 3 PART 2: MATERIALS 2.1 PVC PIPE: Below ground pipe shall be poly vinyl chloride (PVC) pipe. conforming to ASTM Specification 0 1785, Schedule 40, or it may be PVC pipe conforming to ASTM 0 2241, Class 200. 2.2 PVC FITTINGS: All PVC fittings shall be Schedule 40, -Type 1, NSF Approved conforming to the ASTM 0 2466 requirements (except as noted on the drawing). 2.3 PVC SLEEVES: All crossings under paved areasforwater line - and wireruhs shall be" Schedule 40PVCpipe"ctmfbtmih'g to the ASTM-O 1785 requirements. 2.4 SPRINKLER HEADS: Sprinkler heads shall conform to requirements shown on drawings. Each type of head shall be the product of a single manufacturer. Contractor shall provide the appropriate nozzle for each sprinkler head. if 2.5 AUTOMATIC CIRCUIT VALVES: All valves shall be as indicated on the working drawings. 2.6 DRAIN VALVES: All drain valves shall be of a globe configuration and constructed of brass with a rubberized seat. PART 3: INSTALLATION 3.1 TRENCHING AND BACKFilLING: The contractor shall exercise caution when working near existing utilities and structures. Trenches shall be excavated to the required grades for pipe installation, and they shall be straight and uniformly graded. In any areas where rock or unyielding material larger than 3 inches is encountered during trench excavation, trenches shall be overexcavated a minimum of 6 inches and backfilled to the required grade. Backfill material shall be soil free of rock, gravel larger than 2 inches, organic material or debris. Backfill shall be compacted by uniformly tamping the backfill in loose lift thicknesses not exceeding 8 inches to a density approximately equal to the adjacent undisturbed soil. Do not cover pipe joints or fittings until inspected and approved by the City of Parkland. 4 .I 3.2 INSTALLATION OF PLASTIC PIPE: The contractor shall install plastic pipe as shown on the drawings and in a manner to provide for expansion and contraction as recommended by the manufacturer. Pipe shall be installed under driveways or parking areas in Schedule 40 sleeves at least 12 inches below finish grade or as shown on drawings. No sprinkler head shall be located closer than 12 inches from a building foundation. Heads immediately adjacent to walks or curbs shall be 1/8 inch below top of walk or curb and have a 1-inch clearance between the head and the walk or curb. 3.4 MAKING SOLVENT-CEMENT JOINTS:' Plastic pipe shall be cut square and burrs removed at cut ends prior to installation so unobstructed flow will result. Solvent-cemented joints shall be made in the following manner: A. Clean each end of the pipe and fitting with a clean dry cloth or paper towel. 8. Apply primer in a scrubbing motion to inside the fitting socket. C. Apply primer in the same manner to the male end of the pipe. D. Again brush the fitting socket with primer to make sure the surface has dissolved. E. Quickly apply cement in a light coating to the male end of the pipe. F. Next, apply cement to the inside of the fitting. G. Apply a second light coat of cement to the pipe and while both the fitting socket and the pipe end are soft and wet with cement, force the pipe into the socket all the way to ,the bottom of the socket. While forcing the two pieces together, turn the pipe or fitting one quarter turn to evenly distribute cement and seal any grit that might be on the surface. H. Once the joint is together, hold it in place for one minute after assembly so the cement can set up in the joint. I. After assembly, wipe excess cement from around the pipe at fitting socket. Observe the minimum curing times for solvent-cemented joints. After curing, the pipe can be placed in trenches and pressure tested. 3.5 TESTING IRRIGATION LINES: Prior to the installation of the sprinkler heads, the contractor shall flush all lines with the maximum water pressure available to remove dirt and grit. Lines 5 . shall be pressure-tested at 150% of their operating pressure for leaks, and all leaks shall be repaired. This is to be done before backfilling. 3.6 SPRINKLER HEADS: Set sprinkler heads and quick coupling valves perpendicular to finish grade. Set sprinkler heads adjacent to existing walks, curbs, and other paved areas to grade. Set sprinkler heads installed in lawn areas, 4 inches above proposed finish grade. Adjust heads to proper grade when turf is sufficiently in place. Such lowing or raising of heads shall be part the original contract with no additional costto..the owner. Adjust sprinkler head pattern and radius for proper distribution and coverage. 3.7 SPRINKLER HEADS ON RISERS: All sprinklers installed in the vicinity of buildings.andsign$ shall be adjusted to prevent water from hitting these facilities. All sprinklers shall also be adjusted to minimize over spray onto paved surfaces. All sprinkler heads on risers of 12 inches or more shall be rigidly secured in a plumb position. 3.8 AUTOMATIC CIRCUIT VALVES: Automatic circuit valves shall be in a valve box positioned over the valve so that all parts of the valve car:J be reached for service. J 3.9 VALVE BOXES: Valves shall be installed in a Heavy Duty Plastic Box with a reinforced heavy-duty plastic cover. Valve box covers shall be set even with the finish grade. Contractor shall install valve boxes over 3 inches of gravel for drainage. Gravel shall be reasonably free from dirt and debris. 4.0 CONTROL WIRE: Place the control wire below the pipe for protection of the wire. Use the water proof wire connectors at all splices. Wire shall be placed loosely in the trenches to allow for contraction. A 1-foot loop of wire shall be constructed at all corners for future repair. 4.1 CLEANING: The Irrigation Contractor shall, at all times keep the premises including the paved ares free from accumulations of waste materials or rubbish caused by his employees or work. 6 FINAL RECEIPT Received this day of A.D., 1995 of as full and final payment of the cost of all improvements provided for in the contract for the sum of Dollars and Cents, ($ ) . in cash, being the full amount accruing to the undersigned by the virtue of said Contract, said cash covering and including full payment of all extra work and material furnished by the undersigned in the construction of said improvements, and all incidentals thereto, and the undersigned hereby releases the said from ~ll claims whatsoever growing out of the said Contract. These presents are to certify that all persons doing work upon or furnishing labor, materials or supplies for the said improvements under the foregoing Contract have been paid in full. The undersigned further certifies that all non-exempt taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. FR - 1 SOUTHEAST'CATILE CO., INC. '~'\';:[~g:1pq~;8rQq1o~ip9T.H'~~I:'~':33q~2~td".~;Y~'~f!; .su~bcontrac,tor List Windmill Sprinkler 1535 West Sunrise Blvd. Ft. Lauderdale, FL 33311 (305) 763-3411 J AGRICULTURAL DEVELOPMENT & SERVICES LANDSCAPING. SODDING. CA TILE s5 4j2~SS68' NOTICE TO PROCEED To: ~~""t"U ~ a"'ti\ C~-nL~ ee>. riVl . Date: AfJ(l.lL [..coD, \~~S- Project: Landscaoe & Irricration Imorovements for the Parkland Eauestrian Center @ Temolepark You at'e hereby notified tocommence-.WORKin accordance with the Agreement dated APL,L 2.~t " ,1995, on or before ~'a.\L L tP , 1995, and are to complete the WORK within 30 consecutive calendar days thereafter. The date completion of all WORK i~ therefore rilA", ~1cL \'\~S- BY Title \--la.fZ'.t ~. l'-/\enT"L--- (L ,,'T'{ t1"e-4A.~erL By this the ~ day By ~/IJ ~/~ Title ,Vk81)Jtf}v/ TO PROCEED is hereby acknowledged of -li1 TP - 1 , 1995