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Item #07 Blackwood Avenue Landscape & Irrigation Project Zl�e Center of Good Li ves C'V AGENDA ITEM COVER SHEET Meeting Date: October 18, 2011 Item # Reviewed By: J . Contact Name: Joyce Tolbert Department Director: r i , Contact Number: 1516 City Manager: 2 Subject: Award of Bid #B12 -02 Blackwood Avenue Landscaping and Irrigation (District 3: Johnson) Background Summary: In conformance with the policies and procedures of the City of Ocoee (City) solicited bids from qualified contractors to construct the Blackwood Avenue Landscaping and Irrigation Project. All work for the project shall be designed and constructed in accordance with the drawings and specifications prepared by Bellomo Herbert and Company, Inc. Bids include all items necessary to furnish, deliver, and install all materials, equipment, incidentals, and services, including all labor. The project consists of the removal and installation of landscaping which will consist of Sylvester Date Palms (Upgrading to Medjool Palms), Oaks, Magnolias, as well as other trees and shrubs. The project also includes installation of a complete irrigation system along Blackwood Avenue from Old Winter Garden Road to State Road 50 (approximately 0.25 miles). The bid was publicly advertised on September 25, 2011 and opened on October 11, 2011. There were a total of four (4) bids received. Bidder Total Base Bid Total Bid w /Add Alternate to Replace Sylvester Date Palms w/Medjool Palms 1. Pent Landscape Inc. $109,554.60 $124,854.60 2. Pine Lake Nursery & Landscape $153,027.85 $199,227.85 3. Ameri -Pride Inc. $183,553.46 $245,953.46 4. Groundtek of Central Florida $148,428.60 $251,028.60 All bids are available in the Finance Department for review. The Engineering and Finance Departments reviewed all bids received. It is staff's recommendation that Pent Landscape Inc. offers the lowest responsive and responsible bid in terms of qualifications and price. The low bid includes the add - alternate bid item to use Medjool Palm trees in place of the base bid's Sylvester Date Palm trees. Issue: Award the contract for the construction of the Blackwood Avenue Landscaping and Irrigation to Pent Landscape Inc. Recommendations: Staff recommends that the City Commission award the bid to Pent Landscape Inc., in the amount of $124,854.60 and authorize the Mayor, City Clerk, and Staff to execute the required contract documents once the required insurance is received. Staff also recommends that the City Manager be authorized to approve change orders to this contract up to the limit of his purchasing authority for each change order and up to the budgeted amount for this project for all change orders. Attachments: 1. Bid Tabulation 2. Pent Landscape Bid 3. Invitation to Bid #B12-02 4. Addendum #1 Financial Impact: Funding of $200,000 is available for the landscape and irrigation installation from the CRA Blackwood Avenue Streetscape Project budget. Type of Item: (please mark with an '5c') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction • Original Document/Contract Attached for Execution by City Clerk X Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. ) N/A Reviewed by ( ) N/A 2 - 0 7 v; -I> -i 3DDp - 0 r m 0oo0Cf 1 MK0.1)0ooD W CD • O n O- c :a ( a 0 5 . a C: 0i 0 0 0) ('' a co o m N o 3: 0 01 a (D N _ n, (O n W N CO CO O d N N 7 0 S< N 7 Q 7- 3 - 0 N N 3 a D D D d .- a , .. a -- a. v .. m 7' 7. (D 0 s. -o 0 o ov i ' 7 m' f W o )a. %" v ao 3 51, .. 3 ° C a m f . n co , . o d m = - O 4 6 m gi 0 g m 1 ` (c W S i N p 4 f D c m g ?? 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ID LANDSCAPE • DESIGN 10/11/2011 TO: CITY OF OCOEE ATTENTION: JOYCE TOLBERT, purchasing 150 North Lakeshore Dr., 2" floor Ocoee, Florida 34761 (phone 407 -905 -3100) FOR: Blackwood Avenue Landscape and Irrigation Project, Bid #B112 -02 Bid includes: Trees, shrubs, sod, and auto irrigation per plan and specs. TOTAL BID $109,555.00 With Alternate $124,855.00 Thank you for your consideration, r R, Jared Pent, Treasurer Pent Landscape, Inc. 1876 BLACKWOOD AVE. • GOTHA, FL 34734 • (407) 299 -3918 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO. /CONTACT PERSON/PHONE #: N/4 (Attach additional sheets if necessary) The Bidder certifies that the Bidder has investigated each subcontractor /temporary worker agency listed and has received and has in the Bidder's files evidence that each subcontractor /temporary worker agency maintains a fully- equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor /temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. 21. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. X? 3 1 5 ' o bca+• J c, d ,s' -1 Cr 1/es-r• -peer T'i' cher — r�t.�•,9 d Zoo? chp...,; S, P/u — 0w,ee) Zoo 7 (. kw y S'i l ve/-/t d n p./ (A - 2oc C,h.t ,y .S,' I v<.racJo j - v'^' ^e 22. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK The Bidder shall complete the following blanks regarding experience with similar type of work. Bidder must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. DATE OF CONTRACT /AMOUNT OF PROJECT /CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT ---a 2 of D 1-4e)1 day TA, Exprcrr, TrItAcvi 1te / /252OUn / ue bier 0,4, Iderf )<.l to 0) .IovN. Lee )4Kry McDonald Ti%J ?7 31 1 / 2 7 - 1 o 5- 1? ` - oc , ,m , / Tho�,plon —� Zolo S ri•n• " 1 ' er Yam »a 7S u bl s e- /oGo) So..'1A -. Lee 1-Italy , Mc / b Id rN 3 U 1 "/ �3 - 2- r e0r1 Do:► Kut bier 20oe We.k;kick 14-i (it- Sc.L ot , Apopkct 12.o; Ooo/ SKANrKA USA / 11t N. Moroi iaAJC.. S 11.1 Orle..,<)o -Psi -2'2,7 i 17 / f a^ dy v ( B12 -02 Blackwood Landscaping Have you any similar work in progress at this time? Yes f No Length of time in business Z yc cv-f Bank or other financial references: f` G i`w ; n ckl C-f 'C a f (An c► n Qrlandc, FL Lf0`7-270`60?0 (Attach additional sheets if necessary) 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Bidder in the past five (5) years which is related to the services that the Bidder provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. AJ/4 24. ACKNOWLEDGEMENT OF ADDENDA: • Bidder acknowledges receipt of the following addenda: No. / Dated /o / 6 / No. Dated Na. Dated No. Dated No. Dated (Remainder of page left blank intentionally) • 18 B12-02 Blackwood Landscaping e N to 3 O N - -1 - -1. -1 i - _i J .-S o 01 . W N 0 lD W v 0) al A W N 0 03 CD Oo -1 t \rn� 0 J G r 0 0 (� ¢. — g» v vr5 p ao 0.tn *xcnr Ig t W ' c a o * 0 = . n c p n N to -- Q N T w a 0 7 a. . O g 0 a CD S( to 0 a) a 0 . rn G ---now 0 v .� al v 0 cs m m m 3 o Cl ■ , O 3 ' .< 0 CO m ' `1) , m m ' x CO Ea) t= .;% 0 s 7' 0 0 x r A m 0 co 0 0 r 3 if) °' g 3 a r ,74" 3 m ' o _4 3 Y e Q `< 3 of -, c CO . m o Z 0 � O _ Z 0 o a c rii w v co co Z 0 0) o r" i r o 03 CA r z m x °° Z N v G) N - 20 m ��rr a�rrtt ��rr11 a�rrtt �� rrtI f�iTtt amrt a�rnt a�rtt amrt O�trtt �� i N f {71 nDD D DDDDDD y trJ ri co al N C Cn A CT N N_. N Cpl _, y Z cy) O N C O 0 O 0 - CO O CO CO A I.) ." d p W b 0 �o e6'- -.< I t t, ° -c Lie 8 � tri tml n � W ^ .�,i� N� J N Niv 0 s ;� CI I 1 to r rn ' -- ' m to N �, o 9 z z S N El 2 0 o GU A ,:1 tli K• r co m 11 o Q. -s m • 0- r O f, o. 0 7 o or r' c t CD v GO - n A) c , cn m cn 0 • Q m z t"' u4 0 m m cn -4 n 7U o 0 m FS c y � cn o r . 3 n l7 1- C p ry C I - r - -a< c z �,_� o z ►— . z o �1 3 0 7 a d �n - n n r b n rn f) r a; z C d m 0 n a R3 D y 0 #O &, r0 N �d v 0 NJ d b a ay x n t N — o S *i °Q © 4 b N t Bid #B12 -02 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID FORM" ARE ACCURATE AND WITHOUT COLLUSION. THE PERSON SIGNING THIS BID SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY INTO A LEGAL CONTRACT. Pe-i Lar,dsccipe L,c. L/0 F72 - .Po 96 COMPANY NAME TELEPHONE (INCLUDE AREA CODE) V07- 2 99 - Tt 1r FAX (INCLUDE AREA CODE) Ti/' A y . Pc-, Peel 4 Co( E -MAIL ADDRESS f IF REMITTANCE ADDRESS IS DIFFERENT AUTIRIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: TiAred pe^f / Treasurer — NAME/TITLE (PLEASE PRINT) 1P76 Bic4e i!Cwc.,0d A-ve. STREET ADDRESS Ga}d,a, FL- Pr? .ri CITY STATE - ZIP FEDERAL ID # ZO — O Y.- 0 7- 5 ' 1 Individual ✓ Corporation Partnership Other (Specify) j Sworn to and subscribed before me this / I C day of , 20 / l Personally Known or Produced Identification f Pt— , 9 c:30 -Y33 lS b - go? -6 Notary Public - S e of /✓L Z; (Type of Identification) ' County of .111/ft 41 „wn„ JANBIBI HALDERALI KABANI 0 - - , + 1 C 0' -.-,, P u e : Notary Public - State of Florida Signature of Notary E. a �.1 My Commission Expires Jul 5, 2012 , // � r ;" 4: Commission ft DD 790207 P r /1.� I' /l, 06 J,�V r s Borded Throrgh '' % ; ; � �'� National Notary Assn• Printed, typed or stamped Commissioned name of Notary Public 52 B12-02 Blackwood Landscaping SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Pent Landscape Inc , as Principal, and Great American Insurance Company _ as Surety, are hereby held and firmly bound unto the City of Ocoee, Florida, as Owner, in the penal sum of, (5 percent of the Contract Bid) $ Six Thousand Two Hundred Fifty Dollars and Zero Cents (written amount in dollars and cents) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this 10th day of October , 2011 The Condition of the above obligation is such that whereas the Principal has submitted to the City of Ocoee, Florida a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the B12 -02 Blackwood Avenue (Project). Landscaping & Irrigation Project NOW THEREFORE 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any. damages, costs, or expenses, including attorney's fees, incurred by Owner that are proximately caused by such default. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 00410 -1 10/10/2011 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2 All bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety (90) days from the time and date fixed for the opening of Bids (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in' no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision 00410 -2 10/10/2011 of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein includes a bid, offer, or proposal as applicable. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. BIDDER: Strike out (X) non - applicable signature blocks and complete applicable block. All signatures must have their names printed or type below their signature. If Bidder is SOLE PROPRIETORSHIP, complete this signature block. (1) (Individual's Signature) (Witness) (2) (Individual's Signature) (Witness) doing business as (SEAL) (Business Address) (Telephone No.) (Florida License No.) 00410 -3 10/10/2011 If Bidder is PARTNERSHIP, complete this signature block. (1) (Partnership Name) (Witness) (2) (General Partner's Signature) (Witness) (General Partner's Name) (SEAL) (Business Address) (Telephone No.) (Florida License No.) 00410 -4 10/10/2011 If Bidder is CORPORATION, com • lete this si ., i ature block. La,c)seciP e'rt (1) If _ 14 - r ' (Corporation Name) (Witness) P7or J (2) 634. L. (State of Incorporation) itness) B J Ct rc (Name of Person Authorized to Sign - See Note 1) (SEAL) ' (Title) /real (Authorized Signature) (Corporation President) it c Ctatkwoce Aut. Go#,a, FL Piny/ (Business Address) V07- 2q9 -Pgir Rxoo6s`P5' (Telephone No.) (Florida License No.) 00410 -5 10/10/2011 SURETY Witness: (If agency is not a Corporation) Great American Tnsuranre Company (Surety Business Name) (1) (Witness) :1 ._ . -- . .._ • (Princi s al ' la - of Business) 4 52 0 2 (2) /W ' (Witness) By: r (Surety Age is : ignature - See Note 2) Att (If Agency is a Corporation) Matt West (Surety Agent's Name) (Corporate Secretary Signature) (Surety Agent's Title) (Corporate Secretary Name) O'Neil. T,Qe & West (Business Name of Local Agent for Surety) (Corporate Seal) 605 E Robinson St Ste 320 Orlando (Business Address) FL 3 2 8 01 407 - 425 -3411 1- 96 -52 -30 (Telephone No.) (Bond No.) NOTES: (1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate employee other than president or vice - president. (2) Complete and attach a certified copy of "Power -of- Attorney" prepared by Surety appointing individual "Attorney -in- Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized "Attorney -in- Fact ". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. 00410 -6 10/10/2011 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513- 369 -5000 • FAX 513 - 723 -2740 The number of persons authorized by this power of attorney is not more than One No. 0 018444 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney - in -fact, for it and in its name. place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power MATT WEST ORLANDO, FLORIDA $100,000 This Power of Attorney revokes all previous powers issued in behalf of the attomey(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 31ST day of MAY . 2007 . Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513- 412.4602) On this 31ST day of MAY, 2007 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio. that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company. and that he signed his name thereto by like authority. • This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, .from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the natae thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this day of S1029V (5/06) Mayor colter of Good Commissioners S. Scott Vandergrift S ��e !�'r� ;�, Gary Hood, District 1 • r a , b•• Rosemary Wilsen, District 2 City Manager k O CORE Rusty Johnson, District 3 Robert Frank r Joel Keller, District 4 - Florida CITY OF OCOEE INVITATION TO BID #B12 -02 BLACKWOOD AVENUE LANDSCAPING & IRRIGATION PROJECT City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 905-3194- www.ocoee.org TABLE OF CONTENTS FOR BID #B12 -02 BLACKWOOD AVENUE LANDSCAPING & IRRIGATION PROJECT BID DOCUMENTS Section Page Legal Advertisement 3 Bid Instructions 4 - 6 General Terms & Conditions 7 - 18 List of Subcontractors*, p. 17 Equipment Listing *, p. 17 References /Experience *, p. 17 Summary of Litigation*, p. 18 Acknowledgement of Addenda*, p.18 SCOPE OF WORK, BID FORM, AND PLANSHEETS Section Page Exhibit A — Scope of Work 19 -39 Section 1275 - Measurement & Payment 20 Section 2800 - Landscaping 22 Section 2810 - Irrigation 27 Section 2820 - Grassing 36 Exhibit B — Substitution List* 40 Exhibit C — Bid Form * 41 -42 Exhibit D — Plansheets, also available as .pdf attachments on Demandstar 43 Exhibit E — Proposed Contract 44 -49 Exhibit F— Application for Payment Form 50 -51 Company Information and Signature Sheet *, p. 52 *Submit with Bid End Table of Contents 2 B 12 -02 Blackwood Landscaping LEGAL ADVERTISEMENT Invitation to Bid The City of Ocoee, Florida, (the "City ") is soliciting sealed bids for the following project: BID #B12 -02 BLACKWOOD AVENUE LANDSCAPING & IRRIGATION PROJECT. Bids will be received at the office of Joyce Tolbert, CPPB Purchasing Agent, Finance /Purchasing Department, Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 pm, local time, on October 11, 2011. Bids received after that time will not be accepted under any circumstances. Sealed Bids that have been timely received will be publicly opened and read aloud at that time. No Pre -bid conference is scheduled at this time. Prospective bidders may secure a copy of the documents required for submitting a bid through Onvia/Demandstar by accessing the City's website at http: / /www.ocoee.org under Finance /Purchasing. Partial sets of the documents required for submitting a bid will not be issued. By using Onvia/Demandstar, prospective bidders will be provided with all addendums and changes to the project requirements; Fees may apply for non - members. Membership with Onvia/Demandstar is not required to submit a bid. Persons other than prospective bidders may inspect the documents required for submitting a bid at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office that request copies will be required to pay a fee as prescribed by statute. Beth Eikenberry, City Clerk, September 25, 2011. 3 B12 -02 Blackwood Landscaping CITY OF OCOEE INVITATION TO BID #B12 -02 BLACKWOOD AVENUE LANDSCAPING & IRRIGATION PROJECT INTENT: Sealed bids for Bid #B 12 -02 will be received by the City of Ocoee, hereinafter called "City" or "Owner," by any person, firm, corporation or agency submitting a bid for the work proposed, hereinafter called "Bidder ". All work to be performed by the bidder that receives the Award shall be performed by a person or persons who are appropriately licensed to perform the work required under the laws or regulations of the appropriate authority(ies) having jurisdiction. The proposed Contract will be for the labor, supervision, materials, equipment, supplies and incidentals for the Blackwood Avenue Landscaping & Irrigation Project in the City of Ocoee as listed under the "Scope of Work/Bid Form" section of this Invitation to Bid. BIDDING INSTRUCTIONS: A. Each Bidder shall furnish the information required on the bid form supplied and each accompanying sheet thereof on which an entry is made. Bids submitted on any other format shall be disqualified. Please check your prices before submission of bid, as no changes will be allowed after bid opening. Bids must be typewritten or handwritten using ink. Do not use pencil. No erasures are permitted. Mistakes may be crossed out and the correction typed adjacent and must be initialed and dated by the person signing the bid. Bid documents must be signed by a legally responsible representative, officer, or employee and should be properly witnessed and attested. All bids should also include the name and business address of any person, firm, or corporation interested in the bid, either as a principal, member of a firm, or general partner. If the Bidder is a corporation, the bid should include the name and business address of each officer, director, and holder of 10% or more of the stock of such corporation. B. Any questions or concerns regarding this bid should be addressed in writing to the Finance Department, City of Ocoee, FL, Attention: Joyce Tolbert, CPPB, Purchasing Agent (407) 905 -3100, extension 1516, fax (407) 905 -3194, or email jtolbert @ci.ocoee.fl.us and must be received not later than 12:00 PM, local time, October 4, 2011. Any clarifications /changes will be made by way of written addenda only, issued by the Finance Department. Bidders should not contact other City staff or other City consultants for information before the bid award date. Any contact with any other member of the City Staff, City Commission, or its agents during this time period may be grounds for disqualification. C. This bid must be received as one (1) original and two (2) copies of the required submittals only by the Finance Department not later than 2:00 P.M., local time, on October 11, 2011. Bids received by the Finance Department after the time and date specified will not be considered, but will be returned unopened. "Postage Due" items will not be accepted. Bids transmitted by fax or e -mail will not be accepted. Bids shall be delivered in a sealed envelope, clearly marked with the bid number, title, and opening date and time to: City of Ocoee Finance Department Attention: Joyce Tolbert, Purchasing Agent 150 N Lakeshore Drive Ocoee, FL 34761 -2258 D. Bids will be publicly opened and read aloud in the Ocoee City Hall Conference Room, 150 N. Lakeshore Drive, Ocoee, Florida 34761 -2258 at 2:01 P.M., or as soon thereafter as possible, on the above - appointed date. Bidders or their authorized agents are invited to be present. The actual contract award will be made by the Ocoee City Commission at a later date. Please be aware that all City Commission meetings are duly 4 • B12-02 Blackwood Landscaping noticed public meetings and all documents submitted to the City as a part of a bid constitute public records under Florida law. E. All Bidders shall thoroughly examine and become familiar with the bid package and carefully note the items which must be submitted with the bid, such as: a) Bid Security in the form of a Cashier's or Certified check or Bid Bond; b) List of References/Experience; c) List of Subcontractors /Temporary Worker Agencies; d) Equipment Listing; e) Summary of Litigation; f) Bid Form g) Any other information specifically called for in these Bid Documents. F. Submission of a bid shall constitute an acknowledgment that the Bidder has complied with Paragraph E. The failure or neglect of a Bidder to receive or examine a bid document shall in no way relieve it from any obligations under its bid or the contract. No claim for additional compensation that is based upon a lack of knowledge or understanding of any of the Contract Documents or the scope of work will be allowed. All items quoted shall be in compliance with the bid documents /scope of work. G. No Pre -bid conference is scheduled at this time. H. Any response by the City to a request by a prospective Bidder for clarification or correction will be made in the form of a written addendum communicated through Onvia/Demandstar issued not later than twenty -four (24) hours before bid opening. It shall be the responsibility of each prospective Bidder to obtain a copy of all issued Addenda. The City reserves the right to issue Addenda concerning date and time of bid opening, at any time up to the date and time set for bid opening. In this case, bids that have been received by the City prior to such an addendum being issued will be returned to the Bidder unopened. In case any Bidder fails to acknowledge receipt of any such Addendum in the space provided in the bid documents, its bid will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a bid will constitute acknowledgment of the receipt of the Bid Documents and all Addenda. Only interpretations or corrections provided by written Addenda shall be binding on the City. Bidders are cautioned that any other source by which a Bidder receives information concerning, explaining, or interpreting the Bid Documents shall not bind the City. I. Any of the following causes may be considered as sufficient for the disqualification of a Bidder and the rejection of its bid: a) Submission of more than one (1) bid for the same work by an individual, firm, partnership or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships or corporations under common control may be considered to be the same entity; b) Evidence of collusion between or among Bidders; c) Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City; d) Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City's judgment and sole discretion, raises doubts as to Bidder's ability to properly perform the work; or e) Any other cause which, in the City's judgment and sole discretion, is sufficient to justify disqualification of Bidder or the rejection of its bid. 5 B 12 -02 Blackwood Landscaping J. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an award to provide any goods or services to a public entity, may not submit a bid on an award with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See s. 287.133(2)(a), Florida Statutes.] K. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119, Florida Statutes, and, except as may be provided by Chapter 119, Florida Statutes, and other applicable State and Federal Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection. Bidders are requested, however, to identify specifically any information contained in their bids that they consider confidential and /or proprietary and that they believe to be exempt from disclosure, citing specifically the applicable exempting law. All bids received in response to this Invitation to Bid become the property of the City and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. No bid may be withdrawn for a period of ninety (90) days after the time and date scheduled for the bid opening. A request for withdrawal or a modification of a bid may be submitted to the Purchasing Agent, in writing, at any time prior to the deadline for submitting bids. After expiration of the deadline for receiving bids, no bid may be withdrawn or modified. The City reserves the right to accept or reject any or all bids, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any bid, or to re- advertise for new bids. The City may accept any item or group of items of any bid, unless the Bidder qualifies its bid by specific limitations. The City may accept one or more bids if, in the City's discretion, the City determines that it is in the City's best interest to do so. The City reserves the right to award the contract to the Bidder which, in the City's sole discretion, is the most responsive and responsible Bidder. The City reserves the right, as an aid in determining which bid is responsible, to require a bidder to submit such additional evidence of Bidder's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all bids. (Remainder of page left blank intentionally). 6 B12 -02 Blackwood Landscaping GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) Each bid must be accompanied by a Cashier's /Certified Check upon an incorporated bank or trust company or a Bid Bond in an amount equal to five percent (5 %) of the amount of the bid. A combination of any of the former is not acceptable. Cash or company check will not be accepted as Bid Security. The cashier's check or Bid Bond is submitted as a guarantee that the respondent, if awarded the Contract, will after written notice of such award, enter into a written Contract with the City and as a guarantee that the respondent will not withdraw its bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids, in accordance with the accepted bid and bid documents. Please note that Cashier's /Certified Checks will be deposited. b) In the event of withdrawal of said bid within ninety (90) days following the opening of bids, or respondent's failure to enter into said contract with the City or failure to provide the City with other requirements of the contract documents or the bid invitation after issuance of Notice of Intent to Award by the City, then such respondent shall be liable to the City in the full amount of the check or hid bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the bid bond as liquidated damages and not a penalty. c) Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. d) The cost of the required bond and required insurance coverage is to be included in the bidder's overhead and is not eligible for reimbursement as a separate cost by the City. e) The checks of the three (3) most favorable bidders will be returned within three (3) days after the City and the successful bidders have executed the contract for work or until the 91 day after bid opening, whichever is earlier. The remaining checks will be returned within thirty (30) days after the opening of bids. Bid Bonds will be returned upon request following the same criteria as a check. 2. PERFORMANCE AND PAYMENT BONDS None Required if contract is under $200,000.00. 3. DEFAULT: As a result of bids received under this Invitation, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Contractor not meet the delivery deadline(s) set forth in the specifications or should the Contractor fail to perform any of the other provisions of the specifications and/or other contract documents, the City may declare the Contractor in default and terminate the whole or any part of the contract. Upon declaring the Contractor in default and the contract in whole or in part, the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions thereof and the Contractor shall be liable to the City for any excess costs resulting therefrom. In the event the Contractor has been declared in default of a portion of the contract, the Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where the Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City's rights and remedies hereunder. 7 B12-02 Blackwood Landscaping 4. PATENT INDEMNITY: Except as otherwise provided, the successful Bidder agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder. 5. PRICING: Pricing should be provided as indicated on the Scope of Work/Bid Form attached, to include any alternate bids. Please note that alternate bids will not be accepted unless specifically called for on the Scope of Work/Bid Form. In case of a discrepancy between the unit price and extended price, the unit price will be presumed to be correct. Cost of preparation of a response to this bid is solely that of the bidder and the City assumes no responsibility for such costs incurred by the bidder. The Bid form may not be completed in pencil. All entries on the Bid form shall be legible. The City reserves the right, but does not assume the obligation, to ask a Bidder to clarify an illegible entry on the Bid form. If the Bid form requires that the Bid price, or constituent portions of the Bid price, he stated in unit prices and total price; the unit prices and the total price for the stated number of units identified on the Bid form should be provided by the Bidder and be correctly computed. If there is an arithmetical conflict, between the unit price stated by the Bidder on the Bid form and the total price stated by the Bidder on the Bid form, the unit price stated by the Bidder on the Bid form shall take precedence. The City may unilaterally correct such arithmetical conflict on the Bid form to calculate the total price, utilizing the unit prices that have been identified by the Bidder. The taking of such action by the City shall not constitute grounds for the Bidder to withdraw its bid nor shall it provide a defense constituting discharge of the bid bond. The City reserves the right, but does not assume the obligation, to waive any mistake, omission, error or other irregularity that may appear on the Bid form. However, the City reserves the right to reject as non - responsive Bid forms that are incomplete or contain information that is not required. a) The Bidder represents that the article(s) to be furnished under this Invitation to Bid is (are) new and unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its usefulness. b) The prices in this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other Bidder or with any competitor; c) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor; d) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (s. 542.18, Florida Statutes, and all applicable federal regulations); e) Bidder warrants the prices set forth herein do not exceed the prices charged by the Bidder under a contract with the State of Florida Purchasing Division; and f) Bidder agrees that supplies /services furnished under this quotation, if awarded, shall be covered by the most favorable commercial warranties the Bidder gives to any customer for such 8 B12 -02 Blackwood Landscaping supplies /services and that rights and remedies provided herein are in addition to and do not limit any rights offered to the City by any other provision of the bid award. 6. DISCOUNTS: a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that discounts for payments within less than 30 days will not be considered in evaluation of bids. However, offered discounts will be taken for less than 30 days if payment is made within discount period. b) In connections with any discount offered, time will be computed from date of delivery and acceptance at destination, or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check. 7. SAMPLES: Samples of items, when required, must be furnished free of expense to the City and, if not called for within fifteen days from date of bid opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA: The contract will be recommended to be awarded to the overall lowest most responsive and responsible Bidder according to the following criteria: • Compliance with scope of work, specifications, terms, and conditions • Bid price • Warranty offered • Experience with similar work • Successful reference check 9. LITERATURE: If required by the scope of work, or the specifications, descriptive literature/brochures shall be included with this bid in order to properly evaluate make /model offered. Bids submitted without same may be considered non - responsive and disqualified. 10. BID PROTESTS: All Bid Protests shall be submitted to the Purchasing Agent in the following manner: 1. A Bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. 2. A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual, its addenda, and other bidding documents; and/or (b) applicable federal, state, or local law. No bid protest may be based upon questions concerning the design 9 B12-02 Blackwood Landscaping documents (drawings and specifications). The Bidder shall clarify all questions concerning the design documents of the project prior to submitting its bid. 3. The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. 4. The bid protest shall be filed with the Purchasing Agent not later than three (3) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. 5. The Purchasing Agent, on behalf of the Owner, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If Owner denies the protest, Owner may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. 11. PAYMENT TERMS: Payment will be based upon monthly applications for payment properly submitted by the Contractor to the Owner and based upon the percentage of work complete. The Owner shall deduct ten (10 %) retainage until the job is fifty (50 %) complete. Subsequent to the fifty percent (50 %) completion milestone, Owner shall reduce retainage withheld on each payment application to five (5 %) retainage. All retainage amounts shall be paid when the work is complete; unless otherwise stated in the contract. Payment for all applications for payment for work properly completed shall be made, not later than the Twenty -fifth (25 business day after the date on which the properly submitted Application For Payment is initially received by the Owner. No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services, have been received and accepted by the City in the quality and quantity ordered. Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. The City of Ocoee, Florida has the following tax exemption certificates assigned: • Florida Sales & Use Tax Exemption Certificate No. 85- 8013779974C -0; and • Pursuant to Chapter 212, Florida Statutes, the City is exempt from federal excise, state, and local sales taxes. 12. CONTRACT: a) The successful Bidder, hereinafter referred to as "Contractor," will be required to enter into a contract with the City. The contract shall be a written agreement similar to the ASCE standard construction contract or City- issued purchase order. Construction time will be thirty (30) days for substantial completion and forty -five (45) days for final completion from the Notice to Proceed. b) The City may in its sole discretion award any additional work, whether in the existing area, or in any additional area, to any third party, or such work may be performed by the City's employees. 10 B12-02 Blackwood Landscaping Contractor will be expected to cooperate with any or all other Contractors who may be performing work for the City. 13. SAFETY REQUIREMENTS: The Bidder guarantees that the services to be performed and the goods to be provided herein, shall comply with all applicable federal, state and local laws, ordinances, regulations, orders and decrees, including without limitation such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations. a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, Part 1926, and CFR 1910, General Industry Standards, that are applicable in construction work. b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. c) Assure that a certified first aid person is designated, phone numbers of physicians, hospital and ambulance services are posted (copy to Personnel Director, City of Ocoee) and that a first aid kit is available. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). f) Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required. h) Scaffolds shall have guard rails on all open sides and secured to prevent displacement. i) Powder actuated stud guns or low velocity and /or similar powder actuated tools require eye and ear protection as well as to ensure that all unauthorized personnel are well clear. j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. k) All heavy equipment must have, where applicable, (a) back -up alarms, (b) boom angle indicator, ( c ) load chart, (d) reeving, (3) fire extinguisher, (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. 1) Construction material shall not be stored so as to block exits. m) Ground fault circuit interrupters are required on all electrical circuits not part of the permanent wiring of the building. n) Personal fall protection must be provided at elevations exceeding ten (10) feet. o) Per City Ordinance, any Contractor using construction dumpsters within the City of Ocoee must obtain these services through Superior Waste Services of Florida, Inc. 14. DRUG -FREE WORKPLACE: If applicable, provide a statement concerning the Bidder's status as a Drug -Free Work Place or evidence of an implemented drug -free workplace program. 11 B12 -02 Blackwood Landscaping 15. CERTIFICATION OF NON - SEGREGATED FACILITIES The Bidder certifies that the Bidder does not and will not maintain or provide for the Bidder's employees any segregated facilities at any of the Bidder's establishments and that the Bidder does not permit the Bidder's employees to perform their services at any location, under the Bidder's control, where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking facilities provided for employees which are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. The Bidder agrees that (except where the Bidder has obtained identical certification from proposed contractors for specific time periods) the Bidder will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that the Bidder will retain such certifications in the Bidder's files. The non - discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. 16. STATEMENT OF AFFIRMATION AND INTENT: The Bidder declares that the only persons, or parties interested in their bid are those named herein, that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. The Bidder certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.) The Bidder certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, the Bidder agrees to immediately notify the City in writing. The Bidder further declares that a careful examination of the scope of services, instructions, and terms and conditions of this bid has occurred, and that the bid is made according to the provisions of the bid documents, and will meet or exceed the scope of services, requirements, and standards contained in the Bid documents. Bidder agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Bidder offers and agrees that if this negotiation is accepted, the Bidder will convey, sell, assign, or 12 B 12 -02 Blackwood Landscaping transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti -trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Bidder. The bid constitutes a firm and binding offer by the Bidder to perform the services as stated. 17. PUBLIC ENTITY CRIME STATEMENT: All invitations to bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." All Bidders who submit a Bid or Request for Proposal to the City of Ocoee are guaranteeing that they have read the previous statement and by signing the bid documents are qualified to submit a bid under Section 287.133, (2)(a), Florida Statutes. 18. PERMITS/LICENSES /FEES: a) Any permits, licenses or fees required will be the responsibility of the contractor; no separate payments will be made. Permit fees are waived for any City of Ocoee permits required. b) The City requires a City of Ocoee registration if permitting is required. Please contact the City's Building Department at (407)905 -3100 extension 1000, directly for information concerning this requirement. c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of the contractor. 19. INSURANCE REQUIREMENTS: The Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self - insurer by F.S. 440.57, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and /or subcontractor providing such insurance. 13 B12 - 02 Blackwood Landscaping • b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,000 /$500,000 /$500,000 for all the Contractor's employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor's employees not otherwise protected. • Include Waiver of Subrogation in favor of the City of Ocoee c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability & Property Damage Liability • $1,000,000 Combined single limit per occurrence (each person, each accident) • All covered automobile will be covered via symbol 1 • Liability coverage will include hired & non -owned automobile liability • Include Waiver of Subrogation in favor of The City of Ocoee 2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non- contributory. • $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS - COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL & ADVERTISING INJURY • Include Waiver of Subrogation in favor of the City of Ocoee 3) Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor's policy, as specified above. 4) Owner's Protective Liability Insurance: (NOT REQUIRED FOR BLACKWOOD LANDSCAPING PROJECT) As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent contractors and are directly imposed because of the named insured's general supervision of the independent contractor. The Contractor shall procure and furnish an Owner's Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. 5) Contractual Liability: If the project is not bonded, the Contractor's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. • $1,000,000 PER OCCURRENCE • $2,000,000 AGGREGATE 6) Commercial Umbrella: • $1,000,000 PER OCCURRENCE • $2,000,000 Aggregate 14 B12-02 Blackwood Landscaping • Including Employer's Liability and Contractual Liability 7) Builders Risk: (NOT REQUIRED FOR BLACKWOOD LANDSCAPING PROJECT) • $100,000 Any (1) Location • $1,000,000 Any (1) Occurrence 8) Certificates of Insurance: Certificate of Insurance Form (see sample attached), naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: 9) The name of the Insured contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. 10) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non - payment of premium. (Remainder of page left blank intentionally) 15 B 12 -02 Blackwood Landscaping OP 10 J DATE (MM'DD/FYrT) ACORD- CERTIFICATE OF LIABILITY INSURANCE BRAZE.1 11/04/04 I PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 0 'SWAM INSURER k an f.,t dtb9 A __ INSURER D: A dd QQqq re /BtOr'6 Name INSURER C: I INSURER O INSURER E: COVERAGES THE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE fOR THE POLICY PERNTO INDICATED. NOTWITHSTANDNO ANY REQUIREMENT, TERM OR MENTION Of ANY COHIIMCT OR OTHER DOCUMENT WRH REEPE01 TO WHO( TI115 CERTWICATE N AV BE 1961100 OR Y PER A AO , THE IN E URA CE A F MAT ORDED (WNW REDUCED 003 BY 0O 0I REIN IS SU0IECT TO ALL THE TERNS EXCLUSIONS AND CONOITWNS Of SUCH PO TN0R -RDUa ODETI'F�CG LLWTS LTR UUII TYPE OF INSURANCE IOUCY NUMBER P OATS wv DA E IMM/DO/YTI GENERAL EACH OCCURRENCE ' 51,000,000 MTV s 50, 000 ]( © COMllMERCM0RC IAL GENERAL LWIUTY PREMISES If, =ammo ■ CLAI MADE © OSGUR MEO EYP one W..) s 5 , 000 . PERSONAL /A/NIN1URY S 1, 0 00 , 000 DENERALAOGPEOATE 3 2, 000, 000 PRODUCTS • COMP/OP AGO • 5 2,000,000 GENT AGCAE APP PER: POLICYI LI 11(1 rite(' 1 11OC COMBO /EC/SINGLE LIMIT 3 1,000,000 *MAN AUT L W TRY (Es ,TyERN) © NIVUTO . ALL OWNED AUTOS ; OO Y NJURY 3 II SCHEDULED AUTOS SU © HIRED AUTOS BODILY (MORT WAY Y 3 (Pm EarldeN) • © NONIMWNEO AUTOS —� ill PROPERTY RAMAN MAGE : 3 AUTO OIAV• EA ACCNMEIR 5 OARApV LAMUIY EA ACC • 1 OTHER RANI AUTO AUTO O414.31 A0O3 EACH OCCURRENCE 1 1, 000, 000 X OCCUR IDICESSAT OOCU SpeIULMNLm AGGREGATE S 2 , 000 , 000 R CLAWS MADE 3 $ DEDWTBLE E . 1 RETENTION f WL 81A1 V• U1H- WORXER]COMI[NSATNSN AND X �TORV UIMITB� r FA E.1 -EACH ACCIOINT S 500,000 I EMPLOYERS' LUJIUTY MI ACCewMEUMEl EXCLUDED? CUTV! E.L. DISEASE -EA EMPLOYEE 1 500,000 E yyeelAUP b0160* mBR ester E.L. IDEASE • POLICY LIMIT . 3 500 , 000 6PECIAL 8 eels.. I Any 1 Loc 100, 071401 Builders Risk Any 1 Occ 1,000,000 DESCRIPTOR Df OPERATIONS 1 LOCATIONS / Veletas 1 EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PR The insurance evidenced by this car tificats shall name the certificate holders as an additional insured on the General Liability I, Umbrella Liability. Workers' Compensation, Employers' Liability 44 General Liability shall contain a Waiver of Subrogation in favor of the cartifioats holder. The cart if Lotto holder is added 6e a Tared iT8)L83 fa p Risk. CERTIFICATE HOLDER CANCELLATION °CONE 01 ENDUED ANT OF THE ABOVE DRUMMED POLICIES ES CANCELLED RETIRE THE (MAN_ TION DATE THERE OF, THE I6SLRNO'MEURER WILL ENDEAVOR TO MAN 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED To THE LEFT, EDT FAILURE TO DO 50 ERMA City of Ocoee IMPOSE NO OILIOATCN OR LIASILRY OF ANT MO UPON TAI INSURER. 53401111305 150 N. Lakeshore Drive RvRaExrnT1YEE. 00000 FL 16791 -2759 AUTHORIZED REPRESENTATIVE SD AMMO CORPORATION 193E ACORD IS (20011081 /fi-A& p I. & 16 B12 -02 Blackwood Landscaping 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and /or TEMPORARY WORKER AGENCY NAME /ADDRESS /FEDERAL I.D. NO. /CONTACT PERSON/PHONE #: (Attach additional sheets if necessary) The Bidder certifies that the Bidder has investigated each subcontractor /temporary worker agency listed and has received and has in the Bidder's files evidence that each subcontractor /temporary worker agency maintains a fully - equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor /temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. 21. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. 22. REFERENCES /EXPERIENCE OF RESPONDENT WITH SIMILAR WORK The Bidder shall complete the following blanks regarding experience with similar type of work. Bidder must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. DATE OF CONTRACT /AMOUNT OF PROJECT /CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT 17 B12-02 Blackwood Landscaping Have you any similar work in progress at this time? Yes, No _ Length of time in business Bank or other financial references: (Attach additional sheets if necessary) 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Bidder in the past five (5) years which is related to the services that the Bidder provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. 24. ACKNOWLEDGEMENT OF ADDENDA: Bidder acknowledges receipt of the following addenda: No. Dated No. Dated No. Dated No. Dated No. Dated (Remainder of page left blank intentionally) 18 B 12 -02 Blackwood Landscaping EXHIBIT A BID #B12 -02 BLACKWOOD AVENUE LANDSCAPING & IRRIGATION PROJECT SCOPE OF WORK Scope of Work The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City) is soliciting bids from qualified contractors to construct the Blackwood Avenue Landscaping & Irrigation. All work for the project shall be designed and constructed in accordance with the drawings and specifications prepared by Bellomo Herbert and Company, Inc. The proposed project will be awarded and constructed, if an award is made, in conformance with the plans and specifications. Bids shall be deemed to include all items necessary to furnish, deliver, and install all materials, equipment, incidentals, and services, including all labor, for the work, which is generally described as: The project consists of the removal and installation of landscaping which will consist of Sylvester Date Palms, Oaks, Magnolias, as well as other trees and shrubs. The project also includes installation of a complete irrigation system along Blackwood Avenue from Old Winter Garden Road to State Road 50 (approximately 0.25 miles). Substitutions: The undersigned, as Bidder, also agrees that the Total Bid reflects the equipment and material supplied by the listed manufacturers. If the Bidder desires to propose an alternate manufacturer, he may write in the name of such alternate in the substitution list included within this Bid Form, but he must, nevertheless, also supply a price for furnishing the listed manufacturer's product. If the proposed alternate manufacturer /supplier is determined "not equivalent" by Owner, then the Bidder must furnish the listed equipment and /or material by the listed manufacturer. (Remainder of page left blank intentionally) 19 B12 -02 Blackwood Landscaping SECTION 01275 MEASUREMENT AND PAYMENT PART I GENERAL 1.01 DESCRIPTION A. The Contractor shall receive and accept the compensation provided in the Contract as full payment for furnishing all materials, labor, tools and equipment for performing all operations necessary to complete the work under the Contract, plus any miscellaneous items and services that may not be specifically identified in the Contract Drawings and Specifications but that can be inferred from the Contract Drawings and Specifications and are necessary to produce a completed Work that is usable in a manner for which it was intended. If any items for a complete work are omitted or not shown, the Contractor shall furnish and install them without additional cost to the Owner, and also in full payment for all loss or damages arising from the nature of the Work, or from any discrepancy between the actual quantities of Work and quantities herein estimated by the Landscape Architect, or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the final acceptance by the Owner. B. The prices stated in the Bid Form include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the Work as shown on the Drawings and specified herein. The basis of payment for an item at the unit price shown in the proposal shall be in accordance with the description of that item in this Section. C. The Contractor's attention is again called to the fact that the quotations for the various items of Work are intended to establish a total price for completing the Work in its entirety. Should the Contractor feel that the cost for any item of Work has not been established by the Bid Form or Payment Items, he shall include the cost for that Work in some other applicable bid item, so that his proposal for the Project does reflect his total price for completing the Work in its entirety. D. The Contractor shall prepare and submit an Application for Payment once per month. 1.02 MEASUREMENT The quantities for payment under this Contract shall be determined by actual measurement of the completed items, in place, ready for use and accepted by the Owner, in accordance with the applicable method of measurement therefore contained herein. A representative of the Contractor shall witness all field measurements. 1;03 PAYMENT ITEMS, BASE BID Bid Item No. 1 & 2 — Mobilization /Demobilization and Maintenance of Traffic 1. Mobilization and Demobilization (Bid Item 1) – Includes all general costs of starting and ending the project work described, including transport of equipment and materials, portable toilets, construction signing, site clean up, and transport of construction trash and excess materials. The cost of any fencing, signs, markings, and other items necessary to secure each work site and to notify the public as to the hazards present is explicitly included in this bid item. Insurance and indemnification costs are part of this bid item. No more than 50% of this bid item can be paid on the first invoice and at least 25% must be invoiced in the final pay request. This bid item is not to exceed 10% of the total cost of the project. All work within the Wal -Mart property shall be completed prior to November 15, 2011. Access to the Wal -Mart property after November 15, 2011, can not be blocked at any time, 2. Maintenance of Traffic (Bid Item 4) – Includes all costs associated with construction signing, flagman traffic control, temporary directional signs, temporary pavement markings, barricades, and other 20 B12-02 Blackwood Landscaping devices and manpower required to direct motorized and pedestrian traffic around and through areas of construction, whether on the roadway or other locations where such traffic may be reasonably expected. Maintenance of traffic plans should be provided to the City before construction begins. It is expected that this bid item will be invoiced throughout the period of project activities with the first pay application containing a request for no more than 50% of the total bid price with the remaining 50% must be invoiced in the final pay request. Blackwood Avenue can not be completely dosed, • only partial lane closure allowed with prior approval of the City. Bid Item No. 3 - 21 — Landscape, Sod & Mulch 3. Description: This measurement and payment item shall consist of the furnishing and installation of all plant types, the furnishing and the placing of all mulch, fertilizer and planting soil as specified within the Contract Documents. This item shall also include plant care and any required replacing of plantings or restoring of damaged areas. 4. Measurement: Measurement of this item includes: A. Plant material - The quantity for payment will be the actual number of each type of plant material planted and accepted. B. Mulch - The quantity for payment will be the actual square footage of sod installed and accepted. C. Mulch – The quantity for payment will be the actual volume quantity of cubic yards of mulch installed and accepted. 3. Basis of Payment: Payment of the work under this section will be paid for at the contract unit prices as listed in the bid form. • Bid Item No. 21 – Irrigation System 1. Description: This measurement and payment item shall consist of the installation of a complete irrigation system as delineated on plans, in accordance with applicable section of specifications, and including all valves, piping, wiring, sprinkler heads, fittings, riser steel, controllers, electrical distribution, and all other materials, labor, and equipment required for a fully operational and accepted irrigation system. 2. Measurement: This item is a lump sum unit. 3. Basis of Payment: Payment will be a lump sum amount for the complete irrigation system. PART II PRODUCTS (Not Applicable) PART III EXECUTION (Not Applicable) END OF SECTION 01275 21 B 12 -02 Blackwood Landscaping SECTION 02800 - LANDSCAPING PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 DESCRIPTION OF WORK: A. The extent of the landscape development work is shown on the drawings and in schedules. Completion of the work shall mean full and exact compliance and conformity with the Contract Documents. B. The work under this section includes supplying, installing and planting of trees, shrubs and ground covers in accordance with sound nursery practice and maintaining and watering them until Final Completion of the project. 1.3 QUALITY ASSURANCE: A. Qualifications of Installers: The Contractor shall have labor crews controlled and directed by a landscape foreman well versed in plant materials, planting, reading blueprints and coordination between project and nursery, in order to execute installation correctly. B. Contractor shall be licensed to do business in the State of Florida and within the municipality in which the project resides. C. Trees and Shrubs: Provide trees and shrubs grown in a recognized nursery in accordance with good horticultural practice. Provide healthy vigorous stock grown under climatic conditions similar to conditions in the locality of the project and free of disease, insects, eggs, larvae, and defects such as knots, sun - scald, injuries, abrasions, or disfigurements. All plant material shall be graded Florida No. 1 or better as outlined under Grades and Standards for Nursery Plants, State Plant Board of Florida. Additionally plant material selection and measurements shall follow industry standards as set forth in ANSI Z60.1 American Standards for Nursery Stock and shall follow plant naming conventions as described in Bailey's Hortus Third. Label one (1) plant of each variety with a securely attached waterproof label with common name, scientific name, frequency of fertilization and frequency of watering. 1.4 PROTECTION: A. The Contractor shall protect all materials and work against injury from any and all causes, and shall provide and maintain all necessary safeguards for the protection of the public. Plants shall be kept moist and not allowed to dry out or receive sun - scald. If planting operations are delayed keep plant material moist and in a shady location. B. Trees moved by winch or crane shall be thoroughly protected from chain marks, girdling, or other bark slippage by means of burlap, wood battens or other approved method. Protect plant material from damage from sun, wind and improper handling while being transported to project site with necessary methods. C. Container grown plants shall be carefully removed from the container so as not to disturb the root system. A spade shall not be used to cut containers. 1.5 EXISTING PROJECT CONDITIONS: A. The Contractor shall exercise care in digging and in the performance of other work so as not to damage existing work including underground pipes and cables. Should such overhead or underground obstructions be encountered which interfere with planting, the location of plants shall be adjusted to clear such obstruction. B. The Contractor shall be responsible for the protection of structures, utilities, paving, lawns and existing 22 B12 -02 Blackwood Landscaping landscaping and shall be responsible for the immediate repair of any damage caused by his work. C. Should any objectionable materials such as concrete, bricks or other debris be encountered during planting operations, the Contractor shall remove them from the site. 1.6 COORDINATION: A. The Contractor shall be responsible for coordinating his work with all other parties involved with the project in order to eliminate unnecessary complication during the installation of landscape work. 1.7 GUARANTEES: A. All plant materials, except sod, shall be guaranteed for one year from the date of Final Completion and shall be alive and in satisfactory growth for each specific kind of plant at the end of the guarantee period. B. Sod shall be guaranteed for a period of 60 days from the date of Final Completion. C. During the guarantee period, any plant required by the Contract Documents that is dead or not in satisfactory growth, as determined by the Architect, shall be removed and replaced. Replacement plants shall have a guarantee as specified above. All replacements shall be made within ten days of notice to the Landscape Contractor. D. Specifically excluded from the guarantee are damages resulting from natural causes such as floods, lightning strikes, freezing rains, damages from acts of negligence on the part of the Owner or others occupying the site, fires, vandalism and herbivorous animals. 1.8 SUBMITTALS: A. Submit soil test results as specified in Part 2.3.E, and Part 3.1.A. of this Section. B. Submit maintenance instructions as outlined in Part 3.7. of this Section. C. Contractor shall be responsible for tagging all plant material prior to plant installation. Submit representative photographic sample of each species for review /approval by Architect. PART 2 — PRODUCTS 2.1 NOMENCLATURE: A. Conform to the names given in Standardized Plant Names, 1942 Edition, prepared by the American Joint Committee on Horticultural Nomenclature. Names of varieties not included therein conform generally to names accepted in the nursery trade or as noted in Hortus Third, 1976 Edition by L. H. Bailey. 2.2 MEASUREMENTS: A. Plants shall be measured when branches are in their normal position. Height and spread dimensions refer to main body of plant and not branch tip to tip. .B. The measurements specified are the minimum size acceptable and are the measurements after pruning, where pruning is required. These measurements shall conform to ANSI Z60.1. Trees shall be measured at 6 inches above grade for trees up to and including 4" caliper and at 12" above grade for larger sizes. 2.3 TOPSOIL: A. On -site topsoil is acceptable for re -use in planting operations if it is amended to meet the requirements of these 23 B12 -02 Blackwood Landscaping specifications. Should additional topsoil be required it shall be imported by Contractor and shall follow the requirements noted herein. Topsoil shall be a friable loam, typical of cultivated topsoil locally, containing at least 4 percent of decayed organic matter (humus) as described in ASTM D5268. B. Material shall be taken from a well drained, arable site where topsoil occurs at least four inches deep. It shall be reasonably free of weeds, muck, clay, subsoil, stones, earth, clods, sticks, roots or other objectionable extraneous matter, construction materials or debris harmful to plant growth. Do not obtain topsoil from bogs or marshes. C. Topsoil shall not contain toxic materials and shall have an acidity range of pH 5.5 to 7.0. D. Topsoil from nut grass infested areas will not be acceptable. E. Prior to being delivered at the planting site, the topsoil shall have been approved by the Architect. Representative samples shall be tested for acidity, fertility and general texture by a recognized commercial or governmental agency. Locations and numbers of tests shall be determined by the Architect. Copies of the testing agency's findings and recommendations shall be furnished to the Architect prior to commencement of planting operations. Following treatment of topsoil as recommended by the testing agency, topsoil shall be re- tested to confirm that adequate amendments have been provided. Results of re- testing shall be furnished to Architect prior to the start planting operations. 2.4 FERTILIZER AND SOIL AMENDMENTS: A. Fertilizer shall be Agriform 21 GRAM Tablets, slow release, 20 -10 -5 analysis, or an approved equal. Rates of application shall be as follows: 1 -gal. can plants 1 tablet each 3 -gal. can plants 2 tablets each 5 -gal. can plants 3 tablets each Trees 1 tablet per each 1/2" of trunk diameter: For multiple trunks, the diameter measurements will be cumulative. B. Starter fertilizer shall be 6 -6 -6, 100% organic, with minor elements. This fertilizer shall have a 40% - 50% of its total nitrogen in a water - insoluble form. C. Lawn areas shall be treated with Agriform 34 -0 -7 Turfmix or approved equal. Fertilizer applied at a rate of 16 pounds per 1000 square feet. D. Soil used for planting (Planting Mix) shall consist of 2 parts of existing soil and 1 part domestic peat moss, mixed with 2 lbs. of starter fertilizer per cubic yard. 'E. Osmocote 18 -6 -12 slow - release or approved equal fertilizer at the rate of 16 pounds per 1000 square feet. This shall be applied on all tree rings and planting areas. F. Lime: If addition of lime is recommended by testing agency, lime shall meet ASTM C602 and be an agricultural limestone containing a minimum of 80 percent calcium carbonate, Class T with a minimum 99 percent passing through No. 8 sieve and a minimum 75 percent passing through No. 60 sieve. G. Sulfur: If addition of sulfur is recommended by testing agency, sulfur shall be granular, biodegradable, containing a minimum of 90 percent sulfur, with a minimum 99 percent passing through a No. 6 sieve and a maximum 10 percent passing through No. 40 sieve. H. Iron Sulfate: If addition of iron sulfate is recommended by testing agency it shall be granulated, ferrous sulfate containing a minimum of 20 percent iron and 10 percent sulfur. 24 B 12 -02 Blackwood Landscaping • I. Aluminum Sulfate: If addition of iron aluminum sulfate is recommended by testing agency it shall be Commercial grade, unadulterated. J. Perlite: If recommended by testing agency for drainage it shall be horticultural perlite, soil amended grade. K. Sand: If recommended by testing agency for drainage it shall be clean, washed, natural or manufactured, free of toxic materials. L. Peat: Finely divided or granular texture, with pH range of 6 to 7.5, containing partially decomposed peat, native peat or reed — sedge peat having a water — absorbing capacity of 1100 to 2000 percent. 2.5 MISCELLANEOUS LANDSCAPE MATERIALS: A. Mulch: 1. Medium Pine Bark Nuggets (1" to 1W) B. Anti - Desiccant: Emulsion type, film- forming agent designed to permit transpiration but retard excessive loss of moisture from plants. Deliver in manufacturer's fully identified containers and mix in accordance with manufacturer's instructions. C. Wrapping: Tree -wrap tape not less than 4" wide, designed to prevent borer damage and winter freezing. D. Stakes and Guys: Provide stakes and deadmen of sound new hardwood, treated softwood, or redwood, free of knotholes and other defects. Provide wire tires and guys of 2- strand, twisted, pliable galvanized iron wire not lighter than 12 Ga. with zinc - coated turnbuckles. Provide not less than 1/2" diameter rubber or plastic hose, cut to required lengths and of uniform color, material and size to protect tree trunks from damage by wires. Provide three (3) stakes (at 120 degrees apart) per tree minimum or as shown on Planting Details. PART 3 - EXECUTION 3.1 PREPARATION: A. The Contractor shall test each site area for soil pH. Provide and supply such soil amendments as are necessary to adjust the pH range of each area to a level that will provide optimum conditions for the vigorous growth of the specified new plant material and grass (5.5 -7.0). Submit test results and proposed soil amendments outline to the Architect prior to amending soils and prior to starting planting operations. 3.2 PLANT PITS: A. Circular pits with vertical sides shall be excavated for all plants. Diameter of pits for trees shall be at least 2' greater than the diameter of the root ball. Diameter of pits for shrubs shall be at least 1' greater than the root ball. 3.3 INSTALLATION /APPLICATION /PERFORMANCE: A. All plants except as otherwise specified, shall be centered in pits and set on compacted top soil to such a depth that the finished grade level at the plant after settlement will be slightly higher (3/4"-1") than that of surrounding grade. No burlap shall be pulled out from under root balls or be left exposed to view. B. Roots shall be spread in their normal position. All broken or frayed roots shall be cut off cleanly. Soil shall be placed and compacted thoroughly, avoiding injury and shall be settled by watering. No filling around trunks will be permitted. 'C. Layout individual tree and shrub locations and areas for multiple planting. Stake locations and outline areas and 25 B12 -02 Blackwood Landscaping secure Architect's acceptance before start of planting work. Make minor adjustments as may be requested. D. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids. When pit is one -half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix. E. Form temporary earth saucers with 6" high berm around all newly planted trees. Saucer diameter for trees 4" caliper or less shah be approximately 3'. Saucer diameter for trees greater than 4" caliper shall be approximately 6'. All trees shall be watered daily for the first month. Remove saucer berm as final mulching and sodding takes place. F. New planting shall be so set that the final level of ground around the plants shall conform to surrounding grades, or as otherwise specified. Provide positive drainage away from buildings and out of foundation plantings. .G. All plant beds, unless otherwise noted, including tree saucers, shall be top- dressed with 2" - 3" settled thickness mulch. All planters and mulched areas adjacent to pavement shall have mulch installed so that top of mulch is 1" below the final grade of the planter or adjacent paving. Do not place mulch within 2" of main stem of trees or shrubs (1%2" for groundcover). H. The amount of pruning on new plant material shall be limited to the minimum necessary to remove dead or injured branches to compensate for the loss of roots as a result of transplanting operations. Pruning shall be done in such a manner as not to change the natural habit or shape of a plant. All cuts over 1/2" diameter shall be treated with an approved antiseptic tree wound dressing. I. Locate tree stakes in undisturbed earth within mulch saucers but not within plant pit itself. 3.4 MAINTENANCE: A. The Contractor shall maintain all plant materials in a first class condition from the beginning of landscape construction until Final Completion, including proper watering. B. Maintenance shall include, but not be limited to, watering of turf and planting beds, mowing, cultivation, weeding, • pruning, disease and pest control, replacement of dead or unacceptable materials, straightening of trees which become out of plumb, straightening turf or planter settlement areas, guy wire repair and tightening, repair of wash- outs, and any other procedure consistent with good horticultural practices necessary to insure normal, vigorous and healthy growth of all work under this contract. 3.5 GRADES: A. It shall be the responsibility of the Contractor to finish (fine) grade all landscape areas, ensuring positive drainage away from buildings and eliminating all surface irregularities, depressions, sticks, stones, and other debris. 3.6 CLEANING: A. The Contractor shall at all times keep the premises (grounds and pavements) free from accumulations of waste materials or rubbish caused by his employees or work. 3.7 MAINTENANCE INSTRUCTIONS: A. Submit typewritten instructions recommending procedures to be established by Owner for maintenance of landscape work for one full year. B. Submit prior to expiration of required maintenance period. END OF SECTION 02800 26 B12 -02 Blackwood Landscaping SECTION 02810 - IRRIGATION SYSTEMS PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 DESCRIPTION A. Provide all labor, materials, transportation and services necessary to furnish and install irrigation systems as shown on the drawings and described herein. B. Coordination of work: The Irrigation Contractor shall be responsible to coordinate their installation with the Landscape Contractor. C. Details and Specifications: Contractor shall refer to the plans for details of all installation and the specifications on all installation. If there is a conflict between the information on the plans and in the written specifications, it shall be brought to the attention of the Owner's Representative for resolution. 1.3 QUALITY ASSURANCE & REQUIREMENTS A. Permits and Fees: The Contractor shall obtain and pay for any and all permits and all inspections as required. B. Manufacturer's Directions: Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used furnish directions covering points not shown in the drawings and specifications. C. Ordinances and Regulation: All local, municipal and state laws, and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications, and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations or requirements. However, when these specifications and drawings call for or describe materials, workmanship or construction of a better quality, higher standard, or larger size than is required by those rules and regulations, the provisions of these specifications and drawings shall take precedence. D. Superintendent: A Superintendent satisfactory to the Owner's Representative shall be on site at all times duringthe progress of work. The Superintendent shall not be changed except with the consent of the Owner's Representative. The Superintendent shall be authorized to represent the Contractor. E. Explanation of Drawings: 1. Due to the scale of the drawings, it is not possible to indicate all offsets, fittings, sleeves, etc., which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work furnishing fittings, materials, equipment and labor, as may be required to meet such conditions. Drawings are generally diagrammatic and indicative of the work to be installed. The work shall be in such a manner as to avoid conflicts between irrigation systems, planting and architectural features. 2. The work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. 3. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences and discrepancies in the area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the 27 B12 -02 Blackwood Landscaping attention of the Owner's Representative. In the event this notification is not performed, the Contractor shall assume full responsibility for any revision necessary. F. Underwriters Laboratories: Electrical wiring, controls, motors, and devices shall be UL listed and labeled. 1.4 SUBMITTALS A. Materials List: 1. The Contractor shall furnish the articles, equipment, materials or processes specified by name in the drawings and specifications. No substitution will be allowed without prior written acceptance by the Owner's Representative. 2. Complete material list shall be submitted prior to performing any work. Material list shall include the manufacturer, model number and description of all materials and equipment to be used. 3. Equipment or materials installed or furnished without prior approval of the Owner's Representative may be rejected and the Contractor required to remove such materials from the site at his own expense. 4. Approval of any item, alternate or substitute indicates only that the product, or products, apparently meet the requirements of the drawings and specifications on the basis of the information submitted. 5. Manufacturer's warranties shall not relieve the Contractor of his liability under the guaranties. Such warranties shall only supplement the guarantee. B. Record and As -Built Drawings: 1. The Contractor shall provide and keep up to date and complete "as- built" record set of blueline ozalid prints which shall be corrected daily and show every change from the and specifications and the exact "as- built" locations, sizes and kinds of equipment. Prints for these purposes may be obtained from the Owner's Representitive for a fee. This set of drawings shall be kept on the site and shall be used only as a record set. 2. These drawings shall also serve as work progress sheets and shall be the basis for measurement and payment for work completed. These drawings shall be available for reviews and shall be kept on site at all times. Should the record blue line as -built progress sheets not be available for review or not up to date at the time of any site reviews will be assumed no work has been completed. The Contractor will be assessed the cost of that site visit at the current billing rate of the Landscape Architect. No other on -site reviews shall take place prior to payment of that assessment. 3. The Contractor shall make neat and legible notations on the as -built progress sheets daily as the work proceeds; showing the work as actually installed. The relocated equipment and dimensions will then be transferred to the original as -built plan at the proper time. 4. Before the date of provisional acceptance, the Contractor shall transfer all information from the as -built prints to a single set of prints. All information shall be neat and legible. The owner shall receive one set of vellums of the as builts. The contractor shall be fully responsible to provide to all required information to the satisfaction of the Owner's Representative. 5. The Contractor shall dimension from two permanent points of reference, building corners, sidewalk, or road intersections, lines (dimension max. 100' along routing), the following; a. Point of connection. (i.e. Well, Meter, Reuse line) b. All mainline piping and control wiring. c. Directional turns of all mainline piping. d. Control and Quick coupling valves (when shown on the plan) e. Controllers. f. Other related equipment as directed by the Owner's Representative. (does not include heads) Head types shall be shown, but it is not necessary to dimension the location of each head. Any change in head type from that shown on the plans shall be indicated on the as- builts. 6. On or before the date of work review for provisional acceptance, the Contractor shall deliver the corrected and completed set of plans to the Architect. Delivery of the plans will not relieve the Contractor of the responsibility of furnishing required information that may be omitted from the prints. 28 B12 Blackwood Landscaping C. Operation and Maintenance Manuals: 1. Prepare and provide the following as specified by the General Conditions: a. Index sheet stating Contractor's address and telephone number and a list of equipment with name and addresses of local manufacturer's representative. b. Catalog and parts sheets on every material and equipment installed under this contract. c. Guarantee statement. 2. In addition to the above, provide the Owner's maintenance personnel with instructions for major equipment and show evidence in writing at acceptance inspection that this service has been rendered. 1.4 PRODUCT DELIVERY, STORAGE AND HANDLING A. Handling of PVC Pipe and Fittings: Exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject • it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new piping. 1.5 GUARANTEE A. The guarantee for the sprinkler irrigation system shall be made in accordance with the the General Conditions and following form. The general conditions and supplementary conditions of these specifications shall be filed with the Owner's Representative prior to acceptance of the irrigation system. B. A copy of the guarantee form shall be included in the operations and maintenance manual. C. The guarantee form shall be provided on the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the sprinkler irrigation system we have furnished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tear and unusual abuse or neglect excepted. We agree to repair or replace any defects in material or workmanship which may develop during the period of one year from the date of acceptance and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Owner. We shall make such repairs or replacements within a reasonable time, as determined by the Owner, after receipt of written notice. In the event of our failure to make such repairs or replacements within a reasonable time, we authorize the Owner to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefore upon demand. PROJECT: CONTRACTOR: PHONE NO.: ADDRESS DATE OF ACCEPTANCE: BY: PART 2 — PRODUCTS 2.1 MATERIALS 29 B12 -02 Blackwood Landscaping A. Use only new materials of brands and types noted on drawings, specified herein, or approved equals. • 2.2 PIPE & FITTINGS A. Pressure Main Line Piping: PVC CLASS 200, unless otherwise noted on drawing. B. Non - pressure lines: PVC CLASS 200. C. Low voltage conduit: PVC Sch. 40. D. All pipe and fittings shall conform to specific requirements as follows: 1. PVC (Solvent Weld) a. Pipe: Manufactured from virgin polyvinyl chloride compound in accordance with ASTM D 1784 or ASTM D 2241, cell classification 12454B, hydrostatic design less than 2,000 psi. b. Fittings (solvent weld or thread): Standard weight Schedule 40, side gated, injection molded PVC complying with ASTM D 1784, cell classification 4B, including threads when required. As manufactured by Lasco or Spears. No other manufacturer will be accepted. All solvent weld fittings shall be sch. 40 and all threaded fittings shall be Sch. 80. No male adapters shall be used. 2. PVC nipples shall be Schedule 80 with molded threads. 3. All PVC pipe must bear the following markings: a. Manufacturer's name. b. Nominal pipe size. c. Schedule or class. d. Pressure ratings in A.S.T. (not required on drip tubing). e. NSF (National Sanitation Foundation) approval (not required on drip tubing). f. Date of extrusion. 4. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be "Red Hot" blue glue as manufactured by Christy, Inc. 2.3 ELECTRICAL (HIGH VOLTAGE) A. All high voltage electrical service required for automatic controller and other equipment noted on the drawing for irrigation system will be provided on the electrical plans. 2.4 ELECTRICAL (LOW VOLTAGE) A. Connections between controller and remote control valves shall be made with direct burial AWG -UF, 600 volt wire, insulation thickness 3/64 inch, utilizing low density high molecular weight polyethylene insulation. B. Splices, where permitted, shall be waterproof using "one step connectors as manufactured by King. Boxes for other irrigation use may be utilized for this purpose, except where pull box has been designated on drawing. C. Wire sizing shall be a minimum of #14 "UF" 600 volt underground wiring. Common wire to be white in color and all 'hot' valve wires shall be red. Where the wires do not run in the same trench as the mainline, install all wire in sch. 40 PVC conduit a minimum of 18" below grade. 30 B 12 - 02 Blackwood Landscaping 2.5 REMOTE CONTROL VALVES A. As specified on the plans. 2 :6 SMALL SHRUBBERY SPRINKLER HEADS, ETC. A. As specified on the plans. 2.7 VALVE BOXES A. Valve boxes shall be fabricated from a durable plastic material resistant to weather, sunlight and chemical action of soils. (See detail on plans) The valve box and lid shall be purple when reuse water is being used or is expected to be used in the near future. B. Valve box extensions shall be by the same manufacturer as the valve box. C. Gate and quick coupling valves boxes shall be Carson 10' dia. (see quick coupler detail on plans) Provide two quick coupler keys to the Owner before final acceptance. The valve box lid shall be purple when reuse water is being used or is expected to be used in the near future. PART 3 - EXECUTION 3.1 SITE CONDITIONS A. All scaled dimensions are approximate. Verify all size dimensions prior to proceeding with work under this section. B. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damages to utilities that are caused by his operations or neglect. Verify existing utility drawings for existing utility locations. C. Coordinate installation of sprinkler irrigation materials including pipe, so there will be no interference with utilities or other construction or conflict in planting trees, shrubs and ground covers. D. The Contractor shall carefully verify all grades to assure that installation may safely proceed before starting work on the underground irrigation system. 3 :2 PREPARATION A. Water Supply: 1. Sprinkler irrigation system shall be connected to water supply points of connection as indicated on the drawings. 2. Connections shall be made at approximate locations as shown on the drawings, or as directed by the Owner's Representative. Contractor is responsible for minor changes caused by actual site conditions. B. Observation Schedule: 1. Contractor shall be responsible for notifying the Owner Representative in advance for the following observation meetings, a. Final inspection for approval - 48 hours. 31 • B12 -02 Blackwood Landscaping 2. When observations have been conducted by other than the Owner's Representative, show evidence in writing of when and by whom these observations were made. 3. No site observations will commence without as -built drawings. In the event the Contractor calls for a site visit without providing current as -built drawings, without completing previously noted corrections, or without preparing the system for said visit, he shall be responsible for reimbursing for th cost of the review at the current billing rate of the Owner's Representative, portal to portal (plus transportation costs), for inconvenience. No further site visits shall be scheduled until this charge has been paid and received. C. Final Observation Prior to Provisional Acceptance: 1. The Contractor shall operate each system in its entirety for the Owner's Representative at time of final observation. Any items deemed not acceptable by the Owner's Representative, or not in compliance with these specifications and drawings, shall be reworked to the complete satisfaction of the Owner's Representative 2. The Contractor shall show evidence to the Landscape Architect that the Owner has received all accessories, charts, record drawings, and equipment as required before final observation can occur. D. Physical Layout: 1. All piping or equipment shown on the drawing is shown diagrammatically. All piping shown outside planting areas shall be installed inside planting area whenever possible. 2. The Contractor shall install all heads at the spacing shown on the plan. Any changes to the layout shall be approved by the Owner's Representative prior to installation. The Contractor shall not reduce the number of heads shown to be installed to any area. Changes to the plan without the prior consent of the Owner may result in the contactor being responsible for the watering of the plant material or sod in this area. 3. Suplimental watering may be required for specific plants or trees through the grow -in period. It shall be the responsibility of the Landscape Contractor to provide the water, as required, for these plants until established. 3.3 INSTALLATION A. General: 1. All plastic pipe and fittings shall be installed in complete accord with manufacturer's specifications. 2. Line Clearance: All lines shall have a minimum clearance of 6 inches from each other and from lines of other trades. Parallel lines shall not be installed directly over one another. All installation and spacing shall be as per code. B. Trenching: 1. Excavate trenches to required depths. Follow approved layout for each system. 2. Trench bottom shall be flat to ensure piping is supported continuously on an even grade. 3. Where lines occur under paved areas, consider dimension to be below the sub - grade. 4. Provide minimum coverage as follows: a. Pressure supply lines (2 1/2 inches and larger): 18 inches. b. Non - pressure lines: 12 inches. c. Control wire: 18 inches. C. Backfilling: 1. No back filling shall be permitted without approval of the Owner's Representative. Buried pipe in trenches shall be center loaded only until all required tests are performed. Trenches shall be carefully back filled with the excavated materials approved for back filling, consisting of earth, loam, sandy clay, sand, or other materials, free from large clods of earth or stones. Backfill shall be mechanically compacted in 32 B12-02 Blackwood Landscaping landscaped areas to a dry density equal to adjacent grades without dips, sunken or other surface irregularities. 2. A fine granular material back fill will be initially placed on all lines. No foreign matter larger than 1/2 inch in size will be permitted. 3. Flooding of trenches will be permitted only with approval of the Owner's Representative. 4. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or plantings, or other constructio, the Contractor shall make all required adjustments without cost to the Owner. D. Trenching and Back fill Under Paving: 1. Trenches located under areas where paving, asphalt concrete or concrete will be installed shall be back filled with sand (a layer 6 inches below the pipe and 3 inches above the pipe), and compacted in layers to 98% compaction using manual or devices. Trenches for piping shall be compacted to equal the existing adjacent undisturbed soil and shall be left in a firm unyielding condition. Trenches shall be left flush with the adjoining grade. The Contractor shall set in place; cap and pressure test all piping under paving prior to the paving work. 2. Coordinate installation of piping and wires under paved areas. E. Assemblies: 1. Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various assemblies) in such a manner as to conform to the details per plans. 2. Where pressure supply lines are not installed in the same trench as the controller wires, a single length of 14 -awg UL tracer wire shall be wrapped around the mainline the length of the pipe. The tracer wire shall be orange in color. 3. Install all assemblies specified herein in accordance with respective detail. In absence of detail drawings or specification pertaining to specific items required to complete work, perform such work in accordance with best standard practice, with prior approval from Owner's Representative. 4. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. The Contractor shall be responsible to remove all nozzles and reclean heads if there is a break in the line that allows dirt or trash to enter the system. 5. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape or approved equal shall be used on all threaded PVC to PVC, and on all threaded PVC. Light wrench pressure is all that is required, threaded PVC adapters into which the pipe may be welded. 6. Quick coupling valves: Unless otherwise indicated, locate valves within 12 inches of bedlines (inside planting beds). 7. Controllers: Verify exact location with the Owner's Representative. F. Electrical Supply: • 1. Low voltage wiring shall be placed in the same ditch and along side of main lines unless otherwise approved. 2. When more than one wire is placed in a trench, tape wires together at maximum 12 feet on center. 3. Provide a 12 -inch expansion loop at each connection and directional change. 4. Use a continuous wire between controller and remote control valves. Except as otherwise approved, do not splice wire at any point. All approved splices shall be enclosed in an acceptable box. 5. Each controller shall be provided with separate ground wire. ,G. Flushing of System: 1. After all new sprinkler pipe lines and risers are in place and connected, all necessary diversion work has been completed and prior to installation of sprinkler heads, the control valves and full head of water to flush out the system. 2. Sprinkler heads shall be installed only after flushing of the system has been accomplished to the complete satisfaction of the Landscape Architect. 33 B12-02 Blackwood Landscaping H. Sprinkler Heads: 1. Install the sprinkler heads as designated on the drawings and in accordance with their respective detail. 3.4 TEMPORARY REPAIRS A. The Owner reserves the right to make temporary repairs as necessary to keep the sprinkler system equipment in operating condition. The exercise of this right by the Owner shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.5 FIELD QUALITY CONTROL A. Adjustment of the System: 1. The Contractor shall adjust all sprinkler heads and valves for optimum performance and to prevent as much as possible any overspray onto walks and roadways. No spray is permitted on buildings. 2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting. This may include changes in nozzle sizes or degrees of arc, as required. 3. All sprinkler heads shall be set perpendicular to finished grades unless otherwise designated on the plans and at height and distance from walks, buildings, etc. as noted. 'B. Testing of main line and non - sleeved lines under pavement: 1. Test all pressure lines and lines shown under pavement that cannot be installed inside a sleeve to a hydrostatic pressure of 100 p.s.i. and prove watertight. 2. Testing of pressure main lines shall occur prior to installation of electric control valves, quick couplers or any other equipment that might prevent a proper test from being performed. 3. All piping under paved areas shall be tested under hydrostatic pressure of 100 p.s.i. and proved watertight, prior to paving in planting area at static pressure. 4. Sustain pressure in lines for not less than 2 hours. If leaks develop, replace joints and defective equipment and repeat test until entire system is proven watertight. 5. All hydrostatic tests shall be made only in the presence of the duly authorized representative of the Owner. No pipe shall be completely back filled until it inspected, tested and approved in writing. 6. Furnish necessary force pump and all other test equipment. 7. When the sprinkler irrigation system is completed, perform a coverage test in the presence of the Owner's Representative, to determine if the water coverage for planting areas is complete and adequate. Furnish all materials and perform all work to correct any inadequacies of coverage due to deviations from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously adequate, without bringing this to the attention of the Owner's Representative. This test shall be accomplished before any ground cover is planted. 8. Upon completion of each phase of work, entire system shall be tested and adjusted to meet site requirements. 3.6 MAINTENANCE A. The entire sprinkler irrigation system shall be under full automatic operation for a period of seven days prior to any planting. B. The Owner's Representative reserves the right to waive or shorten the operation period. 34 B12-02 Blackwood Landscaping 3.7 CLEANUP A. Cleanup shall be performed as each portion of the work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be cleaned with a broom or washed down, and any damage sustained to the work of others shall be repaired and work returned to its original condition. 3.8 INSTRUCTIONS A. The Contractor shall be required to train Owner's maintenance personnel in proper operation of all major equipment. Provide written evidence of the person or persons so trained to the Owner's Representative. The contractor has sole responsibility to provide the owner with all product information concerning the installation and maintainence of all products. END OF SECTION 02810 35 B12 - 02 Blackwood Landscaping SECTION 02820 - GRASSING PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SCOPE: A. This section includes the furnishing and installation of grassing materials at areas indicated on the drawings. B. Excavation, filling and grading C. Grassing shall be performed by a knowledgeable nurseryman or landscaping specialist knowledgeable with climate conditions and planting requirements of the geographical area. 1.3 QUALITY ASSURANCE: A. Contractor shall comply with Industry Standards set forth in the following reference documents. 1. Florida Department of Agriculture, Grades and Standards for Nursery Plants 2. Baileys Hortus Third 3. ASPA (American Sod Producers Association) 4. TPI; Specifications for Turfgrass Sod Materials 5. AOSA; Journal of Seed Technology 6. ASTM B. Contractor shall conduct a pre - installation conference at the project site with sod /seed installer to comply with requirements of Division 1, "Project Management and Coordination ". 1.4 SUBMITTALS: A. Certification of grass seed — submit vendor(s), percentage be weight of each species and variety, and percentage of purity, germination and weed seed. Include the year of production and date of packing. B. Soil test results (See Section 2800 — Landscaping) C. Sod vendor name, address and phone number. Date of harvest of sod. PART 2 — PRODUCTS 2.1 TOPSOIL: A. Topsoil, topsoil testing and topsoil test submittals are specified in SECTION 02800 - LANDSCAPING B. Topsoil shall be stockpiled for re -use in grass work. If quantity of stockpiled topsoil is insufficient, provide additional topsoil as required to complete grassing. 2.2 FERTILIZER: A. Lawn fertilization and soil amendments are specified in SECTION 02800 - LANDSCAPING 36 B 12 -02 Blackwood Landscaping 2.3 GRASS MATERIALS: A. SOD: 1. Shall be strongly rooted sod, not less than two years old, free of weeds and undesirable native grasses and machine cut to pad thickness of 2" (± 1/4 "), excluding top growth and thatch. Provide only sod capable of vigorous growth and development when planted (viable not dormant). Sod shall be harvested, delivered, stored and handled according to requirements in TPI "Specifications for Turfgrass Sod Materials and "Specifications for Turfgrass Sod Transplanting and Installation" in it's "Guideline Specifications to Turfgrass Sodding ". 2. Sod shall be furnished in uniform pad sizes with maximum 5% deviation in length or width. Broken pads or uneven ends will not be acceptable. Sod pads incapable of supporting their own weight when suspended vertically with a firm grasp on upper 10% of pad will be rejected. 3. Sod shall be Argentine Bahia grass as noted on Landscape Plan and Plant Legend. Refer to drawings for limits of sod. PART 3 — EXECUTION 3.1 GENERAL: A. Utilities: Determine location of underground utilities and perform work in a manner which will avoid possible damage. Hand excavate, as required. B. Use care below drip -lines of existing trees when installing sod /seed. Work by hand as required. C. Correlate planting with specified maintenance periods to provide maintenance to the date of Final Completion. 3.2 PREPARATION: A. Preparation for Planting Portions of Lawns: 1. Loosen subgrade of lawn areas to a minimum depth of 4 ". Remove stones over 1 -1/2" in any dimension and sticks, roots, rubbish and other extraneous matter. Limit preparation to areas which will be planted promptly after preparation. 2. Spread topsoil to minimum depth required to meet lines, grades and specified elevations, after light rolling and natural settlement. Add specified soil amendments and mix thoroughly into upper 4" of topsoil. 3. Place approximately 1/2 of total amount of topsoil required. Work into top of loosened subgrade to create a transition layer and then place remainder of planting soil. Add specified soil amendments and mix thoroughly into upper 4" of topsoil. 4. Preparation of Unchanged Grades: Where lawns are to be planted in areas that have not been altered or disturbed by excavating, grading, or stripping operations, prepare soil for lawn planting as follows: Till to a depth of not less than 6 "; apply soil amendments and initial fertilizers as specified; remove high areas and fill in depressions; till soil to a homogenous mixture of fine texture, free of lumps, clods, stones, roots and other extraneous matter. 5. Prior to preparation of unchanged areas, remove existing grass, vegetation and turf as indicated on grading drawings. Dispose of such material outside of Owner's property; do not turn over into soil being prepared for lawns. 6. Apply specified commercial fertilizer at rates specified and thoroughly mix into upper 2" of topsoil. Delay application of fertilizer if lawn planting will not follow within a few days. 7. Fine grade lawn areas to smooth, even surface with loose, uniformly fine texture. Roll, rake and drag lawn areas, remove ridges and fill depressions, as required to meet finish grades. Limit fine grading to areas which can be planted immediately after grading. 8. Moisten prepared lawn areas before planting if soil is dry. Water thoroughly and allow surface moisture to dry before planting lawns. Do not create a muddy soil condition. 37 B12-02 Blackwood Landscaping 3.3 SODDING NEW AREAS OF LAWNS: A. Lay sod within 24 hours from time of stripping. Do not plant dormant sod or in freezing conditions. B. Allow for sod thickness in areas to be sodded. It shall be the responsibility of the Contractor to bring the sod edge in a neat and clean manner to 1" below the elevation of edges of pavement and even with the elevation of edge of shrub areas. After placement of sod, a top dressing of clean sand shall be evenly applied over the entire surface and thoroughly washed, if determined necessary by the Architect. Top dressing will not be required on properly installed sod. C. Lay sod to form a solid mass with tightly fitted joints. Butt ends and sides of sod strips; do not overlap. Stagger strips to offset joints in adjacent courses. Tamp or roll lightly to ensure a smooth, even surface that is in contact with subgrade. Work sifted soil into minor cracks between pieces of sod; remove excess to avoid smothering of adjacent grass. D. Anchor sod on slopes exceeding 1:6 with wooden pegs to prevent slippage. Space pegs as recommended by manufacturer. E. Water sod thoroughly with a fine spray immediately after planting. 3.4 MAINTENANCE: A. Begin maintenance immediately after planting. B. Maintain lawns for not less than the period stated below: 1. All lawns - not less than the date of Final Acceptance by the Owner. 2. A minimum of one mowing of all grassed areas is required following the completion of sodding and irrigation system installation /sprinkler head adjustment for purpose of identifying irrigation heads in need of adjustment (raising /lowering). Continue mowing until Owner's maintenance personnel assumes this responsibility or until final acceptance by the Owner, whichever is sooner. 3. Maintain lawns by watering, fertilizing, weeding, mowing, trimming, and other operations such as rolling, regrading and replanting as required to establish a uniformly smooth, acceptable lawn, free of eroded or bare areas. 4. Watering: Provide watering as soon as grasses are in place. Watering shall comply with both Osceola County and St. Johns River Water Management District requirements. Water turf areas with Owner's irrigation system where present and supplement with hoses and /or lawn watering equipment/water trucks in areas where irrigation system is not present/installed. 3.6 CLEANUP AND PROTECTION: A. During grassing work, keep pavements clean of soil and debris created by grassing work and keep work area in an orderly condition. B. Protect grassing work and materials' from damage due to grassing operations, operations by other Contractors and trades and trespassers by erecting barricades and warning signs as required. Maintain protection during installation and maintenance periods. Treat, repair or replace damaged grass work as directed. 3.7 INSPECTION AND ACCEPTANCE: A. When grass work is completed, including maintenance, the Architect will, upon request, make an inspection to determine acceptability. B. When inspected grassing work does not comply with requirements, replace rejected work and continue specified maintenance until reinspected by the Architect and found to be acceptable. Remove rejected plants and grassing materials promptly from project site. 38 B 12 - 02 Blackwood Landscaping 3.8 GUARANTEE A. Sod shall be guaranteed for sixty (60) days from the date of Project Final Acceptance by the Owner. END OF SECTION 02820 39 B12-02 Blackwood Landscaping EXHIBIT B SUBSTITUTION LIST Bidder offers the following substitutions and "equal" items. Deductible Amount* Equipment Alternative (Indicate Whether Item or Spec Manufacturer /Supplier Lump Sum or Material Section (List One Only) Unit Price) Represents 50 percent of the difference in cost (Minimum Deductible Amount per Substitution Item shall be $1,000; Bidder may make additional copies of this page, as required.) 40 B 12 -02 Blackwood Landscaping W g W a H cz U W CO Pi O 4 a. 4 M ° rn A • , N vT 0 0 0 0 0- `- O (� O) N O O O W a M �- N N N a (D uj N co N g dd QQ QQ Q Q Q QQ J J W W W W W W W W W W W W LL1 (n (A U -m' w 023 H o C m N z G m W m m Q • W X JZ r Q W D p m W m Q H x U O F z z o H °' ca a e4 C X O 0 z w = O A Y = N o U a U Q' w ° c a E > _ _ in cu RS E ea To CD 1-� 0 N 2 Y a U` N o r N L L . 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P^ litllf� r 1 ik 8 •!I G / G / VI : :I V il i i � su y lutk f r q� 11,��� to le it x 4i PPS I "t I � � 4 �ii� ;! : � .� ti — y — suit;A�I7. , i 4 r ibitO. . 1 7il,il_ii rr.hVOl ° W v �b��,i" f1 0 _ X9 1 ,,i • N w C � ' tit Y lia I IW til ;' I ., ►.. [ a t O0 0 0000 0 0 0 0 000000 0 00000000000 00 �� Igiv Ig 1 ii[ .. 1 , §X Ji l l ,C �4 .. \ r .- ::�. -ra. ... ,,.. w /, �� ' -- i / \ / i �� •r U a ,ra ,.a /: ♦its, V a _ ,c o _ :0 9 D • �p ED , , " CD ED r �9 � - F _ I r ::: � - Gr GI Gr G 1 1 a 1 :— f i g r li 1 EXHIBIT E PROPOSED CONTRACT FOR CONSTRUCTION NOTICE: Owner reserves the right to alter any contract provisions shown in this example. THIS AGREEMENT is dated as of the day of in the year by and between the City of Ocoee, a municipal corporation, hereinafter called Owner, and , hereinafter called Contractor. Owner and Contractor, in consideration or the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK Contractor shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: CITY OF OCOEE B12 -02 BLACKWOOD AVENUE LANDSCAPING & IRRIGATION PROJECT Scope of Work ARTICLE 2. Architect and Engineer The Project has been designed by Bellomo Herbert and Company, Inc.; however, the City Engineer or his designee is to act as Owner's representative, assume all duties and responsibilities of the project engineer, and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the work. ARTICLE 3. CONTRACT TIME 3.1 The work shall be substantially complete (all work complete except for the placement of permanent pavement markings on all final asphaltic concrete surfaces) within thirty (30) calendar days. The entire work shall be complete and ready for its intended use, including final dressing and cleanup, within forty -five (45) calendar days. All time periods begin from the effective date of the Notice to Proceed, as provided in paragraph 2.03 of the General Conditions (Commencement of Contract Time; Notice to Proceed). 3.2 Placing of permanent pavement markings on all final asphaltic concrete surfaces, if applicable, shall not be accomplished before thirty (30) calendar days have elapsed after placement of the final surfaces. The charging of Contract Time will be suspended during the thirty (30) calendar -day period provided the work is considered to be Substantially Complete, as provided inn paragraph 3.1 above. The charging of Contract Time will resume on the 31st day. 44 B 12 -02 Blackwood Landscaping 3.3 Contractor recognizes that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General and Supplementary Conditions. Contractor acknowledges that proving the actual loss and damages suffered by Owner if the work is not completed on time is impracticable and not susceptible to exact calculation. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Two Hundred Dollars ($200.00) for each day that expires beyond the date specified in paragraph 3.3 above for substantial completion Two Hundred Fifty Dollars ($250.00) for each day that expires beyond the date specified in paragraph 3.3 above for final completion (readiness for final payment). 3.4 In addition to the liquidated damages, there shall be additional incidental damages paid by the Contractor to the Owner for failure to timely complete the work. These may include, but not be limited to, delay damage settlements or awards owed by Owner to others, inspection and engineering services, interest and bond expense, delay penalties, fines or penalties imposed by regulatory agencies, contract damages, and professional fees (including attorneys' fees) incurred by Owner in connection with Contractor's failure to timely complete the work. 3.5 In addition to liquidated damages and incidental damages arising from Contractor's failure to perform the work, Contractor may be required to repay Owner for the cost of corrective actions undertaken by Owner to resolve construction defects. Such corrective actions include, but are not limited to, restoration of damaged areas, clearing of reclaimed water customer facilities to remove construction debris, repair and replacement of damaged reclaimed water customer equipment, and emergency repairs to the reclaimed water distribution system during the one -year warranty period. ARTICLE 4. CONTRACT PRICE 4.1 Owner shall pay Contractor for performance of the work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Form, DOLLARS AND CENTS, (NUMBERS), which is incorporated herein and made a part hereof by this reference. 4.2 The Contractor agrees that the Contract Price is a stipulated sum except with regard to those items in the bid which are subject to unit prices and agrees to perform all of the work as described in the Contract Documents, subject to additions and deductions by Change Order, and comply with the terms therein for the Bid stated in the attached Bid Form. ARTICLE 5. PAYMENT PROCEDURES Contractor shall submit applications for payment in accordance with Article 14 of the General Conditions. Applications for payment will be processed by Engineer, as provided in the General Conditions. 5.1 Progress Payments. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's properly submitted and approved Applications for Payment, as recommended by Engineer, not later than the Twenty -fifth (25 business day after the date on which the properly 45 B 12 -02 Blackwood Landscaping submitted Application For Payment is initially received by the Owner. All such progress payments will be on the basis of the progress of the work measured by the Schedule of Values established in paragraph 2.07 of the General Conditions (Initial Acceptance of Schedules) (and in the case of Unit Price, work based on the number of units completed) and included in Contractor's qualifications submittals. 5.1.1 Progress payments will be made in an amount equal to the percentage indicated in Paragraph 5.1.2, below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.02 of the General Conditions (Progress Payments). 5.1.2 Progress payments shall be equal to ninety percent (90 %) of the value of work completed, and ninety percent (90 %) of the value of materials and equipment not incorporated into the work but delivered and suitably stored and accompanied by documentation satisfactory to Owner, as provided in paragraph 14.2 of the General Conditions, with the balance of the value of the work being retainage. However, when the work has reached the point of being fifty percent (50 %) complete, the retainage may not exceed five percent (5 %) of the value of the work completed. 5.2 Final Payment - Upon final completion and acceptance of the work in accordance with Paragraph 14.07 of the General Conditions (Final Payment), as supplemented, Owner shall pay Contractor an amount sufficient to increase total payments to 100 percent of the Contract Price. However, not less than two percent (2% ) of the contract price shall be retained until Record Drawings, specifications, addenda, modifications and shop drawings, including all manufacturers instructional and parts manuals, are delivered to and accepted by the Engineer. ARTICLE 6. INTEREST All monies not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the rate of 6% simple interest per annum. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 7.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data." 7.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishings of the work. 7.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, performance, and furnishing of the work. 7.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that are identified in Section 00200 "Information Available to Bidders ". 46 B 12 -02 Blackwood Landscaping 7.5 Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect costs, progress, performance or furnishing of the work or which relate to any aspect of the means, methods, techniques, sequences and procedures, of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.6 Contractor is aware of the general nature of work to be performed by Owner and others at the site that relates to the work as indicated in the Contract Documents. 7.7 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.8 Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. 7.9 Contractor shall perform work with a value of not less than fifty percent (50 %) of the Contract Price with his own forces. ARTICLE 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between Owner and Contractor concerning the work, are attached to this Agreement, made a part hereof, and consist of the following: 8.1 This Scope of work Agreement (Section 00500). 8.2 Exhibits to this Scope of work Agreement (if any). 8.3 Performance Bond, Payment Bonds and Certificates of Insurance 8.4 Notice of Award and Notice to Proceed 8.5 Project Manual bearing the general title "City of Ocoee, Florida, Blackwood Avenue Landscaping & Irrigation Project" dated August, 2011. 8.6 Drawings consisting of a cover sheet and the sheets bearing the following general title: Ocoee, Florida Blackwood Avenue Landscaping & Irrigation 47 B12 -02 Blackwood Landscaping 8.7 Addenda numbers to , inclusive. 8.8 Contractor's Bid 8.9 Documentation submitted by Contractor prior to Notice to Award. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified, or supplemented, as provided in paragraphs 3.05 and 3.06 of the General Conditions. ARTICLE 9. MISCELLANEOUS 9.1 Terms used in this Agreement that are defined in Article 1 (Definitions) of the General Conditions shall have the meanings indicated in the General Conditions, as may be modified in the Supplementary Conditions. 9.2 No assignment by a party hereto of any rights under, or interests in, the Contract Documents 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 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. Notwithstanding the foregoing, the Owner may assign this contract to the State of Florida or any political subdivision, municipality, special district or authority thereof without Contractor's consent and without recourse. 9.3 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.4 Chapter 558, Florida Statutes: The parties agree that the provisions of Chapter 558, Florida Statutes are not applicable to this Agreement. 9.5 Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the Contract and Owner that each of the parties do hereby waive trial by jury in any action, proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Agreement. The parties further agree that the sole and exclusive venue for any action to enforce this agreement shall be in The Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. 9.6 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. (Signature page follows). 48 B12-02 Blackwood Landscaping IN WITNESS WHEREOF, the parties hereto have signed this Agreement for B12 -02 Blackwood Avenue Landscaping & Irrigation Project. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Engineer on his behalf. CONTRACTOR: BY: PRINT NAME: TITLE: WITNESSES: NAME: NAME: TITLE: TITLE: OWNER: CITY OF OCOEE, FLORIDA ATTEST: APPROVED: BY: BY: Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY on , under Agenda Item this _ day of FOLEY & LARDNER, LLP BY: Paul Rosenthal, City Attorney END OF SECTION 49 B 12 - 02 Blackwood Landscaping EXHIBIT F APPLICATION AND CERTIFICATE FOR PAYMENT FORM Application No. Progress Payment Final Payment Contractor: Contract Date: Application Date: For Period Ending City Project No.: Account No.: P.O. No.: Project Name: Blackwood Avenue Landscaping & Irrigation Project Construction Start Date: End Date: Construction Days - Elapsed: Remaining: 1. Original Contract Amount $ 2. Sum of Approved Change Orders to Date (from Table) $ 3. Current Contract Amount (Sum of Lines 1 and 2) $ 4. Total of Prior Pay Applications (including retainage) $ 5. Amount of this Pay Application (including retainage; from Bid Item Quantity Spreadsheet) $ 6. Total Earned to Date (Sum of Lines 4 and 5) $ 7. Total of Payments Made by City to Date $ 8. Retainage Held from Prior Pay Applications $ 9. Retainage to Be Held in this Pay Application $ 10. Total Retainage Held to Date (Sum of Lines 8 and 9) $ 11. Total Earned to Date less Retainage (Line 6 minus Line 10) $ 12. Total Earned less Retainage for this Pay Application (Line 5 minus Line 9) $ 13. Total Amount to Be Paid by City for this Application (Line 11 minus Line 7) $ Approved Change Orders Change Date Approved Date Accepted Total Change in Order No. by City by Contractor Contract Price Total (Write in Line 2, above) 50 B 12 -02 Blackwood Landscaping Contractor's Certification The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of Work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive (not applicable for first application.); and (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interest and encumbrances; (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents. Dated , 20 (Contractor) By: (Name) (Title) COUNTY OF STATE OF Before me on this day of , 20 personally appeared , known to me, who being duly sworn, deposes and says that (s)he is the of the Contractor above mentioned; that(s) he executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. Notary Public My Commission Expires Payment shown on Line 11 is recommended by City's Resident Project Representative By: Date: (Authorized Signature) Owner's Approval By: (Authorized Signature) Date: (Title) 51 B 12 -02 Blackwood Landscaping Bid #B12 -02 COMPANY INFORMATION /SIGNATURE SHEET FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID FORM" ARE ACCURATE AND WITHOUT COLLUSION. THE PERSON SIGNING THIS BID SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY INTO A LEGAL CONTRACT. COMPANY NAME TELEPHONE (INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) E -MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: NAME /TITLE (PLEASE PRINT) STREET ADDRESS CITY STATE ZIP FEDERAL ID # Individual Corporation Partnership Other (Specify) Sworn to and subscribed before me this day of , 20_ Personally Known or Produced Identification Notary Public - State of (Type of Identification) County of Signature of Notary Public Printed, typed or stamped Commissioned name of Notary Public 52 B12 -02 Blackwood Landscaping Cen ter of Good Lt Mayor � v Commissioners S. Scott Vandergrift �, 6 ., 11 r,;. ' Gary Hood, District 1 0 �1 Rosemary Wilsen, District 2 City Manager i ; C...Jj Rusty Johnson, District 3 Robert Frank _ Joel Keller, District 4 Florida October 6, 2011 ADDENDUM NO: ONE (1) CITY OF OCOEE BID #B12 -02 BLACKWOOD AVENUE LANDSCAPING & IRRIGATION PROJECT This addendum shall modify and become a part of the original bid documents for the Blackwood Avenue Landscaping Project. This addendum consists of one (1) page. Bidders shall acknowledge receipt of Addendum One (1) in the space provided on page 18 of the bid documents. Failure to do so may subject the bidder to disqualification. The bid date remains the same. Answers to questions received and /or amendments to the bid documents are: 1. Question Will import fill be required to bring beds to grade? Answer Yes. 1 Question What are the work restrictions? Answer Work restrictions are around the City's noise ordinance. Work is permitted 7am -9pm M -Sat. cd- lbert, CPPB Purchasing Agent City of Ocoee • 150 N Lalceshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 905 -3194 • www.ocoee.org