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HomeMy WebLinkAboutResolution_24-99/00_12/09/1999• • RESOLUTION NO. 24-99/00 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING BID CONTRACT TO AIELLO LANDSCAPE, INC., OF HOBE SOUND, FLORIDA, FOR THE REVERSE OSMOSIS WATER TREATMENT PLANT LANDSCAPE IMPROVEMENTS IN THE AMOUNT OF $25,896, HAVING A FY 1999/2000 WATER ENTERPRISE FUND, 1998 SERIES BOND CONSTRUCTION BUDGET ALLOCATION OF $26,000, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Contract Proposal for Reverse Osmosis Water Treatment Plant Landscape Improvements from Aiello Landscape, Inc., of Hobe Sound, Florida, attached hereto as Exhibit "A" and incorporated by reference as part of this Resolution is hereby approved and the Village Manager is authorized to execute the same on behalf of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember ~r-haiiPr who moved its adoption. The motion was seconded by Councilmember Walker and upon being put to a vote, the vote was as follows: FOR ADOPTION Joseph N. Capretta AGAINST ADOPTION Basil E. Dalack Carl C. Hansen Elizabeth A. Schauer Sharon D. Walker The Mayor thereupon declared the Resolution duly passed and adopted this 9th day of December, A.D., 1999. • MAYOR OF TEQUESTA ~ -;~ ~%~ G=am` s ~~ C Carl C. Hansen • ATTEST: -+e~.,~......~ Joann Manga 'ello Village Clerk Word\MyDOCUments\Resolutions 24-99-00 :7 • VILLAGE OF TEQUESTA WATER TREATMENT PLANT EXPANSION LANDSCAPE IMPROVEMENTS TABLE OF CONTENTS Page No. • ADVERTISEMENT FOR BID . SCOPE OF WORK INSTRUCTIONS TO BIDDERS BID QUOTATION QUALIFICATION OF BIDDERS GENERAL CONDITIONS . . TECHNICAL SPECIFICATIONS AGREEMENT . AB-1 SW-1 . IB-1-4 . BQ-1-3 . QB-1-2 . GC-1-6 . TS-1-9 . A 1- 4 • • VILLAGE OF TEQUESTA WATER TREATMENT PLANT EXPANSION LANDSCAPE IMPROVEMENTS ADVERTISEMENT FOR BID fq, 1999' Sealed bids will be received by the Village of Tequesta, at the Office of the Director of Utilities, 136 Bridge Road, Tequesta, FL 33469, until ~--9~9-'4'P'^ p.m., July I, 1999, at which time they will be opened and read. Bids received after the designated time will not be considered. Such bids are to provide for "WATER TREATMENT PLANT EXPANSION LANDSCAPE IMPROVEMENTS". All work. performed shall be in accordance with conditions, requirements, and specifications pertaining thereto, which may be obtained,- free of charge, at the Office of the Director of Utilities, at the aforementioned address. Inquiries should be directed to Matthew J. Morrison, Director of Utilities, 561-575-6234, hereinafter referred to as OWNER. Bids shall be submitted on blank Bid Quotation forms provided and shall be enclosed in a sealed envelope bearing the name and address of the bidder • and marked "WATER TREATMENT PLANT EXPANSION AND LANDSCAPE IMPROVEMENTS". The words "BID ENCLOSED" shall be indicated. Bids shall be accompanied by a satisfactory bid bond or cashier's check, drawn upon any State or National bank in Florida, made payable to the Village of Tequesta, in the amount of two percent (2%) of the bid, as a guarantee that the Bidder will enter into written contract with the Village to perform the contract bid upon. The deposit will be retained by the Village to ensure performance of the contract bid upon and as liquidated damages in the event the successful bidder fails to enter into the contract. The deposits of unsuccessful bidders will be returned promptly following execution of the contract and. delivery of proper certificates of insurance. 'As early as practicable and within sixty (60) days after receiving the bids, the Village shall advise as to the successful bidder. The Village of Tequesta reserves the right to reject any or all bids, with or without cause, to waive technical errors and informalities, or to accept the bid which, in its judgment, best serves the Village of Tequesta. VILLAGE OF TEQUESTA L` Matthew J. Morrison Director of Utilities AB-1 Bid ContractWTPLandscape6.99 APP~NUIX ~1 This document forms a part of the Village of Tequesta R. O. Water Treatment Plant Landscape Improvements Contract Documents and Modifies Page AB-1 of the - original documents. This Addendum #1 consists of one (1) page. - • VILLAGE OF TEQUESTA WATER TREATMENT PLANT EXPANSION LANDSCAPE IMPROVEMENTS ADVERTISEMENT FOR BID Sealed bids ~arill be received by the Village of Tequesta, at the Office of the Director of Utilities, 136 Bridge Road, Tequesta, FL 33469, until 4:00 p.m., November 19, 1999, at which time they will be opened and read. Bids received after the designated time .will not be considered. Such bids are to provide for "WATER TREATMENT PLn..NT EXPANSION LANDSCAPE IMPROVEMENTS". All work performed shall be in accordance with conditions, requirements, and specifications pertaining thereto, which may be obtained, free of charge, at the Office of the Director of Utilities, at the aforementioned address. Inquiries should be directed to Matthew J. Morrison, Director of Utilities, 561-575-6234, hereinafter referred to as OWNER. Bids shall be submitted on blank Bid Quotation forms provided and shall be enclosed in a sealed envelope bearing the name and address of the bidder and marked "WATER TREATMENT PLANT'EXPANSION AND LANDSCAPE IMPROVEMENTS". • The words "BID ENCLOSED" shall be indicated. Bids shall be accompanied by The deposits of unsuccessful bidders will be returned promptly following execution of the contract and delivery of proper certificates of insurance. a satisfactory bid bond or cashier's check, drawn upon any State or National bank in Florida, made payable to the Village of Tequesta, in the amount of five percent (5%) of the bid, as a guarantee that the Bidder will enter into written contract with the Village to perform the contract bid upon. The deposit will be retained by the Village to ensure performance of the contract bid upon and as liquidated damages in the event .the successful. bidder fails to enter into the contract. As early as practicable and within sixty (60) days after receiving the bids, the Village shall advise as to the successful bidder. The Village of Tequesta reserves the right to reject any or all bids, with or without cause, to waive technical errors and informalities, or to accept the bid which, in its judgment, best serves the Village of Tequesta. VILLAGE OF TEQUESTA __ atthe ~. orrison _ Director of Utilities • AB-1 • VILLAGE OF TEQUESTA WATER TREATMENT PLANT EXPANSION LANDSCAPE IMPROVEMENTS SCOPE OF WORK The Contractor shall furnish all labor, materials, equipment, and supplies necessary or proper for or incidental to' the work contemplated by this proposed contract. The work included shall consist of providing landscape plants, trees, and mulch. All work shall be completed in accordance with plans and specifications prepared by Reese, Macon & Associates of Lake Worth, FL (Water Treatment Plant Expansion Landscape Plan). • • sw-i • ~ VILLAGE OF TEQUESTA WATER TREATMENT PLANT EXPANSION LANDSCAPE IMPROVEMENTS INSTRUCTIONS TO BIDDERS 1. BIDS All bids shall be made on the blank Bid Quotation forms attached and shall set forth in words and figures the amount of each bid. 2. EXAMINATION OF SITE The bidder is required to examine the project site and must satisfy itself by personal examination or otherwise, of the location of the proposed work and actual field conditions, thereby precluding any dispute or complaint or misunderstanding in regard to the nature or amount of work to be done. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the • bidder has made such examination. 3. PREPARATION OF BID QUOTATIONS All blank spaces must be filled in with words and figures as required. If the bid is submitted by an individual, a firm or a partnership, it shall be signed by the owner or partner, showing the address of the firm or partnership. If submitted by a corporation, the bid shall be signed in the name of the corporation by the officer(s) of the corporation authorized-by its bylaws to execute such instrument, with the corporate seal affixed thereto and the address of such corporation indicated thereon. "=~4. BID QUOTATION SUBMITTALS Bid quotations shall be placed in a sealed envelope, so marked to indicate its contents, without being opened, in the form prescribed in the Advertisement For Bid. 5. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsible bidder, qualified to provide the work specified and who possesses a current Florida • Certified Landscape Contractor's license (FCLC). The bidder shall submit the following supplemental information using the enclosed forms: IB-1 A. Three (3) references for contractual work of a similar nature with a brief description of work and supporting documentation, including: project completion date; location; and, names, addresses- and phone numbers of knowledgeable representative of the owner. B. List of subcontractors to be utilized for the work. Include name, address and phone number for each. C. Number of years the bidder has been in business and the prior experience in working on similar projects with identified subcontractors. D. Verification of services available by a minimum of one (1) certified I.S.A. (International Society of Arboriculture) or similarly-cerfified individual assigned to cover Section 6 of the Technical Specifications. 6. INDEMNIFICATION/HOLD HARMLESS AGREEMENT The Bidder hereby acknowledges and confirms that the bid amount total includes the :consideration for indemnification/hold harmless provision, as set forth in General Conditions.. 7. INSURANCE REQUIREMENTS The Bidder offers to provide and maintain throughout the term of the work, insurance with all the subject features in accordance with instructions and requirements given in General Conditions. Proof of insurance or proof of ability to obtain must be submitted with bid. 8. LICENSES 9. ., The Bidder must hold and submit copies of its occupational licenses - unless exempt. Proof of exemption must be submitted prior to commencement of work. WITHDRAWALS If a Bidder wishes to withdraw a Bid Quotation after submitting it, Bidder may do so before the opening of .bids, without prejudice to itself, by requesting such withdrawal in writing, and when received, Bid Quotation will be handed to the Bidder or authorized agent.' 10. REJECTION OF BIDS Bids which contain any alteration, addition, condition, limitation, unauthorized alternates, or show irregularities of any kind, may be • rejected, by the_Village as non-responsive or irregular. The Village reserves the right to waive any irregularities, technicalities, or infoYmalities in any bid and to reject any or all bids. IB-2 11. ADDENDA • Changes. in plans, specifications or requirements will be issued in official addenda. The issuance of written addenda is the only official method whereby interpretation, clarification changes, or additional information can be given. If any addenda are issued, the Village Engineer will attempt to notify all known prospective bidders by fax or by mail. However, it shall be the responsibility of each Bidder, prior to bid submittal, to contact the Village Engineer to determine if addenda were issued and to make sure such addenda are incorporated into the bid. The Village Engineer shall not be responsible for providing said addenda to potential bidders who receive a bid package from other sources. 12. CONTRACT AWARD AND EXECUTION A. It is the intent of the Owner to award a Contract to the lowest responsible Bidder whose Bid is in conformance with the Bidding Documents and does not exceed the funds available. B. The Owner shall have the right to accept Alternates in any order or combination, and to determine the low Bidder on the basis of the sum of the Base Bid and any Alternates accepted (and the Time of Completion state), which produce a (combined) total Contract Sum (and Time of Completion) acceptable to the Owner. C. Upon acceptance of a Bid and award of Contract, the successful Bidder shall deliver the executed Contract, along with required bonds and any other items requested, to the Owner within ten (10) days. Failure to do so will be deemed as a breach of agreement by the Bidder and result in forfeiture of bid security as described in the Instructions to Bidders. 13. CONTACT PERSON FOR INQUIRIES Bidders desiring additional information or clarification of attached documents, should contact the Utilities Director - Matthew J. Morrison, at 561-575-6234. 14. PERFORMANCE, LABOR AND MATERIAL PAYMENT BOND A. With the execution and delivery of the Contract, the Bidder shall furnish the following Surety bonds of the forms contained herein: 1. Performance Bond guaranteeing full and faithful execution of the Work in an amount equal to 110 percent of the Contract Sum, ~ and including guaranteed repair and maintenance of all defects due to faulty materials and workmanship that appear within one (1) year after completion of contract. IB-3 2. Labor and Material Payment Bond guaranteeing full and proper • protection of all Claimants supplying labor and materials in the Work in an amount equal to 110 percent of the Contract Sum. B. Bonds shall be executed by Surety authorized to do business in the State of Florida and listed on the latest U.S. Treasury Department list of companies holding certificates of authority as acceptable sureties on Federal Bonds. C. Bonds executed by an Attorney-in-Fact on behalf of the Surety, shall have affixed thereto a certified and current copy of Power of Attorney, indicating the monetary limit of such power. • ,; IB-4 • VILLAGE OF TEQUESTA • WATER TREATMENT PLANT EXPANSION LANDSCAPE IMPROVEMENTS BID QUOTATION OF: Name: Address Telephone No.: to provide complete guidelines and perform all work in accordance with the specifications and contract documents attached hereto for the: Village of Tequesta P. O. Box 3273 Tequesta, FL 33469-0273 Gentlemen: The undersigned Bidder has carefully examined the plans, specifications, contract documents and the site of the proposed work and is familiar with the nature and extent of the work and any local. conditions that may in any manner affect the work to be done and the equipment and labor required. The undersigned agrees to do all work called for by said specifications and contract documents, in the manner prescribed therein and to the standards of quality established by same at a cost to the Village `of Tequesta equal to the total amounts indicated below: A. Trees/Palms ~ Est. Cost 1. LIVE OAKS A. 12' Ht. 5 Ea. $ 275.00 $1375.00 B. 20' Ht. 5 Ea. ' 2. LAUREL OAKS ~~`' ' $ 250.00 $2750.00 A. 12 Ht. 11 Ea. 3. SABAL PALM $ 115.00 $ 1840.00 A. 14' Ht. 16 Ea. B. 16' Ht. 16 Ea. 115.00 1840.00 C. 18' Ht. 16 Ea. 115.00 1840.00 4.YELLOW TABEBUTA $ 200.00 $ 2000.00 A. 12' Ht. to Ea. • SUB-TOTAL, TREES/PALMS $$15395.00 BQ-1 Est. Cost B. SHRUBS/GROUND COVER 1. COCOPLUM A. 24" Ht. 131 Ea. $ 8.00 $ 1048.00 2. DRACAENA A. 7' Ht. (5 Head. min.) 2 Ea. $ 150.00 $ 300.00 3. SANDANKWA VIB $ 8.00 $ 576.00 A. 24" Ht. 72 Ea. 4. SHILLINGS HOLLY " $ 8.00 $ 240.00 A. 12 Ht. 3o Ea. 5. IXORA $ 8.00 $ 376.00 A. 24" Ht. 47 Ea. 6. LILY TURF A. 12" Ht. 658 Ea. $ 4.00 $ 2632.00 7. PYGMY DATE PALM A. 4' Ht. (3 Head 3 Ea. $ 150.00 $ 450.00 min. ) 8. THRYALLIS " $ 8.00 $:1440.00 A. 24 Ht. 180 Ea. 9. MYRTLE WAX A. 3' x 2' Min. 273 Ea. $ 8.00 $ 21$4.00 C. SOD 20o sy $ .35 $ 630.00 SUBTOTAL, SHRUBS/GROUND COVER $ 9876.00 D. BID EXPENSE (PERFORMANCE BOND) ..... ..... .................. $ 625.00 TOTAL BASIC BID $ 25896.00 • BQ-2 • Note: Incidentals such as staking trees, fertilizer, mulch, soil, etc., to be included in the price of the related item. The undersigned also agrees as follows: 1. To perform additional services and provide necessary equipment, facilities, and materials for work not covered by the above Bid Quotations, which may be authorized by the Village and to accept as full compensation, therefore, such prices as may be agreed upon in writing by the Village and the Contractor in accordance with Item 14, in General Conditions, (Claims for Extra Cost). 2. To commence work no later than December 1, 1999 or within ten (10) days after the date of written Notice to Proceed, to substantially complete the entire Work within thirty (30) consecutive calendar days after the date of written Notice to Proceed, subject to such extensions of time allowed by the Conditions of the Contract, and to achieve Final Completion of the Work by no later than fifteen (15) days after the actual date of substantial completion. Accompanying this proposal is a certified check or a Bid Bond in the amount of $ 5% of total bi d(not less than two percent (2 0 ) of the base bid) , made payable to the Village of Tequesta, which is to be forfeited as liquidated damages, if, in the event this proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory contract bond under the conditions and within the time specified in the proposal; otherwise said certified or cashier's check or Bid Bond is to be returned to the undersigned. Dated this 19 day of November 1999. ~' CONTRACTOR: ~~E1r~-C~ I..{x--I/~~.,,~1~ II`-e ADDRESS : ~• ~' ~'-~~ ~~~ (Signature & Title) • BQ-3 ~. QUALIFICATIONS OF BIDDERS A. Three (3) references for similar landscape/streetscape projects (completed or current) performed by Bidder. 1. Name of Firm, City, County or Agency: VILLAGE OF TEQUESTA Address: PO BOX 3474 Telephone No. .561-575-6234 Joann Manganiello Asst. Village Manager Contract: Title: Summary of Services Performed: Country . Club Drive-streetscape Improvements Contract Dates: From May 4 1999 To: July 4 ~~ 1999 2. Name of Firm, City, County or Agency: Martin County Bd, of County Comm. Address: 2400 SE Monterey Road, Stuart, F(Felephone No. 561-288-5779 contract : Ray Krikorian Title: Project Manager • Summary of Services Performed• Savanna Road S treetscape Phase II Contract Dates : From March 17 1999 To : Apri 1.16 ~pcp 1999 3. Name of Firm, City, county or Agency: Sunrise Management Address: 275 Toney Penna Drive/Suite 10 Telephone No. 561=575-7792 upi ter, on a Contract: Craig Kunkle Title: f'` Summary of Services Performed: Seminole .Landing US #1 Buffer Landscape Contract Dates: From November 199 To: February. >QCOC~: 1999 QB-1 B. Proposed Subcontractq~s: 1. Name: Address: Phone No. Responsibility:.,, N/A- • 2. -Name: Address• Phone No. ` Responsibility:. C. Bidder to submit proof or copy of a minimum of one (1) Certified I.S.A. (International Society of Arboriculture) individual assigned to cover Section 6.0 of the Technical Specifications. Indicate individual's name and if working under Contractor or subcontractor (indicate name of Subcontractor). QB-2 • mk/Fo rms (2)Bids.5.i0.99 ~ .. , • VILLAGE OF TEQUESTA WATER TREATMENT PLANT EXPANSION LANDSCAPE IMPROVEMENTS GENERAL CONDITIONS 1. CONTENTS AND CLARIFICATIONS A. This proposed contract document consist of: • Advertisement for Bid • Scope of Work • Instructions to Bidders • General Conditions • Technical Specifications • Bid Quotation Form • Qualifications of Bidders Form B. The Village and Contractor are those mentioned as such in the Bid Quotation-form. C. Written notice shall be deemed to have been duly served, if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by Certified Mail to the last business address known to the person who gives the notice. D. The term "work" of the Contractor includes labor or materials or both, equipment, transportation, or other facilities and supplies necessary to complete the contract.. 2. CONTRACTOR'S UNDERSTANDING .. ,~ It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the. work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the performance of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Village, either before or after the • execution of this contract, shall affect or modify any of the terms or obligations herein contained. GC-1 3. MATERIALS, EQUIPMENT, EMPLOYEES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, signage, barricades, and other facilities necessary for the execution and completion of the work. The Contractor shall, at all times, enforce strict discipline and good order among its employees and subcontractors and shall not employ on the work any unfit person or anyone not skilled in the work assigned to that person. 4. COMMENCEMENT OF WORK The Contractor will be required to commence work under this contract no later than December 1, 1999 or within ten (10) days after issuance of a "Notice to Proceed". In any case, work shall not begin until Contractor receives "Notice to Proceed". 5. CAPACITY The Contractor must have the capability to perform contracted work on a timely basis and with proper equipment and supervision. The Contractor must adhere to procedures and schedules as set forth in the conditions and specifications. Failure to do so shall result in contract termination. 6. TRANSFER PROHIBITED The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest herein, or its power to execute such contract to any person, company or corporation without prior written consent of the Village. _,~ 7. SAFETY AND PROTECTION The Contractor shall continuously maintain adequate protection of all work from damage; and shall prevent injury or loss, arising in connection with work performed under this contract. Contractor shall. make good any such damage, injury, or loss, except that which may be directly due to errors in the contract documents, or caused by agents or employees of the Village. Contractor shall adequately protect adjacent property, as provided by the law, and shall provide guard fences, lights, directional/warning signage, barricades, and other facilities for -the protection required by applicable laws, public agency policies or local conditions. Until acceptance of the work by the Village, it shall be under the GC-2 • charge and care of the Contractor, and the Contractor shall take every necessary precaution against injury or damage to the work by the action of_ the elements or from any other cause whatsoever, and shall repair, restore and make good, without additional compensation, all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance. 8. OCCUPATIONAL AND ENVIRONMENTAL SAFETY AND HEALTH The Contractor shall comply with all applicable Federal, State and Local Laws regarding "Occupational Environmental Safety and Health". This shall include, but not limited to, compliance with the U.S. Department of Labor-Occupational Safety and Health and the Florida State Department of Labor Divisions of Safety Standards and Regulations. Upon request, the Contractor shall provide the village with a copy of their written safety program pertaining to the subject of the Bid/Contract, if such a program is required by law. All work involving the use of chemicals shall be in compliance with all Federal, State and Local Laws and shall be accomplished by a Florida Certified Pesticide Applicator. A current Florida Certified Pesticide Applicator license copy must be submitted to the Village with the Bid. • In compliance with Chapter 442, Florida Statutes, all fertilizers, fungicides, herbicides, pesticides, and all similar solid or liquid chemicals required to complete the work as described shall be accompanied by a Material Safety Data Sheet (MSDS). 9. JURISDICTION OF OTHER AGENCIES All construction activities or other operations occurring in the Water Treatment Expansion Landscape Improvements site shall comply with all rules, requirements, and regulations of the owners or agencies having lawful jurisdiction in such area. _~ 10. INSPECTION AND MONITORING BY VILLAGE The Village and its representatives will, at all times, have access to the work site. 11. INTERACTION WITH ABUTTING PROPERTY OWNERS The contractor shall make every reasonable effort throughout the course of the construction work to prevent hardships, inconvenience and disruptions to operations and maintenance activities at the Water • Treatment Facility. Care shall be taken to avoid blockage of roads and parking with equipment and materials; intrusion on lawn and landscaped areas other than those areas required to be disturbed GC-3 as part of the construction; and damage to other features due to equipment usage or careless actions of personnel. Any such damage determined to_be caused by the contractor shall be corrected promptly by the contractor. The contractor and all employees shall handle communications with property owner in a manner that is respectful and courteous. An English speaking employee shall be present on the job site at all times while work activity is occurring. 12. SCHEDULING OF WORK ACTIVITIES AND NOTIFICATION The Contractor shall execute the various activities required for the project so as to avoid having a given portion of the site under construction for an extended period. It is expected that the general phasing of activities will be as follows for each of several project areas as shall be mutually agreed by the Village and the Contractor prior to initiating construction: 1) Installation of trees and shrubs 2) Placement of mulch • 3) Clean up of site The above work phases shall be completed within a period of thirty (30) calendar days. 13. PAYMENT A. .Installation of plants, trees and mulch When the work provided for under this contract has been completed, and when the Contractor has made a written request for payment, and when such request is approved by the Village, the Village shall make payment to the Contractor in the amount of the t' request within twenty-eight (28) days after receipt of the request for payment. B. Maintenance/Warranty (See Technical Specifications Item G & H) 14. CLAIMS FOR EXTRA COST If the Village authorizes any additional services or improvements not covered by this contract, the Contractor will accept as full compensation therefore such prices as may be agreed-upon in writing by the Village- and the Contractor before the extra services are provided or work is commenced. GC-4 15. COMPLIANCE WITH CODES • All laws and safety regulations, National, State, and Local that are applicable to work performed under this contract, shall be strictly adhered to by the Contractor. 16. COMPLIANCE WITH LAWS All laws, National, State, and Local that are applicable to the project, shall be strictly adhered to by the Contractor. The Village requires the Contractor to comply with the Employment Eligibility Verification as required by Title 8, United States Code, Section 1324A. 17. LICENSES The successful Bidder must obtain all applicable Tequesta licenses upon award of contract and prior to commencement of any work under such contract. 18. PERFORMANCE It is the intention of the Village of Tequesta to contract professional landscape construction services, as specified herein, • from a source of supply that will give prompt and convenient service. The Contractor shall have the obligation to advise the Village promptly after determining that unnecessary damage or disruption has occurred to Village property or improvements thereon; that problematic mechanical, electrical, irrigation or other conditions exist so that public safety, health and welfare are endangered; or that remedial actions outside the scope of the Contractor's responsibility are indicated. Any failure of the Contractor to comply with the conditions and specifications of the contract may be cause for termination of said contract immediately upon notice by the Village or may result in one `~ or more sites being deleted from the contract with a corresponding reduction in the contract amount. The date of termination shall be stated in the notice. The Village shall be sole judge of non-performance. 19. INSURANCE - MINIMUM REQUIREMENTS The following minimum limits of coverage shall be maintained by the Contractor during the term of the contract: (A) Worker's Compensation 1) State (Coverage A) Statutory Amount 2) Employee's Liability (Coverage B) $500,000 GC-5 (B) Comprehensive General Liability 1) Bodily Injury: Each Occurrence $1,000,000 General Aggregate $1,000,000 2) Personal Injury/Advertising Injury: Each Occurrence $1,000,000 (C) Comprehensive Automobile Liability 1) Combined Single Limit (Bodily Injury and Property Damage) Each Occurrence $1,000,000 (D) Contractor's Comprehensive General Liability Insurance, Personal Injury/Advertising Injury Liability Insurance, and Business Auto Liability Insurance Policies shall designate the Village of Tequesta, P.O. Box 3273, Tequesta, FL 3.3469-0273, as additional insured. 20. INDEMNIFICATION/HOLD HARMLESS AGREEMENT The Contractor shall, in addition to any other obligation to indemnify the Village and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the Village, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: (a) bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed '~ by any of them, of anyone for whose acts any of them may be liable in .the performance of the work; or (b) violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by contractor in the performance of the work; or (c) liens, claims or actions made by the Contractor or any Subcontractor or other party performing the work. • GC-6 VILLAGE OF TEQUESTA 'WATER TEEATMENT PLANT EXPANSION LANDSCAPE IMPROVEMENTS TECHNICAL SPECIFICATIONS TREES AND PLANTS 1. GENERAL A. WORK INCLUDED The work included in this Section consists of furnishing and planting trees and plants of the species, size and quality in the location indicated on the drawings or as directed by the Village. B. PLANT MATERIALS 1. NOMENCLATURE All trees, shrubs and plants shall be true to name as established by the American Joint Committee on Horticultural • Nomenclature publication "Standard Plant Names". The designated authority for the identification of all material shall be the two publications of L.H. Bailey, "Hortus II" and "Manual of Cultivated Plants", and all specimens shall be true to type, name, etc., as described therein. 2. Plants Required The Contractor shall furnish all plants, trees and shrubs of the species and in the quantities shown on the drawings and listed in the Bid Quotation. 3. Grade Standards and Quality All plants shall be nursery grown and shall comply with all required inspections, grading standards and plant regulations as set forth in the Florida Department of Agriculture "Grades and Standards For Nursery Plants", including revisions. The minimum grade for all trees and shrubs shall be Florida No. 1 unless otherwise indicated and all plants shall be sound, healthy and vigorous, well branched and densely • foliated when in leaf. They shall have healthy, well developed root systems and shall be free of disease and insect pests, eggs or larvae. TS-1 - All plants shall conform to the measurements specified or • indicated on the drawings except that up to ten percent (10%) undersized plants in any one variety to grade may be used provided there are sufficient oversized plants to make the average equal to or above specified grade. Undersized plants shall be larger than the average size of the next smaller grade. Plants larger than specified may be used if approved by the Village, but use of such plants shall not increase the Contract price. The spread of roots or ball of earth for larger plants shall be increased in proportion to the size of the plant. 4. Plant Designation With reference to method of cultivation, root system status, etc., plants for landscaping shall be classified under the following designations: a. Balled and Burlapped: Plants so classified shall be dug with firm natural root balls of earth, of sufficient diameter and depth to include most of the fibrous roots. The root ball of these plants shall be properly wrapped with burlap sack material and remain protected and wet until they are planted. The plant shall be handled only the earth ball and not by the plant itself. All balled • and burlapped plants which cannot be planted immediately upon delivery shall be set on the ground and shall be well protected with soil, wet moss, or other acceptable material. The plants shall be set with the burlap cover intact and with the burlap showing, until inspection. At final inspection, the burlap may be cut away to ground level and then completely covered soil. As a specific requirement, balled and burlapped materials, 1-1/2 inches or more in caliper, shall be root pruned at least thirty (30) days before being dug and such fact shall be certified on accompany invoices. t b. Wire Balled and Burlapped: Plants grown in soil of a loose texture which does not readily adhere to the root system shall have wire placed around the burlapped ball before the plant is removed from the excavation. The wire shall be looped and tensioned until the burlapped ball is substantially packaged so as to prevent loosening of the soil around the roots during handling. Wire balled and burlapped plants shall otherwise comply with the requirements for balled and burlapped plants described in 4.a, above. c. Container Grown Plants: Container grown plants shall have been grown in a container large enough and for sufficient time for the root system to have developed TS-2 - well to hold its soil together (firm and whole). No • plants shall be loose iri the container. Plants which have become pot bound or for which the top system is too large for the size of the container, will not be acceptable. All containers shall be cut and opened fully, in a manner such as will not damage the root system. Container grown plants shall not be removed from the container until immediately before planting, when all due care shall be taken to prevent damage to the root system. d. Treespade Plants: Treespade plants shall be moved by a truck or tractor with a hydraulic machine with moveable plates extending below the rootball at an angle and having sufficient diameter size. The plants shall be properly handled during moving so that trunks will not be damaged and/or scarred and to avoid broken limbs. Treespade plants are to be planted similar to the planting operations outlined in Section D. The Contractor shall be responsible for backfiring treespade holes with proper size soil plugs. • 5. Transportation and Inspection Plant transportation shall comply with all Federal and State regulations therefore and, upon delivery at the site, all plants shall be inspected for conformity to specifications and for handling damage. Rejected plants shall be immediately removed from the site by the Contractor. C. PLANTING MATERIALS 1. Planting Soil Plants shall be planted in a 50/50 mix. 50% sand and 50% screened muck or approved equal (composted material is ~.+, acceptable) guaranteed as weed free. 2. Fertilizer a. Granular fertilizer shall be complete fertilizer, with minor elements of which 50% of the NPK elements shall be derived from organic sources. It shall contain the following minimum percentages by weight: Nitrogen N - 6 percent Phosphorus P - 6 percent • Potassium K - 6 percent TS-3 b. Tablet fertilizer to be 21 gram Agriform Tablet - Sierra • blend (20-10-5) applied as follows: 1 tablet per 3 gallon 2 tablets per 1" of trunk caliper (Palms excluded) 3. Mulch Shall be cypress wood chips 4. Antidesiccant Antidesiccant shall be "Wilt Pruf", or approved equal, delivered in manufacturer's containers and used in accordance with the manufacturer's instructions. 5. Water Suitable water for the irrigation of the new plantings during the progress of construction shall be provided by the Village via the Existing Irrigation System. 6. Wire Wire for the bracing and guying shall be pliable No. 12 gauge galvanized soft steel wire. • 7. Stakes and Ties Stakes and ties shall be provided in accordance with the requirements of Article D, Paragraph 4, hereinafter. 8. Sod All sod placed shall match existing. The sod quantity in the Bid Quotation reflects an estimated amount that may be required to form the landscape bids. This quantity will not be used for replacement of sod that is damaged during the landscape installation. ,~ D. PLANTING OPERATIONS 1. Excavation of Plant Holes Plant hole excavations shall be cylindrical in shape, with the sides vertical. Holes for trees and palms shall be 6" larger in all directions than the root balls and those for shrubs and ground cover shall be half of the container size larger in all directions. Plants shall be centered in the hole, with the trunk location as shown in the plans. Bottoms of the holes shall be loosened at least 6 inches TS-4 - deeper than the required depth of excavation. Unfilled excavations (including treespade holes) shall be marked in precautionary manner (flags or tape) until properly backfield. 2. Underground Obstructions Upon request from the Contractor, the Owner shall provide plans showing locations of underground utilities and/or will assist the Contractor in securing underground locations from other public utility companies, such as telephone, electricity, irrigation. In the event the rock, underground construction work, utility lines or obstructions out of the ordinary are encountered in any plant pit excavation, alternative locations shall be selected by the Village. Where locations cannot be changed and the obstructions may be removed, the obstructions shall be removed to a depth of not less than 3 feet below grade and no less than 6 inches below. bottom of balls or roots when plant is properly set at the required grade. 3. Setting of Plants • When lowered into the hole, the plant shall rest on a prepared hole bottom such that the roots are level with, or slightly above, the level of their previous growth and so oriented such as to present the best appearance. The Contractor, when setting plants in holes, shall make allowances for any anticipated settling of the plants. The backfill shall be made with specified soil and shall be firmly rodded and watered-in, so that no air pockets remain. The quantity of water applied immediately upon planting shall be sufficient to thoroughly moisten all of the backfilled earth. Plants shall be kept in a moistened " t condition for the duration of the planting period. Apply 6-6-6 fertilizer at rate of five pounds per cubic yard of backfill. 4. Staking and Guying Plants shall be staked in accordance with the following provisions: . A. Small Trees: For trees and shrubs of less than 1 inch caliper, the size of stakes and the method of tying shall be such as to rigidly support the staked plant TS-5 - against damage caused by wind action or other effects. Trees larger than 1 inch and smaller than 2 inch caliper shall be staked with a 2 inch stake, set at least 24 inches in the ground and extending to the crown of the plant. The plant shall be firmly fastened to the stake with two strands of 12 or 14 gauge soft wire, enclosed in rubber hose, or other approved covering. The wire shall then be nailed or stapled to the stake to prevent slippage. B. Medium Trees: All trees, other than palm trees, larger than 2 inch caliper and smaller than 3-1/2 inch caliper shall be staked with two, 2 inch by 4 inch stakes, 8 feet long, set 2 feet in the ground. The tree shall be midway between the stakes and held firmly in place by two strands of 12 gauge wire, applied as specified above for single stakes. The wires shall be tightened and kept tight by twisting. C. Larne Trees: All trees, other than palm trees, larger than 3-1/2 inch caliper, shall be guyed from at least three points with double strands of 12 gauge wire. Guy wires shall be anchored to 2 inch by 4 inch stakes, 24 inches long, driven into the ground at • least 2 feet and sufficient that the top of the stake. is at least 3 inches below the finished ground level. Tie wires shall be securely fastened to the tree by means of a collar of rubber hose, or other approved material. Guy wires shall be tightened and kept tight by twisting. D. Palm Trees: All palm trees shall have 6 layers of rublap wrapped around the trunk and three (3) 2" x 4" x 1"-0" wood cleats attached to the tree by wrapping with 12 gauge wire around the cleats and tree, and stapling the wire to the cleats. Three (3) 2" x 4" `~ braces shall be placed at 40° angles from the ground to the tree and nailed to the three wood cleats at a sufficient height to support the tree from wind action or other effects. A 2" x 4" x 2'-0" wood stake shall be nailed to secure the end of each brace to remain in contact with the tree and ground. 5. Pruning All broken or damaged roots shall be cut off smoothly and • the tops of all trees shall be pruned in a manner complying with standard horticultural practice. At the TS-6 time pruning is completed, all remaining wood shall be • alive. All cut surfaces of 1 inch or more in diameter, above the ground, shall be treated with an approved commercial tree paint. 6. Mulching and Preemergant Herbicide (Ronstar) Application Within one week after planting, mulch material, consisting of cypress mulch or approved equal shall be uniformly applied to a minimum loose thickness of 3 inches, over the entire area of the backfilled hole or bed. The mulch shall be maintained continuously in place until the time of final inspection. Apply herbicide prior to mulching operation at rate specified by the manufacturer. E. VEGETATION PROTECTION Existing plant material to remain onset and transplanted trees shall be protected by designating vehicle and material storage areas located outside of the tree canopy drip line and prohibiting the disposition of chemicals around the material. The General Contractor shall be responsible for protecting existing plant material onset from root, trunk and/or branch damage. If necessary, barriers shall be erected around plant • material to be protected. F. SUBSTANTIAL COMPLETION On completion of the work and upon receipt of the written request of the Contractor, the Village shall inspect all planting work for substantial completion. The request shall be received from the Contractor at least three (3) days before the anticipated date of substantial completion. The Contractor shall repair or replace all defective work denoted in the Walk-thru within seven (7) days and prior to Final Payment. G. MAINTENANCE Maintenance shall begin immediately after each plant is planted and shall continue until substantial completion of the Contract Plants shall be watered, mulched, weeded, pruned, sprayed, fertilized, cultivated and otherwise maintained and protected until substantial completion is granted. Settled plants shall be reset to proper grade position, planting saucer restored and dead material removed. Guys • shall be tightened and repaired. TS- Defective work shall be corrected as soon as possible after it becomes apparent. (Weather and season permitting) Upon TS-7 -completion of planting, the Contractor shall remove the site • excess soil and debris, and repair any damage to structures, etc., resulting from planting operations. H. GUARANTEE The Contractor shall guarantee all planting work for a period of ninety (90) days with the exception of cabal palm trees which shall be guaranteed for one hundred eighty (180) days after the date of substantial completion. During the guarantee period, the Contractor shall replace at no cost to the Owner and plant required under the Contract that dies or is not established within the time frames stipulated above. In case of any doubt as to the condition and satisfactory establishment of a plant, the Village may allow such a plant to remain through another establishment ninety (90) days period at which time the plant in question if found to be dead, in an unhealthy or badly impaired condition, shall be replaced by the Contractor at no cost to the Owner. I. FINAL INSPECTION • At the end of the guaranty period, inspection of plants will be made by the Village upon written notice requesting such inspection, submitted by the Contractor at least three (3) days before the anticipated inspection. All defects discovered shall be repaired or replaced by the Contractor within seven (7 ) days . J. CLEANING UP THE SITE Upon completion of the landscape project, the Contractor must thoroughly clean up the project site. In addition to removing all equipment, unused materials, deleterious material, and surplus excavated material, the Contractor shall fine grade all ' t disturbed areas and the areas adjacent to the new plantings to provide a neat and uniform site. All damaged or altered existing structures pavements, irrigation system sidewalk and grassing as a result of the landscape work, shall be corrected. K. MAINTENANCE INSTRUCTIONS Full and complete written instruction for maintenance of the plantings shall be furnished by the Contractor to the Village at least ten (10) days prior to substantial completion in order • to familiarize Contractor with the maintenance requirements for proper care and development of the plantings. The Contractor shall also furnish one set of as-built drawings, clearly TS-8 -showing all changes made during the progress of the work to the • original contract drawings. L. SOD REMOVAL Some sod has been installed on the site. Due to changes in be lines, some sod will have to be removed/relocated and properly disposed of on-site at a site determined by the Village. TS-9 • -~ • AGREEMENT • • • THIS AGREEMENT is dated as of the ~~~L day of ' in the year 1999, by and between THE VILLAGE OF TEQUESTA (hereinafter called OWNER) and AIELLO LANDSCAPE INC. INC. (hereinafter called CONTRACTOR.) OWNER and CONTRACTOR, in consideration of 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: For complete installation or a landscape plan including trees, shrubs/ground cover and mulch. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: VILLAGE OF TEQUESTA, LANDSCAPE IMPROVEMENTS. ARTICLE 2. ENGINEER The Project has been designed by: Reese, Macon & Associates, Inc. 6415 Lake Work Road, Suite 307 Lake Worth, FL 33463 who is hereinafter called ENGINEER and representative, if so requires, assume all have the rights and authority assigned Documents in connection with completion of Contract Documents. ARTICLE 3. CONTRACT TIME. who is to act as OWNER's duties and responsibilities and to ENGINEER in the Contract the Work in accordance with the " ~~ 3.1. The Work will be substantially completed within thirty (30) days from the date when the Contract Time commences to run as provided in paragraph 4 of the General Conditions, and completed and ready for final payment within forty five (45) days from the date when the Contract Time commences to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize 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 paragraph 3.1 above, plus any extensions thereof allowed. _They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not A-1 completed on time. Accordingly, instead of requiring such proof, • OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Hundred Dollars ($100.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion of the Work. After substantial completion, if Contractor shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension granted by Owner, Contractor shall pay_ OWNER Fifty Dollars ($50.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for Final Payment. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds at"the unit prices defined within the Bid Quotation for a total amount of $_5.896 ARTICLE 5. PAYMENT PROCEDURES Applications for Payment will be processed by Village as outlined below. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications • for Payment, on or about the 15th day of each month during construction. All progress payments will be on the basis on the Work measured items installed to date. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95°s of the Contract Price. 5.2. Final Payment. Upon final completion and acceptance of the Work, OWNER shall pay the remainder of the Contract Price. ARTICLE 6. INTEREST - N/A ARTICLE 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of • the Contract Documents, Plans, Work, site, locality, and all local conditions and Laws, and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. A2 ARTICLE 9. -MISCELLANEOUS. • 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interest 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. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. ARTICLE 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed four (4) copies of this Agreement. One counterpart each has been delivered to OWNER and CONTRACTOR, and two (2) to the ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement wil be effective on /_~-z-~~->-~~-`-z % ~ 1999. OWNER: CONTRACTOR: Village of Tequesta $y`.~J~Z~~~ ~• ~ BY (CORPORATE SEAL) Attest : '~c~Y ~ ~ ~,~ Attest P.O. Box 3273 Tequesta, FL 33469-0273 (561) 575-6234) License No. (If Contractor attach evidence sign.) A4 is a corporation, of authority to