CONSTRUCTION AGREEMENT DANIA BEACH BOULEVARD LANDSCAPE

IMPROVEMENTS GRANT SECTION 1 WEST AND GRANT SECTION 2 EAST

INVITATION TO BID NO. [INSERT NUMBER]

THIS AGREEMENT is entered into as of the date of the last signature below between the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation (“City”), 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and [CONTRACTOR LEGAL NAME], a [ENTITY TYPE AND STATE], whose address is [ADDRESS] (“Contractor”).

The City solicited competitive bids for landscape and irrigation improvements within FDOT right of way along East Dania Beach Boulevard and awarded the Work to Contractor pursuant to [AWARD RESOLUTION OR ORDINANCE AND DATE]. In consideration of their mutual promises, the parties agree as follows.

1. CONTRACT DOCUMENTS

1.1 Incorporation of Contract Documents. This Agreement consists of this document and the following documents, which are incorporated by reference and collectively constitute the “Contract Documents”:

(a) Invitation to Bid No. [INSERT NUMBER], including the Notice to Bidders, General Terms and Conditions, Special Conditions, Scope of Work, Bid Forms, Bidder Submissions, and all City-issued attachments;

(b) All written addenda issued by the City in connection with the ITB;

(c) The signed and sealed plans and technical specifications for Grant Section 1 West, FPID 451067-1-74-01, and Grant Section 2 East, FPID 451068-1-74-01, as identified in the ITB and Exhibit A;

(d) FDOT Standard Plans Index 580-001, FDOT Specification Section 580, and other standards expressly incorporated into the solicitation;

(e) The FDOT Landscape Maintenance Memoranda of Agreement for the two Grant Sections, including their exhibits, as attached to the ITB;

(f) Contractor’s accepted bid, including the completed bid schedules attached as Exhibit B and the representations, certifications, and commitments submitted in response to the ITB;

(g) The executed performance and payment bonds;

(h) Applicable permits and their conditions; and

(i) Written amendments, change orders, and directives subsequently authorized in accordance with this Agreement and applicable City requirements.

1.2 Interpretation and Precedence. The Contract Documents shall be read together and interpreted consistently with the ITB. As provided in ITB Section 2.4.A, Special Conditions shall take precedence over conflicting General Conditions. Where the Special Conditions do not change or delete a General Condition, that General Condition remains applicable. Written addenda shall govern the provisions they expressly modify. The express project-specific provisions governing completion in Sections 4 and 7, measurement and payment in Sections 3 and 8, and liquidated damages and establishment deductions in Section 11 shall govern the corresponding requirements of the incorporated documents. Except for those express provisions, this Agreement does not establish a different order of precedence from the ITB.

1.3 Contractor’s Bid. Incorporation of Contractor’s bid does not constitute the City’s acceptance of an exception, qualification, exclusion, or proposed modification that was not submitted and expressly accepted in accordance with ITB Section 2.33.E. Contractor’s standard terms, invoice provisions, acknowledgments, or other subsequently issued documents shall not modify the Contract Documents.

1.4 Complementary Requirements and Discrepancies. The Contract Documents are complementary, and requirements appearing in one need not be repeated in another to be binding.

Contractor shall promptly notify the City in writing of any discovered ambiguity, discrepancy, omission, or conflict before proceeding with the affected Work and shall obtain written clarification from the City. Contractor shall continue unaffected Work to the extent reasonably practicable. Any requested adjustment to compensation or Contract Time shall be addressed through the applicable change procedures in the Contract Documents.

1.5 FDOT Requirements. Contractor shall perform the Work in accordance with the applicable FDOT requirements incorporated into the ITB, including requirements concerning installation, inspection, establishment, insurance, and employment verification. The City and Contractor remain responsible for their respective obligations as assigned by the Contract Documents.

Incorporation of the FDOT memoranda does not, by itself, make Contractor a party to those memoranda.

1.6 Acceptance and Execution. Consistent with ITB Section 2.33.E, this Agreement is a material part of the solicitation. Contractor acknowledges that it has reviewed and accepts the Agreement and shall execute it substantially in the form included with the ITB. The City is not obligated to negotiate contract terms after award. No binding agreement arises until execution by both parties through their duly authorized representatives.

2. SCOPE OF WORK AND GRANT SECTIONS

2.1 Scope of Work. Contractor shall furnish all labor, supervision, materials, equipment, tools, transportation, permits, maintenance of traffic, testing, documentation, and incidentals necessary to complete the Dania Beach Boulevard Landscape Improvements Grant Section #1 (West) and Grant Section #2 (East), as described in ITB Sections 4.1 and 4.2 and the remaining Contract Documents (collectively, the “Work”).

All Work shall be performed in accordance with the signed and sealed plans, applicable bid schedules, FDOT Standard Plans Index 580-001, FDOT Specification Section 580, applicable permits, and the City and FDOT requirements incorporated into the Contract Documents.

2.2 Components of the Work. Without limiting the scope established by the Contract Documents, the Work includes:

(a) Mobilization, bonds, insurance, permitting, project administration, and maintenance of traffic;

(b) Clearing, grubbing, selective demolition, excavation, and soil amendment;

(c) Protection of existing landscaping, irrigation facilities, utilities, signs, sidewalks, pavement, and other improvements designated to remain;

(d) Relocation of existing trees and palms where indicated;

(e) Installation of trees, palms, shrubs, ground covers, solid sod, mulch, and associated landscape materials;

(f) Installation and modification of irrigation systems, including sprinkler heads, bubblers, valves, valve boxes, controllers, grounding, field decoders, surge protection, rain sensors, lateral piping, mainline piping, control wiring, conduit, and directional boring;

(g) Protection and coordination of existing irrigation equipment designated to remain;

(h) Coordination with the City concerning City-provided or City-installed components identified in the plans;

(i) Removal, relocation, replacement, and restoration of pavers, concrete sidewalks, and other disturbed improvements where required;

(j) Irrigation testing, adjustment, startup, inspection, and correction of deficiencies;

(k) Preparation and submission of required certifications, inspection reports, establishment plans, and irrigation as-built documentation;

(l) Preparation and submission of Maintenance of Traffic plans by appropriately certified personnel, including submission of the preparer’s current certification as required by the ITB;

(m) Restoration of all areas disturbed by construction; and

(n) A one-year landscape establishment and maintenance period following acceptance of the installation work, as required by the Contract Documents.

2.3 Grant Section #1 West. Grant Section #1 (West), Financial Project Identification Number 451067-1-74-01, extends along East Dania Beach Boulevard/SR A1A from US-1/Federal Highway to SE 5th Avenue, as described in ITB Section 4.2.A.14.a and shown in the applicable project plans.

2.4 Grant Section #2 East. Grant Section #2 (East), Financial Project Identification Number 451068-1-74-01, extends along East Dania Beach Boulevard/SR A1A from SE 5th Avenue east to the City limits, as described in ITB Section 4.2.A.14.b and shown in the applicable project plans.

2.5 Separate Grant Administration. Although both Grant Sections are included in this Agreement, each Grant Section shall retain its separate plans, bid schedule, quantities, Financial Project Identification Number, invoicing, and grant documentation, as required by ITB Sections

4.1 and 4.2.A.14.c. Contractor shall identify the applicable Grant Section and Financial Project Identification Number on payment applications and supporting documentation and shall not combine charges in a manner that prevents the City from separately accounting for each Grant Section.

2.6 Familiarity with the Work and Site. Contractor acknowledges the responsibilities established in ITB Sections 4.2.B and 4.2.C concerning familiarity with the scope of services, examination of the Project Site, and assessment of existing conditions and the facilities and difficulties attending performance. Failure to become familiar with those matters does not relieve Contractor of its obligations under the Contract Documents.

3. CONTRACT PRICE AND BASIS OF PAYMENT

3.1 Contract Price. Based on the quantities and prices in Contractor’s accepted bid schedules, attached as Exhibit B, the initial Contract Price is:

Total Contract Price: $____________________________ consisting of:

(a) Grant Section #1 (West), FPID 451067-1-74-01: $____________________________; and

(b) Grant Section #2 (East), FPID 451068-1-74-01: $____________________________.

The Contract Price is subject to adjustment in accordance with the Contract Documents.

3.2 Unit Prices and Actual Quantities. Quantities shown in the bid schedules are estimates.

Final compensation for unit-price items shall be based on actual quantities incorporated into the Work and accepted by the City, multiplied by the applicable accepted unit prices. Separately identified lump-sum items shall be paid at their accepted lump-sum prices, subject to the Contract Documents. Establishment and maintenance services shall be paid under the separately priced monthly items in the accepted bid schedules as those services are satisfactorily performed.

For this Project, the measurement and payment provisions of ITB Sections 3.5 and 3.6, this Agreement, and the accepted bid schedules replace the lump-sum measurement requirement in FDOT Specification Section 580-8 and the seventy-six percent (76%) installation and twenty-four percent (24%) establishment payment allocation in Section 580-9. The inspection, reporting, documentation, and establishment-deduction requirements of Section 580 remain applicable.

3.3 Maximum Rates and Authorized Compensation. The accepted unit prices are maximum, not-to-exceed rates, subject to ITB Section 2.7. Discounted, promotional, bundled, or otherwise reduced pricing may be offered, accepted, approved, and documented as provided in that Section.

Neither the applicable unit prices nor the total compensation authorized under this Agreement may be exceeded without the formal written approval required by the Contract Documents.

3.4 Costs Included in Prices. Except as otherwise expressly provided in the Contract Documents, Contractor’s prices include all costs necessary to perform the Work, including labor, supervision, materials, equipment, tools, transportation, packaging, delivery, permits, royalties, license fees, applicable taxes, bonds, insurance, maintenance of traffic, testing, documentation, establishment and maintenance, site restoration, cleanup, overhead, and profit.

The City’s tax exemption does not extend to Contractor’s purchases of goods or services used in performing the Work. Contractor shall pay applicable sales, consumer, use, and similar taxes as required by ITB Section 2.11.

3.5 Licenses, Permits and Fees. Responsibility for obtaining and paying for licenses, permits, and fees shall be governed by ITB Section 2.21. As provided in ITB Section 2.21.D, the City shall reimburse permit-fee costs related to dewatering and the National Pollutant Discharge Elimination System (NPDES).

3.6 Markup Limitation. Contractor shall comply with ITB Section 2.8, which prohibits a markup greater than ten percent on subcontracted labor, materials, equipment, or third-party services. Cost proposals, change orders, and invoices shall clearly itemize applicable markup. Markup exceeding that limitation shall be disallowed and removed from the payment request. Contractor shall ensure that subcontractors and vendors comply with that requirement.

3.7 Additions and Deletions. Additions or deletions of services or locations, and the pricing of those changes, shall be governed by ITB Section 2.6.C and the applicable change provisions of the Contract Documents. This Section does not independently authorize a change in the Work, the applicable prices, or the total authorized compensation.

3.8 Payment Procedures. Billing, progress payments, supporting documentation, retainage, and withholding shall be governed by ITB Sections 3.5 and 3.6 and the applicable provisions of this Agreement.

4. COMMENCEMENT, CONTRACT TIME AND ESTABLISHMENT PERIOD

4.1 Effective Date and Term. This Agreement becomes effective upon execution by both parties and shall remain in effect through completion and acceptance of the installation work, the required one-year landscape establishment and maintenance period for each Grant Section, and the remaining obligations required by the Contract Documents, unless earlier terminated in accordance with those documents. Warranty and other obligations that survive completion or termination shall remain enforceable according to their terms.

4.2 Notice to Proceed. Consistent with ITB Section 2.35.B, the Date of Commencement shall be the date stated in the written Notice to Proceed issued by the City. The Contract Time shall be measured from that date.

Costs incurred before issuance of the Notice to Proceed shall be incurred at Contractor’s risk and shall not be reimbursed by the City, except that the City may reimburse actual costs relating to performance and payment bonds and insurance, supported by invoices, if the City terminates this Agreement for convenience, as provided in ITB Section 2.35.B.

4.3 Commencement of Work. Contractor shall commence the Work within one week of the date stated in the Notice to Proceed. If Contractor fails to do so, the City may terminate this Agreement immediately, without providing an opportunity to cure, as provided in ITB Section 2.35.B.

Contractor shall satisfy the applicable insurance, bond, permitting, and other prerequisites established by the Contract Documents before commencing the Work.

4.4 Installation Completion Deadlines. Contractor shall achieve Substantial Completion of the installation work no later than one hundred fifty (150) calendar days and Final Completion of the installation work no later than one hundred eighty (180) calendar days, each measured from the Date of Commencement, subject to adjustments authorized under the Contract Documents.

For purposes of these deadlines:

(a) Installation Work includes the construction, planting, irrigation, testing, restoration, correction of installation deficiencies, and documentation required for acceptance of the installation under the Contract Documents. It excludes the subsequent one-year landscape establishment and maintenance period.

(b) Substantial Completion of the Installation Work occurs when the installation is sufficiently complete in accordance with the Contract Documents to be used for its intended purpose, with only minor corrective or incomplete items remaining, as determined in writing by the City.

(c) Final Completion of the Installation Work occurs when Contractor has completed the installation work, corrected the installation punch-list items, furnished the required installation closeout documentation, and obtained the City’s written acceptance in accordance with applicable FDOT requirements.

4.5 Landscape Establishment and Maintenance. Contractor shall provide one (1) full year of landscape establishment and maintenance for each Grant Section in accordance with Section 7 and the remaining Contract Documents. The establishment period shall begin when the Engineer has accepted the Establishment Plan and confirmed complete installation of the plant material and incidental landscaping, as required by FDOT Specification Section 580-5.1. The City shall coordinate acceptance with FDOT as required.

The City’s written acceptance shall document satisfaction of those prerequisites and identify the commencement and scheduled expiration dates for each Grant Section. If the prerequisites are satisfied on different dates, the establishment periods shall be measured separately.

Contractor shall protect and maintain the installation before commencement of the establishment period. Maintenance performed before that date shall not reduce the required one-year period.

Replacement plant materials shall remain subject to the extended establishment requirements in Section 7.7.

The City shall coordinate installation acceptance with FDOT as required. The written acceptance shall identify the commencement date of the establishment and maintenance period for the applicable Grant Section. If the Grant Sections are accepted on different dates, their establishment and maintenance periods shall be measured separately.

Contractor shall protect and maintain the installation before acceptance. Maintenance performed before the establishment and maintenance period begins shall not reduce the required one-year period.

4.6 Completion of Remaining Obligations. Final Completion or acceptance of the installation work does not discharge Contractor’s establishment, maintenance, replacement, warranty, correction, or closeout obligations. Completion of the establishment and maintenance period requires performance and acceptance of the services and correction of outstanding deficiencies required by the Contract Documents. Expiration of the one-year period alone does not constitute acceptance of deficient or incomplete work.

4.7 Liquidated Damages and Establishment Deductions. Liquidated damages for delayed installation or establishment completion, and deductions for deficient establishment services, shall be governed by Section 11. Scheduled performance of the establishment period after the installation completion deadline does not, by itself, constitute delay. Establishment completion deadlines shall include applicable replacement-plant establishment periods under Section 7.7 and authorized extensions of Contract Time.

4.8 Adjustments of Contract Time. Adjustments of Contract Time shall be requested, reviewed, and authorized in accordance with the Contract Documents. A submitted schedule, payment application, or request for an extension does not constitute approval of an adjustment.

5. PROJECT ADMINISTRATION, PERSONNEL AND SUBMITTALS

5.1 City Representative. The City shall designate its representative for administration and coordination of the Work. Contractor shall coordinate performance with that representative in accordance with the Contract Documents.

City Representative:

Title:

Telephone:

Email:

Designation as the City’s representative does not, by itself, authorize that person to amend this Agreement or approve changes in compensation or Contract Time. Such changes require approval in accordance with the Contract Documents and applicable City authorization requirements.

5.2 Contractor Representative and Personnel. Contractor’s authorized representative shall be:

Contractor Representative:

Title:

Telephone:

Email:

Consistent with ITB Section 4.2.E, Contractor shall assign the key personnel identified in its bid to perform the Work. Substitution of those personnel requires prior written approval of the City’s representative or designee responsible for the Project.

Contractor shall provide personnel sufficiently skilled to perform the required services and shall comply with the personnel requirements and removal provisions of ITB Section 2.19.

5.3 Qualifications and Licenses. Contractor shall comply with the qualification and licensing requirements established by the ITB, including the FDOT prequalification requirements in ITB Sections 4.2.A.15 and 4.2.A.16 for Landscaping; Grassing, Seeding and Sodding; and Irrigation.

Contractor shall maintain the licenses and qualifications required for performance of its Work and shall use appropriately qualified personnel and subcontractors as required by the Contract Documents.

5.4 Performance Timeline. Contractor shall coordinate performance using the anticipated timeline submitted with its bid under ITB Section 4.2.E.2, consistent with the Notice to Proceed and the completion requirements of Section 4 of this Agreement. A submitted timeline does not modify the Contract Time or constitute approval of an extension.

5.5 Preconstruction Submittals. Contractor shall furnish the submittals required by the signed and sealed plans and other Contract Documents within the periods specified therein. As required by the landscape general notes, Contractor shall submit the following not less than fourteen (14) days before the preconstruction meeting:

(a) A schedule of values for each item of Work;

(b) Weed-control product information and application procedures;

(c) Watering application procedures;

(d) Mulch product information and application procedures;

(e) Soil-amendment product information and application procedures; and

(f) Fertilizer product information and application procedures.

Contractor shall also furnish the remaining plan-required submittals, including the establishment plan, in accordance with the Contract Documents. The foregoing list does not replace or limit those requirements.

5.6 Maintenance of Traffic Submittals. As required by ITB Section 4.2.A.12, personnel responsible for preparing Maintenance of Traffic plans shall hold the appropriate certification for that work. Contractor shall include a copy of the preparer’s current certification with the Maintenance of Traffic plan submittal.

5.7 Coordination and Review. Contractor shall coordinate required submittals, inspections, testing, and performance with the City and FDOT as provided in the Contract Documents. Review or approval of a submittal does not authorize a deviation from the Contract Documents or a change in compensation or Contract Time unless separately approved through the applicable contractual procedures.

6. PERMITS, SAFETY AND PROTECTION OF THE PROJECT SITE

6.1 Licenses and Permits. Contractor shall obtain and maintain the licenses, permits, and approvals required for its performance of the Work and comply with their conditions, in accordance with ITB Section 2.21 and the remaining Contract Documents. Responsibility for license, permit, and fee costs, including the specified reimbursements, shall be governed by Section 3.5 of this Agreement and ITB Section 2.21.

6.2 Safety. Contractor shall initiate, maintain, and supervise safety precautions and programs in connection with the Work and comply with the safety requirements established in ITB Section 2.26, including applicable occupational safety laws and standards. Materials and equipment furnished for the Project shall meet the applicable federal and state requirements identified in the

ITB.

Contractor shall protect pedestrians and the public from access to active work areas through the safety measures required by ITB Section 2.9 and the remaining Contract Documents.

6.3 Trench Safety. When applicable to the Work, Contractor shall comply with the Florida Trench Safety Act and the requirements of ITB Section 3.3. The accepted unit prices, total prices, and subsequent change-order prices shall include the costs of compliance with applicable trench-safety standards.

6.4 Protection of Existing Property and Facilities. Contractor shall protect City property and the property of others from damage or loss arising from performance of the Work and shall immediately report damage to the City’s representative, as required by ITB Section 2.9.

Contractor shall protect existing landscaping, irrigation facilities, utilities, signs, sidewalks, pavement, and other improvements designated to remain, in accordance with ITB Section 4.2.A and the applicable plans. Contractor shall perform required utility and facility location and coordination activities before construction as specified in the Contract Documents.

Responsibility for repairing or replacing damage, and the City’s right to undertake repairs and deduct applicable costs, shall be governed by ITB Sections 2.9 and 2.35.A.2.

6.5 Maintenance of Traffic and Access. Contractor shall provide maintenance of traffic and preserve public, vehicular, pedestrian, and property access in accordance with ITB Sections 2.35.A.3 and 4.2.A, the approved Maintenance of Traffic plans, applicable permits, and the remaining Contract Documents.

Contractor shall comply with the ITB’s requirements concerning open traffic lanes, access at the end of the working day, temporary parking arrangements, City approval, and advance notice to affected residents. Any proposed road closure or alternate access arrangement shall be coordinated and approved as required by the Contract Documents.

6.6 Staging and Storage. Contractor shall provide the additional lands and access required for temporary construction facilities and storage of materials and equipment, as required by ITB Section 2.35.A.1.

Staging areas shall be fenced and screened from public sight. Materials shall not be stored within a right of way without prior City approval. Approved materials shall be properly secured and neatly screened and shall not remain within the right of way for more than one week. Equipment shall be stored in a designated staging area.

6.7 Cleanup and Restoration. Contractor shall remove trash and debris from the Project work sites daily and upon completion, as required by ITB Section 2.10.

Contractor shall remove excess materials and clean up and restore disturbed areas to their original condition or better, in accordance with ITB Section 2.35.A.2 and the applicable plans and specifications. Restoration shall proceed as the Work progresses. Restoration of disturbed private property shall be completed within thirty (30) days after disturbance, as required by the ITB.

6.8 FDOT Right-of-Way Requirements. Work within the FDOT right of way shall comply with the applicable plans, permits, FDOT standards, and requirements incorporated into the Contract Documents. Contractor shall obtain the approvals required by those documents before undertaking a deviation from the approved Work.

7. LANDSCAPE ESTABLISHMENT, MAINTENANCE AND WARRANTY

7.1 Applicable Specification. Contractor shall perform landscape installation, establishment, maintenance, and remedial work in accordance with the signed and sealed plans, FDOT Standard Plans Index 580-001, and the specification included as Attachment D to the ITB, identified as “Landscaping (Work Directed), Rev. 3-9-18, FY 2024–25,” Section 580, “Landscaping (By Work Document),” together with the remaining Contract Documents.

7.2 Establishment Period. Contractor shall provide one (1) full year of landscape establishment and maintenance for each Grant Section, commencing upon satisfaction of the prerequisites and documented in accordance with Section 4.5. The time used to complete installation shall not reduce that period.

The establishment period for replacement plant materials shall be determined under Section 7.7.

Completion and acceptance of establishment services remain subject to Sections 4.6 and 7.11.

7.3 Worksite Landscape Supervisor. Contractor shall provide a Worksite Landscape Supervisor to directly oversee landscape installation and establishment. As required by Section 580-3, the supervisor shall be a Florida Nursery, Growers and Landscape Association Certified Landscape Technician or Certified Landscape Contractor, or a State of Florida Registered Landscape Architect. Contractor shall provide verification at the pre-work conference.

7.4 Establishment Plan and Installation Completion. Contractor shall submit an Establishment Plan to the Engineer for review and comment not less than forty-five (45) days before scheduled completion of installation, as required by Section 580-4.9, and shall also comply with applicable earlier submittal requirements in the plans.

The Establishment Plan shall describe the methods, activities, materials, and schedule necessary to establish the plant material and incidental landscaping. Installation shall not be considered complete until the Engineer has accepted the Establishment Plan. Acceptance of the plan does not release Contractor from its establishment and maintenance responsibilities.

Contractor shall notify the Engineer at least seven (7) calendar days before installation completion and furnish the Contractor Certification of Installation required by Section 580-4.10.

7.5 Establishment and Maintenance Activities. Contractor shall perform the activities required by Section 580-5.1 and the applicable plans, including:

(a) Maintaining plant material quality to sustain the required structural and healthy characteristics;

(b) Maintaining soil moisture at field capacity, determined as specified in Section 580-5.1;

(c) Maintaining a three-inch mulch cover;

(d) Removing undesirable vegetation and eradicating the invasive plant species identified in the specification within the designated work areas;

(e) Performing required pruning under the direction of an ISA-certified arborist, consistent with the specified standards and requirements for sign visibility and safe sight distance;

(f) Maintaining plant beds;

(g) Removing litter and debris;

(h) Operating and maintaining irrigation systems installed as part of the Work;

(i) Removing staking and guying from established plants; and

(j) Continuing required mowing and litter removal in turf areas.

7.6 Inspections and Reports. Contractor shall inspect and certify monthly that the landscaping has been installed and is being maintained and established in accordance with the Contract Documents, using the required Landscape Monthly Inspection Form, No. 700-011-10.

During establishment, Contractor shall also provide a Registered Landscape Architect to conduct inspections at quarterly intervals, beginning within ninety (90) days after commencement of the establishment period. Each inspection shall be documented in a signed and sealed report containing the information required by Section 580-5.2, including plant condition, soil moisture, mulch, pruning, weed control, irrigation condition and operation, photographs, and Contractor’s corrective response and schedule.

Contractor shall submit the monthly inspection forms and quarterly inspection reports to the Engineer within seven (7) calendar days after the applicable inspection.

7.7 Remedial Work and Replacement Materials. Contractor shall perform the remedial work required by Section 580-6 without additional compensation. Replacement plants shall be of the same species and planting medium as the plants being replaced and shall satisfy the Contract Documents. Replacement size shall match adjacent grown-in plant material of the same species, which may require plants larger than those initially installed.

The establishment period for replacement plant materials shall continue for the remaining original establishment period or ninety (90) days after acceptance of the replacement installation, whichever is longer.

Approval of remedial work does not relieve Contractor of its continuing responsibilities.

Contractor shall remain responsible for remedial work until the applicable contract requirements have been satisfied and the Engineer has released Contractor from further remedial work as provided in Section 580-6.

7.8 Warranty of Materials and Work. Consistent with ITB Section 2.27, Contractor warrants to the City that:

(a) Materials and equipment furnished under this Agreement shall be of good quality and new, unless otherwise required or permitted by the Contract Documents;

(b) The Work shall be free from defects; and

(c) The Work shall conform to the Contract Documents.

Nonconforming Work, including substitutions not properly approved and authorized, may be considered defective. Contractor shall furnish satisfactory evidence of the kind and quality of materials and equipment as required by the Contract Documents.

7.9 Warranty Exclusions. As provided in ITB Section 2.27, Contractor’s warranty may exclude damage or defects caused by abuse, modifications not executed by Contractor, improper or insufficient City maintenance, improper operation, or normal wear and tear under normal usage.

These exclusions do not relieve Contractor of establishment, maintenance, replacement, or correction obligations assigned to Contractor.

7.10 Manufacturer Warranties. All manufacturers’ product warranties shall be registered in the City’s name and for its sole benefit, as required by ITB Section 2.27. Contractor shall furnish the required warranty documentation.

7.11 Correction and Continuing Obligations. Contractor shall correct deficient Work in accordance with Sections 580-5 and 580-6, ITB Sections 2.22 and 2.23, and the remaining Contract Documents. Completion of installation or expiration of the original establishment period does not discharge outstanding replacement, remedial, warranty, reporting, or closeout obligations.

8. BILLING, PROGRESS PAYMENTS AND RETAINAGE

8.1 Submission of Payment Applications. Contractor shall submit invoices and applications for payment in accordance with ITB Section 3.5. The City’s preferred submission method is email to ap@daniabeachfl.gov. A copy may also be mailed to:

City of Dania Beach Finance Department Attention: Accounts Payable 100 West Dania Beach Boulevard Dania Beach, Florida 33004 mailto:ap@daniabeachfl.gov

A copy shall be provided to:

City of Dania Beach Public Services Department Attention: Public Services Director 100 West Dania Beach Boulevard Dania Beach, Florida 33004

Payment applications and supporting documentation shall separately identify the applicable Grant Section and Financial Project Identification Number, consistent with Section 2.5 of this Agreement.

8.2 Frequency and Supporting Documentation. As provided in ITB Section 3.6, Contractor may request progress payments for completed Work at intervals of not more than once a month.

Each application shall include a complete breakdown of the Project components, quantities completed, and amount due, together with properly executed releases of liens from subcontractors, suppliers, and materialmen included in Contractor’s current and previous payment applications, and other supporting documentation required by the City or the Contract Documents. Releases shall be furnished in accordance with applicable law.

8.3 Basis of Payment. Installation payments shall be calculated using the accepted unit prices and actual accepted quantities, together with accepted lump-sum prices for separately identified lump-sum items, in accordance with Section 3.2.

For each Grant Section, establishment and maintenance payments shall be made in twelve (12) monthly installments at the monthly price stated in the applicable accepted bid schedule, as the corresponding services are satisfactorily performed. Each establishment payment application shall include the monthly inspection form and any quarterly inspection report then due under Section

7.6 and FDOT Specification Section 580-5.2.

Payments shall be subject to applicable retainage, authorized withholding, and deductions under Sections 8 and 11. The percentage payment allocation in FDOT Specification Section 580-9 shall not apply.

8.4 Payment Timing. As provided in ITB Section 3.6, the City shall make payment within thirty

(30) calendar days after approval of Contractor’s payment application. Review, approval, rejection, dispute resolution, and payment shall remain subject to the mandatory requirements and deadlines of the Florida Local Government Prompt Payment Act, including section 218.735, Florida Statutes. Nothing in this Agreement or the ITB extends a mandatory statutory payment deadline.

8.5 Retainage. As provided in ITB Section 3.6, the City shall retain five percent (5%) of monies earned by Contractor until completion and acceptance of the Work, subject to applicable statutory requirements governing the withholding and release of retainage.

8.6 Withholding of Payment. Consistent with ITB Section 3.6, the City may withhold payment, in whole or in part, to the extent necessary to protect itself from loss arising from:

(a) Defective Work not remedied;

(b) Claims filed or reasonable evidence indicating the probable filing of claims by other parties against Contractor;

(c) Contractor’s failure to pay subcontractors or suppliers for materials or labor;

(d) Damage to another contractor that has not been remedied;

(e) Liability for liquidated damages incurred by Contractor;

(f) Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price;

(g) Reasonable evidence that the Work will not be completed within the Contract Time; or

(h) Persistent failure to perform the Work in accordance with the Contract Documents.

Withholding shall be administered in accordance with applicable law, including required notices and payment of undisputed amounts.

8.7 Resolution of Withholding. As provided in ITB Section 3.6, when the grounds for withholding are removed or resolved, or Contractor provides a surety bond or consent of surety satisfactory to the City that protects the City in the amount withheld, payment may be made in whole or in part, subject to applicable statutory payment requirements.

8.8 Statutory Closeout Requirements. Development of the list of items required to complete the Work, payment of the remaining contract balance, and release of retainage shall comply with section 218.735, Florida Statutes, to the extent applicable. These requirements shall be administered consistently with the installation and establishment obligations identified in Section 4 of this Agreement.

9. PERFORMANCE AND PAYMENT BONDS AND INSURANCE

9.1 Required Bonds. Contractor shall furnish performance and payment bonds in accordance with the ITB and the bond forms included with the solicitation. Each bond shall be in an amount equal to one hundred percent (100%) of the Contract Price and shall identify the City as Owner.

The bonds shall be executed by Contractor and a surety meeting the qualifications required by the Contract Documents and applicable law. Contractor shall furnish the bonds within fourteen (14) calendar days after notification of award, together with the executed Agreement as required by the

ITB.

9.2 Bond Forms and Recording. Contractor shall use the performance and payment bond forms provided with the ITB. The bonds shall be executed and recorded in the public records of Broward County, and evidence of recording shall be furnished to the City, as required by section 255.05, Florida Statutes. Contractor shall satisfy applicable statutory bond requirements before commencing the Work.

The obligations of Contractor, the City, and the surety under each bond, including required notices and procedures, shall be governed by the executed bond and applicable law.

9.3 Required Insurance. Contractor shall obtain and maintain all insurance required by ITB Section 2.25 and the applicable contractor insurance provisions of Paragraph 12(c) of the FDOT Landscape Maintenance Memoranda of Agreement incorporated into the Contract Documents.

These requirements shall be read together, and compliance with one does not excuse compliance with the other.

Required coverage includes:

(a) Commercial General Liability: Minimum limits of $1,000,000 each occurrence, $2,000,000 policy aggregate, $1,000,000 personal and advertising injury, and $1,000,000 products and completed operations, with the endorsements required by the Contract Documents;

(b) Business Automobile Liability: A minimum combined single limit of $1,000,000 for bodily injury and property damage per accident, covering the automobiles specified in ITB Section 2.25;

(c) Workers’ Compensation and Employers’ Liability: Statutory workers’ compensation coverage and employers’ liability limits of at least $100,000 each accident, $100,000 disease each employee, and $500,000 disease policy limit, together with compliance with the applicable requirements of Paragraph 12(c) of the FDOT memoranda; and

(d) Builders’ Risk: Coverage equal to the full completed value of the construction project, with the insured parties required by ITB Section 2.25.

Umbrella or excess liability coverage may be used to satisfy required limits only as permitted by ITB Section 2.25 and approved by the City’s Risk Manager.

9.4 Additional Insureds and Endorsements. Contractor shall provide additional-insured status for the City and FDOT on the policies required by the respective Contract Documents. Contractor shall also furnish the required primary and noncontributory coverage, waivers of subrogation, and other endorsements, subject to the qualifications expressly stated in those documents.

9.5 Evidence and Approval of Coverage. Contractor shall furnish certificates of insurance and required supporting documents within five (5) days after notification of award, as required by ITB Section 2.25.

Contractor shall not commence Work until the required insurance has been obtained and approved by the City’s Risk Manager. Contractor shall not permit subcontractors to commence Work until their required coverage has been obtained and approved as required by the ITB.

Furnishing a certificate of insurance does not excuse failure to obtain a required policy or endorsement.

9.6 Duration, Renewal and Notice. Contractor shall maintain required coverage for the periods specified in ITB Section 2.25 and the applicable FDOT memoranda, including coverage required during establishment, maintenance, and applicable warranty obligations.

Contractor shall furnish renewal evidence within the periods required by the Contract Documents.

The cancellation and material-change notice requirements applicable to the City under ITB Section

2.25 and the thirty-day cancellation or restriction notice requirements applicable to FDOT under Paragraph 12(c)(3) shall each be satisfied.

Contractor and its subcontractors shall not perform or continue Work while required coverage is not in full force and effect.

9.7 Subcontractors and Insurance Costs. Contractor shall ensure subcontractor compliance with the applicable insurance requirements and shall be responsible for insurance costs, deductibles, and self-insured retentions as required by ITB Section 2.25.

9.8 Failure to Comply. Failure to furnish required bonds or insurance following award shall be subject to ITB Section 3.2.C. Failure to maintain required insurance during performance, including resulting delay and the City’s remedies, shall be governed by ITB Section 2.25 and the remaining Contract Documents.

10. CHANGES IN THE WORK AND CONTRACT ADJUSTMENTS

10.1 Authorized Changes and Unilateral Change Orders. The City may authorize additions, deletions, or revisions within the general scope of the Work, consistent with ITB Section 2.6.C and the remaining Contract Documents.

If the parties cannot agree on the price or time adjustment associated with a change, the City may issue a written unilateral change order directing Contractor to proceed with the affected Work before those adjustments are resolved. The unilateral change order shall be issued by an official possessing the required City authority and shall identify the changed Work and any price or time adjustment then approved by the City. Required appropriations and applicable FDOT approvals shall be obtained before issuance.

Contractor shall promptly proceed with the directed Work and maintain records sufficient to substantiate its costs and any claimed effect on Contract Time. Performance of the directed Work does not constitute Contractor’s agreement with the City’s determination of price or time or waive Contractor’s right to dispute that determination under the Contract Documents.

Pricing shall comply with the applicable bid prices, ITB Sections 2.6.C, 2.7, and 2.8, and the remaining Contract Documents. Any unresolved adjustment shall be determined through the applicable dispute-resolution procedures. Contractor shall not suspend the directed Work solely because the parties have not agreed on the adjustment.

Contractor shall not treat an oral instruction, discussion, submitted proposal, or invoice as approval of a change in the Work, Contract Price, unit prices, or Contract Time.

10.2 Pricing of Additions and Deletions. Consistent with ITB Section 2.6.C, Contractor shall provide pricing for additional services or locations based on the cost structure used to establish pricing for the initially contracted Work. Deletions shall be addressed in the same manner.

If Contractor’s proposed pricing for additional services is not acceptable, the City reserves the right to procure those services from another contractor, as provided in the ITB. This right does not limit the City’s authority to issue a unilateral change order under Section 10.1 for Work within the general scope of this Agreement.

10.3 Pricing Limits and Documentation. Changes in pricing shall comply with ITB Section 2.7.

An increase in unit prices or total authorized compensation requires a formal written amendment or change order approved through the applicable City authorization process. A unilateral change order under Section 10.1 constitutes written authorization for the identified changed Work but does not authorize expenditures beyond lawfully approved funding or conclusively resolve a disputed adjustment.

Discounted, promotional, bundled, or otherwise reduced pricing within the existing scope may be accepted and documented without a formal amendment to the extent expressly permitted by ITB Section 2.7.

10.4 Markup Limitation. Cost proposals, change orders, and invoices shall comply with the ten percent (10%) markup limitation and itemization requirements of ITB Section 2.8 and Section 3.6 of this Agreement.

10.5 Technical Adjustments and Approvals. Changes to planting layouts, materials, or other technical requirements shall comply with the approval procedures in the plans, FDOT Specification Section 580, applicable permits, and the remaining Contract Documents.

As required by Section 580-4.2, Contractor shall make the specified adjustments to final plant locations when directed by the Engineer to accommodate unforeseen field conditions or comply with safety setbacks and requirements, without additional compensation. Contractor shall not change the layout, materials, or variations of materials without the Engineer’s approval.

Technical approval does not, by itself, authorize an increase in compensation or an extension of Contract Time.

10.6 Contract Time. An adjustment of Contract Time shall be documented in writing and approved in accordance with the Contract Documents and applicable City authorization requirements, including the unilateral change-order procedure in Section 10.1. Submission of a revised schedule or request for additional time does not constitute approval.

10.7 Disputes Concerning Changes. Disputes concerning a change, its pricing, or its effect on Contract Time shall be addressed through the dispute-resolution procedures in ITB Section 2.32 and the corresponding provisions of this Agreement. Pending resolution, Contractor shall continue performance as required by Section 10.1.

11. CONTRACT TIME, LIQUIDATED DAMAGES AND ESTABLISHMENT

DEDUCTIONS

11.1 Timely Performance. Time is of the essence. Contractor shall complete the installation work and perform the establishment and maintenance obligations within the periods established in Section 4 and the remaining Contract Documents, subject to authorized adjustments.

The required establishment period is part of the scheduled performance of this Agreement. Its continuation after the installation completion deadline does not, by itself, constitute delay.

11.2 Project-Specific Liquidated Damages. For this Project, the liquidated-damages rate shall be five hundred dollars ($500.00) per calendar day. This rate and the assessment provisions of this Section govern in place of the reference to Section 8-10 in FDOT Specification Section 580-1 and clarify the corresponding liquidated-damages provision in the performance bond. No additional rate or separate assessment shall arise solely from that Section 8-10 reference.

Contractor shall be liable for liquidated damages:

(a) For each calendar day that installation work remains incomplete after the Final Completion of Installation Work deadline established in Section 4.4, as adjusted by authorized extensions; and

(b) For each calendar day that establishment work remains incomplete after the applicable establishment completion deadline. That deadline shall be the expiration of the one-year period documented under Section 4.5 or, for replacement plant materials, the later expiration required by Section 7.7, subject to authorized extensions.

Continued performance during a required replacement-plant establishment period shall not, by itself, constitute delay. Failure to complete required establishment or remedial obligations by the applicable deadline shall be subject to this Section.

The City shall document the commencement and expiration dates of original and replacement-plant establishment periods. Assessments shall remain subject to the single daily assessment and prohibition against duplicate recovery in Sections 11.3 and 11.6.

11.3 Single Daily Delay Assessment. The $500 daily liquidated-damages assessment is a single, project-wide assessment. It shall not be multiplied by the number of Grant Sections, incomplete items, or concurrent missed completion deadlines. Assessments under this Agreement and the performance bond shall not duplicate one another.

The parties acknowledge that delayed completion may cause losses that are difficult to quantify and agree that the stated amount is intended as reasonable compensation rather than a penalty.

11.4 Work Documents and Calculation Base.