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#09-5190 (Hannula)Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads COLLIER COUNTY BID NO. 09 -5190 COLLIER COUNTY, FLORIDA Local Vendor Preference Waived (BCC 12/08) Design Professional: Windham Studio ( Immokalee & VBR) McGee & Associates (Rattlesnake Hammock) COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 Coder County Administiative Services Division Purchasing March 23, 2009 Mr. Dale Hannula Hannula Landscaping and Irrigation, Inc 28131 Quails Nest Lane Bonita Springs, Florida 34135 Purchasing Department 3301 Tamiami Trail East Naples, Florida 34112 Telephone: 239-252-8446 FAX: 239-252-6679 Email: Brendabrilhart@colliergov.net www,colliergov.net RE: Contract # 09 -5190 "Landscape& Irrigation Installation Project: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads" Dear Mr. Hannula: The Board of County Commissioners approved the above - referenced contract on March 10, 2009. Enclosed please find one complete contract and one additional copy of the signature page. As an officer of the corporation, please sign both copies where indicated, and have it properly witnessed and the corporate seal affixed. In order for the Contract to be executed by the County, it will be necessary that you furnish the required Performance & Payment Bonds in the amount of 100% of the contract price, using the form prescribed in Exhibit A, pages GC- CA -A -1 through GC- CA -A -6 along with a Certificate of Insurance as indicated in Exhibit B, pages GC- CA -B -1 through GC- CA -B -5. Please return all enclosed documents to the Purchasing Department as soon as possible. A copy of the fully executed contract will be returned to you immediately after it has been signed by the Chairperson of the Board of County Commissioners. Please be advised that the work covered by this contract may not begin until the contract is returned to you. If there are any questions, please do not hesitate to contact me at the telephone or email address above. Respectfully, Brenda Ihart. Purchasing Agent C: Pam Lulich, ATM G/ Acquisitionsr FechFormsandLetters /CoverLetter- Construction Revised: 3/11 /09 TABLE OF CONTENTS A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Windham Studio, Inc. And McGee & Associates and identified as follows: Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads as shown on Plan Sheets. EXHIBIT N: Contractor's List of Key Personnel PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads COUNTY BID NO. 09 -5190 Separate sealed bids for the construction of Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 23rd day of February 2009, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 4th day of February, 2009, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. [In instances where the ray Sealed envelopes containing bids shall be marked or endorsed 'Bid for Collier County Government, Collier County, Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads, Bid No. 09 -5190 and Bid Date of February 23, 2009. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC- P-1 through GC -P -14) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract GC -PN -1 Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work for each project awarded within specified calendar days (see table on page GC -CA -3) from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 26th day of January 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director GC -PN -2 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC -P -1 to GC -P -14 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC -I B -1 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit'). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. G C -I B -2 Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the 106=0 opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is mandatory. In instances where the Owner has deemed the pre -bid to the reiection of his bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Ce OMME! Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 (Local Preference was waived by the Board of County Commissions on 12/2/08.) The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. G C -I B -5 Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major G C -I B -6 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." G C -I B -7 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads BID NO. 09 -5190 Full Name of Main Business Address_ l .y,... Place of Businesses �; \cTr <,5 , V-1 Telephone No. ,9.3q • (Fia - Dd l o Fax No. d3q � Uq8, ( p81St State Contractor's License # To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC -P -1 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. MATERIAL 2. �P�S G.Y`cC.J��iUbS 3. MANUFACTURER ,I\rl�e}Ck,fyAkkca,ik',v 4. 'Ml��' Cq Mph 1\)a�..�,C1.,`i_ °�c,Y.Y „�CJ��.e �� t., �i"a.`r•cv�s - C Dated c) ';? AGq der GC -P -3 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non- compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Category of Work 1. oQ), 2. 3. 4. �veyiti�n� ( a 5. Subcontractor and Address �, �, ��Tv cl ,•rr�� \cam �� x Xt . .M , t,Tc, 33q `?uixx�. i�«31 �\-• YY��,a� =� ,�c 3�3�c1.o s1R =r Dated 91 ,316q dde /r GC -P -4 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. GC -P -5 Project and Location Reference Goo -0. \e La. A-6 c, > > _iY „,� - \\� o� . \ ( \��ix �1 �1 e >U� )3q-D3-3-,22j(0 2. US ul (SZqu)�om',o�lircul �?a'r 3. D3g -2�3- 23�4 U, ill �� i7c�>"d��. f F�c�ier s� • � �i, �,�c��'1 �e.t.��,�.� 4. 1L,c\Q> rkw j i'_Gt�ci�Nl qC;.T V�:YCIy QL� i (�Q - `��Un_1V1 1 �� U�QI•C�,�� _ 5. (}}`llC�.�i<_G a3q-S33'q(IZ 6. Dated 9'93169 Y�Qnn.ila_�c��'1nc,o c��nc der GC -P -5 2. 3. 4. 5. TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990, The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) L{ F,SY) LI �. LT TOTAL $ 43,5DD.(b Failure to complete the above may result in the Bid being declared non - responsive. Dated g/a31 o(I deft BY: F- -- GC -P -6 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within specified consecutive calendar days (see table below), computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within specified (see table below) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. o1 To G ,1r2oAiec"t r p Immokalee Road (Phase II & 111) 150 30 ISO Rattlesnake Hammock Road 150 30 180 Immokalee Road (Phases II & III) 150 30 180 Respectfully Submitted: State of N kYi6o County of GC -P -7 � O- V. Nos n., \a._ being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. bo_ \g_ �7. 1� also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of which operates under the legal name of c a� cam �a- CYrt gc�t , ,c and the full names of its officers are as follows: President 4 \0 ycP�A 'Qr;ck Secretary 1a �recicz iek l�rvw \c Treasurers \o ManagerC)\ The 1szr�� , \� V. is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken ).1q9 a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: AM= The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is STATE OF �UCt <a_cL COUNTY OF ( �� legal entity BY: \o- v. Name of Bidder (T ped) G ��l f e Signature Title The foregoing instrument was acknowledged before me this 03.Lday of uo., A , 2009, by _�_ c \2_ . \fie rr�� \« as< e n of aU (tea corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: hAA s apa°�N. Notary Public $; a!e :,r Glide Eire o car"( NAME: My Commis:mr. EU 1 7c, ie Expires 0412:'' 1 (AFFIX OFFICIAL SEAL) GC -P -9 j�l ) (Signature of Notary) (Legibly Printed) t Notary Public, State of I a Commission No.: -7 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we HffluAa rard3mpimr and rrs%kirn, Im (herein after called the Principal) and (herein called the Surety), a corporation chartered and existing under the laws of the State of 1��ivanla with its principal offices In the city of Vi17awa and authorized to do business in the State of Fimdd-i are hold and firmly bound unto the Call.ier gmt-y Baird cf camty Qmnissiamm (hereinafter called the Owner), in the full and just sum of Fiw Recent of Arcunt. Sid in dollars ($ 5% cf Pid 1 good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, Install, and fully complete the Work on the Project known as Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads Bid No. 09.8190 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award In accordance with the terms of such Bid, and give such bond or bonds In an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, In the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of Insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $sg of aid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC -P -10 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 23rd day of Fdsuy 2009, Hmi a ra T;ng and tirn, me Prbnclpal BY �R2 i ' 'G ,, — — (Seal) Surety (Seal) g ) I Countersi ned r r Local Resident Producing Agent for _ M-e Prdpge Gm-p, rm-- 00 -P -11 First Sealord Surety, Inc. Power No: MIA- 0467 -09 -00688 P e of Attorne KNOW ALL MEN BY THESE PRS @@'`^.{�v �a�tt,,�i�st 5o`d Suna, a coryoration of the Commonwealth of Pennsyhjr�a(he "Company ") has made, constituted an3 poi ei3�and' these presents does make, constitute and appoint 11 David B. Shick, David R. Turclos and /or Steven Schumacher all of Tampa, Florida its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surely bonds, undertakings and other instruments of a \` tlhaa� na�e s�folV7 \\yi \\t��\ \ \\`\ \\\� \ \� \ �� \ .fir -•��\\ �•� \� \ \\ \\ \` ++�,�x \`d `�c�$dF.j�%Illot\�i7ellars"'r \(e�i�0 0\ �\ \\ \ Sic nor7ra ce 1i ies; urn �bbn s; nde a 'ngs an 'fdstr n1s'.ior said p pase3, w eVtrU ex ed'b the,afore idaAtibr in- aft 'sh8 f. g \ \� binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of said Attorney -In -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursue \ f I n y si hi'cf v��I duly adopted by the Board of Directors of the s \r � pt� B3 ��\ with all Amendments thereto and sli n for n AN \� ' \\\ � � �` \ \\ \� \\ C \\ 1 \ \ \`\ \\\ \\ \ti \ 'Article XII: Policies, Bonds, Recognitions, itipu ations, Consents of Surely, Underwriting Undertakings, and Instruments Relating Thereto. Section 12.1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, 'agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attorney- In-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or, esenl t''Lv Th �tpporily of su kAttorney -In -Fact and Agents shall be as prescribe In the I trumenl\ \ evidencing their appointment. Any�*y�r�p bi'�iWle�t IOgut @ @@ rjty�ki nted thereby may be revoked at any time by person empowered to make suciry'fl3po` \ \:' \ \ \�� \``\ \ \�� X\` \�' \\ IN WITNESS WHEREOF, First Sea \e} SUre� n .has caused thaWpiesents to be duly signed and Its corporate seal to"'`tS�� $�tarev o`.a \�edsa d duty attested this 201h day of January, 2004. \ \ \, O\\ \ \ \� \ \� \ \ \\ \ ` \ \ \\ \ \ \\ ♦ \ \�` (Seal)q;,`a`swkea` Attest: By: Commonwealth g of Pennsylvania F\ �\gg \� \a \� \\\ Joel D. Cooperman, Vice Pre��re�t. County of Mont ome \ \1 On this 20th day of January, 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sealord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that h!..% rLed his name thereto as Vice President of said Corporation by like authority. COMMONWEALTH O PENNSYLVANI rte, 1 T..gl'' fiwa //o`s,'`q Notaliaf Seal (Seal) t = "� �^ And" T. b'tewad, Nderyf'WAo �` Pj-` ` -Notary Public LowarMedon Twa, _ o \hlvP.4 ` v\ MY CAfiVnI59k(1 �r \ \l` \\ V`� \\ \?rq. r4c.`✓ \. `\ \� \\ ER F��SATE Member, Pennant A' W� f eke \\ \ \`\ I, the underst'hbd Secretary of Fir`)ti$e`k1 r pro Inrr\ o herebyr� dify that the original Power of Attorney of which tfie�oLq {qi rs �u I lrf correct copy, is In full force and etfectbbn the T e f this or ificate nd I do further certdy that the Officer who executed lh saia Poww j o7 Attor ey was one of the Officers authorized by the Board of Directors to appoint an Attorney -in -Fact as provided In Section 12 -1 of the By -Laws of First Sealord Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By -Laws of First Seaford A� \ ` � \a \ e \ `p \ \ P l �Phe`g� `h \ �rW \nts`'e�el y:on \ \ \\ Se id Tile use of a` tinted acsimAe o Yh�.cbi tirate s8at�oh�lie Cor orafi n n NI n ttYr of�the S cr a orary.As isfa any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12 -1 of the By -Laws appointing and authorizing an Attorney -in -Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other Instruments described in said Secfo'Ly 1, i�h� i e\e fish ` T u h se and such signature had been manually affixed a de.\\ ` s In Witness Whereof, I have hereu o set. and' nd �z r �d the c4, race seal of the Corporation to these presents \\ \ \\ this 2-'Xd day f `\ \\ �\ \ \' Y y 20�. This power of attorney is vold unless the Bond number Is inserted in this paragraph (insert Bond N here 09 -1221 ), the bond number is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or by the agent. (seal) <Gaily, L. Bragg, ecretary x \'\ \ \\ First_Sealord_Surety_POAAoc (Ed. 01/2012004) Ac# 32 2 $ 0 2 STlATE of F� ORIna:. DEFARTMENT'4 B(J£#T�YIHSS° A PROFE9S14NAL REGULATION CON3TRUC,%,O, IND TRY ,TCENSING EOARI? 8150#02052100512 LXCENS_ NBR° 1 6/_21 2'007 068189079 The BCTSINESS,,' ;ORGANIG_ALION ` Named beldw TS QUALIg=D Under - -:ths QroVieiOn Chi, 6'r h89 F9 Expiration date AUG 20 (THIS IS NOT A LICENSE TO PERj?bt l4ORK, THIS ALLOWS. COMPANY TO D0. BUSINESS „ONL.1 IF' IT: HAS ;A,.(�UAt IER'; ) AMERICAN BORING- TRENCHING 6560' PANGOLA _ROA FORT MYERS FL 33,965 CHARLIE GRIST HOI�I YY BENSON GO'V91” ' DISPL 1 t�S REQU RED BY LAW S CRETART. AG# 9 13156 TATE OF,FI;ORI4A ,AEpAA 1.14E fl, 02R "B x A'S "�1Ng Pp _O ROFESSIONAL REGULATION IT Tt L.IOSNSING STRY BOARD SEQ #7,08081302556 0.8 13 2668 087:90577] >CU�1223$ The UNDERGROUND,'UTILITY RXCAV�ITON 'JON-'dO ", Ngmed belOW TS 'CERTIFIED . - Under the provto O'na o Expiration 'date: AUG 37 2010, d i r GARLi(rTA BRENT M AMER BORING &; T 2ENCH2NG %INC. 6560 `;'PANGOL7� RA FORT MYERS '' Fk, 33305 CHARLIE CRISR t CHARTT��E3 0S7ERNOR AS W. DRAGO SECRETARY 0)SFLA� R QUIREO BY LAW LEE COUNTY LOCAL BUSINESS TAX RECEIPT 2008-2009 ' ACCOUNT NUMBER: 0000396 ACCOUNT EXPIRES SEPTEMBER 30, 2009 Location 6560 PANGOLA DR FT MYERS FL 33905 AMERICAN BORING AND TRENCHING INC GARLAND BRENT M 6560 PANGOLA DR FT MYERS FL 33905 UNDERGROUND UTILITY OR EXCAVATION CONTRACTOR PAID 016751.4461 DP500 E 09/08/2008 04:03 PM 550.00 LEE COUNTY LOCAL BUSINESS TAX RECEIPT "� 2008-2009 ACCOUNT NUMBER; 0000396 ACCOUNT EXPIRES SEPTEMBER 30, 2009 0 ��'P� 1 Mav enome in the business of: Location 6560 PANGOLA DR FT MYERS FL 33905 AMERICAN BORING AND TRENCHING INC GARLAND 8RENT M 6560 PANGOLA OR FT MYERS FL 33905 �h UNDERGROUND UTILITY OR EXCAVATION CONTRACTOR .1% THIS IS NOT A BILL - DO NOT PAY PAID 016751.448-1 09(08/200604;03 PM OP500 $50.00 CdbCO COCA P.O.'BOx 60531 Ft. Myers, Fl 33906 -0531 Office: (239) 334 -4427 Fax: (239) 334-3997 E-Mail: Cdr- =f P @&hdi1M11L= January 14, 2009 Cabco Corp P.O.'Box 60531 Ft. Myers, Fl 33906 -0531 Office: (239) 334 -4427 Fax -, (239)334 -3997 E -Mail: cabcocoip9_knIh =mAl = January 14, 2009 To Whom It May Concern: Cabco Corporation has been in business in tee County the surrounding areas since February 1987. Cabco Corporation has been doing business in the southwest Florida area for over 20 years. J`iaxutV. Ataxy LEE COUNTY LOCAL BUSINESS TAX RECEIPT ,6«. 2008-2009 + s ACCOUNT NUMBER: 0503515', ACCOUNT EXPIRES SEPTEMBER 30, 2009 . RIiMR 4' Location 10600 SHARON DR N FT MYERS FL 33917 H & S UNDERGROUND STRICKLER STEVEN JAMES 10600 SHARON OR N FT MYERS FL 33917 May engage in the business of: - UNDERGROUND UTILITY OR EXCAVATION CONTRACTOR THIS IS NOT A BILL - DO NOT PAY PAID 247152 -32 -1 09/04/200811:50 AM WEB .- $50.00 J go, W` HANNULA LANDSCAPING & IRRIGATION, INC, Collier County Board of County Commissioners BID # 09 -5190 Landscape and Irrigation Installation Projects Immokalee, Rattlesnake Hammock and Vanderbilt Beach Road Hannula Landscaping and Irrigation is a fill service landscape, irrigation and maintenance company which has served Collier and Lee Counties for the past sixteen years. During that time we have been awarded and completed numerous roadway projects — see attached Item 2 — Five Year Experience Documentation. Our projects have ranged from $400,000 to $3,600,000. In addition, we have successfully completed seven roadway projects installed concurrently during 2007 -2008' totaling $7,121,450 The factors to consider in awarding multiple projects to Hannula Landscaping and Irrigation are as follows 1. During a down turn in the economy we have been able to retain our experienced management and crew supervisors 2. Additional skilled labor applicants apply daily enabling us to readily and adequately staff our projects. 3. The projects would be managed by our experienced management team: Vanderbilt Beach Road I & II Damon Himmel — 3 years experience Lee County roadway projects and Pearland, Texas commercial project. Scott Douglas — Irrigation manager 5 years roadway projects in Collier and Lee County Andy Estrada - Landscape manager 5 years roadway projects in Collier and Lee County Katie Myers — Project Coordinator Jennifer HuxAklar — Purchaser 28131 Qualls Nest Lane, Bonita Springs, FL 34135 (239) 992-2210 office (239) 498 -6818 fax ImmokaIee Road 1I & IH Dale Hannula — 15 years roadway projects in Collier and Lee County Annette Carbary — Gulf Coast Town Center, Midfield Airport and Mercato. Commercial projects range $2.5 — 3.8 million. Scott Douglas — Irrigation manager 5 years roadway projects in Collier and Lee County Andy Estrada - Landscape manager 5 years roadway projects in Collier and Lee County Katie Myers — Project Coordinator Jennifer HuxAklar — Purchaser Rattlesnake Hammock Dale Hannula — 15 years roadway projects in Collier and Lee County Scott Douglas — Irrigation manager 5 years roadway projects in Collier and Lee County Andy Estrada - Landscape manager 5 years roadway projects in Collier and Lee County Katie Myers — Project Coordinator Jennifer HuxAldar — Purchaser Please consider the attached credentials for award of all five roadway projects. / Sincerely, Dale F. Hannula President 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax Qualifier Certification Information CDPR2307 - Qualifier Certification Information Collier County Board of County Commissioners Printed on 9/23/200 2:32:51PM CD -Plus for Windaas CERT NBR: 18618 QUALIFIER NBR: 12870 DALE F. HANNULA CLASP. CODE: 9^20 IRRIGATION SPRINKLER CONTE. STATE NBR: COUNTY COMP CARD: STATE EXP LIAB EXP WC EXP ORIG ISSD RENEWAL EXPIRES 1/13/2009 1/1/2009 7/31/1998 9/30/2009 DBA: HANNULA IRRIGATION, INC. WC EXEMPT: N OL EXEMPT: Y ADDRESS: 26731 QUAILS NEST LANE EXEMPT EXP DATE: i T' . PHONE: BON'TP_ SPRINGS (239)992 -2210 ,, FAX: FL M 0 39135- Qualifier Certification Information CDPR2307 - Qualifier Certification Information Collier County Board of County Commissioners Printed on 9/23/200 2:30: 58PM CD -Plus for Windows CERT NBR: 12870 QUALIFIER NBR: 12870 DALE F. HANNULA CLASS CODE: 4235 LANDSCAPING RESTRICTED CONTR. STATE NBR: COUNTY COMP CARD: 3432SC STATE EXP LIAB EXP WC EXP ORIG ISSD RENEWAL EXPIRES 1/13/2009 1/1/2009 1/20/1993 9/30/2009 DBA: HANNULA LANDSCAPING, INC. WC EXEMPT: N OL EXEMPT: Y ADDRESS: 28131 QUAILS NEST LANE EXEMPT EXP DATE: CITY: BONITA SPRINGS F14 34135 -6932 PHONE: (239)992 -2210 FAX: (23 9,) 498 -6818 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTOR'S EXPERIENCE BID NUMBER 09 -5190 ADDENDUM #1 Landscape and Irrigation Projects Immokalee, Rattlesnake Hammock and Vanderbilt Roads ITEM 3 COMMUNICATION EQUIPMENT Main Office 239- 992 -2210 Receptionist — Tina McKay Main Office Fax 239 - 498 -6818 Nextel /Sprint EMAIL Dale Hannula Owner 239- 872 -6632 dhannulaL( lnumulalandscapine coin 161 *35 *28384 Damon Himmel Operations Manager 239 - 872 -6646 d dloinuuel(-(Dhaimulalatidscapine .com 161 *35 *28394 Scott Douglas Irrigation Manager 239 -872 -6622 sdouglas a hannulalandscapina.com 161 *35 *28378 Andy Estrada Landscape Manager 239 -340 -4723 acstradanhanuulalandscapiti om 159 *22675 *1 Annette Carbary General Manager 239- 872 -6634 acarbaryLcliannulalandscaa )ing.coau 161 *35*28385 Katie Myers Project Coordinator 239 -494 -7696 kill To r ra nulalandseaping.com 159 *5033 *121 Jennifer HuxAklar Purchaser 239 -872 -6620 ihuxAlar((D.hammlalandscauine.com 161 *35 *28377 2008 Step ladder 6' Double 2008 Step ladder 6' Double Pruners hand Loppers Saw hand Saw pole hand Grabbers debris Hedge trimmer hand Tarp truck mount roll__ ITEM 5 KEY EMPLOYEES Dale Hannula 28 Years of Construction Experience President 26 Years of Related Experience Cost Range $15 Million Education Bachelor of Science Degree, Social Science /Psychology Annette Carbary 22 Years of Construction Experience Business Development/Project Manager 13 Years of Related Experience Cost Range $15 Million Education Bachelor of Science Degree, Accounting/Finance Damon Himmel 23 Years of Construction Experience Operations Manager 14 Years of Related Experience Cost Range $10 Million Experience Irrigation, Landscape, Grade, Drainage, and Handscape Construction Scott Douglas 24 Years of Construction Experience Irrigation Manager 24 Years of Related Experience Cost Range $15 Million Education Bachelor of Arts, Computer Graphic Experience Irrigation Management, Design, Rain Bird Maxiconn Certified, Licensed Nelson Agricultural Installer Andy Estrada Landscape Manager Cost Range Education Jennifer HuxAklar Purchaser Cost Range Experience 08 Years of Construction Experience 6 Years of Related Experience $15 Million Bachelor of Science Degree I1 Years of Construction Experience 09 Years of Related Experience $5 Million Irrigation Fstimating and Purchasing, Contracts Administration, Finance and Cost Analyst ITEM 6 WORKLOAD - $250095000 APRIL - DECEMBER 2009 \,fanning Construction Co., Ine.:8 -1656 Holiday Inn Express a The Forum 24,970.00 Forum Development & Consulting, Ine.:8 -1628 21st Century Oncology Center 195,206.00 Hardin Construction Company LLC:8 -1627 Marriott Crystal Shores 142,838.65 Hoar Construction:7 -1576 The Mercato 571,068.03 Bonness, hic.:8 -1625 Brooks Village 441,826.00 Collier County Governmentt8 -1658 I -75 & Golden Gate LS Additions 97,995.75 Collier County Government:8 -1645 Loral Circle 20 728,84 Collier County Governntent:9 -1665 Collier County Annual: Tragic Accident 11825,726 & 820 44760 Bonness, fne.:9 -1666 Radio Road Steve i \400re:9 -1669 Moore Residence 7,231.00 City of Cape Cord]: BMX Softball Park & Pelican Baseball Park 60,410.00 E.T. MacKenzie of Florida, 1nc.:13onita Exchange 235,000.00 f: F. MacKenzie of Florida, Inc.:8 -1659 Metro Parkway SR 739 65,259.00 Collier County Government: Landscape & Fence Work a Patin Beach & Rita Eaton Parks 146,786.19 All .60 j 60 cr rttY Fri FM C). CD CD ro am :,Um ga gg $3 Pa rn 2 0 AD z N Lei o' °w, (D r O O � N _ O Pa rn R.. n. N a!p O .V1 C "� N N 43 p- / 23 p CD SO a a .m `3 . m.`m5o m M 7 co ` y _� - m o��Q `K. :,3 t'o nor 0 C Lr�': N " 2 SD i 3 IVV, it 2 ,! O i r R.. n. N a!p O .V1 C "� N N 43 p- / 23 p CD SO a a .m `3 . m.`m5o m M 7 co ` y _� - m o��Q `K. :,3 t'o nor 0 C Lr�': N " 2 SD i 3 IVV, it o� 0 c R n ee T ro" rk O O y �J b k.. k �Z.tyt WE Ell too-, I r ^�:� �1 -� err fir .rte SLY �iQ�••�Liyr/ .. i � T O � M 0 EL � ✓4 /^ m T ro" rk O O y �J b k.. k �Z.tyt WE Ell too-, I r ^�:� �1 -� err fir .rte SLY �iQ�••�Liyr/ .. i � T F[ - r� c '~ + c'�' "., �:: J'' 1{ 0 0 1 n : nl1 �1 \�` r rl {1 {\ 7 J.• 37 T U) ADDENDUM #1 Collier County Board of County Commissioners Contractor's Experience Bid Number: 09 -5190 Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock and Vanderbilt Beach Roads In order for Contractors and Subcontractors to be qualified to provide the services required by Collier County under this solicitation, Bidders must submit the information requested below. Documentation for items must be submitted with the bid. Bidders will be deemed non - responsive and their bids will not be considered. Information must provide convincing, clear and concise evidence acceptable to Collier County, that Bidder meets each of the following minimum requirements: Bidder must have a minimum of five (5) years experience in right of way median landscape dnd irrigation installation. This experience must Include projects of like size and complexity for each service listed _1 f13 NNVIA L, °µ0 -vin PlnJ (,.. a. Who will be performing the landscape installation: h� ni 14 ,7iu I `� Prime: i. or Subcontractor: Do they meet the 5 year South Florida experience minimum? (Defined as the following Counties: Collier, Lee, Broward, Miami -Dade and West Palm Beach) Yes: �C No: Projects of like size and complexity: Yes: X No: b. Who will be performing the irrigation system installation? 4A,j,ol.a L,,N� >cnPfnl(s LN"1 - rR- 2iblrlW IiNC �CV'1T P(>v6inS Prime:! X or Subcontractor: Do they meet the 5 year South Florida experience minimum? Yes: X No: Projects of like size and complexity: Yes: X No: OANNJ In LA C$('A on I M & c. Who will be performing the maintenance of traffic: Prime: or Subcontractor: Do they meet the 5 year experience minimum? Yes: �_ No: ADDENDUM #1 Projects of like size and complexity: Yes: No: d. Who will be performing the Motorola Controller installation: 11A,j ,yiA 11, ti0 5CieI� L Atak> - L.itiiLA-.,a,.r , 1,46 . 5 k outi -610 Prime: X or Subcontractor: Do they meet the 5 year experience minimum? Yes: X No: Projects of like size and complexity: Yes: X No: 2. Bidder must provide convincing, verifiable, clear and concise documentation acceptable to Collier County, that Bidder and his subcontractor's must have a minimum of five (5) years experience in the specific areas of expertise that the Bidder and subcontractor is providing services for as listed above in items A through D; this documentation must be substantiated that each firm has provided services that are comparable in size and complexity to those requested in the solicitation. For items A -D below, provide the name of the account, address, telephone number and name of contact person, dates of service, contract amount, approximate size of areas serviced and type of work performed for verification. A. Landscape installation, prime or sub - contractor. B. Irrigation system installation, prime or sub - contractor. C. Maintenance of Traffic, prime or sub- contractor. D. Irrigation, Motorola Controller installation, prime or sub - contractor. 3. Provide evidence of communication equipment for prime contractor such as cellular telephone, which allow the County immediate access to the contractor when services are required. The access must be provided on a twenty -four (24) hour basis seven (7) days a week both on and off -site; 4. The contractor is to provide a list of all leased and owned equipment. 5. List of landscape installation and irrigation employees performing the work on each project. (provide title, length of employment with your company, experience) 6. List current projects that are part of your firm's workload for April through December 2009 (provide location, contract amount, duration, staff assigned). 7. Provide copies of current landscaping /irrigation licenses. CONTRACTOR'S EXPERIENCE, REFERENCES AND COMMUNICATION EQUIPMENT LANDSCAPING & IRRIGATION INSTALLATION PROJECTS FOR IMMOKALEE, RATTLESNAKE HAMMOCK AND VANDERBILT BEACH ROADS ITEM 2 CONTRACTOR'S (5) YEARS EXPERIENCE AS A LANDSCAPE, IRRIGATION, AND MAINTENANCE CONTRACTOR 1. Evidence Of (5) Years Experience In Specific Area Of Expertise For which Services Are Provided. The Following projects specifically include landscape installation, irrigation system installation, irrigation system with drip tube emitters, pump station installation, well drilling, sign fabrication and installation, fencing, hardscapes, landscape maintenance, directional boring, maintenance of traffic, electrical service, irrigation system maintenance and turf grass maintenance. Name of Project Account Contract Start / Owner/Contact Amount Complete 1. Golden Gate Parkway $1,317,845.00 2007 -2008 Collier County ATM Dept. Grade Separated Overpass 2885 S. Horseshoe Drive Naples, Florida Naples, Florida 34104 Two Miles Roadway Medians Mr. Bob Petersen 239 - 252 -5871 Services Provided: Prime Contractor: Landscaping and Irrigation Installation, Directional Boring, Signage Repair, Maintenance of Traffic, Site Work (Demolition and Grading) Irrigation System. Landscaping, Turf Grass, and Irrigation System Maintenance. 2. Gulf Coast Town Center $3,607,900.002005-2007 CBL & Assoc. Estero Florida Chattanooga Tennessee 15 Acre Shopping Center Mr. Brian Stoker 423- 855 -1550 Services Provided: Sub Contractor to General Contractor: Landscaping and Irrigation Installation, Directional Boring, Signage Installation, Fencing, Site Work, Hardscapes, Maintenance of Traffic, Irrigation System. Landscaping, Turf Grass, and Irrigation System Maintenance until Acceptance; And During Construction. 3. U.S 41 Corkscrew Road $1,685,291.00 2007 -2008 Lee County DOT To Northern City Limits Operations Of Bonita Springs 5560 Zip Drive Bonita Springs Ft. Myers, Florida 33905 Three Plus Miles Roadway Medians Bob DeBrock 239 -533 -9425 Services Provided: Prime Contractor: Landscaping and Irrigation Installation, Irrigation System with Drip Tubing and Emitters, Directional Boring, Site Work, Maintenance of Traffic, Electrical Services, and Maintenance of Traffic. Landscaping, Turf Grass and Irrigation System Maintenance. 4. S.W. FL. Regional $2,232,555.00 2004 -2005 Lee County Port Authority Airport Steve Monk- John Carlo Ft. Myers, Florida 239- 707 -1126 Airport Building, Parking, and Common Areas Services Provided: Subcontractor to General Contractor: Landscape and Irrigation System Installation, Sign /Gazebo Fabrication and Installation, Fencing Maintenance of Traffic, Site Work, and Electrical Services. Landscaping, Turf Grass, and Irrigation System Maintenance during. Construction. 5. U.S. 41 SR 90 $973,859.00 2007 -2007 Collier County ATM Tamiami Trail Department East Phase D 2885 S. Horseshoe Drive Naples, Florida Naples, Florida 34104 Two Miles Roadway Medians and ROW Mr. Bob Petersen 239 - 252 -5871 Services Provided: Prune Contractor Landscape And Irrigation System Installation, Pump Installation, Signage Repair, Directional Boring, Maintenance Of Traffic, Electrical Services, and Site Work. Landscaping, Turf Grass, and Irrigation System Maintenance during Construction. 6. Azure at Bonita Bay $749,125.00 2005.2006 Lutgert Companies Bonita Springs, Florida Naples, Florida High Rise Condominium Michael Hoyt 239- 495 -6464 Services Provided: Subcontractor to General Contractor: Landscape and Irrigation System Installation, Electrical Services, Tower Crane Direction, Water Meter Connections. Landscaping, Turf Grass, and Irrigation System Maintenance During Construction. Airport Pulling Road $506,749.00 2004 -2004 Collier County ATM Dept. Naples, Florida 2885 S. Horseshoe Drive Two Miles Roadway Medians and ROW Naples, Florida 34104 Ms. Pam Lulich_P 239 - 252 -6291 Services Provided: Prime Contractor: Landscape and Irrigation System Installation, Electrical Services, Site Work, Directional Boring, Maintenance of Traffic. Landscape, Turf Grass, and Irrigation System Maintenance during Construction. 8, Golden Gate Blvd. $478,939.00 2003 -2007 Collier County ATM Dept. Phase IH, 2885 S. Horseshoe Drive Phase II Naples, Florida 34104 Phase I Scott Windham Naples, Florida 239- 390 -1936 Three Plus Miles Roadway Medians and ROW Services Provided: Prime Contractor Landscape And Irrigation System Installation, Electrical Services, Directional Boring, Well Drilling, Signage, Maintenance Of Traffic, Site Work. Landscaping, Turf Grass, and Irrigation System Maintenance during Construction. 9. Collections AT $1,094,819.00 2006 -2007 Woolbright Development Vanderbilt Naples, Florida Naples, Florida Laura Sloat Five Plus Acre Shopping Center 239 -596 -2807 Services Provided: Sub Contractor To Developer: Landscape And Irrigation Systems Installation, Site Work, Tree Relocation, Irrigation Maintenance. Landscaping, And Turf Grass Maintenance During Construction. 10 Livingston Road $, 1,015,702.00 2004 -2005 Collier County ATM Dept. Immokalee To The 2885 S. Horseshoe Drive Collier County Line Naples, Florida 34104 Naples, Florida Bob Petersen Five Plus Miles Roadway Medians And ROW 239 -252 -5871 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Electrical Services, Directional Boring, Water Meter Connections, Pump Stations, Maintenance Of traffic, Site Work. Landscape, Turf Grass, And Irrigation System Maintenance During Construction. 11 U.S. 41 Boy Scout Drive $934,674.00 2007 -2008 Lee County DOT Fowler Street To College Operations Parkway 5560 Zip Drive One Plus Mile Roadway Medians Ft. Myers, Florida 33905 Bob DeBrock 239 -533 -9425 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Electrical Services, Directional Boring, Pump Stations, Maintenance Of Traffic, Site Work, Concrete Removal, Trellis Installation, Irrigation System With Drip Tubing And Emitters, Irrigation And Landscape Maintenance 12 Bonita Beach Road $783,450.00 2007 -2008 Lee County DOT Landscape & Irrigation Operations Project From Mango Drive 5560 Zip Drive To I -75 Ft. Myers, Florida 33905 Two Miles Roadway Medians And ROW Bob DeBrock 239 -533 -9425 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Irrigation System With Drip Tubing And Emitters, Electrical Services, Directional Boring, Maintenance Of Traffic, Pump Stations, and Site Work. Irrigation, Landscaping, And Turf Grass Maintenance. 13 U.S. 41 (SR 90) Tamiami Trail $ 588,355.00 2007 -2007 Collier Comity ATM East Phase E Barefoot Williams Department To Collier Blvd. 2885 S. Horseshoe Dr. One Plus Miles, Roadway Medians & ROW Naples, Florida 34104 Mr. Bob Petersen 239 - 252 -5871 Services Provided: Prime Contractor: Landscaping And Irrigation System Installation, Pump Stations, Directional Boring, Maintenance Of Traffic, Electrical Services, Site work. Landscape, Turf Grass, and Irrigation System Maintenance During Construction. 14 US 41 Phase V $ 670,280.00 2007 Collier County ATM 2885 S. Horseshoe Dr. Two Plus Miles, Roadway Medians & ROW Naples, Florida 34104 Mr. Bob Petersen 239 - 252 -5871 Services Provided: Prime Contractor: Landscaping And Irrigation System Installation, Pump Stations, Directional Boring, Maintenance Of Traffic, Electrical Services, Site work. Landscape, Turf Grass, and Irrigation System Maintenance During Construction. 15 Goodlette Frank $ 897,189.00 2007 -2008 Collier County ATM Golden Gate to Pine Ridge Department 2885 S. Horseshoe Dr. Two Plus Miles, Roadway Medians & ROW Naples, Florida 34104 Mr. Bob Petersen 239 - 252 -5871 Services Provided: Prime Contractor: Landscaping And Irrigation System Installation, Pump Stations, Directional Boring, Maintenance Of Traffic, Electrical Services, Site work. Landscape, Turf Grass, and Irrigation System Maintenance During Construction. Dale F. Hannula Hannula Landscaping and Irrigation, Inc. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTOR'S EXPERIENCE BID NUMBER 09 -5190 ADDENDUM 0H Landscape and Irrigation Projects Immokalee, Rattlesnake Hammock and Vanderbilt Roads ITEM 3 COMMUNICATION EQUIPMENT Main Office 239- 992 -2210 Receptionist — Tina McKay Main Office Fax 239 -498 -6818 Nextel /Sprint EMAII, Dale Hannula Owner 239 - 872 -6632 dlannula a hannulalandscapina.com 161 *35 *28384 Damon Himmel Operations Manager 239 - 872 -6646 <Illiinmel ( hatmulata<idscapina.cont 161*35 *28394 Scott Douglas Irrigation Manager 239- 872 -6622 sdouplas@ hannulalandscapin¢.com 161 *35*28378 Andy Estrada Landscape Manager 239 -340 -4723 aestrada t hannulalandscaping.com 159 *22675 *1 Annette Carbary General Manager 239- 872 -6634 acarbary(chaunulalandscapina .can 16t *35 *28385 Katie Myers Project Coordinator 239 -494 -7696 kiiiyersgllamntlalandscapint ,.coat t59 *5033 *121 Jennifer HuxAklar Purchaser 239 - 872 -6620 ihuxaklat Y(rhannulalandscaoinQ.cotn 161 *35 *28377 2008 23 Years of Construction Experience Step ladder 6' Double 2008 Cost Range Step ladder 6' Double Experience Irrigation, Landscape, Grade, Drainage, and Hardscape Construction Pruners hand 24 Years of Construction Experience Irrigation Manager Loppers Cost Range $15 Million _ Saw hand Bachelor of Arts, Computer Graphic Experience Saw pole hand Licensed Nelson Agricultural Installer Grabbers debris Hedge trimmer hand Tarp truck mount roll -up ITEM 5 KEY EMPLOYEES Dale Hannula 28 Years of Construction Experience President 26 Years of Related Experience Cost Range $15 Million Education Bachelor of Science Degree, Social Science /Psychology Annette Carbaty 22 Years of Construction Experience Business Development/Project Manager 13 Years of Related Experience Cost Range $15 Million Education Bachelor of Science Degree, Accounting/Finance Damon Himmel 23 Years of Construction Experience Operations Manager 14 Years of Related Experience Cost Range $10 Million Experience Irrigation, Landscape, Grade, Drainage, and Hardscape Construction Scott Douglas 24 Years of Construction Experience Irrigation Manager 24 Years of Related Experience Cost Range $15 Million Education Bachelor of Arts, Computer Graphic Experience Irrigation Management, Design, Rain Bird Maxicmn Certified, Licensed Nelson Agricultural Installer Andy Estrada 08 Years of Construction Experience Landscape Manager 6 Years of Related Experience Cost Range $15 Million Education Bachelor of Science Degree Jennifer HuxAklar 11 Years of Construction Experience Purchaser 09 Years of Related Experience Cost Range $5 Million Experience Irrigation Estimating and Purchasing, Contracts Administration, Finance and Cost Analyst ITEM 6 WORKLOAD - $2,009,000 APRIL - DECEMBER 2009 Manning Construction Co., luc.:8 -1656 Holiday Inn Express a The Fonun Forum Development & Consulting, Ine.:8 -1628 21st Century Oncology Centcr Hardin Construction Company LLC:8.1627 Marriott Crystal Shores Hoar Constmction:7- 15761'he Mercato pertness, Inc.:8 -1625 Brooks Village Collier County Government:8 -1658 I -75 & Golden Gate LS Additions Collier County Government:8 -1645 Dural Circle Collier County Government:9 -1665 Collier County Annua4'i -raRic Accident 1825,726 & 820 04760 Bonness, Inc.:9 -1666 Radio Road Steve Moore;9 -1669 Moore Residence City of Cape Coral: BMX Softball Park & Pelican Baseball Park ET. NlaeKenzie of Florida, IncAlonita Exchange F. f. MacKenzie ol'Floridn, Inc.:8 -1659 Metro Parkway SR 739 Collier County Government: Landscape & Fence Pork a Pahn Beach & Rita Eaton Parks 24,970.00 195,206.00 142,838.65 571,068.03 441,826.00 97,995.75 20,728.83 7,231.00 60,410.00 235,000.00 65,259.00 146,786.19 AD d` HANNULR LANDSCAPING & IRRIGATION, INC. BID NUMBER 09 -5190 LANDSCAPE AND IRRIGATION INSTALLATION PROJECTS IMMOKALEE ROAD, RATTLESNAKE HAMMOCK AND VANDERBILT BEACH ROAD EMPLOYEE INFORMATION JOB EXPERIENCE AND PROJECT ASSIGNMENT Project Manager: Dale Hannula: (28) Years Experience Projects: U.S. 41 Phase D & E, U.S. 41 Phase V, Golden Gate Parkway Grade Separated Overpass, Pine Ridge Road, Goodlette Road, Livingston Road, Airport Road, Bayshore Drive, Tropicana Boulevard, Treeline Drive, Sunshine Boulevard, Davis Boulevard, Radio Road, Golden Gate Boulevard, County Road 951. Project Mamager: Damon Himmel: (23) Years Experience Projects: Boy Scout Road, U.S. 41 Corkscrew Road To City Limits Of Bonita Springs, Bonita Beach Road, South West Florida Regional Airport. Proiect Manager: Annette Carbary: (22) Years Experience Projects: Gulf Coast Town Center, South West Florida Regional Airport, The Mercato Irrigation Manager: Scott Douglas: (24) Years Experience Projects: U.S. 41 Phase D & E, Airport Road, Goodlette Road, Pine Ridge Road, Livingston Road, U.S. 41 Phase V, Golden Gate Boulevard, Bayshore Drive, Sunshine Boulevard, Bayshore Drive, Rattlesnake Hammock Road, South West Florida Regional Airport, Gulf Coast Town Center, The Mercato, Naples Airport, Boy Scout Road, U.S. 41 Corkscrew Road To City Limits Of Bonita Springs, Bonita Beach Road. Landscape Manager: Andy Estrada: (8) Years Experience Projects: U.S. 41 Phase D & E, U.S. 41 Phase V, Airport Road, Goodlette Road, Pine Ridge Road, Livingston Road, Golden Gate Boulevard, Davis Boulevard, Sunshine Boulevard, Bayshore Drive, Rattlesnake Hammock Road, South West Florida Regional Airport, Gulf Coast Town Center, The Mercato, Boy Scout Road, U.S. 41 Corkscrew Road to City Limits Of Bonita Springs, Bonita Beach Road, Golden Gate Parkway Grade Separated Overpass, Radio Road. Purchaser: Jennifer HuxAklar: (11) Years Experience Projects: U.S. 41 Phase D & E, U.S. 41 Phase V, U.S. 41 Corkscrew Road to City Limits Of Bonita Springs, Bonita Beach Road, Boy Scout Road, Goodlette Road, Livingston Road, Golden 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax Gate Boulevard, Gulf Coast Town Center, The Mercato, Golden Gate Parkway Grade Separated Overpass, Bayshore Drive, Treeline Avenue. Irrigation Assistant Manager: Esteban Tovor (8) Years Experience Projects: U.S. 41 Phase D & E, U.S. 41 Phase V, U.S. 41 Corkscrew Road To City Limits Of Bonita Springs, Bonita Beach Road, Livingston Road, Airport Road, Pine Ridge Road, Goodlette Road, Bayshore Drive, Radio Road, South West Florida Regional Airport, The Mercato, Gulf Coast Town Center, Naples Airport. Irrigation Crew Leader: Jose Felix Garcia: (5) Years Experience Projects: Radio Road, U.S. 41 Phase E, Golden Gate Boulevard. Irrigation Crew Leader: Guillermo Silva: (6) Years Experience Projects: Livingston Road, U.S. 41 Corkscrew Road To City Limits Of Bonita Springs, Bonita Beach Road, Boy Scout Road, The Mercato, Gulf Coast Town Center. Irrigation Crew Leader: Marcos Corona: (7) Years Experience Projects: Rattlesnake Hammock Road, Airport Road, Livingston Road. Irrigation Crew Leader: Juan Perez: (5) Years Experience Projects: Pine Ridge Road, Goodlette Road Landscape Crew Leader: Leobardo Reyna: (10) Years Experience Projects: Livingston Road, Radio Road, Golden Gate Parkway Grade Separated Overpass, Goodlette Road, Golden Gate Boulevard. Landscape Crew Leader: Nolberto Gallardo: (5) Years Experience Projects: Pine Ridge Road, Airport Road, Livingston Road, The Mercato. Landscape Crew Leader: Jose Luis Rodriquez: (5) Years Experience Projects: U.S. 41 Phase D & E, U.S. 41 Phase V Landscape Crew Leader: Martin Tinguar: (5) Years Experience Projects: Sunshine Boulevard, U.S. 41 Corkscrew Road To City Limits Of Bonita Springs. Boy Scout Road. Landscape Crew Leader: Jorge Lazano: (7) Years Experience Proiects: South West Florida Regional Airport, Gulf Coast Town Center, The Mercato, Bonita Beach Road, Naples Airport. PROJECT ASSIGNMENTS: Vanderbilt Beach Road Phase I Project Manager: Damon Himmel Irrigation Manager: Scott Douglas Irrigation Assistant Manager: Esteban Tovor Irrigation Crew Leader: Jose Felix Garcia Landscape Manager: Andy Estrada 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax Landscape Crew Leader: Martin Tinguar Purchaser: Jennifer Hux Aklar Contract Administrator: Katie Myers Vanderbilt Beach Road Phase II Project Manager: Damon Himmel Irrigation Manager: Scott Douglas Irrigation Assistant Manager: Esteban Tovor Irrigation Crew Leader: Guillermo Silva Landscape Manager: Andy Estrada Landscape Crew Leader: Leobardo Reyna Purchaser: Jennifer Hux Aklar Contract Administrator: Katie Myers Immokalee Road Phase II: Project Manager: Dale Hannula Assistant Project Manager: Annette Carbary Irrigation Manager: Scott Douglas Irrigation Assistant Manager: Esteban Tovor Irrigation Crew Leader: Juan Perez Landscape Manager: Andy Estrada Landscape Crew Leader: Nolberto Gallardo Purchaser: Jennifer Hux Aklar Contract Administrator: Katie Myers Immokalee Road Phase III Project Manager: Dale Hannula Assistant Project Manager: Annette Carbary Irrigation Manager: Scott Douglas Irrigation Assistant Manager: Esteban Tovor Irrigation Crew Leader: Marcos Corona Landscape Manager: Andy Estrada Landscape Crew Leader: Jose Luis Rodriquez Purchaser: Jennifer Hux Aklar Contract Administrator: Katie Myers Rattlesnake Hammock Road: Project Manager: Dale Hannula Irrigation Manager: Scott Douglas Irrigation Assistant Manager: Esteban Tovor Irrigation Crew Leader: Esteban Tovor Landscape Manager: Andy Estrada Landscape Crew Leader: Jorge Lazano Purchaser: Jennifer Hux Aklar Contract Administrator: Katie Myers 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Hannula Landscaping and Irrigation, Inc ( "Contractor ") of 28131 Quails Nest Lane Bonita Springs, Florida 34135 a Florida corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads, Bid No. 09 -5190 ( "Project'), as said Work is set forth in the Plans and Specifications prepared by Windham Studios and McGee & Associates, the Engineer and /or Architect of Record ( "Design Professional') and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement' and sometimes as the "Contract'). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents, Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount'), in accordance with the terms of this Agreement: one million, seven hundred eighty six thousand, thirty nine dollars and twenty three cents ($1,786,039.23). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of GC -CA- I which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fnis.treas.eov /c570/c570 html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section S. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within specified (see table below) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within specified (see table below) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. Project Substantial FirtaU Total PrQ:. CoinplQtian Coet%n Day Da s Da s Immokalee Road Phase II & III) 150 30 180 Rattlesnake Hammock Road 150 30 180 Immokalee Road Phases II & III 150 30 180 B. Liquidated Damages in General. GC -CA -2 Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, (see table below) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. Project . t,iquidatd damages . Immokalee Road Phase II & III $1,423.00 Rattlesnake Hammock Road $1,423.00 Immokalee Road Phases II &III $1,423.00 C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. C. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. D. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its GC -CA -3 own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. E. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. F. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. 0 Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans /Specifications prepared by Windham Studio /McGee & Assoc. and identified as follows: Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads as shown on Plan Sheets. Exhibit N: Contractor's List of Key Personnel Section 7. Notices All notices required or made pursuant to this Agreement by the Contractor to the GC -CA -4 Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Pamela Lulich, Project Manager Alternative Transportation Modes 2885 S. Horseshoe Drive /Naples, Florida 34014 (239) 252 -6291 All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Hannula Landscaping and Irrigation, Inc. 28131 Quails Nest Lane /Bonita Springs, Florida 34135 239 - 992 -2210 Fax: 239-498-6818 B. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. GC -CA -5 Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC -CA -6 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FI ST WITNESS ype/ 'nt Nam SECC ND WITNESS / Type /Print Name ATTEST: Dwighf E. Brock;.Clerk ��1M�V Approved RYs T8 orm and Legal Sufficiency: Print Name: Atsista t County Attorney CONTRACTOR: Hannula landscaping and Irrigation, r c �1 .FJaanq Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY LORIDA BY: Dyrrwi�Q., Do na Fiala, Chairman GC -CA -7 April 9, 2009 Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contractor: Hannula Landscaping and Irrigation, Inc. Project: Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads Bond #: 09 -2803 Amount: $ 1,786,039.23 Gentlemen: We have executed the captioned bond(s) on behalf of Hannula Landscaping and Irrigation, Inc in favor of Collier County Board of County Commissioners. Please note that we have not dated the bond(s) or the Power of Attorney. The copy of the contract we received was not dated and as the bond(s) guarantee(s) the contract, they should not be dated prior to the contract. Please accept this letter as authorization to date the enclosed Performance and/or Payment bond(s), as well as the attached Power of Attorney for the captioned project. Please date these items concurrently with the contract date. Please do not hesitate to contact our office should you have any questions in this regard. Thank you. Sincerely, First Sealord Surety, Inc. David B. Shick President Attorney -In -Fact for Surety 7217 Benjamin Road, Tampa, FL 33634 81 3.243.1 1 10 PHONE 1 81 3.243.1 109 fAX I contractbonds ,a)prosuregroup.com EMAIL www.prosuregroup.com EXHIBIT A PUBLIC PAYMENT BOND Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads Bond No. 09 -2803 Contract No. 09 -5190 KNOW ALL MEN BY THESE PRESENTS: That Hannula Landscaping and Irrigation, Inc. , as Principal, and First Sealord Surety Inc., as Surety, located at 4901 NW 171 Wav Ft. Lauderdale, FL 33309 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Obligee in the sum of One Million Seven Hundred Eighty Six Thousand Thirty Nine and 23/100 ($1,786,039.23) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2009, with Obligee for Landscape & Irrigation Installation Projects: Imm_ okalee, Rattlesnake Hammock & Vanderbilt Beach Roads in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed day of 2009, the name of each party being duly signed by its under - signed representative, pursuant to body. GC- CA -A -1 this instrument this affixed and these presents authority of its governing Signed, sealed and delivered in the presence of: ec/ �.� Witnesses as to Pf nc'pal STATE OF lO c6 COUNTY OF The foregoing a corporation she is perionall known to identification and did (did not) take an oat . My Commission Expires: od' 0&* Notary Public State of Florida ? , Gina D Carter y c My Commission 00775416 or a0°8 Expires 0412 212 01 2 (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety NAME: GC- CA -A -2 PRINCIPAL Hannula Landscaping and Irrigation, Inc. 1 NAME: f4 F: 4 ,,,,,,t ITS: ?vt" wa ar • �_ corporation, on behalf of the has produced as c��( -6� (Signature of Notary) i6pa D- x ter (Legibly Printed) Notary Public, State of f0 Commission No.: DD D541(a SURETY: First Sealord Surety, Inc. (Printed Name) 4901 NW 17 th Way, Ft. Lauderdale, FL 33309 (Business Address (Authorized Signature) (Printed Name) OR e Witnesses STATE OF Florida COUNTY OF Hillsborough As Attorney in Fact (Attach Power of Attorney) David B. Shick (Printed Name) 7217 Benjamin Road Tampa, FL 33634 (Business Address) (813) 243 -1110 (Telephone Number) The foregoing instrument was acknowledged before me this 9th day of April, 2009, by David B. Shick, as Attorney -In -Fact of First Sealord Surety, Inc. Surety, on behalf of Surety. He /She is personally known to me OR has produced N/A as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ( nature) Name:David R. Turcios (Legibly Printed) GC- CA -A -3 Notary Public, State of: Commission No.: NMary El,rblic State of Florida Y, David u vurcras My(,ununrssim P4� ,,6777 Exprr 'JM9 /20YU EXHIBIT A PUBLIC PERFORMANCE BOND Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads Bond No.09 -2803 Contract No. 09 -5190 KNOW ALL MEN BY THESE PRESENTS: That Hannula Landscaping and Irrigation, Inc., as Principal, and First Sealord Surety, Inc., as Surety, located at 4901 NW 171 Way, Ft. Lauderdale, FL 33309 (Business Address) are held and firmly bound to Collier County Board of County Commissioners, as Obligee in the sum of One Million Seven ($1,786,039.23) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2009, with Obligee for Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. GC -CA -A-0 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2009, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence /of: as to STATE OF t1W COUNTY OF Lee PRINCIPAL Hannula Landscaoina and Irrigation, Inc, BY: ( �_ NAME: c F �wn✓Gh ITS: vacs; Th foregoing instrument s qcknowledged before me this Qt�l d 2009, by 4p nip of _ +AdA n I cid is cqp corporation, on behalf of the corporate n. personally known to me OR has produced as identification and did (did not take an oath. My Commission Expires: (Sig ture) io`°sY °Wk Notary Public State of "on"a Gina D Garter � y._ :,, a• Ex Commission D0775416 Name: @oi M1OC Expires 04 /2 212 04/2212012 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: lDD*? )Sgl6 GC- CA -A -5 of as a is ATTEST: SURETY: Witnesses as to Surety . A/ Witnesses STATE OF Florida COUNTY OF Hillsborough No First Sealord Surety, Inc. (Printed Name) 4901 NW 17t Wav Ft. Lauderdale, FL 33309 (Business Address) (Authorized Signature) (Printed Name) As Attorney in Fact (Attach Power of Attorney) David B. Shick (Printed Name) 7217 Benjamin Road Tampa, FL 33634 (Business Address) (813) 243 -1110 (Telephone Number) The foregoing instrument was acknowledged before me this 9th day of April, 2009, by David B. Shick, as Attorney -In -Fact of First Sealord Surety, Inc., a known to me OR My Commission Surety, on behalf of Surety. He /She is personally has produced N/A as identification and who did (did not) take an oath. Expires: (Signatures_" — Name:David R. Turcios (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission �. (* Notary Puu iC State o! Floru13 0 ivd P sumo, y !� �a mistiion, , X6777 M „n� S,� � 19120 GC- CA -A -6 First Sealord Surety, Inc. Power No: MIA- 0467 -09 -03636 Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That First Sealord Surety, Inc., a corporation of the Commonwealth of Pennsylvania, (hereinafter the "Company") has made, constituted and appointed, and by these presents does make, constitute and appoint David B. Shick, David R. Turcios and/or Steven Schumacher all of Tampa, Florida its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: " "•' "" Not To Exceed Five Million Dollars ------------------------------ (55,000,000.00) Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal, and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Corporation on April 7, 2003 with all Amendments thereto and are still in full force and effect. "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12 -1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attorney - in -Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative. The authority of such Attorney -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, First Sealord Surety, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 20th day of January, 2004. -,rte o1�;r First Sealord Surety, Inc. Y� 1991 t1_ (Seal) # Attest: By: r _ Gary L. Bragg, Secretary Joel D. Cooperman, Vice President Commonwealth of Pennsylvania County of Montgomery On this 20th day of January, 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sealord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he s ed his name thereto as Vice President of said by like authority. COMMONWEALTH OF PENNSYLVANIA N011111111111 S6W (Seal) -Notary Public My County CERTIFICATE MWbor, PM$yk'Mh AssodoWn dt NOWN I, the under`sign'ed Secretary of First Sealord Surety, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an Attorney -in -Fact as provided in Section 12 -1 of the By -Laws of First Sealord Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By -Laws of First Sealord Surety, Inc.. "Section 12 -2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12 -1 of the By -Laws appointing and authorizing an Attorney -in -Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12 -1, with like effect as if such seal and such signature had been manually affixed and made." In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this _ day of 20_ This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here 09 -2803 ), the bond number is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or by the agent. (seal) Ga LL Bragg�tary First .Sctl rdSurctN_IOA.dcc (I d 01'20/2001) EXHIBIT A PUBLIC PAYMENT BOND Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads Bond No. 09 -2803 Contract No. 09 -5190 KNOW ALL MEN BY THESE PRESENTS: That Hannula Landscaping and Irrigation, Inc. , as Principal, and First Sealord Surety, Inc., as Surety, located at 4901 NW 17 th Way, Ft. Lauderdale, FL 33309 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Obligee in the sum of One Million Seven Hundred Eighty Six Thousand Thirty Nine and 23/100 ($1,786,039.23) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2009, with Obligee for Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2009, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. GC- CA -A -1 Signed, sealed and delivered in the presence of: Witnesses as to`P)ncipal STATE OF Tjot!TdCl COUNTY OF I e!P PRINCIPAL Hannula Landscaping and Irrigation. Inc. BY: NAME: F Pass nss r „ The foregoin-q instrument was acknowledged before me his day of 1'1 Ap 20�, by , as of ��, a corporation, on behalf of the corporation. a is peYso Ilrt� y known to me OR has produced as identification and did (did not ) take an oath. My Commission Expires: 41�ty (AFFIX OFFICIAL SEAL) oIIIIII "ffffffiiiiii , Notary Public State of Florida ATTEST: Gina D Carter My Commission D0775416 for nod Fxpires 04122/2012 Witnesses to Surety NAME: GC- CA -A -2 (Signature of Notary) D. C'cx� (Legibly Printed) Notary Public, State of - l06AA Commission No.: �p115� -kiln SURETY: First Sealord Surety, Inc. (Printed Name) 4901 NW 17 th Way, Ft. Lauderdale, FL 33309 (Business Address (Authorized Signature) (Printed Name) OR Witnesses STATE OF Florida COUNTY OF Hillsborough As Attorney in Fact (Attach Power of Attorney) David B. Shick (Printed Name) 7217 Benjamin Road Tampa, FL 33634 (Business Address) (813) 243 -1110 (Telephone Number) The foregoing instrument was acknowledged before me this 9th day of April, 2009, by David B. Shick, as Attorney -In -Fact of First Sealord Surety, Inc. Surety, on behalf of Surety. He /She is personally known to me OR has produced N/A as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature) Name:David R. Turcios (Legibly Printed) GC- CA -A -3 Notary Public, State of: Commission No.: pU�u -° a H y I� a �fdY of gn'id� �4 Client#: 33375 HANLAI ACORDTe CERTIFICATE OF LIABILITY INSURANCE ° "" POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR 04/08/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. 4100 Goodlette Road North ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples, FL 34103 -3303 A 239 261 -3646 INSURERS AFFORDING COVERAGE NAIC # INSURED Hannula Landscaping & Irrigation, Inc. 28131 Quails Nest Lane Bonita Springs, FL 34135 -6930 INSURER A. FCC_ I Insurance Company $1008000 INSURER B. _ INSURER C'. INSURER D'. INSURER E. $100,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR N R TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICYEXPIRATION LIMITS A GENERAL LIABILITY GL00067391 01113/69 01/13/10 EACH OCCURRENCE $1008000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES $100,000 CLAIMS MADE 51 OCCUR $5,000 NED EXP (Any one person) PERSONAL & ADV INJURY $1.000.000 X PD Ded:1,000 GENERAL AGGREGATE S2 OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2000000 POLICY PRO- JECT OC A AUTOMOBILE LIABILITY ANY AUTO CA00100451 01113/09 01113110 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Per ecptlant) $ X PROPERTY DAMAGE (Peraccidenl) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGG A EXCESSIUMBRELLA X LIABILITY OCCUR FI CLAIMS MADE UMB00062121 01/13/09 01/13/10 EACH OCCURRENCE $3000000 AGGREGATE s3,000,000 $ DEDUCTIBLE X $ RETENTION $ 10000 A WORKERS COMPENSATION AND 001WCO8A40029 01101/09 01/01/10 X TARR STATU- OTH- EMPLOYER$' LIABILITY ANY PROPRIETORIPARTNERIE %ECUTIVE E.L. EACH ACCIDENT $500 000 E . DISEASE - EA EMPLOYEE $500 000 OFFICER/MEMBER EXCLUDED? II yes, describe under SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT 1%500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: Project: # 09 -5190 Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Road. Collier County is Named as Additional Insured with Respects to General Liability per CG2033 0704. '30 days notice of cancellation, except 10 days for nonpayment. (See Attached Descriptions) Collier County Board of County Commissioners 3301 Tamiami Trail, East Naples, FL 34112 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL In DAYS WRITTEN E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AWKU ze teuUIIUS) 1 of 3 #S353485/M347612 CAH o ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. na,vn�+aau Iavvoe) 2 013 if5353465/M347612 DESCRIPTIONS (Continued from Page 1) AMS 25.312001/081 3 of 9 8S353dR5 /Mid7R19 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 A EXHIBIT A PUBLIC PERFORMANCE BOND Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads Bond No.09 -2803 Contract No. 09 -5190 KNOW ALL MEN BY THESE PRESENTS: That Hannula Landscaping and Irrigation. Inc., as Principal, and First Sealord Surety. Inc., as Surety, located at 4901 NW 17" Way, Ft. Lauderdale, FL 33309 (Business Address) are held and firmly bound to Collier County Board of County Commissioners, as Obligee in the sum of One Million Seven ($1,786,039.23) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2009, with Obligee for Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock & Vanderbilt Beach Roads in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. GC- CA -A -4 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2009, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the resence of: ) PRINCIPAL �� /'C( / <_- � ('�� Hannula Landscaping and Irrigation. ;nc. BY: _ Witnesses as to P iri ipal NAME: Tea E ITS: terra,: -- STATE OF COUNTY OF ' �P Thq foregoing instrument w ackno ledged before me this 'Q� day 'N y1nQ 2009, by �9 of o corporation, on behalf of the corpor tion. personally known to me OR has produced a�tk,�,/— as identification and did nir"610( ot) take an o"""_�— My Commission Expires: � \j C E ooro ,Notary Public State of Florida (Signat re) Gina D Carter M Commission DD775418 Name: o` Y °s Expires 04 /2 212 01 2 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: FbAJOR Commission No.: ` b-)`)SY I to GC- CA -A -5 of as a is ATTEST: Witnesses as to Surety m A/ Witnesses STATE OF Florida COUNTY OF Hillsborough SURETY: First Sealord Surety, Inc. (Printed Name) 4901 NW 17th Wav Ft. Lauderdale, FL 33309 (Business Address) (Authorized Signature) (Printed Name) As Attorney in Fact (Attach Power of Attorney) David B. Shick (Printed Name) 7217 Benjamin Road Tampa, FL 33634 (Business Address) (813) 243 -1110 (Telephone Number) The foregoing instrument was acknowledged before me this 9th day of April 2009 by David B. Shick, known to me OR has as Attorney -In -Fact of First Sealord Surety, Inc., a Surety, on behalf of Surety. He /She is personally produced N/A as identification and who did (did not) take an oath. My Commission Expires: /5 . / "�.. —�' --- -- (SiTnature) Name:David R. Turcios (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Syr yau, �O�iv�illiG d�H 7fIR172 GC- CA -A -6 First Sealord Surety, Inc. Power No: MIA - 0467 - 09-03636 Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That First Sealord Surety, Inc., a corporation of the Commonwealth of Pennsylvania, (hereinafter the "Company ") has made, constituted and appointed, and by these presents does make, constitute and appoint David B. Shick, David R. Turcios andfor Steven Schumacher all of Tampa, Florida its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: "• "' " "" Not To Exceed Five Million Dollars --------------------- — ------- (55,000,000.00) Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed, This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Corporation on April 7, 2003 with all Amendments thereto and are still in full force and effect: "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12.1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attorney- in -Fact forthe Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative. The authority of such Attorney -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, First Sealord Surety, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 20th day of January, 2004. First Sealord Surety, Inc. er ;: 997 <% (Seal) d�`hwv'F�; Attest: _ Gary L. Bragg, Secretary Joel D. Cooperman, Vice President Commonwealth of Pennsylvania County of Montgomery On this 20th day of January, 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sealord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he §12nied his name thereto as Vice President of said Corporation by like authority. COMMONWEALTH OF PENNSYLVANIA NOIW Public T. (Seal)��a -Notary Public Lawx County MY ComttYrtlan 6g9nsAUp.5, 2010 CERTIFICATE Member, Psnmyinnla Aeeodetlon of Notarke I, the underslgrietl Secretary of First Sealord Surety, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an Attorney -in -Fact as provided in Section 12 -1 of the By -Laws of First Sealord Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By -Laws of First Sealord Surety, Inc.: "Section 12 -2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12 -1 of the By -Laws appointing and authorizing an Attorney -in -Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12 -1, with like effect as if such seal and such signature had been manually affixed and made." In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this _ day of , 20 This power of attorney is void unless the Bond number is inserted in tiiis paragraph (insert Bond # here 09-2803 ), the bond number is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or by the agent. (seal) Gj0y L Bragg;'Secmtary First_Sealord_Surcry_POA. doc (Ed 0120 /2004) EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self - insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and /or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non - renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC- CA -B -1 coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self - insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self- insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ® Yes ❑ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements GC- CA -B -2 b. Employers' Liability X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. ❑ Applicable ® Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. ❑ Applicable ® Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ❑ Yes ❑ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: X General Aggregate $2,000,000 Products /Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. [eleae7-116:IIe3 ❑ Applicable ®Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. ❑ Applicable ® Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner may purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub - subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all -risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such GC- CA -B -4 rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? ® Yes ❑ No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC- CA -B -5 EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 1 2009 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR BY: ITS: DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2009, by , as of , a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: GC- CA -C -1 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: RE: Original Contract Time: Revised Contract Time: Bid No. Project No. Application Date Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ _ Percent Work completed to Date: % Percent Contract Time completed to Date Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Project Name) Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER), (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) nature) DATE: �e Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : . (DP's Name) (Signature) DATE: (Type Name & Title_ ) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC- CA -D -1 N Q U U C7 W O � < = = U O Q = N 2 c F e m �m c W O N � U @ W R, O N C N O W Z m N Z Z w c 0 J W O U N C p N_ v N Z H U d o E m w f o « a O U U y w c J = 0 a , ❑ O N r- 2N0 E ao c i p K w o � I h f/1 F Q N E U I d a O L m W z Q a LL °p 'tea O G w N J 0 O S U o0 2� I a H HLI U o C d J W O « J _ O 2 % m N N v w = L O1 N O O � _ � d � a = � `m o .__ o - d f C O L N W J Q U N U d p ~ $O L N G L C C O O N N U a c « a fll m L N Q U U C7 II U m m E O LL a O V d N R «R. R a m L 0 Q1 O c c O U_ t x w 0 U U M dy w C N R C R m a a O y N N C L �• a � N L C a - m `L > CO 'd a N N T .a N d 7 > ¢ O d N d a. d L O £ > > c Z L d .Q a U7 c O v N d d R ❑ 0 U U M TO: Project Name: Bid No. : Change Order No.: Change Order Description EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Number: ) Cost Center: Object Code: GC- CA -E -5 Project OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC- CA -F -1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional 2009 By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2009 OWNER By: Type Name and Title GC- CA -F -2 2009 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 2009 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: _ Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO GC- CA -G -1 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13, Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) GC- CA -G -1 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; GC- CA -H -1 availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC- CA -H -2 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC- CA -H -3 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. GC- CA -H -4 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 47 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. GC- CA -H -5 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone GC- CA -H -6 other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. GC- CA -H -7 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and GC- CA -H -8 dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC- CA -H -9 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). GC- CA -H -10 All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. ilr fl 1 off I:INVAT81OrA 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If GC- CA -H -11 Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party GC- CA -H -12 for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be GC- CA -H -14 entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the GC- CA -H -15 Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. GC- CA -H -16 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's GC- CA -H -17 Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. GC- CA -H -18 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work GC- CA -H -19 as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient GC- CA -H -20 moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or GC- CA -H -21 to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; GC- CA -H -22 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. GC- CA -H -23 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor With respect to all Direct Purchases by GC- CA -H -24 Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval GC- CA -H -25 from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. GC- CA -H -26 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports [eTiEOPQ.6MA 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Contractor shall be responsible for the costs of providing background checks and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project' shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. GC- CA -H -28 38. ABOVEGROUND /UNDERGROUND TANKS An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the 'County prior to installation or closure of the tank. The Pollution Control Department (239- 252 - 2502), via contract GC -690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty -eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty -eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation /closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor /project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well - groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. GC- CA -H -29 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS Collier County Board of County Commissioners Purchasing Department Contractor's Experience, References and Communication Equipment Bid Number: 09 -5190 Project Name: Landscape & Irrigation Installation Projects: Immokalee, Rattlesnake Hammock and Vanderbilt Beach Roads In order for Contractors, Subcontractors to be qualified to provide services required by Collier County under this contract, Bidders must submit the information requested below and documentation for items 2 and 3 below in the bid envelope. Information must provide convincing, clear and concise evidence acceptable to Collier County, that Bidder meets each of the following minimum requirements: 1. Bidder must have a minimum of five (5) years experience in the specific area of expertise that the Bidder is providing services for. This Experience must include projects of like size and complexity for each service listed. a. Who will be performing the landscape installation: Prime: or Subcontractor: Do they meet the 5 year South Florida experience minimum: Yes: No: Projects of like size and complexity: Yes: No: b. Who will be performing the irrigation system installation: Prime: or Subcontractor: Do they meet the 5 year South Florida experience minimum: Yes: No: Projects of like size and complexity: Yes: No: c. Who will be performing the maintenance of traffic: Prime: or Subcontractor: GC- CA -1 -1 Do they meet the 5 year experience minimum: Yes: No: Projects of like size and complexity: Yes: No: d. Who will be performing the Motorola Controller installation: Prime: or Subcontractor: Do they meet the 5 year experience minimum: Yes: No: Projects of like size and complexity: Yes: No: 2. Bidder must provide convincing, verifiable, clear and concise documentation acceptable to Collier County, that Bidder and his subcontractor's must have a minimum of five (5) years experience in the specific areas of expertise that the Bidder and subcontractor is providing services for as listed above in items a through d; this documentation must be substantiated that each firm has provided services that are comparable in size and complexity to those requested in the contract. For items A -F below, provide the name of the account, address, telephone number and name of contact person, dates of service, contract amount, approximate size of areas serviced and type of work performed for verification. A. Landscape installation, prime or sub - contractor. B. Irrigation system installation, prime or sub - contractor. C. Maintenance of Traffic, prime or sub - contractor. D. Irrigation, Motorola Controller installation, prime or sub - contractor. 3. Provide evidence of communication equipment for prime contractor such as cellular telephone, which allow the County immediate access to the contractor when services are required. The access must be provided on a twenty -four (24) hour basis seven (7) days a week both on and off -site. 4. The contractor is to provide a list of all leased and owned equipment. 5. List of landscape installation and irrigation employees performing the work on each project. The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and /or services purchased as a part of this contract. GC- CA -1 -2 EXHIBIT J TECHNICAL SPECIFICATIONS Vanderbilt Beach & Immokalee Road Projects SECTION I - TRAFFIC CONTROL PLAN / F.D.O.T. INDEXES PART1 GENERAL Contractor shall maintain within the work areas maintenance of traffic (MOT) measures as per the Collier County requirements as listed in Exhibit H -2, General Terms and Conditions, and per F.D.O.T. Index 600 series and associated Indexes of the F.D.O.T. "Roadway and Traffic Design Standards ", current edition. 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, Index 600 Series, latest edition. U.S.D.T. Manual on Uniform Traffic Control Device, latest edition. C. Project Reference: D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. E. Collier County MOT policy and /or requirements current edition. 1.02 WORK INCLUDED A. The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the (MOT) maintenance of traffic during construction and while performing extended maintenance services.. B. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. C. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. D. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval GC- CA -J -1 prior to beginning work using the latest Collier County MOT Policy, M.U.T.C.D. "Manual on Uniform Traffic Control Devices ", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 GENERAL NOTES A. Lane closure will not be permitted on holidays defined in the F.D.O.T. "Standard Specifications for Road and Bridge Construction ", current edition. B. The contractor shall maintain two lane operation after working hours. All hazards will be removed as per Index No. 600 series before daily operations are complete. C. On -site work hours will be restricted to daylight hours. D. This plan is a guide for the contractor coordination with the Naples F.D.O. T. District. Maintenance Engineer is required. E. Emergency and unforeseen conditions may require the District Engineer to restrict or remove lane closures. The contractor shall make the requested adjustments, as directed by the District Engineer without delay. F. The Landscape Architect/Design Professional is not responsible for observation, means or methods of MOT setup or enforcement during project construction. End of Section I SECTION II - DIRECTIONAL BORING (FDOT REV. 5- 24- 02)(FA 7- 24 -02) (1- 03) 1 DESCRIPTION 1.1 SCOPE OF WORK: The work specified in this Section documents the approved construction methods, procedures and material for Directional Boring, also commonly called Horizontal Directional Drilling (HDD). 1.2 GENERAL: HDD is a trenchless method for installing a product that serves as a conduit for liquids, gasses, or as a duct for pipe, cable, or wire line products. It is a multi -stage process consisting of site preparation and restoration, equipment setup, and drilling a pilot bore along a predetermined path and then pulling the product back through the drilled space. When necessary, enlargement of the pilot bore hole may be necessary to accommodate a product larger than the pilot bore hole size. This process is referred to as back reaming and is done at the same time the product is being pulled back through the pilot borehole. 1.3 Accomplish alignment of the bore by proper orientation of the drill bit head as it is being pushed into the ground by a hydraulic jack. Determine orientation and tracking of the drill bit by an above ground GC- CA -J -2 radio detection device which picks up a radio signal generated from a transmitter located within the drill bit head. Then electronically translate the radio signal into depth and alignment. In order to minimize friction and prevent collapse of the borehole, introduce a soil - stabilizing agent (drilling fluid) into the annular bore space from the trailing end of the drill bit. The rotation of the bit in the soil wetted by the drilling fluid creates a slurry. The slurry acts to stabilize the surrounding soil and prevent collapse of the borehole as well as provides lubrication. 1.4 Select or design drilling fluids for the site - specific soil and ground water conditions. Confine free flowing (escaping) slurry or drilling fluids at the ground surface during pull back or drilling. Accomplish this by creating sump areas or vacuum operations to prevent damage or hazardous conditions in surrounding areas. Remove all residual slurry from the surface and restore the site to preconstruction conditions. 2 MATERIALS 2.1 GENERAL: Materials are defined as pipe or conduit that becomes the installed product. Incidental materials that may or may not be used to install the product depending on field requirements are not paid for separately and will be included in the cost of the installed product. 2.2 MATERIAL TYPE: The following material standards are to be interpreted as the minimum in place standards. Use materials that are appropriate for the stresses generated by the selected equipment and field conditions. It is not intended to portray that the use of materials with these minimum material standards will retain their required properties if the stress limits are exceeded for which they were designed during installation. Ensure that the appropriate material is used to retain compliance. Material Standards for HDD Installation Material Type Non - Pressure Pressure Polyethylene (PE) ASTM D 2447 ASTM 2513 ASTM D 2447 High Density ASTM D 2447 ASTM D 2447 Polyethylene (HDPE) ASTM D 3350 ASTM D 3350 ASTM F714 ASTM F714 ASTM 2513 Polyvinyl - Chloride ASTM F 789 N/A (PVC) Steel ASTM A139 Grade B�� AWWA C200 API 2B(2) GC- CA -J -3 (') No hydrostatic test required c2> Dimensional tolerances only 3 CONSTRUCTION SITE REQUIREMENTS 3.1 LEGAL PROVISIONS: Comply with the following site condition provisions: a. Chapter 556, FS for Sunshine State One Call. Use methods for marking utilities that minimize the impact on other construction or maintenance activities, including mowing operations, which may be conducted throughout the project on a cyclic basis. Limit marking to painting unless approved by the Engineer. When and where flagging of existing utilities is required, limit flagging to an area for which construction can be accomplished in no more than 14 consecutive days, unless approved by the Engineer. b. The Americans with Disabilities Act. When and where product lines are temporarily allowed to be exposed through the sidewalk areas for periods exceeding two consecutive work days, ensure that an alternate route is provided that meets ADA requirements. 3.2 SITE CONDITIONS: a. Carry out excavation for entry, exit, recovery pits, slurry sump pits, or any other excavation as specified in Section 120. Sump pits are required to contain drilling fluids if vacuum devices are not operated throughout the drilling operation, unless approved by the Engineer. b. Within 48 hours of completing installation of the boring product, clean the work site of all excess slurry or spoils. Take responsibility for the removal and final disposition of excess slurry or spoils. Ensure that the work site is restored to pre - construction conditions or as identified on the plans. c. Provide MOT in accordance with the Florida Department of Transportation Design Standards and the MUTCD when and where the former is silent. d. Exposure of product shall be limited to 3 feet (1m) and 14 consecutive days unless approved by the Engineer. 3.3 DAMAGE RESTORATION: Take responsibility for restoration for any damage caused by heaving, settlement, separation of pavement, escaping drilling fluid (frac -out), or the directional drilling operations, at no cost to the Department. 3.3.1 REMEDIATION PLANS: When required by the Engineer, provide detailed plans which show how damage to any roadway facility will be remedied. These details will become part of the As -Built Plans package. Remediation Plans must follow the same guidelines for development and presentation of the As -Built Plans. When GC- CA -J -4 remediation plans are required, they must be approved by the Engineer before any work proceeds. 4 QUALITY CONTROL 4.1 GENERAL: Take control of the operation at all times. Have a representative who is thoroughly knowledgeable of the equipment, boring and Departmental procedures, present at the job site during the entire installation and available to address immediate concerns and emergency operations. Notify the Engineer 48 hours in advance of starting work. Do not begin installation until the Engineer is present at the jobsite and agrees that proper preparations have been made. 4.1.1 PRODUCT TESTING: Where there is any indication that the installed product has sustained damage and may leak, stop all work, notify the Engineer and investigate damage. The Engineer may require a pressure test and reserves the right to be present during the test. Perform pressure test within 24 hours unless otherwise approved by the Engineer. Furnish a copy of the test results to the Engineer for review and approval. The Engineer is allowed up to 72 hours to approve or determine if the product installation is not in compliance with the specifications. The Engineer may require non- compliant installations to be filled with excavatable flowable fill. 4.1.2 TESTING METHODS: Testing may consist of one of the following methods and must always meet or exceed the Department's testing requirements: a. Follow the product manufacturer's pressure testing recommendations. b. Ensure that product carrier pipes installed without a casing meet the pressure requirements set by the owner. If the owner does not require pressure testing, the Engineer may require at least one test. c. A water tight pipe and joint configuration where the product is installed beneath any pavement (including sidewalk) and front shoulders is required. The Engineer will determine when and where water tight joint requirements will be applied to the ultimate roadway section for future widening. When a product is located elsewhere, the pipe and joint configuration must meet or exceed soil tight joint requirements. Conduct tests for joint integrity for one hour. The test for soil tight joint allows up to 0.1 gallon (0.4 liter) of water leakage at a sustained pressure of 2 PSI (13.79kPa). The watertight joint criteria allow no leakage at all for a sustained pressure of 5 PSI (34.47kPa). GC- CA -J -5 4.1.3 FAILED BORE PATH: If conditions warrant removal of any materials installed in a failed bore path, as determined by the Engineer, it will be at no cost to the Department. Promptly fill all voids by injecting all taken out of service products that have any annular space with excavatable flowable fill. 4.2 PRODUCT LOCATING AND TRACKING: The method of locating and tracking the drill head during the pilot bore will be shown in the plans. The Department recognizes walkover, wire line, and wire line with surface grid verification, or any other system as approved by the Engineer, as the accepted methods of tracking directional bores. Use a locating and tracking system capable of ensuring that the proposed installation is installed as intended. IF an area of radio signal interference is expected to exceed 5 feet (1.5 m), the Engineer may specify the use of a suitable tracking system. The locating and tracking system must provide information on: a. Clock and pitch information b. Depth c. Transmitter temperature d. Battery status e. Position (x, y) f. Azimuth, where direct overhead readings (walkover) are not possible (i.e. subaqueous or limited access transportation facility) g. Ensure proper calibration of all equipment before commencing directional drilling operation. h. Take and record alignment readings or plot points such that elevations on top of and offset dimensions from the center of the product to a permanent fixed feature are provided. Such permanent fixed features must have prior approval of the Engineer. Provide elevations and dimensions at al bore alignment corrections (vertical and horizontal) with a minimum distance between points of 100 feet (30m). Provide a sufficient number of elevations and offset distances to accurately plot the vertical and horizontal alignment of the installed product. A minimum of three elevation and plot points are required. Install all facilities such that their locations can be readily determined by electronic designation after installation. For non- conductive installations, attach a minimum of two separate and continuous conductive tracking (tone wire) materials, either externally, internally or integral with the product. Use either a continuous green- sheathed solid conductor copper wire line (minimum #12 AWG for external placement or minimum #14 AWG for internal placement in conduit /casing) or a coated conductive tape. Conductors must be located on opposite sides when installed GC- CA -J -6 externally. Connect any break in the conductor line before construction with an electrical clamp, or solder, and coat the connection with a rubber or plastic insulator to maintain the integrity of the connection from corrosion. Clamp connections must be made of brass or copper and of the butt end type with wires secured by compression. Soldered connections must be made by tight spiral winding of each wire around the other with a finished length minimum of 3 inches (76 mm) overlap. Tracking conductors must extend 2 feet (610 mm) beyond the bore termini. Test conductors for continuity. Each conductor that passes must be identified as such by removing the last 6 inches (152 mm) of the sheath. No deductions are allowed for failed tracking conductors. Failed conductor ends must be wound into a small coil and left attached for future use. 4.3 PRODUCT BORE HOLE DIAMETER: Minimize potential damage from soil displacement /settlement by limiting the ratio of the bore hole to the product size. The size of the back reamer bit or pilot bit, if no back reaming is required, will be limited relative to the product diameter to be installed as follows: Maximum Pilot or Back - Reamer Bit Diameter When Rotated 360 degrees Nominal Inside Pipe Diameter Inches [mm] Bit Diameter Inches [mm] 2 50] 4 [100] 3 [75] 6 [150] 4 [100] 8 [200] 6 [150] 10 [250] 8 [200 ] 12 [300] 10 250 14 [350] 12 [3001 and greater Maximum Product OD plus 6 [150] 4.4 DRILLING FLUIDS: Use a mixture of bentonite clay or the other approved stabilizing agent mixed with potable water with a minimum ph of 6.0 to create the drilling fluid for lubrication and soil stabilization. Vary the fluid viscosity to best fit the soil conditions encountered. Do not use any other chemicals or polymer surfactants in the drilling fluid without written consent from the Engineer. Certify to the Engineer in writing that any chemicals to be added are environmentally safe and not harmful or corrosive to the facility. Identify the source of water for mixing the drilling fluid. Approvals and permits are required for obtaining water from such sources as streams, rivers, ponds or fire hydrants. Any water source used other than a potable water may require a pH test. eIGIIO7l151 4.5 EQUIPMENT REQUIREMENTS: Ensure that appropriate equipment is provided to facilitate the installation as follows: HDD E ui ment System Pipe Bore Length Torque Ft -Lbs Trust /Pullback Description Diameter Feet [m] [nm] Lbs [kN] 16,000 Inches mm] 40,000 kN Maxi -HDD 18 [450] and >1,000 [305] >10,000 >70,000 >177.929 greater 31.138 13,558 311.375] Midi -HDD Up to 16 [400] Up to 1,000 1,900 to 9,999 20,001 to [305] [2,576 to 69,999 [88.969 Product Size (1) 13,557] to 311.3741 Mini -HDD Up to 6 [150] Up to 600 Up to 1,899 Up to 20,000 180] 1 Up to 2,575 1 Up to 88.964] For the above, multiple pipe or conduit installation must not exceed the total outside pipe diameters stated above. Match equipment to the size of pipe being installed. Obtain the Engineer's approval for installations differing from the above chart. Ensure that the drill road can meet the bend radius required for the proposed installation. 4.6 THRUST /PULLBACK REQUIREMENTS: Unless approved by the Engineer, limit use of HDD equipment to installing the following product sizes and lengths based on the following product size, force and length relationships. HDD Bore Equipment Thrust /Pullback Ca acit Lbs 5,000 to 7,001 to 12,001 to 16,001 to 25,001 to >40,000 7,000 12,000 16,000 25,000 40,000 kN 22.241 to 31.139 to 53.380 to 71.173 to 111.207 >177.929 31.138 53.379 71.172 111.206 to 177.929 Product Size (1) Maximum Pullback Distance In Feet [m] Inches [mmI 4 [100] 400 [122] or < or < 6 [150] 600 [183] or< or< 8 [200] 800 [244] or< or< 10 [250] 1,000 or < [305] or < GC- CA -J -8 12 [300] 2,000 or < [610] or < > 12 Engineer's [300] Discretion for the above, where a single pull of multiple conduits is to be attempted, the applicable product size must be determined by the diameter of a circle that will circumscribe the individual conduits as a group. 5 DRILLING OPERATIONS: 5.1 INSTALLATION PROCESS: Ensure adequate removal of soil cuttings and stability of the bore hole by monitoring the drilling fluids such as the pumping rate, pressures, viscosity and density during the pilot bore, back reaming and pipe installation. Relief holes can be used as necessary to relieve excess pressure down hole. Obtain the Engineer's approval of the location and all conditions necessary to construct relief holes to ensure the proper disposition of drilling fluids is maintained and unnecessary inconvenience is minimized to other facility users. To minimize heaving during pull back, the pull back rate is determined in order to maximize the removal of soil cuttings without building excess down hole pressure. Contain excess drilling fluids at entry and exit points until they are recycled or removed form the site of vacuumed during drilling operations. Ensure that entry and exit pits are of sufficient size to contain the expected return of drilling fluids and soil cuttings. Ensure that all drilling fluids are disposed of or recycled in a manner acceptable to the appropriate local, state, or federal regulatory agencies. When drilling in suspected contaminated ground, test the drilling fluid for contamination and appropriately dispose of it. Remove any excess material upon completion of the bore. IF in the drilling process it becomes evident that the soil is contaminated, contact the Engineer immediately. Do not continue drilling without the Engineer's approval. The timing of all boring processes is critical. Install a product into a bore hole within the same day that the pre -bore is completed to ensure necessary support exists. 5.2 BORING FAILURE: If an obstruction is encountered during boring which prevents completion of the installation in accordance with the design location and specifications, the pipe may be taken out of GC- CA -J -9 service and left in place at the discretion of the Engineer. Immediately fill the product left in place with excavatable flowable fill. Submit a new installation procedure and revised plans to the Engineer for approval before resuming work at another location. If, during construction, damage is observed to the FDOT /County facility, cease of all work until resolution to minimize further damage and a plan of action for restoration is obtained and approved by the Engineer. 6 DOCUMENTATION REQUIREMENTS: 6.1 BORING PATH REPORT: Furnish a bore Path Report to the Engineer within seven days of the completion of each bore path. Include the following in the report: a. Location of project and financial project number including the Permit Number when assigned. b. Name of person collecting data, including title, position and company name. c. Investigation site location (Contact plans station number or references to a permanent structure within the project right -of- way) d. Identification of the detection method used. e. Elevations and offset dimensions as required in Section 4.3. 6.2 AS -BUILT PLANS: Provide the Engineer a complete set of As -Built Plans showing all bores (successful and failed) within 30 calendar days of completing the work. Ensure that the plans are dimensionally correct copies of the Contract plans and include roadway plans and profile, cross - section, boring location and subsurface conditions as directed by the Engineer. The plans must show appropriate elevations and be referenced to a Department Bench Mark when associated with a Department project, otherwise use USGS grid system and datum, or a specific location on top of an existing Department headwall. Plans must be in the same scale in black ink on white paper, of the same size and weight as the contract plans. Submittal of electronic plans date in lieu of hard copy plans is preferred any may be approved by the Engineer if compatible with the Department software. Specific plans content requirements include but may not be limited to the following: a. The Contract plan view shows the centerline location of each facility installed, or installed and placed out of service, to and accuracy of 1 inch (25 mm) at the ends and other points physically observed in accordance with the bore path report. b. As directed by the Engineer, provide either a profile plan for each bore path, or a cross - section of the roadway at a station specified by the Engineer, or a roadway centerline profile. Show the 101exePd E111, ground or pavement surface and crown elevation of each facility installed, or installed and placed out of service, to an accuracy within 1 inch 925 mm) at the ends and other exposed locations. On profile plans for bore paths crossing the roadway show stationing of the crossing on the Contract plans. On the profile plans for the bore paths paralleling the roadway, show the Contract plans stationing. If the profile plan for the bore path is not made on a copy of one of the Contract profile or cross - section sheets, use a 10 to 1 vertical exaggeration. c. If, during boring, an obstruction is encountered which prevents completion of the installation in accordance with the design location and specification, and the product is left in place and taken out of service, show the failed bore path along with the final bore path on the plans. Note the failed bore path as "Failed Bore Path — Taken Out of Service ". Also show the name of the Utility owner, location and length of the drill head and any drill stems not removed from the bore path. d. Show the top elevation, diameter and material type of all utilities encountered and physically observed during the subsoil investigation. For all other obstructions encountered during a subsoil investigation or the installation, show the type of material, horizontal and vertical location, top and lowest elevation observed, and note if the obstruction continues below the lowest point observed. e. Include bore notes on each plan stating the final bore path diameter, product diameter, drilling fluid composition, composition of any other materials used to fill the annular void between the bore path and the product, or facility placed out of service. Note if the product is a casing as well as the size and type of carrier pipe placed within the casing as part of the Contract work. 7 METHOD OF MEASUREMENT: The method of measurement will be based on the length of product measured in place along the surface of the ground, complete and accepted. No additions or deductions will be made for sweeps in either the vertical or horizontal direction to complete the installation. 8 BASIS OF PAYMENT: Payment will be full compensation for all work specified in this Section, including all installations, from plan point of beginning to plan point of ending (i.e. pull box) at plan depth, product, tracking conductor, removal of excavated materials and spoils, removal and disposal of drilling fluids, backfilling, and complete restoration of the site. Bundled product in a single bore will be paid for as a single bore based on the required drill bit head GC- CA -J -11 or reamer head size. Separate payment shall not be made for individual products in a bundle. The installation and attachment of tracking conductors (wire or tape) will be included in the cost of the bore and will not be paid for separately. No payment will be made for failed bore paths, injection of flowable fill, products taken out of service or incomplete installations. No payment will be made for directional boring until a Bore Path Report has been delivered to the Engineer. After the Engineer's acceptance of the Bore Path Report, payment will be made in the amount of 70% of the unit price bid, for Directional Boring. The remaining 30% of the unit price bid will be made after submittal of As -Built Plans, in accordance with Section 6.2. Payment will be made under: Item No. 1 Directional Bore — per foot of bore diameter Item No. Directional Bore — per meter of bore diameter OVERSIZE DIRECTIONAL BORING REVIEW PROCEDURE The following rule applies in accordance with provisions contained in the Utility Accommodation Manual. All bores larger than 6 inches total (for example 2 -4 inch, 7 inch, 3 -3 inch) must be approved by the STATE UTILITY ENGINEER, unless the District Maintenance or Construction Office can establish compliance based on the following conditions: 1. The Utility bore depth will equal or exceed 10 times the bore size when the utility will be installed under FDOT pavement, OR 2. When installations are outside of the pavement area, the offset parallel to the pavement must be at least 3.5 times the bore size, OR 3. The soils blow count is at least 30 blows per foot based on standard penetration tests in the area of installation. 4. New bore installations must maintain at least 3.5 times the bore size clearance from vitrified clay pipe sanitary and any gas lines. 5. Permit must demonstrate the location (vertically and horizontally) and type of all utilities within at least 3.5 times the bore size in the immediate vicinity of the proposed work by the Permittee. GC- CA -J -12 If the Permittee can comply with the above, there is no need for the State Utility Engineer to review the Permit. If compliance cannot be achieved, before a review can be conducted, information regarding the soils in the area of the installation must be acquired. This must include blow counts at least through a depth of 10 times the bore or 2 feet into a strata providing a blow count of 30 or more. If a blow count of 30 is reached at a depth of 4 feet then the soils data need only proceed to a depth of 6 feet. As an option to acquiring Geotech Services, the Permittee may use FDOT soils data from old FDOT plans when available. It is the Permittee's responsibility to acquire this information, and not the FDOT to do the research. When the permits engineer gets the required data, he or she should call to explain the situation. Do not send any permits to the State Utility Engineer to sign off on. SECTION III - UNDERGROUND ELECTRIC SERVICE FEED PART1 GENERAL Contractor shall install electric underground service feed assembly to meet the requirements of all local and national electric codes, as well as to the requirements of Florida Power & Light Co. installation requirements. Installation shall meet the above mentioned requirements and at a minimum be in accordance to the F.D.O.T. standard Detail B, Underground Feed, service Point Details. Index 17504 as shown below. 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, January 2000, Index 17505 C. Project Reference. D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. 1.02 WORK INCLUDED A. The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the installation of an underground electric feed assembly. GC- CA -J -13 B. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. Collier County right -of -way Permit shall be provided by the Owner. C. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. D. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices ", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 QUALITY ASSURANCE A. Installer Qualifications: A firm specializing in electrical work, with not less than five (5) years of experience in installing systems similar to those required for this project. B. Coordination: Coordinate and cooperate with other contractors to enable the work to proceed as rapidly and efficiently as possible. C. Codes and Inspections: The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor shall take out all required permits, arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work under this contract. Upon completion of the work, he shall furnish to the "Owner" all inspection certificates customarily issued in connection with the class of work involved. 1.04 GENERAL SERVICE SPECIFICATIONS A. The enclosure shall be NEMA 3R, pole mounted, rain - tight. B. The enclosure door shall be lockable by padlock and four keys provided at the maintaining agency. The door shall have a minimum of three hinges and be latchable. No screws to be used to attach door. C. 480 V minimum rating bolt -in type breakers shall be used. D. Busbar to be copper coated and have a minimum rating of 100 amps. When main breaker exceeds 100 amps busbar to match breaker amperage. GC- CA -J -14 E. Locate contactor, transformer, and H.O.A. switch inside of enclosure, The enclosure to be sized to accommodate as many breakers as called for and all other service equipment. F. The enclosure to be rigidly attached to prefabricated concrete pole face. G. A 600 V lighting protector shall be wired inside the enclosure. H. A main breaker is required in all service panels with 2 or more feeder breakers. I. All service equipment shall be U.L. approved. SECTION IV - GRADING PART 1- GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Landscape Beautification Master Plan, R.O.W. Ordinance C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards, G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated on the drawings, as specified herein or both, except as for items specifically indicated as "N.I.C." not in contract items ". B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices ", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. GC- CA -J -15 1.03 RELATED WORK A. Section I Traffic Control Plan / F.D.O.T. Indexes B. Section V Planting Soil Preparation C. Section V Irrigation D. Section VII Plant Material and Installation E. Section VIII Sodding 1.04 SITE INSPECTION A. The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his own subsurface investigations, as necessary, to satisfy requirements of this Section. All subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Owner or Owner's Representative. 1.05 EXISTING GRADES A. The existing grades if shown on the drawings are approximate only, and the contractor is responsible for grading to meet proposed and /or existing grades as required. B. The existing grade for all median work shall be based upon the top of existing curbing. C. Grading and drainage modifications shall be accomplished as per the plans and notes. The contours and /or grades established under contract will be the finished grades shown. The contractor under this contract shall perform the Work for construction using the existing finished grades previously established and modified in designated areas making whatever corrections and /or repairs to grades to make them consistent with the requirements of the drawings and specifications. D. Established finished grades shall be approved by the Owner's Representative /Landscape Architect for all project landscape areas prior to initiating landscape planting. 1.06 UTILITIES A. In accordance to State of Florida law before starting site operations, call for utility locations from the appropriate agency and verify that the earlier Contractors have disconnected all temporary utilities which might interfere with the grading work. B. Locate all existing active utility lines traversing the site, and determine the requirements for their protection. Preserve in operating condition all active GC- CA -J -16 utilities adjacent to, or transversing the site that are designated to remain, or are installed by this project. C. Observe rules and regulations governing respective utilities in working under requirements of this section. Adequately protect utilities from damage, remove or relocate as indicated, specified or required. Remove, plug or cap inactive or abandoned utilities encountered in excavation. Record location of active utilities. D. Utilities shall include those areas of jurisdiction of the South Florida Water Management and South West Florida Water Management Districts. Location of these areas within the Projects Limits, and the coordination of work within these areas, is the responsibility of the contractor under this contract. 1.07 QUALITY ASSURANCE A. Requirements of all applicable building codes and other public agencies having jurisdiction upon the work. B. Primary emphasis should be given to the aesthetic appearance and functioning of the road right of way and median landscape grading, as directed by the Landscape Architect, or Owner's Representative. The Contractor shall employ skilled personnel and any necessary equipment to insure that finish grading is smooth, aesthetically pleasing, drains well with positive overland drainage, and is ideal for receiving sod and plant materials. The contractor will coordinate the aesthetic fine grading of the landscape areas with the roadway projects grades and profiles. PART 2 MATERIALS 2.01 EXISTING SOIL A. The Contractor shall, after rotor tilling and grading generally the top four to 6 inches (4 -6 ") of existing soil per the plans and details, insure that all remaining existing soil has sufficient percolation and drainage to support plant material, and that extreme compaction does not exist. Remove all existing road rock from these areas B. In all areas to receive paving the existing soils shall be removed to a sufficient depth to allow for installation of pavers and base materials. C. In all areas or locations to receive shrubs, groundcovers, trees or palms, after existing soil have been removed and the proposed topsoil installed planting soil mixes as outlined in Section V "Planting Soil Preparation ", and per the drawings and details shall be installed. GC- CA -J -17 PART EXECUTON 3.01 JOB CONDITIONS A. Dust Control Use all means necessary to prevent dust from construction operations from being a nuisance to adjacent property owners, and from damaging finish surfaces on adjacent buildings, paving, etc. Methods used for dust control are subject to approval by the Landscape Architect or Owner's Representative. B. Stockpiling Soil Materials Within median limit of sight areas stockpiled soil materials shall not be permitted and in no place shall the stockpiled materials be higher than three feet. C. Protection Use all means necessary to protect curbs, gutters, retaining walls, sprinklers, utilities and vegetation designated to remain, and , in the event of damage; immediately make all repairs, replacements and dressings to damaged plants necessary to the approval of the Landscape Architect. Contractor shall incur all costs for the replacement of damaged objects and vegetation. Damage of existing Trees and Palms by the contractor will require replacement in kind within seven (7) days of the damage. 3.02 SCHEDULING A. Schedule all work in a careful manner with all necessary consideration for heavy traffic periods, adjoining property owners, land parcels, and the public in general. B. Coordinate schedule with the Program Manager and other Contractors to avoid conflicts with their work. 3.03 EXCAVATION A. Rotor till and excavate existing median soil and turf grass vegetation to obtain desired grade profiles per the attached details and notes. . 1. Spray existing vegetation with contact herbicide for 100% kill. Two or more applications may be required for kill. 2. Install irrigation mainline and stub -up 12" below grade to allow for unobstructed rotor tilling (Mark locations at curb with paint) 3. Cut, rough grade median soil 24" from back of curb to 4" below top of curb adjacent to bed areas and to 3" below top of curb adjacent GC- CA -J -18 to turf areas. Cut soil shall be rolled inward toward the center of the median to create a mounded cross profile. 4. Rotor till soil within medians to a 6" depth to within 18" off the back of curbing (Include 6 passes). 5. Once the rotor tilling is complete the medians shall be fine graded to create a uniform center mounded cross profile of the soil within the median. Fine grading shall include removal of rocks, stones, and roots greater than 1" in diameter for the top 4" of soil. 6. Project to be weed free during construction and at final completion. (Include 2 or more contact herbicide applications to be applied as needed) 7. Excavate all median areas to receive paving to a sufficient depth to allow for the paving installation materials. B. Materials to be excavated are unclassified. C. Remove entirely any existing obstructions after approval by the Landscape Architect, and Owner. D. Remove from site and dispose of debris and excavated material not required by the job the same day it is excavated. E. Remove all rocks or stones greater than one inch in diameter within the top four inches of soil in turf areas and to an 8 inch depth in planting beds. 3.04 FINISHED GRADING A. The Contractor shall establish finished grades as shown on the grading plans, and as directed by the Landscape Architect and /or Owner; including areas where the existing grade has been disturbed by other work. B. Finished grading shall be smooth, aesthetically pleasing, well drained, and ready to receive sod and other plant material to the full satisfaction of Landscape Architect and Owner. C. The Contractor shall use and employ the services of a registered land surveyor in the State of Florida, to both establish project grades for fine grading operations, and also to provide certified as -built grading plans if required. D. Finished grade tolerances for the aesthetic grading of the landscape areas of the project shall be '/G inch vertically and 12 inches horizontally from the grades shown on the plans, unless otherwise required by the related documents or roadway grading and profiles. 3.05 COMPACTION GC- CA -J -19 A. Compact each layer of fill in designated areas with approved equipment to achieve a maximum density at optimum moisture, AASHTO T 180 — latest edition. 1. Under buildings, roadways, curbs, walks and other paved areas: Compaction shall be to a minimum of 95% of maximum density. 2. Under landscaped area: Compaction shall not exceed 90% of maximum density, and not to be less than 85% of maximum density. B. No backfill shall be placed against any masonry or other exposed building surface until permission has been given by the Owner, and in no case until the masonry has been in place seven days. C. Compaction in limited areas shall be obtained by the use of mechanical tampers or approved hand tampers. When hand tampers are used, the materials shall be deposited in layers not more than four (4 ") inches thick. The hand tampers used shall be suitable for this purpose and shall have a face area of not more than 100 square inches. Special precautions shall be taken to prevent any wedging action against masonry, or other exposed building surfaces. Density testing to be per County and F.D.O.T. standards. 3.06 CORRECTION OF GRADE A. Bring to required grade level areas where settlement, erosion or other grade changes outside those shown in the drawings occur. Adjust grades as required to carry drainage away from buildings, and to prevent ponding around the buildings pavements, and planting areas. B. Remove all rocks, 1" in diameter or greater, or objectionable material to depth as specified prior to commencing landscaping. C. Contractor shall be responsible for stabilizing grades by approved methods prior to landscaping, and shall be responsible for correction of grades as mentioned above, and cleanup of any wash outs or erosion. END OF SECTION IV SECTION V — PLANTING SOIL PREPARATION PART 1 —GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. GC- CA -J -20 B. Collier County Landscape Beautification Master Plan, R.O.W. Ordinance. C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated in the drawings, as specified herein or both, except as for items specifically indicated as "N.I.C." not in contract items ". B. Including, but not limited to: 1. Topsoil placement 2. Soil Conditioners 3. Prepared Planting Soil Mixes 4. Prepared top dressing soil mixes. C. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices ", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 RELATED WORK A. Section I Traffic Control Plan / F.D.O.T. Indexes B. Section IV Grading C. Section VI Irrigation D. Section VII Plant Material and Installation E. Section VIII Sodding 1.04 SITE INSPECTION A. The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his own subsurface investigations, as necessary, to satisfy requirements of this Section. All subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Owner or Owner's Representative. GC- CA -J -21 A. Testing Agency: Independent testing laboratory as approved by F.D.O.T. and Collier County. B. Requirements, Reference Standards and Regulatory Agencies: Conform to requirements of all City, County and State agencies having jurisdiction. 1.06 SUBMITTALS A. Test Reports Test reports shall consist of pH range, major and minor element analysis, soluble salt concentrations, sand fraction analysis and testing laboratory recommendations as to suitability of soil for planting and drainage. Reports shall be identified by project name, date, and soil mix type. The following reports are required: 1. Results of topsoil analysis. 2. Results of planting soil mix analysis: One test required per each type of soil mix with and without specified fertilizer (note: pH ranges for plant type) 3. Results of Sand Analysis: One sand fraction analysis required. 4. Results of imported topsoil analysis. 5. Percolation test for medians. 6. Subsoil evaluation or core analysis. The Owner's representative or Landscape Architect may require additional test reporting based on field and project conditions at their discretion. B. Certificates 1. Manufacturer's certification and /or testing laboratory certification that content of soil conditioners meet specification requirements. 2. Manufacturer's certificate of fertilizer's chemical composition including, but not limited to, percentage and derivation of nitrogen, phosphorus, potassium, and micro - nutrients. 3. Submit all certification to the Landscape Architect a minimum of one week prior to installation of any materials. C. Soil Samples 1. Submit a one -pound sample of each soil mix specified. Soil samples with required test reports must be submitted by the Contractor to the Landscape Architect a minimum of one week prior to installation beginning. Each sample must be clearly labeled as to contents. 2. Submit one -pound sample of each soil conditioner required to mix each prepared planting soil mix. GC- CA -J -22 3. Schedule soil sample with Landscape Architect to verify location, time, conditions, etc. of samples. 1.07 JOB CONDITIONS A. Contractor shall become familiar with the site and the required work to complete this section in accordance with the drawings and what is specified herein. B. Contractor shall be responsible for bringing all areas to finished grade as shown on drawings. Any changes, modifications, or disturbances to the fine grading shall be corrected by the responsible contractor. C. Protection: Protect and avoid any damage whatsoever to existing walks, pavement, curbs, utilities, plant material, and any other work. D. Contractor shall be responsible for stabilizing all slopes and planting soil by approved methods. PART 2 — PRODUCTS 2.01 TOPSOIL A. Topsoil source for planting shall be provided by the Contractor from off site sources. B. Topsoil shall be suitable for ornamental plant growth and free from hard clods, stiff clay, hardpan, gravel, Subsoil, brush, large roots, refuse, or other deleterious material, and of reasonable uniform quality. Existing topsoil prior grading shall be treated with post- emergent herbicide and after placement treated with post and pre- emergent herbicides to remove weeds. C. Mechanical Analysis: Topsoil and soil mixture(s) shall meet these specifications and the following mechanical analysis: Percentage Passing By Sieve Size Dry Weight Sieve Size Percentage 1 inch 99 -100 '/4 inch 97- 99 No. 200 less than 7% Materials larger than one inch shall be disposed of off the site. Existing leaf litter and plant material shall be removed from topsoil and soil mix. D. Maximum Soluble Salts: 300 ppm. E. Contractor shall assure existing soils are free of any visible weeds. GC- CA -J -23 F. In the event topsoil on site does not meet the above requirements, topsoil meeting the requirements may be imported from off -site sources after approval by Landscape Architect and Owner's Representative. Minimum Off -Site Topsoil Requirements: Topsoil shall be friable, fertile soil with representative characteristics of local soils. It shall be free of heavy clay, marl, stone, extraneous lime, plant roots, refuse, sticks, brush, litter, and any harmful materials. There shall be no exotic or noxious weeds or weed seeds (i.e. nut grass, Bermuda grass, sedges and the like). In no case shall there be more than five percent (5 %) by volume of stones, coarse sand, gravel or clay lumps larger than one inch (1 ") in diameter. The soil shall test in the pH range of 5.5 to 7.5 and shall contain no substance, which will impede plant growth. Adjustment of the pH shall only be allowed for increasing the pH level by adding dolomitic limestone. The topsoil shall be sampled and laboratory tested for certification and approval prior to installation. Topsoil shall conform to the following composition ranges Components Volume Measure Particle Size Organic matter .5 % to 4% Silt 3% to 40% .05 - .002mm Sand 60 % to 85% .20 - .050mm Clay 3 % to 10% .002 mm &below 2.02 SOIL CONDITIONERS A. Dolomitic Limestone: Approved product, designated for agriculture use. B. Ammonium Sulfate: Manufacturer's standard commercial grade. C. Florida Peat: Suitable for plant growth, capable of sustaining vigorous plant growth, and specifically pulverized for agricultural use. Florida peat shall be free of deleterious materials that would be harmful to plant growth, shall be free of nematodes, shall be of uniform quality, and shall have a pH value between 5.5 and 6.5 (as determined in accordance with ASTM E70). Florida peat shall be sterilized to make free of all viable nut grass and other undesirable weeds prior to delivery to the project site, and shall be delivered with certification of sterilization. D. Pesticides: As recommended by applicable Agricultural Public Agencies. E. Herbicides: As recommended by applicable Agricultural Public Agencies. F. Soil Fumigants: As recommended by applicable Agricultural Public Agencies. G. Fertilizer: GC- CA -J -24 1. Commercial grade fertilizer to comply with State of Florida Fertilizer laws. Chemical designation shall be as specified with at least 50% of the nitrogen derived from a non -water soluble organic source, and all potash to be derived from triple super sulfate forms for all plantings (i.e. submit suppliers analysis affirming the above). The following minor elements shall be included: Zn, Cu, Mg, Fe, Mn, B a. Contractor shall adjust specified analysis of fertilizer with required minor elements as required depending upon test results of existing soils, planting soil(s) and testing laboratories recommendations at no additional cost to Owner. b. Federal Specifications O -F -241 Type 1, Grade A or B. C. The chemical designation for granular fertilizer for all plantings shall be 8 -10 -10 unless otherwise recommended by testing laboratory. d. Contractor shall submit adjusted fertilizer analysis for plant type as may be required (i.e. soil, shrubs /groundcovers, trees, and palms). 2. Note Section III, Trees, Plants and Groundcovers for additional fertilizer requirements. H. Water: Free of substances harmful to growth of plants. Water shall also be free of staining agents as well as elements causing odors. Potable water will be used on the project. However, reclaimed water will be used, as available, for irrigation purposes. I. Soil Sterilizers: As recommended by State and Local Agriculture agencies. Pre - emergent herbicide "Surflan" or equal and Post - emergent herbicide "Roundup" or approved equal, handled and applied per manufacturers label and instructions, as well as per all regulatory agencies requirements and regulations. J. Sand: Clean, white, coarse - grained (0.5 mm or greater) builders sand, free of substances harmful to growth of plants. Beach sand and Mason's sand shall not be used. K. Gravel: Clean (washed), and free from substances harmful to growth of plants. Gravel shall consist of ''/2" minimum diameter to 1" maximum diameter stones with 50% of the stones no greater than 1" diameter. L. Supply complete information on all analysis /test methodologies and results; laboratory certifications, manufacturers specifications, and agency approvals to Landscape Architect or Owner's Representative prior to placement of soil conditioners. Landscape Contractor shall make all modifications and improvements to soil and soil mixes deemed necessary by Landscape Architect and Owner's Representative to meet requirements herein, and to ensure proper growing medium for all plant material without GC- CA -J -25 additional cost to Owner, prior to planting. 2.03 PLANTING SOIL MIXES A. Planting soil mixtures(s) shall be suitable for plant growth and free from hard clods, stiff clay, hardpan, gravel, brush, large roots, nematodes, weeds, refuse, or other deleterious material, and of reasonably uniform quality. B. Planting soil mixtures shall be placed per the plans, details . and notes in all planting beds and as backfill around the root balls of all trees as follows: 1. General Palm Soil Mix: 100% Topsoil Roots Inc., "M- roots" formula 25 lbs. per palm on top of backfill. 2. Royal Palm Soil Mix: 50% Approved topsoil /Florida Peat mixture 50% Clean course builders sand 1 cubic yard of mix per palm Ph range 5.5.- 6.5 Roots Inc., "M- roots" formula 25 lbs. per palm on top of backfill. Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the project. C. Trees /Shrubs and Groundcovers: Planting soil mixture shall be placed to a 4" depth over all plant areas then tilled into the topsoil and existing sub -grade to a depth of eight (8) inches. Planting soil mixture shall also be used to mix 50/50 with existing soil and used as backfill around the root balls of all trees, which consist of a mixture as follows: Blend at a 50% existing or imported topsoil and 50% planting soil mix Planting Soil Mix: 40% Florida fibrous peat 20% Compost 20% Wood chips 20% Sand (.05 -.002 mm particle size) Roots Inc., "M- roots" formula on top of backfill. 1 gal. - .25 lb. per plant, 3 gal. -.50 lb., 10 gal. - 1 lbs., 1.5" cal. dia. — 2 lbs., 2" dia. — 3 lbs. 2.5" dia. — 5 lbs., 3" dia. — 7 lbs., 4" dia. — 12 lbs., 5" dia. — 16 lbs., 6" dia. Plus — 25 lbs. Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the project. GC- CA -J -26 D. St. Augustine Floratam Sod: Existing soil to be tilled to a minimum 4" depth below all sod areas. Additive to existing soil in turf areas Roots Inc., "M- roots" formula 10 lbs. per 1000 sq. ft. with rotary spreader. Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the project. E. Annual Beds: Preparation and amendment of all annual beds shall be as follows if shown on plans: Excavated existing soil into the center of the bed for elevation and drainage. Spread the following soil amendments evenly over the bed area. 1/3 Florida peat 1/3 Pine bark 1/3 Clean builders sand 4 to 6 month Osmocote 1 tablespoon per plant F. Provide certification that all planting soil mixtures are 99% free of all viable nut grass, and other undesirable weed seeds. G. All planting soil mixes shall be thoroughly blended to form a uniform planting medium suitable for exceptional plant growth. H. Test pH of prepared topsoil and planting soil mixtures by method acceptable to current industry standards. If pH is not between 5.5 and 6.5, add approved soil conditioner /additive to bring pH within that range. Imported local topsoil shall have a Ph range of 5.5 to 7.5. I. Supply complete information on all analysis /test methodologies and results; laboratory certifications, manufacturers specifications, and agency approvals to Landscape Architect prior to placement of soil mixtures. In addition, provide Landscape Architect with thoroughly mixed sample of all soil mixes for approval prior to placement (note pH ranges). Landscape Contractor shall make all modifications and improvements to soil mixes deemed necessary by Landscape Architect to meet requirements herein, and to ensure proper growing medium for all plant material without cost to Owner, prior to planting. PART 3 — EXECUTION 3.01 INSPECTION A. Examine areas to receive soil preparation to assure work of other trades has been completed. Whole contiguous areas are to be prepared at the same time without patchwork or checkerboard work areas. B. Verify that plants to remain undisturbed have been clearly identified and protected from injury during construction. If not, identify and protect plants to GC- CA -J -27 remain according to procedures set forth in Section III, "Trees, Plants, and Groundcovers ". C. Remove all construction materials and debris from all areas to be landscaped, without additional expense to Owner, prior to subsoil preparation. D. Verify that all areas have been properly graded, and that all planting areas have adequate surface drainage prior to planting. E. Do not proceed with soil preparation or soil top dressings until all unsatisfactory conditions are corrected. F. Verity representative soil percolation test for planting pits in each project area to ensure proper soil drainage prior to planting. Schedule percolation test with Landscape Architect to verify compliance. 3.02 SITE PREPARATION A. General: Within the entire contiguous area to be landscaped, sodded or seeded, as shown on the drawings, the contractor shall complete the following site preparation. Initiate site preparation as stated herein, and coordinate all work with the existing underground sprinkler system and electrical lines. B. Grading: Upon completion of the excavation of the existing soil topsoil as described within and deemed acceptable by the Owner's Representative, the contractor shall grade and place soil mixes in all areas to the proposed grades. Proposed grades shall be as shown or notes on the plans. All areas shall be maintained in a true and even condition. All areas shall be positively drained to existing drainage structure where existing and properly compacted to prevent the formation of depressions where water will stand. All undulations and irregularities in the surface shall be leveled prior to initiating landscape planting. C. Post - Emergence Herbicide: Apply "Roundup" or equal as manufactured by Monsanto Corp. according to manufacturers recommended rate and specification within the limits of all areasspecified on the plans to be landscaped as needed to control weeds. Protect existing plants from overspray. Contractor shall ensure total eradication of all existing weed and /or natural groundcover of all areas to be landscaped within the project area prior to proceeding with plant installation. D. Pre - Emergence Herbicide: Apply "Surflan" or approved equal to all areas to be landscaped according to the manufacturers recommended rate and specification. Contractor shall be responsible to re -apply appropriate herbicide to eradicate all remaining weeds, and maintain a weed -free condition in all areas throughout all landscape planting areas. GC- CA -J -28 E. All herbicide and soil fumigant applications shall be completed by experienced personnel only; in strict accordance with applicable codes and regulations, and contained with the limits of areas to be landscaped. The contractor shall be responsible to replace all existing landscape material present on site with equal sized material that may be damaged while applying herbicide; including overspray or improper application of herbicide, at his own expense. F. Acceptance: Upon completion of all site topsoil preparation, the contractor shall request acceptance from the Owners's Representative prior to initiating landscape planting as specified. 3.03 PERFORMANCE A. Subsoil: Remove all construction debris, limerock, gravel, rocks and other deleterious material over 2" in diameter, within 18" of surface in areas to receive planting and topsoil mixtures, from the project site. Fine grade subsoil to assure finish grades are achieved by adding the specified depth of topsoil and /or planting mixture. B. Soil Mixtures 1. Prior to installing planting soil, test tree pits and planting areas for percolation. If areas do not drain; it is the contractor's responsibility to assure percolation by approved means (i.e. addition of gravel or excavate deeper to break through hardpan soil, etc). 2. Remove rocks and other objects over one inch (1 ") in diameter. 3. Grade soil mixtures to four inches (4 ") below top of surrounding paving, wherever planting beds abut paved surfaces. 4. Do not compact planting soil mixture; but do wet/soak planting areas to assure proper settlement. Replace topsoil /planting soil mixture to specified grade after watering, where necessary. 5. Grade topsoil to finished grade in areas to be sodded. Remove plant material not indicated as existing, or to be relocated, in order to adhere to sod lines. 6. Remove limerock or soil cement, and /or any other materials deleterious to plant growth and survivability, in median islands or construction areas to a full 18 inch soil depth in planting beds or turf areas. Do not damage sub -base material for paved surfaces or curbing. Assure percolation, and then backfill with approved planting soil mix. 7. Excavate annual beds and replace soil with approved planting soil mix as indicated above. GC- CA -J -29 3.04 CLEAN -UP A. Immediately clean up spills, soil and conditioners on paved and finished surface areas. B. Remove debris and excess materials from project site daily. :4.UI9]�9x00[a]kgWA SECTION VI - CONVENTIONAL POP -UP IRRIGATION SYSTEM PART1 GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Streetscape Master Plan C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the installation of an automatic irrigation system as specified herein, and as shown on the drawings, and any incidental work not shown or specified which can reasonably be determined to be part of the work, and necessary to provide a complete and functional system. B. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. The Owner shall provide Collier County right -of -way permit and F.D.O.T. permits. C. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization relfwayd1IIcIi] signed by the Owner or his duly appointed representative. D. Provide "Maintenance of Traffic" plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices ", F.D.O.T. "Roadway and Traffic Design Standards" indexes and the F.D.O.T. "Florida Pedestrian Safety Plan" latest editions. 1.03 RELATED WORK A. Section I - Traffic Control Plan / F.D.O.T. Indexes B. Section III - Underground Electric Service Feed C. Section IV Grading D. Section V— Planting Soil Preparation E. Section VII —Plant Material and Installation F. Section VIII Sodding 1.04 QUALITY ASSURANCE A. Installer Qualifications: A firm specializing in irrigation work, with not less than five (5) years of experience in installing irrigation systems similar to those required for this project. B. Coordination: Coordinate and cooperate with other contractors to enable the work to proceed as rapidly and efficiently as possible. C. Inspection of Site: The contractor shall acquaint himself with all site conditions, including underground utilities before construction is to begin. Contractor shall coordinate placement of underground materials with contractors previously working underground in the vicinity, or those scheduled to do underground work in the vicinity. Contractor is responsible for minor adjustments in the layout of the work to accommodate existing facilities. D. Protection of Existing Facilities, Signage, Vegetation and General Site Conditions: The Contractor shall take necessary precautions to protect existing vegetation in preservation areas. Contact Landscape Architect if minor adjustments are not sufficient to protect existing site conditions. All existing grades shall be maintained and restored to their previously existing condition immediately following installation and testing. E. Protection of Work and Property: The Contractor shall be liable for, and shall take the following actions as required with regard to damage to any of the Owner's property. 101M IMIN (1) Any existing building, equipment, piping, pipe coverings, electrical systems, sewers, sidewalks, roads, grounds, landscaping or structure of any kind (including without limitation, damage from leaks in the piping system being installed, or having been installed by Contractor) damaged by the Contractor, or by his agents, employees, or subcontractors, during the course of his work; whether through negligence or otherwise, shall be replaced or repaired by Contractor at his own expense in a manner satisfactory to Owner, which repair or replacement shall be a condition precedent to Owner's obligation to make final payment under the Contract. (2) Contractor shall also be responsible for damage to any work covered by these specifications before final acceptance of the work. He shall securely cover all openings into the systems and cover all apparatus, equipment and appliances, both before and after being set in place, to prevent obstructions on the pipes, and the breakage, misuse or disfigurement of the apparatus, equipment or appliance. F. Codes and Inspections: The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor shall take out all required permits except as noted within, arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work under this contract. Upon completion of the work, he shall furnish to the "Owner' all inspection certificates customarily issued in connection with the class of work involved. G. The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Owner, or Owner's Representative. H. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. The Owner's Landscape Architect, Irrigation consultant, or designated individual, herein referred to as the Owner's Representative, shall have full authority to approve or reject work performed by the Contractor. The Owner's Authorized Representative shall also have full authority to make field changes that are deemed necessary. J. In all cases where observation of the irrigation system work is required, and /or where portions of the work specified to be performed under the direction of the Owner's Representative, the Contractor shall notify same, at least 48 hours prior to the time such observation or direction is required. K. Any necessary re- excavation or changes to the system needed, because of failure of the Contractor to have the required observations, shall be performed at the Contractor's expense. GC- CA -J -32 1.05 SUBMITTALS A. Refer to General Requirements, Operation and Maintenance Date (when applicable to this contract). B. All material shall be those specified and /or approved by the Landscape Architect. C. Product Data: After the award of the contract, and prior to beginning work, the Contractor shall submit for approval by the Owner's Irrigation Consultant and Landscape Architect, two copies of the complete list of materials, manufacturer's technical data, and installation instructions which he proposes to install. For all proposed element substitutions, the contractor shall submit performance technical data approved by the Center of Irrigation Technology. D. Commence no work before approval of material list and descriptive material by the Irrigation Consultant and Landscape Architect. E. Record Drawings: The Owner shall furnish the Contractor with one set of reproducible vellums or mylar sepias showing all work required under this contract for the purpose of having the Contractor record on these reproducibles all changes that may be made during actual installation of the system. Location shall include dimensions from two (2) permanent points of reference (building corner, street corner, fence line, etc.). (1) Immediately upon installation of any piping, valves, wiring, tubing, etc., in locations other that shown on the original drawings, or of sizes other than indicated, the Contractor shall clearly indicate such changes on a set of blueline prints. Records shall be made on a daily basis. All records shall be neat and subject to the approval of the Owner. (2) The Contractor shall also indicate on the record prints the location of all wire splices, original, or due to repair, that are installed underground in a location other than the controller pedestal, remote control valve box, or power source. (3) These drawings shall also serve as work progress sheets. The Contractor shall make neat and legible notations thereon daily as the work proceeds, showing the work as actually installed. These drawings shall be available at all times for review, and shall be kept in a location designated by the Owner's Representative. (4) Each month when Contractor submits his progress payment request to the Owner, it shall include the up to date record drawing information for all material installed to that date. (5) Progress payment request and record drawing information must be approved by the Landscape Architect before payment is made. GC- CA -J -33 (6) If, in the opinion of the Owner or his representative, the record drawing information is not being properly or promptly recorded, construction payment may be stopped until the proper information has been recorded and submitted. (7) Before the date of the final site observation and approval, the Contractor shall deliver one set (copies) of the record drawing plan and notes to the Landscape Architect. The Contractor shall deliver the original marked reproducibles to the Owner. The Landscape Architect and Owner shall approve record drawing information prior to final payments, including retention's. PART 2 PRODUCTS All products shall be as specified on the plans and herein these specifications. 2.01 MATERIALS A. The materials chosen for the design of the irrigation system have been specifically referred to by the manufacturer, so as to enable the Irrigation Consultant or Landscape Architect to establish the level of quality and performance required by the system design. Equipment by other manufacturers may be used only if submittal of manufacturer's technical data and installation instructions are reviewed and approved by the Landscape Architect and Owner's Representative. Approval may be granted only if substitution is equal to the specified equipment. Performance technical data provided and approved by the Center of Irrigation Technology must be submitted for all proposed product substitutions. B. Storage and Handling: Use care in handling, loading, storing and assembling components to avoid damage. Store plastic pipe and fittings under cover and protect from sunlight before using. Discolored plastic pipe and fittings shall be rejected. C. All metallic pipe and fittings shall be handled, stored, loaded and assembled with the same care used for plastic components. Metallic components shall be stored in an enclosure to prevent rusting and general deterioration. D. Polyvinyl Chloride Pipe (PVC): (1) All PVC pipe shall be homogeneous throughout, free from visible cracks, holes, and foreign materials. The pipe shall be free from blisters, dents, ripples, extrusion die and heat marks. (2) All PVC pipe shall be continuously and permanently marked with the manufacturer's name or trademark, kind and size (IPS) of pipe, material, and GC- CA -J -34 manufacturer's lot number, schedule, class or type, and the NSF seal of approval. (3) Pipe tensile strength shall be in accordance with ASTM -D 638. (4) Polyvinyl Chloride Pipe (PVC) Bell End Gasket Type — Pipe 3" and larger shall be used, or irrigation main line and any other line under constant pressure, and shall be: a. PVC 1120/1220 Class 200, SDR -26 Bell End Gasket Type in accordance with the latest revision of the following specifications: American Society for Testing Materials ASTM -D 1784 ASTM -D 2241 ASTM -D Department of Commerce, PS 22 -7 National Sanitation Foundation Testing Laboratories b. Provide written certification from manufacturer that polyvinyl chloride pipe has successfully passed all tests per ASTM -D 2241. (5) Polyvinyl Chloride Pipe (PVC) Solvent Weld Type — Pipe 2 '/2 inches and smaller shall be used for lateral piping, and any piping not under constant pressure , and shall be: a. PVC 1120/1220 Class 160, SDR -21 solvent weld joint, in accordance with the latest revision of the following specifications: American Society for Testing Materials ASTM -D 1784 ASTM -D 2241 Department of Commerce, PS 22 -70 National Sanitation Foundation Testing Laboratories b. Provide written certification from manufacturer that polyvinyl chloride pipe has successfully passed all tests per ASTM-D 2241. (6) All piping including main lines and laterals for reuse water source projects shall be color coded (Pantone purple 522C) for reuse water per County ordinances and State statues. E. PVC Pipe Fittings: (1) Molded solvent weld socket fittings shall be PVC Schedule 40, Type 1 /II in accordance with ASTM- D2466. Sockets shall be tapered, conforming to the outside diameter of the pipe, as recommended by the pipe manufacturer. All fittings must conform to the twenty (20) minute acetone test as for pipe, and shall be a approved. GC- CA -J -35 (2) Molded threaded fittings shall be PVC Schedule 80 in accordance with ASTM -2464. All fittings shall withstand the twenty (20) minute acetone test, and be approved. (3) All molded fittings shall be marked with manufacturer's name and /or trademark, type PVC, schedule, size and NSF seal of approval. Extruded couplings shall be from NSF rated raw materials, and meet ASTM standards. Supplier shall provide certification on extruded couplings when requested. (4) Schedule 80 threaded male /female adapters shall be used in connecting to threaded joints. (5) All changes in depth of mainline pipe shall be made using 45 degree fittings. (6) All threaded PVC to metallic connections shall be made in accordance with the PVC fitting manufacturers recommendations. Any sealant used shall be of the non - hardening, non - petroleum base type, and shall not adversely affect PVC pipe or fittings. F. PVC Solvent Cement: PVC solvent cement and primer /cleaner shall be compatible with the specific size and type of PVC pipe and fittings, and of proper consistency in accordance with the pipe manufacturer recommendations. G. Rubber Rings and Gasket Joint Lubricant: Rubber rings shall conform to ASTM -D 1869 and F 477. Contractor shall only use pipe joint lubricant supplied by or recommended by the pipe manufacturer. Lubricant shall be water soluble, non - toxic, an inhibitor to bacterial growth, and shall be non - detrimental to the elastomeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco (RR), petroleum products, cooking oil, grease, etc.) shall not be used. H. Automatic Field Controller: The irrigation controller shall be as specified on the plans. All field controllers shall be equipped with all available electrical surge /lightning protection devices for all circuits. Protection shall be factory supplied and installed whenever possible. Protection devices not supplied by the manufacturer shall be as recommended by manufacturer to provide a maximum degree of protection. I. Low Voltage Valve Control Wire (24 Volt): All 24 volt control wire shall be #10 AWG or as specified on plans, UL listed single conductor solid copper, type UF, 600 volt test for direct burial installation. GC- CA -J -36 (1) Provide one (1) red activation, (1) white common, (1) blue expansion and (1) green spare 24 volt valve control wire, between the field controller terminal strip station lug and the farthest control valve solenoid lead; to all control valves. (2) Valve common wire shall be white in color. Individual valve control wires shall be color -coded or identified by an approved tagging method. (3) All wire shall be furnished in minimum 2,500 feet rolls and spliced only at the valve and the controller. J. Control Valves The remote control valves shall be as specified on the plans, and shall perform to the manufacturer's specifications. K. Gate Valves: Gate valves one inch (1 ") through four inch (4 ") shall be specified on the plans and shall perform to the manufacture's specifications. L. Quick Coupling Valve: All quick coupling valves shall be solid bronze as specified on the plans, and shall perform to the manufacturer's specifications within jumbo valve boxes. M. Control Valve Boxes: All control valve, gate valve, and quick coupling valve boxes shall be jumbo twenty -four inch (24 ") Ametek Boxes, or approved equal, with identification covers reading, i.e." Control Valve" or Irrigation Controls ". Where possible, gate valves shall be installed with control valves. Jumbo size boxes with cover shall be used for all two valve in one box installations. Gravel and non -woven soil fabric shall be installed at the bottom of the boxes as shown in the details. (1) Locking lids shall be mauve in color; boxes and extensions shall be black or green, and constructed of high strength, light weight thermoplastic. N. Tubinq to Connections: All interconnecting tubing sections shall be connected with connections recommended by the tubing manufacturer. (1) Any threaded connection using Teflon tapes as an anti -seize device shall avoid excessive use of Teflon tape. Apply Teflon tape only in accordance with fittings and /or component manufacturers' recommendations. GC- CA -J -37 O. Back Flow Prevention Device: The back flow prevention device shall be as specified on the plans, and shall be installed and perform to the manufacturers specifications. If back flow prevention device is required by local or state laws or ordinances it shall be supplied by Collier County. P. Conventional Irrigation System General Layout and Installation: System zones shall have all components as shown on the plans and as recommended by the manufacturer. (1) The Irrigation Contractor shall coordinate with the Landscape Contractor for the layout of the landscape designated areas. The Irrigation Contractor shall make all adjustments necessary to assure that water is provided in a consistent and uniform fashion to the plant material. Any significant layout changes shall be brought to the attention of the Project Manager and Landscape Architect for approval. The Irrigation Contractor shall have the layout approval of the Project Manager and Landscape Architect prior to covering the layout changes. Upon the complete installation of the system or sections and being fully operational the system shall be run for two continuous days to hydrate the soil. (2) Thoroughly flush all pipelines for a period of no less than five minutes prior to installing nozzles. (3) Review of each zone for layout and coverage approval is required by the Owner's representative. (4) The soils at the planting areas shall be thoroughly hydrated two days prior to the installation of plant material. The Landscape Contractor shall coordinate with the Irrigation Contractor for the location of large plant materials. Any damaged lines shall be repaired or replaced by the party responsible for the damage. In the event of repairs or replacements, the section shall be thoroughly flushed. All expenses incurred as a result of the damaged shall be bared by the responsible party. P. Sprinkler Heads and Nozzles: The sprinkler heads and nozzles shall be as specified on the plans, and shall perform to the manufacturer's specifications. PART 3 EXECUTION 3.01 SYSTEM DESIGN GC- CA -J -38 A. Design Pressures: Main line pressure at the source location shall be as required to operate the irrigation system at the design pressures as specified on the plans. Pressure shall meet manufacturer's specifications. B. Location of Irrigation Components: Irrigation plants are diagrammatic and approximate. All piping wires, field controllers, etc., shall be installed within the project boundaries. Final location of piping and wiring shall be done following Contractor ascertaining location of existing underground utilities. C. Sprinkler Head Spacing: Head spacing shall be as shown on the plans. Do not exceed spacing shown or noted on the plans. Spacing may be adjusted to accommodate changes in terrain, proposed planting locations, and existing site conditions, only if approved prior to installation by the Irrigation Consultant and /or Landscape Architect. D. Minimum Water Coverage: Minimum water coverage shall be for all proposed plants and turf areas. Layout may be modified if necessary, and approved by the Irrigation Consultant and /or Landscape Architect, to obtain coverage. E. Codes and Inspections: The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor shall take out all required permits (excluding permits listed within and provided by the Owner), arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work. Upon completion of the work, he shall furnish to the "Owner" all inspection certificates customarily issued in connection with the class of work involved. 3.02 EXCAVATION AND TRENCHING A. Perform all excavations as required for the installation of the work as defined and described on the installation plans, in accordance with the contract documents, and under this section of specifications. B. All construction shall be done in a neat and workmanlike manner in strict accordance with manufacturer's recommendations. No sand or foreign material shall be allowed to enter the pipe. Ends shall be suitably plugged when pipe laying is not in progress. GC- CA -J -39 C. Main and Lateral Line Trenching: Mainlines shall be installed in accordance with the installation details, and by cutting and removing sod if necessary; trenching, laying pipe, backfilling, compacting soil, restoring grades, and replacing sod, if required. (1) Mainline trenches shall be of the necessary width for the proper laying of pipe, fittings, wire and conduits, and the banks shall be as vertical as possible. Trenches shall be great enough to allow six inches between parallel pipelines. Trench with shall not be greater than is necessary to permit satisfactory jointing and other installation procedures. (2) Mainline trench depths shall be as noted in the specifications and on the installation plans and details. Use 45- degree fittings for all changes in depth of mainline pipe. (3) Trench bottoms shall be sufficiently graded to provide uniform bearing and support for each section of pipe at every point along its entire length. Trench bottom shall be free of rocks, gravel and other extraneous debris. D. Safety: Maintain all warning signs, shoring, barricades flares and red lanterns as required by the Safety Orders of the Industrial Safety, and any applicable Federal, State and local ordinances. E. Trench Depth: Trenches shall be made wide enough to allow a minimum of six inches between parallel pipe lines. Trenches for pipelines shall be made of sufficient depths to provide the minimum cover from finish grade as follows: Minimum cover over main line sleeves under paved surfaces to be 36" or per FDOT requirements. 36" minimum cover over main lines under paved surfaces. 24" minimum cover over main lines within medians, if installed along back of curbing. 48" minimum cover over main lines within medians, if installed down center of median. 12" minimum cover over lateral lines to heads. (1) Metalized identification tape shall be buried approximately six (6) inches above irrigation main line. Tape width shall be three inch (3") minimum. Tape colors and imprints shall be as follows: Imprint Color "Reclaimed Water" Pantone Purple 522C Caution — Non - Potable Irrigation Water Line Buried GC- CA -J -40 F. All irrigation pipe, three inches and larger, shall be thrust blocked as shown on the details on accompanying plans. 3.03 BACKFILL AND COMPACTING A. After testing of system has occurred, and observations have been made, backfill excavations and trenches with clean soil, free of stones, sticks, construction debris and rubbish. B. Contractor shall not backfill over fittings, valves or couplings until pressure tests have been successfully completed. C. Backfill for all trenches, regardless of the type of pipe covered, shall be compacted to minimum 90% density. Compact trenches in areas to be planted by thoroughly flooding the backfill. Jetting process shall be used when necessary in those areas. D. Dress off all areas to finish grades, and restore to condition previous to irrigation installation. E. Clean -Up: Remove from the site all debris resulting from work of this section. Cleanup shall be conducted continuously throughout the installation process to keep extraneous materials off the work site. 3.04 INSTALLATION A. Remote control Valves: Install remote control valves where shown and group together where practical; place no closer than 12 inches to walk edges, buildings, and walls. B. Valve Boxes: Install all valve boxes to avoid direct contact with PVC irrigation piping. During valve box installation, place gravel and filter fabric as specified in the plan details. All valve boxes to be jumbo size. Install in planting beds where possible. C. PVC Pipe and Fittings: Plastic pipe and fittings shall be solvent welded using solvents and methods as recommended by manufacturer of the pipe; and as indicated elsewhere in these specifications, except where screwed connections are required. Pipe and fittings shall be thoroughly cleaned or dirt, dust and moisture before applying solvent GC- CA -J -41 with a non - synthetic bristle brush. All screwed connections shall b thoroughly cleaned and wrapped with Teflon tape, as specified in these specifications. (1) The pipe manufacturer's installation manual shall be followed for the installation practices. (2) Use only a color- tinted cleaner /primer to prepare the outside diameter of the pipe and the inside diameter of the fitting socket. Cleaner /primer and solvent cement shall be compatible with the specific sizes and types of PVC pipe and fittings being used. (3) Use only those applicator devices approved or recommended by the pipe and fitting manufacturer to apply the cleaner /primer and the solvent cement. Applications shall also be approved by the manufacturer of the cleaner /primer and solvent cement. (4) Make all joints immediately after applying the solvent cement. Check all fittings for correct position. Hold joint steady so that pipe does not push out from fitting. Use a clean rag to remove any excess solvent from completed joint area. (3) All joints shall remain completely undisturbed for at least 15 minutes prior to any movement. D. Above Ground Piping: All pipe and fittings permanently installed above ground shall be UV resistant PVC Schedule 80 pipe. Piping shall be painted a color as approved by the Owner. (1) All pipefittings intended for temporary use, and installed above ground, shall be UV resistant PVC Schedule 80. E. Pipe Sizes: All lateral and mainline pipe sizes are as indicated on the Irrigation Plans. Contractor shall minimally size pipe so to maintain a minimum 45 - 50 PSI operating pressure. F. Manual Gate Valves: Make all connections between PVC pipe and metal valves or steel pipe with threaded fittings using PVC male adapters. All threads shall be thoroughly cleaned of dirt, dust, and moisture before wrapping with Teflon tape. G. Automatic Field Controllers: The on -site location of the automatic controllers shall be approved by the GC- CA -J -42 Irrigation Consultant and /or the Landscape Architect following stake -out in the field by the Contractor. Contractor shall be responsible for monitoring the integrity of the flag markings. (1) Controllers shall be installed in accordance with the plan details and manufacturer's instruction. (2) Contractor shall provide controller grounding in accordance with the manufacturer's requirements and /or recommendations. If specified ground resistance cannot be obtained, consult manufacturer for prescribed methods. (3) Connect remote control valve to controller in the sequence shown on the plans. If plan is not labeled, then connect remote control valves to controller in a clockwise sequence to correspond with station setting, beginning with Stations 1, 2, 3, etc. 3.05 CLOSING OF PIPE AND FLUSHING LINES A. Cap Openings: Cap or plug all openings as soon as lines have been installed to prevent the entrance of materials that would obstruct the pipe. Leave in place until removal is necessary for completion of installation. (1) Thoroughly flush out all irrigation lines before installing valves, heads and other hydrants. (2) Test in accordance with paragraph on Hydrostatic Tests. B. Testing: Request the presence of the Irrigation Consultant and /or Landscape Architect in writing, or by phone, at least 48 hours in advance of testing. All testing is to be accomplished at the expense of the Contractor, and in the presence of the Irrigation Consultant and the Landscape Architect. C. Hydrostatic Test: Center load piping with small amount of backfill to prevent arching or slipping under pressure. A continuous and static water pressure of 120 PSI or as directed by Owner's representative shall be applied for a period of not less than two (2) hours. Repair all leaks resulting from pressure test. Expel air from system after testing, and flush all lines. (1) Tests shall be made between valves and, as far as is practicable, in sections of approximately one thousand (1000) feet, as long as approved by the GC- CA -J -43 Irrigation Consultant and /or the Landscape Architect. Potable water from an existing water distribution system shall be used, if available. The test pressure shall be 120 PSI, or as directed by Owners Representative and the pressure shall be maintained for a period of not less than two (2) hours. Pressure shall not vary more than two pounds from the above during the two hour testing period. Allowable leakage shall be computed on the basis of table 3, Section 13.7 AWWA Standard C600 -64, on the applicable formula for other than 18 foot lengths. (2) All leaks evident at the surface shall be uncovered and repaired, regardless of the total leakage, as indicated by the test. All pipes, valves, fittings and other material found defective under the test shall be removed and replaced at the Contractor's expense. Tests shall be repeated until leakage has been corrected. D. Operational Testing: Perform operations testing after hydrostatic testing is completed, backfill is in place, and sprinkler heads adjusted to final position. E. Demonstration: Demonstrate to the Irrigation Consultant and /or the Landscape Architect that the system meets coverage requirements, and that automatic controls function properly. Coverage requirements are based on operation of one circuit at a time. F. Upon completion of the testing, the Contractor shall complete assembly, balance and adjust components for proper distribution, as indicated elsewhere in these specifications. 3.06 ELECTRICAL A. Irrigation Contractor shall be responsible for the placement of the 110 -volt AC service necessary for the operation of electric controller as specified on the plans, and in accordance with the manufacturer's specifications. B. Electric control lines (24 Volt) from controller to automatic valves shall be direct burial wire of a different color than the 110 Volt service to controllers. The 24 Volt common ground shall be of one continual color, and of a different color than the other 24 Volt lines and the 110 Volt service. All 110 Volt AC wiring shall be installed in accordance with Federal, State, and local electric requirements. C. All 24 Volt wire shall be placed in 1.25" dia. sch. 40 pvc piping along the main line from valve or splice box to valve or splice box and from the main line to the controller location if the controller is not located next to the main line. A valve box shall be installed at all locations where the wiring leaves to main line. GC- CA -J -44 D. Provide an expansion curl within three (3) feet of each wire connection, and at each change of direction. Each expansion curl shall be formed by wrapping at least six (6) turns of wire around a 2 -inch diameter pipe, then removing the pipe. E. All 24 Volt wire shall be installed in accordance with the latest provisions of the National Electrical Code, and all prevailing local codes. F. All above ground low voltage wiring shall be installed in UL listed plastic conduit and connectors, in accordance with prevailing local codes. G. Install all 24 Volt valve control wires and common wire under the irrigation main to one side of mainline trench. Installation depth shall conform to the depth of the mainline as indicated elsewhere in these specifications. H. Install all 24 Volt wires in mainline trench, except for distance between controller and the mainline pipe location. I. All field repair splices shall be made using Scotch -Lok No. 3500 or DBY connector sealing packs, or approved equivalent. Each individual wire splice requires one connector sealing pack. J. All in- the -field low voltage wire splices shall be made in a valve box as described within these specifications, or in the pedestal of the field controller. K. When more than one wire is placed in the same open trench, wires shall be bundled and taped together using black electrical tape., L. Provide an expansion coil of eight to ten feet of wire or cable at each change in direction along the wire routing where wire is directly buried in a trench. Provide an expansion coil of four to six feet of wire every 1000 feet of straight wire run. Coil diameter to be 24 to 30 inches. Do not tape restrain the wire coil. Lay the wire coil flat in the trench. M. Provide an expansion coil of eight to ten feet of wire or cable at each side of a road crossing. Coil diameters to be 24 to 30 inches. Do not tape restrain the wire coil. Lay the wire coil flat in the trench. N. All wire passing under existing or future paving, or construction, shall be encased in plastic conduit extending at least 24 inches beyond edges of paving or construction, as indicated on the irrigation plans, or elsewhere in these specifications. O. The 24 VAC low voltage wiring system between field controller (FC) and remote control valves shall be properly grounded per manufacturer's instructions. 3.07 PROVISIONAL ACCEPTANCE GC- CA -J -45 A. The Contractor shall complete all construction, and shall repair or replace all defective work before provisional observation by the Landscape Architect. On completion, and upon request of the Contractor, the Landscape Architect shall inspect all irrigation for provisional acceptance. The request shall be received from the Contractor at least two days before the anticipated provisional observation. 3.08 FINAL ACCEPTANCE A. Final acceptance shall be done in accordance with General Requirements. Contract close -out (when applicable to this contract). B. "Record" Irrigation Drawings: Record drawings shall be delivered to the Owner, Irrigation Consultant and /or the Landscape Architect before final acceptance of work. 3.09 WARRANTY A. Warranty: The Contractor shall furnish a written warranty, stating that all work included under this contract shall be warranted against all defects and malfunction of workmanship and materials for a period of one (1) year from date of completion and final acceptance of this project, unless County provides warranty to be executed. (1)The Contractor further agrees that he will, at his own expense, repair and /or replace all such defective work and materials, and all other work damaged thereby, and which becomes defective during the term of the guarantee /warranty, in an expedient manner. (2) The Owner retains the right to make emergency repairs without relieving the Contractor's guarantee obligation. In the event the Contractor does not respond to the Owner's request for repair work under their guarantee /warranty within a period of forty -eight (48) hours, the Owner may make such repairs, as he deems necessary, at the full expense of the Contractor. (3) Any settling of backfilled trenches, which may occur during the guaranty /warranty period, shall be repaired by the Contractor at no additional expense to the Owner, including the complete restoration of all damaged planting, sod, paving or other improvement of any kind. B. Instruction: After completion and testing of the system, the Contractor will instruct the Owner's personnel in the proper operation and maintenance of the system, 1010Y97•0b[ SECTION VII — PLANT MATERIAL AND INSTALLATION PART 1 —GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Landscape Beautification Master Plan, R.O. W. Ordinance C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated on the drawings, as specified herein or both, except as for items specifically indicated as "N.I.C." not in contract items ". B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices ", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 RELATED WORK E. Section I Traffic Control Plan / F.D.O.T. Indexes A. Section IV Grading B. Section V Planting Soil Preparation D. Section VI Irrigation C. Section VIII Sodding 1.04 SITE INSPECTION A. The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his own subsurface investigations, as necessary, to satisfy requirements of this Section. All GC- CA -J -47 subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Owner or Owner's Representative. 1.05 QUALITY ASSURANCE A. Inspection 1. Furnish nursery grown plant materials inspected by State Department of Agriculture at the growing site and tagged or otherwise approved for delivery by Landscape Architect. 2. Inspection at growing site does not preclude right of rejection at project site. B. Furnish plant materials certified by State Department of Agriculture to be free from harmful insects or apparent disease. Submit verification that all plant material is free of harmful insects and disease. C. All plant material shall meet or exceed the minimum grade of Florida No. 1 in accordance with "Grades and Standards for Nursery Plants" Parts I & II, latest volumes published by the State of Florida Department of Agriculture and Consumer Services. D. Plant Material shall be shade or sun grown, and /or acclimatized depending on planting location in the plans. E. All landscape construction work shall be installed by qualified personnel or a qualified landscape construction subcontracting company that has experience in landscape construction of similar size and scope, as is indicated for this project. The Contractor shall submit for the Owner's review and approval resumes of all superintendents and foremen designated to perform the work, and a list of five (5) projects with references with which he or she was involved. Those projects must be of similar size and scope of work as this project. If the Contractor elects to use a subcontractor for this portion of the work, the subcontractor shall have been in operation for a minimum of five (5) years, licensed to work in the State of Florida, and supply to the Owner all the above stated criteria. The Owner reserves the right to accept or reject the proposed subcontractor or its designated personnel, in whole or in part, based on the information provided above, and in accordance with the terms and conditions of the Contract Documents. 1.06 SUBMITTALS A. Certificate of inspection of plant material by State Authorities. B. Test Reports: Analysis of samples from planting soil supply areas (i.e., signed original copy by testing laboratory only). If Contractor elects to divide the project area into incremental substantial completion areas, soil samples and test reports shall be required for each increment 14 days prior to beginning each increment. GC- CA -J -48 C. Maintenance Instruction: Prior to the end of the maintenance period, furnish three copies of written maintenance instructions to the Owner's Representative and Landscape Architect for maintenance and care of installed plants throughout their full growing season. D. Grower's Certification: Requirements for root pruning and holding B &B stock at the nursery. E. Plant Samples: Three plants of each shrub, groundcover, or vine 7 gallon or less, as specified for approval by the Landscape Architect, and to be used as representative size, specification, and plant type for all plant materials to be installed. Any plant material that does not conform to the plans, specifications, or approved plant samples, shall be rejected. F. Plant Photographs: Contractor shall provide representative photographs of all plant material specified over 7 gallon in size, with a measuring rod included in photograph. At contractor's option, contractor may elect to coordinate with Owner's Representative and Landscape Architect one tagging trip to cover all larger plant materials at contractor's cost. G. Project Schedule: Provide five (5) copies of a comprehensive project schedule, indicating contractors proposed work and installation schedule. Schedule shall include breakdown for site preparation and grading, irrigation, trees /palms, shrubs, groundcovers, sod /seed, and final clean up. Contractor shall also include project "milestones" for designated project areas within the total project area as required, including substantial completion dates. H. All certificates, reports, and samples shall be submitted by the Contractor to the Landscape Architect a minimum of one week prior to the installation of any of the materials. Contractor shall not begin work until all submittals have been verified by the Landscape Architect. Submittals required, but not limited to the following: 1. Existing soil analysis and sample. 2. Prepared soil analysis and sample. 3. Mulch sample (Eucalyptus mulch, Grade ALshredded required). 4. Erosion control fabric sample as required. 5. Pre -and post- emergent herbicide. 6. Weed eradication treatment for lawn grass. 7. Foliage spray fertilizer(s). 8. Sod certification(s). 9. Plant samples and /or photographs. 10. Drainage gravel sample. 11. List of personnel, qualifications, and schedule. 12. Guying methodologies. 13. Leaf antidessicent spray. 14. Maintenance manual. GC- CA -J -49 15. Soil Separator sample and product sheet. 16. Sand fraction analysis. 17. Fertilizer(s). 18. Plant supplier certifications. 1.07 DELIVERY, STORAGE AND HANDLING A. Inventory: Verify that plant species, quantity, and quality of plants in Owner's nursery and /or holding area matches that on plant list and drawings. B. Preparation for delivery: 1. Prune head and /or roots of all trees only under direction of Landscape Architect, and as required to assure safe loading, shipment and handling without damaging the natural form and health of the plant. 2. Balled and Burlaped (B &B) plants a. Dig and prepare for shipment in manner that will not damage roots, branches, shape, and future development after replanting. b. Ball with firm, natural balls of soil, per "Florida Grades and Standards for Nursery Plants ". c. Wrap ball firmly with burlap or strong cloth and tie: ANSI Z60.1. C. Delivery 1. Deliver soil conditioners (pesticides, herbicides, fumigants, and fertilizers) to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. Store in designated areas only. 2. Deliver planting soil mixes and mulch in bulk with manufacturer's guaranteed mix, name, and conformance to State law. Store in designated areas only. 3. Deliver plants with legible identification labels. a. Label trees, evergreens, containers of like shrubs, or groundcover plants. b. State correct plant name and size indicated on Plant List. c. Use durable waterproof labels with water- resistant ink, which will remain legible for at least 60 days. 4. Protect all plant materials during transport/delivery with shade cloth or other acceptable means to prevent wind burn. 5. Protect all plant material during delivery to prevent damage or desiccation to root ball or desiccation of crown and leaves. GC- CA -J -50 6. Mist periodically each day all tree /palms root balls and crowns /tops during delivery, handling, and storing on site to ensure against drying. 7. Notify Landscape Architect and Owner of delivery schedule in advance so plant material may be inspected upon arrival at job site. 8. Remove unacceptable plant material immediately from job site. E. Storage 1. Balled and burlaped plant stock: Deliver from nursery and shall be dug with a firm, natural ball of soil of sufficient size to encompass the fibrous and feeding roots of the plant. No plants moved with a ball shall be planted if the ball is cracked or broken. 2. Bare root plant material: Deliver direct from supplier. 3. Protect roots of all plant material from drying or other possible injury with shade - cloths, tarps, or other means. Keep plant root ball and crown moist at all times. 4. Store plants in shade and protect from weather. Heel in trees in a vertical position as required. Irrigate all stored plants as required. 5. Maintain and protect plant material not to be planted within four hours. Plant palms upon delivery. D. Handling 1. Do not drop plants. 2. Do not pick up container or balled plants by stems or trunks. 3. Do not use chains or cables on any trees or palms. Handle using nylon straps, 2" width minimum. 1.08 JOB CONDITIONS A. Planting Season: Perform actual planting only when weather and soil conditions are suitable, in accordance with locally accepted practice. B. Locate all underground utilities and other non - readily visible structures prior to digging. Landscape Contractor shall repair all damage to underground utilities, and /or construction caused by utility damage, at no cost to the Owner. C. Verify that all existing trees to remain are properly identified and barricaded to prevent damage under this and future construction. Landscape Contractor shall be responsible for maintaining adequate identification and barricading of all existing plant material to remain throughout the installation and required maintenance period. GC- CA -J -51 1.09 GUARANTEE A. Guarantee all shrub and groundcover, trees, and palms plant material for a period of 12 months after date of Final Completion. replacement plants under this guarantee shall be replaced within (2) two weeks of rejection, and guaranteed for (12) twelve months from date of installation. B. Repair damage to other plants, lawn or construction work during plant replacement at no cost to the Owner (this includes, but is not limited to, damage to curbs, walks, roads, fences, site furnishings, etc.). 1.10 SCHEDULING A. Coordinate work and installation as required with other contractors within the project area that may be in progress as required. B. Install trees, shrubs, and ground cover before lawns are installed. C. Notify Landscape Architect of anticipated installation date at least (2) two weeks in advance. PART 2 — PRODUCTS 2.01 PLANT MATERIAL A. Well- formed and shaped, true to type, and free from disease, insects, and defects such as knots, sun - scald, windburn, injuries, abrasion or disfigurement. B. True to botanical and common name and variety: American Joint Committee on Horticultural Nomenclature, Standardized Plant Names, latest edition. C. Minimum grade of Florida No.1 in accordance with "Grades and Standards for Nursery Plants" latest Volumes, published by the State of Florida Department of Agriculture. All plants not listed in "Grades and Standards for Nursery Plants ", published by the Division of Plant Industry, shall conform to a minimum grade of Florida No.1 as to: 1. Health and vitality 2. Condition of foliage 3. Root system 4. Freedom from pests or mechanical damage 5. Heavily branched and densely foliated according to the accepted normal shape 6. Freedom of low and /or tight "V" shaped crotches. D. Nursery Grown: ANSI Z60.1 -1969 GC- CA -J -52 1. Grown under climatic conditions similar to those in locality of project. 2. Container grown stock: a. Growing in container for minimum 30 days before delivery, with sufficient root system for container size. b. Not root -bound or with root systems hardened off. 3. Use only ground cover plants well - established in removable containers, integral containers, or formed homogenous soil sections. 4. Trees shall be nursery/tree farm grown. Collected and Grow Bag trees will not be accepted unless previously done in writing from the project Landscape Architect. E. Minimum root ball sizes for all palms shall be as delineated within "Grades and Standards for Nursery Plants, Part II, Palms and Trees ", latest volumes, published by the State of Florida Department of Agriculture. F. Materials should be installed at their specified size and heights. 2.02 PLANTING SOIL A. Planting soil mixture for backfill around trees, palms, shrubs, and groundcover shall be as specified in Section V — Planting Soil Preparation. 2.03 SOIL CONDITIONERS A. Soil conditioners shall be as specified in Section V — Planting Soil Preparation. 1. Apply foliage sprays with a wetting agent. B. It shall be the responsibility of the contractor to supply and transport water to all landscape areas during construction until the irrigation system is installed. 2.04 MULCH A. Eucalyptus mulch, Grade A, shredded, loose, substantially free of mineral waste materials. and sterilized. B. Processed specifically for use as mulch around plant beds. 2.05 GUYING AND STAKING MATERIAL A. Stakes for Palm tree support: 1. Construction grade lumber, pressure treated pine. 2. Vertical Stakes: Nominal 2" x 4" x 8' long pressure treated pine and pointed at one end. GC- CA -J -53 3. Braces for Palm Trees: Nominal 2" x 4" x 8'long pressure treated pine. 4. See detail sheets for staking requirements for palms. B. Guying Wires: Annealed, galvanized iron or galvanized steel 10 gauge wire. Wire shall be flagged with white surveyor tape minimum 2 per guy wire, (one flag near ground level, and one flag near the middle of the length of wire, above turnbuckle, if used), or approved equal. C. Hose 1. Type: New 1/2" diameter 2 -ply reinforced black rubber or plastic hose. 2. Minimum length: 6 inches. D. Turnbuckles 1. Turnbuckles are required. Landscape Contractor shall be responsible for keeping taut all guyed plant material, and for keeping flagging in place. One turnbuckle per guy wire is required. 2. Guying to be tightened as needed, but always within one day of when found necessary. 2.06 SLOPE STABILIZATION A. Landscape contractor shall be responsible to stabilize grades by approved methods where necessary. B. Contractor shall stabilize all sloped areas grater than 2.5 to 1 and areas found to be required to reduce surface erosion by the Owner's Representative with erosion control fabric. Contractor shall install erosion control fabric according to the manufacturer's instructions. 2_07 SOIL SEPERATOR A. Soil separator material or drainage cloth shall be used where specified within the plans or details. B. The soil separator in landscape shall consist of a sheet of structure composed entirely of preferentially oriented isotactic polypropylene continuous filaments thermally bounded mostly at the crossover points and weighing 4.0 + 0.3 oz. /yd. 1. "Typar" style 3341, by Dupont or approved equal. Available through Reemay, Inc. (Phone 1- 800 - 321 - 6271), and sold through Exxon, Inc. (Phone 1- 800 - 543 - 9966). 2. Technical Date GC- CA -J -54 Weight 4.0 oz. /yd. ASTM D1910 -64 (1975) Thickness 15 mils ASTM D1777 -64 (1975) Grab Tensile 135 lbs. ASTM D1682 -64 (1975) Elongation to Bcab 62% ASTM D1682 -64 (1976) Trapezoidal Tear 74 lbs. ASTM D2263 -68 Puncture Strength 50 lbs. ASTM D751 -73 Mullen Burst 200 psi ASTM D774 -46 Abrasion resistance 42 lbs. ASTM D1175 -71 Specific Gravity .95 Equivalent Opening 70 to 100 U.S. Corps of Eng. ASTM size (EOS) std. Sieve D422 -63 (1972) Flux 230 gal. /ft/min. EURM -100 Coefficient of H O 2x10 cm /sec. EURM -100 3. Soil separator installation a. Roll, size and overlap as required as indicated, and complete installation as per manufacturers' standard printed specifications, inspections and recommendations. b. Contractor shall be responsible for securing top edges of soil separator by an approved method. 2.08 DRAINAGE GRAVEL A. Gravel shall be River gravel and shall be of graduated sizes. B. River gravel shall be no smaller than three quarter inch (3/4 "), nor larger than one and one half (1 '/2 ") in any direction. C. Gravel shall be installed as shown on drawings, or to a minimum of 4" depth. D. Gravel shall be washed clean and contain no chemical elements harmful to plant growth. E. Drainage gravel shall be provided and installed in the bottom of tree /palm planting pits where percolation may not be adequate (see Part 3.03 "Preparation" within this section). PART 3 — EXECUTION 3.01 INSPECTION A. Verify that final grades and drainage have been established prior to the beginning of the planting operation. GC- CA -J -55 B. Inspect trees, shrubs, and ground cover plants for injury, insect infestation, and trees and shrubs for improper pruning. C. Do not begin planting of trees until deficiencies are corrected, or plants replaced. 3.02 LOCATION /STAKING A. Stake out locations for plants and outline of planting beds on ground. B. Do not begin excavation until stake out of plant locations and plant beds are acceptable to the Landscape Architect. C. The location of all plant materials shall be field staked prior to installation for Landscape Architect's approval. 3.03 PREPARATION A. Plant Pits 1. Shape a. Vertical sides and flat bottom. Tree /palm pits shall have mounded bottoms to improve drainage as detailed. b. Plant pits to be square or circular. 2. Size a. Trees and Palms (1) Depth: Minimum 2 ft. from finish grade and increased as necessary to accommodate planting ball or drainage. (2) Width or diameter: 2 ft. greater than diameter of planting ball (unless otherwise approved by Landscape Architect for special planting areas). b. For Shrubs and Groundcovers (1) Depth: (a) 2 and 3- gallon plant material shall receive a minimum of 2" of planting soil mixture beneath the root ball. (b) Plant materials sized 1 gallon or less, and /or materials planted 24" O.C. or less shall receive a full 8" of amended planting soil mix tilled to a minimum depth of 12 "_ Note: All annual beds shall receive a full 8" of amended planting soil mix. Excess excavated soil may be evenly spread on site at the direction of the Owner's Representative. (c) For plants not requiring soil mix, the entire bed shall be tilled by mechanical means to a depth of 12 ". (2) Width or Diameter GC- CA -J -56 (a) All 2 or 3- gallon material shall be placed within a minimum 18 "dia. planting hole, and backfilled with the specified planting mix. (b) All plant material sized 1 gallon or less, or material planted 24" O.C. or less shall receive complete bed amending,. That isexcavation of existing soil to a minimum of 8 inches (Note: 8" for all annual beds) below finished soil elevation, backfilling with specified planting soil mix, and then tilling with all required amendments to a depth of not less than 12 inches. All areas to be amended in such a manner shall be highlighted on contractor's record drawings. Excess excavated soil may be evenly spread on site at the direction of the Owner's Representative (3) Bring all beds and pits to smooth, even surface conforming to established grades after full settlement has occurred. NOTE: Amending of, and quantities of planting soil mixes as outlined above contingent with existing soil conditions. B. Disposal of Excess Soil: 1. Use acceptable excess excavated topsoil to form watering berms around the plants. 2. Dispose of additional excess soil at direction of Owner's Representative. 3. Dispose of unacceptable or unused excess soil in designated staging area as directed by the Owner's Representative. 4. All spoilage shall be deposited, spread and fine graded to a maximum 2" layer as directed by the Owner's Representative. C. Planting Beds: 1. For planting beds backfill with 8" of specified and amended planting soil mixture to meet required finished grade. 2. Bring all beds to smooth, even surface conforming to established grades after full settlement has occurred. D. Test fill all tree pits with water before planting to assure that proper drainage and percolation is available. Pits which are not adequately draining shall be excavated to a depth sufficient for additional drainage and backfilling with gravel. No allowances will be made for lost plants due to improper drainage. Landscape Contractor shall replace with same species size and specification at no cost to Owner. 3.04 PLANTING A. General 1. Center plant in pit. GC- CA -J -57 2. Face for best effect, or as directed by Landscape Architect. 3. Set plant plumb and hold rigidly in position until soil has been tamped firmly around planting ball. 4. Use only planting soil backfill as specified in Section V. 5. Place sufficient planting soil under plant to bring top of planting ball to finish grade (top of tree /palm root balls shall not be set below finished grade). 6. Backfill pit or trench with planting soil in 9 -inch layers. Water each layer thoroughly to settle soil and work soil completely around roots and planting ball. 7. After soil settles, fill pit with planting soil and water. Leave pit surface even with finish grade. 8. Plant all shrubs and ground covers per specifications and details and maintain a 36" offset from back of curb, walks, and /or paving. 9. Topsoil berm: a. Construct a topsoil berm 6 inches above finish grade, forming a watering saucer with a level bottom around each palm or tree. b. Size: 2 feet greater diameter than the diameter of root ball. Maintain 4 foot diameter mulch circle or to the outside of the water saucer around all trees in sod areas. C. Leave saucer for 3 months, or as directed by Owner's Representative. At the end of 90 -day warranty maintenance period, re -grade area and re -mulch planting circle (or planting bed) for all plantings. Remove excess from basin and clean area. Replace any damaged plant material or sod at no cost to Owner. B. Balled plants (B &B) 1. Place in pit on planting soil backfill material /drainage gravel that has been hand - tamped prior to placing plant. 2. Place with burlap intact, so location of ground line at top of ball is same as at nursery where grown. 3. Remove binding at top Yz of planting ball and lay top of burlap back 6 inches. For wire balled trees, remove wire from the top 1/3 of the ball (12" minimum) after the tree has been stabilized by partially backfilling the planting pit. 4. Do not pull wrapping from under the planting ball. 5. Do not plant if planting ball is cracked, broken, or showing evidence of voids before or during planting process. Replace with plant of same species, size, and specification at no cost to Owner. C. Container -grown plants GC- CA -J -58 1. Container removal a. Do not injure planting ball. b. Do not cut cans with spade or ax. C. Do not cut sides on knockout cans. d. Carefully remove plants without injury or damage to planting ball. e After removing plant, superficially cut edge roots with knife on three sides. Note: Root -bound plants shall not be accepted. 2. Dig and prepare planting beds according to drawings and as specified herein. 3. Hand place plants which are in containers less than one gallon in size. 4. Hand backfill and hand tamp, leaving slight depression around bases of plants. 5. Do not cover top of root ball set plants '/2 inch above adjacent finished grade. 6. Thoroughly each plant for settlement and replace required planting soil. 3.05 FERTILIZER APPLICATIONS A. Apply granular fertilizer at time of planting and repeat three months from first application. Schedule time of fertilization with Owner or Landscape Architect to verify compliance of fertilization of plant materials. B. Apply granular fertilizer at following rates to planting bed and saucer areas around each tree, palm and shrub. 1. Trees: a. Caliper 4 inch and larger: 1 pounds per inch of caliper (i.e. 4" caliper equals 4 lbs. of fertilizer). b. Caliper 4 inch and less: 1 pounds per inch of caliper (i.e. 2" caliper equals 2 lbs. of fertilizer. 2. Shrubs: 7 gallon or greater 1 lb. per 3' ht. of plant 5 gallon to 3-gallon 1/2 lb per plant 1 gallon or less /4 Ib. per plant 3. Ground Cover Plants: 1 gallon or less % lb. per plant 4. Palms: 1 pound per inch of caliper. C. Broadcast under foliage canopy and incorporate into soil. D. Water immediately until root structure of plant is wet. Assure protection from fertilizer burn. E. Apply foliage nutrient spray to all Palm species at time of planting and repeat three (3) months from first application. Do not apply foliage sprays GC- CA -J -59 in summer months (i.e. June through August). Schedule fertilization with Landscape Architect. Drench palm leaves with foliage nutrient spray at the manufacturer's recommended rate to all palm species. F. Trees, Palms, Shrubs and Ground Covers shall also be fertilized with 21 gram Agriform tables per manufacturer's application rates. 3.06 WEED AND INSECT CONTROL A. Seven days prior to planting apply post- emergent herbicide, "Roundup" or equal as manufactured by Monsanto Corp. or approved equal, per manufacturer's rate and method of application to all landscape bed areas as necessary. B. Provide viable application of pre- emergent herbicide "Surflan" in accordance with manufacturers recommendations before mulching, and again as necessary throughout required maintenance period to prevent weed seed germination. 1. Contractor shall schedule application with Owner or Owner's Representative to verify compliance with specifications. C. The Landscape Contractor shall verify that the herbicide and application technique will not damage plant material prior to application, and shall replace, and /or repair damage to any plant injured by herbicide application at no cost to the Owner. D. Provide written certification that all plant materials including palms have been specifically treated for insect control. 3.07 MULCHING A. Top mulch planting pits, trenches, and areas within two days after planting. B. Cover watering basin or bed evenly with 4 inches uncompacted depth of mulch material. C. Water thoroughly immediately after mulching. D. Match mulch elevation at plant bed /sod line. E. Hose down planting area with fine spray to wash leaves of plants twice a week, or as required. F. Exclude mulch from annual beds. GC- CA -J -60 3.08 GUYING AND STAKING OF TREES A. Guy trees as shown on the drawings, except where they are planted in special locations where guying is not feasible. 1. Stake installation a. Install stakes perpendicularly, 2 feet into ground at edge of root ball. Do not install stake through soil separator or drainage gravel if present. Do not install stakes through root ball. Install stakes or guying within the tree or palm mulch area. b. Number of stakes as shown. B. Stake palm trees as shown. Contractor shall not deepen the burial of any palms for stabilization in lieu of staking. The clear trunk height shall be required as specified on plans after installation. The Contractor shall be responsible for and guarantee the installation against toppling, and be responsible for any and all damage incurred by toppling over of palms. C. Contractor shall leave all guying and staking in place and maintain in good repair. Ensure no guys or stakes occur in grassed areas. 3.09 PRUNING A. Prune minimum necessary to remove injured twigs and branches, deadwood, and suckers. Pruning shall be done with regard to natural form of plant material, or as directed by the Landscape Architect. 1. Prune trees and shrubs prior to delivery to site only under direction of Landscape Architect. (Note: Pruning is required for collected palms and trees per "Grades and Standards for Nursery Plants Part II, Palms and Trees, latest volumes. B. Pruning cuts shall be monitored to ensure proper healing and to prevent insect/disease infestation. C. Landscape Contractor shall perform all specialized shearing and /or pruning as directed by the Landscape Architect, as shown on the drawings, at no additional cost to the Owner. 3.10 MAINTENANCE A. Begin daily maintenance immediately after each item is planted. Continue until the final completion. The Owner's responsibility for landscape GC- CA -J -61 maintenance shall commence on the date each designated portion of the project is turned over to the Owner by acceptance. B. Maintain a healthy growing condition by pruning, watering, cultivating, weeding, mowing, mulching, tightening and repairing of guys, resetting plants to proper grades or upright position, restoration of plant saucer, and furnishing and applying such sprays as necessary to keep planting free of insects and diseases. C. The root system of plants shall be watered by the Contractor as often as conditions require at such intervals as will keep the surrounding soil in best condition for promotion of root growth and plant life. Supplemental hand watering, above the irrigation system watering, is the responsibility of the Contractor until all plant materials are well established. D. Keep planting saucers and beds free of weeds, grass, and other undesired vegetation growth. All areas must be 98% weed free upon final acceptance by Owner. E. Protect planting areas and plants against trespassing and damage of any kind for the duration of the maintenance period. F. Inspect plants at least once a week and perform maintenance promptly. Replace impaired or dead plants promptly. Do not wait until near the end of the guarantee period to make replacements of plants, which have become unacceptable. G. Remove soil ridges from around watering basins as directed by the Landscape Architect/Owner's Representative. H. Water when soil moisture is below optimum level for best plant growth. Coordinate and adjust timing of irrigation system with irrigation contractor as plant materials establish. Contractor shall note that the irrigation system is not designed to accommodate establishment of trees and palms. It is the Contractor's responsibility to provide additional water as may be required above what is supplied by the irrigation system until all trees and palms are well established. I. Contractor shall be responsible to protect all cold sensitive approved plant materials stored or planted on -site by approved methods from cold or freeze damage as may be required. Contractor shall use approved horticultural practices typical for the South Florida area, and shall submit intended methods, schedules and plans of protection with required submittals for review and approval. In the event the Owner or Landscape Architect verifies that the materials protected by the Contractor are damaged during a cold period or freeze, the damaged materials shall be GC- CA -J -62 replaced (or not) by the Owner, or at additional cost to the Owner. The Contractor shall use reasonable measures to protect all cold sensitive plant materials. 3.11 CLEANING A. Fill all pits /depressions in holding area, and rough grade to meet surrounding elevations. Remove any organic or other debris resulting from the plant relocation process. B. Sweep and wash all paved surfaces. C. Remove planting debris from project site and holding area. D. Remove soil conditioners, soil mixes, gravel, etc. from project site and holding area. 3.12 SUBSTANTIAL COMPLETION, OBSERVATION AND ACCEPTANCE A. Observation of the entire project, or designated portions thereof, shall be made upon written request of the Contractor. At that time, if all work is satisfactory and complete according to the conditions of the Contract, the Landscape Architect shall declare the work substantially complete. B. Contractor's written request for review of the complete work shall be received by the Landscape Architect at least five (5) days before anticipated date of observation. C. Plants that have died or are in unhealthy or badly impaired condition on observation shall be treated or replaced immediately at no additional cost to Owner. D. Replace rejected plants within two (2) weeks of observation or as indicated in the project time line schedule. E. Final completion acceptance of the work for the entire project, or designated portions thereof, shall constitute the beginning of guarantee period. F. Contractor's responsibility for maintenance (exclusive of replacement within guarantee period) shall be in according to the conditions of the contract. Substantial completion will be given by the Landscape Architect and the Owner's Representative, provided the Contractor has supplied the Landscape Architect with three (3) copies of written maintenance instructions as required under Paragraph 1.06 of this section. A complete maintenance manual shall contain information in sections of the following: GC- CA -J -63 1. Weed Control a. Shrub areas b. Turf 2. Pestlinsect Control a. Trees b. Palm C. Shrubs d. Turf 3. Fertilization a. Schedules b. Trees C. Palms d. Shrubs e. Products /amounts or application rates f. Soil Testing g. Turf 4. Mulchinq Requirements 5. Trees, palms, and Shrubs a. Pruning/Trimming b. Watering Requirements C. Soil Testing d. Specifics for each type specified END OF SECTION VII SODDING PART 1 — GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Landscape Beautification Master Plan, R.O.W. Ordinance C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. GC- CA -J -64 G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the sodding work, as indicated on the drawings, as specified herein, or both, including the replacement of any sod damaged from and adjacent to construction work, with sod of identical genus, species, and variety. B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project. Submit plans to the roadway agencies having jurisdiction for approval, prior to beginning work, using the latest MUTCD, F.D.O.T. Roadway and Traffic Design Standards, and the F.D.O.T. Florida Pedestrian Safety Plan. 1.03 RELATED WORK A. Section I Traffic Control Plan / F.D.O.T. Indexes B. Section IV Grading C. Section V Planting Soil Preparation D. Section VI Irrigation E. Section VII Plant Material and Installation 1.04 QUALITY ASSURANCE A. Standards 1. Florida Turf Producers Standard Grade. 2. Federal Specifications Commercial. Association, all sod shall be Florida (FS) 0- F -241c (1), Fertilizers, Mixes, B. Testing Agency: Independent Testing Laboratory. C. Requirements of Regulatory Agencies: Conform to the requirements of the State Department of Agriculture. 1.05 SUBMITTALS A. Certificates and Guarantee 1. Growers Certification and Guarantee GC- CA -J -65 a. All sod shall be Florida Standard Grade sod as defined by the "Florida Turf Producers Association" which is true to botanical variety and 98% free of weeds and foreign grasses. b. Florida Standard Grade may have no visible broadleaf weeds when viewed from a standing position, and the turf shall be visibly consistent with no obvious patches of foreign grasses. In no case may the total amount of foreign grasses or weeds exceed 2% of the total canopy. The sod shall be neatly mowed and be mature enough that when grasped at one end, it can be picked up and handled without damage. C. Grass species and variety, with date and location of field from which sod is cut. d. One certificate per truckload is required. e. Compliance with state and federal quarantine restrictions, if applicable. 2. Manufacturer's certification of fertilizer and herbicide composition. 3. Contractor shall submit all certifications, reports, etc., to the Landscape Architect a minimum of one week prior to installation. B. Maintenance Instruction: Prior to the end of the maintenance period; furnish three copies of written maintenance instructions to the Owner's Representative and Landscape Architect for maintenance and care of all sodding throughout the full growing season. 1.06 DELIVERY, STORAGE AND HANDLING A. Deliver sod on pallets. B. Protect root system from exposure to wind or sun., C. Protect sod against dehydration, contamination, and heating during transportation and delivery. D. Do not deliver more sod than can be installed within 24 hours. E. Keep stored sod moist and under shade, or covered with moistened burlap. F. Do not pile sod more than 2 feet deep. G. Do not tear, stretch, or drop sod. 1.07 JOB CONDITIONS A. Begin installation of sod after preceding related work is accepted. GC- CA -J -66 B. Environmental Requirements: 1. Install sod during months acceptable to the Landscape Architect or Owner's Representative. 2. Do not install sod on saturated soil. C. Protection: Erect signs and barriers against vehicular traffic. 1.08 GUARANTEE A. Guarantee sod for period of twelve (12) months after date of Final Completion. B. Replacement sod under this guarantee shall be guaranteed for twelve (12) months from the date of installation. C. Repair damage to other plants during sod replacement at no cost to the Owner. PART 2 — PRODUCTS 2.01 SOD A. Grass Species 1. Stenotaphrum secundatum "Floratam ", St. Augustine "Floratam" Grass — 50% sand grown. 2. American Sod Producers Association (ASPA) Grade: Nursery Grown or Approved. Field grown sod is not acceptable. 3. Florida Turf Producers Association: Florida Standard Grade 4. Bahia Sod, Paspalum notatum may be used in temporary, non - irrigated construction areas and along rights -of -way grass strips. B. All St. Augustine sod shall conform to the following requirements: 1. Furnish in pads that are not stretched, broken, or torn. 2. Size: Sod pads shall be 18x24 inches in size (plus or minus 5 %) with a 1 '/2 inch thickness (excluding top growth and thatch). 3. Sod shall be uniformly 2" in height. 4. Thatch: Maximum 1/2 inch uncompressed. 5. Inspected and found free of diseases, nematodes, pests, fire ants, and pest larvae by entomologist of State Department of Agriculture. 6. Weeds: Free of horse grass, nut grass, or other objectionable weeds or weed seeds. 7. Uniform in color, leaf texture, and density. GC- CA -J -67 2.02 WATER A. Potable water free of substances harmful to plant growth, objectionable odor, or staining agents. 2.03 FERTILIZER A. FS 0- F -241c (1), Grade A or B. B. The Chemical designation for granular fertilizer shall be 15 -5 -15, with at least 50 percent (50 %) of the nitrogen from a non -water soluble organic source for all plantings. C. Apply and distribute by methods and rates as recommended by manufacturer. 2.04 HERBICIDES A. As recommended by the State Department of Agriculture. 2.05 STAKES A. Softwood,'/ inch diameter, 8 inch length as required. PART 3 — EXECUTION 3.01 INSPECTION A. Disk, till, and /or scarify existing soil to depth of four inches (4 ") in all areas to be sodded, to produce a loose, friable soil conducive to exceptional sod growth. B. Water dry soil to depth of 6 inches, 48 hours before sodding. 3.02 INSTALLATION A. Transplant sod within 48 hours after harvesting. B. Repair all existing lawn areas disturbed by installation of irrigation and /or plantings which will not be sodded with new sod. C. Begin sodding at bottom of slopes. D. Lay first row of sod in straight line with long dimension of pads parallel to slope contours. GC- CA -J -68 E. Butt side and end joints. Ensure that joints are tight, thereby eliminating the need to patch and /or top dress to eliminate gaps. Top dress all joints with sand only where gaps occur and can not be set with tight butt joints. F. Stagger end joints in adjacent rows. G. Do not stretch or overlap rows. H. Peg sod on slopes greater than 1 in 3 with minimum of two stakes per square yard. Water sod immediately after transplanting. (See 3.03) J. Roll sod, except on pegged areas, with roller weighing no more than 150 lbs. per foot of roller width. Schedule rolling of sod to ensure observation by Owner and /or Landscape Architect. K. Water sod and soil to depth of 6 inches within four hours after rolling. 3.03 TURF ESTABLISHMENT A. Watering 1. Keep sod moist during first week after planting watering twice daily. 2. After first week, supplement rainfall to produce a total of 2 inches per week. 3. It is the contractors' responsibility to water all turf areas. B. Mowing 1. Maintain St. Augustine grass as required until final acceptance between 3 inches and 3.5 inches in height. When grass reaches 4 inches in height, mow to 3 inches in height. 2. Do not cut off more than 50% of grass leaf in single mowing. 3. Mow with mulching type mowers. C. Resod spots larger than 1/2 square foot not having uniform stand of grass. D. Weed Eradication: If required between second and third mowing, apply herbicide specifically recommended for grass type uniformly at manufacturer's recommended rate. GC- CA -J -69 E. Fertilizer: Apply fertilizer uniformly at manufacturer's recommended rate 14 days after sodding and at three -month intervals thereafter. Thoroughly water in to avoid "burning" or damaging grass. F. The contractor shall maintain the sod areas for 90 days after installation, and prior to final completion, insuring the watering for lawn establishment and the mowing procedures as noted above are maintained during this period. Establishment period and maintenance of sod areas shall extend until final acceptance by the Owner according to the conditions of the Contract. 3.04 CLEANING A. Immediately clean spills from paved and finished surface areas. B. Remove debris and excess materials from project site. C. Dispose of protective barricades and warning signs at termination of turf establishment. 3.05 SUBSTANTIAL COMPLETION, INSPECTION AND ACCEPTANCE A. Inspection of the entire project, or designated portion thereof, shall be made upon written request of Contractor. At that time, if all work is satisfactory and complete according to the conditions of the Contract, the Landscape Architect shall declare the work substantially complete. B. Contractor's written request for review of the complete work shall be received by Landscape Architect at least five (5) days before anticipated date of inspection. C. Sod that has died, or is in unhealthy or badly impaired condition on inspection, shall be treated or replaced within 14 days at no additional cost to Owner. D. Replace or repair rejected sod within two weeks of inspection. E. Final completion of the work for the entire project, or designated portions thereof, shall constitute the beginning of guarantee period. F. Contractor's responsibility for maintenance (exclusive of replacement within guarantee period) shall terminate on date the entire project, or designated portion thereof, is declared to be substantially complete by the Landscape Architect according to the conditions of the Contract; provided Contractor has supplied Landscape Architect with three (3) copies of written maintenance instructions as required under Paragraph 1.05 of this section. GC- CA -J -70 END OF SECTION VIII SECTION IX MAINTENANCE DURING CONSTRUCTION PART1 GENERAL These specifications are intended to provide the information by which the contractor may understand the minimum requirements of Collier County relative furnishing and delivering Grounds Maintenance for the road rights -of -way and medians within the project areas. 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, latest edition, Index 600 Series. C. Project Reference: D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. 1.02 GENERAL NOTES A. Lane closure will not be permitted on holidays defined in the Current Edition of F.D.O.T. "Standard Specifications for Road and Bridge Construction ". B. The contractor shall maintain two -lane operation after working hours. All hazards will be removed as per applicable F.D.O.T. Indexes No. 600 - 660 before daily operations are complete. C. On -site work hours will be restricted to daylight hours and lane closures are restricted between the hours of 9:30 a.m. and 3:30 p.m. weekdays. D. This plan is a guide for the contractor. Coordination with the Naples F.D.O.T. District Maintenance Engineer is required. E. Emergency and unforeseen conditions may require the District Engineer to restrict or remove lane closures. The contractor shall make the requested adjustments, as directed by the District Engineer without delay. 1.02 RELATED DOCUMENTS GC- CA -J -71 A. Construction Contract Milestone Schedule B. Section I Traffic Control Plan / F.D.O.T. Indexes C. Section VI Irrigation D. Section VII Plant Material and Installation E. Section VIII Sodding 2.0 SCOPE OF WORK The work covered by this Contract requires a weekly servicing of the Work Areas per all specifications and services as described in the specifications. This requires the furnishing of all labor, equipment, materials and services necessary to satisfactorily perform grounds maintenance, as determined by the Contract Documents, Project Manager or the designated Owner's Representative as follows: 2.01 LOCATION AND DESCRIPTION OF WORK AREAS The areas of work included in these specifications are located as described below. The rights -of -way and median work areas of the said project. 3.0 CONTRACT STANDARDS The following are general contract standards required by Collier County for providing Grounds Maintenance during construction. 3.01 TRAFFIC CONTROL At all times while performing work required by this Contract, the Contractor shall provide and erect Traffic Control Devices and use procedures conforming with the "F.D O.T Roadway and Traffic Design Standards" Current Edition and to other applicable Manuals or Indexes. The Contractor will be responsible for obtaining a copy of this document and become familiar with its requirements. Strict adherence to the requirements of this document will be enforced under this Contract. To assist in employee visibility; approved bright day -glow red /orange colored safety vests shall be worn by employees when servicing the area. An arrow board will be required under this Contract that meets F.D.O.T. traffic control requirements. Lane closure for median maintenance shall be limited. Upon proper placement of lane closed signs, pre- warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic only during non -peak traffic periods 9:30 A.M. - 3:30 P.M., Monday through Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the Project Manager or his designee. (Hereinafter whenever the "Project Manager" is referenced in this bid document, it shall include by reference "or his designee "). GC- CA -J -72 3.02. CONTRACTOR'S EMPLOYEES Employees of the Contractor shall be properly uniformed and provide a neat appearance. All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor under his sole direction and not an employee or agent of Collier County. The Contractor shall supply competent and physically capable employees and Collier County requires the Contractor to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued contract site services involvement is not in the best interest of the County. 3.03 ACCIDENTS OR THEFTS The Contractor shall be responsible each week to contact the Project Manager to report any accidents or thefts involving or occurring within the areas covered by this Contract. Should assistance of law enforcement, emergency personnel or others be requested, any costs incurred shall be included in the Contract unless otherwise approved by the Project Manager. 3.04 RESPONSE TIMES On a twenty -four (24) hour basis, the Contractor may be required to travel to the site immediately to meet with the Contract Manager, law enforcement or emergency personnel to resolve an emergency. The Contractor shall respond to a telephone, beeper, or radio call within one (1) hour. There shall be no additional charge for these responses. 3.06 GENERAL MAINTENANCE REPORTING The Contractor shall report maintenance work and observations as part of the weekly Contractor's Meeting Report. The Contractor will also be required to conduct on -site observations with the Project Manager or Owner's Representative on a weekly basis to verify satisfactory completion of Contract requirements. 4.0 BASIC MAINTENANCE FUNCTIONS A. MOWING AND EDGING Mowing and edging shall only include the medians that contain turf or any immediate turf areas surrounding or within a work area that is tied up for more than seven (7) days, along the rights -of -way involved in the contracted work . All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged GC- CA -J -73 clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches (3 '' /i "). The frequency of cutting will be weekly. The number of mowings may be modified by the Contract Manager or by seasonal weather conditions at the Contract Manager's discretion. The Contractor shall use or alternate mowing practices, patterns or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the period of this Contract shall be mowed with twenty -one inch (21" + / -) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self - propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and /or gutters including a four foot (4) area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right -of -way areas. B. IRRIGATION SYSTEMS The sprinkler systems shall be checked and repaired as necessary. Quick coupling valves shall be reviewed weekly and operated to insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, and valves to insure proper coverage, review of filters and backflow preventers, replacement of heads and nozzles, installation or replacement of risers, repair of minor breaks or restricted sprinkler lines, replacement of damaged valve boxes /lids and adjustment of controllers and rain shutoff switches for settings and operation. Labor costs for these services shall be included in the Contract Proposal. Faulty or non - accident related materials or parts required for repairs shall be under warranty and at no additional charge. Major accident damage repairs to the sprinkler system including repair of valves, mainlines, time - clocks, damage by vehicles or electrical wiring problems not caused by the Contractor or their sub - Contractors will be considered as additional expenses to the Contract. These additional expenses shall be charged as a time and material billing. All additional expenses must be approved by the Project Manager prior to proceeding with the wo rk. GC- CA -J -74 MISCELLANEOUS IRRIGATION MAINTENANCE RESPONSIBILITIES 1. Should the temperature be forecast to be below thirty -four (34) degrees, the Contractor shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Contractor's responsibility to notify the Project Manager of any irrigation problems or additional irrigation maintenance needs. 3. The Contractor shall maintain on -site, where required, the County supplied reclaimed water irrigation signage. Cost to install replacement signs shall be considered additional services and be billed on a time and material basis. 4. Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed upon by the Contractor and the Project Manager prior to performing additional services. The irrigation service personnel shall have on -site two -way hand -held communications during all services and /or inspections. C. WEEDING Weeding of plant beds, sidewalks, guardrail bases, tree grates, curb and paving joints and other mulched areas by chemical and /or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. D. GENERAL SITE PRUNING All pruning shall be minimal and performed on an as needed basis. Pruning shall only be performed to encourage growth, remove dead or diseased foliage, or to maintain sight window requirements per the F.D.O.T. Indexes E. TRASH REMOVAL With each service, all site work areas shall be cleaned by removing all trash or debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick -up shall be performed prior to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping or charges are to be included in the Contract Proposal Price. F. STREET CLEANING Street Cleaning A four -foot (4) wide area measured from the face of the curb and gutters including turn lanes and medians shall be cleaned with each site service to remove any GC- CA -J -75 accumulation of debris or objectionable growth to maintain a neat and safe condition. G. MISCELLANEOUS MAINTENANCE RESPONSIBILITIES If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor, Contractor's employees or a Subcontractor as determined by the Project Manager, they shall be replaced at the Contractor's expense under the warranty. 2. The Contractor shall provide ramps or other devices to gain access over the curb to all medians. The curb or turf areas shall not be damaged due to gaining access or they will be replaced at the Contractor's expense. 3. It shall be the Contractor's responsibility to notify the Project Manager of any maintenance problems or additional maintenance needs. 4. Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed to by the Contractor and Project Manager prior to performing additional services. 5. The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for disease or insect infestation during each week's service to the site. The Contractor shall immediately notify the Project Manager should a disease or infestation be found and begin appropriate treatment per the Contract requirements. 6. The Contractor shall have radio, cellular phone and /or beeper equipment for on -site and off -site communication in order to communicate with the Project Manager. SECTION III. SITE SPECIFIC MAINTENANCE FUNCTIONS A. CANOPY TREE AND PALM PRUNING All pruning shall be minimal and performed on an as needed basis. Pruning shall only be performed to encourage growth, remove dead or diseased foliage, or to maintain sight window requirements per the F.D.O.T. Indexes. B. FERTILIZATION The following fertilization schedule is provided as a monthly guideline for the fertilization of the plant materials during the contract until project completion. The Contractor is responsible for providing fertilization of the newly installed plant materials until project completion. The Project Manager reserves the right to change GC- CA -J -76 the fertilization schedule and formulation as needed to meet special turf or plant needs or other unforeseen conditions which may develop. Prior to fertilization application, notification to the Project Manager is required to allow for inspection of all bags. Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve -inch (12 ") radius ring around the base of the plants. Trees and palms shall be fertilized by hand in a thirty -six inch (36 ") radius ring around the base. An 8 oz. cup equals one (1) pound. Trees and palms shall receive one (1) cup per one -inch (1 ") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3') of height or spread. Shrubs and groundcover shall receive one -half (' /z) cup per eighteen inches (18 ") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. St. Augustine "Floratam" Grass Granular fertilization of St. Augustine "Floratam" grass shall be applied by rotary spreader at the recommended rates seven (7) times per year as set forth in the following schedule. Months Formulation December 21 -0 -0 February 15 -5 -15 (SR) April 0 -0 22 So -Po -Mg May 15 -5 -15 (SR) July 13 -3 -13 (SR) September 0 -0 22 So -Po -Mg October 15 -5 -15 (SR) Shrubs Groundcovers. Palms and Trees Application Rates 4.5 lbs. / 1,000 sq. ft. 6.5 lbs. / 1,000 sq. ft. 10.0 lbs. / 1,000 sq. ft. 6.5 lbs. / 1,000 sq. ft. 7.0 lbs. - 1,000 sq. ft. 10.0 lbs. / 1,000 sq. ft. 6.5 lbs. / 1,000 sq. ft. Trees with tree grates shall have the fertilizer applied along the house side of the tree grate and poured into the tree grate slot openings. Months October February April May July September Formulation Application Rates 9 -11 -11 9 -11 -11 0 -0 22 So -Po -Mg 9 -11 -11 9 -11 -11 0 -0 22 So -Po -Mg GC- CA -J -77 12.5 lbs. / 1,000 sq. ft. 12.5 lbs. / 1,000 sq. ft. 10.0 lbs. / 1,000 sq. ft. 12.5 lbs. / 1,000 sq. ft. 12.5 lbs. - 1,000 sq. ft. 10.0 lbs. / 1,000 sq. ft. Applications of Sequestrene Iron at a mixture of 1.25 tablespoons per gallon should be applied during the months of March, June, September and December. The application is to be a drench, at the root zone of any plants subject to iron deficiencies as determined by the Project Manager. Applications of 20 -20 -20 at ten (10) pounds of materials per one hundred (100) gallons of water with Ferrmec AC 13 -0 -0 plus 6% iron at 1/3 gallon of material per one hundred (100) gallons of water. C. ORNAMENTAL AND TURF SPRAYING Overall Ornamental & Turf Spraying of plants, shrubs and grassed areas is included in the Contract. 1. It is required that the Pest Control Firm performing these services shall possess and provide the following to the Contract Manager: a. Valid State of Florida Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Bachelor degree in Ornamental Horticulture and /or Entomology or the equivalent practical experience approved by the Owner. c. Current Contractor's Occupational License for Pest Control Service. 2. The Pest Control Firm shall provide an overall written pest and spray program that shall incorporate ant and rodent control and shall meet or exceed the following minimum standards: a. Describe procedures, methods and techniques that will enhance the environment. b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. List of all chemicals to be used. 3. The Pest Control Firm shall make on -site inspections and provide written reports to the Contract Manager once per month. 4. Methods of Application: One hundred percent (100 %) coverage and penetration shall be provided. Insecticides and Fungicides shall be applied at the proper pressure to provide maximum coverage. Chinch bug treatments shall be applied at a minimum rate of ten (10) gallons of spray mix per 1000 square feet of treatment area. GC- CA -J -78 a. Insecticides should be alternated from organophosphates to pryrethroids like to prevent an insect immunity to the application. b. Herbicides used in turf areas shall be applied at the proper pressure. c. Herbicides shall not be applied when the temperature exceeds eighty -five (85) degrees. d. Spreader sticker (Nu -Film 17 or equal) shall be incorporated in all spraying of Groundcovers, Shrubs, Trees, Palms, and Turf Areas when recommended by the label. e. Spray applications shall be applied during times of "No- Wind" conditions. f. No trucks or tractors with bar type tires or a gross weight greater than three thousand (3000) pounds will be allowed within or on the median areas. g. At time of application, provide and place, traffic control meeting Florida Department of Transportation M U T C D and Indexes h. All spray application shall contain a wetting agent within the mix when recommended by the label or Project Manager. 5. Rate of Application: All chemicals shall be applied at the rates recommended on the manufacture's labels. 6. Materials List: All insecticide, fungicide and herbicide chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Contract Manager for review and approval. 7. Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the on -site inspection reports. a. Turf Areas: Insecticides & Fungicides - Applications on an as needed basis. Herbicides - Applications, to include Pre - emergent in February and September, Post - emergent in November, January and March or on an as needed basis until project completion. GC- CA -J -79 b. Groundcovers, Shrubs and Trees: Insecticides & Fungicides - Applications on an as needed basis. c. Bed Areas: Herbicides - Applications, Pre - emergent in February and September, Post - emergent in November, January and March or on an as needed basis. 8. Additional Requirements: When it becomes necessary for the Contractor to return for additional spraying as directed by the Contract Manager due to non - performance of a required application, such additional spraying shall be performed at no cost to the Owner. D. MULCHING Organic Mulch Mulch shall be maintained to the plan specified coverage and depths. Non - Organic Mulch Mulch shall be maintained to the plan specific coverage and depth. F. IRRIGATION SYSTEMS This site may have both subsurface irrigation and conventional pop -up sprinkler systems. Subsurface Irrigation System 1. A visual inspection of the subsurface irrigation system shall be done weekly to determine if there are cuts, leaks or other line damages or problems. 2. All non - accident related cuts, leaks or other line damages found during weekly servicing of the work area shall be repaired immediately and at no extra cost to the Owner. All insecticide, fungicide and herbicide chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Project Manager for review and approval. 3. No excavation or mechanical edging shall be done within these areas without prior notification to the Project Manager. 4. Each zone shall be manually turned on at the valve to ascertain proper operation of the system. 5. Check the controllers and rain sensing devices for proper operation and settings. GC- CA -J -80 Conventional Pop -up Sprinkler Systems Weekly Service Requirements: 1. Each zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair of blown -off heads, broken lines or leaks around heads or valves. 3. Check the controllers and rain sensing devices for proper operation and settings. 4. The Contractor shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100 %) irrigation coverage. 5. The Contractor shall review the plants within irrigated Work Area, for dry conditions and if found, correct the problem immediately and advise the Project Manager. Monthly Service Requirements: 1. Manually run the system, clean and adjust sprinkler heads /nozzles and emitter lines as necessary to ensure for proper coverage and that no sprinklers heads /nozzles are spraying directly into the roadway. General Service Requirements: 1. Should South Florida Water Management District or other governing agency establish water restrictions, the irrigation systems shall be inspected and all controllers set to the mandated hours of operation set by the District. 2. Replace defective piping, emitter piping, heads, nozzles and risers, and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes /lids if caused by the Contractor. 4. Inspect, clean and replace, if necessary, screens /filters within the sprinkler heads. 5. Use only County approved replacement parts, and use only matched precipitation head replacements. Replacement sprinkler heads shall be supplied by Collier County. 6. Keep grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two GC- CA -J -81 inches (2 ") above finished mulch level. Inside of all valve boxes shall be kept clean, and the valves shall be kept one hundred percent (100 %) accessible. 7. One hundred percent (100 %) irrigation coverage shall be maintained within all landscaped areas while this Contract is in effect. 8. Notification to the Project Manager is required when acts of vandalism or accidents have occurred to the irrigation system, G. DECORATIVE PAVERS AND PAVING All decorative paving areas shall be reviewed with each weekly service to determine if damage or problems exist. Upon finding damage or problems to the paving, an immediate notification to the Project Manager or his authorized representative is required. Upon finding damaged areas, the Contractor shall clean -up debris if present, and /or flag off the areas with protective barriers and /or high visibility hazard tape. The Contractor shall submit a proposal as soon as possible for repair or replacement of the damaged brick curbing or paving areas. Repairs to the paving not related to the Contractor or their sub - Contractor's will be considered as additional expenses to the Contract. The additional expenses shall be charged as a time and material billing with the bricks being provided to the County. All additional expenses must be pre- approved by the Project Manager. END OF MAINTENANCE DURING CONSTRUCTION SECTION GC- CA -J -82 EXHIBIT K PERMITS GC- CA -K -1 EXHIBIT L STANDARD DETAILS GC- CA -L -1 EXHIBIT M PLANS AND SPECIFICATIONS Attached as Separate Files GC- CA -M -1 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC- CA -N -1