IFB_#Y26-144-JA_Scope_of_Services_Rev3_clean.docx

Invitation for Bids #Y26-604-JA Title: Tree Planting and Establishment Services on County-Owned Properties

SCOPE OF SERVICES

A. BACKGROUND

The Contractor shall provide services under the County’s contract for Tree Planting and Establishment Services on County-owned properties. These services support the County’s Sustainable Operations and Resilience Action Plan by expanding tree canopy coverage at County facilities and advancing long-term environmental stewardship goals.

The County intends to plant trees at various facilities, subject to available budget, and shall place orders for these services on an as-needed basis.

B. DEFINITIONS Comment by Alina Hernandez Fernandez: If a scope ever has a section with definitions, this should be included at the top of the Scope of Services. Comment by Alina Hernandez Fernandez: Moved

1. Project Manager: The County’s authorized representative responsible for administering this contract. When references are made to PROJECT MANAGER, other terms that may be substituted/used are FACILITIES MANAGEMENT SITE MANAGER.

2. Facilities Management Site Manager: The authorized County representative for a County-owned property who is responsible for coordinating the Contractor’s activities at that specific project site. The Facilities Management Site Manager may provide site access, coordinate site logistics, and communicate site-specific requirements, but does not have authority to modify the Contract, approve changes in scope, or authorize payment unless expressly delegated in writing by the Facilities Management Site Manager.

3. Landscape Improvements shall include any activity related to plant material, irrigation and/or hardscape.

4. Installation shall include the duration of time to plant all trees in accordance with the plans and specifications.

5. Establishment shall include a 24-month period after the landscape installation has been completed and accepted by County regardless of the time used for installation. The required 24-month Establishment period may be modified (increased or decreased) as approved by the Project Manager.

C. INTERPRETATION AND INTENT Comment by Alina Hernandez Fernandez: Moving this up in the Scope

Wherever the terms "APPROVE", "APPROVED", "APPROVAL", "ACCEPT", "ACCEPTED", "ACCEPTANCE" or other derivations of these terms are used within these specification or references therein in the context of actions to be taken by the County or its representatives with respect to submittals made by, or work performed by the Contractor, they shall mean that the County or its representative finds no exception with the submittal or the work provided/performed by the Contractor. Acceptance or approval by the County or its representative will not relieve the Contractor of any responsibility for conformance to the intent of the plans and specifications, for the accuracy of dimensions and details, for conformity of dimensions and details, or for adherence to generally accepted engineering and construction practices.

D. TECHNICAL PROVISIONS

CONSTRUCTION SERVICES FOR TREE PLANTING AND MAINTENANCE PROGRAM

1. MOBILIZATION

a. Description

Mobilization fee shall be inclusive of preparatory work and operations necessary for the movement of personnel, equipment, supplies, and incidentals to the project site.

b. Basis of Payment

The work and incidental costs covered under Mobilization will be paid for at the Fee Schedule price for the respective tree size identified under Mobilization Fees.

2. TREE INSTALLATION AND ESTABLISHMENT

a. DESCRIPTION

Tree installation shall include furnishing, installation, establishment, and maintenance of all items detailed in this provision, the special provisions, and on the plans, except as directed by the Project Manager. The Contractor shall provide a Tree Planting Plan for each individual site upon the County’s request for services under the Contract.

b. MATERIALS

i. Grade Standards and Conformity with Type and Species: Contractor shall only use plant materials purchased in Central Florida from commercial nursery stock, which complies with all required inspection, grading standards, and plant regulations in accordance with the latest edition of the Florida Department of Agriculture’s “Grades and Standards for Nursery Plants.”

ii. Contractor shall submit a list of nurseries where plants are tagged, including contact information and location. Plants shall originate from a registered nursery in Central Florida under inspection with the Division of Plant Industry, or certified and have met the requirements of Chapter 581, Florida Statutes, and Title 5B, Florida Administrative Code. Comment by Alina Hernandez Fernandez: When? How? To whom?

My recommendation is we follow our standard process and state they shall submit this with ten (10) business days from Notice of Contract Award.

iii. Plants delivered shall be correctly labeled as to name, grade and date of delivery. Plants shall be plainly and legibly labeled by the nurseryman to show the scientific or accepted common name, including variety and rootstock when applicable, and the grade. Only one name and grade label is needed on a group of plants of the same variety, rootstock and grade when addressed to one consignee, provided that the label is also marked to indicate the number of plants in the group for which the label is intended.

iv. Contractor shall use only plants that are true to type and species, free of fungal infection and disease, and ensure that the plants not specifically covered by Florida Department of Agriculture’s “Grades and Standards for Nursery Plants” conform in type and species with the standards and designations in general acceptance by Florida nurseries.

v. Prior to planting, the Contractor shall provide the Project Manager with a certification from the supplying nursery that all plant materials have been purchased from Florida commercial nursery stock. Verify that plant species, quantity, and quality of plants in the Contractor’s plant schedule are consistent with that on plant list and drawings.

vi. Unless otherwise specified, minimum grade for all plants is Florida No. 1. All plants shall be the specified size and grade at the time of delivery to the site.

vii. Ball and Burlap (B&B) Trees Upon reaching the planting site, trees must be kept in the shade or have plastic root ball covers removed to keep temperatures down. The clear plastic-covered root balls shall not remain in the sun. Plastic shall be completely removed prior to planting. If trees are not planted the day of delivery, the Contractor shall cover the sides of the root balls with soil, compost, mulch, saw dust or other organic matter to help prevent root desiccation. The top shall never be covered.

viii. Container Trees

a) Trees delivered in containers shall remain in the upright position upon reaching the planting site. The Contractor shall group the trees close together to provide mutual shading of the root balls since direct sun hitting the side of the container often increases temperatures inside the root ball to lethal levels. Roots can die in a matter of hours so prompt action is essential. Root systems on bare root trees should be covered with moist sphagnum or other moisture holding material and kept out of the wind and sun to help keep them alive.

b) The Contractor shall irrigate trees in the holding area as they were in the nursery.

c) The Contractor shall deliver soil conditioners (pesticides, herbicides, fumigants, and fertilizers) to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trade name, trademark, and conformance to state law. Soil conditioners shall be stored in designated areas.

d) The Contractor shall deliver planting soil mixes and mulch in bulk with manufacturer's guaranteed mix, name, and conformance to State law. Soil mixes shall be stored in designated areas only.

e) The Contractor shall mist periodically each day all tree/palm root balls and crowns/tops during delivery, handling, and storing on site to ensure against drying.

f) The Contractor shall notify Project Manager of delivery schedule in advance so plant material may be inspected upon arrival at job site. Comment by Alina Hernandez Fernandez: Through which means? Email? Comment by Alina Hernandez Fernandez: How far in advance?

g) The Contractor shall remove unacceptable plant material immediately from job site.

h) Delivery of fluid applied membrane waterproofing shall be to the job site in sealed undamaged containers. Each container shall be identified with material name, date of manufacture and lot number.

ix. Water Water used may be obtained from any approved source. The water shall be free of any substance which might be harmful to plant growth. Effluent water shall meet all Federal, State, and local requirements. Comment by Alina Hernandez Fernandez: Approve by whom? County? Project Manager?

x. Mulch Mulch material shall be compost meeting the following requirements - hardwood barks, shavings or chips; or inorganic mulch materials as approved by the Project Manager; or hydraulically applied wood fiber mulch or bonded fiber matrix (BFM) for the establishment of turf material. Use of cypress mulch is prohibited. Comment by Alina Hernandez Fernandez: The way I understand this section, these are the compost requirements included “below”, I made a revision to the language to make this more clear.

xi. Soil The Contractor shall remove all unsuitable soil and debris to root ball depth. The Contractor shall replace soil with material suitable for plant growth. The organic matter content of the prepared soil layer after mixing shall be a minimum of 2.5%, a maximum of 10%, in accordance with FM 1-T-267 and have a pH value of 4.5 or greater and less than or equal to 8.5 as determined in accordance with FM 5-550. The organic matter content shall be created using any of the following materials.

a) Prepared soil layer materials may be obtained from either, or a combination of, the following sources:

(1) Excavation within the limits of construction on the project. Such material may be stockpiled or windrowed on the project in areas approved by the Project Manager.

(2) From other sources of organic soil materials provided by the Contractor.

b) Organic Soil: This may consist of muck, mucky peat and peat and shall have an organic matter content of 30% or more if the mineral fraction is more than 50% clay, or more than 20% organic matter if the mineral fraction has no clay.

c) Compost: Meet the requirements of Florida Department of Environmental Protection Rule 62.709.550 Type Y (yard waste), Type YM (yard waste and manure), Type A (municipal solid waste compost) or Rule 62.640.850 Type AA (composted biosolids) and have unrestricted distribution.

d) Compost for use as a Soil Amendment: If the electrical conductivity (EC) value of the compost exceeds 4.0dS (mmhos/cm) based on the saturated paste extract method, the compost shall be leached with water prior to application.

e) Compost for use as a Mulch: Compost shall contain no foreign matter, such as glass, plastic or metal shards. The compost shall be slightly coarse to coarse in nature (over half of the solids shall be from particles 1/2 inches in size and no greater than 6 inches). Preference shall be given to compost or mulch made from uncontaminated woody waste materials.

c. INSTALLATION Comment by Alina Hernandez Fernandez: I recommend placing this before “transport and delivery” as the section before that spoke to installation and establishment, so it is all together. Comment by Alina Hernandez Fernandez: Moved

i. Installation Plan: Not less than fourteen (14) calendar days prior to the scheduled installation, the Contractor shall submit an installation plan to the Project Manager for review and comment. The Installation Plan shall specifically describe the methods, activities, materials and schedule to achieve installation of plants. Installation shall not begin until the Project Manager has approved the installation plan. Comment by Alina Hernandez Fernandez: Via email?

ii. Layout: The location of plants as shown in the drawings to be issued, are approximate. The Contractor shall adjust final locations when directed by the Project Manager to accommodate unforeseen field conditions or to comply with safety setbacks and requirements. Any modifications shall be completed at no additional cost to the County.

iii. Prior to commencing any excavation or planting, planting beds and individual locations of trees shall be staked/marked as shown in the contract documents. The Contractor shall notify the Project Manager when staking/marking is complete. The Project Manager will approve the layout prior to commencing.

iv. The Contractor shall make no changes to the layout, materials or any variations of plant materials from the contract documents without the Project Manager’s written approval.

v. Soil Drainage: All planting holes and beds shall drain sufficiently prior to installing any plants. The Contractor shall immediately notify the Project Manager of drainage or percolation problems before plant installation.

vi. Planting: The Contractor shall meet the specific requirements of the plans. Each tree shall be individually tagged with a number starting from 1. The tag shall remain throughout the duration of the project.

vii. Disposal of Debris: The Contractor shall remove and dispose of all debris and excess material generated from the installation of plants at the end of each day’s work and in compliance with all Federal, State and Local laws and ordinances.

viii. Reporting: The Contractor shall certify monthly on a form provided by the County, “Landscape Monthly Inspection Form” that the plants have been installed and are being established and maintained in accordance with the contract documents. The form must be submitted with the monthly invoice. Form will be provided by the County after notice of award.

ix. Substantial Completion: Not less than fourteen (14) days after the scheduled installation completion, a walk through with the County shall be performed. The Establishment Period shall begin once all items on the “Substantial Completion Form” have been performed and accepted by the County. Form will be provided by the County after notice of award.

x. Establishment Plan: The Establishment Plan shall be submitted as part of the Installation Plan to the Project Manager for review and comment. The Contractor shall specifically describe the methods, activities, materials and schedule to achieve establishment and inspection of plants and incidental landscaping. Acceptance of the Establishment Plan is not a release from responsibility for the overall establishment and maintenance of the landscape area as required in the contract documents. The Contractor shall perform any ancillary activities that may be required to adequately establish and maintain the plants and landscape area.

xi. Installation Completion: To allow time for scheduling inspection of installation, the Contractor shall provide the Project Manager with no less than seven (7) calendar days advance notice of completion of installation of all plants. Upon completion of installation of plants and incidental landscaping, the Contractor shall certify on a form provided by the County “Contractor Certification of Installation” that the landscaping has been installed and is being established in accordance with the contract documents.

d. ESTABLISHMENT

i. The Contractor shall keep all plants vigorous, undamaged, free of pests and disease, hydrated and nourished, supported to grow and maintain form and general appearance specified in the contract documents and the Establishment Plan.

ii. The Contractor shall keep all plants pruned, as needed, to maintain plant health. Pruning shall conform to ANSI A300 Part 1 Standards. Pruning shall be performed by an International Society of Arboriculture (ISA) Certified Arborist or person with documentation of equivalent or greater expertise. Prior to performing pruning activities, the Contractor shall provide proof of the individual’s active arborist certification to the Project Manager for approval.

iii. The Contractor shall remove staking and guying from all fully established plants unless otherwise directed by the Project Manager.

e. BASIS OF PAYMENT – INSTALLATION AND ESTABLISHMENT

i. All work, material, and incidental costs related to prepare the area for the installation and establishment of landscaping will be paid for at the contract unit price completed and accepted. The unit price shall be inclusive for all work and materials described herein, including excavation (in whatever material encountered), or any other material unsuitable in its original position and that is excavated below finished grade, and replaced with select bedding material, backfilling, compaction, furnishing and installing, disposing of surplus materials, and other work as may be required for an acceptable installation and establishment of landscaping.

ii. The work and incidental costs covered under Excavation/Installation will be paid for at the Fee Schedule price for the respective tree size identified under Excavation/Installation Fees.

f. INSPECTION AND REPORTING REQUIREMENTS

i. During the establishment period, the Contractor shall inspect and certify monthly on the County’s “Landscape Monthly Inspection Form” that the landscaping is being established per the Contract Documents.

ii. The Contractor shall submit the monthly inspection form to the Project Manager within seven (7) calendar days after performing the inspection.

g. REMEDIAL WORK

i. The Contractor shall perform all necessary remedial work at no cost to the County. The Contractor shall use replacement plants of the same species and planting medium as the plant being replaced and/or as specified in the contract documents. Replacement plant size shall match the size of the adjacent grown-in plants of the same species and variety which may be larger than the initially installed size.

ii. During the establishment period, the establishment time for replacement plants shall be the remaining establishment period or ninety (90) days after date of replacement installation acceptance, whichever is greater.

iii. Approval of remedial work does not relieve the Contractor from continuing responsibility under the provisions of this section. At the end of the contract period when all contract requirements are met, the Project Manager will release the Contractor from further remedial work.

3. TRANSPORTING AND DELIVERY

a. Preparation for Transporting:

The Contractor shall:

i. Prune head and/or roots of all trees only under direction of certified Arborist or registered Landscape Architect, and as required to assure safe loading, shipment and handling without damaging the natural form and health of the plant. No “Hurricane cutting” is permitted unless approved by Project Manager.

ii. Stabilize all trees in containers and prepare each tree for shipping.

b. Transporting:

The Contract shall:

i. Move nursery stock in accordance with all Federal and State regulations and accompany each shipment with the required inspection certificates.

ii. Submit inspection certificates to the Project Manager. Protect all plant materials during transport/ delivery with shade cloth or other acceptable means to prevent wind burn. Comment by Alina Hernandez Fernandez: How? Email?

iii. Protect all plant material during delivery to prevent damage or desiccation to root ball or desiccation of crown and leaves.

iv. Irrigate the tree root balls just prior to shipping. Trees shall be secured in the truck so as not to roll. Closed trucks shall not remain standing in the sun in hot weather unless they are air-conditioned.

v. Shrink wrap the root balls of B&B trees prior to transporting them from the nursery.

c. Delivery – All trees shall arrive as tagged in accordance with this provision. The Contractor shall use durable waterproof labels with water-resistant ink, which shall remain legible for at least sixty (60) days.

E. CONTRACTOR’S RESPONSIBILITIES

1. The Contractor shall have a competent superintendent at the site at all times while work is in progress, this person shall act as the Contractor’s agent. The superintendent shall be capable of properly interpreting the contract documents, have sufficient experience and be able to speak and understand English. The superintendent shall have full authority to receive instructions from the Project Manager and to execute the orders or directions of the Project Manager, including promptly supplying any materials, tools, equipment, labor, and incidentals that may be required. The Contractor shall furnish the qualifications of the proposed superintendent to the Project Manager at the preconstruction conference. The County shall be the exclusive authority in determining the adequacy of the superintendent's experience for the purposes outlined in this paragraph. At least one other responsible person who speaks and understands English shall be on the project during all working hours. Comment by Alina Hernandez Fernandez: I recommend changing this to “within ten (10) of notice of contract award”.

2. Certifications/Permit Compliance: The Contractor shall prepare and submit all certifications required by regulatory agencies having jurisdiction over the project.

3. Protection of Property:

a. The Contractor shall be responsible for any damage, whether occurring within or outside of the boundaries of the project, including any property adjacent to the project when such damage is caused in whole or in part by any act of the Contractor or any employee, agent or subcontractor working under, with or in privity to the Contractor.

b. The Contractor and all the aforementioned parties shall stay off private property adjacent to the project unless the Contractor receives a written release from the affected property owner which specifically releases the County from any liability for any damage to such property caused by any acts other than those of the County. This written release must be acceptable in form to the Project Manager and delivered to and accepted by the Project Manager before the Contractor makes any entry upon such private property.

c. The Contractor shall obtain all necessary permits and approvals from all regulatory agencies for all activities to be conducted by the Contractor on the private property. Necessary approvals may include, but are not limited to, the United States Army Corps of Engineers, the United States Environmental Protection Agency, the Florida Department of Environmental Protection, the Florida Department of Transportation, the applicable Water Management District, the Orange County Environment Protection Division (EPD), and applicable municipal agencies for properties located within incorporated areas. The Contractor shall provide written documentation to the Project Manager of the necessary approvals and permits having been obtained.

d. The Contractor shall submit to the Project Manager a current aerial map (11” x 17” minimum size) depicting at a minimum any temporary staging area including property lines, easement lines, and right-of-way lines.

4. Site Investigation:

a. The Contractor shall satisfactorily determine, prior to beginning each project, the nature and location of the work, the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encountered, the nature of the groundwater conditions and all other matters which can in any way affect the work under this contract.

b. The County does not guarantee or warrant the accuracy or correctness of information concerning actual subsurface conditions as subsoil conditions may vary. The Contractor shall not make any claims against the County if the actual conditions encountered during work do not align with those indicated. The prices established for the work to be done shall reflect all costs pertaining to the work. Any claims for extras based on substrata or groundwater table conditions will not be allowed.

c. The Contractor is responsible for determining the location, character, and depth of any existing utilities and must assist the utility companies by all possible means to ascertain these locations. Extreme caution must be exercised to prevent any damage to utilities resulting from the Contractor’s activities.

5. Use of Public Roads and Streets: Use of public streets shall be such as to provide a minimum of inconvenience to the public and to traffic. Any earth or excavated material spilled from trucks shall be removed by the Contractor and streets cleaned to the satisfaction of the Project Manager. Cleaning may include street sweeping and/or washing, if so directed by the Project Manager.

6. Care of trees, Shrubs and Grass: The Contractor shall maintain in good condition all cultivated grass plots, trees and shrubs beyond the grading limits of this contract. After completion of the work, the Contractor shall replace or restore to the original condition all destroyed or damaged shrubbery or grass areas. Tree limbs, which interfere with equipment operation and are approved for pruning, shall be neatly trimmed and the tree cut coated with tree paint. No additional time or special compensation will be made to the Contractor to defray costs of any of the work or delays for complying with the requirements above.

7. Damage to Existing Structures and Utilities: The Contractor shall make correct any damage resulting from his activities, both within and beyond the limits of this contract, to buildings, telephone, power or other cables, water pipes, storm sewer facilities, sanitary pipes, gas lines, traffic signalization, or other utilities or structures, which may be encountered, whether or not shown on the plans.

8. Final Clean Up: The entire work site shall be cleaned by sweeping or washing, as determined by the Project Manager, prior to final acceptance.

F. PROSECUTION AND PROGRESS OF WORK

1. Submission of Working Schedule: The Contractor shall provide a schedule detailing the various activities of work to demonstrate a reasonable and workable plan to complete the project within the established contract time. The order and interdependence of activities and the sequence for accomplishing the work shall be shown. All activities shall be described in sufficient detail so that the County can readily identify the planned work and measure the progress of each activity. Each activity shall be shown with a beginning work date, duration, and monetary value. Comment by Alina Hernandez Fernandez: When is this due to the Project Manager?

a. Activities for the procurement, fabrication, and/or delivery of materials and equipment shall be included. Activities indicating coordination with utility owners that have facilities within the limits of construction requiring adjustment or relocation shall be included.

b. An updated Work Progress Schedule shall be submitted monthly to the County. All changes in the planned order start or finish dates, or duration of an activity shall be applied.

c. A revised Work Progress Schedule shall be submitted to the County for acceptance when significant changes are made to the logic or durations of the activities. The County will review the corrected schedule and respond within seven (7) calendar days of receipt.

d. The County will return inadequate schedules to the Contractor for corrections. A corrected schedule shall be resubmitted within three (3) calendar days from the date of the County’s return transmittal. By acceptance of the schedule, the County does not endorse or otherwise certify the validity or accuracy of the activity durations or sequencing of activities.

e. The County will use the initially accepted schedule as the baseline against which to measure progress and identify critical activities that are controlling items of work.

f. If the Contractor fails to finalize either the initial or a revised schedule in the time specified, the County will withhold all contract payments until the schedule is accepted.

2. Work Hours: Project work hours shall be between 7:00 AM and 6:00 PM Monday through Friday, exclusive of normal Orange County holidays, unless approved otherwise by the Project Manager. The Contractor shall request approval from the Project Manager at least seventy-two (72) hours in advance for work outside those hours. Comment by Alina Hernandez Fernandez: We should list what those are so it’s abundantly clear

3. Compliance with Time Requirements: The Contractor shall commence work in accordance with the accepted Work Progress Schedule and provide sufficient labor, materials and equipment to complete the work within the time limit(s) set forth. Should the Contractor fail to furnish sufficient and suitable equipment, forces, and materials, as necessary to prosecute the work in accordance with the accepted schedule, the County may withhold all estimates that are, or may become due, and/or suspend the work until the Contractor corrects such deficiencies.

4. Video Survey: The Contractor shall submit a quality video documenting before and after construction field conditions for each project site, as approved by the Project Manager. Video survey shall be required only when the Contractor is performing excavation and installation of trees at a project site.

The work and incidental costs to perform video survey services shall be included in the applicable Excavation/Installation Fee Schedule line items when ordered on a Delivery Order. No separate payment will be made for video survey services.

Video Surveys may be waived only if agreed to in writing by the Project Manager.

G. METHOD OF MEASUREMENT

All measurements for payment will be based on the completed work performed in strict accordance with contract documents. All work completed under this contract shall be measured by the Contractor or their representatives in the presence of the Project Manager.

H. REQUIRED LICENSES AND CERTIFICATIONS

Prior to furnishing the requested product(s), it shall be the responsibility of the Contractor to obtain, at no additional cost to Orange County, any and all licenses and permits required to complete all contractual requirements. These licenses and permits shall be readily available for review by the County’s Representative at any given time during the term of this contract. Comment by Alina Hernandez Fernandez: Project Manager?

1. Florida Department of Agriculture Commercial Landscape Maintenance Applicator Certification

2. International Society of Arboriculture (ISA) Arborist Certification

3. Florida Green Industries Best Management Practices Certification

4. Limited Urban Commercial Fertilizer Applicator Certification

I. MINIMUM EQUIPMENT REQUIREMENTS

The Contractor shall ensure all equipment used in the performance of the contract on County property is in good safe working order and properly maintained to protect the operator and the public. All equipment used by the Contractor is subject to inspection by the County’s Representative. Any equipment on site, which is deemed by the County’s Representative to be inoperable, unsafe, or improper for desired use, shall be removed from the premises by the Contractor at his/her expense the same day of the County’s determination. A list of equipment shall be submitted on company’s letterhead within ten (10) days of notice of contract award. Comment by Alina Hernandez Fernandez: Project Manager? Comment by Alina Hernandez Fernandez: Project Manager?

J. DELIVERY ORDERS UNDER CONTRACT Comment by Alina Hernandez Fernandez: I recommend including these requirements under the appropriate provision in OpenGov, not in the Scope of Services. Comment by Alina Hernandez Fernandez: Additionally, there is another section speaking to delivery orders under contract below, can these be merged?

The County will issue Delivery Orders on an as-needed basis under this Contract. Each Delivery Order shall be issued for a single County-owned project site. Multiple trees of varying sizes and species may be included on a single Delivery Order provided all work is performed at the same project site.

Mobilization is a one-time fee per tree ordered and shall be paid at the applicable Mobilization Fee line item based on tree size. When multiple trees are ordered on a single Delivery Order, a Mobilization Fee shall be applied for each tree included on the Delivery Order.

A. Scope of Delivery Orders Delivery Orders may include:

1. Tree material only; or

2. Tree material with mobilization, excavation/installation; or

3. Tree material with mobilization, excavation/installation, and establishment services when authorized by the Project Manager

a. Monthly Landscape Establishment Fees shall only be included when excavation/installation services are authorized and an establishment period is approved by the Project Manager.

B. Permitted Orders During Final Twenty-Four Months of the Contract Term

Delivery Orders issued within the final twenty-four (24) months of the Contract term may include tree material (Line Items 1–68), mobilization, and excavation/installation line items. Monthly Landscape Establishment Fee line items may only be included when the Project Manager authorizes an establishment period that does not extend beyond the Contract expiration date, or when a mutually executed Contract extension provides for the remaining establishment period.

Establishment periods shorter than 24 months shall be billed only for the number of months authorized on the applicable Delivery Order.

K. GENERAL CONDITION: Comment by Alina Hernandez Fernandez: This shouldn’t be included in the scope of services, we can add this as a contract term/condition.

All specifications, drawings and copies thereof furnished by the County will remain the property of the County. They shall not be used on another project and, with the exception of those sets, which have been signed in connection with execution of the contract, shall be returned to the County upon completion of the project.

Duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warrants, guarantees and obligations imposed upon the Contractor and the rights and remedies available to the County thereunder shall be in addition to and not a limitation of any otherwise imposed or available by law, by special guarantee or other provisions of Contract Documents.

L. LANDSCAPE INSTALLATION AND ESTABLISHMENT: Landscape improvements shall include landscape installation and establishment, and landscape project site maintenance including pruning, fertilizing, herbicide treatment, replanting. Comment by Alina Hernandez Fernandez: How is this different than the section for installation/establishment above? Can it be kept together?

During the establishment period, all landscape improvements shall be maintained. The cost of maintaining the Landscape improvements including all work and incidental costs, except mowing shall be included in the price stipulated in the Fee Schedule under Monthly Landscape Establishment Fees for the respective tree size line item.

UTILITY COORDINATION: The Contractor shall coordinate any utility improvements and/or relocations for this project. The Contractor shall not use utility delays as a basis for additional compensation. The Contractor shall coordinate with utilities and cooperate fully with utility companies in the relocation of their facilities.

2. PAY ITEMS: The cost of all equipment, materials and labor for temporary or permanent facilities necessary to construct the improvements identified in the specifications, or other contact documents shall be deemed to be included in the various items making up the contract price. No separate payment will be made to the Contractor for any such equipment, materials and labor for which a separate Pay Item has not been provided. No adjustments will be made on this contract to the bid price of any product or material, including gasoline, diesel or other fuels, and bituminous materials, including asphalt, due to fluctuations in market prices, changes in suppliers, or any other reasons.

3. REQUEST FOR ADDITIONAL INFORMATION (RAI): The County will require a reasonable amount of time, at least 10 business days, to respond to any RAI submitted by the Contractor. Any delay in responding to the RAI cannot be used as a reason to reimburse for any additional compensation, including delay claims.

4. EARTHWORK: The County grants access to all the bidders to the entire project limits. The bidders are responsible for obtaining approval from all the regulatory agencies that have jurisdiction for investigative work. The bidders shall be entirely responsible to ensure that all the disturbed areas are restored to as good as or better than the existing conditions. The bidders shall be responsible to comply with all permit conditions, rules and regulations including but not limited to NPDES and threatened and endangered species.

M. REQUIRED LICENSES AND CERTIFICATIONS Comment by Alina Hernandez Fernandez: Is this a duplicate of the above? If so, please delete.

Prior to furnishing the requested product(s), it shall be the responsibility of the Contractor to obtain, at no additional cost to Orange County, any and all licenses and permits required to complete all contractual requirements. These licenses and permits shall be readily available for review by the County’s Representative at any given time during the term of this contract.

5. Florida Department of Agriculture Commercial Landscape Maintenance Applicator Certification

6. International Society of Arboriculture (ISA) Arborist Certification

7. Florida Green Industries Best Management Practices Certification

8. Limited Urban Commercial Fertilizer Applicator Certification

N. DELIVERY ORDERS UNDER CONTRACT

The County will issue Delivery Orders on an as-needed basis under this Contract. Each Delivery Order shall be issued for a single County-owned project site. Multiple trees of varying sizes and species may be included on a single Delivery Order provided all work is performed at the same project site.

Mobilization is a one-time fee per tree ordered and shall be paid at the applicable Mobilization Fee line item based on tree size. When multiple trees are ordered on a single Delivery Order, a Mobilization Fee shall be applied for each tree included on the Delivery Order.

B. Scope of Delivery Orders Delivery Orders may include:

4. Tree material only; or

5. Tree material with mobilization, excavation/installation; or

6. Tree material with mobilization, excavation/installation, and establishment services when authorized by the Project Manager

a. Monthly Landscape Establishment Fees shall only be included when excavation/installation services are authorized and an establishment period is approved by the Project Manager.

C. Permitted Orders During Final Twenty-Four Months of the Contract Term

Delivery Orders issued within the final twenty-four (24) months of the Contract term may include tree material (Line Items 1–68), mobilization, and excavation/installation line items. Monthly Landscape Establishment Fee line items may only be included when the Project Manager authorizes an establishment period that does not extend beyond the Contract expiration date, or when a mutually executed Contract extension provides for the remaining establishment period.

Establishment periods shorter than 24 months shall be billed only for the number of months authorized on the applicable Delivery Order.

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