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HomeMy WebLinkAbout25-19-ITB - Citywide Right of Way and Ditch Mowing Agreement - Sage Services Inc - Signed 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 1 of 25 CITY OF SEBASTIAN AGREEMENT FOR CITYWIDE RIGHT OF WAY AND DITCH MOWING WITH SAGE SERVICES, INC. THIS AGREEMENT made and entered into the ______ day of ______________. 2025 by and between the City of Sebastian, Florida, whose address is 1225 Main Street, Sebastian, FL 32958, a municipal corporation of the State of Florida, hereinafter referred to as the "City" and Sage Services, Inc. (FEIN: 82-1462777), whose principal and local address is 2334 SW Alminar St, Port St Lucie, FL 34953, hereinafter referred to as the “Contractor”. The City and the Contractor are collectively referred to herein as the “Parties.” WITNESSETH: WHEREAS, the City desires to retain the Contractor for the work identified in the proposal specifications outlined in the 25-19-ITB, Citywide Right of Way and Ditch Mowing; and WHEREAS, the City desires to retain the Contractor to provide Citywide Right of Way and Ditch Mowing Services, as subsequently specifically set out in purchase orders to be issued under this agreement; and WHEREAS, the City desires to employ the Contractor to support the activities, programs, and projects of the City upon the terms and conditions hereinafter set forth, and the Contractor is desirous of performing and providing such goods/services upon said terms and conditions; and WHEREAS, the Contractor hereby warrants and represents to the City that it is competent and otherwise able to provide professional services to the City; and WHEREAS, all City promulgated bid documents pertaining to 25-19-ITB, Citywide Right of Way and Ditch Mowing, and all submissions by the Contractor (including the bid proposal and proposal clarifications) are incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein; and WHEREAS, the City desires to retain the Contractor to provide all labor, materials, equipment, facilities, and services included in, but not limited to, the guidelines in the scope of work; and WHEREAS, the City desires to use the expertise and knowledge of the Contractor; and WHEREAS, the Contractor recognizes the importance of strict adherence to all laws, rules, and regulations, particularly regarding safety procedures and processes. Document ID: 88FFA48F6994D0607E89E820B78B012B 1st October 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 2 of 25 sufficiency of which is hereby acknowledged, it is agreed by and between the parties hereto as follows: SECTION 1: GENERAL PROVISIONS 1.1 The term "Contractor" as used in this agreement is hereby defined herein as t hat person or entity, including employees, servants, partners, principals, agents, and assignees providing services under this agreement. 1.2 The Contractor acknowledges that the City may retain other service providers to provide the same services for City projects. At its option, the City may request proposals from the Contractor and the service providers for City projects. The City reserves the right to select which service provider s shall provide services for the City’s projects. 1.3 This agreement is for Citywide Right of Way and Ditch Mowing, as set forth herein and as otherwise directed by the City to include all labor and materials that may be required. 1.4 The recitals above are true and correct and form and constitute a material part of this agreement upon which the parties have relied. 1.5 Each party hereto represents to the other that it has undertaken all necessary actions to execute this agreement and has the legal authority to enter into it and undertake all obligations imposed on it. The person(s) executing this agreement for the Contractor certify that they are authorized to bind the Contractor fully to the terms of this agreement. 1.6 Time is of the essence of the lawful performance of the duties and obligations contained in this agreement, including, but not limited to, each purchase order. The parties agree that they shall diligently and expeditiously pursue their respective obligations outlined in this agreement and each purchase order. 1.7 When the term “law” is used herein, it shall include statutes, codes, rules, and regulations of any type or nature enacted or adopted by a governmental entity of competent jurisdiction. 1.8 The Contractor hereby guarantees the City that all work and all material, supplies, services, and equipment listed on a Purchase Order meet the requirements, specifications, and standards provided for under the Federal Occupational Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 1.9 It is agreed that nothing herein contained is intended or should be construed as creating or establishing a relationship of co-partners between the parties or as constituting the Contractor (including, but not limited to , its officers, employees, and agents) as the agent, representative, or employee of the City for any purpose Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 3 of 25 or in any manner whatsoever. The Contractor is to be and shall remain independent concerning all services performed under this agreement. 1.10 Persons employed by the Contractor in the provision and performance of the goods and/or services and functions under this agreement shall have no claim to pension, workers’ compensation, unemployment compensation, civil service, or other employee rights or privileges granted to the City’s officers and employees either by operation of law or by the City. 1.11 No claim for goods and/or services furnished by the Contractor not specifically provided for herein or in a purchase order shall be honored by the City. SECTION 2: SCOPE OF SERVICES 2.1 The Contractor shall safely, diligently, and professionally and timely perform with its equipment and assets and provide goods and/or services included in each subsequently entered purchase order. Unless modified in writing by the parties hereto, the Contractor's duties shall not be construed to exceed the provision of the goods and/or services pertaining to this agreement. 2.2 The Contractor shall provide the goods and/or services as generally set forth and described in Exhibit “A” to this agreement and specifically detailed in various purchase orders as may be issued from time to time by the City . SECTION 3: PURCHASE ORDERS 3.1 The provision of services to be performed under the provisions of this agreement shall be commenced as outlined in the City’s bid/procurement documents upon the execution of this agreement and a purchase order issued on a form provided by the City hereunder commencing the provision of goods and services. Additional services to be performed by the Contractor to the City shall be authorized in a written change order issued by the City on a form provided by the City. Purchase orders executed by the City shall include a detailed description of quantities, services, and a completion schedule. The Contractor shall review purchase orders and notify the City in writing of asserted inadequacies for the City’s correction if warranted. In every case, if the Contractor completes work without authorization by a purchase/work order or a change order, the City is not obligated to compensate the Contractor for the unauthorized work. 3.2 The Contractor shall perform all services required by the purchase order , but the Contractor shall not be paid more than the negotiated Fixed Fee amount stated therein. 3.3 The Contractor may invoice the amount due based on the percentage of total services performed and completed, but in no event shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 4 of 25 services completed. 3.4 The City shall make payments to the Contractor when requested as work progresses for services furnished, but not more than once monthly. Each purchase order shall be invoiced separately. The Contractor shall render to the City, at the close of each calendar month, an itemized invoice properly dated, describing any services rendered, the cost of the services, the name and address of the Contractor, purchase order nu mber, contract number, and all other information required by this agreement. SECTION 4: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED 4.1 Execution of this agreement by the Contractor is a representation that the Contractor is familiar with the services to be performed and local conditions. The Contractor shall make no claim for additional time or money based upon its failure to comply with this agreement. The Contractor has informed the City, and hereby represents to the City, that it has extensive experience in performing and providing the services and/or goods described in this agreement and to be identified in the purchase orders and that it is well acquainted with the work conditions and the components that are properly and customarily inclu ded within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the City's projects. Execution of a purchase order shall be an affirmative and irrefutable r epresentation by the Contractor to the City that the Contractor is fully familiar with all requisite work conditions of the provisions of the goods and/or services. SECTION 5: CHANGE ORDERS 5.1 The City may revise the scope of services outlined in any particular purchase order. 5.2 Revisions to any purchase order shall be authorized in writing by the City as a change order. Each change order shall include a schedule of completion for the services authorized. Change orders shall identify this agreement and the appropriate purchase order number. Change orders may contain additional instructions or provisions specific to certain aspects of this agreement pertinent to the services provided. Such supplemental instructions or provisions shall not be construed as modifying this agreement. An agreement between the parties on and execution of any change order shall constitute a final settlement and a full accord and satisfaction of all matters relating to the change and to the impact of the change on unchanged goods and/or work, including all direct and indirect costs of whatever nature, and all adjustments to the Contractor’s schedule. Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 5 of 25 SECTION 6: CONTRACTOR RESPONSIBILITIES 6.1 The Contractor shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all goods and/or services furnished by the Contractor under this agreement as well as the conduct of its staff, personnel, employees, and agents. The Contractor shall provide the City a list of employees working days, times, and assignments within two (2) hours of the City’s request for such information, which the City may request. The Contractor shall provide employee addresses and driver’s licenses. All Contractor employees shall at all times wear identification badges which, at a minimum, give the name of the employee and the Contractor. The Contractor shall work closely with the City to provide the goods and/or services. Concerning serv ices, the Contractor shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy, and coordination of all of the following, which are listed for illustration purposes only and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and all other services of whatever type or nature furnished by the Contractor under this agreement. Without additional compensation, the Contractor shall correct or revise any errors or deficiencies in its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The Contractor’s submissions in response to the subject bid or procurement processes are incorporated herein by this reference. 6.2 Neither the City’s review, approval, or acceptance of nor payment for any of the goods and/or services required shall be construed to operate as a waiver of any rights under this agreement or of any cause of action arising out of the performance of this agreement and the Contractor shall be and remain liable to the City per applicable law for all damages to the City caused by the Contractor ’s negligent or improper performance or failure to perform any of the goods and/or services furnished under this agreement. 6.3 The rights and remedies of the City, provided for under this agreement, are in addition to any other rights and remedies provided by law. 6.4 Time is of the essence in the performance of all goods and/or services provided by the Contractor under the terms of this agreement and every purchase order. SECTION 7: CITY RIGHTS AND RESPONSIBILITIES 7.1 The City shall reasonably cooperate with the Contractor promptly at no cost to the Contractor as outlined in this Section. 7.2 The City shall furnish a City project manager to administer, review, and coordinate the provision of services under purchase orders. Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 6 of 25 7.3 The City shall make City personnel available where, in the City’s opinion, they are required and necessary to assist the Contractor. The availability and necessity of said personnel to assist the Contractor shall be determined solely at the discretion of the City. 7.4 The City shall examine all of the Contractor's services and indicate the City's approval or disapproval within a reasonable time so as not to delay the provisions of services of the Contractor materially. 7.5 The City shall transmit instructions and relevant information and interpret and define City policies and decisions concerning all materials and other matters pertinent to the services covered by this agreement. 7.6 The City shall give written notice to the Contractor whenever the City's designated representative knows of a development that affects the goods and/or services provided and performed under this agreement, the timing of the Contractor ’s provision of goods and/or services, or a defect or change necessary in the Contractor's goods and/or services. 7.7 The rights and remedies of the City provided under this agreement are in addition to any other rights and remedies provided by law. The City may assert its right of recovery by any appropriate means including, but not limited to, set -off, suit, withholding, recoupment, or counterclaim, either during or after th e performance of this agreement as well as the adjustment of payments made to the Contractor based upon the quality of work of the Contractor. 7.8 The City shall be entitled to recover all legal costs , including, but not limited to, attorney fees and other legal costs, that it may incur in any legal actions it may pursue to enforce the terms and conditions of this agreement or the responsibilities of the Contractor in carrying out the duties and responsibilities deriving from this agreement. 7.9 The failure of the City to insist in any instance upon the strict performance of any provision of this agreement or to exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 7.10 Neither the City’s review, approval, or acceptance of nor payment for any of the goods and/or services required shall be construed to operate as a waiver of any rights under this agreement nor any cause of action arising out of t he performance of this agreement and the Contractor shall be and always remain liable to the City per applicable law for all damages to the City or the public caused by the Contractor’s negligent or wrongful provision or performance of any of the goods and/or services furnished under this agreement. Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 7 of 25 7.11 After final payment is made to the Contractor, all deliverable analysis, reference data, survey data, plans, reports, or any other form of written instrument or document that may result from the Contractor’s services or have been created during the Contractor’s performance under this agreement shall become the property of the City. SECTION 8: COMPENSATION 8.1 Compensation for performance of work per Exhibit A, subject to additions and deletions by change order as provided for in this agreement. 8.2 Compensation to the Contractor shall be as outlined in the purchase order , which assigns services to be accomplished by the Contractor. 8.3 The Contractor shall be paid per the charges outlined in Exhibit “B” attached hereto. 8.4 There are no reimbursable expenses to be paid to the Contractor except as specifically set forth herein. SECTION 9: INVOICE PROCESS 9.1 Invoices, in an acceptable form to the City and without disputable items, will be processed for payment within thirty (30) days of receipt by the City. 9.2 The City will notify the Contractor of any disputable items in invoices submitted by the Contractor within fifteen (15) days of receipt, explaining the deficiencies. 9.3 The City and the Contractor will try to resolve all disputable items in the Contractor’s invoices. 9.4 Each invoice shall reference this agreement, the appropriate purchase order and Change Order if applicable, and the billing period. 9.5 The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the Contractor completed goods and/or services referenced in an invoice. 9.6 Invoices are to be forwarded directly to the project manager: Lee Plourde, Public Works Director (or designee), Lplourde@cityofsebastian.org. Alternatively, invoices can be emailed to accountspayable@cityofsebastian.org. SECTION 10: COMMENCEMENT SCHEDULE OF AGREEMENT 10.1 The Contractor shall commence providing services as described in this agreement upon execution of a purchase order issued by the City. Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 8 of 25 10.2 The Contractor and the City agree to make every effort to adhere to the schedules required by the City or as established for the various purchase orders as described in each purchase order. However, if the Contractor is delayed at any time in the provision of goods and/or services by any act or omission of the City, or of any employee, tumult of the City, or by any other Contractor employed by the City, or by changes ordered by the City, or by strikes, lockouts, fire, unusual delay in transportation, terrorism, unavoidable casualties, or any other causes of force majeure not resulting from the inactions or actions of the Contractor and beyond the Contractor’s control which would not reasonably be expected to occur in connection with or during performance or provision of the goods and/or services, or by delay authorized by the City pending a decision, or by any cause which the City shall decide to justify the delay, the time of completion shall be extended for such reasonable time as the City may decide in its sole and absolute discretion. It is further expressly understood and agreed that the Contractor shall not be entitled to any damages or compensation or be reimbursed for any losses due to any delay or delays resulting from any of the causes as mentioned earlier or any other cause whatsoever. SECTION 11: TERM/LENGTH OF AGREEMENT 11.1 The initial term of the Agreement is for a term of two (2) years. The Agreement may be renewed by the parties for two (2) additional terms of one (1) year if agreed to in writing at least thirty days prior to the end of the initial term. 11.2 The City has the right to extend any contract for the period necessary for the Contractor to complete their contractual obligations and/or release, award, and implement a replacement agreement. Such extension shall be based on the same prices, terms, and conditions this contract outlines. SECTION 12: DESIGNATED REPRESENTATIVES 12.1 The City designates the City Manager or their designated representative, to represent the City in all matters pertaining to and arising from the work and the performance of this agreement. 12.2 The City Manager, or his/her designated representative, shall ha ve the following responsibilities: 12.2.1 Examination of all work and rendering, in writing, decisions indicating the City's approval or disapproval within a reasonable time so as not to materially delay the work of the Contractor; 12.2.2 Transmission of instructions, receipt of information, and interpretation and definition of City's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this agreement; Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 9 of 25 12.2.3 Giving prompt written notice to the Contractor whenever the City official representative knows of a defect or change necessary in the project; and 12.2.4 Coordinating and managing the Contractor’s preparation of any necessary applications to governmental bodies to arrange for submission of such applications. 12.3 Until further notice from the City Manager , the City’s designated representative for this agreement is: Lee Plourde, Public Works Director Address: 505 Airport Drive West, Sebastian, FL Email: Lplourde@cityofsebastian.org Phone: 772-571-7920 The Contractor’s designated representative is: Lady Rivera, President Address: 2334 SW Alminar St, Port St. Lucie, FL Email: sageservicesinc@gmail.com Phone: 772-877-1721 SECTION 13 - LIQUIDATED DAMAGES 13.1 Upon failure of the Contractor to complete the project by the Completion Date, the Contractor shall pay the City the sum of One Hundred Dollars ($100) for every calendar day until the project reaches the Substantial Completion Date, as fixed and agreed liquidated damages and not as a penalty to represent the damages the City will sustain in the event of delay. The Parties agree and recognize the impossibility of precisely ascertaining the number of damages the City will sustain if the Contractor fails to achieve the Substantial Completion Date timely. 13.2 When the Contractor defaults on the Agreement or any material provision thereof or fails to remedy any deficiency in performance, the City may procure the necessary supplies or services from an alternative source and hold the contractor financially responsible for any excess costs incurred. The difference between the bid price of the product or service and the actual price paid may be deducted from any current or future obligations owed to the contractor as liquidated damages. SECTION 14: TERMINATION FOR CAUSE OR CONVENIENCE. 14.1 Notwithstanding any other provision of this agreement, the City shall have the right at any time to terminate this agreement in its entirety, with or without cause, as outlined herein. Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 10 of 25 14.2 WITH CAUSE: If the Contractor is found to have failed to perform services in a manner satisfactory to the City, the Contractor shall have ten (10) days to correct deficiencies. 14.2.1 Failure of the Contractor to remedy said specified deficiencies within ten (10) days of receipt of such notice shall result in the termination of the agreement, and the City shall be relieved of any responsibilities and liabilities under the terms and provisions of the contract. 14.3 WITHOUT CAUSE: The City shall have the right to terminate this agreement without cause with thirty (30) days' written notice to the Contractor. Notice shall be served to the parties as specified in the agreement. 14.4 Upon receipt of notice of termination, the Contractor shall promptly discontinue the provision of all services unless the notice provides otherwise. 14.5 If this agreement is terminated, the City shall identify any specific purchase order(s) being terminated and the specific purchase order(s) to be continued to completion according to the provisions of this agree ment. 14.6 This agreement will remain in full force and effect as to all authorized purchase order(s) to be completed as outlined above. SECTION 15: PAYMENT IN THE EVENT OF TERMINATION 15.1 In the event this agreement or any purchase order is terminated or canceled before completion without cause, payment for the unpaid portion of the satisfactorily, undisputed services provided by the Contractor before the date of termination will be paid. SECTION 16: EQUAL OPPORTUNITY EMPLOYMENT 16.1 The Contractor shall not discriminate based on race, color, sex, age, national origin, religion, and disability or handicap by the provisions of: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000 et seq.), Title VII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), Florida Civil Rights Act of 1992 (§ 760.10 et seq.), Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.), Title 49 CFR 21 and Title 49 CFR 23, Nondiscrimination based on handicap, Title 49 CFR 27, Americans with Disabilities Act of 1990 (42 U.S.C. 12102, et. seq.), Federal Fair Labor Standards Act (29 U.S.C. § 201, et seq.), and any other federal and state discrimination statutes. The contractor shall furnish pertinent information regarding its employment policies and practices and those of their proposed subcontractors the City may require. The above shall be required of any subcont ractor hired by Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 11 of 25 the Contractor. All equal employment opportunity requirements shall be included in all non-exempt subcontracts entered into by the Contractor. Subcontracts entered into by the Contractor shall also include all other applicable labor provisions. No subcontract shall be awarded to any noncomplying subcontractor . Additionally, the Contractor shall insert in its subcontracts a clause requiring subcontractors to include these provisions in any lower tier subcontracts that may be made. The Contractor shall comply with all state laws and local ordinances. SECTION 17: INDEMNIFICATION 17.1 The Contractor and any subcontractors shall indemnify, defend and hold harmless the City, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or its subcontractors and other persons employed or utilized by the Contractor or its subcontractors in the performance of the contract; irrespective of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence or willful, wanton, or intentional misconduct of the City or its officers, directors, agents, or employees. Upon request of the City, the Contractor or its subcontractors shall, at no cost or expense to the City, indemnify and hold the City harmless of any suit asserting a claim for any loss, damage, or liability specified above, and the Contractor or its subcontractors shall pay any cost and reasonable attorneys’ fees that may be incurred by the City in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the City waiving its sovereign immunity under Florida Statute §768.28 or any other sovereign or governmental immunity, nor an admission of any liability. This provision shall sur vive the termination of this agreement. SECTION 18: INSURANCE 18.1 The Contractor shall obtain or possess and continuously maintain the following insurance coverage from a company or companies with a Best Rating of A - or better, authorized to do business in the State of Florida and a form acceptable to the City and with only such terms and conditions as may be sufficient to the City: 18.1.1 Worker’s Compensation: The Contractor shall provide and maintain Coverage for all employees for statutory limits as required by the State of Florida’s Statutory Workers’ Compensation Law and all applicable Federal laws. Any policy must include the Employer’s Liability with minimum limits of $1,000,000 for each accident and a waiver of subrogation. 18.1.2 Comprehensive General Liability: The Contractor shall provide minimum combined single limits of $1,000,000.00 for each occurrence / $2,000,000.00 general aggregate for bodily injury and property damage Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 12 of 25 liability. This shall include premises/operations, personal & advertising injury, products & completed operations, broad form property damage, personal and advertising injury, and contractual liability coverage. 18.1.3 Comprehensive Automobile Liability: The Contractor shall provide minimum liability limits of $1,000,000.00 for each accident, combined with a single limit for bodily injury and property damage. This shall include coverage for: 18.1.3.1 Owned Automobiles 18.1.3.2 Hired Automobiles 18.1.3.3 Non-Owned Automobiles 18.1.4 Umbrella/Excess Liability: The Contractor shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Comprehensive General Liability, Automobile Liability, and Employers’ Liability. **This coverage is optional if the CONTRACTOR carries $2,000,000 Commercial General Liability Insurance with a $2,000,000 general aggregate** 18.1.5 All insurance other than Worker’s Compensation to be maintained by the Contractor shall specifically include the City as an additional insured. 18.2 The Contractor shall provide certificates of insurance to the City , evidencing that all such insurance is in effect before the issuance of the first purchase order under this agreement from the City. These certificates of insurance shall become part of this agreement. Neither approval by the City nor failure to disappro ve the insurance furnished by a Contractor shall relieve the Contractor of the Contractor’s full responsibility for performance of any obligation , including the Contractor’s indemnification of the City under this agreement. If, during the period which an insurance company is providing the insurance coverage required by this agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best’s Rating and Financial Size Category, the Contractor shall, as soon as the Contractor knows any such circumstance, immediately notify the City and immediately replace the insurance coverage provided by the insurance company with a different insurance company m eeting the requirements of this agreement. Until the Contractor has replaced the unacceptable insurer with insurance acceptable to the City, the Contractor shall be deemed to be in default of this agreement. 18.3 The insurance coverage shall contain a provision that requires that before any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the City by submission of a new certificate of insurance. 18.4 The Contractor shall furnish a certificate of insurance directly to the City’s procurement/contracts manager. The certificates shall indicate that the Contractor Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 13 of 25 has obtained insurance of the type, amount, and classification required by this agreement. 18.5 Nothing in this agreement or any action relating to this agreement shall be construed as the City’s waiver of sovereign immunity beyond the limits outlined in Section 768.28, Florida Statutes. 18.6 The City shall not be obligated or liable under the terms of this agreement to any party other than the Contractor. There are no third -party beneficiaries to this agreement. 18.7 The Contractor is an independent Contractor and not an agent, representative, or employee of the City. The City shall have no liability except as specifically provided in this agreement. 18.8 All insurance shall be primary to, and not contribute to, any insurance or self - insurance maintained by the City. SECTION 19: STANDARDS OF CONDUCT 19.1 The Contractor shall promptly notify the City in writing of the filing of any voluntary or involuntary petition for bankruptcy and/or any insolvency of the Design-Builder or any of its subcontractors involved in the provision of the Services under this Agreement. 19.2 The Contractor hereby certifies that no undisclosed (in writing) conflict of interest exists concerning the agreement, including, but not limited to, any conflicts that may be due to the representation of other clients, customers, or vendees, other contractual relationships of the Contractor, or any interest in property that the Contractor may have. The Contractor further certifies that any conflict of interest arising during this agreement's term shall be immediately disclosed in writing to the City. Violation of this Section shall be considered as justification for immediate termination of this agreement. 19.3 If the City determines that any employee or representative of the Contractor is not satisfactorily performing his/her assigned duties or is demonstrati ng improper conduct under any assignment or work performed under this agreement, the City shall notify the Contractor in writing. The Contractor shall immediately remove such employee or representative of the Contractor from such assignment. 19.4 The Contractor shall not publish any documents or release information regarding this agreement to the media without prior approval of the City. 19.5 The Contractor shall certify, upon request by the City, that the Contractor maintains a drug-free workplace policy following Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination of this agreement. Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 14 of 25 19.6 If the Contractor or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action will result in termination of this agreement by the City. Under a contract with any public entity, the contractor, supplier, or subcontractor may not transact business with any public entity above the threshold amount provided in s. 287.017, Florida Statut es for CATEGORY TWO for 36 months after being placed on the convicted vendor list. 19.7 Contractor certifies to the best of their knowledge and belief, that they and their principals (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any municipal, City, state or federal department or agency; (2) have not, within a three year period preceding execution of this agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property; (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated above; (4) have not within a three year period preceding execution of this Agreement had one or more public transactions (Federal, State , or local) terminated for cause or default; and (5) will advise the City immediately if their status changes and will explain the change in status. 19.8 The City reserves the right to unilaterally terminate this agreement if the Contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the Contractor in conjunction, in any way, with this agreement. 19.9 The Contractor shall comply with the requirements of the Americans with Disabilities Act (ADA), and all related federal or state laws which prohibit discrimination by public and private entities based on disability. 19.10 The City will not intentionally award publicly-funded contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The City shall consider the employment by the Contractor of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this agreement by the City. 19.11 The Contractor agrees to comply with federal, state, and local environmental, health, and safety laws and regulations applicable to the goods and/or services Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 15 of 25 provided to the City. The Contractor agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors, or the surrounding environment will ensure compliance with all employment safety, environmental, and health laws. 19.12 The Contractor shall ensure that all goods and/or services are provided to the City after the Contractor has obtained any permits, licenses, permissions, approvals, or similar consents at its sole and exclusive expense. 19.13 If applicable, per Section 216.347, Florida Statutes, the Contractor shall not use funds provided by this agreement to lobby the Legislature, the judicial branch, or state agency. Furthermore, Contractor shall not, in connection with the contract, directly or indirectly (1) offer, confer, or agree to conf er any pecuniary benefit on anyone as consideration for any City officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any City officer or employee. “Gratuity” means any payment of more than nominal monetary value in cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, money deposits, services, employment, or contracts. 19.14 The Contractor shall advise the City in writing who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. 19.15 The Contractor shall not engage in any action that would create a conflict of interest in the performance of that actions of any City employee or other person during the performance of, or otherwise related to, this agreement or which w ould violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. SECTION 20: PUBLIC RECORDS 20.1 The Contractor will keep and maintain public records required by the City to perform the service. Upon request from the City’s custodian of public records, the Contractor will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Upon completion of the Agreement, the Contractor will transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. The Contractor will ensure that the public records that are exempt or confidential and exempt from public records disclosure re quirements are not disclosed except as authorized by law for the term of the Agreement and following completion of the Agreement if the Contractor does not transfer the records to the City. If the Contractor keeps and maintains public records upon completion of the Agreement, Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 16 of 25 the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatibl e with the information technology system of the City. If the Contractor does not comply with the City’s request for public records, the City shall enforce the provisions of the Agreement per the terms of the Agreement and may terminate the Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT : CITY CLERK PHONE: 772-388-8215 EMAIL: JWILLIAMS@CITYOFSEBASTIAN.ORG. ADDRESS: 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958 SECTION 21: CODES AND DESIGN STANDARDS 21.1 All services to be performed by the Contractor shall, at a minimum, be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any federal, state, and local regulatory agencies. 21.2 The Contractor shall be responsible for keeping apprised of any changing laws applicable to the goods and/or services to be performed under this agreement. SECTION 22: ASSIGNABILITY 22.1 The Contractor shall not sublet, assign, or transfer any interest in this agreement or claims for the money due or to become due out of th is agreement to a bank, trust company, or other financial institution without written City approval. When approved by the City, written notice of such assignment or transfer shall be furnished promptly to the City. 22.2 The Contractor agrees to reasonably par ticipate in the contract “piggybacking” programs pertinent to local governments. SECTION 23: SUBCONTRACTORS 23.1 Any Contractor’s proposed subcontractors shall be submitted to the City for written approval before the Contractor enters a subcontract. Subcontractor information Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 17 of 25 shall include, but not be limited to, state registrations, business address, occupational license tax proof of payment, and insurance certifications. 23.2 The Contractor shall coordinate the provision of goods and/or ser vices and work product of any City approved subcontractors and remain fully responsible for such goods and/or services and work under the terms of this agreement. 23.3 Any subcontract shall be in writing and shall incorporate this agreement and require the subcontractor to assume the performance of the Contractor’s duties commensurately with the Contractor’s responsibilities to the City under this agreement; it is understood that nothing herein shall in any way relieve the Contractor from any of its duties under this agreement. The Contractor shall provide the City with executed copies of all subcontracts. 23.4 The Contractor shall reasonably cooperate with the City and othe r City Contractors and professionals. SECTION 24: CONTROLLING LAWS/VENUE/INTERPRETATION/WAIVER OF JURY TRIAL 24.1 The laws of the State of Florida shall govern the agreement. In the event of litigation arising under this agreement, the venue of such action s hall be an appropriate State or Federal Court in and for Indian River County, Florida. The parties agree that in the event of litigation arising from this agreement, each shall waive any right to trial by jury. 24.2 This agreement is the result of bona fide arms-length negotiations between the City and the Contractor, and all parties have contributed substantially and materially to the preparation of the agreement. Accordingly, this agreement shall not be construed or interpreted more strictly against any o ne party than against any other party. SECTION 25: FORCE MAJEURE 25.1 Neither party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, pandemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 18 of 25 SECTION 26: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT. 26.1 This agreement and the exhibit(s) constitute the entire integrated agreement between the City and the Contractor and supersedes all prior written or oral understandings in connection therewith. This agreement and all the terms and provisions contained herein, including without limitation the exhibi ts hereto, constitute the full and complete agreement between the parties hereto to the date hereof and supersedes and controls over any prior agreements, understandings, representations, correspondence, and statements whether written or oral. 26.2 This agreement may only be amended, supplemented, or modified by a formal written amendment. 26.3 Any alterations, amendments, deletions, or waivers of the provisions of this agreement shall be valid only when expressed in writing and duly signed by the parties. SECTION 27: NOTICES 27.1 Whenever either party desires to give notice unto the other, it must be given by written notice, sent by email and/or registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified. The place for giving notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. 27.2 For the present, the parties designate the following as the representative places for giving of notice, to wit: TO THE CITY: City Manager Procurement/Contracts Manager City of Sebastian City of Sebastian 1225 Main Street 1225 Main Street Sebastian, FL 32958 Sebastian, FL 32958 P: 772-388-8231 E: jessgraham@cityofsebastian.org TO THE CONTRACTOR: Lady Rivera Sage Services Inc. 2334 SW Alminar St Port St Lucie, FL 34953 P: 772-877-1721 E: Sageservicesinc@gmail.com 27.3 Written notice requirements of this agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 19 of 25 hereunder. The Contractor agrees not to claim any waiver by the City of such notice requirements based upon the City having actual knowledge, implied, verbal or constructive notice, lack of prejudice, or any other grounds as a substitute for the failure of the Contractor to comply with the express written notice requirements herein. Computer notification (e-mails and message boards) shall not constitute proper written notice under the terms of the agreement. SECTION 28: WAIVER 28.1 The failure of the City to insist in any instance upon the strict performance of any provision of this agreement or to exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. SECTION 29: NO GENERAL CITY OBLIGATION 29.1 In no event shall any obligation of the City under this agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City, or a general obligation or indebtedness of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 29.2 The Contractor shall not have the right to compel th e exercise of the ad valorem taxing power of the City. SECTION 30: EXHIBITS 30.1 Each exhibit referred to and attached to this agreement is an essential part of this agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this agreement. SECTION 31: SEVERABILITY/CONSTRUCTION 31.1 If any term, provision, or condition contained in this agreement shall, to any extent, be held invalid or unenforceable, the remainder of this a greement, or the application of such term, provision, or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision, and condition of this agreement sha ll be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 31.2 All provisions of this agreement shall be read and applied in para materia with all other provisions hereof. Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 20 of 25 SECTION 32: SURVIVAL 32.1 All express representations, waivers, indemnifications, and limitations of liability included in this agreement shall survive completion or termination of the agreement for any reason. Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 21 of 25 IN WITNESS WHEREOF, the parties hereto have made and exe cuted this agreement on the respective dates under each signature: the City through its City Council taking action on the _________, day of _________________, 2025 and the Contractor signing by and through its duly authorized corporate officer having the complete authority to execute same. ATTEST: SAGE SERVICES INC. By: __________________________ __________________________ Witness Lady Rivera, President Date: ______________________ ATTEST: CITY OF SEBASTIAN, FL By: __________________________ __________________________ Jeanette Williams, MMC Brian Benton, City Manager City Clerk Date: ______________________ For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. _________________________________ Jennifer D. Cockcroft, Esq. City Attorney Document ID: 88FFA48F6994D0607E89E820B78B012B LADY RIVERA 09/09/2025 ID: 10044F22-837C-40CB... Digitally signed by <marisol.uribed@gmail.co m> September 09, 2025 01:18 PM EDT 10th September ID: CACA0A29-34F5-4CA... Digitally signed by <jcockcroft@cityofsebastia n.org> September 18, 2025 10:10 AM EDT ID: FBA7C86A-C1BE-4FD... Digitally signed by <bbenton@cityofsebastia n.org> September 18, 2025 11:42 AM EDT 09/18/2025 ID: 16A486A7-6221-46A7... Digitally signed by <jwilliams@cityofsebastia n.org> September 18, 2025 11:50 AM EDT 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 22 of 25 Exhibit “A” Scope of Services Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 4/2025 Page 5 of 49 SECTION 2 – SCOPE OF WORK 2.1 SCOPE OF WORK 2.1.1 The awarded Contractor agrees to furnish all supervision, labor, materials, supplies, equipment, and tools necessary to perform mowing maintenance services at various locations throughout the City of Sebastian, on an as - needed basis. Services include, but are not limited to, power blade edging, Weed eating, and trash pickup. 2.1.2 Contractors may submit bids for one or more sections. Each section will be awarded in its entirety, and Contractors may be awarded one or more sections. The City reserves the right to award the work a manner that is in its best interest. 2.1.3 AVAILABILITY OF FUNDS: The City's obligations under this agreement are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the City of Sebastian City Council. 2.2 WORK AREAS - ROW 2.2.1 Mowing shall be done in the City Right of Way areas for the unimproved lots on all collector and City unit roads, respectively. Refer to the Attachment B Map for road locations. 2.2.2 The sites have been divided into two categories (Collector right of way and Other Road Right of Ways) according to the frequency of service and site type. A. Collector Road Right of Ways: The Fourteen (14) Collector right-of- way areas shall be mowed approximately twenty-four (24) times per year. The Collector Roads are as follows: 1. Barber Street 2. Schumann Drive 3. Wimbrow Drive 4. Fleming Street 5. Main Street 6. Laconia Street 7. Easy Street 8. Englar Drive 9. Powerline Road 10. Periwinkle Drive 11. Bevan Drive Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 4/2025 Page 6 of 49 12. South Easy Street 13. Lake Drive 14. South Wimbrow B. Other Road Right of Ways: All other right of way areas along City Unit Roads, excluding the Collector Roads, shall be mowed approximately nine (9) times per year. Lots in alleyways are included in this group. 2.2.3 The Contractor is responsible for the cutting of rear ditches within easement boundaries in such a manner that a clear line of sight is seen within the easement, both side to side and top to bottom. 2.2.4 The Contractor shall mow the grass/turf to a height that shall not exceed four (4) inches. The Contractor shall perform in conjunction with the mowing activity all the necessary edging and trimming of grass around all fixed obstacles and structures located along and within designated areas, including but not limited to catch basins, posts, poles, trees, etc. Contractor shall leave the area in a neat and uniform condition after mowing. 2.3 WORK AREAS – DITCHES 2.3.1 Contractor shall perform mowing services (cut) up to four (4) times per calendar year. The City reserves the right, at its sole discretion, to authorize a fifth (5th) cut on an as-needed basis. If a fifth (5th) cut is authorized, it shall be performed at the same unit price as the first four (4) cuts. Refer to Attachment C for the locations of the ditches and Attachment D for the Stormwater Treatment Facility Map. 2.3.2 Ditches are divided into nine (9) sections as listed below: 1. Section 1 - includes all rear and side ditches, and Blossom Ditch 2. Section 2 - includes all rear and side ditches, and Twin Ditch to outfall and Golf Course Road right of way. 3. Section 3 - Includes all rear and side ditches and Powerline Rd Ditches 4. Section 4 - includes all rear and side ditches and Alleyways 5. Section 5 - includes all rear and side ditches, Alleyways, Arbor Ditch, and Balboa Ditch 6. Section 6 - includes all rear and side ditches, Alleyways, Arbor Ditch , and Balboa Ditch Special Ditches / Stormwater Treatment Facility 7. Laconia Ditch - Mow 3 times per year 8. Day Dr to Retention Pond & Pond at Day Dr - Mow 1 time per year (at Cities discretion) Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 4/2025 Page 7 of 49 9. Stormwater Treatment Facility- Mow 1 time per year (at the City's discretion) 2.4 WORK REQUIREMENTS 2.4.1 The Contractor is responsible for mowing the full extent of the designated length and width of each right-of-way area. Any right-of-way areas that cannot be mowed the entire width due to the existing field conditions shall be mowed from the roadway to two (2) feet behind the swale water flow line as a minimum or as otherwise directed by the City of Sebastian. 2.4.2 Before starting any mowing activity, the Contractor shall remove and dispose of any litter and debris such as palm fronds, tree -shrub limbs and cuttings, glass, paper, cans, tires, hub caps, boxes, wood, cable , and any other materials encountered in the designated mowing areas using all means necessary. 2.4.3 The Contractor shall mow the grass/turf to a height that shall not exceed four (4) inches. The Contractor shall perform in conjunction with the mowing activity all the necessary edging and trimming of grass around all fixed obstacles and structures located along and within designated areas including but not limited to sidewalks, curbs, gutters, posts, poles, trees, shrubs, fire hydrants, end walls, flower beds, buildings, etc. Contractor shall leave the area in a neat and uniform condition after mowing. Note: grassy areas between the road and the sidewalk are to be mowed by the Contractor, whether the area is improved or unimproved, as some homeowners tend not to mow this area. 2.4.4 Curb and sidewalk edging shall be accomplished by mechanical methods only. No herbicide applications shall be done for edging purposes. The Contractor shall edge the back of curbs and gutters. Gutters shall be left in a neat condition and free of grass, weeds, and related clippings, such that drainage is not impaired. 2.4.5 Work shall be performed in drainage swales. The Contractor shall maintain the existing slopes during the performance of the work. In areas with standing water and/or too wet to support mechanical mowing equipment, work shall be performed utilizing hand-trimming methods. These areas shall be left in a neat and uniform condition, and all cut debris shall be removed from the drainage swales immediately to prevent possible drainage obstructions. 2.4.6 The Contractor shall be responsible for the immediate clean-up of litter and cut debris thrown or dragged by his equipment onto adjacent property and roadways. Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 4/2025 Page 8 of 49 2.4.7 The Contractor shall be responsible for the proper disposal of all litter and debris removed by them from the designated mowing areas. 2.4.8 Stockpiling of debris on or along the designated work areas shall not be permitted. If the City deems stockpiling necessary, it shall be conducted at specific locations approved by the City. Mowing operations shall be performed in such a manner to reduce airborne dust and other particulates. 2.5 PROPERTY DAMAGE 2.5.1 The Contractor shall exercise the necessary care during all work activities and avoid damages to any private and/or public structures and vegetation including but not limited to utilities, signs, poles, fences, concrete structures, culvert pipes, sprinkler heads, storm water swale line/slopes, trees, shrubs, planting beds, mulching rings, etc. Damages caused by the Contractor shall be reported to the City immediately. The Contractor shall be responsible for the repairs of damages caused by them to any private or public property. 2.5.2 The City and the Contractor will agree on the most effective way to accomplish the repairs. The work to repair the damages may be performed by the Contractor or by others. Work shall be performed as soon as reasonably possible. Damages caused by the Contractor, subcontractor or supplier shall be reported by the Contractor immediately to the City of Sebastian. Vandalism or storm damage shall be reported to the City as soon as possible. 2.6 ADDITION AND REMOVAL OF LOCATIONS 2.6.1 The City of Sebastian reserves the right to add or remove locations identified on the attached maps (Attachments B, C, and D) from the agreement and will not be held to any minimum/maximum dollars for the term of this agreement. 2.7 MISCELLANEOUS NON-BID ITEMS 2.7.1 The City may negotiate with the Contractor(s) on Miscellaneous Non-Bid Items necessary for the successful completion of the mowing services. 2.8 CONTRACTOR’S EMPLOYEES 2.8.1 Any employee of the contractor performing work at City Facilities, on behalf of the contractor, must be identifiable by: A. A company uniform; B. Company issued ID; C. A Vehicle Marked with the Company Name. Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 4/2025 Page 9 of 49 2.8.2 The awarded contractor shall only assign employees who are competent, skilled and licensed to work under this contract. 2.9 INSPECTION 2.9.1 The Contractor must notify the requesting department upon completion of the work to allow for timely inspections for compliance with the requirements of this specification and as a condition of payment. 2.9.2 The Contractor must submit completion photos to the requesting department. 2.10 UNSATISFACTORY EQUIPMENT AND/OR SERVICES 2.10.1 The City will discuss all instances of unacceptable equipment and/or services with the awarded Contractor. The Contractor shall immediately rectify the Issue at no charge to the City, including any labor and materials as may be applicable. 2.10.2 During this time, the City may suspend service with the Contractor until the problem(s) are corrected or may elect to use another company on an emergency basis. A record of failure to perform or of an unsatisfactory performance may result in supplier debarment. 2.11 PERFORMANCE EVALUATION 2.11.1 A work performance evaluation will be conducted periodically to ensure compliance with the Contract. 2.12 PRICING 2.12.1 The pricing under this Bid shall remain firm throughout the initial term of this agreement/contract. No pricing increases will be permitted during the initial term unless approved by the City Council through a contract amendment. 2.13 INVOICING 2.13.1 Invoices will be submitted monthly, at the end of the month, based on the number of completed cuts. 2.14 CONTRACTOR MINIMUM QUALIFICATIONS 2.14.1 Must be registered with the State of Florida, Division of Corporations, to do business in Florida. Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 4/2025 Page 10 of 49 2.14.2 Bidder must possess three (3) years experience providing right of way and ditch mowing services. 2.14.3 Vendor must have been in business under the same FEIN number for past three (3) years. Evidence should be submitted with the bid submittal 2.14.4 Contractor shall have sufficient equipment to complete the Scope of Work. The City shall have the option to inspect the Contractor’s equipment, and if found deficient, it shall be the basis for rejection of Contractor’s bid. 2.14.5 If the bidder’s business is located in Sebastian, FL, or Indian River County, they must provide a copy of their business tax receipt. 2.14.6 Bidders that do not meet the minimum requirements listed herein as determined by the City, at its sole discretion, will be deemed non-responsive and not considered for award. All decisions made by the City are final. 2.14.7 No contract will be awarded to any proposer who, as determined by the CITY, has an unsatisfactory performance record, inadequate experience, lack of organization, labor, and equipment to perform the required services, and is in arrears to the CITY on a debt or contract or is a defaulter on surety to the CITY or whether the proposer’s taxes or assessments are delinquent. The City has the right to disqualify any proposer who does not meet a ny or all qualifications necessary as determined by the City. 2.15 INSURANCE 2.15.1 The City of Sebastian is to be specifically included as an additional insured on all insurance certificates (except Worker's Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. A renewal certificate shall be issued thirty (30) days before said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. 2.15.2 Before starting and until acceptance of the work by the City, Awa rded Contractor shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract. 2.15.3 The certificate holder shall read: City Of Sebastian 1225 Main Street Sebastian, FL 32958 Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 4/2025 Page 11 of 49 2.15.4 Minimum coverage with limits and provisions are as follows: A. Commercial General Liability: The contractor shall provide Commercial General Liability insurance. This shall include premises/operations, personal & advertising injury, products, completed operations, contractual liability, specifically confirming and ensuring the indemnification and hold harmless clause of the contract. This insurance policy shall be considered primary to and not contributing to any insurance the City maintains. It shall name the City as an additional insured with a waiver of subrogation noted on the Certificate of L iability. The policy of insurance shall be written on an “occurrence” form. B. The contractor shall obtain insurance which shall at least meet the following minimum limits: a) Per Occurrence: $1,000,000 • General Aggregate: $2,000,000 C. Business Automobile: The contractor shall provide Business Coverage Automobile Insurance, which shall protect the contractor from claims for damage for personal injury, bodily injury including accidental death, as well as claims for property damages which may arise from operations under this contract whether such operations are by himself or by anyone directly or indirectly employed by him. Coverage shall include owned, non-owned, hired and rented vehicles. The contractor shall obtain insurance which shall at least meet the following minimum limits: a) Bodily Injury and Property Damage: • Combined Single Limit (each Accident): $1,000,000.00 D. Workers' Compensation: The contractor shall provide and maintain workers’ compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Florida (Florida Statutes Chapter 440). Exemption certificates to this requirement are not acceptable. The Contractor shall obtain insurance that shall at least meet the following minimum limits: a) State Worker’s Compensation: Statutory b) Employer’s Liability: $1,000,000.00 Each Accident $1,000,000.00 Disease, Policy Limit $1,000,000.00 Disease, Each Employee Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 4/2025 Page 12 of 49 E. Umbrella/ Excess Liability: The contractor shall provide umbrella/excess coverage with limits of no less than $1,000,000 excess of Commercial General Liability, Automobile Liability and Employers Liability. *This coverage is optional if Successful Bidder has $2,000,000 General Aggregate under the Commercial General Liability Policy. ** 2.15.5 An endorsement to the Commercial General Liability or Automobile Liability policy, covering Contractor’s or subcontractor’s liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related clean-up cost incurred by the Contractor that arise from the Goods delivered or Services (including transportation risk) performed by Contractor under this Contract is also acceptable. 2.15.6 The Contractor shall declare any self-insured retention or deductible amount over $5,000 for any policy. The City reserves the right to reject any self-insured retention or deductible over $5,000. 2.15.7 All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, the contractor shall ensure that all subcontractors comply with the insurance requirements set forth in this Agreement. The City may request a copy of the insurance policy according to the nature of the project. The city reserves the right to accept or reject the insurance carrier. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Document ID: 88FFA48F6994D0607E89E820B78B012B Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 7/2025) Page 1 of 7 ADDENDUM NO. 1 POSTING DATE: July 31, 2025 25-19-ITB Citywide Right of Way and Ditch Mowing The original Invitation to Bid shall remain in full force and effect, except as modified herein, which shall take precedence over any contrary provisions in the prior documents. SECTION I: CLARIFICATIONS 1. N/A SECTION II: QUESTIONS 1. QUESTION: In regards to the following 3 Special Ditches / Stormwater Treatment Facility, the mowing frequency is 3 times per year, 1 time per year and 1 time per year respectively. Is the City of Sebastian or another contractor also providing mowing services for these locations throughout the year as well? Special Ditches / Stormwater Treatment Facility: Laconia Ditch - Mow 3 times per year Day Dr to Retention Pond & Pond at Day Dr - Mow 1 time per year (at the City's discretion) Stormwater Treatment Facility- Mow 1 time per year (at the City's discretion) ANSWER: No other contractors will be used for mowing purposes; however, the City can supplement work with City staff at the discretion of the City. If indeed the City of Sebastian or another contractor is providing mowing services for these locations throughout the year, how often are mowing services being provided throughout the year for each location? We are trying to figure out how much overgrowth we will be finding in each location. ANSWER: No other contractors will be used for mowing purposes; however, the City can supplement work with City staff at the discretion of the City . 2. QUESTION: Once the contract is awarded, if at any time during the fiscal year funding is not sufficient to cover the amount, of estimated cycles stated on the bid, does the City of Sebastian continue to mow the locations in -house? Or are the cycles completely skipped and shortened due to insufficient funds? We are trying to factor in the possibility of finding overgrowth if funds are not sufficient. Document ID: 88FFA48F6994D0607E89E820B78B012B Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 7/2025) Page 2 of 7 ANSWER: The City can supplement work with City staff at the discretion of the City. 3. QUESTION: Can you please confirm the limits (start point and end point) for Special Ditches / Stormwater Treatment Facility: 7. Laconia Ditch ANSWER: The Stormwater Treatment Facility from Englar to Schumann. Laconia Ditch from Landsdown to the Stonecrop Retention Pond. 4. QUESTION: Can the City please provide the boundaries of the entire Laconia Ditch? We've had confusion about the areas that are included in this ditch run as a whole. ANSWER: Weed whack the top of the bank to the flow line. 5. QUESTION: Are there 3 Additional Main Rds. added to the Scope from the prior contract- Lake Dr, Bevan Dr & Periwinkle? ANSWER: Lake Dr, Bevan Dr & Periwinkle will be added to the bid. 6. QUESTION: - Side Rds.- Vacant Lots- Many of the Vacant lots have water in the flow lines and are not able to be mowed with a mower. Does this mean that those areas have to be cut by hand? Also, the debris that has been cut has to be cleared from the drainage basins? ANSWER: Yes, to both questions 7. QUESTION: It is our understanding that the provided map is only showing vacant lots in the city. We do not see any of the city Right of Ways that have been maintained for years in this contract. We also do not see both alleyways that are usually a part of maintenance as well. Are these areas being removed from the Scope of Work? The areas are as follows: **ALL areas in front of the drainage ditches next to the road North Side of Sebastian Blvd in reference to the attached map- from Left to Right: 1. ROW of Potomac Ave & Gardenia St 2. Main St areas without homes from the City Hall to the first house and across the Street up to US1- Including the Area around the RR tracks 3. Main St- Island at Fleming 4. Powerline Rd- Large ROW starting from the end of the neighborhood across from the Post Office to Sebastian Blvd Document ID: 88FFA48F6994D0607E89E820B78B012B Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 7/2025) Page 3 of 7 5. Powerline Rd- ROW Starting past the elementary school skipping the substation and apartments & past that to the Post Office ANSWER: 2-5 will be included in the bid. South Side of Sebastian Blvd- Starting from Left to Right on Map: 1. Both Alley Ways- Both Sides of Rd where needed 2. ROW of Starboard St, Star Place, Roulette, Majestic, Stonecrop (long run), Sunport to Gladiola 3. ROW at the One way on Laconia 4. ROW of the City owned Property- Large Island of Property- off of Concha, Ridgley and circles back to Concha 5. ROW at Lanfair Ave, Ocean Breeze St, Lighthouse Ave & Shakespeare St ANSWER: 1-5 will be included in the bid. Back up to the Top the Map South of Sebastian Blvd following it down: 1. ROW around City Owned land at Melrose Ln, Crown St & Celtic Ave 2. ROW around the Island of land at Barber St, Adams St & Acorn Terr 3. Island at Skyline Terr 4. ROW at South Fleming St. starting past shopping plaza mowing past the charter school to the first house and across the street on S. Fleming St. f rom the first house up to the Funeral Home ANSWER: ROW around City Owned land at Melrose Ln, Crown St & Celtic Ave will be included in the bid. ANSWER: ROW around the Island of land at Barber St, Adams St & Acorn Terr, and the Island at Skyline Terr will also be included in the bid. ANSWER: ROW at South Fleming St., starting past the shopping plaza, mowing past the charter school to the first house, and across the street on S. Fleming St. from the first house up to the Funeral Home will be completed by City staff and not included in the bid ROW at S. Easy Sy from #729 to the stop sign at S. Fleming St ANSWER: ROW at S. Easy Sy from #729 to the stop sign at S. Fleming St will be completed by City staff and not included in the bid. ROW at Englar Dr. from George St to Schumann Dr- all areas without homes ANSWER: ROW at Englar Dr. from George St to Schumann Dr- all areas without homes will be completed by City staff and not included in the bid. Document ID: 88FFA48F6994D0607E89E820B78B012B Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 7/2025) Page 4 of 7 ROW at Kildare Dr- All areas without homes- forgot to mark on the map ANSWER: ROW at Kildare Dr- All areas without homes- forgot to mark on the map will be completed by City staff and not included in the bid. ROW at Schumann Dr at Cornerstone Baptist to Large Canal and across the st at Kildare Dr & Schumann Dr to waterway ANSWER: ROW at Schumann Dr at Cornerstone Baptist to Large Canal and across the st at Kildare Dr & Schumann Dr to waterway will be completed by City staff. ROW at Lance St, Gilson Ave, Concord Ave, Essex Ln & RR Crossing ANSWER: ROW at Lance St, Gilson Ave, Concord Ave, Essex Ln & RR Crossing will be completed by City staff and not included in the bid. ROW at Schumann Dr between Empress Ave & S. Easy St ANSWER: ROW at Schumann Dr between Empress Ave & S. Easy St will be completed by City staff and not included in the bid. ROW at Schumann Dr - Both Sides of the road where there are no homes from S. Easy St following past Pelican Island Elementary and Barber St to the City of Sebastian sign which is past the Daycare- Fantastic Kids ANSWER: ROW at Schumann Dr - Both Sides of the road where there are no homes from S. Easy St, following past Pelican Island Elementary and Barber St to the City of Sebastian sign, which is past the Daycare- Fantastic Kids will be included in the bid. ROW at Barber St from Schumann Dr- both sides of the road where there are no homes all the way to Publix ANSWER: ROW at Barber St from Schumann Dr- both sides of the road where there are no homes, all the way to Publix will be included in the bid. ROW of Keystone Dr, all of Bristol St & Alhambra Ave ANSWER: ROW at Keystone Dr, all of Bristol St & Alhambra Ave will be included in the bid. ROW of Day Dr- All Areas without Homes ANSWER: ROW of Day Dr- All Areas without Homes will be included in the bid. ROW of Pelican Island Place- All Areas without Homes Document ID: 88FFA48F6994D0607E89E820B78B012B Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 7/2025) Page 5 of 7 ANSWER: ROW of Pelican Island Place- All Areas without Homes will be included in the bid SECTION III: REVISIONS TO THE SCOPE OF WORK Page 6, WORK Areas - ROW, shall be amended to add paragraph C. C. Temporary ROW Maintenance: The City-owned lots identified below have been transferred to Habitat for Humanity. The Contractor shall perform right-of-way (ROW) maintenance on these lots at the discretion of the City for the duration of the contract. i. Surrey Terrace from the Eastern boundary of 1151 Clearmont St to the Western boundary of 722 Surrey Terrace ii. City block bordered by Concha Dr, Horizon Terrace, and Ocean Cove St, all ROWs iii. City block bordered by Acorn Terrace, Adams Street, and Barber St SECTION IV: ATTACHMENTS 1. Human Trafficking Affidavit 2. Sample Contract 3. 25-19-ITB - Attachment B – REVISED Vacant Lot Mowing Maintenance (ROW) Mowing Map Sincerely, Jessica Graham, CPPB Procurement Manager Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 23 of 25 Exhibit “B” ROW Mowing and Ditch Maps Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Vacant Lot Right of Way Mowing Maintenance – Breakdown by Zone – June 2025 Zone 1 Vacant Residential Lots on Major/Minor Collectors: 3 Vacant Residential Lots on Local Streets: 44 3 lots on major/minor collectors, which on average consist of two 12-foot lanes in an 80-foot-wide ROW. 80 ft. – (12 ft. x 2) = 56 feet of remaining ROW, or 28 feet of width to mow in front of the average residential lot on one side of the road. An average residential lot in Sebastian consists of 80 feet of road frontage. With 3 lots on major/minor collectors consisting of 28 ft. width on 80 ft. of road frontage, that equals a total area in Zone 1 of 6,720 square feet or 0.15 acres. 44 lots on local streets, which on average consist of two 10-foot lanes in a 50-foot-wide ROW. 50 ft. – (10 ft. x 2) = 30 feet of remaining ROW, or 15 feet of width to mow in front of the average residential lot on one side of the road. An average residential lot in Sebastian consists of 80 feet of road frontage. With 44 lots on local streets consisting of 15 ft. width on 80 ft. of road frontage, that equals a total area in Zone 1 of 52,800 square feet or 1.21 acres. Zone 2 Vacant Residential Lots on Major/Minor Collectors: 19 Vacant Residential Lots on Local Streets: 76 19 lots on major/minor collectors, which on average consist of two 12-foot lanes in an 80-foot-wide ROW. 80 ft. – (12 ft. x 2) = 56 feet of remaining ROW, or 28 feet of width to mow in front of the average residential lot on one side of the road. An average residential lot in Sebastian consists of 80 feet of road frontage. With 19 lots on major/minor collectors consisting of 28 ft. width on 80 ft. of road frontage, that equals a total area in Zone 2 of 42,560 square feet or 0.98 acres. 76 lots on local streets, which on average consist of two 10-foot lanes in a 50-foot-wide ROW. 50 ft. – (10 ft. x 2) = 30 feet of remaining ROW, or 15 feet of width to mow in front of the average residential lot on one side of the road. An average residential lot in Sebastian consists of 80 feet of road frontage. With 76 lots on local streets consisting of 15 ft. width on 80 ft. of road frontage, that equals a total area in Zone 2 of 91,200 square feet or 2.09 acres. Zone 3 Vacant Residential Lots on Major/Minor Collectors: 36 Vacant Residential Lots on Local Streets: 71 36 lots on major/minor collectors, which on average consist of two 12-foot lanes in an 80-foot-wide ROW. 80 ft. – (12 ft. x 2) = 56 feet of remaining ROW, or 28 feet of width to mow in front of the average residential lot on one side of the road. An average residential lot in Sebastian consists of 80 feet of road frontage. With 36 lots on major/minor collectors consisting of 28 ft. width on 80 ft. of road frontage, that equals a total area in Zone 3 of 80,640 square feet or 1.85 acres. 71 lots on local streets, which on average consist of two 10-foot lanes in a 50-foot-wide ROW. 50 ft. – (10 ft. x 2) = 30 feet of remaining ROW, or 15 feet of width to mow in front of the average residential lot on one side of the road. An average residential lot in Sebastian consists of 80 feet of road frontage. With 71 lots on local streets consisting of 15 ft. width on 80 ft. of road frontage, that equals a total area in Zone 3 of 85,200 square feet or 1.96 acres. Document ID: 88FFA48F6994D0607E89E820B78B012B Zone 4 Vacant Residential Lots on Major/Minor Collectors: 24 Vacant Residential Lots on Local Streets: 251 24 lots on major/minor collectors, which on average consist of two 12-foot lanes in an 80-foot-wide ROW. 80 ft. – (12 ft. x 2) = 56 feet of remaining ROW, or 28 feet of width to mow in front of the average residential lot on one side of the road. An average residential lot in Sebastian consists of 80 feet of road frontage. With 24 lots on major/minor collectors consisting of 28 ft. width on 80 ft. of road frontage, that equals a total area in Zone 4 of 53,760 square feet or 1.23 acres. 251 lots on local streets, which on average consist of two 10-foot lanes in a 50-foot-wide ROW. 50 ft. – (10 ft. x 2) = 30 feet of remaining ROW, or 15 feet of width to mow in front of the average residential lot on one side of the road. An average residential lot in Sebastian consists of 80 feet of road frontage. With 251 lots on local streets consisting of 15 ft. width on 80 ft. of road frontage, that equals a total area in Zone 4 of 301,200 square feet or 6.91 acres. Zone 5 Vacant Residential Lots on Major/Minor Collectors: 22 Vacant Residential Lots on Local Streets: 199 22 lots on major/minor collectors, which on average consist of two 12-foot lanes in an 80-foot-wide ROW. 80 ft. – (12 ft. x 2) = 56 feet of remaining ROW, or 28 feet of width to mow in front of the average residential lot on one side of the road. An average residential lot in Sebastian consists of 80 feet of road frontage. With 22 lots on major/minor collectors consisting of 28 ft. width on 80 ft. of road frontage, that equals a total area in Zone 5 of 49,280 square feet or 1.13 acres. 199 lots on local streets, which on average consist of two 10-foot lanes in a 50-foot-wide ROW. 50 ft. – (10 ft. x 2) = 30 feet of remaining ROW, or 15 feet of width to mow in front of the average residential lot on one side of the road. An average residential lot in Sebastian consists of 80 feet of road frontage. With 199 lots on local streets consisting of 15 ft. width on 80 ft. of road frontage, that equals a total area in Zone 5 of 238,800 square feet or 5.48 acres. Zone 6 Vacant Residential Lots on Major/Minor Collectors: 26 Vacant Residential Lots on Local Streets: 114 26 lots on major/minor collectors, which on average consist of two 12-foot lanes in an 80-foot-wide ROW. 80 ft. – (12 ft. x 2) = 56 feet of remaining ROW, or 28 feet of width to mow in front of the average residential lot on one side of the road. An average residential lot in Sebastian consists of 80 feet of road frontage. With 26 lots on major/minor collectors consisting of 28 ft. width on 80 ft. of road frontage, that equals a total area in Zone 6 of 58,240 square feet or 1.33 acres. 114 lots on local streets, which on average consist of two 10-foot lanes in a 50-foot-wide ROW. 50 ft. – (10 ft. x 2) = 30 feet of remaining ROW, or 15 feet of width to mow in front of the average residential lot on one side of the road. An average residential lot in Sebastian consists of 80 feet of road frontage. With 114 lots on local streets consisting of 15 ft. width on 80 ft. of road frontage, that equals a total area in Zone 6 of 136,800 square feet or 3.14 acres. Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 24 of 25 Exhibit “C” Price Proposal Document ID: 88FFA48F6994D0607E89E820B78B012B Item No.Description Quantity Unit of Measure Each Cut Extended Price 1 Collector Road Right of Ways 24 Cut 4,420.0000$ 106,080.0000$ 2 Other Road Right of Ways 9 Cut 29,445.0000$ 265,005.0000$ 371,085.0000$ 1 Section 1 - Includes all rear and side ditches, and Blossom Ditch 5 Cut 4,980.0000$ 24,900.0000$ 2 Section 2 - Includes all rear and side ditches, and Twin Ditch to outfall and Golf Course Road right of way 5 Cut 5,790.0000$ 28,950.0000$ 3 Section 3 - Includes all rear and side ditches and Powerline Rd Ditches 5 Cut 6,499.0000$ 32,495.0000$ 4 Section 4 - Includes all rear and side ditches and Alleyways 5 Cut 6,399.0000$ 31,995.0000$ 5 Section 5 - Includes all rear and side ditches, Alleyways, Arbor Ditch, and Balboa Ditch 5 Cut 4,469.0000$ 22,345.0000$ 6 Section 6 - Includes all rear and side ditches, Alleyways, Arbor Ditch, and Balboa Ditch 5 Cut 7,199.0000$ 35,995.0000$ 7 Ditch at Laconia 3 Cut 4,980.0000$ 14,940.0000$ 8 Day Dr to Retention Pond & Pond at Day Dr 1 Cut 1,980.0000$ 1,980.0000$ 9 Stormwater Treatment Facility - Includes grass areas adjacent to the ponds in the 166 acre facility 1 Cut 9,960.0000$ 9,960.0000$ 203,560.0000$ $ 371,085.0000 $ 203,560.0000 $ 574,645.0000 SUBTOTAL - ROW Mowing SUBTOTAL - Ditch Mowing Grand Total (Basis of Award) Right of Way Mowing Bid #:25-19-ITB Bid Title: Citywide Right of Way and Ditch Mowing SUBTOTAL - Ditch Mowing Bid line item prices shall be a “all-inclusive” to include, but not limited to, all labor, travel, supervision, equipment, and overhead costs. SUBTOTAL - ROW Mowing Ditches (Contractor shall perform mowing services up to four (4) times per calendar year. The City reserves the right, at its sole discretion, to authorize a fifth (5th) cut on an as-needed basis.) Special Ditches / Stormwater Treatment Facility Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 Document ID: 88FFA48F6994D0607E89E820B78B012B 25-19-ITB, Citywide Right of Way and Ditch Mowing Page 25 of 25 Exhibit “D” Contractor Submittal Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B Document ID: 88FFA48F6994D0607E89E820B78B012B