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HomeMy WebLinkAboutTree Inventory and Condition Assessment Agreement 202526-02-ITB, Tree Inventory and Condition Assessment Page 1 of 24 CITY OF SEBASTIAN AGREEMENT FOR TREE INVENTORY AND CONDITION ASSESSMENT WITH WIREGRASS ECOLOGICAL ASSOCIATES, LLC 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 Wiregrass Ecological Associates, LLC (FEIN: 47-3965150), whose principal and local address is 2897 S Jefferson St, Monticello, FL 32344 hereinafter Contractor WITNESSETH: WHEREAS, the City desires to retain the Contractor for the work identified in the proposal specifications outlined in 26-02-ITB, Tree Inventory and Condition Assessment; and WHEREAS, the City desires to retain the Contractor to provide Tree Inventory and Condition Assessment 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 26-02-ITB, Tree Inventory and Condition Assessment, 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: 107C4CD18767AA8255C583F13C75F925 December17th 26-02-ITB, Tree Inventory and Condition Assessment Page 2 of 24 NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other good and valuable consideration, the receipt and 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 that person or entity, including employees, servants, partners, principals, agents, and assignees providing services under this agreement. 1.2 The City reserves the right to utilize any other contract, including, but not limited to, the following: any state of Florida contract, any contract awarded by any other city or county governmental agencies, other school boards, other community colleges/state university system, cooperative agreements, or to negotiate/purchase per City policy directly. The City also reserves the right to bid separately any item(s) and/or service(s) covered under this agreement, if deemed to be in the City's best interest, at any time during this agreement term. 1.3 This agreement is for Tree Inventory and Condition Assessment, 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 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 Occupations Safety Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 3 of 24 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 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 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 fically 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 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 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 Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 4 of 24 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 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 number, 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 included 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 representation 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 Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 5 of 24 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 such information, which the City may request. The Contractor shall provide r 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 services, 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, submissions in response to the subject bid or procurement processes are incorporated herein by this reference. 6.2 Neither , 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 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 Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 6 of 24 the provision of services under purchase orders. 7.3 The City shall make City personnel available where, in the City 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 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 the 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 , 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 the 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 ds and/or services furnished under this agreement. Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 7 of 24 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 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 hereto. 8.4 There are no reimbursable expenses to be paid to the Contractor except as specifically set forth herein. SECTION 9: PRICE ADJUSTMENTS 9.1 After the initial contract term, the City of Sebastian will consider requests for price adjustment, the City may allow an escalation equal to the Southeastern Consumer Price Index as of May 1st of that current year, not to exceed 3% of that current 9.2 The Contractor shall submit the price request to the Procurement Division at least thirty (30) calendar days before the requested effective increase date. The City may approve a price increase at its sole discretion. 9.3 Any purchase order issued before the approval of the price increase will not be modified. 9.4 The contractor shall be entitled to an automatic increase in labor rates due to minimum wage increases only if a request for adjustment is submitted at least 30 days before the effective change. SECTION 10: INVOICE PROCESS 10.1 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. 10.2 The City will notify the Contractor of any disputable items in invoices submitted by Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 8 of 24 the Contractor within fifteen (15) days of receipt, explaining the deficiencies. 10.3 The City and the Contractor will try to resolve all disputable items in the 10.4 Each invoice shall reference this agreement, the appropriate purchase order and Change Order if applicable, and the billing period. 10.5 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. 10.6 Invoices are to be forwarded directly to the project manager, Richard Blankenship at RBlankenship@cityofsebastian.org. SECTION 11: COMMENCEMENT SCHEDULE OF AGREEMENT 11.1 The Contractor shall commence providing services as described in this agreement upon execution of a purchase order issued by the City. 11.2 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 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 12: TERM/LENGTH OF AGREEMENT 12.1 This project is funded by a Florida Department of Agriculture and Consumer Services grant. The grant is set to expire on August 31, 2026. 12.2 The initial term of this agreement shall end on May 31, 2026. However, the term may be renewed by the parties until the grant expiration date if agreed to in writing at least 30 days before the end of the initial term. Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 9 of 24 12.3 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 13: DESIGNATED REPRESENTATIVES 13.1 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. 13.2 The City Manager, or his/her designated representative, shall have the following responsibilities: 13.2.1 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; 13.2.2 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; 13.2.3 Giving prompt written notice to the Contractor whenever the City officia l representative knows of a defect or change necessary in the project; and 13.2.4 Coordinating and managing the Contractor’s preparation of any necessary applications to governmental bodies to arrange for submission of such applications. 13.3 Until further notice from the City Manager, the designated representative for this agreement is: Richard Blankenship Phone: 772-388-4414 Email: RBlankenship@cityofsebastian.org The Contractor’s designated representative is: Stefan Bourgoin Phone: 229.246.5785 Cell: 256.682.1493 Email: sbourgoin@wiregrasseco.com Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 10 of 24 SECTION 14 - LIQUIDATED DAMAGES 14.1 Upon failure of the Contractor to complete the project by May 31, 2026, 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. 14.2 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 15: TERMINATION FOR CAUSE OR CONVENIENCE. 15.1 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. 15.2 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. 15.2.1 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. 15.3 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. 15.4 EFFECTIVE IMMEDIATELY: This Contract will terminate immediately and absolutely if the City of Sebastian determines that adequate funds are de- appropriated such that the City of Sebastian cannot fulfill its obligations under the Contract, which determination is at the City of Seba be conclusive. Further, the City of Sebastian may terminate the Contract for any one or more of the following reasons,effective immediately without advance notice: (i) In the event the Contractor is required to be certified or licensed as a condition precedent to providing goods and services, the revocation or loss of such license or certification may result in immediate termination of the Contract effective as of the date on which the license or certification is no longer in effect; (ii) The Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 11 of 24 City of Sebastian determines that the actions, or failure to act, of the Contractor, its agents, employees or subcontractors have caused, or reasonably could cause, life, health or safety to be jeopardized; (iii) The Contractor fails to comply with confidentiality laws or provisions; and/or (iv) The Contractor furnished any statement, representation or certification in connection with the Contract or the bidding process which is materially false, deceptive, incorrect or incomplete. 15.5 Upon receipt of notice of termination, the Contractor shall promptly discontinue the provision of all services unless the notice provides otherwise. 15.6 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 agreement. 15.7 This agreement will remain in full force and effect as to all authorized purchase order(s) to be completed as outlined above. SECTION 16: PAYMENT IN THE EVENT OF TERMINATION 16.1 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 17: EQUAL OPPORTUNITY EMPLOYMENT 17.1 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 subcontractor hired by 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. Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 12 of 24 SECTION 18: INDEMNIFICATION 18.1 The Contractor and any subcontractors shall indemnify, defend and hold harmless the City, and its officers and employees, from liabilities, damages, losses, and 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 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 survive the termination of this agreement. SECTION 19: INSURANCE 19.1 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: 19.1.1 s Compensation: The Contractor shall provide and maintain Coverage for all employees for statutory limits as required by the State of laws. Any policy must include the limits of $1,000,000 for each accident and a waiver of subrogation. 19.1.2 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 liability. This shall include premises/operations, personal & advertising injury, products & completed operations, broad form property damage, personal and advertising injury, and contractual liability coverage. 19.1.3 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: Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 13 of 24 19.1.3.1 Owned Automobiles 19.1.3.2 Hired Automobiles 19.1.3.3 Non-Owned Automobiles 19.1.4 Umbrella/Excess Liability: The Contractor shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Liability.**This coverage is optional if the CONTRACTOR carries $2,000,000 Commercial General Liability Insurance with a $2,000,000 general aggregate** 19.1.5 s Compensation to be maintained by the Contractor shall specifically include the City as an additional insured. 19.2 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 disapprove the insurance responsibility for performance of any obligation, 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 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 meeting 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. 19.3 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. 19.4 The Contractor shall furnish a certificate of insurance directly to the City procurement/contracts manager. The certificates shall indicate that the Contractor has obtained insurance of the type, amount, and classification required by this agreement. 19.5 Nothing in this agreement or any action relating to this agreement shall be Section 768.28,Florida Statutes. Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 14 of 24 19.6 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. 19.7 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. 19.8 All insurance shall be primary to, and not contribute to, any insurance or self- insurance maintained by the City. SECTION 20: STANDARDS OF CONDUCT 20.1 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. 20.2 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. 20.3 If the City determines that any employee or representative of the Contractor is not satisfactorily performing his/her assigned duties or is demonstrating 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. 20.4 The Contractor shall not publish any documents or release information regarding this agreement to the media without prior approval of the City. 20.5 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. 20.6 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 Statutes for CATEGORY TWO for 36 months after being placed on the convicted vendor list. Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 15 of 24 20.7 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. 20.8 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. 20.9 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. 20.10 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. 20.11 The Contractor agrees to comply with federal, state, and local environmental, health, and safety laws and regulations applicable to the goods and/or services 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. 20.12 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. Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 16 of 24 20.13 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 confer any pecuniary benefit on 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 payment of more than nominal monetary value in cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, money deposits, services, employment, or contracts. 20.14 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. 20.15 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 would violate or cause others to violate the provisions of Part III, Chapter 112,Florida Statutes, relating to ethics in government. SECTION 21: PUBLIC RECORDS 21.1 The Contractor will keep and maintain public records required by the City to perform the service. Upon 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 requirements 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, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from information technology system of the City. If the Contractor does not comply with 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. Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 17 of 24 21.2 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: SEBASTIAN CITY CLERK 1225 MIAN STREET SEBASTIAN, FL 32958 TELEPHONE: 772-388-8215 EMAIL:JWILLIAMS@CITYOFSEBASTIAN.ORG SECTION 22: CODES AND DESIGN STANDARDS 22.1 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. 22.2 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 23: ASSIGNABILITY 23.1 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 this 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. 23.2 programs pertinent to local governments. SECTION 24: SUBCONTRACTORS 24.1 approval before the Contractor enters a subcontract. Subcontractor information shall include, but not be limited to, state registrations, business address, occupational license tax proof of payment, and insurance certifications. 24.2 The Contractor shall coordinate the provision of goods and/or services 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. Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 18 of 24 24.3 Any subcontract shall be in writing and shall incorporate this agreement and 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. 24.4 The Contractor shall reasonably cooperate with the City and other City Contractors and professionals. SECTION 25: CONTROLLING LAWS/VENUE/INTERPRETATION/WAIVER OF JURY TRIAL 25.1 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 shall 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. 25.2 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 one party than against any other party. SECTION 26: FORCE MAJEURE 26.1 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. SECTION 27: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT. 27.1 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 exhibits 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. Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 19 of 24 27.2 This agreement may only be amended, supplemented, or modified by a formal written amendment. 27.3 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 28: NOTICES 28.1 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. 28.2 For the present, the parties designate the following as the representative places for giving of notice, to wit: TO THE CITY: City Manager Procurement Manager City of Sebastian City of Sebastian 1225 Main Street 1225 Main Street Sebastian, FL 32958 Sebastian, FL 32958 P: 772-388-8231 E:procurement@cityofsebastian.org TO THE CONTRACTOR: Project Manager Wiregrass Ecological Associates 2897 S Jefferson Street Monticello, FL 32344 P:229-246-5785; 256-682-1493 E:sbourgoin@wiregrasseco.com 28.3 Written notice requirements of this agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies 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. Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 20 of 24 SECTION 29: WAIVER 29.1 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 30: NO GENERAL CITY OBLIGATION 30.1 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. 30.2 The Contractor shall not have the right to compel the exercise of the ad valorem taxing power of the City. SECTION 31: EXHIBITS 31.1 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 32: SEVERABILITY/CONSTRUCTION 32.1 If any term, provision, or condition contained in this agreement shall, to any extent, be held invalid or unenforceable, the remainder of this agreement, 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 shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 32.2 All provisions of this agreement shall be read and applied in para materia with all other provisions hereof. SECTION 33: SURVIVAL 33.1 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: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 21 of 24 IN WITNESS WHEREOF, the parties hereto have made and executed 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: WIREGRASS ECOLOGICAL ASSOCIATES, LLC By: ______________________________ ______________________________ Witness Austin Carroll, 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. _________________________________ James D. Stokes Interim City Attorney Document ID: 107C4CD18767AA8255C583F13C75F925 ID: 35CB81FE-1055-4F5F-A2DF-... Digitally signed by <acarroll@wiregrassecological.com> December 05, 2025 01:58 PM EST 12/05/2025 ID: 02A18699-105A-4E13-8A82-... Digitally signed by <ktubbs@soforest.com> December 05, 2025 02:04 PM EST 17th December ID: E639C557-67C1-4AAF-853B... Digitally signed by <jstokes@cityofsebastian.org> December 30, 2025 12:08 PM EST ID: 3EE4D2DC-1C82-4A68-9066... Digitally signed by <bbenton@cityofsebastian.org> January 02, 2026 08:47 AM EST 01/02/2026 ID: 5C9A7684-5D41-4BA4-858... Digitally signed by <ctesta@cityofsebastian.org> January 02, 2026 08:58 AM EST 26-02-ITB, Tree Inventory and Condition Assessment Page 22 of 24 E Scope of Services Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 6 of 30 SECTION 2 SCOPE OF WORK 2.1 SCOPE OF WORK 2.1.1 Public tree inventory projects help communities develop or enhance inventories/assessments of public trees. Up-to-date inventories help provide more efficient and effective urban forest management. 2.1.2 Contractor will provide a Tree Inventory capturing detailed information for each tree in both tabular and GIS formats, including: A.Software Tree Inventory Application database:The City will work with the consultant on choosing the software application to be used for the Tree inventory, such as TreePlotter INVENTORY, i-Tree, or Trees Count applications, which will store all the tree inventory information, and will use learning software to provide guidance for urban planning. B.Tree Identification Number: Automatically generated by GPS based on the order of collection C.Location: Coordinates automatically calculated by GPS D.Species: Identified by genus and species, including both botanical and common names E.Diameter: Measured to the nearest inch at 4 ½ feet above ground (diameter breast height, DBH) F.Condition: Rated according to categories adapted from the International Society of Arboriculture (ISA) rating system: a.Excellent: 100% b.Very Good: 90% c.Good: 80% d.Fair: 60% e.Poor: 40% f.Critical: 20% g.Dead: 0% G.Observations:Noted tree defects and impacts to infrastructure, including: a.Cavity/Decay Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 7 of 30 b.Trunk or Limb Damage c.Co-Dominant Leaders d.Constricted Roots e.Uprooted f.Leaning g.Reduced Canopy h.Improperly Pruned i.Curb/Sidewalk Damage j.Insect Damage H.Maintenance Needs: Primary and secondary needs based on ANSI A-300 standards and arboriculture best practices, including: a.Clearance Pruning b.Crown Raising c.Crown Reduction d.Restoration Pruning e.Structure Pruning f.Crown Cleaning g.Stump/Tree Removal h.Pest Control i.Fertilization I.Overhead Utilities:Presence of overhead utilities noted J.Minimum Growing Space:Assigned based on planting space width to identify current or potential root constriction or infrastructure damage: a.Less than 3 feet b.3 to 5 feet c.5 to 10 feet d.Greater than 10 feet K. Using the collected data, the consultant will prepare a Tree Inventory Summary Report, including: a. Hard Copy Report: Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 8 of 30 i.Color maps with numbered tree locations overlaid on aerial photographs ii.Tables displaying data for inventoried trees b. Digital Report: i.Digital copies of the report in PDF format and tree inventory data in ArcGIS Shape File format ii.Database access for maintenance and updates 2.1.3 Communication plan: provide weekly updates on the status of the project as needed during the inventory process. 2.2 City of Sebastian - Parks & Recreation Map 2.2.1 The link below provides interactive maps with locations, addresses, and acreage of each location. https://cos1225.maps.arcgis.com/apps/dashboards/9f9f0310b0984f15b40 7a1e70ab4da32 2.3 CONTRACTOR MINIMUM QUALIFICATIONS 2.3.1 Must be registered with the State of Florida, Division of Corporations, to do business in Florida. 2.3.2 Vendor must have been in business under the same FEIN number for past three (3) years. Evidence should be submitted with the bid submittal. 2.3.3 A successful Bidder will have completed prior tree inventories using FDACS Forest Service grant funding. Please list these contracts as your references. 2.3.4 One person on the Project Team should be an International Society of Arboriculture (ISA) Certified Arborist and qualified in Tree Risk Assessment Qualification (TRAQ). Each team leader shall be an ISA Certified Arborist at a minimum. 2.3.5 Bidder must be familiar with Tree City, FDACS Forest Service, and U.S.D.A. guidelines. 2.3.6 they must provide a copy of their business tax receipt. 2.3.7 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. Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 9 of 30 2.3.8 No contract will be awarded to any bidder 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 taxes or assessments are delinquent. The City has the right to disqualify any bidder who does not meet any or all qualifications necessary as determined by the City. 2.4 LENGTH OF CONTRACT AND RENEWAL 2.4.1 This project is funded by a Florida Department of Agriculture and Consumer Services grant. The grant is set to expire on August 31, 2026. 2.4.2 This ITB will result in a one-time agreement to complete the scope of work. The contract is expected to have a tentative expiration date of May 31, 2026, to allow for the grant close-out process. 2.5 LIQUIDATED DAMAGES 2.5.1 The contractor agrees to the use of liquidated damages in the event the contractor fails to perform by the provisions herein. The Contractor hereby agrees, as part consideration for awarding the Agreement, to pay the City the sum of One-Hundred Dollars ($100.00), for each and every calendar day that the Contractor shall be in default after the time stipulated in the Agreement for completing the Work. The Contractor and City acknowledge and agree that said sum is not a penalty but liquidated damages for breach of contract 2.5.2 On the occasion where the contractor is in default of 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. 2.6 CITY OF SEBASTIAN LOCAL PREFERENCE Effective October 14, 2009, the City of Sebastian adopted a local vendor preference. Please see City Code Sec. 2-11. Local Vendor Preference Policy for more information. 2.7 PROJECT COORDINATION 2.7.1 A City project manager will oversee all assigned work to ensure adherence submittal of final payment. The project manager will periodically inspect the Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 10 of 30 work being performed to ensure compliance with the agreement's requirements. If the requirements are not satisfactorily being met, the City shall require the contractor to correct any discrepancies, inconsistencies, or faults immediately at no additional cost. The contractor shall understand and agree to the following: A. Contractor shall be solely responsible and assume all liability for the supervision, direction of all work, and for all means, methods, techniques, sequences, procedures, and coordination for all services under the agreement; contractor shall ensure enough personnel, materials, supplies, means of transportation, tools and equipment are made available to perform the services; and B. Contractor shall, at all times, provide an on-site supervisor or authorized representative who is fluent in English, possesses adequate knowledge of the work being performed, and holds the authority to make decisions on behalf of the Contractor; and C. Contractor shall be solely responsible to the City for the acts and omissions of their subcontractors, agents, employees, and any other persons performing any service under this agreement; and D. The practices, methods, and materials utilized in the work within or adjacent to any structure must conform to any applicable local, state, and federal regulations and codes. 2.8 SITE INSPECTION AND DUE DILIGENCE 2.8.1 Bidders are obligated to carefully examine the project specification and exercise due diligence regarding any and all current and pre-existing conditions at the project site. 2.8.2 Before submitting their bid, the bidder shall be responsible for visiting the project site and becoming familiar with any conditions that may affect the work. 2.8.3 Before the commencement of work, the contractor shall submit photographs and/or video recordings to the project manager to document any such pre- existing damage to the roadways, driveways, approaches, tree trucks or limbs, landscaping, sod, facilities, utilities, walls and ancillary improvements located at the project site and/or any surrounding areas to be accessed and/or utilized by the contractor. 2.8.4 Any damage to public and/or private property resulting either directly or indirectly from the execution of the project by the contractor shall be Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 11 of 30 repaired or replaced at the sole expense of the contractor in a manner acceptable to the City. 2.8.5 Failure to properly document such pre-existing conditions and to submit said documentation as required, may render the contractor liable to repair any such damage at no expense to the City. 2.8.6 No additional allowance knowledge of the project requirements and site conditions. 2.9 STOP WORK ORDER The City may at any time by written notice to the contractor stop all or any part of the work for this bid award. Upon receiving such notice, the contractor will take all reasonable steps to minimize additional costs during the period of work stoppage. The City may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price or terminate the work in accordance with the provisions of the bid terms and conditions. 2.10 QUANTITIES Any quantities identified in this bid are estimates only and in no way obligate the City to purchase these amounts. The City reserves the right to re-negotiate prices if, during the agreement term, the City purchases more than the estimated quantities in this bid. 2.11 PROTECTION OF PERSONS AND PROPERTY While performing services for the City of Sebastian,the awarded contractor shall be responsible for any damage to the City of Sebastian property, personal property or visitor property due to any negligence on the part of the awarded contractor, their employees or other agents. The contractor must reasonably attempt to avoid damage to City or private property under all conditions. The awarded contractor agrees to repair or replace, at its own expense, any damage caused by the awarded contractor, their employees or their agents. The contractor must not drive or park equipment on grass, sidewalks, or patios. If concerns are raised about excessively wet conditions on grassy areas, the contractor must contact the project manager for recommendations or workarounds before commencing the work. Any damages, including damage to finished surfaces and spilled liquids, resulting from the performance of the Agreement shall be repaired and/or cleaned to the project manager's satisfaction. Any public or private property damaged by the contractor or a representative during the services shall be repaired or replaced to the project manager's satisfaction at no cost to the City. The project shall not be considered complete until incurred damages, if any, have been repaired and the worksite is cleaned to the project manager's satisfaction. 2.12 REMOVAL OF DEBRIS The contractor shall keep the worksite free and clear of rubbish and debris at all times during the performance of services. Any material or waste generated by the Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 12 of 30 contractor or its employees, agents, and Subcontractors shall be removed and disposed of by the contractor at its expense to the satisfaction of the City. The contractor assumes all liability for accidents that may occur due to debris, equipment, tools, and worksite hazards. 2.13 INSURANCE 2.13.1 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. 2.13.2 Before starting and until acceptance of the work by the City, Awarded 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. 2.13.3 The certificate holder shall read: City Of Sebastian 1225 Main Street Sebastian, FL 32958 2.13.4 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 Liability. 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 B. 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 Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 13 of 30 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: b)Bodily Injury and Property Damage: Combined Single Limit (each Accident): $1,000,000.00 C. Workers' Compensation: The contractor shall provide and maintain 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) b) $1,000,000.00 Each Accident $1,000,000.00 Disease, Policy Limit $1,000,000.00 Disease, Each Employee D. 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 the Contractor has $2,000,000 General Aggregate under the Commercial General Liability Policy. ** E. Professional Liability Insurance or Errors and Omissions Insurance: The contractor shall provide professional liability insurance, or Errors and Omissions Insurance, Any deductible is not to exceed $5,000 for each claim. The consultant represents it is financially responsible for the deductible amount. The contractor shall obtain insurance that shall at least meet the following minimum limits: a)Each Claim: $1,000,000 b)Annual Aggregate: 2,000,000 2.13.5 An endorsement to the Commercial General Liability or Automobile Liability 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 Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 14 of 30 transportation risk) performed by Contractor under this Contract is also acceptable. 2.13.6 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 $5,000. 2.13.7 All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, the contractor shall ensure that all subcontractors comply with the insurance requirements set forth in this Agreement. The City may request a copy of the insurance policy according to the nature of the project. The city reserves the right to accept or reject the insurance carrier. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 23 of 24 E B Price Proposal Document ID: 107C4CD18767AA8255C583F13C75F925 Item No. Location Address Per Location Lump Sum 1 Barber Street Sports Complex 950 Barber St, Sebastian, FL 32958 525.00$ 2 Bark Park 245 Keen Ter, Sebastian, FL 32958 525.00$ 3 Blossom Street Park 940 Cody Av, Sebastian, FL 32958 400.00$ 4 Bryant Park 117 Bryant Ct, Sebastian, FL 32958 525.00$ 5 Cheltenham Park 1371 Cownie Ln, Sebastian, FL 32958 200.00$ 6 Community Center 1805 N Central Av, Sebastian, FL 32958 150.00$ 7 Easy Street Park 458 Easy St, Sebastian, FL 32958 275.00$ 8 Filbert Park 170 Filbert St, Sebastian, FL 32958 1,565.00$ Wiregrass ecological Associates Proposer submits the following prices for the work described in this solicitation. Rates provided include all costs associated with the performance of the work, such as mobilization and demobilization, the operator, supervision, fuel, repairs, overhead and profits, insurance, lodging, meals, transportation, rentals, safety gear, telephone costs, cameras, GPS devices and all other materials, items and miscellaneous expenses associated with providing the requested services. Bid Price Sheet Solicitation # 26-02-ITB Solicitation Title: Tree Inventory and Condition Assessment Company Name Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 Document ID: 107C4CD18767AA8255C583F13C75F925 Wiregrass ecological Associates Bid Price Sheet Solicitation # 26-02-ITB Solicitation Title: Tree Inventory and Condition Assessment Company Name 9 Fishermans Landing 1540 Indian River Dr, Sebastian, Fl 32958 521.00$ 10 Friendship Park/City Hall Campus 1225 Main St, Sebastian, Fl 32958 1,565.00$ 11 Garden Club Park 1028 Barber St, Sebastian, Fl 32958 523.00$ 12 George Street Park 1270 George St, Sebastian, Fl 32958 395.00$ 13 Hardee Park 530 Barber St, Sebastian, FL 32958 1,225.00$ 14 Historical Park 630 Schumann Dr, Sebastian, FL 32958 520.00$ 15 Kildare Park 130 Kildare Dr, Sebastian, FL 32958 4,175.00$ 16 Main Street Boat Ramp 1300 Indian River Dr, Sebastian, FL 32958 521.00$ 17 Periwinkle Park 444 Periwinkle Dr, Sebastian, FL 32958 520.00$ 18 Pickleball Complex 160 Airport Dr E, Sebastian, FL 32958 135.00$ 19 Riverview Park 600 US Highway 1, Sebastian, FL 32958 1,225.00$ Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 Document ID: 107C4CD18767AA8255C583F13C75F925 Wiregrass ecological Associates Bid Price Sheet Solicitation # 26-02-ITB Solicitation Title: Tree Inventory and Condition Assessment Company Name 20 Schumann Park 1096 Schumann Dr, Sebastian, FL 32958 175.00$ 21 Stormwater Treatment Facility 297 Englar Dr, Sebastian, FL 32958 4,180.00$ 22 Yacht Club 820 Indian River Dr, Sebastian, FL 32958 275.00$ 20,120.00$Total Bid Price Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB, Tree Inventory and Condition Assessment Page 24 of 24 E C Solicitation Doucments Document ID: 107C4CD18767AA8255C583F13C75F925 INVITATION TO BID 26-02-ITB TREE INVENTORY AND CONDITION ASSESSMENT Contact Person Jessica Graham, CPPB Procurement Manager Phone: (772) 388 8231 Email:procurement@cityofsebastian.org *Dates in this schedule occurring after the release date may be amended by the City. The City reserves the right to delay or modify dates and will notify Bidders of all changes. PROPOSED SCHEDULE EVENT DATE TIME RELEASE DATE:Thursday, October 9, 2025 - PRE-BID MEETING Tuesday, October 21, 2025 10:00 AM Local Time QUESTION DEADLINE Tuesday, October 28, 2025 2:00 PM Local Time BID DUE DATE Thursday, November 6, 2025 2:00 PM Local Time RECOMMENDATION OF AWARD December 2025 6:00 PM Local Time Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 2 of 30 SECTION 1 INSTRUCTIONS TO BIDDERS 1.1 PURPOSE 1.1.1 The City of Sebastian has obtained a grant from the Florida Department of Agriculture and Consumer Services for a Public Tree Inventory of trees at our parks and City Hall. The City of Sebastian is seeking a qualified, responsible, and responsive company with past performance and experience providing Public Tree Inventories or Urban Tree Canopy Assessments. 1.1.2 All solicitations are posted on VendorLink (https://www.myvendorlink.com/). It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates. 1.2 PRE-BID MEETING A non-mandatory pre-bid meeting will be held on Tuesday, October 21, 2025, at 10:00 AM local time at the City of Sebastian Council Chambers, 1225 Main Street, Sebastian, FL 32958. 1.3 QUESTION DEADLINE 1.3.1 The deadline to submit questions will be Tuesday, October 28, 2025, at 2:00 PM local time. Any questions or communication regarding this at procurement@cityofsebastian.org . 1.3.2 The Bidder is responsible for checking for addenda associated with this solicitation. 1.4 ELECTRONIC BID SUBMITTAL 1.4.1 All Bids must be submitted via VendorLink electronically https://www.myvendorlink.com/. 1.4.2 All bids submitted to the city become public records unless exempt under Florida or other law. 1.4.3 PROPRIETARY INFORMATION: In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all bid proposers should be aware that all proposals and the responses thereto are public records and subject to public inspection. If a proposer believes that any information contained in a proposal is confidential or proprietary and exempt from public disclosure, Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 3 of 30 the proposer shall identify specifically any such information contained in their proposals and cite specifically the applicable exempting law. 1.4.4 PROPERTY OF THE CITY: All proposals received from proposers in response to this bid proposal will become the property of the City of Sebastian and will not be returned to the proposers. In the event of contract award, all documentation produced as part of the contract will become the exclusive property of the City. 1.4.5 LATE BIDS WILL NOT BE OPENED OR ANNOUNCED. 1.4.6 At its sole discretion, the City may reject any and all bids or accept any bid or portion thereof deemed to be whatever is in its best interest and to waive any non-substantial irregularities. 1.1 BID OPENING 1.1.1 All sealed bids are due by Thursday, November 6, 2025, by 2:00 P.M. local time. 1.1.2 The bid opening will be held virtually. Bids will be opened at 2:10 p.m. local time. Only the NAME of the company that submitted a response to this Invitation to Bid will be read aloud. 1.1.3 Meeting Information: https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423 dbabea4df Meeting ID: 136259113 Password: JhzXZgfvah Or dial: +1 (650) 419-1505 United States (San Mateo, CA) Access Code / Meeting ID: 136259113 Dial-in password: 5499943824 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 4 of 30 Indian River Press Journal Date Advertised: Friday, October 10, 2025 CITY OF SEBASTIAN, FLORIDA NOTICE TO BIDDERS 26-02-ITB Tree Inventory and Condition Assessment NOTICE IS HEREBY GIVEN that the City of Sebastian is accepting bids for 26-02-ITB, Tree Inventory and Condition Assessment. The solicitation document outlining the scope of services is available from VendorLink (https://www.myvendorlink.com/external/bids). Bids are due on Thursday, November 6, 2025, at 2:00 p.m. local time. A non-mandatory pre-bid meeting will be held on Tuesday, October 21, 2025, at 10:00 am local time, located in City Hall (Council Chambers), 1225 Main Street, Sebastian, FL 32958. Questions are due on Tuesday, October 28, 2025, at 2:00 pm local time. All questions shall be directed to the Procurement Manager, Jessica Graham, CPPB, at 772-388-8231 or by email at procurement@cityofsebastian.org. Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 5 of 30 TABLE OF CONTENTS SECTION 1 INSTRUCTIONS TO BIDDERS 2 LEGAL AD 4 SECTION 2 SCOPE OF WORK 6 SECTION 3 GENERAL TERMS AND CONDITIONS 15 SECTION 4 REQUIRED FORMS 16 CONTACT INFORMATION SHEET 16 CORPORATE RESOLUTION 18 QUALIFICATIONS 19 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 21 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES 22 APPENDIX A, 44 C.F.R. PART 18 CERTIFICATION REGARDING LOBBYING 23 CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED AFFIDAVIT 24 HUMAN TRAFFICKING AFFIDAVIT 25 NOTIFICATIONS AFFIDAVIT 26 REFERENCE LIST 27 SUBCONTRACTOR LIST 28 LOCAL VENDOR PREFERENCE AFFIDAVIT 29 SECTION 5 BID PRICE FORM INSTRUCTION 30 EXHIBIT A ELECTRONIC BID PRICE FORM EXHIBIT B SAMPLE CONTRACT Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 6 of 30 SECTION 2 SCOPE OF WORK 2.1 SCOPE OF WORK 2.1.1 Public tree inventory projects help communities develop or enhance inventories/assessments of public trees. Up-to-date inventories help provide more efficient and effective urban forest management. 2.1.2 Contractor will provide a Tree Inventory capturing detailed information for each tree in both tabular and GIS formats, including: A.Software Tree Inventory Application database:The City will work with the consultant on choosing the software application to be used for the Tree inventory, such as TreePlotter INVENTORY, i-Tree, or Trees Count applications, which will store all the tree inventory information, and will use learning software to provide guidance for urban planning. B.Tree Identification Number: Automatically generated by GPS based on the order of collection C.Location: Coordinates automatically calculated by GPS D.Species: Identified by genus and species, including both botanical and common names E.Diameter: Measured to the nearest inch at 4 ½ feet above ground (diameter breast height, DBH) F.Condition: Rated according to categories adapted from the International Society of Arboriculture (ISA) rating system: a.Excellent: 100% b.Very Good: 90% c.Good: 80% d.Fair: 60% e.Poor: 40% f.Critical: 20% g.Dead: 0% G.Observations:Noted tree defects and impacts to infrastructure, including: a.Cavity/Decay Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 7 of 30 b.Trunk or Limb Damage c.Co-Dominant Leaders d.Constricted Roots e.Uprooted f.Leaning g.Reduced Canopy h.Improperly Pruned i.Curb/Sidewalk Damage j.Insect Damage H.Maintenance Needs: Primary and secondary needs based on ANSI A-300 standards and arboriculture best practices, including: a.Clearance Pruning b.Crown Raising c.Crown Reduction d.Restoration Pruning e.Structure Pruning f.Crown Cleaning g.Stump/Tree Removal h.Pest Control i.Fertilization I.Overhead Utilities:Presence of overhead utilities noted J.Minimum Growing Space:Assigned based on planting space width to identify current or potential root constriction or infrastructure damage: a.Less than 3 feet b.3 to 5 feet c.5 to 10 feet d.Greater than 10 feet K. Using the collected data, the consultant will prepare a Tree Inventory Summary Report, including: a. Hard Copy Report: Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 8 of 30 i.Color maps with numbered tree locations overlaid on aerial photographs ii.Tables displaying data for inventoried trees b. Digital Report: i.Digital copies of the report in PDF format and tree inventory data in ArcGIS Shape File format ii.Database access for maintenance and updates 2.1.3 Communication plan: provide weekly updates on the status of the project as needed during the inventory process. 2.2 City of Sebastian - Parks & Recreation Map 2.2.1 The link below provides interactive maps with locations, addresses, and acreage of each location. https://cos1225.maps.arcgis.com/apps/dashboards/9f9f0310b0984f15b40 7a1e70ab4da32 2.3 CONTRACTOR MINIMUM QUALIFICATIONS 2.3.1 Must be registered with the State of Florida, Division of Corporations, to do business in Florida. 2.3.2 Vendor must have been in business under the same FEIN number for past three (3) years. Evidence should be submitted with the bid submittal. 2.3.3 A successful Bidder will have completed prior tree inventories using FDACS Forest Service grant funding. Please list these contracts as your references. 2.3.4 One person on the Project Team should be an International Society of Arboriculture (ISA) Certified Arborist and qualified in Tree Risk Assessment Qualification (TRAQ). Each team leader shall be an ISA Certified Arborist at a minimum. 2.3.5 Bidder must be familiar with Tree City, FDACS Forest Service, and U.S.D.A. guidelines. 2.3.6 they must provide a copy of their business tax receipt. 2.3.7 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. Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 9 of 30 2.3.8 No contract will be awarded to any bidder 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 taxes or assessments are delinquent. The City has the right to disqualify any bidder who does not meet any or all qualifications necessary as determined by the City. 2.4 LENGTH OF CONTRACT AND RENEWAL 2.4.1 This project is funded by a Florida Department of Agriculture and Consumer Services grant. The grant is set to expire on August 31, 2026. 2.4.2 This ITB will result in a one-time agreement to complete the scope of work. The contract is expected to have a tentative expiration date of May 31, 2026, to allow for the grant close-out process. 2.5 LIQUIDATED DAMAGES 2.5.1 The contractor agrees to the use of liquidated damages in the event the contractor fails to perform by the provisions herein. The Contractor hereby agrees, as part consideration for awarding the Agreement, to pay the City the sum of One-Hundred Dollars ($100.00), for each and every calendar day that the Contractor shall be in default after the time stipulated in the Agreement for completing the Work. The Contractor and City acknowledge and agree that said sum is not a penalty but liquidated damages for breach of contract 2.5.2 On the occasion where the contractor is in default of 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. 2.6 CITY OF SEBASTIAN LOCAL PREFERENCE Effective October 14, 2009, the City of Sebastian adopted a local vendor preference. Please see City Code Sec. 2-11. Local Vendor Preference Policy for more information. 2.7 PROJECT COORDINATION 2.7.1 A City project manager will oversee all assigned work to ensure adherence submittal of final payment. The project manager will periodically inspect the Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 10 of 30 work being performed to ensure compliance with the agreement's requirements. If the requirements are not satisfactorily being met, the City shall require the contractor to correct any discrepancies, inconsistencies, or faults immediately at no additional cost. The contractor shall understand and agree to the following: A. Contractor shall be solely responsible and assume all liability for the supervision, direction of all work, and for all means, methods, techniques, sequences, procedures, and coordination for all services under the agreement; contractor shall ensure enough personnel, materials, supplies, means of transportation, tools and equipment are made available to perform the services; and B. Contractor shall, at all times, provide an on-site supervisor or authorized representative who is fluent in English, possesses adequate knowledge of the work being performed, and holds the authority to make decisions on behalf of the Contractor; and C. Contractor shall be solely responsible to the City for the acts and omissions of their subcontractors, agents, employees, and any other persons performing any service under this agreement; and D. The practices, methods, and materials utilized in the work within or adjacent to any structure must conform to any applicable local, state, and federal regulations and codes. 2.8 SITE INSPECTION AND DUE DILIGENCE 2.8.1 Bidders are obligated to carefully examine the project specification and exercise due diligence regarding any and all current and pre-existing conditions at the project site. 2.8.2 Before submitting their bid, the bidder shall be responsible for visiting the project site and becoming familiar with any conditions that may affect the work. 2.8.3 Before the commencement of work, the contractor shall submit photographs and/or video recordings to the project manager to document any such pre- existing damage to the roadways, driveways, approaches, tree trucks or limbs, landscaping, sod, facilities, utilities, walls and ancillary improvements located at the project site and/or any surrounding areas to be accessed and/or utilized by the contractor. 2.8.4 Any damage to public and/or private property resulting either directly or indirectly from the execution of the project by the contractor shall be Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 11 of 30 repaired or replaced at the sole expense of the contractor in a manner acceptable to the City. 2.8.5 Failure to properly document such pre-existing conditions and to submit said documentation as required, may render the contractor liable to repair any such damage at no expense to the City. 2.8.6 No additional allowance knowledge of the project requirements and site conditions. 2.9 STOP WORK ORDER The City may at any time by written notice to the contractor stop all or any part of the work for this bid award. Upon receiving such notice, the contractor will take all reasonable steps to minimize additional costs during the period of work stoppage. The City may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price or terminate the work in accordance with the provisions of the bid terms and conditions. 2.10 QUANTITIES Any quantities identified in this bid are estimates only and in no way obligate the City to purchase these amounts. The City reserves the right to re-negotiate prices if, during the agreement term, the City purchases more than the estimated quantities in this bid. 2.11 PROTECTION OF PERSONS AND PROPERTY While performing services for the City of Sebastian,the awarded contractor shall be responsible for any damage to the City of Sebastian property, personal property or visitor property due to any negligence on the part of the awarded contractor, their employees or other agents. The contractor must reasonably attempt to avoid damage to City or private property under all conditions. The awarded contractor agrees to repair or replace, at its own expense, any damage caused by the awarded contractor, their employees or their agents. The contractor must not drive or park equipment on grass, sidewalks, or patios. If concerns are raised about excessively wet conditions on grassy areas, the contractor must contact the project manager for recommendations or workarounds before commencing the work. Any damages, including damage to finished surfaces and spilled liquids, resulting from the performance of the Agreement shall be repaired and/or cleaned to the project manager's satisfaction. Any public or private property damaged by the contractor or a representative during the services shall be repaired or replaced to the project manager's satisfaction at no cost to the City. The project shall not be considered complete until incurred damages, if any, have been repaired and the worksite is cleaned to the project manager's satisfaction. 2.12 REMOVAL OF DEBRIS The contractor shall keep the worksite free and clear of rubbish and debris at all times during the performance of services. Any material or waste generated by the Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 12 of 30 contractor or its employees, agents, and Subcontractors shall be removed and disposed of by the contractor at its expense to the satisfaction of the City. The contractor assumes all liability for accidents that may occur due to debris, equipment, tools, and worksite hazards. 2.13 INSURANCE 2.13.1 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. 2.13.2 Before starting and until acceptance of the work by the City, Awarded 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. 2.13.3 The certificate holder shall read: City Of Sebastian 1225 Main Street Sebastian, FL 32958 2.13.4 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 Liability. 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 B. 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 Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 13 of 30 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: b)Bodily Injury and Property Damage: Combined Single Limit (each Accident): $1,000,000.00 C. Workers' Compensation: The contractor shall provide and maintain 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) b) $1,000,000.00 Each Accident $1,000,000.00 Disease, Policy Limit $1,000,000.00 Disease, Each Employee D. 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 the Contractor has $2,000,000 General Aggregate under the Commercial General Liability Policy. ** E. Professional Liability Insurance or Errors and Omissions Insurance: The contractor shall provide professional liability insurance, or Errors and Omissions Insurance, Any deductible is not to exceed $5,000 for each claim. The consultant represents it is financially responsible for the deductible amount. The contractor shall obtain insurance that shall at least meet the following minimum limits: a)Each Claim: $1,000,000 b)Annual Aggregate: 2,000,000 2.13.5 An endorsement to the Commercial General Liability or Automobile Liability 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 Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 14 of 30 transportation risk) performed by Contractor under this Contract is also acceptable. 2.13.6 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. 2.13.7 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: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 15 of 30 Section 3 General Terms and Conditions Interested bidders must visit the website below to view the General Terms and Conditions. Link:https://www.cityofsebastian.org/548/Terms-and-Conditions Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Page 16 of 30 SECTION 4 REQUIRED FORMS Document ID: 107C4CD18767AA8255C583F13C75F925 Document ID: 107C4CD18767AA8255C583F13C75F925 Document ID: 107C4CD18767AA8255C583F13C75F925 Document ID: 107C4CD18767AA8255C583F13C75F925 Document ID: 107C4CD18767AA8255C583F13C75F925 Document ID: 107C4CD18767AA8255C583F13C75F925 Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Failure to complete and submit this form with your bid package may result in the rejection of your bid Page 22 of 30 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the City may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Authorized Signature Printed Name & Title Date Document ID: 107C4CD18767AA8255C583F13C75F925 Document ID: 107C4CD18767AA8255C583F13C75F925 Document ID: 107C4CD18767AA8255C583F13C75F925 Document ID: 107C4CD18767AA8255C583F13C75F925 Document ID: 107C4CD18767AA8255C583F13C75F925 Document ID: 107C4CD18767AA8255C583F13C75F925 Document ID: 107C4CD18767AA8255C583F13C75F925 Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Failure to complete and submit this form with your bid package may result in the rejection of your bid Page 30 of 30 SECTION 5 BID PRICE FORM The Electronic Price Sheet, Exhibit A, is in Excel Format. Bidders must upload their completed price sheet in .xlsx or .xls format to VendorLink. The price sheet includes the following worksheet: 1. Tree Inventory a.Pricing on this worksheet is MANDATORY. b. This pricing is all-inclusive. All rates include all costs associated with the work's performance, such as mobilization, demobilization, fuel, insurance, overhead and profits, lodging, meals, transportation (including trip charges), rentals, safety gear, telephone costs, and all other materials, items, and miscellaneous expenses. The Bid Prices shall remain good for ninety (90) days after the due date of this ITB. The Bidder certifies that the price quoted represents and includes the entirety of the work, fees, profit, overhead, general requirements, general conditions, etc., of the project per the ITB documents. By affixing their signature to the Bid Price Sheet, the Bidder hereby states that they have read all bid specifications, terms, and conditions outlined in the Invitation to Bid and agree to such. Bidder also declares that the individual signing this Bid Price Sheet has the legal capacity to sign on behalf of Bidder and to obligate Bidder contractually. Bidder Name: Signature:Date: Print Name:Title: Document ID: 107C4CD18767AA8255C583F13C75F925 ADDENDUM NO. 1 POSTING DATE: October 27, 2025 26-02-ITB TREE INVENTORY AND CONDITION ASSESSMENT 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 N/A SECTION II: QUESTIONS Question 1:Does the City have an estimated total tree count? Answer:No Question 2:Is there a required deadline for completion of the tree inventory? Is that May 31, 2026? Answer:The contract is expected to have a tentative expiration date of May 31, 2026, to allow for the grant close-out process. Question 3:Can the City share an estimated budget for this project? Answer:The budget is $62,500. As this project is grant-funded, awards will NOT exceed the estimated budget. Question 4:Are all trees in the wetland area required to be collected at the Stormwater Treatment Facility? Answer:No, a general analysis of Stormwater Park is logical using a 50 ft perimeter and aerial means. Question 5:We noticed a lot of the larger parcels are naturalized vegetation and trees, what is the City's expectation on surveying those areas? Is there a size threshold or proximity to structure pathways for trees to include in those areas? Answer:Those parcels that are dense with vegetation the city expects a general count and conditions analysis based on a 50 ft. perimeter and aerial analysis. Question 6:Are the Items in Section H: Maintenance Needs supposed to be recommended or performed as part of this contract? Answer:We are looking for maintenance recommendations. Document ID: 107C4CD18767AA8255C583F13C75F925 Question 7:Would the City of Sebastian please remove any reference to liquidated damages? We believe they are not applicable to the services of design professionals, as we do not control, set, or manage the Project schedule this is a contractor-specific issue and should be removed from our contract. Answer:No Question 8:As currently worded, we believe that the indemnity provision (Section 17 / Article 1, located on page 11 of the Sample Contract) of the proposal is not in compliance with FL Statute 725.08 and is unenforceable. Would the City of Sebastian consider rewording same to conform with the statute? professional shall indemnify and hold harmless the City of Sebastian , 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 design professional and other persons employed or utilized Answer:The indemnity language does comply with Florida statutes. Our language requires the contractor and subcontractors to indemnify and hold the city harmless. By indemnifying and holding the City harmless the contractor and subcontractors are defending the city from third-party claims relating to damage, loss, injuries, etc. Question 9:To ensure bidders proposals align accurately with the project scope, could you please confirm the total number of trees that are expected to be inventoried under this bid? Answer:The City does not have a total tree count. The awarded contractor will be responsible for inventorying and assessing the trees at the locations identified on the bid price sheet. Question 10:Are trees within natural areas / Preserves/wetlands requiring assessment? If so, please provide the approximate number of trees found within each of these areas. If not, can we assume that only trees within the parking areas of these areas will need to be inventoried? Answer:Please refer to questions 4 and 5. SECTION III: REVISIONS TO THE SCOPE OF WORK N/A SECTION IV: ATTACHMENTS N/A Sincerely, Jessica Graham, CPPB Procurement Manager Digitally signed by Jessica Graham Date: 2025.12.02 16:16:07 -05'00' Document ID: 107C4CD18767AA8255C583F13C75F925 ADDENDUM NO. 2 POSTING DATE: October 31, 2025 26-02-ITB TREE INVENTORY AND CONDITION ASSESSMENT 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 There is a typo on the Contact Information Sheet. The Contact Information Sheet lists Friday, November 14, 2025, as the due date.THAT IS INCORRECT. The due date is Thursday, November 6, 2025, as listed in the Proposed Schedule, Legal Ad, and Instructions to Bidders. A revised Contact Information Sheet is included with this addendum. SECTION II: QUESTIONS N/A SECTION III: REVISIONS TO THE SCOPE OF WORK N/A SECTION IV: ATTACHMENTS Revised Contact Information Sheet Sincerely, Jessica Graham, CPPB Procurement Manager Digitally signed by Jessica Graham Date: 2025.12.02 16:16:07 -05'00' Document ID: 107C4CD18767AA8255C583F13C75F925 26-02-ITB Failure to complete and submit this form with your bid package may result in the rejection of your bid Page 17 of 30 CONTACT INFORMATION SHEET DUE DATE: Thursday, November 6, 2025 Bids due on or before 2:00 PM LOCAL TIME Proposals must be submitted electronically via VendorLink Check the Addenda for any revised opening dates before submitting your bid.Bid(s) received after the date and time stated above will not be opened. CONTACT: Jessica Graham, CPPB Procurement/Contracts Manager (772) 388-8231 jessgraham@cityofsebastian.org ITB TITLE: Tree Inventory and Condition Assessment ITB NO.: 26-02-ITB Bidder Federal Tax Identification Number: Unique Entity ID (SAM.GOV): Address: City: State: Zip Code: Telephone No: E-Mail Address of Authorized Representative: I certify that I have carefully examined the ITB document and associated documents, including the Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this bid is truthful to the best of my knowledge and belief, and that I am duly authorized to submit this bid on behalf of the bidder named above, and that the bidder is ready, willing, and able to perform if awarded. In compliance with this solicitation, and subject to all conditions herein, I hereby propose and agree to furnish the goods and /or services specified in the ITB at the prices or rates in my bid, and prices will remain for a period of ninety (90) days to allow the City adequate time to evaluate the bid. __________________________________________________________________ Signature of Authorized Representative (Manual) __________________________________________________________________ Name of Authorized Representative (Typed or Printed) ___________________________________________________________ Title Date Each bid submittal must include the signature of an officer or employee with the authority to bind the contractor in the space(s) provided. If the individual is not listed on Sunbiz.org, a Corporate Resolution shall be provided. The bid submittal shall be marked non-responsive if a Corporate Resolution cannot be provided . The City reserves the right to reject any and all bids or to accept any bid or portion deemed to be in the City's best interest and waive any non-substantial irregularities. Document ID: 107C4CD18767AA8255C583F13C75F925