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.
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December17th
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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:
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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.
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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
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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
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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
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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
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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
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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 $5,000.
2.13.7 All insurance carriers shall be rated (A) or better by the most recently
published A.M. Best Rating Guide. Unless otherwise specified, the
contractor shall ensure that all subcontractors comply with the insurance
requirements set forth in this Agreement. The City may request a copy of
the insurance policy according to the nature of the project. The city reserves
the right to accept or reject the insurance carrier.
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26-02-ITB, Tree Inventory and Condition Assessment Page 23 of 24
E B
Price Proposal
Document ID: 107C4CD18767AA8255C583F13C75F925
Item No. Location Address Per Location Lump Sum
1 Barber Street Sports Complex 950 Barber St, Sebastian, FL 32958 525.00$
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
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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,
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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
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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.
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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
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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
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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:
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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.
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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
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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
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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
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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
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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
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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.
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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
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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