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HomeMy WebLinkAboutContract 2024-029ADocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 AGREEMENT No. 2024-029 TREE INVENTORY SERVICES THIS AGREEMENT is made and entered into this Monday, April 22, 2024, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida, whose address is 685 W. Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and RES FLORIDA CONSULTING, LLC. d/b/a E SCIENCES, whose address is 34 E. Pine Street, Orlando, FL 32801 (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work described in the specifications entitled: RFP 24-053, titled Tree Inventory Services, as prepared by the CITY and its agents and shall do everything required by this Contract and the other Contract Documents contained in the specifications, which are a part of these Documents. 2. THE CONTRACT SUM The CITY shall pay to the CONTRACTOR for the faithful performance of the Contract, in lawful tender of the United States, and subject to addition and deductions as provided in the Contract Documents, the Price Schedule, attached hereto and incorporated herein as Exhibit "A". The total contract sum shall not exceed TWENTY-THREE THOUSAND NINE HUNDRED TWENTY- SEVEN DOLLARS AND 80/100 CENTS ($23,927.80). 3. COMMENCEMENT AND COMPLETION OF WORK A. The CONTRACTOR shall commence work within Ten (10) calendar days after receipt of (i) Purchase Order and/or Notice to Proceed, and (ii) receipt of all permits required to perform the work, and the CONTRACTOR will substantially complete the same within SIXTY (60) calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. B. The CONTRACTOR shall prosecute the work with faithfulness and diligence. C. The CONTRACTOR further declares to have examined the site of the work and that from personal knowledge and experience or that CONTRACTOR has made sufficient investigations to fully satisfy that such site is correct and suitable for the work and CONTRACTOR assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings and Specifications have been read and carefully considered by the CONTRACTOR, who DocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 Standard Agreement RFP 24-053 Tree Inventory Services understands the same and agrees to their sufficiency for the work. It is expressly agreed that under no circumstances, conditions, or situations shall this Contract be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. 4. PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed products delivered and services provided, within thirty (30) calendar days of receipt of the invoice. 5. DISPUTE RESOLUTION - MEDIATION A. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. C. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 6. INSURANCE AND INDEMNIFICATION RIDER 6.1. Worker's Compensation Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 6.2. CONTRACTOR's Commercial General Liability Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows: 1 DocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 Standard Agreement RFP 24-053 Tree Inventory Services A. CONTRACTOR's Commercial General Liability, $1,000,000 Each, $2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 6.3. Indemnification Rider A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. B. In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. 7. NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. 2 DocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 Standard Agreement RFP 24-053 Tree Inventory Services CONTRACTOR: RES Florida Consulting, LLC dba E Sciences Attn: Justin Freedman, General Manager 34 E. Pine Street, Orlando, FL 32801 OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street, Clermont, FL 34711 8. MISCELLANEOUS 8.1. Attorneys' Fees In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 8.2. Waiver The waiver by CITY of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 8.3. Severability If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 8.4. Amendment Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 8.5. Entire Ap-reement This Agreement, including the documents incorporated by reference, contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. DocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 Standard Agreement RFP 24-053 Tree Inventory Services 8.6. Assi _ ng ment Except in the event of a merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of the CITY. 8.7. Venue The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 8.8. Applicable Law This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of Florida. 8.9. Public Records The CONTRACTOR expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, including the following: A. Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. B. Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in Florida's Public Records law or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon the termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. The CONTRACTOR shall make reasonable efforts to provide all records stored electronically to the CITY in a format compatible with the information technology systems of the CITY. E. 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, THE CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT THE CITY CLERK'S OFFICE, (352) 241-7331. 4 DocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 Standard Agreement RFP 24-053 Tree Inventory Services 9. CONTRACT DOCUMENTS The Contract Documents, as listed below are herein made fully a part of this Contract as if herein repeated. Document Precedence: A. Contract Agreement B. Purchase Order / Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in RFP 24-053, titled Tree Inventory Servicesand CONTRACTOR's response thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 22nd day of April, 2024 CITY OF CLERMONT DocuSigned by: 4 S DS 431 F57D413554D6... Freddy L. Suarez, Procurement S ATTEST: EDocuSigned by: TAdo,- Haws 3AD7F34905B344A... Tracy Ackroyd Howe, City Clerk 5 DocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 RES FLORIDA CONSULTING, LLC. d/b/a E SCIENCES DocuSigned by: By: EjlD3FADA0779443A ... Print Name: Justin Freedman Title: General Manager Date: 4/23/2024 DocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 EXHIBIT "A" G. Cost of Services The City of Clermont estimates that there are between 1,000 to 1,500 trees within the City's streets, parks, and properties. Based on this estimate, we propose to provide the services specified in the RFP for a lump sum fee of $23,927.80. These services include: • Conducting the tree inventory; • Search for planting spaces; • Tree inventory summary report; • One kick-off meeting and • Bi-weekly virtual meetings with project manager City of Clermont I Tree Inventory Services RFP 24-053 Page 30 DocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 0 In preparation of this proposal, we have done initial reviews of Lake County GIS maps, City of Clermont right-of-way maps, and the City of Clermont's tree removal permit FAQ. RES will coordinate with City staff for information pertinent to the inventory prior to the commencement of data collection. Once all data has been collected, RES will review and synthesize the data into a comprehensive report which identifies trends, challenges, and opportunities. Milestone: RES has the capacity and availability to begin work within three days of the Notice to Proceed. Field data collection will be complete within 4 weeks of the start date. RES believes that effective communication with our clients is paramount to success. We will host a virtual kick-off meeting with City staff to discuss field work, including areas of priority, areas of concern, and data needs within the first week. Field data collection will commence thereafter. RES' arborists typically collect over 200 tree data points per day per arborist. We therefore estimate that collecting 1,000-1,500 trees concurrently with vacant planting sites will take no more than four weeks to complete if we account for unavoidable or unpredictable delays in the field (i.e., weather). Throughout the project, Ms. Savaro will deliver bi-weekly progress reports to the City's Urban Forestry Program Manager. During these progress report meetings, project milestones, action items, activity status, and the status of project -related documents will be discussed. The first meeting will be held two weeks after the kick-off meeting. All relevant data collected will be available upon request by the City. These progress reports will be delivered virtually. Meeting agendas and summaries will be prepared prior to and following each meeting. We will be proactive and anticipate the City's needs ahead of time so tasks are completed efficiently. Milestone: We will analyze the data and prepare our comprehensive report after completion of field data collection. After data collection and analysis, RES will meet with the Urban Forestry Program Manager and City GIS staff to discuss the geospatial database to be delivered. We will prepare our final deliverable package according to those terms. Agendas and meeting summaries will be prepared for these virtual meetings. Our data and subsequent report will undergo our internal QA/QC procedures. Tables, figures, and data will be checked, and the entire deliverable reviewed by Project Manager Jen Savaro with a final review conducted by one of our technical quality assurance professionals before submittal to the City. We estimate that this process will take approximately 10 to 15 business days, allowing us to deliver the report no more than eight weeks from the start date of the purchase order. The final report delivered to the City will include large- and small-scale inventory maps of tree data, complete tree data table, a percentage breakdown of tree species and tree types (e.g., ten most common species; native, non-native, and invasive; palms and dicots), percentage of tree canopy density, and an overview of short- and long-term maintenance needs and recommendations. Milestone: Once the City and RES determines we have an acceptable product, RES will submit an electronic copy of the final report to City staff and be available to answer any questions and make any requested adjustments. City of Clermont I Tree Inventory Services RFP 24-053 Page 27 DocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 We will deliver the entire data set to the City as an ESRI-compatible shape file, accompanied by digital and hard copies of a report summarizing our findings, inventory and location map pdf's, and data tables. Any outstanding GIS data not previously submitted will be submitted to the City in a system compatible with the City's ESRI system. We aim to deliver the report with ample time for City staff to make recommendations on items they think should be included, edited, or omitted. RES will review staff comments, feedback, and recommendations on the report within ten business days after receipt of the City's comments. Milestone: We are confident that this entire process, including making any revisions requested by the City, will take no more than 60 days from the start date. Timeline Graphic Project Tasks Clermont Tree Inventory Start Date Week i Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Task 1: Project Management Kick-off Meeting Task 2: Data Collection Task 3: Data Analysis and Draft Report Task 4: Final Report Legend Ongoing Task Bi-weekly progress report from Project Manager Kick-off Meeting Data Collection and Field Work Data Analysis, 1st Draft Report Final Report Team Organization/Reporting Responsibilities RES has an effective project management program dedicated to quality and client satisfaction. Each client is different, and RES adjusts the processes to meet the client's needs to ensure that the contract is executed seamlessly. Any questions that our field team has will be forwarded to our Project Manager or the City's Urban Forestry Program Manager. Jen Savaro will be the Project Manager and primary point of contact for this project. She will be available via office telephone, mobile phone, text, or email as needed throughout the project's duration. Ms. Savaro has provided technical direction and oversight for RES' tree inventory projects, for over five years. As an ISA Certified Arborist, Ms. Savaro is professionally qualified to manage this contract. She has over five years of experience working with and developing tree inventories and over ten years in GIS mapping. Her track record of delivering high -quality projects on time and on budget has earned her the trust and respect of clients across Florida. City of Clermont I Tree Inventory Services RFP 24-053 Page 28 DocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 Ms. Savaro can allocate sufficient staff and technological resources to meet our commitments. She manages a limited number of projects at a time and can dedicate the effort necessary to execute this project. Ms. Savaro's team of scientists, administrators, and urban forestry professionals will bring years of relevant experience and technical expertise. Personnel working on this project hold relevant credentials and certifications which include ISA-Certified Arborist, ISA TRAQ, and LEED Certified Professional. RES' QA/QC Manager, Ms. Nadia Locke, PE, LEED AP will be available to assist with technical and quality assurance tasks, guaranteeing that the final deliverable to the City will be of the highest quality. Justin Freedman, RES' Region 8 (Florida) General Manager, will offer 18 years of experience and expertise in an advisory role for this project. He is an ISA-Certified Arborist and TRAQ. Before assuming the role of Region 8 General Manager, Mr. Freedman managed all of RES' urban forestry projects and initiatives. Larsen McBride and Kyra Paris will head our data collection and data analysis efforts. They are both ISA-Certified Arborists and TRAQ with a combined 12 years of experience in arborist services such as tree inventories and urban forest management plans. Their expertise ensures that this inventory will be completed on schedule and the data collected will be reliable, actionable, and easy to understand. The proposed RES team members are committed to being available and responsive to the City's needs. RES understands that superior customer service and attention to our client's needs are paramount. We plan for several projects of this size and complexity and are more than capable of providing the level of quality, responsiveness, and client service that you expect and deserve. City of Clermont I Tree Inventory Services RFP 24-053 Page 29 DocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 Request For Proposal #RFP 24-053 Title: Tree Inventory Services 3. Statement of Work 3.1. Scope of Services The City requires a complete, modern, and flexible tree inventory to ensure all current and future trees are appropriately managed in the City. The selected company will complete an inventory of city -owned trees in streets and parks and complete a tree health assessment for each tree. The selected firm will work closely with the City's Project Manager and the IT department throughout the entire process to build a system that best meets the needs of the City. The tree data must be collected on a handheld device or electronic tablet capable of recording the latitude and longitude of each tree or planting space to an accuracy of 1 to 3 meters. The software must be capable of exporting the inventory data into both an ESRI file or personal geodatabase and an MS Excel Spreadsheet. City staff should be able to make future updates to all inventory data. The successful respondent must provide their own data collection devices and software and be responsible for their operation. The successful respondent must also provide the City with a list of definitions and codes for all data fields as part of the deliverables. Data Collection: • A complete tree inventory has never been completed for city -owned trees but some existing data does include selected tree locations and species. • Data will be compiled in a geospatial form. • City boundaries and required maps/data layers will be provided. • It is initially estimated that the successful respondent will be inventorying between 1,00 and 1,500 trees. • The successful respondent must have the skills required to follow the city -provided maps and identify trees. • The City will provide the exact data fields. Minimum Requirements: • The selected respondent must have the capacity to begin work as soon as possible in 2024 and have a timeline on when the work will be complete. • Tree inventory will cover all City of Clermont parks, streets, and right-of-ways. • The selected must stay in regular contact with the Urban Forestry Manager and the City of Clermont's IT Department. • A final report for the Urban Forestry Program Manager will be provided summarizing inventory results. • The successful respondent must have a minimum of five (5) years of experience working with and developing tree inventories and three years of experience in GPS mapping. 11 DocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 Request For Proposal #RFP 24-053 Title: Tree Inventory Services The City will provide the successful respondent with a prioritized list of street segments and public spaces to include in the inventory. The City will also provide the most current tree inventory data in an ESRI file and personal geodatabase. A. The following parameters must be collected for each tree during the inventory. The successful respondent must supply all necessary instruments to ascertain this data. o Tree Identifier Number. o Closest Street Address or Park Location. o The street on which the Tree Actually Resides. o Proximity to Reference Address (Front, Side, Median, N/A). o Land Use (Street, Park, Median). o Tree Species, Scientific and Common Name. o Diameter at Breast Height; provided in 5-inch intervals. Trees that fork below 4.5 feet in height will be measured at the narrowest point below the fork. o Total tree height provided in 5-foot intervals. o Conflicts with overhead wires, signs, buildings, lights, etc. o Sidewalk or driveway conflicts between the tree roots and infrastructure. o Condition Class, Health (Good, Fair, Poor, Dead). o Condition Class, Structure (Good, Fair, Poor, Dead). B. For vacant planting spaces on streets, the following parameters will be collected. o Site Identifier Number. o Closest Street Address. o Street on which the Space Actually Resides. o Proximity to Reference Address (Front, Side, Median, N/A). o Land Use (Street, Park, Median, N/A). o Size (Small = Less than 100 square feet; Medium = Between 100-250 square feet; Large = More than 250 square feet). o Stump Present (Y/N). o Potential infrastructure conflicts. C. Deliverables o Complete the tree inventory within 60 days from the start date of the purchase order. 12 DocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 Request For Proposal #RFP 24-053 Title: Tree Inventory Services o Deliver progress reports on a bi-weekly basis to the Urban Forestry Program Manager of the City of Clermont. o Submit the final tree inventory report in both digital and hardcopy formats to the City of Clermont. D. Completion of Final Report o The report is to include the final map, percent breakdown of tree types, tree density, and an overview of maintenance needs. The expected outcome of this project is to have a new and accurate Urban Forest Inventory from which the City can build a management plan. 13 DocuSign Envelope ID: C499F9A9-OAF3-4073-AF5A-DBE6C30357C3 City of Clermont Procurement Services Department CLER ONT 685 W. Montrose Street Choice of Champions" Clermont, FL 34711 VENDOR INFORMATION The following information along with a current W-9 form must be provided to the Procurement Services Department for all new vendors and when current vendors remit information changes. Name of Individual or Business: RES Florida Consulting, LLC Contact Person and Title: Jennifer Savaro, Scientist IV Vendor Street Address: 34 E Pine Street Vendor City, State, ZIP: Orlando, Florida 32801 Vendor Mailing Address (if different from above): Vendor Email Address: jsavaro@res.us Vendor Email Address for Purchase Order (if different from above): Phone Number: (407) 481-9006 Fax Number: Taxpayer Identification Number (include a copy of your W9 form): 59-3667002 Remit to Information (if different from above): Payment Remit to Name: Laura Nunez Payment Remit to Address: 34 E Pine Street Payment Remit to City, State, ZIP: Orlando, Florida 32801 Please return the completed Vendor Information along with the required W-9 form by email to: procurementservices(a-)clermontfl.org For any questions, please call the Procurement Services Department at (352) 241-7350.