TOWN OF ORANGE PARK

TREE REMOVAL AND PRUNING SERVICES

ITB-PW-02-2026

Procurement Schedule

Issue Date: March 10, 2026

Deadline for Written Questions: April 3, 2026

Proposal Due: April 9, 2026

Individual sealed bids for the Tree Removal and Pruning Services in the Town of Orange Park, Florida will be received by Town Clerk, Town of Orange Park, 2042 Park Avenue, Orange Park, Florida 32073 until

April 9, 2026 at 10:00AM.

Envelopes must be clearly marked with the project title, time and date of bid opening. If mailed, bids must be addressed to Town Clerk at the above address. Bids must be submitted in the format as outlined in the specifications.

Tentative Award Date: April 21, 2016

Dates and/or times are subject to change by the issuing of a written addendum.

TOWN OF ORANGE PARK Contract Managers:

Contract Administrator Project Manager Bid Administrator

Kyle Croce Rachel Savidge Courtney Russo

Public Works Director Management Analyst Town Clerk kcroce@townop.com rsavidge@townop.com crusso@townop.com

This Bid document is posted on the TOWN OF ORANGE PARK website at https://www.townoforangepark.com/town-government/purchasing-opportunities/ Please register your company’s interest in this Bid by email to rsavidge@townop.com in order to receive addenda. Questions regarding this bid will be directed via e-mail to rsavidge@townop.com.

mailto:kcroce@townop.com mailto:rsavidge@townop.com mailto:crusso@townop.com http://www.townoforangepark.com/town-http://www.townoforangepark.com/town-http://www.townoforangepark.com/town-http://www.townoforangepark.com/town-

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TABLE OF CONTENTS

Sections: Page

I. General Terms and Conditions 10

II. Specific Terms & Conditions 21

III. Specifications 25

IV. Contract for Services 31

Required Attachments:

A. Addenda Signature Acknowledgment Page 2

B. ARTICLE 8 – Bid Submittal Form Page 5-6

C. SECTION 00430 – Questionnaire Pages 7-8

D. Proposal Form/Specifications Pages 25-30

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BID FORM

ARTICLE 1 – BID RECIPIENT

1.1 This Bid is submitted to: Town of Orange Park

2042 Park Avenue

Orange Park, FL 32073

1.2 The undersigned Bidder proposes and agrees, if this Bid is accepted to enter into a Contract with the Town of Orange Park in the form included in the Bidding Documents to furnish the services as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid, and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGMENTS

2.1 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening or for such longer period of time that Bidder may agree to in writing upon request of the Buyer.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.1 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, the related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder is familiar with and is satisfied as to all Laws and Regulations in effect as of the date of the Bid that may affect cost, progress and the furnishing of services.

C. Bidder has carefully studied, considered, and correlated the information known to

Bidder; information commonly known to sellers of similar goods doing business in the locality of the Point of Destination and the site where the services will be provided;

information and observations obtain from Bidder’s visits, if any, to the Point of

Destination and the site where the Services will be provided; and any reports and drawings identified in the Bidding Documents regarding the Point of Destination and the site where the Services will be provided, with respect to the effect of such information, observations, and documents on the cost, progress, and performance of Seller’s obligations under the Bidding Documents.

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D. Bidder has given Town of Orange Park written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolution (if any) thereof by the Town of Orange Park is acceptable to

Bidder.

E. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing the services for which this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATIONS

4.1 Bidder certifies that:

A. This Bid is genuine and not made in the interests of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization or corporation.

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false of sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive or coercive practices in competing for the Contract. For the purposes of the Paragraph 4.1D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made

(a) to influence the bidding process to the detriment of Buyer,

(b) to establish bid prices at artificial non-competitive levels, or to deprive Buyer of the benefits of free and open competition.

3. “collusive practice” means a scheme or arrangement between two or more

Bidders, with or without the knowledge of Buder, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process.

ARTICLE 5: BASIS OF BID (SCOPE OF WORK)

5.1 Bidder will furnish the following TASKS in accordance with the Contract Documents:

A. Total Tree Removal

1. Felling and Removal: Trees must be cut as close to the existing grade as possible.

All trunks and limbs must be de-limbed, chipped, or chopped and hauled off-site immediately upon completion.

2. Stump Grinding: When requested, stumps shall be ground to a minimum of six (6) inches below grade in accordance with industry standards.

3. Site Restoration: All grinding debris must be removed. The resulting cavity must be backfilled to grade with clean fill dirt.

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B. Pruning and Maintenance

1. Technique: All pruning must adhere to ANSI A300 standards. Cuts must be made outside the branch bark ridge and branch collar to promote proper healing.

2. Cleanup: All debris must be hauled off-site immediately following the task.

C. Sectional Felling and Controlled Rigging In areas with limited space or proximity to structures/utilities, the Bidder shall utilize sectional felling (aerial lifts or climbing) and controlled rigging to lower segments safely. Bidder is responsible for any damage resulting from uncontrolled drops.

ARTICLE 6 – ATTACHMENTS TO THIS BID

6.1 The following documents are attached to and made a condition of this Bid. Failure to provide this supporting data may result in the bid being declared non-responsive:

A. Required Bidder Qualification Statement with Supporting Data: Evidence demonstrating the firm's ability to perform the work, specifically:

• Business Standing: Proof of active registration with the Florida Department of State

(Sunbiz) and a minimum of five (5) years in business under the current name.

• Professional Credentials: A current ISA Certified Arborist certificate for the staff member(s) responsible for project oversight.

• Experience & References: A list of at least three (3) municipal or commercial references for tree services of similar scale completed within the last five (5) years.

B. Detailed Product Information and Descriptive Literature: A comprehensive summary of the firm's operational resources, including:

• Equipment Inventory: A detailed list of all relevant machinery (e.g., bucket trucks, chippers, stump grinders, cranes) available for use under this contract.

• Service Capabilities: Descriptive material outlining the firm’s approach to emergency response times, debris disposal procedures, and site restoration standards.

• Staffing Overview: An overview of crew sizes and the training levels of personnel assigned to specialized equipment.

ARTICLE 7 – DEFINED TERMS

7.1 The terms used in this Bid with initial capital letters have the meanings stated in the instructions to the Bidders, the General Conditions, and the Supplementary Conditions.

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ARTICLE 8 – BID SUBMITTAL

8.1 This Bid submitted by:

If the Bidder is:

An Individual

Name (typed or printed)

By:

(Individual’s Signature)

Doing business as:

Business Address:

Phone: Email address:

A Corporation

Corporation Name: State of Incorporation:

Type (General Business, Professional, Service, other):

(Signature – attach evidence of authority to sign)

Name (typed or printed):

Title:

(CORPORATE SEAL)

Attest

(Signature of Corporate Secretary)

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A Limited Liability Company (LLC)

LLC Name:

State in which organized:

(Signature – attach evidence of authority to sign)

Name (typed or printed): Title:

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SECTION 00430

QUESTIONNAIRE

The undersigned warrants the truth and accuracy of all statements and answers herein contained.

Include additional sheets if necessary.

1. How many years has your company been in business?

2. Describe and give the dates and owners of the last five projects you have completed similar in type, size, and nature as the one(s) proposed.

3. Have you ever failed to complete work awarded to you? If so, where and why?

4. Name five individuals or corporations for which you performed work and provide contact name, phone number and address for each reference given.

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5. Provide a brief resume summary of the project superintendent for this project, including certifications, years of employment with the bidding firm performing similar work and years of supervisory experience with other firms that perform similar work.

6. Will you subcontract any part of this work? If so, describe which portion and list names and addresses of each subcontractor.

Description or type of work: Name:

Street City State ZIP

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State the true and exact, correct, and complete name under which you do business: Bidder is:

SOLE PROPRIETORSHIP OR PARTNERSHIP (circle one)

(SEAL)

(Individual's or General Partner’s Signature)

(Individual's or Partnership’s Name)

Doing business as:

Business address:

Phone Number:

A CORPORATION

(SEAL)

(Name of Corporation)

(Signature and Title)

(Print Name and Title)

Phone Number:

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SECTION I - GENERAL TERMS AND CONDITIONS

1. Introduction

This solicitation is to establish a contract based for the TREE REMOVAL AND PRUNING

SERVICES in the Town of Orange Park, Florida. The successful Contractor is to provide labor, material, equipment, and supervision as necessary to successfully perform this contract. Request for quotes under this Bid may be utilized on an “as needed” basis.

The Town intends to award contracts to a bidder based on the needs of the Public Works Department and the capabilities of the bidder. Bidders are required to offer prices on work described in SECTION III –

SPECIFICATIONS / PROPOSAL but will not be awarded any work for items that were not bid, without an agreement by the Town of Orange Park. The Town of Orange Park reserves the right to award

POs to the most qualified bidder(s) with the lowest unit price for the items of work “as needed” and/or on the basis of availability of the Contractor to respond promptly to the needs of the Town.

2. Definitions

As contained herein, the terms “TOWN OF ORANGE PARK”, “Public Works Department” and/or

“Owner” means Orange Park Public Works Department. The terms “bidder”, “offeror”, “firm”, and

“person” are synonymous, and mean an entity submitting a proposal in response to this solicitation.

Similarly, the terms “bid”, and “proposal”, mean the response submitted by an offeror. The term

“contractor” means an offeror awarded a contract as a result of this solicitation. The terms “General and

Special Provisions”, “requirements”, “scope”, “specifications”, and “criteria” mean the services, terms, and conditions required by the Bid/ITB.

3. Receipt of Bids

a. Bids received prior to the time of opening will be time-stamped and securely kept unopened. No bid received after the due date and time listed will be considered. TOWN OF ORANGE PARK will not be responsible for the premature opening of bids received that are not properly addressed or identified. Any bid may be withdrawn before the scheduled time for opening bids.

b. All inner and outer envelopes and packaging, used by Fed Ex, UPS and etc., are to be labeled with the following:

o Bidder Name o Bid Number and Name o Due Date and Time

c. Bids received after the designated date and/or time will not be accepted, regardless of when they were mailed or given to a delivery carrier.

d. Bids not received by the date, time, and location designated on the solicitation cover sheet, due to improper labeling, may be considered non-responsive.

e. In the event of inclement weather on the date when bids are scheduled to be opened and the TOWN

OF ORANGE PARK offices are closed, or operating under a modified schedule, bids will be opened on the next business day at the same time as previously scheduled. Bids will be accepted until the scheduled time of opening on the next business day.

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4. Addenda

a. All changes to the bid solicitation will be made through appropriate addenda issued from the Bid

Administrator.

b. Addenda will be available to companies registered with the Bid Administrator.

c. Addenda will be issued no later than four (4) days prior to the date for receipt of Bids except an

Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

d. Each bidder shall ascertain, prior to submitting a bid that they have received all Addenda issued and the bidder shall acknowledge receipt on the Signature Acknowledgement Form. Failure of any bidder to acknowledge the receipt of addenda will not relieve that bidder from any obligations under this solicitation as amended by addenda. All addendas issued will become part of the award and contract documents.

5. Preparation of Bid

a. Should any bidder be in doubt as to the meaning of the specifications, or should they find any discrepancy or omission, they shall notify the Contract Managers listed on the solicitation cover sheet.

No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful offeror from its obligations to comply in every detail with all the provisions and requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the successful bidder. If required, bidders will be notified of clarifications and/or additional information by means of addenda.

b. Each bid will show the full business address and contact information of the bidder and be signed by the person(s) legally authorized to sign contracts. All correspondence concerning the bid and contract, including notice of award, copy of contract, and purchase order, will be emailed, or mailed, to the address shown on the bid in the absence of written instructions from the bidder to the contrary.

c. By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State of Florida, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract if selected for contract award.

d. Bids by partnerships must be signed with the partnership name, followed by the signature and designation of the person having authority to sign. When requested, satisfactory evidence of authority of the person signing will be furnished. Anyone signing the bid as an agent shall file satisfactory evidence of their authority to do so, if requested.

e. Bids by corporations must be signed with the name of the corporation, followed by the signature and designation of the person having authority to sign. When requested, satisfactory evidence of authority of the person signing will be furnished. Anyone signing the bid as an agent shall file satisfactory evidence of their authority to do so, if requested.

f. Failure to sign the bid document will result in rejection of the bid as non-responsive.

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g. TOWN OF ORANGE PARK will not be responsible for any costs incurred by a bidder in preparing and submitting a proposal in response to this solicitation.

6. Bid Opening

a. Bids shall be opened in public at the time and place designated in the bid solicitation.

b. Complete evaluation of the proposals will not take place at the bid opening and no indication of award will be made. A final recommendation(s) shall be prepared for review and approval by the Town Council of Orange Park.

c. Final award recommendation, and the bid tabulation, will be posted on the TOWN OF ORANGE

PARK webpage, after Town Council of Orange Park approval.

7. Award or Rejection of Bids

a. The basis of award shall be to the responsible bidder(s) submitting responsive bid(s) that conforms to the specifications established in the solicitation with consideration given to the quantities involved, time required for delivery, purpose for which required, competency and responsibility of bidder, and the ability of the bidder to perform satisfactory service.

b. TOWN OF ORANGE PARK reserves the right to determine completeness and/or timeliness of bids, to reject any or all bids in whole or in part, to make partial awards, to waive any informality in any quotation, to increase or decrease quantities if quantities are listed in the bid, to reject any bid that shows any omissions, alterations of form, additions not called for, conditions, or alternate proposals, and to make any such award as is deemed to be in its best interest.

c. Bidders may be required, before the awarding of a contract, to show to the complete satisfaction of

TOWN OF ORANGE PARK, that they have the necessary facilities, ability, and financial resources to execute the contract in a satisfactory manner, and within the time specified. Bidders may be required to demonstrate they have the necessary experience, history, and references to assure TOWN OF ORANGE

PARK of their qualifications.

d. The TOWN OF ORANGE PARK reserves the right to award the bid(s) within 90 days from the date of the bid opening unless a different time period is stated in the bid document.

e. Unless stated otherwise in Section II, the contract may be awarded by line item, group, or in the aggregate, whichever is in the best interest of TOWN OF ORANGE PARK.

f. In the event of a tie, where all other factors, such as past performance, are considered comparable, the award shall be made to the Orange Park based bidder; the closest Florida out-of-county based bidder;

and the closest out-of-state based bidder, in that order of preference.

g. TOWN OF ORANGE PARK does not have local, state or federal preference requirements except when mandated by a targeted funding source.

h. If, after competitive sealed bids have been opened, the Town determines that only one responsible bidder has submitted a responsive bid, the procurement contract may be negotiated with that one bidder as sole source procurement.

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i. A recommendation for the award of a contract(s) will be presented to the Town Council of Orange Park for approval. Upon approval of the award of contract(s), the bidder(s) shall be notified of their award(s).

If applicable, a TOWN OF ORANGE PARK contract document shall also be issued.

j. The TOWN OF ORANGE PARK reserves the right to reject the bid of a bidder who has, in the opinion of TOWN OF ORANGE PARK, failed to properly perform under previous contracts, or, who investigation shows, is not in a position to perform the contract.

k. The TOWN OF ORANGE PARK retains the right to:

i. Reject any and all bids, if it is deemed in the best interest of TOWN OF ORANGE PARK to do so.

ii. Request revised or best and final pricing from all qualified bidders.

iii. Reject bids for one or more of the following reasons:

1. Failure of the bidder(s) to provide the requested information.

2. Failure of the bidder(s) to respond to any question, request for information, clarification, presentation, or interview.

3. Failure of the bidder(s) to follow the prescribed instructions for proposal preparation, submission, and response format.

4. Collusion or the appearance of collusion, among or between firms.

5. Lack of responsibility on the part of the bidder, as determined by the Contract

Manager.

6. Submission of a proposal, in whole or in part, that does not meet bid specifications as outlined herein.

7. Evidence submitted by, or investigation of, bidder fails to satisfy TOWN OF

ORANGE PARK that the bidder is sufficiently experienced and qualified to carry out the obligations of the contract contemplated herein.

8. Other irregularities or inconsistencies within a proposal deemed significant deviations or issues by the Contract Manager.

8. Cancellation

If, during the life of the contract, a product or service does not meet the solicitation terms and conditions, TOWN OF ORANGE PARK retains the right to cancel the awarded item(s) and award to another bidder, as long as that bidder mutually agrees to the award.

9. Contract Formation

a. Notification of the contract award will be made by letter after approval by the Town Council of

Orange Park.

b. The primary form of contract will be a Service Agreement and/or the purchase order(s), and any agreed-upon schedules, addenda, shop drawings, and documents associated with the bid solicitation/submission/award.

c. A secondary form of contract, if required, may be noted in this bid solicitation.

d. No amendment, modification or change to the contract shall be effective unless such change is in writing and mutually agreed upon by authorized representatives of TOWN OF ORANGE PARK and the awarded vendor(s). Changes may not significantly alter the original scope of the agreement.

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10. Objection to Award

Any company objecting to the bid procedure or the recommendation for award has five (5) business days following the date of award by the Town Council to file a written protest with the Town Manager, Town of Orange Park. It is the company’s responsibility to ascertain and confirm the date/time of the pertinent meeting. The written appeal must be submitted on company letterhead, dated and signed by the senior officer in the company. The protest letter must include a request for review and ruling by

TOWN OF ORANGE PARK, a detailed statement of the legal and factual grounds for the protest, including the resulting prejudice to the company, copies of relevant documents, and a statement of the form of relief being requested. Failure to comply with these instructions may result in the protest being deemed “not filed.” Bid protests received later than five (5) days after the Town Council meeting will result in the protest being deemed “not timely.” The TOWN OF ORANGE PARK will not respond or address bid protests that do not conform to these instructions.

11. Insurance

The Vendor shall purchase and maintain (throughout the life of this contract) such insurance as will protect the Vendor, and the TOWN OF ORANGE PARK, from claims which may arise out of or result from the Vendor's operations under the contract, whether such operations be by the Vendor or by any subcontractor, lower tier contractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them be liable.

The requested Certificate of Insurance will name the Town of Orange Park as an additional insured party for general liability, professional liability and umbrella excess liability.

Also, the following must be in the Additional Remarks of the certificate of insurance: “The Town of

Orange Park and its elected and appointed officials, officers, employees and authorized volunteers shall be named as additional insureds on the Professional’s commercial general liability insurance with respect to liability arising out of the services provided under this Contract by the Professional.”

The certificate will be submitted to the Purchasing Department (within 10 days of receiving an Award

Letter) verifying that the indicated below will be maintained prior to commencement of work.

The CERTIFICATE HOLDER shall be listed as:

Town of Orange Park

Orange Park, FL 32073

a. Required Coverage:

1. Worker's Compensation: workers’ compensation insurance or its equivalent with statutory benefits as required by any state or Federal law, including standard "other states" coverage; employers liability insurance or its equivalent with minimum limits of:

i. $100,000 - each accident for bodily injury by accident;

ii. $100,000 - each employee for bodily injury by disease; and

iii. $500,000 - policy limit for bodily injury by disease.

2. Comprehensive General Liability (including Premises-Operations; Independent

Contractor's Protective products and Completed Operations; Board Form Property Damage);

i. Bodily Injury:

1. $1,000,000.00 - Each occurrence

2. $2,000,000.00 - Aggregate, Products and Completed Operations

ii. Property Damage:

1. $1,000,000.00 - Each occurrence

2. $2,000,000.00 – Aggregate

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3. Comprehensive Automobile Liability (Owned, non-owned, hired);

i. Bodily Injury:

1. $500,000.00 – Each Occurrence

ii. Property Damage:

1. $50,000.00 - Each occurrence

12. Independent Contractor Status

The Vendor acknowledges its status as an independent contractor while performing services on behalf of TOWN OF ORANGE PARK and the Orange Park and that the Board’s workers’ compensation coverage or self- insurance is not intended to and will not respond to cover any medical or indemnity loss arising out of injury to the Vendor or its employees during the Vendor’s performance of services for the Board.

13. Warranty

a. In submitting a proposal, each bidder thereby represents that he will upon award of the contract, guarantee, in writing, all materials and workmanship for a period of one (1) year from date of substantial completion. During the guarantee period the Contractor will be required, within a reasonable length of time after receipt of written notice by the Owner, to make good any defects in materials or workmanship which may have developed and to make good any damage to other work caused by such defects or the repairing of the same, at his own expense and without cost to the Owner.

b. If a bidder cannot guarantee all materials and workmanship that is shown or specified, then it shall be so stated in his proposal, and unless this is done, it shall be understood that the bidder accepts all of the guaranteed conditions called for, and he shall be bound thereto upon award of the contract.

14. Taxes

No charge will be allowed for federal excise, state, and/or municipal sales and use taxes, from which the Town of Orange Park is exempt. Pricing will be net and will not include the amount of any such tax. Bidders will be required to pay the tax on all purchases and can recover it only as a part of their bid price. Exemption certificates will be furnished upon request.

15. Errors in Bid Submissions

a. Bidders, or their authorized representatives, are expected to fully inform themselves as to the conditions and requirements of the specifications before submitting bids. Failure to do so will be at the bidder's own risk. The Bidder shall have no right to any damages, cost and/or any other remedy at law or equity against TOWN OF ORANGE PARK for any miscalculation, misunderstanding, error (either omission or commission), mistake, misinterpretation, and/or the failure by the Bidder to obtain an award of bid, award of contract and/or profits, fees or money from TOWN OF ORANGE PARK when the Bidder failed to fully inform itself.

b. If the bidder has made an error, the bidder may request, in writing, to have their bid withdrawn.

Approval of a bidder's request is not automatic and may be given only by the Supervisor of

Purchasing. Requests for withdrawal are usually denied, unless the bidder proves to the satisfaction of the Supervisor of Purchasing that the mistake was either a scrivener's error or another type of clearly unintentional error so departing from customary and reasonable business practices as to be obvious and to legitimately and substantially impair the vendor's business.

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c. Neither law nor regulations make allowance for errors either of omission or commission on the part of the bidders. In case of error in multiplication of unit price when arriving at total price per line item, the unit price shall govern. If there is a discrepancy between the price written in numbers and the price written in words, the words will govern.

16. Billing and Payment

a. Invoices shall be submitted to:

Town of Orange Park Public Works via email to: invoicepw@townop.com

b. Invoices must contain the following information:

i. Purchase Order Name

ii. Brief Description of Item or Work Performed

iii. Quantity

iv. Unit Price Bid

v. Extended Total for Each Item

c. TOWN OF ORANGE PARK standard payment terms are Net 30.

17. Contract Assignment

a. The awarded vendor(s) will not assign or transfer any portion of their interest or obligation under this Agreement to any third party, without the prior written consent of the Contract Managers.

Nothing herein shall be construed to create any personal or individual liability upon any employee, officer, elected official of the Town of Orange Park, nor shall this Agreement be construed to create any rights hereunder in any person or entity other than the parties to this Agreement.

b. The awarded vendor(s) will, when required, submit to the Contract Managers, in writing, the name of each subcontractor they intend to employ, the portion of the material or services to be furnished, their place of business, and any such information as may be required in order to know whether such subcontractor is reputable and reliable and able to furnish satisfactorily the material or services as called for in the specifications.

c. TOWN OF ORANGE PARK reserves the right to approve or disapprove all subcontractors to be employed on a project. TOWN OF ORANGE PARK further reserves the right to approve or disapprove a change of subcontractor once an initial subcontractor has been approved. Any increased cost associated with the change of a subcontractor shall be the full obligation and responsibility of the awarded vendor(s).

d. The awarded vendor(s) will not legally, or equitably, assign any of the funds payable under the contract, or its claim thereto, unless by, and with, the consent of the Contract Managers.

e. The awarded vendor(s) will have the same provisions inserted in all subcontracts relative to the terms of the general conditions and other contract documents. Nothing contained in this contract shall create any contractual relations between any subcontractor and TOWN OF ORANGE PARK.

mailto:invoicepw@townop.com

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18. Hold Harmless

It is understood that the awarded vendor(s) shall defend and hold harmless the Town of Orange Park, and its representatives, from all suits, actions, or claims of any kind brought about as a result of any injuries or damages sustained by person(s) or property during the performance of this contract.

19. Termination for Default

a. When an awarded vendor has not performed or has unsatisfactorily performed the contract, payment shall be withheld at the discretion of TOWN OF ORANGE PARK. TOWN OF ORANGE

PARK may, by written notice of default to the vendor, terminate the whole or any part of the contract in any of the following circumstances:

i. If the vendor fails to perform the services or provide the products within the time and manner specified herein or any extension thereof, or:

ii. If the vendor fails to perform any of the provisions of this contract, or fails to make progress as to endanger performance of this contract, in accordance with its terms and in either of these two circumstances does not cure such failure within a period of ten calendar days (or longer as authorized by the Supervisor of Purchasing) after receipt of written notice from the Supervisor of Purchasing of such failure, or:

iii. If the vendor willfully attempts to perform the services other than specified as to coverage, limits, protections, and quality or otherwise, without specified authorization in the form of contract amendment, or:

iv. If a determination is made by TOWN OF ORANGE PARK that the obtaining of the contract was influenced by an employee TOWN OF ORANGE PARK having received a gratuity, or a promise, therefore, in any way or form.

b. If, after notice of termination of this contract under provisions of this clause, it is determined for any reason that the vendor was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to a termination for convenience.

20. Termination for Convenience

The contract may be terminated by TOWN OF ORANGE PARK in accordance with this clause in whole, or in part, whenever TOWN OF ORANGE PARK determines that such a termination is in the best interest of TOWN OF ORANGE PARK. Written notice shall be given a minimum of 60 days in advance. TOWN OF ORANGE PARK will pay for all services, in accordance with contract pricing, up to the date of the termination. However, the awarded vendor(s) shall not be reimbursed for any anticipatory profits that have not been earned up to the date of termination. Under this contract, the awarded vendor does not have a right to unilateral termination for convenience.

21. Governing Law and Venue

The solicitation shall be construed in accordance with, and interpreted under, the laws of the State of

Florida. Any lawsuits shall be filed in the appropriate State Court located in Clay County, Florida.

22. Multi-Agency Participation

a. TOWN OF ORANGE PARK reserves the right to extend the terms and conditions of this solicitation to any and all other agencies within the state of Florida, as well as any other federal, Page | 18 state, municipal, county, or local governmental agency under the jurisdiction of the United States and its territories. This is conditioned upon mutual agreement of all parties pursuant to special requirements, which may be appended thereto. The awarded vendor(s) agrees to notify the issuing body of those entities that wish to use any contract resulting from this bid and will also provide usage information, which may be requested.

b. By agreeing to extend the contract to other agencies, the vendor(s) reaffirms and warrants his original commitment to TOWN OF ORANGE PARK so that afterward all items and services shall continue to conform to the requirements and conditions of the original agreement for its duration.

Agencies who utilize the contract agree to notify TOWN OF ORANGE PARK Purchasing

Department of any significant experience, problems or issues which may, or may have the potential to, affect our administration of this contract.

c. TOWN OF ORANGE PARK assumes no obligation on behalf of any other agency and shall be held harmless if either party is damaged due to the agency or vendor’s failure to become informed of, or comply with, any provision or pricing under this agreement. All purchase orders and billing will be transacted between the vendor and the public agency.

d. Each participating jurisdiction or agency shall enter into its own contract with the awarded vendor(s) and this contract shall be binding only upon the principals signing such an agreement.

Invoices shall be submitted in duplicate “directly” to the ordering jurisdiction for each unit purchased. Disputes over the execution of any contract shall be the responsibility of the participating jurisdiction or agency that entered into that contract. Disputes must be resolved solely between the participating agency and the awarded vendor(s). The Lead Agency does not assume any responsibility other than to obtain pricing for the specifications provided.

23. Compliance with Specifications

a. The awarded vendor(s) will abide by, and comply with, the true intent of the specifications and not take advantage of any unintentional error or omission but will fully complete every part as to the true intent and meaning of the specifications and drawings.

b. Whenever mention is made of any article, material, or workmanship to be in accordance with laws, ordinances, building codes, underwriter's code, A.S.M.E. regulations, or similar expressions, the requirements of these laws, ordinances, etc., shall be construed as to the minimum requirements of these specifications.

c. Where the requirements of the specifications call for a higher grade and are not in conflict with the laws, ordinances, etc., the specifications shall govern.

d. In the case of any apparent conflict between the specifications and such laws, ordinances, etc., the awarded vendor(s) will contact the Contract Administrator and the Contract Manager for a decision before proceeding with any work.

24. Safety Requirements

a. When applicable, all machinery/equipment must meet OSHA requirements as to the safety of the operation of the equipment. All required safety devices shall be included in the price(s) bid.

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b. All construction activities must be conducted in strict compliance with OSHA requirements.

c. Should the Vendor become aware of or suspect the presence of Hazardous Materials (i.e. asbestos, lead paint, etc.), the Vendor shall immediately stop work in the affected area and notify the TOWN

OF ORANGE PARK Contract Administrator. TOWN OF ORANGE PARK will be responsible for taking any and all actions necessary to correct the condition in accordance with all applicable laws and regulations. The Contractor shall be required to resume performance of the work or any TOWN

OF ORANGE PARK requested work in the affected areas only in the absence of Hazardous

Materials or when the affected area has been rendered harmless. In addition, the Vendor may not introduce new Hazardous Materials into the site.

25. Laws and Regulations

a. The vendor will comply with all Federal, State, and local laws, ordinances, and regulations pertaining to work under their charge. If the vendor performs any work which it knows or should know to be contrary to such laws, ordinances, and regulations and without such notices to TOWN

OF ORANGE PARK they shall bear all costs arising therefrom.

b. The vendor certifies that their firm adheres to or follows non-discriminatory practices with respect to the employment and promotion of personnel without regard to color, creed, race, sex, or national origin.

26. Minority and Small Business Enterprises

Minority Business Enterprises are encouraged to respond to this solicitation notice. However, there is no MBE participation goal for this procurement.

27. Illegal Immigrant Labor

The use of illegal immigrant labor to fulfill contracts solicited by TOWN OF ORANGE PARK is in violation of the law and is strictly prohibited. Awarded vendor(s) and subcontractors must verify employment eligibility of workers in order to assure that they are not violating federal/state/local laws regarding illegal immigration. A compliance audit may be conducted.

28. Proprietary and Confidential Information

a. All submitted documents are subject to public disclosure.

b. Unless portions of a proposal are identified as confidential, all records are considered public. A person or governmental unit that wishes to inspect a public record, or receive copies of a public record, shall submit a written or electronic request.

29. Indemnification

The Vendor shall indemnify, defend, and hold harmless the Town Council and its respective elected officials, employees, departments, agents, and volunteers from any and all claims, demands, suits, and actions, including attorney's fees, litigation expenses and court costs, connected therewith, brought against the Council and its respective elected officials, employees, departments, agents, and volunteers, arising as a result of any direct or indirect, willful, or negligent act or omission of the Vendor (or its employees, agents, or volunteers), including any and all claims, costs, and/or losses whatsoever occurring or resulting from the Vendor’s failure to pay any such compensation, wages, benefits, or taxes, and the supplying to the Vendor of work, services, materials, or supplies in connection with or in support of the performance of this Agreement.

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30. Force Majeure

Force Majeure is defined as an occurrence beyond the control of the affected party and not avoidable by reason of diligence. It includes the acts of nature, war, riots, strikes, fire, floods, epidemics, terrorism, or other similar occurrences. If either party is delayed by Force Majeure, said party shall provide written notification to the other within 48 hours. Delays shall cease as soon as practicable and written notification of same provided. The time of contract completion may be extended by contract modification, for a period of time equal to that delay caused under this condition. TOWN OF ORANGE

PARK may also consider requests for price increase for materials and/or raw materials that are directly attributable to the cause of delay. TOWN OF ORANGE PARK reserves the right to cancel the contract and/or purchase products, materials, equipment or services from the best available source during the time of Force Majeure, and the vendor shall have no recourse against TOWN OF ORANGE PARK.

Further, except for payment of sums due, neither party shall be liable to the other or deemed in default under this contract, if and to the extent that such party’s performance of this contract is prevented by reason of Force Majeure as defined herein.

31. Disputes

If a dispute arises under this agreement, each party shall appoint a representative to resolve the dispute. Both parties shall use best efforts to arrive at a final resolution of the dispute. In the event that a final resolution negotiated between party representatives is not attainable, the Supervisor of

Purchasing will issue a final decision.

32. Non-Collusion

a. Bidder represents and certifies that prices for these services have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition or any matter related to such prices with any competitor or other bidder. Prices quoted in this bid have not been knowingly disclosed directly or indirectly to any competitor or other vendor prior to the opening of this bid.

b. Bidder represents and certifies that it has not employed or retained any other company or person (other than a full-time bona fide employee working exclusively for the bidder) with the primary intent to solicit or secure the contract.

33. Conflict of Interest

The bidder will advise TOWN OF ORANGE PARK in writing, as soon as possible, but not later than the date of the Bid/RFP opening, of any known relationships with a third party, or

TOWN OF ORANGE PARK employee or representative, which would present a significant advantage to one bidder over another bidder or present a conflict of interest with the rendering of products and services under this agreement.

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SECTION II - SPECIFIC TERMS AND CONDITIONS

1. Questions and Inquiries

Questions and inquiries should be emailed to Rachel Savidge rsavidge@townop.com. Please put the following in the subject line: “Tree Removal and Pruning Services”.

2. Term of Contract and Task Completion

a. Master Contract Term: This contract shall be valid for a period of three (3) years from the date of final execution, with an option for two (2) additional one-year renewals if mutually agreed upon in writing by both parties.

b. Task-Specific Timelines: Because services are requested on a case-by-case basis, the timeline for any specific tree removal or pruning task shall be established at the time a quote is requested.

c. Performance: Once a quote is accepted and a Purchase Order is issued, time is of the essence. The

Contractor shall begin work within ten (10) calendar days of the issuance of said Purchase Order, unless a different start date is mutually agreed upon in writing.

3. Acceptance of Terms and Contractual Relationship

a. Nature of Solicitation: This Bid/ITB contains no contractual offer of any kind. Any proposal submitted will be regarded as an offer by the vendor and not an acceptance of an offer by the TOWN

OF ORANGE PARK.

b. Formation of Agreement: No binding contractual relationship will exist until the Town issues a written Notice of Award and a Master Service Agreement is fully executed.

c. Authorization of Work: Execution of the Master Service Agreement does not authorize work.

Work is only authorized on a case-by-case basis through the issuance of a formal Purchase Order.

d. Implicit Acceptance: By submitting a response, the offeror is deemed to have accepted all terms herein. Any exceptions must be explicitly noted and explained in the proposal.

4. Contract Scope and Quantities

a. No Guaranteed Volume: The TOWN OF ORANGE PARK is not obligated to any specific purchase quantity or dollar amount. This is a "requirements-based" contract; the Town will request services only as needs arise.

b. Minimum Orders: The Town will reject any bids that stipulate "minimum order" quantities or

"minimum call-out" fees not explicitly allowed in the bid pricing sheet.

c. Communication: After a Purchase Order is issued for a specific case, any issues regarding equipment availability or scheduling must be communicated in writing to the Contract Administrator immediately.

d. Alternate Sources: The Town reserves the right to make purchases from alternate sources if it is in the Town's best interest (e.g., the awarded vendor is unavailable for an emergency). However, the primary awarded vendor(s) will be given the first opportunity to provide a quote or match alternate pricing.

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5. Bid Submission

a. Bids will be submitted per the information on the coversheet.

b. All forms shall be properly completed and where applicable signed by an officer or principal of the company.

6. Projects / Purchase Orders

Individual purchase orders will be issued for Scheduled projects. A Blanket PO may be issued for each fiscal year. There is no minimum order for services. TOWN OF ORANGE PARK will not pay for travel to an assignment location or return travel fee for unfinished work.

7. Emergency Projects

TOWN OF ORANGE PARK will contact an awarded contractor to determine if they can meet the required timeline in response to an emergency. Once an awarded contractor has committed to meet the timeline, the contractor will be a notice to proceed by in writing or verbally. Invoices for emergencies will be based on the rates submitted and awarded by each vendor under this proposal. Each awarded contractor will be assigned a Purchase Order Number for invoicing emergency work. This Purchase

Order number shall be listed on invoices.

8. Scheduled Tree Projects (Mini-Quotes)

All awarded contractors will be solicited to submit a specific quote proposal for specialized tree projects

(such as large-scale removals, clearing, or multi-street pruning).

A. The Town Designee Will:

i. Notify the awarded vendor(s) in writing or verbally of the specific tree(s) or area(s) to be addressed.

ii. Set a pre-quote site visit (with at least 48 hours’ notice) to inspect the trees. During this meeting, the following will be established:

▪ Detailed Scope: Identification of specific trees for removal, pruning types (e.g., Crown Thinning, Elevation), and stump grinding requirements.

▪ Logistics: Determination of who is responsible for traffic control (MOT) and site restoration.

▪ Quotation Deadline: A due date and time for the quote (minimum 48 hours after the site visit).

▪ Timeline: Specific start and completion dates based on the urgency of the tree work.

▪ Site Assessment: Verification of pre-existing conditions, including proximity to power lines, fences, and existing turf damage.

▪ Mapping: If available, the designee will furnish a map or inventory list showing tree locations.

iii. Award: Assign the task to the lowest responsive, responsible quote, considering the contractor’s ability to provide the necessary specialized equipment (e.g., cranes, buckets, or grapples).

B. The Contractor Will:

i. Field Verification: Be responsible for verifying tree sizes (Diameter at Breast Height - DBH) and assessing canopy spread.

ii. Permitting: Be responsible for obtaining any required tree removal permits or ROW (Right-of-Way) permits as determined by local code.

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iii. Traffic & Utility Safety: Be responsible for 811 utility locates before stump grinding and for providing all necessary MOT (Maintenance of Traffic) devices like cones and flaggers. MOT must meet the FDOT Standards or Town of Orange Park standards depending on ROW location.

iv. Certification: Ensure an ISA Certified Arborist oversees the quote and the work for complex pruning or high-risk removals.

v. Quote Format: Submit a “Not to Exceed” estimate. Pricing must be based on the labor, material, and equipment rates established in the master contract.

vi. Site Protection: Confine equipment and debris to the limits indicated by the Town. The

Contractor must protect curbs, sidewalks, and irrigation systems from damage by heavy machinery.

vii. Clean-Up: Keep the site free from accumulations of wood chips, logs, and brush. All debris must be hauled away daily unless otherwise authorized.

viii. Invoicing: Invoices must include the Purchase Order Number and a breakdown of the specific trees addressed.

ix. Responsiveness: Respond to every Request for Quote (RFQ). If unable to quote, submit a

“No Quote” response. Failure to respond to three consecutive requests may result in contract…