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HomeMy WebLinkAbout2017-164AAgreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Southern Management, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the .mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is described in Exhibit 1— Scope of Work. ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name_: Bid Number: Project Address ARTICLE 3 - TERM Annual Maintenance at Spoonbill Marsh RFP 2017066 . 130057 th Street, Vero Beach, FL 32967 The term of this agreement shall be three years, with two (2) additional one .(1) year renewals available, subject to vendor acceptance, satisfactory performance, and staff's determination that a renewal would be in the best interest of the Count ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the_ sum of the amounts determined pursuant to work completed and at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 2. ARTICLES - PAYMENT PROCEDURES 5.01 Owner shall make monthly payments based on invoices submitted and for work completed by CONTRACTOR. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the o CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms -- and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to _ inclusive); (2) Certificate of Liability Insurance (3) Request for Proposals 2017066 (4) Addenda (numbers 1to 2 inclusive); (5) CONTRACTOR'S Price Proposal Bid Form (page 12 of 21); (6) CONTRACTOR'S Submitted Proposal (7) Affidavit of Compliance (page 21 of 21); (8) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 19 to 20 of 21, inclusive); (9) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all=public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. 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 THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 :)ubiicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Compliance with the Contract Work Hours and Safety Standards Ad: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. Any agency providing outside funding for any portion of this work shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. B. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the OWNER, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to theOWNER, Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. C. Energy Policy and Conservation Act: The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. D. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida and Indian River County), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. E. Byrd Anti -Lobbying Amendment CONTRACTOR certifies to OWNER that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. F. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. L. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. M. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. N. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 0. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. P. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on October 24 2017 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: APPROVED AS TO FORM AND LEGA r,FFICIENCY: By: ylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller e Designated Representative: Name: Title: Address: Phone Email 5� v 13tie�y1 /'►/�o'I-ce�e�n:-''� i'._L_G 3y: (2t, ' Y . (Contractor) (CORPORATE SEAL) attest Addressr giving notices: -1 erg & a Clg , A .34.9 to 7 License No. (Where applicable) Agent for service of process: Designated Representative: Name: Be_+o V • Sr- ► b(u- Title: rrc6t araf- Address: (o wy L gf-t15fir-6Cf 1/er42 6CA.eh1 t= .3294 7 Phone: -)7Z,-q!3-(577 Email: 6 5cj4,A 161ev P apt . CD 'M (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ROl1TH 'A np In- AS CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 10!24!2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 772-567-4930 Ryan Weaver Insurance, Inc. CenterState Bank Bldg. 855 21 st Street - 2nd Floor C ACT Ryan M. Weaver PHONE 772-5674930 FAX772.5674931 (A1C, No, Ext): (A1C, No): X -MA Vero Beach, FL 32960 72467337 Ryan M. Weaver INSURERS AFFORDING COVERAGE NAIC II INSURER A, Auto Owners Insurance Co. 18988 INSURED Southern Management, LLC Beth Sembler INSURER 8: 6945 49th St INSURER C: INSURER D: Vero Beach, FL 32967 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMRER- REVISION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [X] OCCUR X 72467337 11/22/2017 11%22/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED$ 300,ence)000 MED EXP (Any oneperson) 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: X POLICY —JELQT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS- COMPIOP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUT OSONLY AUTOS AUTO ONLY ATOS ONLY Ea act cin SINGLE LIMIT $ BODILY INJURY Perperson) $ BODILY INJURY Per accident $ C� �Rd Yt AMAGE $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE4 S AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICERIM�MBER EXCLUDED? (Mandatory n NNFFi1)) If ye, describe under DESsCRIPTION OF OPERATIONS below NIA PER OTH- TLITE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is Additional Insured for the General Liability policy perform 55373 - Blanket Additional Insured nrerrrrrArC unr nCe rANr CI I ATInN ACORD 25 (2016103) O 1988-2015 ACORD CORPVRATIUN. An rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Indian River County Utilities 1801 27th Street Vero Beach, FL 32960 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) O 1988-2015 ACORD CORPVRATIUN. An rights reserved. The ACORD name and logo are registered marks of ACORD A� �DF CERTIFICATE OF LIABILITY INSURANCE °A1 CERTIFICATE MAY BE ISSUED OR -MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1lrotnon /01/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,' THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(§), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED; the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certainpolicies may require an endorsement A statement on this certificate. does not confer rights to the certificate holder in lieu of such endorsenw s . PRODUCERO SWeFa= Joe Raley insurance Agency ®- 1676 US Highway 1W-im a Sebastian FL, 32958 NAME: Tina - PHON.NEs .FXt1� 772-589-4300 Fgtc No e MeuL �llRES3: INSURER(S) AFFORDING COVERAGE NAIC A INSURER A: State.Farm Mutual Automobile Insurance Company 25178 INSURED Sembier & Serrtbler 6945 48th St Vero Beach FL 32967 INSURER B : INSURER C : INSURER D INSURER E: INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED: NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR -MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY. PAID CLAIMS. POUCY EFF -T POLaYYCYc arP ?LTR TYPE OF INSURANCE AOD a ' POLICY NUMOER I MMIDD LIMITS ACCORDANCE WITH THE POLICY PROVISIONS. COMMERCIAL GENERAL LIABILITY A ED REPRES E 1801 27th St Vero Beach FL, 32960 EACH OCCURRENCE $ PPREMMISES(Ea otcurrenrz S CLAIMS -MADE OCCUR MED EXP (Any one person) S ' PERSONAL 8 ADV INJURY S GEN•L AGGREGATE LIMIT APPLIES PEP.: __ GENERAL AGGREGATEPRO- � 5 ]II j POLICY LOC J EC ; .PRODUCTS .-COMP/OPAGG 1$ S I OTHER: i AUTOMoaa.ELIABILITY Y j 1006709616591 08/06/2017102116/2018 Eesoa ams LEUMrr s ANY AUTO k i BODILY INJURY (Per person) S 2,000 QDD OWNED SCHEDULED AUTOS ONLY I AUTOS BODILY INJURY (Per acddert) $ 2,000.000 HRED NON AUTOS ONLY f AUTOS ONLYPROPERTY DAMAGE - $ 1,000,000 Per 000dont a I I UMBRELLA UAB OCCUR I EACH OCCURRENCE $ T EXCESS Like CLAIMS -MADE i AGGREGATE S _ DED RETENTIONS $ E WORNERSCDMPENSATION - PER OTH- AND EMPLOYERS•LIABIUTY YIN 1 ATUTE ER E.L. EACH ACCIDENT S ANY PROPRIETORIPARTNER/EXECUTFVE 1 OFFICER/MEMBER EXCLUDED? NIA " E.L. DISEASE - EA EMPLOYE 5 (Mandatory In NHI If ya, descnbe under 1 EL DISEASE •POLICY LIMIT $ DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, AddlUanai Remarks SchodWe, may be attached S more spat* to raQ lrad) Additional Insured Endorsement on Policy for SOUTHERN MANAGEMENT LLC 6945 49th St Vero Beach FL 32967 Additional Insured Endorsement on Policy for INDIAN RIVER COUNTY UTILITIES 1801 27th Street Vero Beach FI 32960 w �aoo-cv r� Ftt.UrcU 1.Vtt KA I IUN. All rights reserved. ACORD 25, (2016103) The ACORD name and logo are re tered marks of ACORD' IM1486 132649.12 0316-2016 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ' Indian River County Utilities Department ACCORDANCE WITH THE POLICY PROVISIONS. Department of UUfitySelvice A ED REPRES E 1801 27th St Vero Beach FL, 32960 w �aoo-cv r� Ftt.UrcU 1.Vtt KA I IUN. All rights reserved. ACORD 25, (2016103) The ACORD name and logo are re tered marks of ACORD' IM1486 132649.12 0316-2016 945 49TH ST ERO BEACH FL 32957 COPES OF. BUSINESS OR TRADE: LANDSCAPE GARDENING i DRIVERS %tursuarit to Chapter 410.05(14), F.S., an officer cf acorporation who elects exemption from this chapter by filing a certificate of e:ectior. under this section ay not recover benefits or compensation under this chapter. Pursuant to Chapter 4.40.05(121. F.S., Certificates of election to be exempt... apply only thin the scope of the business or trade listed on the notice of election to be exempt. Pursuant to Chapter 440.05(13), F.S., Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation at any time after the filing of the notice or the issuance of the certificate, tate person named on the notice or certificate no longer meets the requirements of this secii0n for issuance of. a certificate. The department shall revoke a CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS? (650)413-1609 iriva fi�g'` JEFF ATWATER CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW " ONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 6/11/2016 EXPIRATION. DATE; 6/11/2018 PERSON: SEMBLER CHARLES W 11 FEIN: 204350940 BUSINESS NAME AND ADDRESS: SOUTHERN MANAGEMENT. LLC 945 49TH ST ERO BEACH FL 32957 COPES OF. BUSINESS OR TRADE: LANDSCAPE GARDENING i DRIVERS %tursuarit to Chapter 410.05(14), F.S., an officer cf acorporation who elects exemption from this chapter by filing a certificate of e:ectior. under this section ay not recover benefits or compensation under this chapter. Pursuant to Chapter 4.40.05(121. F.S., Certificates of election to be exempt... apply only thin the scope of the business or trade listed on the notice of election to be exempt. Pursuant to Chapter 440.05(13), F.S., Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation at any time after the filing of the notice or the issuance of the certificate, tate person named on the notice or certificate no longer meets the requirements of this secii0n for issuance of. a certificate. The department shall revoke a CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS? (650)413-1609 EXHIBIT 1 -SCOPE OF WORK ITEM NO. 1 SITE MOWING -BRUSH HOG 1.1 Summary 1. CONTRACTOR shall visit the FACILITY and become familiar with the area to mow. 2. CONTRACTOR shall furnish all labor, equipment and incidentals required to mow the • FACILITY. 3. The extent of brush hog mowing is shown in Drawing 1. 1.2 Frequency and Conditions 1. CONTRACTOR shall mow with a brush hog, the area delineated in the Drawing 1, six (6) times per year: once in March, May, July, August, September and November. If weather conditions prevent scheduled mowing; mowing will be rescheduled per the COUNTY. 2. COUNTY may require additional brush hog mowing for special events at unit cost and will provide -the CONTRACTOR written notice 15 calendar days in advance. 3. CONTRACTOR shall be aware of soft, wet areas and avoid causing ruts while brush hog mowing. 4.. CONTRACTOR shall repair ruts caused. by brush hog mowing. 5. CONTRACTOR shall weed whack a minimum of 10' around each of four (4) discharge boxes. 6. CONTRACTOR shall weed whack a minimum of 10' around the Spoonbill Marsh sign located at the FACILITY entrance during each scheduled brush hog mowing and for special events. ITEM NO. 2 LAWN MOWING ' 2.1 Summary 1. CONTRACTOR shall furnish all labor, equipment and incidentals required to mow the lawn. 2. The extent of lawn mowing is shown in Drawing 2. 2.2 Frequency and Conditions 1. CONTRACTOR shall mow lawn area, eighteen (18) times per year as called out on the schedule. If weather conditions prevent scheduled mowing, mowing will be rescheduled per the COUNTY. 2. COUNTY may require additional lawn mowing for special events and will provide the CONTRACTOR written notice 15 calendar days in advance. 3. CONTRACTOR shall use a weed whacker to trim around four (4) concrete meter vaults, transformer pad and gravel parking area each scheduled lawn mowing. Exhibit 1 Page 1 ITEM NO. 3 INVASIVE SPECIES CONTROL 3.1 Summary 1. CONTRACTOR shall have prior experience eradicating and controlling non-native invasive species of grass and trees. 2. CONTRACTOR shall furnish all labor, equipment and incidentals required for eradicating non-native invasive species of grass and trees. 3. Invasive species emerge along the roads, along the river boardwalk and on the high, marsh islands. COUNTY will assist in identifying those areas with invasive species. 4. The extent of invasive species is shown in Drawing 3. 3.2 Frequency and Conditions 1. CONTRACTOR shall eradicate all non-native invasive species four (4) times per year, once in March, May, July and September. If weather conditions prevent scheduled eradication, eradication will be rescheduled per the COUNTY. 2. Eradication method shall be cutting trees at the base and spraying with a defoliant. All cuttings shall be removed from the site. Smaller trees shall be sprayed in place and wood removed after foliage drops. Grasses shall be sprayed. 3. CONTRACTOR shall apply defoliant spray per manufacturer's directions. 4. CONTRACTOR shall submit an hourly rate. The work requirements will vary. ITEM NO. 4 SUMP, TRASH SCREEN AND WETWELL CLEANING 4.1 Summary 1. CONTRACTOR shall furnish all labor, equipment and incidentals required to clean the sump, trash screen and wetwell. 2. Sump, trash screen and wetwell shown in Drawing 4. 4.2 Frequency and Conditions 1. CONTRACTOR shall clean sump, screen and wetwell quarterly, four (4) .times per year: once in March, June, September and December. If weather conditions prevent scheduled cleaning, cleaning will be rescheduled per the County. 2. Type II Turbidity Curtain may be required as a protective barrier for work area as shown in Drawing 4. Turbidity curtain shall be removed after County completes a site inspection. 3. An experienced diver, PADI certified or equivalent, is required for working inside of the wetwell. Exhibit 1 — Page 2 4. Sump, as shown in Drawing 4, is the area between the wetwell and the. river. All accumulated muck and vegetation shall be removed down to hard pan or clean sand. Amount of accumulation varies. 5. CONTRACTOR shall not disturb rip rap lining the edge of sump. 6. Wetwell is the concrete structure housing the pumps. All accumulated sand, muck and vegetation shall be removed from the inside of wetwell. All mollusks shall be scraped from wetwell walls and removed from site. 7. CONTRACTOR shall remove all debris from pump screen baskets. 8. CONTRACTOR shall be present when County lifts turbine pumps from wetwell for inspection. 9. Trash screen is the V-shaped structure attached to the front of the wetwell. All mollusks shall be scraped from the inside and outside of the screen. CONTRACTOR shall note condition of the sump, trash screen and wetwell and submit a written report via an e- mail of conditions to the COUNTY. 10. CONTRACTOR shall remove all debris from the site after cleaning of sump, trash screen, and wetwell. 11. CONTRACTOR shall restore site, in kind, to include grading and covering with hay as needed. ITEM NO. 5 MANATEE SCREEN CLEANING 5.1 Summary 1. CONTRACTOR shall furnish all labor, equipment and incidentals required to clean the manatee screen. 2. Manatee screen is located directly in the lagoon and is subject to wind and tidal conditions. 3. Manatee screen is shown in Drawing 5'. 5.2 Frequency and Conditions 1. COUNTY shall supply all building.material used in manatee screen maintenance. 2. CONTRACTOR shall remove all accumulation of debris from the manatee screen to insure water flows into the sump free of obstructions. CONTRACTOR shall remove all blockage within 24 hours of COUNTY request to clean screen. NOTE: An algae, commonly known as grassilaria, blooms in warm weather and accumulates on the. manatee screen impeding flow. 3. Manatee screen shall be repaired and maintained as directed by the COUNTY. 4. Contractor shall submit an hourly rate. The work requirements will vary. Exhibit 1 —.Page 3 ITEM NO. 6 BOARDWALK MAINTENACE 6.1 Summary 1. COUNTY shall supply all building material used in boardwalk maintenance. 2. Material to be used: Lumber.- marine grade Hardware — screws 3", 316 Stainless, star drive 3. CONTRACTOR shall furnish all labor, equipment and incidentals required to repair and maintain boardwalk. 4. Extent of boardwalk maintenance is shown in Drawing 6. 6.2 Frequency and Conditions 1. CONTRACTOR shall repair boardwalk four (4) times per year: once in March, June, September and December.. If weather conditions prevent scheduled boardwalk repair, boardwalk repair will be rescheduled per the COUNTY. 2. CONTRACTOR shall submit an hourly rate for boardwalk maintenance. The repairs each quarter will vary. 3. CONTRACTOR shall inspect boardwalk and mark boards to be replaced. Boards include handrails, balusters and baluster stringers, post and decking. 5. COUNTY will inspect boardwalk with CONTRACTOR. COUNTY will order material to be delivered on-site for CONTRACTOR. 6. The COUNTY may require additional boardwalk maintenance for special events or weather related damage and will provide the CONTRACTOR written notice 15 calendar days in advance. 7. CONTRACTOR shall apply a water soluble deck sealer to all new wood per manufacturers' directions. 8. While boardwalk is being repaired, CONTRACTOR shall post signage that boardwalk is closed for repair. 9. CONTRACTOR shall remove from the site all debris related to boardwalk maintenance and replacement. ITEM NO. 7 BOARDWALK REPLACEMENT 7.1 Summary 1. COUNTY shall supply all material used in boardwalk replacement. 2. Material to be used: Lumber - marine grade Hardware — screws.3", 316 Stainless, star drive 3. CONTRACTOR shall furnish all labor, equipment and incidentals required to replace sections of the boardwalk. 4. Boardwalk replacement shown in Drawing 7. Exhibit 1 — Page 4 7.2 Frequency and Conditions Each January, CONTRACTOR will replace 1,000 contiguous feet of.boardwalk, removing and replacing handrails, balusters and baluster stringers, post and decking. Boardwalk piling, beam and deck stringers will not be replaced. CONTRACTOR will assess and report the condition of the piling, beam and deck stringers and submit a written report via an e-mail of the conditions to the COUNTY. If weather conditions prevent scheduled boardwalk replacement, boardwalk replacement will be rescheduled per the COUNTY. COUNTY may opt to replace more or less than 1,000 feet per year and will provide the CONTRACTOR written notice 30 calendar days in advance. CONTRACTOR shall have sufficient staff to complete boardwalk replacement in a timely manner. 4. CONTRACTOR shall apply a water soluble deck sealer to all new wood per manufacturers' directions. While boardwalk is being replaced, CONTRACTOR shall post signage that boardwalk is closed for repair. CONTRACTOR shall remove from the site all debris related to boardwalk maintenance and replacement. ITEM NO. 8 MANGROVE TRIMMING - BOARDWALK 8.1 Summary CONTRACTOR shall furnish all labor, equipment and incidentals required to trim and remove trimmings from the site. Mangrove trimming - boardwalk shown in Drawing 8. 8.2 Frequency and Conditions 1. Once each year in October, CONTRACTOR shall vertical trim all trees three feet out from hand rail on each side of boardwalk to create a clear zone. If weather conditions prevent scheduled mangrove trimming, mangrove trimming will be rescheduled per the COUNTY. 2. All emerging mangrove under the boardwalk shall be removed from the site. 3. CONTRACTOR shall remove from the site all debris related to boardwalk trimming. 4. COUNTY may require additional mangrove trimming along the boardwalk after storm related events and will provide the CONTRACTOR written notice 15 calendar days in advance. Exhibit 1 — Page 5 ITEM NO. 9 RUNNEL CLEANING AND DEBRIS REMOVAL 9.1 Summary 1. Runnels are discharge water channels interconnecting the ponds. Depth 1 to 4 feet CONTRACTOR shall furnish all labor, equipment and incidentals required to remove debris from runnels (each bank). 2. Runnel locations are shown in Drawing 9. 9.2 Frequency and Conditions 1. Once each year in February, CONTRACTOR shall provide maintenance cleaning to insure all runnels are free of debris and obstructions, total of fourteen (14) runnels, various lengths and widths. Total of 5,540 lineal feet. Depth 1 to 4 feet. If weather conditions prevent scheduled cleaning, cleaning will be rescheduled per the COUNTY. 2. COUNTY may require additional cleaning of the fourteen (14) runnels after storm related events. and will provide the CONTRACTOR written notice 7 calendar days in advance. 3. Debris to be removed consists of overhanging canopy of mangrove trees impeding flow, fallen tree limbs and some.tree roots. 4. CONTRACTOR shall remove all debris from the site. ITEM NO. 10 MOSQUITO DITCH CLEANING 10.1 Summary 1. Mosquito Ditches are the channels that drain the eastern 1/3 of the site. 2. CONTRACTOR shall furnish all labor, equipment and incidentals required to remove debris from the mosquito ditches (each bank). 1 Runnel locations are shown in Drawing 10. 10.2 Frequency and Conditions 1. COUNTY shall specify the mosquito ditches to be cleaned. (COUNTY anticipates CONTRACTOR cleaning approximately 500' per year as needed to improve water flow.) 2. Mosquito ditches shall be cleaned during the dry season, February and March. If weather conditions prevent scheduled cleaning, cleaning will be rescheduled per the COUNTY. 3. COUNTY may require additional cleaning after storm related events and will provide the CONTRACTOR -written notice 7 calendar days in advance. 4. Debris to be removed consists of decomposing vegetation and silt, overhanging canopy of mangrove trees impeding flow, fallen tree limbs and some tree roots. 5. CONTRACTOR shall place debris on each bank well away from water channel. Debris is not required to be removed from site. Exhibit 1 — Page 6 6. CONTRACTOR shall use a per foot price. ITEM NO. 11 NORTH AND SOUTH BREECH DEBRIS REMOVAL 11.1 Summary 1. North and South Breeches are discharge water channels connecting ponds to the Lagoon. Depth 1 to 4 feet. 2. CONTRACTOR shall furnish all labor, equipment and incidentals required to remove debris from the North and South Breeches (each bank): 3. The breech locations are shown in Drawing 11. 11.2 Frequency and Conditions 1. CONTRACTOR shall.clean the North and South Breeches quarterly, four (4) times per year, once in March, June, September and December. If weather conditions prevent scheduled cleaning, cleaning will be rescheduled per the COUNTY. 2. COUNTY may require additional cleaning of debris from the north and south breech after storm events and will provide the CONTRACTOR written notice 7 calendar days in advance. 3. Debris consist of decomposing vegetation and silt, overhanging canopy of mangrove trees impeding flow, fallen tree limbs and some tree roots. 4. CONTRACTOR shall be working in water. S. CONTRACTOR shall place debris on each bank.well away from water channel. Debris is not required to be removed from site. ITEM NO. 12 ROAD MAINTENANCE 12.1 • Summary 1. CONTRACTOR shall furnish all labor, equipment and incidentals required for.repairing and maintaining roads. 2. CONTRACTOR shall furnish suitable roadway material as approved by the COUNTY. 3. Roads shown in Drawing 12. 12.2 Frequency and Conditions 1. Once each year in•December, CONTRACTOR shall repair roads. If weather conditions prevent scheduled road repairs, road repairs will be rescheduled per the County. 2. CONTRACTOR shall begin road maintenancestarting at the end of pavement nearest US Highway 1. 3:. COUNTY may require additional site work or road repair due to weather related erosion or other unforeseen events and will provide the CONTRACTOR written notice 7 calendar days in advance. Exhibit 1— Page 7 4. COUNTY may opt to provide roadway material for certain road related work. 5. COUNTY.may opt to utilize IRC Road and Bridge forces for certain road related work. 6. CONTRACTOR shall use a per hour price. The work requirements will vary. ITEM NO. 13 MISCELLANEOUS TASK 13.1 Summary 1. CONTRACTOR shall furnish all labor, equipment and incidentals required for miscellaneous task or repairs. 13.1 Frequency and Conditions 1. Miscellaneous tasks or repairs will include, but may not be limited to relocating or removing plant mats and relocating or removing oysters. And, small repairs that will require welding and fabricating GENERAL CONDITIONS FOR SITE MAINTENANCE 1. FACILITY is a part of the COUNTY potable water system and is in operation 24 hours per day, seven days per week. CONTACTOR shall coordinate with the COUNTY before commencement of any and all work. 2. FACILITY is a wildlife habitat. Potentially dangerous animals are present; alligators, bob cats, otters. 3. CONTRACTOR shall maintain the site for safe ingress and egress of.County vehicles and immediately report to the COUNTY unsafe conditions or unusual activity. 4. The entrance gate at US Highway 1 shall be kept closed and locked. CONTRACTOR will be provided with a key. 5. CONTRACTOR shall not store equipment on the site. 6. CONTRACTOR shall not store fuel, oil or chemicals on the site and shall immediately report all spills to the COUNTY. 7. CONTRACTOR shall remove from the site all litter encountered during maintenance activities. 8. CONTRACTOR shall exercise caution using gasoline powered tools while working in and around the water. Exhibit 1 - Page 8 K Exhibit 2 - Pricing u le 1f o �, M Qb o p O M N ci i1s fl o o ca3 C'J t % 6 o O Z � :b q �+1 M •-• N N 0 Q r O x x Pa o •.� a o a Vi in �� ev N a °' N r- 9 Cc W- ID W LL > z z z z p z m O ¢ z G G' G G 0 0 0 o z o ¢ = V r O o o (U l7 o Q tN O - m Q O Z 2 V t9 a o a 'D N ,a s O o w Q a u „ .. 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