The URL can be used to link to this page

Home My WebLink About2021-110Agreement 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 Sandhill Environmental Services, 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 generally described as follows: Installation of native vegetation at the Oslo Riverfront Conservation Area 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: Oslo Riverfront Conservation Area Revegetation Bid Number: 2021048 Project Address: 175 91" Street SE, Vero Beach, FL 32960 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 90th day after the date when the Contract Times commence to run. 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 paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ 39,196.30 Written Amount: Thirty nine thousand one hundred ninety six dollars and thirty cents Agna-E5 - PAYMENT PROCEDURES 5.01 Method of Payment A Owner shall make payment for the amount of the contract, less retainage, when the work has been completed. Upon a determination of satisfactory completion, the OOUNTYR-oject Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Ssction 218.70, Rorida;tatutes, et seq.). The ONNERshall retain five percent (5%) of the payment amount due to CONTRACTOR until the end of the 90 -day warranty period. 5.02 Acceptance of Final Payment as Pelease. A The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the GNNEZ from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the OONTRACTORfor all things done or furnished in connection with the work under this Agreement and for every act and neglect of the ONNEZand others relating to or arising out of the work Any payment, however, final or otherwise, shall not release the OONTPACfORor its sureties from any obligations under thisAgreement, the Invitation to Bid or the Public Construction Bond. ARTICLE6 - INDEVI NIRCATION 6.01 OONTPACTORshall indemnify and hold harmlessthe OWNB� and itsofficersand 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 CONTRACTOR and persons employed or utilized by the OONTRACTORin the performance of the Work ARTICLE7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OVVNEtto enter into thisAgreement 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. B. CONTRACfORhas visited the Ste and become familiar with and is satisfied asto the general, local, and Ste conditionsthat may affect cost, progress, and performance of the Work. C CONTRAC C)Risfamiliar 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. OONTRAC C)Rhas 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 Ste 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 OONTRACTOR, 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 OONTRACTORdoes 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 01VNE 2 and others at the Ste 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 Ste, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents H. OONTRACTORhasgiven CWNERwritten notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by CWNERis acceptable to CONTRACTOR I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditionsfor performance and furnishing of the Work d Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, FSS Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUM BNTS 8.01 Contents A The Contract Documents consist of thefollowing: (1) ThisAgreement; (2) Notice to Proceed; (3) 0: rtificate(s) of Liability Insurance; (4) Invitation to Rd 2021048; (5) Addendum 1; (6) CONTRACTOR'S Bid Form; (7) Bid Bond; (8) Qualifications Questionnaire; (9) Drug Free Workplace Form; (10)Affidavit of Compliance; (11) SNorn Statement Under Stiction 105.08, Indian Rver County Code, on Dsdosure of Relationships; (12) Certification Regarding Prohibition Against Contracting with 8xutinized Companies; (13) Cart ificat ion Fbgarding Lobbying; (14) 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). ARiICLE9 - MISCH1AN6DUS 9.01 Terms A Terms used in thisAgreement will have the meanings indicated in the Invitation to Rd. 9.02 Assignment of Cbntract 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 Src cessors and Assigns A OANER and OONTRACTOR 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 95verability A Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Fegulation shall be deemed stricken, and all remaining provisionsshall continue to be valid and binding upon OWNER and OCNTRAC,TOR who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comesas dose 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 Rver County, Rorida, or, in the event of a federal jurisdiction, in the United Elates District Court for the Southern District of Florida. 9.06 Riblic fbcords Cbmiolianc e A Indian Rver County is a public agency subject to Clhapter 119, Florida Statutes. The Contractor shall comply with Rorida's Public Fecords 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 disdosed 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 disdosure 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 FL -cords, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPUM ION OF CHAPTER 119, FLORIDA STATUTEA TO THE CONTRACTORS DUTY TO PROVIDE PUBLJC RAS RRAIING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC REMRDSAT- (772) 226-1424 pu bl i crecordsAi rmov. corn Indian River County Office of the County Attorney 1801 27th Street Vero Beach, R-32960 C Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. IN WT ESS WHBECF, OWNER and OCNTRACTOR 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 C7NINBRand CCNTRACTORor on their behalf. ThisAgreement will be effective on August 17 , 2021 (the date the Agreement is approved by the Indian Rver County Board of County Commissioners, which is the Effective Date of the Agreement). INDIAN RVEROOJNTY Sandhill Environmental Service,LLC z�*� '•fit By: Jo E Resch an (Contractor) By: .. concis .' (CCRaCRAT=-q L J3wn B Ad n, County ministrator APPROVEOASTJFORMAND LFGoLsimaE cy. By: Dylan Peingold, County Attorney Jeffrey R Smith, aerk of Court and Comptroller Attest: " "A Deputy aerk Designated Representative: Name: Wendy SM ndel I Title: Conservation Lands Technician Address., 5500 7711 Efreet, Vero Beach, R_32967 Phone: 772-226-1881 Email: wswindell@rcgov.00m AtteSt Daphne Costa Addressfor giving notices: 5980 SE CR 760 Arcadia, FI 34266 Li cense No. (Where applicable) Agent for service of process. Designated Relpresentative: Name: Daphne Costa Title: Office Manager Address: 5980 SE CR 760 Arcadia, FI 34266 Phone: 863-494-9737 Email: office(o)sandhillarowers.com (If OCNTRACTOR is a corporation or a partnership, attach evidenoe of authority to sign.) Exhibit 1 to the Agreement - Pricing 2021048 - Olso Riverfront Conservation Area Planting -Addendum 1 Bid Form -Addendum 1 Oslo Riverfront Conservation Area Planting Bid #: Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number 1 2021048 July 15, 2021 Purchasing Division 1800 27th Street Vero Beach, FI -32960 Date 7/2/2021 2:00 P.M. In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following:. Alternate size/quantity lines_should,only be completed for materials that cannot be provided in the requested size and number of elants_ Plant Materials -Unit Total, Price* Installed ,, Zone Scientific' Common .Y ' "" ,Number Alternate' Alternate" Name Name; Size, T :of:Plants Size'i3iilpy giiaritity;bid {$) Price.; 1A Acrostichum Leather fern 3G 170 danaeifolium $11.00 $1,870.00 1A Baccharis Salt bush 1 G 165 halimifolia $3.70 $61.0.00 Borrichia -Sea-oxeye 1 G, 200 frutescens dais 4« $4.00 $800.00 ' Conocarpus 1A erectus Buttonwood 7G 150 $25.00 $3,750.00 1A Ficus aurea Strangler fig 7G '15 $25.00 $375.00 113 Bursera simaruba Gumbo limbo 7G 35 $35.00 1.$1,225.00 113 Ficus aurea Strangler fig 7G 35 $25,00 $625.00 Quercus 10 vir iniana Live oak 7G. 45 $25.00 $1,125.00 2 Ilex cassine Dahoon holly 7G 70 $25.00 $1,750.00 2 Ilex glabra Gallberry 1G 155 $4.00 $620.00 2 Lyonia lucida Fetterbush 3G 155 $12.50 $1,937:00 Page.13.of 36 2021048 - Olso: Riverfrorit Conservation Area Planting -Addendum; l Zone Scientific Common Size Number Alternate Size Bid Alternate Unit Total Installed Name Name of Plants quantity bid LPrrlce Price IS) {$ 2 Morella cerifera Wax myrtle Y 1 G 75 $44.50 $217.50 2 Quercus . vir inlana Live oak 7G' 60 $25.00 $1' ;500.00 2 Serenoa re ens Saw palmetto 1G 130 $4.00 $520.00, 3 Acerrubrum Red maple 7G 12 $25,00 $300:00 3 Celtis laevi ata Sugarberry 3G 8 $8.50 $68:00 3 Cephalanthus occidentalis gutfiontush IG 3G ' 12 1G $4;00 $48.00 3 Fraxinus Pop ash 3G 8: $8.50 $68.00 3 Ilex cassine Dahoon holly 7G 112 $25:00 $300.00 3 Psychotrra Soft leaf wild 3G 88 tenuifolia coffee $8.50 $748.00 3 Quercus laurifolia Laurel oak 7G 12 $25.00 $300.00 Telmatoblech 3 num sen-ulatum Swamp. fern BR 130 $1,00 $130.00 4 Ardtsia. escalloniodes Marlberry 3G 50 -$15.00 $750.00, 4 Bursera simaruba Gumbo limbo 7G 35 $35.00 $1,225.00 4 Callicarpa americana B.eautyoerry 3.G 130 $8.50 $1;105.00 4 Cel#is Jaeivi ata Sugarberry 3G 1:5 $8.50 $1.27.00 4 Chrysophyllu m' oliviforme Satinleaf 3G 20 $15.00 $300.00 4 Citharexylum ,spinosum Fiddlewood 3G 50 $15.00 $750.00 .4 Coccoloba uvifera Sea grape 3.G 28. $8,50 1 $238.00 4 Erythrina . Cherokee 30 50 herbacea bear! $18:00 $900.00 4 Eugenia axillaris White stopper 3G 50 $15.00 $750.00 4 Psychotiia Shiny leaf 3;G 275 nervosa wild coffee $8,50 $2,337.50 4 Quercus vir iniana Live oak 7G 42. $25.00 $1,050.00 Randia White indigo 3G 50 aculeata ber $1'0:00 $500.00 Page 14 of 36 20210487 Olso Riverfront Conservation Area Planting -Addendum 1, Total Bid Price in Words: Project completion time after receipt of "Notice. to Proceed" or PO: 8 DAYS Page, 15 of 36 Scientific Common Number Alternate Alternate Unit Total Zone Name Name Size -of Plants Size Bid quantity bid Price Installed Price ($j 4 Hame($j a Firebush 130 stens/ 3G' 1 G $4.00 $520.00 Helianthus Dune 4 �debilis sunflower 4, 200 $2.00 $400,00 Ga"'ardia 4 ulchella Blanket flower 4" 200 $2.00 $400.00 Cal(icarpa 5 .americana geautyberry 3G 18 $8.50 $153.00 .5 Ilex glabra Gallberry 1.G 25. $4.00 $100.00 5 Lyonia lucida Fetterbush 3G 12 $8.50 $102.00 5 Morella cerifera Wax myrtle 1 G 12 $2.90 $34.80 5 Psychotria Wild coffee 3G 25 nervosa $8.50 $212.5.0 5 Quercus vi iniana • Live oak. 7G 65 $25.00 $1,625.00 5 Semnoa re ens Saw palmetto 1`G 25 $4.00 $100:00 fifty o 7Mob n ' �` 'g s `�; LS3 315.00 ,ous Nfatetials5LS$ 90-Days'.Maintenance 'IS$ 3,315.00 TotalBid Price `' � �} 39,196.30 Total Bid Price in Words: Project completion time after receipt of "Notice. to Proceed" or PO: 8 DAYS Page, 15 of 36