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Home My WebLink About2022-016BAgreement 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, inconsideration 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: Duck Head Island Phase 1 Revegetation 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: Duck Head Island Phase 1 Revegetation Bid Number: 2022025 Project Address: 27°39'58.60"N & 80°22'42.03"W 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 240th 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: $140,073.56 Written Amount: One hundred forty thousand, seventy three dollars and fifty-six cents ARTICLE 5 - PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 5.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. 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 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: 2 A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. 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. 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. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. 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, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 2022025; (6) Addenda (numbers 1 to 3, inclusive); (7) CONTRACTOR'S Bid Form; (8) Bid Bond; (9) Qualifications Questionnaire; (10) Drug Free Workplace Form; (11)Affidavit of Compliance; (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (14) Certification Regarding Lobbying; (15) 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. 4 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 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 5 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 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 e[x-x l , 201,7 -(the date the Agreement is approved by the Indian River County Board of County Commissio ers, which is the Effective Date of the Agreement). OWNER: By: �•.�y�� 0 At M/S. P r O'Brya firman V %-0* , � �9��'FR COUNT By: .� Jason E/Brglvn, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: DylaeReingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller X", Ale puty Clerk�i Designated Representative: Elizabeth Powell Assistant Director, Parks and Conservation Resources 5500 77th Street Vero Beach, Florida 32967 (772) 226-1873 Facsimile: (772) 589-6119 M CONTRACTOR: 9�✓��Sandhill Environmental Services, LLC (Contracto (CORPORATE SEAL) Attest Address forgiving notices: 5980 SE County Road 760 Arcadia FL 34266 License No. (Where applicable) Agent for service of process: Designated Representative: Name: Tony Yacovetti Title: Managing Member Address: 5980 SE County Road 760 Arcadia FL 34266 Phone: 863-990-3369 Email: tony@sandhillgrowers.com (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Exhibit 1 to the Agreement — Pricing or,1011Vo I It IN 2022025 Duck Head Island Phase 1 Revegetation Project Name: Duck Head Island Phase 1 Revegetation Bid #: 2022025 Bid Opening Date and Time: January 5, 2022 2:00 P.M. Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number #1 #2 #3 Purchasing Division 1800 271" Street Vero Beach, FL 32960 Date 12/17/2021 1/3/2022 1/7/2022 In accordance with all terms, conditions, specifications, and requirements, the Ridder offers the following: PLANT MATERIALS Unit Price Total installed Price Grass/Shrub Planting (5.0 Acres) Alternate Scientific Name Common Size Number of Size Bid ($) ($) Name Plants (or .,N/A„) Spartina patens Saltmeadow cord rass 1 G 7202 1 G $3.33 $23,982.66 Borrichia frutescens Sea -oxeye daisy 1G 2700 1 G $3.33 $8,991.00 Distichlis spicata Saltgrass 4” 1800 4 $1.95 $3,510.00 Ipomoea pes-caprae Railroad vine 4", 1G 900 1G $3.33 $2,997.00 Flaveria linearis Yellowtop 4", 1G 900 1G $3.33 $2,997.00 Iva imbica Seacoast sum weed 1G 900 1G $3.33 $2,997.00 Ageratum maritimum Dune misstflower 4 1 G 900 1G $3.33 $2,997.00 Gallardia pulchella Blanket flower 4", 1G 900 1 G $3.10 $2,790.00 Page 13 of 39 2022025 Duck Head Island Phase 1 Revegetation Helianthis debilis Dune sunflower 4", 1G 900 1G $3.33 $2,997.00 t_ycium carolinianum Christmas ber 1G 900 1G $3.33 $2,997.00 Baccharis halimifolia Saltbush 1G, 3G 225 3G $9.25 $2,081.25 Serenoa repens Saw palmetto 1G, 3G 225 3G $12.00 $2,700.00 Iva frutescens Marsh elder 1G 150 1 G $3.33 $499.50 Scavevola plumeriInkberry 1G, 3G 150 3G $9.75 $1,462.50 Callicarpa americana Beautyberry 3G 75 3G $9.25 $693.75 Psychotria nervosa Wild Coffee 1G, 3G 225 3G $9.25 $2,081.25 Zanthoxylum fagara Wild lime 3G, 7G 75 3G $9.25 $693.75 Myrcianthes fragrans Simpson's 3G 7G 75 3G $9.25 $693.75 stopper Eugenia axilaris White sto er 3G,7G 150 3G $9.75 $1,462.50 Eugenia foetida Spanish stopper 3G 7G 75 3G $9.75 $731.25 Chrysobalanus icaco Cocoplum 3G 75 3G $9.25 $683.75 Edge of Harnmock Planting (1.2 Acres) 1 Scientific Name Spartina patens Borrichia frutescens Ipomoea pes-caprae Flaveria /inearis Ageratum maritimum Gallardia pulchella Helianthis debilis Serenoa repens Callicarpa americana Psychotria nervosa Zanthoxylum fagara Common Size Name Saltmeadow 1 G cord rass 1G Sea -oxeye IG dais 1G Railroad vine 4", 1 G Yellowtop 4", 1 G Dune 4",4" 1 G 30 3G Blanket 4", 1G flower 3G Dune 4°, 1G sunflower Saw palmetto 1G, 3G Beautyberry 3G Wild Coffee 1G, 3G Wild lime 3G, 7G Number of Alternate Plants Size Bid 1800 1G 450 1 G 150 1G 150 1G 150 1G 150 1 G 150 1G 23 3G 30 3G 30 3G 8 3G Page 14 of 39 Unit Price $3.33 $3.33 $3.33 $3,33 $3.33 $3.33 $3.33 $12.00 $9.25 $9.25 $9.25 Total Installed Price $5,994.00 $1,498.50 $499.50 $499.50 $499.50 $499.50 $499.50 $276.00 $277.50 $277.50 $74.00 2022025 Duck Head Island Phase 1 Revegetation Myrcianthes fragrans Simpson's sto er 3G, 7G 8 3G $9,25 $74.00 Eugenia axilaris sWohiteer 3G, 7G 8 3G 9.75 $78.00 Eugenia foetida Spanish stopper 3G, 7G 8 3G $9.75 $78.00 Chrysobalanus icaco Cocoplum 3G, 7G 8 3G $9,25 $74.00 Erythrina herbacea Cherokee bean 3G, 7G 8 3G $9.75 $78.00 Ardisia escallonoides Marlberry 7G 8 7G $33.60 $268.80 Citharexylum spinosum Fiddlewood 7G 8 7G $33.60 $268.80 Myrsine cabana Myrcine 7G 8 7G $23.60 $188.80 Quercus virginiana Live oak 7G 130 7G $28.60 $3,718.00 Bursera simaruba Gumbo limbo 7G 44 7G $28.60 $1,258.40 Sideroxylon foetidissimum False mastic 7G 22 7G $33.60 $739.20 Chrysophyllum oliviforme Satinleaf 7G 11 7G $33.60 $369.60 Quadrella jamaicensis 7G 11 7G $28.60 $314.60 cameiaca xis ire Hammock Planting (5% of X0.3 Acres of Hammock) 1111 Common ;t xv,ber of Alternate j Unit i Total Installed ' Scientific Name Size � Pricy: Price Name Plants Size Bits , Serenoa repens Saw palmetto 1G, 3G 23 3G $12.00 $276.00 Callicarpa americana Beautyberry 3G 70 3G $9.25 $647.50 Psychotria nervosa Wild Coffee 1 G, 3G 70 3G $9.25 $647.50 Myrcianthes fragrans Simpson's stopper 3G, 7G 45 3G $9.25 $416.25 Eugenia axilaris White sto er 3G, 7G 45 3G $9.75 $438.75 Eugenia foetida Stpoanissh 3G, 7G 45 3G $9.75 $438.75 Chrysobalanus icaco Cocoplum 3G, 7G 23 _ 3G $9.25 $212.75 Erythrrna herbacea Cherokee bean 3G, 7G 23 3G $9.75 $224.25 Ardisia escallonoides Marlberry 7G 47 7G $33.60 $1,579.20 Citharexylum spinosum Fiddlewood 7G 47 7G $33.60 $1,579.20 Myrsine cubana Myrcine 7G 23 7G $23.60 $542.80 Page 15 of 39 2022025 Duck Head Island Phase 1 Revegetation Quercus virginiana Live oak 7G 33 7G $28.60 $943.80 Bursera simaruba Gumbo limbo 7G 14 7G $23.60 $330.40 Sideroxylon foetidissimum False mastic 7G 5 7G 1 $33.60 $168.00 Chrysophyllum oliviforme Satinleaf 7G 1 3 7G 1 $33.60 $100.80 ... _�_... Miscella e€� s Materials % 180wDays Maintenance Total Bid Price LS $11,580 LS $ 3,101.00 LS $ $27,394.50 $140,073.56 Project completion time after receipt of "Notice to Proceed" or PO: 30 DAYS Will your company extend these prices to other governmental agencies within the State of Florida? Page 16 of 39 Yes ® No ❑ 2022025 Duck Head Island Phase 1 Revegetation The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: Sandhill Environmental Services, LLC Company Address: 5980 SE County Road 760 City, State Arcadia, FL Telephone: 863-494-9737 E-mail: tony@sandhillgrowers.com Zip Code 34266 Fax: 863-494-1364 Business Tax Receipt Number: FEIN Number: 20-5318487 Authorized Signatur• ''c Date: 01/03/2022 Name: Anthony Yacovetti (Type / Printed) Page 17 of 39 Title: Managing Member V