HomeMy WebLinkAbout2023-068AAgreement
THISAGFMMENT is by and between INDIAN RVEROOUNTY, a Pblitical Sibdivision of the State of Florida
organized and existing under the Laws of the State of Florida, (hereinafter called OWNM and %ndhill
Environmental Services, LLC(hereinafter called OONTRACTM. OV\ NERand OONTRACTOR in consideration
of the mutual covenants hereinafter set forth, agree asfollows.
ARTICLE -WORK
OONTPACTORshall complete all Work as specified or indicated in the Contract Documents. The Work is
generally describe: asfol Iows:
Earman Island Phase IV Re -Vegetation, Bid 2023032
ARTI CLE 2 - OONTRACT Tl M E5
2.01 Time of the Essence
A All time limitsfor Milestones, if any, %bstantial Completion, and completion and readinessforfinal
payment as stated in the specifications are of the essence of the Agreement.
2.02 Days to Achieve %bstantial Cbmpletion, Final Cbmpletion and Final Payment
A Rantingswill be installed and invoiced in accordance with Articles 3 and 4 by September 15, 2023.
ARTICLE 3 - CONTRACT PRICE
3.01 CWNERshall pay OONTRAGTORfor 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
4.01.0 below:
A For all installed plantingsat the sizesand unit pricesstated in OONTRACTORsBd, included as Exhibit
1.
B. For the successful maintenance of all plantings for 180 days after installation, at the conclusion of
that period, and at the lump sum price stated in Exhibit 1.
G THEOONTRACTStJM subject to additions and deductions provided in the Contract Documents:
Numerical Amount: $258,353.18
Written Amount: Two -hundred fifty-eight thousand, three hundred fifty-three dollars and
eighteen cents.
ARTICLE - PAYMENT PROCEDURES
4.01 R ogress 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, Rorida gatutessection 218.70 et.
seq.
4.02 Pay R, -quests.
A Each request for a progress payment shall contain the CONTRACTORS certification. All
r-ugress payments wiII be on the basisof progressof the work measured by the schedule
ct values established, or in the case of unit price work based on the number of units
completed.
4.03 Paragraphs4.01 and 4.02 do not apply to construction serviceswork purchased by the County as
OVVNERwhich 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.
4.04 Acceptance of Final Payment as Blease.
A The acceptance by the CONTRACTOR of final payment shall be and shall operate as a
release to the OVVNER 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
thingsdone or furnished in connection with the work under thisAgreement 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 0ONTRACTORor its sureties
from any obligations under this Agreement, the Invitation to Bid or the Public
Oonstruction Bond.
ARTICLE - IND6MNIRCATI
5.01 OON TRACTORshalI indemnify and hold harmless the OWNER and its officers and employees, from
liabilities, damages, losses and costs, inducting, but not limited to, reasonable att orney'sfees, tothe
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 6 - CONTRACTOR'S REPRESENTATIONS
6.01 In order to induce OWNERto 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.
B. CONTRACTOR has visited the Ste and become familiar with and is satisfied as to the general, local,
and Ste conditions that may affect cost, progress, and performance of the Work.
C OONTRAUORisfamiliar with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, progress, and performance of the Work.
2
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 oontiguousto 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
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 OON FACTOR 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 accordancewith the other termsand conditionsof the Contract Documents.
F CONTRACTORisaware of the general nature of work to be performed by CVMVERand others at the
Ste that relatesto 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. CONTRACTORhasgiven OWNERwritten notice of all conflicts, errors, ambiguities, or discrepancies
that CONTRACTORhas discovered in the Contract Documents, and the written resolution thereof
by OVMNERis 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 Contractur 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 tthisagreement, as required by Section 448.095, FS Contractor isalso responsible for
obtaining proof of E Verify registration and utilization for all subcontractors.
ARTICLE7 - CONTRACT DOCUMENTS
7.01 Contents
A The Contract Documents consist of the following:
(1) ThisAgreement;
(2) Not ioeto Proceed;
(3) Public Construction Bond;
(4) Certificate(s) of Liability Insurance;
(5) Invitation to Bd 2023032;
(6) Addenda (numbers 1 to 2, inclusive);
(7) OONTRACTORSBd Form;
(8) Bd Bond;
(9) Qualifications Questionnaire-,
3
(10) Drug Free Workplace Form;
(11)Mfidavit of Compliance;
(12) Smorn 3atement 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 8 - M ISCalANBOUS
8.01 Terms
A Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.
8.02 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, moneysthat may become due and moneysthat 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.
8.03 Sic oessors and Assigns
A ODM ER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representativestothe other party hereto, its partners, successors, assigns, and legal representatives
in respec. to all covenants, agreements, and obligations contained in the Contract Documents.
8.04 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 OWNERand CONTRACTOR who agree that the Contract Documentsshall be reformed
to replace such stricken provision or part thereof with a valid and enforceable provision that comes
as dose as possible to expressing the intention of the stricken provision.
8.05 Venue
A ThisAgreement shall be governed by the laws of the Sate of Rorida. Venue for any lawsuit brought
by either party against the other party or otherwise arising out of thisAgreement shall be in Indian
Rver County, Rorida, or, in the event of a federal jurisdiction, in the United Sates District Court for
the Southern District of Rorida.
4
8.06 FAiblic fords Cbmpliance
A. Indian Rfver County is a public agency subject to Chapter 119, Florida aatutes. 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
I aw.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirementsare not disclosed except as authorized by law for the duration of
the coritract 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 recordsto 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 keepsand
maintainspublic reoordsupon 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 systemsof the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLJ CATI ON OF
CHAPTER 119, FLORIDA DA STATUTES TO THE CONTRACTORS DUTY TO
PROVIDE PUBLIC RECORDS RBAIING TO THIS CONTRACT, CONTACT THE
(772) 226-1424
pu bl i crecords(ftcgov. com
Indian River County Office of the County Attorney
180127 1h Street
Vero Beach, FL 32960
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 OWNERand DJNTRACTOR All portions of the Contract Documents
have been signed or identified by OWNERand CONTRACTORor on their behalf.
5
ThisAgreement will be effective on �1���` I Q 20_1.5 (the date the Agreement is approved by the
Indian Fiver County Board of County Commissioners, which isthe Effective Date of the Agreement).
OWNER
By: iiiiiFm -`ys'.
Ea
ph H. man, Chairm n oQ
,bhnA Titkanich, County Administrator
By:
Dylangold, County Attorney
,kffrey R 9nith, Clerk of Court and Comptroller
9 Attest:i /%ti
Deputy Oerk
(ffiAL)
Designated Pepresentative:
Elizabeth Powell
Director, Parks and Conservation Pesources
5500 77t h 3 reet
Vero Beach, Rorida 32967
(772) 226-1873
Facsimile: (772) 589-6119
C^
Sandhill Environmental Services, LLC
(Contractor)
Addressfor giving notices.
License No.
(Where applicable)
Agent for service of process:
Designated R -,presentative
Name: Anthonv Yacovetti
Title: Managina Member
Address:
5980 SE CR 760 Arcadia, FI 34266
Phone:
Email:tonv�sandhillgrowers.com
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
r �� `
�'`' � ...
�._ __ :�
E4 _ � = '
�,
v � ^ ' �a
- ^ _ - y -
_ o `` :=
Exhibit 1 to the Agreement --Pricing
~.^~.,.°~..~~.~.~, It— °.="^.=u""=.===.",=0=^"C-^,°,.,""
EARMAN ISLAND PHASE IV RESTORATION - PLANT MATERIALS
Saltbush
IG, 3G
375
Grass/Shrub Planting (12.3 Acres)
Unit
Serenoa repens
Price
Scientific Name
Common
Size
Number of
Alternate
Marsh elder
1G
Name
1G
Plants
Size Bid
Spartina patens
Saltmeadow
IG
11,965
IG
$5A8
IG, 3G
375
1G
$4.88
Zenthoxylurn fagare
Wild lime
Borfichia Initescens
Sea -oxeye
1G
4,486
1G
$4.88
3G,7G
daisy
3G
$7.25
Eugenia axilaris
White
3G,7G
Saftgrass
41
2,990
41#
$2.53
1pomoea pvs-captae
Railroad vine
4", 1 G
1,200
4"
$2.53
Iva imbica
Seacoast
1G
1,595
IG
1 $&59
sumpweed
Ageratum maritimum,
1,495
4*v
mistflower
Gallardia pulchella
Blanket
1 —G
1,495
411
$2.53
flower
Helianthis debilis
Dune
sunflower
4", 1G
1,495
$2.53
Lycium carcginianum
Christmas
IG
1,200
1G
$5,43
— berry
BacchaHs hatimifolia
Saltbush
IG, 3G
375
1G
$4.88
Serenoa repens
Saw palmetto
1G, 3G
500
1G
$6.30
Iva frutescens
Marsh elder
1G
300
1G
$4.88
IG, 3G
Psychotria nervosa
Wild Coffee
IG, 3G
375
1G
$4.88
Zenthoxylurn fagare
Wild lime
3G, 7G
125
3G
$7.25
Myricianthes tragrans
Simpson's
stopper
3G,7G
125
3G
$7.25
Eugenia axilaris
White
3G,7G
225
3G
$14.71
Eugenia fbefida
Spanish
stopper
3G,7G
150
3G
$14.71
7
Edge of Hammock Planting (1.4 Acres)
Scientific Name
Common
Size
Number of
Altemate
Unit
Price
Name
Plants
Size Bid
Spartina patens
Salimeadow
1G
3,100
i G
$5.18
cordgrass
Borrichia frutescens
Sea -oxeye
1G
3501
G
$4.88
dais
Ipomoea p :.;-caprae
Railroad vine
4", 1G
200
4"
$2.53
Fla vena linearis
Yellowtop
4", 1G
254
4"
$2.53
Ageratum marihmum
Dune
mistflower
4", 1G
250
'
41
$3.51
Gallardia pulchella
Blanket
flower
4", 1G
250
401
$2.53
Helianthis debilis
SuDflunoe
4", 1G
250
4"
$2.53
Serena repens
Saw palmetto
1G, 3G
37
1G
$6.30
Cailicarpa americana
Beautyberry
3G
50
3G
$9.41
Psyehotria nervosa
Wild Coffee
1G, 3G
50
1G
$4.88
Zanthoxylum fagara
Wild lime
3G, 7G
12
3G
$9.41
Myrcianthes fragrans
Simpson' s
3G, 7G
12
3G
$9.41
stopper
Sophora tomentosa
Necklace pod
3G, 7G
12
3G
$1471
Eugenia toetida
Spanish
3G, 7G
12
3G
$14.71
stopper
Chrysobalanus icaco
Cocoplum
3G, 7G
12
3G
$9,41
Erythrina herbacea
Cherokeebean
3G, 7G
12
3G
$9.41
Ardisia escallonoides
Madberry
7G
12
7G
$72.13
Citharexylum spinosum
Fiddlewood
7G
12
7G
$42.27
Myrsine cubana
Myrcine
7G
12
7G
$42.27
Quercus virginiana
Live oak
7G
75
7G
$42.27
Bursera simaruba
Gumbo limbo
7G
70
7G
$50.99
Sideroxylon foetidissimum
False mastic
7G
50
7G
$82.93
Chrysophyflum oliviforme
Satinleaf
7G
20
7G
$50.99
Quadrella jamaicensi's
Jamiaca
7G
20
7G
$50.99
Existing Hammock Planting (5% of 10.3 Acres of Hammock)
Scientific Name
Common
Name
S1ze
Number of
Plants
Alternate
Size Bid
Unit
Price
M
Serenoa repens
Saw palmetto
1G, 3G
15
1G
$6.30
Cailicarpa americana
Beautyberry
3G
25
3G
$9.41
Psychotfia nervosa
Wild Coffee
1G, 3G
25
IG
$4.88
Myrnianthes fragrans
Simpson's
stopper
3G, 7G
12
3G
$9.52
Eugenia axilaris
White
stopper
3G, 7G
12
3G
$14.71
Eugenia foefida
Spanish
stopper
3G, 7G
12
3G
$14.71
Chrysobalanus icaco
Cocoplum
3G, 7G
15
3G
$9.41
Erythrina herbacea
Cherokee
bean
3G, 7G
15
3G
$5.41
Ardisia ascallonoides
Madberry
7G
15
7G
$57.51
Citharoxylum spinosum
Fiddlewood
7G
12
7G,
$27.64
Scientific Name
Common
Name
Size
Number of
Plants
Alternate
Size Bid
Unit
Price
M
Myrsine cubana
Myrcine
7G
12
7G
$27.64
Quercus virginiana
Live oak
7G
6
7G
$27.64
Bursere simarube
Gumbo limbo
7G
12
7G
$36.37
Sideroxylon foeddissimum
False mastic
7G
3
7G
$68,31
Chrysophyllum oliviforme
Satinleaf
7G
2
7G
$36.37