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Home My WebLink About2023-206CAgreement 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: Hallstrom Farmstead Habitat Enhancement & Parking Area Planting 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: Hallstrom Farmstead Habitat Enhancement & Parking Area Planting Bid Number: 2023063 Project Address: 1701 Old Dixie Highway, Vero Beach, FL 32962 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 120th 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 4.01.6, 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: $ 31,277.99 Written Amount: Thirty -One Thousand Two Hundred Seventy -Seven Dollars and Ninety -Nine Cen s. 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, which includes the 90-daymaintenance period. 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: 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. 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. 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) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2023063 (5) Addenda (numbers to , inclusive); (6) CONTRACTOR'S Bid Form; (7) Bid Bond; (8) Qualifications Questionnaire; (9) Drug Free Workplace Form; (10)Affidavit of Compliance; (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (13) Certification Regarding 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). 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 publicrecords@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. 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 , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY ?U By: Jo H. Earm al man Mn A. Titkanich, Jr., County Admin'Nt-9t6`r CONTRACTOR: Sandhill Environmental Services, LLC By: �GG2 /EiZ/�Gd¢cL ontractor) Attest (CORPORATE S>=AL) APPROVEK=ALIUIIICIINCY: By - 4i r y:J it William K. DeBraal, County Attorney Address for giving notices: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clei < (SEAL) Designated Representative: Name: Title: Address: Phone Email License No. (Where applicable) Agent for service of process: Designated Representative: Name: Courtney Ramsey Title: Estimator Address: 5980 SE County Road 760 Arcadia, FL 34266 Phone: (863) 494-9737 Email: cramsev(o-)sandhillorowers.com (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 2023063 Hallstrom Farmstead Habitat Enhancement & Parking Area Planting Bid Form Hallstrom Farmstead Habitat Enhancement & Parking Area Planting Bid #: Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number 1 2 2023063 July 25, 2023 Purchasing Division 180027 1h Street Vero Beach, FL 32960 Date 7/6/2023 7/21/2023 2:00 P.M. In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following: Page 13 of 32 Plant Materials Total Installed unit Price Price ($) Replacement # Alternate Scientific Common for Size Number Size Bid {$) Name Name of Plants Parking Area Plantings Quercus Myrtle oak 7G 5 $104.85 $524.25 m rtifolia Quercus Sand live oak 7G 4 $55.17 $220.68 eminata Quercus Chapman's 7G 3 NA NA cha manii oak Serenoa repens Saw palmetto 3G 25 $15.12 $378.00 Lyonia ferru inea Rustry lyonia 3G 6 $16.96 $101.74 Piloblephis ri ida Pennyroyal 1 G 40 $8.73 $349.38 Geobalanus oblon ifolius Gopher apple 1 G 50 $6.37 $318.74 Pityopsis raminifolia Golden aster 1G 25$218.36 $8.73 Asclepias Butterfly 1G 20$174.69 $8.73 tuberosa milkweed Page 13 of 32 2023063 Hallstrom Farmstead Habitat Enhancement & Parking Area Planting Page 14 of 32 Plant Materials Total Installed Unit Price Price ($) Replacement # Alternate Scientific Common for Size Number Size Bid ($) Name Name of Plants Palafoxia feayi Palafox 1G 25 $9.36 $233.89 Opuntia Prickly pear 1G 30 $6.37 $191.24 humifusa cactus Helianthus Dune 1G 35 $6.37 $223.11 debilis sunflower Gallardia Blanket 1 G 35 $6.37 $223.11 ulchella flower Subtotal 303 $3,157.19 Trail Plantings Quercus Myrtle oak 7G 40 $104.85 $4,194.00 m rtifolia Quercus Sand live oak 7G 40 $55.17 $2,206.80 eminata Quercus Chapman's 7G 20 NA NA cha manii oak Pinus clausa Sand pine 7G 10 3G $11.17 $111.67 Serenoa repens Saw palmetto 3G 80 $15.12 $1,209.60 Sideroxylon Tough 3G 20 $17.89 $357.75 tenax bumelia Lyonia Rustr ona y Iyi 3G 30 $19.96 $598.94 ferru inea Carya floridana Scrub hickory 7G 20 NA NA Vaccinium Shiny 3G 40 NA NA m rsinites blueberry Vaccinium Blueberry 3G 40 $16.96 $678.24 darrowii Bejaria Tar flower 1G 20 $8.73 $174.69 racemosa Piloblephis Pennyroyal 1G 120 $8.73 $1,048.14 rigida Geobalanus oblon ifolius Gopher apple 1 G 160 $6.37 $1,019.95 Pityopsis Golden aster 1G 40 $8.73 $349.38 raminifolia Asclepias Butterfly 1G 40 $8.73 $349.38 tuberosa milkweed Palafoxia feayi Palafox 1G 40 $9.36 $374.22 Page 14 of 32 2023063 Hallstrom Farmstead Habitat Enhancement & Parking Area Planting Thirty one thousand two hundred seventy seven and ninety nine cents. Total Bid Price in Words Project completion time after receipt of "Notice to Proceed" or PO: 30 DAYS Will your company extend these prices to other governmental agencies Yes No ❑ within the State of Florida? Page 15 of 32 Plant Materials Total Installed Unit Price Price ($) Replacement # Alternate Scientific Common for Size Number Size Bid ($) Name Name of Plants Opuntia humifusa Prickly pear cactus 1G 160 $637 $1,019.95 Helianthus Dune 1 G 80 $6.37 $509.98 debilis sunflower Gallardia Blanket 1 G 80 $6.37 $509.98 ulchella flower Hypericum St. John's 1G 40 $8.11 $324.54 tenuifolium wort Garberia Garberia 1G 40 $9.36 $374.22 hecto h Ila Conradina randiflora Pineland mint 1G 80 $8.11 $649.08 Aristida stricta Wiregrass 1 G 80 $6.43 $514.30 Subtotal Trail Plantings 1,320 $16,574.80 Total Project Plantings 1,623 $19,731.99 Additional Bid Items Quantity Total Cost Mobilization LS $1,680.00 Miscellaneous Materials LS $0.00 90 -Day Maintenance LS $9,866.00 Total Bid Price $31,277.99 Thirty one thousand two hundred seventy seven and ninety nine cents. Total Bid Price in Words Project completion time after receipt of "Notice to Proceed" or PO: 30 DAYS Will your company extend these prices to other governmental agencies Yes No ❑ within the State of Florida? Page 15 of 32 2023063 Hallstrom Farmstead Habitat Enhancement & Parking Area Planting 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: cramsey@sandhillgrowers.com Zip Code 34266 Fax: 863-494-1364 Business Tax Receipt Number: j FEIN Number: 20-531 8487 Authorized Signature: Date: 7/11/23 Name: Courtney Ramsey Title: Estimator (Type / Printed) Page 16 of 32