HomeMy Public PortalAbout2010-22 Authorizing and approving a proposal and contract with Sunset Sod, Inc, re Village fieldsRESOLUTION NO. 2010-22
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
AND APPROVING A PROPOSAL AND CONTRACT WITH
SUNSET SOD, INC. FOR THE PURCHASE AND
INSTALLATION OF SOD FOR VILLAGE FIELDS;
PROVIDING FOR EXEMPTION FROM COMPETITIVE
BIDDING AND WAIVER OF COMPETITIVE BIDDING;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne, Florida (the "Village") wishes to engage Sunset
Sod, Inc. ("Sunset Sod") for the purchase and installation of sod for the fields located at Village
Green North, Village Green South, and St. Agnes (the "Work"); and
WHEREAS, Sunset Sod has agreed to perform the Work; and
WHEREAS, the Village and Sunset Sod wish to enter into a contract for the Work, pursuant
to the terms of the proposal attached hereto as Exhibit "A" to this Resolution (the "Proposal"); and
WHEREAS, it is necessary to expeditiously proceed with the procurement and installation
of the Work; and
WHEREAS, the Village Council finds, upon advice from the Village Attorney, that the
purchase and installation of the Work, is exempt from competitive bidding, as being based upon the
bid of another government agency, pursuant to Section 2-86 of the Village Code; and
WHEREAS, that the competitive bidding procedures for the purchase and installation of the
Work may also be waived by the Village Council pursuant to Village Code Section 2-85 upon the
Council finding, as is hereby found, that it is impractical to apply such competitive bidding
procedures in light of the need to expeditiously complete the purchase and installation of the Work;
and
WHEREAS, the Village Council has determined that it is in the best interests of the Village
to do the Work and to approve a contract with Sunset Sod based on the Proposal attached hereto as
Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted,
confirmed and incorporated herein.
Section 2. Authorization and Approval. The Village Council hereby authorizes and
approves a contract with Sunset Sod, Inc. pursuant to the terms of the Proposal attached hereto as
Exhibit "A," authorizes the Village Manager to execute the contract on behalf of the Village once
approved as to form and legal sufficiency by the Village Attorney, and authorizes the expenditure
of funds as detailed in the attached Proposal.
Section 3. Waiver of Competitive Bidding. That pursuant to Village Code Sections
2-85 and 2-86, competitive bidding procedures of the Village Code are hereby waived for the above
described purchase and installation of the Work.
Section 4. Implementation. The Village Manager is hereby authorized to take any and
all action necessary to implement the Proposal and this Resolution in accordance with its terms and
conditions.
Section 5. Effective Date. This Resolution shall be effective immediately upon
adoption.
PASSED AND ADOPTED this 8th day of June, 2010.
2
MAYOR ROBERT L. VERNON
CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICI
VILLAGE A ORt Y
3
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PURCHASE AND INSTALLATION OF SOD
THIS AGREEMENT FOR PURCHASE AND INSTALLATION OF SOD (this "Agreement")
is made and entered into with an effective date of June 14, 2010 (the "Effective Date"), by and
between the VILLAGE OF KEY BISCAYNE, a Florida municipal corporation (the "VILLAGE")
and SUNSET SOD, INC., a Florida corporation (the "CONTRACTOR").
RECITALS:
WHEREAS, the VILLAGE wants to purchase sod and engage the services of the
CONTRACTOR for the installation of the sod at designated locations in two phases (the "Project"),
as specifically described in the Scope of Services attached as Exhibit "A" to this Agreement (the
"Specified Services"), and the CONTRACTOR has agreed to provide such Specified Services.
WHEREAS, the CONTRACTOR and VILLAGE, through mutual negotiation, have agreed
upon the Scope of Services, a schedule, and fee to engage the CONTRACTOR to perform the
Specified Services as specified below.
NOW, THEREFORE, In consideration of the mutual covenants and conditions set
forth in this Agreement, the CONTRACTOR and VILLAGE agree as follows:
1. SCOPE OF SERVICES
A. The CONTRACTOR agrees to provide and perform the Specified Services upon
written request or notice to proceed from the Village Manager or his designee, in accordance with
the CONTRACTOR'S proposal and pricing of May 26, 2010 (the "Proposal") attached hereto as
Exhibit "B", and in accordance with this Agreement. The Proposal shall constitute a part of the
Agreement.
B. The Village Manager may add items or additional work or services to the
enumerated Specified Services which he finds are necessary for the satisfactory and complete
installation of the Project.
C. CONTRACTOR shall expend all necessary efforts to competently and skillfully
complete all tasks of the sod installation so that the Project is timely, successfully and fully
implemented. CONSULTANT shall expend all necessary efforts to competently and professionally
complete all tasks in accordance with the schedule set forth in the Scope of Services attached hereto
as Exhibit "A" and as approved by the Village Manager or his designee.
D. CONTRACTOR shall work under the guidance of the Village Manager or his
designee, and shall accomplish the Project installation pursuant to this Agreement and the Scope of
Services attached hereto as Exhibit "A."
2. FEES FOR SERVICES
A. As full compensation for satisfactory performance of the Specified Services,
including all labor, supplies, materials, equipment, delivery and installation services for Phases 1
and 2, of the Project, the CON TRACTOR agrees to charge and shall be paid by the Village, based
upon the pricing set forth in the Proposal attached hereto as Exhibit "B," an amount not to exceed
One Hundred and Five Thousand, Eight Hundred and Fifty Five and 00/100 Dollars ($105,855.00)
(the "Contract Price").
B. Upon execution of this Agreement and the Village's written request or notice to
proceed on Phase 1, an initial payment of fifty (50%) percent of the total Contract Price for work
and services to be performed in Phase 1, in accordance with the pricing set forth in the Proposal
attached hereto as Exhibit "B," shall be payable by VILLAGE to CONTRACTOR to be utilized by
CONTRACTOR to procure the necessary sod or materials. Thereafter, the remaining portion of the
Contract Price for Phase 1 shall be paid within one (1) week of completion of the installation of the
sod and all work and services for said Phase 1 and approval and acceptance of the work as
satisfactorily completed, as determined by the Village Manager or his designee.
C. Upon the Village's written request or notice to proceed on Phase 2, an initial
payment of fifty (50%) percent of the total Contract Price for work and services to be installed in
Phase 2, in accordance with the pricing set forth in the Proposal attached hereto as Exhibit "B,"
shall be payable by VILLAGE to CONTRACTOR to be utilized by CONTRACTOR to procure the
necessary sod or materials. Thereafter, the remaining portion of the Contract Price for Phase 2 shall
be paid within one (1) week of completion of the installation of the sod and all work and services
for said Phase 2, and approval and acceptance of the work as satisfactorily completed, as
determined by the Village Manager or his designee.
D. CONTRACTOR shall execute a release of lien in a form satisfactory to the
VILLAGE prior to delivery of final payment hereunder.
3. TERM
The duration of the term of this Agreement shall commence upon the Effective Date hereof
and shall terminate upon the final completion and acceptance by the VILLAGE of the sod
installation and all work and services, but in no event later than July 31, 2010, unless extended by
the Village Manager or earlier terminated pursuant to paragraph 8.
4. RECORDS
Any and all original sketches, tracings, drawings, computations, details, reports,
calculations, work papers and other documents and plans that result from the CONTRACTOR
providing Specified Services shall be the property of the VILLAGE. Upon termination of this
Agreement or upon request of the VILLAGE during the term of this Agreement, any and all such
documents shall be delivered to the VILLAGE by the CONTRACTOR.
5. INSURANCE
A. The CONTRACTOR shall at all times carry comprehensive general liability and
contractual liability insurance, workers' compensation insurance (if applicable), and automotive
liability insurance, with minimum policy limits for each coverage in the amount of at least One
Million ($1,000,000.00) Dollars per occurrence, combined single limit, for property damage and
bodily injury, including death, except that the dollar amount of workers compensation coverage (if
applicable) shall be as provided by Chapter 440, Florida Statutes. The VILLAGE shall be named as
an additional insured on all of the above insurance policies, to the extent permitted by law. Each
insurance policy shall state that it is not subject to cancellation or reduction in coverage without
written notice to the VILLAGE 30 days prior to the effective date of cancellation or reduction of
coverage.
B. CONTRACTOR shall indemnify and hold harmless the VILLAGE, its officers, agents
and employees, from and against any and all demands, claims, losses, costs, suits, liabilities,
causes of action, judgment or damages, including, but not limited to, reasonable attorneys' fees,
arising out of, related to, or in any way connected with CONTRACTOR"S performance or non-
performance of this Agreement, including, but not limited to, negligence, recklessness or
intentional wrongful conduct of the CONTRACTOR and persons employed or utilized by the
CONTRACTOR in the performance of the Agreement.
6. ASSIGNMENT
This Agreement shall not be assignable by the CONTRACTOR, unless such assignment is
first approved in writing by the VILLAGE Manager, in his sole discretion.
7. PROHIBITION AGAINST CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person(s), company, corporation,
individual or firm, other than a bona fide employee working solely for the CONTRACTOR any fee,
commission, percentage, gift, or any other consideration, contingent upon or resulting from the
award or making of this Agreement.
8. TERMINATION
This Agreement may be terminated by the VILLAGE upon five (5) days written notice to
the CONTRACTOR, or immediately with cause. Upon receipt of the VILLAGE"S written notice
of termination, the CONTRACTOR shall stop all work on the Project, unless directed otherwise by
the VILLAGE Manager. The parties recognize that other provisions of this Agreement serve as
consideration for this paragraph 8. If this Agreement is so terminated, the CONTRACTOR shall
be paid in accordance with the provisions of paragraph 2 for all acceptable work performed up to
the date of termination. In the event that VILLAGE terminates this Agreement because of
CONTRACTOR'S default or breach, CONTRACTOR shall refund to VILLAGE any portion of the
initial payment which exceeds the value and cost of work which has been satisfactorily performed
or installed.
9. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONTRACTOR pursuant to this Agreement shall be
nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to
perform the same or similar services for the benefit of the VILLAGE within the VILLAGE's sole
and absolute discretion.
10. ENTIRE AGREEMENT
The parties hereby agree that this is the entire agreement between the parties. This
Agreement cannot be amended or modified without the express written consent of the parties. The
Village Manager shall act for VILLAGE hereunder.
11. WARRANTIES OF CONTRACTOR; COMPLIANCE WITH LAWS.
The CONTRACTOR hereby warrants and represents that at all times during the term of
this Agreement it shall maintain in good standing all required licenses, certifications, permits and
insurance required under Federal, State and local laws necessary to perform the Specified Services
for VILLAGE as an independent contractor of the VILLAGE. The CONTRACTOR shall comply
with al applicable laws, ordinances, rules, regulations, and lawful orders of public authorities
relating to the Project.
12. NOTICES
All notices and communications to the VILLAGE or CONTRACTOR shall be in writing
and shall be deemed to have been properly given if transmitted by registered or certified mail or
hand delivery. All notices and communications shall be effective upon receipt. Notices shall be
addressed as follows:
Village: Genaro "Chip" Iglesias
Village Manager
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
Telephone: (305) 365-5514
With a copy to:
Village Attorney
do Weiss Serota Helfman Pastoriza
Cole & Boniske, P.L.
2525 Ponce De Leon Boulevard
Suite 700
Coral Gables, Florida 33134
Telephone: (305) 854-0800
-6-
CONTRACTOR:
Sunset Sod `
Attention:
13100 S.W. +`Tth Avenue
Miami, Florida 33186
Telephone: (305) 253-2002
oject Manager
13. GOVERNING LAW; LITIGATION
This Agreement shall be construed in accordance with the laws of the State of Florida.
Venue for any litigation hereunder shall be in Miami -Dade County, Florida.. The parties voluntarily
waive the right to any trial by jury in any litigation hereunder.
14. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed an
original and such counterpart shall constitute one and the same instrument.
[Remainder of page left intentionally blank]
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement as of the Effective Date first written above.
VILLAGE:
Village Clerk
Approved as to Form and Legal Sufficiency:
Village Atto
y
VILLAGE OF . Y BISCA , FLORIDA
a Florida m ;'cipal corpo . ion
By:
Genaro "Chip" Iglesias
Dated Executed: to /6
CONTRACTOR:
SUNSET SOD, INC.,
a Florida c s rpgration
By:
Name:
Title:
Date Executed:
Exhibit "A"
Scone of Services
A. Sunset Sod will be providing and installing 165,000 square feet of sod at the
locations designated by the Village, upon written notice to proceed issued for each Phase by the
Village Manager or his designee. Said work shall include the replacement and installation of new
sod, scarify area, spreading of sand as needed, and removal of debris. All work shall be paid by
the Village pursuant to the Proposal on per square foot cost of sod actually installed and accepted
and approved by the Village.
B. Phase 1 consists of the installation of sod at the Village Green North and St.
Agnes Fields, and shall be completed no later than June 23, 2010.
C. Phase 2 consists of installation of sod at Village Green South. The Village intends
to issue a notice to proceed to the Contractor by July 2, 2010, and all work and services shall be
completed by the Contractor by no later than July 16, 2010.
D. CONTRACTOR shall furnish any and all necessary labor, supplies, equipment,
materials, sod and delivery to fully install and complete the Project as required by the Village.
Exhibit "B"
Proposal
F:\100\ 103001\Agreements\Sunset Sod - Agreement for Purchase & Installation of Sod\Sunset Sod Inc. Installation Agreement - June 2010.doc
—10—
o'
•••• ( 5: 1>
��UK111�
VILLAGE OF KEY BISCAYNE
Village Council
Robert L. Vernon, Mayor
Enrique Garcia, Vice Mayor
Michael W. Davey DATE:
Robert Gusman
Michael E. Kelly TO:
Jorge E. Mendia
Thomas Thornton
Village Manager
Genaro "Chip" Iglesias
Office of the Village Manager
MEMORANDUM
June 2, 2010
Honorable Mayor and Members of the Villa ' Council
FROM: Genaro "Chip" Iglesias, Village Manag
RE: Sod Installation for the Village Green and St. Agnes
RECOMMENDATION
It is recommended that the Village Council approve the Resolution permitting an
agreement to be executed for the installation of sod by Sunset Sod, Inc.
BACKGROUND
The fields located at the Village Green North, Village Green South, and St. Agnes
requires an estimated total of 165,000 square feet of sod. The Village requested
estimates from eleven (11) different sod providers. The Village received quotes from
three qualified vendors.
The Village drafted an agreement for the installation of sod for the lowest qualified
respondent. A time table for the installation of the sod was agreed upon by both parties.
On Tuesday, June 1, 2010, the contractor informed the Village that it would no longer
be able to meet the previously established timeline. The Village then contacted Sunset
Sod, Inc. who was recommended by both the City of Miami Beach and Miami Dade
County Parks and Recreation Department. Sunset Sod stated they could meet the
timeline required and beat the price of the original vendor with whom the Village had
negotiated an agreement. The resulting quotes for 165,000 square feet of sod delivered
and installed were as follows:
Sunset Sod $105,855
Odum's Sod $105,930
A1A Sand and Soil $108,800
Sunset Sod will be able to initiate phase one of the sod replacement program on June
14, 2010. Phase one will replace the sod on the Village Green north field. The Village
88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936
MISSION STATEMENT. "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT."
www.keybiscayne.A.gov
will evaluate the work product provided by Sunset Sod and determine whether to utilize
Sunset Sod for the second phase of the sod replacement program. The second phase
of the sod replacement will include the Village Green south and the St. Agnes field.
The second phase is scheduled to begin on July 12, 2010. An agreement will be
brought to the Village Council at the July 6, 2010 Council Meeting to either continue with
Sunset Sod or another vendor for phase two.
The cost of the sod replacement program for the Village Green north, Village Green
south, and St. Agnes shall not exceed the $105,855 quote provided by Sunset Sod.
This project will be funded in the Playing Field Reserve allocation in the Capitol
Reserve. This line item has a current balance of $416,403. The Village Green south
field lighting funding of $198,980 to be funded from this reserve resulting in a balance of
$217,423. If the sod replacement program is approved, the resulting balance in the
Playing Field Reserve would be $111,568.
EXHIBIT "A"
Proposal from Sunset Sod, Inc.
(copy to be attached)
05/28/2010 15:59 7862429988
SUNSET SOD INC PAGE 01/01
SUNSET SOD, INC.
P.O. Box 160744
Miami, Florida 33116
305-253-2002
Fax -786-242-9988
Name / Address
Estimate
Date
Estimate #
5/26/2010
3352
City of Key Biscayne
88 W. McIntyre Street
Key Biscayne, F133149
Todd -786-255-6771
thofferberth@keybiscayne.fl.gov
Project
Description
Qty
Cost
Total
Celebration Rolls
Scarify Area /
needed
Sand 18 yd Id
Removal of d
Job to be don
City to provld
sod so not to ciamage
installed
spread sand as
bris
In 2 phases
MOT for off loading
pavers.
165,000
165,000
7
28
0.395
0.16
340.00
425.00
65,175.00T
26,400.00T
2,380.00T
11,900.00
We appreciate your Business!!
Subtotal $10.5,855.00
Sales Tax (0,00) $0.00
Total $105,855.00
Si
nature
Odums' Sod, Inc.
13961 Okeechobee Blvd
Loxahatchee, FL 33470
Phone #: (561) 333-7416 o Fax #: (561) 333-7455
PROPOSAL SUBMITTED TO: Phone: (305) 365-8900 Date: May 6, 2010
Name: Village of Key Biscayne Job Name: Greenway North, Greenway South and
Street:
City:
ATTN:
10 Village Green Way
Key Biscayne
Todd
State:
FL
Zip:
Street:
City:
Fax:
St. Agnus Catholic Church Field
Key Biscayne
(305) 365-8991
State: Fl.
We hereby submit specifications and estimates for:
Either Bermuda 419 or Celebration Bermuda
(Greenway No. @95,000, Greenway So. @30,000 and St. Agnus Field @40,000 =165,000 sq. ft.
Total: 165, 000 sq. ft. x .642 = $105,930.00
**Per School District of Palm Beach County Term Contract # 07-12A**
UNLESS OTHERWISE NOTED THIS QUOTE DOES NOT INCLUDE GRADING,
WATERING, FERTILIZING, ROLLING OR ANY TYPE OF TRAFFIC CONTROL.
One hundred and five thousand, nine hundred and thirty dollars
($105,930.00) with payment to be made as follows:
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation
from above specifications involving extra cost will be executed only upon written orders, and will become an extra charge over and above the estimate. All
agreements contingent upon strikes, accidents, or delays beyond our control. This proposal subject to acceptance within 60 days and is void there after at the
option of the undersigned.
Authorized Signature: Ta *n..e' W . liailtVenand,
James W. Hammond, Manager
ACCEPTANCE OF PROPOSAL
The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.
Payment will be made as outlined above.
ACCEPTIED: Signature:
Date of Acceptance: Signature:
SOD
'...11r1W11:, SAND
INWINA & SOIL
28400 SOUTH DIXIE HWY.. HOMESTEAD. FL 33033
PH: 305-245-4445 FAX: 305-675-0832
E-MAIL: info@alasod.com
Name / Address
VILLAGE OF KEY EISCAYNE
88 W Mc Intyre St
KEY BISCAYNE , FL 33140
PH: 305-365-8900 EXT 1213
FAX: 305-365-8991 ATTN: TODD NOFFERBERTH
Estimate
Date
Estimate*
5/12/2010
1243
P.O. No.
Terms
Due Dal*
Chip To
6W50
5/1212010
y
10 VILLAGE GREEN WAY
Item
i
Description
Qty
Cost
Total
BERMUDA SOU ...
EI*KMUUA iOU SQ. Fl .
We look forward to doing business with you.
160,000
0.00
108,600.00
Customer srcknowledgts receipt of the type of products) Shown above and that sock plant and trees are
perishable goods which must be rejected at the bme of delivery. if non -conforming. Customer acknowledges
that all /tales are final and Seller provides no warranties for installation or products.
A IA Sod. Sand & Sod guarantees the sod will be delivered in good. healthy conditions. Since we have no
control mien inctawrrinn method& watering. erdstintt soil conditions. insects. weather. or sod left on the pallet
past the day of delivery. our Malady terminates upon the customers acceptance of the product.
customer agrees that chna,ld it he necessary to employ an attorney to *Moro* the terns of this contract on
Subtotal $108,800.00
Sales Tax (7.0%) $0.00
Total $108,1100.00
the Customer. Customer agrees to reimburse Sewer ail Coat of coUecbon. rnckrding attorney's gee's. cou
and other applicable e+penses. including appeal. Customer agrees to pay finance charge of one and one halt
percent per mnnth nn all overdue accounts.
A service charge will be assessed on unpaid accounts that become past due according to terms of sale at a
periodic rate 0( L5x18% per annum.
A3A Sod. Sand & Soil * not responsible for damages to property caused by equipment entering job site upon
instruction of the owner. contractor or representative of same. Al delivered prices are for street curb delivery
except where curb and sidewalk are entirely bridged 6 protected. Good road conditions must exist to actual
point of delivery inside the curb.
To accent this quotation. then hare and return: _
t0/TA 39Ud '1I05 1; aNtiS'a0S 66bb5bZSAE Lb:9T ALAI.// T/rA