HomeMy Public PortalAbout2018 SFM Services agreement.pdfAGREEMENT
BETWEEN
THE VILLAGE OF KEY BISCAYNE
AND
SFM SERVICES, INC.
THIS AGREEMENT (this "Agreement") is made effective as of the 1/' day of
, 2018 (the "Effective Date"), by and between the VILLAGE OF KEY
CA E, a Florida municipal corporation (hereinafter the "Village"), and SFM Services,
Inc., a Florida corporation (hereinafter the "Contractor"), with its address at 9700 NW 79th
Hialeah Gardens, Florida 33016.
WHEREAS, the Village desires to trim and prune trees within the Village in order to
help protect against the impacts of potential storm events and hurricanes; and
WHEREAS, the Village issued an Invitation to Bid No. 2018-04-17; and
WHEREAS, the Contractor submitted a proposal for the Project (the "Proposal"); and
WHEREAS, pursuant to Resolution No. 18- , the Village selected the Contractor for
the requested services, and the Village desires to enter into an agreement with the Contractor for
the services described in this Agreement, and the Contractor has agreed to provide such services
pursuant to the Proposal; and
WHEREAS, the Contractor and the Village, through mutual negotiation, have agreed
upon a Scope of Services, schedule, and fee to engage the Contractor to perform certain services
for the Village consisting of tree trimming and pruning services, as further detailed in the Scope of
Services set forth herein below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the Contractor and the Village agree as follows.
1. Scope of Services.
The Contractor shall furnish such services and provide deliverables as set
forth and described in the Proposal attached hereto as Exhibit "A," which
shall include, but are not limited to, tree trimming and pruning services
and removal of all debris (collectively, the "Services"). In performing the
Services, the Contractor shall adhere to and follow the terms, conditions
and requirements set forth in the BID No. 2018-04-17.
1.2. The Scope of Services shall include, but are not limited to:
• The hardwoods to be serviced are the Village's property, located in
rights -of -way, as listed in Exhibit "B", Village Tree Inventory.
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s e r v i c e s f o r t h e e f f i c i e n t a n d t i m e l y p e r f o r m a n c e o f t h e S e r v i c e s .
2 . T e r m / C o m m e n c e m e n t D a t e .
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r e m a i n i n e f f e c t u n t i l t h e C o n t r a c t o r c o m p l e t e s t h e S e r v i c e s d e s c r i b e d
h e r e i n , w h i c h S e r v i c e s s h a l l b e c o m p l e t e d n o l a t e r t h a n s i x t y ( 6 0 ) c a l e n d a r
d a y s f r o m t h e d a t e s p e c i f i e d i n t h e V i l l a g e ' s N o t i c e t o P r o c e e d , u n l e s s
e a r l i e r t e r m i n a t e d i n a c c o r d a n c e w i t h P a r a g r a p h 8 . T h e V i l l a g e s h a l l
p r o v i d e t h e C o n t r a c t o r w i t h a N o t i c e t o P r o c e e d f o r t h e S e r v i c e s o r a n y
p a r t o r p h a s e t h e r e o f . T h e V i l l a g e M a n a g e r o r h i s d e s i g n e e m a y e x t e n d t h e
t i m e f o r p e r f o r m a n c e o f t h e S e r v i c e s o r t h e t e r m o f t h i s A g r e e m e n t u p t o
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p e r f o r m a n c e o f t h e S e r v i c e s r e q u i r e d u n d e r t h i s A g r e e m e n t . T h e
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s e t f o r t h i n t h e N o t i c e t o P r o c e e d o r a s d i r e c t e d b y t h e V i l l a g e , u n l e s s a n
e x t e n s i o n i s g r a n t e d b y t h e V i l l a g e M a n a g e r o r h i s d e s i g n e e .
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3. compensation and Payment.
3.1 The Contractor shall be paid for the Services on a unit basis in accordance
with the fee schedule included in the Proposal and attached hereto as
Exhibit "A", but such compensation shall not exceed the total amount of
$91,025.00. All unit prices and fees charged shall be supported by a
complete accounting of said work.
3.2 In order to receive payment for the Contractor's Services, the Contractor
must provide a detailed invoice, on a monthly basis, that contains a list of
the Services that have been provided. The Contractor may be required to
use a form that is acceptable to State or federal agencies which may
reimburse the Village for the Services, including forms prescribed by the
Federal Emergency Management Agency ("FEMA").
3.3 The Contractor shall pay all of its own expenses incurred in performing
the Services.
3.4 Invoices shall be promptly processed for payment upon receipt by the
Village pursuant to Sec. 218.70, Fla. Stat, the Florida Prompt Payment
Act, after approval and acceptance of the Services by the Village Manager
or his designee.
4. Subcontractors.
4.1 The Contractor shall be responsible for all payments to any subcontractors
and shall maintain responsibility for all work related to the Services
performed.
4.2 Any subcontractors used to complete the Services requested by the Village
pursuant to this Agreement, must have the prior written approval of the
Village Manager or his designee.
5. Village's Responsibilities.
5.1
The Village shall furnish to the Contractor, at the Contractor's written
request, all available data, studies and reports in the possession of the
Village, pertinent to the Services to be provided by the Contractor.
5.2 The Village shall arrange for reasonable access to and make all provisions
for the Contractor to enter upon real property, as required for the
Contractor to perform the Services, as may be requested in writing by the
Contractor.
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6. Contractor's Responsibilities.
6.1 The Contractor shall exercise the same degree of care, skill and diligence
in the performance of the Services requested as is ordinarily provided by a
Contractor under similar circumstances. If at any time during the term of
this Agreement it is determined that the Contractor's deliverables are
incorrect, defective or fail to conform to the Services requested, upon
written notification from the Village Manager or his designee, the
Contractor shall, at Contractor's sole expense, immediately correct the
work.
6.2 The Contractor shall supply all information and documentation required to
support the Village in any State or Federal programs reimbursement
process, including as mandated by FEMA. Further, the Contractor shall
otherwise comply with any and all requirements for State and federal
reimbursement, and all applicable federal and State laws.
7. Conflict of Interest.
7.1 Intentionally Deleted.
8. Termination.
8.1 The Village Manager or his designee may terminate this Agreement
without cause upon five (5) days written notice to the Contractor, or
immediately with cause.
8.2 Upon receipt of the Village's written notice of termination, the Contractor
shall cease working unless directed otherwise by the Village Manager or
his designee.
8.3 In the event of termination by the Village, the Contractor shall be paid for
all work accepted by the Village Manager or his designee up to the date of
termination, provided that the Contractor has first complied with the
provisions of Paragraph 8.4.
8.4 The Contractor shall transfer all books, records, reports, working drafts,
documents, maps, and data pertaining to the Services provided to the
Village, in a hard copy and electronic format within fourteen (14) days
from the date of the written notice of termination or the date of expiration
of this Agreement.
9. Nondiscrimination.
9.1 During the term of this Agreement, the Contractor shall not discriminate
against any of its employees or applicants for employment because of their
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race, color, religion, sex, or national origin, and shall abide by all Federal
and State laws regarding nondiscrimination
10. Attorneys' Fees and Waiver of Jury Trial.
10.1 In the event of any litigation arising out of this Agreement, the prevailing
party shall be entitled to recover its attorneys' fees and costs, including the
fees and expenses of any paralegals, law clerks and legal assistants, and
including fees and expenses charged for representation at both the trial and
appellate levels.
10.2 In the event of any litigation arising out of this Agreement, each party
hereby knowingly, irrevocably, voluntarily and intentionally waives its
right to trial by jury.
lnaemnitication; Insurance
11.1 Contractor shall indemnify and hold harmless the Village, its officers,
agents and employees, from and against any and all demands, claims,
losses, suits, liabilities, causes of action, judgment or damages, arising
from Contractor's negligent acts, errors, or omissions arising out of the
performance or non-performance of any provision of this Agreement,
including, but not limited to, liabilities arising from contracts between the
Contractor and third parties made pursuant to this Agreement. Contractor
shall reimburse the Village for all its expenses including reasonable
attorneys' fees and costs incurred in and about the defense of any such
claim or investigation and for any judgment or damages arising from
Contractor's negligent performance or non-performance of this
Agreement.
11.2 Contractor shall secure and maintain throughout the duration of this RFP
and agreement, if selected, insurance of such types and in such amounts
not less than those specified below as satisfactory to Village, naming the
Village as an Additional Insured, underwritten by a firm rated A -X or
better by A.M. Best and qualified to do business in the State of Florida.
The insurance coverage shall be primary insurance with respect to the
Village, its officials, employees, agents and volunteers naming the Village
as additional insured. Any insurance maintained by the Village shall be in
excess of the Contractor's insurance and shall not contribute to the
Contractor's insurance. The insurance coverages shall include at a
minimum the amounts set forth in this section and may be increased by the
Village as it deems necessary or prudent.
11.2.1 Commercial General Liability coverage with limits of
liability of not less than a $1,000,000 per Occurrence
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combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include
Completed Operations and Product Liability coverages and
eliminate the exclusion with respect to property under the
care, custody and control of Contractor. The General
Aggregate Liability limit and the Products/Completed
Operations Liability Aggregate limit shall be in the amount
of $2,000,000 each.
11.2.2 Workers Compensation and Employer's Liability
insurance, to apply for all employees for statutory limits as
required by applicable State and Federal laws. The
policy(ies) must include Employer's Liability with
minimum limits of $1,000,000.00 each accident. No
employee, subcontractor or agent of the Contractor shall be
allowed to provide Services pursuant to this RFP who is not
covered by Worker's Compensation insurance.
11.2.3 Business Automobile Liability with minimum limits of
$1,000,000 per Occurrence, combined single limit for
Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by the Insurance
Service Office, and must include Owned, Hired, and Non -
Owned Vehicles.
11.2.4 Professional Liability Insurance in an amount of not less
than One Million Dollars ($1,000,000.00) per occurrence,
single limit.
11.2.5 Certificate of Insurance. Certificates of Insurance shall
be provided to the Village, reflecting the Village as an
Additional Insured (except with respect to Professional
Liability Insurance and Worker's Compensation
Insurance), no later than ten (10) days after award of this
Agreement and prior to the execution of this Agreement by
Village and prior to commencing Services. Each certificate
shall include no less than (30) thirty -day advance written
notice to Village prior to cancellation, termination, or
material alteration of said policies or insurance. The
Contractor shall be responsible for assuring that the
insurance certificates required by this Section remain in full
force and effect for the duration of this Agreement,
including any extensions or renewals that may be granted
by the Village. The Certificates of Insurance shall not only
name the types of policy(ies) provided, but also shall refer
specifically to this Agreement and shall state that such
insurance is as required by this Agreement. The Village
reserves the right to inspect and return a certified copy of
such policies, upon written request by the Village. If a
policy is due to expire prior to the completion of the
Services, renewal Certificates of Insurance shall be
furnished thirty (30) calendar days prior to the date of their
policy expiration. Each policy certificate shall be endorsed
with a provision that not less than thirty (30) calendar days'
written notice shall be provided to the Village before any
policy or coverage is cancelled or restricted. Acceptance of
the Certificate(s) is subject to approval of the Village.
11.2.6 Additional Insured. Except with respect to Professional
Liability Insurance and Worker's Compensation Insurance,
the Village is to be specifically included as an Additional
Insured for the liability of the Village resulting from
Services performed by or on behalf of the Contractor in
performance of this Agreement. The Contractor's
insurance, including that applicable to the Village as an
Additional Insured, shall apply on a primary basis and any
other insurance maintained by the Village shall be in excess
of and shall not contribute to the Contractor's insurance.
The Contractor's insurance shall contain a severability of
interest provision providing that, except with respect to the
total limits of liability, the insurance shall apply to each
Insured or Additional Insured (for applicable policies) in
the same manner as if separate policies had been issued to
each.
11.2.6 Deductibles. All deductibles or self -insured retentions
must be declared to and be reasonably approved by the
Village. The Contractor shall be responsible for the
payment of any deductible or self -insured retentions in the
event of any claim.
11.3 The provisions of this section shall survive termination of this Agreement.
Notices/Authorized Representatives,
12.1 Any notices required by this Agreement shall be in writing and shall be
deemed to have been properly given if transmitted by hand -delivery, by
registered or certified mail with postage prepaid return receipt requested,
or by a private postal service, addressed to the parties (or their successors)
at the following addresses:
For the Village: John C. Gilbert, Village Manager
Village of Key Biscayne, Florida
88 W. McIntyre Street, Suite 210
Key Biscayne, FL 33149
Telephone: 305-365-5500
For The Contractor: SFM Services, Inc.
Attention: Cristian Infante, President
9700 NW 79th Avenue
Hialeah Gardens, Florida 33016
Telephone: 305-818-2424
13. Governing Law.
13.1 This Agreement shall be construed in accordance with and governed by
the laws of the State of Florida. Venue for any litigation arising out of this
Agreement shall be proper exclusively in Miami -Dade County, Florida.
14. Entire Agreement; Amendment; Authorization.
14.1 This writing contains the entire Agreement of the parties and supersedes
any prior oral or written representations. No representations were made or
relied upon by either party, other than those that are expressly set forth
herein.
14.2 No agent, employee, or other representative of either party is empowered
to modify or amend the terms of this Agreement, unless such amendment
is executed with the same formality as this document.
14.3 The Contractor represents that it is an entity validly existing and in good
standing under the laws of the State of Florida. The execution, delivery
and performance of this Agreement by the Contractor has been duly
authorized, and this Agreement is binding on the Contractor and
enforceable against the Contractor in accordance with its terms. No
consent or authorization of any other person or entity to such execution,
delivery and performance is required.
15. Ownership and Access to Records and Audits.
15.1 All records, books, documents, maps, data, deliverables, papers and
financial information that result from the Contractor providing the
Services to the Village under this Agreement shall be the property of the
Village.
15.2 Contractor agrees to keep and maintain public records in Contractor's
possession or control in connection with Contractor's performance under
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this Agreement. Contractor additionally agrees to comply specifically
with the provisions of Section 119.0701, Florida Statutes. Contractor shall
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 Agreement, and following
completion of the Agreement until the records are transferred to the
Village.
15.3 Upon completion of this Agreement or in the event of termination by
either party, any and all public records relating to the Agreement in the
possession of the Contractor shall be delivered by the Contractor to the
Village Manager, at no cost to the Village, within fourteen (14) days. All
such records stored electronically by Contractor shall be delivered to the
Village in a format that is compatible with the Village's information
technology systems. Once the public records have been delivered upon
completion or termination of this Agreement, the Contractor shall destroy
any and all duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements.
15.4 Any compensation due to Contractor shall be withheld until all records are
received as provided herein.
15.5 Contractor's failure or refusal to comply with the provisions of this section
shall result in the immediate termination of this Agreement by the Village.
Section 119.0701(2)(a), Florida Statutes
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.
Custodian of Records:
16. Nonassignability.
Jennifer Medina, MMC
Village Clerk
Phone: (305) 365-5506
Fax: (305) 365-8914
Email: jmedina(a�keybiscayne.fl.gov
16.1 This Agreement shall not be assignable by the Contractor unless such
assignment is first approved in writing by the Village Manager or his
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designee, in its sole and absolute discretion. The Village, in entering this
Agreement, is relying upon the apparent qualifications and personal
expertise of the Contractor, and his firm's familiarity with the Village and
the Village's desires.
17. Severability.
17.1 If any term or provision of this Agreement shall to any extent be held
invalid or unenforceable, the remainder of this Agreement shall not be
affected thereby, and each remaining term and provision of this
Agreement shall be valid and be enforceable to the fullest extent permitted
by law.
18.
Independent Contractor.
18.1 The Contractor and its employees, volunteers and agents shall be and
remain independent contractors and not agents or employees of the Village
with respect to all of the acts and Services performed pursuant to the terms
of this Agreement. This Agreement shall not in any way be construed to
create a partnership, association or any other kind of joint undertaking,
enterprise or venture between the parties.
19. Compliance with Laws.
19.1 The Contractor shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities relating to the Services
provided, including any applicable FEMA requirements and/or
regulations, and shall procure and maintain all licenses and permits from
all jurisdictional agencies to perform the Services pursuant to this
Agreement.
20. Waiver.
21.
20.1 The failure of either party to this Agreement to object to or to take
affirmative action with respect to any conduct of the other which is in
violation of the terms of this Agreement shall not be construed as a waiver
of the violation or breach, or of any future violation, breach or wrongful
conduct.
Survival of Provisions
21.1 Any terms or conditions of either this Agreement that require acts beyond
the date of the term of the Agreement, shall survive termination of the
Agreement, and shall remain in full force and effect unless and until the
terms or conditions are completed and shall be fully enforceable by either
party.
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22.
Prohibition of Contingency Fees.
22.1 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.
23. Counterparts.
23.1 This Agreement may be executed in several counterparts, each of which
shall be deemed an original and such counterparts shall constitute one and
the same instrument.
24. Safety; Accident Prevention and Regulations.
24.1 Precautions shall be exercised at all times for the protection of persons and
property. The Contractor and subcontractors shall conform to all OSHA,
Federal, State, County and Village laws and regulations while performing
the Services under the terms and conditions of this Agreement. Any fines
levied by the above -mentioned authorities, because of failure or
inadequacies to comply with these requirements, shall be borne solely by
the Contractor who shall be responsible for same.
25. Required Licenses, Permits and Certifications; Warranties of Contractor.
25.1 The Contractor represents and warrants to the Village that at all times
during the term of this Agreement it shall procure and maintain in good
standing all required licenses, permits, certifications and insurance
required under federal, state and local laws necessary to perform the
Services pursuant to this Agreement. Any fines levied by the above -
mentioned authorities, because of failure or inadequacies to comply with
these requirements, shall be borne solely by the Contractor who shall be
responsible for same.
26. Public Entity Crime Affidavit
26.1 The Contractor shall comply with Section 287.133, Florida Statutes
(Public Entities Crime Statute), notification of which is hereby incorporated
herein by reference, including the execution of any required affidavit.
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the first date as
written above.
Attest:
APPROVED AS TO FORM AND LEGALITY
FOR THE USE AND BENEFIT OF VILLAGE OF
KEY BISCAYNE ONLY:
Village Attorney
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VILLAGE:
Village of Key Biscayne, a
municipal corporation
CONTRACTOR:
SFM Services, Inc., a Florida
corporation
By:
Name:
Title: �sident
Infante
Date: 07/11/2018
EXHIBIT "A"
Proposal / Scope of Services
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KEY BISCAYNE HARDWOOD TRIMMING PROJECT - 2018
Price Schedule Form
Street Name
Qty
Species
Price per Street
Crandon Boulevard
305
Oak
$16,775.00
Harbor Drive
185
Mahogany
$10,450.00
5
Oak
West Mashta Drive
62
Mahogany
$3,410.00
Fernwood Road
127
Pigeon Plum
$6,985.00
Glenridge Road
155
Oak
$8,525.00
Woodcrest Road
157
Oak
$8,635.00
Ridgewood Road
70
Gumbo Limbos
$5,665.00
33
Bulnesias
Warren Lane
53
Oak
$2,915.00
West McIntyre Street
98
Oak
$5,390.00
Buttonwood Drive
30
Green Buttonwood
$1,650.00
Cypress Road
27
Gumbo Limbos
$1,485.00
Cranwood Drive
33
Oak
$1,815.00
Greenwood Drive
6
Silver Buttonwood
$440.00
2
Sea Grape
West Heather Lane
11
Green Buttonwood
$605.00
Warren Lane - 600 blk
10
Yellow Tab
$550.00
Allendale Road - 600/700 blk
52
Pink Tab
$2,860.00
Myrtlewood Lane
7
Green Buttonwood
$385.00
West Matheson Drive
18
Pigeon Plum
$990.00
Bay Lane
7
Satin Leaf
$385.00
Redwood Lane
13
Oak
$1,210.00
9
Banyan
Beechwood Drive
8
Copper Pod
$440.00
East Heather Drive
26
Mahogany
$1,430.00
East Enid Drive
38
Mahogany
$2,090.00
Island Drive
90
Mahogany
$4,950.00
North Mashta Drive
18
Oak
5990.00
1655
Total
$ 91,025.00
ARBORIST OPTION:
Must provide the Cost Differential if the certified arborist were to be on site for all trimming
activity during the duration of the project.
PROPOSER'S NAME: SFM Services, Inc.
(Company's Name)
$ to°lo
State numeric increase
KEY BISCAYNE HARDWOOD TRIMMING PROJECT - 2018
Inventory per Street
Qty
Street Name
Species
DBH Average
DBH Range
305
Crandon Boulevard
Oak
9
between 7 and 15
185
Harbor Drive
Mahogany
12
between 4 and 23
5
Oak
13
between 12-14
62
West Mashta Drive
Mahogany
16
between 4 and 24
127
Fernwood Road
Pigeon Plum
6
between 4 and 14
155
Glenridge Road
Oak
12
between 3 to 24
157
Woodcrest Road
Oak
13
between 3 and 23
70
Ridgewood Road
Gumbo Limbos
15
between 3 and 19
33
Bulnesias
5
between 2 and 6
53
Warren Lane
Oak
9
between 4 and 16
98
West McIntyre Street
Oak
10
between 4 and 20
30
Buttonwood Drive
Green Buttonwood
18
between 3 and 30
27
Cypress Road
Gumbo Limbos
10
between 5 and 18
33
Cranwood Drive
Oak
16
between 4 and 24
6
Greenwood Drive
Silver Buttonwood
9
between 2 and 13
2
Sea Grape
18
between 16 and19
11
West Heather Lane
Green Buttonwood
20
between 13 and 33
10
Warren Lane - 600 blk
Yellow Tab
9
between 1 and 18
52
Allendale Road - 600/700 blk
Pink Tab
7
between 3 and 16
7
Myrtlewood Lane
Green Buttonwood
21
between 15 and 28
18
West Matheson Drive
Pigeon Plum
7
between 4 and 15
7
Bay Lane
Satin Leaf
9
between 5 and 15
13
Redwood Lane
Oak
12
between 6 and 20
9
Banyan
48
between 36 to 60
8
Beechwood Drive
Copper Pod
11
between 5 and 18
26
East Heather Drive
Mahogany
13
between 10 and 18
38
East Enid Drive
Mahogany
13
between 11 and 17
90
Island Drive
Mahogany
14
between 7 and 24
18
North Mashta Drive
Oak
16
between 5 and 21
1655
Total Trees