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CAT A- SFM, LLC- Contract Procurement & Required Provisions ChecklistContract Procurement and Required Provisions Checklist Applicant Name: $A1kcj ' SV -Mf-GS V;II�► - Category of Work: f}' Project #(s):J� RFQ, RFD, or ITB #: T) SO S{w '[ &65 %leeloc -Ajor, and 'D yS a 1 QW* 20 %8 -10- 0 Contractor Name(s): Sf M _5ef U; C,e S LC Date Contract(s)Awarded: ypt Purpose of Contract(s): Qe b r-+$ ' o Ci 5 Contract Amount(s):�� + 00 1 PA Reviewer Name: Date Reviewed: Does this contract require further JFO or PDAT review? Yes ❑ No ❑ SOLICITATION Answers /Comments ❑ Is the solicitation (Request for Proposals [RFP] or Request for Yes Qualifications [RFQ]) included in your file? Were prospective respondents allowed a reasonable amount No ❑ ❑• yes of time to respond? • Does solicitation contain a clear and accurate description of No ❑ Ll Yes erl- the technical requirements for the material, product or Na El services scope of work (SOW)? ❑ • Specifications may not contain features that unduly restrict competition • Are there unreasonable requirements or unnecessary Yes ❑ ❑ experience or excessive bonding requirements? No ❑ • Are there any "brand name" products speafred without "or yes ❑ also listing equal"? No ze • Does the solicitation file evidence the following: ❑ • Positive efforts in hiring small-business enterprises to Yes ❑ the extent practical? • Positive efforts in hiring minority-owned business No ❑ Yes ❑ enterprises to the extent practical? No ❑ • Positive efforts in hiring women - owned business Yes ❑ enterprises to the extent practical? No ❑ • Positive efforts in the utilization of labor surplus - - Yes ❑ firms? No L3 Is the publication (advertisement, invitation to bid, etc) Yes i included in your file? Is a record of respondents that were rejected as not No ❑ Yes ❑ responsible or not responsive and rejection reasoning No included in your file? Are there an adequate number of responses documented in the fde Yes B-- ❑ (two ill or more for large purr and ttm [3] for small purchases)? Keep No El records of proposals in your file. SOLICITATION (CONTINUED) Answers /Comments ❑evaluation Are copies of all proposals, to include methodology of and selection process (e.g., bid summary, tabulation sheet, scoring sheet, cost analysis If needed [see COST ANALYSIS yes NO L3 REQUIRED section on following pages] and recommendation]) included in your file? Are there any potential conflicts of interest? Ll Yes ❑ No WHAT IS THE METHOD OF PROCUREMENT? Answers /Comments ❑ Procurement by small purchase (415o,000). ❑ Procurement by sealed bids (preferred method for construction contracts). Contract awarded to the lowest responsive, responsible bidder with a firm -fixed price contract (lump sum Yes No ❑ or unit price). ❑ Procurement by competitive proposals. • If solicitation was for other than "Architectural and Engineering (A+E) professional services, was price included as a selection criteria? ❑ Yes No ❑ • If solicitation was for AIE services, is a cost analysis included in your file (see COST ANALYSIS REQUIRED section, next page)? Yes ❑ No Yes - - - No p ❑ Li• Does the solicitation dearly outline the scoring criteria and associated weights used for selection? ❑ Procurement by noncompetitive proposals. ❑ • Is there a justification for the use of this method of procurement included in your file? Yes ❑ No ❑ ❑ • Are intergovernmental agreements and Federal surplus property (if applicable) included in your file? Yes ❑ No ❑ TYPES OF CONTRACTS FOR REIMBURSEMENT Answers /Comments ❑ Lump sum? Yes ❑ No ❑ nit price? Yes No FLJ77-ei- lrIl(1Q 1f�, ❑ I Cost plus a fixed fee? Yes ❑ No ❑ ❑ Time and materials contracts: Does it meet all the Yes ❑ requirements? No ❑ PROHIBITED CONTRACTS Answers /Comments Cost plus a percentage of Cost? (NOT PERMITTED) Yes ❑ No ❑ Percentage of construction cost? (NOT PERMITTED) Yes 0 ❑ Piggyback? (0* permitted under certain circamstances. Elevate to PDTFL, PAG5 and IBD for guidance.) Yes ❑ No ❑ BONDING REQUIREMENTS Answers /Comments L Is this a construction or facilities improvement contract that Yes exceeds $150,000? If so: No ❑ �] * Did the bid response include a 5% bid frond? Yes ❑ ,No L • Did the winning contractor execute a performance bond for Yes ❑ 100% of the contract? No L Did the winning contractor execute a payment bond for Yes ❑ / 100% of the contract? No C REQUIRED CONTRACT PROVISIONS Answers /Comments LjDoes the contract ( 4150,000) contain a provision for administrative Yes and legal remedies for violation or breach of contract? No ❑ Does the contract ( >$10,000) contain a provision for termination Yes of contract for cause and for convenience? No ❑ Yes No Does the contract ( >$10,000) contain a provision to comply with J E'xecuti've Order (EO) 11246, Equal Employment Opportunity (EEO)? ❑ Does the contract (applies to all construction or repair contracts 0 Yes or subcontracts) contain a provision to comply with the Copeland No El Anti- Kickback Act Compliance with the Davis -Bacon Act, There is NO REQUIREMENT Yes ❑ / ❑" for such compliance with the FEMA Public Assistance (PA) or Hazard No pf Mitigation (HM) programs. Is the contract required to comply with Sections 103 and 107 of the Yes ❑ ,/ Contract Work Hours and Safety Standards Act? No Does the contract (applies to contracts, subcontracts and grants > Yes a $150,000) contain a provision to comply with Section 306 of the No ❑ Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738 and Environmental Protection Act (EPA) regulations, 40 CFR 15? Does the contract contain a provision stating record retention Yes and access requirements to all records? No ❑ COST ANALYSIS REQUIRED Answers /Comments U Were AIE or other professional services procured? Yes ❑ iNo - a Is the contract a noncompetitive proposal? Yes ❑ No © Does the contract contain modifications andlor change orders? Yes ❑ No ®' Competitively procured contracts (small and urge): Documentation Yes demonstrating competitive procurement serves as a cost analysis. No ❑ Service Agreement For Miami Shores Village (RFP 201 & 10-02 Disaster Debris Reduction & Disposal) This AGREEMENT made on VOMnber $4%, 2017, between SFM Landaoape Services, LLC, a Florida Limited Liability Company hereafter refined to as Contractor and Miami Shores Village, a Florida Municipal Corporation hereafter referred to as Client. WHEREAS, in response to the Giant's Request for proposals No. 2018 -10 -02 OweinaRar the "RFIO the Contractor submitted its proposal for the work described in the RFP In accordance with the terms thereof (the "Reeponwj; end WHEREAS, in accordance With appropriate competitive bidding procedures the Contractor was salected, and approved by the Miami Shores Village Council, as the successful bidder based on its response to the RFP; NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, and $10.00 and other good and vane consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: .1. Beginning upon receipt of Client's Notice to Proceed, Contractor will provide and perform for the Client these services listed in Exhibit A do B, as and when directed by the Client. .2. All personnel furnished by the Contractor Will be employees of the Contactor, and the Contractor will pay all salaries and expenses of, and all Federal Social Security Taxes, Federal and State Unemployment Taxes, and any similar payroll taxes relating to such employees, and will carry Wmb*Ws Compensatim Insurance for such employees. The Conttactor will be considered for all purposes an independent contractor, and will not at any time directly or indirectly act as an agent, savant, or employee of the Client. 3. The Contractor shall provide the munnoe coverage required under the Rpp, including comprehensive liability coverage and Workmen's Compensation coverage. 4. The Contractor is responnble for the direct supervision of its personnel through its desigostad representative, and such ropseee ntetive will, in turn, be available st all reasonable times to report and confer with the designated agora of the Client with respect to services rendered. 5. The Contractor agrees that the services to be provided hereunder shall be performed by qualified .:employees in strict conformity with the beat practices and highest applicable standards. The :.Gonhtuctor ftather agrees that upon the request of its Client, it will remove from services hereunder any of its employees Who in the opinion of the Client are guilty of improper conduct or are not qualified to perform the work assigned to then. 6. The terns, conditions and provisions of the RFP, and the Contractor's Response, are incorporated herein by reference, and the Contractor shalt comply therewith m all respects (including but not limited to the "FEMA Public Assistance Program Required Contract Clauses„ detailed in Exhibit "A" to the RFP and the "2 C.F.R. § 200.326 and 2 C.F.R. Part 200. Appendix U. Required Contract Clauses" detailed in Exhibit "B" to the RFP). In the event of any conftt between the provisions of this Agreement the RFP or Response, those provisions most beneficial to the Client shall prevail. 7. Client shall make payment to the Contractor for services rendered hereunder a oar Erdaibtt A. S. All payments will be due thirty days after Client's rooeipt of invoice. Failure by Client to make any payment when due allows Contractor to terminate this Agreement should such payment default continue after 5 business days written notice. Upon termination, Contractor will be released of any further obligations hereunder with the exception of Cantrador's lodenwiAosticn obligations as sat forth in Section 16, 9. In the event of any litigation between the parties hereto relating to or naidteg out of this Agreement, the prevailing patty shall be entitled to recover its reasonable attorney's insured in all Courts. 10. Contractor shall not be liable for any delay or failure in performance under this Agreement, resulting directly from acts of Ood, labor disputes, or war, or for any other causes beyond the reasonable control of Contractor 11. Contractor shall indemnify and hold the client harmless, including the Climes offreers, agents Ed employe, from ed against all liability, Claims, losses and Upensas, including nestle attorney's fees and cads g both uteri aced appellate loos ea>aed b lay act or omM of Uhctof of anyme directly oriadim* deployed by Contactor of anyone far *'s ads Contractor may be liable. 12. This Agreement shall be governed by the laws of the State of Florida. Exclusive va me, shall lie in Miami -Dade County, Florida for all claims arising out of or rehding to this Agreement 13. If a term, provision, covenant, contract or condition of this Agreement is held to be void, invalid, or umenforoeable, the same shall not affect any other portion of this Agreement and the remainder shall be effective as though every term, provision, coveamt, contract or condition had not been combined herein. 14. This Agreement may be signed in one or more counterparts, each of which when executed shall be deemed an original and together shall constitute one and %a same instrument. 15. This Agreement, the RFP and the Response, shall constitute 60 entire agmemoci between the parties and no other understandings or representations of any kind shill be 'bindiog on aither party to this Agreement except to the aatent incorporated in this Agredment the RFP or the Response. 16. 'This Agreement may not be modified or changed except by an instrument or instruments in writing signed by the Contractor mad Client. IN WITNESS WMREOF, the parties have caused this Agreement to be executed as of the date first above written. �� 'j Miami Shores Village Authorized Signature Az _,1. •,, ture Exhibit A fin �.., Debris Reduction of vegetative debris via grinding at the Miami Shores Village permitted temporary debris storage reduction site (TDSR). Price includes set -up, equipment mobilization and demobilization, and final load out of debris; maintenance of onsite entry and exit roads, and closure of temporary debris storage and reduction site (fDSR). Price includes maintaining dust particulates to a minimum and provide dust particulate control if needed. Per Cubic Yard S 4.50 Debris Disposal at permitted Landfill; Disposal Tipping fees will be included in the amount quoted. Per Cubic Yard S Ig.00 Per stump $ MOD Exhibit B Site Preparation Upon When to proceed, SFM will malty the nay pqMjdow to the TDM to fac!Hbte our equipment and arewe for its operations. The debris, reduction area will have the appropriate setbeoiks and � signs, mss, e�ty barriers and cation men, Wentifyio6 s fdY men, Cite prevention measures. tap Mobilization Plan Upon notice to proceed, SFM will mobilize equipment and Crewe to dw (TDM) to Miami Sham ViUage. Moblliutien will be 100°h completed within 48 boars of the notice to pmoeed. The mobilization of equipment and persomad will be based on the quantity and types of debris awassed b SFM a agreed upon by the Village representative. y nd Debris Reduction Collected debris will be reduced by 8rirwing• This involves INUMs an mdut1zis1 bob or Sunder powered by up to 1000 BP diesel engines. This gdoder will process up to 400 cubic yards of clean woody debris Par hour, reducing the volume by approximately 4 to 1. 1101e will be equipment on site loading the reduced debria into 100cy dump trailers. All Par'80wel involved in this operation, will be briefed on WRY and will be equipped with fire v tingtua w. A tfaldor with blade of a nlbbef tits loads, wig Pd-* and stock pile for "0Ib��5 re6iidof codwil SFM Ss, ak k.A baR& Mid nMkOf"ta fr d3 ilatim Water tlllchs will be Utilized to redbloe the threat of fire from all types of debris. wafer nooks wi8 also be used to dampen UMPorary roadways to SUMM dust from ttuolle amtering and leaving the dekis- swging titan. Site Matatenanoe SFM will maintain the TDM as ncco mY to sows eatery and minimim envaunrnental impact Normd maintenance will include: adding rock to coeds for stbiUzaien, modifying rod ryde ae needed, 001011mg sift fences or berm rya nam to divert rainwater and protect arses from runcff and losa of topsoil, NPleoe liras under stationary equipment, document sad reditj' any aceldents, :pals of m that occur. Additionally, ' prevention measures when SPM will sopy site acrarity and approprae fire Debris Disposal Debris reduced by grunting will be loaded and handed out of the TDSRS with the use of 100ey trailwe and deposed of in a licensed landfill. All debris eonaorsd by SVM during dialler recovery activities to Village will be disposed of in accordeeea with all appliable state, federal and local lawn, codes, standards and regaMona. Site Closeout & Restoration The TDSRS will eventually be cleared of all debris and restored to its pre - disaster condition and use. Oiu basic closeout steps are: remove all debris, stored material and unnecessary equipment from the site. Closeout and restoration is generally completed within thirty (30) days of receiving the last load of incoming debris. Hazardous Stamps Extraction and Fill Dirt All uprooted, eligible stumps on public right-Of-ways larger than 24 inches in diameter messsrued 24 inches in height above grormd inchdiog the root bell, identified as hazardous by the Village, will be removed, loaded and transpotted to the TDSRS. SFM will imepeot the stump sod messtue the diameter above the root bell. The slump mmmmemern, apeIc point of origin (OpS eoordiodas), and any notes by the DM indicating the mature of the amp heard must be added to the special stump load ticlu t for proper documentation. A photographic record far eligible hazardous stumps is pwamouot for PEMA reimbursement. SFM Services will stt dY comply with FEMA Recovery Policy • RM 23.11, Hazardous Stump Extraction and Removal Eligibility> with respects to all hazardous om p removal from approved property. Our specialized crews will typieany comiat of heavy loading egmpnreat (i.e., wheel loader, baehhoe. cane. etc.), a lowboy trailer and a dump tuck holding 611 material. Voids opeated by slump mmactions will be filled with comparable and ealtebie material, usually purchased locally. Ruts and depressions tWNW" ¢alined by contr M eql *MA and voids l by removals will be filW with MMIe m" aldreaablyct�pc O F&-