SFM ContractService Agreement
For
Miami Shores Village
(RFP 2018 -10 -02 Disaster Debris Reduction & Disposal)
This AGREEMENT made on 'Dextnber- $'w, 2012, between SFM Landscape Services, LLC, a
Florida Limited Liability Company hereafter referred to as Contractor and Miami Shores Village, a
Florida Municipal Corporation hereafter referred to as Client.
WHEREAS, in response to the Client's Request for Proposals No. 2018 -10 -02 (hereinafter the "RFP,),
the Contractor submitted its proposal for the work described in the RFP in accordance with the terms
thereof (the "Response "); and
WHEREAS, in accordance with appropriate competitive bidding procedures the Contractor was
selected, 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 value 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 & B, as and when directed by the Client.
2. All personnel furnished by the Contractor will be employees of the Contractor, 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 Workmen's Compensation Insurance for such employees. The Contractor will be
considered for all purposes an independent contractor, and will not at any time directly or
indirectly act as an agent, servant, or employee of the Client.
3, The Contractor shall provide the insurance coverage required under the RFP, including
comprehensive liability coverage and Workmen's Compensation coverage.
4. The Contractor is responsible for the direct supervision of its personnel through its designated
representative, and such representative will, in turn, be available at all reasonable times to report
and confer with the designated agents 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 best practices and highest applicable standards. The
Contractor further 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 them.
6. The terms, conditions and provisions of the RFP, and the Contractor's Response, are
incorporated herein by reference, and the Contractor shall comply therewith in all respects
(including but not limited to the "FUMA 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 conflict
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 as Per Exhibit A.
8. All payments will be due thirty days after Client's receipt 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 Contractor's Indamniftcation
obligations as set forth in Section 16,
9. In the event of any litigation between the parties hereto relating to or arising out of this
Agreement, the prevailing patty shall be entitled to recover its reasonable attorney's incurred in
all Courts.
10. Contractor shall not be liable for any delay or failure in performance under this Agreement,
resulting directly from acts of C3od, 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 Client's officers, agents
and employees, from and against all liability, claims, losses and expenses, including reasonable
attorney's fees and costs at both trial and appellate levels caused by any act or omission of
Contractor of anyone directly or indirectly employed by Contractor or anyone for who's at
Contractor may be liable,
12. This Agreement shall be governed by the laws of the State of Florida. Exclusive venue shall lie
in Miami -Dade County, Florida for all claims arising out of or relating to this Agreement.
13. If a term, provision, covenant, contract or condition of this Agreement is held to be void,
invalid, or unenforceable, the same shall not affect any other portion of this Agreement and
the remainder shall be effective as though every term, provision, covenant, contract or
condition had not been contained 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 the same instrument.
15. This Agreement, the RFP and the Response, shall constitute the entire agreement between the
parties and no other understandings or representations of any kind shall be binding on either
party to this Agreement except to the extent incorporated in this Agreement 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 and Client.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first
above written.
4
Miami Shores Village
Authorized Signature
A'Lan e ignature
ds pe Services, LLC.
Exhibit A
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 on site entry and exit roads, and closure of temporary
debris storage and reduction site (TDSR). Price includes maintaining dust particulates to a minimum and
provide dust particulate control if needed.
Per Cubic Yard $ 4.50
Debris Disposal at permitted Landfill; Disposal Tipping fees will be included in the amount quoted.
Per Cubic Yard $ is.0o
Per stump $ 690.00
Exhibit B
Site Preparation
Upon notice to proceed, SFM will make the necessary preparations to the TDSRS to facilitate our
equipment and crews for its operations. The debris reduction area will have the appropriate setbacks and
safety zones; appropriate sigos, cones, safety barriers and caution tape identifying safety zones; site
security and fine prevention measures.
Mobilization Plan
Upon notice to proceed, SFM will mobilize equipment and crews to the (TDSRS) in Miami Shores
Village. Mobilization will be 100% completed within 48 hours of the notice to proceed. The
mobilization of equipment and personnel will be based on the quantity and types of debris assessed by
SFM and agreed upon by the Village representative.
Debris Reduction
Collected debris will be reduced by grinding. This involves using an industrial tub or grinder powered
by up to 1000 I-IP diesel engines. This grinder will process up to 400 cubic yams of clean woody debris
per hour, reducing the volume by approximately 4 to
reduced debris into 100cy dump trailers. I. There will be equipment on site loading the
All personnel involved in this operation, will be briefed on safety and will be equipped with fire
extinguishers. A tractor with blade or a rubber Ore loader, will pick-up, and stock pile chips for
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SFM Servile, Inc, wig have the required number of water hocks sfationed at each debris stak site.
Water trucks Al be Utilized to reduce the threat of fire from an types of debris, Water trucks wil! also
be used to dampen temporary roadways to suppress dust from trucks entering and leaving the debris -
staging area,
Site Maintenance
SFM will maintain the TDSRS as necessary, to ensure safety and minimize environmental impact.
Normal maintenance will include: adding rock to roads for stabilization, modifying mad system as
needed, installing silt fences or berm systems to divert rainwater and protect areas from runoff and loss
Of topsoil, replace liners under stationary equipment, document and rectify any accidents, spills or
environmental mishaps that occur. Additionally, SFM will supply site security and appropriate fire
prevention measures when necessary.
Debris Disposal
Debris reduced by grinding will be loaded and hauled out of the TDSRS with the use of 100ey trailers
and disposed of in a licensed landfill. All debris collected by SFM during disaster recovery activities for
Village will be disposed of in accordance with all applicable state, federal and local laws, codes,
standards and regulations.
Site Closeout & Restoration
The TDSRS will eventually be cleared of all debris and restored to its pre4saster condition and use.
Our 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 Stumps Extraction and Fill Dirt
All uprooted, eligible stumps on public right -of- -ways larger than 24 inches in diameter measured 24
inches in height above ground including the root ball, identified as hazardous by the Village, will be
removed, loaded and transported to the TDSRS. SFM will inspect the stump and measure the diameter
above the root ball. The stump measurement, specific point of origin (GPS coordinates), and any notes
by the DM indicating the nature of the stump hazard must be added to the special stump load ticket for
proper documentation A photographic record for eligible hazardous stumps is paramount for FEMA
reimbursement. SFM Services will strictly comply with FEMA Recovery Policy - RP9S 23.11,
Hazardous Stump Extraction and Removal Eligibility, with respects to all hazardous stump removal
from approved property.
Our specialized crews will typically consist of heavy loading equipment (i.e., wheel loader, backhoe,
crane, etc.), a lowboy trailer and a dump truck holding fill material. Voids created by stump extractions
will be filled with comparable and suitable material, usually purchased locally. Ruts and depressions
inadvertentiy caused by contractor equipment and voids created by stump removals will be filled with
Suitable material alld =ably compacted 0 grade,