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PSA with Aquatic Control Group, Inc. 20lei -3o8`I oG/os/2nl9 PROFESSIONAL SERVICES AGREEMENT BETWEEN • THE CITY OF MIAMI BEACH AND AQUATIC CONTROL GROUP., INC. (SECONDARY SERVICE PROVIDER) FOR ROUTINE AND EMERGENCY WATERWAY CLEANUP AND DEBRIS REMOVAL, PURSUANT TO RFP 2019-067-WG This Professional Services Agreement (Agreement) is entered into this /( day of �� , 2019, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and AQUATIC CONTROL GROUP, INC., a FLORIDA CORPORATION, whose address is 1501 NW 37 Street, Miami, FL 33142("Contractor"). WITNESSETH WHEREAS, Pursuant to Resolution No. 2019-30842, on June 5, 2019, the Mayor and City Commission authorized the Administration to enter into negotiations with Contractor, solely, as a secondary service provider in the event the primary service provider fails to perform and is terminated; accordingly, the City and Contractor have negotiated the following Agreement. NOW THEREFORE, in consideration of the conditions herein contained, it is agreed by the parties hereto as follows: ARTICLE I SECONDARY OR"BACKUP" SERVICE PROVIDER STATUS/TERM Contractor acknowledges that, on June 5th, 2019 Commission awarded routine and emergency waterwaycleanup and debris removal services to Adventure Environmental, Inc., as its primary contractor for waterway cleanup and debris removal services. Accordingly, this Agreement is of a contingent nature only, to provide the City with the assurance that a secondary service provider will be in place, should Adventure Environmental Inc., the primary contractor, fail to perform its obligations and have itsagreement terminated by the City. As a secondary or "back up" service provider, Contractor shall have no rights to operate, manage or maintain any waterway cleanup or debris removal services under this Agreement, unless the City, by and through the City Manager, has delivered to the Contractor (1) written notice of the City's termination of its agreement with the primary contractor, Adventure Environmental, Inc., and (2) a written notice to proceed to mobilize the waterway and debris removal services contemplated under this Agreement for the remainder of the Term (collectively, (1.)and (2)above shall be referred to as the "Conditions Precedent"). Unless the Conditions Precedent have been satisfied, this Agreement grants no rights to the Contractor whatsoever, and Contractor shall have no entitlement, or obligation, to provide and waterway cleanup and debris removal services whatsoever under this Agreement. 1 SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Contractor, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to serve as the Project Manager and administer this Agreement on behalf of the City. The City Manager's designee shall be the Environment & Sustainability Department Assistant Director. Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Contractor performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Contractor as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach RFP No. 2019-067- , WG for Routine and Emergency Waterway Cleanup and Debris Removal, together with all amendments thereto, issued by the City in contemplation of this Agreement, RFP, and the Contractor's proposal in response thereto ("Proposal"), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFP; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number(305) 673-7023. 2 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide the work and services described in the Proposal Documents and Exhibit "A" hereto (the "Services"). All Service's provided by the Contractor shall be performed in accordance with the terms and conditions set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed, Contractor should contact the following person: Margarita Kruyff, Assistant Director Environment & Sustainability Department 1700 Convention Center Drive —4th Floor, Miami Beach, FL 33139 Tel: 305-673-7010 2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit"A" hereto. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto, and shall have an initial term of two (2) Years, with three (3) one-year renewal options, to be exercised upon mutual consent of the City and the Contractor, by providing Contractor with written notice of same no less than thirty (30) days prior to the expiration of the initial term. Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit"A" hereto. SECTION 4 FEE 4.1 FEE SCHEDULE In consideration of the Services to be provided, Contractor shall be compensated as set forth in Fee Schedule referenced in,Exhibit "A." (Payable only, if selected to act as Primary Contractor) 4.2 (NOT USED) 4.3 (NOT USED) • 3 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). The Contractor shall submit to the City at the following address, monthly invoices by the tenth (10) calendar day of each month. The invoices shall be submitted to the City's Project Manager for approval with a copy of the corresponding bi-monthly reports attached. Invoices received. without the required information will not be processed until proper documentation is received. Margarita Kruyff, Assistant Director Environment & Sustainability Department 1700 Convention Center Drive—4th Floor, Miami Beach, FL 33139 Tel: 305-673-7010 SECTION 5 - TERMINATION 5.1 TERMINATION FOR CAUSE If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Contractor of its violation of the particular term(s) of this Agreement, and shall grant Contractor ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Contractor. Upon termination, the City shall be fully discharged from any,and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Contractor. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONTRACTOR, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE 4 ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs,forpersonal, economic or bodily injury, wrongful death, loss pf or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or\other wrongful conduct of the Contractor, its officers, employ9es, agents, contractors, or any other person or entity acting under Contractor's control or supervision, in connection with, related to, or as a result of the Contractor's performance of the Services pursuant to this Agreement. To that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Contractor shall in no way limit the Contractor's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS (Required only, if selected to act as Primary Contractor) The Contractor shall maintain and carry in full force during the Term, the following insurance: 1. Longshore and Harbor Workers Compensation, Jones Act Coverage and/or Workers Compensation insurance as required by law. 2. Protection & Indemnity coverage to include bodily injury and property damage The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as 5 to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Contractor's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. Original certificates of insurancemust be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Contractor specimen copies of the insurance policies in the event that submitted certificates -of insurance are inadequate to ascertain compliance with required coverage. The Contractor is also solely responsible for obtaining and submitting all insurance certificates for any sub-contractors. Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and obligations under this Section or under any other portion of this Agreement. The Contractor shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement'of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Contractor and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION,8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. • Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. 6 Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the work and/or service contemplated herein, Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and/or services, Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Contractor, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Contractor or its employees or sub-contractors, without the prior written consent of the City Manager. 5 ' SECTION 10 GENERAL PROVISIONS 1011 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Contractor, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Contractor shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 7 • 10.2 ASSIGNMENT, TRANSFER OR SUBCONSULTING Contractor shall not subcontract, assign, or transfer all or any portion pf any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved),shall be void. 10.3 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.4 NO DISCRIMINATION • In connection with the performance of the Services, the Contractor shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.5 CONFLICT OF INTEREST Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the. Miami-Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. • Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Contractor further covenants that in the performance of this Agreement, Contractor shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shallbe admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.6 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Contractor shall comply with Florida Public Records law under Chapter, 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12),-which means all documents, papers, letters, maps, books, tapes, photographs, films, sound 8 recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City 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, Florida,Statutes 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 Agreement if the Contractor does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, 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 Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Contractor of the request, and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Contractor's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: ,(1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3) avail itself of any available remedies at law or in equity. (3) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Contractor to compel production of public records relating to the City's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the City and to the Contractor. 9 (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Contractor at the Contractor's address listed on its contract with the City or to the Contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOMIAMIBEACHFL.GOV PHONE: 305-673-7411 SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: Aquatic Control Group, Inc. 1501 NW 37 street, Miami, FL 33142 Tel: (305) 546-4423 _ aquaticplantmgt(a�gmail.com TO CITY: Margarita Kruyff, Assistant Director Environment &Sustainability Department 1700 Convention Center Drive,4th Floor, Miami Beach, FL 33139 Tel: 305-673-7010 Margaritakruyff(a�miamibeachfl.gov Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be 10 sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an•acknowledged receipt, or, in all other cases, on the date of receipt or refusal. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 WAIVER OF BREACH. A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of'this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 ENTIRETY OF AGREEMENT The City and Contractor agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters,contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: . , B � _ Y City Clerk ayor Date: °47 i ctt 2.cs0 q FOR CONTRACTOR: AQUATIC CONTROL GROUP, INC. ATTEST: By: �:�PP' ilkg________ _____ 0 C , ---I ii1----(L - - A\-- Ounocias --------- - -- ---- ----- -- Print ame and Title Print Name and Tit r UAe0-1, 0- tJen- Date: a l OC 11 q APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 1124_j \---- it Zi 9\ 4\ .---..,. .\--s.I,, City Attorney Date INCORPt°RATED'* VC�� 444H 26 12 Exhibit "A" the "Services". Routine Services. Routine services are defined as regularly scheduled services necessary to maintain clean waterways and shall be based on a regular monthly basis in compliance with the requirements. established herein.Additional day(s)or spot run(s) may be required from time to time. Emergency Services. Emergency Services are defined as work that is required in response to a natural or other disaster and shall be based on an as needed basis (daily rate) plus a fee for the collection and disposal of vegetative and other debris. Other debris may include construction & demolition (C & D), as defined by FEMA, that results from storm or disaster damage, as well as any other debris not classified as vegetative debris. Performance Standards. The Contractor shall provide all equipment and required resources necessary to meet the City's standards and criteria based on the "Cleanliness Index", included herein as Exhibit B. Contractor shall provide both the removal of surface and submerged debris within the waterways, and shall be required to maintain an average assessment score of 2.0 or better for litter for each quarter. Index assessments are conducted regularly to score these areas based on contributing factors. For waterways, scores are based on the cleanliness of the waterway and shoreline as well as presence of organic material. The departments responsible for managing each public area use the data generated by this program to determine what factors affect the cleanliness of an area and to direct cleanliness efforts where they are most needed. City departments review Cleanliness Index data on a quarterly basis, comparing it to the previous quarter and to the same quarter in previous years, to determine contract compliance and make program adjustments where appropriate. Waste Disposal. The Contractor shall be responsible for the proper disposal of all litter and debris that is collected in accordance with all City, State, County and Federal regulations. The Contractor shall provide the City with waste disposal (per cubic yard) receipts on a monthly basis with the invoices and monthly reports. Reports. Bi-Monthly reports and disposal manifests shall be submitted to the City Administration. Each report shall include maps depicting Global Positioning System (GPS) locations serviced along with timestamps indicating the start and end time. Reports shall be completed using a designated report form and procedure provided by City staff. The report shall detail: general area of service addressed, each date of service, the total weight of debris removed for each, the location(s)serviced with GPS location and time stamps, a list of large and notable items removed, and pictures of large and notable items. The debris weight must match the disposal tickets from a landfill. In addition, email communication is expected to provide the City with information on the following: areas that should be dredged to improve navigation, dilapidated docks and seawalls (both public and private), large marine debris and abandoned vessels observed, and any other relevant information to improve the health of the City's waterways. Uniforms. Contractor's employees will be attired in uniform with the name of the Contractor on the uniform. Safety Measures. Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of Contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Contractor shall use only equipment that is fully operational and in safe operating order. Successful Bidder shall be especially careful when servicing 13 property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. Contractor Responsibilities. The Contractor shall be responsible for providing labor, supervision, insurance, machinery and equipment, trucks and any other tools, equipment, accessories, and things necessary to meet the City's cleanliness standards and criteria in order to maintain an average assessment score of 2.0 (for Group 1 work)or better for litter for each quarter as set forth herein. Manatee Alert. The Contractor is alerted that manatees could be present in the canals. The Contractor shall protect the manatee. Specifically, operation shall be stopped when manatee is within one hundred fifty feet(150') of the work site. Contractor's Damages. Protection of Adjacent Property and Utilities: The Contractor shall perform the work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any,damage caused by its operations. The Contractor shall be cognizant of all utilities and shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional cost to the City any breakage or damage caused by its operation. The Contractor shall review and abide by Florida State Statute Chapter 556, Underground Facility Damage Prevention and Safety, while performing the services listed in and related to this solicitation. It shall be the Successful Bidder's responsibility to preserve the existing condition of the waterways and surroundings, including but not limited to natural vegetation such as sea grasses and mangroves, bank of the waterways, bulkheads and seawalls, concrete sidewalk, curb, and/or gutter and pavement. Any damage done to the pavement or concrete due to the Successful Bidder's failure to comply with the requirements of this Contract, or failure to exercise responsible care in the performance of the work, shall be repaired at the Successful Bidder's expense. Any damages to the plants such as sea grasses and mangroves shall be mitigated to the Department of Environmental Resource Management's (DERM) and City's satisfaction, by the Contractor and at the Successful Bidder's expense. The Contractor shall use shallow draft boats, vessels or other equipment to collect debris in shallow areas. The minimum depth of water for operation in water should be at least one (1)foot. In case of water depth less than one (1) foot, the Contractor shall use appropriate equipment to collect the debris from land. For shallow areas, the clean-up work shall be restricted to high tide period in order to protect the soil and(vegetation. Performance Control. The Contractor's performance of this Contract shall be assessed by City staff. The Contractor must maintain an average assessment score of 2.0 or better for litter for each quarter. If at any time during the life of the Contract, performance is considered unsatisfactory (an average assessment less than 2.0 for litter), the City Manager or his designee, shall inform the Contractor of the deficiency in work. Should the Contractor fail to maintain an average assessment score of 2.0 or better for litter for each quarter, a warning notice will be given to the Contractor. Contractor will only be allowed one warning notice per contract period. During the lifetime of the contract, the Contractor will pay the City a sum of $500 for the second notice, $750 for the third, and $1,000 for the fourth notice of non-compliance. After the fourth notice, the City may, at its discretion, elect to terminate the contract for repeated non- compliance. Assessment Areas and Frequencies. City departments have reviewed and agreed to use the cleanliness index to conduct assessments internally and be scored on a regular basis. The frequency of assessments is based on a statistically valid sample facilitated by the Office of Organization Development Performance Initiative (ODPI) on an annual basis. 14 y / The areas to be assessed and the frequency of the assessments are specific to each of the public areas. cPublic areas are currently assessed at different times of the day and\at different days of the week. Rates/Fees.The rates quoted shall be inclusive for full compensation of labor, equipment use, travel time, fuel, and any other cost to the bidder for providing waterway maintenance services for North Beach (approximately 1,492 acres) and South Beach (approximately 1,440 acres) as subdivided in Exhibit C, Waterways Area Map. Monthly rates are specified as follows. Additional Day or Spot Runs are at the City's discretion. Monthly Service Rate - Monthly rate includes a minimum of three (3) service days per week for all waterways which is inclusive of North and South Beach. Refer to Schedule and Frequency, respectively, for the City's intended frequency and schedule for all waterways. Additional Day Rate- Daily rate for services is to be provided outside of normal scheduled operations, of more than four (4) hours at the request of the City, which may include shoreline maintenance. Services • provided must be previously authorized in writing by the Project Manager. Spot Run Flat Fee-Spot run flat fee is for service provided to waterways at the request of the City, of no more than four (4) hours, on days where waterways have already been serviced. Services provided must be previously authorized in writing by the Project Manager. ;"47.. 47.. I . '114LI 6. Item Description Unit Cost 1.1 Monthly Service Rate for Waterway Maintenance-North* $6,800.00 Monthly 1.2 Additional Day Rate* $850.00 Daily 1.3 Spot Run Flat Fee* $400.00 Run 1.4 Monthly Service Rate for Waterway Maintenance-South* $6,800 Monthly 1.5 Additional Day Rate* $850.00 Daily 1.6_ Spot Run Flat Fee* $400.00 Run -0 -Ile;/ Item Description Unit Cost 2.1 Emergency Response Daily Rate $2,500.00 Daily 2.2 Collection and Disposal of Vegetative Debris $52.00 Cubic Yard 2.3 Collection and Disposal of Other Debris $49.00 Cubic Yard Schedule. Group 1 waterway maintenance services must be performed between the hours of 8:00 AM to 5:00 PM, Monday through Friday, and no less than three (3) service days per week. GPS maps with route and timestamps indicating start and end time for service provided shall adhere to the schedule. Group 2 schedules will be mutually agreed upon at the time of need. In the event of non-compliance with the agreed upon contract schedule, resulting from adverse environmental conditions, mechanical breakdown, or other unavoidable circumstances, the Contractor shall be required to notify the Environment and Sustainability Department Project Manager by phone or email immediately. Any variance to the schedule must be authorized by the Project Manager in writing prior to the requested change. 15 Frequency for Group 1. Unless otherwise specified by the City, within a 24 hour notice, the frequency for service to both North and South waterways shall be on an alternating basis as follows: Week Monday Wednesday Friday 1 North South North 2 South North South 3 North South North 4 South North South Any variance to the frequency of service must be authorized by the Project Manager in writing prior to the change. EMERGENCY SERVICES (GROUP 2). On occasions, the City may request additional work which may include a disaster, such as a hurricane response. The City reserves the right to exercise its discretion in making the determination as to what time the contract will be activated. ALL WORK SHALL BE COMPLETED IN ACCORDANCE WITH FEMA REGULATIONS AND APPLICABLE-ENVIRONMENTAL REQUIREMENTS. All emergency work shall be in compliance with FEMA Policy 9523.5 — Debris Removal from Waterways. Upon notification by the City of Miami Beach, the contractor will provide immediate emergency response to remove obstructions impeding water flow, movement, and navigation. This will generally take place within 72 hours after a severe weather event. • The first response work will focus on clearing blockages of water flow and navigational hazards. The objective is to remove waterway debris within the first seven (7) days in the aftermath of a disaster. The contractor will be responsible for the disposal of the waterway debris. All obstructions to navigation and/or flow shall be removed by methods including, but not limited to, sawing, cabling, winching, lifting or dragging. Removal of all trees, branches, or other hazards that are leaning into and obstructing the waterway or areas above the waterway. This includes the removal of trees on public property that are in danger of falling over as instructed by City staff. The City may request additional work subject to mutual agreement. The cost and expenses will be submitted to the City for approval in a cost proposal by the Contractor. 16 EXHIBIT B CLEANLINESS INDEX 17 _^ - '.... �; � ,Sae 'ti?:,; °' g' ate" 1,7 i�gg �� G 'a.. $ .+n}:4 7 d° • Issue. ry se 1 ;� b "� 14,0,41;1%,..,:-ry'.t i� '-� � � &�,. � � ff '� � Q ,.a�� ' 4 .A�,� ko No litter and/or debris floating on or in the water and up to the high tide watermark.No signs of • No or isolated instances of small fresh organic material. Extremely floating liquid. • No large organic material,such as tree limbs or palm fronds in'the water and up to • No extra-large pieces of litter,such as tires,grocery carts,etc. the high tide watermark. Clean • No smell is being emitted. • Isolated pieces of litter floating on or in the entire area of water and up to the high tide watermark. • Less than 10%of about a 20 sq.foot area of water and up to the high tide No signs of floating liquid. watermark is covered by organic material,but occurring in no more than 10%of the 2 • No extra-large pieces of litter,such as tires,grocery carts,etc. entire water area. If occurring in more than 10%of the entire water area up to • Clean • No smell is being emitted. the high tide watermark,then add 1 point. • No large organic material,such as tree limbs or palm fronds in the water and up to the high tide watermark. • Small amount of litter including floating liquids,such as oil.This includes litter floating on the ■ Between 10%-30%of about a 20 sq.foot area of water and up to the high tide water or in the water and up to the high tide watermark.More than two pieces of litter and less than watermark is covered by organic material,but occurring in no more than 10%of 5%of about a 20 sq.foot area of water up to the high tide watermark are covered by the litter,but the entire water area. If occurring in more than 10%of the entire water area up to occurring in no more than 10%of the entire water area up to the high tide watermark being assessed. the high tide watermark,then add 1 point. • If the litter density is occurring between 10.25%of the water area up to the high tide watermark, • Between 1 and 3 pieces of large organic material,such as tree limbs or palm Somewhat ,d. then add 1 point from the rating scale. fronds in the water and up to the high tide watermark. Clean • If the litter density is occurring more than 25%of the water area up to the high tide watermark,then add 2 points from the rating scale. • No extra-large pieces of litter,such as tires,grocery carts,etc. • No smell is being emitted. ■ Small to moderate amounts of litter,including floating liquids,such as oil.This includes the litter ■ Between 30%-50%of about a 20 sq,foot area of water and up to the high tide floating on the water or in the water and up to the high tide watermark.Between 5%and 10%of - watermark is covered by organic material,but occurring in no more than 10%of about a 20 sq.foot area of water up to the high tide watermark is covered by litter,but occurring in the entire water area up to the high tide watermark. If occurring in more than 10% .4 no more than 10%of the entire water area being assessed. of the entire water up to the high tide watermark,then add 1 point. Somewilet • If the litter density is occurring between 10-25%of the water area up to the high tide watermark,then • Between 4 and 10 pieces of large organic material,such as tree limbs or palm add 1 point to the rating scale. fronds in the water and up to the high tide watermark. Dirty ■ If the litter density is occurring more than 25%of the water area up to the high tide watermark,then add 2 points from the rating scale. • No extra-large pieces of litter,such as tires,grocery carts,etc. • Slight unnatural or foul smell is being emitted. • Consistent accumulation of trash including floating liquids such as oil.This includes litter floating • Over 50%of about a 20 sq.foot area of water and up to the high tide watermark-are on the water or in the water and up to high tide watermark.Between 10%and 25%of about 20 sq. covered by organic material,but occurring in no more than 10%of the entire foot area of water up to the high tide watermark is covered by litter,but occurring in no more than water area up to the high tide watermark. If occurring in more than 10%of the 5 10%of the entire water area up to the high tide watermark being assessed. entire water area up to the high tide watermark,then add 1 point. Dirty • If the litter density is occurring between 10-25%of the water area up to the high tide watermark,then ■ Over 10 pieces of large organic material,such as tree limbs or palm fronds in the add 1 point to the rating scale. water and up to the high tide watermark. • One extra-large piece'of litter,such as a tire,a grocery cart,etc. • Strong unnatural or foul smell is being emitted. • Large accumulation of litter and trash including floating liquids,such as oil.Over 25%of about a • 90.100%of about 20 sq.foot area of the water and up to the high tide watermark is 20 sq.foot area of water up to the high tide watermark are covered by litter.This includes litter floating covered by organic material. on the water or in the water and up to the high tide watermark.There may be evidence of illegal � .xtremB1y dumping. Otrty::y • Two or more extra-large pieces of litter,such as tires,grocery carts,etc. - -= $,`„• • Very strong unnatural or foul smell is being emitted. - 18 EXHIBIT C WATERWAYS AREA MAP 19 c Z cla tis as b �`• "q .` '1/, .r ;-„/,,,,,,,;:,,,,:',1;-.N,',"',';'''',"' 'f a " s ,e s 4 adz' ,,4,-ia,..:'-,'-:-;:,,,,,„'"il-,, ,",.,- ,i,41%;T,r-,-,,P2 Vi..4, a 5 ,%,,,,,,a,..!'(•,,, ll a .11 «y � ., , a ,2,-,-ix,- Y � s a`� x"�' x ,r8,:-PP,-<'%,14 . � � �. , ...,,,./.1:,,,-. ,,,-, - -., , 7:: ...".":4;.r.,:s.s,',.!.::::.e...1...-!, , „tA ,,.‘. ‘7,4„,t,i,:--4,,,,,o,il„)*(#.*,'Y:,!<,,,,•:', vi • - ' *r..,t,,... li:,,#,, ,,,,,y,„....,,,,f, . .,._, ....,,.. ,..,. - ,., 4•0 O CO f kra ppyy fes $ E, 4 P" n 9 . Miami Beach Water rays (North) t �; �" 177 n , a t $`*a° .A_ ,n, €: r a #n 0, 4t ... ... fit , I _ - s + 1 a. A Legend ��. North . 21 is Beach Waterways (South) ' . w d ' � a y a°am III . , . . ..... . , ... , , , , . , , . Legend ..:,...,,,,...,,,,,,,z..:'1''''''''''''' te; v ' .. �� South — ... ri 1 1 22 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Resolutions-C7 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: June 5, 2019 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2019-067-WG, ROUTINE AND EMERGENCY WATERWAY CLEANUP AND DEBRIS REMOVAL. RECOMMENDATION Adopt the Resolution accepting the recommendation of the City Manager that the Mayor and City Commission approve the Resolution authorizing the Administration to enter into negotiations with Adventure Environmental, Inc.,as the primary contractor,and Aquatic Control Group, Inc., as the secondary contractor; and authorizing the Mayor and City Clerk to execute the final negotiated agreements; and further, in order to avoid interruption of waterway cleanup services, approving the extension of the existing agreement with Adventure Environmental Inc.,for waterway cleanup services,on a month-to-month basis, until such time as the new agreements can be executed. ANALYSIS Miami Beach is surrounded by over 60 miles of waterways that provide environmental, economic and recreational benefits and are one of the City's most valuable resources.These waterways,which include Biscayne Bay, Indian Creek and Collins Canal,are highly visible from abutting residential,commercial and recreational properties,as well as roadways.The cleanliness of the waterways is vital to improving water quality, protecting aquatic habitat, and maintaining quality of life.As such,the City requires waterway maintenance services for the removal of submerged,floating and shoreline debris to maintain a certain level of cleanliness. On November 14, 2014, the Mayor and City Commission approved the award of Invitation to Bid No. 61-11/12, for Waterway Resource Maintenance(the"Agreement"),to Adventure Environmental,Inc.("Contractor"). Prior to expiration of Agreement, the Administration released Invitation to Bid (ITB) 2018-029-ZD, with a bid opening date of February 5,2018 to establish a replacement contract. On June 6, 2018 the Mayor and City Commission, approved Resolution No. 2018-30324, authorizing rejection of bids received pursuant to Invitation to Bid (ITB) 2018-029-ZD; authorizing the reissuance of a subsequent RFP; and further authorizing the extension of the current agreement with Adventure Environmental, Inc.,the incumbent vendor,for a term not to exceed one(1)year or until such time as a new contract can be awarded. The current Agreement is scheduled to expire June 6,2019. RFP PROCESS On February 12, 2019, RFP 2019-067-WG for Routine and Emergency Waterways Cleanup and Debris Removal was issued. A voluntary pre-proposal conference to provide information to proposers submitting a response was held on February 22,2019. Three addenda were issued. The Procurement Department issued bid notices to 351 companies utilizing www.publicpurchase.com website.69 prospective bidders accessed the advertised solicitation. RFP responses were due and received on April 12,2019. The City received proposals in response to the RFP from the following seven(7)firms: Aquatic Control Group, Inc., Superior Landscaping and Lawn Service, Inc., Adventure Environmental Inc., DRC Emergency Services, LLC,Neat Sand Inc.DBA Neat Aqua,Kearns Construction Company and 4OCEAN,LLC. The Evaluation Committee appointed by the City Manager pursuant to LTC No. 171-2019 convened on May 9, 2019, to consider proposals received. The Committee was comprised of Sabrina Baglieri, Senior Capital Projects Coordinator, Capital Improvement Projects, City of Miami Beach, Christian De La Iglesia, Marine Authority Board, Rudolfo De La Torre, Operations Director, Public Works Department, City of Miami Beach, Jose Del Risco,Assistant Director, Parks Department, City of Miami Beach and Stanley Kolosovskiy, Environmental Specialist, Environment and Sustainability Department, City of Miami Beach. The Committee was provided an overview of the project,information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP. The evaluation process resulted in the ranking of proposers indicated in Attachment A,in the following order: 1.Adventure Environmental Inc. 1.Aquatic Control Group, Inc. 3.Neat Sand Inc. DBA Neat Aqua 4.Keams Construction Company 5.40CEAN,LLC. 6.Superior Landscaping and Lawn Service, Inc., 7.DRC Emergency Services,LLC, Adventure Environmental Inc AEI was founded in July 1997 as a State of Florida Corporation and has been under continuous operation by the same management team that stands today. For the past twenty years AEI has successfully completed hundreds of marine environmental projects from Key West to Orlando and all points in between for many local, state and federal clients.AEI has built a fleet of custom designed equipment and has the qualified personnel to mobilize and perform water way clean up and debris removal services. Adventure Environmental, Inc. (AEI)has successfully provided waterway cleanup services for the City of Miami Beach since 2012. They operate with the specific purpose of positively influencing the marine waters surrounding our community. Aquatic Control Group.Inc Aquatic Control Group (ACG) specializes in aquatic maintenance of canals and water ways throughout Miami Dade County and Florida. They are committed to a strong social responsibility by providing ECO friendly solutions to the community. Their fleet of boats collect floating debris and clean out clogged culverts along the waterways creating waterflow. Their company uses state of the art equipment which allows them to have a smaller footprint on the environment. They are trained and in compliance with all state and federal rules and regulations in Water Marine Work and fully subscribe to the protection of threatened and endangered sea creatures. CONCLUSION This month,the 2019 City of Miami Beach Resident Survey results were released. One of the areas rated by residents in the survey is the cleanliness of canals/waterways.According to the overall results,49%of residents rated the cleanliness of canals/waterways as "Excellent"or"Good". However, 19%rated their cleanliness as"Poor".Additionally,while the overall"Excellent"or"Good"ratings for cleanliness of canals/waterways improved this year(49%)as compared to the 2016 survey(40%), satisfaction in this area remains lower than in 2009(61%),2012(57%),and 2014(53%). The City retained Adventure Environmental, Inc. in November 2012 to perform waterway resources maintenance services two times per week. The initial term of the contract lasted for two years and allowed three additional one year extensions. The contract was further extended while the city competitively bids and executes a new contract. This means Adventure Environmental Inc. has been responsible for canal/waterway cleanliness in Miami Beach from the end of 2012 to present, which corresponds to the evaluation period for the resident surveys conducted in 2014,2016,and 2019. The waterway resources maintenance contract uses the Miami Beach Public Area Cleanliness Index to evaluate the contractor's performance. The cleanliness index is an objective measurement of performance used to monitor the impacts of recently implemented initiatives to target areas for future improves and assure the quality of a wide range of services across the city. Cleanliness index scores range from 1.0 (Very Clean)to 6.0 (Very Dirty)and include assessments of different types of debris. The waterway resources maintenance contract requires Adventure Environmental, Inc.to maintain a score of 2 or lower on the cleanliness index for litter.An analysis of cleanliness index data shows a downward trend in the cleanliness index scores above 2,signifying an improvement of service over the last four years.Additionally,the average cleanliness index score per year in 2018 was lower than in the three previous years. The City strives to constantly improve the cleanliness of its canals and waterways and has enhanced the waterway resources maintenance program since 2012. One key enhancement was to increase the frequency of service from one time per week in the previous contract(ending in 2012),to two times per week in Adventure Environmental, Inc.'s initial contract,to adding a third day of service in 2016. Each month,Adventure Environmental, Inc. is required to provide logs with the dates,the areas visited,and the total pounds of debris removed per date of service with photograph back-up. Before approving invoices,staff reviews the monthly logs to ensure the contractor is meeting the provisions of their contract and responding in a timely manner to resident requests. Staff also tracks the total pounds of debris removed.While the amount of debris in our waterways varies with the seasons and tides,Adventure Environmental, Inc.has removed approximately 100,000 pounds of debris per year on average. The City also made changes in the RFP language for the replacement contract based on lessons learned with the current contract to further improve cleanliness. For example,the RFP calls for GPS tracking of the waterway cleaning vessel to allow staff to track what areas have been cleaned and better understand where there are"hotspots"that trap higher than normal rates of debris.Additionally, the new contract requires that all resident requests be handled no later than the next business day to ensure better customer service and quicker clean-up turnaround times.Finally,the new contract will begin its initial term with three days of service. Regarding the proposals received pursuant to the RFP, I note that the Evaluation Committee process has resulted in a tie for top- rnnleinn hohnuoon Arlvonti Ira Rnvirnnmontol Inn and Ani tafin enntrnl frni in Rnth firma onnaar fn ho ni inlifiorl fn ho el innoeefi ii in tho execution of the work required.Adventure Environmental is the City's incumbent. In attempting to solve the issue of the tie between the two firms, I find the following differences between the two proposals. First, I find Adventure Environmental's experience to be exceptional. The firm has performed similar(routine and emergency response) projects that are significantly larger than the City's current scope, including a major contract with the South Florida Water Management District with a value of 35 million and a contract with Orange County with a value of nearly 3 million for emergency response services, as well as already having experience performing routine services along the City's waterways as the current incumbent. I find that its experience relating to emergency response services is particularly valuable to the City should it face these needs in the future. As such, I find that Adventure Environmental has demonstrated a level of experience in both routine and emergency response that is unparalleled. While Aquatic Control Group also appears to have performed work in response to Hurricane Irma,it appears to have done so as a sub-contractor to another firm.Also,the routine services that Aquatic Control has performed appear to be in areas that are further inland than the City's waterways. Second, the RFP required bidders to provide a price for routine service and another price for emergency response services.The RFP was clear that the City would consider the total cost for both routine and emergency service in the analysis of bids received. In doing so, while I find that Aquatic Control Group submitted a slightly lower cost proposal for routine services and Adventure Environmental submitted a slightly lower cost proposal for emergency response services,Adventure Environmental did submit the lowest overall cost proposal when both services are considered as is stipulated in the RFP. Finally, Adventure Environmental,being the City's incumbent contractor,has worked well with staff to improve the results and the residents perception of the cleanliness of the City's waterways over the last few years. Staff reports that Adventure Environmental is very responsive to resolving any issues that staff reports. Given that Adventure Environmental's prior experience in routine and emergency services and that it has worked well with staff to increase resident satisfaction with the cleanliness of the waterways, I believe it is prudent to continue to retain the services of Adventure Environmental,especially since the cost differential between the two top-ranked vendors is minimal. Further, staff contemplated the possibility of splitting the work between the two tied bidders to solve the tie issue. However, it is important to note that during the industry review meeting that the Administration held prior to releasing the subject RFP,the matter of splitting a future contract among more than one contractor was discussed. It seemed to be the consensus of the industry at that time that splitting the work would result in a situation where it would be difficult for contractors to be able to support the cost of the equipment and resources that must be dedicated to this contract if the contract was to be split among more than one contractor. Therefore, after reviewing all the submissions and the results of the evaluation process, I recommend that the Mayor and City Commission approve the Resolution authorizing the Administration to enter into negotiations with Adventure Environmental, Inc., as the primary contractor, and Aquatic Control Group, Inc., as the secondary contractor; and authorizing the Mayor and City Clerk to execute the final negotiated agreements; and further, in order to avoid interruption of waterway cleanup services, approving the extension of the existing agreement with Adventure Environmental Inc., for waterway cleanup services, on a month-to-month basis, until such time as the new agreements can be executed. KEY INTENDED OUTCOMES SUPPORTED Improve Cleanliness,City Beaches Legislative Tracking Environment and Sustainability/Procurement ATTACHMENTS: Description ❑ Attachment A ❑ Resolution Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS NO. 2019-067-WG, FOR ROUTINE AND EMERGENCY WATERWAY CLEANUP AND DEBRIS REMOVAL; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ADVENTURE ENVIRONMENTAL, INC., TO SERVE AS THE PRIMARY CONTRACTOR, AND AQUATIC CONTROL GROUP, INC., TO SERVE AS THE SECONDARY CONTRACTOR; FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EACH OF THE FOREGOING PROPOSERS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION; AND FURTHER, AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING AGREEMENT WITH ADVENTURE ENVIRONMENTAL, INC., ON A MONTH-TO-MONTH BASIS, UNTIL SUCH TIME AS THE NEW AGREEMENTS ARE EXECUTED. WHEREAS, on November 14, 2014, the Mayor and City Commission approved the award of Invitation to Bid No. 61-11/12, for Waterway Resource Maintenance (the "Agreement"), to Adventure Environmental, Inc. ("Contractor"); and WHEREAS, on June 6, 2018 the Mayor and City Commission, approved Resolution No. 2018- 30324, authorizing the issuance of a replacement RFP; and further authorizing the extension of the current agreement with Adventure Environmental, Inc., the incumbent vendor, for a term not to exceed one (1) year or until such time as a new contract can be awarded; and WHEREAS, on February 12, 2019, RFP 2019-067-WG for Routine and Emergency Waterways Cleanup and Debris Removal was issued; and WHEREAS, on March 29, 2019, pursuant to LTC No. 171-2019, the City Manager appointed an Evaluation Committee ("Committee"), comprised of Sabrina Baglieri, Senior Capital Projects Coordinator, Capital Improvement Projects, City of Miami Beach, Christian De La lglesia, Marine Authority Board, Rudolfo De La Torre, Operations Director, Public Works Department, City of Miami Beach, Jose Del Risco, Assistant Director, Parks Department, City of Miami Beach and Stanley Kolosovskiy, Environmental Specialist, Environment and Sustainability Department, City of Miami Beach; and WHEREAS, on April 12, 2019, the City received a total of seven (7) proposals from the following firms: Aquatic Control Group, Inc., Superior Landscaping and Lawn Service, Inc., Adventure Environmental Inc., DRC Emergency Services, LLC, Neat Sand, Inc. DBA Neat Aqua, Kearns Construction Company and 4OCEAN, LLC; and WHEREAS, the Committee convened on May 9, 2019, to consider the proposals received; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, as well as, general information on the scope of services and a copy of each proposal, and was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP; and WHEREAS, the Committee's evaluation process resulted in the following order of ranking: 1st Adventure Environmental Inc.; 1st Aquatic Control Group, Inc.; 3rd Neat Sand Inc. DBA Neat Aqua; 4th Kearns Construction Company; 5th 40CEAN, LLC.; 6th Superior Landscaping and Lawn Service, Inc.; 7th DRC Emergency Services, LLC; and WHEREAS, upon considering both qualitative and quantitative factors, the City Manager recommends that the Mayor and City Commission authorize the Administration to enter into negotiations with Adventure Environmental, Inc., as the primary contractor, and Aquatic Control Group, Inc., as the secondary contractor; and WHEREAS, in order to avoid interruption of waterway cleanup services, the City Manager also recommends the extension of the existing agreement with Adventure Environmental Inc., for waterway cleanup services, on a month-to-month basis, until such time as the new agreements can be executed. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Proposals (RFP) No. 2019-067-WG for Routine and Emergency Waterway Cleanup and Debris Removal; authorize the Administration to enter into negotiations with Adventure Environmental, Inc., to serve as the primary contractor, and Aquatic Control Group, Inc., to serve as the secondary contractor; further, authorize the Mayor and City Clerk to execute an agreement with each of the foregoing proposers upon conclusion of successful negotiations by the Administration; and further, authorize the month-to-month extension of the current agreement with Adventure Environmental, Inc., until such time as the new agreements are executed. PASSED AND ADOPTED this day of 2019. Dan Gelber, Mayor ATTEST: Rafael E. Granado, City Clerk APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION City Attorneyalp( Date RFP 2019.067.WG ROUTINE AND EMERGENCY WATERWAY CLEANUP AND Sabrina Baglieri g Christian De La Iglesia c_ _ Rudolfo De La Torre c Jose Del Risco Stanley Kolosovskiy cLow 2' DEBRIS REMOVALS Aggregate c rc K rc C Totals rc Qualitative Quantitative Subtotal Qualitative Quantitative Subtotal Qualitative Quantitative Subtotal Qualitative Quantitative Subtotal Qualitative Quantitative Subtotal Adventure Environmental Inc. 78 20 98 1 75 20 95 2 80 20 100 1 80 20 100 1 78 20 98 2 7 1 Aquatic Control Group Inc. 79 19 98 1 77 19 96 1 75 19 94 2 75 19 _ 94 2 80 19 99 1 7 1 4Ocean,LLC 70 12 _ 82 8 _ 70 12 82 _ 4 60 12 72 4_ 55 _ 12 67 5 58 12 70 4 23 6 DRC Emergency Services,LLC 72 1 73 7 77 1 78 _ 7 70 1 71 5 45 1 _ 46 7 45 1 46 7 33 7 Keams Construction Company 65 19 84 5 78 19 95 _ 2 65 19 84 3 40 19 59 6 28 19 47 6 22 4 Neat Sand DBA Neat Aqua 76 9 85 3 72 9 81 5 55 9 84 6 65 _ 9 74 3 72 9 81 3 20 3 Superior Landscaping and Lawn Service,Inc. 74 11 85 3 70 11 81 • 5 50 _ 11 61 7 80 11 71 4 45 11 56 5 24 6 Quantitative Points Veteran Maximum Points Veteran Points Total Points Proposer Cost Cost Points Allocated Points., Allocated Awarded Adventure Environmental Inc. 8 1399,959.00 20 20 0 20 Aquatic Control Group Inc. 8 1,397,100.00 20 19 _ 0 19 40cean,LLC 8 2171139.00 20 12 ,_, 0 12 DRC Emergency Services,LLC 8 2101107.00 20 1 5 0 1 Keams Construction Company s 1.107.000.00 20 19 5 0 19 Neat Sand DBA Neat Aqua s 2p4/990.00 20 9 5 0 9 Superior Landscaping and Lawn Service,Inc. s 2,137112.00 20 11 0 11 ATTACHMENT B SOLICITATION (RFP) AND ADDENDUMS MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490. ADDENDUM NO. 3 RFP 2019-067-WG ROUTINE AND EMERGENCY WATERWAY CLEANUP AND DEBRIS REMOVAL April 10, 2019 This Addendum to the above-referenced RFP is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only. THE DEADLINE FOR QUESTIONS HAS PASSED. NO FURTHER QUESTIONS WILL BE CONSIDERED NOR THE DUE DATE EXTENDED. I. ANSWERS TO QUESTIONS RECEIVED Q1) Addendum 2, partially answered question 11 when requesting to provide the estimated budget. The City answered that there is a budget for routine operations. Should we understand that there is no budget for Group 2 - Emergency Services? Al) All budgets stated are only estimates. It is impossible to determine the costs or budget of the emergency services because these are dependent on a future emergency that has not yet occurred. Further, the quantities listed on the bid cost sheets are simply for calculation purposes only. There is no guarantee of any volume of work that could result from an award of the RFP. Q2) Could you please confirm that you want to price for 15,000 cubic yards for vegetative debris and 5,000 cubic yard for other debris under group 2 -Emergency Services and there is not a typo about the unit to measure or the quantity? A2) Do not understand the question. However, see response to Q1. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado c@i,miamibeachfl.gov. Procurement Contact: ` Telephone: Email: William Garviso 305-673-7000, ext. 6650 , WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. •lex D • gement Director 1 MIAMI BEAC City of Miami Beach, 1755 Meridian Avenue,3rd Floor, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490. ADDENDUM NO. 2 RFP 2019-067-WG ROUTINE AND EMERGENCY WATERWAY CLEANUP AND DEBRIS REMOVAL March 27, 2019 This Addendum to the above-referenced RFP is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only. I. REVISIONS 1. Revised Appendix F, Insurance Requirements, to include Jones Act Coverage, as required by law. 2. Revised Section 0200 Instruction to Respondents and General Conditions, Paragraph 8, entitled Special Notices as follows: The revised link to Ordinances/Resolutions is as follows: the https://www.miamibeachfl.gov/city-hal I/procurement/procurement-related- ordinance-and-procedures/ II. ATTACHMENTS 1. Exhibit A, copy of current Agreement ITB 61-11/12 2. Exhibit B, Pre-proposal Conference Sign-in-Sheet 3. Exhibit C, Byrd Anti-Lobbying Certification III. ANSWERS TO QUESTIONS RECEIVED Q1) Pursuant to Appendix C Paragraph 2.14. Is it required that all routine waterway maintenance services be performed between the hours of 8:00AM through 5:00PM? Al) Contractors are to propose a schedule to provide routine waterway maintenance that shall be performed between the hours of 8:00AM through 5:00PM, Monday through Friday, and no less than three (3) service days per week. Complaints submitted between the hours of 8:00AM through 5:00PM, Monday through Friday, must be addressed within a business day after its receipt regardless of the proposed routine waterway maintenance schedule, at no additional cost to the City. In the event that the Proposer does not address the requests within the allotted time, they shall be responsible to reimburse any fees incurred by the City to address the request and/or complaint. Q2) In cases where divers are necessary to locate and attach debris for lifting, what are the 1 City's requirements for dive teams? Will OSHA regulations of 3-man dive teams be required? A2) Equipment and methodology to meet the requirements of the RFP are at the discretion of the proposer and shall be in compliance with all applicable regulations and requirements. Q3) Regarding insurance requirements, (page 40) of the RFP: (1)Workers Compensation or Longshore and Harbor coverage, as required by law. Are we required to have Longshore and Harbor coverage according to the City's general counsel? Will the City require both Longshore and Workers Compensation? A3) The successful proposer(s) will be required to have as applicable, United States Longshore and Harbor Workers Compensation, Jones Act Coverage and/or Workers Compensation insurance as required by law. Q4) Appendix E Cost Proposal Form, Group II Item 2.1, requests an Emergency Response Daily Rate. Is the Daily Rate total for all equipment, including barges, boats, grapple trucks, heavy equipment, chainsaws and any other emergency services equipment and staff? A4) An Emergency Response Daily Rate should take into account the proposer's response pursuant to Section 0300, Tab 3, Paragraph 3.1.2, and shall be inclusive of any labor, equipment use, travel time, fuel and any other costs to the proposer, in response to a natural or other disaster. Q5) Can the City provide historical Volume of Cubic Yardage collected through routine waterway clean up. A5) Past invoices documented the total amount of trash collected in pounds. The total pounds per year, average pounds collected per month, and the range of pounds collected per year are provided below for 2017 and 2018: • 2017 o Total pounds of trash collected: 113,850 o Average pounds per month: 9,487.50 o Range of pounds collected per year: 5,850- 16,250 • 2018 o Total pounds of trash collected: 86,775 o Average pounds per month: 7,231.25 o Range of pounds collected per year: 6,025- 9,075 Q6) Can the City provide a copy of the Sign in Sheet for the Pre-proposal Conference held February 22, 2019? A6) Yes, please see Exhibit B, Pre-proposal Conference Sign In Sheet, attached. Q7) Can the City provide any previous contract the city has in reference to the routine and emergency waterway cleanup and debris removal, including the awarded amounts of the previous contracts? A7) Yes, please see Exhibit A, copy of current Agreement ITB 61-11/12, attached. Q8)Will the City award the RFP based on solely cost? A8) No. Qualifications, approach and methodology, as well as cost will collectively be used to evaluate proposals, in accordance with Section 0400, Proposal Evaluation. 2 Q9) Can the City provide a copy of the proposal from Adventure Environmental for the rejected ITB 2018-029-ZD Waterway Maintenance Services? A9) Pursuant to Florida Statute 119.071, the requested documents cannot be made available until after 6/6/2019 (12 months) or until an award notice is issued pursuant the reissued solicitation. Q10) Can you provide the current contractors contract amount billed to date? A10) The current contracts term was December 2012 to December 2017. However it has been extended on a month to month basis until such time as a replacement contract is awarded. The current contract is awarded based on a fixed schedule annual amount of$173,999.76. The amount billed monthly is $ 14,499.98. Q11) Can you provide the estimated budget? All) The estimated annual budget for routine operations is $175,000. , Q12) Can you tell me if we have to bid on both groups for RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal? Can we bid on only one group? Al2) A proposal response is required for both; Groups 1 and 2. Q13) Does this project require a bid bond? A13) There is no bid bond requirement for this project. Q14)Will the City provide a staging area to off load debris? A14) The City will not provide a staging area for routine operations. However, for emergency response, the pity can approve staging on city-owned properties through task orders for each specific emergency event. Q15) Will disposal fees need to be included with our price proposal or do we are they considered a pass through to the city? A15) Disposal fees need to be included in the proposal price for Group 1, Routine Waterway Cleanup Services. Q16) Pursuant to Special Notes (Page 5), the link does not work. Where can we find the ordinances/resolutions? A16) Please refer to Revision 3 above. Q17) Pursuant to Veteran Business Enterprises Preference (page 6), can this preference be obtained through a committed subcontractor? A17) No, the Veteran Business Enterprises Preference applies only to the proposing firm. Q18) If we adopt the City's Code of Business Ethics, do we need to sign and submit the Statement of Purpose with the proposal? A18) Please refer to Appendix A, Paragraph 6, Code of Business Ethics (page 20). 3 Q19) Can you confirm the following address for proposal delivery? City of Miami Beach Procurement Department 1755 Meridian Avenue 3rd Floor Miami Beach, FL 33139 A19) Confirmed. Please refer to Revision 1 above. Q20 Pursuant to Appendix A, Paragraph 13, entitled Equal Benefits, if we do not employ 51 or more full time employees, do we mark N/A for questions A-C? A20) Yes, also provide statement why the ordinance does not apply to your firm. Q21) Appendix I, Byrd Anti-Lobbying Amendment (page 49) states that contractors that apply or bid for an award exceeding $100,000 must file the requires certification. Where can this certification be obtained, and does the certification need to be submitted with the proposal? A21) The City reserves the right to request any documentation omitted, with exception of the Cost/Revenue (as applicable) Proposal Form (Appendix E), Proposal Certification, Questionnaire & Ikequirements Affidavit (Appendix A), and Bid Bond (if applicable). Bidder must submit any omitted documentation within three (3) business days upon request from the City, or the bid may be deemed non-responsive. Please refer to Exhibit C, Byrd Anti-Lobbying Certification (attached). Q22) Describe how work will be completed within all FEMA regulations. What FEMA regulations is this referencing? A22) Please refer to Appendix C, Paragraph C3, Emergency Services (page 33). Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(a�miamibeachfl.gov. Procurement Contact: Telephone: Email: William Garviso 305-673-7000, ext. 6650 WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Sin("afi, Alex De Proc . -ment Director 4 Exhibit A Agreement ITB 61-11/12 5 Exhibit B Pre-proposal Conference Sign-in-Sheet 6 Exhibit C Byrd Anti-Lobbying Certification 7 MIAMIBEACH 1 City of Miami Beach, 1755 Meridian Avenue,3'd Floor, Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490. ADDENDUM NO. 1 RFP 2019-067-WG 1 ROUTINE AND EMERGENCY WATERWAY CLEANUP AND DEBRIS REMOVAL March 22, 2019 This Addendum to the above-referenced RFP is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only. I. REVISIONS 1. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 P.M., on Friday, April 12, 2019, at the following location. City of Miami Beach ' Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A subsequent Addendum # 2 will be issued with additional information and responses to questions received. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(cc�miamibeachfl.ciov. Procurement Contact: Telephone: Email: William Garviso 305-673-7000, ext. 6650 WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. S�n - n /2,,._ Alex ri- is 1 REQUEST FOR PROPOSALS (RFP) ROUTINE AND EMERGENCY WATERWAY CLEANUP AND DEBRIS REMOVAL 2019-067-WG RFP ISSUANCE DATE: FEBRUARY 12, 2019 PROPOSALS DUE: MARCH 29, 2019 @ 3:00 PM ISSUED BY: MIAMI BEACH William Garviso, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3`d Floor, Miami Beach, FL 33139 305.673.7490 I WilliamGarviso@miamibeachfl.gov www.miamibeachfl.gov MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS 3 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 12 0400 PROPOSAL EVALUATION 16 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS 18 APPENDIX B "NO PROPOSAL" FORM 25 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 27 APPENDIX D SPECIAL CONDITIONS 35 APPENDIX E COST PROPOSAL FORM 37 APPENDIX F INSURANCE REQUIREMENTS 39 APPENDIX G WATERWAYS AREA MAP 41 APPENDIX H CLEANLINESS INDEX 45 APPENDIX I CFR 200.317-200.326 47 RFP 2019-067-WG 2 MIAMI BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS &GENERAL CONDITIONS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently,the successful Proposer(s) (the"contractor[s]") if this RFP results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. Miami Beach is surrounded by over 60 miles of waterways that provide environmental, economic and recreational benefits and are one of the City's most valuable resources. The cleanliness of the waterways is vital to improving water quality, protecting aquatic habitat, and maintaining quality of life. As such, the City requires both routine and emergency waterway cleanup and debris removal services for the removal of submerged, floating and shoreline debris to maintain a certain level of cleanliness. As such, the City is in need of routine and emergency waterway cleanup and debris removal services as outlined herein for all of the City's waterways which are defined as the waters within 1,000 feet from the shoreline incorporated by the City, including but not limited to: Tatum Waterway, Normandy Waterway, Biscayne Point, Biscayne Waterway, Surprise Lake, Surprise Waterway, Flamingo Waterway, Sunset Lake, Sunset Islands Canals, and the Collins Canal. Through this RFP the City is soliciting proposals for both routine and emergency clean-up for the City's waterways. The services performed to the waterways shall be in accordance with all City, State, County, and Federal regulations. Such services shall be on an ongoing basis, as requested by the Environment and Sustainability Department Project Manager or his/her designee. The Project Manager or his/her designee may also request additional services to be provided at City's waterways, under the same terms and conditions contained herein. Emergency clean-up is identified as those services needed in response to a natural disaster or some other form of emergency. As a result, a schedule for emergency services cannot be determined until such time as a need arises. Additionally, under an emergency service activation all Federal Emergency Management Agency (FEMA) will apply and must be adhered to. The services performed to the waterways shall be in accordance with all City, State, County, and Federal regulations. The City's Living Wage requirements, pursuant to Section 2-408 of the City Code, for employees of the successful contractor are a requirement of this ITB and the resulting agreement, for routine maintenance (Group I) only. Uniform Guidance Procurement Standards 2 CFR 200.317-200.326 attached as Appendix I, will apply to emergency services. 3.ANTICIPATED RFP TIMETABLE.The tentative schedule for this solicitation is as follows: RFP Issued February 12, 2019 3 RFP 2019-067-WG MIAMI BEACH Pre-Proposal Meeting February 22, 2019@ 10:00AM EST Deadline for Receipt of Questions March 20, 2019 @ 5:00PM EST Responses Due March 29, 2019 @ 3:00PM EST Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing Negotiations TBD Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: William Garviso 305-673-7000 ext.6650 WilliamGariso(a�miaibeachfl.gov additionally, the City Clerk is to be coiled on all communications via e-mail at: RafaelGranado• miamibeachfl.•ov; or via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFP Timetable section above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936(Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFP expressing their intent to participate via telephone. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through 4 RFP 2019-067-WG MIAMI BEACH PublicPurchase. Any prospective proposer who has received this RFP by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFP Timetable section. 7. CONE OF SILENCE. This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/procurement/scroll.aspx?id=79113 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR CITY CODE SECTION 2-373 DOMESTIC PARTNERS • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY CITY CODE SECTION 2-374 VETERANS AND TO STATE-CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 11. DEBARMENT ORDINANCE: This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 5 RFP 2019-067-WG MIAMI BEACH 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-23879, the Proposer shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- 370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. 17. JOINT VENTURES. Joint Ventures are not allowed. Proposals shall be submitted only by the prime contractor. Proposals may, however, identify other sub-contractors or sub-consultants to the prime Proposer who may serve as team members. 18.VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFP, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such proposals are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the Proposer to perform the contract. (2)Whether the Proposer can perform the contract within the time specified,without delay or interference. (3)The character, integrity, reputation,judgment, experience and efficiency of the Proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the 6 RFP 2019-067-WG ,MIAMI BEACH contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 19.1. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary, or higher), as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder(primary), followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive, responsible bidders in order of next best cost. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. Bidder acknowledges and agrees that this Contract and the award of any work hereunder, is non-exclusive, and the City may, at its sole and absolute discretion, award similar services or work to other firms under contract with the City (either as a co-primary contractor, or as secondary or tertiary contractors). No Purchase Order shall be issued to Contractor, and no work or Services shall be authorized under this Agreement, except at City's sole discretion. Contractor shall have no entitlement to perform any services hereunder, or to be compensated for any Services, unless set forth in a written Purchase Order. 20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 21. POSTPONEMENT/CANCELLATION/ACCEPTANCE/REJECTION. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any responses received as a result of this RFP. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one-hundred twenty (120) calendar days after proposal opening date.A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Procurement Department prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 23. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 24. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the 7 RFP 2019-067-WG MIAMI BEACH Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 24. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. 26.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device,or materials in any way involved in the work. 30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. 8 RFP 2019-067-WG MIAMI BEACH Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer,or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws. 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City. F.The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier,which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation,without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE. When the successful Proposer(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. RFP 2019-067-WG MIAMI BEACH 38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A.Any contract or agreement resulting from the award of this solicitation; then B.Addendum issued for this solicitation, with the latest Addendum taking precedence;then C.The solicitation; then D. The Proposer's proposal in response to the solicitation. 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs,judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals 10 RFP 2019-067-WG MIAMI BEACH having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. 44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member(spouse, parent, sibling, and child)who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. 45. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 46. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). 47. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 48. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFP solicitation process, unless otherwise noted herein. 49. ADDITIONAL ITEMS / SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order (or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of$50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than $50,000. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. 1 RFP 2019-067-WG MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED PROPOSALS. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE PROPOSALS. Proposals are to be received on or before the due date established herein. Any Proposal received after the deadline established for receipt of Proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of Proposals, it is strongly recommended that Proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Proposals that do not include the required information will be deemed non- responsive and will not be considered. 4. OMITTED OR ADDITIONAL INFORMATION. With exception of the Proposal Certification Form (Appendix A) and the Cost/Revenue Proposal, if applicable, the City reserves the right to seek any omitted information/documentation or any additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non-responsive. Cover Letter&Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Organizational Chart. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members'qualifications. 1.3 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. RFP 2019-067-WG 1 2 MIAMI BEACH TAB 2 Experience&Qualifications 2.1 Qualifications of Prime Proposer. Submit detailed information regarding the relevant experience and proven track record of the firm and/or its principals in providing the scope of services similar as identified in this solicitation, including experience in providing a similar scope of services, including emergency response services, especially to public sector agencies. For each project that the proposer submits as evidence of similar experience for the firm and/or any principal, the following is required: project description, agency name, agency contact, contact telephone & email, and year(s)and term of engagement. 2.2 Qualifications of Prime Proposer's Team (Individuals). Include a resume of each employee or agent of the Prime Proposer that will have a role in completing the required services, including education, experience, and any other pertinent information. 2.3 Qualifications of Prime Proposer's Team (Sub-Consultants). If utilizing sub-contractors/consultants, submit detailed information regarding the relevant experience and proven track record of the firm and/or its principals in providing the scope of services similar as identified in this solicitation, including experience in providing a similar scope of services, including emergency response services, especially to public sector agencies. For each project that the proposer submits as evidence of similar experience for the firm and/or any principal, the following is required: project description, agency name, agency contact, contact telephone&email, and year(s) and term of engagement. 2.4 Licensure and Certifications. Provide a copy of all licenses and certifications that the proposer and its team members (both individuals and sub-contractors) may possess that are applicable to the work required, including (but not limited to: • any vessel operator license required by the federal, state, county governments; and • licenses, inspection reports, etc. applicable to the proposed vessels; and • licenses and certifications obtained by staff proposed to be assigned to the account; and • any safety related certifications. RFP 2019-067-WG 13 ,MIAMI BEACH TAB 3 Approach and Methodology 3.1. Submit detailed information on how Proposer plans to accomplish the required Statement of Work, including detailed information, as applicable, which addresses, but need not be limited to: 3.1.1 Routine Maintenance Operational Plan 1. Provide a list of all equipment to be utilized for the removal of but not limited to the following tasks. The equipment list proposed may be verified by City staff during the evaluation period. If deemed necessary by the City, a site visit will be conducted. Any watercraft owned or controlled by the proposer that will be used in providing the specified services will be required to be in full compliance with U.S. Coast Guard regulations for the specific vessel proposed. • Equipment for small debris collection (i.e. plastic bags, plastic bottles, and other similar items); and • Equipment for large debris collection (i.e. broken docks, pilings, and turbidity curtains); and • Equipment for submerged debris collection (i.e. shopping carts, tires, cones, and buckets) from the City's waterways. 2. Describe the means and methods proposed to be utilized, including: plans, procedures, deployment site, storage and personnel. 3. Describe the procedures for waste disposal, including detailed plan for off-site disposal of all debris collected and any staging areas that may be necessary to store the equipment to perform the services required. 4. Describe proposed operation schedule and how call backs will be addressed. 5. Describe proposers plan to ensure the safety of all stakeholders involved, including employees, residents and other vessels in the adjacent areas. 6. Describe the proposer's comprehensive global positioning system (GPS) mapping system capabilities in accessing comprehensive mapping system online and/or via mobile applications for Android and iOS platforms, accessing route maps, history, pictures, and data sharing and/or downloading. 3.1.2 Emergency Response Operational Plan - Provide a detailed operational plan for emergency response services, including addressing hurricane debris (i.e. broken docks, piling, turbidity curtains, and downed trees). 1. Provide a list of all equipment to be utilized for the removal of disaster related vegetative and construction and other debris (as defined in Appendix C). 2. Describe the means and methods proposed to be utilized, including: plans, procedures, deployment site, storage and personnel. 3. Describe the procedures for waste disposal, including detailed plan for off-site disposal of all debris collected and any staging areas that may be necessary to store the equipment to perform the services required. 4. Describe proposers plan to ensure the safety of all stakeholders involved, including employees, residents and other vessels in the adjacent areas. 5. Describe how work will be completed within all FEMA regulations. TAB 4 Cost Proposal Submit a completed Cost Proposal Form (Appendix E). RFP 2019-067-WG 14 AAIAMIBEACH 4. FINANCIAL CAPACITY. Within three (3) business days of request by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. 5.ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub- consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). The City reserves the right to request any documentation omitted, with exception of the Cost/Revenue (as applicable) Proposal Form (Appendix E), Proposal Certification, Questionnaire & Requirements Affidavit(Appendix A), and Bid Bond (if applicable). Submittals received that do not include the Cost/Revenue Proposal Form, completed as required and fully executed, or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within three (3) business days upon request from the City, or the bid may be deemed non- responsive. Non-responsive bid packages will receive no further consideration. Balance of Page Intentionally Left Blank RFP 2019-067-WG SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee.An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2.Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Procurement Department. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may review and score all proposals received,with or without conducting interview sessions. Step 1 -Qualitative Criteria Maximum Points Proposer Experience and Qualifications 45 Approach and Methodology 35 TOTAL AVAILABLE STEP 1 POINTS 80 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive additional quantitative criteria points to be added by the Procurement Department to those points earned in Step 1, as follows. Step 2-Quantitative Criteria Maximum Points Costs 20 Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 25 1Total Cost for both Groups 1 and 2 shall be the basis for Cost Point Allocation in accordance with Section 4 below. 6 RFP 2019-067-WG 4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula: Sample Objective Formula for Cost Example Maximum Formula for Calculating Points Vendor Allowable Points (lowest cost/cost of proposal being Total Points Vendor Cost (Points noted are for illustrative evaluated X maximum allowable Proposal purposes only.Actual points are points=awarded points) Awarded noted above.) Round to Vendor A $100.00 20 $100/$100 X 20=20 20 Vendor B $150.00 20 $100/$150 X 20=13 13 Vendor C $200.00 20 $1001$200 X 20=10 10 5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Procurement Department. Step 1 and 2 scores will be converted to rankings in accordance with the example below: Proposer A Proposer B Proposer C Step 1 Points 82 76 80 Committee Step 2 Points 22 15 12 Member 1 Total 104 91 92 Rank 1 3 2 Step 1 Points 79 85 72 Committee Step 2 Points 22 15 12 Member 2 Total 101 100 84 Rank 1 2 3 Step 1 Points 80 74 66 Committee Step 2 Points 22 15 12 Member 2 Total 102 89 78 Rank 1 2 3 Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. Balance of Page Intentionally Left Blank RFP 2019-067-WG 1 7 APPENDIX A MIAMI B EAC FL Proposal Certification , Questionnaire & Requirements Affidavit RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 a RFP 2019-067-WG 1 Solicitation No: Solicitation Title: RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal Procurement Contact: Tel: Email: William Garviso,CPPB 305-673-7490 WilliamGarviso a(�,miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE& REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: NO.OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. RFP 2019-067-WG 19 1. Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748, 2. Conflict Of Interest.All Proposers must disclose, in their Proposal,the name(s)of any officer,director, agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly.an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance. Proposer shall submit at least three (3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone. 5)Contact's Email and 6)Narrative on Scope of Services Provided. 4. Suspension,Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non- erformance by an ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is ''YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions. as prescribed therein, induding disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department with its proposal/response or within five (5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ 20 RFP 2019-067-WG 7. Living Wage. Pursuant to Section 2-408 of the City of Miami Beach Code, as same may be amended from time to time, covered employees shall be paid the required living wage rates listed below: 1. Effective January 1, 2018, covered employees must be paid a living wage rate of no less than $11.62 per hour with health care benefits of at least$2.26 per hour, or a living wage rate of no less than $13.88 per hour without health care benefits. 2. Effective January 1, 2019, covered employees must be paid a living wage rate of no less than $11.70 per hour with health care benefits of at least$2.74 per hour, or a living wage rate of no less than $14.44 per hour without health care benefits. 3. Effective January 1, 2020, covered employees must be paid a living wage rate of no less than $11.78 per hour with health care benefits of at least$3.22 per hour, or a living wage rate of no less than$15.00 per hour without health care benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same(in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at http:/!www.miamibeachfl.gov!city-halliprocurement/procurement-related-ordinance-and-proceduresi SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document. Proposer agrees to the living wage requirement. Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal, LCP Tracker(LCPTracker.net). 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Proposer who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners* or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http www.miamibeachfl.gov city-hall procurement/procurement-related-ordinance-and- procedures 21 RFP 2019-067-WG 9. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code, including the blacklisting, divesting from,or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex,intersexuality,gender identity,sexual orientation,marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit. Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. 13. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. 22 RFP 2019-067-WG DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City')for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disdosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders.partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process, or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disdosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 2 RFP 2019-067-WG PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments,exhibits and appendices and the contents of any Addenda released hereto,and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authonzed Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: 24 RFP 2019-067-WG APPENDIX B " No Bid " Form RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal PROCUREMENT DEPARTMENT 1 755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: It is important for those venors who have received notification of this solicitation but have decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may result in not being notified of future solicitations by the City. 25 REP 2019-067-WG Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: William Garviso, CPPB PROPOSAL #2019-067-WG 1755 MERIDIAN AVENUE, 3`d FLOOR MIAMI BEACH, FL 33139 26 RFP 2019-067-WG APPENDIX C MIAMI BEACH Statement of Work RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 27 RFP 2019-067-WG C1. GENERAL STATEMENT OF WORK. Miami Beach is surrounded by over 60 miles of waterways that provide environmental, economic and recreational benefits and are one of the City's most valuable resources. These waterways, which include Biscayne Bay, Indian Creek and Collins Canal, are highly visible from abutting residential, commercial and recreational properties, as well as roadways. The cleanliness of the waterways is vital to improving water quality, protecting aquatic habitat, and maintaining quality of life. As such, the City requires routine and emergency, cleanup and debris removal services of waterways which include the removal of submerged, floating and shoreline debris to maintain a certain level of cleanliness. The work required shall include waterway cleaning services for under both routine and emergency conditions. The work is categorized as follows. 1.1 Routine Services. Routine services means regularly scheduled services necessary to maintain clean waterways and shall be based on a regular monthly basis in compliance with the requirements established herein. Additional day(s) or spot run(s) may be required from time to time. 1.2 Emergency Services. Emergency Services means work that is required in response to a natural or other disaster and shall be based on an as needed basis (daily rate) plus a fee for the collection and disposal of vegetative and other debris. Other debris may include construction &demolition (C & D), as defined by FEMA, that results from storm or disaster damage, as well as any other debris not classified as vegetative debris. C2. GENERAL REQUIREMENTS FOR ALL WORK. 2.1 General. The following apply to all work resulting from this solicitation, including Group 1 (Routine Services) and Group 2 (Emergency Services). • The City's waterways are comprised of Outstanding Florida Waters within the Biscayne Bay Aquatic Preserve, including Biscayne Bay west of the barrier islands and a system of interconnected, tidally-influenced canals that weave through the City. • The City of Miami Beach waterways are defined as the waters within a 1,000 foot buffer from the shoreline of any land incorporated by the City. • The areas of service as indicated in Appendix G, Waterways Area Map (attached), are general reference areas to be maintained, including but not limited to: Tatum Waterway, Normandy Waterway, Biscayne Point, Biscayne Waterway, Surprise Lake, Surprise Waterway, Flamingo Waterway, Sunset Lake, Sunset Islands Canals, and the Collins Canal. Waters of the Atlantic Ocean east of Miami Beach are not to be serviced. • Many of the City's waterways are crossed by low vehicular and pedestrian bridges. • The City has one public boat ramp on the north end of Maurice Gibb Park, 18th Street& Purdy Ave Miami Beach, FL 33139. • Water levels and flows within the waterways fluctuate according to tidal movement, currents, and wind patterns. • Debris enters the City's waterways directly from the urban environment, through run-off from the stormwater system, and from the bay during incoming tides. • After large storm events, vegetation, litter and other floating debris accumulate in high density throughout the City's waterways. RFP 2019-067-WG 28 • Seasonal wind patterns and changes in the tidal currents can cause additional vegetation, litter, and debris to concentrate throughout the City's waterways. • Shoreline accumulation of trash, particularly along mangrove areas, is common and includes palm fronds, discarded landscape cuttings, small floatables (i.e., plastic bottles, plastic bags, polystyrene), and large debris. • Floating mats of vegetation and litter accumulate along docks, seawalls, and other areas where water patterns and the shoreline configuration disrupt the flow of suspended debris. • Large objects such as shopping carts, chairs, tires, damaged boats and other unwanted items continually find their way into and become submerged within the City's waterways. • Occasionally, the City receives time-sensitive requests to remove and dispose of dead animals and navigational hazards from the waterways. • Other notable conditions along the waterways include illegal dumping; vagrant camps underneath City bridges and along shorelines; dilapidated docks and seawalls in need of repair and piles of construction debris left at the water's edge. • The City may choose to implement floating debris interception devices to collect floating debris. The contractor may be tasked with emptying such devices during days of service. • Known waterway hot spots include, but are not limited to: • Collins between 23rd and 24th Street • North Shore Drive between South Shore Drive and Marseille Drive • 85th Street between Crespi Blvd and Byron Avenue • Bridge on Waterway Drive between 80th and 81st Street • Dead end on 75th Street and Dickens Avenue • 73rd Street between Dickens Avenue and Wayne Street • Indian Creek Drive and 72nd Street • 77th Street bridge between Hawthorne Avenue and Tatum Waterway • 81st Street bridge between Noremac Avenue and Hawthorne Avenue. 2.1 Performance Standards. The Proposer shall provide all equipment and required resources necessary to meet the City's standards and criteria based on the "Cleanliness Index", included herein as Appendix H. Proposer shall provide both the removal of surface and submerged debris within the waterways, and shall be required to maintain an average assessment score of 2.0 or better for litter for each quarter. The Cleanliness Index defines a set of standards that the City uses to quantitatively measure cleanliness of the City's public areas. Public areas measured by this index include streets and sidewalks, parks, parking lots, beach areas, and waterways. Index assessments are conducted regularly to score these areas based on contributing factors. For waterways, scores are based on the cleanliness of the waterway and shoreline as well as presence of organic material. The departments responsible for managing each public area use the data generated by this program to determine what factors affect the cleanliness of an area and to direct cleanliness efforts where they are most needed. City departments review Cleanliness Index data on a quarterly basis, comparing it to the RFP 2019-067-WG �9 previous quarter and to the same quarter in previous years, to determine contract compliance and make program adjustments where appropriate. The Uniform Guidance Procurement Standards 2 CFR 200.317-200.326, attached as Appendix I, shall apply to emergency events. 2.2 Waste Disposal.The Contractor shall be responsible for the proper disposal of all litter and debris that is collected in accordance with all City, State, County and Federal regulations. The Proposer shall provide the City with waste disposal (per cubic yard) receipts on a monthly basis with the invoices and monthly reports, as detailed in Section C2.3. 2.3 Reports. Bi-Monthly reports and disposal manifests shall be submitted to the City Administration. Each report shall include maps depicting Global Positioning System (GPS) locations serviced along with timestamps indicating the start and end time. Reports shall be completed using a designated report form and procedure provided by City staff. The report shall detail: general area of service addressed, each date of service, the total weight of debris removed for each, the location(s) serviced with GPS location and time stamps, a list of large and notable items removed, and pictures of large and notable items. The debris weight must match the disposal tickets from a landfill. In addition, email communication is expected to provide the City with information on the following: areas that should be dredged to improve navigation, dilapidated docks and seawalls (both public and private), large marine debris and abandoned vessels observed, and any other relevant information to improve the health of the City's waterways. 2.4. Uniforms. Proposer's employees will be attired in uniform with the name of the Proposer on the uniform. 2.5 Safety Measures. Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of Contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Contractor shall use only equipment that is fully operational and in safe operating order. Successful Bidder shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity-work shall cease until it is safe to proceed. 2.6 Contractor Responsibilities. The Proposer shall be responsible for providing labor, supervision, insurance, machinery and equipment, trucks and any other tools, equipment, accessories, and things necessary to meet the City's cleanliness standards and criteria in order to maintain an average assessment score of 2.0 (for Group 1 work) or better for litter for each quarter as set forth herein. 2.7 Manatee Alert. The Contractor is alerted that manatees could be present in the canals. The Contractor shall protect the manatee. Specifically, operation shall be stopped RFP 2019-067-WG 3Q when manatee is within one hundred fifty feet(150')of the work site. 2.8. Contractor's Damages. Protection of Adjacent Property and Utilities: The Proposer shall perform the work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage caused by its operations. The Proposer shall be cognizant of all utilities and shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional cost to the City any breakage or damage caused by its operation. The Contractor shall review and abide by Florida State Statute Chapter 556, Underground Facility Damage Prevention and Safety, while performing the services listed in and related to this solicitation. It shall be the Successful Bidder's responsibility to preserve the existing condition of the waterways and surroundings, including but not limited to natural vegetation such as sea grasses and mangroves, bank of the waterways, bulkheads and seawalls, concrete sidewalk, curb, and/or gutter and pavement. Any damage done to the pavement or concrete due to the Successful Bidder's failure to comply with the requirements of this Contract, or failure to exercise responsible care in the performance of the work, shall be repaired at the Successful Bidder's expense. Any damages to the plants such as sea grasses and mangroves shall be mitigated to the Department of Environmental Resource Management's (DERM) and City's satisfaction, by the Contractor and at the Successful Bidder's expense. The Contractor shall use shallow draft boats, vessels or other equipment to collect debris in shallow areas. The minimum depth of water for operation in water should be at least one (1) foot. In case of water depth less than one (1) foot, the Contractor shall use appropriate equipment to collect the debris from land. For shallow areas, the clean-up work shall be restricted to high tide period in order to protect the soil and vegetation. 2.9. Performance Control. The Contractor's performance of this Contract shall be assessed by City staff. The Proposer must maintain an average assessment score of 2.0 or better for litter for each quarter. If at any time during the life of the Contract, performance is considered unsatisfactory (an average assessment less than 2.0 for litter), the City Manager or his designee, shall inform the Proposer of the deficiency in work. Should the Proposer fail to maintain an average assessment score of 2.0 or better for litter for each quarter, a warning notice will be given to the Contractor. Proposer will only be allowed one warning notice per contract period. During the lifetime of the contract, the Proposer will pay the City a sum of $500 for the second notice, $750 for the third, and $1,000 for the fourth notice of non-compliance. After the fourth notice, the City may, at its discretion, elect to terminate the contract for repeated non-compliance. 2.10. Assessment Areas and Frequencies. City departments have reviewed and agreed to use the cleanliness index to conduct assessments internally and be scored on a regular basis. The frequency of assessments is based on a statistically valid sample facilitated by RFP 2019-067-WG 1 the Office of Organization Development Performance Initiative (ODPI)on an annual basis. The areas to be assessed and the frequency of the assessments are specific to each of the public areas. Public areas are currently assessed at different times of the day and at different days of the week. 2.11. Complaints. Residents will occasionally have requests or complaints related to waterway cleanliness. These requests and complaints must be addressed within a business day after its receipt. At times, these complaints will be conveyed in the field. All complaints received directly by the Proposer shall be routed through the City before any action is taken. Complaints received by the City will be transmitted by the Environmental and Sustainability Department Project Manager to the Contractor. The awarded Proposer shall provide written confirmation to the Project Manager that the complaint/request has been addressed by close of business day of the following business day. In addition, the Proposer shall be available to address requests, blockages of navigation, and/or issues related to seasonal conditions or significant storm events. All such issues shall be addressed by the Proposer no later than the next business day. In the event that the Proposer does not address the requests within the allotted time, they shall be responsible to reimburse any fees incurred by the City to address the request and/ or complaint. 2.12. Response Time. For Group 1 work, failure to respond to a service call later than the next business day will result in the Contractor paying any and all costs associated with the services. For Group 2 work, response time will be mutually agreed upon. 2.13 Rates/Fees. The rates quoted shall be inclusive for full compensation of labor, equipment use, travel time, fuel, and any other cost to the bidder for providing waterway maintenance services for North Beach (approximately 1,492 acres) and South Beach (approximately 1,440 acres) as subdivided in Appendix G, Waterways Area Map. Monthly rates are specified as follows. Additional Day or Spot Runs are at the City's discretion. 2.13.1 For Group 1 work the following shall apply: Monthly Service Rate - Monthly rate includes a minimum of three (3) service days per week for all waterways which is inclusive of North and South Beach. Refer to Sections C2.14 and C2.15, Schedule and Frequency, respectively, for the City's intended frequency and schedule for all waterways. Additional Day Rate- Daily rate for services is to be provided outside of normal scheduled operations, of more than four(4) hours at the request of the City, which may include shoreline maintenance. Services provided must be previously authorized in writing by the Project Manager. Spot Run Flat Fee- Spot run flat fee is for service provided to waterways at the request of the City, of no more than four(4) hours, on days where waterways have RFP 2019-067-WG already been serviced. Services provided must be previously authorized in writing by the Project Manager. 2.14. Schedule. Group 1 waterway maintenance services must be performed between the hours of 8:00 AM to 5:00 PM, Monday through Friday, and no less than three (3) service days per week. GPS maps with route and timestamps indicating start and end time for service provided shall adhere to the schedule. Group 2 schedules will be mutually agreed upon at the time of need. In the event of non-compliance with the agreed upon contract schedule, resulting from adverse environmental conditions, mechanical breakdown, or other unavoidable circumstances, the Contractor shall be required to notify the Environment and Sustainability Department Project Manager by phone or email immediately. Any variance to the schedule must be authorized by the Project Manager in writing prior to the requested change. 2.15. Recommended Frequency for Group 1. Unless otherwise specified by the City, within a 24 hour notice, the frequency for service to both North and South waterways shall be on an alternating basis as follows: Week Monday Wednesday Friday 1 North South North 2 South North South 3 North South North 4 South North South Any variance to the frequency of service must be authorized by the Project Manager in writing prior to the change. C3. EMERGENCY SERVICES (GROUP 2). On occasions, the City may request additional work which may include a disaster, such as a hurricane response. The City reserves the right to exercise its discretion in making the determination as to what time the contract will be activated. ALL WORK SHALL BE COMPLETED IN ACCORDANCE WITH FEMA REGULATIONS AND APPLICABLE ENVIRONMENTAL REQUIREMENTS. All emergency work shall be in compliance with FEMA Policy 9523.5 — Debris Removal from Waterways. Upon notification by the City of Miami Beach, the contractor will provide immediate emergency response to remove obstructions impeding water flow, movement, and navigation.This will generally take place within 72 hours after a severe weather event. The first response work will focus on clearing blockages of water flow and navigational hazards. The objective is to remove waterway debris within the first seven (7) days in the aftermath of a disaster. The contractor will be responsible for the disposal of the waterway debris. All obstructions to navigation and/or flow shall be removed by methods including, but not limited to, sawing, cabling,winching, lifting or dragging. RFP 2019-067-WG ,�3 Removal of all trees, branches, or other hazards that are leaning into and obstructing the waterway or areas above the waterway. This includes the removal of trees on public property that are in danger of falling over as instructed by City staff. The City may request additional work subject to mutual agreement. The cost and expenses will be submitted to the City for approval in a cost proposal by the Contractor. RFP 2019-067-WG 34 APPENDIX D M I AM I BEAC Special Conditions RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 35 RFP 2019-067-WG 1. TERM OF CONTRACT. The initial term of the contract shall remain in effect for two (2)years. The contract may be extended, upon the same terms and conditions, at the sole discretion of the City, through its City Manager,for three(3) additional one(1)year terms. 2. PRICES. Prices quoted shall remain fixed and firm during the initial 12 months of the term of this contract. Following the initial 12 months, the Contractor may request an annual cost adjustment. Any cost adjustment shall not exceed a corresponding increase (or decrease) in the Consumer Price Index CPI-U for the local area. Cost adjustments will not be approved retroactively. The bidder's adjustment request must clearly substantiate the requested increase. 3. INVOICES. The Proposer shall submit monthly invoices by the tenth (10) calendar day of each month. The invoices shall be submitted to the City's Project Manager for approval with a copy of the corresponding bi-monthly reports attached. Invoices received without the required information will not be processed until proper documentation is received. 36 RFP 2019-067-WG APPENDIX E M I AM I BEACH Cost Proposal Form RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 37 RFP 2019-067-WG APPENDIX E COST PROPOSAL FORM Failure to submit, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of •ro•osals will result in •roposal bein• deemed non-res•onsive and bein• reected. Bidder affirms that the prices stated on the cost proposal form below represents the entire cost of the items in full accordance with the requirements of this RFP, inclusive of its terms, conditions,specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices,delivery delays, taxes, insurance,cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form shall be completed mechanically or, if manually, in ink. Cost Proposal Form completed in pencil shall be deemed non-responsive.All corrections on the Cost ProQosaliForm shall be initialed. Total Estimated (c) Quantity Unit Cost(b) (Quantity x Unit Cost) Item Descri•tion a a x b =c Monthly Service Rate for Waterway 1.1 Maintenance-North * 24 months $ Monthly $ 1.2 Additional Day Rate * 10 days $ Daily $ 1.3 Spot Run Flat Fee* 5 runs $ Run $ Monthly Service Rate for Waterway 1.4 Maintenance-South* 24 months $ Monthly $ 1.5 Additional Day Rate * 10 days $ Daily $ 1.6 S•ot Run Flat Fee* 5 runs $ Run $ TOTAL GROUP 1 (Total 1.1 throu•h 1.6 $ Total Estimated (c) Quantity Unit Cost(b) (Quantity x Unit Cost) Item Descri.tion a a x b =c 2.1 Emergency Response Daily Rate 10 days $ Daily $ — 15,000 Collection and Disposal of Vegetative cubic 2.2 Debris yards $ CubicYard $ 5,000 Collection and Disposal of Other cubic 2.3 Debris ards $ CubicYard $ TOTAL GROUP 2 Total 2.1 throu•h 2.3 $ TOTAL COST FOR GROUPS 1 AND 2 The Total Cost for Grou•s 1 and 2 shall be utilized to allocate Cost Points in the Evaluation of Pro•osals. $ *Requires compliance with Section 2-408, Living Wage Requirements, of the City Code, Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 8 RFP 2019-067-WG APPENDIX F I BEACH MIA /\A1 Insurance Requirements RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 39 RFP 2019-067-WG MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the Proposer is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers Compensation or Longshore and Harbor coverage, as required by law. XXX 2. Protection & Indemnity coverage to include bodily injury and property damage. XXX 3. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 4. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 5. Thirty (30) days written cancellation notice required. XXX 6. Best's guide rating B+:VI or better, latest edition. XXX 7. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. RFP 2019-067-WG 40 APPENDIX G MIAMI BEACH Waterways Area Map RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida RFP 2019-067-WG 41 Miami Beach Waterways wy.7'-Yi r 4' • 4 ., .. . . . :tit jy `1T3 .. 4 • a�r. t• a i 1, t f ,. l ' w. ' i i,., svn_. 7iV ` A ria l I:t,1.44- 1.44:,�; ,0.6„,7 t.'h r ,.--4,.- 1T, tf ,,.!_;.7..,..477, I : r`w►q ,} y,M fir.., _ ,y C�,*r4�T�4y. L. - s• - t.= SL's ` `i n. �" y i"3 iii ..a iiia .r 1 • Legend y "",+ ii r' y ::'elf North rJ'+., South immgmmiimiuiiiimi . _s .+C r•r RFP 2019-067-WG 42 Miami Beach Waterways (North) r,ec, `a4 .... ...sw-t .. , -.i.. .fit .w.. " _ _ I � x'1`.44, . 4} ` • �.._ - ...w Lam: ..,t T t" &t + _ •.. ' r tomr• - . i '''' T -•-. '' 'i li i " miiiimir.... . ,. t 'f7 a 0•r- Vt V • t . ate s" • • 1f I _,F ; 1 .'r 'fit t# tip iii w, r ' Iii Ell r . 48, ,y ,I4 t 1 }SEAS, .474411,4411 - its - I' �/� --v {" Legend �, t Jot . � North ' w 1 - ,r -,4i. " ,. �_- ., ' tis ...4....1e; t • tw ...., 1. �' , 1 6 Mile. i.....•,,,,..1. 10.,....„ 'j ti , I --01•1111i RFP 2019-067-WG 43 Miami Beach Waterways (South) • Ifitti:";--,7 ...‘-., • -c. .t.,g. r. • ,� 111 A. •Y Y .s ! r, • • i ^ . v ..c ..., « •} 1 rte,.;,_ ........ • x . y YS. -cc.• ir.... „..-ii. ...4.,.:,I1C.• ' Nakao. PPC°41; , 4 a t` _ , d 1.r f fl .. _. ,. Legend e , South b RFP 2019-067-WG 44 APPENDIX H MIAMI BEACH Cleanliness Index RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida RFP 2019-067-WG 45 rganic Materials • No litter and/or debris floating on or in the water and up to the high tide watermark.No signs of • No or isolated instances of small fresh organic material. Extremely floating liquid. • No large organic material,such as tree limbs or palm fronds in the water and up to Clean • No extra-large pieces of litter,such as tires,grocery carts,etc. the high tide watermark. • No smell is being emitted. • Isolated pieces of litter floating on or in the entire area of water and up to the high tide watermark. • Less than 10%of about a 20 sq.foot area of water and up to the high tide No signs of floating liquid. watermark is covered by organic material,but occurring in no more than 10%of the 2 • No extra-large pieces of litter,such as tires,grocery carts,etc. entire water area. If occurring in more than 10%of the entire water area up to Clean • No smell is being emitted. the high tide watermark,then add 1 point. • No large organic material,such as tree limbs or palm fronds in the water and up to the high tide watermark. • Small amount of litter including floating liquids,such as oil.This includes litter floating on the • Between 10%-30%of about a 20 sq.foot area of water and up to the high tide water or in the water and up to the high tide watermark.More than two pieces of litter and less than watermark is covered by organic material,but occurring in no more than 10%of 5% of about a 20 sq.foot area of water up to the high tide watermark are covered by the litter,but the entire water area. If occurring in more than 10%of the entire water area up to occurring in no more than 10%of the entire water area up to the high tide watermark being assessed. the high tide watermark,then add 1 point. 3 • If the litter density is occurring between 10-25%of the water area up to the high tide watermark, • Between 1 and 3 pieces of large organic material,such as tree limbs or palm Somewhat then add 1 point from the rating scale. fronds in the water and up to the high tide watermark. Clean • If the litter density is occurring more than 25%of the water area up to the high tide watermark,then add 2 points from the rating scale. • No extra-large pieces of litter,such as tires,grocery carts,etc. • No smell is being emitted. • Small to moderate amounts of litter,including floating liquids,such as oil.This includes the litter • Between 30%-50%of about a 20 sq.foot area of water and up to the high tide floating on the water or in the water and up to the high tide watermark.Between 5%and 10%of watermark is covered by organic material,but occurring in no more than 10%of about a 20 sq.foot area of water up to the high tide watermark is covered by litter,but occurring in the entire water area up to the high tide watermark. If occurring in more than 10% 4 no more than 10%of the entire water area being assessed. of the entire water up to the high tide watermark,then add 1 point. Somewhat • If the litter density is occurring between 10-25%of the water area up to the high tide watermark,then • Between 4 and 10 pieces of large organic material,such as tree limbs or palm add 1 point to the rating scale. fronds in the water and up to the high tide watermark. Dirty • If the litter density is occurring more than 25%of the water area up to the high tide watermark,then add 2 points from the rating scale. • No extra-large pieces of litter,such as tires,grocery carts,etc. • Slight unnatural or foul smell is being emitted. • Consistent accumulation of trash including floating liquids such as oil.This includes litter floating • Over 50%of about a 20 sq.foot area of water and up to the high tide watermark are on the water or in the water and up to high tide watermark.Between 10%and 25%of about 20 sq. covered by organic material,but occurring in no more than 10%of the entire foot area of water up to the high tide watermark is covered by litter,but occurring in no more than water area up to the high tide watermark. If occurring in more than 10%of the 5 10%of the entire water area up to the high tide watermark being assessed. entire water area up to the high tide watermark,then add 1 point. Dirty • If the litter density is occurring between 10-25%of the water area up to the high tide watermark,then • Over 10 pieces of large organic material,such as tree limbs or palm fronds in the add 1 point to the rating scale. water and up to the high tide watermark. • One extra-large piece of litter,such as a tire,a grocery cart,etc. • Strong unnatural or foul smell is being emitted. • Large accumulation of litter and trash including floating liquids,such as oil.Over 25%of about a • 90-100%of about 20 sq.foot area of the water and up to the high tide watermark is 6 20 sq.foot area of water up to the high tide watermark are covered by litter.This includes litter floating covered by organic material. Extremely on the water or in the water and up to the high tide watermark.There may be evidence of illegal dumping. Dirty • Two or more extra-large pieces of litter,such as tires,grocery carts,etc. • Very strong unnatural or foul smell is being emitted. RFP 2019-067-WG APPENDIX I MIAMI BEACH Uniform Guidance Procurement Standards 2 CFR 200 .317-200 .326 RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 47 RFP 2019-067-WG APPENDIX II TO PART 200 CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 601.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work :�.t 48 RFP 2019-067-WG in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 74017671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Mandatory Standards and policies relating to energy efficiency which are contained in state energy conservation plan issued in compliance with Energy Policy and Conservation Act(42 U.S.0 6201). (I) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (K) Procurement Of Recovered Materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 49 RFP 2019-067-WG ATTACHMENT C CONSULTANTS RESPONSE TO THE (RFP) 6/2012019- • Detail by Entity Name DIVISION OF CORPORATIONS _DiV1310.ti S!f 0,0013.V.Org rLP 0.174 ity rk 014.3 un official Siam of Fkoida weinitt, impartment of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Profit Corporation AQUATIC CONTROL GROUP INC Filing Information Document Number P11000091534 FEI/EIN Number 82-1946936 Date Filed 10/19/2011 Effective Date 10/15/2011 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 07/07/2017 Principal Address 1501 NW 37 Street MIAMI, FL 33142 Changed: 04/18/2018 Mailing Address 8910 School House Road Coral Gables, FL 33156 Changed: 04/18/2018 Registered Agent Name&Address Brooks, Mark 8910 Schoolhouse Road Miami, FL 33156 Name Changed: 02/09/2019 Address Changed: 02/09/2019 Officer/Director Detail Name &Address Title VP, Secretary, Treasurer, Director Salazar, Jorge Luis 3604 NW 7 Street Miami, FL 33125 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=AQUATICCONT... 1/2 6/20/2019 • Detail by Entity Name Title President, Director Brooks, Mark 8910 School House Road Coral Gables, FL 33156 Annual Reports Report Year Filed Date 2018 04/18/2018 2018 04/30/2018 2019 02/09/2019 Document Images 02/09/2019--ANNUAL REPORT View image in PDF format 04/30/2018--AMENDED ANNUAL REPORT View image in PDF format 04/18/2018--ANNUAL REPORT View image in PDF format 12/15/2017--AMENDED ANNUAL REPORT View image in PDF format 07/07/2017—REINSTATEMENT View image in PDF format 02/01/2012—ANNUAL REPORT View image in PDF format 10/19/2011--Domestic Profit View image in PDF format Florida Department of State,Division of Corporations • search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=AQUATICCONT... 2/2 AQUATIC CONTROL GROUP, INC AQUATIC CONTROL GROUP, INC. Table of Contents • Tab 1 Cover Letter & Qualifications Requirements 1.1 Cover Letter 1.2 Organizational Chart 1.3 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A) References Vendor Campaign Contributions Code of Ethics Addendurns Tab 2 Experience & Qualifications 2.1 Qualifications of Prime Proposer 2.2 Qualifications of Prime Proposer's Team 2.3 Qualifications of Prime Proposer's Team (Sub-Consultants) 2.4 Licensure and Certifications Tab 3 Approach and Methodology 3.1.1 Routine Maintenance Operational Plan 3.1.2 Emergency Response Operational Plan Tab 4 Cost Proposal Completed Cost Proposal Form (Appendix E). iL. ESR . . ren ' Wan%F) 33142 t 3066 4423 I Aquat cptantmgteQnlui ..., Tab 1 Cover Letter & Qualifications Requirements • AQUATIC CONTROL GROUr, INC. City of Miami Beach 1755 Meridian Ave, 3rd Floor Miami Beach, FL 33139 Dear Sirs, Letter of Introduction Allow us to introduce our company, Aquatic Control Group INC. Aquatic Control Group INC. (ACG) specializes in aquatic maintenance of canals and water ways throughout Miami Dade County and Florida. We are committed to a strong social responsibility by providing ECO friendly solutions to our community. We provide aquatic maintenance, such as weed control and harvesting of unwanted growth, in and along the canals of Miami Dade County. Additionally, ACG maintains grass and weed growth below as well as above the water. Our fleet of boats collect floating debris and clean out clogged culverts along the waterway creating water flow. Our company uses state of the art equipment which allows us to have a smaller foot print on our environment. We offer our customers the option to be chemical free in controlling the growth of unwanted grass and growth in our water ways. ACG, has on staff a biologist with 22 years' experience with evasive weed control. With his expert guidance, he guides our employees on the correct ways of applying herbicides in the water in a safe manner both for our employees and the environment. We understand the importance of safety, which is why our uniformed employees use life vest and hard hats when operating our equipment around the water. Our priority, is to maintain a safe environment so our community can enjoy our water ways for years to come. ACG, assures The City of Miami Beach, that the quality of work being performed by our staff will be of the highest standards without compromise. Sincerely, Robert Muriedas,_ 0523 • _'e NW 37th 5t • Mtamt.Fl 43142 t 540 44 3 i Aquuiic :i+c.iiltni t w1�c��.a.+vtrt AQUATIC CONTROL GROUP. INC. Plan of Approach, Organizational Chart With our boat captain we have traveled and inspected your canals.Aquatic Control Group (ACG) has absolute confidence that we can maintain your waterways. With our years of experience working the environmentally sensitive waterways in the Florida Keys and Miami Dade County and throughout South Florida,we will approach your City in the same sensitivity and professionalism. We are trained and in compliance with all state and federal rules and regulations in Water Marine Work and fully subscribe to the protection of our threatened and endangered sea creatures. ACG owns and self operates all its equipment to perform the necessary tasks awarded. We do NOT use subcontractors. Our plan once awarded the contract will be to identify, remove, and transport all marine related debris from the City. Our project manager will coordinate with your Staff on the equipment needed and personnel required in order to keep your staff informed. We will advise your staff of any changes we see in order to efficiently and safely complete the task required. As the project begins ACG will provide daily project reports and work schedules for the next day of operations. Our objective is to complete the assigned task within your budget and in time using the upmost safety to our personnel and to the environment and its surroundings. ACG will be supplying all barges, heavy equipment, trucks and personnel to accomplish this mission and shall be working directly under the jurisdiction of the representatives of your City. The primary point of contacts for this project is our Operations manager and VP Robert Muriedas who makes a positive commitment to perform and complete these services. ACG is proposing to conduct all operations in the solicitation including debris removal above and below the water in The City of Miami Beach. • ININV 37tre it • Miami,ft 33142 1 305 546 4423 I Aquoti-eplcmtmgrift +CU.co Equipment List: 20 Ton Crane w/75 reach 0-10 S+FA , + ! \E b1 t }� !, - v4, . �. - ....._.�.a,.....o r -• Aquatic Harvester • ; a _ mss. 40'x 12 self-propelled barge with grapple Attachment t NIPM11.1.11111Zio aft" -Wax. "t f .yt •�.V \\ 45' barge self-propelled + ' Y di t E 2018 Peterbilt Grapple Truck Vrn • • DOT Turbidity Curtain . _ .— s 4 _• � - _ 41 J p. ':.,. U ,. , ! Landscape equipment complete - - " ,,, ' Service to cut and trim assigned areas Spray Boats t +'P" ,* ,, . - _ Trash collection Boat ' Amphibious Excavator _ \.. - AQUATIC ONTROL. GROUP, INC. ,.46i Key Personnel Background: On-Site Project Managers: Assigned to the City of Miami Beach Contract Robert Muriedas, Aquatic Control Group and Superintendent who will have overall responsibility for successful project completion. Mr. Muriedas has been Superintendent of ACG since its' founding in 2011.As a Florida resident and marine environmental contractor for over 9 years Robert has worked in various canals and water bodies in Miami Dade and Monroe Counties and Florida, on many occasions including overall responsibility of the debris removal from, canals after Hurricanes. ACG Organizational Chart is as follows: Key Personnel Background: On-Site Project Managers: Robert Muriedas, ACG Managing Partner and Chief Superintendent who will have overall responsibility for successful project completion. Mr. Muriedas has been Chief Superintendent of ACG since its'founding in 2011.As a Miami Dade resident and marine environmental contractor for over 9 years Robert has worked in every canal and water body in Miami Dade on many occasions including overall responsibility of the debris removal from canals after Hurricanes. Mr. Muriedas in charge of scheduling, administration and main point of contact to The City of Miami Beach. Adelquis Zorrilla,ACG Project Supervisor will be the ACG Project Supervisor. Mr. Zorrilla is responsible for the day to day operations and maintenance. Captains/Heavy Equipment Operators • Luis Languaney • Noelder Reyna • Jorge Allen • Gerald Lopez • John Tronolone: Captian w' € '?"'Pk St • M©mfa FR 33142 I 306 640 4423 1 Aquatic ptQ11 flwilitu T GHl.COi AQUATIC CONTROL GROUP. INC. ACG employees are trained in working in waters and identifying debris to be removed. Our employees are bi-lingual in communication and understand when working with the residents of Miami Beach that providing the upmost professional service is our goal. ACG understands when working around resident's property we are using the up most caution not to disturb or damage any property that are in the work area. • 1•f .:# a � , I., ,: NW 37th St • MhamL FL 33142 t 305 546 4423 I Aquaticplantmgt gmall.corn APPENDIX A MIAMIFF! M ' Proposal Certification , Questionnaire & Requirements Affidavit RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 18 RFP 2019-067-WG Solicitation No: Solicitation Title: RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal Procurement Contact: Tel: Email: William Garviso,CPPB 305-673-7490 WilliamGarviso cr.miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE& REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME:Aquatic Control Group Inc. NO.OF YEARS IN BUSINESS:2011 NOO.IOF YEARS IN BUSINESS LOCALLY: NO.II EMPLOYEES: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: None FIRM PRIMARY ADDRESS(HEADQUARTERS):1501 NW 37 Street CITY:Miami-Dade STATE:Florida ZIP CODE:33142 TELEPHONE NO.:305-546-4423 TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: 1501 NW 37 Street CITY:Miami-Dade STATE:Florida ZIP CODE:33142 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:Robert Muriedas ACCOUNT REP TELEPHONE NO.:305-546-4423 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: aquaticplantmgt@gmail.com FEDERAL TAX IDENTIFICATION NO.: FID# 82-1946936 The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure,resumes of relevant individuals, client information,financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. 19 RFP 2019-067-WG 1. Veteran Owned Business.Is Pro oser daimin• a veteran owned business status? YES X NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone, 5)Contact's Email and 6)Narrative on Scope of Services Provided. 4, Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an •ublic sector agency? YES X NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department with its proposal/response or within five(5)days upon receipt of request.The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations induding, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ 20 RFP 2019-067-WG 7. Living Wage. Pursuant to Section 2-408 of the City of Miami Beach Code, as same may be amended from time to time, covered employees shall be paid the required living wage rates listed below: 1. Effective January 1, 2018, covered employees must be paid a living wage rate of no less than $11.62 per hour with health care benefits of at least$2.26 per hour,or a living wage rate of no less than $13.88 per hour without health care benefits. 2. Effective January 1, 2019, covered employees must be paid a living wage rate of no less than $11.70 per hour with health care benefits of at least$2.74 per hour, or a living wage rate of no less than $14.44 per hour without health care benefits. 3. Effective January 1, 2020, covered employees must be paid a living wage rate of no less than $11.78 per hour with health care benefits of at least$3.22 per hour, or a living wage rate of no less than$15.00 per hour without health care benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft. Lauderdale,issued by the U.S.Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at http://www.miamibeachfl.aov/city-hall/orocuremenUprocurement-related-ordinance-and-procedures! SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal,LCP Tracker(LCPTracker.net). 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Proposer who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES x NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES x NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health x Sick Leave x Family Medical Leave x Bereavement Leave x If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http://www.miamibeachfi.gov/city-hall/procurement/procurement-related-ordinance-and- procedures/ 21 RFP 2019-067-WG 9. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,induding the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 13. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Recd Receipt Receipt RJM Addendum 1 Addendum 6 Addendum 11 RJM r Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 • Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. 22 RFP 2019-067-WG DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disdosure data, relating to the Proposal and the applicant induding, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk.Proposers should rely exclusively on their own investigations, interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Govemment-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 23 RFP 2019-067-WG PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. IName of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Robert Muriedas Managing Partner Signa • • •• •u • • -•esentative\ Date: Febuary, 14 2019 24 REP 2019-067-WG Reference and Past performance Putnam County 223 Putnam County Blvd, East Palatka, FL 32131 James Cuneo, Public Works Director. 386-329-0369, Email James.Cuneo@putnam-fl.com Remove Debris and vegetation along 20 Miles of canals. City of Doral 8401 NW 53Trr Stephanie Celaya, Public Works Director 305-593-6740 ext. 6024, Email Stephanie.celaya@cityofdoral.com Remove floating debris along the cities canals. DRC Emergency Services 110 Veterans Memorial Blvd Suite 515 Kristy Fuentes 504-220-7682, Email kfuentes@dreusa.com Debris removal in Monroe County after Hurricane Irma OAQUATIC CONTROL GROUP. INC. Vendor Campaign Contributions Aquatic Control Group understands and is familiar with the City's Campaign Finance Reform Laws, as codified in section 2-487 through 2-490 of the City Code. ACG is in compliance with the regulations that the City has in place. ACG will comply with all applicable governmental rules and regulations including, among others, the conflict of interests, lobbying and ethics provisions of the City of Miami Beach and Miami Dade County. Robert Muriedas Managing Partner Aquatic control Group ,r I INVil 3/In St • Miamt.Ft 33142 1 305 .546 4423 I Aquaticplc ntmQIOgesiail.corrm diAQUATIC CONTROL CAROL , INC. l Code of Business Ethics Aquatic Control Group Inc. will adopt as required in the ordinance, the City of Miami Beach Code of Ethics Resolution No. 2000-23879. ACG will comply with all applicable governmental rules and regulations including, among others, the conflict of interests, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. , Robert Muriedas Managing Partner Aquatic control Group. I .. I, 4 '‘tf 0 4.1. V i A\ ,' . ' ' • t ' ' ' , 4 i* 31in tit • Mgr*,FL 33142 1 36* b.46 4423 I Aquuatcplaritmgt gma corn MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue,3`d Floor, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490. ADDENDUM NO. 1 RFP 2019-067-WG ROUTINE AND EMERGENCY WATERWAY CLEANUP AND DEBRIS REMOVAL March 22, 2019 This Addendum to the above-referenced RFP is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only. I. REVISIONS 1. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 P.M., on Friday, April 12, 2019, at the following location. City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A subsequent Addendum # 2 will be issued with additional information and responses to questions received. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(a�miamibeachfl.gov. Procurement Contact: Telephone: Email: William Garviso 305-673-7000, ext. 6650 WilliamGarviso©miarnibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. a n /21.,,_.,,_ tvzr 6:;,.0__ __ . Alex r tis 1 MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3`d Floor, Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305.673.7490. ADDENDUM NO. 2 RFP 2019-067-WG ROUTINE AND EMERGENCY WATERWAY CLEANUP AND DEBRIS REMOVAL March 27, 2019 This Addendum to the above-referenced RFP is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only. I. REVISIONS 1. Revised Appendix F, Insurance Requirements, to include Jones Act Coverage, as required by law. 2. Revised Section 0200 Instruction to Respondents and General Conditions, Paragraph 8, entitled Special Notices as follows: The revised link to Ordinances/Resolutions is as follows: the https://www.miamibeachfl.gov/city-hall/procurement/procurement-related- ordinance-and-procedures/ II. ATTACHMENTS 1. Exhibit A, copy of current Agreement ITB 61-11/12 2. Exhibit B, Pre-proposal Conference Sign-in-Sheet 3. Exhibit C, Byrd Anti-Lobbying Certification III. ANSWERS TO QUESTIONS RECEIVED Q1) Pursuant to Appendix C Paragraph 2.14. Is it required that all routine waterway maintenance services be performed between the hours of 8:00AM through 5:00PM? Al) Contractors are to propose a schedule to provide routine waterway maintenance that shall be performed between the hours of 8:00AM through 5:00PM, Monday through Friday, and no less than three (3) service days per week. Complaints submitted between the hours of 8:00AM through 5:00PM, Monday through Friday, must be addressed within a business day after its receipt regardless of the proposed routine waterway maintenance schedule, at no additional cost to the City. In the event that the Proposer does not address the requests within the allotted time, they shall be responsible to reimburse any fees incurred by the City to address the request and/or complaint. 02) In cases where divers are necessary to locate and attach debris for lifting, what are the 1 Exhibit C Byrd Anti-Lobbying Certification 7 CERTIFICATION REGARDING LOBBYING The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract,grant,loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents of all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub- recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, United States Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Organization: Aquatic Control Group Inc. Street address: 1501 NW 37 Street City, State,Zip: Miami, Fl 33142 Robert Muriedas CERTIFIED BY:' " or pant Managing Partner TITLE: 03/28/2019 (' gttature) ?date) Approved by OMB 0348-0046 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a.contract a.bid/offer/application a. initial filing b.grant b. initial award b.material change c.cooperative agreement c.post-award d. loan For material change only: e. loan guarantee Year quarter— f.loan insurance Date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter _ Prime Subawardee Name and Address of Prime: Tier ,if Known: Congressional District,if known: Congressional District,if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,if applicable: 8. Federal Action Number,ifknown: 9. Award Amount.if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (f individual, last name,first name, MI): different from No. 10a) (last name,first name. MI): 11. Information requested through this form is authorized by title 31 U.S.C.section 1352. This Signature: disclosure of lobbying activities is a material representation of fact upon which reliance was placed Print Name: by the tier above when this transaction was made or entered into.This disclosure is required pursuant to 31 Title: U.S.C. 1352.This information will be reported to the Congress semi-annually and will be available for public Telephone No.: Date: inspection.Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form- LLL(Rev.7-97) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is,or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name, address,city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name,if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements, loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitations for Bid(IFB) number;grant announcement number; the contract,grant,or loan award number;the application/proposal control number assigned by the Federal agency). Included prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s)performing services,and include full address if different from 10(a). Enter Last Name, First Name,and Middle Initial(Ml). 11. The certifying official shall sign and date the form, print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No.0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0046),Washington, DC 20503 Tab 2 Experience & Qualifications oAQUATIC CONTROL GROUP, INC. Qualifications of prime proposer Robert Muriedas, is the point of contact for all projects related to Aquatic Control Group (ACG). He has been in the recovery industry for over 25 years and has specialized in rigging of large objects both in and out of the water. Safety is the number one concern when it comes to operations of the company. With several certifications and class hours he brings that level of professionalism and leadership to the projects that make us stand out above the competitors. Mr. Muriedas communication skills and decision making ability will make any issues that may arise during the project come to a manageable resolution. He is a Certified Recovery diver with years' experience working in waterways and canals throughout South Florida, working with local municipalities and their residents ACG understands the importance to have an understandable resolution to any issue that may arise .. , 1 5,01 NW 37th St ' Mi .ILL 33142 i 305 S46 4423 I Aquatscplantrngt gmaii.COm AQUATIC CONTROL GROW' ., INC. 111I Qualifications of Prime Proposers Team Adelquis Zorrilla: Mr. Zorrilla has vast experience in all aspects of the construction industry, ranging from marine construction and dredging, land development and infrastructure construction. Mr. Zorrlla has extensive knowledge working in the sensitive waters of the Florida Keys and applying that knowledge working within the guidelines of the EPA. He has the ability to handle complex situations when it comes to working in water after major storms also he is a certified recovery diver. Mr. Zorilla is also proficient at repairing our equipment in the field. These additional skills of repairing equipment has proved invaluable. Jorge Wilfredo: Mr. Wifredo is a hard working individual that comes from the landscaping industry. He has worked with heavy equipment that is used for harvesting and crop maintenance. He has transferred that knowledge from land maintenance to water maintenance. His knowledge with how to cut trees and remove debris from the water has proved to be an overwhelming asset to the company. Gerald Lopez: Mr. Lopez comes to Aquatic Control from the logging industry in Montana. He is trained in the operation of heavy duty equipment that has proved to be an asset to the company. His ability to handle our Amphibious Excavator in extremely difficult terrane on a project in Putnam County proved to separate our company from the rest. He is also proficient using chippers and heavy grapple equipment. Mr. Lopez is also a mechanic and is able to repair equipment if the field. His ability to operate and train our employees has proved to be invaluable. _ , ' k.,`1 4W 37m ST . MtaRH.Ft 43142 1 305 540 4423 I AqudttCpiun*rfgt rinit..vt7ni AQUATIC CONTROL GROL! , INC. John Tronolone: Mr. Tronolone was born in the beautiful City of Miami Beach.Attended Beach High School and is also a Licensed Boat Captain. As an avid fisherman,John knows the waters of Miami Beach intimately. He has owned and operated a boat his entire life. He comes to Aquatic Control with his knowledge of the waters and has proved to be extremely capable of captaining our barges. His skills at navigating the waters has proved valuable as we grow as a company working the outlets and finger channels throughout the State Of Florida. Mr.Tronolone has three rules,safety, safety and safety. Mr.Tronolone always concerns himself with the safety of the team and being respectful on the water. Aquatic Control is extremely fortunate to have such a skilled boat captain and environmentally friendly teacher for our team. Noelder Cancino Rayes: Mr. Rayes is a hard working individual that comes from the landscaping industry. Aquatic Control noticed his work ethic and literally asked him to work for the company. He has worked with heavy equipment that is used for harvesting and crop maintenance. He has transferred that knowledge from land maintenance to water maintenance. His knowledge with how to cut trees and remove debris from the water has proved to be an overwhelming asset to the company. As his knowledge of water maintenance grows so does his responsibilities. Mr. Rayes has proved to be an overwhelming asset to the company + ' # ; P. II t 441104 1t7 tt- St Arttomi, ft 331412 r NOS S46 4423 i Aquattcptantm gmott corn AQUATIC CONTROL GROW , INC. 2.3 Qualifications of Prime Proposer's Team (Sub-Consultants) Aquatic Control Group does not use any Sub-Consultants for any of our projects. Aquatic Control does the service with its own employees. NW 37th St • Waft,FL 33142 1303644 4423 I Aquatxcptont►ngti »vr;.c.:,rn 2019 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P11000091534 Feb 09, 2019 Entity Name:AQUATIC CONTROL GROUP INC Secretary of State Current Principal Place of Business: 3080998515CC 1501 NW 37 STREET MIAMI, FL 33142 Current Mailing Address: 8910 SCHOOL HOUSE ROAD CORAL GABLES, FL 33156 US FEI Number: 82-1946936 Certificate of Status Desired: No Name and Address of Current Registered Agent: BROOKS,MARK 8910 SCHOOLHOUSE ROAD MIAMI,FL 33156 US The above named entity submits this statement for the purpose of changing its registered office or registered agent.or both.in the State of Florida. SIGNATURE: MARK BROOKS 02/09/2019 Electronic Signature of Registered Agent Date Officer/Director Detail : Title VP,SECRETARY,TREASURER, Title PRESIDENT,DIRECTOR DIRECTOR Name BROOKS,MARK Name SALAZAR,JORGE LUIS Address 8910 SCHOOL HOUSE ROAD Address 3604 NW 7 STREET City-State-Zip: CORAL GABLES FL 33156 City-State-Zip: MIAMI FL 33125 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that t am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears above.or on an attachment with all other like empowered. SIGNATURE: MARK BROOKS PRESIDENT 02/09/2019 Electronic Signature of Signing Officer/Director Detail Date ......_____. or................ LBT local Business Tax Receipt Miami—Dade County,State of Flo -THIS IS NOT A Btll-DO NOT PAY 723342 EXPIRES RECEIPT NO. ,. BUSINESS CONTNAME/LOCATION SEPTEMBER 30, 2019 AQUATIC CONTROLLGROUP INC RENEWAL7529686 Must be displayed at place of business 1501 NW 37 Pursuant to County Code MIAM,FL 33142 Chapter 8A-Art.9&10 SEC.TYPE OF BUSINESS OWNER PAYMENT RECEIVED AQUATIC CONTROL GROUP INC 207 ADMIN BY TAX COLLECTOR C/O ROBERT MURIEDAS OFFICE/OPERATION 49.50 04/01/2019 111 CTR 022 -13-005102 Employees) 1 This local Business Tao Receipt only confirms payment of the local Business Tax.The Receipt is not a license. permit.or a certification of the holder's qualifications,to do business.Holder must comply with any governmental or nonyo.eramental regulatory laws and requirements which apply to the business. The RECEIPI N0.above must he displayed on all commercial vehicles-Miami-Dade Code Sec fta-215. NIAN For more inlormation,visit yyvyyt.miylRlltlfggagy acollectot II /�{' -----1——.ra-RRA8LEv-,a-a,c-Jr.. -r...... 1 t11J IJ IVUI M GILL V ; )n afty of piur i NOT TRANSFERRABLE OR VAUD AT ANOTHER ADDRESS Q UNLESS APPROVED BY THE FINANCE DEPARTMENT, DO NOT PAY to 'kW" CITY OF MIAMI 444 S.W.2 AVE BTM FLOOR,MIAMI,FL 33130, ca PHONE(305)4161918. cn E Effective Year Oct.1 2018 Thru Sep.30 2019 Lj ' .c i RECEIPT FOR Aquatic Control Group inc. Tea orysbams of a bowiee.lis tempt doss not .3 1 permit Ute hoaw toa pt Sat any coning leve of w ISSUED Oct 13,2018 TOTAL FEE PAID 131.00 Cay 10`does Oat may 81e'"0'w nolda by t`01n°1r licence m v permits d+d nwr Ota e.netmowedOY lcw. _ mit. holder does nal 00 toad a CeNAneon C wt be holder u a0000�d to w,y.ye in Ine tt1 1A au.rsa woksswn or oou,Fat,on.Peoeed nae,n c) The document ndc tae payment of w bootless C/) to snip only.ACCOUNT NUMBER 152764 RECEIPT NUMBER 180239 NAME OF BUSINESS Aquatic Control Group inc. t DBA e LOCATION 1501 NW 37 ST a . IS HEREBY IN COMPLIANCE 201 9 TO ENGAGE IN OR MANAGE THE OPERATION OF: ADMINISTRATIVE OFFICE Erica T.Paschal • Finance Director r I 0 r r mu 4,47,00-�. x T�ExiL` j �Yxi�2$p pmt t U _ 'a 5 i I EMERGENCY MAN^GEMENT INSTITUTE This is to acknowledge that Cobert inluriedns has successfully completed training to become a member of a Community Emergency Response Team SUW.u.wd.a. .. .r.d / eo•ne fan,.p. 30/ryr Ga rubs fm.162.Oa 1996 _.__....... -1thel sbyi it LEO N • i U Certificate of Achievement ; awarded to 1 SI ROBERT MURIEDAS CO For completion of t ollowing training sessions RISS RANAGRRENT,SSR BASIC RIGGING PLAN,INSPECTION OF SARONAAE,INSPECTION OF SLEMGO SLINGS AND THEIR CAPACITIES,TSR RIGQIIR TRIANOLR,APPLICATION OF RARDYARE as a part of the Crosby Communication System on this zea day of PlerUarr 2006 Q . 64cotal....:..,1 gxsCrosby.n.t,Ustity ti v. 0.J i._-.-- Certificate of Achievement a v; -i to: RobertL.- . ; rkkdas HazMat Transportation "Security Depends On You" In Cooperation with South Florida Towing Association. 49CFR I71-180 "Ace Protective Services, 16`"August 2003 Prepares the I nprepared" Instructor Phil Benincasa G Scanned with CamScanner Certificate of Achievement awarded to: 4 Roberto Muriedas Hazwoper First Responder1 "Awareness Level" in Cooperation with South Florida Towing Association OSHA 1910.120 —Ou 16"August 2003 — "Ace Protective Services, Instructor Louis Cimino Prepares the unprepared" Instructor Phil Benincasa 1 i Scanned with CamScanner Tab 3 Approach & Methodology 3.1.1 Routine Maintenance Operational Plan The following list of equipment will be available to the City of Miami Beach for this award. 2 kayaks to clean up sensitive areas Small powered boat 14' Open deck 20'x9' powered debris collection boat 8" draft Open deck 16'x9 powered debris collection boat 8" draft Grapple Barge 30'x12' powered barge capable of retrieving debris below the water up to 18'with a lift capacity of 5000 pounds 80'x12' barge with a capacity of 60,000 lbs 2018 Peterbuilt Grapple Truck to remove and haul debris if necessary Amphibious Excavator if necessary 2. Our plan of operation is simple. We have done canal maintenance in other municipalities and understand what your residents require. We pay attention to the little things. Our plan is to be on the water at a minimum of 3 days a week. If we can't finish our objective in 3 days our team will be out the next day to assure your residents a pristine waterway. We will have two (2)teams for the first month to assure we understand the navigational nuances. Once we have a comfort level working your canals we can make adjustments accordingly. 3. After a thorough inspection of your waterways, most debris will be floating plastic bottles,tree limbs, coconuts, seaweed and small pieces of debris that our crew can handle with nets, hooks and other equipment for small items. However, we recognize we will have large trees, docks and other debris that require a grapple. If this situation becomes apparent we will radio operations to deliver a grapple at a site designated. Our operations and equipment are located at 1501 NW 37th street. We have a short journey on the Julia Tuttle and can be at the designated disposal site within 10 minutes. 4. Our operations schedule will be handled by Aquatic Control Director of operations (Robert Muriedas) personally. He will handle the men and operations for the Miami Beach contract. The contract calls for at least 3 days of service to accomplish proper canal maintenance. However, if Mr. Muriedas feels he needs more time on the water he will not hesitate to finish the job. We appreciate the sensitivity of this contract. Mr. Muriedas will provide to the city his contact information to be used 24-7. In addition, we encourage your residents to have our number as well.This is a community effort and we support all input. 5. Aquatic Control understands how sensitive working on the water can be.That's where we excel. John Tronolone is a Licensed Boat Captain that has trained our team on all safety issues.That includes other vessels as well. Situations will arise, it's just how one communicates.The consumer is always right. Kindness will win the day. In addition, we realize that the residents own boats and care for them like we care for our equipment. We will have the upmost respect working around the resident's property. 6. Our GPS tracking provider provides all the required information that the City of Miami Beach is requesting. We will provide daily and weekly reports as well as having the capability to track the assigned vessel in real time. We will provide access to our system to the city's assigned reprehensive for this project, if requested. Aquatic Control Groups Employees will photograph all debris and will submit with the weekly reports to the city. Also side scan sonar will be available for large underwater objects that we encounter. 3.1.2 Emergency Response Operational Plan 1. The following list of equipment will be available to the City of Miami Beach for this award. 2 kayaks to clean up sensitive areas Small powered boat 14' Open deck 20'x9' powered debris collection boat 8" draft Open deck 16'x9 powered debris collection boat 8" draft Grapple Barge 30'x12' powered barge capable of retrieving debris below the water up to 18' with a lift capacity of 5000 pounds 80'x12' barge with a capacity of 60,000 lbs 2018 Peterbuilt Grapple Truck to remove and haul debris if necessary Amphibious Excavator if necessary 2. After a storm passes, a thorough inspection of your waterways will be completed and a determination of equipment necessary will be implemented. Having said this, our team will be diligent and proactive in removing storm debris from your waterways. Again, out facilities are 10 minutes from the City and all necessary equipment can be deployed upon a moment's notice. Our operations and equipment are located at 1501 NW 37th street. We have a short journey on the Julia Tuttle and can be at the designated disposal site within 10 minutes. 3. Aquatic Control Group has worked on numerous projects after major storms. We have overwhelming experience disposing of storm debris. The waste and debris that is collected from the waterways will be disposed of in an authorized dumping facility. Aquatic Controls Grapple truck as well as our cranes and other equipment can remove all collected debris in a safe and orderly manner. The city or Aquatic Control will determine the safest area to load and unload debris. We will coordinate this with the city's representative after the storm. All of our equipment will be stored at our facility across the bridge in the City of Miami. Again, our facilities are only a 10 minute from your city. 4. Aquatic Control Group understands how sensitive working on the water can be. That's where we excel. We understand how important it is to the City of Miami Beach and its residents when it comes to removing debris from their property. Our experienced operators take the upmost care in removing any type of debris and we will document before and after pictures to ensure the quality and care of our work being done in a professional manner. We have a licensed boat captain that has trained all the employees on water navigation and safety. S. Aquatic Control group will follow all FEMA guidelines when it comes to removing and dumping of debris from the city's waterways. All debris will be separated into categorizes as per our contract and be recorded from which location the debris was removed. 1. Segregate waste types (e.g. vegetative, C&D, white goods, household hazardous waste, electronic Waste, animal carcasses, sand and mud, etc.). 2. Chipping, recycling, or disposals within permitted landfills are preferred methods of Disposal. Tab 4 Cost Proposal APPENDIX E M Ato B EAr imb Cost Proposal Form RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal PROCUREMENT DEPARTMENT 1 755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 37 RFP 2019-067-WG APPENDIX E COST PROPOSAL FORM Failure to submit,Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of •ro•osals will result in •ro•osal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the cost proposal form below represents the entire cost of the items in full accordance with the requirements of this RFP, inclusive of its terms, conditions,specifications and other requirements stated herein,and that no claim will be made on account of any increase in wage scales,material prices,delivery delays, taxes,insurance,cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form shall be completed mechanically or, if manually, in ink. Cost Proposal Form completed in pencil shall be deemed non-responsive.All corrections on the Cost Proposal Form shall be initialed. Total Estimated (c) Quantity Unit Cost(b) (Quantity x Unit Cost) Item Descri•tion a a x b =c Monthly Service Rate for Waterway 1.1 Maintenance-North* 24 months $ 6,800.00 Monthly $ 163,200.00 1.2 Additional Day Rate* 10 days $ 850.00 Daily $ 8,500.00 1.3 Spot Run Flat Fee* 5 runs $ 400.00 Run $ 2,000.00 Monthly Service Rate for Waterway 1.4 Maintenance-South* 24 months $ 6,800.00 Monthly $ 163,200.00 1.5 Additional Day Rate* 10 days $ 850.00 Daily $ 8,500.00 1.6 S•ot Run Flat Fee* 5 runs $ 400.00 Run $ 2,000.00 TOTAL GROUP 1 Total 1.1 throu•h 1.6 $ 347,400.00 Total Estimated (c) Quantity Unit Cost(b) (Quantity x Unit Cost) Item Descri•tion a a x b =c 2.1 Emer•enc Res•onse Dail Rate 10 da s $ 2,500.00 Dail $ 25 000.00 15,000 Collection and Disposal of Vegetative cubic 2.2 Debris ards $ 52.00 CubicYard $ 780,000.00 5,000 Collection and Disposal of Other cubic 49.00 2.3 Debris ards $ CubicYard $ 245,000 TOTAL GROUP 2(Total 2.1 throu•h 2.3) $ 1,050,000.00 TOTAL COST FOR GROUPS 1 AND 2 1,397,400.00 The Total Cost for Grou•s 1 and 2 shall be utilized to allocate Cost Points in the Evaluation of Pro•osals. $ *Requires compliance with Section 2-408, Living Wage Requirements, of the City Code. Bidder's Affirmation Company: Aquatic Control Group Inc. Authorized Representative: Robert Muriedas Address: 1501 NW 37 Street, Miami Fl 33142 Telephone: 305-546-4423 Email: aquaticplantmgt@gmail Authorized Representative's Signatur - RFP 2019-067-WG 38 ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F M I AM I B LAC H Insurance Requirements RFP 2019-067-WG Routine and Emergency Waterway Cleanup and Debris Removal PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2019-067-WG 39 MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the Proposer is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers Compensation or Longshore and Harbor coverage, as required by law. XXX 2. Protection & Indemnity coverage to include bodily injury and property damage. XXX 3. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 4. Other Insurance as indicated: Builders Risk completed value $ .00 _Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 5. Thirty (30) days written cancellation notice required. XXX 6. Best's guide rating B+:VI or better, latest edition. XXX 7. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. RFP 2019-067-WG 40