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Professional Services Agreement between CMB & D.&. J, Enterprises, INC DocuSign Envelope ID:508673D6-AE71-4A4B-8B25-6AD2CCC1E8EB 20 2 4 - 3 2 8 6 0 FEB rb2024 Contract No. 23-431-04 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND D. & J., ENTERPRISES, INC. FOR DEBRIS REMOVAL AND DISASTER RECOVERY SERVICES PURSUANT TO RFP-2023-431-ND ?(� This Professional Services Agreement ("Agreement") is entered into this FEB �E eCtV 4 Date"), 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 D. & J., ENTERPRISES, INC., a Corporation, whose address is 3496 Lee Road 10, Auburn, Alabama 36832 ("Contractor"). 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 administer this Agreement on behalf of the City. The City Manager's designee shall be the Public Works Department 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. 2023- 431-ND for Debris Removal and Disaster Recovery Services 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. Federal Documents are located in RFP, Appendix F. Citywide Procedure No.16.06 Procurement Requirements for Federally Funded Grants and Projects, or as amended; and Bid Submittal Questionnaire pages 9 and 10. 1 DocuSign Envelope ID 508673D6-AE71-4A4B-8825-6AD2CCC1E8EB Contract No.23-431-04 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. 26724; and fax number(305)673-7529. SECTION 2 SCOPE OF SERVICES 2.1 Contractor shall serve as the 2ND TERTIARY Contractor and shall provide the work and services described in Exhibit"A" Scope of Services, attached hereto (the Services) 2.2 in consideration of the Fee to be paid to Contractor by the City, Contractor shall provide the work and services described in Exhibit"A" hereto(the"Services"). Although Contractor may be provided with a schedule of the available hours to provide its Services, the City shall not control nor have the right to control the hours of the Services performed by the Contractor; where the Services are performed (although the City will provide Contractor with the appropriate location to perform the Services); when the Services are performed, including how many days a week the Services are performed; how the Services are performed, or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services 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: Bradford Kaine Public Works Division Director 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7000 2.3 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(the Effective Date set forth on p. 1 hereof), and shall have an initial term of three (3) years with two (2) additional one-year periods to be exercised at the City Manager's sole option and discretion, 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. 2 DocuSign Envelope ID 508673D6-AE71-4A4B-8B25-6AD2CCC1E8EB Contract No.23-431-04 SECTION 4 FEE 4.1 In consideration of the performance of the services, the Contractor's sole compensation shall be limited to Disaster Debris Eligible materials under FEMA and FHWA programmatic guidelines including but not limited to current FEMA PA Guides, and in accordance with the prices established in the cost proposal attached hereto as Exhibit"B." If any load is determined to contain material other than Eligible Debris, the load will not be accepted, and the Contractor will not be paid for removing, hauling, disposing or processing that load. If the City representative or City monitoring firm directs Contractor to remove and haul debris, in writing, as evidence by a load ticket (Load Ticket(s)), then Contractor will be paid for such service, In consideration of the Services to be provided, Contractor shall be awarded and compensated for all work through individual Consultant Service Orders ("CSO") attached hereto as Exhibit "C" issued for a particular project, on a "Lump Sum" or "Not to Exceed" fee for provision of the Services, or portions thereof, as may be set forth and described in the CSO issued for a particular Project, subject to negotiation between City and Contractor, in accordance with the established cost proposal, attached hereto as Exhibit "B." Notwithstanding the preceding, the total fee paid to Contractor pursuant to this Agreement shall be subject to funds availability approved through the City's budgeting process. 4.2 Payment for work completed by the Contractor may be invoiced on a monthly basis, commencing with the first day of the month following the first full month of service. (A) Invoices shall be based on verified and approved cubic yard/tonnage quantities from the daily operational reports and valid Load Tickets signed by the City's authorized representative. (B) Payment for verified and authorized work completed shall be made to the Contractor within forty-five (45) calendar days after the date on which a proper invoice is received by the City. (C) The Contractor may invoice the City pursuant to the cost proposal, attached hereto as Exhibit "B." (D) Travel and per diem costs incurred by the Contractor, or any employees/subcontractors of the Contractor, during the term of this Contract shall be paid by the Contractor. The City will not pay any travel or per diem costs incurred by the Contractor. (E) Other than the rates described herein, the Contractor shall not be entitled to payment or expenses, fees or other costs incurred at any time and in any connection with performance of work under this Agreement, except for pass through tipping fees. (F) Any Contractor or subcontractor that is identified on the List of Parties Excluded from Federal Procurement and Non-procurement Programs shall not be authorized to perform services as outlined in the Scope of Service and the said Contractor/subcontractor shall not be paid for any services performed. 4.3 The Contractor shall be entitled to invoice the City for 90% of the line items, after work is completed, on a monthly basis (the first of each month). The remaining 10% will become due 3 DocuSign Envelope ID:508673D6-AE71-4A4B-8825-6AD2CCC1E8EB Contract No.23-431-04 after all Eligible Debris is properly processed and disposed of at the final disposition site(s), the TDSRS final closure and remediation process is approved by the City, and the Contractor submits a proper, final invoice. Final payment shall be released to the Contractor upon approval by the City. 4.4 Any Reimbursable Expenses must be authorized, in advance, in writing, by the City Manager or corresponding Department's Director, Invoices or vouchers for Reimbursable Expenses shall be submitted to the corresponding Department's Director (along with any supporting receipts and other back-up material required to support the amount invoiced, and as requested by the corresponding Departments Director). Contractor shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement." Only actual amounts incurred and paid (requiring proof of payment) by the Contractor shall be invoiced, without any markups and/or additions. Reimbursable shall be approved in accordance with the City's 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). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Accounts Payable: Pa_yables@miamibeachfl.gov 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 terrn(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, shalt 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. 4 DocuSign Envelope ID:508673D6-AE71-4A4B-8825-6AD2CCC1 ESEB Contract No,23-431-04 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 CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT 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 CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT 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, defend 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, for personal, economic or bodily injury, wrongful death, foss of 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, employees, 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. 5 DocuSign Envelope ID:508673D6-AE71-4A4B-8B25-6AD2CCC1 E8EB Contract No.23-431-O4 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 6.3 The Contractor shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement. The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the Agreement. A. Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit(i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or(ii)a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if Contractor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Professional Liability (Errors & Omissions) Insurance appropriate to the Contractor's profession, with limit no Tess than $1,000,000. 6.4 Additional Insured _. City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation)arising out of work or operations performed on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Contractor's insurance. 6.5 Notice of Cancellation -- Each insurance policy required above shall provide that coverage shall riot be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. 6.6 Waiver of Subrogation — Contractor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this 6 ey.), DocuSign Envelope ID:508673D6-AE71-4A4B-8B25-6AD2CCC1 E8EB Contract No.23-431-04 provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. 6.7 Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i,e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. 6.8 Verification of Coverage— Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER ON ALL COI MUST READ: CITY OF MIAMI BEACH c10 EXIGIS Insurance Compliance Services P.U. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach(c riskworks.com 6.9 Special Risks or Circumstances — The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 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. DocuSign Envelope ID:50867306-AE71-4A48-8825-6AD2CCC1E8E8 Contract No.23-431-04 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. 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 Services 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 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 specificat,ons, 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 he 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-consultants, without the prior written consent of the City Manager. 8 (?),/, DocuSign Envelope IDS 508673D6-AE71-4A4B-8B25-6AD2CCC1E8EB Contract No.23-431-04 SECTION 10 GENERAL PROVISIONS 10.1 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. 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Contractor, the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal)submittals, activities of the Contractor its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 9 DocuSign Envelope ID:50867306-AE71-4A4B-8B25-6AD2CCC1 E8EB Contract No.23-431-04 (D) The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records, (E) The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Contractor shall not subcontract, assign, or transfer all or any portion of 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 DocuSign Envelope ID 508673D6-AE71-4A4B-8B25-6AD2CCC1 EBEB Contract No.23-431-04 10.4 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. 10.5 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. 10.6 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 shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 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 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 J 11 DocuSign Envelope ID:508673D6-AE71-4A4B-8B25-6AD2CCC1E8EB Contract No.23-431-04 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. 119.1 Q. (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. (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 12 DocuSign Envelope ID:508673D6-AE71-4A4B-8025-6AD2CCC1E8EB Contract No. 23-431-04 after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'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 10.8 FORCE MAJEURE (A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no 13 DocuSign Envelope ID:508673D6-AE71-4A4B-8B25-6AD2CCC1E8EB Contract No.23-431-04 longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Contractor of such termination. If the Agreement is terminated pursuant to this section, 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. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) Contractor shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Contractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Contractor shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract Term. If Contractor enters into a contract with an approved subconsultant, the subconsultant must provide the Contractor with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Contractor for cause, and the City shall thereafter have or owe no further obligation or liability to Contractor. (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9(A), but the Contractor otherwise complied with such 14 DocuSign Envelope ID:508673D6-AE71-4A4B-8B25-6AD2CCC1E8EB Contract No.23-431-04 subsection, the City will promptly notify the Contractor and order the Contractor to immediately terminate the Agreement with the subconsultant. Contractor's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate the Contractor's contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Contractor or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1)or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Contractor under the foregoing Subsection (B)(1), Contractor may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Contractor is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. SECTION 11 NOTICES Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: D., &J., Enterprises, Inc. Attn: Jason Sanders 3495 Lee Road 10 Auburn, Alabama 36832 Ph: 334-821-1249 1334-559-0106 E-mail: jason aAdtenterprises.net TO CITY: City Manager's Office Attn: Alina T. Hudak, City Manager City of Miami Beach 1700 Convention Center Dr. 4th Floor Miami Beach, FL 33139 Email: alinathudakt@miamibeachlf.gov WITH A COPY TO: Public Works Division Director Attn: Bradford Kaine 1700 Convention Center Drive Miami Beach, FL 33139 Ph: (305)673-7000 E-mail: BradfordKaine(7miamibeachfl.gov All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. 15 r DocuSign Envelope ID:508673D6-AE71-4A4B-8B25-6AD2CCC1E8EB Contract No.23-431-04 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 LET INTENTIONALLY BLANK] 16 DocuSign Envelope ID:50867308-AE71-4A4B-8B25-6AD2CCC1E8EB Contract No.23-431-04 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: • By: Rafael . Gran do, City Clerk a T. Hudak, City Ma ager Date: FB 2 6 2024 FOR Contractor: APPROVED AS TO FORM &LANGUAGE D. &J., ENTE , INC. &FOR EXECUTION B : i7H-1,161\--C4btov— 0( 31)2q 14 City Attorney 44 Date Print Name and Title / /ce ' P Pn� (, �` nter �'' Date: 1— �, / .‘�4r ' CORp0 o''= m a I 1,�‘‘\``\`; 17 l.� DocuSign Envelope ID:50867306-AE71-4A4B-8825-6AD2CCC1 E8EB Contract No.23-431-04 EXHIBIT A SCOPE OF SERVICES A3 Specifications pursuant to Appendix A Section A3 of the Request for Proposal (RFP), 31 Minimum Staffing Requirements. Contractors must familiarize themselves with City's Debris Management Plan, including but not limited to the City's division of its geographic area into 16 work zones. The Contractor must be able to expand or contract operations based on the size and nature of the disaster and in consultation with the City. However, the Contractor must, within 48 hours of written authorization to proceed by the City, deploy no less than one (1) full debris removal crew in each of the 16 zones, capable of removing a minimum of 200 yards per day to the Temporary Debris Storage and Reduction Sites(TDSR) (see current Federal Emergency Management Agency (FEMA) guidance on debris removal crew and equipment makeup). Contractor must provide all labor, equipment, and materials required to complete any tasks under this contract. 3.2 Debris Removal and Management. Contractor shall be responsible for the removal and proper management of disaster-related debris posing a threat to life or property. Contractor shall proceed under individual work authorizations approved by the City. Work shall be limited to eligible debris within the scope of work defined by the RFP and relevant FEMA guidelines and regulations. 3.3 Supervision by Successful Proposer, Under the general oversight of the City, Contractor shall supervise and direct all of its work, workers, subcontractors, and equipment. Contractor is solely responsible for the means, methods, techniques, sequences, safety programs, and procedures utilized, Contractor shall employ and maintain on the work sites a qualified Supervisor(s) who shall have full authority to act on behalf of Contractor, and all communications given to the supervisor in writing by the City shall be as binding as if given to Contractor. 3.4 Technical Assistance. Contractor shall provide disaster recovery technical assistance to City's Administration. This service shall include debris documentation and management for the FEMA public assistance program, including planning,training,and exercise development. 3.5 Quality Assurance. Contractor shall provide sufficient supervision and programmatic controls to ensure compliance with procedural and regulatory standards established by FEMA, State of Florida,and the City of Miami Beach. 3`6Emergency Road Clearance. Contractor shall accomplish the cutting, tossing, and/or pushing of debris, hanging limbs, or leaning trees from primary roads as identified and directed by the City. The debris shall be stacked on the right- of-way to allow passage of vehicles along the primary transportation routes, To the extent permissible under controlling FEMA debris monitoring guidelines, this work shall be accomplished using the hourly labor and equipment rates provided in the Cost Proposal of this RFP. 18 DocuSign Envelope ID:508673D6-AE71-4A4B-8B25-6AD2CCC1E8EB Contract No.23-431-04 3,7 Operation of Temporary Debris Storage and Reduction Sites("TDSR"). The City currently has one site approved for use as a TDSR, located at 2800 Meridian Avenue, Miami Beach, FL 33139, If an additional TDSR is required, the City of Miami Beach will coordinate site establishment and permitting activities. The Meridian Avenue site is currently permitted as a green waste facility. The Florida Department of Environmental Protection (DEP) has approved its use as a TDSR in prior tropical storms and hurricanes. The City makes available any TDSR site to the Contractor at no lease/rent charge; however, the Contractor is responsible for all TDSR operations (including development, preparation, and maintenance of the site during debris operations, including maintaining daily logs, preparing site progress reports, and enforcing safety and permitting requirements during site operations) and for site closure to pre-use conditions in accordance with DEP requirements. Contractor's TDSR site development, preparation, and facilities maintenance includes installation of entry and exit roads, and interior road(s), placement of temporary facilities such as office space, towers, security, and traffic control devices for the entire period of debris operations through site restoration. If necessary, Contractor shall provide for gravel/lime rock placement for TDSR roads that require stabilization for ingress and egress and all other site developments in accordance with the attached unit cost bid breakdown. Payment for Contractor's operation, management, restoration, and closure of TDSR shall be a per-cubic- yard price based on the volume of unprocessed vegetative and Construction and Demolition (C&D) debris entering the TDSR. ADDITIONAL PRE-APPROVED TEMPORARY DEBRIS STORAGE&REDUCTION SITES,(TDSR) Site Name: CITY OF MIAMI BEACH-104887 Site Address: PAR 3 GOLF COURSE 2300 PINE TREE DR Miami Beach, FL, 33140 Waste Planned for Management: Construction&Demolition Debris, Yard Trash, Mixed On-Site Contact: Site Name;NORTH BEACH OCEANSIDE PARK-106644 Site Address: 8328 COLLINS AVE Miami Beach, FL, 33139 Waste Planned for Management: Yard Trash, Mixed Site Name: NORMANDY GOLF COURSE-106273 Site Address: 200 FAIRWAY DR 02-3203-000-0040 Miami Beach, FL, 33141 Waste Planned for Management: Construction&Demolition Debris,Yard Trash, Mixed Site Name: LUMMUS PARK-106643 Site Address: 1130 OCEAN DR FOLIO 02-3203-000-0030 Miami Beach, FL, 33139 Waste Planned for Management: Yard Trash, Mixed 19 �• DocuSign Envelope ID:508673D6-AE71-4A4B-8B25-6AD2CCC1E8EB Contract No.23-431-04 Site Name: MIAMI BEACH GOLF COURSE-106271 Site Address: 2301 ALTON RD 02-3227-000-0100 Miami Beach, FL, 33140 Waste Planned for Management: Construction &Demolition Debris,Yard Trash, Mixed 3.8 Vegetative Debris Removal from Rights-of-Way(ROW)to TDSR within City Limits. As directed by the City, Contractor shall load and haul all eligible vegetative debris from City owned properties and public ROW to a TDSR within the City limits (see information above regarding approved and potential TDSR locations). This includes fallen tree and limb debris on public property and ROW and hazardous limbs and trees removed by the Contractor and placed on public property or ROW. Payment shall be on a per cubic yard basis. 3.9 Reduction of Vegetative Debris by Grinding at TDSR. At the City's option, the Contractor may be required to reduce vegetative debris by grinding. Price shall be per cubic yard (volume prior to reduction). 3Y10 Hauling Vegetative Debris Reduced by Grinding from TDSR to Miami-Dade Central Transfer Station. At the City's option, the Contractor may be required to load and haul vegetative debris reduced by grinding at the TDSR to the Miami-Dade Central Transfer Station located at 1150 NW 20th Street, Miami, FL 33127, in the City of Miami, or another approved location. Price for this line item shall not include tipping or disposal fees. The City shall reimburse the Contractor for actual tipping or disposal fees. 3.11__Haulinj Vegetative Debris Reduced by_Grinding_from TDSR to Miami-Dade North Dade Landfill. At the City's option, the Contractor may be required to load and haul vegetative debris reduced by grinding at the TDSR to the Miami-Dade North Dade Landfill located at 21500 NW 47 Avenue, Miami, FL 33055, in the City of Miami, or another approved location. Price for this line item shall not include tipping or disposal fees. The City shall reimburse the Contractor for actual tipping or disposal fees. 3.12 Hauling Vegetative Debris Reduced by Grinding from TDSR to Miami-Dade Resource Recovery Center. At the City's option,the Contractor may be required to,'oad and haul vegetative debris reduced by grinding at the TDSR to the Miami-Dade Resource Recovery Center located at 6990 NW 97th Ave, Doral, FL 33178, or another approved location. Price for this line item shall not include tipping or disposal fees. The City shall reimburse the Contractor for actual tipping or disposal fees. 3.13 Vegetative Debris Removal from Rights-ofWay_.(ROW)directly to Final Disposal Location. As directed by the City, and if a TDSR is not utilized, the Contractor shall load and haul all eligible vegetative debris from ROW to final disposal to the facilities identified or other approved location(s). Price for this line item shall not include tipping or disposal fees. The City shall reimburse the Contractor for actual tipping or disposal fees. 3,14 Removal of Hazardous Stumps. Contractor shall remove hazardous stumps as identified and directed by the City. Stumps must be greater than 24" in diameter(measured 2 feet from the ground). Stump removal shall include backfilling the void DocuSign Envelope ID.508673D6-AE71-4A4B-8B25-6AD2CCC1 EBEB Contract No.23-431-O4 with appropriate fill material and hauling the stumps to the TDSR. Payment is for stump removal and backfill only, Stumps will be converted to cubic yards measurement per current FEMA debris management guidelines for hauling purposes and hauled under appropriate line items for vegetative • debris. For reduction and disposal purposes, stumps will be considered vegetative debris and handled as such under separate line items. 3,15 Removal of Hazardous Hanging_Limbs. Contractor shall remove hazardous hanging limbs over 2' in diameter(measured as close as possible to the break) from trees on public property and ROW, as identified by the City. The City must identify and approve trees with eligible hazardous limbs prior to removal by the Contractor in order for this work to be eligible for payment, Limbs shall be cut as close as possible to the first healthy lateral limb or trunk to preserve the tree's health and avoid future hazardous conditions. Hazardous limbs shall be removed and placed on public property or ROW for pickup. Payment for this item shall be per tree. Payment for hauling, reduction, and disposal of the hazardous limbs removed and placed on ROW will be handled separately under appropriate line items for loading, hauling, reduction, and disposal of vegetative debris. 3.16 Removal of Hazardous Trees. Contractor shall remove hazardous leaning trees (ieaners) 6"or greater in diameter(measured 54" above ground) from public property and ROW, as identified by the City. Disaster-damaged trees leaning more than 30 degrees from vertical and trees with more than 50% of the damaged canopy shall be considered hazardous. Hazardous trees shall be removed and placed on public property or ROW for pickup, removal, and disposal under appropriate line items. The City must identify hazardous trees prior to removal to be eligible for payment. Payment for this item shall be on a per tree basis. If the root ball of an eligible hazardous tree is more than 50% exposed, the stump's removal, disposal, and backfill will be performed and paid under the line item for Removal of Hazardous Stumps upon approval by City. 3.17 C&D Debris Removal from Rights-of-WayJROW)to TDSR within City Limits. As directed by the City, Contractor shall load and haul all eligible construction and demolition debris from ROW to a TDSR within the City limits (see information above regarding approved and potential TDSR locations). 3.18 C&D Removal from TDSR to Final Disposal Locations. As directed by the City, Contractor shall load and haul all eligible C&D debris from ROW to final disposal to the facilities identified in line items 4 — 6. Price for this line item shall not include tipping or disposal fees, The City shall reimburse Contractor for actual tipping or disposal fees. 3.19 C&D Removal from Rights-of-Way(ROW)directly to Final Disposal Locations. As directed by the City, Contractor shall load and haul all eligible C&D debris from ROW to final disposal to the facilities identified in line items 4 — 6. Price for this line item shall not include tipping or disposal fees. The City shall reimburse Contractor for actual tipping or disposal fees. 3.20 Sand Removal,Screening and Replacement(Beach Renourishment). As directed by the City, Contractor shall screen sand to remove all eligible debris deposited by the event. This process includes the collection of debris-laden sand, transporting the sand to the processing screen located on the beach, processing the debris-laden sand through the screen and returning the sand to the appropriate beach location as directed by City. Debris removed from the sand will be collected,hauled, 21 DocuSign Envelope ID.508673D6-AE71-4A4B-8B25-6AD2CCC1E8EB Contract No.23-431-04 and processed as ROW debris, 3,21 White Goods Requiring Freon Removal, Contractor shall remove, transport, and recycle (or dispose of, at Contractor's discretion) all white goods that contain or use Freon, including but not limited to refrigerators, freezers, HVAC units, etc., from public property and ROW. Contractor shall be responsible for any disposal costs. Payment under this item will be per unit. White goods not containing Freon shall be loaded and hauled under applicable line items for C&D debris removal. 3.22 Freon Removal. As directed by the City, the Contractor shall remove Freon from refrigerators, freezers, and HVAC units. Freon capture must be performed by a licensed technician. White goods may be transported to a storage area before decontamination as long as Freon is not released during the removal, hauling, or recycling. Payment under this item will be per unit. 3.23 Hazardous Waste Removal and Transport. As directed by City, Contractor shall remove and transport any hazardous waste identified by the City or its representative to the TDSR or other central collection site identified by the City. The Contractor must follow all applicable local, state, and federal laws and regulations concerning this work. No disposal fee is to be included in this line item, The hazardous waste will be segregated in the field and hauled in concentrated loads to the extent practicable. Payment under this item will be per pound. 3.24 Removal, Hauling,and Disposal of Dead Animal Carcasses. The Contractor shall remove, haul, and dispose of dead animal carcasses as directed by the City. Disposal must be in accordance with federal,state, and local regulations, 3.25 Hauling Reduced Vegetative Debris to Alternative Sites. At the City's option, the Contractor may be required under this line item to load and haul vegetative debris that has been reduced by grinding at TDSR to alternative disposal locations determined by the City. Price for this line item shall not include tipping or disposal fees. The City shall reimburse Contractor for actual tipping or disposal fees. AQ. Equipment Rates Immediately following a disaster during the contract term, it may be necessary to perform emergency clearance of primary transportation routes as directed by the City. (Refer to City's Debris Management Plan.) Payment under this item, at the City's option and subject to FEMA guidelines, may be on an hourly basis for manpower and equipment as listed in Group 6, Appendix 8, Cost Proposal Form, and in accordance with the submittal instructions therein. This hourly work will only be conducted for a reasonable amount of time following authorization to proceed and as agreed in writing, pending the development of fixed fee/lump work scopes. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK] 22 DocuSign Envelope ID:508673D6-AE71-4A4B-8825-6AD2CCC1E8EB EXHIBIT B COST PROPOSAL FORM Bld 2023-431-ND APPENDIX B COST PROPOSAL FORM Failure to submit Appendix B.Cost Proposal Form,in its entirety by the deadline established for the receipt of ro osals will result in ro osal bein< deemed non-res•onsive and bein• re•ected. Proposer affirms that the prices stated on the cost proposal form below represent 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 (Appendix B) shall be completed in its entirety. All corrections on the Cost Proposal Form(Appendix B)shall be initialed. PRICING FOR EACH LINE ITEM OF GROUPS 1-6 SHALL BE BASED ON THE AMOUNT OF DEBRIS LIKELY GENERATED BY A CATEGORY 3 STORM EVENT INFLICTED UPON THE CITY OF MIAMI BEACH. �j •�a +� ® • 0 a •.Kan� '4.`t;144 i d.d r ' .i 'f. .P ' t ry;1, v'kh�`r.t` ?;t� }is .c . e``g� f"' k rack dui t+rs"Z�aaL'� ? +S":'�ti h ., ' , t �;S �,% atiikv � A. —VIA 1 wi s 7•,4f4R Y i A•t� � 'emu �'�� 144 itc f'7 k ff. ,,: i S. i i+' gd'l di5,} '�,'} .I`Mfe t74? C F '3, F 'Yh� N Zt. �I Y, .,a Jy, h` • `f 1. Operation of Temporary Debris Storage and 2.00 Reduction Sites ("TDSR") CY $ i 2. Furnishing and spreading suitable fill material 65.00 (gravel base)for temporary roadway CYH $ 3. 'Installing 8-foot chain link fence with 22.00 windscreen with 20-foot entry gate(s), LF $ i 4, Installation of 4-foot protective chain link $ 17.00 fence for interior site protection (trees,etc.) LF s. Furnishing and installation of inspection tower Per TcA' r $ No Charge , h N 7, is � £ i �. '. titm i�$�rt'+ N,,.?.,,,ei a4�'�+ ,•h Y , vi t A tw G x 4,- bz �;'3 3 ' m r •�, `, i a s �� , ,w a. .. �x t �,two�� _ 44 t:1. 107 00 , f cif , i '' «Yin �Sr}�51 � lf4} �i+ti��e•� �' { tti ,, . . ' �t�'� n tiS. J •wy y.,i ,,V,t`« S z', , at.s T: ©s., r e e®0 • 1.. 7/27/2023 2:00 PM p.36 DocuSign Envelope ID:508673D6-AE71-4A4B-8B25-6AD2CCC1E8EB EXHIBIT B COST PROPOSAL FORM Bid 2023-431-ND 4.)r 3 f '1 'v iii x i •;4t �`. ' }Si 4y :. ti ', 7, ?ifi 0 j lLrti.,..t� "414`;;f �� ;t) i c 9��v"�,•ar�i�`t �ff�%��'F,AL �aR�"h..��grl"•�r•..y �r 4 sy a 1"F i� �lX,{Sy�S��iiR k,k�/.fit 1 l.�hl �Yi�yi#i l�l� �i L'7 '�;,�,3�fi f v�i�"'r�Y 3�eP.�F�)y�•4 r.„ C ,t a a A a 3av"a ti # Vib ". t¢F a' e V lit f°'iy igr v'a sY Aa�f A'aitf y 44 t h..„ � i't � �� �L. ).'ii it'fir �aii,i 1 � Ta,:k yr :4 4 ,14UA�n nx iC'yroft. } rr e , w• i7y ,��a, r vr:. �. blyxc u 7 .ux Y�4uFi ? �V�k4f� li) t �y ,tali 1'o"G< i{' i C S•iq ! i �p ''i t rY�y"4( 5j4a r .` y r ( y a1 w v F !).. , s1tL i,a oy yS"? �, •. I s? rr (Y Pre. �, ,yc1. x.^, #' i t 5 1 ��e: ..%' d. 1r�A ix�a• ( ,..t.I" ,.. A)' '•`Ydl . Ap .... 6. Vegetative Debris Removal from Rights-of-Way to a TDSR within City Limits CY $ 8.00 7. Reduction of Vegetative Debris by Grinding at TDSR CY $ 3.25 8. Hauling Vegetative Debris Reduced by Grinding from 7.00 _ TDSR to Miami-Dade Central Transfer Station CY $ 9. Hauling Vegetative Debris Reduced by Grinding from 8.00 TDSR to Miami-Dade North Dade Landfill CY Hauling Vegetative Debris Reduced by Grinding from 8.00 10. TDSR to Miami-Dade Resource Recovery Center CY $ Vegetative Debris Removal from Rights-of-Way(ROW) 9.00 11. - directly to Miami-Dade Central Transfer Station CY $ egetative Debris Removal from Rights-of-Way(ROW) 10 00 12. _directly to North Dade Landfill CY $ egetative Debris Removal from Rights-of-Way(ROW) 10.00 13 direct! to Miami-Dade Resource Recovery Center CY $ ;Removal,Hauling,and Disposal of Hazardous Stumps, 14. Greater than 24"to 36"diameter Per Stump $ 250.00 15. LGreater than 36"to 48"diameter Per Stump $ 400.00 16. Greater than 48"diameter Per Stump $ 450.00 17. Removal of Hazardous Hanging Limbs Per Tree $ 75.00 1 Removal,Hauling,and Disposal of Hazardous Trees i ' 18. Greater than 6"to 12"diameter Per Tree $ 75.00 19. Greater than 12"to 24"diameter Per Tree is 125.00 20. Greater than 24"to 36"diameter Per Tree J$250.00 21. Greater than 36"to 48"diameter Per Tree $400.00 22. 'Greater than 48"diameter Per Tree $ 450.00 iKo i �.1i tAtott1 ?''=((IS 7ni•.i;),,,3..1$ 2,538.25 7/27/2023 2:00 PM p.37 DocuSign Envelope ID:508673D6-AE71-4A4B-8625-6AD2CCC1E8EB EXHIBIT B COST PROPOSAL FORM Bid 2023-431-ND ' ' 1,75(4 Z '<i d' 1 r air ju � } a C N P �< X h - q sgt�r, u ^�• � y3'' • -;E� } •r { e � � A ; µ a C&D Debris Removal from ROW to a TDSR within g 04 23. City Limits CY $ Hauling C&D Debris from TDSR to 9.00 24. Miami-Dade Central Transfer Station CY $ __ Hauling C&D Debris from TDSR to 9.00 25. Miami-Dade North Dade Landfill CY $ Hauling C&D Debris from TDSR to CY 26. Miami-Dade Resources Recovery Center- $ 9.00 Hauling C&D Debris from ROW Directly to CY 10.00 _ 27. Miami-Dade Central Transfer Station $ C&D Debris Removal from ROW directly to Miami- CY 11,00 28. Dade North Dade Landfill $ C&D Debris Removal from ROW directly to Miami- CY 11.00 29, Dade Resource Recove Center $ 1.: .�• .}.. . g ,' V. i 0� xi t ..,' ; ibA'� iv ` I.. ' !�'r ,�i0.41tWAT4 ' ,,, svA i vtly• ,, 1At,,ri.B9 , � ' $ 60.0 y � µYp . ,Q � i 3R ., i Y(3 ��° :1u �rS . t:I ' ,i, -1,4," ��hS# i� � `. ar.)?.rY r r, rw ,fifi afis a G ;t, 1a n tix Yj ill'' _,.r3t Sand removal,screening,and replacement(beach 18 00 30. restoration) l CY $ Loading and Hauling White Goods Requiring Freon 95.04 31. Removal Per Unit $ Loading and Hauling White Goods(Not Requiring 75.00 32. Freon Removal) 33. ,Freon Removal by Qualified Technician Per Unit $ 45,00 34. _ Hazardous Waste Removal and Transport LB $ 17,00 Removal,Hauling,and Disposal of Dead Animal 17.00 35. Carcasses LB $ 36. Bulk Ice,Delivered LB $ 1.00 37. Vessel Removal LF $ 22.00 Removal of biological,radiological, and nuclear $ 17.00 38 contaminated debris LB c •r e4J i s ,F+'. J ! t'x k, % 9Jr l ' .1. § ;+� 7 i � 5 , Y i .t t^ � l � !� i4.'' T �6 �6 i� F y I ('f � ! •' ,3 r ;1ci1"�,.� ,,` ,tr c, i„F : 4r'. x� ;" p Y '''R`r r 307.00 7/27/2023 2:00 PM p.38 DocuSign Envelope ID:508673D6-AE71-4A4B-8B25-6AD2CCC1 E8EB EXHIBIT B COST PROPOSAL FORM Bid 2023-431-ND 1'�::�, ;s a7.M ti E„� 7 � tt � '' t 'Y yy. ' � �� T-��. 'fir �-��i T.f�i ! ;'2's1„ I -:C 41: 3 3 {r1{ i Kf;1+" r . ;t ( i r �w4t ��r .� i 1` 1 ,. $�' r� I i ? 1 S�„ '�i t, l a, e it ' . at e tS;,e,i�.fi e� a 1 r o r i • L• I e,»",v �� � ' ,''}i,..l 4,,..s ' +` `k o r i �, iti s ." t A3 X "`n ,"*.1 'h `h:. 4:4` ,2 y�2 -4't'' r` Sn 1 x v" .@ ,.d .., _?„_. R1 '', i _� �3i '"A'1.! .Fr 'c't ..xlxx�a'; i �`ii'.� _ _'11 TS , ,.4 39, 20-30 miles CY $ 7.00 40. Greater than 30 Miles-40 Miles CY $ 7.50 41. Greater than 40 Miles-50 Miles CY 8.00 42 Greater than 50 Miles-60 Miles CY $ 8.50 43. Greater than 60 Miles-70 miles CY $ 9.00 '% 40.00 1. 7 F i ,< ay 1 rrV �} ���b � ¢�y�""' "'.i c+Wi�46y�a}aF tC jp fif'g''q � P Xn t"yr�i��� l ay./'l''7! �e e at . ivyki-i , t' t S „t a e a l ; e r .,,,, 01 0 ' • ` tli'a. � 0Adi,' 1ma 4'G�op eC ezea 0. eo •C,Ile, 1 li h � c oO0 t)is p w, �y e _ wr ysa « etk b 0 0 4 t 0 f y t� 1,0 j e 0 o 0 B f9 0 ek 0 t 0 R 9 i m' � 3y. n.. `,},;,. }, y. o a N.k, w> - n a. , `"'i q ..rz� 3 J {r'1yL `2 Yf•. t.•kit}'"t'i p1F 1N; }.' y �'�.v'tirT '� `+ F ` r e .;1 4 9` © -.,�f.�` ., d t 155.00 44. JD 544 Wheel Loader with debris grapple $ 45. JD 644 Wheel Loader with debris grapple $ 155.00 46. Extendaboom Forklift with debris grapple $ 155.00 47. 753 Bobcat Skid Steer Loader with debris grapple $ 155.00 48. 753 Bobcat Skid Steer Loader with bucket $ 155.00 49. 753 Bobcat Skid Steer Loader with street sweeper $ 155.00 50. 30-50 H Farm Tractor with box blade or rake $ 155.00 51. 2--21/2 cu.yd.Articulated Loader with bucket $ 155.00 52. _ 3-4 cu.yd.Articulated Loader with bucket $ 155.00 53. JD 648E Log_Skidder or equivalent $ 195.00 54. CAT D4 Dozer __ $ 155.00 55. CAT D5 Dozer $ 155.00 56, CAT D6 Dozer $ 155.00 57. CAT D7 Dozer $ 155.00 58. CAT D8 Dozer $ 225.00 59. CAT 125-140 HP Motor Grader $ 155.00 60, JD 690 Trackhoe with debris grapple $ 155.00 61. JD 690 Trackhoe with bucket and thumb $ 155.00 62, _ Rubber Tired Excavator with debris grapple $ 155.00 63. JD 310 Rubber Tired Backhoe with bucket and hoe $ 155.00 64. 210 Prentiss Knuckleboom with debris grapple $ 225.00 65. CAT 623 Self-Loader Scraper $ 195.00 66. Hand-Fed Debris Chipper $ 325.00 67. 30 Ton Crane $ 155.00 68. 50 Ton Crane $_ 155.00 7/27/2023 2:00 PM p.39 DocuSign Envelope ID:508673D6-AE71-4A4B-8B25-6AD2CCC1E8EB EXHIBIT B COST PROPOSAL FORM Bid 2023-431-ND 69. 100 Ton Crane $ 2.95.00 70. 40-60'Bucket Truck $ 155.00 71. Greater than 60'Bucket Truck $ 175.00 72. Fuel/Service Truck _ $ 155.00 73. Water Truck $ 155.00 74. Portable Light Plant $ 35.00 75. T^ Lowboy Trailer with Tractor $ 155.00 76. Flatbed Truck $ 155.00 77. Pick-up Truck(unmanned) $ 35.00 78. Self-Loading Dump Truck with debris grapple $ 325.00 79. Single Axle Dump Truck,5-12 cu.yd. $ 125.00 80._ Tandem Axle Dump Truck, 16-20 cu.yd. $ 175.00 81. Tandem Axle Dump Truck,21•-30 cu,yd, $ iZ5„00._ 82. Tandem Axle Dump Truck,31 -50 cu.yd. $ 175.00 83. Tandem Axle Dump Truck,51 -80 cu.yd. $ 175.00 84. Chainsaw(without operator) $ 25.00 85. Temporary Office Trailer $ 155.00 86. Mobile Command and Communications Trailer $ 155,00 87. Laborer, with small hand tools $ 45,00_ 88. Skilled Sawman $ 55 00 89. Crew Foreman with cell phone $ 75.00 90. Tree Climber $ . 125.00 91. LF of Security Fencing $ 22.00 92. Ton of Crushed Stone Placed and Graded i $ 75.00 93, •• Sand Screening Apparatus $ 325.00 94. Traffic Control Devices $ 1Il0 on __- 95. Temporary Light Tower $ 5&0O 96. Site Securi S stems camera etc. $ if •'` ,-y ":';,3 IT _; t ,�S f!}E fl orM 6,{aa41c, f ',-- .1a. $ 7967.00 lb '( igiatifaTA . N 11,027.25 I The total cost to the City of Miami Beach shall be Utilized to allocate Cost Points in the Evaluation of Proposals 4) 7/27/2.023 2:00 PM p.40 DocuSign Envelope ID 508673D6-AE71-4A4B-8825-6AD2CCC1E8EB Contract No.23-431-04 EXHIBIT C CONSULTANT SERVICE ORDER Contract . Ex. iratiuu . Con tra t# --- Change Order# J Consultant:. Project Title: • fly accepting this CSO,Consultant agrees to provide services pursuant to the attached proposal dated and the terns, conditions,and rates established in the above-referenced contract between the City and the Consultant.Consultant explicitly agrees that no other terms and conditions shall apply to the work regardless of whether said other terms and conditions are included herein or in any attachment to this CSO.Any deviation from the scope of work agreed to herein shall require a change order approved by the City. I.Estimated calendar days to complete the work: 2.Total amount original CSO 3.Total amount all previous Amendments 4.Total amount this Amendment 5.Total Amount for Engagement (i.Fee for ancillary Items for this Service Order 11 Account Code: Approval of New Su bcunsultau(s: ifa new kubeonsuitani is being added,Clts Maria 4er' royal is r uired. Name of New Subconsultant s Amount Contract Rates - YES [ X J_.. NO_._.I Notes For City(Name) Sihuature Date Project Admin: Dept Director: Procurement: T ^ —4 — A/DCM: CM: Lead Project Admin: lly'sigrIog.cotisidtadt;acknowledges that thin CS()is nut card and no anrk may coin inciter mail the City has Issued a purchase order tor the CSO.The City s hdl ol:bo Uithtk frir char_ry retatin to row work that is not rarsuant to a Cit Scared urchasc order. 23