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Contract No.24-060-01
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
ADVENTURE ENVIRONMENTAL,INC.
FOR
WATERWAY CLEANUP AND DEBRIS REMOVAL,PURSUANT TO
RFP-2024-060-WG
' 8/5/2024 i 5:57 EDT
This Professional Services Agreement ("Agreement") is entered into this July 26, 2024
("Effective 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 ADVENTURE
ENVIRONMENTAL, INC., a Florida Corporation,whose address is 160 Georgia Ave.Tavernier,
Florida 33070 ("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 Environment&Sustainability 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. 2024-
060-DF for 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.
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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 In consideration of the Fee to be paid to the Contractor by the City, the Contractor shall
provide the work and services described in Exhibit "A"hereto(the"Services").
All services provided by the Contractor shall be performed in accordance with the terms and
conditions set forth in this agreement and to the reasonable satisfaction of the City Manager. If
there are any questions regarding the Services to be performed, the Contractor should contact
the following person:
Environment&Sustainability Department
Lindsey Precht, Assistant Director
1700 Convention Center Drive,3 d floor.
Miami Beach, FL 33139
2.2 Contractor's Services and any deliverables incident thereto shall be completed in
accordance with the timeline and/or schedule in Exhibit"A."
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 one (1) two-year renewal option, 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.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Contractor shall be compensated in
accordance with the cost proposal attached hereto as Exhibit"B."
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4.2 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 monthly invoices to the City at the following address 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.
Invoices shall be submitted to the City at the following address:
Accounts Payable: Payables(a,m lam ibeachfl.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 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 the 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 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
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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, loss 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.
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
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be treated as a material breach of the contract,which could result in withholding of payments or
termination of the Agreement.
A. Worker's Compensation Insurance for all employees of the vendor as required by
Florida Statute 440, and Employer Liability Insurance for bodily injury or disease.
Should the Vendor be exempt from this Statute, the Vendor and each employee
shall hold the City harmless from any injury incurred during performance of the
Contract. The exempt Vendor 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 vendor 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. Longshore and Harbor Worker's Compensation Act (LHWCA) is a federal law in
the United States that provides compensation to certain maritime workers who
are injured or disabled while working on navigable waters of the United States or
in adjoining areas used in the loading, unloading, repairing, or building of vessels.
Should the Vendor be exempt from this coverage, the Vendor and each
employee shall hold the City harmless from any injury incurred during the
performance of the Contract. The exempt Vendor shall also submit (i) a written
statement detailing the number of employees and that they are not required to
carry Longshore and Harbor Worker's Compensation Act (LHWCA) insurance
and do not anticipate hiring any additional employees during the term of this
contract or(ii)a copy of a Certificate of Exemption.
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 not be cancelled, except with notice to the City of Miami Beach c/o 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
provision applies regardless of whether the City has received a waiver of subrogation
endorsement from the insurer.
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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
c/o EXIGIS Insurance Compliance Services
P.O. Box 947
Murrieta, CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing
agent, EXIGIS, at:
Certificates-m iam ibeachnriskworks.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 JURISDICTIONNENUEIJURY 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
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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 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-consultants, without the prior written consent of the City Manager.
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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.
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(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.
(C) 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.
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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 CONSULTANT'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
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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.
(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
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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: RAFAELGRANADOAMIAMIBEACHFL.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
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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
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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 CONTRACTOR:Adventure Environmental, Inc.
Attn: Gregory Tolpin
160 Georgia Avenue
Tavernier, FL 33070
Ph:305-321-5669
Email:gregc 4aei.com
TO CITY: Environment&Sustainability Department
Attn: Lindsey Precht,Assistant Director
1700 Convention Center Drive 3rd floor
Miami Beach, FL 33139
Ph:305-673-7000
Email:lindseyprec htAmiamibeachfl.gov
All notices mailed electronically to either party shall be deemed to be sufficiently transmitted.
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.
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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.
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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:
"--DocuSigned by:
�atFat 1, re. %rtunado 1
By. afar1 ".`t ffec.City Clerk Eric Carpe r,Ci Manager _Aid(
8/5/2024 I 5:57 EDT •
Date:
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
FOR CONSULTANT: City Attorney ^X Date
ADVENTU E ENVIRONMENTAL,INC.
By. t
t5 l LC-P. � l
Print Na e d Title
Date: MA 1,20d-4
d.
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EXHIBIT A SCOPE OF SERVICES
• 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.
• 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.
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 D of the RFP, 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,
Indian Creek Waterway, Lake Pancoast, and the Collins Canal. Waters of the Atlantic
Ocean east of Miami Beach are not to be serviced. Contractors are to refer to Attachment
D for assignment of NORTH and SOUTH areas.
• 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.
o 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.
• 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
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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 waters 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:
o Collins between 23rd and 24th Street
o North Shore Drive between South Shore Drive and Marseille Drive
O 85th Street between Crespi Blvd and Byron Avenue
o Bridge on Waterway Drive between 80th and 81st Street
o Dead end on 75th Street and Dickens Avenue
O 73rd Street between Dickens Avenue and Wayne Street
o Indian Creek Drive and 72nd Street
O 77th Street bridge between Hawthorne Avenue and Tatum Waterway
O 81st Street bridge between Noremac Avenue and Hawthorne Avenue.
3.1 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,"attached
hereto as Exhibit"C". 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/trash 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 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, referenced in
Section 0200—General Conditions, shall apply to emergency events.
3.2 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
Contractor 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 3.3.
3.3 Reports. Bi-Monthly reports and disposal manifests shall be submitted to the City
Administration. Each report shall include maps depicting Global Positioning System (GPS)
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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 from the Contractor 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.
3.4. Uniforms.Contractor's employees will be attired in uniform with the name of the Contractor on
the uniform.
3.5 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 Contractor 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.
3.6 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.
3.7 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 when manatee is
within one hundred fifty feet(150')of the work site.
3.8. 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.
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It shall be the Contractor's responsibility to preserve the existing condition of the natural resources,
waterways and surroundings, including but not limited to benthic and coastal flora and fauna(such
as seagrass, mangroves, corals, etc.), 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 Contractor'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 Contractor's
expense.
Any damages to natural resources shall be mitigated to the Division of Environmental Resources
Management's (DERM) and City's satisfaction, by the Contractor and at the Successful
Contractor'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 natural resources.
3.9. 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.
3.10. 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 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.
3.11. 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 Contractor 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
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the Contractor. The awarded Contractor 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 Contractor 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 Contractor no later than the next business day.
In the event that the Contractor 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.
3.12. 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.
3.13 Rates/Fees. The rates quoted shall be inclusive for full compensation of labor, equipment
use, travel time, fuel, and any other cost to the Contractor 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.
3.13.1 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
3.14 and 3.15, 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 already been
serviced. Services provided must be previously authorized in writing by the Project
Manager.
3.14. 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
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Project Manager in writing prior to the requested change.
3.15. 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.
A4. Emergencies.
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.
EXHIBIT B COST PROPOSAL
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GROUP 1—ROUTINE WATERWAY CLEANUP SERVICES-Appendix A—A3.Specifications
Total
Estimated (c)
Quantity Unit Cost(h) (Quantity x Unit Cost)
Item Descri tion a a x b =c
Monthly Service Rate for Waterway
1.1 Maintenance-North 12 months $8.000.0o Monthly $96,000.0o
Monthly Service Rate for Waterway
1.2 Maintenance-South 12 months $8.000.00 Monthly $96.000.00
1.3 Additional Day Rate 10 days $ t.000.00 Daily $10.000.00
1.4 S.•t Run Flat Fee 5 runs ' 1 000.00 Run 5.0.1.00
TOTAL GROUP 1(Total 1.1 through 1.4) $207.000.00
GROUP 2—EMERGENCY SERVICES-Appendix A—A4.Emergencies
Total
Estimated (c)
Quantity Unit Cost(b) (Quantity x Unit Cost)
Item Descri Awn a a x b =G
2.1 Emergency Response Daily Rate 10 days $ 1000.0o Daily S t0.0oo.00
15,000
Collection and Disposal of Vegetative cubic
2.2 Debris yards $0.00 CubicYard $ 0.00
5.000
Collection and Disposal of Other cubic
2.3 Debris ards 0 0o CubicYard :0.00
TOTAL GROUP 2(Total 2.1 through 2.3) $ 10,000.00
TOTAL COST FOR GROUPS 1 AND 2
The 1 obi Cost la Groups I and 2 shall be utilized lu ttlott de OBI Points in the Evaluation ul Proposals. $ 217.000.00
•
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EXHIBIT C CITY OF MIAMI BEACH CLEANLINESS INDEX
•
•
Ii1C`fnla c{;,
---i�--- •No litter aMfor debris on or intha watt.and up fri hh,+n1t.soprn.irk N,sgnsol • *orio4P°'nslanan• mega magma/
'loony lep,d •Holdup.orgenlonsaledal soil ern bee lambs or palm hoodsoIh•water and try to
Iti:l i 7 i[l l'/ •No extra-large plows of tiller so*as nms.grocery rats.elver the 1ofr Ids watermark
lei nit •No smell n home.mimed
•Isolated pine ea ofliner tnlbog on sr in Me*Are area of water and up to thehioh ode wetrunark •Loss than 10%of about a 20 sq.loot area ofwater and up to the hilt lido-
No signs of floating liquid. watermark a conned by ogamc note,./tut oocwrag in no whore than 10 0.0l he
•
• •No eatra•auge pie.,of rift,,such n eon.iiovry call,olc enbre wee,ales il.om.onoq n more than 10%of the entire water area vole
_erne •No smell i tarp python' the high ado watermark.than add l point,•
No large organic material su:h as Imo lmbs paten hands in he wager and up b
the hill*Watermark
•Small amount of fitter including floating liquids swat as al This includes litter floating on lion •Betwoon 10%•10%of A.R.!a 20 sit fool area of mate.and up to the high brie
water.to Lha watu sod up b the MO We...mood.Moro than fire piece,.of litter and lase than waterark.covered by orgeelo material butoa.nry In no mono than 10%of
5%01 about,20 sq loot SW 01 Alto op to the hgh lde•ratemurk ate covered by the Amer.but the entire wan own I occurring to more than fb°e of the enbre wales area up to
Wowing meS noire Ohm 10%of the enge water area up to Non min welernurk heing missnrd the her 1-deotlwnlPh then add l point.
rl •II the Into.dwrvly to ssewrg bo0roen 10.26%el the water area up to the hgh Ida roMtaak •leluvon 1 and 1 pieces of large organts material,such as toe lambs or Om
b;tiF'ilid': then odd l point from honing roe I foods in the water and up to the nigh lade waUrneok
•If the liner density is occurring more than 20%of the water aoua up to the nigh Ode 431w1114Mk.then
add 1 pools Wm the sang tie
•No•nt,o.large pieces of Inter.tooth as wen.your,cods etc
• •No smell o being emMM
._.,__._... •small to moderate:Meling of litter.Including floating liquids.such as not 1161 insoles Pe Idler •&More,t0%•Sets ofadaut a 10 so IPA Ned of wafer and up b the igh Ida
'ealrsg on'innovate(ono the wale•ant op'o Pa hqn his walrmork gelaean3%and 10.d *stmart or covered by organic magrld PA°pulpy in no nano than 10%of
atolla 20 so loot arra of WAR,op to the Kiln b1e.nonenarkn comma by Inter t•ulseatusimg n dst entire water area up to the high fidewate.marlt It roe-meting in more clan lea.
no note ih.n IO%M the,abet wore,anew berg assessed albs nnb.e water up to the nigh trio watamad then.add 1 point.
.:f .'� 11 •If the titer derwty n°a envy rnnwoan 10.25%.0 the wain.•awe up tome loon trio watermark,Gat •Between a and 10 peen of largo organic mat,rt.ak sash as Irse brim or pant
add I point to to oa rq:ole hands m fro wafer and up to the hqh Ida watermark
(�lii:• •If the line,rimmy is...nsg more lh,nn25%oft he water onto up N Me haghhdnaatetnwk then
add 2 points Rom the rain)rate
•No eatm•large pitons of liter..spit as toes gmrary cants etc
•Slight unnatural or foul smells banns emoted _
•Consistent accumulation of trash eoiudrg Mwating Ilqulds arh as This includes hber%Oabsg •On.,50%of about a 20 sq hot area of water and up to Po hgh fade•aa•msatk ore
ON tee water w n the wain.and up Whips tide.'a'arma.k*Mown 10%and 26%of abet,'it)aq havered by meani<magnal but aceasmnq to no more bun 10%et Or.Orbre
fool asoa of*alp up to the sightidewto.nal is covered lay lutes but anamngn no ow*Pan staler Wren up tohahghlade watermark ltocrsanrq in mete titan 10%ofloe
1.1 10%of Pe enire wafer pea up to the high tide watermark berg assessed pier,water area up to Pe nigh tits waWi•urk then add I point
IliU'J •If the tiller density oncoming beh,e,n10.26•,a11nN note.ante uproms NO brie waonoot Ikon •Oyer lO pieces of large organic aroma/ltichabee ltmhap prim tongs in the
odd 1 point to Ina ro e g veto *star and up to the tvgh bde walermso*
•One eaba•lrge piece of iNter writ as a bon a grocery cad etc
•Strom:unnatural or foul smell n teen)omitted
_- --- --- •Largs accumulation of htor and/rash mJufirg floating liquids such asod Over 25%of about, •60.1001:nl about 2t/sq fool Pea of Pa wag and up In the Ingh 6de.roorm0k is
20 sq fill area 01 water y to ih2 high ado seaiwnark a•n covensd by Mb.This includes later&wing covered by organle mafnial.
'A:i{[l it,il{'i on the water.an the wale and upW the fghtdewolornah Them may beondenoe of Illegal
dumping
UI-1 •Iwo or more nlra'argo pieces of Utter,such as Kos.grocer/carts.etc
... •Very strong unnatural on foul smell n bnmg ennte0
24
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ii
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MIAMI BEACH Contract/Document Routing Form
,
24-060-01 WATERWAY CLEANUP AND DEBRIS REMOVAL
CoMtactei RaqueatingDettemtl4nt
ADVENTURE ENVIRONMETAL,INC. ENVIRONMENT AND SUSTAINABILITY
3epartntenfcuinc. .' ; QARUItt1oiitostura
Amy Knows ` Eric Carpenter
Oriel
X Type 1-Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2-Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement -,
Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement
Type 5-Grant a reements with the Cit as the grantor Other:
SUMS t.fA411Nl g 0414 ;
On May 1S,2024,the Mayor and City Commission adopted Resolution 2024-33010,accepting the recommendation of the City Manager
pursuant to Request for Proposals(RFP)No.2024-060-OF for Waterway Cleanup and Debris Removal,authorizing the Administration to enter
into negotiations with Adventure Environmental,Inc., the top-ranked proposer and further authorizing the Cf+Manager and City Clerk to
execute an agreement upon conclusion of successful negotiations.
The Administration successfully negotiated an agreement with Adventure Environmental,Inc.,and the agreement was form approved by the •
City Attorney's Office and executed by the company.Pursuant to the authority established in Resolution 2024-33010,this item seeks the City
-Manager's approval to finalize the contract execution process.
rtad 'opt T
Three(3)years One(1)two-year Five S -rs
Grant Funded: imursin NoINState 11111 Federal Other:
'11111111111111 ygBLt(gnilt MS t M
i N ,,, ._ ItttQihr6Ennancs ueM
1 $231,000,00. 435-0430-000312-29-413-511-00-00-00 Yes X No
1.For contracts longer than five years,contact the Procurement Department. 2 Attach any supporting explanation needed.3.Budget
approval Ni cotes approval for current fiscal year only.Future years are subject to City Commission approval of annual adopted operating
Authority to Sign
sty Commission Approved. K yes No Resoluton No.: CC Agenda Item No.: CC Meeting Date:
2024-33010 C2 D 5/15/2024
If no.explain why CC approval is not required:
egal Form Approved: I X Yes I I No I If no,explain below why form approval is not necessary:
gn...y
Procurement: —• Grants: N/A
Krlsty sada .,. • o 4ytsrl•j
Tameka Otto Stewart gt1 i, i f M information Technology: N/A
Risk Management. papOis eioeEi4ra Fleet&Facilities: N/A
Human Resources N/A Other: oou.S.gmmd*,—oocvsignod byRosana Wove:
(I
— :a Yctv4 83z Ib efe eiro +u
tte U
/7j � pq@�O 109S'k
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RESOLUTION NO] 2024-33010
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.
2024-060-DF, FOR WATERWAY CLEANUP AND DEBRIS REMOVAL;
AUTHORIZING THE ADMINISTRATION TO. ENTER INTO NEGOTIATIONS
WITH ADVENTURE ENVIRONMENTAL, INC., AS THE TOP-RANKED
PROPOSER; FURTHER, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AN AGREEMENT UPON . CONCLUSION OF
SUCCESSFUL NEGOTIATIONS.
WHEREAS, on. February 21, 2024, the Mayor and City Commission authorized the
issuance of Request for Proposals (RFP) 2024-060-DF •for waterway cleanup and debris
removal;and
WHEREAS, on March 27, 2024, the City received proposals from the following five (5)
firms: Adventure Environmental, Inc., Aquatic Control Group, Inc., DRC Emergency Services,
LLC, Kearns Construction Company,and Neat Sand, Inc.;.and
WHEREAS, on March 18, 2024, the City Manager appointed the Evaluation Committee
via LTC # 096-2024. The Committee comprised Dave Doebler, Chair, Marine and Waterfront•
•Protection Authority; Lindsey Precht, Assistant Director, Environmental & Sustainability
Department; and George Ruiz, Sanitation Assistant Director, Public Works Department;and
WHEREAS, the Evaluation Committee convened on April 4, 2024, 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, the Government Sunshine Law, and general
information on the scope of services and a copy of each proposal; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the evaluation criteria established in the RFP;and
WHEREAS, the evaluation process resulted in the proposers being ranked by the
Evaluation Committee in the following order:
•
1st-Adventure Environmental, Inc. • •
2nd-Aquatic Control Group Inc. •
3rd-Neat Sand, Inc.
4th-Kearns Construction Company •
5th-DRC Emergency Services LLC
WHEREAS, after reviewing all of the submissions and the Evaluation Committee
process, the City Manager concurs with the Evaluation Committee and finds Adventure
Environmental, Inc., the top-ranked firm, to be the best qualified firm to provide the services;
• and
WHEREAS,Adventure Environmental, Inc. has provided satisfactory services to the City
as the incumbent firm since 2012.
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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) 2024-060-DF for waterway cleanup and debris removal; authorize the
Administration to enter into negotiations with Adventure Environmental, Inc. as the top-ranked
proposer; and further authorize the City Manager and City Clerk to execute an agreement upon
conclusion of successful negotiations by the Administration.
i q
PASSED AND ADOPTED this I day of I 2024.
•
ATTEST:
MAY 2 1 2024 e '1--.
RAFAEL E. GRANADO, CITY CLERK STEVEN MEINER, MAYOR
APPROVED AS TO 3\ ,�-a
FORM&LANGUAGE
&F XECUTION .i
?INCORPRATEO.
City Attorney .i'' Date .....
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gWpettive Bid Reports•C2 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: RickeIle Williams,Interim City Manager
DATE: May 15,2024 •
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. 2024-060-DF, FOR WATERWAY CLEANUP AND
DEBRIS REMOVAL;AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH ADVENTURE ENVIRONMENTAL, INC.,AS THE TOP-RANKED PROPOSER; FURTHER,
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS.
RECOMMENDATION
It is recommended that the Mayor and City Commission approve the Resolution accepting the City Manager's recommendation,
pursuant to RFP 2024-060-DF for waterway cleanup and debris removal,authorizing the Administration to enter into negotiations
with Adventure Environmental, Inc., as the unanimous top-ranked proposer. Further,the Resolution authorizes the City Manager
and City Clerk to execute an agreement upon the conclusion of successful negotiations.
This solicitation is under the Cone of Silence. •
• BACKGROUND/HISTORY
The City of Miami Beach ("City") 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 cleanliness,as well
as an option for emergency services should the City need to recover from a weather-related emergency(e.g.,hurricane).
To maintain the required level of cleanliness,the City is in need of routine and emergency waterway cleanup and debris removal
services 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, Indian Creek Waterway, Lake Pancoast, and the
Collins Canal.
•
On May 21,2019, the Mayor and City Commission approved the award of contract RFP 2019-067-WG for waterway cleanup and
debris removal.The contract has an initial term of two(2)years with three(3)additional one(1)years terms.Accordingly,this Item
seeks approval to award the RFP for waterway cleanup and d debris removal to establish a replacement contract prior to the current
contract expiration of July 25,2024.
Through this RFP, the City sought proposals for both routine and emergency cleanup 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 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 RFP and the resulting agreement for routine maintenance (Group I) only. Uniform Guidance Procurement
Standards 2 CFR 200.317-200.326 will apply to emergency services.
ANALYSIS
On February 21,2024, the Mayor and City Commission authorized the issuance of RFP 2024-060-DF for waterway cleanup and
debris removal.On February 23, 2024,the RFP was issued.A voluntary pre-proposal conference was held on March 6,2024,to
provide information to proposers submitting a response.One(1)addendum was issued,and 56 prospective bidders accessed the
advertised solicitation. RFP responses were due and received on March 27,2024.The City received a total of five(5)proposals
from the following firms:
• Adventure Environmental,Inc.
• Aquatic Control Group,Inc.
• DRC Emergency Services,LLC
• Kearns Construction Company 57 •
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. Neat Sand.Inc.
On March 18,2024,the City Manager appointed the Evaluation Committee via LTC#096-2024("The Committee").The Committee
comprised Dave Doebler, Chair, Marine and Waterfront Protection Authority; Lindsey Precht,Assistant Director, Environmental &
Sustainability Department; and George Ruiz, Sanitation Assistant Director, Public Works Department.The Evaluation Committee
convened on April 4,2024,to consider the proposals received.
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 as indicated below and in Attachment A.
1st-Adventure Environmental Inc.
2nd-Aquatic Control Group Inc.
3rd-Neat Sand,Inc.
4th-Kearns Construction Company
5th-DRC Emergency Services LLC
The Evaluation Committee deemed Adventure Environmental, Inc.("AEI")the top-ranked proposer'and the most qualified firm for
the project.AEI has provided the City with waterway cleanup and debris removal services since 2012.The Committee highlighted
that the services proposed by AEI meet the criteria and specifications outlined in the RFP. The Committee emphasized AEI's
extensive experience, particularly their intimate knowledge of the City's waterways gained from past and ongoing service. The
Committee also commended AEI's prompt communication and responsiveness,their proprietary equipment designed for enhanced
maneuverability and minimizing impact to marine life.
AEI was founded in July 1997 by the same management team that stands today with the specific purpose of positively Influencing
the marine waters of South Florida.For 27 years,AEI has been hired and completed hundreds of marine environmental and water
quality restoration projects for many local,state,and federal clients.
AEI's extensive project experience includes coastal-related services in the marine environment, including debris removal and
disposal, derelict vessel removal and disposal,,organic muck removal, processing and disposal, and advanced turbidity controls.
Since 2012,the City has been satisfied with AEI's performance as the incumbent provider of these services to the City. In addition
to the City,AEI has stated that it provides services locally to the South Florida Water Management District and Monroe County.All
references provided positive feedback
SUPPORTING SURVEY DATA
According to a 2022 Community Satisfaction Survey conducted by ETC Institute, the top six(6) City services most important to
residents include the cleanliness of the City's canals and waterways at (26.8%). In order to maintain the City's world-class
environment,it is imperative that these services be obtained for both wildlife and surrounding natural resources.
FINANCIAL INFORMATION
Staff performed a cost analysis to determine whether the fiscal impact was in the City's best interest.Adventure Environmental,
Inc.provided pricing that is,on average,17%less when compared to the current contract for these services.It is important to note
that the Consumer Price Index for All Urban Consumers (CPI-U) in Miami-Fort Lauderdale-West Palm Beach increased
approximately 23.6%from August 2020 through August 2023,the current contract period.
The annual cost submitted by Adventure Environmental, Inc.is the lowest cost of all bids received,at$217,000.00.The current
budget is$231,000.00 annually for these services.The remaining proposers will not be considered further due to their proposed
costs for the services significantly exceeding,budget availability.For example,the second and third-ranked firms proposed a cost
of$989,600.00 and$981,030.00,respectively.
Prior to the approval to issue this RFP on February 21,2024,the City Commission and Administration discussed the possibility of
increasing the amount of service provided by way of adding funds to the current allocated budget. Consequently, an item was
referred to the April 19,2024, Finance and Economic Resiliency Committee(FERC).Although the item was not heard during the
' proposed date, if an increase is recommended by FERC and approved by City Commission thereafter, the Administration may
negotiate additional services with the selected firm pursuant to Appendix A—Minimum Requirements and Specifications, Section
A5.Special Conditions,subsection No.4 titled"Additional Services"of the RFP.
Amount(s)/Account(s):
435-0430-000312-29-413-511-00-00-00- $231,000.00
$231,000.00
CONCLUSION.
Based on the foregoing, it is recommended that the Mayor and City Commission approve the Resolution authorizing the
Administration to negotiate Adventure Environmental, Inc.,as th58nanimous top-ranked proposer. Further, authorizing the Interim
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City Manager and City Clerk to execute an Agreement upon conclusion of successful negotiations.
LOBBYIST DISCLOSURE
In accordance with Resolution No.2023-32857,adopted by the City Commission on l ecember 13,2023,the following information
has been provided by the Administration:
1. Was the Agenda Item Initially requested by a lobbyist which, as defined In Code Sec. 2-481, includes a principal engaged In
lobbying?No.
2.If so,specify name of lobbyist(s)and principal(s):Not applicable. •
Applicable Area
Citywide
is this a"Residents Right to Does this item utilize G.O, '
Know"item,pursuant to Bond Funds?
City Code Section 2-14?
Yes No
.ggtslative Tracking
Environment and SustainabilitylProcurement
ATTACHMENTS;
•
Description
o Attachment A-Evaluation Committee Scoring and Ranking
O OMB Available Balance
D Resolution
•
59
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- RFP 2024-060-OF ' •
Waterway Cleanup and Oso,Osab sr •� Y - George Ruiz Lindsey Patch( r
Debris Removal �` � �e a
Totals
Que9YBve Ouaraltettes ..Subtotal QuNtettve Quantitative Subtotal Q1nlSefire Quantitative Subtotal
Adventure Environmental 70 20 90 1 78 20 98 1 74 20 94 1 5 3 1
Aquatic Control Group 42 4 48 3 72 4 76 2 71 4 75 2 5 7 2
Neat Sand 70 4 74 2 70 4 74 3 65 4 69 3■ 8 '3
Kearns Construction Co. 38 2 40 4 69 2 71 4 53 2 65 4■ 12 4
ORC Emergency Services 38 1 39 5 87 1 88 5 53 1 64 5 I 15 5
•
Quantitedvs Poled' " . •
Tow
Proposer Cost Proposed Maximum Pointe Tool Points Vs uua9 Quantitative
/Warded Paths (Cost•
Veteran's)
(Adventure Environmental $ 217,000.00. 20 20 5 20
Aquatic Control Group $ 989,600.00 20 4 5 4
DRC Emergency Sank,. $3,881,456.00 r— 20 1 5 1
Reams Construction Co. $1,745,250.0` 20 2 5 2
Neat Sand S 981,030.001 20 4 5 4
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Docusign Envelope ID:3335AF69-8A21-4943-AE7A-98F8C5278B6D
OMB Available Balance as of 4/29/2024:
E 435-0430-00031249.113.511.00.00-00• Professional Services
Project String
Segment threshold• Cost Center/Fund remaining threshold
Requested Requested
year 2025 Description Environmental Department Waterway Cleaning
Services
Period 01
Line 3
Sequence 0
Continuing Item
Justification
•' r Lr
Request group
usurdefteed
Approval Status
Quantity 1.00
Unit cost 431.Oo0.o0i
Budgeted amount allocated to Sanitation for Waterway Cleaning Services.
Based on the adopted FY 2024 budgets depicted above,there is sufficient funding for this item.
61