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HomeMy Public PortalAbout21-9881 Piggyback Envirowaste for Storm Drainage SystemSponsored by: City Manager RESOLUTION NO. 21-9881 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK ON THE CITY OF DORAL, FLORIDA'S CONTRACT WITH ENVIROWASTE SERVICES GROUP, INC. FOR CATCH BASIN MAINTENANCE SERVICES RELATED TO THE CITY'S STORM DRAINAGE SYSTEM, IN AN AMOUNT NOT TO EXCEED TWENTY-EIGHT THOUSAND DOLLARS ($28,000.00); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-Locka ("City") seeks to mitigate flooding and water pollution during the rainy season. This type of cleanup is required to be done periodically to prevent water pollution and flooding as a result of stormwater runoff; and WHEREAS, City staff does not possess the manpower to perform this task in- house; and WHEREAS, the City of Doral has considered the bid submitted by Envirowaste Services Group, Inc. ("Contractor") in response to its Request for Proposals #2013-32 for catch basin maintenance services for the City of Doral's stormwater drainage infrastructure; and WHEREAS, pursuant to Resolution 14-36, the City of Doral subsequently entered into a Contract with the Contractor for cleaning of catch basins, cleaning of pipe and other miscellaneous items to complete project (Contract and Renewals attached hereto as Composite Exhibit "A"); and WHEREAS, the contract was negotiated for an initial term of two (2) years with the option to renew for additional two one (1) year terms. The initial two (2) year contract expired on March 24, 2016, the 1St one year extension expired on March 24, 2017 and the 2nd one year extension expired on March 24, 2018. A final 6 -month extension was given and expired on September 30, 2018. The City of Doral Mayor and City Council -Members approved Resolution 18-156 extending the agreement for an additional two (2) years with the option to renew for additional two one (1) year terms. The two (2) year extension expired on September 30, 2020. On August 25, 2020, the contract was extended for a one (1) year period and will expire on September 30, 2021; and WHEREAS, the City Commission finds that it is in the best interest of the City to piggyback the City of Doral's contract with Envirowaste Services Group, Inc., in order to benefit from already negotiated rates for catch basin maintenance services and enter into an agreement for the citywide cleaning of storm drain and manhole structures, Resolution No. 21-9881 attached hereto as Exhibit "B", in an amount not to exceed Twenty Eight Thousand Dollars ($28,000.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission of the City of Opa-Locka, Florida hereby authorizes the City Manager to piggyback the City of Doral's contract with Envirowaste Services Group, Inc., in order to benefit from already negotiated rates and enter into an agreement for the citywide cleaning of storm drain and manhole structures, attached hereto as Exhibit "B", in an amount not to exceed Twenty -Eight Thousand Dollars ($28,000.00). SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall be effective immediately upon adoption hereof and approval by the Governor of the State of Florida or Governor's designee. PASSED and ADOPTED this 14th day of July, 2021. Matthew A. Pigatt, Mayor ATTEST: a Flores, City Clerk 2 Resolution No. 21-9881 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bernadette Nsir City Attorney Moved by: Commissioner Taylor Seconded by: Commissioner Davis VOTE: 4-0 Commissioner Taylor YES Commissioner Burke ABSENT Commissioner Davis YES Vice -Mayor Williams YES Mayor Pigatt YES 3 City of Opa-locks Agenda Cover Memo Department Director. Airia Austin Department Director Signature: a. t� • City Manager. John E. Pate CM Signature: Commission Meeting Date: 07/14/2021 Item Type: (EnterX in box) Resolution 1 ?T fed Other R , ,. Fiscal Impact (Enter xin box) Yes No Ordinance Reading. (Enter X in box) 1# Reading 2`d Reading X Public Healing: (Enter X to box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: See Financial Impact Section Advertising Requirement (Enter X in box) Yes No X Contract/P.O. (Enter Xin box) Yes No RFP/RFQJBid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational El Bus. & Economic Dev 0 Public Safety IN Quality of Education I] QuaL of Life & City Image 0 Communication 0 Strategic Plan 04/Strategy: (list the specific objective/stmt y this item mitt address) X Sponsor Name City Manager Department City Manager Short 'rule: Citywide Cleaning of Storm Drainage System Staff Summary: This request is to piggyback an existing contract with the City of Doral for qualified professional services to clean the City's storm drainage system. This type of cleanup is required to be done periodically to prevent water pollution and flooding as a result of stormwater runoff. The City does not have the manpower to do it in house. The job will be completed by Envirowaste Services Group, Inc for $28,000. Financial Impact Account Description Available Project Remaining Balance 43-538340 Other Contracted Services $135,232 $28,000 $107,232 Proposed Action: Staff recommends City Commission approval of this item to mitigate flooding and water pollution during the rainy season. Attadunent 1. Agenda 2. Proposal Provided by Envirowaste 3. Piggyback Memorandum 4. Contract Agreement between the City and Envirowaste 5. Shenandoah Proposal ENVIRO WASTE SERVICES GROUP SPECIFIC WORK ORDER BETWEEN ENVIROWASTE SERVICES GROUP, INC. and City of OpaLocka The parties to this Specific Work Order are parties to this Professional Services dated April 26, 2021 _(the "Agreement"). The parties hereto agree that all of the terms and conditions set forth in the Agreement are in full force and effect and incorporated herein by reference. The terms and conditions of the Agreement shall govern and control over any inconsistent terms or conditions contained in this Specific Work Order except as to the scope of work to be performed and the fees for such work which are set forth herein and which shall control. Capitalized terms used in this Specific Work Order that are not otherwise defined herein shall have the meanings ascribed to them in the Agreement. RE: Proposed storm drain and connecting pipe cleaning at City of OpaLocka, FL 1:: ( unit Unit price Total Cleaning of storm drain or manhole 100 EA $195.00 $19,500.00 Cleaning of connecting pipe 17,000 LF $0.50 $8,500.00 Prices provided from existing contract at City of Dora! All permits excluded from this proposal. Total= $28,000.00 SERVICE CHARGE: IF ANY PAYMENT DUE HEREUNDER OR PURSUANT TO ANY SPECIFIC WORK ORDER IS NOT RECEIVED BY THE CONSULTANT WITHIN THIRTY (30) DAYS AFTER ITS DUE DATE, A SERVICE CHARGE IN THE AMOUNT OF ONE AND ONE-HALF PERCENT (1.5%) OF THE UNPAID BALANCE WILL BE CHARGED TO THE CLIENT (THE "SERVICE CHARGE"). THE SERVICE CHARGE SHALL BE APPLIED MONTHLY AND ANY PREVIOUSLY UNPAID SERVICE CHARGE WILL BE ADDED TO THE UNPAID BALANCE. The Client hereby authorizes the Consultant to commence the work (commencement date) required under this Specific Work Order on . IN WITNESS WHEREOF, the parties have duly executed this Specific Work Order as of the day and year first above written. Client "CONSULTANT" (ENVIROWASTE SERVICES GROUP, INC.) A Florida Corporation SIGNATURE NAME / TITLE DATED 1100 Mike Garcia Operations TITLE 4/26/2021 DATED Miami • Broward • Orlando • Tampa Headquarters: 18001 Old Cutler Road, Suite 554, Palmetto Bay, FL 33157 info@envirowastesg.com 1 Phone (877) 637-9665 1 Fax (877) 637-9659 August 20, 2020 Albert P. Childress City Manager EnviroWaste Services Group, Inc. 18001 Old Cutler Road, Suite 554 Palmetto Bay, FL 33157 Ref: RFP #2013-32, Catch Basin Maintenance Program- Contract Extension Dear Mr. Fojon, As you are aware, the above referenced contract is for an initial term of two (2) years with the option to renew for an additional two one (1) year terms. The initial two (2) year contract expired on March 24, 2016, the 15' one year extension expired on March 24, 2017 and the 2" one year extension expired on March 24, 2018. A final 6 -month extension was given and expired on September 30, 2018. The Mayor and City Council -Members approved Resolution 18-156 extending the agreement for an additional two (2) years with the option to renew for an additional two one (1) year terms. The two (2) year extension is now set to expire on September 30, 2020. The City of Doral hereby invites your firm to extend the contract for an one (1) year period. This Contract extension will be under the same terms, conditions and prices as the original contract and will expire on September 30, 2021. The City wishes to thank you and your team for,the services you have provided over the last year. It is fully realized that on occasions you have gone over and above that of which was expected of you in your efforts to provide the best possible service to the City of Doral. Please kindly confirm receipt of this letter at your earliest convenience. If you have any questions, please do not hesitate to contact me. incerely, A .e P. Childress City Manager Accepted: EnviroWaste Services Group, Inc. Date: Fojo 5.101 NonImes( 53`'tTerrace • Dural. Florida 33166 • ('U5( 503-6725 % V1%.Cit)ulaoruLcom Edward Rojas City Manager September 14, 2018 EnviroWaste Services Group, Inc. 18001 Old Cutler Road, Suite 554 Palmetto Bay, FL 33157 Ref: RFP #2013-32, Catch Basin Maintenance Program- Contract Extension Dear Mr. Fojon, As you are aware, the above referenced contract is for an initial term of two (2) years with the option to renew for an additional two one (1) year terms. The initial two (2) year contract expired on March 24, 2016, the 1St one year extension expired on March 24, 2017 and the 2"d one year extension expired on March 24, 2018. A final 6 -month extension was given and will expire on September 30, 2018. The City of Doral hereby invites your firm to extend the contract for two (2) years with the option to renew for an additional two one (1) year term. This Contract extension will be under the same terms, conditions and prices as the original contract and will expire on September 30, 2020. The City wishes to thank you and your team for the services you have provided over the last year. It is fully realized that on occasions you have gone over and above that of which was expected of you in your efforts to provide the best possible service to the City of Doral. Please kindly confirm receipt of this letter at your earliest convenience. ave any questions, please do not hesitate to contact me. ly, EdLvar4 Rojas City M nager Accepted: EnviroWaste Services taroup, Inc. Date: 9- (?i' If g/ 84011 3"11 Terrace • Doral, Florida 33166 • (305) 593-6725 www.cityol'doral.corn Res. No. 18-156 Page 1 of 4 RESOLUTION No. 18-156 A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DORAL, FLORIDA, PURSUANT TO SECTION 2-321 OF THE CITY CODE OF ORDINANCES, WAIVING THE COMPETITIVE BID PROCESS IN FAVOR OF ENVIROWASTE FOR CATCH BASIN MAINTENANCE SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE EXTENSION OF THE AGREEMENT WITH ENVIROWASTE FOR AN ADDITIONAL TWO (2) YEARS WITH THE OPTION TO RENEW FOR AN ADDITIONAL TWO ONE (1) YEAR PERIODS UNDER THE SAME TERMS, CONDITIONS, AND PRICES OF THE ORIGINAL CONTRACT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT EXTENSION AND EXPEND BUDGETED FUNDS ON BEHALF OF THE CITY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on December 11, 2013, the City of Doral (the "City") issued Request for Proposal #2013-32, "Catch Basin Maintenance Program" (the RFP) for the purpose of obtaining catch basin maintenance services for the City's stormwater drainage infrastructure; and WHEREAS, via Resolution 14-36, a two-year contract with an option to renew for an additional two one-year periods was awarded to EnviroWaste Services Inc.; and WHEREAS, the initial two (2) year period of the contract expired on March 24, 2016, the first one-year extension expired on March 24, 2017, and the second and final one-year extension expired on March 24, 2018; and WHEREAS, Resolution No. 18-30 granted the Public Works Department ("PWD") a six-month extension period which is set to expire on September 30, 2018 in order to perform a market analysis and be able to determine if extending the current contract for a longer period will be in the best interest of the City of Doral; and WHEREAS, the result from the market analysis confirms that the City's current contract with EnviroWaste Services Inc. provides the City with competitive prices, Res. No. 18-156 Page 2 of 4 quality, and reliability as evidenced by the number of municipalities and Doral communities that have adopted the City's contract; and WHEREAS, section 2-321 of the City of Doral Code of Ordinances authorizes the wavier of the City's competitive bidding process, upon the recommendation of the City Manager that is in the City's best interest to do so due to the nature of the good and/or services; and WHEREAS, based on the market analysis conducted by PWD, the City Manager has recommended the waiver of the competitive bid because it is in the City's best interest; and WHEREAS, staff respectfully requests that the City Council authorize the City Manager to extend ITB #2013-32, under the same terms, costs and conditions, for two (2) years with the option to renew for an additional two one (1) year terms. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DORAL, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are confirmed, adopted, and incorporated herein and made part hereof by this reference. Section 2. Waiver. Pursuant to Section 2-321 of the City Code, and upon the recommendation of the City Manager, the competitive bid process is hereby waived in favor of Envirowaste, Inc. This waiver in and of itself, absent an agreement, does not vest Envirowaste with any contractual rights. Section 3. Approval. The extension of the agreement between the City of Doral and Envirowaste, Inc. for Catch Basin Maintenance services for two (2) years with Res. No. 18-156 Page 3 of 4 the option to renew for an additional two one (1) year terms under the same terms, costs and conditions, in an amount not to exceed budgeted funds, is hereby approved. Section 4. Authorization. The City Manager is authorized to execute the work orders and expend budgeted funds on the behalf of the City. Section 5. Implementation. The City Manager and the City Attorney are hereby authorized to take such further action as may be necessary to implement the purpose and the provisions of this Resolution. Section 6. Effective Date. This Resolution shall take effect immediately upon adoption. Res. No. 18-156 Page 4of4 The foregoing Resolution was offered by Vice Mayor Rodriguez who moved its adoption. The motion was seconded by Councilmember Mariaca and upon being put to a vote, the vote was as follows: Mayor Juan Carlos Bermudez Yes Vice Mayor Ana Maria Rodriguez Yes Councilman Pete Cabrera Absent/Excused Councilwoman Christi Fraga Yes Councilwoman Claudia Mariaca Yes PASSED AND ADOPTED this 12 day of September, 2018. JUAN CARLO .:ERMUDEZ, MAYOR CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFIENCY FOR THE USE AND RELIANCE OF THE CITY OF DORAL ONLY: WEISS, SEROTA, HE AN, COLE & BIERMAN, P.L. CITY ATTORNEY Memorandum Date: September 12, 2018 To: The Honorable Mayor and Memyersof the City Council Via: Edward Rojas, City Managed From: Jorge Gomez, Public Works Director Subject: ITB #2013-32 Catch Basin Maintenance Program — Contract Extension Introduction This memorandum provides staff's recommendation for the contract extension of ITB #2013-32 Catch Basin Maintenance Services, which expires on September 30, 2018. The Public Works Department (PWD) completed a market analysis and recommends a waiver to competitive bid requirements and a contract extension of two (2) years with the option to renew for an additional two one (1) year terms under the same terms, conditions, and prices as the original contract with Envirowaste Services Inc. Background In order to comply with the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System Permit (MS4 Permit) and the National Flood Insurance Program Community Rating System (CRS), municipalities are required to implement numerous best management practices (BMPs) to prevent water pollution as a result of stormwater runoff. One of the required practices is the cleaning of the stormwater drainage catch basins, better known as stormwater inlets. To comply with this requirement, the City of Doral implemented a Catch Basin Maintenance Program to control pollutant discharges and to protect the environment. The City has implemented this Program since its beginnings, first by adopting the Village of Pinecrest contract and eventually by competitively bidding the services. Currently, the City infrastructure is comprised of approximately 2,568 inlets, 754 stormwater manholes, and approximately 242,100 linear feet of solid pipe and exfiltration trench (better known as french drain). This infrastructure keeps expanding as new areas are developed, new public roads are constructed, and drainage improvement projects are completed. The Catch Basin Maintenance Program is scheduled throughout the fiscal year servicing each City section in a clockwise direction. Under the current budget, the entire City's stormwater infrastructure is serviced every 2 years, which is a requirement to maintain the City's NPDES MS4 Permit. Procurement On December 11, 2013, RFP #2013-32 was issued for the purpose of providing catch basin maintenance services to the City's stormwater drainage infrastructure. Five (5) firms attended the Mandatory Pre - Proposal Meeting which was held on December 20, 2013. One (1) proposal was received and opened on January 15, 2014, with the firm meeting the required criteria. A two (2) year contract with an option to renew for an additional two one-year periods was awarded to EnviroWaste Services Inc. (EnviroWaste) by Resolution No. 14-36. The initial two (2) year period of the contract expired on March 24, 2016, the first one-year extension expired on March 24, 2017 and the second one-year extension expired on March 24, 2018. Resolution No. 18-30 granted the PWD a 6 -month extension period which is set to expire on September 30, 2018 in order to perform a market analysis. As part of the analysis, the PWD contacted three (3) municipalities which entered into three different contracts with EnviroWaste. Each contract has different established prices. The unit price of each municipal contract was used to estimate the cost to service the City's stormwater drainage infrastructure. As shown in Figure 1, the cost to service the City's infrastructure using each municipal contract pricing increases in the range of $91,396.02 to $871,037.55 compared to the City's current cost. Figure 1 - EnviroWaste Contract Cost Analysis Cost to Service Doral Stormwater System - Based on each Municipal Contract 0 u $1,800,000.00 51,600,000.00 $1,400,000.00 $1,200,000.00 $1,000,000.00 $800,000.00 $600,000.00 $400,000.00 $200,000.00 $0.00 i City of Doral City of Miami Village of City of Virginia Pinecrest Gardens Municipal Contract While conducting the market analysis, the City of Miami issued an Invitation for BID (IFB) (April 25, 2018) for Storm Sewer Cleaning Services. On June 28, 2018 the Final Bid Tabulation was posted showing four (4) business bid proposals with EnviroWaste as the lowest bidder. On July 16, 2018, the Notice of Intent to Award was sent to all responding bidders and the City Manager's recommendation to award EnviroWaste will be presented to the City of Miami Commission on September 13, 2018. As shown above, comparing the unit prices submitted for the City of Miami IFB with the City's current contract (RFP #2013-32), there would be a substantial increase of $871,037.55 to service the City's storm water infrastructure. Contact was made with other companies that provide similar services and references were requested. Based on these references and the company's capabilities, the PWD concluded that they would not be able to provide the level of service and reliability required to maintain the City's infrastructure to its current standards. The result from the market analysis confirms that the City's current contract with EnviroWaste provides competitive prices and the amount of entities that have adopted the City's contract supports these findings. Below please find a list with the number of municipalities and Doral communities that adopted the City's current contract with EnviroWaste. Municipality/Community Contract Amount Town of Cutler Bay $375,000.00 City of Coral Gables $300,000.00 City of North Bay Village $75,000.00 City of Palmetto Bay $75,000.00 City of Aventura $50,000.00 City of West Park $50,000.00 Town of Jupiter $50,000.00 City of North Miami Beach $100,000.00 Village of Palmetto Bay $15,000.00 Doral Woods Doral Landings Doral Dunes Doral Palms Doral Sands The Public Works Department (PWD) is requesting authorization from City Council to waive the competitive bid process, pursuant to section 2-321 of the City of Doral Code of Ordinances, and extend ITB #2013-32 (Catch Basin Maintenance Program). The PWD believes that the contract extension is in the best interest of the City due to the competitive prices, quality, and a reliable service of this vendor. The extension will be for two (2) years with the option to renew for an additional two one (1) year terms, under the same terms, conditions, and prices as the original contract. Attached please find "Exhibit A" which includes a copy of the current contract, a copy of the final 6 -month extension letter, and a copy of the contract extension letter for a two (2) year contract with an option to renew for an additional two one-year periods. Recommendation The PWD respectfully requests the City Council to authorize the City Manager to waive the competitive bid process and expend budgeted funds on the behalf of the City, pursuant to section 2-321 of the City of Doral Code of Ordinances, and extend the current contract with EnviroWaste Services Inc. This extension will be for two (2) years with the option to renew for an additional two one (1) year terms under the same terms, conditions, and prices of the original Contract. Funding for this request was budgeted for Fiscal Year 2018-19 and is available from the Public Works Department Stormwater Fund, Account Number #401.80005.500340 ($500,000). EXHIBIT 8 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DORAL AND EnviroWaste Services Group, Inc. FOR Catch Basin Maintenance Program THIS AGREEMENT, dated as of the 24 day of March 2014, is made between EnviroWaste Services Group, Inc., a Florida corporation, (hereinafter the "Vendor"), and the CITY OF DORAL, FLORIDA, a Florida municipal corporation, (hereinafter the "City"). WHEREAS, the Vendor and City, through mutual negotiation, have agreed upon a scope of services, schedule, and fee for Catch Basin Maintenance Program (the "Services"); and WHEREAS, the City desires to engage the Vendor to perform the services specified below. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Vendor and the City agree as follows. 1. Scope of Services/Deliverables. 1.1 The Vendor shall furnish professional services to the City as set forth in the Scope of Services as specified in Section 3.1. 1.2 The "Scope of Services" includes a Project Schedule for the Project which includes a breakdown of tasks, timeline and deliverables to the City. 2. Term/Commencement Date. 2.1 This Agreement shall become effective upon execution by both parties and shall remain in effect through March 24, 2016, unless earlier terminated in accordance with Paragraph 8. The City Manager may extend the term of this Agreement up to an additional two (2) one (1) year periods by written notice to the Vendor. 71 2.2 Vendor agrees that time is of the essence and Vendor shall complete each deliverable for the Project within the timeframes set forth in the Project Schedule, unless extended by the City Manager. 3. Compensation and Payment. 3.1 The Vendor shall be compensated in the following manner: A lump sum amount of $ , regardless of the number of hours or length of time necessary for Vendor to complete the Scope of Services. Vendor shall not be entitled to any additional payment for any expenses incurred in completion of the Scope of Services. A breakdown of costs used to derive the lump sum amount, including but not limited to hourly rates, estimated travel expenses and other applicable rates, is specified in the Scope of Services. Upon completion of the work, Vendor shall submit its bill[s] for payment in a form approved by the City. The bill[s] shall identify the services completed and the amount charged. V On a time and material/expense basis to complete the Scope of Services, provided, however, that total payments to Vendor shall not exceed $696,100 in the first two year period of the Contract, without the prior written approval of the City. Vendor shall submit its bills in arrears upon the completion of each task or deliverable in accordance with the Project Schedule or on a monthly basis in a form approved by the City. The bills shall show or include: (1) the task(s) performed; (ii) the time devoted to the task(s); (iii) the hourly rate or rates of the persons performing the task(s); and (iv) copies of receipts for reimbursable materials/expenses, if any. Expenses not expressly authorized by the Agreement shall not be reimbursed. 3.2 The City shall pay Vendor in accordance with the Florida Prompt Payment Act. 3.3 If a dispute should occur regarding an invoice submitted, the City Manager may withhold payment of the disputed amount and may pay to the Vendor the undisputed portion of the invoice. Upon written request of the Finance Director, the Vendor shall provide written documentation to justify the invoice. Any compensation disputes shall be decided by the City Manager whose decision shall be final. 72 4. Sub -contractors. 4.1 The Vendor shall be responsible for all payments to any sub -contractors and shall maintain responsibility for all work related to the Project. 4.2 Any sub -contractor used on the Project must have the prior written approval of the City Manager or his designee. 5. City's Responsibilities. 5.1 Furnish to Vendor, at the Vendor's written request, all available maps, plans, existing studies, reports and other data pertinent to the services to be provided by Vendor, in possession of the City. 5.2 Arrange for access to and make all provisions for Vendor to enter upon real property as required for Vendor to perform services as may be requested in writing by the Vendor (if applicable). 6. Vendor's Responsibilities. 6.1 The Vendor shall exercise the same degree of care, skill and diligence in the performance of the Project as is ordinarily provided. If at any time during the term of this Agreement or within one year from the completion of the Project, it is determined that the Vendor's deliverables are incorrect, defective or fail to conform to the Scope of Services of the Project, upon written notification from the City Manager, the Vendor shall at Vendor's sole expense, immediately correct the work. The City in no way assumes or shares any responsibility or liability of the Vendor or Sub -contractor under this agreement. 7. Conflict of Interest. 7.1 To avoid any conflict of interest or any appearance thereof, Vendor shall not, for the term of this Agreement, represent any private sector entities (developers, corporations, real estate investors, etc.), with regard to any City related matter. 73 8. Termination. 8.1 The City Manager without cause may terminate this Agreement upon thirty (30) days written notice to the Vendor, or immediately with cause. 8.2 Upon receipt of the City's written notice of termination, Vendor shall stop work on the Project. 8.3 In the event of termination by the City, the Vendor shall be paid for all work accepted by the City Manager up to the date of termination, provided that the Vendor has first complied with the provisions of Paragraph 8.4. 8.4 The Vendor shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Project to the City, in a hard copy and electronic format specified by the City within 14 days from the date of the written notice of termination or the date of expiration of this Agreement. 9. Insurance. 9.1 The Vendor shall secure and maintain throughout the duration of this Agreement insurance of such type and in such amounts as required by Exhibit A. The insurance carrier shall be qualified to do business in the State of Florida and have agents upon whom service of process may be made in the State of Florida. 9.2 Certificates of Insurance shall be provided to the City at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the City before any policy or coverage is cancelled or restricted, or in accordance to policy provisions. The City further reserves the right to solicit additional coverage, or require higher limits of liability as needed, and depending on the nature of scope, or level of exposure. 10. Nondiscrimination. 10.1 During the term of this Agreement, Vendor shall not discriminate against any of its employees or applicants for employment because of their race, 74 color, religion, sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination 11. Attorneys' Fees and Waiver of Jury Trial. 11.1 In the event of any litigation arising out of this Agreement, each party shall be responsible for their attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 11.2 In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury. 12. Indemnification. 12.1 Vendor shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, arising out of, related to, or any way connected with Vendor's performance or non- performance of any provision of this Agreement including, but not limited to, liabilities arising from contracts between the Vendor and third parties made pursuant to this Agreement. Vendor shall reimburse the City for all its expenses including reasonable attorneys' fees and costs incurred in and about the defense of any such claim or investigation and for any judgment or damages arising out of, related to, or in any way connected with Vendor's performance or non-performance of this Agreement. This section shall be interpreted and construed in a manner to comply with any applicable Florida Statutes, including without limitation Sections 725.06 and 725.08, Fla. Stat., if applicable. 12.2 The provisions of this section shall survive termination of this Agreement. 12,3 Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this indemnification, the receipt and sufficiency of which is voluntary and knowingly acknowledged by the Vendor. 75 13. Notices/Authorized Representatives. 13.1 Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand -delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the following addresses: For the City: With a Copy to: For The Vendor: 14. Governing Law. Joe Carollo, City Manager City of Doral, Florida 8401 NW 53rd Terrace Doral, Florida 33166 John Herin, Jr., Esq City Attorney Gray Robinson, P.A. 401 E. Las Olas Blvd., Suite 1850 Ft. Lauderdale, Florida 33301 Eduardo Barba, President EnviroWaste Services Group, Inc. 4 SE 1st Street, Second Floor Miami, Florida 33131 14.1 This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be in Miami -Dade County, Florida, or the Southern District of Florida. 15. Entire Agreement/Modification/Amendment. 15.1 This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 76 15.2 No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. Ownership and Access to Records and Audits. 16.1 All records, books, documents, maps, data, deliverables, papers and financial information (the "Records") that result from the Vendor providing services to the City under this Agreement shall be the property of the City. 16.2 The City Manager or his designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any Records of the Vendor involving transactions related to this Agreement. 16.3 The City may cancel this Agreement for refusal by the Vendor to allow access by the City Manager or his designee to any Records pertaining to work performed under this Agreement that are subject to the provisions of Chapter 119, Florida Statutes. 17. Nonassignability. 17.1 This Agreement shall not be assignable by Vendor unless such assignment is first approved by the City Manager. The City is relying upon the apparent qualifications and personal expertise of the Vendor, and such firm's familiarity with the City's area, circumstances and desires. 18. Severability. 18.1 If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 77 19. Independent Contractor. 19.1 The Vendor and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. 20.1 The Vendor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the Project. 21. Waiver 21.1 The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 22. Survival of Provisions 22.1 Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingency Fees. 23.1 The Vendor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Vendor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 78 24. Counterparts 24.1 This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterpart shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties execute this Agreement on the respective dates under each signature: The City, signing by and through its City Manager, attested to by its City Clerk, duly authorized to execute same and by Vendor by and through its whose representative has been duly authorized to execute same. Attest: Barbara Herrera, City Cler Cvtc,..(-16-4-12%. 1/4- CITY OF DORAL By: D Approved As To Form and Legal Sufficiency for the Use And Reliance of the City of Doral Only: John ., City A 79 Vendor By: Its: Date: V/s/v Res. No. 14-36 Page 1 of 3 RESOLUTION NO, 14-36 A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DORAL, FLORIDA ACCEPTING THE PROPOSAL AND APPROVING A CONTRACT BETWEEN THE CITY AND ENVIRO WASTE SERVICES GROUP, INC.; IN AN AMOUNT NOT TO EXCEED $696,100.00 FOR THE INITIAL TWO YEAR PERIOD OF THE CATCH BASIN MAINTENANCE PROGRAM WITH AN OPTION TO RENEW FOR AN ADDITIONAL TWO ONE (1) YEAR PERIODS FOR CATCH BASIN MAINTENANCE SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT AND EXPEND BUDGETED FUNDS ON BEHALF OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in response to Request for Proposal #2013-32 titled "Catch Basin Maintenance Program" (the "Project"), the City of Doral received one (1) proposal by the January 15, 2014 deadline with the proposing firm meeting the required criteria; and WHEREAS, upon review of the proposal received, Staff determined that Enviro Waste Services Group, Inc. was the only responsive and responsible proposer (the "Contractor"); and WHEREAS, a copy of Contractor's submittal to RFP #2013-32, and the Contract Agreement are attached as Exhibit A; and WHEREAS, the City Council finds that accepting the proposal and entering into a contract for the Project with the Contractor is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DORAL AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and incorporated herein. Res. No. 14-36 Page 2 of 3 Section 2. Approval. The Contract between the City and Contractor for the Project in an amount not to exceed $696,100.00 a copy of which is attached hereto as Exhibit "A", together with such non -material changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney, is hereby approved. The City Manager is authorized to execute the Contract and expend budgeted funds on behalf of the City. Section 3. Effective Date. This Resolution shall take effect immediately upon adoption. [Section left blank intentionally] Res. No 14-30 rage 3 of 3 The foregoing resolution was offered by Councilmember Ruiz who moved its adoption The motion was seconded by Mayor Bona and upon being put to a vote. the vote was as follows. Mayor Luigi Boria Yes Vice Mayor Christi Fraga Yes Councilwoman Ana Maria Rodriguez Yes Councilwoman Bettina Rodriguez Agrrilera Yes Councilwoman Sandra Ruiz Yes PASSED and ADOP FED this 19") day of February. 2014 14 L.UIGI B'VI�t'MAYOR ATTEST BARBARA HERRER h(� CITY CLERK APPROVED AS 10 FORM AND LEGAL SUFFICIENCY 1 OR [HE USE AND RELIANCE OF THE CITY OF DURAL ONLY. —JOHN R (ERIN. JR CITY ATTOR Item 1 Description Cleaning of Catch Basin Quantity 2,060 Unit EA Unit Price / (S ,x' Amount L%/ 766)- 2 Cleaning of Manhole 525 EA / c 104 3 75-- 3 Cleaning of Slab -Covered -Trench Box 71 EA j CIS / / 3 g vs—___ 4 Cleaning of Outfall Structure 84 EA / 57 /‘ ?50 5 Cleaning of Pipe 274,000 LF f 5-0 J3 7 ' o 6 Emergency Vac -Truck (includes operator) 160 HR S -5 ' I Z G/ f yk) _ PROPOSAL TOTAL "CD (6(uD— ) 6. Proposer agrees that the work will be completed as scheduled from the date stipulated in the Notice to Proceed. 7. Communications concerning this Proposal shall be addressed to: Proposer: EnviroWaste Services Group, Inc. Address: 4 SE 1st Street, Second Floor Miami, FL 33131 Telephone Facsimile Number Attention: (305) 637-9665 (305) 637-9659 Eduardo Barba, President 30 Memorandum Date: September 12., 2018 To: The Honorable Mayor and Mem • of the City Council Via: Edward Rojas, City Manager From: Jorge Gomez, Public Works Director Subject ITB #2013-32 Catch Basin Maintenance Program — Contract Extension Introduction This memorandum provides staffs recommendation for the contract extension of ITB #2013-32 Catch Basin Maintenance Services, which expires on September 30, 2018. The Public Works Department (PWD) completed a market analysis and recommends a waiver to competitive bid requirements and a contract extension of two (2) years with the option to renew for an additional two one (1) year terms under the same terms, conditions, and prices as the original contract with Envirowaste Services Inc. Background In order to comply with the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System Permit (MS4 Permit) and the National Flood Insurance Program Community Rating System (CRS), municipalities are required to implement numerous best management practices (BMPs) to prevent water pollution as a result of stormwater runoff. One of the required practices is the cleaning of the stormwater drainage catch basins, better known as stormwater inlets. To comply with this requirement, the City of Doral implemented a Catch Basin Maintenance Program to control pollutant discharges and to protect the environment. The City has implemented this Program since its beginnings, first by adopting the Village of Pinecrest contract and eventually by competitively bidding the services. Currently, the City infrastructure is comprised of approximately 2,568 inlets, 754 stormwater manholes, and approximately 242,100 linear feet of solid pipe and exfiltration trench (better known as french drain). This infrastructure keeps expanding as new areas are developed, new public roads are constructed, and drainage improvement projects are completed. The Catch Basin Maintenance Program is scheduled throughout the fiscal year servicing each City section in a clockwise direction. Under the current budget, the entire City's stormwater infrastructure is serviced every 2 years, which is a requirement to maintain the City's NPDES MS4 Permit. Procurement On December 11, 2013, RFP #2013-32 was issued for the purpose of providing catch basin maintenance services to the City's stormwater drainage infrastructure. Five (5) firms attended the Mandatory Pre - Proposal Meeting which was held on December 20, 2013. One (1) proposal was received and opened on January 15, 2014, with the firm meeting the required criteria. A two (2) year contract with an option to renew for an additional two one-year periods was awarded to EnviroWaste Services Inc. (EnviroWaste) by Resolution No. 14-36. The initial two (2) year period of the contract expired on March 24, 2016, the first one-year extension expired on March 24, 2017 and the second one-year extension expired on March 24, 2018. Resolution No. 18-30 granted the PWD a 6 -month extension period which is set to expire on September 30, 2018 in order to perform a market analysis. As part of the analysis, the PWD contacted three (3) municipalities which entered into three different contracts with EnviroWaste. Each contract has different established prices. The unit price of each municipal contract was used to estimate the cost to service the City's stormwater drainage infrastructure. As shown in Figure 1, the cost to service the City's infrastructure using each municipal contract pricing increases in the range of $91,396.02 to $871,037.55 compared to the City's current cost. Figure I - EnvirolVaste Contract Cost Analysis Cost to Service Doral Stormwater System - Based on each Municipal Contract 0 Li $1,800,000.00 $1,600,000.00 $1,400,000.00 $1,200,000.00 $1,000,000.00 $800,000.00 $600,000.00 $400,000.00 $200,000.00 $0.00 11 City of Doral City of Miami Village of City of Virginia Pinecrest Gardens Municipal Contract While conducting the market analysis, the City of Miami issued an Invitation for BID (IFB) (April 25, 2018) for Storm Sewer Cleaning Services. On June 28, 2018 the Final Bid Tabulation was posted showing four (4) business bid proposals with EnviroWaste as the lowest bidder. On July 16, 2018, the Notice of Intent to Award was sent to all responding bidders and the City Manager's recommendation to award EnviroWaste will be presented to the City of Miami Commission on September 13, 2018. As shown above, comparing the unit prices submitted for the City of Miami IFB with the City's current contract (RFP #2013-32), there would be a substantial increase of $871,037.55 to service the City's storm water infrastructure. Contact was made with other companies that provide similar services and references were requested. Based on these references and the company's capabilities, the PWD concluded that they would not be able to provide the level of service and reliability required to maintain the City's infrastructure to its current standards. The result from the market analysis confirms that the City's current contract with EnviroWaste provides competitive prices and the amount of entities that have adopted the City's contract supports these findings. Below please find a list with the number of municipalities and Doral communities that adopted the City's current contract with EnviroWaste. Municipality/Community Contract Amount Town of Cutler Bay $375,000.00 City of Coral Gables $300,000.00 City of North Bay Village $75,000.00 City of Palmetto Bay $75,000.00 City of Aventura $50,000.00 City of West Park $50,000.00 Town of Jupiter $50,000.00 City of North Miami Beach $100,000.00 Village of Palmetto Bay $15,000.00 Doral Woods Doral Landings Doral Dunes Doral Palms Doral Sands The Public Works Department (PWD) is requesting authorization from City Council to waive the competitive bid process, pursuant to section 2-321 of the City of Doral Code of Ordinances, and extend ITB #2013-32 (Catch Basin Maintenance Program). The PWD believes that the contract extension is in the best interest of the City due to the competitive prices, quality, and a reliable service of this vendor. The extension will be for two (2) years with the option to renew for an additional two one (1) year terms, under the same terms, conditions, and prices as the original contract. Attached please find "Exhibit A" which includes a copy of the current contract, a copy of the final 6 -month extension letter, and a copy of the contract extension letter for a two (2) year contract with an option to renew for an additional two one-year periods. Recommendation The PWD respectfully requests the City Council to authorize the City Manager to waive the competitive bid process and expend budgeted funds on the behalf of the City, pursuant to section 2-321 of the City of Doral Code of Ordinances, and extend the current contract with EnviroWaste Services Inc. This extension will be for two (2) years with the option to renew for an additional two one (1) year terms under the same terms, conditions, and prices of the original Contract. Funding for this request was budgeted for Fiscal Year 2018-19 and is available from the Public Works Department Stormwater Fund, Account Number #401.80005.500340 ($500,000). EXHIBIT B PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DORAL AND EnviroWaste Services Group, Inc. FOR Catch Basin Maintenance Program THIS AGREEMENT, dated as of the 24 day of March 2014, is made between EnviroWaste Services Group, Inc., a Florida corporation, (hereinafter the "Vendor"), and the CITY OF DORAL, FLORIDA, a Florida municipal corporation, (hereinafter the "City"). WHEREAS, the Vendor and City, through mutual negotiation, have agreed upon a scope of services, schedule, and fee for Catch Basin Maintenance Program (the "Services"); and WHEREAS, the City desires to engage the Vendor to perform the services specified below. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Vendor and the City agree as follows. 1. Scope of Services/Deliverables. 1.1 The Vendor shall furnish professional services to the City as set forth in the Scope of Services as specified in Section 3.1. 1.2 The "Scope of Services" includes a Project Schedule for the Project which includes a breakdown of tasks, timeline and deliverables to the City. 2. Term/Commencement Date. 2.1 This Agreement shall become effective upon execution by both parties and shall remain in effect through March 24, 2016, unless earlier terminated in accordance with Paragraph 8. The City Manager may extend the term of this Agreement up to an additional two (2) one (1) year periods by written notice to the Vendor. 71 2.2 Vendor agrees that time is of the essence and Vendor shall complete each deliverable for the Project within the timeframes set forth in the Project Schedule, unless extended by the City Manager. 3. Compensation and Payment. 3.1 The Vendor shall be compensated in the following manner: A lump sum amount of $ , regardless of the number of hours or length of time necessary for Vendor to complete the Scope of Services. Vendor shall not be entitled to any additional payment for any expenses incurred in completion of the Scope of Services. A breakdown of costs used to derive the lump sum amount, including but not limited to hourly rates, estimated travel expenses and other applicable rates, is specified in the Scope of Services. Upon completion of the work, Vendor shall submit its bill[s] for payment in a form approved by the City. The bill[s] shall identify the services completed and the amount charged. d On a time and material/expense basis to complete the Scope of Services, provided, however, that total payments to Vendor shall not exceed $696,100 in the first two year period of the Contract, without the prior written approval of the City. Vendor shall submit its bills in arrears upon the completion of each task or deliverable in accordance with the Project Schedule or on a monthly basis in a form approved by the City. The bills shall show or include: (1) the task(s) performed; (ii) the time devoted to the task(s); (iii) the hourly rate or rates of the persons performing the task(s); and (iv) copies of receipts for reimbursable materials/expenses, if any. Expenses not expressly authorized by the Agreement shall not be reimbursed. 3.2 The City shall pay Vendor in accordance with the Florida Prompt Payment Act. 3.3 If a dispute should occur regarding an invoice submitted, the City Manager may withhold payment of the disputed amount and may pay to the Vendor the undisputed portion of the invoice. Upon written request of the Finance Director, the Vendor shall provide written documentation to justify the invoice. Any compensation disputes shall be decided by the City Manager whose decision shall be final. 72 4. Sub -contractors. 4.1 The Vendor shall be responsible for all payments to any sub -contractors and shall maintain responsibility for all work related to the Project. 4.2 Any sub -contractor used on the Project must have the prior written approval of the City Manager or his designee. 5. City's Responsibilities. 5.1 Furnish to Vendor, at the Vendor's written request, all available maps, plans, existing studies, reports and other data pertinent to the services to be provided by Vendor, in possession of the City. 5.2 Arrange for access to and make all provisions for Vendor to enter upon real property as required for Vendor to perform services as may be requested in writing by the Vendor (if applicable). 6. Vendor's Responsibilities. 6.1 The Vendor shall exercise the same degree of care, skill and diligence in the performance of the Project as is ordinarily provided. If at any time during the term of this Agreement or within one year from the completion of the Project, it is determined that the Vendor's deliverables are incorrect, defective or fail to conform to the Scope of Services of the Project, upon written notification from the City Manager, the Vendor shall at Vendor's sole expense, immediately correct the work. The City in no way assumes or shares any responsibility or liability of the Vendor or Sub -contractor under this agreement. 7. Conflict of Interest. 7.1 To avoid any conflict of interest or any appearance thereof, Vendor shall not, for the term of this Agreement, represent any private sector entities (developers, corporations, real estate investors, etc.), with regard to any City related matter. 73 8. Termination. 8.1 The City Manager without cause may terminate this Agreement upon thirty (30) days written notice to the Vendor, or immediately with cause. 8.2 Upon receipt of the City's written notice of termination, Vendor shall stop work on the Project. 8.3 In the event of termination by the City, the Vendor shall be paid for all work accepted by the City Manager up to the date of termination, provided that the Vendor has first complied with the provisions of Paragraph 8.4. 8.4 The Vendor shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Project to the City, in a hard copy and electronic format specified by the City within 14 days from the date of the written notice of termination or the date of expiration of this Agreement. 9. Insurance. 9.1 The Vendor shall secure and maintain throughout the duration of this Agreement insurance of such type and in such amounts as required by Exhibit A. The insurance carrier shall be qualified to do business in the State of Florida and have agents upon whom service of process may be made in the State of Florida. 9.2 Certificates of Insurance shall be provided to the City at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the City before any policy or coverage is cancelled or restricted, or in accordance to policy provisions. The City further reserves the right to solicit additional coverage, or require higher limits of liability as needed, and depending on the nature of scope, or level of exposure. 10. Nondiscrimination. 10.1 During the term of this Agreement, Vendor shall not discriminate against any of its employees or applicants for employment because of their race, 74 color, religion, sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination 11. Attorneys' Fees and Waiver of Jury Trial. 11.1 In the event of any litigation arising out of this Agreement, each party shall be responsible for their attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 11.2 In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury. 12. Indemnification. 12.1 Vendor shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, arising out of, related to, or any way connected with Vendor's performance or non- performance of any provision of this Agreement including, but not limited to, liabilities arising from contracts between the Vendor and third parties made pursuant to this Agreement. Vendor shall reimburse the City for all its expenses including reasonable attorneys' fees and costs incurred in and about the defense of any such claim or investigation and for any judgment or damages arising out of, related to, or in any way connected with Vendor's performance or non-performance of this Agreement. This section shall be interpreted and construed in a manner to comply with any applicable Florida Statutes, including without limitation Sections 725.06 and 725.08, Fla. Stat., if applicable. 12.2 The provisions of this section shall survive termination of this Agreement. 12,3 Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this indemnification, the receipt and sufficiency of which is voluntary and knowingly acknowledged by the Vendor. 75 13. Notices/Authorized Representatives. 13.1 Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand -delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the following addresses: For the City: With a Copy to: For The Vendor: 14. Governing Law. Joe Carollo, City Manager City of Doral, Florida 8401 NW 53rd Terrace Doral, Florida 33166 John Herin, Jr., Esq City Attorney Gray Robinson, P.A. 401 E. Las Olas Blvd., Suite 1850 Ft. Lauderdale, Florida 33301 Eduardo Barba, President EnviroWaste Services Group, Inc. 4 SE 1st Street, Second Floor Miami, Florida 33131 14.1 This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be in Miami -Dade County, Florida, or the Southern District of Florida. 15. Entire Agreement/Modification/Amendment. 15.1 This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 76 15.2 No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. Ownership and Access to Records and Audits. 16.1 All records, books, documents, maps, data, deliverables, papers and financial information (the "Records") that result from the Vendor providing services to the City under this Agreement shall be the property of the City. 16.2 The City Manager or his designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any Records of the Vendor involving transactions related to this Agreement. 16.3 The City may cancel this Agreement for refusal by the Vendor to allow access by the City Manager or his designee to any Records pertaining to work performed under this Agreement that are subject to the provisions of Chapter 119, Florida Statutes. 17. Nonassignability. 17.1 This Agreement shall not be assignable by Vendor unless such assignment is first approved by the City Manager. The City is relying upon the apparent qualifications and personal expertise of the Vendor, and such firm's familiarity with the City's area, circumstances and desires. 18. Severability. 18.1 If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 77 19. Independent Contractor. 19.1 The Vendor and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. 20.1 The Vendor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the Project. 21. Waiver 21.1 The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 22. Survival of Provisions 22.1 Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingency Fees. 23.1 The Vendor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Vendor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 78 24. Counterparts 24.1 This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterpart shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties execute this Agreement on the respective dates under each signature: The City, signing by and through its City Manager, attested to by its City Clerk, duly authorized to execute same and by Vendor by and through its _ : _ whose representative has been duly authorized to execute same. Attest: CITY OF DORAL CAA c. (• `- By: Barbara Herrera, City Cler Date: Approved As To Form and Legal Sufficiency for the Use And Reliance of the City of Doral Only: - John City A 79 4zL' 2 Caroll City anager Vendor By: Its: L Date: Res. No. 14-36 Page 1 of 3 RESOLUTION NO. 14-36 A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DORAL, FLORIDA ACCEPTING THE PROPOSAL AND APPROVING A CONTRACT BETWEEN THE CITY AND ENVIRO WASTE SERVICES GROUP, INC.; IN AN AMOUNT NOT TO EXCEED $696,100.00 FOR THE INITIAL TWO YEAR PERIOD OF THE CATCH BASIN MAINTENANCE PROGRAM WITH AN OPTION TO RENEW FOR AN ADDITIONAL TWO ONE (1) YEAR PERIODS FOR CATCH BASIN MAINTENANCE SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT AND EXPEND BUDGETED FUNDS ON BEHALF OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in response to Request for Proposal #2013-32 titled "Catch Basin Maintenance Program" (the "Project"), the City of Doral received one (1) proposal by the January 15, 2014 deadline with the proposing firm meeting the required criteria; and WHEREAS, upon review of the proposal received, Staff determined that Enviro Waste Services Group, Inc. was the only responsive and responsible proposer (the "Contractor"); and WHEREAS, a copy of Contractor's submittal to RFP #2013-32, and the Contract Agreement are attached as Exhibit A; and WHEREAS, the City Council finds that accepting the proposal and entering into a contract for the Project with the Contractor is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DORAL AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and incorporated herein. Res. No. 14-36 Page 2 of 3 Section 2. Approval. The Contract between the City and Contractor for the Project in an amount not to exceed $696,100.00 a copy of which is attached hereto as Exhibit "A", together with such non -material changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney, is hereby approved. The City Manager is authorized to execute the Contract and expend budgeted funds on behalf of the City. Section 3. Effective Date. This Resolution shall take effect immediately upon adoption. [Section left blank intentionally] BARBARA HERRER Res No. 14-36 Page 3 of 3 The foregoing resolution was offered by Councilmember Ruiz who moved its adoption The motion was seconded by Mayor Boria and upon being put to rr vote. the vote was as follows. Mayor Luigi Boria Yes Vico Mayor Christi Fraga Yes Councilwoman Ana Maria Rodriguez Yes Councilwoman Bettina Rodriguez Aguiler a Yes Councilwoman Sandra Ruiz Yes r � PASSED and ADOP FED this 19'' day of February. 2014 L.UIGI BBf?4A.`MAYOR ATTEST CITY CLERK APPROVED AS 10 F ORM AND LEGAL SUFFICIENCY 1 -OR f HE USE AND RELIANCE OF THE CITY OF DURAL ONLY. . JOHN ERIN. JR CITY ATTORA�EY �vy� Item 1 Description Cleaning of Catch Basin Quantity 2,060 Unit EA Unit Price / I ,--p Amount ./6'/, 70 _ 2 Cleaning of Manhole 525 EA i q S /07 3 75- 3 Cleaning of Slab -Covered -Trench Box 71 EA c..-"1 .` ; y 4 Cleaning of Outfall Structure 84 EA / q S /‘ 3FG 5 Cleaning of Pipe 274,000 LF 5---0 15 700o- } 6 Emergency Vac -Truck (includes operator) 160 HR ) ST r PROPOSAL TOTAL (j / 6 /LSO 6. Proposer agrees that the work will be completed as scheduled from the date stipulated in the Notice to Proceed. 7. Communications concerning this Proposal shall be addressed to: Proposer: EnviroWaste Services Group, Inc. Address: 4 SE lst Street, Second Floor Telephone Facsimile Number Attention: Miami, FL 33131 (305) 337-9665 ( 305) 037-9659 Eduardo Barba; President 30 ROO- ;2..cco aq 4 tavao Kathy Phillips From: John E. Pate Sent: Friday, August 21, 2020 12:32 PM To: Airia Austin Cc: Owen Carney; Kathy Phillips; Marrilyn Chang; Sha'mecca Lawson Subject: RE: Re: Emergency Request - Envirowaste Services Group (REQ #20002294) Review & Approval Required 08.20.20 Approved. John E. Pate, MS, CM City Manager City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka, FL 33054 Office Phone - (786) 338-6598 Cell Phone - (786) 829-0739 E -Mail: jpate(a.opalockafl.00v NWU EMP# 44 NWU SPSC# 361 ILETSB-El PER21C# M-221 ILETSB-EI ESTLE21C# E-314 E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments might contain information that is confidential, legally privileged, contains law enforcement database information, or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any attachments and copies thereof from your system. If you are not the intended recipient or are otherwise not authorized to further disclose this message and its contents, please be aware that any copying, distribution, dissemination, disclosure or other use of this e-mail and any attachments is unauthorized and prohibited. This e-mail and any attached documents may contain Law Enforcement Sensitive material and should not be disseminated outside of official law enforcement channels. The information contained in this message as well as any attachments shall not be released to the media or the general public. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and any prohibited or unauthorized disclosure is not binding on the sender or the City of Opa-locka. From: Airia Austin Sent: Friday, August 21, 2020 12:26 PM To: John E. Pate <ipate@Opalockafl.gov> Cc: Owen Carney <ocarnev@Opalockafl.gov>; Kathy Phillips <kphillips@ Opalockafl.gov>; Marrilyn Chang <mchang@Opalockafl.gov>; Sha'mecca Lawson <slawson@Opalockafl.gov> Subject: RE: Re: Emergency Request - Envirowaste Services Group (REQ #20002294) Review & Approval Required 08.20.20 Importance: High Mr. Manager: We are seeking your approval, this is for the cleaning of our Stormwater drainage systems around the city. This is within your purview, and we are piggybacking their contract with the City of Doral. 1 Thah. you, ,4LrLa please vote i ant. operating rev.oteLU today, and do not have access to all volt, files From: Kathy Phillips Sent: Friday, August 21, 2020 11:49 AM To: Airia Austin <Aaustin@Opalockafl.gov>; Marrilyn Chang <mchang@Opalockafl.gov>; Sha'mecca Lawson <slawson@Opalockafl.gov> Cc: Owen Carney <ocarnevc Opalockafl.gov> Subject: Re: Emergency Request - Envirowaste Services Group (REQ #20002294) Review & Approval Required 08.20.20 Importance: High Good Morning: As requested see attached requisition #20002294. Proposal entered for Envirowaste Services Group for storm drain maintenance throughout City. Item awaits approval by ALL parties for issuance of PO number. Copy of Purchase Order requested as soon as possible. Thank you for your attention. From: John E. Pate Sent: Thursday, August 13, 2020 1:42 PM To: Airia Austin <Aaustin@Opalockafl.gov> Cc: Owen Carney <ocarnevP0palockafl.gov> Subject: Re: Storm Drains Maintenance Airia, Go forward with an emergency procurement based on our declared flood emergency procure. See if Bob agrees. Kathy Phillips, Exec. Sec. City of Opa-locka, Public Works and Utilities Department 12950 Lejeune Road (42nd Avenue) Opa-locka, Florida 33054 (305) 953-2828 Office ; (305) 953-2824 Fax kphillips(iopalockafl.gov ; Website: opalockafl.gov glootwo 2 PURCHASE ORDER NO. 20002076 CITY OF OPA-LOCKA, FLORIDA CITY HALL 780 FISHERMAN STREET, 4TH FLOOR OPA-LOCKA, FL 33064 Tel: 305-953-2868 V r 18929 FAX: 877-637-9659-1 E ENVIROWASTE SERVICES GROUP INC. N 18001 OLD CUTLER ROADS O SUITE 554 R L PALMETTO BAY FL 33157 PAGE NO. 1 HI PUBLIC WORKS DEPARTMENT 1 CITY OF OPA-LOCKA P 12950 LEJEUNE ROAD TI OPA-LOCKA, FL 33054 O ATTN: OWEN CARNEY/K. PHILLIPS ORDER DATE: 08/25/20 BUYER: CITY OF OPA-LOCKA REQ. NO.: 20002294 REQ. DATE: 08/21/20 TERMS: NET 30 DAYS F.O.B.: DESC.: STORM DRAIN MAINTENANCE ITEM# QUANTITY UOM DESCRIPTION 1.00 'PROPOSAL 08/13/20.20 'STORM DRAIN MAINTENANCE CLEAN STORM DRAINS & CONNECTING PIPES (SEE ATTACHED PROPOSAL) ACCOUNT AMOUNT PROJECT CODE UNIT PRICE PAGE TOTAL $ EXTENSION 24,750.00 24,750.00 24,750.00 43 538340 24,750.00 See Reverse Side For Additional Information. APPROVED BY TOTAL $ PREPAY ALL FREIGHT & ADD TO INVOICE FURNISHING BILL OF LADING. PO NUMBER MUST APPEAR ON ALL INVOICES, PACKING SLIPS, PACKAGES, & CORRESPONDENCE. IMPORTANT: Mall Invoice in DUPLICATE showing Purchase Order Number to Finance Department - PO Box 540371- OPA-LOCKA, Florida 33054 Immediately upon delivery. DIRECTOR OF PURCHASING CITY OF OPA-LOCKA AGREEMENT FOR CATCH BASIN MAINTENANCE SERVICES (Piggyback of City of Doral Competitive Award with Envirowaste Services Group, Inc.) This Agreement is made this day of , 2021, between the City of Opa-Locka, a municipal corporation organized and existing under the laws of the State of Florida and whose address is 780 Fisherman Street, Opa-Locka, Florida 33054 (the "City"), and Envirowaste Services Group, Inc. whose address is 550 S. Dixie Hwy #300, Coral Gables, FL 3314 (the "Contractor"). WITNESSETH WHEREAS, the City of Opa-Locka ("City") seeks to mitigate flooding and water pollution during the rainy season. This type of cleanup is required to be done periodically to prevent water pollution and flooding as a result of stormwater runoff; and WHEREAS, the Contractor desires to enter into this Agreement with City to provide for catch basin maintenance services for the City of Opa-Lock'a stormwater drainage infrastructure; and WHEREAS, the City of Doral has considered a bid submitted by Envirowaste Services Group, Inc. ("Contractor") in response to its Request for Proposals #2013-32; and WHEREAS, pursuant to Resolution 14-36, the City of Doral subsequently entered into a Contract with the Contractor for cleaning of catch basins, cleaning of pipe and other miscellaneous items to complete project (Contract and Renewals attached hereto as Composite Exhibit "A"); and WHEREAS, the contract was negotiated for an initial term of two (2) years with the option to renew for additional two one (1) year terms. The initial two (2) year contract expired on March 24, 2016, the 1st one year extension expired on March 24, 2017 and the 2nd one year extension expired on March 24, 2018. A final 6 -month extension was given and expired on September 30, 2018. The City of Doral Mayor and City Council - Members approved Resolution 18-156 extending the agreement for an additional two (2) years with the option to renew for additional two one (1) year terms. The two (2) year extension expired on September 30, 2020. On August 25, 2020, the contract was extended for a one (1) year period and will expire on September 30, 2021; and WHEREAS, the Contractor agrees to provide catch basin maintenance services to the City of Opa-Lock in an amount not to exceed Twenty Eight Thousand Dollars ($28,000.00); and WHEREAS, the parties desire to incorporate the terms and conditions of the solicitation and contractual arrangement between the City of Doral and Contractor as set forth in Request for Proposals #2013-32 for the provision of catch basin maintenance services, known as cleaning of stormwater draining and connecting pipe; and WHEREAS, the City Code provides authority for the City to select and contract through the use of the competitive bid process of another government entity as an exception to the otherwise required formal bidding process. NOW THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the receipt and sufficiency of which is acknowledged, the parties agree as follows: Section 1. Term. The term of this Agreement commences on and continues through September 30, 2021. Section g. Contract Terms, The Contractor agrees to provide the City with catch basin maintenance services in accordance with the City's requirements as set forth herein and the Standard Contract between the City of Doral and Contractor executed by the parties in March 2014; attached hereto and incorporated herein as Exhibit "A". The exhibits are incorporated into this Agreement for all purposes, and are collectively referred to as the "Contract Documents", and represent the entire agreement between the parties. In the event of conflict between or among the Contract Documents, the order of priority shall be: this Agreement, the Doral and Contractor Agreement and the Contractor's accepted proposal. Section 3. Scope of Work The following provisions are included: A City shall pay Contractor no more than the unit prices set forth in the Contract Documents and in accordance with the provisions of the Contract Documents for catch basin maintenance services. If the City requires services not covered by unit prices already made a part of the Contract Documents, the Contractor shall submit a detailed written proposal to the authorized City representative before providing any such services. For these purposes, the City Manager shall be the City Representative. B. If permits are required, Contractor shall submit complete and accurate permit applications to all applicable permitting agencies within ten work days of receiving from the City all documents necessary to file such permit applications. The City shall pay all permit and related fees directly to the permitting agencies, including any permit fees charged by the City. C.The City of Opa-Locka shall be substituted for the City of Doral with regard to any and all provisions of the City of Doral Agreement applicable hereto, the RPQ/RFP, and the Contractor's bid, including by example and not limitation, with regard to bond requirements, insurance, indemnification, licensing, termination, default and ownership of documents. All recitals, representations, and warranties of Contractor made in those documents are restated as if set forth fully herein,made for the benefit of the City, and incorporated herein. D.Contractor shall not commence work on the Project unless and until the requirements for insurance have been fully met by Contractor and appropriate evidence thereof, in the City's sole discretion, has been provided to and approved by the City. Section 4. Assignment. Neither party may assign its rights or obligations under this Agreement without the consent of the other. Section 5. Notice. Notice hereunder shall be provided in writing by certified mail, return receipt requested, or customarily used overnight transmission with proof of delivery, to the following parties, with mandatory copies, as provided below: For City: Copy lo: John E. Pate, City Manager City of Opa-Locka 780 Fisherman Street Opa-Locka, Florida, Florida 33054 Bumadette Norris -Weeks, Esq. City Attorney Bumadette Norris -Weeks, P.A. 401 NW 7th Avenue Fort Lauderdale, Florida 33311 For Contractor: Russ Wilson, Director and Chairman 550 S. Dixie Hwy #300 Coral Gables, FL 33146 Section 6. Severability. This Agreement sets forth the entire agreement between Contractor and City with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. Section 7. E -Verify. In accordance with Florida Statutes §448.095, the Contractor prior to commencement of services or payment by the City, will provide to the City proof of participation/enrollment in the E -Verify system of the Department of Homeland Security. Evidence of participation/enrollment will be a printout of the Company's "Company Profile" page from the E -verify system. Failure to be continually enrolled and participating in the E -Verify program will be a breach of contract which will be grounds for immediate termination of the contract by the City. The Contractor will not hire any employee who has not been vetted through E -Verify. The Contractor may not subcontract any work for the City to any subcontractor that has not provided an affidavit stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CITY: City of Opa-Locka Date: By: John E. Pate, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCYFOR THE USE OF AND RELIANCE BY THE CITY OF OPA-LOCKA ONLY: By: City Attorney Burnadette Norris -Weeks, P.A. By: Joanna Flores, City Clerk CONTRACTOR: Envirowaste Services Group, Inc. By: Witness: PRINT NAME Date: TITLE Date: 1888 NW 22nd Street cP---IENANDOAI-1 Pipe Inspection & Restoration Specialist Pompano Beach, FL, 33069 (954) 975-0098 shenandoahus.com DATE: May 04, 2021 SUBMITTED TO: Opa Locka, City of STREET: 12950 Le Jeune Rd. (NW 42nd Ave) CITY, STATE & ZIP: Opa Locka, FL 33054 PHONE: (305) 953-2868 FAX: (305) 953-2900 EMAIL: ocamey@opalockafl.gov JOB NAME: City Wide Storm Drain Cleaning ATTENTION: Owen Carney We propose to furnish a crew and all necessary equipment to clean storm drain system as instructed by personnel for the City of Opa Locka. We will perform this work by piggy Backing the Broward County School Board Contract 15-106C at the above mentioned job location. This work will be performed at our following hourly and/or unit prices: Page 1 of 1 Clean Catch Basins Disposals (Estimated) Clean 12-24 inch storm drain pipe Estimated Total: (at $45.00 Each) (at $190.00 Per cu. Yd.) (at $3.00 Per L.F.) PROPOSAL #P21652 100 Each 210 cu. yd(s). 17000 L.F. $4,500.00 $39,900.00 $51,000.00 $95,400.00 This proposal is based on direct access to call storm drains, none in backyards or in retention area's and structures and lines that do not need to be pumped down. NOTE: One way travel time for all hourly vehicles listed above. Three hour minimum. This proposal includes removal of all loose debris from the structures and pipes (excluding hazardous waste), if non -hazardous contaminated liquids or soils are encountered, such as oil, gas, fuel, hydraulic oil, etc., the customer will be required to have the material analyzed, by an approved lab, then approved by a disposal facility, prior to Shenandoah transporting and disposing of the material, additional cost for specialty hauling and disposal will be applied to the invoice, along with documented receipt. However, we are not responsible for problems occurring during or after cleaning due to pre-existing condition, original installation or design. This proposal may be withdrawn if not accepted within 30 days. Payment terms are COD (cash delivery) or Credit Card payment prior to job scheduling. (If we encounter an Insurance compliance fee requirement, this fee will be invoiced in addition to the above rates.) All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Price above is only an estimate of foreseen conditions. Unforeseen conditions can affect the amount of time to complete the work, therefore increasing or decreasing estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Unless noted above engineering, permits, testing and bonds are not included in the pricing. Owner is to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Parties to this proposal/contract expressly waive all tort claims against each other and limit their remedies to breach of contract. SIGNATURE: SHENANDOAH GENERAL CONSTRUCTION CO. Augustin Chavez TITLE DATE Estimator 05/04/2021 ACCEPTANCE OF PROPOSAL / SIGN & RETURN The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. SIGNATURE: COMPANY NAME: REPRESENTATIVE: DATE: TITLE: