Res No 043-19-15315RESOLUTION NO.: 4 3 -19 -15 315
A Resolution authorizing the City Manager to enter into an agreement with
Envirowaste Services Group, Inc by piggybacking onto its agreement with the City of
Doral for storm drain system cleaning and maintenance services within the City.
WHEREAS, the Mayor and City Commission wish to provide storm drain system cleaning and
maintenance services along City streets; and
WHEREAS, 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 to clean the storm drain
systems; and
WHEREAS, the City wish to continue storm drain system cleaning and maintenance services
with Envirowaste Services Group, Inc.; and
WHEREAS, the City of Doral Storm Drainage System Cleaning Services Contract executed on
March 24, 2014 was extended and valid through September 30, 2020 thru Resolution 18-156;.and
WHEREAS, the City desires to piggyback of the contract between the City of Doral and
Envirowaste Services Group, Inc. in accordance with the City's Charter; and
WHEREAS, the expenditure is not to exceed $20,000; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to enter into
an agreement with Envirowaste Services Group, Inc by piggybacking onto its agreement with the City of
Doral for storm drain system cleaning and maintenance services within the City for an amount not to
exceed $20,000 without prior Commission approval for an excess expenditure. A copy of the contract is
attached.
WHEREAS, the expense for this project shall be charged to the Stormwater Drainage Trust Fund
account number 111-1730-541-3450 with a balance of $117,440.35 prior to this request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City Manager is authorized to enter into an agreement with Envirowaste Services
Group, Inc by piggybacking onto its agreement with the City of Doral for storm drain system cleaning
and maintenance services within the City for an amount not to exceed $20,000 without prior Commission
approval for an excess expenditure. A copy of the contract is attached. The expenditures shall be
charged to the Stormwater Drainage Trust Fund account number I I 1-173 0-541-3450 with a balance of
$117,440.35 prior to this request.
Section 2: Severability. If any section, clause, sentence, or phrase of this resolution is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 3: Effective Date: This resolution shall be effective immediately upon the time of its
adoption.
Page 1 of 2
Resolution No. 43-19-15315
PASSED AND ADOPTED this 16' day of Anril, 2019.
rv61MIS
_p
City Clerk
0901=493
FORM COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Welsh:
Commissioner Liebman:
Commissioner Gil:
5-0
Yea
Yea
Yea
Yea
Yea
Page 2 of 2
Agenda Item NoA.
City Commission Agenda Item Report
Meeting Date: April 16, 2019
Submitted by: Aurelio Carmenates
Submitting Department: Public Works & Engineering
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to enter into an agreement with Envirowaste Services Group, Inc by
piggybacking onto its agreement with the City of Doral for storm drain system cleaning and maintenance
services within the City. 3/5 (City Manager -Public Works & Engineering)
Suggested Action:
Attachments:
Memo to_piggyback_onto_City_of_Doral contract with_Envirowaste.docx
Reso to piggyback onto City of Doral contract with Envirowaste.doc
Piggyback - Doral CatchBasin with EnvirowasteCAsigned.pdf
Resolution 18-156 City of Doral Contract Extension to Envirowaste.pdf
City of Doral RFP 2013-32 Catch Basin Maintenance Program - Contract Extension.pdf
1
South OMiami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
DATE: April 16, 2019
SUBJECT: A Resolution authorizing the City Manager to enter into agreement with Envirowaste
Services Group, Inc by piggybacking onto its agreement with the City of Doral for storm
drain system cleaning and maintenance services within the City.
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. In an effort to
continue providing a clean and well maintain drainage systems throughout the City,
staff propose to "piggyback" onto the City of Doral Storm drain cleaning and
maintenance services contract with Envirowaste Services Group, Inc.
The City is "piggybacking" on the City of Doral Storm Drainage System Cleaning Services
Contract executed on March 24, 2014. In 2018 the City of Doral confirmed from a
market analysis that their current contract with Envirowaste Services Inc., provides the
City with more competitive prices than would be available if rebid at the present time,
as further evidenced by the number of municipalities and Doral communities that have
adopted the City of Doral's contract. This contract was extended by the City of Doral
for two (2) years with the option to renew for an additional two one (1) year terms.
AMOUNT: Total purchase order amount not to exceed $20,000.
FUND & ACCOUNT: The annual expenditure shall be charged to the Stormwater Drainage Trust Fund
account number 111-1730-541-3450 which has a balance of $117,440.35, before this
request was made.
ATTACHMENTS: Resolution
Piggyback Services Contract with Envirowaste Services Group, Inc
City of Doral Resolution 18-156
RFP#2013-32 Catch Basin Maintenance Program Contract Extension
2
CONTRACT FOR CATCH BASIN MAINTENANCE PROGRAM
THIS AGREEMENT made and entered into this :01 day of 6 A 20�its by
and between the City of South Miami, a Florida municipal Corporation by and through City
Manager (hereinafter referred to as "City") and ENVIROWASTE SERVICES GROUP, INC.,
(hereinafter referred to as "Contractor") whose address is 18001 Old Cutler Road, Suite 554,
Palmetto Bay, FL 33157 and whose email address is Mike.Garcia(i ,envirowaste.com.
WITNESSETH:
WHEREAS, the City of Doral solicited bids pursuant to RFP #2013-32. for CATCH
BASIN MAINTENANCE PROGRAM; and
WHEREAS, the City of Doral, after completing a competitive bidding process, awarded
a contract to Contractor, and
WHEREAS, the City of South Miami desires to utilize the City of Doral Contract with
Contractor; and
WHEREAS, the City is authorized, pursuant to the City of South Miami's Charter, to
piggyback off of contracts, such as the contract in question between City of Doral and
Contractor, that were entered into in accordance with a solicitation process that is at least as
vigorous as that of the City of South Miami; and
NOW, THEREFORE, the City and the Contractor, each through their authorized
representative/official, agree as follows:
1. The City desires to enter into a Contract, under the same provisions as set forth in
the contract between City of Doral and Contractor pursuant to RFP #2013-32, as modified by
this Agreement.
2. The City has reviewed the contract between City of Doral and Contractor and
agrees to the provisions of that contract which shall be applicable to a purchase order to be
issued by the City and further agrees to the fair and reasonableness of the pricing. Contractor
hereby agrees to provide such goods and/or services, pursuant to the City's purchase order made
during the term of this Agreement, under the same price(s), terms and conditions as found in the
solicitation documents, the response to the solicitation, and the Agreement/Contract and/or the
Award, pertinent copies of which are attached hereto as Attachment A and made a part hereof
by reference.
3. All references in the contract between City of Doral and Contractor, shall be
assumed to pertain to, and are binding upon Contractor and the City of South Miami. All
decisions that are to be made on behalf of City of Doral, as set forth in the contract between
City of Doral and the Contractor, shall all be made by the City Manager for the City of South
Miami. Notwithstanding anything contained in the City of Doral RFP #2013-32 and the
contract between City of Doral and the Contractor to the contrary, this Agreement shall be
Thomas F. Pepe — 04-03-19
Page 1 of 6
governed by the laws of the State of Florida and venue for all dispute resolutions or litigation
shall be in Miami -Dade County, Florida.
4. Term. The term of the contract, including all extensions authorized by the
contract shall not exceed five years.
5. Scope of Goods and Services. The scope of goods and services (which may
hereinafter be referred to as the "Work") are set forth in the attached Attachment A and any
attachments thereto and the City's purchase order, the latter of which shall take precedence. The
Contractor has agreed to deliver the goods, if any, and perform the services, if any, in a workman
like manner and in accordance with all state, county and City laws, at the locations, if any,
designated by the City. All of the goods and services reflected in Attachment A shall, unless
otherwise stated in the Attachment A or B, be delivered, if good, and commenced, if services,
within N/A days from the date of the execution of this Agreement. The Contractor shall obtain
and pay for all permits required for the goods and services rendered, if any, with the exception of
permits fees charged by the City, said fees shall be waived.
6. Contract Price. The contract price for the good and services is set forth in
Attachment A or B. If not otherwise set forth in the contract between City of Doral and the
Contractor, the Contractor shall be paid upon delivery of all the goods, if any, the completion of
all the services, if any, and after final inspection and approval, by the City, that approves of the
goods delivered, if any, and the services performed, if any.
7. Precedence. The term, provisions and conditions of this Agreement shall take
precedence over the terms, provisions and conditions of the contract between Contractor and
City of Doral
8. Grant Funding: This project is being funded by N/A and Contractor agrees to
comply with all the requirements of that Grant, applicable to the delivery of the goods and/or
services that are the subject of this Agreement, and that are within its power to provide and to
provide all the documentation within its control that is required for the City to be able to recover
as much of the contract price that is available pursuant to the terms of the grant. A copy of the
grant, if any, is attached hereto and made a part hereof by reference.
9. Public Records: CONTRACTOR and all of its subcontractors are required to
comply with the public records law (s.119.0701) while providing goods and/or services on behalf
of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in
all of its subcontracts for this Project and shall: (a) Keep and maintain public records required
by the public agency to perform the service; (b) Upon request from the public agency's custodian
of public records, provide the public agency with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not disclosed
except as authorized by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the records to the public agency; and (d) Upon
completion of the contract, transfer, at no cost, to the public agency all public records in
Thomas F. Pepe — 04-03-19
Page 2 of 6
possession of the contractor or keep and maintain public records required by the public agency to
perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, 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 contract, the contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of public records,
in a format that is compatible with the information technology systems of the public agency. IF
THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 305-663-6340; E-mail: nnayne(d)southmiamifl.gov; 6130
Sunset Drive, South Miami, FL 33143.
10. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and
intentionally waive any right either may have to a trial by jury in State or Federal Court
proceedings in respect to any action, proceeding, or lawsuit arising out of the Contract
Documents or the performance of the Work thereunder or any counterclaim, cross -claim or third
party claim filed in the same proceeding.
11. Notices: Whenever notice shall be required or permitted herein, it shall be
delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or
certified mail with return receipt requested and shall be deemed delivered on the date shown on
the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the
date on the return receipt or the date shown as the date same was refused or unclaimed. If hand
delivered to the CITY, a copy must be stamped with the official CITY receipt stamp showing the
date of delivery, otherwise the document shall not be considered to have been hand delivered.
Notices shall be delivered to the following individuals or entities at the addresses (including e-
mail) or facsimile transmission numbers set forth below or in the introductory paragraph to this
contract:
To CITY: City Manager,
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 668-2510
Fax: (305) 663-6345
E-mail: salexander@southmiamifl.gov
With copies to: City Attorney
6130 Sunset Dr.
Thomas F. Pepe — 04-03-19
South Miami, FL 33143
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe(a southmiamifl.gov
Page 3 of 6
12. Validity of Executed Copies: This Agreement may be executed in several
counterparts, each of which may be construed as an original.
13. Attorneys' Fees and Costs: In the event of any litigation between the parties
arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear
its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be
indemnified for any attorney fees incurred in the defense of an action by a person or entity who
is not a party to this Agreement.
14. Indemnification: Notwithstanding anything contained in the contract between
Contractor and City of Doral to the contrary, the City does not waive its sovereign immunity
granted by Florida Statutes, Section 768.28, and the City's tort liability shall be limited to the
waiver of sovereign immunity provided for in Section 768.28.
15. Severability: If any term or provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to persons or
circumstances other than those to which it is held invalid or unenforceable, shall not be affected
thereby and each term and provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
IN WITNESS WHEREOF, and as the duly authorized act of the parties, the
undersigned representatives of the parties hereto have caused this instrument to be signed in their
respective names by their proper officials on or before the day and year first above written.
M
VO
signatory above)
ATTEST: CITYJDF—SOUTH MIAMI
By: a 16 O-Lai v i BY:
Nkenga P yne, CMC Steven Alexander
City Clerk City Manager
Read and Approved as to Form, Language, Legality and Execution Thereof.
By:
Thomas F. Pepe
City Attorney
Thomas F. Pepe — 04-03-19
Page 4 of 6
ATTACHMENT A
CONTRACT FOR CATCH BASIN MAINTENANCE PROGRAM
Thomas F. Pepe — 04-03-19
CITY OF DORAL
• RENEWAL NOTICE & RESOLUTION,
EXPIRING SEPTEMBER 30, 2020
• RFP #2013-32CATCH BASIN MAINTENANCE
i7w
• CONTRACT AGREEMENT
Page 5 of 6
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 V 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 Dora].
Please kindly confirm receipt of this letter at your earliest convenience.
I you ave any questions, please do not hesitate to contact me.
incer ly,�'+'`'/'�
Ed ar Rojas
City M nager
Acceptid: EnviroWaste Services roup,Inc.
'� -V Date: 9- ( Y-
8401 3' Terrace • Doral. Florida 33166 • (305) 593-6725
www.cityofdoral.com
Res. No. 18-156
Page 1 cf 4
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 "Ciity"} 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 Cky'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.18-158
Page 3 of 4
the option to renew for an additional two one (1) year terms under the same terns, 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 6. 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 4 of 4
The foregoing Resolution was offered by Vice Mayor Rodriguez who moved its adoption.
The motion was seconded by Councilmember Madaca 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 Madaca
Yes
PASSED AND ADOPTED this 12 day of September, 2018.
JUAN CARLO ERMUDEZ, MAYOR
ATTEST:
C I IAZ, CM
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFIENCY
FOR THE USE AND RELIANCE OF THE CITY OF DORAL ONLY:
d2�_,, ,,, G« --�
WEISS, SEROTA, HE AN, COLE & BIERMAN, P.L.
CITY ATTORNEY
City of Doral
Request for Proposal
Catch Basin Maintenance Program
RFP #2013-32
NOTICE: Pursuant to the City of Doral Procurement Ordinance, sealed proposal for
consideration to provide the services detailed in the scope of services listed below shall
be received by Joe Carollo, City Manager, City of Doral, 8401 NW 53rd Terrace, Doral,
Florida 33166 until 11:00 am on January 15, 2014. The submittals shall be clearly
marked "Catch Basin Maintenance Program, RFP #2013-32".
All submittals shall be publicly opened and recorded on January 15, 2014 at 11:00
am. Late submittals shall not be accepted or considered. A mandatory pre -bid
meeting shall be held on Friday, December 20, 2013 at 11:00 a.m. at Doral
Government Center, Third Floor Training Room.
Respondents are to deliver One (1) original and three (3) copies in separate 3 ring
binders of the submittal statements of qualifications and experience and other pertinent
information for consideration, as indicated in this Request for Proposal. In addition,
respondents are to deliver two (2) CDs containing a PDF copy of all materials
submitted in the proposal. No proposal will be accepted without this
requirement.
The City of Doral reserves the right to accept any proposal deemed to be in the best
interest of the City or to waive any informality in any submittal. The city may reject any
or all proposals and re -advertise.
PROJECT OVERVIEW
The City of Doral desires to retain the services of a licensed contractor for the purpose
of providing storm drainage system cleaning services. Contractor shall furnish all labor,
materials, and equipment necessary for the cleaning of City owned/operated storm
drainage system throughout the municipal boundaries as more particularly described
herein. Services shall be provided on a Per Unit Price basis as indicated in the
Proposal form. Through a Request for Proposal process described herein, licensed
contractors interested in assisting the City with the provision of such services must
prepare and submit a proposal packet in accordance with the procedure and schedule
in this RFP. The City will review submittals only from those contractors that submit an
RFP packet which includes all the information required to be included as described
herein.
The City intends to award a contract for Catch Basin Maintenance to the contractor that:
possesses qualified man power, equipment, administrative capabilities to provide the
proposed services, possesses previous experience on this type of work and provides
the best offer and prices deemed to be the greatest benefit to the City.
It is the intent of the City to award a contract for an initial two (2) year terms with an
option to renew for two additional one (1) year periods for a possible total of four (4)
years, subject to cancellation as provided herein. The City may exercise such advance
written notice of its intention to renew prior to the expiration of the then current term.
All questions or comments should be directed to the following email at
procurement@cityofdoral.com. Inquiries must reference Catch Basin Maintenance
Program, RFP #2013-32in the subject line. No phone calls will be accepted in
reference to this RFP. Any communications regarding matters of clarification must be
made in writing to the email address listed above. In the event that it become necessary
to provide additional clarifying data or information that revises any part of this RFP,
supplements or revisions will be made available via written addendum.
Solicitations may be found via the City of Dora[ website, www.citvofdoral.com, under
Procurement Division. To obtain the solicitation interested parties must follow the link
and register to be able to download the document.
SCHEDULE OF EVENTS
Mandatory Pre-Bid/Proposal Meeting:
Deadline for Written Questions:
Deadline for Submittal and Proposal
Opening:
11:00 a.m. EST, Friday,
December 20, 2013
5:00 p.m. EST, Wednesday,
January 8, 2014
11:00 a.m. EST, Wednesday,
January 15, 2014
City of Doral, Government Center
8401 NW 53`d Terrace
Dora], FL 33166
For directions call (305) 593-6725
Barbara Herrera, CMC
City Clerk
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 Dora[ 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 ! — EnvirofVaste Contract Cost Analysis
Cost to Service Dora[ Stormwater System - Based on
each Municipal Contract
$1,800,000.00
$1,600,000.00
$1,400,000.00
$1,200,000.00
o $1,000,000.00
u
$800,000.00
$600,000.00
$400,000.00
$200,000.00
$0.00
City of Dora]
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. COMIRensation 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: (i) 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: Joe Carollo, City Manager
City of Doral, Florida
8401 NW 53rd Terrace
Doral, Florida 33166
With a Copy to: John Herin, Jr., Esq
City Attorney
Gray Robinson, P.A.
401 E. Las Olas Blvd., Suite 1850
Ft. Lauderdale, Florida 33301
For The Vendor: Eduardo Barba, President
EnviroWaste Services Group, Inc.
4 SE 1" Street, Second Floor
Miami, Florida 33131
14. Governing Law.
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.
V1.1
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:
(aA(L �--
Barbara Herrera, City Clerk
CITY OF DORAL
Approved As To Form and Legal Sufficiency for the Use
Vendor
By:
Its: Garc � 5
Date:
79
Res. No. 14-36
Page 1 of 3
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. 14-36)
Page 3of3
The foregoing resolution was ofiered by Councilmember Ruiz who moved its adoption.
The motion was seconded by Mayor Boria and upon being put to it vote. the vote_ was as
follovvs.
Mayor Luigi Boria Yes
Vice Mayor Christi Fraga Yes
Councilwoman Ana Maria Rodriguez Yes
Councilwoman Bettina Rodriguez AguilE!ra Yes
Councilwoman Sandra Ruiz Yes
j t
r
PASSED and ADOP FED this 19"' day of February. 2014
LUIGI B"VIL31At`MAYOR
ATTEST
BARBARA HERRER . CITY CLERK
APPROVED AS 10 FORM AND LEGAL_ SUFFICIENCY I-f_ R i HE USE
AND RELIANCE OF THE CITY OF DORAL ONLY.
J 0 H Nf -IEhIN. .JR.. C{TY All -OR -Y
ATTACHMENT B
CONTRACT FOR CATCH BASIN MAINTENACE PROGRAM
• CITY OF SOUTH MIAMI CONTRACT PRICING
Thomas F. Pepe — 01-11-16
Page 6 of 6
1
DescriptionItem
Cleaning of Catch Basin
2,G60
qO1 700,_
2
Cleaning of Manhole
525
M
/0 37S3
Cleaning of Slab -Covered -Trench Box
71
? g ys
4
Cleaning of Outfall Structure
84
EA
5
Cleaning of Pipe
274,000
LF
v
6
EmergencyVao-Truck(includesoperator)
160
HR
-T�
Z / ? —
PROPOSALTOTAL -
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 (305) 637-9665
Facsimile Number (305) 637-9659
Attention: Eduardo Barba, President
30