HomeMy WebLinkAboutReso 2026-4056RESOLUTION NO. 2026 - -4Qg9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH
ENVIROWASTE SERVICES GROUP, INC. FOR STORMWATER MANAGEMENT
PREVENTATIVE MAINTENANCE SERVICES, IN AN AMOUNT NOT TO EXCEED
TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($250,000.00);
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on November 7, 2024, the City issued and advertised Invitation to Bid No.
25-11-01 (the `Bid") for stormwater management preventative maintenance services ("the
Services") and received six (6) submissions; and
WHEREAS, on January 16, 2025, via Resolution No. 2025-3787, the City Commission
awarded the Bid, and approved an Agreement with, National Water Main Cleaning Co.
("NWMC") as the Primary Awardee, in an amount not to exceed $300,000.00; and
WHEREAS, on January 16, 2025, via Resolution No. 2025-3788, the City Commission
awarded the Bid, and approved an Agreement with, EnviroWaste Services Group, Inc.
("Envirowaste") as the Secondary Awardee, in an amount not to exceed $100,000.00, to ensure
continuity of services in the event NWMC defaulted on its contractual obligations; and
WHEREAS, on May 21, 2026, NWMC notified the City of its decision to cease operations
in Florida and has requested termination of its contract; and
WHEREAS, the City accepted the request and has terminated the Agreement with
NWMC; and
WHEREAS, as a result of the termination, the City wishes to activate the Agreement with
EnviroWaste to provide the City with the desired services; and
WHEREAS, Envirowaste has the requisite qualifications, expertise, and licenses to
perform all necessary work in connection with the Services specified in the Bid; and
WHEREAS, the City Commission wishes to approve a First Amendment to the Agreement
with Envirowaste to provide the Services, in an amount not to exceed Two Hundred Fifty
Thousand Dollars and No Cents ($250,000.00), bringing the total agreement to an amount not
to exceed Three Hundred Fifty Thousand Dollars and No Cents ($350,000.00), attached hereto
as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
@BCL@7C152A89 Page 1 of 2 479
Section 1. Approval of First Amendment. The City Commission hereby approves a First
Amendment to the Agreement with Envirowaste to provide the Services, in an amount not to
exceed Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00), bringing the total
agreement to an amount not to exceed Three Hundred Fifty Thousand Dollars and No Cents
($350,000.00), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 201h day f Au ust, 2026.
r
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A EST 1,
Mauritio Betancdr, CIVIC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
-51a-
A ain E. BoTiefu, City Attorney
Nabors, Giblin & Nickerson, P.A.
Moved by: Seconded by:akti-/,-�� Lw A -
Vote:
Mayor Svechin (Yes) (No)
Vice Mayor Viscarra V/-. (Yes) (No)
Commissioner Joseph (Yes) (No)
Commissioner Lama es) (No)
Commissioner Stuyvesant #(Yes) (No)
@BCL@7C152A89 Page 2 of 2 480
OSJNNY'Stfa FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF SUNNY ISLES BEACH AND ENVIROWASTE
SERVICES GROUP, INC.
FLOP
CONTRACT NO.2025-5737
THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY
ISLES BEACH, FLORIDA (hereinafter "City") and ENVIROWASTE SERVICES GROUP,
INC., a Florida corporation, whose Federal Employer Identification (FEI) Number is 65-0829090
(hereinafter "Contractor"), executed this � day of August 2026, is made a part of the original
Agreement between the City and Contractor, dated January 31, 2025 (hereinafter "Agreement"),
attached hereto as Exhibit "A." The City and Contractor hereby agree as follows:
I . ADDITIONAL COMPENSATION. City and Contractor wish to amend Section 4 of the
Agreement, entitled "Compensation," for additional compensation in an amount not to exceed Two
Hundred Fifty Thousand Dollars and No Cents ($250,000.00). The additional compensation
provided herein will bring the total Agreement not -to -exceed amount to Three Hundred Fifty
Thousand Dollars and No Cents ($350,000.00).
2. OTHER TERMS AND CONDITIONS REMAIN IN EFFECT. Except as specifically
modified herein, all terms and conditions of the original Agreement between the parties, dated
January 31, 2025, shall remain in full force and effect.
3. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements, or provisions contained in any other
document or attachment, including but not limited to Exhibit "A."
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of
the date mentioned above.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
ENVIROWASTE SERVICES GROUP, INC. — FIRST AMENDMENT Page i of 3 481
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ENVIROWASTE SERVICES
GROUP, INC.
BY: 0 1
Jim ng, Chief Exe tive Officer
STATE OF FLORIDA:
COUNTY OF MIGM ftb,
The foregoing instrument was acknowledged before me by means of physical presence or ❑
online notarization, this 2jj�'day of August 2026, by Jim Long, as Chief Executive Officer of
Envirowaste Services Group, Inc.
(SEAL) Nota ublic, State orida
(Signa otary Public)
Notary Public State. of Florida
Jsnnefer Rodriquez
NN My Commission HH 419745
Ex ires 7nicji 27
Aersonally.,�tn ✓ or Produced Identification
Ty�e:ofIclenti'fica�tion Produced:
AT�ES : CITY
a
BY:
CMC
I[M
I)efiin dYI Ue—a.
(Print, Typ , or Stamp
Commissioned Name of Notary
Public)
ISLES BEACH
Svechin; Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
/Z-Z-O
BY:
lain E. goileau, City Attorney
Nabors, Giblin & Nickerson, P.A.
ENVIROWASTE SERVICES GROUP, INC. — FIRST AMENDMENT Page 2 of 3
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT A
ENVIROWASTE SERVICES GROUP, INC. — FIRST AMENDMENT Page 3 of 3 485
S„NtiY SF
G4 �M
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
sFc •,. FLpAC°.dF AND ENVIROWASTE SERVICES GROUP, INC.
CONTRACT NO. 2025-5737
THIS CONTRACTYAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this day of January, 2025, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and ENVIROWASTE SERVICES
GROUP, INC., a Florida corporation, whose Federal Employer Identification (FEI) No. is 65-
0829090 (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, the City is in need of a secondary and non-exclusive Contractor to provide
all labor, equipment and materials to inspect and clean approximately fifty (50) deep drainage
wells structures, approximately three hundred and ninety (390) rstormwater catch basins, 170
stormwater manholes and clean approximately forty-two thousand (42,000) linear feet of pipe
within the City, as more particularly described in Invitation to Bid No. 25-11-01, entitled
"Stormwater Management Preventative Maintenance Services," and all addenda thereto, attached
hereto collectively as Attachment "A," and incorporated herein by reference and made a part
hereof, (hereinafter "Services); and
WHEREAS, upon evaluation, Contractor was determined to have submitted the
second lowest responsible and responsive bid; and
WHEREAS, Contractor is qualified, willing and able to provide the Services subject
to the terms and conditions contained herein; and
WHEREAS, the City desires to enter into this Agreement with Contractor to provide,
as a secondary non-exclusive contractor, the Services in a total amount not -to -exceed One
Hundred Thousand Dollars and No Cents ($100,000.00);
NOW THEREFORE, in consideration of the promises and the mutual covenants set forth
herein, the parties agree as follows:
TERMS
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
as well as ITB No. 25-11-01, and all addenda thereto, appended hereto collectively as Attachment
"A," and Contractor's Response thereto, appended hereto as Attachment `B" (hereinafter referred
to collectively as "Contract Documents"). In the event of any conflict between or among the
contract documents or any ambiguity or missing specifications or instruction, the following
priority is established:
A. First, this Agreement Between the City of Sunny Isles Beach and EnviroWaste
Services Group, Inc. — Contract No. 2025-5737.
B. Second, Invitation to Bid No. 25-11-01, entitled "Stormwater Management
Preventative Maintenance Services," and all addenda thereto.
ENVIROWASTE SERVICES GROUP, INC.
486
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
C. Third, Contractor's Response to ITB No. 25-11-01.
3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions
set forth in the Contract Documents, including Contractor's Proposal, including but not limited to
inspecting and cleaning approximately fifty (50) deep drainage wells structures, approximately
three hundred and ninety (390) stormwater catch basins, 170 stormwater manholes and clean
approximately forty-two thousand (42,000) linear feet of pipe within the City. Contractor is
required to obtain, and provide City a copy of, a Class V permit from the Miami -Dade
County Department of Environmental Resources Management (DERM) prior to
commencement of Services.
The Services shall be performed by Contractor to the full satisfaction of the City. Contractor
agrees to furnish all labor and material in a good and workmanlike and professional manner to
perform Services. Contractor agrees to have a qualified representative to audit and inspect the
Services provided on a regular basis to ensure all Services are being performed in accordance with
the City's needs and pursuant to the terms of this Agreement and shall report to the City
accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any
problems that could cause damage to the City's property, improvements and persons. Contractor
will require its employees to perform their work in a manner befitting the type and scope of work
to be performed. In the event that the Contractor fails to complete the Services pursuant to the
terms of this contract and City must undertake the completion of performance of Services,
Contractor agrees to indemnify the City for all costs incurred with respect to the completion of
those Services and any damages the City may suffer as a result of the Contractor's failure to
perform the Services.
4. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the initial term of this Agreement shall commence upon the full execution of this
Agreement, and shall terminate three (3) years thereafter. Prior to, or upon completion of that
initial term, the City shall have the option at its sole discretion to renew this Agreement for one
(1) additional two-year renewal term.
The terms of Section 11, entitled "Warranty of Services & Materials," Section 12, entitled
"Defective Work," Section 14, entitled "Indemnification and Waiver of Liability," and Section
21, entitled "Compliance with Law," shall survive termination of this Agreement.
5. COMPENSATION. During the initial term of this Agreement, the City shall pay
Contractor for Services performed under this Agreement an amount not -to -exceed One Hundred
Thousand Dollars and No Cents ($100,000.00). For the renewal term, if any, the City may
consider an adjustment to price based on changes in the Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI-W): Miami -Fort Lauderdale, FL., and it is the Contractor's
responsibility to request any pricing adjustment under this provision, which shall not exceed 5%.
Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with
the Contract Documents under the following conditions:
A. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
ENVIROWASTE SERVICES GROUP, INC.
487
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
B. Payment Schedule. Contractor shall submit invoices to the City by the 101' day of
each month. Invoices received from the Contractor pursuant to this Agreement will
be reviewed by the initiating City Department. If Services have been rendered in
conformity with the Agreement, the invoice will be sent to the Finance Department
for payment. Invoices must reference the Agreement number assigned hereto.
Invoices will be paid in accordance with the State of Florida Prompt Payment Act.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. If the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City
may unilaterally terminate any and all contractual or other obligations herein
without any further liability or penalty upon twenty (20) days' notice to Contractor.
D. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final invoice" on the Contractor's final/last billing to
the City. This certifies that all services have been properly performed and all
charges and costs have been invoiced to the City. Since this account will thereupon
be closed, any other additional charges, if not properly included on this final
invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, overhead or
any other expenses or costs unless any such expense or cost is incurred by Contractor with the
prior written approval of the City. If the City disputes any charges on the invoices, it may make
payment of the uncontested amounts and withhold payment on the contested amounts until they
are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make
it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form
of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been undertaken
by the City. Contractor shall be responsible for any and all of its -own expenses in performing its
duties as contemplated under this Agreement. The City shall not be responsible for any expense
incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or
pay Social Security services and that such obligations shall be that of the Contractor, other than
those set forth in this Agreement. Contractor shall furnish its own transportation, office and other
supplies as it determines necessary in carrying out its duties under this Agreement.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents or employees, as indicated below, and as more
particularly described in Section 2.11 of ITB No. 2025-11-1:
ENVIROWASTE SERVICES GROUP, INC.
488
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
A. Comprehensive General liability insurance, including broad form contractual liability
coverage for all operations, including, but not limited to, contractual, products, and
completed operations, personal injury and property damage liability with minimum
limits of One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars
($2,000,000.00) in the aggregate.
B. Worker's Compensation and employer's liability coverage, as required pursuant to
Florida law.
C. Business Automobile Liability which shall include coverage for all owned, non -owned
and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000.00) combined single limit per occurrence for bodily injury and property
damage.
D. Pollution Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence.
E. Umbrella/Excess Liability Policy at a minimum of $5,000,000.00 per occurrence and
$5,000,000.00 in the aggregate.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or
self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed,
and at any time upon request, Contractor shall furnish to the City certificates of insurance
evidencing the minimum required coverage and shall be appropriately endorsed for contractual
liability, with the City named as additional insured. All policies shall contain a waiver of
subrogation endorsement. All policies and certificates shall be in forms and issued by insurance
companies acceptable to the City Manager or his designee. All insurance policies and certificates
of insurance shall provide that the policies may not be canceled or altered without thirty (30) days
prior written notice to the City. Contractor shall also require and ensure that each of its sub-
contractors providing services hereunder (if any) procures and maintains, until the completion of
the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO
THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
8. ACCIDENT PREVENTION. Barricades, cones, construction fencing, temporary
construction fencing and off duty police officers, per City regulations and other relevant
requirements, shall be provided by the Contractor when work is performed in areas traversed by
persons, vehicular traffic or when deemed necessary by the City Manager at no extra cost to the
City. CONTINUOUS OFF -DUTY POLICE SUPPORT SHALL BE REQUIRED FOR ALL
WORK RESULTING IN MODIFICATIONS TO THE EXISTING TRAFFIC FLOW
PATTERNS INCLUDING BUT NOT LIMITED TO LANE CLOSURES AND DETOURS OR
WHERE OTHERWISE REQUESTED BY THE CITY. Contractor shall comply with City, State
and Federal regulations and permit requirements for the placement of the proper Traffic Control
Devices. Precautions shall be exercised at all times for the protection of persons and property. All
ENVIROWASTE SERVICES GROUP, INC.
489
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
services performed under this Agreement shall conform to all relevant regulations as prescribed in
the current edition of the Manual of Uniform Traffic Control Devices (MUTCD), the Florida
Department of Transportation's Design Standards (DS) and OSHA during the course of such
effort. 'Where requirements vary or conflict, the more stringent shall apply. Any fines levied by the
above mentioned authorities for failure to comply with these requirements shall be borne solely by
the Contractor. The Contractor is to maintain appropriate signage, guards, and flagmen for the
purpose of safeguarding the general public while work is ongoing. All work shall be completed in
a safe and workmanlike manner every day and the Contractor shall secure the site prior to leaving
at the end of each and every day.
9. LIOUIDATED DAMAGES. Failure to complete all the work within the time specified
by the city's Project Manager, including any extension granted in writing by the City, shall obligate
the Contractor to pay the City, as liquidated damages and not as a penalty, an amount equal to Two
Hundred Dollars and No Cents ($200.00) for each calendar day of delay in the completion of all
work. If any liquidated damages are unpaid by the Contractor, the City shall be entitled to deduct
these unpaid liquidated damages from the monies due the Contractor.
10. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an
amount equal to the actual cost of a third party to cure such failure. If Contractor
fails, refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
1. In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Contractor ten (10) days written notice. The terms of Paragraph A(1) and
A(2) above shall be applicable hereunder.
ENVIROWASTE SERVICES GROUP, INC.
490
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
11. WARRANTY OF SERVICES AND MATERIALS.
A. The Contractor shall warrant the labor performed and materials used for a minimum
period of one (1) year from the date the Services are complete. This warranty shall
be in addition to whatever rights the City may have under state or federal law. The
Contractor's obligation under this warranty shall be at its own cost and expense, to
promptly repair or replace (including cost of removal and installation), that item (or
part or component thereof) which proves defective or fails to comply with the
Agreement within the warranty period such that it complies with the Agreement.
B. Contractor warrants to the City that all materials and equipment furnished under
this Agreement will be new unless otherwise specified and will be of good
quality, free from faults and defects and in conformance with the Agreement. All
equipment and materials not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective.
If required by City or its designee, Contractor shall furnish satisfactory evidence
as to the kind and quality of materials and equipment. This warranty is not limited
by any other provisions within this Agreement.
C. Contractor shall provide to the City or its designee all manufacturers' warranties.
All warranties, expressed and/or implied, shall be given to the City for all material
and equipment covered by this Agreement. All material and equipment furnished
shall be fully guaranteed by the Contractor against factory defects and
workmanship.
12. DEFECTIVE WORK.
A. The City or its designee shall have the authority to reject or disapprove work
which is found to be defective. If defective work is found, Contractor shall
promptly either correct all defective work or remove such defective work and
replace it with non -defective work. Contractor shall bear all direct and indirect
costs of such removal or corrections including cost of testing laboratories and
personnel.
B. Should Contractor fail or refuse to remove or correct any defective work or to make
any necessary repairs in accordance with the requirements of this Agreement
within the time indicated in writing by the City Manager or its designee, the City
shall have the authority to cause the defective work to be removed or corrected, or
make such repairs as may be necessary at Contractor's expense. Any expense
incurred by the City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of
ENVIROWASTE SERVICES GROUP, INC.
491
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
failure of Contractor to make all necessary repairs promptly and fully, which is not
cured in the cure period, the City may declare Contractor in default.
C. If, within one (1) year after the date of completion of Services or such longer
period of time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provision(s) of
this Agreement, any of the work is found to be defective or not in accordance with
this Agreement, Contractor, after receipt of written notice from the City or its designee,
shall promptly correct such defective or nonconforming work within the time specified
by the City without cost to the City. Nothing contained herein shall be construed to
establish a period of limitation beyond a period of five (5) years with respect to
any other obligation which Contractor might have under this Agreement including
but not limited to any claim regarding latent defects.
D. Failure to reject any defective work or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final
acceptance.
E. Where the City or its designee becomes aware of faults, defects or non -conformity
in any of the work provided under this Agreement or with the work being
performed by the Contractor, the City or its designee shall issue a Notice to Cure
to the Contractor for correction. In no event shall the failure of the City or its
designee to bring to the attention of the Contractor of such faults act as a waiver or
release the Contractor from responsibility or liability for such fault, defect or non-
conforming work.
13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten (10) years subsequent to that date upon which this
Agreement shall terminate for any reason whatsoever, disclose to any person or entity, other than
in the discharge of the duties of the Contractor under this Agreement, any information which the
City designates in writing as "confidential." As a violation by the Contractor of the provisions of
this Section could cause irreparable injury to the City and there is no adequate remedy at law for
such violation, the City shall have the right, in addition to any other remedies available to it at law
or in equity, to enjoin the Contractor from violating such provisions.
14. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives,
officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by
the professional negligence, error or omission of the Contractor or persons employed or utilized
by the Contractor in performance of Services under this Agreement.
Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
directors, officials and employees from and against any and all causes of action, demands, claims,
losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses,
caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor,
including those of their employees, agents, servants, or officers, or accruing, resulting from, or
ENVIROWASTE SERVICES GROUP, INC.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
directly related to the subject matter of this Agreement including, without limitation, any and all
claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any lawsuit
or other proceeding is brought against City by reason of any such claim, cause of action or demand,
Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City.
15. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, Contractor AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes.
16. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by electronic mail (e-mail) with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such parry as follows:
If to the City:
Stan Morris
With a copy to:
City Manager
City Attorney
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1776
Tel: (305) 792-1766
smorris sibfl.net
aboileau@ngniaw.com
If to the
Mike Garcia, Regional Manager
Contractor:
225 SW 2nd Avenue
Homestead, Florida 33030
ENVIROWASTE SERVICES GROUP, INC. $
493
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Tel: (305) 796-9357
MikeGarcia@ewsg.com
17. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
A. Contractor shall keep and maintain public records required by the City to perform
the service.
B. Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
C. Contractor shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the Agreement if the Contractor
does not transfer the records to the City.
D. Contractor shall, upon completion of the Agreement, transfer, at no cost, to the City
all public records in possession of the Contractor or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to the City upon
completion of the Agreement, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the Agreement, the Contractor shall meet
all applicable requirements for retaining public records. All records stored electronically must be
provided by Contractor to the City, upon request from the City, in a format that is compatible with
the information technology systems of the City.
IF THE Contractor HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 411
Floor, Sunny Isles Beach, Florida 33160.
18. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of three (3) years.
19. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of
the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will
not discriminate against any employee or applicant for employment because of race, color, creed,
ENVIROWASTE SERVICES GROUP, INC. 9
494
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
status with regard to public assistance.
The Contractor will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of pay or other forms of compensation, and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which
prohibits discrimination against the handicapped in any Federally assisted program.
20. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
Section 2-11.1, Miami -Dade County Code of Ordinances, as amended, and by Section 33-3, Code
of Ordinances of the City of Sunny Isles Beach, as amended, which are incorporated by reference
herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The
Contractor covenants that it presently has no interest and shall not acquire any interest, directly or
indirectly which should conflict in any manner or degree with the performance of Services under
this Agreement. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The Contractor
guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this Agreement or to any benefit arising therefrom.
21. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
22. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document, including but not limited to Exhibit "A", `B", and "C."
23. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and
subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on,
submit a proposal for, or enter into or renew a contract with an agency or local governmental entity
for goods or services if at the time of bidding, submitting a proposal for, or entering into or
renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is
engaged in the boycott of Israel. Contractors must certify that the company is not participating in
a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more
shall be terminated at the City's option if it is discovered that the company submitted a false
certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a
contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute
Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1,
2018.
ENVIROWASTE SERVICES GROUP, INC. 10
495
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "C." Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Contractor of the City's determination concerning
the false certification. The Contractor shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the Contractor does
not demonstrate that the City's determination of false certification was made in error, then the City
shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
Section 287.135.
24. E-VERIFY. Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E-Verify System, and further provides that a public employer
may not enter into a contract unless each party to the contract registers with and uses the E-Verify
system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a
subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In
accordance with Florida. Statute 448.095, Contractor is required to verify employee eligibility
using the E-Verify system for all existing and new employees hired by Contractor during the
contract term. Further, Contractor must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Contractor to ensure compliance with E-Verify
requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website
(https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The
Contractor must retain the I-9 Forms for inspection, and provide the attached E-Verify Affidavit,
attached hereto as Exhibit "D. "
25. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled
"Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a
nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2),
Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as
Attachment "E," signed by an officer or an authorized representative of the Contractor, under
penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined
in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material
breach of contract.
26. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
ENVIROWASTE SERVICES GROUP, INC. 11
496
City ofSuui:y Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 049-3113 Fax
C. This Agreement .shall constitute the entire agreement between the parties with
respect to the subject.matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements, and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E, No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
ENVIROWASTE SERVICES
GROUP, INC.
' By'
un g, Clue ecutir:
STATE OF FLORIDA:
COUNTY OF Seminole_:
The foregoing instrument was acknowledged before me by means of 0 physical presence or
online notarization, this 16th..day of January, 2025, by Jim Long, as Chief Executive Officer of
EnviroWaste Services Group, Inc.
JOHN R RN EHART
Notarynda
(SEAL) State of rAft
I Comm# HH36107
NCE 1g ¢.xpiM 6/?,%7027
Personally Known V or Produced Identification _
Type of Identification Produced:
KIP&Y PW State of Florida
Signature of Notary Public)
John F. Rinehart HH361297
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
ENVIROWASTE SERVICES GROUP, INC. 12
497
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATI
I�
Department Head
CITY OF SUNNYISLES BEACH
Larisa Svechin,
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
ZlaiAnE. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
ENVIROWASTE SERVICES GROUP, INC.
13
498
CITY OF
y \S LES E' CITY OF SUNNY ISLES BEACH
\f} f 18070 Collins Ave. I Sunny Isles Beach, FL 33160
\J1J 30S.792.1707 I sibfLnet I Purchasing@sibfl.net
Ln
91001192 M I
RELEASE DATE:
THURSDAY, NOVEMBER 7, 2024
WEDNESDAY, NOVEMBER 20, 2024 AT 11:00 AM
VIRTUAL NON -MANDATORY
ZOOM VIRTUAL MEETING:
PRE -BID MEETING:
HTTPS://US02W EB.ZOOM.US/J/88575025712
ALL QUESTIONS DUE:
FRIDAY, NOVEMBER 22, 2024 AT 5:00 PM
SUBMISSION DUE DATE;
TUESDAY, DECEMBER 10, 2024 AT 11:00 AM
BIDS WILL BE ELECTRONICALLY OPENED AND READ AT
THE GOVERNMENT CENTER
11T FLOOR CONFERENCE ROOM
RESPONDENTS SHALL SUBMIT ALL BIDS
SUBMIT ELECTRONIC BIDS TO:
ELECTRONICALLY THROUGH
WWW.DEMANDSTAR.COM. THE CITY IS ONLY
ACCEPTING
ELECTRONIC SUBMITTALS VIA DEMANDSTAR
.AT
1
aECTRONICA[LYSUBMITTO: INVITATION 70 BID
Derriand5tancom SECTION 5 OPENING:11:00 A.M.
BID SUBMITTAL FORMS TUESDAY, DECEMBER 10, 2024
PLEASE QUOTE PRICES FURNISHED & INSTALLED, LESS TAXES; PROVIDED TO
CITY OF SUNNY ISLES BEACH, FLORIDA
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and. Local). Bid price should be
less all. taxes. Tax Exemption Certificate furnished upon request
Issued by: Purchasing Manager: Date Issued: This rrB Submittal Consists of
Genesis Cuevas November 7, 2024 this rM, Attachments and
Exhibits
Sealed bids are subject to the Terms and Conditions of this INO ATION TO BID and the accompanying
Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid.Submittal received electronically until the above stated time and date,
and at that time, publicly opened for furnishing the supplies oe services described in the accompanying Bid
Submittal Requirement
ITS 25-11-01
STORMWATER MANAGEMENT
A Bid Deposit In the amount of 0-Ig of the total amount of the bid shall accompany all bids
A Performance Bond in the amount of S°1s, of the total amount of the bid will be required upon
execution of the contract by the successful Proposer and City of Sunny Isles Beach
Bidderame; Envi Waste.Services Group, Inc.
X
Jim Lon Chief Executive officer
FAILURE TO SIGN PAGE 33 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID
NONRESPONSIVE
15
500 --..
SECTION 6
BID SUBMITTAL FOR:
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART 11, WHICHEVER APPLIES
PART 1:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION
WITH THIS BID
Addendum #1, Dated December 2, 2024
Addendum#2, Dated _December 2 2024
Addendum #3, Dated . December 2, 2024
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Rated
Addendum #T, Dated
Addendum #8, Dated
PART 11:[3 NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME: En*oWaste Services Group, Inc.
AUTHORIZED SIGNATURE: X DATE: 12/09/2024
TITLE OF OFFIC :Chief Executi Officer
16
501
BID SUBMITTAL FORM
Bid Title: STORMWATER MANAGEMENT PREVENTATIVE MAINTENANCE
The undersigned Bidder proposes and agrees, if this Bid. is accepted, to enter into an agreement with. The
City of Sunny Isles Beach to perform and furnish all Work as specified or Indicated in the Contract
Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with
the other terms and conditions of the Contract Documents.
The Bidder accepts all of the .terms and conditions of the Advertisement or INViI'AI.TION TO BID and
Instructions to Proposers, including without limitation those dealing with thedisposition of Bid Security.
This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposer agrees
to sign and submit the Agreement with the Bonds and other documents required by the Bidding.
Requirements within ten days after the date of the City's Notice of Award.
In submitting this Bid, the Proposer represents, asmore fully set forth in the Agreement, that:
■ The Proposer has familiarized himself/herself with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and Law and
Regulations that in any manner may affect cost, progress, performance, or
furnishing of the Work.
■ The Proposer has given the City written notice of all conflicts,errors, discrepancies
that it has discovered in the Contract Documents and the written resolution thereof
by City is acceptable to the Proposer.
This Bid is genuine and not made in the interest of or on. behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any. agreement
or rules of any group, association, organization, or corporation; the Proposer has
not directly or indirectly induced or solicited any other Proposers to submit a false
or sham Bid; the Proposer has not solicited or induced any person, firm or
corporation to refrain from Bidding; and Proposer has not sought .by collusion to
obtain for itself any advantage over any other Proposers or over the City. .
The Proposer understands and agrees that the Bid is for unit prices to furnish and install individual Work
Items for maintenance and/or repair work, complete In place. Estimates are provided for the purposes of
Bid Evaluation and to establish unit prices for individual Work to be contracted by the City under individual
Purchase Orders, based on the unit prices established under this Bid.
The City. and the successful Proposer will establish completion.times for each individual Work Item and the
successful Proposer agrees that the work will be completed within the time frames agreed upon and
stipulated in the individual Purchase Orders and/or Notice to Proceed.
..... ........... ......... ....... — ----
Firm Name:
EnviroWaste Services Group, Inc.
Street Address:
18001 Old Cutler Road, Suite 643 Palmetto Bay, FL 33157
Mailing Address (if different):
Telephone No. 877-637-9665 Fax No..877-637-9659
Ernaii Address: INFOOEWSG.com FEN No. Sly JJ2..IJ.9JJQ
*"Bys/gping this document the bldderagrees to all Terms and conditions of tills
INVITATION TO BID.
Signature:
(Signature of. tharized agent) J/
Print Name• . 1M Long
Title: Chief Execufrve Officer
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO
BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE
INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL
NON -RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT. ANY
PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE
PROPOSER TO THE TERMS OF ITS OFFER.
18
503
PRICE SHEET
12/2/2024
I. Bidder must use the Bid Price Sheet to submit Bidder's price for this Project.
II. Bidder shall hold the unit Bid Prices firm throughout the Contract period. Bidder
guarantees response time necessary to have a crew return to correct unfinished or
unsatisfactory services.
III. The City reserves the right to increase, decrease, and/or choose the items and quantities
below for the Project to meet its available budget using the unit prices provided below.
N. Bidder must completely fill out each column below, i.e., unit price and total.
V. Not applicable or "N/A" is not acceptable and will cause Bidder to be determined non-
responsive. An authorized officer per the Bidders Sunbiz, must sign the Total Bid Price
Sheet.
VI. The award will be to the lowest responsive responsible Bidder for Total Bid Amount:
VII. Lump sum bid price shall include all costs for: a. Furnishing all tools, equipment, materials,
apparatus, facilities, labor, transportation, supervision and management necessary to perform the
work described in the bid documents; b. Providing the necessary safety precautions for the
protection of the public, such as barricades and warning signs; c. Cleanup activities to restore the
work site to a satisfactory condition; d. Federal, state and local taxes; and e. All permits and
licenses required to perform the work described in the bid documents.
..J4
Services
Item#
Description
Est. Qty
Unit Price
Extended Price
Facility Maintenance
1
Clean and Inspect storm water catch
390 EA
$
$
basins
215.00
83,850.00
2
Clean Inspect Manholes
170 EA
$ 235.00
$ 39,960.00
Clean and Inspect drainage well
3
structures, including removal and
cleaning of well screen, cleaning of
50 EA
$ 800.00
$ 4.0,000.00
concrete structures
4
Replace well screen
10 EA
$ 390.00
$ 3,900.00
5
Line Jetting
42,000 LF
$ 75
$ 31,500.00
6
Hauling water to licensed disposal
SO Each
$ 400.00
$ 20,000.00
facilitV
Facility Inspection
7
Video Inspection
500 LF
7.00
3,500.00
(including plugging of line)
$
$
Alternate Inspection Method as proposed
by Contractor (describe),
Diver lnspectons
7a
4 Hour minimum
4
$ 475.00
$ 1,900-00
NPDES MS4 Compliance
8
MS4 Reporting and Compliance Data
Lump Sum(LS)
$ 1,900.00
$ 1,900.00
Grand Total;
$ 226,500.00
505 __
Emer encV As -needed Items:
Descri` Hon
Unit
Unit Price
Mobilization (ernergencyEA
jobeftw orgy, include MOT &
500.00
Traffic control
Mobilization (emergency
jobsites only, include MOT &
EA
695.00
Traffic Control) after: business
�Y�f.CegL!! i•
out of scope workJAs-needed,
HR
$ 315.00
Yac Tntdc Crew Member
Name of Bidder:
EnviroWaste Services Group, Inc.
Name and Signature of Authorized Contract Signor:
Name, title:
Jim Long, Chief Executive Officer
Signature: -,,_,
yX-P p a ,p r Sit
c�T` of suK ��o
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Genesis Cuevas, Purchasing Manager
DATE: August 20, 2026
RE: First Amendment Award ITB No. 25-11-01 to EnviroWaste Services Group,
Inc. (as Primary) for Stormwater Management System Preventative
Maintenance
RECOMMENDATION:
This item is presented for consideration by the City Commission.
REASONS:
On November 7, 2024, the city issued ITB # 25-11-01 titled Stormwater Management Preventative
Maintenance Services. The solicitation was uploaded on DemandStar.com, and distributed to over
1,700 contractors, in which 26 contractors became Planholders. Note, Planholders receive all the
notifications related to the solicitation. On December 10, 2024, the City received six (6) electronic bid
submissions: EnviroWaste Services Group (EnviroWaste), JMP Group LLC, LMK Pipe Renewal, National
Water Main Cleaning Co (NWMC), Raider Rooter and Shenandoah General Construction LLC.
The scope of the ITB is as follows:
The City of Sunny Isles Beach (the "City") desires to establish a contract with a licensed ("Contractor")
to provide all labor, equipment and materials to inspect and clean approximately fifty (50) deep drainage
wells structures, approximately three hundred and ninety (390) stormwater catch basins, 170
stormwater manholes and clean approximately forty-two thousand (42,000) linear feet of pipe. Such
activities will take place within the City limits. The disposal of debris shall be the responsibility of the
Contractor.
Item Number: 9.J
476
This Bid contained Minimum Qualification Requirements (MQRs) which the Bidder must meet in order
for the Bidder to be considered responsive. The "M QRs" were as follows:
A. The Proposing Bidder shall hold the proper license in the State of Florida to perform the Scope of
Work set forth within this solicitation to include being registered as a Certified General Contractor
or Underground Contractor with the State of Florida along with registration to conduct business
in the State of Florida in all required disciplines. Proposing Bidder must provide a copy of the
applicable license(s) with bid response.
B. The Proposing Bidder shall Obtain a Class V permit issued by the DERM upon project award.
Awarded Bidder must provide a copy of the Class V permit priorto providing services.
C. The Proposing Bidder must have been awarded Prime Contractor and successfully performed
three (3) projects of similar or greater size, scope, and complexity to the specifications of the ITB
within the last five (5) years.
D. Proposing Bidder shall provide reference letters for no less than three (3) projects in which
Contractor served as Prime Contractor for projects similar in size and scope.
Pursuant to Resolution 2025-3787, the City awarded a contract to National Water Main Cleaning Co.
("NWMC") as the Primary Awardee, having been determined to be the lowest responsive and
responsible bidder, in the amount of $300,000. EnviroWaste was awarded as the Secondary Awardee.
The purpose of the secondary award was to ensure continuity of services in the event NWMC defaulted
on its contractual obligations, at which time the contract with EnviroWaste would be activated for a not -
to -exceed amount of $100,000.
The contracts were executed on January 31, 2025, for an initial three (3) years, and the City reserves the
option at its sole discretion to renew this Agreement for one (1) additional two-year renewal term, upon
approval by the City Commission.
On May 21, 2026, National Water Main Cleaning Co. notified the City of its decision to cease operations
in Florida and requested termination of its contract. The City accepted the request and proceeded with
the termination. As a result, the City activated the secondary awardee, EnviroWaste, to continue
providing the contracted services.
Envirowaste accepted the proposed ranking of Primary Contractor, and honored their bid unit prices
from 2025. This First Amendment -requests an additional $250,000 to cover annual scheduled
maintenance services to clean and inspect storm water catch basins and manholes, as well as a
contingency allowance for work that may be required as a result of storm or flood events within the City.
If approved, the total contract amount is $350,000.00 until January 2028.
Item Number: 9.J
477
ADDITIONAL INFORMATION:
Copies of the complete contract, including the ITB and reference letters are on file with the Office of the
City Clerk and are available upon request.
FUNDING SOURCE:
Funds are budgeted in the stormwaterfund of the proposed budget.
ATTACHMENTS:
Resolution
First Amendment - Envirowaste
Item Number: 9.J
478
ENVIR*
WASTE SERVICES GROUP
18001 Old Cutler Road, Suite 643 Palmetto Bay, FL 33157
PH: 877-637-9665
Proposal/Agreement
Date: August 3, 2026
Customer: City of Sunny isles
18070 Collins Ave
Sunny Isles Beach, FL 33160
Job Reference: Citywide Storm Drain Cleaning
In accordance with your request, we are pleased to submit the following proposal.
SCOPE OF WORK DESCRIPTION:
Provide vactor services to clean storm drain system
EWSG WILL FURNISH:
Line Item
Number
Description
Unit of
Measure
Quantity
Unit Price
Extended
Price
1.
Clean and inspect storm water catch
basins
EA
392
$ 215.00
$ 84,280.00
2.
Clean and inspect manholes (includes 60
well adjacent structure)
EA
233
$ 235.00
$ 54,755.00
Total
$ 139,035.00
GEN'L NOTES:
All quotes/prices are valid for 30 days. After 30 days, EWSG reserves the right to adjust the price based on resources and conditions.
SPECIAL NOTES:
All permits and M.O.T. excluded from this proposal --
We have submitted this proposal in good faith, under the assumption the information provided is accurate and the descriptions and scope and intentions of this
project are accurate. We reserve the right to modify this proposal ifthe conditions vary widely.
AA
EWSG Thanks You for This Opportunity to Be of Service!
ENVIR*
WASTE SERVICES GROUP
GENERAL TERMS AND CONDITIONS
General Conditions: These general conditions are incorporated by reference into the proposal and are part of the Agreement under which services are to be
performed by EWSG for the Customer. EWSG will always follow Customer's instructions both verbal and written.
Customer Provided Labor: Where the Customer provides labor for EWSG, the Customer will indemnify EWSG for liability, loss or expense for work related injuries to
those laborers not provided by EWSG. The Customer agrees to waive all rights to subrogation against EWSG arising out of the work in the Agreement.
Customers Responsibilities: Customer will provide mechanical services. Operation and control of Customers equipment is the Customer's responsibility. If EWSG
cannot continue its work due to circumstance caused or allowed by Customer and of which EWSG was not apprised prior to starting the work, an hourly fee will be
charged.
Damage Limitations: Under no circumstances will EWSG be responsible for indirect, incidental or consequential damages. EWSG also is not responsible for the
rendering of or failure to render architectural, engineering or surveying professional services.
Pre-existing Conditions: EWSG will not be responsible for liability, loss or expense (including damage caused by the backup of basement sewers or the use of fire
hydrants) where the primary cause of the claim or damage is pre-existing conditions including faulty, inadequate or defective design, construction, maintenance or
repair of property or contamination of the subsurface where the condition existed prior to the start of EWSG's work. Customer is responsible for loss of service
equipment caused by the pre-existing conditions on the job site.
Environmental Conditions: The debris is represented to EWSG to be non -hazardous, requiring no manifesting or special permitting. The Customer will be responsible
for any additional costs or claims associated with treatment, storage, disposal of the removed debris, or breach of the above representation, at any time during or
after the completion of this project.
Indemnification: The Customer and EWSG will each indemnify the other in proportion to relative fault for liability, loss and expense incurred by the other party
resulting from a negligent act or omission in performance of work under this Agreement. The Customer also will indemnify EWSG for liability, loss and expense
resulting from EWSG's services if EWSG is acting at the direction or instruction of the Customer, or where the primary cause of any damages is due to information
provided by the Customer.
Limitation of Liability: Notwithstanding anything herein to the contrary, EWSG's liability arising under this agreement or relating to this work shall not exceed the
aggregate amounts paid by Customer to EWSG under this agreement. The foregoing sentence is the entire liability and obligation of EWSG with respect to any liability
hereunder, including, without limitation, incidental, special, consequential, punitive, aggravated, exemplary, liquidated or delay damages.
Payment Terms: Company will invoice Customer monthly or upon completion of the scope of services. Customer's payment terms will be in US Dollars and paid in full
thirty (30) days after invoice date. In addition to any other remedy available to Company for late payments, Customer will be obligated to pay Company interest for
fees and charges not paid within 45 days from invoice date at the compounded interest rate of 1-1/2% per month or the maximum allowed by law, whichever is less
for each month (or partial month), calculated from the date such payment was due until the date paid. Customer will be responsible for any costs, including
attorney's fees, incurred by the Company in collecting any past due amounts under this Agreement.
Sectional Installation: Customer acknowledges the installation of a Sectional Liner for the purpose of rehabilitating a damaged pipeline does not guarantee
additional repair work will not be required even with proper installation. Should it be determined additional repair work will be required EWSG will provide additional
services as agreed upon with the Customer. Such costs for additional services will be born by the customer and agreed upon in writing prior to the initiation of
additional work.
Entire Agreement: This proposal together with any written documents which may be incorporated by specific reference herein constitutes the entire agreement
between the parties and supersedes all previous communications between them, either oral or written. The waiver by EWSG of any term, condition or provision
herein stated shall not be construed to be a waiver of any other term, condition or provision hereof.
We have submitted this proposal in good faith, under the assumption the information provided is accurate and the descriptions and scope and intentions of this
project are accurate. We reserve the right to modify this proposal if the conditions vary widely. The pricing is submitted under the assumption the job will be
completed, as whole. Additional mobilizations or stoppages beyond our control will be negotiated in good faith.
CUSTOMER
Customer Signature
Sfkh 11lll�t /
Printed Name
Tittle
ENVIROWASTE SERVICES GROUP, INC.
A Florida Corporation
EnviroWaste Services Group, Inc.
Mike Garcia
Submitted by
Operations
Title
48