HomeMy Public PortalAbout2014-21 Agreement with Beach RakerRESOLUTION NO. 2014-21
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
THE AGREEMENT WITH W.D. THOMPSON, INC. D/B/A
BEACH RAKER FOR BEACH CLEANING, MAINTENANCE
AND BEAUTIFICATION SERVICES; AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE THE AGREEMENT
FOR SUCH SERVICES; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne ("Village") recently solicited proposals or quotes
from firms to provide Beach Cleaning, Maintenance and Beautification Services ("Services") to the
Village;
WHEREAS, the Village wishes to engage W.D. Thompson, Inc. D/B/A Beach Raker
("Beach Raker)") to provide the Services to the Village; and
WHEREAS, the Village Council desires that Beach Raker provide the Services and
authorizes the Village Manager to execute the Agreement with Beach Raker (the "Agreement")
substantially in the form attached hereto as Exhibit "A-1" ; and
WHEREAS, the Village Council finds that it is in the best interest of the Village to enter
into the Agreement for the Services with Beach Raker, and proceed as indicated in this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Agreement Approved.. That the Agreement, substantially in the form
attached hereto as Exhibit "A-1", between W.D. Thompson, Inc. D/B/A Beach Raker and the Village
for Beach Cleaning, Maintenance and Beautification Services is hereby approved, and the Village
Manager is hereby authorized to execute the Agreement and related or necessary documentation on
behalf of the Village, once approved as to form, content and legal sufficiency by the Village
Attorney.
Section 3. Implementation. That the Village Manager is hereby authorized to take any
and all action which is necessary to implement the Agreement and the purposes of this Resolution.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 24th day of June, 2014.
CONCHITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS 0 FORM AND LEGAL SUFFICIE
VILLAGE ATTO
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FRANKLIN . CAPLAN
Exhibit "A-1"
(Agreement for Beach Cleaning, Maintenance and Beautification Services)
AGREEMENT
between
VILLAGE OF KEY BISCAYNE, FLORIDA
and
W.D. THOMPSON, INC. D/B/A BEACH RAKER
for
BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION SERVICES
THIS AGREEMENT (this "Agreement") is made by and between the VILLAGE OF KEY
BISCAYNE, FLORIDA, a Florida municipal corporation (hereinafter referred to as the "VILLAGE"),
and W.D. THOMPSON, INC., a Florida corporation, D/B/A BEACH RAKER (hereinafter referred to
as the "CONTRACTOR"), whose principal place of business is 220 N.E. 13 Street, Pompano Beach,
Florida 33063.
RECITALS:
WHEREAS, the Village is in need of beach cleaning, maintenance and beautification services
for ocean shoreline within the municipal limits of the VILLAGE as shown on the VILLAGE Plan
attached to this Agreement as Exhibit "A, including solid waste collection and disposal, recycling, beach
grading, management of seaweed, response to coastal storm events and tilling, for locations within the
VILLAGE" (the "Services" or "Project");
WHEREAS, the CONTRACTOR is willing and able to perform the Services for the VILLAGE
in accordance with the Beach Cleaning, Maintenance and Beautification Services Criteria and Typical
Conditions (the "Specifications") attached hereto as Exhibit "B", and in accordance with the Proposal
Costs included as part of Exhibit "B" attached to this Agreement; and
NOW THEREFORE, in consideration of the mutual terms, conditions, promises and covenants
set forth below, the VILLAGE and CONTRACTOR agree as follows:
SECTION 1. SCOPE AND SERVICES
1.1 Agreement Documents. This Agreement Documents, which comprise the entire
agreement between the VILLAGE and the CONTRACTOR concerning the Services, consist of this
Agreement (including any changes or amendments thereto), the Plan attached hereto as Exhibit "A", the
Specifications for the Services attached hereto as Exhibit "B" (including the revisions to the
Specifications from CONTRACTOR included as part of Exhibit "B"), the Proposal Costs included in
Exhibit "B", the Additional Services and Costs attached hereto as Exhibit "C", the Insurance Certificates,
and the Notice to Proceed, all of which are deemed incorporated into and made a part of this Agreement
by this reference and govern the Project. The Services as defined in Section 1.2 hereof and to be provided
and performed with respect to the Project shall be at all times subject to the requirements of the
Agreement Documents.
1.2 Scope of Services. The CONTRACTOR shall provide to the VILLAGE beach cleaning,
maintenance and beautification services in accordance with the Permit issued to the Village by the Florida
Department of Environmental Protection (FDEP) for approximately 6,200 feet of ocean shoreline within
the municipal limits of the VILLAGE as shown on the VILLAGE Plan attached to this Agreement as
Exhibit "A, including solid waste collection and disposal, recycling, beach grading, management of
seaweed, response to coastal storm events and tilling, or as otherwise determined by the VILLAGE (the
"Service Areas") and in accordance with the Specifications attached thereto as Exhibit "B". The
VILLAGE reserves the right to remove or change specific area locations within the Service Areas on a
temporary or permanent basis, as deemed appropriate by the VILLAGE. The Services and work shall
include the furnishing of all labor, materials, tools, equipment, machinery, superintendence and services
necessary for the Services, which are more specifically set forth in the Specifications incorporated herein
as Exhibit "B". The CONTRACTOR shall maintain the Project in accordance with the highest quality
beach cleaning, maintenance and beautification standards consistent with the Specifications set forth
herein which shall surpass industry standards. The CONTRACTOR'S Services shall be subject to
inspection and approval by the VILLAGE, who shall indicate items or services that need to be addressed
or corrected and the CONTRACTOR shall address and complete same in a timely manner and provide a
status report. The CONTRACTOR shall adhere to the beach cleaning, maintenance and beautification
programs and frequency as provided in the Specifications attached to this Agreement as Exhibit "B".
At the request and direction of the VILLAGE, the CONTRACTOR shall provide Additional
Services, as set forth in the Additional Services and Costs attached hereto as Exhibit "C."
SECTION 2. BILLING AND PAYMENTS TO THE CONTRACTOR
2.1 Payment; Invoices. The VILLAGE shall pay the CONTRACTOR in accordance with
the annual fixed price set forth in the Proposal Costs included and attached hereto as Exhibit "B", payable
monthly within thirty (30) calendar days of approval by the VILLAGE of any invoices submitted by
CONTRACTOR to the VILLAGE. Payment will be made on a monthly basis after Services are rendered,
accepted and properly invoiced. CONTRACTOR shall provide one invoice for all general maintenance
Services performed regularly on a monthly basis, itemized with each task enumerated in the Proposal
Costs. Additional Services (including, but not limited to, additional seaweed management and storm
conditions with excess seaweed, debris removal) shall be itemized and billed separately in accordance
with the rates set forth in the Additional Services and Costs attached hereto as Exhibit "C." The
VILLAGE shall make payments to CONTRACTOR pursuant to applicable Florida law. Payments shall
be made for units or Services ordered, placed and accepted by the VILLAGE and for rates in accordance
with the Proposal Costs attached hereto as Exhibit "B", and rates for Additional Services as set forth in
Exhibit "C" attached hereto.
2.2 Disputed Invoices. In the event that all or a portion of an invoice submitted to the
VILLAGE for payment to the CONTRACTOR is disputed, or additional backup documentation is
required, the VILLAGE shall notify the CONTRACTOR within fifteen (15) working days of receipt of
the invoice of such objection, modification or additional documentation request. The CONTRACTOR
shall provide the VILLAGE with additional backup documentation within five (5) working days of the
date of the VILLAGE'S notice. The VILLAGE may request additional information, including but not
limited to, all invoices, expense records, accounting records, and payment records of the
CONTRACTOR. The VILLAGE shall, pay to the CONTRACTOR the undisputed portion of the
invoice. The parties shall endeavor to resolve the disputed portions in a mutually agreeable fashion.
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2.3 Suspension of Payment. In the event that the VILLAGE becomes credibly informed that
any representations of the CONTRACTOR are wholly or partially inaccurate, or in the event that the
CONTRACTOR is not in compliance with any terms or conditions of this Agreement, the VILLAGE
may withhold payment of sums then or in the future otherwise due to the CONTRACTOR until the
inaccuracy, or other breach of this Agreement, and the cause thereof, is corrected to the VILLAGE'S
reasonable satisfaction.
SECTION 3. TERM/TIME OF PERFORMANCE
3.1 Term. The CONTRACTOR shall be instructed to commence the Services by written
instruction from the VILLAGE in the form of a Notice to Proceed providing the commencement date of
this Agreement. This Agreement shall commence on the commencement date indicated on the Notice to
Proceed and shall continue in full force and effect for an initial term of one (1) year, unless otherwise
terminated pursuant to the terms of this Agreement (the "Term"). The VILLAGE by written notice to
CONTRACTOR, given on or before ninety (90) days prior to the expiration of the initial one (1) year
term, may elect to extend the Term of this Agreement for an additional two (2) year term upon the same
terms, conditions and pricing as set forth herein for such renewal Term. Thereafter, the Term of this
Agreement shall be automatically renewed annually for up to three (3) additional one (1) year renewal
terms, upon the same terms, conditions and pricing as set forth in this Agreement, unless the VILLAGE
provides written notice to the CONTRACTOR of its election not to renew the Term or renewal term at
least ninety (90) days prior to the expiration of the Term or the applicable renewal term. In the event that
Services are scheduled to terminate either by expiration or by termination by the VILLAGE, the
VILLAGE, in its sole discretion, may request that the CONTRACTOR continue the Services for a
transition period until new Services can be established and operational. This transition period shall not
exceed ninety (90) days beyond the expiration date of this Agreement.
3.2 Commencement. The CONTRACTOR' S Services under this Agreement and the time
frames and schedule applicable to this Agreement shall commence upon the commencement date
indicated on the Notice to Proceed. The CONTRACTOR shall not incur any expenses or obligations or
incur payment to third parties prior to the issuance of a Notice to Proceed for the Project, and the
CONTRACTOR must receive the Notice to Proceed from the VILLAGE prior to beginning the
performance of the Services.
3.3 Contract Time. From and after the receipt of the Notice to Proceed, the CONTRACTOR
shall continuously perform the Services to the VILLAGE, with faithfulness and diligence and without
interruption, for the duration of the Term and any renewal term thereafter (the "Contract Time"). Time
is of the essence in the performance of the Services and all limitations of time set forth in this Agreement
are of the essence.
SECTION 4. TERMINATION OF AGREEMENT
4.1 Performance Probationary Period; Termination. This Agreement and the
performance of the Services by the CONTRACTOR are subject to a sixty (60) day performance
probationary period. During this probationary period, the CONTRACTOR'S performance will be
closely monitored by the VILLAGE. If the CONTRACTOR'S performance fails to consistently meet the
standards and requirements set forth in this Agreement, the VILLAGE shall have the right to terminate
this Agreement upon written notice to the CONTRACTOR. If the CONTRACTOR'S performance is
acceptable and meets the standards and requirements of this Agreement, the VILLAGE shall so notify
the CONTRACTOR and this Agreement shall continue and extend throughout the Term provided in this
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Agreement. The VILLAGE shall have the right to terminate this Agreement during the probationary
period, with or without cause, and the exercise of this right shall be solely within the discretion of the
VILLAGE.
4.2 Termination for Default. If CONTRACTOR fails to timely begin the Services, or fails
to perform the Services with sufficient workers and equipment or with sufficient materials to insure the
prompt completion of the Services according to the Specifications and this Agreement, or shall perform the
Services unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution
of the Services pursuant to the accepted schedule or if the CONTRACTOR shall fail to perform any material
term set forth in this Agreement, the VILLAGE will notify the CONTRACTOR in writing of the violation
and allow the Contractor a seven (7) days to cure and correct the violation. In the event that the violation is
not cured or corrected within the seven (7) day cure period, the Village may terminate the services of
CONTRACTOR, exclude CONTRACTOR from the Project site, provide for alternate prosecution of the
Services, appropriate or use any or all materials and equipment on the Project site as may be suitable and
acceptable, and may perform the Services by whatever methods it may deem expedient. In such case,
CONTRACTOR shall not be entitled to receive any further payment. All damages, costs and charges
incurred by the VILLAGE, together with the costs of completing the Services, shall be deducted from any
monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred
by VILLAGE shall exceed monies due CONTRACTOR from the VILLAGE, CONTRACTOR shall be
liable and shall pay to VILLAGE the amount of said excess promptly upon demand therefore by VILLAGE.
4.3 Termination for Insolvency or Bankruptcy. if CONTRACTOR shall become insolvent
or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the
benefit of creditors, or from any other cause whatsoever shall not carry on the Services in an acceptable
manner, VILLAGE may, upon seven (7) days written notice of termination, terminate the services of
CONTRACTOR, exclude CONTRACTOR from the Project site, provide for alternate prosecution of the
Services, appropriate or use any or all materials and equipment on the Project site as may be suitable and
acceptable, and may perform the Services by whatever methods it may deem expedient. In such case,
CONTRACTOR shall not be entitled to receive any further payment. All damages, costs and charges
incurred by the VILLAGE, together with the costs of completing the Services, shall be deducted from any
monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred
by VILLAGE shall exceed monies due CONTRACTOR from the VILLAGE, CONTRACTOR shall be
liable and shall pay to VILLAGE the amount of said excess promptly upon demand therefore by VILLAGE.
4.4 Payment after Termination. Provided that the CONTRACTOR has performed in
accordance with the terms of this Agreement as of the date of termination pursuant to Sections 4.2 and
4.3 above, CONTRACTOR shall receive all payments due to CONTRACTOR for Services rendered and
accepted prior to and up to the date of termination.
SECTION 5. ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES
5.1 Changes Permitted. Changes in the Services or the Project consisting of additions,
deletions, revisions, or any combination thereof, may be ordered by the VILLAGE by Change Order (as
defined below) without invalidating the terms of this Agreement.
5.2 Change Order Defined. "Change Order" shall mean a written order to the
CONTRACTOR executed by the VILLAGE, issued after execution of this Agreement, authorizing and
directing a change in the Services, the Project, Payment or the Contract Time, or any combination thereof.
The Payment and/or the Contract Time may be changed only by Change Order.
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5.3 Effect of Executed Change Order. The execution of a Change Order by the VILLAGE
and the CONTRACTOR shall constitute conclusive evidence of the CONTRACTOR'S agreement to the
ordered changes in the Services or the Project, or an adjustment in the Payment or the Contract Time, or
any combination thereof. The CONTRACTOR, by executing the Change Order, waives and forever
releases any claim against the VILLAGE for additional time or compensation for matters relating to or
arising out of or resulting from the Services included within or affected by the executed Change Order.
Change Order costs shall be determined at a negotiated fee between the parties or based on the Proposal
Costs attached hereto as Exhibit "B."
SECTION 6. SURVIVAL OF PROVISIONS
Any terms or conditions of this Agreement that require acts beyond the date of the Term, shall
survive termination of this Agreement, and shall remain in full force and effect unless and until the terms
or conditions are completed and shall be fully enforceable by either party.
SECTION 7. VILLAGE'S RESPONSIBILITIES
7.1 The VILLAGE will assist CONTRACTOR by placing at its disposal all available
information as may be requested in writing by the CONTRACTOR relating to the Project and allow
reasonable access to all pertinent information relating to the Services to be performed by
CONTRACTOR.
7.2 The VILLAGE shall furnish to COTRACTOR, at the CONTRACTOR'S written request,
all available maps, plans, existing studies, reports and other data, pertinent to the Services to be provided
by CONTRACTOR, that are in possession of the VILLAGE.
7.3 The VILLAGE shall arrange for access to and make all provisions for CONTRACTOR
to enter upon public property under the control of the VILLAGE as required for CONTRACTOR to
perform the Services.
7.4 The VILLAGE shall furnish the CONTRACTOR with adequate secured storage space
with running water, on or adjacent to the beach for the CONTRACTOR to store its equipment.
SECTION 8. CODE OF ETHICS.
Intentionally Omitted.
SECTION 9. COMPLIANCE WITH LAWS; LICENSES; POLICY OF NON-
DISCRIMINATION/WAGES
9.1 The CONTRACTOR and any and all of its agents, employees and subcontractors shall
comply with all applicable federal, state, county and local laws, ordinances, rules, regulations and
procedural requirements applicable to the performance of the Services and operations pursuant to this
Agreement, including, but not limited to, Chapter 17 (Noise) of the Village's Code of Ordinances
regulating noise, power tools and equipment, Chapter 8, Article VI (Lighting Regulations and Marine
Turtle Protection), and meeting or exceeding all applicable requirements of the latest version of the codes
and specifications applicable to the Services promulgated or published by the Florida Department of
Transportation (FDOT) (vehicle Safety and traffic control requirements), the Occupational Safety Health
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Act (OSHA), the Environmental Protection Agency (EPA),all Federal and State Environmental
Protection laws and regulations, and the Florida Department of Environmental Protection (FDEP). The
CONTRACTOR is required to enter upon the ocean shoreline, VILLAGE'S property and public rights -
of -way to perform the Services pursuant to this Agreement and shall obtain all necessary licenses,
permits, approvals and insurance in connection with such access and right of entry. The CONTRACTOR
shall comply with all requirements and the VILLAGE' S agreements with any other entity or agency
which concern the Service Areas upon which the Services are to be provided.
9.2 The CONTRACTOR shall be licensed and certified by all appropriate federal, state,
county and local agencies. Prior to the commencement of the Services or work and at all times daring
the Term or any renewal term(s) of this Agreement, CONTRACTOR shall procure and maintain, at its
sole cost and expense, and provide copies to the VILLAGE, all required licenses, permits and
certifications for the performance of the Services and the operations set forth in this Agreement.
9.3 The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex,
sexual orientation, age, marital status, national origin, physical or mental disability in the performance of
Services or work under this Agreement. The CONTRACTOR shall comply with all equal employment
opportunity requirements and any and all applicable requirements established by state and federal law.
SECTION 10. OWNERSHIP OF DOCUMENTS
10.1 Any and all records, drawings and specifications, as instruments of the Services to be
performed (the "Drawings and Specifications"), are and shall become the property of the VILLAGE
whether the Project for which they are made is executed or not. The CONTRACTOR shall be permitted
to retain copies, including reproducible copies, of the Drawings and Specifications for information and
reference in connection with the VILLAGE'S use and occupancy of the Project.
10.2 The CONTRACTOR agrees not to divulge, furnish or make available to any third person,
insurance broker or organization, without the VILLAGE'S prior written consent, or unless incident to
the proper performance of the CONTRACTOR'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the Services to be rendered by the CONTRACTOR hereunder, and the
CONTRACTOR shall require all of its employees, agents and subcontractors to comply with the
provisions of this paragraph.
SECTION 11. OWNERSHIP AND ACCESS TO RECORDS AND AUDITS.
11.1 CONTRACTOR acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports and all similar or related information
(whether patentable or not) which relate to Services to the VILLAGE which are conceived, developed or
made by CONTRACTOR during the term of this Agreement ("Work Product") belong to the VILLAGE.
CONTRACTOR shall promptly disclose such Work Product to the VILLAGE and perform all actions
reasonably requested by the VILLAGE (whether during or after the term of this Agreement) to establish
and confirm such ownership (including, without limitation, assignments, powers of attorney and other
instruments).
11.2 All records, books, documents, maps, data, deliverables, papers and financial information
(the "Records") that result from the CONTRACTOR providing the Services to the VILLAGE under this
Agreement shall be the property of the VILLAGE.
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11.3 The VILLAGE 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 CONTRACTOR involving transactions related to this Agreement.
In addition, the CONTRACTOR agrees to comply specifically with the provisions of Section 119.0701,
Florida Statutes.
11.4 The VILLAGE may cancel and terminate this Agreement immediately for refusal by the
CONTRACTOR to allow access by the VILLAGE 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.
SECTION 12. NO CONTINGENT FEE
The CONTRACTOR warrants that he or she has not employed or retained any company or
person, other than a bona fide employee working solely for the CONTRACTOR to solicit or secure this
Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for the CONTRACTOR any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of this provision, the VILLAGE shall have the right to terminate
this Agreement without liability and, at its discretion, to deduct from the Payment, or otherwise recover,
the full amount of such fee, commission, percentage, gift, or consideration.
SECTION 13. INDEPENDENT CONTRACTOR
The CONTRACTOR is an independent CONTRACTOR under this Agreement. Personnel
provided by the CONTRACTOR shall be employees of the CONTRACTOR and subject to supervision
by the CONTRACTOR, and not as officers, employees, or agents of the VILLAGE. Personnel policies,
tax responsibilities, social security, health insurance, worker's compensation insurance, employee
benefits, purchasing policies and other similar administrative procedures applicable to Services rendered
under this Agreement shall be those of the CONTRACTOR.
SECTION 14. ASSIGNMENT; AMENDMENTS
14.1 This Agreement or the Services shall not be assigned, sold, transferred or otherwise
encumbered, under any circumstances, in whole or in part, by CONTRACTOR, without the prior written
consent of the VILLAGE, in its sole and absolute discretion.
14.2 No modification, amendment or alteration in the terms or conditions of this Agreement
shall be effective unless contained in a written document executed with the same formality as this
Agreement by both parties.
SECTION 15. INDEMNIFICATION/HOLD HARMLESS
15.1 The CONTRACTOR shall indemnify and hold harmless the VILLAGE, and its officers
and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorneys' fees, to the extent caused by the acts, omissions, negligence, recklessness, wrongful conduct,
acts, errors or omissions of the CONTRACTOR or any subcontractors or other persons employed or
utilized by the CONTRACTOR in the performance of this Agreement. The CONTRACTOR'S obligation
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under this paragraph shall not be limited in any way by the agreed upon Payment, or the
CONTRACTOR'S limit of, or lack of, sufficient insurance protection.
15.2 The indemnification obligation under this clause shall not be limited in any way by any
limitation on the amount or type of damages, compensation, or benefits payable by or for the
CONTRACTOR or any subcontractor or other persons employed or utilized by the CONTRACTOR in
the performance of this Agreement, under worker's compensation acts, disability benefit acts, or other
employee benefit acts.
15.3 The CONTRACTOR shall not specify or allow any subcontractor or other persons
employed or utilized by the CONTRACTOR in the performance of this Agreement to specify a particular
design, process or product that infringes upon any patent. The CONTRACTOR shall indemnify and hold
VILLAGE and its officers and employees harmless from any loss, cost or expense, including reasonable
attorney's fees and costs incurred, on account thereof if the CONTRACTOR violates the requirements
of this Section 15.
SECTION 16. INSURANCE
CONTRACTOR shall secure and maintain throughout the duration of this Agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to VILLAGE,
naming the VILLAGE as an Additional Insured, underwritten by an insurance company rated A -X or
better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be
primary insurance with respect to the VILLAGE, its officials, employees, agents and volunteers naming
the VILLAGE as additional insured. Any insurance maintained by the VILLAGE shall be in excess of
the CONTRACTOR'S insurance and shall not contribute to the CONTRACTOR'S insurance. The
insurance coverages shall include at a minimum the amounts set forth in this Section 16 and may be
increased by the VILLAGE as it deems necessary or prudent.
(a) Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability
Insurance shall also include Completed Operations and Product Liability coverages and eliminate the
exclusion with respect to property under the care, custody and control of CONTRACTOR. The General
Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
(b) Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must
include Employer's Liability with minimum limits of $1,000,000.00 each accident. No employee,
subcontractor or agent of the CONTRACTOR shall be allowed to provide Services pursuant to this
Agreement who is not covered by Worker's Compensation insurance.
(c) Business Automobile Liability with minimum limits of $1,000,000 per
Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded
on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and
Non -Owned Vehicles.
(d) Certificate of Insurance. Certificates of Insurance shall be provided to the
VILLAGE, reflecting the VILLAGE as an Additional Insured, no later than ten (10) days after award of
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this Agreement and prior to the execution of this Agreement by VILLAGE and prior to commencing any
Services. Each certificate shall include no less than (30) thirty -day advance written notice to VILLAGE
prior to cancellation, termination, or material alteration of said policies or insurance. The
CONTRACTOR shall be responsible for assuring that the insurance certificates required by this Section
remain in full force and effect for the duration of this Agreement, including any extensions or renewals
that may be granted by the VILLAGE. The Certificates of Insurance shall not only name the types of
policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance
is as required by this Agreement. The VILLAGE reserves the right to inspect and return a certified copy
of such policies, upon written request by the VILLAGE. If a policy is due to expire prior to the
completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days
prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that
not less than thirty (30) calendar days' written notice shall be provided to the VILLAGE before any
policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of
the VILLAGE.
(e) Additional Insured. The VILLAGE is to be specifically included as an
Additional Insured for the liability of the VILLAGE resulting from Services performed by or on behalf
of the CONTRACTOR in performance of this Agreement. The CONTRACTOR'S insurance, including
that applicable to the VILLAGE as an Additional Insured, shall apply on a primary basis and any other
insurance maifitained by the VILLAGE shall be in excess of and shall not contribute to the
CONTRACTOR'S insurance. The CONTRACTOR'S insurance shall contain a severability of interest
provision providing that, except with respect to the total limits of liability, the insurance shall apply to
each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies
had been issued to each.
(f) Deductibles. All deductibles or self -insured retentions must be declared to and
be reasonably approved by the VILLAGE. The CONTRACTOR shall be responsible for the payment of
any deductible or self -insured retentions in the event of any claim.
(g) The provisions of this section shall survive termination of this Agreement.
SECTION 17. REPRESENTATIVE OF VILLAGE AND CONTRACTOR
17.1 VILLAGE Representative. It is recognized that questions in the day-to-day conduct of
this Agreement will arise. The VILLAGE designates the VILLAGE Manager or his or her designee, as
the person to whom all communications pertaining to the day-to-day conduct of this Agreement shall be
addressed.
17.2 CONTRACTOR Representative. CONTRACTOR shall inform the VILLAGE
Manager, in writing, of the representative of the CONTRACTOR to whom all communications pertaining
to the day-to-day conduct of this Agreement shall be addressed.
SECTION 18. COST AND ATTORNEY'S FEES/WAIVER OF JURY TRIAL
18.1 If either the VILLAGE or CONTRACTOR is required to enforce the terms of this
Agreement by court proceedings or otherwise, whether or not formal legal action is required, the
prevailing party shall be entitled to recover from the other party all costs, expenses, and reasonable
attorney's fees in any state or federal administrative, circuit court and appellate court proceedings.
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18.2 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.
SECTION 19. ALL PRIOR AGREEMENTS SUPERSEDED
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained in this Agreement and the parties agree
that there are no commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly it is agreed that no deviation from the
terms of the Agreement shall be predicated upon any prior representations or agreements whether oral or
written.
SECTION 20. CONTRACTOR'S RESPONSIBILITIES
20.1 CONTRACTOR warrants that the Services to be performed hereunder shall be performed
by the CONTRACTOR'S own staff or employees, unless otherwise approved in writing by the
VILLAGE. The VILLAGE shall approve any and all subcontractors providing Services to the VILLAGE
pursuant to this Agreement. Said approval shall not be construed as constituting an agreement between
the VILLAGE and said other person or firm. The CONTRACTOR'S services shall be performed in a
manner consistent with that degree of skill and care ordinarily exercised by practicing professionals
performing similar services in the same locality and under the same or similar circumstances and
conditions.
20.2 CONTRACTOR represents that it possesses the requisite skills and shall follow the
professional standards and the standard of conduct for CONTRACTORS or vendors in performing all
Services under this Agreement. The CONTRACTOR agrees to use its skill and judgment in furthering
the VILLAGE'S interests hereunder and CONTRACTOR shall perform the Services in accordance with
the practice of the pertinent industry and as expeditiously as is consistent with reasonable skill and care.
The VILLAGE shall have the right to reject or disapprove Services which the Village finds to be defective
or non -conforming. If at any time during the term of this Agreement or the Project for which the
CONTRACTOR has provided Services under this Agreement, it is determined that the
CONTRACTOR'S Services or work are incorrect, defective, non -conforming or fail to conform to the
terms of this Agreement, upon written notification from the VILLAGE, the CONTRACTOR shall
immediately proceed to correct the work, re -perform Services which failed to satisfy the foregoing
standard of care and shall pay all costs and expenses associated with correcting said incorrect or defective
work, including any additional inspections, and installation and reimbursements to the VILLAGE for any
other services and expenses made necessary thereby, save and except any costs which the VILLAGE
would have otherwise paid absent the CONTRACTOR'S error or omission. The VILLAGE'S approval,
acceptance, use of or payment for all or any part of the CONTRACTOR'S services shall in no way alter
the CONTRACTOR'S obligations or VILLAGE'S rights hereunder.
20.3 CONTRACTOR agrees, within fourteen (14) calendar days of receipt of a written request
from the VILLAGE, to promptly remove and replace any personnel employed or retained by the
CONTRACTOR, any subcontractor or other persons employed or utilized by the CONTRACTOR in the
performance of this Agreement or any personnel of any such subcontractor or other persons employed or
utilized by the CONTRACTOR to provide and perform the Services or work pursuant to the requirements
of this Agreement, whom the VILLAGE shall request in writing to be removed, which request may be
made by the VILLAGE.
10
20.4 If CONTRACTOR allows any work to be performed knowing, or when with the exercise
of due care the CONTRACTOR should have known, it to be contrary to any such applicable laws,
ordinances, rules, regulations or restrictions and fails to give VILLAGE written notice thereof prior to
performance thereof, CONTRACTOR shall bear all costs, liabilities, and expenses arising therefrom,
which costs, liabilities and expenses shall not be considered a part of CONTRACTOR'S fees or any other
amounts due hereunder.
20.5 CONTRACTOR hereby represents and warrants that it has reviewed all necessary Project
documents, Specifications, and that this Agreement, when taken together, fully and accurately describe
the Services needed to complete the Project in accordance with the requisite standard of care, and that
CONTRACTOR is not aware of any additional work, labor or services that will be required to complete
the Project. CONTRACTOR warrants and represents that it has visited and inspected the Service Areas
and become familiar with and is satisfied as to the general and local conditions and site conditions that
may affect performance or progress of the Services, and the cost of the Services.
20.6 CONTRACTOR hereby represents and warrants that all Services shall comply with all
applicable federal, state and local laws, ordinances and building codes.
20.7 CONTRACTOR shall be responsible for promptly notifying the VILLAGE of any
damage to buildings or other structures, vehicles, or property or possessions, which occur as a result of
the Services and work performed by CONTRACTOR pursuant to this Agreement, or the improper or
negligent activities of the CONTRACTOR.
20.8 CONTRACTOR'S obligations under this Section 20 shall survive termination of this
Agreement.
SECTION 21. TAXES.
CONTRACTOR shall pay all taxes, levies, duties and assessments of every nature which may be
applicable to the Services under this Agreement. The pricing and any agreed variations thereof shall
include all taxes imposed by law at the time of this Agreement. CONTRACTOR shall make any and all
payroll deductions required by law. CONTRACTOR herein indemnifies and holds the VILLAGE
harmless from any liability on account of any and all such taxes, levies, duties and assessments.
SECTION 22. SAFETY.
CONTRACTOR shall be fully and solely responsible for safety and conducting all operations
under this Agreement at all times in such a manner as to avoid the risk of bodily harm to persons and
damage to property. CONTRACTOR shall continually and diligently inspect all Services, materials and
equipment to discover any conditions which might involve such risks and shall be solely responsible for
discovery and correction of any such conditions. CONTRACTOR shall have sole responsibility for
implementing its safety program. VILLAGE shall not be responsible for supervising the implementation
of CONTRACTOR'S safety program, and shall not have responsibility for the safety of
CONTRACTOR'S or its subcontractor's employees. CONTRACTOR shall maintain all portions of the
Project site and Services in a neat, clean and sanitary condition at all times. CONTRACTOR shall assure
that subcontractors performing Services comply with the foregoing safety requirements.
SECTION 23. CLEANING UP.
11
CONTRACTOR shall, at all times, at its expense, keep the Service Areas in a neat, clean and safe
condition. Upon completion of any portion of the Services, CONTRACTOR shall promptly remove all
of its equipment, construction materials, temporary structures and surplus materials not to be used at or
near the same location during later stages of the Services. Upon completion of the Services,
CONTRACTOR shall, at its expense, satisfactorily dispose of all rubbish, unused materials and other
equipment and materials belonging to it or used in the performance of the Services and CONTRACTOR
shall leave the Project site in a neat, clean and safe condition. In the event of CONTRACTOR'S failure
to comply with the foregoing, the same may be accomplished by the VILLAGE at CONTRACTOR' S
expense.
SECTION 24. NOTICES
Whenever either party desires to give notice to the other, it must be given by hand delivery or
written notice, sent by certified United States mail, with return receipt requested or a nationally
recognized private mail delivery service, addressed to the party for whom it is intended, at the place last
specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the
present, the parties designate the following as the respective places for giving of notice, to -wit:
FOR CONTRACTOR:
W.D Thompson Inc. D/B/A Beach Raker
220 N.E. 13th Street
Pompano Beach, Florida 33063
Phone: r) 5k 3Q6
Email: AC w& 1?id&b lrtg-tllc'K•C°Vn
Attn: zeo
FOR VILLAGE:
Village of Key Biscayne, Florida
Attn: John C. Gilbert, Village Manager
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone: (305) 365-5514
With a copy to:
Stephen J. Helfman, Esq.
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
Village Attorneys
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, FL 33134
Phone: (305) 854-0800
SECTION 25. TRUTH -IN -NEGOTIATION CERTIFICATE
Execution of this Agreement by CONTRACTOR shall act as the execution of a truth -in -
negotiation certificate stating that wage rates and other factual unit costs supporting the Payment of this
Agreement are accurate, complete, and current at the time of contracting. This Agreement's Payment and
12
any additions shall be adjusted to exclude any significant sums by which the VILLAGE determines the
Project's Payment was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual
unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement.
SECTION 26. CONSENT TO JURISDICTION
The parties submit to the jurisdiction of any Florida state or federal court in any action or
proceeding arising out of relating to this Agreement. Venue of any action to enforce this Agreement
shall be proper exclusively in Miami -Dade County, Florida.
SECTION 27. GOVERNING LAW
This Agreement shall be construed in accordance with and governed by the laws of the State of
Florida.
SECTION 28. HEADINGS
Headings are for convenience of reference only and shall not be considered in any interpretation
of this Agreement.
SECTION 29. EXHIBITS
Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The
Exhibits if not physically attached, should be treated as part of this Agreement, and are hereby
incorporated by reference.
SECTION 30. NO WAIVER OF BREACH
The failure of a party to insist on strict performance of any provision of this Agreement shall not
be construed to constitute a waiver of a breach of any other provision or of a subsequent breach of the
same provision.
SECTION 31. SEVERABILITY
If any provision of this Agreement or the application thereof to any person or situation shall to
any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such
provisions to persons or situations other than those as to which it shall have been held invalid or
unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced
to the fullest extent permitted by law.
SECTION 32. COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be deemed an
original and all such counterparts shall constitute one and the same instrument.
13
IN WITNESS WHEREOF, the parties hereby execute this Agreement on the date set forth
below their signature.
ATTEST
VILLAGE OF KEY BISCAYNE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
FOR THE USE AND RELIANCE OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, ONLY:
IN WITNESS WHEREOF, the parties hereby execute this Agreement on the date set forth
below their signature.
ATTEST:
CONTRACTOR:
W.D. THOMPSON, INC., a Florida corporation, D/B/A
Beach Raker
Name:
14
Date Executed: �"'l012')t'1
a2Ev�r (--1-43z"\lkcb2
EXHIBIT "A"
15
EXHIBIT "B"
(Proposal Costs - Revisions to Specifications)
Village of Key
Proposalfor Services
Biscayne
Beach Cleaning, Maintenance, and Beautification Services
Submitted by:
Raker
220 NE 13th Street, Pompano FL 33060
Telephone: 954-560-3906 Fax:
561-892-0344
www.beachraker.net
Confidential
W.D. Thompson Inc., d/b/a Beach Raker
16
licach
Raker
i �i r :i 1
June 11, 2014
Mr. Jud Kurlancheek
Building, Zoning, and Planning Director
Village of Key Biscayne
88 West McIntyre Street, Suite 250
Key Biscayne, FL 33149
Dear Jud,
WD Thompson Inc., d/b/a Beach Raker
220 NE 13th Street, Pompano F133060
Dade & Monroe: 954-560-3906
Broward & Palm Beach: 561-676-2184
Fax: 561-892-0344 www.beachraker.net
Thank you again for reaching out to us in regards to cleaning and maintaining the Village of Key Biscayne beach. Our
recommendations and proposed costs for the services we discussed are attached.
Jud, there have been many discussions since the original RFP was published June 20t", 2013 regarding the best
methodology, equipment and service level to meet the Village of Key Biscayne's needs. We have reviewed the Proposed
Agreement between the Village and Universal Beach Services and have noted some issues and concerns that we have in
particular with the Crandon Park Level 2 Specifications in our attached proposal.
We have confirmed with the Village, Coastal Systems International, and FDEP that the preferred cleaning methodology
for the Village is the usage of Kubota Tractors and Seaweed Rakes incorporating seaweed below the Mean High Water
Line (MHWL) as well as grooming these areas with our Barber SurfRake, rather than the "Caterpillar 615c or equivalent"
noted in the Village's revised specifications. We have also confirmed with the Village that permanent beach access will
be provided by the Village for our equipment by July 14', 2014, and a permanent equipment storage area will be provided
by the Village by August 1', 2014.
As for the Proposed Agreement between the Village and Beach Raker, we have expressed our concerns regarding the
contract language specifically regarding the Contractor's Termination clauses. We want to ensure that both parties, the
Village and Beach Raker, enter into a fair agreement that mutually benefits both parties.
Jud, we are working towards the June 25" start date and we feel very confident that you and Village will be satisfied with
our services. If you have any further questions for us regarding equipment, methodology, service or permitting, and/or
wish to meet in person to discuss the information enclosed, please don't hesitate to contact me.
Thank you again for the opportunity.
Respectfully,
Andrew Greener
General Manager
W.D. THOMPSON INC.
d/b/a BEACH RAKER
Cell: 561-676-2184
andrew@floridabeachraker.com
17
Beach.
Raker
1%CCU 1� : .r.�[ .ng i)4:ac1i '.ai)dt.ziIig.
Revised Proposal Costs for the Village of Key Biscayne 6/10/2014
Proposed Service:
One Operator- Five (5) days per week from November 1St to May 18th (29 Weeks)
Two Operators - Five (5) days per week from May 19th to October 31st (23 Weeks)
(Note: Turtle Nesting Season - May 1st to October 315t)
As permitted by FDEP, Contractor will incorporate the seaweed below the Mean High Water Line
(MWHL) and groom the beach area with the Barber Surf Rake and Cherrington Sifter as needed and
where we are permitted to clean by FDEP. As permitted and allowed by FDEP, Contractor will be
responsible for beach grading, erosion control, hazard management, tilling, and environmental
permitting as requested by the Village.
Equipment Located at Key Biscayne
M108 Kubota Tractor with seaweed rake and front mount.
M108 Kubota Tractor with seaweed rake and front mount.
600 HD Barber Surf Rake
ATV or Kubota RTV 9000
Equipment As Needed
Cherrington 740XL
Storage
Contractor will keep (2) Kubota Tractors and (1) Barber Surf Rake at the storage area provided by the
Village, year around, to ensure our ability to respond to emergency situations and demonstrate our level
of commitment to the Village. Tractor with front end and seaweed rake is 25 feet long by 9 feet wide.
Tractor with Barber Surf Rake is 35 feet long by 9 feet wide. ATV is 10 feet long and 5 feet wide.
Cost
$186,400 a year for the work described above.
Confidential
W.D. Thompson Inc., d/b/a Beach Raker
6/10/2014
18
Raker
itC:01:11 ^,a•ftfiltl,
Note 1: The proposal costs above DO NOT include the hauling and disposal costs for heavy storm
accumulations of seaweed that cannot be integrated below the tide line.
Note 2: The proposal costs above include the Contractor removing the man-made debris from the beach
and maintaining the thirty (30) waste receptacles on the beach and depositing the waste in a dumpster
provided by the Village. If the Village wishes for the Contractor to haul and dispose of the waste and man-
made debris, not including seaweed, the cost per year will be an additional $9,600.00.
Note 3: If the Village wishes to add an extra service day to the scope listed above, add $755 per day.
Note 4: The Village will provide an equipment storage area for (2) Tractors and (1) Barber Surf Rake
(dimensions listed above under Storage Section) with access to the beach and water line to wash off the
equipment. The Village has stated the permanent storage area is being finalized, and will be ready August
1st, 2014. According to FDEP, another field permit will be required if the storage area changes from the
Beach Club, and impacts the dune vegetation or the area seaward of the dune line. The Equipment Storage
area does not have to be on the beach, we have other clients that provide areas in close proximity to the
beach where the tractor and operator drive the road to the beach in the morning.
Note 5: The Village has agreed to provide the Contractor with access to the beach that will be ready July
14th, 2014. The Village has agreed that access will be adequate for a Fire Truck or Heavy Duty hauling
truck as far as width and structural integrity for access from the road to the beach. The Village agrees
this area is acceptable for the Contractor to access the beach with equipment as well as haul material
off the beach, if necessary, at the request of the Village.
Note 6: Seaweed and Mechanical Cleaning. FDEP has determined that the Contractor can integrate
seaweed below the Mean High Water Line (MHWL), year round, inside and outside of turtle nesting season:
We understand the Village has applied for permission to mechanically clean areas landward of the wrack
line, year round, including turtle nesting season. Until the Village receives approval from FWC and FDEP,
the Contractor will not be authorized to use heavy equipment in areas landward of the wrack line, during
turtle nesting season. The Contractor will hand-pick trash in these areas until approval is received. (We
can help in the permitting process if desired by the Village. In the past, we have successfully received
approval to mechanically clean areas landward of the wrack line, during turtle nesting season, for the
following municipal clients, the Town of Lauderdale by the Sea, the City of Pompano Beach, and the City of
Dania Beach. )
Note 7: Beach and Material Staging Area. We understand the Village is working with FDEP to designate
and determine a possible staging area above the wrack line for the storage of seaweed during extreme
storm events. Once the Village receives approval from FDEP and FWC, the Contractor will be authorized
to store or stage any material, including seaweed, east of the dune line and in the dunes, during turtle
Confidential
W.D. Thompson Inc., d/b/a Beach Raker
6/10/2014
19
Beach
Raker
licach'„lR1tt3mtig,
nesting season. Currently, the Contractor is not authorized to store material, including seaweed, on the beach
landward of the wrack line during turtle nesting season.
Note 8: Crandon Park - Level 2 Quality, Spec. 3) the specifications call for a Caterpillar 615c, or similar,
elevating scraper/motor grader to remove deposited seaweed and debris by scraping and removing the top
layer of beach sand (up to 2 inches). However, the Village has agreed the preferred methodology for cleaning
is to use the combination of a Barber Surf Rake and Tractor with front -mount and seaweed rake to integrate
the seaweed, and burry it, below the Mean High Water Line (MHWL), as this methodology does not remove
two (2) inches of beach sand.
Note 9: Crandon Park Quality — Level 2, Spec. 4) states Contractor shall make multiple passes using scraper
blade to leave a graded, well groomed surface. As FDEP stated, currently we are only permitted to clean at the
Mean High Water Line (MWHL).
Note 10: Crandon Park Quality — Level 2, Spec. 5) states no non -organic material may remain after daily beach
cleaning effort. In our experience, there will always be some non -organic material on the beach after cleaning
has finished as beach goers leave trash after we leave, and the tide brings in two (2) wrack lines each day of
trash. That being said, the Contractor will use its Barber Surf Rake and Cherrington Sifter to groom the beach
areas where we are permitted by FDEP to improve the quality of the beach.
Note 11: Crandon Park Quality — Level 2, Spec 8) level of compaction of cleaned beach sand shall be consistent
with upland dry beach. In our experience, the upper beach and lower beach will always be different as far as
compaction. The lower area experiences low and high tides, and has ocean water washing over it, and is
usually wet, while the upper beach is normally dry and sandy. Additionally as stated by FDEP, during turtle
nesting season, currently, the Contractor is not permitted to use its equipment above the wrack line, therefore
the areas the Contractor cleans versus the areas that are not cleaned may have different compaction as the
lower area will have heavy equipment driving and operating over it, and the upper will not.
Confidential
W.D. Thompson Inc., d/b/a Beach Raker
6/10/2014
EXHIBIT "C"
Additional Services and Costs
Beach
Raker
,c;icii ir,uliil�;, ifra<I� SAOitii.i(i
June 26, 2014
Village Of Key Biscayne -Beach Cleaning Agreement
Additional Services and Costs
1. Cleaning at Second Tide — Beach Raking and cleaning in the afternoon tide at the request of the
Village. Seaweed will be raked and buried below the MHWL (Mean High Water Line) as
permitted by FDEP.
$750 per cleaning.
2. Beach Sand Sifting — Removal of small objects from the upper portion of the beach using a
Cherrington Sand Sifter:
$250.00 per hour — Minimum 8 hours.
3. Walkway and Restricted Area Sand Sifting — Removal of small objects, rocks, shells, cigarette
ends, etc., from walkways, play areas, confined locations using a Barber Sandman:
$150.00 per hour — Minimum 8 hours.
4. GPS Monitoring Of Turtle Nest — Recording the location of Turtle Nests using a Sub Meter
GPS Device and providing reports and maps indicating nest location and reestablishing Turtle
Nests after severe storms, using the GPS data.
$7,500.00 per Turtle Nesting Season.
5. Removal Of Seaweed From The Beach To a Location Provided by The Village — As
approved by FDEP, collect excessive seaweed from the beach and truck it to a location on the
Key provided by the Village. This cost includes trucking and removal from beach, no tipping
fees, and is based on the premise the Village will provide a stockpile area on the Key.
$35.00 per Cu Yd.
6. Removal Of Seaweed From The Beach To a Location Provided by The Contractor — As
approved by FDEP, collect excessive seaweed from the beach and truck it to a location provided
by the Contractor.
$95.00 per Cu Yd.
+ $5,000 mobilization fee (one loader and two off -road trucks)
Confidential
W.D. Thompson Inc., d/b/a Beach Raker
6/10/2014
BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION SERVICES
CRITERIA AND TYPICAL CONDITIONS
Prearelfor:
VILLAGE OF KEY BISCAYNE
88 West McIntyre Street, Suite 210
Key Biscayne, FL 33149
By:
1) S 1 .t 1,
sir" Wifi-:IIR
COASTAL SYSTEMS INTERNATIONAL, INC.
464 South Dixie Highway • Coral Gables, Florida 33146
Teti (305) 661-3655 • Fax (305) 661-1914
TABLE OF CONTENTS
Page
Level 1 — Resort Quality Specifications ....... 1
Level 1 — Resort Quality Site Photographs . 2, 3
Level 2 — Crandon Park Quality Specifications 4
Level 2 — Crandon Park Quality Photographs 5, 6
Level 3 — Village of Key Biscayne (Conditions) Specifications 7
Level 3 — Village of Key Biscayne (Conditions) Site Photographs 8, 9
Village of Key Biscayne
Beach Cleaning, Maintenance, and Beautification Services
Level 1 - Resort Quality
1. Contractor shall on a daily basis (seven days per week) determine the appropriate
equipment to optimize organic and non -organic debris removal.
2. Contractor shall remove large debris (e.g. trash, rocks, wood, etc.), either manually or
mechanically, for disposal at an approved upland disposal site.
3. Contractor shall use mechanical equipment (i.e. Kubota 7040-SUD or similar tractor)
with trailing rake to remove deposited seaweed and debris by raking the top layer of
beach sand (less than 2 inches), for disposal at an approved upland disposal site.
Maximum depth of cleaning below existing grade shall be coordinated with
environmental permit conditions. Alternative equipment and methods can be utilized by
the Contractor to achieve similar results; however the removal of beach sand shall be
minimized.
4. After seaweed removal, Contractor shall utilize sand sifters (i.e., Cherrington Sand
Sifters, or similar) to further clean and separate debris from the cleaned beach upland of
the Mean High Water Line. Maximum depth of cleaning below existing grade shall be
coordinated with environmental permit conditions.
5. Contractor shall rake the cleaned beach to leave a graded, well groomed surface.
Equipment shall include a metal pipe to further groom and remove major tire tracks from
equipment.
6. Contractor shall utilize manual methods to remove remaining debris and use hand rakes
as necessary to enhance cleaned beach surface.
7. No non -organic material may remain after beach cleaning effort.
8. No seaweed shall remain exposed on the cleaned beach surface after beach cleaning
effort.
9. Color of cleaned beach sand shall be generally consistent with upland dry beach.
10. Level of compaction of cleaned beach sand shall be generally consistent with upland dry
beach.
11. All daily cleaning efforts shall be coordinated with the turtle monitoring permit holder
(Miami -Dade DERM) during turtle nesting season.
12. All operations shall comply with environmental permit conditions for mechanical beach
cleaning and the FWC criteria.
Note: See Page 2 for typical Level 1 conditions.
1
LEVEL 1 - RESORT QUAL
Photo 5: Sand Sifter Systems
Photo 7;
itch Rake SytitQm
Photo 8: Well -Graded Beach Ater Cleaning
Village of Key Biscayne
Beach Cleaning, Maintenance, and Beautification Services
Level 2 - Crandon Park Quality
1. Contractor shall on a daily basis (seven days per week) determine the appropriate
equipment to optimize organic and non -organic debris removal.
2. Contractor shall on a daily basis remove large debris (e.g. trash, rocks, wood, etc.),
either manually or mechanically for disposal at an approved upland disposal site.
3. Contractor shall use large mechanical equipment (i.e. Caterpillar 615c or similar
elevating scraper/motor grader) to remove deposited seaweed and debris by scraping
the top layer of beach sand (less than 2 inches), and temporarily store it in on board
hopper for disposal at an approved upland disposal site. Maximum depth of cleaning
below existing grade shall be coordinated with environmental permit conditions.
Alternative equipment and methods can be utilized by the Contractor to achieve similar
results; however the removal of beach sand shall be minimized.
4. After completion of seaweed removal with large mechanical equipment, Contractor shall
further clean beach with Barber surf rake, or similar equipment to remove remnant
seaweed and smaller pieces of debris. Contractor shall make multiple passes using
scraper blade to leave a graded, well groomed surface.
5. No non -organic material may remain after daily beach cleaning effort.
6. Minimal seaweed may remain exposed after daily beach cleaning effort.
7. Color of cleaned beach sand shall be consistent with upland dry beach.
8. Level of compaction of cleaned beach sand shall be consistent with upland dry beach.
9. All daily cleaning efforts shall be coordinated with the turtle monitoring permit holder
(Miami -Dade DERM) during turtle nesting season.
10. All operations shall comply with environmental permit conditions for mechanical beach
cleaning and the FWC criteria.
Note: See Page 5 for typical Level 2 conditions.
4
Photo 3: Pastor Grader • First Pass
ON PARK QUALITY
1'7 ic
# i _ ,7,4.
Photo 4: Upland Seaweed Handling Arca
LEVEL 2 - CRANDON PARK QUALITY
Photo 5: After Beach Cleaning - Overall
Photo 7: After Beach Cleatdng - Cloae•ulr
Photo 8: After Beach Cleaning - Cloae-up
t
Photo 6: Barber Surf Rake • Second Pass
Village of Key Biscayne
Beach Cleaning, Maintenance, and Beautification Services
Level 3 - Village of Key Biscayne Quality (Conditions)
1. Contractor shall determine the appropriate equipment to optimize organic and non -
organic debris removal.
2. Contractor shall on a daily basis (minimum, five days per week) remove large debris
(e.g. trash, rocks, wood, etc.), either manually or mechanically for disposal at an
approved upland disposal site.
3. Contractor shall use mechanical equipment (i.e. Kubota 7040-SUD or similar tractor)
with front end loader to excavate top layer of seaweed and temporarily place it at an
approved storage site for drying.
4. Contractor shall re -integrate dried seaweed by excavating below Mean High Water Line
and burying dried seaweed. Beach grade above excavation shall be consistent with
adjacent beach grade. No wet seaweed shall be buried.
5. Contractor shall rake the cleaned beach to leave a graded, well groomed surface.
6. No non -organic material shall remain after daily beach cleaning effort.
7. Minimal seaweed may remain exposed on the cleaned beach surface after daily beach
cleaning effort.
8. Color of cleaned beach sand may be darker due to re -integration, but shall be generally
consistent with upland dry beach.
9. Level of compaction of cleaned beach sand shall be generally consistent with upland dry
beach.
10. All daily cleaning efforts shall be coordinated with the turtle monitoring permit holder
(Miami -Dade DERM) during turtle nesting season.
11. All operations shall comply with environmental permit conditions for mechanical beach
cleaning and the FWC criteria.
Note: See Page 8 for typical Level 3 conditions.
7
LEVEL 3 - VILLAGE OF KEY BISCAYNE QUALITY
Photo 3: After Beach Cleaning - Overall
•
Photo 2: Meaning 0
Photo 4: Alter Beach Cleaning • Close-up
I MVEL 3 - VILLAGE OF
4.114
•
photo b: Attar Beach Cleaning - Close-up
Photo 7: Re.lntogratod Mound of Seaweed
Photo fit Universal Rake and Smoothing Plpe
s+rr.t
Photo 13; Drying Seaweed at Base of Dune