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Home My Public Portal About2021-53 Selecting Beach Raker, LLC for beach cleaning, maintenance and beautification servicesRE S O L U T IO N N O . 2 0 2 1-5 3 A RE S O L U T I O N O F T H E V IL L A G E C O U N C IL O F T H E V IL L A G E O F K E Y B IS C A Y N E , F L O R ID A , S E L E C T IN G B E A C H RA K E R , L L C F O R B E A C H C L E A N IN G , M A IN T E N A N C E , A N D B E A U T IF IC A T IO N S E R V IC E S P U R S U A N T T O RE Q U E S T F O R P R O P O S AL S N O . 2 0 2 1 -1 5 IN A N A M O U N T N O T T O E X C E E D $7 8 0 ,0 0 0 .0 0 A N N U A L L Y ; P R O V ID IN G F O R A U T H O R IZ A T IO N ; A N D P R O V ID I N G F O R A N E F F E C T IV E D A T E . W H E RE A S , on September 3, 2021, the Village of Key Biscayne ("Village") issued Request for Proposals No. 2021-15 ("RFP") for beach cleaning, maintenance, and beautification services (the "Services"); and WHEREAS, the Village received only one sealed proposal from Beach Raker, LLC (the "Contractor") by the October 13, 2021, RFP deadline; and WHEREAS, the Village Council desires to select Contractor to perform the Services and authorize the Village Manager to enter into an agreement with the Consultant for the Services in substantially the form attached hereto as Exhibit "A"; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Services. Section 3. Selection. That the Village Council hereby selects Contractor for the Authorization. That the Village Council hereby authorizes the Village Manager to negotiate and execute an agreement with the Contractor, in substantially the form attached hereto as Exhibit "A," in an am oun t not to exceed $780,000.00 ann ually, subject to the final approval of the Village Attorney as to form, content, an d legal sufficiency. Section 4. adoption. Effective Date. That thi s Resolution shall be effective imm ediately upon PASSED and ADOPTED this 16th day of __ ~N~o~ve=m=b~e=r , 2021. ATT EST: APPROVED AS TO FORM AND LEGAL SUFFICIE NCY: WE ISS SEROTA HELFMAN COLE & BIERM AN, P.L. VILLAGE ATT ORNE Y Page 2 of2 EXHIBIT A Scope of Serv ices T he req u ired Serv ices to be perform ed by the Contractor shall be to clean and maintain the entire length and width of the beach, generally east of the dunes, during the term of the Agreement on a basis of seven (7) days per week, 52 weeks per year, with overlapping stretches of beach to be cleaned and maintained each day. Contractor shall collect trash, rake, and haul an average of two (2) trucks per day year-round, and deep bury excess seaweed three (3) feet deep, sift/groom upper beach seven (7) days a week. The Village reserves the right, in its sole discretion, to add additional locations to be serviced, or delete or modify locations to be serviced. All work of this nature shall be conducted in accordance with Florida Department of Environm ental Protection ("FDEP") Perm its, and in accordance with FDEP Beach Cleaning Perm it Conditions. All work on the beach during marine turtle nesting season in this area of Miami-Dade County ("County") shall be coordinated with the County officials. Marine turtle nest monitoring in the Village is currently provided by the County Parks, Recreation, and Open Spaces Department. I. GENERAL In providing the Services, the Contractor shall be required to perform the following tasks and work: A. Debris, Trash Removal, and Recycling: The Contractor agrees to remove all trash, debris, and recycling that is deposited by the ocean, wind, or by patron usage. The Contractor shall empty and maintain all refuse and recycling containers (refuse categorized as garbage and trash; recycling includes all bottles, cans, and glass) on the beach for a minimum of seven (7) days per week, including Sundays. There is an approximate total of forty ( 40) refuse receptacles along the beach. The Contractor shall remove and dispose of all trash and debris by hauling to an approved location. The Contractor shall properly dispose of the collected refuse and pay any and all disposal fees associated therewith. Contents of the recycling containers shall be deposited in a collection bin located at an area determ ined and approved of by the Village. B. Special Events and Holidays: On July 5th of every year, the entire beach shall be cleared of debris no later than 10:00 a.m., as a result of July 4th activities. The same debris removal services shall apply to all similar major holidays and special events, with prior notice given to the Contractor. C. Seaweed Management: Seaweed deposited on the beach due to natural coastal processes is to be rak ed with approved equipment seven (7) times per week along the length of the entire beach (sandy, non-vegetated areas). Seaweed shall be deep buried (36 to 48-inches below grade) into beach zone below the Mean High Water (MHW ) line with approved equipment and methods, and capped with six (6) to twelve (12) inches of sand. This burial process generally consists of raking, digging a sufficiently deep pit to place the seaweed into, and covering the seaweed with sand. Seaweed must be buried deep enough so that it does not become exposed. Contract No. XX-XX Exhibit A: Scope of Services D . Excess S eaw eed and D ebris M anagem ent: In the event of extra ordinary am ounts of seaw eed that cann ot be m anaged effi ciently w ith the ra king and deep bur ial pro cess, the V illage, in consult ation w ith the C ontra ctor, m ay determ ine that seaw eed m anagem ent w ill require a special service ra king and tru ck hauling of the collected organic m aterial to an appro priate com m ercial disposal fa cility. C oastal pro cesses and coastal storm events m ay cause excessive deposits of seaw eed and debris on the beach. The C ontra ctor shall m obilize appro priate equipm ent and personn el to rem ove excess seaw eed and debris w ithout bur ial into the inter- tidal zon e. It is envision ed that tru ck hauling w ill be required five (5) m onths per year (typicall y June, July , A ugust, Septem ber, and O ctober). Excess seaw eed shall be suitably cl ean, devoid of any debris, litter, and/or other deleterious m aterials. Excess seaw eed shall be stockpiled at a pre-designated location, then loaded and tra nsport ed w ith the appro priate equipm ent to a com m ercial disposal fa cility. T he V ill age of K ey B iscayne m ay pro vide a nearby location to stockpile seaw eed collected fr om the beach, how ever the C ontra ctor m ust haul the seaw eed directly to a comm ercial disposal fa cility , should the V illage not have access to a nearby site. T he V ill age w ill coordinate directly w ith M iam i-D ade C ounty and instru ct the C ontra ctor on the location fo r placem ent. C ontra ctor shall be respon sible fo r all labor, equipm ent, hauling, and disposal fe es. M oreover, the C ontra ctor is required to have all the necessary m achinery and equipm ent available to perfo rm the Services. E . H azards M anagem ent: C ontra ctor shall have job specifi c and adequate equipm ent available to lift and rem ove fr om the beach all fo reign m aterial up to 1,500 pounds, as w ell as gra de areas of beach and m ove fi ll fr om place to place in effo rt to corr ect hazardous conditions that m ay develop fr om tim e to tim e. The C ontra ctor agrees to pro vide such hazard m anagem ent serv ices as the V ill age sh all reason ably request, by w ay of exam ple, incl uding the rem oval of bro ken glass, shoring ero ded and deteriora ted w alkw ays by m oving fill into place aro und them , and gra ding storm cut escarp m ents, etc. T he C ontra ctor agrees to be available fo r the perfo rm ing of such services on an em ergency basis and shall respond to the request by the V illage fo r the correction of such hazardous conditions as pro m ptly as reasonably possible. H ow ever, it being understood by the part ies, in the event the V illage shall recognize m inor hazards (such as bro ken glass bottles or debris of a natur e that can be rem oved by hand or other reasonably available personn el of the V illage) such rem oval w ill be accom plished by the V ill age im m ediately upon recognition of the hazard. F. E ro sion C ontro l: The C ontra ctor shall possess equipm ent capable of pro viding lim ited beach repair and ero sion contro l m easur es. The V illage, fr om tim e to tim e, requires cert ain m easures fo r ero sion contro l and beach repair, and accordingly, the C ontra ctor shall agree to pro vide the fo ll ow ing services: 1. B ackfilli n g of w ashouts, part icularl y at the fo ot of ero ded stairs and/or entry w ays, 11. G ra ding of excessive sand deposits, 11. G ra din g of escarpm ents to a m ore easily navigated slope as required by the V illage beach m aintenance enviro nm ental perm its. C ontra ct N o. XX -X X E xh ibit A : Scope of Serv ices T h e C o n t ra c t o r 's S e r v ic e s fo r e ro s io n c o n tro l a n d b e a c h r e p a ir a s p ro v id e d h e r e in a r e in te n d e d t o p ro m o t e v it a lity t o th e d u n e v e g e ta tio n , to b e tte r s u s ta in th e c o n to ur o f th e b e a c h a g a in s t fu rt h e r w a v e a c tio n , a n d t o m a x im iz e th e u s e a b le s an d y p o rt io n o f th e b e a c h fo r th e g e n e ra l r e c r e a t io n a l e nj o y m e n t a n d c o a s ta l p r e s e r v a tio n . S u c h m e a s u r e s s h a ll b e ta k e n b y th e C o n t ra c t o r t o e ffe c tiv e ly c o n t ro l, lim it, o r e lim in a te s a n d e ro s io n p ro b le m s o n a d ay -t o -d a y b a s i s . G . T i ll in g : T h e V i ll a g e h a s a b e a c h m a in te n a n c e p ro g ra m th a t in cl u d e s th e p e r io d ic r e - n o u r is hm e n t o f th e b e a c h . T h e e n v iro nm e n ta l permits for this maintenance program require tilling in the spring, immediately prior to marine turtle nesting season dependent upon survey results. The Village will conduct the survey and advise the Contractor with reasonable advanced notice should beach tilling be required. The Contractor shall mobilize the appropriate equipment and personnel to till the beach with approved equipment and methods to a depth of thirty-six (36) inches from just east of the dune line to the mean high-water line. H. Dune Vegetation Maintenance: Contractor will be required to retain the expertise, nursery contacts, and permits necessary to maintain the flora of the dune habitat. Contractor shall replace dune plantings as necessary where the dune face has been eroded and will survey the dune line along the length of the beach as to identify and remove any and all exotic plant species that are taking root twice each year. Removal of exotic plant species should take place from the erosion control line seaward and shall not include removal of exotic plants from private property. I. Environmental Permitting: Contractor shall process the annual mechanical beach cleaning permit on behalf of the Village. II. ACCESS The Village agrees to provide the Contractor with sufficient access to the Village's beach property at no cost and not to interfere with the performance of the Services herein contracted for, provided, however, that the Village may reasonably restrict the Contractor access to the beach for safety reasons or emergencies. Notwithstanding any other provisions of the Agreement to the contrary, the Village reserves the right to restrict the Contractor's beach cleaning operations on portions of the beach to comply with turtle protection ordinances, laws, and requirements as they may be imposed from time to time during the term of the Agreement. STORAGE OF EQUIPMENT AND LIST OF CURRENT EQUIPMENT The Village will provide a storage site on the Beach. Contractor shall provide to Village a list of all equipment to be used in connection with the Services and complete the attached List of Equipment Form. III. HOURS OF SERVICE The Contractor may begin work at 7 A.M. and work until 2 P.M. on each workday, with the exception of turtle nesting season during which the Village requires the Contractor to alter the schedule to follow the activities of the turtle monitors. If in the case of an extremely heavy accumulation of seaweed or debris where the Contractor finds it necessary to work past 2 P .M. or begin earlier than 7 A.M., approval must be obtained from the Village's Public Works Department. Contract No. XX-XX Exhibit A: Scope of Services Severe weather conditions, acts of God, and matters beyond the Contra ctor's reasonable contro l (such as lack of access to the barrier island due to bridge failures, etc.) are acceptable reasons fo r the Contra ctor failing to provide cleaning services on a scheduled day. For each day that the Contra ctor shall fail to provide service without an acceptable reason, there shall be a deduction in the compensation due to the Contractor in the amount of 1/10 of Contra ctor's monthly paym ent. Services shall be rendered by the Contra ctor on all holidays that fa ll in a regular scheduled workday other than July 4th and Decem ber 25th. IV. INQUIRIES The Contractor will supply an email address that is checked on a daily basis for the purpose of responding to complaints, concerns, or inquiries made by the Village regarding the Services set forth in this Agreement. The Contractor will address and provide timely responses to all inquiries. V. LICENSES The Contractor agrees to maintain all necessary licenses and permits required for the Contractor to provide the Services required herein, and the Village shall carry all permits required of it as the "Owner" to have the beach maintained. VI. DISPOSAL COSTS The Contractor agrees to provide disposal services at its expense for all debris, seaweed, and trash removed from the beach. Contract No. XX-XX Exhibit A: Scope of Services