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Res No. 16-17UQW O Q�aWWHWQ wUQO� E" o H�O��cWU W � O H ~Hpq a UzoC) O WP-+���W pqHH Hwy W��H W o Q wW OU��oUxH W pq U � P�-+ Z U)N o O Cf)by U) N � w� � � o � :� � •� O ,� U p P U U cid O � 110 (4-4 d U Q o co u � °' C)o o V Q U U O U o O ca 4-4 o -V 4.4 1-4o u o W o U Lo o o H 4a4 4-4 u ti u 0 0 v U a 0 V d CO cabp 124 u P4 o ai oR Q U U a cd vi v' 'r o U) u W U Ow N -0 � 0U U o d Fri�" zR W U W W W W d o W W 41 4 big T M "3 (D p a'~ H ci cn U � u ti o +4 oc U N U° " Q� cd ,.Q Q cid w PH o 1� � ' 4_, O M ° U N O p U boo u o w u O -1 u ° (� o cVd �j bq l o U) V .O U U Uco �+ U (U C0 A LH o•H o �Q o O •o ° U o �~ ) A ° H o H U .n d u cd P-4 U cd O 0 cit � ^� U W boo 'T:J -1 w Md November 29, 2016 JoAnn Peart Universal Beach Service Corp. 107 NW 9th Street Delray Beach, FL 33444 E7FILE C VIA EMAIL AND U.S. MAIL Subj: Agreement for Beach Cleaning Maintenance and Beautification Services Ms. Peart; The current agreement for the above subject line between Universal Beach Service Corp. and City of Delray Beach will expire on December 31, 2016. According to City Ordinance 36.07 — Termination, Extension and Renewal, The City Manager may extend a City Commission approved contract for up to ninety (90) days. The City is requesting a sixty (60) day extension of the agreement through March 3, 2017. All other terms and conditions will remain the same Please provide your concurrence to this renewal request in the section below. Submit your response to my attention by December 2, 2016. If you have any questions, please contact me at dowdeflC@,myclelraybeach.com Since r (J - a'14 Ja'Anal Dowdell, Buyer Cc: Parks and Recreation Department We agree to the 60 day renewal of the above referenced agreement under the same terms and conditions Agree to the renewal ❑ Do not agree to the renewal (qomments: ,A -G/) Title date CITY OF DELRAY BEACH 100 NW 1St AVENUE, DELRAY BEACH, FL 33444 AMENDMENT NO. 2 TO SOLICITATION NO. 2013-12 AGREEMENT FOR BEACH CLEANING AND MAINTENANCE UNIVERSAL BEACH SERVICE CORP. CITY OF DELRAY BEACH AMENDMENT NO. 2 TO Beach Cleaning, Maintenance and Beautification Services THIS AMENDMENT NO. 2 to the Beach Cleaning, Maintenance and Beautification Services Agreement dated January 28, 2013, by and between City of Delray Beach, a municipal corporation of the State of Florida (City), and Universal Beach Services, Corp. (Contractor), is entered into this day of , 20_ WITNESSETH: WHEREAS, on January 28, 2013 the City entered into a three year agreement with Contractor for services; WHEREAS, in January 2016, the City exercised a one-year option to renew the Agreement through January 27, 2017. WHEREAS, in January 2017, the City Manager approved a sixty-day extension of the Agreement through March 3, 2017. WHEREAS, on March 30, 2017 City Commission approved a Best Interest Resolution to continue the Agreement for Beach Cleaning, Maintenance and Beautification Services RFP No. 2013-12) through March 3, 2018. WHEREAS, Second Party agrees to continue to provide services to City in accordance with the terms and conditions of the Agreement. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the parties do agree that the Agreement is amended as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This Amendment No. 2 extends the Agreement, under the same terms and conditions, for the period of March 4, 2017 through March 3, 2018 for an annual not -to -exceed amount of $79,000. 3. The following Public Records provision is hereby added and incorporated into the Agreement. 12. Public Records 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 CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1ST AVE., DELRAY City of Delray Beach 2 Beach Cleaning, Maintenance and Beautification Services Amendment No. 2 BEACH FLORIDA. THE CITY CLERK'S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT CITYCLERK(c-MYDELRAYBEACH.COM. a. Contractor shall comply with public records laws, specifically to: i. Keep and maintain public records required by the City to perform the service. ii.Upon request from the City's custodian of public records, 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 in Florida Statute or as otherwise provided by law. iii. 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 Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the City. iv. 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 to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. V. If the Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractors and lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 4. Except as provided herein, all other terms and conditions of the Agreement remain in full force and effect and are hereby ratified and confirmed. [Remainder of page intentionally left blank] City of Delray Beach 3 Beach Cleaning, Maintenance and Beautification Services Amendment No. 2 IN WITNESS WHEREOF, the City and <Second Party/Contractor/Consultant> hereto have set their hands and corporate seals on this day of , 20_ ATTEST: CITY OF DELRAY BEACH BY: Kimberly Wynn, Acting City Clerk Cary D. Glickstein, Mayor Approved as to form for legal sufficiency: R. Max Lohman, City Attorney CONTRACTOR Printed Name (SEAL) Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2017, by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification Notary Public — State of Florida City of Delray Beach 4 Beach Cleaning, Maintenance and Beautification Services Amendment No. 2 X Cr VIA EMAIL AND U.S. MAIL March 15, 2017 JoAnn Peart Universal Beach Service Corp. 107 NW 9th Street Delray Beach, FL 33444 Subj: Agreement for Beach Cleaning Maintenance and Beautification Services Ms. Peart; The current agreement for the above subject line between Universal Beach Service Corp. and City of Delray Beach expired on March 3, 2017. The City is requesting a one year extension of the agreement through March 3, 2018 at the quoted price of $79,000 per year. All other terms and conditions will remain the same. Please provide your concurrence to this extension request in the section below. Submit your response to my attention by Thursday, March 16, 2017. If you have any questions, please contact me at dowdell@mydelraybeach.com Sincerely, Ja'Anal Dowdell, Buyer Cc: Parks and Recreation Department We agree to the one year extension of the above referenced agreement under the same terms and c ditions at a fee of $79,000 per year. Agree to the renewal ❑ Do not agree to the renewal (Comments: nature ' v �v �` Title CITY OF DELRAY BEACH 100 NW Is* AVENUE, DELRAY BEACH, FL 33444 BID No. 2013-12 BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION SERVICES MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - NELSON S. McDUFFIE -THOMAS CARNEY -ADAM FRANKEL -ANGELETA GRAY -AL JACQUET -DAVID HARDEN Purchasing Division+Finance Department ♦(561) 243-7161 *Fax (561) 243-7166 CITY OF DELRAY BEACH INVITATION TO BID BID No. 2013-12 BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION SERVICES Table of Contents Invitation to Bid 1 General Conditions, Instructions and Information 2-5 Indemnity/Hold Harmless Agreement 6 Cone Of Silence 7 Insurance Requirements e Insurance Form Samples 9 Standard Form of Agreement 10-14 Corporate Achnowledgment 15 Certificate (If Corporation) 16 Specifications 17-25 Schedule of Pricing 26 Drug Free Workplace Certification 27 References 28 List of Vendor Equipment 29 Bid Signature Form 30 Chech List 31 Statement of No Bid 32 Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services CITY OF DELRAY BEACH PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243-716117163 Fax: (561) 243-7166 BID No: 2013-12 DATE: September 19, 2012 TITLE: Beach Cleaning, Maintenance and Beautification Services BIDS MUST BE RECEIVED ON OR BEFORE: Wednesday, October 17, 2012 @ 1:00 P.M. at which time bids will be publicly opened and read. This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for items) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID_ NUMBER, TITLE, AND DATE OF BID OPENING OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) UNBOUND ORIGINAL AND TWO {2) COPIES OF REQUIRED BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. Copies of the specifications may be downloaded from www.Dempnd.5tar.corn, phone (800) 711- 1712, or may be obtained in hard copy from the Purchasing Office, City Hall,100 N.W. Ist Avenue, Delray Beach, Florida, 33344. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. All service/work performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of the Purchasing Division, 100 N.W. 1St Avenue Delray Beach, Florida, 33444. Call or email Purchasing at 561-243-7161 or email nadalObmydelraybeacc.com, for information. "The City of Delray Beach, Florida reserves the right to accept and/or reject any and all proposals, to waive informalities, to re -advertise and to award the Contract in its best interest. Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities is estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes_ Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 5. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidders expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida state Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice to Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. See page eight (8) for Insurance Requirements. A "sample" certificate has been attached. 1s. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non -conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 18. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. 19. EXCEPTIONS TO CONDITIONS: Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, TWO (2) consecutive term(s) of ONE (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI -COLLUSION: Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 22. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches. 23. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 24. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 25. BID PROTEST: The time limit for filing a protest is five (5) calendar days from the date bid results become public information. A protest will only be considered to have merit if it can be proven that an action or lack of action, by the City gave a bidder an unfair competitive advantage. In order to be considered, protest concerning the bid, BID or RFQ solicitation or award must be filed in writing with the Purchasing Officer and may only be filed by the bidders who may be aggrieved the solicitation or award. Protest shall be addressed to: City of Delray Beach Purchasin,q Manager 100 NW 1, Avenue Delray Beach, FL 33444 Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services INDEMNITYIHOLD HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there -from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractor's NameuvTv SAL- & �_AC`R Signatu ,-0j5A t1!(, E (;OAP. Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 6 COME OF SILENCE Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding its bid, i.e., a "Cone of Silence". The "Cone of Silence" is in effect from the date/time that the bid is placed on "Demandstar" by the City. The "Cone of Silence" will terminate upon the bid opening. However, bidders may communicate with City, employees who are present at the mandatory pre-bid meeting during the actual pre-bid meeting. Once the pre-bid meeting is over, bidders may only communicate with employees of the Purchasing Division. Contractor's Name U V Er�L W(A 5ignatu 5unc-E cfjpp. Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non -Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services Attachment I, 1 of 3 a_CORA. CERTIFICATE OF LIABILITY INSURANCE THEPOIJ ANY RE0UIREMEN'T. TERM OR CDN'CITYON Of ANY CONTRACT OR OTHIat DOCUMENT WITH nESPECT TO WHICH THIS CERTIFICATE MAY @E ISSUM OR MAY PERTAIN, THE INSURANCE AFFORDED EY THE POLICIES I)ESCRIOED HEREIN IS SUBJECF TO ALLTHE Te"5, FXr.LIJSION5 AND CONDITIONS OF FUC;H pIT,IliutBx. Good lusurance, Inc. P.O. Box A-1 THIS CERTIFICATE 15 ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED ?RATTER OF INFORMATION UPON THE CERTIFICATE NPT AMEND. EXTEND OR BY THE POLICIES BELOW_ 1M)IiGY NUNiBLR Best City, USA 00000 INSURERSAFFORDINGCOVE PAGE NAIL# munku IMIURERA: mSkM:I: Willing Workers Assoc. INSURERC: ABC Drive I wrwm GLxa77ro4 Anytown, USA 00001 q WRVRF- KEU r Of tN3DRANC6 LISTED BELOW HAVE gEEN MUED74THF INSURrO NAMEDAB{WE1-OR THE POUCY PERIM INDICATEC.NOTWITHSTANDING THEPOIJ ANY RE0UIREMEN'T. TERM OR CDN'CITYON Of ANY CONTRACT OR OTHIat DOCUMENT WITH nESPECT TO WHICH THIS CERTIFICATE MAY @E ISSUM OR MAY PERTAIN, THE INSURANCE AFFORDED EY THE POLICIES I)ESCRIOED HEREIN IS SUBJECF TO ALLTHE Te"5, FXr.LIJSION5 AND CONDITIONS OF FUC;H p(YJCIES.AUGR€"'UULIMITS SHOWN MAYHAVFBEEN REQUOEI3 RY PAIDOLAIMS, RiEN a 1M)IiGY NUNiBLR PoiJGY @FFECTIV!"rym. OYEIO`I' TION L,N.,hz EACNOCURAEOCE S a a aaa 1; O1ICflAL WR1LlfY GLxa77ro4 al/O1/la a1/aI/I1 KEU r COMMERCIALGV-!-.. QJIMSNApE ❑,?aClGR E no--x+� ..-__ RaeOEIapWI,Y�els"N.._!'"�.. i _ ,'ERvpHAL.6 ACV,N.IURY S - GENERAL AGGNEGATE $ i , [,YTr rLAOCREGATFLIIIaT aaP,.EES PER'. PRdeuCTS.CONPfO?AGG 3 PQ,ICY PRu LOC AVTOMOWLELIAINUTY WM@9NEDSING:.Er..dA1T tE4eczdm9 i .300,000 A K A.MYAOIQ ALP077606 01/01/10 01/01/11 upoiLYIN.'JRT i ALLOWNEOAUTQ5 SC JYJLE0AUTOS jth+rpuie911) RCOILY aURY 9 rr,�n A,fTOS N1nNiYAa,EITAIIT'0$ llba ar.'WNpI 1YiOFCN1rY4AJAAOE 3 - -'� {F'oea�I�il GARA©ELUAMUTY - A,]TOg4LY-EA ACGpeNr # EA ACC S q, FNYALiTO AMOO MlTOflNLY AGO i EXrImSGUNMI!UAUA00..RY . - EACHOCCVRRENCES .... AGGREGATE 5 4CG,R Td,4RA�AVIOE i i VETIVCT101. s RET17NDON 3 WORKIMEtOMPEN"TIONA440 Y,Y. STATU• 1 1011"- 1I S ENPLOVEWUANV_tTY WLP077606 03/01J10 03101/11 E.LEA£sAccJIFNY � lao Qoa ANY c UDED2 E.1-o,sEA&E-rAEVPL0YFV s 100-000 L7� E.L,OI`EA%[•POLGLYa1M1T t 500 srECU,L 9VPSIONrti[rJmv DTHER D66('a„ VMNUFOPPRATLONBIL*COkTIONSGV"t=S IEXCLUSIONSADDED BYENgGRFEYEWTGP1QALPROVISION8 THIS INSURANCE APPLICABLE TO (state project) *CITY OF DELRAY BEACH IS ADDITIONAL INSURED — see attached endorsement. CEPMFICATE HOLDER CANCFLC ATIOH ,.� mw ANYOFiREABOVE OESCRIBEO AOLICga R@ CA.HCLL4EB DEFQREYHE ESPIRiYlOH p CITY OF DEsLP—h`l BEACH pATe ViEAWF. THE /SEUNQ WSVRER WRL. VfWAVOR TO TIAIL Ja DAYS WRII"[eN 100 :NW Ist AVENUF NMCETO THE CTAMCATe HOLDER K49FO-M TNM LEFT. PUT TAILVRETO OO Sp RI DELRAY BEACH, FL 33444 ZWUSE NO OBLIGATION OR LIABILITY OF ANY..,NB DpON Ti(E,N6,iNEI[ 018 AGENTS OR 9•M+:UKtATTVM MAH@I MREFREBEKTATWE ACORD 25 (3009106) Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services W AUIJKLI 4 VKYVKF\ 1 LUN Iy4q STANDARD FORM OF AGREEMENT BETWEEN CITY ,, ND CON�TRRACTOR THIS AGREEMENT made this day o -f s , 20(x,, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Invitation to Bid General Conditions, Instructions and Information Indemnity/Hold Harmless Agreement Cone of Silence Insurance Requirements Insurance form Samples Standard Form of Agreement Corporate Acknowledgment Certificate (If Corporation) Specifications Schedule of Pricing Drug Free Work Place Certification References List of Vendor Equipment Bid Signature Form Check List Statement of No Bid Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services PAGE NUMBERS 1 2-5 6 7 8 9 10-14 15 16 17-25 26 27 28 29 30 31 32 10 Addenda numbers to , inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: ��� r�-Q�► S 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. S. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents Bid No_ 2013-12 Beach Cleaning, Maintenance and Beautification Services 11 and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 12 provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid No. 201.3-12 Beach Cleaning, Maintenance and Beautification Services 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA Y _ City Clerk oz.s �=-, Mayo Approved as to form: City Attorney WITNESS: CON CTOR: (Print or type name and title) (Print or type name and title) (SEAL) Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 14 CORPORATE ACKNOWLEDGMENT STATE O F COUNTY of P1LkI t3ZA-r— The foregoing instrument was acknowledged before me this qday of —pk0Lk'k A. - ) 20 1 S , by - o Wtj k i &kv2- i (name of officer or agent, title of officer or agent), of U,j11&IsAti f2 C00- (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to m� (or has produced identification) and has used his/her (type of identification) as identification. z"'..' Q 4 Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printer! or Stamped ep'% PnwARD k ZLUW,.JR• My cO MMISSION 4 EES 52954 r� EXP MF juuary 20, 2016 .q `OF f'� F!. Notary DiNmut A500- CO - 1 -800 -3 -NOTARY Bid No. 2013-12 Beach Cleaning, Maintenance and Beautif cation Services 15 CERTIFICATE (If Corporation) STATE OF FLORIDA } } SS COUNTY OF ?At* I HEREBY CERTIFY that a meeting of the Board of Directors of Uawee im, Bc_S��yic Coate , a corporation under the laws of the State of fwR. (DA held on O-T'ose a (4 20 (2, the following resolution was duly passed and adopted: "RESOLVED", that JoAaa (eag PeAte , as _ __y�ce President of the corporation, helms is hereby authorized to execute the Agreement dated 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 16 day of BG'= a ileg- , 20 lZ e retary) (Seal) Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 16 CITY OF ■ELRAY BEACH SPECIFICATIONS Beach Cleaning, Maintenance and Beautification Services Annual Contract BID # 2013-12 A. GENERAL CONDITIONS: 1) Locations of the beach for the City of Delray Beach are as follows: Delray Beach Municipal Beach — approximately 1.25 miles and located approximately between George Bush Boulevard and Casuarina Road on east side of A.1.A. Atlantic Dunes Park Beach — approximately .25 miles located just north of Linton Boulevard on the east side of A. 1.A. 2) Required Services: The required services to be performed by the Contractor shall be to clean and maintain the entire length and width of the beach during the term of the Agreement on a basis of five (5) days per week, with overlapping stretches of beach being cleaned and maintained each day. More specifically, the Contractor shall be required to perform the following: A. Debris, Trash Removal and Recycling - The Contractor agrees to remove all trash, debris, and recycling that is deposited by ocean, wind or patron usage, The Contractor shall empty and maintain the refuse and recycling containers (refuse shall mean garbage and trash; recycling shall mean bottles, cans and glass) on the beach a minimum of 5 days per week, including Sundays. The remaining 4 days shall be adjusted so that no large accumulations are left unattended. B. Deposits - The Contractor shall remove and dispose of all trash and debris by transporting all to the County's existing transfer station. The contractor agrees that it shall properly dispose of the collected refuse and shall pay any and all disposal fees associated therewith. Contents of the recycling containers shall be deposited in a collection bin located at an area determined by the City. C. Special Events and Holidays - On July 5'h, every year, the entire beach will be cleared of debris by 10:00 a.m. as a result of the July 4 r, activities. Same will apply to similar major holidays and special events, with prior notice given to contractor. D. Seagrass Raking - Seagrass is to be raked five (5) times per week on the entire beach. In the event of extraordinary amounts of seagrass, City may determine it needs to be done daily. Seagrass may be buried for dune reconstruction when suitably clean; devoid of debris, litter, tar, etc. When seagrass is combined with items not suitable for reconstruction, it shall be removed from the beach and transported to County landfill. E. Storm Conditions and Beach Restoration Project Debris Removal F. Hazards Management — The Contractor shall have unique equipment available to lift and remove from the beach foreign material up to 1,500 pounds, to grade areas of beach and move fill from place to place in order to attempt to correct hazardous conditions that may develop from time to time. The Contractor agrees to provide such hazard management services as the City shall reasonably request with such services, by way of example, including the removal of broken glass, the shoring of eroded and deteriorated walkways by moving fill into place around them, grading storm cut escarpments, removing threatening debris and removing or recovering stairways and Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 17 rip -rap which were covered by sand pumping and became exposed by erosion. The Contractor agrees to be available for the performing of such services on an emergency basis and shall respond to the request by the City for the correction of such hazardous conditions as promptly as reasonably possible. It being understood by the parties, however, that in the event the City shall recognize minor hazards such as broken glass bottles or debris of a nature that can be removed by hand or either the lifeguards or other reasonably available personnel of the City, that such removal will be accomplished in that manner by the City immediately upon recognition of the hazard. G. Erosion Control: The Contractor shall possess certain equipment capable of providing limited beach repair and erosion control measure. The City is from time to time in need of certain measures for erosion control and beach repair and, accordingly, the Contractor agrees to provide the following services to the extent of the reasonable capability of the Contractor's equipment: 1) Backfilling of washouts, particularly at the foot of eroded stairs and/or entrance ways, 2) Grading of excessive sand deposits, 3) Grading of escarpments to a more easily navigated slope, 4) Adding sand to and grading around lifeguard stands. The Contractor's services as to erosion control and beach repair as provided herein are intended to promote vitality to the dune vegetation, to sustain the contour of the beach better against further wave action and to maximize the useable sandy portion of the beach for recreational enjoyment and coastal preservation in general. These measures are taken by the Contractor in attempt to effectively control, limit or eliminate sand erosion problems on a day to day basis. H. Landscaping: The Contractor will provide services for the maintenance of the foredune vegetation areas which will include the deposit of seaweed mulch in and around the foredune vegetation at the direction of the City and the careful hand raking of the foredune vegetation area in the event debris is deposited by storms from the ocean into that area. The Contractor shall be required to remove any equipment off the beach at the City's request that is in danger of being lost or destroyed by hurricanes, erosion, storm surges, etc. L Till_ ing: The entire beach will be filled twice a year, once during the month of November and once in February. The beach will be tilled to a depth of 36 inches from just east of the dune line to the mean high water line. 3) Term: This Contract shall commence on the first day upon notice to proceed for a term of three (3) years and shall be renewed for additional terms of two (2) consecutive terms of one (1) year each for the same terms and conditions herein unless terminated by either party in writing at least ninety (90) days prior to the expiration of each such term. 4) Access: The City agrees to provide the Contractor with free access to the City's beach property and not to interfere with the performance of the service herein Contracted for, provided, however, that the City may reasonably restrict the Contractor's access to the beach for safety reasons or emergencies. Notwithstanding any other provisions of the Agreement to the contrary, the City hereby reserves the right to restrict the Contractor's raking operations on portions of the beach to comply with turtle protection ordinance and law requirements as they may be imposed from time to time during the term of the Agreement. Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 18 5) Storage of Equipment and List of Current Equipment: The Contractor agrees to provide its own storage for its equipment. No equipment will be stored on the beach, City property, or City rights-of-way without the City's express advance consent. 6) Hours of Service: The Contractor may begin work at 5:30 A.M. and work until 10:30 A.M. on each work day with the exception of turtle nesting season during which the City may require the Contractor to alter the schedule to follow the activities of the turtle monitors. If in the case of an extremely heavy accumulation of debris and the Contractor finds it necessary to work past 10:30 A.M. or begin earlier than 5:30 A.M. approval must be obtained from the Director of Parks and Recreation. Severe weather conditions, acts of God, and matters beyond the Contractor's reasonable control (such as Jack of access to the barrier island due to bridge failures, etc.) are acceptable reasons for the Contractor failing to provide cleaning services on a scheduled day. For each day that the Contractor shall fail to provide service without an acceptable reason there shall be a deduction in the compensation due the Contractor in the amount of 1125th of the Contractor's monthly payment. Services shall be rendered by the Contractor on all holidays that fall on a regular scheduled work day other than December 25th. 7) Inquiries: The contractor will supply an e-mail address that is checked on a daily basis for the purpose of responding to complaints, concerns or inquiries made by the City of Delray Beach. The Contractor will provide timely responses to these inquiries. 8) Licenses: The Contractor agrees to maintain all necessary licenses and permits required for the Contractor to provide the service required herein and the City shall carry all permits required of it as the "Owner"to have the beach maintained. 9) Disposal Costs: The Contractor agrees to provide disposal services at its expense for all debris, seagrasses, and trash removed from the beach; however, in that the Contractor's disposal costs through the Solid Waste Authority sites are not within the Contractor's control, the City agrees to pay to the Contractor any increase in the disposal tipping fees or dump charges incurred by the Contractor in disposing the City's debris, seagrasses, and trash removed from the bench in excess of the amount incurred during the first year of the term of its Agreement. Likewise, in the event of a decrease in the tipping fee or disposal charges, the like amount shall be refunded to the City, The City shall have the right to review and audit all records kept by the Contractor with respect to such costs. 10) Venue: Any and all suits or causes of action brought under terms of this contract shall be brought in the courts of Palm Beach County, Florida. 11) Liability Insurance: The Contractor, during the term of this Agreement, agrees to at all times maintain public liability insurance relative to its business operations with limits of not less than $1,000,000 per accident combined single limit. The Contractor further agrees to indemnify, save and hold the City harmless from any and all damages to third parties resulting from the Contractor's performance of the service hereunder. In addition, the Contractor agrees to add the City as additional insured under said insurance policy. The above referred to liability insurance shall contain a provision requiring that notice be given to the City thirty (30) days prior to any cancellation. The Contractor, during the term of this Agreement, agrees to at all times maintain Motor Vehicle Liability Insurance covering death or bodily injury with limits of not less than $100,0001$300,000 for any one accident or disaster. Bid No, 2013-12 Beach Cleaning, Maintenance and Beautification Services 19 12) Workers C_ommnsation: The Contractor shall provide workers compensation insurance and show proof of this fact to the City. 13) Representative of City: The City hereby agrees to designate the City Manager as its representative for purposes of the administration of this Contract provided, however, that the City Manager may designate the Parks and Recreation Director to administer such of the City's responsibilities of this Contract. 14) Contractor's Liability for Damage: The Contractor agrees to indemnify, save and hold the City harmless for any and all damage caused to the City's property due to the actions of the Contractor; provided, however, that the City shall be obligated to notify the Contractor of all buried objects known to the City and locate them for the Contractor in order to allow the Contractor to reasonably avoid such objects. The parties hereby stipulate and agree that the existing communication system between the lifeguard stands on the public beach are not adequately buried to assure that they will not be damaged from time to time by the Contractor's equipment and, accordingly, the City assumes all responsibilities therefor_ 15) Termination: This Agreement may be terminated by the City upon the occurrence of any of the following: A. The filing for bankruptcy by the Contractors; B. The Contractor failure to perform its duties required pursuant to this Contract upon a determination by the City Commission; provided, however, that the Contractor shall be entitled to judicial review of such decision. 16) Assignability: This Agreement may not be assigned or transferred without the express prior written approval of the City. Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 20 QUESTIONNAIRE BID No. 2013-12 Each bidder is required to answer the following questions and to supply the following information and submit with their bid. All questions must be answered fully. Failure to fully and completely respond to all questions may result in rejection of the bid. A response of "not applicable" will not be considered a full or complete response. 1 Years of Experience: • List the number of years your company has been involved in contracting for public or private beach cleaning services: (Years) • List your number of employees and their years of experience in beach cleaning services: (# Employees) (Years) • List your association with your company, and how long it has been owned by the present owner: • Detail how your personnel will be utilized in this project. T4 2 What type of beach cleaning equipment do you utilize, including year, make and size of trucks/tractors, trailers, etc. and specific tasks of each vehicle. Indicate whether you own or lease the equipment: 3 Explain how you will transport recycling material to the designated collection area and how you will prevent it from being contaminated by non -recycling or regular trash. 4 Bid No_ 2013-12 Beach Cleaning, Maintenance and Beautification Services 21 Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 22 Provide the address where your equipment is stored and how many years at that address: 5 Explain your experience in hazard management (equipment, escarpments, debris, etc.): 6 Explain your experience in erosion control and beach repair and equipment you use: 7 Explain the steps you would take in regard to sea turtle nesting activities: 8 What experience do you have regarding environmental issue (i.e. turtle nesting, seagrass disposal)? Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 22 Bid No. 2013-12 Beach Gleaning, Maintenance and Beautification Services 23 9 Have you ever used any other name for your company than the one you have listed at this time? If so, please list the names and time period that you used them: 10 List all of the pending or outstanding lawsuits, judgments, arbitrations or any other action in which a claim has risen against your company or any of its officers, partners, or owners: 11 Specify any subcontractors you use. What are the qualifications of subcontractors? 12 Specify the licenses your company currently holds: 13 Specify all permits and approvals you possess to comply with Federal, state and local laws: Bid No. 2013-12 Beach Gleaning, Maintenance and Beautification Services 23 Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 24 14 List all your past and current contracts for the past five (5) years for beach cleaning, both public and private. Specifically, list locations, the owner's name, address and telephone number, the money vaue of the work, and a brief description of each project: 15 Has your business ever filed for bankruptcy? If so, please explain: 16 Submit a complete financial statement, completed and certified under oath by an appropriate owner or corporate officer (or, if available, with an audit report by an independent CPA, if already prepared), or the most recent two (2) years of the business tax returns. Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 24 B. EVALUATION: Evaluation of proposals received will be conducted by a committee of City Staff who shall evaluate all responsive applications received from applicants meeting or exceeding the contract specifications based upon the information and references contained in the applications. The committee shall also consider the inspection of the applicant's facilities; equipment, record keeping and employees. The committee will then make recommendations to the City Manager in the form of a list of proposed beach cleaning applicants. The City Manager shall then turn over his/her recommendations to the City Commission. The City Commission reserves the right, based upon its deliberations and its opinion, to award the contract agreement to any contractor. In the City Commission sole option, will be the best interest of the City. Evaluation method — proposals will be evaluated in accordance with the criteria listed below: a) Proposed yearly cost to the City of Delray Beach b) Experience, qualifications, and past performance of the Contractor, owners and officers, and persons who will be directly involved managing the service as described in this Request for Proposal Package. c) Equipment C. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. D. PERFORMANCE PROBATION PERIOD: The successful awardee will immediately enter into a sixty (60) day probationary period upon contract award. During this time the awardees' performance will be closely scrutinized by City staff. If the awardees' performance fails to consistently meet the standards specified within the bid, his contract will be promptly cancelled. If his performance is acceptable, then he will be also notified and the contract will extend through the expiration date given in this bid. The City has the right to terminate the contract during the probationary period with or without cause, and this right shall be solely at the discretion of the City. Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 25 Bidders Qualifications 1. Years of Experience Universal has been in the beach cleaning maintenance — beautification business since 1973, incorporated since 1976. Number of employees 5, with experience ranging from one year to 39 years. JoAnn Peart, who is the vice-president, co-founded the company in 1973. Clayton Peart has been managing the company and operations since 2002. Each personnel is qualified to operate any of the fleet of tractors, trucks and trailers listed below as well as being coached and experience in the beach cleaning activities that place on the beach. 2. Equipment The equipment utilized is owned by Universal. Four (2001-2007) New Holland 100 HP. Versatile tractors each equipped with a Universal rake and a 2 1/2 cu. Yd. bucket for handling debris. Three transport trailers. Five (2001-2008) Ford Dump Trucks the aluminum dump beds (3 are 14 cu. Yds, 1 is 10 cu. Yd. & 1 is 6 cu. Yrds.) One (2008) Bobcat Toolcat with custom large capacity bucket and custom beach rake_ 3.Recycling Recycling materials will be put in clear bags then placed in a separate section of vehicle to be taken to designated collection area. 4. Address of Equipment Storage 325 N.E. 3`a Alley, Delray Beach, Since 1992 5. Hazard Management Universal's equipment and expertise has handled, solved and corrected many various hazardous condition over the years. Universal is capable of and routinely adjusts escarpments and particularly those 5-7 feet tall that always form in the years following a renourishment project. The Florida Department of Environmental protection has called upon Universal to correct probably 20+ various conditions, emergencies, etc. over the past 12 years because they are familiar with Universal's unique capabilities in this regard. 6. Erosion Control and Beach Repair Universal's experience in erosion control and beach repair goes way beyond what any other company can provide. In 2012, we restructured and restored two beaches using natural resources for the City of Marathon in Monroe County. In 2010 - 2011, Universal added and spread 9,437 cubic yards of sand to two beaches in the city of Marathon. See enclosed letter, which details the project. In 2010 - 2011, we added sand on three separate occasions to The Breakers hotel in Palm Beach to restore access and repair erosion due to severe weather. In 2005-2006, Universal restored completely two hurricane damaged beaches for the City of Marathon. After restructuring the beach's profiles, 5200 cubic yards of new beach sand was spread throughout. In 2004, we did another project in Highland Beach with 3000 cubic yards of compatible beach sand to restore a 1500 foot eroded section there. In 2003, we built a dune system in Boca Raton, transporting 2500 cubic yards of sand to the site and forming up a dune berm. The equipment listed above was especially purchased to handle erosion problems in addition to their beach cleaning capabilities. 7. Turtle Nesting Throughout Turtle Nesting Season Universal and its staff is trained and experienced in following the state guidelines for turtle protection which primarily requires no mechanical raking within a 10 foot radius around the nest area. 8. Environment Universal's owner -president initially became involved in the environmental aspect of beach maintenance as a licensed permit holder issue by the Florida Department of Environmental Protection (then called the Bureau of Beaches and Shores) to monitor the turtle nesting activity in the city of Delray Beach during the summer of 1973 for the first beach renourishment. A second permit was issued again in 1978 and extended into 1979 for the second renourishment project here in Delray Beach. These experiences provided Universal with the insight required to understand turtle nesting activities. Additionally, Universal currently sponsors and provides the need for the licensed permit holder within the Towns of Gulfstream and Ocean Ridge. Universal has the capability to rake up, pick up, haul and dispose of any seaweed coming ashore that is contaminated or inextricably combined with pollutant of some sort. 9. No. 10. None. 11. None Required. 12. Palm Beach County Occupational City of Delray Beach Occupational 13. F.D.E.P. Permit for Mechanical Beach Cleaning 14. a) The Village of Key Biscayne Tony Brown, Public Works Director 88 W. McIntyre Street Key Biscayne, FL 33419 (786) 255-6765 b) The City of Marathon Debbie London, Community Services Coordinator 10045-55 Overseas Highway Marathon, FL 33050 (305) 289-4103 c) The Breakers Palm Beach Carmen Carbone, Director of Recreation One South County Road Pahn Beach, FL 334.80 (561) 3018193 d) The Boca Raton Resort Mr. Steve Gregware 501 E. Camino Real, P.O. Box 5025 Boca Raton, FL 33431 (561) 447-3017 e) Approximately 140 private condominiums, beach clubs, private homes, etc. locally 15. No. 16. See Enclosed. SCHEDULE OF PRICING Beach Cleaning, Maintenance and Beautification Services Annual Contract BID # 2013-12 U VTVE R5�L AO 'SOM-E CORP • PROPOSES TO PROVIDE THE SERVICES AS (NAME OF CONTRACTOR) DESCRIBED IN THE DETAILED SPECIFICATIONS OF THIS REQUEST FOR PROPOSAL 2013-12 FOR THE FOLLOWING PRICE: $ J 908 X 12 MONTHS = $ ✓ (f (MONTHLY COST) $ 9�Q Gj UI (TOTAL YEARLY COST) COMMENTS: Vendor Name: U1411r VE J l A (- Cwt Proposers may be selected for an interview prior to a recommendation being presented to the City Commission. As the best interest of the City may require, the right to reject any and all proposals or waive any minor irregularity or technicality in proposals received. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as being responsive. ADDITIONIDELETION OF ITEMS: The City of Delray Beach reserves the right to add or delete any item(s) from this bid or resulting contract when deemed to be in the best interest of the City. The awarded vendor will be requested to submit a quote on any new areas to be added to the contract. Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 27 PRYB FREE WORKPLACE CERTIFICATION Beach Cleaning, Maintenance and Beautification Services Annual Contract BID # 2013-12 If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. �1 Contractor's NarneU' vi<- 5�-A(4 Sig <sf-P,I%G F 600 jo Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 28 WORK REFERENCES Bid 2013-12 Beach Cleaning, Maintenance and Beautification Services Annual Contract "Please complete this page or attach your reference page to this sheet. AgencylCompany Address S E ELI City, State, Zi City, State, Zi Contact Person Contact Person Telephone Telephone Dates of Service Dates of Service Type of Service Type of Service Comments: Comments: A enc ICom an Address City, State, Zi Contact Person Telephone Dates of Service Type of Service Comments: A enc /Com an Address City, State, Zi Contact Person Telephone Dates of Service T e of Service Comments: Contractors Name: Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 29 a) The Village of Key Biscayne Tony Brown, Public Works Director 88 W. McIntyre Street Key Biscayne, FL 33419 (786) 255-6765 b) The City of Marathon Debbie London, Community Services Coordinator 10045-55 Overseas Highway Marathon, FL 33050 (305) 289-4103 c) The Breakers Palm. Beach Carmen Carbone, Director of Recreation One South County Road Palm Beach, FL 33480 (561) 3018193 d) The Boca Raton Resort Mr. Steve Cregware 501 E. Camino Real, P.O. Box 5025 Boca Raton, FL 33431 (561) 447-3017 THE ° AK PALNA BEACH TO WHOM IT MAY CONCERN John and JoAnn Peart of Universal Beach Services Corp have been providing beach cleaning services to the Breakers Hotel for the past 13 years. We depend on this service to be efficient reliable and invisible to our clients and this company certainly lives up to our expectations. in addition to quiet quality work on our beach they also share our concern for the environment and protection of coastal sea life. We highly recommend this company's services. Director of Materials Management December 23, 2010 561-653-6638 ONE SOUTH COUNTY ROAD I PALM BEACH, FLOP_rDA 33480 1 P (561) 655-6611 1 F (561) 659-8403 WWW.THEBREAKERS.COM CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050 Phone: (305) 743.0033 Fax: (305) 743-3667 March 17, 2011 John Peart Universal Beach. Services 107 N. W. 9' Street Delray Beach, Florida 33444 RE: Beach Drupe Restoration Project for City of Marathon Bureau of Beaches permits MO -a7 & MO -39 Dear Mr. P 4 0�' It is with pleasure I send this letter to you for the knowledgeable and professional project you completed for the City of Marathon at Sombrero Beach and CocoPlum Beaches. The projects were tune sensitive, highly regulated and had to be accomplished to accommodate the public. You met all these requirements effortlessly - Sombrero Beach has been restored to an even `,nave resistant gradual rise again with the dune height restored. It is very evident a craftsman has been at work placing the 4,993 cubic yards of Ortona sand specified by Bureau of Beaches. The sand was phenomenal for the beach and your coordination with the sand deliveries was right on target. CocoPlum Beach received 4,444 cubic yards of Ortona sand specified by Bureau of Beaches. A much wider expanse of beach allowed the dune restoration to migrate landward to counter adverse effects. The project with its wave resistant profile has certainly improved the storm resistance and stability of the shoreline. I would be pleased, at any time in the future, to be used as a reference for your excellent abilities. Of all the contactors I have dealt with in may ten years with the City of Marathon, you stand out as a true professional in your field. Sincerely, Susie Thomas_ Director Community Services Department LIS* OF EQUIPMENT Slid 2013-12 Beach Cleaning, Maintenance and Beautification Services Annual Contract EQUIPMENT DESCRIPTION In preparing the tabulation below, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, if necessary. a) ITEM: Description of equipment. b) USE: Description of what the equipment will be used for in the project. c) MANUFACTURER: Manufacturer of equipment and model number. d) AGE AND CONDITION: Original model year of equipment -- if equipment has been rebuilt, year of last overhaul. e) OWNER: Owner of equipment ITEM USE MANUFACTURER AGE AND CONDITION OWNER Tr) i C �' 3E V ✓,�__ �c7i✓t Pref- OeYA/'wD &-v eokk P41V J I -f C-0;0 Tv ti �'£2'1LFE% Gdw� 1 i1 z'_ " -uM TiLLCA.' T-i"I iC- `les "_0 0G►�rkn�y CclflT�nn 3K� - RA--rNe- VM, ✓C43/X- e-0 W,�p 0A:5 e' ►"'i->'�N C3j *Attach additional pages if needed Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 30 COMMERCIAL INLAND MARINE COVERAGE PART UPPLEMENTAL SCHEDULE Policy dumber: CPP 9509298 18 Membership Number: 145679 For PERILS COVERED see applicable form attached. ITEM LIMIT OF NO. INSURANCE DEDUCTIBLE 001 1,000 500 002 800 500 003 2,000 500 004 15,000 500 005 20,000 500 JOG 35, 000 500 007 45,000 500 008 8,000 500 009 25,000 500 010 6,290 500 FLORIDA FARM BUREAU GENERAL INSURANCE CO. 5700 S.W. 34th Street P.O. Box 147030 Gainesville, Florida 32614-7030 County# 5 0- 0 Agent# 26508 DESCRIPTION 92 CUSTOM TRAILER lYB271864NIElTO30 (IM -901) LINCOLN WELDER 200 AMP U1951011060 (IM -901) BELSCHE TRAILER (IM -901) 16JF02522XIC32491 01 NEW HOLLAND TV140 TRACTOR D205728 (IM -901) 02 NEW HOLLAND TV140 TRACTOR RVS020017 (IM -901) 06 NEW HOLLAND TV145 RVS023755 (IM -901) 07 NEW HOLLAND TRACTOR TV -145 RV5023809 (IM -901) 08 XP185W1R INGERSOLL RAND COMPRESSOR (IM -901) 392696UJR821 08 BOBCAT TURBO TOOLCAT 5600 (IM -901) AOW111176 09 YAMAHA ATV YFM35PGIYG 5Y4AH23Y79A003213 (IM -901) FFB IM 001 (Ed. 0393) W17 1411 2:19111M PALM HCH CTV FFARM BUREAU Na.? 9 r. Page: 4 of 5 Florida Farm Bureau Casually Insurance Company 5700 S.W. 39th Street Gainesville, Florida 32608-5300 POLICY DECLARATION ITEM THREE - SCHEDULE OF COVERED AUTOS YOU OWN Unit(a) Year Description Serial Number 015 2D01 FORD F350 3FTSw31FX1MA68Z18 016 2002 FORD DUMP 3FDXW75J12MAZ8392 017 2002 ANDERSON TRLR 4VNBN252-32CO1097D 018 2004 FORD F750 DUMP 3FRXW75S14V651959 019 2006 HUDSON TRAILER ICHHTD1C671000007 O20 2008 HUDSON HTD 10f[HTD1C58100DO02 021 2008 FORD F750 3FRXX75X88V079237 022 2010 CARGO TRAILER 4FPFBOB11AG143365 Stated Amount 6,000 premiums- SIC No WC Med Unins Deductible Total Unit(s) Liab PIP PIP Pay Mtrst Comp Call Comp Coll Premium 012 $293 $11 $304 013 $2799 $48 $18 $125 $94 $213 100 250 X53297 014 $1433 $27 $12 X125 $112 $301 100 250 $ZOlo 015 $1757 $84 $18 $125 $132 $377 100 250 $2493 016 $2799 $84 $18 4125 $1Z3 $439 100 250 $3588 017 $293 ,511 $4 $48 $110 100 250 $466 018 $2799 $84 $18 $125 $123 $439 100 250 $3588 019 $293 $11 $4 $55 1112 100 250 $475 020 $293 X511 $4 $68 $141 100 250 $317 021 $2799 $84 $10 $125 $156 $456 100 250 $3640 022 $293 $16 $4 ,537 $75 100 250 $425 ITEM FOUR - SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Liability Inst3rance - Rating Basis, Cost of Hire Estimated State Cost of Hire Premium tI, IF ANY $71 Total Premium 171 Cost of Hire Means the Total Amount You Incur for the Aire of "Avto9" You Do Not Own (Not Including "Autos" You Barrow or Rent from Your Partners or Employees or Their Family Members). Cost of hire Does Not Include Charges for Services Performed by Motor Carriers of Property or Passengers. ITEM FIVE - SCHEDULE FOR EMPLOYERS NON -OWNERSHIP LIABILITY Covered Autos Borrowed From Xouz Employees or Members of Their Households Rating Basis -Number of Employees Estimated Number Liability Of Employees Premium 1 $79 unit Loss Payee Unit Loss Payee 013 NEWCOURT FINANCIAL USA 014 FORD ROTOR CREDIT INSURANCE SERVICE CENTER 015 FORD MOTOR CREDIT INS SVC CTR 017 NEW HOLLAND CREDIT *** continued on next page *** CITY OF DELRAY BID SIGNATURE FORM Beach Cleaning, Maintenance and Beautification Services Annual Contract BID # 2013-12 PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this hid. Or M AL *Name of Bidder (Firm Name as Registered with their State of origin) Business Address: I � f °v v.) loy+k S� Street Address (P.O. Box Address is not permitted) DEWY bgka rL 3�14Lfq City, State, Zip Mailinq Address: A Check if Same as Business Address above Street Address Print Name and Title of Person Siqninq this Form Date Telephone 1 Fax No. � 019 Email Address of Authorized Signee:�o0mige-OAO t LG , ►I VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: TELEPHONE: f 1 EMAIL ADDRESS: Bid No. 201312 Beach Cleaning, Maintenance and Beautification Services 31 CITY OF DELRAY CHECK LIST Beach Cleaning, Maintenance and Beautification Services Annual Contract BID # 2013-12 K YES ❑ NO Check List Form YES ❑ NO Bid Signature Form O� YES ❑ NO Schedule of Pricing (checks for accuracy) ❑ YES R NO Addenda Acknowledgement (if any) 14 YES ❑ NO Indemnity/Hold Harmless Agreement E!(YES ❑ NO Cone of Silence R YES ❑ NO Proof of Insurance (including Worker's Comp & Auto) YES ❑ NO List of Equipment YES ❑ NO Drug Free Workplace Certification YES ❑ NO References ❑ YES iV NO List of Vendor Equipment Pt YES ❑ NO Business License ❑ YES NO Subcontractor Information ❑ YES NO Statement of No Bid — (if not responding to this request) Vendor Name: ll At `% Thank you for your interest in the City of Delray Beach CITY OF DELRAY STATEMENT OF NO BIO Bid No. 2013-12 Beach Cleaning, Maintenance and Beautification Services 32 Beach Cleaning, Maintenance and Beautification Services — Annual Contract BID # 2013-12 If you are not bidding on this service/commodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1St Avenue, Delray Beach, Florida 33444. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ( ) Black ( ) Hispanic ( ) Woman ( ) Other We, the undersigned have declined to bid on Bid No. 2013-12 due to the following reason(s): Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perforin Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) Remarks/Other: SIGNATURE: DATE Bid No, 2013-12 Beach Cleaning, Maintenance and Beautification Services 33