Okaloosa County BOCC — October 5, 2013 — Sandman bid — reading text

specified work period. 2. Servicing of any equipment shall be done outside of the sandy dune/beach areas. Equipment shall not be parked or stored on any County property. 3. ‘Access to the beach shall be through the authorized beach access ways (#2 and #5) provided for beach cleaning and emergency vehicle access or other routes as approved by the County. H. POSTPONED WORK SCHEDULE MAKE-UP 1. If inclement weather or any other unavoidable condition prevents the contractor from performing the work on a scheduled date, the contractor shall report such to the TDD official in charge. The contractor shall make up the corresponding number of work days postponed, in accordance with the directions given by the TDD official in charge. No additional compensation will be allowed for such extension or for corrective work undertaken, 2 All make-up work shall be by mutual agreement between the contractor and the TDD official in charge. as In the event any make-up work is impracticable and cannot be performed, the contractor will not be paid for any such non-performance or incomplete work. Payment for the work shall be pro-rated and the contractor shall be paid only for the days worked. I. LIQUIDATED DAMAGES It shall be mutually agreed and understood between the parties to the contract that time and strict adherence to the work requirements shall be the essence of the contract, and in case of failure on the part of the contractor to complete each cleaning within the time agreed upon and within the specified work requirements, the County will be damaged and the amount of said damages, being difficult, if not impossible, of definite ascertainment and proof, it is hereby agreed that the amount of such damages shall be estimated, agreed upon, liquidated and fixed at two hundred and fifty dollars ($250.00)) for each cleaning day for each infraction. The contractor hereby agrees to pay the County as liquidated damages in the above amount. Any of the following infractions shall result in the assessment of liquidated damages: 1. Failure of the contractor to notify the TDD official in charge that the work performance cannot be performed or competed on the regularly scheduled date. 2. Failure of the contractor to report for work on the regular and make-up work date after notifying the TDD official in charge that the work will be performed. 3. Failure of the contractor to provide the beach cleaning due to equipment failure. It is the contractor’s responsibility to provide equipment at his own expense to clean the beaches. 25 4. Failure to keep the beach clean of trash and other debris. 3s For any other violation of the contract requirements. 6. Exceptions: a. All beach cleaning services that cannot be performed due to Armed Forces maneuvers, tidal wave disaster, any act or causes of God for which is beyond the control of contractor. b. Collecting and disposing of unusually large amounts of seaweed from unusual flood tides, heavy tidal actions, marine turbulence, marine storm or other acts of God. Cc All exceptions shall be made up by mutual agreement between the contractor and the TDD official in charge as soon as practicable. The contractor shall not be paid for any work scheduled that is incomplete or not performed. 3. EROSION CONTROL, BEACH REPAIR AND HAZARD MANAGEMENT Any existing utilities and structures such as water lines, electric conduits, sewer lines, drinking fountains, buildings, etc., which may be damaged by the contractor’s equipment, employees, etc., shall be immediately repaired by the contractor within eight (8) hours after damage. If the repairs are not completed within the specified time, the TDD reserves the right to hire another contractor to make the necessary repairs and deduct the repair costs from the amount owed by the contractor, if any, or to invoice the contractor for such repairs. Erosion Control and Beach Repair Contractor must possess equipment capable of providing certain beach repairs and erosion control measures. The beach is, from time to time, in need of certain measures for erosion control and repair and, contractor agrees to provide the following services as allowable by local, State and Federal regulations: (1) Back filling of washouts, particularly at the foot of eroded stairs and/or entranceways. (2) Grading of excessive sand deposits. (3) Grading of escarpments to a more easily navigated slope. (4) Adding sand to and grading around lifeguard stations. (5) No mechanical raking in the dune or fore dune region without the prior consent of the County through the TDD. (6) The Contractor is responsible for obtaining any required permits for any of the above action. 26 Hazard Management Contractor agrees to provide such hazard management services as the County shall reasonably request; including, but not limited to, the removal of broken glass, the shoring of eroded and deteriorated walkways by moving fill into place around them, grading storm-cut escarpments and removing threatening debris. Contractor shall have equipment available to lift and remove the beach foreign material within acceptable levels agreed upon between the contractor and the TDD official in charge. Contractor agrees to be available for the performing of such services on an emergency basis and shall respond to the request by the County for the correction of such hazardous conditions as promptly as reasonably possible. K. CLEANING SCHEDULE Trash Pickup and Machine Cleaning Trash collection and machine cleaning scheduling is flexible with prior approval of the County. However, at no time shall containers be overflowing. Barring unavoidable delays, all trash containers shall be emptied by 9:00 a.m. on each scheduled day as follows: TRASH PICK-UP — Okaloosa Island and Destin Time Frame: October 1 -February 28 Three (3) days per week (Monday/Wednesday/Friday) Time Frame: March 1 — September 30 Seven (7) days per week MACHINE CLEANING — Okaloosa Island and Destin Time Frame: October 1 - February 28 Two (2) days per week (Monday/Friday) Time Frame: March 1 - April 30 Five (5) days per week (Monday, Tuesday, Wednesday, Friday, Saturday) Time Frame: May 1 - September 30 Six (6) days per week (Sunday, Monday, Tuesday, Thursday, Friday, Saturday) 27 TRASH PICKUP — NORRIEGO POINT Time Frame: October 1 - February 29 1 time per week Time Frame: March & April 3 times per week Time Frame: May 1° to September 31* 5 days per week (Sunday, Monday, Wednesday, Friday, Saturday) HAND CLEANING — NORRIEGO POINT Contractor shall provide utility vehicle and staffing to walk through the area removing trash. This service includes: 1 utility vehicle, 2 individuals (during summer) and disposal. Time Frame: October- February= 1 time per month Time Frame: March- September= 2 times per month MACHINE CLEANING — NORRIEGO POINT Time Frame: November ist- February 29" = none Time Frame: March ist- October 31st= 2 times per month L. ADDITIONS/DELETIONS Any addition or deletion to the cleaning and trash schedule noted above shall be based on the quoted daily rate and shall be agreed to by the parties in writing. M. TERMS AND CONDITIONS The contractor agrees that the services to be rendered shall be performed under the following conditions: 1. Compliance with Labor Laws- All applicable laws of Federal and State governments relating to workers compensation, unemployment compensation, payment of wages and safety will be fully complied with. 2s Bid prices- Include all applicable taxes. 3. The services to be furnished will be for the exclusive use of the TDC. 4. Compliance with Law- The contractor shall observe and comply with all laws, statutes, ordinances, and all rules and regulations of the United States, the State of Florida, the County of Okaloosa, or any department or agency. 28 Breach of Contract In the event of any breach of any of the terms and conditions of the contract, the County shall have, in addition to any other recourse, the right to terminate the contract without service of notice or resort to legal process and without any legal liability on its part and the right to require payment from the performance guarantee of all amount due to the County. Rights and Remedies of the County Notwithstanding any other provision herein, in the event the contractor fails, neglects, or refuses to perform the services as specified, the County reserves the right to either perform the work or purchase the service in the open market. Should the County perform the service or purchase the service in the open market, the County shall deduct any monies due or that may thereafter become —_—_due to the Contractor, the actual cost thereof, to the County. In case any money due the contractor is insufficient for said purpose, the contractor shall pay the difference upon demand by the County. Vehicles on Beaches and In Parks The contractor will need to receive permission from the County to have any vehicles or equipment on the beaches. The contractor will furnish a list of equipment and vehicles they will need to perform the work contracted to the TDC for their approval. Termination of Contract The contract may be terminated in its entirety upon thitty-{38) sixty (60) calendar days with prior written notice by either party to the other. In the event the contract is cancelled in its entirety at any time during the time of the contract, any loss of anticipated profits from such cancellation shall not constitute grounds for equitable adjustments under the contract. 10. 11. If at any time during the term of the contract should economic conditions warrant a decrease in the contract prices, the contract prices shall be adjusted accordingly. Payments Payments for any of the above work will be made to the contractor on a monthly basis for the proportionate percentage of that specific month’s work completed less liquidated damages, if any, upon submission of two (2) copies of invoices to the TDC official in charge; payment should be made within thirty (30) days after the TDC official in charge approves invoices provided, however, that final payment will not be made in any event without written consent of the sureties on the contractor's bond or until the County official in charge certifies that all obligation, terms and agreements of the contract have been met and completed. Escalation Clause**- If any escalation cost is to be considered, it shall be plainly stated in the bid as either a percentage figure and/or in a numerical order. Okaloosa County WILL NOT consider price increases over the annual Consumer Price Index. ** This item must be submitted with the bid package. 30 CONTRACT This agreement, in sextuple, executed in Crestview, Florida this day of 20 between the County of Okaloosa, Florida, the Owner, hereinafter called the Party of the First Part, and or its successors, executors, administrators and assigns, hereinafter called the Party of the Second Part. WITNESSETH: That for and in consideration of payments, hereinafter mentioned, to be made by the Party of the First Part, the Party of the Second Part agrees to furnish all equipment, machinery, tools and labor; to furnish and deliver all materials required to be furnished and delivered in and about the improvement and to do and perform all work involved with the Cleaning of Beaches as per Okaloosa County Bid # TDC per the iched_pricing in strict conformity with the provisions of this Contract, the Notice to Contractors, the Specifications and the Plans approved by the Owner. The said Plans, Specifications, the Notice to Contractors, and the Proposal are hereby made a part of this agreement as fully and to the same effect as if the same had been set forth at length in the body of this agreement. As security for the full and faithful performance of this contract and all the incidents thereto, the Party of the Second Part had made and furnished a Contract Bond with as Surety (as required per the bid package), which is