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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-035Temp. Reso. 12937 April 26, 2017 Page 1 of 4 CITY OF TAMARAC, FLORIDA e RESOLUTION NO. R-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AWARD OF RFP NO. 17-08R TO AND APPROVING AN AGREEMENT WITH TETRATECH, INC. FOR DISASTER DEBRIS MONITORING SERVICES; AUTHORIZING PROPER CITY OFFICIALS TO EXECUTE CONTRACT RENEWALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is vulnerable to a variety of natural disasters including hurricanes and tornadoes; and WHEREAS, the impact of a major disaster would exceed the ability of City emergency response resources; and WHEREAS, in the event of a major disaster supplemental resources would be required in order to rapidly restore the City to pre -disaster conditions; and WHEREAS, disaster debris monitoring following a debris generating event, such as a hurricane, is necessary to assure debris removal contractors operate in compliance with contracts and in accordance with state and federal reimbursement programs, including but not limited to FEMA, FHWA, and NCRS; and WHEREAS, independent disaster debris monitoring is a critical component in successful debris removal operations; and WHEREAS, disaster debris monitoring is essential to the justification and documentation of any application for state and federal reimbursement programs; and WHEREAS, a disaster debris monitoring services agreement with a private sector service provider places a vast array of specialized equipment, personnel and Temp. Reso. 12937 April 26, 2017 Page 2 of 4 material at the City's disposal in the event of a disaster; and WHEREAS, the City of Tamarac utilized a competitive procurement process in accordance with procedures established for this type of contract under the requirements of Title 2, Code of Federal Regulations Part 200.317 to 200.326, "Procurement Standards"; and WHEREAS, on January 26, 2017 the City published RFP No. 17-08R for Disaster Debris Monitoring Services, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, on February 23, 2017, the City received and opened one (1) submittal, and an Evaluation Committee, facilitated by the Purchasing and Contracts Manager and comprised of the Assistant Public Services Director, Assistant Director / Controller, Financial Services, Public Services Operations Manager, and Public Services Budget and Contracts Manager, reviewed and evaluated the submittal; and WHEREAS, the Evaluation Committee evaluated the submittal per RFP 17-08R and subsequently evaluated the submittal, a copy of the Evaluation Tabulation is hereto attached as Exhibit 1; and WHEREAS, based upon the Evaluation Scores the top ranked firm is Tetratech, Inc.; and WHEREAS, the Director of Public Services, Director of Financial Services and the Purchasing and Contracts Manager recommend the City of Tamarac execute an Agreement with Tetratech, Inc.; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute an Agreement with Tetratech, Inc. for Disaster Debris Monitoring Services. Temp. Reso. 12937 April 26, 2017 Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof, and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The City Commission HEREBY awards RFP No. 17-08R to Tetratech, Inc., and approves an Agreement between the City of Tamarac and Tetratech, Inc. ("The Agreement") and the appropriate City officials are hereby authorized to execute the Agreement, hereto attached as "Exhibit 2", to provide Disaster Debris Monitoring Services. SECTION 3: The appropriate City Officials are HEREBY authorized to extend or renew the Agreement with Tetratech, Inc. for Disaster Debris Monitoring Services. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. 12937 April 26, 2017 Page 4 of 4 SECTION 6- This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this° day of �'�� 2017. I-, I / HAR Y DRESSLER MAYOR ATTEST: t� PATRICIA TEUFEL, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER G DIST 1-. COMM. BOLTON DIST 2: COMM. GOMEZ --j DIST 3: COMM. FISHMAN DIST 4: VICE MAYOR PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM '�- SAMUEL S. GOREN ' CITY ATTORNEY G L TR 12937 - Exhibit 1 March DISASTER DEBRIS MONITORING SERVICES RFP 17-08R Committee Evaluation Totals NO uonTllCt of interest X Adhered to the Instructions X Cost (Price) $ 452,140.00 Data Manager X All Positions Cost X Quality of Response (M x 10 points) Asst. Director of Pub. Svcs/PW 9 Public Services/ PW Operations Manager 10 Public Services/ PW Budget & Contracts Manager 9 Financial Services Asst Dir/Controller 8 Exp. & Knowledge of Reln*burs I 6ment, rograms, Procedures & Guidelines (Max 20 points) Asst. Director of Pub. Svcs/PW 18 Public Services/ PW Operations Manager 18 Public Services/ PW Budget & Contracts Manager 19 Financial Services Asst Dir/Controller 20 Ability of the Firm to Provide qco plete Monitoring Services, (Max 20 points) Asst. Director of Pub. Svcs/PW 18 Public Services/ PW Operations Manager 18 Public Services/ PW Budget & Contracts Manager 18 Financial Services Asst Dir/Controller 18 Ability --R4006d jbAThn'61y"Minner Asst. Director of Pub. Svcs/PW with 16 Services (Max ,20,poin s Public Services/ PW Operations Manager 18 Public Services/ PW Budget & Contracts Manager 18 Financial Services Asst Dir/Controller 15 Cost (Price) (Max 10 points) Asst. Director of Pub. Svcs/PW 10 Public Services / PW Operations Manager 10 Public Services / PW Budget & Contracts Manager 10 Financial Services Asst Dir/Controller 10 Perforhiarli6e on Similar Recent Contracts (Max 20 points) Asst. Director of Pub. Svcs/PW 18 Public Services/ PW Operations Manager 18 Public Services/ PW Budget & Contracts Manager 18 Financial Services Asst Dir/Controller 20 I TOTAL POINTS Director tor Asst. Dir of Pub. Svcs/PW 89 Public Services / PW Operations Manager 92 Public Services / PW Budget & Contracts Manager 92 Financial Services Asst Dir/Controller 91 1 364 TOTAL RANKING Asst. Director of Pub. Svcs/PW 1 Public Services / PW Operations Manager Public Services / PW Budget & Contracts Manager Financial Services Asst Dir/Controller 1 TAMARAC City of TaInarac AGREEMENT Purchasing & Contracts Division DISASTER DEBRIS MONITORING SERVICES Request for Proposal No. 17-08R TETRATECH, INC. City of Tamarac Purchasing & Contracts Division 7525 NW 88th Avenue Room 108 (954) 597-3570 Tamarac, FL 33321 of Tamarac AGREEMENT Purchasing & Contracts Division BETWEEN THE CITY OF TAMARAC AND TETRATECH, INC. THIS AGREEMENT is made and entered into this day of 20 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and TetraTech, Inc., a Delaware corporation duly registered as a Florida Foreign Corporation with principal offices located at 3475 E. Foothill Boulevard, Pasadena, California 91107 (the "Contractor") to provide Disaster Debris Monitoring Services to the City of Tamarac, Florida. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement, Request for Proposal Document No. 17-08R, titled "Debris Monitoring Services" dated January 26, 2017, and including all conditions therein, (Instructions, General Terms and Conditions, Statement of Work, Scope of Services, Special Conditions and/or Special Provisions, Technical Specifications, Appendix 1 "Schedule of Unit Prices" (attached hereto), Exhibits A, B and C (attached hereto), drawings, all addenda, the Contractor's bid/proposal included herein dated February 2017, Contractor's Best and Final Offer dated March 27, 2017, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Request for Proposal No. 17-08R, "Debris Monitoring Services" dated January 26, 2017, as issued by the City, and the Contractor's Proposal dated February 2017 as amended by Contractor's Best and Final Offer dated March 27, 2017, Request for Proposal Document No. 17-08R, "Debris Monitoring Services" as issued by the City shall take precedence over the Contractor's Proposal dated February 2017 as amended by Contractor's Best and Final Offer dated March 27, 2017. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) Contract Term The successful contractor shall be awarded a contract for three (3) years with the option to renew the contract for two (2) additional three (3) year periods. Options for renewal will only be exercised upon mutual written agreement. Unit prices will remain firm for the first year and may be adjusted according to the Consumer Price Index (CPI) for each subsequent year. of Tamarac 3) The Work Purchasing & Contracts Division 3.1. The Contractor shall perform all work for the City required by the contract documents as set forth below as applicable to the services required under this Agreement: 3.1.1 Contractor shall furnish all labor, materials, and equipment necessary to provide, disaster debris monitoring services consistent with the Statement of Work included in Request for Proposal 17- 08R, titled "Disaster Debris Monitoring Services". 3.1.2 Contractor shall provide professional / consultation services in the area of disaster debris monitoring services as more specifically set forth in Request for Proposal 17-08R, titled "Disaster Debris Monitoring Services". 3.1.3 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 3.1.4 Contractor shall provide for response time and mobilization consistent with Request for Proposal 17-08R, titled "Disaster Debris Monitoring Services". 3.1.5 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or sub -contractors, if any, with respect to the work and services described herein. 3.1.6 Contractor shall follow all of the requirements of 2 C.F.R. §200.321 in the execution of this Contract, and shall require and enforce similar compliance with all sub -contractors for contracts awarded by non -Federal Entities under Federal Awards which are incorporated herein by reference as if enumerated herein in their entirety. 3.1.7 FHWA-ER Program and 2 CFR Part 200 Contract Requirements: 3.1.7.1 The City intends to seek reimbursement from FHWA for the eligible debris removal performed on federal aid roads. Consequently, the City mandates compliance from the successful Contractor regarding the following: 3.1.7.2 FHWA Form 1273, titled Standard Federal -aid Provisions. FHWA Form 1273 will be included in the final contract. of Tamarac Purchasing & Contracts Division 3.1.7.3 Buy America Requirements 3.1.7.4 49 CFR Part 26, Disadvantage Business Enterprise Program 3.1.7.5 American with Disabilities Act of 1990 (ADA) 3.1.7.6 Convict Labor Prohibition 3.1.7.7 All invoices must conform to the billing methodology specified in the contract. Failure to properly invoice will result in non-payment of invoices. 3.1.7.7.1 Disaster related purchases (those made with a special "disaster purchase order form" shall never be co - mingled with regular invoices. 3.1.7.7.2 All disaster invoices shall include the location where delivered or where used, if appropriate. 3.1.7.8 All contractor's project invoices will be audited prior to payment to ensure compliance with Federal documentation requirements: 3.1.7.8.1 Time cards. 3.1.7.8.2 Daily work reports for every employee, by each separate FEMA category of work 3.1.7.8.3 Daily equipment use, by each separate FEMA category of work. 3.1.7.8.4 List of all supplies and materials used, by each separate FEMA category of work. 3.1.7.8.5 Includes both prime and sub -contractors 3.1.7.9 All work must be properly grouped according to FEMA damage categories as specified in the contract. 3.1.7.10 FHWA-ER and 200 C.F.R. Program contract requirements are subject to any changes provided by FEMA or FHWA during the term of the contract. Based on the current guidance, FHWA will only reimburse the City for the initial collection, hauling and tipping fee, if applicable, of eligible debris. Debris reduction operations are not eligible for reimbursement unless the debris is being reduced as part of a rolling pickup operation. As a result, the FHWA-ER eligible debris that is collected during the first pass shall be hauled to the nearest Final Disposal Site unless otherwise directed by the City. 4 City of Tamarac TAMARACPurchasing & CootractsDivision 3.1.8 Contractor shall comply with any and all other Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3.1.9 MINORITY / WOMEN'S / LABOR SURPLUS FIRMS PARTICIPATION: The City of Tamarac, in accordance with the requirements as stated in C.F.R. 200.321 encourages the active participation of minority businesses, women's business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible. If subcontracts are to be let, through a prime contractor, that contractor is required to take the affirmative steps listed in items (1) through (5) below. (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 3.1.10 Time and Material Contracting (if required): As may be necessary under this Agreement, whenever separate Time and Materials contracts for any tasks not specified in this document are required, the following requirements shall apply: 3.1.10.1 Unless otherwise specified in writing, no Time and Materials contract shall exceed seventy (70) hours of work. Any work done beyond seventy (70) hours is at the Contractor's risk. 3.1.10.2 All Time and Materials contracts must have a not-to- City of Tamarac 4) 5) L•-3l Insurance Purchasing & Contracts Division exceed cost cap which the Contractor exceeds at their own risk. 3.1.10.3 All Time and Materials contracts are subject to ongoing monitoring by either City staff and/or an independent third party monitoring firm. 3.1.10.4 All Time and Materials contracts listing equipment shall include FEMA Equipment Rate Sheet four (4) digit codes as refe re n ce. 4.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 4.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. Schedule 5.1. Contractor shall provide for response time and mobilization consistent with Request for Proposal 17-08R, titled "Disaster Debris Monitoring Services". 5.2. Contractor will provide for continuous services for a period specified and mutually agreed to in a notice -to -proceed. 5.3. Should services be required for a longer time, Contractor shall prepare and submit a proposal for extension for City approval. Contract Pricing Pricing for this Agreement shall be in accordance with the schedule of unit prices attached hereto as Appendix 1. City of Tamarac 7) Payments Purchasing & Contracts Division 7.1 Payment will be made monthly for work that has been completed, approved, and properly invoiced. Invoices must bear the project name, project number, and purchase order number; and must include adequate supporting information to substantiate invoice. Invoices and supporting documentation shall be submitted within 30 days of occurrence. City has up to thirty (30) days to review, approve, and pay all invoices after receipt. All necessary Releases of Liens and Affidavits shall be processed before the warranty period begins. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VI I, Chapter 218. 7.2 In the event any portion of this scope of work is to be funded by State or Federal funds, the Contractor will comply with all requirements of the state or federal government applicable to the use of the funds. The City will only pay for those items deemed eligible by FEMA or FHWA, unless the City otherwise agrees in writing. 7.3 All debris monitoring invoices will be audited for compliance with Federal record keeping and documentation requirements prior to payment. 7.4 Payment shall be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter 218, and Florida Statues. 8) Indemnification 8.1. GENERAL INDEMNIFICATION: Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any sub -Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work; or c). liens, claims or actions made by the Contractor or any sub- contractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Contractor. 8.2. Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any City of Tamarac Purchasing & Contracts Division reason, the terms and conditions of this Article shall survive indefinitely. 8.3. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 8.4. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 9) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of of Tamarac 0 F I I I r I I Y IPurchasing & Contracts Division Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: lowrl City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR TetraTech, Inc. 2301 Lucien Way, Suite 120 Maitland, FL 32751 ATTN: Jonathan Burgiel, Vice President, Operations Manager With a copy to the following address: TetraTech, Inc. 2301 Lucien Way, Suite 120 Maitland, FL 32751 ATTN: Betty Kamara, Contract Administrator City of Tamarac Telephone Number: (321) 441-8518 Fax No.: (321) 441-8501 Betty. KamaraCi.)tetratech.com 13) Termination Purchasing & Contracts Division 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 14) Uncontrollable Forces 14.1 Notwithstanding the specific events for which services are to be provided under this Agreement, neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 10 of Tamarac 15) Change Orders Purchasing & Contracts Division 15.1 The City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. A written Amendment, Change Order or Work Change Directive shall authorize such additions, deletions or revisions. 15.2 All Change Orders which, individually or when cumulatively added to amounts authorized pursuant to prior Change Orders for this Project, increase the cost of the Work to the City or which extend the time for completion, must be formally authorized and approved by the appropriate City authority prior to their issuance and before Work may begin. 15.2.1 No claim against the City for extra Work in furtherance of a Change Order shall be allowed unless prior written City approval pursuant to this section has been obtained. 15.2.2 The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. 15.2.3 The Project Manager shall prepare Proposed Change Orders on forms provided by the City. When submitted for approval, they shall carry the signature of the Public Works Director, the City Manager, and the Contractor. 15.2.4 If the City and the Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract times that should be allowed as a result of a Work Change Directive, a claim may be made therefore. 15.2.5 The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented. 15.2.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice will be the Contractor's responsibility and the amount of each applicable bond shall be adjusted accordingly. 15.2.7 Any claim for adjustment in the Contract Price or time shall be based upon written notice delivered by the party making the claim to the other parties and to the Engineer/Project Manager not later than fifteen (15) calendar days after the occurrence or event giving rise to the claims 11 City of Tamarac 1 1 1 Purchasing & Contracts Division and stating the general nature of the claim. No claim for an adjustment in the Contract Price or an extension of the contract time will be valid if not submitted in accordance with this Paragraph. 15.2.8 The cost or credit to the City from a change in the Work shall be determined by one or more of the following ways: 15.2.8.1 By a Cost Analysis process to be performed on all change orders. The cost analysis for all change orders will include a separate determination of profit for each change order requested. 15.2.8.2 When only nominal quantities are to be changed, change order may be determined by existing unit prices stated in the Contract Documents or subsequently agreed upon. For substantive changes in quantities, Contractor shall be required to perform a cost analysis as required in the previous paragraph. 16) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 17) Venue 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 is fixed in Broward County, Florida. 18) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 19) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 12 of Tamarac Purchasing & Contracts Division 20) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 21) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 22) Records / Audits 22.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically the Contractor shall: 22.1.1 Upon completion of the project, the Contractor must retain and maintain all records pertaining to the services and the contract for these services and make them available to the City for a period of seven (7) years following receipt of final payment for the services referenced herein. In the event litigation ensues, then Contractor shall retain all records hereunder for a period of seven (7) years after conclusion of the litigation, including any and all appeals. Upon completion of this retention period, contractor shall, at no cost to the City, transfer 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 retention period, 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 retention period, 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. This requirement applies to the prime 13 of Tamarac Purchasing & Contracts Division contractor and all sub -contractor's project records. However, it is the responsibility of the prime contractor to provide all of the records, both for the prime contractor and sub -contractor's records. 22.1.2 Upon request from the City's custodian of public records, provide the public agency 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 this chapter or as otherwise provided by law. 22.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 22.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 23) PUBLIC RECORDS CUSTODIAN 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 CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 C ITYC LERKCa)-TAMARAC.ORG Remainder of Page Intentionally Blank 14 City of Tamarac Purchasing & Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Vice President/Operations Manager, duly authorized to execute same. �C' ATTEST. c^ ' Sr�P ' <c Pat Teufel, CMC ' >>�,i�►�`' City Clerk Dat ATTEST: See attached Corporate Certificate for Corporate Secretary Signature (Corporate Secretary) Janis B. Salin Type/Print Name of Corporate Secy (CORPORATE SEAL) C OF TAMARAC Harry ressler, Mayor Date: Approved as to form and legal sufficiency: ttorney TETRATECH, INC. Company Name Siahbture of Vic "President Operations Ma ger Jonathan Burgiel Vice President/Operations Manager April 10, 2017 Date � kjl TEChh pRPOR9t �2 Fa � * FEB 1Aua 15 7�- of Tamarac CORPORATE ACKNOWLEDGEMENT STATE OF Florida SS COUNTY OF Orange Purchasing & Contracts Division I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jonathan Burgiel, Vice President/Operations Manager, of TetraTech Inc., a Delaware Corporation duly registered as a Florida Foreign Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. day of KA*0 FaM NOTARY PUBLIC STATE OF FL OF�QA Cam# FF1�M Expires 11/18/2018 April10 2017 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑X Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. of Tamarac Purchasing & Contracts Division APPENDIX 1 SCHEDULE OF UNIT PRICES DISASTER DEBRIS MONITORING SERVICES The hourly rates shall include all costs, all applicable overhead and profit in accordance with Section C.2 of the Statement of Work of the original Request for Proposal Document. POSITIONS HOURLY RATES Field Supervisor $ 42.00 Debris Site / Tower Monitors $ 33.00 Field Coordinators Crew Monitors) $ 33.00 Project Manager $ 74.00 Operations Manager $ 55.00 FEMA Coordinator $ 85.00 Scheduler / Expeditors $ 36.00 GIS Analyst $ 45.00 Environmental Specialist $ 49.00 Project Inspector Citizen Site Monitors $ 25.00 Load Ticket Date Entry Clerks QA / QC $ No Cost Billing / Invoice Analysts $ 45.00 Administrative Assistants $ 32.00 Data Manager $ 49.00 17 of Tamarac TAMARAC ft.c"« L* ATTACHMENT A HURRICANE DEBRIS COLLECTION MAP k, Purchasing & Conti -acts Division ��li J�;yak Lu z I d ILI City of Tamarac ATTACHMENT B Electronic Monitoring Purchasing & Contracts Division The Contractor MAY exercise the option to utilize electronic debris monitoring. If chosen, the contractor must comply with the requirements included in "Attachment B"; in addition to all other requirements contained within this document. A. EQUIPMENT REQUIREMENTS 1. Data Storage Media — Debris Management data will be stored and transferred on encryption protected removable data storage media. All data media will be provided by the Contractor. Data must include a unique user ID which identified the user's role, limits the user's ability to collect or validate information, etc. and employs an anti -tampering mechanism. Contractor shall provide media to each person performing a debris mission role that results in data collection (i.e. drivers, ticket managers, etc.) 2. Handheld Units (HHU) — The Contractor will provide weather-proof and shock resistant handheld units (HHU) for recording debris management data in the field. These HHU devices will be capable of writing data to, and reading data from, the removable data storage media. HHUs shall have the capability to determine locations by GPS and the capability to write GPS coordinates to the removable media. The HHUs will perform two functions (1) Recording of initial load data information, and (2) verification of vehicle certification, and recording of debris type and quantity and (3) All filed units will be operated by stand-alone power sources which will allow the units to perform uninterrupted for a shift. a) HHUs capable of recording truck certification data onto driver removable media are used at the truck certification area. Truck certification records will include truck measurements, truck ID, Driver ID, and a digital photograph of the truck and trailers. b) HHUs capable of recording user ID information, including a unique user ID, digital photograph and any additional user information required for system operation. c) GPS — HHU units shall have integrated GPS capability. GPS reading (accuracy within 3 meters of the HHU) shall automatically be recorded without any additional manual effort each time the HHU unit records and retrieves information related to the debris mission. External GPS units shall have connectivity to the HHU and be rugged and durable. 3. Durable Printer — The Contractor shall provide a durable printer to print load tickets at the request of the City. Once the tower manager completes the load data entries the information shall be transmitted to the printer. The printer will print a minimum 2 (two) copies of the ticket. Two copies shall be given to the driver (one copy for the driver and the other for the prime contractor). The HHU should have program flexibility to alter the number of printed tickets. The 19 City of Tamarac Purchasing & Contracts Division printed ticket paper and print shall be of a quality that the print is not affected by harsh weather conditions and does not fade over time, nor smear or deteriorate due to moisture or UV rays. All field units will be operated by stand-alone power sources which will allow units to perform uninterrupted for a minimum of a shift. 4. Server(s) — The Contractor shall provide computer servers for the storage and maintenance of records. The data contained in the Contractor's database shall be placed on the internet for controlled use, and be password protected by the Contractor. Upon completion of the work, the contractor shall surrender the records to the City who shall maintain the official database and records on its government furnished secure server. Access to the City server is limited to "Official Use Only". The City server is provided and maintained by the City. 5. Back-up Equipment — In the event of equipment malfunction, loss or damage, the Contractor shall assure a sufficient supply of replacement equipment and personnel are available such that production is not affected. The back-up equipment shall be readily available on -site for rapid distribution. 6. GIS — GIS mapping shall be provided by the Contractor from the most current source(s) available. This information shall be used as a base map to visually illustrate work zones, ticket and tower personnel locations and activities, work progress, historically and/or environmentally sensitive areas, geospatial data and other mission informational needs from the data gathered by the HHUs. 7. Internet Accessible Database — The Contractor will establish a web -based database which is updated daily, if not real-time. The data shall be accessible, by permission only, to sub -contractors, local and state officials, and others on a "need -to -know" basis. Database access will be role -based and no direct access to the data tables shall be allowed, unless approved by the City. B. General Statement of Electronic Debris Monitoring System Parameters The system must utilize an encryption protected removable data storage device. The data storage device will store data collected in the field, such as fields from traditional debris paper tickets as well as truck certification information. The device must be capable of depicting images and other identifying data. Note: For purposes of this Agreement, any reference to a "smart card" shall be construed to allow for any type of electronic media to be utilized. 2. The system must have a database capable so storing all data collected in the field. The contractor shall provide the City a copy of the database with a matching structure at the completion of the work unless otherwise specified. 3. The system must include the capability to share database records with contractors, sub -contractors, the City, and others via the internet. Data contained in the system must be password protected, implement role -based access controls and must have viewing, printing and editing capabilities. Each 911 of Tamarac Purchasing & Contracts Division contractor, sub -contractor and customer must have permissions that allow only them to review and print information specific to their need. The system shall also have the capability to generate reports on all aspects of the debris mission. 4. The Contractor uses the HHU to initial the load data entry by entering the debris type in the HHU. The driver's media card will either be swiped or inserted into the HHU and the HHU will write the debris type, pick-up GPS location, address of the pick-up (if applicable), time, date, truck certification, and driver information, and the ticket manager's unique ID Code onto the removable media. Once the data is written to the media, the Ticket Manager will return the media to the driver. By this action, the Contractor verifies the debris meets FEMA and FHWA eligibility requirements. 5. HHUs are used at the debris verification area of disposal site(s) by tower manager. The vehicle driver presents the removable media, which was previously initiated by the field monitor, to the tower manger personnel located in the disposal site tower(s). The tower manger verifies the debris classification is appropriate (vegetative, C&D, mixed, etc.) and manually revises, if needed, quantity into the HHU. The HHU will automatically extract the information recorded earlier on the smart card and add the information to the tower manager's HHU including the date, time debris arrives, site ID, GPs readings, load quantity, and tower manger unique ID code. 6. All information regarding each debris load will be stored in the HHUs internal memory or on a separate, encryption enabled removable media device. The debris load information will be uploaded to the system City and Contractor databases. Once this information is recorded, the tower manager HHU will clear the removable media's data for the driver to re -use. 7. The media will retain the running total of the quantity and type of debris hauled by a particular vehicle. All debris load information with the tower manager HHU will be retained until upload to the database has been accomplished and confirmed by authorized personnel. Direct access to data on the HHU will be restricted to personnel specifically authorized to do so by the City. C. Functional Specifications and System Architecture Ticket/Tower Managers — Personnel Registration, Administration and Management: The System shall have the capability to manage user roles. The majority of the system users will be either ticket or tower managers. At a minimum, the system must have the following capabilities: • A means to create encryption protected electronic media with unique User ID, digital photograph, user roles and other identifying data • Electronic registration of ticket / tower monitor • Link designated ticket / tower personnel to a specific mission • The ability to edit ticket / tower personnel roles (i.e. create, update, and of Tamarac Purchasing & Contracts Division delete) • Store ticket / tower personnel contact information relative to the mission • Track and manage ticket / tower personnel role and status • Assign and track equipment assigned to the user • Reject invalid ticket / tower personnel credentials • Reject invalid certification credentials 2. Truck Certification: the system shall have the capability to record truck and trailer certification data. Truck certification is used to register authorized debris hauling vehicles and equipment. At a minimum, the following must be included: • A means of electronically registering authorized debris Contractor vehicles and equipment • Link electronic registration to digital images • Identify mission and respective City • Generate unique ID's for contractor vehicles and equipment • Utilize uniform measurements (e.g. feet and inches) • Capture vehicle volume • Utilize industry standard equations for all volume calculations • Capture drivers and certification team member unique identification number • A means to create encryption protected electronic driver removable media with unique Truck ID, digital photograph, truck and/or trailer measurements, vehicle volume, and other identifying data • Must depict image and other identifying data • Must contain counter area for total cubic yards hauled • Must employ anti -tampering mechanism • Capability to recertify vehicles • Recertified vehicles must be recorded in an audit table • Reject media which are not associated with current event and applicant • Capture vehicle audit records • Create a printed certification record • Administrative reporting capabilities 3. Right -of -Way (ROW) Debris Management: ROW Transaction data ROW transaction data must be captured, stored, validated, audited, reported, and transmitted to mission manager, haulers, and applicants. At a minimum, the application must exhibit the following characteristics: • Allow creation point of origin load data on encryption protected driver media when position is known and credentials have been authenticated • Capture date and time and other relevant point of origin data • Designate debris type • Designate debris location as Federal Aid or Non -Federal Aid • Designate first pass and subsequent passes • Write point of origin load data using encrypted storage algorithms 22 of Tamarac Pu musing & Contracts Division • Associate ticket/tower personnel credentials with point of origin load data • Acknowledge successful card writ via display status message • Provide user configurable time option for GPS audit • Detect current location using GPS and store data to secure memory location • Provide capability to add digital image if debris is other than vegetative or C&D 4. Debris Disposal Site Management: Completed ROW, and Per -unit point of origin transactions must be received at the approved disposal site. Transactions must be received at the approved disposal site. Transactions are not considered complete until they are processed through the receiving applications. At a minimum, the system must provide the capability to: • Accept site configuration data at the beginning of each work day • Dynamically configure receiving application based onsite configuration data • Display certification data and photo from driver smart card so that ticket/tower personnel can perform a field audit of truck/trailer to assure data matches certification and placard number • Accept loads where: • Mission and applicant are valid • Media authentication data is valid and unaltered • Media contains valid load data • Designate debris type • Record debris volume (based on unit of measure) • Receive volume or per unit loads • Identify original load data • Identify duplicate load data • Configure number of hard copies • Create load data record in internal storage • Create backup copy of internal storage • Prepare driver media for nest load • Increment driver smart card based on total CY counter value • Continuously calculate and present real-time disposal site statistics • Reprint load ticket data • Interface with durable outdoor printer • Preserve in its original state, then transmit daily transaction data • Associate ticket/tower personnel credentials with each receivable load 5. Field Administrative Functions: The system must have the capability to perform administrative duties in the field. Requirements include the capability to edit user roles, verify vehicle audit information, display real-time collection volumes, and review ticket/tower personnel GPS audit logs. At a minimum, the system must provide the capability to: of Tamarac Purchasing & Contracts Division • Change ticket/tower personnel identification badge roles and responsibilities • Review media total CY counter value • Audit vehicle certification data • Validate/invalidate smart cards • Reinitiate security sequence for ticket/tower personnel or media • In tabular format, display the results of ticket/tower GPS audit files by limiting access to the internet data or by the secure server. 6. Data Consolidation and Analysis/Report Generation: Transactional data must be summarized, validated, presented and audited to provide an overall status of mission performance. The system must facilitate billing, error reporting, performance tracking and graphical data preparation. At a minimum the Data Consolidation/Data Storage and Data: Analysis/Report Tools must provide capability to: • Accept transactional data sets from multiple debris location systems • Recognize multiple mission/applicant configurations • Grant access to authorized authenticated users or processes • Contain a master record of: o Roles and responsibilities o Ticket/tower personnel credentials and other data o Certification credentials and other data o Mission data o Applicant data o Geospatial data - Street centerlines - City outlines - Population and demographic - Elevation - Wetlands delineation - Historic and Environmentally sensitive areas - Debris and work zones - Land use - FEMA flood zones • Graphically depict o Load locations by contractor o Load locations by subcontractor o Load locations by driver o Load locations by ticket/tower personnel o Load locations by date range o Load locations by zone o Load locations by municipality o Load locations by applicant o Load locations by mission o Load locations by debris type 24 City of Tamarac Purchasing & Contracts Division o Load locations by disposal site o Load locations by Federal, State, and private roads o Load locations by land use • Thematic mapping techniques to distinguish different data by color and/or symbol • Identify data attributes for a single point of data • Select one or many points of data • Calculate operational efficiency statistics such as: o Trip turnaround time o Trip distance to disposal site (straight line projection sorted by 0-15 miles, 16-30 miles, 31-60 miles, and greater than 61 miles) o Average container fill percentage o Average tower manager load call o Load call trend data e.g., by tower manager, contractor, subcontractor, driver, etc. • Dynamically configure user interface in response to point data selection to limit user authorities • Multiple data selections general tabular data reports • Filter mechanisms to highlight geospatial data • Control data access using role based security • User interface and access to underlying system data must dynamically configured at run time through the presentation of appropriate user credentials • Manage data ownership • Provide access based on security role model • Identify and distribute "owned" transactional datasets to limit internet access to the website data to view only your data • Prevent distributed data from being reprocessed for billing purposes • Identify billing data sets based on parameters such as: o Time/Date o Contractor/Subcontractor o Debris type o Debris disposal method (haul -in, reduction, open burn, incineration, haul out, leave in place, etc.) o Haul distance • Route billing data sets via defined and customizable workflow rules • Approved billing data sets • Communicate general event status e.g.: o Total CY hauled (by debris type) o Total CY by disposal site o Total CY by contractor/subcontractor o Total CY by work zone/sector o Total CY by municipality o Total CY by Federal, state and private roads o Total CY by certified vehicle of Tamarac Purchasing & Contracts Division o Number of vehicles utilized o Number of ticket/tower personnel resources assigned • Manage user roles, responsibilities and passwords • Prevent modification to original data by unauthorized or unauthenticated users • Insert audit records into audit tables for all insertions, modifications, and deletions to original data 7. Field Architecture: The field based system must be characterized by the following general statements of direction with respect to construction, operability, supportability and security. At a minimum, the system must: • Require user authentication credentials • Display current version at application start-up • Synchronize with Greenwich Mean Time (GMT)for all date/time fields • System must utilize location specific configuration data to initiate a warm start sequence for global positioning system • System must remain in a ready state by default • Acknowledge successful card write via display status message • Create identification structures which utilize encryption technologies • Employ anti -tamper and anti -tearing methods and technologies • Where applicable, utilize 3 DES data encryption technologies to protect data • Perform validation and checksum (a running production total of cubic yards or appropriate payment capacity) stored on each debris vehicle's removable media) 8. Back -office Architecture: At a minimum, the back -office applications must be characterized by the following general statements of direction with respect to construction, operability, supportability and security. • Utilize relational database technology • Employ geospatial analysis tools for data visualization • Enable audit ability for: o Data insertion o Data modification o Data deletion • Prevent field and row level data deletion • All access to data must be controlled • Store certification and other identification data using encrypted relational technology • Reside in a secure internet environment • Preserve base transactional data in its original state prior to processing or consolidation with other data 26 of Tamarac Purchasing & Contracts Division 9. Initial Startup Procedure For Debris Removal: Debris missions are critical to emergency response and the Contractor should be adequately prepared to respond. 27