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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-105Temp. Reso. # 11234 June 25, 2007 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007- 10,5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AWARD OF RFP NO. 07-27R TO BECK DISASTER RECOVERY, INC. FOR DISASTER DEBRIS MONITORING SERVICES; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH BECK DISASTER RECOVERY, INC. FOR DISASTER DEBRIS MONITORING SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; 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 Federal Emergency Management Agency (FEMA) emergency plan and debris removal contract requirements are met; 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 FEMA Public Assistance or Reimbursement funding; and WHEREAS, a disaster debris monitoring services agreement with a private sector Temp. Reso. # 11234 June 25, 2007 Page 2 service provider places a vast array of specialized equipment, personnel and material at the City's disposal in the event of a disaster; and WHEREAS, on May 27, 2007 the City published RFP No. 07-27R for disaster debris monitoring services, incorporated herein by reference and on file in the office of the City Clerk; and and WHEREAS, on June 18, 2007, the City received and opened three (3) submittals; WHEREAS, on June 21, 2007, the City, via an Evaluation Committee, reviewed and evaluated said responses per RFP No. 07-27R; and WHEREAS, the Evaluation Committee determined that BECK DISASTER RECOVERY, INC. best meets the needs and requirements of the City, a copy of the Evaluation Committee rankings is attached hereto as Exhibit 1"; and WHEREAS, the Director of Public Works and Purchasing/Contracts Manager recommend that the City execute agreements with BECK DISASTER RECOVERY, INC. for disaster debris monitoring services; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute an agreement with BECK DISASTER RECOVERY, INC. for disaster debris monitoring 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 Temp. Reso. # 11234 June 25, 2007 Page 3 upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute an agreement with BECK DISASTER RECOVERY, INC. for disaster debris monitoring services, hereto attached as Exhibit °2". SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. 1 Temp. Reso. # 11234 June 25, 2007 Page 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this I )h day of 2007. ATTEST: MARION SWE SON, C C CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. M�!/ Lr/i/. BETH • MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER J "Temporary Reso. No. 11234 — Exhibit 1 6/25/2007 Debris Removal Monitoring Services Initial Committee Evaluation Totals RFP #07 27R Proposer's Name: LLC Beck Disaster Beck Disaster Mitigation & ConstructionGroup, Recovery, Inc. no canrrn or imarezr LLC Atlheratl to the inatrvaiana Baas Pricing: $3,635,115.00 1 $2,060,440.00 $1,112,01q.00 QUALITY OF RESPONSE UP TO POINTS 10 PW Director 2 9 2 PW O erations M r. 4 9 3 x,..._: 'Huai : J .Cdrrt. M 7 10 Controller 5 10 5 g EiPERIENCE & KNOWLEDGE UP TO 20 POINTS PW DlreCtor 18 18 18 PW operations Mar 9 18 2 PW Bud . & Cont. Mgr. 10 20 5 5 Controller 20 20 ABILITY OF FIRM UP TO 20 POINTS PW Director 5 18 5 PW Operations M r, 10 18 10 PW Bud . & Cont. M r, 15 20 5 Controller 10 20 15 ABILITY TO RESPOND (UP TO 20 POINTS) 51 18 PW Operations Mgr, 10 18 1` PW Buda, & Cont. Mgr- 15 20 1 Controller 5 20 1. COSTS UP TO 10 POINTS PW Director 3.05 5.39 1i PW 0 erations Mar. 3.05 5.39 it PW oud . & Gont. M r. 3.05 5.39 1t Controller 3.05 5.39 1( PERFORMANCE ON SIM. CON. UP TO 20 POINTS PW Director 0 5 'W Operations M r. 0 ff2Q� r 'W Bud - & Cont. Ma. 10 0 5 .ontroller 0 15 0 TOTAL POINTS Controller 43.05 90.39 58 172.2 349.56 178 Average Score 43,05 87,39 44.5 TOTAL RANKING PW Director 3 1 2 PW 0 erations Mgr. 2 1 PW Buda. & Cont. M r. 2 1 3 Controller 3 3 1 z 3 1 2 of Tamarac_111111-1 Purchasing & Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND BECK DISASTER RECOVERY, INC. THIS AGREEMENT is made and entered into this J day of 20Llby and between the City of Tamarac, a municipal corpo ation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Beck Disaster Recovery, Inc., a Washington corporation, duly registered as a Florida Foreign Corporation, with principal offices located at 1001 Fourth Avenue, Suite 2500, Seattle, Washington 98154 (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. 07-27R, titled "Disaster Debris Monitoring Services", including all conditions therein, (including any General Terms and Conditions, Supplementary Conditions, Statement of Work or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Contractor dated June 13, 2007 and submitted on June14, 2007, specifications, bond(s), (if applicable), and insurance certificate(s), the City Resolution awarding the project, and all modifications issued after execution of this Agreement. These 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 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 one-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. 3) The Work 3.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 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 07- 27R, titled "Disaster Debris Monitoring Services". City of Tamarac _— Purchasing & Contracts Division ...- .................1.... ..-.._. ...........................� __ ....__,.._.......... - --- ._.... .—..................... p 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 07-27R, 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 07-27R, 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. 4) Insurance 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. Each insurance carrier shall provide the City with forty-five (45) days notice prior to cancellation. 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. 2 r City of Ta1.11111111-1­1marac Purchasing & Contracts Division 5) Schedule 5.1. Contractor shall provide for response time and mobilization consistent with Request for Proposal 07-27R, 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. 6) Contract Pricing The contract pricing for the work shall be based on actual quantities of work requested by the City, and shall be calculated based on the Unit Price Schedule for tasks as delineated in Exhibit A attached hereto. 7) Payments 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 VII, Chapter 218. 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 of Tamarac Purchasing & Contracts Division 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 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 shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, 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 shall agree to post in conspicuous places, available to 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 Sub -contractors, 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 of Tamarac Purchasing & Contracts Division with City, State, or United States policies, rules or regulations relating to the use of 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: CITY 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 Beck Disaster Recovery, Inc. 800 North Magnolia Ave., Suite 400 Orlando, FL 32803 Charles M McLendon, President (407) 803-5700 (407) 803-5701 fax cmclendon(cDbeckdr.com 13) Termination 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 e, of Tamarac Purchasing & Contracts Division 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 Not withstanding 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. 15) 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. 16) 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 6 of Tamarac Purchasing & Contracts Division Broward County, Florida. 17) 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. 18) 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. 19) 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. 18) 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. Remainder of Page Intentionally Blank of Tamarac Purchasing & Contracts Division ._1,._,,....—_.--...-..............._..�..._..........__—_...._r_ -Z---,,-"-..__.. � 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 President, duly authorized to execute same. ATTEST: Marion Swenso , CMC City Clerk ATTEST: (Corporais-6ecreta Jonathan F. Schaefer Corporate Secy. L R.4 RAI I, KO"rr, "Jeffreyr, City Manager Da e: BECK DISASTER RECOVERY, INC. Co pa e / Signature of President/Owner Charles M. McLendon President of Tamarac STATE OF CORPORATE ACKNOWLEDGEMENT If-. d� ¢� :SS COUNTY OF 0amCP" i 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 Charles M. McLendon, President of Beck Disaster Recovery, Inc. a Washington Corporation, duly registered as 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 of Florkck: Signa ure f N ary Public 'n`E,,',si°n DD527184 EApO,,;" 03/09/2010 State of Florida at Large Print, Type or Stamp Name of Notary Public Personally known to me or )06 Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 9 of Tamarac Purchasing & Contracts Division EXHIBIT A UNIT PRICE SCHEDULE DISASTER DEBRIS MONITORING SERVICES The hourly rates shall include all costs, all applicable overhead and profit (including lodging, meals, and transportation). POSITIONS HOURLY RATES Field Supervisor $ 65.00 Debris Site / Tower Monitors $ 50.00 Field Coordinators (Crew Monitors) $ 45.00 Project Manager $115.00 Operations Manager $ 80.00 FEMA Coordinator $115.00 Scheduler / Expeditors $ 69.00 GIS Analyst $ 65.00 Environmental Specialist $ 50.00 Project Inspector (Citizen Site Monitors) $ 47.00 Load Ticket Date Entry Clerks QA / QC $ 35.00 Billie / Invoice Analysts $ 35.00 Administrative Assistants $ 35.00 POSITIONS I HOURLY RATES Data Manager* Is 95.00 * Data Manager: oversees the entering, tabulating, and organization of collection and disposal data into FEMA-required formats. The Data Manager provides the City, debris contractors, and FEMA with regular updates on the quantities and types of debris collected. The Data Manager also designs and implements quality assurance and control processes for the review and verification of field and debris contractor -provided data in support of invoices. The Data Manager serves as the City's representative in meetings with representatives of the Debris Contractor(s), State of Florida, FEMA, or other state or federal agency speaking to data -related issues. City of Tamarac Travel and Subsistence Policy and Allowances: The City of Tamarac will not pay and/or reimburse any additional costs including, but not limited to, travel, mileage, lodging, meals, and other travel and subsistence expenses. Price submittals should be inclusive of all such expenses. Fro]