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City of Tamarac Resolution R-2006-192
Temp. Reso. # 11075 October 11, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006--L_9,2, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE CHANGE ORDER NUMBER 1 TO THE EMERGENCY PURCHASE ORDER WITH RW BECK, INC. FOR DISASTER RECOVERY SERVICES FOLLOWING HURRICANE WILMA; AUTHORIZING AN ADDITIONAL EXPENDITURE IN AN AMOUNT NOT TO EXCEED $65,000 FOR SAID PURPOSE; AUTHORIZING BUDGET AMENDMENTS FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 3, 2005, the City of Tamarac authorized an Emergency Purchase Order with RW Beck, Inc. for disaster debris monitoring services resulting from Hurricane Wilma utilizing Orange County Contract Y5-1000B, hereto attached as Exhibit 1; 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 is essential to the justification and documentation of any application for FEMA Public Assistance or Reimbursement funding; and WHEREAS, the magnitude of damage and debris resulting from Hurricane Wilma necessitated the use of a consultant to meet the City's monitoring needs; and WHEREAS, City of Tamarac Code §6-155 allows the Purchasing/Contracts Manager the authority to waive purchasing procedures to procure supplies, materials, Temp. Reso. # 11075 October 11, 2006 Page 2 equipment, and services which are subject to contracts with other governmental agencies when the best interest of the City would be served; and WHEREAS, Orange County Contract Y5-1000B, between Orange County, Florida and RW Beck, Inc. hereto attached as Exhibit 1, was found to be an advantageous route to pursue in this case; and WHEREAS, timely removal of debris generated from Hurricane Wilma was in the best interests of the City's citizens and residents; and WHEREAS, the actual costs associated with said debris monitoring services exceeded preliminary estimates, upon which the Emergency Purchase Order was based; and WHEREAS, delay or disruption of debris monitoring services would significantly delay restoration of City to pre -disaster conditions; and WHEREAS, Public Works staff reviewed the services provided by RW Beck, Inc. and have determined these services and subsequent charges to be acceptable and appropriate; and WHEREAS, the cost of these services exceed the Emergency Purchase Order, a change order not to exceed $65,000 is required, a copy of Change Order No. 1 is hereto attached as Exhibit 2; and WHEREAS, funding for this Change Order is available within the Hurricane Wilma Project Fund for debris monitoring services, a portion of the funds will be reimbursable by FEMA; and WHEREAS, the City Commission amended the FY 2006 Public Works Grant Fund to cover unanticipated costs as a direct result of Hurricane Wilma; and 1 u Temp. Reso. # 11075 October 11, 2006 Page 3 WHEREAS, the Director of Public Works and Purchase/Contracts Manager recommend the authorization of Change Order No. 1 to the RW Beck Emergency Purchase Order in an amount not to exceed $66,000; 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 approve Change Order No. 1 to the RW Beck Emergency Purchase Order and authorize an additional expenditure in an amount not to exceed $65,000 for said purpose 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. SECTION 2: The appropriate City Officials are HEREBY AUTHORIZED to execute Change Order No. 1 to the Emergency Purchase Order with RW Beck for debris monitoring services. SECTION 3: An additional expenditure in an amount not to exceed $65,000 for this purpose is HEREBY approved. SECTION 4: All budget amendments for proper accounting purposes are hereby authorized. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Temp. Reso. # 11075 October 11, 2006 Page 4 SECTION C: If any provision of this Resolution orthe application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or application, and to this end the provisions of this resolution are declared to be severable. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS _l 1-th day of 2006. ATTEST: w MARION SWEN ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. U RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO. DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER E 1 Temporary Reso. N o. 1107 5 — hxM bit CONTRACT Y5-1 OOOB This Contract is made as of the 11th day of JULY 2005 by and between Orange County, a Political Subdivision of the State of Florida, by and through its ]Board of County Commissioners, hereinafter referred to as the COUNTY, and R.W. BECK, INC., an corporation authorized to do business in the State of Florida, hereinafter referred to as the CONSULTANT, whose Federal I.D. #91-0883905. hi consideration of the mutual promises contained herein, the COUNTY and the CONSULTANT agree as follows: ARTICLE 1 - SERVICES The CONSULTANT'S responsibility under this Contract is to provide profes ;ionaVconsultation services in the area of Disaster Debris Monitoring Services, as more specifically set forth in the Scope of Services detailed in Exhibit "A". The COUNTY'S representative/liaison during the performance of this Contract shall be Mark Massaro, telephone no. (407) 836-7973. ARTICLE 2 - SCHEDULE Contract initial performance period shall be three (3) years form date of awird. This contract may be renewed, by mutual written agreement, for two (2) additional one (I) y:ar periods up to a cumulative total of five (5) years at the same prices, terms and conditions. An y change in price, terms or conditions shall be accomplished by written amendment to this contract. Reports and other items shall be delivered or completed in accordance with the detailed schedule set forth in Exhibit "A". Any order issued during the effective date of this contract, but not completed within that period, shall be completed by the CONSULTANT within, the time specified in the o-•der. An order is considered a Notice to Proceed or other. The contract shall govern the CONSJLTANT and the COUNTY'S rights and obligations with respect to the extent as if the order were completed during the contract's performance period. ARTICLE 3 - PAYMENTS TO CONSULTANT A. The Consultant shall be paid for services rendered and accepted in accordance with the hourly rates specified in Exhibit "B". The CONSULTANT will notify the COLrNTY, in writing, when 90% of the estimated amount for any order issued has been reached. The CONSULTANT will bill the COUNTY on a monthly basis, or as otherwise provided, at the amounts set forth in Exhibit `B for services rendered toward the completion of the Scope of Work. Where incremental billings for partially completed items are permitted, the total incremental billings shall not exceed the percentage of estimated completion as of the billing date. ecnpomi-y (eso. No. B. Invoices received from the CONSULTANT pursuant to this Contract will be reviewed and approved by the COUNTY, indicating that services have been rendered in conformity with the Contract, before submission to the Finance Department for payment. Invoices must reference this contract number. Invoices will be paid in accordance with tic State of Florida Prompt Payment Act. C. All requests for payment under this contract shall identify the positions, hourly rate, and the specific individual(s) for which the billing applies. The hourly rate shall include all costs, including overhead, and profit. No costs for travel and associated expense:. shall be incurred without the express written approval of the County. Costs for approved travel, per diem or mileage expenses shall be in strict accordance with Section 112.061, Florida Statute and Exhibit "C". No travel expenses, mileage, per diem, meals, rental car allowances and/or lodging shall be applicable to local residents. Local residents are those domiciled in orange, Seminole, Lake or Osceola Counties. D. Final Invoice: In order for both parties herein to close their book.. and records, the CONSULTANT will clearly state "Banal invoice" on the CONSULTANT'S :anal/last billing to the COUNTY. This certifies that all services have been properly performed and all charges and costs have been invoiced to Orange County. Since this account will be therwupon closed, any and other further charges if not properly included on this final invoice are waived by the CONSULTANT. ARTICLE 4 - TRUTH IN NEGOTIATION CERTIFICATE Signature of this Contract by the CONSULTANT shall act as the execution of the truth-m- negotiation certificate certifying that the wage rates and costs used i o determine the compensation provided for in this Contract are accurate, complete and curren: as of the date of the Contract and no higher than those charged the CONSULTANT'S most favored customer for the same or substantially similar service. The said rates and costs shall be adjusted to exclude any significant sums sho ild the COUNTY determine that the rates and costs were increased due to inaccurate, incomplete or non -current wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its right under this "Certificate" within one (1) year following final payment. ARTICLE 5 — TERMINATION A. Termination for Default: The COUNTY may, by written notice to the CONSULTANT, terminate. this contract for default in whole or in part (release orders, if applicable) if the CONSULTANT ilails to: 1. Provide products or services that comply with the specifications herein or fails to meet the COUNTY'S performance standards K emporary Reso. No, 1100 7 5 — x t i 2. Deliver the supplies or to perform the services within the time specifieI in this contract or any extension. Make progress so as to endanger performance of this contract 4. Perform any of the other provisions of this contract. Prior to termination for default, the COUNTY will provide adequate u7ritten notice to the CONSULTANT through the Manager, Purchasing and Contracts, affording him/her the opportunity to cure the deficiencies or to submit a specific plan to resolve the ieficiencies within ten (10) clays (or the period specified in the notice) after receipt of the notice. Failure to adequately cure the deficiency shall result in termination action. Such tentlination may also result in suspension or debarment of the CONSULTANT in accordance with the County's Procurement Ordinance. The CONSULTANT and its sureties (if any) steal be liable for any damage to the COUNTY resulting from the Consultant's default of the contract. This liability includes any increased costs incurred by the COUNTY in completing contract aerformance. In the event of termination by the COUNTY for any cause, the CCNSULTANT will have, in no event, any claim against ,the COUNTY for lost profits or compensation for lost opportunities. After a receipt of a Termination Notice and except as otherwise directed by the COUNTY the CONSULTANT shall: Stop work on the date and to the extent specified. A. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. B. Transfer all work in process, completed work, and other materials related to the terminated work as directed by the COUNTY. C. Continue and complete all parts of that work that have not been terminal ed. Neither CONSULTANT nor COUNTY shall be liable, nor may cance! this contract for default, when delays arise out of causes beyond the control of CONSULTANT or COUNTY. Such causes may include but are not restricted to acts of Cod, acts of COUNTY in sovereign capacity, fires, floods, lightning strikes, epidemics, quarantine restrictions, strikes, freight embargoes, wars, civil disturbances, work stoppage, power failures, 1, ws, regulations, ordinances, acts or orders of any governmental agency or official thereof, and unusually severe weather, In every case, the delay must he beyond the control of the claiming party. If CONSULTANT is delayed in its performance as a result of the above causes, COUNTY, shall upon written request of CONSULTANT, agree to equitably adjust the provision3 of this contract, including price and delivery, as may be affected by such delay. emporary eso. No. —Exhibit B. Termination for Convenience The COUNTY, by written notice, may terminate this contract, in whole or it part, when it is in the COUNTY'S interest. If this contract is terminated, the County shall be li;►ble only for goods or services delivered and accepted. The County Notice of Termination may provide the CONSULTANT thirty (30) days prior notice before it becomes effective. However, at the COUNTY'S sole option, a termination for convenience may be effective imnediately and may apply to release orders (if applicable) or to the contract in whole. ARTICLE 6 - PERSONNEL The CONSULTANT represents that it has, or will secure at its own expo nse, all necessary personnel required to perform the services under this Contract. Such per&)nne1 shall not be employees of or have any contractual relationship with the COUNTY. All of the services required herein under shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services shall be ful y qualified and, if required, authorized or permitted under state and local law to perform such serrices. Any changes or substitutions in the CONSULTANT'S key personnel, as may be listed in Exhibit "A", must be made known to the COUNTY'S representative and written approval must be granted by the COUNTY before said change or substitution can become effective. The CONSULTANT warrants that all services shall be performed by skillod and competent personnel to the highest professional standards in the field. The Consultant : hall remove from the contract any person the County deems, incompetent, careless or otherwise cbjectionable. ARTICLE 7 - SUBCONTRACTING The COUNTY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Contract. The CONSULTANT is encouraged to seek minority and women business enterprises for participation in subcontracting opportunities. If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new sub ,-ontractor by the COUNTY. ARTICLE 8 - FEDERAL AND STATE TAX The COUNTY is exempt from payment of Florida State Sales and Use Taxes The COUNTY will sign an exemption certificate submitted by the CONSULTANT. The COI` SULTANT shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the COUNTY, nor is the CONSULTANT authorized to use the COUNTY'S Tax Exemption Number in securing such materials. The CONSULTANT shall be responsible for payment of its own and its share of its employee FICA and Social Security benefits with respect to this Contract. 4 T amp rary ARTICLE 9 - AVAILABILITY OF FUNDS The COUNTY'S performance and obligation to pay under this Contract is contingent upon an annual appropriation for its purpose by the Board of County Commissioners or other specified funding source for this procurement. ARTICLE 10 - INSURANCE A. Before execution of the contract by the COUNTY and commencement of the operations and/or services to be provided, and during the duration of the contract, the CONSULTANT shall file with the COUNTY current certificates of all required insurance on form;; acceptable to the COUNTY, with the Certificate Holder listed as Orange County Board of County Commissioners, which shall include the following provisions: 1. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the COUNTY. 2. The Certificates shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. 3. No material change or cancellation of the insurance shall be effective vithout thirty (30) days prior written notice to the COUNTY. B. The CONSULTANT shall require and ensure that each of its subcontractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. C. Coverage's Required: 1. Workers' Compensation - The CONSULTANT shall provide coverage for its employees with statutory workers' compensation limits, and no less than $100.000. 30 for Employers' Liability. Said coverage shall include a waiver of subrogation in favor of the COUNTY and it's agents, employees and officials. 2. Commercial General Liability - The CONSULTANT shall provide coverage for all operations including, but not limited to Contractual, Products and Completed Operations, and Personal Injury. The limits shall be not less than $500,000.00, per occurrence, Combined Single Limits (CSL) or its equivalent. The General Agg-egate limit shall either apply separately to this CONTRACT or shall be at least twice the required occurrence limit. Business Automobile Liability - The CONSULTANT shall -provide coverage for all owned, non -owned and hired vehicles with limits of not less than 000,000.00, per occurrence, Combined Single Limits (CSL) or its equivalent. 5 emporary Reso. No. 110 7 5 — x x Professional Liability Errors & Omissions or Medical Malpractice, as vtalicable The vendor shall provide coverage for all claims arising out of the services performed with limits not less than $500,000.00, per claim. The aggregate limit shall either apply separately to this contract or shall be at least twice the required per claim limit. The COUNTY shall be specifically included as an additional insuaed on the general liability policy. D. All such insurance required of the CONSULTANT shall be pri nary to, and not contribute with, any insurance or self-insurance maintained by the COUNTY. E. Any exceptions to the insurance requirements in this section must be approved in writing by the COUNTY. F_ Compliance with these insurance requirements shall not relieve or limit the CONSULTANT'S liabilities and obligations under this contract. Failure of the COUNTY to demand such certificate or other evidence of full compliance with these insurance requirements or failure of the COUNTY to identify a deficiency from evidence provided wi 1 not be construed as a waiver of the CONSULTANT'S obligation to maintain such insurance. ARTICLE 11 - INDEMNIFICATION If there are any claims for damages attributable to the negligence, errors or omissions of the CONSULTANT, their agents or employees while providing the services callod for herein, it is understood and agreed the CONSULTANT shall indemnify and hold harml+-ss the COUNTY from any and all losses, costs, liability, damages and expenses arising out of such claims or litigation asserted as a result hereof. However, the CONSULTANT shall not be responsible for acts or omissions of the COUNTY, its agents or employees, or of third parties, which result in bodily injury to persons or property. Provided, however, if the contract between the County and the Contractor is t eemed by a court of competent jurisdiction to be a construction contract for purposes of Section 725.06, Florida Statutes, any obligation of the Contractor to defend, indemnify or hold harmless the County, shall be limited to an obligation to indemnify or hold harmless the County, its officers and employees from liability damages, losses, and costs, including but not limited to reasonable attorneys fees, to the extent caused by the negligence, recklessness or intensionally wrongful conduct of the contractor and persons employed or utilized by the Contractor in the performance of the contract. ARTICLE 12 - SUCCESSORS AND ASSIGNS The COUNTY and the CONSULTANT each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Contract and to the par ners, successors, executors, administrators and assigns of such other party, in respect to all .covenants of this Contract. Except as above, neither the COUNTY nor the CONSULTANT shall assign, sublet, convey or transfer its interest in this Contract without the written consent of th -, other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the COUNTY, which may be a party hereto, nor shall it be construed as giv ng any rights or benefits hereunder to anyone other than the COUNTY and the CONSULTANT_ ernporary Reso. No. — Exhibit ARTICLE 13 - REMEDIES This Contract shall be governed by the laws of the State of Florida.. Venue for any litigation involving this contract shall be the Circuit Court in and for Orange County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or at equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall pr dude any other or further exercise thereof. ARTICLE 14 - UNIFORM COMMERCIAL CODE The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the CONSULTANT and the COUNTY #)r any terms and conditions not specifically stated in this Contract. ARTICLE 15 - CONFLICT OF INTEREST The CONSULTANT represents that it presently has no interest and shall a,.quire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided for in Florida Statutes 112.311. The CONIL ULTANT further represents that no person having any interest shall be employed for said perforviance. The CONSULTANT shall promptly notify the COUNTY in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance, which may influence or appear to influence the CONSULTANT'S judgment or quality of services being provided hereunder. Such written notification ;hall identify the prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion of the COUNTY -.s to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the CONSULTANT. The COUNTY agre es to notify the CONSULTANT of its opinion by certified mail within thirty (30) days )f receipt of the notification by the CONSULTANT. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONSULTANT, the COUNTY shall so state in the notification and the CONSULTANT shall, at its option, enter into said association, interest or circumstance and it shall te deemed not in conflict of interest with respect to services provided to the COUNTY by the CONSULTANT under the terms of this Contract. ARTICLE 16 - EXCUSABLE DELAYS The CONSULTANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the CONSULTANT or its subcontractors and without their fault or negligence. Such causes include, buU re not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. 7 . e.-npo:&,y peso. ,o. v I5 — zx:i.�.� Upon the CONSULTANT'S request, the COUNTY shall consider the facts and extent of any failure to perform the work and, if the CONSULTANT'S failure to perform was without it or its subcontractor's fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the COUNTY'S right to change, terminate, or stop any or all work at any time. ARTICLE 17 - ARREARS The CONSULTANT shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of -indebtedness. The CONSULTANT further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Contract. ARTICLE 18 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS The CONSULTANT shall deliver to the COUNTY for approval and acceptance, and before being eligible for final payment or any amounts due, all documents and materials prepared by and for the COUNTY under this Contract. All oral and written information not in the public domain or not previous y known, and all information and data obtained, developed or supplied by the COUNTY, or at i :s expense, will be kept confidential by the CONSULTANT and will not be disclosed to any other party, directly or indirectly, without the COUNTY'S prior written consent unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed, or purchased, under this Contract for or at the COUNTY'S expense shall be and rernair the COUNTY'S property and may be reproduced at the discretion of the COUNTY. The COUNTY and the CONSULTANT shall comply with the provisions of Ch apter 119, Florida Statutes (Public Records Law). All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby. ARTICLE 19 - INDEPENDENT CONTRACTOR RELATIONSHIP The CONSULTANT is, and shall be, in the performance of all work services ar d activities under this Contract, an Independent Contractor, and not an employee, agent or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONSULTANT'S sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT'S relationship and the relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The CONSULTANT does not have the power or authority to bind the COUNT`.' in any promise, agreement or representation other than as specifically provided for in this Agreement. 8 Temporary Reso. No. - Exhibit T---" ARTICLE 20 - CONTINGENT FEES The CONSULTANT warrants that it has not employed or retrained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSC LTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. ARTICLE 21 - ACCESS AND AUDITS The CONSULTANT shall maintain. adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion of the contract. The COUNTY shall have access to all records, documents and information collected and/or maintained by others in the course of the administration of the contract This information shall be made accessible at the CONSULTANT'S local place of businei s to the County, including the Comptroller's Office and/or its designees, for purposes of inspection, reproduction and audit without restriction. If records are unavailable locally, it shall be the CONSULTANT'S responsibility to insure that all required records are provided to thv, County at the CONSULTANT'S expense. TMorary Storage of Documents — Provide storage of daily or disaster -related documents and Reports,- for protection during the disaster event. ARTICLE 22 - NONDISCRIMINATION The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, physical handicap, sey, age or national origin. ARTICLE 23 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the CONSULTANT agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, deleted, modified, superseded or otherwise altered, except by written instrumelit executed by the parties hereto. ARTICLE 24 - ENFORCEMENT COSTS If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to rocover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxa .)le as court costs (including, without limitation, all such fees, costs and expenses incident to apl eats), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. -L emporary Aeso. No. ,aUi _rxni61T-i ARTICLE 2S - AUTHORITY TO PRACTICE The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and ;approvals shall be submitted to the COUNTY upon request. ARTICLE 26 - SEVERABILITY If any term or provision of this Contract, or the application thereof :o any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provision, to persons or circurr stances other than those as to which it is held invalid or unenforceable, shall not be affected, ani every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 27 - MODIFICATIONS OF WORK The COUNTY reserves the right to make changes in the work, including alte-ations, reductions therein or additions thereto. Upon receipt by the CONSULTANT of the COUNTY'S notification of contemplated change, the CONSULTANT shall (1) if requesited by COUNTY, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the COUNTY of any estimated change in the completion date, and (3) advise the COUNTY in writing if the contemplated change shall affect the CONSULTANT'S ability to meet the completion dates or schedules of this Contract. If the COUNTY so instructs in writing, the CONSULTANT shall suspend wcrk on that portion of the work affected by a contemplated change, pending the COUNTY' S df cision to proceed with the change. If the COUNTY elects to make the change, the COUNTY shall issue a Contract Amendment or Change Order and the CONSULTANT shall not continence work on any such change until such written amendment or change order has been issued and signed by each of the I arties_ ARTICLE 28 - NON-EXCLUSIVE CONTRACT PROVISION The Contract resulting from this solicitation shall be non-exclusive and the County may procure the goods or services covered by the Contract from other sources at its discretion_ ARTICLE 29 -- AWARD RESTRICTION The consultant awarded this contract is ineligible to compete for award of the debris recovery contract(s ). ARTICLE 30 -- LAWS AND REGULATIONS All applicable federal and state laws, municipal and County ordinances, aid the rules and regulations of all authorize entities having jurisdiction over any part of this project shall apply to the contract throughout, and they will be deemed to have been included in the contract as though herein written. 10 Temporary Reso. N o. — Exhibit ARTICLE 31 - NOTICE All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the COUNTY shall be mailed to: Johxu7y M. Richardson, Manager, CALM, CPPO Orange County Purchasing and Contracts Division 400 E. South Street 2"a Floor Orlando, Florida 32802-1393 83 Phone_#: ,(407) 8,. 6-5 ,3S Fax #: (407�6-5899...__� and if sent to the CONSULTANT shall be mailed to: Mr. Jonathan J. Burgiiel, National Director R.W. Beck Inc. 800 North Maggolia Avenue, Suite 300 Orlando Fl. 32803 Phone #: 407 422-4911 Fax #: 407 648-8382 11 emporary eso. a. — x i � IN WITNESS WHEREOF, the Board of County Commissioners of Orange County, Florida has made and executed this Contract on behalf of the COUNTY and CONSULTANT has hereunto set its hand the day and year above written. G r rager, ic rdsl rcb a Date CONSULTANT: n, CPPO, CALM iug and Contracts Division By: R.W. Beck Inc. aComanyName Signature AL MALMSJO Typed Name tl Z r C Title Date 12 emporary eso. No. —Exhibit Y5-1.000B DISASTER DEBRIS MONITORING SERVI4 Consultant R.W. BECK, INC. EXHIBIT "A" SCOPE OF SERVICES emporary ,peso. SCOPE OF SERVICES EXHIBIT 'W DISASTER DEBRIS MONITORING CONTRACT I. BACKGROUND Orange County is located in Central Florida, USA and has a population of 1,013,937 citizens based upon current (January 2005) County records. The County encompasses 988.82 square miles or 639,863.67 acres of which 505,289.95 acres are unincorporated and 133,928.19 are incorporated (municipalities). The County has 5,113 miles of improved and maintained roadway, which includes all County, State, Expressway and Municipality road,vays. The County requires the services of a debris -monitoring consultant to support the oversight and management of debris recovery contractors. Also, the Consultant will provide a range of related services including damage assessment, training, emergency planning and other services as needed and ordered by the County. Other services may include facilitating communication with FEMA, FHWA, the State of Florida and other federal agencies, and coordination with state insurance representatives. II. SCOPE A. DEBRIS MONITORING SERVICES 1. Disaster Res once Administrations and Documentation Upon notification by the County, the Consultant will provide the follow ng services: A Project Manager who shall be responsible for the overall monitoring of debris contractors and the management of the consultant's monitoring team shall be the County's point -of -contact. At the availability of the County the Project Manager will be physically located in the Emergency Operations Center (EOC) or other location specified by the County. The Project Manager shall assign an operations manager to oversee each debris recovery contractor. The Project Manager will be supported b) the full array of resources to enhance efficiency and expedite deliverables. The Project Manager's responsibilities include: a. Coordinating daily briefings, work progress, staffing, and other key items with the County. b. ScheduIing work for all team members and contractors on a daily basis. Scheduling and managing field staff. d. Monitoring recovery contractors progress and making/implement .ng reconu nendations to improve efficiency and speed up recovery w )rk. 13 emporary Reso. No. 110 7 5 — Exhibit e. Assisting the County with responding to public concerns and comments. f. Conducting safety inspections. g. Ensuring compliance with contracts by all subcontractors. h. Scheduling and running periodic meetings with field staff and contractors. A project management team consisting of the following members at a minimum shall be established: i. Project Manager ii. Operations Managers iii. FEMA Coordinator iv. Scheduler/Expediters v. GIS Analyst vi. Field Supervisors vii. Debris Site/Tower Monitors viii. Environmental Specialist ix. Project Inspectors (Citizen Site Monitors) x. Project Inspectors (Load Ticket Data Entry Clerks/QA/Q �) xi. Billing and Invoice Analysts xii. Administrative Assistants xiii. Field Coordinators (Crew Monitors) The Consultant may use other required positions as necessary with the written approval of the County's Project Manager. All such positions and applicable hourly rates shall be listed in the cost proposal form. B. Services Provided by Consultant Include: 1. Operational Reports and Record Documentation The Consultant will prepare and submit operational reports throughout tk e duration of the recovery operations. Daily reports shall document the debris contracto -s' activities and progress from the previous day and shall be submitted by 10.30 a.m. to a distribution list established by the County Project Manager. Each daily report submitted will contain the following minimum information: 14 a. Contractor name b. Contract number a. Reports and graphs to delineate production rates o:' crews and their equipment, progress by area and estimations of total quantities remaining, time to completion, and daily cumulative cubic yards cif debris removed, processed and hauled. b. GIS mapping data updates and digitized reports. c. All GIS layers required will be provided to the Con ractor by Orange County Public Works Department, prior to an event or r s soon as possible to ensure up to date files and consistency in field structure. All GIS data must be in an ESRI format 8.3 or higher version. Personnel geodatabase is acceptable based on size restraints. d. Data exports on a monthly basis should be at a minimum SQL server version 200 or Oracle version 8i. e. Scanned documents should be at a minimum 300 dpi an(. in jpg, tiff or pdf file format. The Consultant will review and validate debris removal contractor(s) invoices prior to submission to the County for processing. 2. Technical_ Expertise and Guidance , ; As directed bi_ the Coun1j,. the Consultant shall provide: a. A comprehensive emergency management plans to include plan development; plan review, and plan revision.. b. Damage assessment to include plan development, procedure development, staff training, and staff augmentatio i. C. Damage assessments of facilities. d. A comprehensive mitigation program to include development of a mitigation plan, staff training, cost benefit analysis, project management, environmental review and staff augr nentation. e. Development of debris plan, to include staff trainir g. f Project management to include the brmulation and management of permanent work projects, task fcrce management and management services for Commissions, Boars s and Panels. g. Technical support and assistance in developing public information. 15 emporary Reso. o.I I U 75 — Exhibit h. Other reports and data as required by the County. Aerial photographs per Orange Coinkty Public Works specifications will be flown monthly (of the di.bris sites or other areas as designated or requested by the County). C. Other Services — As directed ky the Count th fou2winz• 1. Training and Assistance: Sessions for all key County pt rsonnel and assistance in all Disaster debris recovery -planning efforts as requested. 2. Prelimin Damaize Assessment: Determine the impac and magnitude of the disaster event before federal assistance is regc. ested, identifying damaged locations and facilities, pre and post disaster ostimates of debris quantities, documenting eligible costs and describing the physical and financial impact of the disaster. Debris Planning; Efforts: Assist in all disaster debris recovery planning efforts as requested by the County. These planning efforts shall include but are not limited to development of a debris rianagement plan, assistance in the identification of adequate temporary debris storage and reduction sites, estimation of debris quantities, and-mergency action plans for debris clearance following a disaster event. 4. Digitization of all source documentation (such as load tic kets and supplies to the County with each invoice). D. Final Report A final report will be prepared by the Consultant and will be submitted to a distribution list as established by the County Project Manager within 30 days of completion of the recovery operations. Recovery Operations includes remediation of sites, closure of site and conclusions of all related operations. At a minimum, the following information will be- included in this report: 1. Discussion of disaster response requirements and results. 2. Recommendations for future disaster response strategies. 16 3. Copies of manifests, certificates, and related documents. 4. Log books and all other data taken during the implementation of the Disaster Response Plan. E. Meetings and Communications Open, timely conversations and written documentation are significant a:tions to provide successful completion of the Disaster Response Plan. Throughout the execution of the plan, Consultant will meet with County representatives as directed by and coordinated with the County. Consultant will attend a pre -proposal conference for the debris recoNery contractors, if so directed by the County, and will convene and attend regular progress and coordination meetings, as appropriate. The consultant must provide minutes of all meetings Minutes shall be provided within three (3) business days after the meeting occurs. G. Field Monitorinp. Consultant will provide a quality control team consisting at a minimum of two monitors per site and one monitor per recovery crew. This team will monitor the recovery contractors for contract compliance, efficiency and regulatory compliance. They will provide feedback to the County through their management team. They shall be equipped with state- of--thc art i echnology, which include digital cameras, computers and other communication devices and C PS units with an accuracy of 3 meters. 1. Res onse Time/Mobilization The consultant shall comply with the following requirements: a. Reporting to EQC — The project manager and at his discretion other key personnel shall report to the EQC at a minimum of 24 hours prior to a hunicane event, For other natural or manmade disasters the consultant shall report wilhin six (6) hours after notification. b. Debris Sites -- The Consultant shall ensure that site monitors as sp: cified below are deployed and operational commensurate with the beginning of debris collection and the establishment of debris sites.. At a minimum monitoring shall consist of the following personnel: 1. Two staff per debris site 2. One staff per debris recovery crew 2. Responsibilities of the Ouality Control Team: The responsibilities of the quality control team include: a. Documenting daily and weekly recovery work, ensuring that prol per records are maintained for trip tickets and recovery costs. b. Inspecting means and methods to measure and record work and r(Tommending changes that may be needed. 17 Temporary Reso. N o. I 107 5 -- Exhi bit Stopping work in progress that is not being performed or documented in the appropriate manner. d. Inspecting work in progress to ensure that removal efforts include debris of the proper type in the proper areas. e. Checking work in process to make sure that the proper work au horizations, pernvts, and other prerequisites has been received. f. Reporting on any improvements in work assignments and/or efficiency/productivity that may be appropriate. g. Maintaining digital photo documentation of recovery work on a weekly basis. h. Aerial Photography on a monthly basis. H. REVIEW _PERMITS, LICENSES, AND CERTIFICATES A wide variety of permits, licenses, and certificates may be required to perform debris management work, depending on the assignment. The Consultant will wort; closely with the County and local agencies and regulators to clarify and resolve any compliance issues, as well as to determine requirements for and to obtain necessary permits, licenses, znd certificates, if requested. In these cases, The Consultant will identify the requirements and demonstrate compliance, even though permits are not required. Some of the permits that v e anticipate being required for this type of work include, but may not be limited to the following: 1. Environmental Permits — asbestos/lead paint abatement, co utruction permit, demolition permits 2 Clean Air Act (Emissions) Permits — burn permit (air cur:ain incinerators), stack -monitoring permit, fugitive emissions (dust) control permi t. I, ASSESSMENT OF DEBRIS ACCUMULATION IN DRAINAGE CANALS Consultant will assist the County in assessing and documenting the debris accumulation and damage in Orange County Drainage canals and provide the County with a CIS map depicting canals requiring focused maintenance, with GIS files and maps. J. EVENT CLOSURE Consultant will assist the County in preparing final reports necessary for r.-imbursement by FEMA, FHWA and any other applicable agency for disaster recovery efforts by County staff' and designated debris removal contractors. The Consultant will assist in reviewir g and processing requests for payment by the disaster debris removal contractors. is Temporary Reso. No. I 107 5 - ERIKi i JU. SCHEDULE Consultant will provide continuous services for a not -to -exceed fee (to be negotiated) and for the period specified in the notice to proceed. A mutual not -to -exceed maount will be negotiated for each operation based on the hourly rates proposed on Form A-1 herein. Should these services be required for a longer period, Consultant will prepare and submit a proposal for additional costs, consistent with the rates in the Cost Proposal Forms. A revised cost will be negotiated. Consultant will mobilize a staff; of sufficient size to adequately monitor debris operations. During this period, the Project Manager will provide daily updates on debris removed and estimate the time remaining for job completion. END OF SCOPE 19 Temporary Reso. N o. — Exhi bit YS-1 UUOB DISASTER DEBRIS MONITORING SERV14 Consultant R.W. BECK, INC. EXHIBIT "B" PRIME CONSULTANT'S COST PROPOSAL Temporary Reso. No. I 10 7 5 — Exhibit COST PROPOSAL FORM RFP # YS-1000-DB The hourly rates shall include all costs, all applicable overhead and profit (excluding lodging, meals, and transportation). I. POSITIONS HOURLY RATES HQURS* TOTAL (Key Positions — Provide resumes for the project manager and operations manager. Provide job descriptions for other key positions listed, per Dorm E) Project Manager $ 160 220 $ 35,200 Operations Managers $ 135 260 $ 35,100 FEMA Coordinator $ 125 40 $ 500 Scheduler/Expeditors $ 89 26D $ 23,140 GIS Analyst $ 90 43 $ 3,600 Field Supervisors $� 88 58 7 $ 51,040 Debris Site/Tower Monitors $ 75 V:00 $360,000 Environmental Specialist $ 85 6) $ 5,100 Project Inspectors (Citizen Site Monitors) $ 42 10.800 $453,600 Load Ticket Data Entry Clerks (QA/QC) $ 50 6,C00 $300'000 Billing/Invoice Analysts $ 42 150 $ 6,300 Administrative Assistants $ 44 390 $ 17,160 Field Coordinators (Crew Monitors) $ 42 21,500 $907,200 TOTAL S 2,002,440 II. OTHER REQUIRED POSITIONS (Proposer may include other positions, with hourly rates and attach job description for each position, per Form E), POSITION H012LY RATES TOTAL Data Manager $110/hr 50 Hours $ 5,500 *These hours are not intended to represent the actual contract amount, but are , in estimated representation of atypical work month. The actual contract value will be negc tiated with the successful proposer prior to issuance of the notice to proceed for each event. FORM A-1 ernporary Keso. N o. 110 7 5 — Exhi bit COST PROPOSAL FORM RFP # YS-1000-DB OTHER REQUIRED POSITIONS Job Descriptions Data Manager: oversees the entering, tabulating, and organization of collection and disposal data into FEMA-required formats. The Data Manager provides the County, debris contractors and FEMA with regular updates on the quantities and typ(:s 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-provi.led data in support of invoices. The Data Manager serves as the County's representativ,: in meetings with the County, FEMA, State representatives, the Contractors and their staf'speaking to data -related issues. FORM A-1 Attachment Temporary Reso. No. — x ii Ys-1000B DISASTER DEBRIS MONITORING SERVI( Consultant R.W. BECK., INC. EXHIBIT "C ORANGE COUNTY TRAVEL AND SUBSISTENCE POLICY AND ALLOWANCES Temporary Reso. No. - x x i EXHIBIT ``C" ORANGE COUNTY TRAVEL and SUBSISTENCE POLICY, And ALLOWANCES 1. Reimbursement for airfare shall be based on coach rates. First class rat :s will only be approved if the County required an expeditious action and coach rates were unavailable. All airfare requires prior approval from Orange County. 2. Maximum mileage allowance will be paid at .32 cents per mile. Lo ,,al mileage is not allowed. All mileage requires prior approval from Orange County. 3. Car rental reimbursement shall be for compact cars, up to two occupants, and intermediate cars for over two occupants_ The Consultant shall atte r►pt to obtain the lowest rates available. All car rentals require prior approval from Or;mge County. No reimbursement for rental cars shalt be granted to total residents. 4. Reimbursement for lodging shall be $50.00 per diem or the actual expenses for lodging at a single room rate at a "non -resort" type hotel located in the vicinity of the County's administrative offices. All lodging requires prior approval from Orange County. 5_ Meals shall be reimbursed at follows. Reimbursement for meals shall iot apply to local employees of the Consultant. Breakfast $ 6.00 a day Lunch $ 9.00 a day Dinner $12.00 a day 6.. Other necessary identifiable travel expenses such as tolls, parking, taxis, etc., shall also be reimbursed. 7. All of the above expenses shall be supported by a source document, such as receipts or invoices), with the employee's name, project name. and brief explanation. These should be reconciled to the monthly invoice. NOTE; No cost for travel and associated expenses shall be incurred without the express written approval of the County. Costs for approved travel per diem or mileage expenses shall be in strict accordance with this Exhibit "C" and Section 112.061, Florida Statute. REV: 2/05 �n City of Tamarac Purchasing and Contracts Division DATE OF ISSUANCE OWNER: : 930 CONTRACTOR [CF3 Ll 104-e1 N 11 =1� 11 /03/2005 CITY OF TAMARAC 7525 NW 88t" Avenue Tamarac, FL 33321-2401 Y5 - 1000B CHANGE ORDER NO. PROJECT NAME: 120611I*e1side] Beck Disaster Recovery, P.O. NUMBER Inc. 1 Hurricane Wilma GT06A 90402 IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS: DESCRIPTION: Hurricane Wilma - Disaster Debris Management Services PURPOSE OF CHANGE ORDER: Charges for services rendered exceeded preliminary estimates due to actual number of labor force hours required to manage the volume of debris generated by Hurricane Wilma. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Time $ 250,000.00 Previous Change Order No. to No. Net change from previous change orders Contract Price prior to this Change Order Contract Time prior to this Change Order $ 250,000.00 Net (Increase) of this Change Order Net (Increase) of this Change Order $ 65,000.00 Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 315,000.00 -14 MENDED APPROVED PP OVE BY BY BY / Director Cl Manager ;I�� Contractor Date to 2 /©f~o Date 10' i 1 I o % iol Date September 28, 2006