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HomeMy WebLinkAboutEmergency Item 02 - Disaster Debris Monitoring with CPH, Hurricane Irma ocoee florida AGENDA ITEM COVER SHEET Meeting Date: September 9, 2017 Emergency Item Eme,- TA-ern a Reviewed By: Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: Subject: Disaster Debris Monitoring with CPH, Hurricane Irma. Background Summary: Public Works is requesting Commission approval to issue a work order for Debris Monitoring to the City's Continuing Engineering Services firm (RFQ#1503), CPH, in conjunction with activating the Disaster Debris Recovery & Removal contract with Ceres Environmental Services, Inc., due to the impacts of hurricane Irma and the Declaration of a State of Emergency from the Governor's Office, Executive Order Number 17-235. CPH has experience providing this service and is currently engaged with other municipalities in Central Florida for debris monitoring. CPH will staff the Disaster Debris Management Site to verify the loads collected, materials processed for eventual disposal, and payment to Ceres, along with providing a reimbursement package for submittal to FEMA by the City. City staff will fill the roll of Field Monitors assigned to Ceres' crews in order to lessen the financial impact of this vital process as required in the FEMA Debris Management Guide. Issue: Request City Commission approval for Continuing Engineering Services firm, CPH, to provide disaster debris monitoring due to the impacts from hurricane Irma. Recommendations: Recommend approval of the Not-To-Exceed price for Disaster Debris Recovery & Removal due to hurricane Irma with CPH, of Sanford, Florida, in the amount of $185,758.27, authorizing the Mayor, City Clerk and Staff to execute the required contract documents and for the City Manager to approve additional work up to the limit of his purchasing authority and up to the allowable budget for unforeseen conditions, and for the Commission to delegate the authority to the City Manager to transfer money across funds to the Emergency Management account line 402-534-00-5224 to cover the costs expended in the 2016-2017 Fiscal Year. Attachments: Ocoee CPH Task Order Debris Monitoring — Irma. Ocoee Irma Debris Removal Monitoring Pricing. FEMA Chapter 11 Debris Management Guide. Financial Impact: Contract is for emergency recovery only and will be submitted to FEMA & FHWA for potential future reimbursement. The costs incurred in the 2016-2017 Fiscal Year will be funded from unencumbered account funds and costs incurred in the 2017-2018 Fiscal Year as adopted at the September 18, 2017 Public Hearing. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution J Regular Agenda X Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) / N/A 2 TASK ORDER NUMBER TASK ORDER FOR DEBRIS MONITORING SERVICES THIS TASK ORDER is made and entered into this 19th day of September 2017, by and between the CITY OF OCOEE, FLORIDA, a Florida municipal corporation, hereinafter referred to as "CITY", and CPH, INC, a Florida corporation, hereinafter referred to as "CONSULTANT". WHEREAS, the CITY has the authority to make contracts and to execute all instruments necessary or convenient, as well as the authority to employ such other experts, agents, and employees as may be in the City's judgement necessary to carry on the business of City; and WHEREAS, the CITY and the CONSULTANT are parties to an active Continuing Consulting Agreement for Professional Engineering Services ("Agreement") which was entered into following a competitive procurement process as provided in RFQ1503; and WHEREAS, on September 4, 2017, in preparation for Hurricane Irma, Florida Governor Rick Scott issued Executive Order 17-235 in order to assist local governmental entities to hastily respond to emergency needs in the wake of Hurricane Irma: and WHEREAS, on September 10, 2017, Hurricane Irma made landfall in Florida which necessitated emergency cleanup and other debris removal by the CITY; and WHEREAS, in accordance with Paragraph H of RFQ1503 and the Agreement, the CITY sought proposals for services of firms providing services to the CITY pursuant to said Agreement so that the CITY could retain qualified personnel to assist with debris removal monitoring following Hurricane Irma as required in 2 Code of Federal Regulations parts 200 and 3002, as applicable; and WHEREAS, the Agreement allows for amendment or modification by a Services Authorization or Amendment; and WHEREAS, the parties agree that this Task Order serves as a Service Authorization in accordance with the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows: 1. SCOPE OF WORK. The scope of work to be performed under this Task Order may consist of, but will not necessarily be limited to, providing debris removal monitoring in accordance with the requirements stated in 2 Code of Federal Regulations parts 200 and 3002, as applicable, and FEMA 325, Public Assistance Debris Management Guide. CONSULTANT shall perform such services in accordance with the terms and conditions of this Task Order, the Agreement, and with applicable regulations and requirements of all interested government agencies. CONSULTANT shall utilize sufficient qualified personnel acceptable to the CITY to perform all services under this Task Order. CONSULTANT shall promptly remove any person from performing services as the CITY shall request in writing (which request may be made by the CITY with or without cause), and promptly replace such person with a person who shall be approved in writing by the CITY. CONSULTANT agrees to include a similar provision in its agreements with all subconsultants. 2. TIME FOR PERFORMANCE. This Task Order shall commence on September 19, 2017 and will be achieved in 60 consecutive calendar days from and including the date of commencement, time being of the essence. 3. METHOD AND AMOUNT OF COMPENSATION. CONSULTANT will be reimbursed for costs for Hurricane Irma Debris Removal Monitoring in an amount not to exceed $185,758.27 and in accordance with the Agreement, 2 RFQ#1503 Task Order Table of Costs, and federal requirements. The Table of Costs is attached hereto as Exhibit "B" and is incorporated by reference. The parties must agree to any changes to this Task Order, the Agreement, or the Table of Costs in writing. 4. MISCELLANEOUS PROVISIONS. All of the terms, covenants, conditions, and provisions of the Agreement hereby remain in full force and effect, except as modified by this Task Order. This Task Order is non-exclusive, and may be terminated at the CITY's convenience with the proper notice having been given to the CONSULTANT as provided in the Agreement. The CONSULTANT and its employees shall promptly observe, comply with, and execute the provision of all present and future federal, state, and local laws, rules, regulations, requirements, ordinances, and orders that may pertain or apply to the Scope of Services described herein. The CONSULTANT shall also require, by contract, that all subconsultants shall comply with the provisions of this paragraph. To the extent applicable, CONSULTANT agrees that if local, state, or federal agencies modify their grant procedures or requirements in order that the CITY or the CONSULTANT to qualify for local, state, or federal funding to pay for the Services rendered by CONSULTANT pursuant to this Task Order, then the CONSULTANT shall make such modifications or amendments in a timely manner. If the CONSULTANT is unable to comply with such applicable local, state, or federal laws and regulations, then the CITY shall have the right, by written notice to the CONSULTANT,to terminate this Task Order immediately. The CITY shall have no obligation to reimburse the CONSULTANT for services rendered which are outside of the Scope of this Task Order. If it is established by audit or by any other means that the CONSULTANT has over-billed or overstated its costs, fees, or reimbursable expenses (Overcharge) to the City, then the amount of any Overcharge shall be refunded by the CONSULTANT, together with interest 3 RFQ#1503 Task Order at the rate of one percent (1%) per month and the CITY's reasonable and provable costs (including the auditing expenses) in discovering the Overcharge and effecting its repayment. The CONSULTANT warrants and represents that it has not paid nor agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or other consideration resulting from this Task Order. Any breach of the warranty or representation of this paragraph shall be grounds for termination. The headings of the Sections or Subsections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections or Subsections. The CITY and the CONSULTANT acknowledge and understand that time is of the essence in this Task Order, and that the Services shall be performed in expeditious and economical manner. IN WITNESS WHEREOF, this Task Order has been fully executed on behalf of the parties hereto and by its duly authorized representatives, as of the date first written above. ATTEST: ACCEPTED: CPH,INC. By: Name: Name: Title: (SEAL) [City of Ocoee Signature Page Follows.] 4 RFQ#1503 Task Order ATTEST: APPROVED: CITY OF OCOEE, FLORIDA By: Name: Melanie Sibbitt Name: Rusty Johnson Title: City Clerk Title: Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON September 19, 2017 LEGALITY this 19th day of September, UNDER AGENDA ITEM NO. . 2017 SHUFFIELD, LOWMAN & WILSON, P.A. BY: Scott A. Cookson, City Attorney 5 RFQ#1503 Task Order PROPOSED COSTS FOR OCOEE HURRICANE IRMA DEBRIS REMOVAL MONITORING(CITY OF OCOEE PERFORMING FIELD MONITORING) 9/15/2017 JOB DISCRIPTION FOR DEBRIS OT #MEN MH FOR $FOR 7 DAYS/ MONITORING ACTIVITIES DISCRIPTION PER OCOEE C.S.A. STRAIGHT ADJUSTMENT /CREW MH/DAY 45 DAYS WK PROJECT MANAGER (PROJECT MANAGER) $ 140 $ 143.33 Xl 6 270 $ 38,699.64 SITE OR AREA SUPERVISOR (SR CONSTRUCTION MANAGER) $ 120 $ 122.86 Xl 12 540 $ 66,342.24 TOWER MONITOR (CONST FIELD REP II) $ 100 $ 102.38 Xl 12 540 $ 55,285.20 FIELD MONITOR (BY CITY OF OCOEE) X6 72 3240 ADMIN SUPPORT STAFF (CLERICAL II) $ 60 $ 61.43 Xl 6 270 $ 16,585.56 SUBTOTAL $ 176,912.64 REIMBURSABLE EXPENSES (@ 5%) $ 8,845.63 GRAND TOTAL $ 185,758.27 NOTES: OT ADJUSTMENT:ADJUSTED FOR A 42 HR WORK WEEK FOR TWO CREWS. #MEN/CREW:BASED ON TWO CREWS TO COVER 12 HR/DAY-7 DAYS/WK SCHEDULE. PROJECT MANAGER AND ADMIN SUPPORT STAFF MANPOWER WILL BE ALLOCATED TO REDUCE OVERTIME CHARGES.