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HomeMy WebLinkAbout11 CONS ARMNT-CITY-WIDE HAZ ASSESSMENT 03-20-07 AGENDA REPORT Agenda Item 11 Reviewed: City Manager Finance Director MEETING DATE: MARCH 20, 2007 TO: WilliAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR THE PREPARATION OF A CITY-WIDE HAZARD ASSESSMENT AND MITIGATION PLAN SUMMARY Federal law requires the City to prepare a Hazard Mitigation Plan in order to remain eligible for federal pre and post-disaster mitigation funds. The approval of a Consultant Services Agreement with Risk Management Professionals to provide consulting services for the preparation of a City-Wide Hazard Assessment and Mitigation Plan will fulfill the City's requirement with regards to City public facilities. RECOMMENDATION It is recommended that the City Council approve the Consultant Services Agreement with Risk Management Professionals to prepare a City-Wide Hazard Assessment and Mitigation Plan in the not to exceed amount of $60,510.00 and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City subject to approval by the City Attorney. FISCAL IMPACT A grant from the State of California will provide for 750/0 of the cost of the project. The City's share of the project is $15,127.50. Adequate funds are available in the Public Work's Operating Budget. BACKGROUND In October 2000 the Federal Disaster Mitigation Act of 2000 (DMA 2000) authorized a program for pre-disaster mitigation, streamlined the administration of disaster relief, and placed limits on federal disaster assistance costs from natural hazards. A key requirement of DMA 2000 is a requirement for local agencies and states to develop Hazard Mitigation Plan to reduce risks from natural hazards within their jurisdictions. In 2004, the Federal Emergency Management Agency (FEMA) began restricting grant applications for pre and post-disaster mitigation funds for any agency not covered by an approved Hazard Mitigation Plan. These funds are available for the purpose of mitigating damage to public facilities due to a natural disaster - fire, flood, earthquakes, landslides, etc. For example, a retrofit of a bridge to protect against earthquakes would be eligible, only if a Hazard Mitigation Plan has been previously prepared that identified the need for the retrofit. Approval of Consultant Services Agreement for the Preparation of a City-Wide Hazard Assessment and Mitigation Plan March 20, 2007 Page 2 Three Requests for Proposals were received from a select list of consultants. Based on the consultant's qualifications, project understanding and approach, staff recommends that Risk Management Professionals be selected to prepare the City-Wide Hazard Assessment and Mitigation Plan for a not-to-exceed fee of $60,510.00. The following is the anticipated schedule for the project Consultant Services Agreement Approval Notice to Proceed Completion of Hazard Identification Completion of Asset Inventory/Hazard Estimate Mitigation Plan/Final Product March 20, 2007 March 21, 2007 April 30, 2007 July 30, 2007 November 1, 2007 ~I?/~ FI'l Tim D. Serlet ' Director of Public Works/City Engineer Jo1J~ Administrative Services Manager Attachments: Consultant Services Agreement S:\City Councilltems\2007 Council Items \Approval of CSA Risk Management Professionals.doc CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this day of 20_, by and between the CITY OF TUSTIN, a municipal corporation, hereafter referred to as "City", and Risk ManaQement Professionals, a California Corporation, hereinafter referred to as "Consultant". RECIT ALS WHEREAS, City requires the services of a consultant to furnish the necessary consulting services for the preparation of a City Wide Hazard Assessment and Mitigation Plan hereinafter referred to as "Project"; and WHEREAS, City has prepared a Request for Proposal (RFP) dated November 16, 2006, a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement; and WHEREAS, in response to City's RFP, Consultant has submitted to City a proposal dated January 11, 2007, a copy of which is attached hereto marked as Exhibit "8" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services to City; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1: Scope of Consultant's Services Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit "A" and Exhibit "8" in accordance with the terms and conditions of this Agreement. 1 Section 2: Order of Precedence In the event of a conflict between or among any of the documents comprising this Agreement, the following order of precedence shall govern the provision in question: 1. This Agreement 2. City's Request for Proposal (Exhibit "A") 3. Consultant's Proposal (Exhibit "8") Section 3: Time for Completion The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant's proposal. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Section 4: Compensation A. The compensation to be paid under this Agreement shall be as set forth in Exhibit . "8", which shall not exceed a total cost of $60.510.00. B. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. C. Progress payments for work completed shall be paid by City as the work progresses, within thirty (30) days of the date of Consultant's invoice. D. Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. Section 5: Independent Contractor Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel performing services under this Agreement shall at all times be under Consultant's exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, worker's compensation and similar matters. 2 Section 6: Indemnification Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including attorney's fees caused by or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. Section 7: Insurance A. Consultant shall maintain in full force and effect during the term of this Agreement policies of commercial general liability and automobile liability insurance (each of which shall include property damage and bodily injury) and each with limits of at least $1 ,000,000 combined single limit coverage per occurrence. B. Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to cover claims made within five (5) years of the completion of Consultant's service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier, or with an equivalent carrier in the amount required by this Agreement for at least five (5) years after completion of Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant's letterhead. C. Consultant shall carry and pay for such workers' compensation insurance as is required to fully protect Consultant and its employees under California Worker's Compensation Insurance Law. The insurance company shall agree to waive all rights of subrogation against the City for losses paid under the policy, which losses arose from the work performed by the named insured. D. Other applicable insurance requirements are: (1) Name the City, its officials and employees as additional insured on the commercial general liability and automobile liability insurance policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and rated A, VII (seven) or better (if an admitted carrier) or A-, X (ten) or better (if offered by a surplus line broker), by the latest edition of Best's Key Rating Guide, except that the City will accept workers' compensation insurance rated B-, VII (seven) or better, or from the State Compensation fund. (3) The insurance shall 3 not be cancelled, except after thirty (30) days written prior notice to the City; and (4) The commercial general liability and automobile liability insurance shall each be primary as respects the City, and any other insurance maintained by the City shall be in excess of this insurance and not contribute to it. E. Upon execution of this Agreement, Consultant shall provide to City certificates of insurance and insurer endorsements evidencing the required insurance. Insurer endorsements (or a copy of the policy binder if applicable) shall be provided as evidence of meeting the requirements of Subsections (1 )(3) and (4) of Section 7D above and the waiver of subrogation requirement in Section 7C above. If self- insured for worker's compensation, Consultant shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations. Section 8: Termination of Aareement A. City and Consultant shall each have the right to terminate any or all of the services covered by this Agreement at any tim~ or any reason by giving ten (10) business days written advance notice to the other party. B. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. C. Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. Section 9: Notice Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, upon receipt requested, postage prepaid, addressed as follows: To City: City of Tustin Tim D. Serlet, Director of Public Works/City Engineer 300 Centennial Way Tustin, CA 92780-3715 4 To Consultant: Risk Management Professionals Steven T. Maher, PE CSP, Principal Engineer 27405 Puerta Real, Suite 220 Mission Viejo, CA 92692 Section 10: Miscellaneous Provisions A. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. B. No part of this Agreement may be assigned by Consultant without the prior written approval of City. C. This Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. D. Consultant shall perform all services required under this Agreement using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. E. Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement~ or against any application of such employment, because of race, religion, color, sex, or national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of payor other forms of compensation, and selection for training, including apprenticeship. F. This Agreement shall be interpreted in accordance with California Law. The parties agree that the Orange County Superior Court is the exclusive venue for any lawsuits by.either party regarding this Agreement. 5 IN WITNESS WHEREOF, this Agreement was executed by the parties on the date and year first above written. "CITY" CITY OF TUSTIN By Tim D. Serlet Title Director of Public Works/City Enqineer ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Douglas C. Holland, City Attorney "CONSULTANT" RISK MANAGEMENT PROFESSIONALS By ,"- ','" ..- j~:~.>~;;~::~~!/'. __w__- . r~ -"" ~ Steven T. Maher, PE CSP Title Principal Enqineer S:\CSA & RFP\2007\CSA - RMP Haz Mit Plan. DOC 6 TO BE REPRODUCED (PRINTED) ON CONSULTANT'S LETTERHEAD Date City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: Joe Meyers, Administrative Services Manager Subject: Dear Mr. Meyers: Risk Management Professionals has executed the Consultant Services Agreement for the above referenced project. In lieu of providing occurrence based professional liability insurance coverage as required by the Agreement, Risk Management Professionals warrants and represents that it shall maintain insurance coverage with the insurance company listed on the attachment, or with an equivalent carrier in the amounts indicated for at least five (5) years after the completion of the consulting services under the Agreement. Risk Management Professionals will provide the City with certificates of insurance coverage within the period established above in order to evidence compliance with this Agreement. Sincerely, Risk Management Professionals Authorized Signature ACCEPTED AND AGREED TO: Tim D. Serlet Director of Public Works/City Engineer S:\CSA & RFP\2007\CSA - Tail Insurance - RMP.doc 1.0 Project Understanding and Approach Introduction The Risk Management Professionals (RMP) Project Team thanks you for providing us with the opportunity to submit the enclosed proposal for the City of Tustin Hazard Mitigation Plan. The scope of the proposed effort. is to develop a Hazard Mitigation Plan that will be approved and filed with the California Office of Emergency Services (OES) and 'the Federal Emergency Management Agency (FEMA). The information in this proposal illustrates the many talents, skills and resources we have to provide to this project and also demonstrates our commitment and ability to deliver the highest quality services. It is the intent of the Project Team, in submitting this proposal, to meet all of the requirements and technical specifications needed for successfully completing the project and acquiring OES and FEMA approval. Hazard Mitigation Planning Requirements The development of the proposed Hazard Mitigation Plan will include formulating a baseline understanding of the risks to the community from natural and man-made disasters, determining ways to reduce those risk.s and prioritizing recommendations for implementation. An open, public process will be used to develop a list of disasters, determine the full impacts throughout the community, interface with partner agencies to determine existing mitigation measures, develop possible approaches to projects which will reduce the impacts on the community, and prioritize them for implementation. The analysis of the current vulnerabilities and potential threats will result in a prioritized list of recommended improvements and the estimated costs of implementing the improvements. Risk Management Professionals will prepare your Hazard Mitigation Plan in accordance with FEMA requirements using the tools provided by FEMA and techniques developed from the safety and security industries. The proposed scope of work meets all of the FEMA requirements, including th~ following: · Documentation of the planning process used to develop the plan, · A risk assessment that provides a factual basis for upgrades and recommendations, · A description of the natural hazards that can affect the City, · A description of the City's vulnerability to these natural hazards, Risk Management Professionals -- · A description of land usage, and an estimate of losses should a disaster occur, · A mitigation strategy, · A plan maintenance process, · Documentation that the plan has been adopted by the jurisdiction's governing body, and · Review by the State Hazard Mitigation Officer. Project Understanding In 2000, the Congress of the United States determined that disasters and more importantly, lack of preparedness for disasters, were significant causes of loss of life, human suffering, loss of income, and property loss and damage; and because disasters often disrupt the normal functioning of governments and communities and adversely affect individuals and families with great severity, special measures designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, were necessary. As a result, Congress passed Public Law 106-390 to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act and provide for assistance by the Federal government to State and local governments in carrying out their responsibilities to alleviate the suffering/damage which result from such disasters by: a. revising and broadening the scope of existing disaster relief programs; b. encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States. and by local governments; c. achieving greater coordination and responsiveness of disaster preparedness and relief programs; d. encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; e. encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; and f. providing Federal assistance programs for both public and private losses sustained in disasters. As part of the requirements for receiving Federal Grants for improving a locality's resistance to disasters, each locality must determine their existing vulnerabilities and develop a plan to reduce or eliminate these vulnerabilities and must have this plan approved by the appropriate State officials. The Federal Emergency Management Agency (FEMA) has developed guides, or "How To" assist communities in developing both the vulnerability assessments and plans to reduce or Risk Management Professionals . eliminate their vulnerabilities to disasters. These tools, coupled with techniques from the security and safety industries can be used to effectively develop cost effective and practical approaches to Hazard Mitigation Plans. Hazard Mitigation Planning The development of the proposed Hazard Mitigation Plan (HMP) will include developing a baseline understanding of the risks to the community from natural and man-made disasters, determining ways to reduce those risks and prioritizing recommendations for implementation. An open, public process will be used to develop a list of disasters, determine the full impacts throughout the community, interface with partner agencies to determine existing mitigation measures, develop possible approaches to projects which will reduce the impacts on the community, and prioritize them for implementation. The analysis of the current vulnerabilities and potential threats will result in a prioritized list of recommended improvements and the estimated costs of implementing the improvements. Risk Management Professionals (RMP) will prepare your Hazard Mitigation Plan in accordance with FEMA requirements using the tools provided by FEMA and techniques developed from the safety and security industries. Federal Emergency Management Agency Requirements FEMA requires that the Local Hazard Mitigation Plan meet certain requirements. First, the plan must be approved by the State Authority in order to receive funding for Hazard Mitigation for disasters following that date. Second, the planning process must be open and public, and must allow the public to have an opportunity to comment during the drafting stage and prior to plan approval. Third, the process must allow other local jurisdictions to be involved in the planning process. Fourth, the plan must incorporate, if appropriate, existing plans, studies, reports and technical information. FEMA expects that each Hazard Mitigation Plan (HMP) have the following information: 1. Documentation of the planning process used to develop the plan. 2. A risk assessment that provides a factual basis for upgrades and recommendations. 3. A description of the natural hazards that can affect the jurisdiction. 4. A description of the jurisdiction's vulnerability to these natural hazards. 5. A description of land usage, and an estimate of losses should a disaster occur. 6. A mitigation strategy. 7. A plan maintenance process. Risk Management Professionals . 8. Documentation that the plan has been adopted by the jurisdiction's governing body. 9. Review by the State Hazard Mitigation Officer. Our proposed approach to this project, as presented in the following section, addresses all of these criteria defined by FEMA. In addition, our final report will include a FEMA compliance table to clearly identify the exact section in the report that addresses each of the criteria identified above. Project Management Strategy Risk Management Professionals has well-defined, rigorous procedures for project management. These techniques have been developed and refined over our 10-year history and contribute to our success and reputation. Key elements of our management approach include: · Emphasis on communication with the client and within the project team. · Emphasis on quality. · Key senior staff involvement at all project stages. · Frequent comparison of planned versus actual budget and schedule. The following section details our approach to project management, including workshops and meetings, progress reports, project staffing, establishing and maintaining schedules, as well as project budgeting. Workshops and Meetings Our most direct way to communicate with the client and other agencies involved with the project will be through meetings. As identified and detailed in the Scope of Work, workshops are systematically scheduled throughout the course of the project. An agenda will be prepared for each meeting. We typically forward the agenda one week in advance so that staff is made aware of the issues to be discussed and the people necessary to make decisions are in attendance. Meeting notes are prepared for each meeting to document decisions made. Items documented in the meeting notes include: . Attendees. · Meeting time, date, and location. . Record of discussion. · Decisions made. · Outstanding issues. Risk Management Professionals . We also anticipate conducting teleconference meetings on a more frequent and informal basis with project team members as required to assist in decision making. Progress Reports Risk Management Professionals project managers routinely prepare monthly status reports for each project, which will also be provided to the Planning Committee. The status report addresses the following items: · Project percent complete. · Project progress in the previous month. . Budget used. · Budget remaining. · Key decisions made in the previous month. · Items requiring decisions. · Changes in project scope. The status report is prepared as part of our monitoring of planned versus actual schedule and budget. By monitoring this information on a frequent basis, potential problems are immediately identified and corrective action can be taken at the earliest possible time. Project Staffing Planning Staffing is key to successful project management and an integral part of our quality management program. Our fundamental approach is to assemble the best qualified team to match the project requirements. We then review the scope of the project and review staffing levels and budgets from similar projects to estimate labor requirements to complete a project. The project schedule has a significant impact on staffing planning. Project milestones are identified and labor hour requirements per task are estimated to determine staffing levels to complete the task by the milestone date. The staffing levels are broken down by discipline, to determine overall office personnel planning. A database on staffing needs and current staff assignments is maintained and updated monthly. The database allows us to project workloads and identify if staff becomes over-committed or needs additional work. We combine this staffing effort with our project planning, monitoring, and reporting procedures to ensure that each project has adequate resources to meet the project schedule. Risk Management Professionals . Monitoring Progress Twice each month, each project manager is provided a record of labor hours charged to each job. Using the cumulative hours, percent of budget used is calculated and listed. The project manager can then make an assessment of the following: · Are percent complete and percent budget expended close to predicted values? · Does the rate of progress match the budget expenditure rate? Since the Risk Management Professionals timesheet entry and project tracking systems are fully integrated, more frequent reports are provided to project managers during highly active portions of the project. Methodology The objective of the proposed effort is to develop . a Multi-Hazard Mitigation Plan (HMF:') as required by the Disaster Mitigation Act of 2000. Risk Management Professionals (RMP) will follow the "How-To" guides developed by the Federal Emergency Management Agency (FEMA) as our core approach for developing the City of Tustin HMP. Based upon these "How-To" guides and our experience in developing Hazard Mitigation Plans including RMP's unique Benefit-Cost Analysis (SeA) which addresses essential lifeline utilities, Emergency Response Plans, and Hazardous Materials Area Plans, we have formulated a plan for this project which provides a comprehensive, pragmatic, and cost-effective solution to identify strategies for reducing vulnerabilities to high-priority natural and man-made disasters. As identified in the "How-To" guides, the planning process will include the risk assessment of the events as the basis upon which informed decisions can be made when formulating projects to address potential vulnerabilities. This basis is essential to ensure that the City will gain as much risk reduction as possible from the funds set aside for the implementation of recommended improvements to facilities and response procedures. This basis is developed by addressing the possible hazard events which could occur, creating a hazard profile that includes an inventory of assets and estimated impact for each event should it occur (Le., injuries, Risk Management Professionals . illnesses, damage, deaths, economic impact, etc.), and prioritizing the mitigation recommendations. Although the primary objective will be to address the Disaster Mitigation Act of 2000, the approach chosen will be able to be readily used for applying for future Pre-Disaster Mitigation (PDM) Grant Project funding. Proposed Scope of Work for Compliance with FEMA Requirements The final deliverables of the proposed effort will include a Hazard Mitigation Plan containing the following key elements needed for FEMA compliance: o Completed FEMA Local Hazard Mitigation Plan (LHMP) Crosswalk. o A description of the planning processes used to produce the plan, including public involvement. o A list of natural and man-made disasters which present a threat to the City. o A determination of the vulnerability of the City to these disasters. o A list of site-specific recommendations and their risk-based justification as determined by the Benefit-Cost Analysis. o An implementation and update plan, including potential sources of funding. o Documentation that the plan has been adopted by the City Council. Risk Management Professionals .