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HomeMy Public PortalAbout100_011_Audit colog cal fanning rou 7 E. Congress St. Suite 801 Savannah, GA 31401 912.656.1316 December 3, 2013 Diane Schleicher, City Manager City of Tybee Island 403 Butler Ave PO Box 2749 Tybee Island, GA 31328 Re: CRS Audit/ Section 420 Mapping Diane, We understand that Tybee Island participates in the voluntary Community Rating System (CRS) program, which recognizes community floodplain management activities exceeding the minimum requirements of the National Flood Insurance Program(NFIP). We also understand that FEMA released a new CRS manual in 2013 to strengthen and improve the required elements of this program. Based on discussions with staff, we understand that the City of Tybee Island currently maintains a 7 in the CRS program. However, the City is concerned that changes in the CRS manual could result in a loss of points, ultimately causing the City to fall from a 7 to an 8 in the program. As a result, the City wishes to explore options for additional points. Specifically, the City wishes to examine Section 420—Open Space Preservation for the potential for additional points. The purpose of this letter is to present our scope of work to review section 420—Open Space Preservation for opportunities for the City gain additional CRS points. Specifically, EPG will work through Section 420 and develop a GIS database of qualifying items and all corresponding information. EPG will also complete an Audit of the City's existing CRS activities to identify other sections where additional points may be available. We appreciate your confidence in EPG, and we look forward to successfully completing this project. Please contact the undersigned should you have any questions, or if you need additional information. Sincerely, Ecological Planning Group Ed DiTommaso, AICP Project Manager (912) 596-3407 2IPage Scope of Work Task 1: Section 420 Analysis and GIS Database Development EPG will complete a detailed review of section 420—Open Space Preservation based on the 2013 CRS manual. EPG will determine which elements are currently being completed by the City and identify additional activities that may be accomplished to increase the point total awarded to the City for this section. EPG will utilize the City's CRS records as well as the annual certifications to determine where points are currently being awarded and where additional points are available. Much of this analysis can be completed using GIS. Once developed, the GIS database can be used to determine points based on the open space activities and the credit criteria. As a starting place, EPG will develop a GIS database that includes the following features: • Nature Trail • Dunes /Marshes • Deed Restrictions • Parks • 4-H Site • Buckley Property • Properties with conservation zoning • Applicable area associated with setbacks The analysis completed as part of this task will follow the appropriate credit criteria defined in the CRS manual. EPG anticipates being able to develop the GIS database using desktop digitization techniques and online resources, but will field verify the location of features if needed. Parts of this task will also require coordination with City staff. EPG assumes the City will provide digital information on the existing elements of this section as well as location information for deed restrictions, recent zoning layer, and other data needed to accurately complete the analysis. Deliverables: • Technical Memo 1 - initial findings • Preliminary GIS Layer of open space features /tabular breakdown • Digital/Hard copy maps of open space by feature type • 2 Meetings at City Hall • Participation in ISO site visit Task 2: CRS Program Audit The CRS program recognizes and awards credits for floodplain management activities in four categories: public information, mapping and regulations, flood damage reduction, and warning/ response. EPG will complete an audit of the elements associated with each of these categories. This includes a detailed review and analysis of the City's existing program as well as an exploration of new programs. This process will ensure 1)the City is being awarded all possible 3IPage points for activities currently being completed; and 2) where the potential for additional points may exist. EPG will coordinate with the City's ISO/CRS representative to get a summary of the City's point breakdown by section based on the CRS manual. EPG may also need to meet with City staff on occasion to obtain information on certain programs, ordinances, and policies. Deliverables: • Technical Memo 2 - detailed results of CRS Program Audit and recommendations • 2 Meetings at City Hall • Participation in ISO site visit Schedule Work will begin upon receipt of the signed authorization. Task 1 will be completed prior February 18, 2014 in conjunction with the ISO coordination meeting. Task 2 will be completed prior to the April 14, 2014 ISO site visit. Budget EPG will complete the work described on an hourly, not to exceed budget of$9,500. EPG will notify the City when 75% of the budget has been exhausted. • Task 1: Section 420 Analysis/GIS Database Development Hourly • Task 2: CRS Program Audit Hourly 3IPage AUTHORIZATION EPG proposes to implement the scope of work outlined herein in accordance with the terms and conditions included in Attachment A. As our authorization, please sign in the space provided below. City of Tybee Island, Georgia By: Jason Buelterman, Mayor 4 I Page ATTACHMENT A: TERMS AND CONDITIONS Ecological Planning Group. (hereinafter EPG, "we", "us", "our", "Consultant") agrees to provide Client(City of Tybee Island), for Client's sole and exclusive use, services as set forth in Ecological Planning Group' proposal subject to the Terms and Conditions set out herein and agreed to hereby. No third party beneficiaries are made or intended by either Party to this Agreement. 1.) PAYMENT TERMS. Client agrees to pay EPG' invoice upon receipt. If payment is not received within 30 days of Client's receipt,a service charge shall apply in the amount of the greater of(i) 1%per month or(ii)the allowable legal rate, including attorney's fees and expenses. EPG may (in its sole judgment and without any liability) suspend services until paid where payment outstanding more than 30 days after the date of EPG'invoice. 2.) TERMINATION OF CONTRACT.Either party may terminate this Agreement without cause upon 30 days prior written notice. In the event of termination, the Client shall pay EPG for all services rendered to the date of termination and all reimbursable expenses. 3.) INSURANCE. EPG maintains insurance coverage as follows:Worker's Compensation Insurance;Employer's Liability Insurance;Commercial General Liability Insurance;Errors&Omissions. 4.) RISK ALLOCATION.In recognition of the relative risks,rewards and benefits of the project to both the Client and EPG,the risks have been allocated such that EPG and the Client agree that,to the fullest extent permitted by the law,each parties'total aggregate liability to the one another and their respective contractors, subcontractors, consultants and other parties with legal standing to file claims resulting from any and all injuries,claims,losses, expenses,damages or claim expenses arising out of this agreement from any cause or causes,shall not exceed $50,000 or the total fee for services contemplated under this Agreement,whichever is less. Such causes include,but are not limited to,EPG or Client negligence,errors,omissions,strict liability,breach of contract or breach of warranty. 5.) SITE OPERATIONS. Client will provide right-of-entry to the property for EPG so EPG can provide the agreed services. Client represents that it possesses necessary permits and licenses required for activities at the site. EPG will take reasonable precautions to minimize damage to the property caused by EPG'operations.Unless otherwise stated in EPG'proposal,our charges do not include cost of restoration due to any related damage which may result. 6.) FIELD REPRESENTATIVE. The presence of EPG' or its subcontractor's field personnel,either full-time or part-time, are for the purpose of providing the agreed to services. Client agrees to inform all contractors at the site not hired by EPG that: (i) EPG' services do not include supervision or direction of the work of the contractor(s), its employees or agents, and (ii) the presence of EPG' field representative will not relieve the contractor of its responsibilities for performing the work in accordance with the plans and specifications. It is agreed that EPG is not responsible for job or site safety or security on the project, other than for EPG' employees and subcontractors, furthermore EPG does not have the duty or right to stop the work of non-EPG contractors. 7.) DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. Hazardous materials may exist where there is no reason to believe they could or should be present. The client acknowledges that EPGs's scope of services for this project does not include any services related to hazardous wastes. EPG and the Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. EPG and the Client also agree that the discovery of unanticipated hazardous materials may make it necessary for EPG to take immediate measures to protect human health and safety, and/or the environment. EPG agrees to notify the Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The Client encourages EPG to take any and all measures that in EPG professional opinion are justified to preserve and protect the health and safety of EPG personnel and the public,and/or the environment,and the Client agrees to compensate EPG for the additional cost of such work. 8.) CLIENT DISCLOSURE. Client agrees(on an ongoing basis)to advise EPG of any hazardous substance or any condition, known or that reasonably should be known by Client, existing in, on, or near the site that presents a potential danger to human health, the environment, or EPG' equipment EPG does not assume control of the site or undertake responsibility for reporting to any federal, state or local public agencies any conditions at the site that may present a potential danger to public health, safety or the environment or that may otherwise be required by applicable law,rule or regulation,all of which is the Client's responsibility. 5 I Page 9.) DOCUMENTS EPG will furnish Client the agreed upon number of written reports, support documents, and electronic files. These instruments of service are for Client's exclusive internal use and reliance, and that of Client's counsel, qualified bidders (design services only) and for regulatory submittal, but not for advertising or other type of distribution,and are subject to the following: A.) All documents generated by EPG under this Agreement shall remain the sole property of EPG until all outstanding EPG invoices are paid in full,at which time ownership shall vest jointly with EPG and the Client,subject to the terms and provisions of this paragraph concerning re-use or third party reliance,all of which shall remain in full force and effect,regardless of which Party owns the documents.Any unauthorized use or distribution of EPG'work shall be at Client's and recipient's sole risk and without liability. EPG may retain a confidential file copy of its work product and related documents. If Client desires to release,or for EPG to provide,EPG'report(s)to a third party not described above for that party's reliance,EPG will agree to such release provided we receive written acceptance from such third party to be bound by acceptable terms and conditions similar to this Agreement (e.g. Secondary Client Agreement). Reports provided for information only will not require separate agreement. Client acknowledges and agrees to inform the third party recipient that EPG' report(s)reflects conditions only at the time of the study and may not reflect conditions at a later time. Client further acknowledges that such request for release creates a potential conflict of interest for EPG and by this request Client waives any such claim EPG complies with the request. B.) EPG may rely upon Client-provided documents (and upon the completeness thereof) in performing the services required under this Agreement; however, EPG assumes no responsibility or liability for their accuracy. Upon Client's request, EPG' work product may be provided electronically or on magnetic media. In connection therewith, Client: (i) waives any risk of disclosure of confidential information via Internet/Web transmissions and (ii) also agrees that the written copy retained by EPG in its files shall be the official base document. EPG disclaims all warranty that any electronic and/or magnetic copy is accurate,but will correct any errors brought to EPG' attention by Client. Any modifications of such electronic and/or magnetic copy by Client shall be at Client's risk and without liability to EPG. Such electronic and/or magnetic copy is subject to all other conditions of this Agreement. 10.) OPINIONS OF COST. If requested EPG will use its professional efforts to provide opinions or estimates of costs based on reasonably available data, EPG' designs or EPG' recommendations. However, such opinions are intended primarily to provide information on the order of magnitude of such costs, not for use in firm budgeting or negotiation unless specifically agreed otherwise, in writing with EPG. Client agrees actual costs of such work depend heavily on regional economics, local construction practices, material availability, site conditions, weather conditions, contractor skills,and many other factors beyond EPG'control. 11.) GOVERNING LAW/HARMONY/FEES. This Agreement shall be governed by the laws of the State of Georgia.The provisions of this Agreement control over any form writings,such as Purchase Orders. EPG'Fee Schedule follows,and is hereby incorporated herein by reference thereto. The Parties agree that the fee schedule attached shall be automatically adjusted to the most current fee schedule promulgated by EPG,effective the date of such promulgation. 12.) ADDITIONAL SERVICES.Additional services include increase or change in scope of project,major revisions when such revisions are inconsistent with written approvals or instructions previously given,services after award of contract in evaluation of substitutions proposed by the client,and other services that are not included under the scope of work;provided,however,that additional services shall not be classified as reimbursable expenses and will be billed at EPG's 2011 Billing Rates as shown below. EPG will only perform additional services when authorized in writing by the Owner. Position Rate Project Manager $115/hour Senior Planner $85/hour GIS Analyst $75/hour