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AMENDMENT NO. ONE TO CONTRACT K-1415-83: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND T.F.R. ENTERPRISES, INC., AS A PRE-POSITIONED OR “STAND BY” AGREEMENT THAT OBLIGATES CONTRACTOR TO PROVIDE CERTAIN DEBRIS CLEAN-UP REMOVAL SERVICES ON AN AS-NEEDED BASIS; EXTENDING THE CONTRACT TO JANUARY 14, 2020.
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BACKGROUND: Natural disasters commonly occur in Oklahoma including wind storms, ice storms, flooding and tornados. Each event has its own unique debris removal and disposal requirements.
When faced with natural disasters, planning is the key to preparedness. A Debris Management Plan ensures a quicker and more thorough and calculated response to a disaster. It also establishes a strategic framework for providing debris removal assistance in support of a Presidential-declared emergency or major disaster and helps qualify a city for additional Federal Emergency Management Agency (FEMA) reimbursement funding in some cases. This additional assistance is explained in sections 403 (Essential Assistance) and 407 (Debris Removal) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (hereafter, the “Stafford Act”), 42 U.S.C. 5121-5206, and implementing regulations at 44 CFR Part 206.
On November 25, 2008, City Council approved Contract K-0809-101 with Beck Disaster Recovery, Inc. (BDR) in the amount of $64,949 to prepare the City’s first ever Debris Management Plan. On September 8, 2009, City Council adopted the Plan.
On December 22, 2009, City Council awarded Pre-Position Contracts to T.F.R. Enterprises, Crowder Disaster Recovery, and DRC Emergency Services for Disaster Debris Clearance and Removal Services. The contract term was three years with the option of extending the contract two additional years with Council authorization.
On December 9, 2014, City Council approved Contract K-1415-83 with T.F.R. Enterprises, Inc. as a pre-positioned or ‘stand by’ agreement that obligates contractor to provide certain debris clean-up removal services on an as-needed basis.
On November 9, 2017, as stipulated in the contract, a mutual agreement was entered to extend the contract for an additional one-year period effective December 9, 2017. On November 13, 2018, as stipulated in the contract, a mutual agreement was entered to extend the contract for an additional one-year period effective December 9, 2018.
DISCUSSION: The Debris Management Plan recommended that the City have a pre-positioned agreement with 3-5 debris removal companies. This is a FEMA requirement to receive the additional 5% of federal funding. The pre-position contracts were originally effective for three years with the option for two one-year extensions. The City has utilized these contract services six different times since 2009 for a range of weather-related disasters including tornados, microbursts and ice storms.
On November 14th and 21st, the City of Norman advertised for bids for a new contract to replace Contract K-1415-83. For bid purposes, a sample event was created with quantities for a standard debris removal event. The bid quantities listed in the bid schedule were approximately the same as the final quantities of the December 2007 ice storm. Some additional bid items were added which would be associated with a tornado event such as removal of “white goods” and abandoned vehicle removal. A bid item for drainage channel debris removal was also added. Using this sample event, bids are tabulated for comparison of the bidders. The agreement does not have a value until a work order is developed and a “Notice to Proceed” is issued by the City Manager, for an amount based on the estimated quantities of a specific disaster. Typically, at that point, the Mayor has officially declared the weather event to be a local emergency. The City of Norman will be prepared for the next disaster by having the executed agreements in place and will be able to start debris removal more quickly.
In order to allow time for the bidding process and for a new contract award, the existing agreement Contract K-1415-83 with T.F.R. Enterprises, Inc. needs to remain in effect until January 14, 2020.
RECOMMENDATION: Staff recommends approval of Amendment No. 1 for short-term extension of Contract K-1415-83 for the Pre-positioned Agreement for Disaster Debris Management with T.F.R. Enterprises, Inc.