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PSA D&J Enterprises, Inc. RFP 27-11/12 polcq 7 /7 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND D & J ENTERPRISES, INC. FOR DISASTER RECOVERY SERVICES PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 27-11/12 This Profess' nal Services Agreement ("Agreement") is entered into this day of 2014 (Effective Date), between the CITY OF MIAMI BEACH, FLORIDA, a u corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (City), and D. & J. ENTERPRISES, INC., a Alabama corporation, whose address is 3495 Lee Road 10, Auburn, Alabama 36832 (CONTRACTOR). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and CONTRACTOR, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. Contractor: For the purposes of this Agreement, CONTRACTOR shall be deemed to be an independent CONTRACTOR, and not an agent or employee of the City. Services: All services, work and actions by the CONTRACTOR performed or undertaken pursuant to the Agreement. Fee: Amount paid to the CONTRACTOR as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach REQUEST FOR PROPOSALS (RFP) 27-11/12 FOR DISASTER RECOVERY SERVICES, together with all amendments thereto, issued by the City in contemplation of this Agreement (the RFP) and the CONTRACTOR's proposal in response thereto (Proposal), all of which are hereby incorporated and made a part hereof as a composite Exhibit "F"; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFP; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139: telephone number (305) 673-7000, Ext. 6515: and fax number(305) 673-7023 1 SECTION 2 SCOPE OF SERVICES (SERVICES) 2.1 In consideration of the Fee to be paid to CONTRACTOR by the City, CONTRACTOR shall provide the work and services described in Exhibit"A" hereto (the Services). SECTION 3 TERM The term of tks Agreement (Term) shall commence upon execution of this Agreement by all parties hereto, as set forth by the Effective Date on page 1 hereof, and shall have an initial term of three (3) years, with the sole option and discretion of the City to renew for two (2) additional one (1) year periods. SECTION 4 FEE 4.1 The CONTRACTOR shall be compensated for the removal, hauling, disposal and processing (separation, chipping grinding and incineration) of only Disaster Debris Eligible under FEMA and FHWA programmatic guidelines including but not limited to current FEMA PA Guides 322, 323, and 325. If any load is determined to contain material other than Eligible Debris, the load will not be accepted, and the CONTRACTOR will not be paid for removing, hauling, disposing or processing that load. If the City representative or City monitoring firm directs CONTRACTOR to remove and haul debris, in writing, as evidence by a load ticket (Load Ticket(s)), then CONTRACTOR will be paid for such service. The CITY may direct the CONTRACTOR to handle Disaster Debris that is ineligible for Federal reimbursement if it is in the best interest of the City. If such services are required, the City shall give prior written authorization for the handling of this debris and the City shall pay the CONTRACTOR for these services performed. 4.2. Payment for work completed by the CONTRACTOR shall be invoiced on a monthly basis, commencing with the first day of the month following the first full month of service. (A) Invoices shall be based on verified and approved cubic yard/tonnage quantities from the daily operational reports and valid Load Tickets signed by the City's authorized representative. (B) Payment for verified and authorized work completed shall be made to the CONTRACTOR within forty-five (45) calendar days after the date on which a proper invoice is received by the City. (C) The CONTRACTOR shall invoice the City pursuant to the hauling pricing schedule and cost schedule, attached hereto as Exhibit"C" and Exhibit"D", respectively. (D) Travel and per diem costs incurred by the CONTRACTOR, or any employees/subcontractors of the CONTRACTOR, during the term of this Contract shall be paid by the CONTRACTOR. The City will not pay any travel or per diem costs incurred by the CONTRACTOR. (E) Other than the rates described herein, the CONTRACTOR shall not be entitled to payment for expenses, fees or other costs incurred at any time and in any 2 connection with performance of work under this Agreement, except for pass through tipping fees. (F) Any CONTRACTOR or subcontractor that is identified on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs shall not be authorized to perform services as outlined in the Scope of Service and the said CONTRACTOR/subcontractor shall not be paid for any services performed. 4.4 The CONTRACTOR shall be entitled to invoice the City for 90% of the line items, after work is completed, on a monthly basis (the first of each month). The remaining 10%will become due after all Eligible Debris is properly processed and disposed of at the final disposition site(s), the TDSRS final closure and remediation process is approved by the City, and the CONTRACTOR submits a proper, final invoice. Final payment shall be released,to the CONTRACTOR upon approval by the CA. 4.5 INVOICING Invoices must be submitted regularly and for no more than thirty day periods and shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: City of Miami Beach 1700 Convention Center Drive, 2nd Floor Miami Beach, Florida 33139 Attention: Eric Carpenter, Public Works Director SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the CONTRACTOR shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the CONTRACTOR of its violation of the particular term(s) of this Agreement, and shall grant CONTRACTOR ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to CONTRACTOR. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the CONTRACTOR. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against CONTRACTOR. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 3 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN TWO (2) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the CONTRACTOR is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION CONTRACTOR agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and CONTRACTORs, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct,of the CONTRACTOR, its officers, employees, agents, CONTRACTORs, or any other person or entity acting under CONTRACTOR's control or supervision, in connection with, related to, or as a result of the CONTRACTOR's performance of the Services pursuant to this Agreement. To that extent, the CONTRACTOR shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to CONTRACTOR for performance of the Services under this Agreement is the specific consideration from the City to the CONTRACTOR for the CONTRACTOR's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The CONTRACTOR shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Chapter 440, Florida Statutes. 4 B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. D. CONTRACTOR Professional Liability, in the amount of $200,000. City of Miami Beach must be shown as an additional insured with respect to this coverage All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B+" as to management, and no less than "Class VI" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3RD FLOOR MIAMI BEACH, FL 33139 All of CONTRACTOR's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the CONTRACTOR specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The CONTRACTOR is also solely responsible for obtaining and submitting all insurance certificates for any sub-contractors. Compliance with the foregoing requirements shall not relieve the CONTRACTOR of the liabilities and obligations under this Section or under any other portion of this Agreement. 5 The CONTRACTOR shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, CONTRACTOR and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. CONTRACTOR hereby expresses its willingness to enter into this Agreement with CONTRACTOR's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, CONTRACTOR hereby agrees that the City shall not be liable to the CONTRACTOR for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 [INTENTIONALLY DELETED] SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to CONTRACTOR, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. CONTRACTOR shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 6 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING CONTRACTOR shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment(unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the CONTRACTOR shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services, the CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital and familial status, or age. 10.6 CONFLICT OF INTEREST The CONTRACTOR herein agrees to adhere to and be governed by all applicable Miami- Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as some may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirectly, which could conflict in any manner or degree with the performance of the Services. The CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the CONTRACTOR. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the CONTRACTOR and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice in writing, all such notices and communications shall be addressed as follows: 7 TO CONTRACTOR: D &J Enterprises, Inc. 3495 Lee Road 10 Auburn Alabama 36832 Attn: Jason Sanders E-mail: distorm4(ag_gmail.com Phone: 334-821-5227 Fax: 334-821-5227 TO CITY: City of Miami Beach 1700 Convention Center Drive, 2"d Floor Miami Beach, Florida 33139 Attn: Eric Carpenter, Public Works Director Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and CONTRACTOR agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to.the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. 8 12.4 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the CONTRACTOR meets the definition of "CONTRACTOR" as defined in Section 119.0701(1)(a), the CONTRACTOR shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the CONTRACTOR upon termination of this Agreement. Upon termination of this Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software,- or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. CONTRACTOR's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event the CONTRACTOR does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: a By: Rafael . Granado, City 1 b � ',�\ Philip Lev' e, r INCORP ORATED. FOR CONTRACTOR: �c Y��g� D,& J. TERPRISES, INC. �/ G6 ATTEST: By: All cretary President 7CA6 ��i ' fps V1 C - skiz Print Name Print Name/Title Attachment "A" — Scope of Services Attachment "B" —Task Order Attachment "C" — Hourly Equipment Schedule Attachment "D" — Cost Proposal Attachment "E" — Insurance Certificate Attachment "F" — Request For Proposals (RFP) 27-11/12 For Disaster Recovery Services, Addenda thereto, and Contractor's response to the RFQ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Ci orney 77'T Dote 10 Attachment "A" SCOPE OF SERVICES The scope of services will include, but will not be limited to items such as emergency road clearance, debris removal from public rights-of-way, removal of hazardous stumps, leaning trees/limbs, temporary debris staging areas and reduction sites, debris disposal, hazardous waste abatement, and sand screening. Debris Management. Contractor shall be responsible for the removal of all hazards to life from the disaster. Clean-up, demolition, and removal shall be work authorization approved by the City Manager, or his designee, by individual work authorizations. Clean-up, demolition, and removal shall be limited to eligible debris. Eligible debris is that which after it's clean-up, demolition, and removal: 1) eliminates immediate threats to life, public health, and safety; 2) eliminates threats of significant damage to improved public or private property; and 3) is essential by its absence of ensuring economic recovery. Technical Disaster Recovery Assistance. Contractor will provide disaster recovery technical assistance to the City's Administration. The assistance shall include documentation and management for the public assistance program, planning, training, and exercise development, as well as attendance at the City of Miami Beach Emergency Operations Center (EOC) during activation of the EOC for exercise and actual emergency events as requested by the City Manager. Logistical Staging Area. Contractor shall provide for the operations and management of the Logistical Staging Areas to facilitate disaster recovery operations. Specifically, Contractor shall provide for the supplies and labor for the operations and management needed to establish Logistical Staging Areas within the specifications and quantities as listed in the work authorizations and the notice to proceed. Supervision by Contractor. Under the general oversight of the City, Contractor shall supervise and direct all work, workers, and equipment. Contractor is solely responsible for the means, methods, techniques, sequences, safety programs, and procedures utilized. Contractor shall employ and maintain on the work site a qualified Supervisor(s) who shall have full authority to act on behalf of Contractor, and all communications given to the supervisor in writing by the City's Authorized Representative shall be as binding as if given to Contractor. Emergency Road Clearance. Contractor shall accomplish the cutting, tossing, and/or pushing of debris, hanging limbs, or leaning trees from primary roads as identified and directed by the City. The debris shall be stacked on the right-of-way to allow passage of vehicles along the primary transportation routes. Debris Removal from Public Right-of-Way. As directed by the City, Contractor shall load and haul all eligible debris to a City designated Temporary Debris Storage and Reduction Site (TDSRS) or other disposable destination. CONTRACTOR must use mechanical equipment to load and reasonably compact debris into the truck and trailers. Debris Separation/Reduction and TDSRS Management. Contractor shall operate and manage the TDRSRS to accept and process all event debris. Contractor shall perform any site preparation, to include but not limited to: 1) building and/or maintaining roads; 11 2) construction of a roofed inspection tower sufficient for a minimum of three inspectors; 3) any environmental requirements necessary to include wind control fencing, silt fencing, hazardous material containment area, and/or water retention beams. All debris will be processed in accordance with all local, state, and federal rules, standards, and regulations. Processing may include, but is not limited to, reduction by tub grinding, incineration when approved, or other alternate methods of reduction such as compaction. Prior to reduction, all debris will be segregated between vegetative debris, C&D, recyclable debris, white goods, and hazardous waste. Upon the closure of the TDSRS the site will be restores to its Pre-Use Condition. Hazardous Stumps. Contractor shall remove hazardous stumps as identified and directed by the City of Miami Beach. Stump removal shall include backfilling the void with appropriate fill material and hauling the stumps the TDSRS. Sand Screening. As directed by the City, Contractor shall screen sand to removal all eligible debris deposited by the event. This process includes the collection of debris laden sand, transporting the sand to the processing screen located in the beach, processing the debris laden sand through the screen and returning the sand to the approximate original location. Debris removed from the sand will be collected, hauled, and processed as ROW debris. Final Deposit. Contractor shall load and transport processed debris to and from the TDSRS to a final disposal site as directed by the City. Technical Assistance. Contractor shall provide disaster recovery technical assistance to City's Administration. This service shall include documentation and management for the public assistance program, planning, training, and exercise development Quality Assurance. Contractor shall provide sufficient supervision and programmatic controls to ensure compliance with procedural and regulatory standards established by FEMA, State of Florida, and the City of Miami Beach. 12 ATTACHMENT B MIAMIive Miami Beach Florida 33139 www.miamibeachfl.gov Tel: 305-673-7480 TASK ORDER Date: Task Order Number: TO: D &J Enterprises, Inc. 3495 Lee Road 10 Auburn, Alabama 36832 Attn: Jason Sanders E-mail:djstorm4 a,gmail.com Phone: 334-821-1249 Fax: 334-821-5227 Pursuant to the Agreement between the City of Miami Beach and the above named firm for REQUEST FOR PROPOSALS (RFP) 27-11/12 FOR DISASTER RECOVERY SERVICES (the Agreement), you are directed to provide the following scope of services: (Attach additional pages if needed) ATTACHMENTS TO THIS WORK ORDER: METHOD OF COMPENSATION: [ ] scope of services [ ] time basis not-to-exceed [ ] special conditions [ ] time basis-limitation of funds TIME FOR COMPLETION: The services to be provided by the CONTRACTOR shall commence upon execution of this Work Order by the parties Effective Date and shall be completed within of the Effective Date. Failure to meet the completion date may be grounds for Termination of the Agreement. Work Order Amount DOLLARS Reimbursable Expense Allowance: (If Applicable) City's Project Coordinator Contractor's Representative 13 Attachment "C" Hourly Equipment Schedule With Operators for Emergency Road Clearance 210 Prentice Loader $125.00 Self Loading Prentice Truck — 25 to 40 yard $125.00 dump body Wheel Loader, John Deere 544 or equivalent $125.00 —2/12 to 3 yard bucket Tandem Dump Truck— 16 to 20 yards $125.00 Mini Loader Bobcat or equivalent $115.00 D6 Dozer or equivalent $165.00 Excavator, Cat 325 or equivalent w/debris $165.00 loading grapple Wheel Loader, John Deere 644 or equivalent $165.00 —3 to 5 yard bucket Chainsaw Operator with gear $45.00 Supervisor with pick-up truck $65.00 Safety Manager with pick-up $65.00 Mechanic's Truck with tools $145.00 Flagmen for Traffic Control $45.00 Trash Transfer Trailers- 110 yard with $165.00 Tractor Bucket Truck— 50 cubic yard bed $125.00 Equipment Trans orts $165.00 Clerical $45.00 Laborers $00.00 14 Attachment cc D» COST PROPOSAL FOR ASBRITT ITEM DESCRIPTION UNIT COST 1 Debris Removal(Vegetative)from Public Property Right-of-Way(ROW) to Temporary Debris Storage and Reduction Site(TDSRS)or final disposal location 0-15 miles CY $7.98 15-30 miles CY $9.98 over 30 miles Per mile over 30 $0.25 miles, per cubic yard 2 Debris Removal (Construction and Demolition C&D, including white goods not requiring Freon removal) from Public Property Right-of-Way (ROW)to Temporary Debris Storage and Reduction Site(TDSRS)or final disposal location 0-15 miles CY $7.98 15-30 miles CY $9.98 over 30 miles Per mile over 30 $0.25 miles, per cubic yard 3 Debris Separation/Reduction and CY $3.95 TDSRS Management 4 Final Disposal (Vegetative) Exclusive of Tipping fees which will be direct pass through expense to the City 0-15 miles CY $4.95 15-30 miles CY $5.95 over 30 miles Per mile over 30 $0.25 miles, per cubic yard 5 Final Disposal (C&D and White Goods) Exclusive of Tipping fees which will be a direct pass through expense to the City 0-15 miles CY $4.95 15-30 miles CY $5.95 over 30 miles Per mile over 30 $0.25 miles, per cubic yard 15 ITEM DESCRIPTION UNIT COST 6 Hazard Stump Removal. All debris is to be then considered as normal debris. Under 24" diameter(Treated a As per Vegetative N/A Normal Vegetative debris, no per Debris cubic yard rate tree removal cost is applicable) Greater than 24",to 36" diameter Per stump $100.00 Greater than 36",to 48" diameter Per stump $225.00 Greater than 48" diameter Per stump $275.00 7 Hanging Tree limb removal (2" or Per Tree $100.00 greater in diameter). All debris is to be then considered as normal debris 8 Removal of Hazardous Trees with attached Stumps if root ball is exposed more than 50%. All debris is to be then considered as normal debris. 0"- 12" diameter(no per tree removal cost is applicable. Treat the debris as normal vegetative debris) Greater than 12",to 24" diameter Per Tree $175.00 Greater than 24",to 36" diameter Per Tree $250.00 Greater than.36",to 48" diameter Per Tree $300.00 Greater than 48" diameter Per Tree $350.00 9 Flush cut Hazardous Trees with root ball exposed is less than 50%. All debris is to be then considered as normal debris. 0"- 12" diameter(no per tree As per Vegetative N/A removal cost is applicable. Treat the Debris cubic yard rate debris as normal vegetative debris) Greater than 12",to 24" diameter Per Tree $175.00 Greater than 24",to 36" diameter Per Tree $250.00 Greater than 36",to 48" diameter Per Tree $300.00 Greater than 48" diameter Per Tree $350.00 16 ITEM DESCRIPTION UNIT COST 10 A Debris Removal Services (for CY $16.95 vegetative debris)See description ion Section II-Scope of Services)to include the following: *Debris Removal from Public Property Right-of-Way(ROW)to Temporary Debris Storage and Reduction Site(TDSRS) *Debris Separation/Reduction and TDSRS Management *Final Disposal Tipping fees will be a direct pass through expense paid by the City based on actual costs. B Debris Removal Services(for C&D CY $16.95 debris and white goods) See description in Section II-Scope of Services)to include the following *Debris Removal from Public Property Right-of-Way(ROW)to Temporary Debris Storage and Reduction Site(TDSRS) *Debris Separation/Reduction and TDSRS Management *Final Disposal Tipping fees will be a direct pass through expense paid by the City based on actual costs. 17 ITEM DESCRIPTION UNIT COST 11 Debris removal Services(for CY $16.95 Vegetation, C&D debris and white goods)See description in Section KK -Scope of Services)to include the following *Debris Removal from Public Property Right-of-Way(ROW)to Temporary Debris Storage and Reduction Site(TDSRS) *Debris Separation/Reduction and TDSRS Management *Final Disposal Tipping fees will be a direct pass through expense paid by the City based on actual costs. 12 Tree debris removal includes CY $16.95 hazardous stumps, hanging tree limbs,and hazardous trees (learning). Debris dropped to(ROW) right-of-way include in vegetable rates in either 10A. 13 Waterway Debris removal (removal CY $37.94 from canals, rivers, coast waterways). All debris is to then be considered as normal debris. 14 Sand Collection,screening and CY $12.98 replace(Beach re-nourishment) 15 Vehicle removal and disposal from Unit $95.00 land (including towing and processing). 16 Vehicle removal and disposal from Unit $500.00 land (including towing and processing). 17 Vessel removal(land)and disposal Lineal foot $17.50 (including processing) 18 ITEM DESCRIPTION UNIT COST 18 Caracass Removal and disposal LB $2.00 (debris that will decompose-animal) 19 Freon management and recycling Unit $50.00 20 Hazardous Waste and Household LB $21.50 Hazardous Waste Collection, Clean- up and Disposal 21 Ice(per Pound delivered) LB $0.50 22 Emergency Fuel Gasoline or Diesel GAL $4.00 23 Emergency Fuel Gasoline or Diesel GAL $9.50 24 Emergency Power Generator 5KW $2,000.00 25 Emergency Power Generator 10KW $3,000.00 26 Emergency Power Generator 15KW $4,000.00 27 Emergency Power Generator 20KW $5,000.00 28 Emergency Power Generator 25KW $6,000.00 29 Emergency Power Generator 30KW $6,500.00 30 Emergency Power Generator 40KW $7,500.00 31 Emergency Power Generator 50KW $8,000.00 32 Emergency Power Generator 60KW $8,500.00 33 Emergency Power Generator 70KW $8,500.00 34 Emergency Power Generator 100KW $9,000.00 35 Emergency Power Generator 125KW $9,500.00 36 Emergency Power Generator 150KW $9,750.00 37 Emergency Power Generator 175KW $10,000.00 38 Emergency Power Generator 200KW $10,500.00 39 Emergency Power Generator 250KW $11,000.00 40 Emergency Power Generator 300KW $12,000.00 41 Emergency Power Generator 400KW $15,500.00 42 Emergency Power Generator 500KW $12,500.00 43 Emergency Power Generator 750KW $12,750.00 44 Emergency Power Generator 800KW $13,000.00 19 ITEM DESCRIPTION . UNIT COST 45 Emergency Power Generator 1000KW $13,500.00 46 Emergency Power Generator 1500KW $14,000.00 47 Emergency Power Generator 1750KW $15,0.00.00 20 Attachment"E" INSURANCE 21 Attachment"F" Request for Proposals No. 27-11/12, Addenda thereto, and Contractor's response to the RFP 22 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The City Managers Recommendation Pertaining To The Ranking of Firms For Disaster Recovery Services, Authorizing The Administration To Enter Into Negotiations, And Authorizing The Mayor And City Clerk To Execute Agreements, And Further Approving The Renewal Of Existing Contracts Until Negotiations Are Complete And New Contracts Are Executed.- Key Intended Outcome Supported: Maintain Miami Beach Public Areas & Rights of Was City Wide. Maintains City's Infrastructure. Supporting Data(Surveys, Environmental Scan,etc: Issue Shall the Mayor and City Commission adopt the resolution? Item Summa /Recommendation: In the event of an emergency, such as a hurricane, the City would lack sufficient resources to undertake debris recovery operations. While assistance is available from the County, State and Federal governments, it is not sufficient to restore a community that has suffered a catastrophic disaster. Also, the resources of the various governments are spread thin over the affected areas, necessitating contracted private sector assistance. It is in the City's best interest to enter into agreements with firms that have the capability and flexibility to provide disaster recovery services in the event of a declared emergency that is of the magnitude to utilize said professional services. In order to ensure that there is no interruption in the services, the Administration recommends that, as part of the action taken with this Resolution, the City Commission approve the second one (1) year renewal option under the City's contracts with AshBritt, Inc.; Ceres Environmental Services, Inc.; Phillips&Jordan, Inc.; and CrowderGulf Joint Venture, Inc. Therefore, the City can keep these contracts and the services in place during the negotiations of the new contracts. Once the new contracts have been successfully negotiated and executed, the existing contracts can be terminated for convenience. RFP No. 27-11/12 was issued on February 24, 2012 which resulted in the receipt of eleven (11) proposals. On May 21, 2012, the City Manager via Letter to Commission No. 140-2012 appointed an Evaluation Committee. The Committee convened on May 29, 2012, and reviewed, scored and ranked the proposals based on the published evaluation criteria. The Committee ranked Ceres Environmental Services, Inc.; AshBritt, Inc.; TAG Grinding Services, Inc.; Byrd Brothers Emergency Services, LLC;-D&J Enterprises, Inc; and Phillips&Jordan, Inc. as the top-ranked proposers. IT IS RECOMMENDED THAT THE MAYOR AND COMMISSION ADOPT THE RESOLUTION Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 OBPI 2 Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Raul Aguila Sign-Offs DempaftWAVOirector Assist Manager I -Vi n er FB JGG PDW JMG �_�d T:IAGENDA1201216-6-121RFP 27-11-12 Disaster Recove ices Summary.docx A [}A iiTEM Q7M MIAMIBEACHDATE 201 ® MIAMI BEACH City of Miami Beach, 1.700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: June 6, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 27-11112, FOR DISASTER RECOVERY SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP RANKED FIRMS OF CERES ENVIRONMENTAL SERVICES, INC., ASHBRITT, INC, TAG GRINDING SERVICES, INC., BYRD BROTHERS ENVIRONMENTAL SERVICES,INC.,D&J ENTERPRISES, INC., AND PHILLIPS AND JORDAN, INC.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION;AND FURTHER APPROVING THE CITY'S EXERCISE OF A ONE(1)YEAR RENEWAL TERM UNDER THE CITY'S CURRENT CONTRACTS FOR DISASTER RECOVERY SERVICES WITH THE FOLLOWING FIRMS: ASHBRITT, INC.;CERES ENVIRONMENTAL SERVICES,INC.;PHILLIPS AND JORDAN, INC.; AND CROWDERGULF JOINT VENTURES, INC.(WITH SUCH RENEWAL TERM COMMENCING RETROACTIVELY'ON FEBRUARY 1,2012, AND ENDING ON JANUARY 31, 2013). ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS In the event of an emergency,such as a hurricane, the City would lack sufficient resources to undertake debris recovery operations. While assistance is available from the County, State and Federal governments,it is not sufficient to restore a community that has suffered a catastrophic disaster. Also,the resources of the various governments are spread thin over the affected areas, necessitating contracted private sector assistance. It is in the City's best interest to enter into agreements with firms that have the capability and flexibility-to provide disaster recovery services in the event of a declared emergency that is of the magnitude-to utilize said professional services. The Federal Emergency Management Agency(FEMA)provides public assistance funds for debris clearance and removal and disposal operations. Eligible applicants include State and local governments. On August 28,2005, FEMA determined that the damage in certain areas of-the-State of-Florida resulting from Hurricane Katrina which occurred on August 24,20051 and with Hurricane Wilma shortly after,were sufficient in severity and magnitude to warrant 202 Commission Memorandum—Disaster Recovery Services June 6, 2012 Page 2 of 5 a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (the Stafford Act). The City currently has contracts with the following six (6) companies for the provision of these services: Grubbs; Bamaco; AshBritt, Inc.; Phillips and Jordan, Inc.; Ceres Environmental Services, Inc.; and CrowderGulf Joint Venture, Inc. The initial term of these contracts were effective through January 31,2011,with three(3)additional one-year options for renewal. These contracts were renewed through January 31, 2012. On February 8, 2012, the Mayor and City Commission approved the issuance of a Request for Proposals(RFP)for Disaster Recovery Services,to select qualified contractors to assist the City with the restoration of-operations after a catastrophic disaster. In order to ensure that there is no interruption in the services, the Administration recommends that, as part of the action taken with this Resolution, the City Commission approve the second one(1)year renewal option under the City's contracts with AshBritt, Inc.; Ceres Environmental Services, Inc.; Phillips&Jordan, Inc.;and CrowderGulf Joint Venture, Inc. Therefore, the City can keep these contracts and the services in place during the negotiations of the new contracts. Once the new contracts have been successfully negotiated and executed, the existing contracts can be terminated for convenience. The scope of services will include, but will not be limited to, items such as emergency road clearance, debris removal from public rights-of-way, removal of hazardous stumps, leaning trees and limbs, temporary debris staging areas and reduction sites, debris disposal, hazardous waste abatement, and sand screening. The resultant contracts will remain in effect for three(3)years, and may be renewed fortwo (2) additional one(1) year periods, at the sole option of the City. RFP PROCESS RFP No. 27-11/12 was issued on February 24, 2012, and the Procurement Division e- mailed, as well as uploaded the RFP to BidNet, sending notifications to over 110 firms. A non-mandatory pre-proposal meeting to provide information and respond to questions from prospective proposers was held on March 7, 2012. This outreach resulted in the receipt of eleven (11) proposals from the following firms: • AshBritt, Inc. • Bergeron Emergency Services, Inc. • Byrd Brothers Emergency Services, LLC • Ceres Environmental Services, Inc. • CrowderGulf JointVenture, Inc. • D&J Enterprises, Inc. • DRC Emergency Services, LLC • J.B. Coxwell Contracting, Inc. • Phillips and Jordan, Inc. • Superior Landscaping & Lawn Service, Inc. • TAG Grinding Services, Inc. 203 Commission Memorandum—Disaster Recovery Services June 6, 2012 Page 3 of 5 On May 21, 2012, the City Manager via Letter to Commission No. 140-2012 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: Michael Alvarez Infrastructure Division Director, Public Works, CMB Barbara Knaub Graduate of Leadership Academy George Navarro Emergency Manager; CMB John Oldenburg Assistant Director, Parks, CMB Jorge Sanabria Fire Division Chief, CMB James Sutter Internal Auditor, CMB Al Zamora Sanitation Director, CMB Alternate: Jesus Sola Fire Division Chief, CMB Due to a conflict in scheduling,Al Zamora requested Rhonda McPherson,Assistant Director, Sanitation, to participate on the Committee in his stead. The Committee convened on May.29, 2012, and was provided with an overview of the project, information relative to-the City's Cone of Silence Ordinance,and recent changes to the Government in the Sunshine Law. Michael Alvarez was nominated as the Committee chairperson. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP, which was as follows, for a total potential of 100 points: • Firm's experience in disaster recovery services—35 points • Qualifications of project team—20 points • Proposed cost/fees—25 points • Methodology and approach— 10 points Past performance performance evaluation surveys— 10 points Additional points were allocated, if applicable, pursuant to, the following ordinances: LOCAL PREFERENCE: The Evaluation Committee will assign an additional five(5)points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. s VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. The Committee discussed the proposals and proceeded to score and rank as follows: 204 Commission Memorandum—Disaster Recovery Services June 6, 2012 Page 4 of 5 Total Michael Barbara Rhonda John James Ranking Alvarez Knaub McPherson Oldenburg Sutter of Firm Ceres 1 97.69 2 (91.5) 3 89 7 87 6 86 19 AshBritt 2(92.93) 1 93 1 (95) 10 (81) 8(84) 22 TAG 9 76 4 87 2 90 5 89 4 88 24 Byrd Brothers 8 (76.29) 6 84 6 8Q 6 88 1 91 27 D&J Enterprises 5(81.29) 7 8Q 5 81 3 91 7 85 27 Phillips and Jordan 3(86.77) 9 77 11 69 2 92 2 90 27 Bergeron 7 78 5 86 7 79 8 83 3 89 30 J.B Coxwell 6 79.93 3 88 4 84 9 82 10 75 32 DRC 10 75.67 8 75 9 72 1 93 5 87 33 CrowderGulf 4(85.99) 10 74 10 71 4 90 9 83 37 Superior 11 (39.14) 11 (22) 8 (73) 11 (71) 11 (23) 52 Superior Landscaping included a copy of a Miami Beach business license in the firm's proposal submission pursuant to the Local Preference Ordinance. Therefore,the score for this firm reflects an additional five (5) points which are included in the scores listed above. The Committee articulated that at least ten (10) of the eleven (11)firms are well qualified and have extensive experience in disaster recovery services. As a result of the ranking of the firms, whereby three(3)firms received the ranking of 27 for fourth-ranked, a motion was made and passed by the Committee to enter into negotiations with the top six (6)firms. Ceres Environmental Services, Inc. has its main office in Sarasota, Florida. Since its founding in 1976, Ceres has been awarded over $1.7 billion in FEMA-funded disaster recovery projects across the United States. Ceres utilizes teaming partners as well as strategically placed owned equipment staging and office locations in Sarasota, Florida; Bonifay, Florida; Houston, Texas; and Brooklyn Park, Minnesota. Ceres has performed emergency work contracts of less than $25,000 and up to $1 billion. Ceres is staffed by professionally trained individuals with over 200 collective years of experience in disaster recovery management, and the firm owns more than 450 pieces of disaster response equipment. AshBritt, Inc. is located in Deerfield Beach, Florida. The firm has successfully assisted in over 95 major recovery missions nationwide since Hurricane Andrew.These missions have included ice storms, snow blizzards, tornadoes, floods,earthquakes,wildfires, and tropical storms,as well as major hurricanes.The principals,staff and consultant partners have over 150 years of combined disaster management and recovery operations experience on both large and small scale projects. AshBritt maintains a core full-time staff of about 50 people, over half of which are experienced senior managers.The firm maintains an extensive pool of qualified, knowledgeable, trained and experienced reservists. 205 Commission Memorandum—Disaster Recovery Services June 6, 2012 Page 5 of 5 TAG Grinding Services, Inc. has its primary corporate office in Dadeville,Alabama,and the firm also maintains offices in Daviston, Alabama; Palmetto, Georgia; and New Orleans, Louisiana. TAG began debris removal and management operations in 1996 and the permanent staff has over 150 years of combined experience dating back to the 1970's.The staff includes former FEMA management personnel and Corps of Engineers disaster response managers.TAG has responded to over 100 projects throughout the country, both individually and in support of other companies. The firm's missions have included responding to ice storms,tornadoes, floods, tropical storms and hurricanes. Byrd Brothers Emergency Services, LLC has its main office is located in Wilson, North Carolina. The firm has a 16 year history of successful service with various levels of federal, state and local governments. The team members have a combined 150-year experience. They have completed over 200 federally funded projects at a total cost of$450,000,000. Byrd Brothers y r thers employs a dedicated FEMA Assistance Team, and can simultaneously operate eleven (11) debris management sites. Byrd Brothers' proposal indicates the firm has never has a disputed FEMA'reimbursement claim. D & J Enterprises, Inc. is headquartered in Auburn, Alabama, and has forty (40) years of experience in the disaster and debris management field. D & J is a full service contracting firm with experience as a prime contractor for emergency recovery services, with specific focus on debris removal, reduction, disposal and management following natural and man- made disaster events. The firm has performed over 225 separate, federally declared disaster response contracts throughout the United States and U.S. territories, and protectorates in the Caribbean and Asia. Disaster recovery projects completed total over $400,000,000,at time employing over 600 employees,500 subcontractors,and 2,000 trucks daily. D & J also owns a temporary debris storage, separation, reduction and disposal facility that operates year-round. The main office of Phillips and Jordan, Inc. is located in Zephyrhills, Florida. The firm was incorporated in 1959 and the disaster management team has more than 273 years of combined debris removal, disaster management and disaster recovery experience. Phillips and Jordan have more than 1,500 pieces of company owned equipment and a full-time workforce in excess of 600 employees. Additionally, they have developed a nationwide database of more than 20,000 subcontractors. CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached Resolution, which recommends the acceptance of the ranking of the firms and authorizes the Administration to enter into negotiations with Ceres Environmental Services, Inc., AshBritt, inc.,TAG Grinding Services, Inc., Byrd.Brothers Environmental Services, Inc.,D&J Enterprises, inc., and Phillips and Jordan, Inc.; and further authorizes the Mayor and City Clerk to execute agreements upon the completion of successful negotiations by the Administration. The Administration further recommends that the City Commission approve the City's exercise of a one (1) year renewal term under the City s current contracts for Disaster Recovery Services with the following firms: AshBritt, Inc.; Ceres Environmental Services, Inc.; Phillips and Jordan, Inc.; and CrowderGulf Joint Ventures, Inc, (with such renewal term commencing retroactively on February 1, 2012 and ending on January 31, 2013). T:IAGENDA1201216 -121RFP-27-11-12 Disaster Recovery Services-Memo.doc 206 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 27-11112, FOR DISASTER RECOVERY SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP RANKED FIRMS OF CERES ENVIRONMENTAL SERVICES, INC., ASHBRITT, INC, TAG GRINDING SERVICES, INC., BYRD BROTHERS ENVIRONMENTAL SERVICES, INC.,D&J ENTERPRISES,INC.,AND PHILLIPS AND JORDAN,INC.;AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION; AND FURTHER APPROVING THE CITY'S EXERCISE OF A ONE (1) YEAR RENEWAL TERM UNDER THE CITY'S CURRENT CONTRACTS FOR DISASTER RECOVERY SERVICES WITH THE FOLLOWING FIRMS: ASHBRITT,INC.; CERES ENVIRONMENTAL SERVICES, INC.; PHILLIPS AND JORDAN, INC.; AND CROWDERGULF JOINT VENTURES, INC. (WITH SUCH RENEWAL TERM COMMENCING RETROACTIVELY ON FEBRUARY 1, 201.2, AND ENDING ON JANUARY 31, 2013). WHEREAS,it is in the City's best interest to enter into agreements with firms that havethe capability and flexibility to provide disaster recovery services in the event of a declared emergency; and WHEREAS, on February 8,2012,the Mayor and City Commission approved the issuance of a Request for Proposals (RFP)for Disaster Recovery Services,to select qualified contractors to assist the City with the restoration of operations after a catastrophic disaster; and WHEREAS,on February 24,2012, RFP No.27-11/12 was issued and notices were sent to over 110 firms; and WHEREAS,on the specified due date,the Procurement Division received responses from AshBritt, Inc.; Bergeron Emergency Services, Inc.; Byrd Brothers Emergency Services, LLC; Ceres Environmental Services, Inc.;CrowderGulf Joint Venture, Inc.; D&J Enterprises, Inc.;DRC Emergency Services, LLC; J.B. Coxwell Contracting, Inc.; Phillips and Jordan, Inc.; Superior Landscaping & Lawn Service, Inc.; and TAG Grinding Services, Inc.; and WHEREAS, On May 21, 2012, the City Manager via Letter to Commission No. 140-2012 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: Michael Alvarez- Infrastructure Division Director, Public Works, CMB; Barbara Knaub -Graduate of Leadership Academy; George Navarro-Emergency Manager, CMB; John Oldenburg -Assistant Director, Parks, CMB; Jorge Sanabria - Fire Division Chief, CMB; James Sutter- Internal Auditor, CMB; AI Zamora - Sanitation Director, CMB; and 207 WHEREAS, due to a conflict in scheduling, Al Zamora requested Rhonda McPherson, Assistant Director, Sanitation,'to participate on the Committee in his stead; and WHEREAS, the Committee convened on May 29, 2012, and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government in the Sunshine Law; and WHEREAS,the Committee scored and ranked each proposal pursuant to the evaluation criteria established in the RFP: • Firm's experience in disaster recovery services—35 points; • Qualifications of project team—20 points; • Proposed cost/fees—25 points; • Methodology and approach— 10 points; Past performance performance evaluation surveys— 10 points; and WHEREAS,Superior Landscaping included a copy of a Miami Beach business license in the firm's proposal submission pursuant to the Local Preference Ordinance,therefore,the score for this firm reflects an additional five (5) points which were included in the scores; and WHEREAS, as a result of the ranking of the firms a motion was made and passed by the Committee to enter into negotiations with the top six(6)firms of Ceres Environmental Services, Inc., AshBritt, Inc., TAG Grinding Services, Inc., Byrd Brothers Environmental Services, Inc., D&J Enterprises, Inc., and Phillips and Jordan, Inc.; and WHEREAS,the City Manager concurs with the recommendation; and WHEREAS, in order to ensure that there is no interruption in the services, the Administration recommends that, as part of the action taken with this Resolution, the City Commission approve the second one (1) year renewal option under the City's contracts with AshBritt, Inc.; Ceres Environmental Services, Inc.; Phillips &Jordan, Inc.; and CrowderGulf Joint Venture, Inc. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking of firms pursuant to Request for Proposals (RFP) No. 27-11/12 for Disaster Recovery Services; authorize the Administration to enter into negotiations with of Ceres Environmental Services, Inc.;AshBritt, Inc.; TAG Grinding Services, Inc.; Byrd Brothers Environmental Services, Inc.;D&J Enterprises, Inc.;and Phillips and Jordan, Inc.; and further authorize the Mayor and City Clerk to execute agreements upon conclusion of successful negotiations by the Administration, and further approving the City's exercise of a one (1) year renewal term under the City's current contracts for Disaster Recovery Services with the following firms: AshBritt, Inc.; Ceres Environmental Services,1nc.; Phillips and Jordan, Inc.; and CrowderGulf Joint Ventures, Inc. (with such renewal term commencing retroactively on February 1, 2012. and ending on January 31, 2013). PASSED AND ADOPTED this day of . 2012. ATTEST: APPROVED AS TO E Rafael E. Granado, City Clerk Matti Herrera Bow"rF. LXECUTION T:WGENDAl201216-6-121RFP 27-11-12 Disaster Recovery Reso.doc 208 1�-- Cit ttom ay Date AAIA.MIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786.394.4006 March 23, 2012 ADDENDUM NO. 2 TO REQUEST FOR PROPOSALS (RFP) NO. 27-11/12 FOR DISASTER RECOVERY SERVICES The subject RFP is hereby amended as follows: The REVISED EXHIBIT A — COST INFORMATION is attached hereto. This form replaces all other cost proposal forms_ that were in the RFP document. This form must be utilized when submitting a proposal for this RFP. Questions and Requests for Clarification Q1) 44 CFR Part 13_36 (h) requires/mandates that all such RFP's be accompanied by a 5% bid bond. Secondly, the same reference requires/mandates that the successful contractor(s) must be required to provide 100% payment and performance bonds upon contract activation. Although there has been some confusion regarding this issue in that it was once thought to pertain only to construction or facilities contracts, the third application ie simplified purchasing procedures applies. Further, please refer to FEMA 325 Part 1 Chapter 2 under "costs". There is a specific paragraph mandating compliance in debris contracts. Al) The following was located under FEMA 325 Part 1 Chapter 2 under"costs": Contract payment provisions should address the obligations between parties to the contract only and not include any language that makes payment to the contractor contingent upon the applicant's receipt of funding from FEMA. All contracts in excess of$10,000 must contain a provision for termination for cause and for convenience by the applicant, including the manner by which it will be effected and the basis for settlement, according to 44 CFR Part 13.36(1)(2). For contracts over $100,000 the applicant must have the following minimum bonding requirements, in accordance with 44 CFR Part 13.36(h): A bid guarantee from each bidder equivalent to five percent of the bid price; A performance bond on the part of the contractor for 100 percent of the contract price; and Q2) The list provided in your reference (FEMA 9580.201) is not exhaustive. Please also refer to FEMA 325 and attachment 1 to FEMA 9580.201. Contracts must require a termination for convenience clause as well as a limitation on time and materials sections to the first 70 and/or a dollar amount, for example. A2) Will include in final contract. Q3) The references also state that if another agency is responsible for the operation/services, FEMA is not. This has particular significance for the City. There are a RFP No 27-11/12 Page 1 of 3 Addendum#2 March 23,2012 number of on system and off system federally assisted roads and roadways. The Federal Highway Administration (FHWA) is responsible for all first pass operations on these roads. While it is understood that FDOT has Cut and Toss contracts in place, if the city opts to use the successful contractor for operations on these roads-first pass as in emergency road clearance, Form FHWA 1273 must be made a part of the RFP and resultant contract. Failure to include the Form and mandate compliance will negate any possibility of reimbursement. Further, any such operations must comply with the most recent version of the FHWA-ER Manual. Debris operations must be separately recorded and tracked with all collected debris processed and disposed of within 60 days, for example. A3) The City is familiar with first pass services on FHWA roads, and will FHWA form include in final contract. Q4) On page 32 of 40 there is a paragraph entitled Debris Separation/Reduction and TDSRS Management indicating that there is a cost to be assigned based on operation of the site by cubic yardage hauled in. However, the pricing matrix commencing on page 34 of 40 does not contain this item. A4) This is corrected in the revised Cost Proposal form attached hereto. Q5) On page 32 of 40 there is a paragraph entitled hazardous stumps. In that entry, as well as the pricing matrix, pricing is requested for hazardous stump extraction "up to 6 inches in diameter" and "greater than 12 inches but less than 24 inches". Please refer to FEMA 325 and associated circulars from FEMA including the 9500 series and FEMA 321 and 322. Stump eligibility is restricted to stumps that are at least 24 inches in diameter as measured 24 inches above the ground. While the city may desire that such services be rendered for stumps under 24 inches, it must be understood that they must be separately tracked and will not be reimbursed. A5) This is corrected in the revised Cost Proposal form attached hereto. Q6) Item 12 of the matrix, page 35 of 40, combines sand sifting from both public and private property. FEMA 321, 322, 325 and 9580.201 attachment 2 establish that these are separate classifications of debris with private property ineligible debris except after specific authorization. A6) This is corrected in the revised Cost Proposal form attached hereto. Q7) Item 18 on page 35 of 40 requests time and materials pricing. Please refer to FEMA 321, 322, 325 and FEMA 9580.201 attachment 2 for the proper pricing ie pound etc. A7) This is corrected in the revised Cost Proposal form attached hereto. Q8) Item 19 on page 36 of 40-emergency road clearance, see previous entry regarding FHWA Form 1273. In addition, the RFP and contract must clearly restrict such operations to the first 70 hours. The actual crew composition will determine the hourly pricing. For example, if the city wishes to compare bids, it would be helpful to either define crew composition or request hourly pricing for labor, flag men, bobcat with operator, skilled saw man, foreman with truck/communications etc. They are currently listed on page 31 of 40. A8) This is corrected in the revised Cost Proposal form attached hereto. Q9) Item 20 on page 36 of 40 requests pricing by time and materials for water body debris operations. Please refer to the previous references. The correct pricing is by the cubic yard and for shoreline/beach restoration by the linear foot. RFP No.27-11/12 Addendum#2 March 23, 2012 Page 2 of 3 A9) This is corrected in the revised Cost Proposal form attached hereto. Q10) Item 21 on page 36 of 40 should be priced by the cubic yard. A10) This is corrected in the revised Cost Proposal form attached hereto. Q11) Item 22 on page 36 of 40 is an unauthorized combination of debris classifications. a. Leaning tree eligibility is defined by the references and must be at least 6 inches in diameter as measured chest at chest height or 54 inches above the ground. Pricing is by the tree to flush cut and drop the tree for the ROW crews to haul. Pricing is scaled ie 6 inches to 12 inches; 12 to 24 etc. b. Hanging limbs are priced by the tree regardless of the number of eligible limbs. c. Time and materials will not be authorized. A11) This is corrected in the revised Cost Proposal form attached hereto Q12) Item 23 on page 36 of 40 regarding demolition will not be reimbursed on a time and materials basis. Please refer to the references. Pricing by the cubic yard is correct distinguishing between RACM and Non-RACM (Regulated Asbestos Containing Material) Al2) This is corrected in the revised Cost Proposal form attached hereto Q13) Pre-event Training, item 24 on page 36 of 40 is unauthorized. The City is prohibited from, and the contractor accepting, payment for pre-event training services. FEMA will provide such training, either directly or through the state EM office at no charge to the city. However, the city can require the contractor to provide such services at no charge on at least an annual basis. A13) This is corrected in the revised Cost Proposal form attached hereto Q14) On this letter what exactly is the information you are wanting in it? "Evidence of Financial Stability: All Proposers must attach a financial statement, balance sheet or assurance that indicates the financial capacity and viability of the Proposer. This statement should be certified by an appropriate corporate official or by an independent Certified Public Accountant." A14) The City requires evidence of financial stability. The requirement is as outlined above. THIS IS A FORMAL ADDENDUM THAT HAS TO BE ACKNOWLEDGED IN THE Proposal ADDENDA ACKNOWLEDGEMENT FORM. IF A PROPOSER FAILS TO ACKNOWLEDGE RECEIPT OF THIS ADDENDUM AS PART OF ITS SUBMISSION, THE CITY RESERVES THE RIGHT TO REQUEST, AND THE PRPOSER MUST COMPLY WITHIN TWO (2) BUSINESS DAYS AFTER RECEIPT OF WRITTEN REQUEST FROM THE CITY. FAILURE TO ACKNOWLEDGE THE RECEIPT OF THIS ADDENDUM MAY RESULT IN DISQUALIFICATION. CITY OF MIAMI BEACH i. Gus Lopez, CPPO Procurement Director RFP No.27-11/12 Addendum#2 March 23,2012 Page 3 of 3 EXHIBIT A— COST INFORMATION RFP NO. 27-11/12 FOR DISASTER RECOVERY SERVICES All prices noted in this attachment are considered baseline estimate. Actual prices that will be charged will be justified at the time a work authorization in approved. All cost must be based upon reasonable expenses for labor, equipment, material, and overhead/profit. Under no circumstances will costs that exceed reimbursable limits acceptable to the Federal Emergency Management Agency (FEMA) be proposed or approved in a work authorization. Proposers are not required to provide cost information for all line items to be considered for award. Emergency Road Clearance The contractor shall accomplish the cutting, tossing, and/or pushing of debris, hanging limbs, or leaning trees from primary roads as identified and directed by the City of Miami Beach. The debris shall be stacked on the right-of-way to allow passage of vehicles along the primary transportation routes. Compensation shall be as per attached hourly rate schedule and limited to the first 70 hours of operations as restricted by FEMA and confirmed with the City. Hourly Equipment Schedule With Operators for Emergency Road Clearance Hoir[ Rate 210 Prentice Loader Self Loading Prentice Truck—25 to 40 yard dump body Wheel Loader, John Deere 544 or equivalent— 2/12 to 3 yard bucket Tandem Dump Truck— 16 to 20 yards Mini Loader Bobcat or equivalent D6 Dozer or equivalent Excavator, Cat 325 or equivalent w/debris loading grapple Wheel Loader, John Deere 644 orequivalent— 3 to 5 yard bucket Chainsaw Operator with gear Supervisor with pick-up truck Safety Manager with pick-up Mechanic's Truck with tools Flagmen for Traffic Control Trash Transfer Trailers- 110 yard with Tractor Bucket Truck— 50 cubic yard bed Equipment Transports Clerical Laborers Debris Removal from Public Right-of-Way As directed by City of Miami Beach, the contractor shall load haul all eligible debris to a City designated Temporary Debris Storage and Reduction Site (TDSRS) or other disposal destination Debris Separation/Reduction and TDSRS Management The contractor shall operate and manage the TDSRS to accept and process all event RFP No 27-11/12 Addendum#2 March 23,2012 debris. The contractor shall perform any site preparation, to include but not be limited to: (1) building and/or maintaining roads; (2) construction of a roofed inspection tower sufficient for a minimum of three inspectors; (3) any environmental requirements necessary to include wind control fencing, silt fencing, hazardous materials containment area, and/or water regulations. Processing may include, but is not limited to, reduction by tub grinding, incineration when approved, or other alternate methods of reduction such as compaction. Prior to reduction all debris will be segregated between vegetative debris, C&D, recyclable debris, white goods, and hazardous waste. Upon the closure of the TDSRS the site will be restored to its Pre-Use Condition. Hazardous Stumps The contractor shall remove hazardous stumps as identified and directed by City of Miami Beach. Stump removal shall include backfilling the void with appropriate fill material and hauling the stump to the TDSRS. Hazardous Trees The contractor shall remove hazardous trees (leaning trees) as identified and directed by City of Miami Beach. Hazardous trees with root balls exposed more than 50% shall be completely removed. Hazardous trees with root balls exposed less than 50% should be flushed cut and tree removed. Tree removal shall include backfilling the void with appropriate fill material and hauling the debris to the TDSRS. Hanging Tree limbs The contractor shall remove hanging tree limbs (2' or greater in diameter) from trees as identified and directed by City of Miami Beach. Limb removal would be hauled as debris to the TDSRS. Sand Screening As directed by the City of Miami Beach, the contractor shall screen sand to remove all eligible debris deposited by the event. This process includes the collection of debris laden sand, transporting the sand to the processing screen located on the beach, processing the debris laden sand through the screen and returning the sand to the approximate original location. Debris removed from the sand will be collected, hauled, and processed as ROW debris. Final Disposal The contractor shall load and transport processed debris from the TDSRS to a final disposal site as directed by City of Miami Beach. Technical Assistance The contractor shall provide disaster recovery technical assistance to elected and appointed officials of City of Miami Beach. This service shall include documentation and management for the public assistance program, planning, training, and exercise development. RFP No 27-11/12 Addendum#2 March 23,2012 Service provided at no additional charge. Permits and Licensinq The contractor shall obtain, with the assistance of City of Miami Beach, permits and licenses of a temporary nature necessary for the execution of the scope of services. Service provided at no additional charge. Quality Assurance and Supervision The contractor shall provide sufficient supervision and programmatic controls to ensure compliance with procedural and regulatory standards established by FEMA, State of Florida, and City of Miami Beach. Service provided at no additional charge. RFP No 27-11/12 Addendum#2 March 23,2012 PRICE SCHEDULE FOR DEBRIS REMOVAL & DISPOSAL SERVICES z, �^ E COMPONENT SERVICES 1 Debris Removal (vegetative) from Public AN Property Right-of-Way (ROW)to Temporary �` 5 j �•sib,... 6 i Debris Storage and Reduction Site Y= k � ' TDSRS or final disposal location. 0-15 miles CY 15 -30 miles CY Over 30 miles Per mile over 30 miles, per cubic yard 2 Debris Removal (Construction and c Demolition C&D, including white goods not rt " requiring Freon removal) from Public z S Property Right-of-Way (ROW) to Temporary Debris Storage and Reduction Site k TDSRS or final disposal location. 0-15 miles CY 15 -30 miles CY Over 30 miles Per mile over 30 miles, per cubic yard 3 Debris Separation / Reduction and TDSRS CY Management 4 Final Disposal (Vegetative) Exclusive of Tipping fees which will be a direct ti 4x 3 pass through expense to the City. 0-15 miles CY 15 -30 miles CY Over 30 miles Per mile over 30 miles, per cubic yard 5 Final Disposal (C&D and White Goods) Exclusive of Tipping fees which will be a direct ass through expense to the City. 0-15 miles CY 15 .30 miles CY Over 30 miles Per mile over 30 miles, per cubic yard 6 Hazard Stump Removal. All debris is to be 3 then considered as normal debris. rF`3 r Under 24" diameter(Treated a Normal N/A As per Vegetative Vegetative debris, no per tree removal cost is Debris cubic yard applicable) rate Greater than 24", to 36" diameter Per stump Greater than 36", to 48" diameter Per stump Greater than 48" diameter Per stump 7 Hanging Tree limb removal (2" or greater in Per Tree diameter). All debris is to be then considered as normal debris. 8 Removal of Hazardous Trees with attached y y RFP No 27-11/12 Addendum#2 March 23,2012 stumps if root ball is exposed more than 50%. All debris is to be then considered as normal debris. _ 0"— 12" diameter(no per tree removal cost is N/A As per Vegetative` applicable. Treat the debris as normal vegetative Debris cubic yard debris) rate Greater than 12", to 24" diameter Per Tree Greater than 24", to 36" diameter Per Tree Greater than 36", to 48" diameter Per Tree Greater than 48 diameter Per Tree 9 Flush cut Hazardous Trees with root ball W' exposed is less than 50%. All debris is to R � z us be then considered as normal debris. z Y �\i 0"— 12" diameter(no per tree removal cost is N/A As per Vegetative applicable. Treat the debris as normal vegetative Debris cubic yard debris) rate Greater than 12", to 24" diameter Per Tree Greater than 24", to 36" diameter Per Tree Greater than 36", to 48" diameter Per Tree Greater than 48 diameter Per Tree RFP No 27-11/12 Addendum#2 March 23,2012 Item D��er Itian of Service. Cost CTnit CONSOLIDATED ALL INCLUSIVE SERVICES 10 A Debris Removal Services (for vegetative CY debris) See description in Section II - Scope of Services)to include the following. • Debris Removal from Public Property Right-of-Way (ROW) to Temporary Debris Storage and Reduction Site (TDSRS) • Debris Separation / Reduction and TDSRS Management • Final Disposal Tipping fees will be a direct pass through expense paid by the City based on actual costs. B Debris Removal Services (for C&D debris and CY white goods) See description in Section II - Scope of Services) to include the following. • Debris Removal from Public Property Right-of-Way (ROW) to Temporary Debris Storage and Reduction Site (TDSRS) • Debris Separation / Reduction and TDSRS Management • Final Disposal Tipping fees will be a direct pass through expense paid by the City based on actual costs. 11 Debris Removal Services (for Vegetation, CY C&D debris and white goods) See description in Section II - Scope of Services) to include the following. • Debris Removal from Public Property Right-of-Way (ROW) to Temporary Debris Storage and Reduction Site (TDSRS) • Debris Separation/ Reduction and TDSRS Management • Final Disposal Tipping fees will be a direct pass through expense paid by the City based on actual costs. 12 Tree debris removal includes hazardous CY stumps, hanging tree limbs, and hazardous trees (leaning). Debris dropped to (ROW) right of way included in vegetative rates in either 10A. RFP No 27-11/12 Addendum#2 March 23,2012 Item ,.Description of Serujce Cost Unit ADDITIONAL SERVICES 13 Waterway Debris Removal (removal from CY canals, rivers, coast waterways). All debris is to then be considered as normal debris. 14 Sand collection, screening and replace (Beach CY re-nourishment 15 Vehicle removal and disposal from land Unit (including towing and processing). 16 Vehicle removal and disposal from water Unit (including towing and processing). 17 Vessel removal (land) and disposal (including Lineal foot rocessin 18 Carcass Removal and disposal (debris that will LB decompose—animal 19 Freon Management and recycling Unit 20 Hazardous Waste and Household Hazardous LB Waste Collection, Clean-up and Disposal 21 Ice (per Pound delivered LB 22 Water per gallon delivered GAL 23 Emergency Fuel Gasoline or Diesel GAL 24 Emergency Power Generator 5KW Triple Shift/Weekly 25 Emergency Power Generator 10KW Triple Shift/Weekly 26 Emergency Power Generator 15KW Triple Shift/Weekly 27 Emergency Power Generator 20 KW Triple Shift/Weekly 28 Emergency Power Generator 25KW Triple Shift/Weekly 29 Emergency Power Generator 30KW Triple Shift/Weekly 30 Emergency Power Generator 40KW Triple Shift/Weekly 31 Emergency Power Generator 50KW Triple Shift/Weekly 32 Emergency Power Generator 60KW Triple Shift/Weekly 33 Emergency Power Generator 70KW Triple Shift/Weekly 34 Emergency Power Generator 100KW Triple Shift/Weekly 35 Emergency Power Generator 125KW Triple Shift/Weekly 36 Emergency Power Generator 150KW Triple Shift/Weekly 37 Emergency Power Generator 175KW Triple 38Shift/Weekly RFP No 27-11/12 Addendum#2 March 23, 2012 38 Emergency Power Generator 20OKW Triple Shift/Weekly 39 Emergency Power Generator 250KW Triple Shift/Weekly 40 Emergency Power Generator 30OKW Triple Shift/Weekly 41 Emergency Power Generator 40OKW Triple Shift/Weekly 42 Emergency Power Generator 50OKW Triple Shift/Weekly 43 Emergency Power Generator 750KW Triple Shift/Weekly 44 Emergency Power Generator 80OKW Triple Shift/Weekly 45 Emergency Power Generator 1000KW Triple Shift/Weekly 46 Emergency Power Generator 150OKW Triple Shift/Weekly 47 Emergency Power Generator 1750KW Triple Shift/Weekly RFP No 27-11/12 Addendum#2 March 23,2012 MIAMI .BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.micmibeachFI.gov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786.394.4006 March 20, 2012 ADDENDUM NO. 1 TO REQUEST FOR PROPOSALS (RFP) NO. 27-11/12 FOR DISASTER RECOVERY SERVICES The subject RFP is hereby amended as follows: 1) The due date for receipt of proposals has been changed to no later than 3:00 pm Eastern time on March 30, 2012. 2) Another Addendum will be published to modify the pricing proposal submission form and to respond to written requests for clarification. 3) In response to a question asked in the pre-proposal submission meeting of March 7, 2012, there are approximately 150 miles of roads on Miami Beach. 4) In response to a request in the pre-proposal submission meeting of March 7, 2012, the City's Debris Zone Map is attached. 5) The City is currently formulating our Debris Management Plan, with assistance from our Consultant, and we do not believe it is in the best interest to distribute the draft version at this time, as requested in the pre-proposal submission meeting of March 7, 2012. When available, the City will provide the completed version to the successful proposers. Proposers are reminded to please acknowledge receipt of this addendum as part of your proposal submission. Potential bidders that have elected. not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Proposers" questionnaire with the reason(s) for not submitting a bid. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director RFP No 27-11/12 Addendum#1 March 20, 2012 ryF�Y '- ,. r�Yi' Sju L OPM gi = � �-► . r • ; i RY.: D A 1 a r e 2k- Y °� •-�. �+z it,+ ; 54 VA —Hill Al I RIO t; �� A��2I�kth� J• Y e�Y_>� s•., der' Y '�A � MAII i `., - 3• � .3�`j.3 sus t Esg� a t. '�"-,.x� Lek•• e( ,�._E` � £f....E?.a ",� Y 3 s t-cs._i:.a.ui.x..a.:iue'iu.a:�s:ca.wig:r...�..>s-x...au...�-_.�..�.�an..-maw....r...m�..,a.�:uviru•uveunwu.+P.•a.r.:��.....a'?v�Y.... .....,fie+ .T-��.«.;...s.+..cF.�..:.a i->.x..+y�..-;....wxa..>.....�w�rr..w..a:.�n�.� ..�r�.:r..a...w rca..:«.:�.r�,a� .nir-...f...- .w<�rc.n.a...�-.v c..m:: .r x..r..:ir.. .ii REQUEST FOR P R POSALS ( RFP RFP NO. 27-11/12 FOR DISASTER RECOVERY SERVICES PROPOSAL DUE DATE: MARCH 26, 2012 AT 3:00 P.M. PAMELA J. LEJAXATSARIS, CPPO,CPPB CITY HALL PROCUREMENT DIVISION,3 I Floor 1700 Convention Center Drive Miami Beach, FL 33139 Phone: 305.673.7490 Fax: 786.394.4006 E-mail: PamelaLeio @miam1beachfl.gov MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139, vnvw.miamibeochFl.9ov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394.4006 PUBLIC NOTICE Request for Proposals No. 27-11/12 for Disaster Recovery Services In the event of an emergency, such as a hurricane, the City would lack sufficient resources to undertake debris recovery operations. While assistance is available from the County, State and Federal governments, it is not sufficient to restore a community that has suffered a catastrophic disaster. Also, the resources of the various governments are spread thin over the affected areas, necessitating contracted private sector assistance. The scope of services will include, but will not limited to items such as emergency road clearance, debris removal from public rights-of-way, removal of hazardous stumps, leaning trees/limbs, temporary debris staging areas and reduction sites, debris disposal, hazardous waste abatement, and sand screening. Sealed proposals will be received until 3:00 PM on March 26, 2012, at the following address: City of Miami Beach City all; Procurement Division --Third Floor; Y , 1700 Convention Center Drive; Miami Beach, Florida 33139 ANY PROPOSAL RECEIVED AFTER 3:00 PM ON MARCH 26, 2012, WILL BE RETURNED TO THE PROPOSER UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING PROPOSALS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE. A Pre-Proposal Submission Meeting is scheduled for March 7, 2012 at 2:00 pm at the following address: City Hall — Fourth Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person or via telephone) to this Pre-Proposal Submission Meeting is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 8982915# Proposers who are interested in participating via telephone, please send an e-mail to PamelaLeia(a-miamibeachfl.gov expressing your intent to participate via telephone at least one business day in advance of the meeting. The City utilizes BidNet for automatic notification of bid opportunities and document fulfillment. This system allows vendors to register online and receive notification of new bids, amendments and awards. 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 2 of 40 Vendors with Internet access should review the registration options at the following website: http://www.govbids com/scripts/panhandle/public/home1 asp?utm medium=referral& utm source=MIA28FL&utm campaign=web site. If you do not have Internet access, please call the BidNet support group at 800-677- 1997 extension #214. The City also provides bid information on its website, please visit: http://web.miamibeachfl..qov/procurement. PROPOSERS ARE HEREBY ADVISED THAT THIS RFP IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://www.miamibeachfl.gov/newcity/depts/purchase/bidintro asp • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002-3363. • CAMPAIGN CONTRIBUTIONS BY VENDORS - ORDINANCE NO. 2003-3389. • LOCAL PREFERENCE FOR,MIAMI BEACH-BASED VENDORS — ORDINANCE NO. 2011-3747. • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES — ORDINANCE NO. 2011- 3748. • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. Any questions or requests for clarifications concerning this RFP shall be submitted by e-mail to: PamelaLeiaCD-miamibeachfl.gov, with copies also submitted to the City Clerk: robertparcher(!-d)miamibeachfl.gov. All questions or requests for clarifications must be received no later than five (5) calendar days prior to the scheduled RFP submission date. All responses to questions/clarifications will be sent to Proposers in the form of a written addendum. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Gus Lopez, CPPO Procurement Director 2/24/12 RFP No.27-11/12 City of Miami Beach Disaster Recovery Services 3 of 40 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov PROCUREMENT Division Tel: 305.673.7490 Fax:786.394.4006 RFP No. 27-11112 NOTICE TO PROSPECTIVE PROPOSERS If not submitting a Proposal at this time, please detach this sheet from the RFP documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: Not responding due to workload issues Not responding due to minimum qualifications requirements Not responding due to scope of services Not responding due to project's size and/or complexity OTHER. (Please specify) We do do not want to be retained on your mailing list for future proposals for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by not submitting a proposal or this completed form, may result in your company being removed from the City's bid list. 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 4 of 40 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139..www.mlamlbeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax:786.394.4006 TABLE OF CONTENTS PAGE I. OVERVIEW AND PROPOSAL PROCEDURES 6-10 II. SCOPE OF SERVICES 11-12 III. PROPOSAL FORMAT 13-14 IV. EVALUATION/SELECTION PROCESS/ CRITERIA FOR EVALUATION 15 V. SPECIAL TERMS AND CONDITIONS- INSURANCE 16-17 Vl. PROPOSAL DOCUMENTS TO BE COMPLETED AND 17-38 RETURNED TO CITY WITH PROPOSAL SUBMISSION - All items outlined as required under Proposal Format (Section III) And Scope of Services/Specifications (Section II) - Signed Insurance Checklist - Proposer Information - Acknowledgment of Addenda - Declaration - Sworn Statement/Section 287.133(3) (a), Florida Statutes - Public Entity Crimes - Questionnaire - Acknowledgment Letter - Disclosure and Disclaimer - EXHIBIT A— Cost Information VII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENTS - Performance Evaluation Letters 39 - Performance Evaluation Survey 40 VIII. Attachment - For Informational Purposes Only: FEMA RECOVERY FACT SHEET RP9580.201; Debris Contracting Guidance 2/24/12 RFP No:27 11/12 City of Miami Beach Disaster Recovery Services 5 of 40 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION / BACKGROUND In the event of an emergency, such as a hurricane, the City would lack sufficient resources to undertake recovery operations. While assistance is available from the County, State and Federal governments, it is not sufficient to restore a community that has suffered a catastrophic disaster. Also, the resources of the various governments are spread thin over the affected areas, necessitating contracted private sector assistance. It is in the City's best interest to enter into agreements with additional vendors with the capability and flexibility in the event of a major disaster. In the event of a declared emergency and the emergency is of sufficient magnitude that the City needs to utilize disaster related services. FEMA as the principal federal agency dealing with disaster recovery prefers that agreements for disaster services be put in place prior to an emergency and where possible, the services be obtained by bidding processes. The City currently has contracts with the following six (6) companies for the provision of these services: Grubbs, Bamaco, Ashbritt, Inc., Phillips & Jordan, Ceres Environmental, and Crowder Gulf. The current contracts expire on January 31, 2012 and have two (2) additional options for renewal. The agreements will remain in effect until the execution of new contracts. The contracts pursuant to this RFP will be effective as of June 1, 2012, the beginning of the Hurricane Season. The term of contract(s) will be for three (3) years with the sole option and discretion of the City to renew for two (2) additional one (1) year periods. B. RFP TIMETABLE The anticipated schedule for this RFP is as follows: RFP issued February 24, 2012 Pre-proposal submission meeting March 7, 2012 at 2:00 pm Deadline for receipt of questions March 12, 2012, at 5:00 p.m. Deadline for receipt of Proposals March 26, 2012, at 3:00 p.m. Evaluation Committee review April 2012 Commission approval authorizing negotiations May 9, 2012 Contract negotiations May 2012 C. PROPOSALS SUBMISSION An original and ten (10) copies of complete Proposals, plus a CD, must be received no later than 3:00 p.m. on March 26, 2012, at the following address: City of Miami Beach City Hall Procurement Division -- Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The original and all copies, plus the CD, must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Proposer's name, address, and RFP number and title. No facsimile, electronic, or e-mail Proposals will be considered. 2/24/12 RFP No:27-11/12 City of Miami Beach Disaster Recovery Services 6 of 40 THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE. ANY PROPOSAL RECEIVED AFTER 3:00 P.M. ON MARCH 26, 2012 WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFP DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. D. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting is scheduled for Wednesday, March 7, 2012 at 2:00 pm at the following address: City of Miami Beach; City Hall — 41h Floor; City Manager's Large Conference Room; 1700 Convention Center Drive; Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 8982915# Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in Section E of this RFP expressing their intent to participate via telephone. E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFP is Pamela Leja-Katsaris, Sr. Procurement Specialist, who may be reached by phone at 305.673.7490; fax at 786.394.4006, or e-mail at Pamela Leia(Drniamibeachfl.gov. Oral communications between a Proposer, bidder, lobbyist, and/or consultant and the Procurement contactare limited to matters of process or procedure. Requests for additional information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or e-mail requests are acceptable. Please send all questions and/or requests for clarifications to PamelaLeja @miamibeachfl.gov, with a copy to the City Clerk's Office at RobertParcher(c�miamibeachfl.aov, no later than the date specified in the RFP timetable. The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he deems necessary, in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFP or in any written addendum to this RFP. Proposers should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received. PURSUANT TO THE CITY'S CONE OF SILENCE ORDINANCE, AS CODIFIED IN SECTION 2-486 OF THE CITY CODE, PROPOSERS ARE ADVISED THAT ORAL COMMUNICATIONS BETWEEN THE PROPOSER, OR THEIR REPRESENTATIVES AND 1) THE MAYOR AND CITY COMMISSIONERS AND THEIR RESPECTIVE STAFF; OR 2) MEMBERS OF THE CITY'S ADMINISTRATIVE STAFF (INCLUDING BUT NOT LIMITED TO THE CITY MANAGER AND HIS STAFF); OR 3) EVALUATION COMMITTEE MEMBERS, IS PROHIBITED. 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 7 of 40 F. MODIFICATION/WITHDRAWALS OF PROPOSALS A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. G. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. H. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. I. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). J. FLORIDA PUBLIC RECORDS LAW Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, will be available for public inspection after opening of Proposals, in compliance with Florida Public Records Law including, without limitation, Chapter 119, Florida Statues. K. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer(s). Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer(s) in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. L. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002- 3344), as codified in Sections 2-370 and 2-371 of the City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 8 of 40 M. OBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the' scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. N. DEFAULT Failure or refusal of the successful Proposer(s) to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer(s)from the City's vendor list. O. CONFLICT OF INTEREST All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates. P. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. Q. RELATIONSHIP TO THE CITY It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. R. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 9 of 40 S. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws: Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including; without limitation, disqualification of their Proposals, in the event of such non-compliance. T. CONE OF SILENCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal voidable, in the event of such non-compliance. U. DEBARMENT ORDINANCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2- 397 through 2-406 of the City Code). V. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. W. CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. X. AMERICAN WITH DISABILITIES ACT (ADA) Call 305-673-7490/VOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7631. Y. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2- 449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 10 of 40 SECTION II— SCOPE OF SERVICES The scope of services will include, but will not be limited to items such as emergency road clearance, debris removal from public rights-of-way, removal of hazardous stumps, leaning trees/limbs, temporary debris staging areas and reduction sites, debris disposal, hazardous waste abatement, and sand screening. Debris Management. Successful Proposer shall be responsible for the removal of all hazards to life from the disaster. Clean-up, demolition, and removal shall be work.authorization approved by the City Manager, or his designee, by individual work authorizations. Clean-up, demolition, and removal shall be limited to eligible debris. Eligible debris is that which after it's clean-up, demolition, and removal: 1) eliminates immediate threats to life, public health, ands safety; 2) eliminates threats of significant damage to improved public or private property; and 3) is essential by its absence of ensuring economic recovery. Technical Disaster Recovery Assistance. Successful Proposer will provide disaster recovery technical assistance to the City's Administration. The assistance shall include documentation and management for the public assistance program, planning, training, and exercise development, as well as attendance at the City of Miami Beach Emergency Operations Center (EOC) during activation of the EOC for exercise and actual emergency events as requested by the City Manager. Logistical Staging Area. Successful Proposer shall provide for the operations and management of the Logistical Staging Areas to facilitate disaster recovery operations. Specifically, Successful Proposer shall provide for the supplies and labor for the operations and management needed to establish Logistical Staging Areas within the specifications and quantities as listed in the work authorizations and the notice to proceed. Supervision by Successful Proposer. Under the general oversight of the City, Successful Proposer shall supervise and direct all work, workers, and equipment. Successful Proposer is solely responsible for the means, methods, techniques, sequences, safety programs, and procedures utilized. Successful Proposer shall employ and maintain on the work site a qualified Supervisor(s) who shall have full authority to act on behalf of Successful Proposer, and all communications given to the supervisor in writing by the City's Authorized Representative shall be as binding as if given to Successful Proposer. Emergency Road Clearance. Successful Proposer shall accomplish the cutting, tossing, and/or pushing of debris, hanging limbs, or leaning trees from primary roads as identified and directed by the City. The debris shall be stacked on the right-of-way to allow passage of vehicles along the primary transportation routes. Debris Removal from Public Right-of-Way. As directed by the City, Successful Proposer shall load and haul all eligible debris to a City designated Temporary Debris Storage and Reduction Site (TDSRS) or other disposable destination. Debris Separation/Reduction and TDSRS Management. Successful Proposer shall operate and manage the TDRSRS to accept and process all event debris. Successful Proposer shall perform any site preparation, to include but not limited to: 1) building and/or maintaining roads; 2) construction of a roofed inspection tower sufficient for a minimum of three inspectors; 3) any environmental requirements necessary to include wind control fencing, silt fencing, hazardous material containment area, and/or water retention beams. 2/24/12 RFP No:27-11/12 City of Miami Beach Disaster Recovery Services 11 of 40 All debris will be processed in accordance with all local, state, and federal rules, standards, and regulations. Processing may include, but is not limited to, reduction by tub grinding, incineration when approved, or other alternate methods of reduction such as compaction. Prior to reduction, all debris will be segregated between vegetative debris, C&D, recyclable debris, white goods, and hazardous waste. Upon the closure of the TDSRS the site will be restores to its Pre-Use Condition. Hazardous Stumps. Successful Proposer shall remove hazardous stumps as identified and directed by the City of Miami Beach. Stump removal shall include backfilling the void with appropriate fill material and hauling the stumps the TDSRS. Sand Screening. As directed by the City, Successful Proposer shall screen sand to removal all eligible debris deposited by the event. This process includes the collection of debris laden sand, transporting the sand to the processing screen located in the beach, processing the debris laden sand through the screen and returning the sand to the approximate original location. Debris removed from the sand will be collected, hauled, and processed as ROW debris. Final Deposit. Successful Proposer shall load and transport processed debris to and from the TDSRS to a final disposal site as directed by the City. Technical Assistance. Successful Proposer shall provide disaster recovery technical assistance to City's Administration. This service shall include documentation and management for the public assistance program, planning, training, and exercise development Quality Assurance. Successful Proposer shall provide sufficient supervision and programmatic controls to ensure compliance with procedural and regulatory standards established by FEMA, State of Florida, and the City of Miami Beach. 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 12 of 40 SECTION III — PROPOSAL FORMAT Each Proposal shall include, at a minimum, the following documents, each fully completed and signed, as required. If any items are omitted, Proposers must submit the omitted documentation within five (5) calendar days upon.request from the City, or the Proposal may be deemed non-responsive. 1. Table of Contents: Outline in sequential order the major areas of the Proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: a) Introduction letter outlining the Proposer's professional specialization, and providing past experience to support the qualifications of the Proposer. b) Proposer's must provide documentation: Proposer's shall submit such supporting documentation as they deem necessary to demonstrate the capability to provide and implement the services that provide evidence as to the capability to provide and implement the services as outlined in this RFP. C) Qualifications of Proposer/Associated Proposal Team Members/ Management Team and Key Personnel: Outline in detail the experience and qualifications of the proposing entity and all associated Proposal team members; the Proposer's management team; and key personnel; with emphasis on providing experience and qualifications on (and as to) similar projects as the one contemplated in this RFP. d) Cost Information: Cost information must be submitted using "Exhibit A". Notwithstanding any fee submitted, the City reserves the right to further negotiate same with the successful Proposer. e) Evidence of Financial Stability: All Proposers must attach a financial statement, balance sheet or assurance that indicates the financial capacity and viability of the Proposer. This statement should be certified by an appropriate corporate official or by an independent Certified Public Accountant. f) .References: List at least five (5) references for whom your firm provides or has provided similar services, and include their contact name, title, company, address, telephone number, e-mail address, fax number. g) Past Performance Client Survey Information: Past performance information will be collected on all Proposers. Proposers are required to identify and submit their best projects. Proposers will be required to send out Performance Evaluation Surveys to each of their clients. Please provide your client with the Performance Evaluation Letter and Survey attached herein, and request that your client submit the completed survey to to Pamela Leja- Katsaris at Fax: 786-394-4006 or E-mail: PamelaLeja @miamibeachfl.gov. Proposers are responsible for making sure their clients return the Performance Evaluation Surveys to the City. Proposers are solely responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify any information 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 13 of 40 submitted throughout this process. Such verification may include, but is not limited.to, speaking with current and former clients, review of relevant client documentation, site- visitation, and other independent confirmation of data. THE CITY WILL NOT ACCEPT CLIENT SURVEYS SENT TO THE PROCUREMENT DIVISION FROM THE OFFICE OF THE PROPOSER. IN ORDER TO BE CONSIDERED, SURVEYS MUST BE SENT TO THE PROCUREMENT DIVISION DIRECTLY FROM YOUR CLIENT'S OFFICE(S). h) Methodology and Approach. The Proposer must specifically describe its proposed methodology and approach for completing the services required in the scope of work. This is to include, but not be limited to, a proposed operational plan. i) Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms. j) Acknowledgment Letter and Disclosure and Disclaimer k) Any other documents required by this RFP. The City reserves the right, in its sole discretion, to request additional information from Proposers following review of the initial Proposal submissions. 2/24/12 RFP No:27-11/12 City of Miami Beach Disaster Recovery Services 14 of 40 SECTION IV— EVALUATION/SELECTION PROCESS The procedure for response, evaluation and selection will be as follows: 1. The RFP will be issued after City Commission approval is received. 2. A Pre-Proposal Submission Meeting with Proposers will be conducted. 3. All timely received Proposals will be opened and listed. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the RFP. If further information is desired, Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the Proposer or Proposers that it deems to be the best candidate(s) by using the following evaluation criteria: Tota[: Po1nts �Ev a` h: i afuafron Cirter�a� ., . a 35 Firm's Experience in Disaster Recovery Services 20 Qualifications of Project Team 25 Proposed Cost/Fees 10 Methodology and Approach 10 Past Performance Evaluation Surveys LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City'.s Local Preference Ordinance. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. 6. The City Manager shall recommend to the City Commission the Proposal or Proposals which he deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation and, if appropriate, approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 8. Negotiations between the City and the selected Proposer(s)will take place to arrive at a mutually acceptable Agreement. If the City Commission has so directed, the City may proceed to negotiate an Agreement with a proposer other than the top-ranked proposer. 9. The final proposed agreement(s) will be presented to the City Commission for approval. 10. If the agreement(s) are approved by the City Commission, the Mayor and City Clerk shall execute the contract(s), after the Proposer(or Proposers) has (or have) done so. BY SUBMITTING A PROPOSAL, ALL PROPOSERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY INTEREST OR LEGAL RIGHT OF ANY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID EVALUATION/SELECTION PROCESS UNTIL AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH PARTIES. 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 15 of 40 SECTION V— SPECIAL TERMS AND CONDITIONS: INSURANCE The successful Proposer(s) shall obtain, provide- and maintain, during the term of the contract, the following types and amounts of insurance, which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide: Commercial General Liability. A policy including, but not limited to, comprehensive general liability, including bodily injury, personal injury, property damage, in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy.. 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance, in accordance with worker's compensation, laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Proposer or City, and shall name the City of Miami Beach, as an additional insured. No policy can be canceled without thirty(30),days prior written notice to the City. The successful Proposer(s) shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the contract. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed contract. If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancies of Proposer(s) outside the proposed contract, Proposer(s) shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Proposer(s) shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. FAILURE TO PROCURE INSURANCE: The successful Proposers' failure to procure or maintain required the insurance program shall constitute a material breach of the contract. 2/24/12 RFP No:27-11/12 City of Miami Beach Disaster Recovery Services 16 of 40 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 peroccurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability- $ 00 per occurrence to follow the primary coverages. i XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. XXX 6. Other Insurance as indicated: Builders Risk completed value $ . 00 Liquor Liability $ . 00 Fire Legal Liability $ . 00 Protection and Indemnity $ 00 Professional Liability/Medical Malpractice $ .00 Employee Dishonesty Bond $ .00 Theft Covering Money and/or Property Of Others $ .00 XXX Professional Liability (only Applicable to Technical Assistance Services) $300,000 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the RFP number and title PROPOSER AND INSURANCE AGENT STATEMENT: I understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. If I am selected as the successful Proposer, I further understand and agree and acknowledge that failure to procure or maintain the required insurance policy shall constitute a material breach of the contract by which the City may immediately terminate same. For Proposer/ Print Name /Title Signature of Proposer 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 17 of 40 PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Printed): Address: City/State: Telephone: Fax: E-mail: Federal ID# It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to and signed by both parties. For Proposer: (Authorized Signature)) (Date) (Printed Name) 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 18 of 40 REQUEST FOR PROPOSALS NO. 27-11/12 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP. Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: No Addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Date Proposer-Name Date Signature 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 19 of 40 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this day of , 2012. The undersigned, as Proposer, declares that the only persons interested in this Proposal are named herein; that no other person has any interest in this responses or in the contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this response is accepted, to execute an appropriate City of Miami Beach document(s) for the purpose of establishing a formal contractual relationship between the Proposer and the City, for the performance of all requirements to which the response pertains. The Proposer states that the response is based upon the documents identified by the following number: RFP No. 27-11/12. WITNESS PROPOSER SIGNATURE PRINTED NAME PRINTED NAME WITNESS TITLE PRINTED NAME 2/24/12 City of Miami Beach RFP No:27-11!12 Disaster Recovery Services 20 of 40 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to [print name of public entity] by [print individual's name and title] for i [print name of entity submitting sworn statement] Whose business address is And (if applicable) its Federal Employer Identification Number(FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity.or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. understand that "convicted" or"conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 2/24/12 RFP No:27-11/12 City of Miami Beach Disaster Recovery Services 21 of 40 I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal, power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] Sworn to and subscribed before me this day of ,2012 Personally known OR Produced identification Notary Public - State of My commission expires (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) 2/24/12 City of Miami Beach RFP No:27-11!12 Disaster Recovery Services 22 of 40 QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation Joint Venture If a Corporation, answer this: When Incorporated: In what State: If a Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 23 of 40 Questionnaire (continued) Members of Board of Director: If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating same or similar business: 2. Have any agreements held by Proposer for a project ever been canceled? Yes ( ) No If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder/Proposer; or refused to enter into a contract after an award has been made; or failed to complete a contract during the past five (5) years; or been declared to be in default in any contract in the past 5 years? If yes, please explain: 2/24/12 RFP No:27-11/12 City of Miami Beach Disaster Recovery Services 24 of 40 Questionnaire (continued) 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this RFP have ( ) have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this Proposal: (If none, state same.) 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 25 of 40 Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer, and/or individuals and entities comprising or representing such Proposer, and in an attempt to ensure full and complete disclosure regarding this RFP, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include, without limitation, public relation firms, lawyers, and lobbyists. The Procurement Director shall be notified, in writing, if any person or entity is added to this list after receipt of Proposals. 9. Are there any pending discussions relative to mergers, acquisitions, partnerships, or assignment of contract? 10. Is the business entity a Miami Beach based Vendor? Yes ( ) No ( ) If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach, or documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach. 11. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? Yes ( ) No 2/24/12 RFP No:27-11/12 City of Miami Beach Disaster Recovery Services 26 of 40 Questionnaire (continued) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in evaluating and making an award pursuant to the RFP, and such information is warranted by the Proposer to be true and accurate. In the event that the City, in its sole discretion, deems necessary, the Proposer agrees to furnish such additional information, relating to the qualifications of the Proposer, as may be required by the City. The Proposer further understands that the information contained in this Questionnaire may be confirmed through a background investigation conducted by the City, conducted either through the Miami Beach Police Department or by a third party retained by the City for such purposes. By submitting this Questionnaire the Proposer hereby agrees to cooperate with this investigation including, but not limited to, fingerprinting and providing information for a credit check. PROPOSER WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Successful Proposer Print Name Address By: General Partner Print Name ATTEST: IF CORPORATION: Secretary Print Name of Corporation Print Name Address By: President (CORPORATE SEAL) Print Name 2/24/12 City of Miami Beach RFP No:27-11!12 Disaster Recovery Services 27 of 40 ACKNOWLEDGMENT LETTER Proposers shall incorporate in their Proposal the following letter and Disclosure and Disclaimer attachment on the Proposer's letterhead stationary: RE: RFP NO. 27-11/12 FOR DISASTER RECOVERY SERVICES Dear Sir or Madame: I have read the City of Miami Beach's RFP NO. 27-11/12 For Disaster Recovery Services. On behalf of our Proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. In addition, we have read, rely upon, acknowledge, and accept the City's Disclosure and Disclaimer which is attached hereto and is fully incorporated into this letter. Sincerely, [NAME AND TITLE] [ORGANIZATION] [PROPOSER'S NAME] 2/24/12 RFP No:27-11/12 City of Miami Beach Disaster Recovery Services 28 of 40 DISCLOSURE AND DISCLAIMER This Request for Proposals ("RFP") is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the RFP either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the RFP, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this RFP. Following submission of a Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this RFP. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The RFP is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this RFP, the selection and the award process, or whether any award will be made. Any recipient of this RFP who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFP is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this RFP may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the 2/24/12 RFP No:27-11/12 City of Miami Beach Disaster Recovery Services 29 of 40 date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this RFP. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. ACCEPTED: [NAME AND TITLE] [ORGANIZATION] [PROPOSER'S NAME] 2/24/12 RFP No:27-11/12 City of Miami Beach Disaster Recovery Services 30 of 40 EXHIBIT A—COST INFORMATION RFP NO. 27-11/12 FOR DISASTER RECOVERY SERVICES All prices noted in this attachment are considered baseline estimate. Actual prices that will be charged will be justified at the time a work authorization in approved. All cost must be based upon reasonable expenses for labor, equipment, material, and overhead/profit. Under no circumstances will costs that exceed reimbursable limits acceptable to the Federal Emergency Management Agency (FEMA) be proposed or approved in a work authorization. Proposers are not required to provide cost information for all line items to be considered for award. Emergency Road Clearance The contractor shall accomplish the cutting, tossing, and/or pushing of debris, hanging limbs, or leaning trees from primary roads as identified and directed by the City of Miami Beach. The debris shall be stacked on the right-of-way to allow passage of vehicles along the primary transportation routes. Compensation shall be as per attached hourly rate schedule. Hourly Equipment Schedule With Operators for Emergency Road Clearance,Leaning Trees,Hanging Limbs,and Debris Removal from Private Property(ROE) E u[ ref HJ rt .Raf4 210 Prentice Loader Self Loading Prentice Truck—25 to 40 yard dump body Wheel Loader, John Deere 544 or equivalent— 2/12 to 3 yard bucket Tandem Dump Truck— 16 to 20 yards Mini Loader Bobcat or equivalent D6 Dozer orequivalent Excavator, Cat 325 or equivalent w/debris loading grapple Wheel Loader, John Deere 644 or equivalent—3 to 5 yard bucket Chainsaw Operator with gear Supervisor with pick-up truck Safety Manager with pick-up Mechanic's Truck with tools Flagmen for Traffic Control Trash Transfer Trailers- 110 yard with Tractor Bucket Truck— 50 cubic yard bed Equipment Transports Clerical Laborers Mobilization and Demobilization Debris Removal from Public Right-of-Way As directed by City of Miami Beach, the contractor shall load haul all eligible debris to a City designated Temporary Debris Storage and Reduction Site (TDSRS) or other disposal destination. Compensation shall be provided per cubic yards. Mllea:.e - o er:Gublc Yard 0 to 15 miles 16 to 30 miles 2/24/12 RFP No:27-11/12 City of Miami Beach Disaster Recovery Services 31 of 40 I Debris Separation/Reduction and TDSRS Management The contractor shall operate and manage the TDSRS to accept and process all event debris. The contractor shall perform any site preparation, to include but not be limited to: (1) building and/or maintaining roads; (2) construction of a roofed inspection tower sufficient for a minimum of three inspectors; (3) any environmental requirements necessary to include wind control fencing, silt fencing, hazardous materials containment area, and/or water regulations. Processing may include, but is not limited to, reduction by tub grinding, incineration when approved, or other alternate methods of reduction such as compaction. Prior to reduction all debris will be segregated between vegetative debris, C&D, recyclable debris, white goods, and hazardous waste. Upon the closure of the TDSRS the site will be restored to its Pre-Use Condition. Compensation shall be provided per cubic yards. Hazardous Stumps The contractor shall remove hazardous stumps as identified and directed by City of Miami Beach. Stump removal shall include backfilling the void with appropriate fill material and hauling the stump to the TDSRS. Sf t s Qim. ns�Qr s t , , s Stumps up to 6 inches in diameter Stumps greater than 12 inches, less than 24 inches in diameter Stumps greater than 24 inches, less than 48 inches in diameter Stumps equal to or greater than 48 inches in diameter Sand Screeninq As directed by the City of Miami Beach, the contractor shall screen sand to remove all eligible debris deposited by the event. This process includes the collection of debris laden sand, transporting the sand to the processing screen located on the beach, processing the debris laden sand through the screen and returning the sand to the approximate original location. Debris removed from the sand will be colleted, hauled, and processed as ROW debris. Compensation shall be provided per cubic yards. Sand=Screenin _ Gost, e.r',Ceitiic lard Vegetation The Contractor shall remove all eligible vegetation deposited by the event. Compensation shall be provided per cubic yards. Ve a af�on Gash er G "b" 'Yard 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 32 of 40 Final Disposal The contractor shall load and transport processed debris to from the TDSRS to a final disposal site as directed by City of Miami Beach. Compensation shall be provided per cubic yards. S ` 0 to 15 miles 15 to 30 miles Technical Assistance The contractor shall provide disaster recovery technical assistance to elected and appointed officials of City of Miami Beach. This service shall include documentation and management for the public assistance program, planning, training, and exercise development. Service provided at no additional charge. Permits and Licensinq The contractor shall obtain, with the assistance of City of Miami Beach, permits and licenses of a temporary nature necessary for the execution of the scope of services. Service provided at no additional charge. Quality Assurance and Supervision The contractor shall provide sufficient supervision and programmatic controls to ensure compliance with procedural and regulatory standards established by FEMA, State of Florida, and City of Miami Beach. Service provided at no additional charge. 2/24/12 City of Miami Beach RFP No:27-11/12 Disaster Recovery Services 33 of 40 PRICE SCHEDULE FOR DEBRIS REMOVAL & DISPOSAL SERVICES item D - . . - 1 Mobilization and LS Demobilization (Lump Sum) 2 Debris Removal from CY Public Property (right- of-way) and Hauling to Temporary Debris Storage and Reduction Site (TDSRS) 0-15 one way miles 3 Debris Removal from CY Public Property (right- of-way) and Hauling to Temporary Debris Storage and Reduction Site (TDSRS) 16-30 one way miles 4 Debris Removal from CY Temporary Debris Storage and Reduction Site (TDSRS) and Hauling to Final Disposal Site 0- 15 one way miles 5 Debris Removal from CY Temporary Debris Storage and Reduction Site (TDSRS) and Hauling to Final Disposal Site 16- 30 one way miles 6 Processing CY (Grinding/Chipping) of Debris at TDSRS or Final Disposal 34 of 40 7 Processing (Burning) of CY Debris at TDSRS or Final Disposal Site 8 Pick up and Haul of UNIT White Goods to Disposal Site within County (NOTE) 9 . Pick up and Disposal of LB Hazardous Material 10 Freon Management and UNIT Recycling 11 Dead Animal Collection, LB Transportation and Disposal 12 Sand Sifting, Remove, CY Sift and Replace (Beach Re-nourishment and public & private property removal) 13 Ice (per pound, LB delivered) 14 Water (per gallon, GAL delivered) 15 Emergency Fuel e GAL Gasoline or Diesel 16 HAZARDOUS STUMP REMOVAL & HAULING TO DISPOSAL SITE 17 Material, fill dirt for CY stump holes, purchased, placed and shaped 18 Disaster event Attach Time & generated hazardous Price Materials waste abatement; Schedule Biohazardous waste abatement 35 of 40 19 Emergency Road Attach Time & Clearance Price Materials schedule 20 Debris Removal from Attach Time & Water Bodies (Bays, Price Materials Rivers, Streams, Canals, schedule Lakes) 21 Debris Removal from Attach Time & Private Property (right- Price Materials of-entry program) and schedule Public-Own Property (other than right-of- way) 22 Leaning Trees/Ranging Attach Time & Limbs/Tree-off Program Price Materials schedule 23 Demolition of Attach Time & Structures Price Materials schedule 24 Pre-event Training for Attach Time & Client Personnel Price Materials schedule 25 Tipping fees to be Actual Cost reimbursed to Cost Reimbursement contractor by City at actual cost 26 Emergency Power. Triple Shift/ Generator 5 KW Weekly 27 Emergency Power Triple Shift/ Generator 10 KW Weekly 28 Emergency Power Triple Shift/ Generator 15 KW Weekly 29 Emergency Power Triple Shift/ Generator 20 KW Weekly 30 Emergency Power Triple Shift/ Generator 25 KW Weekly 36 of 40 31 Triple Shift/ Emergency Power Generator 30 KW Weekly 32 Emergency Power Triple Shift/ Generator 35 KW Weekly 33 Emergency Power Triple Shift/ Generator 40 KW Weekly 34 Emergency Power Triple Shift/ Generator 45 KW Weekly 35 Emergency Power Triple Shift/ Generator 50 KW Weekly 36 Emergency Power Triple Shift/ Generator 60 KW Weekly 37 Emergency Power Triple Shift/ Generator 70 KW Weekly 38 Emergency Power Triple Shift/ Generator 80 KW Weekly 39 Emergency Power Triple Shift/ Generator 90 KW Weekly 40 Emergency Power Triple Shift/ Generator 100 KW Weekly 41 Emergency Power Triple Shift/ Generator 110 KW Weekly 42 Emergency Power Triple Shift/ Generator 125 KW Weekly 43 Emergency Power Triple Shift/ Generator 150 KW Weekly 44 Emergency Power Triple Shift/ Generator 175 KW Weekly 45 Emergency Power Triple Shift/ Generator 180 KW Weekly 46 Emergency Power Triple Shift/ Generator 200 KW Weekly 47 Emergency Power Triple Shift/ Generator 250 KW Weekly 48 Emergency Power Triple Shift/ Generator 300 KW Weekly 37 of 40 49 Emergency Power Triple Shift/ Generator - 350 Kw weekly 50 Emergency Power Triple Shift/ Generator 400 KW Weekly 51 Emergency Power Triple Shift/ Generator 450 KW weekly 52 Emergency Power Triple Shift/ Generator 500 KW Weekly 53 Emergency Power Triple Shift/ Generator 675 KW weekly 54 Emergency Power Triple Shift/ Generator 750 KW weekly 55 Emergency Power Triple Shift/ Generator 800 KW Weekly 56 Emergency Power Triple Shift/ Generator 1000KW Weekly 57 Emergency Power Triple Shift/ Generator 1250KW Weekly 58 Emergency Power Triple Shift/ Generator 140OKW Weekly 59 Emergency Power Triple Shift/ Generator 150OKW weekly 60 Emergency Power Triple Shift/ Generator 1750KW weekly 38 of 40 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 , Fax: 786.394.4006 To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach (City) has implemented a process that collects past performance information pursuant to the submittal of responses to Request for Proposals (RFP). The information you provide will be used to assist the City in the evaluation of Proposals received in response to RFP No. 27-11/12 for Disaster Recovery Services. The company listed in the subject line has chosen to submit a Proposal in response to this RFP. It has listed you as a past client for which it has provided services. Both the company and City would greatly appreciate you taking a few minutes of your time to complete the accompanying Performance Evaluation Survey. Please review all items in the following Survey, and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return the completed Survey to Pamela Leja-Katsaris, Sr. Procurement Specialist, on or before March 26, 2012, via fax: 786.394.4006, or e-mail Pamela Leian miamibeachfl.gov. Thank you for your time and effort. Gus Lopez, CPPO Procurement Director 2/24/12 RFP No:27-11/12 City of Miami Beach Disaster Recovery Services 39 of 40 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachF[.gov PROCUREMENT DIVISION Tel: 305.673.7490 , Fax: 786.394.4006 PERFORMANCE EVALUATION SURVEY Company Name: Point of Contact: Phone and e-mail: Please evaluate the performance of the company (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). If you don't know, please leave blank. poor performance). Please leave blank if you don't know. NO. CRITERIA UNIT 1 Ability to maintain courteous and professional service 1-10) Communication, resolution of discrepancies, responsiveness 2 of personnel servicing the account [to include availability of (1-10) designated contact person(s)] 3 Responsiveness to priorities for service 1-10 4 Ability to provide requested services within the designated (1-10) timeframe 5 Cost of services provided (1-10) 6 Experience level and credentials of assigned staff (1-10) 7 Overall customer satisfaction and hiring again based on performance comfort level in hiring this firmagain) OVERALL COMMENTS Agency Providing Referral: Contact Name: Contact Phone and e-mail: Date of Services: Dollar Amount for Services: Thank you for your time and effort. Please return this form to Pamela Leja-Katsaris by March 26, 2012, via fax at 786.394.4006 or via e-mail at Pamela Lejai'u_miamibeachfl.gov. 2/24/12 RFP No:27-11/12 City of Miami Beach Disaster Recovery Services 40 of 40 . 1. FEMA" af� R °` 1 Debris Contracting Guidance Debris removal and monitoring contracts must meet rules for Federal grants, as provided for in Title zj Code of Federal Regulations (CFR) 13.36,Procurement in order to be eligible for reimbursement under the Public.Assistance Program. This fact sheet assists Public Assistance applicants with meeting procurement requirements established in CFR.Part 13,as well as other Public Assistance Program eligibilihr requirements,when procuring debris removal and monitoring contracts. Public Assistance applicants should comply with their own procurement procedures ir accordance with applicable State and local laws and regulations,provided that they conform to applicable Federal laws and standards identified in Part 13. Contract i !i! To be eligible for Federal funding, applicants must comply with federal procurement standards as outlined in 441 CFR, §13.36, Procurement. Essential elements of the procurement process for debris remoti al and ronitoring contracts include. competition;a clear and definitive scope of work;qualified bidders(docurnented by.licenses, financial records, proof of insurance,and bonding, as applicable); a cost analysis to demonstrate cost reasonableness;compliance with all relevant local,State, and Federal requirements, laws and policies;and,clear documentation of the process/rationale followed in making procurement decisions. Federal regulations require applicants for Public Assistance grants to take the necessary steps to ensure there are opportunities to award contracts to minority, women-owned, and Labor Surplus Area businesses and firms whenever possible. This includes contracts with Iocal organizations, firms,and individuals that support response and recovery activities in a declared major disaster or emergency area. Applicants' legal representatives should review their procurement process and any contract to be awarded to ensure they are in compliance with all Federal, State, and local requirements. Procurement policies must include procedures to handle protests and disputes related to contracts awarded. FE.MA will,when requested by applicants,assist in the review of debris removal contracts. However,such a review noes not constitute upprovaL D 7C TRY FACT SHEET ON i ! DEBRIS CONTRACTING GUID-4 NCE In order to ensure that debris removal and monitoring contracting costs are eligible, applicants should: ❑ Use competitive bidding procedures to meet procurement requirements for Federal grants, as established in 44 CFR 13.36,Procurement. ❑ Only use abbreviated emergency procurement procedures that include an expedited competitive bid process if time does not allow for more stringent procedures and if they are allow=ed under State or local laws,codes,or ordinances. ❑ Provide a clear and definitive scope of work in the request for proposals/bids. ❑ Require bidders to provide copies of references, licenses, financial records, and proof of insurance and bonding. ❑ Ensure that debris removal_or monitoring contract costs are reasonable and necessary as defined and required by ONTB Circular A-87 and-^_-4 CFR Part 13. Competitively bid contracts that comply Wnt i Federal, State, and local p-rocureme'rtt regulations and procedures will establish reasonable costs for the work. ❑ Complete and document a cost analysis to demonstrate price reasonableness on any contract or contract modification where adequate price competition is lacking, as detailed in=4 CFR 5 13.36(f). See Attachment 1,Debris Removal Contract Cost Anal Sis, for guidance on completing a cost analysis. is Cost Analys Pursuant to 4-=I CPR § 1336, Procurement., Public Assistance applicants must complete a cost analysis for any contract or contract modification where prate competition is lacking. Failure to complete a cost analysis may jeopardize FE4L•A Public Assistance grant.funding. Applicants are encouraged to complete a cost analysis using the attached Debris Removal Contract Cost Analysis, Applicants are also encouraged to file documentation supporting the cost analysis with all associated contract documents. Upon request,FEhLA will provide guidance as necessary in the cost analysis process. Such a review does not constitute approval when determining the eligibility of costs for reimbursement under FEMA's Public Assistance Program. ! Standby Contracts Applicants are encouraged to pre-qualify debris removal contractors prior to an event and solicit bid prices from this Iist of contractors once an.event has occurred. to ensure competitive bidding and obtain reasonable market prices at the d.rn.e of work performed. The solicitation for pre-qualifying contractors ' .red s Mision ' DEBRIS CO ' -ACTING GUIDA CE o- should adequately-define in the proposed scope of work all potential debris types, anticipated haul distances, and size of events for which a contract may be activated. :i � S Y wa 'n g J All debris removal contracts must contain the following provisions: ❑ All payment provisions must be based on unit prices(volume or weight). Payments based on time and material costs are limited to work performed during the first 70 hours of actual work following a disaster event. , Note: FENLA will typically only reimburse applicants for a time and materials contract for eligible debris clearance during the first 70 hours following a declared disaster. After 70 hours of work, the applicant should have sufficient information on the scope of work necessary to complete debris collection and disposal, and a basis for estimating a reasonable cost for the contract work to effectivei;v solicit a lump sum or unit price contract. For some types of debris work time and materials contracts maybe the most cost-effective and best suited to the type of work. Applicants should work closely ZtiTitl-h the State and FENIA.when awarding such contracts to ensure el.igib.iL'=ty requirements are met. ❑ Payment Will be made only for debris that FEM,A d.eterrrdnes eligible. (This is an optional provision to protect the applicant.) ❑ Contractors must submit invoices regularly and for no more than 30-day periods. ❑ A "Termination for Convenience" clause allowing contract termination at any tirne for any reason. ❑ A time limit on the period of performance for the work to be done. ❑ A subcontract plan including a clear description of the percentage of the work the contractor may subcontract out and a list of subcontractors the contractor plans to use. ❑ A requirement that the contractor use mechanical equipment to load and reasonably compact debris into the trucks and trailers. ❑ A requirerent that the contractor provide a sale working environment. ❑ A requirement that all contract amendments and modifications will be in.writing. - SHEE DEBRIS CONTRACTING GUIDANCE _F ❑ A requirement that contractors must obtain adequate payment and performance bonds and insurance coverage. Debris b i # ! . r Applicants must monitor all debris removal operations. Applicants must document all eligible debris removal expenses as a condition of receiving Public Assistance funding. Applicants may use contractors to monitor their debris removal operations. In addition to the guidance provided above, applicants should consider the following when procuring debris monitoring contracts: ❑ Debris monitoring contracts must be competitively procured as required by 44 CF.R§13.36, Procurement. ❑ Debris monitors should not be employed by or affiliated with the debris removal contractor. ❑ Debris monitoring contracts are typically time and materials contracts and must contain a not-to- exceed clause,pursuant to 44 CFR§13.36, Procurement. ❑ The contract should include a requirement that the contractor provide a safe working environment, including properly constructed monitoring towers. ❑ Use of a load ticket system to record with specificity (e.g.,street address,GPS coordinates) where debris is collected and the amount picked up,hauled, reduced, and disposed of. ❑ Debris monitors should be trahned and possess skills adequate to fulfill the duties of the job. Labor rates should be commensurate with the skill level required by the job function. Professional engineers and qualifications are not required to perform monitoring duties. ❑ The contractor should. demonstrate that its staff is familiar with FEMA debris removal eligibility criteria. Avoidance fe.."Ie ❑ DO NOT: Award a debris removal or debris monitoring contract on a sole-source basis. ❑ DO NOT: Sign a contract(including one provided by a contractor)until your legal representative has thoroughly reviewed it. ❑ DO NOT: Allow anv contractor to make eligibility determinations; only FENIA has authority to make final eligibility-determinations. M MM M MURK, s DEBRIS CON 1 .ACTING DA.NC El DO NOT: Accept any contractor's claim that it is "FE-MLA certified." FENMA does not certify, credential, or recommend debris contractors. DO NOT: Award a contract to develop and manage debris management sites, unless the debris sites are part of your approved debris management plan or you contact the State or FEMA for technical assistance concerning the need for such an operation. Temporary Debris Storage and Reduction sites are not always necessarv. ❑ DO NOT: Allow separate line item payment for stumps 24 inches and smaller in diameter;you should treat these stumps as normal debris. r'1 DO NOT: "Piggy back" or utilize a contract awarded by another entity.. "Piggybacking" may be legal under applicable state law;however, the use of such a contract may jeopardize FEMA funding because these contracts do not meet requirements for competition established in 44-CFR§ 13.36. If an applicant requests rei.-nbursement for costs it incurred from a piggvbaek contact,FEMA will determine the reasonable cost for the performance of eligible work. 17 DO NOT: Award pre-disasteristand-by contracts with mobilization costs or unit costs that are sio,nificantly higher than what they would be if the contract were awarded post-disaster. Such contracts should have variable mobilization costs depending upon the size of the debris work that may be encountered. DO NOT: Allow for markups due to errors in volume calculations. 17 DO NOT: Allow for miscellaneous items, or for contract contingencies of any kind, including 1lup1mo`iyTns." See Attachment 2, Debris Operations Contract Bid Slieet, fo.r additional guidance on debris contracts. { Deborah Ingram' 1. Date Acting ig Assistant AUrninistrator Recover,Directorate A ttach.me.nts(2) �Q_AA y� FEM. rxmCOVERY I ? �� F• v FE rN, FACT SHEET 9580e201 ATTACHMENT 1 • Debris Removal Contract Cost Analysis This guidance is intended to assist Public Assistance applicants in complying with the requirements of 44 CFR Part 13.36, Procurement, For debris operation contracts or contract modifications where adequate price competition is lacking. When i # Anajy�.is Applicants should complete a cost analysis when one of the following conditions applies: • The applicant has not received two or more priced bids from responsible bidders after soliciting a number of sources; • Services can only be provided by a single source; • The awarding agency authorizes noncompetitive proposals; • 'The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;or • The procurement is a contract modification or change order. General. Contract In order to conduct a cost analysis, applicants should request cost documentation from their debris contractors. This documentation should contain a detailed breakdown of costs for each item of work activity and information on how the contractor arrived at its costs, including, but not limited to: • Number of labor hours, • Labor rates, • Materials(types, quantities, and costs), Equipment hours, • Equipment rates, or • Unit costs Applicants are encouraged to verify the mathematical accuracy of the cost documentation by recalculating the contractor's cost figures. Applicants should also review the proposed contract's scope =zm REC ® o MW ATTACHMENT 1: Debris Removal Contract Cost Analysis of work for cost reasonableness to ensure that the proposed scope does not fall under an existing con tract. Applicants should ensure that the contract does not use prohibitive contracting methods per 44 CFR 13.36(f)(4), including: 1. Cost plus a percentage of cost--this is a contract that provides a specified percentage profit over and above the actual costs of construction;and 2. Percentage of construction cost. Labor Rate ' 4lysis Applicants may determine the reasonableness of labor rates by: 1. Comparing the proposed labor categoryr rates with the labor rates in another contract that was competitively bid; 2. Matching rates for each labor category to an acceptable source(e.g. RS Means); 3. Verifying that the classification of each worker and skill level proposed in the contract are reasonable and necessary- for the scope of work. For example, a contractor should not propose using an experienced supervisor rate or worker with professional qualifications for work that can be done by a loan skilled laborer(e.g., using a professional engineer for debris monitoring). In this case, the supervisor tabor classification is unreasonable and should be adjusted to the appropriate labor classification that is more commensurate with the type of work being performed;and -4. Verff ing that the proposed number of labor hours are reasonable for the scope of work. Eq�i Rate s _p!!�ent Applicants may determine the reasonableness of equipment rates by 1. Comparing the proposed equipment rates with the equipment rates in another contract that was competitively bid (if a change order, compared rates to the original contract); 2. Comparing the proposed equipment rates to FEV1A's Schedule of Equipment Rates, available at www.fema.gov; 3. Matching equipment rates for each piece of equipment to an acceptable source(e.g., EquipmentWatch); 4. Verifying that the type of equipment proposed is reasonable and necessary for the scope of work; 5. Verifying that the number of units(normally hours) of equipment usage necessary to complete the work is reasonable considering the specific scope of work; and 6. Verifying that there are no contract provisions for the following items with regard to the Tr epared Rr Pub Division Page 1 of ATTACHMENT 1: Debris Removal Contract Cost Anal sis proposed equipment costs: • Mobilization costs • Standby costs Urnot Rate Anoysis Applicants may determine the reasonableness of unit rates by: 1. Verifying that the unit of measurement(i.e.cubic yard, weight, each,etc.)is appropriate for the scope of work(if the contractor quoted a unit rate price);and I Comparing the proposed unit rates with similar rates in another contract that was competitively bid (if a change order,comparing rates to the original contract). 'Materials and Sumfies ysis Applicants should review the materials and supplies included in the contract proposal and ensure that all costs are reasonable. CO ' O Volume In some circumstances,a contractor will include debris volume estimates in support of its proposed costs. Contractors develop these estimates usi.ng aerial and ground assessments, forecasting and estimating models(e.g., USACE hurricane debris models and photographs), side scan sonar and other methodologies. Applicants should request hard copies of volume estimates and all supporting documentation in order to determine if the methodology that the contractor used to estimate debris was an acceptable and reasonable methodology. Applicants should also verify that the volume estimates are reasonable and accurate. Price AnahYS is for ! i ' Contracts Applicants are required.by 44 CER Part 13.36(f)(1) to perform a price analysis in all other instances(i.e., for competitively bid contracts when price competition is adequate), to determine the reasonableness of the proposed contract price. Price analyses may incorporate an evaluation of: historic documentation for similar work-average costs for similar work in the area;published unit costs from the national cost estimating databases; and FETNIA cost codes, equipment rates, and engineering and design service curves. upon request, FEMA will assist applicants in the review of these contracts and.provide guidance as necessary. wep ued Public Asdsance • ' Of age -ARTY '0 FE 5 '-*' 0 2 1 8 U E M FACT H, E, A`0' w'd A 'a C` 1`1 r M E N -1"'T 4 0 Debris Up-111'erations Ove Public Assistance applicants may use the following debris operations bid sheet as a template when issuing requests for proposals and soliciting contract bids for debris removal work_ Use of a standard bid sheet will hel:p Public Assistance applicants to compare and analyze bids, resulting in a more effective procurement process. The hid sheet serves only as a wide for soliciting requests for debris removal services;use of the bid sheet is not-a requirement for Public Assistance funding. Please refer to the Debris Operations Contracting and Cost Analysis (Attachment 1) for guidance on complying with procurement requirements established in 44 CFR Part 13,Procurement. i � m ' i , The debris operations bid sheet is presented on the next three pages. The remainder of this section is intentionally left blank._ LLJ- _ Gt "GQ.��i1(n•, dy Jt a'"r'#��ati x` tY-�� #{..1 L. xa �,y � � �`' i`t 7�s.l<ri�]•3'_�da' �� K � 4� �,t d"z��. , Q , a c,':� "'• e�' � `�"fig �9 -�1�`.f".,�.'��"ri. w,$r•� '�.tea"'}� ash y� dEt^° `�.. .�- - 'f FIEMA�. 'cf LJ- � a f +**£ � s s�.��•r � o c xF � S�° � �{ a �. eA ��,i 1 �. a `'t''' v1 s a Y_ o•- `1` `s fiy� ;,•- ¢ ✓• ..'S v f y`r _i-'r'�° ,".'� s�',fit.„ eb y,.. 41. 'F s •r_ L.Yr s r K ;- 1gp. �. '' �-•4 yak• 'r•'�"x 8uo201 t F >nG'� .�, "' _>-„ S .,r�,ry-_'�, � �'.F Y'�' •,: �s.°��,` �.5�. ,its= '� _ _� � 3•� .�� '£ r`��' �._ T � ' �� 5�=�t.'„S•• ��.�. I T T A' " AC.L jLMENI 24) �1 0 ,L.Cratiollills 1--#ebris . ° . yet ;i �t �,-:� �1T F'y+y g ,� -,.� ✓ 4 y..S"-s 5._-., �€ �'1`t M-zs. 'Y`,s"T .-.a'�A tom.-+rat.. ,c i 3a.-1 Th Y -� - -� it- ,z P-- t�t '- �n - ^:} ./yk�� y;��,//y ,/¢_��sy��? . •t - �s 5' '-1�Z-. f '� --''.0+T 1n'�'4 .f, .M %(` n t 7 V iWRif'iP43,JC•J -- !1 3�?11r 'Y{1 �1 .k.f J 4 .. r r s }3 Z rw "Y SAMPLE Estimated Total SAMPLE Category SAMPLE Field Name and Description Unit Cost per Unit Units Total 0-15(Niles Veg from Right of Way(ROW)to Debris `k�� Ltanagement Site(DMS) C f S r Vegetative collect and removal for a haul distance up k rya 15-30 Miles Veg Tom ROW to OMS Vegetative collect and removal for a haul distance up CY between 10"and 34 milescF � i ra r r f x s..�+..•. .4.- ..r 31-60 Miles Veg Iran ROW to DMS < '� � "•', .�� r, ,� -�, � ,� i : Vegetative Collect Vegetative co;/ect and removal for a Haul distance CY and Haul � � 1 Y between 31 and 60 miles E0+Miles Veg Tom ROW to DMSs y Vegetative eative collect and removal for a?lain distance C�( greater than 60 miles ' Single Price Veg from ROW to DMS °t !: l - .. ,- q I A single pr,"ce vegetative collect and rematral fcr any CY ��sx pt i"A haul distance Grnding $r a, Grinding/chi;ping vegetative debris r ° Air Curtain Bunning CY . � Air Curtain Bt;ming vegetative debris � y�� , t � Own Burning 7 xt� a a v 1'��3rE3gem£r3tdfli� CY 6 - ,, Ffi agem nt . Open gufnmg vegetative debris E �z x � �_}u �4 6 k � � Compacting CY Compacting vegetative debris i Debris Management Site Management 1 Preparation, management, and segregating at debris CY f SX y b'Y J . management site I 0-15 Miles C&D from ROW to DMS C&D collect and remoaai for a haul distance up to 15 CY mile$ c-�, _v._ e. K s s c *; ° 16-30 Miles C&D from ROW to OMS C&D collect and removal far a haul distance between CY - ""s �tt3. l 15 and 30 miles 31-0 Miles C&D fiom ROW to OMS C&D Collect and x C&D collect ar---d removal for Haul distance between CY x 31 and t;0 miles ' 6(3+Miles�,.t�a0 Tern ROW to D?CIS C&D collect and removal rOr a haul distance gn:ater CY i than 6i0 miles Single Price G&D`rom ROW to DMS k " A single price C&D collect and removal for any haul CY ati ', • .SF v distance Ti-itiS SA..N1PLF BID SHEET IS 1NTFNDED FOR INFORMATIONAL PURPOSES ONLY. UT SHOULD NOT BE St!BMI'l-TED'rO FEMA. l f, ..,a-.--7 r �,s,f q r� r ! r _� ��-, �,i,F�.',�J .(-..�'�L.�;� J//0��1,]�r,� '�`'� ''X+( 1 i�" Ar�t�� S',-.r. ��, �� , Y ' '='F2}} •c.� xwi�.. ATTACHMENT 2. DEBRIS OPERATIONS CONTRACT BID SHEET 1 1 0-10 111i1es finm DNiS to Final Disposal ; ! i ran5 crt rGCessed debris from D, P p = �'� CIS is final die sal f CY 0-15 Wiles I r• l i 16-30 Miles'rcm DMS to Final Disposal i rarsper:processed debris from DAWS to finaf disposal CY 1S-30^riles ` 31-60 Miles`cm DMS to Final rars-crr processed debris from DAYS to final disposal' CY 3-1-60 Miles 60=Miles ff om OMS to Final Disposal Transport processed debris,rem DPAS to final disposal CY Miles 80+.r'iles Final Disposal ; i Single Nice,F cm D8S 4 o Final D i socsal � - - > . d A single r ice transport of processed reon s from DMS C Y ��.�.... _ t. .v {u� � - { tc final disposal y <•w Tipping Fees(Vegetative) V r=ee includes negotiated contract prce or pass through CY amount ror vegetative Tipping Fees(Mix) 5 i^°p includes n2gQftatad CCr?t;aC?price or pass tf ri7L'Qr CY w amoun%for!1,JX -, r Tipping Fees(C&D) < ;h ree inch des negotiated contract trice or Gass through CY ? Y`, vj4 ° amount for C&D Hazardous Trees 6"-12" Tree Pazardous to e rT'mwal for a 6-12 inch trunk diameter k � Hazardous Trees 13"-24" 1 Hazardous tree remmal frr a 13-24 inch trunk � Tree diameter Hazardous Trees 20"-3c' 1 ' i H8Z3rdOi S flee'removal for a 25-36 inch trip;; Tree diameter Hazardous Trees 37-48" Hazardous tree re roval fcr a 37-46 inch;runic Tree '# diameter ( `I 1 t lHzzardous Trees 49' s � 4 Tree Operatiom I Tree 4 r I s s Hazardous tree mmaval for a 49-inch trunk diameter � Trees pith Hazardous limbs>2" s f f t Tree I Hazardous hanging limb rernovQl s T Hazardous Sumps>24'-3 Hazardous s tura r m avai for a 2#-d6 inch_t .m o S to m - ,- 1 diameter j d r r Hazardoous Sumps>3T-48" r I Stump Hazardous stump mmcval 3748 inch stump diameter ( Hazardous Sumps>49'; ' Stump Hazardous sump removal 49¢ir:ch stump diameter- y 1 Stump Fill Dirt ; --" i Fill dirt for stump holes after removal CY ' � 1 :i 4 i i i Fills SAMPLE BID siiu-r is ftiTENDED FOR LtiFOR IATIONAY, PURPOSES ONLY. IT SHOULD NOT BF Sl'BmiT`;<u)"i'O FEMA. 4 1 3. ': '',.«3- �m-;1 --. y.;o. ,:_r,u''�• �- -vg'ari::r3 ;•a w. s'.;,a r �, {. "_i'.�, ".� a- -�_, -: ',,.. ,�.� �� 4w x? „Y�. �• .-�r .�;a;ti '�•sJ: �`_ _ �" ,u��,r��:.., > 'u ,�� a.<-'� �?-�' � .><° 3 f`Q"'�f ' "'r"�•,4,,,:• z_ +s't r'74.,0•�� -xS .y r�'--• ,,rte �- E S3 - � ..' -F� ,q sr`� .C. s '�i v r J t�"�o ;�, -- ;. s., ,: ,.�. �v- ,-'�.• �.. •'� -,tiff.+.r pt..€- Y�,�#'� 3i- t�� ter- s '��.:yt-. � ATTAC,11I ENT 2: DEBRIS OPERATIONS CONTRACT BIER SST Waterway+Dettis Remo�zl Debris Removal rrn canals, rivers, creeks, Strums, ✓f and ditches Sand Collection and Screening i✓ .1-- �'�. � ..-,s of y�z.s=�-,.vr .� 'tas E�'T s#,d"'�'a.t �' Pica up, screen, and r?tum debris laden CY � � sand'mudidir.`rocx .,r . Vehicle Remo,ai Removal of eliQible vehicle Unit .'r!'„y._. a.�-.a:.V./�.d ,• '_.,T."X -��—.""' ,t5+e.-.^4. 'Yi-..:v Tg`S', Vessel Remo,.,al(Land:; ! r ,Q� AN, Removal of eligible vessel i � Vessel Remo�val(Marine) LF Removal of eligible vessel from s+atervi2y � 7w Carcass Ramor�ii Removal of debris that 411 decompose-,'animals and Pound - organic fleshy matter Z 3i c i �� fi ; ❑� a 1 ROW White Goods Removal Unit Pick up and Haul aF'+"+317!!e gCCfjS to disposal site �F . .. f.s .r-a ,.. Freon Management Specialty Removal g unit Freon management and rec yciing Demolition of Pri,,ate Structure �J C f Eiectronic Waste ��r�x �� F��"i�v % at Removal of electrur'ic debris that crintal,^,hr?ZardGLS 5 gW materials,such as cathode ray topes. includes Unit computers monitors and televisions. Silt Remrnef s f x s tiYz C«-:ors. Putrescent Remo\el Removal of debris that wrll decompose or rot(animals and organic fleshyma iei) Removal of:este Capable of causing infection to Pound humans(animal vYaste,Yuman blood pathological � s�4 x��7s s � �}an - R Household Hazardous Waste(HHW1; t Pound t Hh'iV removal and disposal BeachiLake Resto:at;or. x:S a �srrr r x z g BemiBeach Construction Canal Shoreline Restoration va ' i Debts Management Site Debris Monitors Hour Oebris Collection Site Debris Maniacs(Field Monitors) Hour - S,Tech niciarYField.Supervisor Monitoring Hour y #3 r Clerical Staff r fY & ate= Hourls Clerical Supervisor �y Hour t r 1`1 SC 1 . s Ji a z s sv.A Total i i a Tms S,vN1PLE Bw snEr.r tS T\YENDED FOR i f('OR.NIA 'ION.;kL PURPOSES ONLY. IT SlIO LD tiOT B-F sL ,"li,rr4;D-ro FEMA. i D&J Enter prises., I 3495 Lee Road 10 Auburn. Al 36832 (334) 821-1249 WWW.Hum*canerecovety.com it P Request for Proposal DISASTER DEBRIS MANAGEMENT Miami Beach RFP-27-11/12 f "IN CORP 'ORATE F� City of Miami Beach City Hall; Procurement Services-3rd Floor Miami Beach, FL 33139 305-673-7490 COPY Bid Due: March 26, 2012 3:00 PM SUBMITED BY: D&J ENTERPRISES INC. 3495 LEE RD-10 Auburn, AL 36832 Contact: Jason Sanders Email: distorm4(a:,gmail.com Phone: (334)821-1249 D & J Enterprises - Table of Contents RFP— Disaster Debris Removal & Disposal for Miami Beach TABLE OF CONTENTS Page #'s TAB 1...................SUBMITTAL LETTER (1-2) TAB 2................... QUALIFICATIONS & EXPERIENCE (3-8) TAB 3................... KEY PERSONNEL WITH PAST PERFORMANCE (9-21) TAB 4....................COST PROPOSAL (22-30) TAB 5....................FINACIAL STABILITY (31-59) TAB 6.................... REFERENCES WITH LETTERS (60-72) TAB 7.....................METHODOLOGY AND APPROACH (73-97) TAB 8.....................REQUIRED SIGNED DOCUMENTS (98-112) i 1 1 t I D&j Enterprises - Submittal Letter March 23rd, 2012 i i City of Miami Beach City Hall; Procurement Division-3`"' Floor 1700 Convention Center Drive j Miami Beach, Florida I 305-673-7490 i i Re: RFP Emergency Response, Debris Management& Recovery Services RFP#27-11/12 Gentlemen/Madam: I i It is with great pleasure we extend this proposal of services to meet the proposal requirements of Miami Beach's RFP for Disaster Debris Removal and Disposition. Within this proposal of services is our ' dedicated effort to meet all proposal requirements and provide the requested supportive ( documentation and information to be utilized in the evaluative criteria. i I D & J Enterprises, Inc. is a full service contracting firm marking our fortieth anniversary of hands on I experience as a prime contractor for Emergency Recovery Services, with specific focus on debris f removal, reduction, disposal and management following natural and man-made disaster events. Since E we performed our first emergency debris removal and clean-up project following Hurricane Camille on 1 1 the Mississippi Gulf Coast 1969, the company has become a major contractor in the field of debris I management and has performed over 225 separate, federally declared disaster response contracts I throughout the continental United States, and US territories and protectorates in the Caribbean and i Asia. Debris recovery projects completed during this forty (40) years total over $400,000,000, at times employing over 600 employees, 500 subcontractors,and 2,000 trucks daily. ' D&J Enterprises, Inc. was the United States Army Corp of Engineers prime contractor during the Hurricane Rita mission in 2005. D&J was tasked with loadin g, haulin g, reducing and recycling over 4 million cubic yards of disaster related debris. The forty years of experience in disaster and debris management field have enabled the company to not only develop trained employees with understanding of the expectations and skills necessary to respond quickly and efficiently, but also to develop a network of reliable relationships with experienced 1 subcontractors and suppliers throughout the Southwestern, Southeastern and Atlantic Coastal United f States. i D & J Enterprises, Inc. enjoys an excellent reputation for competent, timely and cost effective I performance among officials of Federal, State, County, City and Private entities for whom we have performed disaster response and recovery services. During this same time period, the company's civil I i� I 1 Miami Beach ! Proposal for: i C-Q Debris Management I RP D&J Enterprises - Submittal Letter (continued) i construction division has continued to grow and prosper and enjoys a reputation as one of the top civil contractors in East Central Alabama. D&J also owns a temporary debris storage, separation, reduction and disposal facility that operates year-round providing debris separation, reduction, recycling and disposal services to State, County, City and other local private entities since 1997. This year-round facility is operated by 15 employees trained in handling separation, reduction and disposal of materials such as construction and demolition debris (C& D), vegetative debris, metals including white goods, and incidental Household Hazardous Waste (HHW). This facility allows D&J Enterprises, Inc. to constantly train personnel in the methods of debris separation, reduction, recycling and disposal during periods prior to the occurrence of a disaster event. f D&J owns a number of pieces of equipment essential to debris reduction and removal including three (3) r Diamond Z model 1463 tub grinders which it operates year around. D&J has also provided many disaster i ancillary services for many storm related jobs, such as but not limited to; base camps, generators, potable water, bagged ice, portable toilets and mobile command centers. 1 D&J hereby certifies that it has not been prohibited from doing business with any governmental entity for any reason within the past ten years and is not operating under Chapter 11 or any other financial restraints that would preclude our ability to enter into equipment leasing or rental agreements. D&J understands the Scope of Services set forth in the proposal. i D &J Enterprises, Inc. I 3495 Lee Road 10 Auburn,AL 36832 Ph: (334)821-1249/Fax: (334) 821-5227 Cell: (334) 559-0 06/ciLrrn4Pgrnail.com r - r Sin rely r r Jas n So /r erg�n Operations Manager I 1 i f i 2 i & J. i I E LIP �RPg D&J Enterprises -Qualifications & Experience INTRODUCTION I In 1969, Hurricane Camille, one of the most fierce and devastating storms in US history, i slammed Corpus Christi, Texas and the Mississippi Gulf Coast and offered D&J Enterprises, then a civil construction company known as Starr & Sons Contractors, the opportunity to expand its f` operations by responding to the disaster with much needed resources. In 1987, Richard D. Starr and James L. Starr formed D&J Enterprises to continue the family enterprise and its tradition of excellence. Since that time D&J has continued to develop and grow its debris management division and has now become one of the leading contractors in its field. f s D&J's Experience is irreproachable and no other disaster contractor can make the following distinctions: ® Forty (40) years of disaster recovery and debris management experience ® Performance in excess of 225 separate disaster response contracts totaling over$400,000,000 z ® At times employing as many as 600 employees with 500 subcontractors on a single contract Managing as many as 15 contracts simultaneously f US Army Corps of Engineer — USACE Primary contractor for 14 counties I including 4 major municipalities within the State of Texas following Hurricane Rita 2005/2006 D&J over the years has developed a vast network of relationships with professionals, subcontractors and suppliers that can muster all the resources needed to respond to a multitude of disasters in a manner that will assist communities with quick response and recovery. Pre-planning for events is a vital and integral part of disaster recovery operations; D&J incorporates "readiness" into our operation plans for unforeseen events, incorporating the capability to have key personnel on the scene within a few hours of such occurrences. The s disaster response p path has lead D&J through clean-up projects resulting from hurricanes, i tornados, floods, ice storms, snow storms and earthquakes, all of which have contributed to the wealth of knowledge and immeasurable experience that continuous) g p y improve operations and G r I I E i 3 Miami Beach Proposal for: Debris Management D&j Enterprises - Submittal Letter (continued) performance. D&J's active role as a disaster recovery leader year round allows us the privilege to continually train and educate employees and subcontractors for top performance and adherence to ever evolving FEMA guidance and-policy. a During the four decades of disaster recovery and debris management service, D&J's Civil Construction Division has also grown and prospered... earning the reputation as one of the top t civil contractors in east central Alabama. Two other corporations owned by Richard D. Starr and James L. Starr complement its debris management services: Sand Hill Recycling Center, Inc. a debris storage, separation, reduction and disposal facility that operates year-round providing services to state, county, city and other local private entities since 1997 and doubles as a training facility in the methods of debris separation, reduction, recycling and disposal during periods for personnel prior to the occurrence of a disaster event. and Tara Leasing and s g Sales, Inc., a heavy equipment company. I i j While disasters are known to have devastating impacts on communities, survivors boast stories of how they also bring people together. The D&J family feels proud to be a part of that reunion... as they continue to build their tradition of excellence. TASKS PERFORMED IN DISASTER RECOVERY AND DEBRIS MANAGEMENT PROJECTS: Phase I - Debris Rights-of-Way Clearance Loading and hauling snow and ice ➢ Loading and hauling sludge and mud ➢ Vegetative debris removal from rights-of-way C&D debris removal from rights-of-way Operating temporary debris storage and reduction sites (TDSRS / DIMS) ➢ Receiving, sorting, screening, separating and recycling debris i Removal and disposal of hazardous waste Vegetative debris reduction by grinding: •t � f j f 4 Aliami Beach Proposal for: Debris YVfanagement R_P D& Enter ris J p es - _Submittal Letter (continued) o Advantage: Recyclable and second use options include: i paper mill feed stock, boiler fuel, agricultural mulch Vegetative debris reduction debris by open burn and air curtain I incineration: i o Advantage: 95% reduction rates are obtainable ➢ Loading, hauling and final disposal of sorted debris to either LCID f or Subtitle D landfills I Site restoration and re-vegetation I Sand screening and beach restoration I Buildin g demolition Site preparation for temporary housing { ➢ Base Camp and Temporary Facilities for Local Governments and i Response Teams i t Stream clearing and cleaning Earthen dam repair r ➢ Flood clean-up and emergency roofing { Contract Management j ➢ State of the art Accounting System I i i I SEGREGATION OF MIXED DEBRIS f i Although every effort will be made to segregate debris on the right-of-way before loading, debris may I be mixed and some loads are so co-mingled that they are classified as mixed debris loads. These loads } will be directed to the area defined on the site plan as the "mixed debris" pile. This material will be sorted and separated by machines with grapples and "thumbs" and by hand labor and placed I appropriately into the C& D, Vegetative, HHW,White Goods, and Metals piles. k C & D Debris is non-burnable, non-recyclable debris that will eventually be delivered to a landfill. Samples of this type of debris include mattresses, clothing, household garbage, concrete, asphalt, f � 5 Miami Beach Proposal for: i v1 Debris Management � Pg D&J Enterprises - Submittal Letter continue z metals, plastics, manufactured furniture, building components,etc. Some C&D, if well separated,can be t reduced by grinding before landfill, reducing the cost of hauling, tipping fees (if charged by volume)and loss of landfill space. Additionally, segregated metals and other recyclables may have value if well separated and cleaned. i Vegetative Debris is burnable debris and can be reduced by either incineration or by chipping/grinding. If reduced by incineration, the estimated reduction rate is 95%, with only the remaining ash residue ! requiring disposal. If reduced by chi pping/grinding, the reduction rate is estimated at approximately 60%-75%, however, the by-product, mulch, can be recycled. The vegetative debris may become mixed with earth materials such as dirt, gravel, rock, or sand during the disaster. Root rakes are employed to shake and separate the brush and vegetative debris before it is reduced. Sometimes shaker screens or trammels are necessary to separate the earthen debris before reducing. i i Household Hazardous Waste (HHW) is debris such as household chemicals, pesticides, unidentified E liquids, paint, batteries, etc. As mentioned earlier, the primary E p ry goal is to separate this material on the j curbside and pick it up separately by a designated HHW crew. These items should be separated at curbside and delivered to the collection points designated by Hillsborough County. However, in the 1 event that HHW inadvertently becomes co-mingled with other debris and enters the site, when s discovered it is separated from the other debris and placed into a Hazardous Containment area on the site for further disposal by those licensed to handle and dispose of this type of debris. White Goods refers to items such as refrigerators, air conditioners, freezers, etc. which may contain chemicals or fluids such as Freon or oil, which must be remediated by someone with the appropriate license and certifications to do so. These items should be separated at curbside and delivered to the i collection points designated by Hillsborough County. If however, they are brought to the site for temporary storage, they will be contained in a separate staging area so that they may be inspected and properly cleaned of all chemicals or fluids. f Metals will be separated at the curbside and delivered to a separate staging area at the Temporary Debris Staging and Dump Site unless directed otherwise by Hillsborough County. These items may be recycled. f Submittal of Site Plan and Construction of DMS / TDSR Site After the assignment by the government agency of the DMS/TDSR Site, a physical review of the ( site will be made by the OM, and the company's Site Manager and Representatives of the Government Agency. Within 12 hours of the location and inspection of the site, a site plan will be submitted by the D &J to Hillsborough County for approval.The Site Plan shall be patterned after the model provided in this RFP and, at a minimum, will reflect:(1)Access to the site (ingress, egress) (2) Site preparation-clearing, i i I I 6 Miami Beach Proposal for: Debris Management f D&j Enterprises - Submittal Letter (continued) erosion control and grading, (3) Traffic control procedures, (4) Safety, (5) Segregation of debris, (6) I Location of ash disposal area, hazardous material. i D&J Enterprises, Inc. ability to establish and operate multiple DIMS sites is .evident in its past performance. For instance, D&J was tasked by the U.S. Army Corp of Engineers in the State of Texas as their ACI Debris Contractor after Hurricane Rita. D&J handled over 6 million cubic yards of debris at 23 DMS sites,simultaneously. D&J's 223 full time personnel allow us to place experienced and seasoned personnel at multiple locations at a moment's notice.These key personnel are capable of setting up and operating a DMS that accept hazardous materials, hazardous waste, bio hazardous waste, dead animals and hazardous ## stumps. f I PPDR and Right-of-Entry I D&J has worked on multiple projects involving Private Property Debris Removal programs. D&J I i € is currently involved with the US Army Corps of Engineers with a PPDR program for the affected areas of the North Alabama 2011 Spring Tornadoes. D&J was tasked with the PPDR program for 23 separate municipalities in the devastated region of North Alabama. D&J has currently removed 413,000 cubic yards of debris under the US Army Corps of Engineers program. i f I Community Relations As on all projects, D & J, Inc. will establish a field office with local address and telephone so that the general public may contact the company at any time with any complaints, request for employment or comments. In addition a sign will be erected at the entrance to the company field office which will reflect the company's name,address and telephone number. i A "hot line" telephone number will be established and manned by D & J personnel to record any complaints or comments from the public. A daily log of all calls received will be kept by the person receiving the calls. All complaints are logged daily and a copy of these complaints will be provided to the Government Agency Daily. A separate record of each individual complaint will be maintained on file ( which will contain at a minimum,the following information; I i) Date of complaint, ii) Name, address,and telephone number of Complainant, iii) Nature of Complaint, E I I i 1 7 Allam! Beach Proposal f or: Debris Wanagement I tA r' R PR D&J Enterprises - Submittal Letter (continued) iv) Date of occurrence of Complaint, v)Action Taken, vi) Current Status (resolved, unresolved and if so, what action is currently being taken, responses to complaint), vi) Person/subcontractor responsible for damage, vii) D&J person in charge of resolving complaint viii) D&J person in charge of resolving complaint, ix)Copy of Complainant's Release Form if resolved. D&J has on multiple occasions assisted the Government agency to whom we are contracted with in publishing advertisements or press releases to the general public in news print. These ads range from public services announcements to informational items. D&J has talked with news crews and made TV announcements and press releases when appropriate. D&J has a marketing team willing and able to assist its employees and client when needed. i I 8 1 s R.PR�� D&.J Enterprises - Key Personnel i I AVAILABLE WORK FORCE The principals and officers of D & J know that the company's employees are its most dynamic asset. Special attention is given to management supervision and the training and development of its individuals. The company's employees are subject j to retraining and refresher courses whenever available in each skilled discipline. Its supervisors, project managers, engineers and foremen annually take training and/or refresher courses in management practices, ethics and environmental policies, i P 1 regulations and procedures. Operators are always supervised and when appropriate, trained on the safety, maintenance and operational limits and capabilities of new or upgraded equipment. Drivers are required to be safety trained and independently licensed before they are allowed to operate vehicles and their performances are reviewed daily. Mechanics regularly attend refresher and new equipment/upgrade training courses held by the manufacturers of D & J owned equipment. All mechanic work is inspected and reviewed in the company's 20,000 sq.ft. shop facilities by the chief mnechanic before being released to field projects. All laborers are supervised and trained by skilled journeymen and foremen in their respective fields. Administrative and clerical personnel are frequently attending software and management refresher and upgrade courses and are encouraged to stay abreast of new technologies and procedures. D & J Enterprises, Inc. current database contains a listing of 492 employees available for disaster response. This database includes 223 full-time current j employees, and 314 experienced reserve personnel on call to D & J Enterprises, j Inc. I f i `f 1 I 4 f 9 f & J {4 I RP D&J Enterprises - Key Personnel i i I PRINCIPALS I , Richard D.Starr(President,and Chief Executive Officer) After attending Troy State University, Richard "Dick" Starr joined his father in Starr and Sons Contractors where he has continued working in the construction industry, serving in the roles of f employee supervision, job oversight, budgeting, risk evaluation, administration and financial management in the construction related fields of road construction, grading, paving, utilities and natural disaster and debris management. In 1987, he and his brother James L. Starr formed D&J Enterprises, Inc. for the purpose of purchasing and continuing the business activities of Starr & Sons Contractors. i James L. Starr(Secretary/Treasurer,Chief Operating Officer,and Director of Disaster Operations) After receiving his Bachelor Degree in Civil Engineering from Auburn University in 1971, James L. "Jimmy" Starr continued working with his family-owned company Starr and Sons Contractors where he has been instrumental serving as estimating engineer, providing job progress and quality assurance reporting, scope of work evaluation, change orders and contract modifications, j and compliance reporting in the construction related fields of road construction, grading, paving I and utilities and natural disaster and debris management. In addition to his duties in these fields, he is the Director of Disaster Operations for the company's disaster response/debris management division, which has responded to over 200 natural disaster events. In 1987, he and his brother Richard D. Starr formed D & J Enterprises, Inc. for the purpose of purchasing and continuing the business activities of Starr & Sons Contractors. Since 1970, he has been involved in the oversight and supervision of over 500 successfully completed projects totaling more than j $400,000,000. i ENGINEERING William Liveoak(Chief Engineer) i t William Liveoak earned a Bachelor of Science degree in Civil Engineering from Auburn University in 1999 and immediately began working with D & J Enterprises' Engineering Department,. , # assisting in the fields of estimating, quality assurance, ordering inwrought materials, invoicing projects and daily involvement with job coordination. He has received course certifications in "National Environmental Consortium (NEC) 1005: Environmental Compliance and Management, Environmental Compliance and Ethics (NEC 9031)" and in "Environmental/Business Policy, Compliance, and Ethics: Principles and Practices". i 10 R P D&J Enterprises - Key Personnel E Jon Manley(Field Engineer) Jon Manley joined D & J Enterprises in 1995 in the capacity of Field Engineer and has served as instrument operator and crew foreman. He currently supervises an engineering crew with total station- and GPS unit. He has received course certifications in "National Environmental Consortium (NEC) 1005: Environmental Compliance and Management, Environmental Compliance". E PROJECT MANAGEMENT i Christopher M.Starr(Vice President) Christopher "Chip" Starr has worked extensively in all areas of field operations with D & J Enterprises, Inc. since 1995. He started in the family business "hands on" in field operations and advanced through the ranks serving in many capacities including Equipment Operator, Truck Driver, Crew Foreman, Safety Officer, Quality Assurance Officer, and Project Manager. He has received course certifications in "National Environmental Consortium (NEC) 1005: Environmental Compliance and Management, Environmental Compliance" and "ANSI-RAB NAP Accredited EMS I Lead Auditor Course". E i I Jonathan N. Kernion (Operations Manager) 1 Jonathan Kernion is a graduate of the Freeman School of Business at Tulane University, where he earned an MBA degree and orchestrates the daily operations. His previous experience includes ownership and operation of three construction and demolition landfills under the business name fof Cycle, Inc., as well as project management and estimating for Durr Heavy Construction i throughout the 1990's, Circle, Inc. during the late 1980's, and Kernion Equipment Company in the late 1970's and early 1980's. In his positions at these firms, he facilitated all public works ! projects, including many with the United States Army Corps of Engineers, US Navy, LADOTD, 1 FEMA, and many other municipalities_ He has been involved with and responded to natural disasters since 1979, when Hurricane Frederic devastated Mobile, AL. He is our firm's qualifying party with the Louisiana Licensing Board and holds a LA DEQ Solid Waste Operators Class C.1 Level A Certification. He is an active member with the Louisiana Associated General Contractors, I where he serves on the Board of Directors. i j Paul D. Bridge(Superintendent) I Paul Bridge contributes over 28 years of diversified experience in the construction industry to [ D&J Enterprises. His formal training and studies include Engineering at Tufts University and MIT j in Boston, Business Management at Palomar College in San Diego, Computerized Construction Estimating & Management with Muir Training Technologies in San Diego, Computerized Asbestos Estimating at Georgia Institute of Technology in Atlanta, Asbestos Abatement Supervision E E i 11 t I E j � w �RPgS� D&J Enterprises - Key Personnel I - - (certification received from Mayhew Environmental Training Associates, Tampa), and refresher- ` courses in Asbestos Abatement supervision at Retra Training Services in Tarpon Springs. Projects performed while he served as Project Manager include the following I j g g governmental offices and private companies: USACE, Department of the Air Force, Federal Aviation Administration, Federal I Bureau of Prisons, Lockheed Space Operations Company, VA Medical Center, Martin Marietta ' Corporation, NASA, Pinellas County, Florida, U.S. Coast Guard and the U.S. Postal Service. I s t Jackie Hickman(Project Supervisor) i Jackie Hickman has been with D&J Enterprises, Inc. since 1987 as an Equipment Operator, Class A Truck Driver, Crew Foreman, Project supervisor, Grinding Crew Foreman, Incineration Crew Foreman, Site Manager, Pick-Up Crew Foreman, and Senior Project Manager. He has worked on over 30 FEMA-funded disaster response projects and is certified in "National Environmental Consortium (NEC) 1005: Environmental Compliance and Management, Environmental f Compliance . I E I EQUIPMENT MAINTENANCE AND MANAGEMENT i Oscar Hardee(Senior Equipment Manager) E i Oscar Hardee has been involved in the road construction equipment maintenance and heavy equipment repair since 1984. He is certified in diesel mechanics and is responsible for the i maintenance and repairs of over 200 pieces of heavy equipment. His duties also include the supervision of 13 mechanics, a parts warehouse and parts inventory management system. He is SGS Certified as well as having received course certifications in "National Environmental f - Consortium (NEC) 1005: Environmental Compliance and Management, Environmental Compliance". t ' Lynn Tapley(Dispatcher) i i Lynn Tapley has spent over 10 years in the Trucking and Dispatching Division of D &J Enterprises, Inc. and holds a Commercial Class A License. He attended a two-year training course in automobile mechanics at Alexander City Junior College and has received a Federal Motor Carrier Safety Regulations Certificate. Other roles that he has performed for the company include I Equipment Operator, Truck Driver and Dispatcher. He has also participated in disaster related e ' projects on Hurricanes Andrew, Opal, Bertha, Fran, Brett and Floyd, and on ice storms in Georgia, j Arkansas, Alabama and Mississippi. i i (E i f ff� 12 i D&J Enterprises - Key Personnel i I E f f I I ADMINISTRATION AND FINANCE f I I t i I Beverly Starr(Controller) Beverly Starr joined D & J Enterprises, Inc. in 1987 as the general bookkeeper for the company. Since that time she has acquired the knowledge and skills to become responsible for overseeing all financial records keeping and systems requirements for the company directing an office staff of 5 clerks. She is responsible for managing and reconciling all bank accounts, preparing cash flow I and budget statements, internal financial statements, tax report preparation for sales and use I tax, fuel tax, and payroll tax reports. In addition, her duties include providing outside agencies such as banks, bonding companies and insurance companies with necessary financial information as well as assisting the independent auditor with annual audit examinations and income tax preparation. She is responsible for selecting, installing, and maintaining all electronic data { processing software to handle current accounting and record keeping functions including the electronic data networking systems for the company. i { ( Jason Sanders(Emergency Operations Manager) ; Jason Sanders was hired in 2002 as the Office Administrator. His roles quickly expanded and he is ; now an integral part of the D&J's Emergency Operations Division. Having taken many FEMA r Continuing Education Courses,Jason is familiar with complex FEMA policies. During the long and complicated Hurricane Rita mission, Jason oversaw the creation of a comprehensive debris { management database system that has cutting edge technology for tracking data for large i projects. As the Accountant responsible for all emergency operations projects, his attention to 1 detail for an ever-changing business has made Jason a valuable asset to our company. I i 1 Judy Harrell (Office Manager and Payroll Supervisor) I � Judy joined D &J Enterprises, Inc. in August 2001 with over 20 years of experience in the field of accounting and job costing. She has been responsible for processing payroll for up to 600 employees in multiple states, prepared certified payroll reports, minority reports and union reports, employee benefits, workers compensation records, unemployment issues and audits as i I 13 ( & (I I E RP D&J Enterprises - Key Personnel i well as weekly, quarterly and annual payroll tax deposits/returns. Her duties have also included maintaining general ledgers and job cost sub-ledgers in which she developed a system of } reconciling job cost to general ledger accounts. i � Cathy Bryant(Assistant Bookkeeper- Accounts Payable Supervisor) Cathy Bryant has been with D &J Enterprises, Inc. for over 20 years and has been responsible for each aspect of office administration. Her accounting and record keeping responsibilities have i included accounts payable, payroll, accounts receivable and invoicing, bank reconciliation, job cost record keeping and reporting, employee benefits, workers' compensation reporting, ( compliance and auditing, general liability insurance reporting and auditing, truck permitting, fuel i tax reporting, sales and use tax record keeping and reporting. g. i I Casey Dillard(Contracts Coordinator) fRachelle Tapley has been with D &J Enterprises, Inc. since April 2009 and has extensive clerical experience and customer billing experience. Among her responsibilities is answering the i company's multi-line phone system, updating the company's brochures and marketing media, as i well as obtaining proposal information and preparing bids for future pre-position contracts. i i i I i t r i j 4 I i i i i I 1 f i I fI I i 14 9 & J f RP D&J Enterprises - PAST PERFORMANCE i RECENT PAST PERFORMANCE i I D&J's Recent Past Performance on the following pages document our knowledge & experience with federal, state & local emergency management agencies; state &federal programs; funding sources & reimbursement processes. This list includes work in the Disaster Recovery related field. A detailed list of Civil Engineering & related work is available upon request. 1 i i e 2011-2012- Connecticut Snow Storm-$8,240,000.00 345,000 Cubic Yards and 37,000 tree cuts/removal Loaded & Hauled snow storm related debris. Managed 7 DMS sites, reduced and removed debris. Cut 37,000 leaner/hanger trees. I I Ashbr'itt Environmental ± Terry Jackson Vice-President 565 E. Hillsboro Blvd Deerfield Beach FL 33441 954-683-0248 TN1JAC_K50N2011 @grnail.com t I I I 2011-ALABAMA TORNADOES-9 Counties$10,544,000.00 i PERFORMED RIGHT OF ENTRY WORK Right of entry project for the United States Army Corp of Engineers. Removed tornado related debris, damaged houses, trees & buildings in 9 Counties. I E Cecil L.Jernigan,Jr., P.E. PPDR Mission Manager Alabama Tornado Recovery I 571-408-1449 Cecil.L.Jernigan @usace.army.mil i f 15 Proposal for: Debris Management �P-% D&J Enterprises - Qualifications & Experience (continued) 2011-ALABAMA TORNADOES-City of Tarrant$450,000.00 i z 6500 Tons Trimmed trees, loaded, hauled and removed from curbside all storm-generated debris within the municipal right-of-way; Managed TDSRS Mayor Loxcil Tuck 1604 Pinson Valley Parkway Tarrant, AL 35217 205-849-2800 i a ` 2010-DEKALB COUNTY TORNADO$3,758,555.00 _ 335,000 CY Trimmed trees, loaded, hauled and removed from curbside all storm-generated debris within the municipal right-of-way; Managed.TDSRS i f Michael Leath EMA Director 111 Grand Ave SW l Suite 21 Fort Payne, AL 35967 256-845-8569- phone 256-845-8790-fax i i t i t f 2009-KENTUCKY ICE STORM $7,758,555.00 1,221,000 CY } McCracken County $2,400,850.00 Trimmed trees, loaded, hauled and removed from curbside all storm-generated debris j within the municipal right-of-way; Managed TDSRS p County Judge/Executive's Office Judge Van Newberry E McCracken County Courthouse j 300 South Seventh Street i 16 Proposal for: I Debris Alanggement �RPg� D&) Enterprises - Qualifications & Experience (continued) i t s ! Paducah, KY 42003 (� 270 444-4707- phone ' 270 444-4731 -fax Caldwell County-District 2 DOT$3,742,555.00 f 224,000 CY Trimmed trees, loaded, hauled and removed from curbside all storm-generated debris within the municipal right-of-way Larry Smith DOT District 2 1840 N Main St Madisonville, Ky I 270-625-3548 270-824-7080 i s Graves County-District 1 DOT$1,577,150.00 124,000 CY i Trimmed trees, loaded, hauled and removed from curbside all storm-generated debris within the municipal right-of-way Jason Looper I' DOT District 1 f 5501 Kentucky Dam Rd Paducah, Ky 42002 270-210-2398 270-898-2431 City of Paducah $38,000 Reduced all storm generated debris by grinding ( Mayor Bill Paxton s PO BOX 2267 Paducah, Ky 42002 270-444-8530 2009—ARKANSAS ICE STORM $2,245,211.00 224,000 CY s' i 17 I Proposal for: Debris 1Ianagement �R V. D&J Enterprises - Qualifications & Experience ce (continued) The City of Jonesboro Loaded, hauled and removed from curbside storm-generated debris within the municipal right-of-way; Managed TDSRS; Reduced by burning&grinding t Mayor Harold Perrin ! 870-932-1052 f j 2008- HURRICANE IKE—TEXAS$19,425,254.00 2,158,361 CY D&J partnered with Asbritt Environmental on these jobs in Texas. Ashbritt was the ! contract holder, therefore D&J did not directly deal with the municipality.The dollar amount i shown is the amount of work that D&J directly performed. Dow Knight with Ashbritt can be ! reached at 954-545-3535. Hardin County Removed all vegetative storm debris from right-of-way and hauled to disposal site; Removed C&D and hauled to final disposal Galveston County I Sorted, loaded and removed from curbside storm-generated mixed debris (C&D, i household and vegetative) from damaged residential and commercial area's; Hauled to TDSRS; Reduced debris and hauled to final disposal. Oversaw the total management of the TDSRS City of Orange f Loaded, removed from curbside and hauled all eligible mud, silt and dirt created by + storm surge and flooding. Swept and cleaned streets ; Jim Wolf 409-883-1082 i 409-988-8473 i ; ! City of Pasadena Removed all vegetative storm debris from right-of-way and hauled to disposal site; Removed C&D and hauled to final disposal t I Grinding of Vegetative Debris 750,000 cy's I Clear Lake Shores i Kemah League City r F 18 Proposal for: p Debris itlanagement f �RPgi r D&J Enterprises - Qualifications & Experience (continued) f Pearland t Alvin f Galveston County Webster 2007 TORNADO—LAKE COUNTY, FLORIDA ($1,878,378) P 126,000 CY if0 1 I Removed all vegetative storm debris from right-of-way and hauled to disposal site, j Reduced all vegetative debris y tub grnding; Hauled and disposed o E dbi b b i of ground mulch material, Removed C&D and hauled to final disposal E fGary Debo& Kristen Swenson F I 352-742-0478 I i l 2007 ICE STORM—CHRISTIAN COUNTY, MISSOURI ($2,979,754) 337,000 CY i Removed all vegetative storm debris from right-of-way and hauled to disposal site; Reduced all vegetative debris by tub grinding;Hauled and disposed of ground mulch material, Removed C&D and hauled to final disposal f Phil Am tower f j 417-581-2126 i f 2006 ICE STORM—TOWN OF TONAWANDA, NEW YORK($1,960,110) i 214,000 CY i Removed all vegetative storm debris from right-of-way and hauled to disposal site; f Reduced all vegetative debris by tub grinding;Hauled and disposed of ground mulch t material i : 2006 ICE STORM—VILLAGE OF KENMORE, NEW YORK ($172,699) i Removed all vegetative storm debris from right-of-way and hauled to disposal site, Reduced all vegetative debris by tub grinding; Hauled and disposed of ground mulch material l 19 or Pro osal : P f Debris Management �� 5w �R PRi D&J Enterprises - Qualifications & Experience (continued) Kathleen Johnson f 716-873-5700 i I 2005-06 HURRICANE KATRiNA—OCEAN SPRINGS, GULFPORT& WAVELAND, MISSISSIPPI I 1 ($60,000,000)The dollar amount shown is the amount of work that D&J directly performed. f 4,400,000 CY Removed storm-generated debris from right-of-way;Separated, removed and disposed t of debris from right-of-entry at various locations in Mississippi 2005-06 — 0 06 HURRICANE WILMA MIAMI GARDENS AND DEL RAY BEACH, FLORIDA($9,658,727) f 957,000 CY ` Removed all vegetative storm debris from right-of--way and hauled to disposal site; Reduced all vegetative debris by tub grinding, Hauled and disposed of ground mulch f material f Joe Safford, Finance Director e 561-243-7000 i t 2005-06 HURRICANE RITA—STATE OF TEXAS ($121,679,403) I ( 6,200,000 CY Removed and disposed of all eligible storm-generated debris state-wide for the U. S. Army Corp. of Engineers (USACE)from within municipal right-of-way;Set-up, maintained and operated multi p le TDSR sites Separated aced debris; Reduced by grinding and by `r burning; Removed and hauled C&D to landfill; Removed and hauled off stumps; Hauled off mulch simultaneously from 14 counties including 4 major municipalities within the State of Texas { Michael deMasi, Mission Manager-Department of the Army 281-642-7664 E 2005 HURRICANE DENNIS—PENSACOLA, FLORIDA(5,945,000) l 700,000 CY I l 20 Proposal.fnr: Debris rlfanagement i RP D&J Enterprises - Qualifications & Experience (continued) r Removed and disposed of all eligible storm-generated debris from within municipal i E right-of-way;Set-up, maintained and operated one TDSR site including separation and i reduction by grinding all vegetative debris i Jerry Moore, Sanitation Director i 850-435-1890 i 2004 HURRICANES CHARLEY, FRANCIS,IEANNE& IVAN (FLORIDA& NORTH CAROLINA ($60,000,000) I. 5,000,000 CY i Removed and disposed of all eligible storm-generated debris from within municipal 4 right-of-way;Set-up, maintained and operated three TDSR sites including separation and reduction by grinding all vegetative debris New Hanover County, North Carolina—Removed all vegetative storm debris from right- of-way, Hauled to disposal site i i Miami Gardens, Florida—Cleared streets of all vegetative and C&D storm debris; i Removed all storm debris from right-of-way; Hauled to disposal site i Del Ray Beach, Florida—Removed all vegetative storm debris from right-of-way; Hauled to disposal site; Reduced all vegetative debris by tub grinding, Hauled and disposed of ground mulch material 1 i West Palm Beach, Florida—Managed TDSR site, Reduced all vegetative storm debris by incineration and grinding i Hillsborough County, Florida—Removed and disposed of all eligible storm-generated debris from within municipal right-of-way;Set-up, maintained and operated TDSR sites including separation and reduction by grinding all vegetative debris; Hauled mulch to landfill f Pensacola, Florida and Escambia County, Florida—Removed and disposed of eligible 3 storm—generated debris from within municipal right-of-way; Maintained and operated I six TDSR sites including separation and reduction by grinding all vegetative debris; Hauled mulch to landfill i d E 4 I 21 EXHIBIT A- COST INFORMATION RFP NO. 27-11/12 FOR DISASTER RECOVERY SERVICES All prices noted in this attachment are considered baseline estimate. Actual prices that will be charged will be justified at the time a work authorization in approved. All cost must be based upon reasonable expenses for labor, equipment, material, and overhead/profit. Under no circumstances will costs that exceed reimbursable limits acceptable to the Federal Emergency Management Agency (I=EMA) be proposed or approved in a work authorization. Proposers are not required to provide cost information for all line items to be considered for award. Emergency Road Clearance The contractor shall accomplish the cutting, tossing, and/or pushing of debris. hanging limbs, or leaning trees from primary roads as identified and directed by the City of Miami Beach. The debris shall be stacked on the right-of-way to allow passage of vehicles along the primary transportation routes. Compensation shall be as per attached hourly rate schedule- Hourly Equipment Schedule NrG��;pr,,;,ws fcr+=rrt--9 ?rr Rc.aif Goa;;rCr?. L 2anrnq Trees.Hanging timb?. and Dahr.s F'2rrovat horn Private Properly(POE) Equipment - Flourl Rate 210 Prentice Loader ` $125.00 Self Loading Prentice Truck-- 25 to 40 yard dump body_ _ _ _ 1 $125 . 110 Wheel Loader, John Deere 544 or equivalent- 2/12 to 3 yard bucket $125 . 0.0 Tandem Dump Truck_- 16 to 20 Yards -- _ $125 .00 Mini Bobcat or equivalent - --_- -- -- --- 115 . 00 D6 Dozer or equivalent $16 5 .0 0 -I I Excavator, Cat 325 or equivalent w/debris loading grapple 00- Wheel Loader: John Deere 644 or equivalent- 3 toward bucket - 1$165 . 00 Chainsaw.Operator vyith gear -_ -- -- -- -------- $45 . 00 Supervisor with pick-up truck. 1$65 .00 i Safety Manager with pick-up----- --_ _---- -------------- 1$65 . 00 --� Mechanic's Truck with tools _ $145 . 00 Flagmen for Traffic. Control --------- - - ----__ ------ --_�$45 . 00 - Trash Transfer Trailers- 110 yard with Tractor _ 1 $165 . 00 I Bucket Truck - 50 cubic yard bed_ _- ------ --- !$125 . 00 Equipment Transports _ !' $165 . 00 j Clerical $45 . 00 i Laborers _ _ --- - - - $45 . 00 - Mobilization and Demobilization 0 Debris Removal from Public Right-of-Way As directed by City of Miami Beach, the contractor shall load haul all eligible debris to a City designated Temporary Debris Storage and Reduction Site (TDSRS j or other disposal destination. Compensation shall be provided per cubic yards: �- Mileage Cost per Cubic Yard 0 to 15 miles 7 98 i 16 9 to 30 miles -- ----------- ------ !$--98 - 2174"` RFP No:27-11112 ;3 aster Recovery S°rrces 31 of 40 22 Debris Separation/Reduction and TDSRS Management The contractor shall operate and manage the TDSRS to accept and process all event debris. The contractor shall perform any site preparation, to include but not be limited to: (1) building and/or maintaining roads; (2) construction of a roofed inspection tower sufficient for a minimum of three inspectors, (3) any environmental requirements necessary to include wind control fencing, silt fencing, hazardous materials containment area. and/or water regulations. Processing may include, but is not limited to, reduction by tub grinding. incineration when approved: or other alternate methods of reduction such as compaction. Prior to reduction all debris will be segregated between vegetative debris. C&D, recyclable debris. white goods_ and hazardous waste. Upon the closure of the TDSRS the site will be restored to its Pre-Use Condition.. Compensation shall be provided per cubic yards_ _ Operation of TDDRS Cost per Cubic Yard ---- — - —-— -- —_— i $3 . 95 ---- l Hazardous Stumps The contractor shall remove hazardous stumps as identified and directed by City of Miami Beach. Stump removal shall include bacnfiliing the void with appropriate ill material and hauling the stump to the TDSRS. �— Stumps Dimensions Cost Stumps up to E inches in diameter 1 $100 . 00 Stumps greater than 12 inches.. less than 24 inches in diameter — $125 . 00 Stumps greater than 24 inches_less than 48 inches in diameter eter ? $150 . 00 Stumps equal to or greater than 48 inches in diameter 1 $250. 00 Sand Screening As directed by the City of Miami Beach, the contractor shall screen sand to remove all eligible debris deposited by the event. This process includes the collection of debris laden sand, transporting the sand to the processing screen located on the beach, processing the debris laden sand through the screen and returning the sand to the approximate original location- Debris removed from the sand will be colleted hauled. and processed as RO',A1 debris. Compensation shall be provided per cubic yards. Sand Screening _ Cost per Cubic Yard Vegetation -The Contractor shall remove all eligible vegetation deposited by the event. Compensation shall be provided per cubic yards. _ Vegetation __ Cost per Cubic Yard- $8 . 98 ' City of-r,!an:Be:�r;fi � RFP No 27-1 1 ?2 �i�2sre��ec�;,,e�,�Se�•��ce� / 32 of 40 23 Final Disposal The contractor shall load and transport processed debris to from the TDSRS to a final disposal site as directed by City of Miami Beach. Compensation shall be provided per cubic yards. Final Disposition Mileage) 1 Cost per Cubic Yard 0 to 15 miles $4 . 95 1 15 to 30 miles ' $5 . 95 Technical Assistance The contractor shall provide disaster recovery technical assistance to elected and appointed officials of City of Miami Beach. This service shall include documentation and management for the public assistance program, planning, training, and exercise development. Service provided at no additional charge. Permits and Licensinq The contractor shall obtain, with the assistance of City of Miami Beach. permits and licenses of a temporary nature necessary for the execution of the scope of services. Service provided at no additional charge. Quality Assurance and Supervision The contractor shall provide sufficient supervision and programmatic controls to ensure compliance with procedural and regulatory standards established by FEMA, State of Florida, and City of Miami Beach. Service provided at no additional charge. 2r24,12 City of laiami Beach R=P No:27-t 10 2 Disaster Recovery Services 33 of?0 24 UPTICE SCHEDULE. FOR DEBRIS REMOVAL DISPOSAL SERVICES 1 Mobilization and LS Demobilization (Lump $1 . 00 Surat) 1 1 L 2 Debris Removal from i CY Public Property (right- of-way) and Hauling to Temporary Debris $7 98 ( Storage and Reduction Site (TDSRS) 0-15 one j 3 Debris Removal from F —' CY Public Property (right- of-way) and Haulin g to f Temporary Debris ' $9 . 98 Storage and Reduction i Site (TDSRS) 16-30 one f i way miles Debris Removal from _ CY i Temporary Debris 1 Storage and Reduction $4 . 95 ' Site (TDSRS) and Hauling i C to Final Disposal Site 0- i ' , 15 one way miles _ 5 Debris Removal from CY Temporary Debris 4 Storage and Reduction $5 . 95 i Site (TDSRS) and Hauling to Final Disposal Site 16- 30 one way miles 6 processing -- CY j (Grinding/Chipping) of $3 . 95 Debris at TDSRS or Final Disposal 34 of 40 25 7 j Processing (Burning) of CY I Debris at TDSPS or Final $3 . 95 Disposal Site 8 Pick up and Haul of UNIT White Goods to Disposal $40 . oQ Site within County (NOTE) E 9 1 Pick up and Disposal of LB $2-5 . 00 Hazardous Material 10 Freon Management and ; UNIT P h ReC Cling )40 . 00 i 11 f Dead Animal Collection, --- LB Transportation and $25 . 00 Disposal 12 Sand Sifting, Remove, ( CY ` Sift and Replace (Beach i Re-nourishment and $5 . 95 public & private property removal) 13 1 Ice (per pound, E LB $ . 50 delivered) 14 water (per gallon, GAL $4 . 00 delivered) 15 , Emergency Fuel - , GAL ' Gasoline or Diesel f $8 . 50 16 HAZARDOUS STUMP --REMOVAL & HAULING $200 - 00 each TO DISPOSAL SITE I 17 Material, fill dirt for CY $30 . 00 stump holes, purchased, placed and shaped 18 Disaster event Attach Time & generated hazardous Price Materials waste abatement; Schedule Biohazardous waste abatement 35 of 40 26 i9 Emergency Road !- Attach Time & Clearance Price Materials schedule 20 Debris Removal from Attach Time & water Bodies (Bays, Price Materials Rivers, Streams, Canals, schedule Lakes) 21 Debris Removal from Attach Time & Private Property (right- Price Materials of-entry program) and schedule Public-Own Property (other than right-of- way) 22 , 1 Leaning Trees/Hanging Attach Time & Limbs/Tree-off Program Price Materials f schedule 23 Demolition of Attach Time & Structures Price Materials schedule Ii 24 Pre-event Training for Attach Time & Client Personnel Price Materials schedule 25 Tipping fees to be ' Actual Cost reimbursed to j Cost Reimbursement contractor by City at actual cost 26 Emergency Power Triple Shift/ _ Generator 5 Kw $2000 . 00 T meekly _ 27 Emergency Power $3000 . 00 Triple Shift/ Generator 10 Kw _ weekly 28 Emergency Power a Triple Shift/ Generator 15 KW $ ,000 . 00 weekly 29 Emergency Power Triple Shift/ Generator 20 Kw $5000 . 00_ ! weekly 30 Emergency Power Triple Shift/ $6000 . 00 j Generator 25 Kw Weekly i --- r 36 of 40 27 F_31 Triple Shift/ Emergency Power $6500 . 00 1 Generator 30 KW weekly 32 Emergency Power r $7500 . 00 Triple Shift/ Generator 35 KW weekly 33 ! Emergency Power Triple Shift/ Generator 40 KW $8000 . 00 weekly 34 Emergency Power $8000 . 00 Triple Shift/ Generator 45 Kw weekly 35 ► Emergency Power Triple Shift/ Generator 50 KW $8000 . oo weekly 36 ! Emergency Power $g500 . oo Triple Shift/ Generator 60 KW weekly 37 Emergency Power $8500 . 00 Triple Shift/ Generator 70 Kw weekly 38 Emergency Power Triple Shift/ Generator 80 KW $s5oo . oo weekly 39 Emergency Power Triple Shift/ -i__ Generator_ 90 KW 1 $9000 . 00 weekly 40 Emergency Power Triple Shift/ Generator 100 Kw $9aoo . oo weekly 41 Emergency Power $�000 0o Triple Shift/ Generator 110 Kw _ Weekly 42 Emergency Power $9500 . oo Triple Shift/ [Generator 125 KW weekly 43 Emergency Power Triple Shift/ Generator 150 Kw ' $9500 . 00 Weekly 44 Emergency Power Triple Shift/ Generator 175 KW $lo, 000 . oo Weekly 45 ` Emergency Power Triple Shift/ Generator 180 Kw $lo , 000 . 00 ' weekly 46 Emergency Power Triple Shift/ Generator 200 Kw $la, 500 . oo weekly 47 Emergency Power i Triple Shift/ Generator 250 KW $11, 000 . oo Weekly 48 Emergency Power Triple Shift/ Generator 300 KW 1$1200000, . Weekly 37 of 40 i 28 149 Emergency Power Triple Shift/ Generator 350 KW $12, 000 - 00 Weekly 50 Emergency Power ' Triple Shift/ Generator 400 KW $12, 000 . 00 Weekly 51 Emergency Power Triple Shift/ Generator 450 KW $12, 500 . 00 Weekly 52 , Emergency Power ( Triple Shift/ Generator 500 KW $12, 500 . 00 Weekly 53 Emergency Power Triple Shift/ Generator 675 KW $12 , 500 . oo Weekly 54 Emergency Power Triple Shift/ Generator 750 KW $12, 500 . oo Weekly 55 Emergency Power Triple Shift/ Generator 804 KW $13 , 000 . 00 Weekly 56 Emergency Power 13 o Triple Shift/ Generator 1000KW $ 00 °Q weekly 57 Emergency Power Triple Shift/ I Generator 1250KW $13 , 500 . oo Week! - -- y 58 Emergency ower y Triple Shift/ Generator 140OKW 1$13 ., 500 . 00 Weekly 59 Emergency Power Triple Shift/ Generator 150OKW $14, 000 . 00 Weekly 60 Emergency Power Triple Shift/ ' Generator 175OKW 1$14, 000 . 00 weekly 38 of 40 29 & - - - - --- T ( P�s� D&J Enterprises - Price Schedule i 1 i March 23rd,2012 City of Miami Beach City Hall; Procurement Division-3 Id Floor 1700 Convention Center Drive ! Miami Beach, Florida 305-673-7490 j Re: RFP Emergency Response, Debris Management& Recovery Services RFP#27-11/12 i Page 35, Item 18 I ✓ Cost Plus 300 i Page 36, Item 19 ✓ Per page 31 Hourly Equipment or$525.00 per hour j ➢ Page 36, Item 20 �{ ✓ $52.00 per linear foot Page 36, Item 21 ✓ $17.95 Per CY Page 36, Item 22 ✓ Leaning/Removal of Trees up to 24 inches$150.00 ✓ Leaning/Removal of Trees 25-48 inches$225.00 ✓ Leaning/Removal of Trees over 48 inches$275.00 ✓ Removal of Hanging Limbs$100.00 per tree := Page 36, Item 23 ✓ 15.95 per cubic yard. Debris goes to ROW. i% Page 36, Item 24 ✓ $5000.00 per session Sin ely, z 1 /. J ers mergency O rations Manager I 30 Eoi' AUBURNBANK 14irch 16. 2('. 12 C'ity of `41ami Beach City Hall: Procurement Division - ;"i Floor 1 700 Convention Center Drive Miami Beach. Florida RE: D & J Enter prises, Inc. R FP Eineruency Response, Dehris klanagement& Recovery Services RFP -4127-1112) Gentlemen: For approximately twenty years I have sen cd as the account officer for the above referenced company at mo financial institutions in .-whom. AL. During this period loans were provided to the compmv and its related entities on a secured and unsecul-ed hasis with commitments in a moderate seven ti(,ure ranee. D& J currently has a committed line(_)f cj-e(fi In a seven t-gure amount with a seven figure halciticc owing. The company also has available a kk.orking capital line oferedit in a comparable amount with no balance presently ok incy. Payment performance has been eery satisf`actor -. D& J has the ability to finance thn.)u`'h current capital or credit capabilities a debris removal contract for an estimated one million cubic vards. The company and its principals maintain m. excellent depository relationship "'Ith the bank with collected balances presently in a hi4�1 seven figure range. If additional information is required please contact me at 31 34-887-?7-�. Respectfully Vour-s, %V. i-honlas Johnson Senior Vice President `k, l_.J'kai .. ' 1() '-14 N_l 02'(W f f I it"f ..:i'' 31 \1 iwh 1 211 11, tit 1,11alm Ok Hall- 10(icurement rm mm m.,w) 0() ( I)mC111will ( clift.-r Ori",2 \11ai'm nj cro -1 - DChf',, \f,jjjj,0.cnnci1t L,, Rcco er,,, Or mency haN hat! the pru dege of proy Wing stmety I ►nds (m c(instriumm wntract, Or D , &-- J 111c c (:tm.,,ider therm U" hC cl[1101112' OUr URYSI OUistarlding im! Ulu"! Own', ( )w mpene(lt C With F) 61 1 it dicaluN tim hmu been, Lkell 6111di-iccd, :m pl 2rk CkjLJ1[-1[)0-L -inn e:apdhlj staRb handic th e vwrk prngrani,; ihc� -1 f t c undt:rtakcri 1 ficir �:xperi,2ncc it, !pcTfoi-ming, ort sk"in reWd arul dchrA k:lcan up I mmim tol! TWIM!"rod. Flit: wtal N duc oF wwrium PCVA UlTial in CCCCM veary ha, mill"m ISU N CUITLIH hmdirn.,' primnan ii !, 125 injilAq, Air mrigje projck,,tti rs would pwt it;vek i,.-f,nidkor rcquk--ii ah,)% ua:f-, :inn '"..,,rct ji I Ip any men to a (Gin ract. Bruck BLICIOU lit{!-t:60- t_ :]. Best Ratin,.� Treasui-, Limit jjiejyjl)tl-m St - the , NO 1 ninclery KIM,I (W"11), is prw.iding the wnstructikm i)t)fj(j t2CILIC,,t-, have hecn tax(t aloly recur E(i. and 'o,c e\pc�,t W i-onrinuc prt)L iding ,uret� h,►m.k !,,r I) & j i rltc ll1ritit w !j) t,*,)c tujljrt., I his is a letter tit rVISCIRC. rbir a hid. per6ri-inantx. or hond- .�h!ch iuiw( t he undc,-%L rittol LqN"1 MIUCNI 1r,om D & J \A �: qpprk:c)..itc OIC Oflf'i;IJL11111L mir e\f)cricncc Lk ith 1) N: i It \•()U nc�:d !UVOM- 1(Q6n1)dtj(,j) "Ith them, plca t-mitact me -it the jhme jktkhc,4 or- [Clcphonc ntimhi�- ri k-Wuci-k 1,c 32 D & J ENTERPRISES. INC AUBURN. ALABAMA AUDITED FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION Years Ended September 30: 2011 and 2010 I, REPORT OF W THOMAS KING ,.ER T IFIED PUB`;C ACCOUNTANT 33 CONTENTS INDI=PENDENT AUDITORS REPORT Page 3 AUDITED FINANCIAL STATEMENTS- Balance Sheets . . 4 Statements of Income _ . . . . . . . . . . . . . . . . 6 Statements of Changes in Stockholders' Equity 7 Statements of Cash Flows 8 Notes to Financial Statements . . . . . . . . . SUPPLEMENTARY INFORMATION: Accountant's Report on Supplementary Information 19 Scnedules of Earnings from Contracts . . . . . . . . . Contract Income - Contracts in Progress, September 30, 2011 . . . . . . . . . . . . . . . .21 Contract Income - Contracts in Progress, September 30, 2010 . 23 Contract Income - Corpleted Contracts, Year Ended September 30, 2011 25 Contract Income - Completed Contracts, Year Ended September 30, 2010 26 Schedules of Other Operating Expenses . . . . . . 34 c^m.n^",,m" �... `I.... *"."v^ n.ucn^/.u°..SO(',n v, ,.s."",.z","`^^," cmonn',.m" ^n". c~". ..`.ap'�~.»`. INDEPENDENT AU0TOR7S REPORT To the Board ofDinsc*tors � D & J Enterprises, Inc Auburn. Alabama | have audited the balance sheets of D & J Enterprises. Inc as of September 30. 2011 and 2010, and the related staternenta of inoorne, changes in stockholders' equity, and cash flows for the years then ended These financial statements are the responsibility of the Company's management. Nly responsibility is to express on opinion on these financial statements based on nny audit / conducted rny audit in accordance with auditing standards generally accepted In 'the United States. of America- Those standards require that I plan and perform the audit to obtain reasonable assurance about whether the financial statements are [nee of material misstatement. An audit 'no/udes examining on a teat bosis, evidence supporting the announts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by rnonegernen1, as well as evaluating the overall financial statement Presentation. | believe that my audit provides a reasonable basis for nnyopinion The Company has not consc- |idated a variable interest entity (VIE) that, in rny opinion, should be consolidated in order toconfonnwith accounting principles generally accepted in the United States of America. If this enbty had been oonscdidated, cash would have increased S32.000, working o�pit�i vvou|d have de�reas�d by �l .532.00O� prope�y vvou|d have /noreased $4.816,000. long-term debt Would have monaaaed by $3.244.000, and equity would have increased by S2.188.000. AddidonaUy, net inoorne would have increased by $76.000 for the year ended September 30, 2011 . The Cornpany's investrnent. Plus any loans and guarantees, related to the \/|E totaled approximately $3.870.000 at September 30. 2011 , representing the | Company's nnaxirnunn exposure to loss- In my opin/on, except for the effects of not consolidating the variable interest entity as � discussed in the preceding paragraph, the financial statements referred to above present fair|y in all material respects, the financial position of D & J Enterprises, Inc as of September 30 2011 and 2010. and the results of its operations and its cash flows for the years then ' ended in �onforrnih/ vvdh a�counbng principles generally accepted �n the United States - VV Thomas King, CPA October 28, 2011 35 D & J ENTERPRISES, INC BALANCE SHEETS September 30, 2011 and 2010 ASSETS 2011 2010 CURRENT ASSETS Cash 520,024,658 S19..531,734 Accounts receivable, less allowance for uncollectible accounts of $63,000 and 5165,000 at 9/30111. and 9/30/10, respectively 10.922.061 13.938:081 Retainace receivable 628,359 683.464 Prepaid insurance 174,800 112.468 Prepaid income taxes 85,786 85,786 Excise tax refund due 64,234 46,592 Deferred tax asset 23,000 61,000 Cost and estimated profits in excess of billings on uncompleted contracts _ 1,548,894 2.172.780 TOTAL CURRENT ASSETS 33.471.792 36.631.905 PROPERTY AND EQUIPMENT Asphalt plant 1 922;988 1,922,988 Constr:_;ction equipment 5,1321939 4,538,671 Truck's and automobiles 5.181,879 5.006.044 Office equipment and furnishings 137,360 133.042 Buildings .a 73 and shop equipment 6 ,472 673.41 2 Parking lot --- - -15.385 — 15,3 8 5: 13;064,023 12,289:602 A.ccuMUlated depreciation __(6_509.567) (6.210.076) NET PROPERTY AND EQUIPMENT 6.554.456 6.079.526 OTHER ASSETS Land 1,286,657 1 ,280,905 Investments 1.906,651 1 ,766,128 Notes receivable 693,061 1 ,264.640 Loans to affiliates _10,901,032 10 810,032 TOTAL OTHER ASSETS _14_787.401 _.-15,121705 TOTAL ASSETS 54.813,649 S57,833.136 See accompanying notes and auditor's report. -4- 36 LIABILITIES AND STOCKHOLDERS' EQUITY _ 2011 2010 CURRENT LIABILITIES — Accounts payable S 1,628,366 S 4,803,700 Subcontractor retainage payable 581,981 283,884 Payroll taxes payable 1 9,769 28,760 Sales and use taxes payable 8;752 16.870 Accrued expenses 57 025 80,679 Current portion of long term debt 1;448,769 1,137,850 Billings in excess of costs and estimated profits on uncompleted contracts 549,658 _._._781,229 TOTAL CURRENT LIABILITIES 4,294,320 7.132,972 LONG-TERM LIABILITIES Notes payable, portion dUe after one year 5,911,463 6,024,329 Deferred tax liability 1.100.000 1.048,000 TOTAL LONG-TERM LIABILITIES 7.01 1.463 7,072,329 TOTAL LIABILITIES 11.305.783 14.205.301 STOCKHOLDERS! EQUITY Capital stock - 1,000 shares a@ $1 par value, authorized, issued and outstanding 1,000 1.000 Contributed capital 5,831 173 5,831,173 Retc,ined earnings - 43,245.197 42 380,803 Loans to stockholders __ 5.569,504) _ (4,585.141) TOTAL STOCKHOLDERS' EQUITY 43507.866 43.627.835 TOTAL LIABILITIES AND STOCKHOLDERS EQUITY $54,813649 $57,833,136 -5- 37 D & J ENTERPRISES, INC STATEMENTS OF INCOME Years Ended September 30. 2011 and 2010 2011 2010 INCOME Construction billings earned 8 25.987,233 S 18,859,181 COST OF CONSTRUCTION Materials 6:670,358 4,955,077 Subcontracts 7,315,877 2,468;962 Labor 3,873,111 3,172,151 Depreciation 615,977 1,056,599 Equipment expense 3,227,593 3,027,799 Other __ 430,346 649.744 TOTAL COST OF CONSTRUCTION 21.033,671 15.330.332 GROSS PROFIT 4.953,562 3.528.849 OPERATING EXPENSES Depreciation 27,125 48,567 Interest 273,660 160,884 Ocher 4,_565,752 3,056,756 TOTAL OPERATING EXPENSES 41866,537 3,266.207 OPERATING INCOME 87,025 262.642 OTHER INCOME Interest earned 785,687 530,407 Gain on sale of equipn,ent 19,682 277,875 Reduction in bad debt allov.,ance 102,000 -0- TOTAL OTHER INCOME _ 907.1369 _ 808.282 INCOME BEFORE INCOME TAXES 904,394 1.070 924 Provision for income taxes (130,000) (327,669) Reduction in deferred taxes -0- 362.000 _ 130,000) 34,331 NET INCOME S 854.394 1.105,255 See accompanying notes and auditor's report- -6- 38 D & J ENTERPRISES, INC STATEMENTS OF CHANGES IN STOCKHOLDERS' EQUITY_ Years Ended September 30,201 1 and 2010 2011 2010 Balance, beginning of year $ 42,380,803 5 41,275,548 Add: Net income 864,394 1.105.255 BALANCE, END OF YEAR S 43.245,197 S 42.380.803 See accompanying notes and auditor's report. -7- 39 Years Ended September 30, 2011 and 2010 CASH FLOWS FROM OPERA_ TING ACTIVITIES 2011 _ 2010 Net income 8 864,394 3 1.105,255 Adjustments to reconcile net income to net cash provided by operating activities'. Depreciation 643;102 1,105,166 Book value of equipment sold 4:655 1.931.456 Decrease (Increase) in operating assets: Accounts receivable net 3.071 ,125 (3,890,369) Income tax refund due -0- 58,131 Prepaid income taxes -0- 360,983 Deferred tax asset 38.000 -0- Excise tax refund due (17.642) 46,592 Prepaid insurance (62,332) 7,808 Cost and profit in excess of billings 623886 (1;042,852) Increase(Decrease) in operating liabilities: Accounts payable (2,877,237) (1;697;71 1) Payroll taxes payable (8,991) (16;948) Sales and use taxes payable (8,118) 5,445 Income taxes payable -0- (9,007) Accrued expenses (23,654) (2,433) Billings in excess of cost and profit (231,571.) 781:229 Deferred tax liability 52.000 (362,000) NET CASH PROVIDED(USED) BY OPERATING ACTIVITIES _2,067.617 --(1,619.25.5) CASH FLOWS FROM INVESTING ACTIVITIES Capital expenditures for equipment (892,944) (200,942) investment increase (140,523) Asphalt plant purchase -0- (15,914) Land improvement _�5 752) -0- NET CASH USED BY INVESTING ACTIVITIES (1 .039_219) _ (216,856] CASH FLOWS FROM FINANCING ACTIVITIES Proceeds of borrowing:; 450:000 1,500.000 Payment of notes payable (481,690) (429,930) Stockholder loans (increase)decrease (984.363) 188,628 Affiliate loans decrease(increase) (91,000) (403,701) Notes receivable decrease(increase) 571.579 _ (111,000) NET CASH PROVIDED(USED) BY FINANCING ACTIVITIES 535.4_74) 743.997 INCREASE (DECREASE) IN CASH 492;924 (1.092,114) Cash, beginning 19,531,734 20.623,848 CASH, ENDING 820,024.658 819531,734 See accompanying notes and auditor's report. -8- 40 D & J ENTERPRISES, INC NOTES TO FINANCIAL STATEMENTS September 30, 2011 NOTE A - ORGANIZATION O & J Enterprises, an Alabama general partnership was formed by Richard D Starr and James L Starr and began operations in May 1984. In January 1987, Richard D Starr and James L Starr formed the corporation D & J Enterprises, Inc and transferred all assets and liabilities of the Partnership to the Corporation. The Company operates as a general contractor and subcontractor of site work, grading and paving under fixed price and unit price contracts, in the southeast United States. The Company also provides storm debris removal and grinding services under fixed price and unit price contracts throughout the United States and offshore. NOTE B - SUMMARY OF SIGNIFICANT ACCOUNTiNG POLICIES The length of contracts varies but is typically less than one year. In accordance with normal practice in the construction industry, the Company includes asset and liability accounts relating to construction contracts, including related deferred income taxes, in current assets and liabilities even when such amounts are realizable or payable over a period in excess of one year The Company uses the percentage of completion method of accounting for financial reporting as well as for federal and state income tax purposes. Under the percentage of completion method, revenues and costs are measured by the percentage of costs incurred to date to estimated total costs for each co n' Bract. This method Is used because management considers expended costs to be the best available measure of progress on these contracts. Because of the inherent uncertainties in estimating costs, it is at least reasonably possible that the estimates used will change within the near term. Contract costs include all direct material, labor and subcontract costs and those indirect costs related to contract performance, such as supplies, tools, equipment costs, compensation insurance, travel and bonding. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance; job conditions, and estimated profitability, including those arising from contract penalty provisions and final contract settlements, may result in revisions to costs and income and are recognized in the period in which the conditions that require revision become known. Cash and cash equivalents include checking accounts, savings accounts and all certificates of deposit with original maturities.of twelve months or less. Property and equipment are recorded at cost. For financial reporting purposes; depreciation is computed on the straight-line method over the estimated useful lives of the assets. For incom,e tax purposes, depreciation is computed using accelerated methods with the same estimated useful lives as for financial reporting purposes- -9- 41 D & J ENTERPRISES, INC NOTES TO FINANCIAL STATEMENTS - CONTINUED September 30, 2011 NOTE B - SUMMARY OF_SIGNIFICANT ACCOUNTING POLICIES - CONTINUED Depreciable lives employed are: Income Tax Financial Buildings 10-39 yrs 15-40 yrs Equipment 5-7 yrs 7-10 yrs `Jenicles 5-7 yrs 7-10 _yrs In the event that facts and circumstances indicate that the cost of assets may be impaired; an evaluation of recoverability would be performed. If an evaluation is required, the estimated future undiscounted cash flows associated with the asset would be compared to the asset's carrying amount to determine if a write-down to market value or discounted cash flows value is required. The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets, revenues and expenses during the reporting period. Actual results could differ from `hose estimates. NOTE C - BACKLOG The following schedule represents a reconciliation of backlog of signed contracts in existent° at September 30, 2011.- Balance, September 30, 2010 S 13,537,878 New contracts year ended September 30, 2011 , including contract change orders _21,810618 35,348,496 Less contract billings earned during the year ended September 30, 2011 (25,987,233) Balance, September 30, 2011 S 9,361,263 Backlog represents the amount of revenue the Company expects to realize from work to be performed on uncompleted contracts on hand at year end. NOTE D - WARRANTIES The Company normally warrants their work against craftsmanship deficiencies for six months. Potential loss under warranties is mitigated by similar warranties and performance bonds provided by subcontractors. No liability has been recorded to cover warranty costs, if any, at September 30, 2011 and 2010. -10- 42 D & J ENTERPRISES, ft. NOTES TO FINANCIAL STATEMENTS - CONTINUED Septer-nber 30, 2011 NOTE E - CONTRACT RECEIVABLES Contract receivables at September 30. 2011 and 2010, consisted of the following- Billed: _ 2011 2010 — — Completed contracts $ 4,967:639 S 3,073,224 Contracts in progress 6.017 422 11,029,857 Retainage _ _628,359 683.464 11 ,613,420 14,786,545 Less allowance for uncollectible accounts _ (63.000) ___ 5.000) 51_1`550,420 S 14,621545 NOTE F= - COSTS AND ESTIMATED PROFIT ON UNCOMPLETED CONTRACTS 2011 2010 Cost incurred on uncompleted contracts S 5,680.967 S 12,868,035 Estimated profit earned to date 810.733 2,771 ,219 6,491„700 15,639,254 Less billings on uncor,ipleted contracts (5,492.464) (14,247,703) S 999.236 S 1,391_z551 The above information is included in the accompanying balance sheets under the following captions: _ 2011 2010 Costs and estimated profits in excess of billings on uncompleted contracts 3 1,548;894 S 2,172:780 Billings in excess of costs and estimated profits on uncompleted contracts _ 549.658) _ (781,229] NET EXCESS COST & PROFIT S _ 999,236 S 1.391.551 -11- 43 D & J ENTERPRISES, INC NOTES TO FINANCIAL STATEMENTS - CONTINUED September 30, 2011 NOTE O - INCOME TAXES The provision for income taxes for the years ended September 30, 2011 and 2010, consists of the following- 2011 2010 Current taxes 5 -0- $ 327,669 Deferred taxes S 130,000 S_ 34.331) Deferred tax assets and liabilities at September 30, 2011 and 2010, consist of the following. 2011 2010 Deferred tax liability $ 1 ,100,000 S 1,045000 Deferred tax asset _ 000) Net deferred tax liability $--1,077.000 3 984.000 The deferred tax asset in the amount of$23,000 arises from the tax bases of trade accounts receivable exceeding their bases for financial reporting by the amount of the allowance for doubtful accounts, which will be deductible when substantially all collection efforts have been exhausted. At September 30, 2011 and 2010. the amount of this allowance is S63,000 and $165.000, respectively_ The deferred tax liability in the amount or $1,,100,000 arises from the bases of property and equipn- ient for financial reporting exceeding their tax bases by the cumulative amount that accelerated depreciation exceeds straight-line depreciation. The excess will be taxable in future years through reduced depreciation deductions for tax purposes. The Company's income tax returns are subject to examination by the Internal Revenue Service and the states within three years of the original due date of the return or the filing date of the return, whichever is later. Prior years of the Company that are open to examination by the taxing authorities are fiscal years ended September 30, 2008. September 30, 2009; and September 30; 2010. There are differences between net income reported in the accompanying financial statements and taxable income reported to the taxing authorities. Life insurance premiums, charitable contributions in excess of 10% of net income and one--half of meals and entertainment are expenses included in the financial statements, but not included in expenses in the income tax returns. As described in Note B above, there are also differences in depreciation methods used for financial reporting and for income tax purposes. -12- 44 D &. J ENTERPRISES, INC NOTES '1'0 FINANCIAL aTATEI4IENTS - CONTINUED September 30, 2011 NOTE H - NOTES PAYABLE —_.._C_�edltor _--- Collateral Tern, AUburn Bank Equipment 828,681 monthly ,\uburn Bank Certificate of deposit single payment Auburn Bank Deposit accounts single payment Compass Bank 2005 Vantare coach 814,648 monthly Ford Motor Credit 2011 Ford F i 50 S 1,219 monthly Ford Motor Credit 2011 Ford F150 8 1,210 monthly Ford Motor Credit 2011 Ford F150 8 1 ,176 monthly -13- 45 Interest Due Within Due After Rate Maturity Total One Year One Year 3.25% August, 2012 $ 1,166,857 $ 233,400 933.457 125% August, 2012 4,899,940 -0- 4,899,940 3.5% September, 2012 1,000,000 1,000,000 -0- 7.5°/o October 10, 2013 172,119 172,119 -0- 4.54% July, 2014 40,218 14,625 25,593 4.54% July, 2014 41,125 14,517 26,608 4.54% August, 2014 39,973 14.108 25.865 $ 7,360.232 S1,448,769 3 5,91 1.463 Future Maturities* FYE 9/30/1 2 - $ 1,448,769 FYE 9/30/13 - $ 5,876,647 FYE 9/30/14- $ 34,816 FYE 9/30115 - S -0- FYE 9/30116 - $ -0- Thereafter - $ -0- -14- 46 D & J ENTERPRISES, INC NOTES TO FINANCIAL STATEMENTS - CONTINUED September 30, 2011 I NOTE I _CONCENTRATIONS OF_CREDIT_RISK Financial instruments that potentially subject the Company to concentrations of credit risk consist principally of temporary cash investments and trade accounts receivable. The Company places its temporary cash investments with only FDIC regulated financial institutions. However, at September 30, 2011: the Company had account balances at these institutions above the FDIC insured limit as follows: AuburnBank, certificate of deposit - S10,000,G00 AuburnBank, certificate of deposit - S 5.000.000 RBC Bank; certificate of deposit - S 1,745,161 National Bank of Commerce, certificate of deposit - $ 980,000 Concentrations of credit risk with respect to trade receivables are limited due to the Company's policy of evaluating the creditworthiness of potential customers before entering into a contract and due to the large percent of the trade accounts receivable due from governmental entities. An area of potential concentration of credit risk exists due to the nature of the Company's business. A significant portion of its revenue is generated by site work and road building contracts within the State of Alabama. A downturn in real estate development or road c0nstructi0r1 could adversely affect the Con1 an 's revenue. NO-VE i - F-tJ-FURE_LE.,ASE. _OBLIGATION The Company leases various items of construction equipment under operating leases on a -weekly and monthly basis At September 30. 2011. there were no future lease obligations. NOTE K -ADDITIONAL CASH FLOW DISCLOSURES 2G11 2010 Interest paid $ 273,660 $ 160,884 Income taxes paid $ -0- S _0- Non-cash financing of equipment purchases $ 129,743 $ -0- -15- 47 D & J ENTERPRISES, INC NOTES TO FINANCIAL STATEMENTS - CONTINUED Seotember 30, 2011 NOTE L __RELATED PARTY TRANSACTIONS During the years ended September 30, 2011 and 2010, Company leased equipment from Tara Leasing & Sales, Inc in the approximate amounts of $410,000 and $1,087,000 respectively. The stockholders of the Company are also the stockholders of Tara Leasing & Sales, Inc Richard D Starr and Janies L Starr, the stockholders of the Company, are also owners in various additional operating companies. At September 30, 2011 and 2010, respectively, the Company had outstanding cash loans to these affiliates in the following amounts: 2011 2010 Richard D Starr & James L Starr, LLC S 7 259,136 $ 7,218,135 PASS, LLC 2,093,005 2,048,005 H A & S, LLC 219,700 214.700 Harbor Pointe Tiger Suites 1.185,971 1,185,971 Harbor Pointe LLC '143.220 143.220 S 10.901.032 S 10.810.032 NOTE M - INCOME TAX UNCERTAINTY The Company has adopted the provisions of Interpretation (` F!N No. 48. `Accounting for Uncertainty in Income Taxes...". This interpretation prescribes a higher threshold for determining when an income tax benef,f can be recognized than the threshold used in claiming deductions on income tax returns. The adoption of FIN 48 did not have any impact on the Con-1pany's financial statements. The Company's federal and state income tax returns are subject to possible examination by the taxing authorities until the expiration of the related statutes of limitations on those tax returns. In general, the federal and state income tax returns have a three year statute of limitations. The Company would recognize accrued interest and penalties associated with uncertain tax positions, if any as part of the income tax provision. NOTE_N- 401.(K)._PLAN The CorY►pany offers a 401(k) type retirement plan to provide retirement benefits for its employees. Employees may contribute up to 15% of their compensation to the Plan, lin-iited to the maximum amount allowed by law. Currently this maximum is S16,500 for employees under 50 years old and $22,000 for employees 50 years old and older. The Company matches each employee's contribution up to 4'', of compensation. Company matching contributions for the year ended December 31. 2010. were $88;006. -16- 48 D & J ENTERPRISES, INC NOTES TO FINANCIAL STATEMENTS - CONTINUED September 30, 2011 NOTE O - CAPTIVE AND FOREIGN CORPORATION In January, 2011; the Company purchased a 5.260io interest in a captive insurance company, Southern Construction Group, Ltd ("SCG")_ A captive is a company.formed by an operating business or a group of operating businesses for the purpose of insuring the risks of the operating business or businesses. SCG is a Cayman Islands exempted company with limited liability It vvas formed in March, 2005. NOTE. P - SUBSEQUENT EVENTS Management has evaluated subsequent events through October 28, 2011, the date on which the financial statements were available to be Issued. Management is riot aware of any subsequent events that require recognition or disclosure in the financial statements. 49 SUPPLEMENTARY INFORMATION -18- 50 ` mv^,rnu^`osmn"' ro«In,u,,vIAC~un, INN n ,cupxo`c,,,u^-ow^ xnvom.ux.v^mc/n,o, p^cem/,./a./^/^`,^ axnncormuc^rco,q^xm INDEPENDENT ACCOUNTANT'S REPORT'ON SUPPLEMENTARY INFORMATION To the Board o[ �/neotors D & J Enterprises, Inc Auburn. A|obenna My report on my audit of the basic financial statements of D & J Enterprises, Inc for the year ended September 30, 2011, appears on page 3. That audit was conducted for the purpose of forming an opinion on the basic financial statements taken as a whole. The Schedules of Earningo from Contnsots, the schedules of Contract Income Contracts in Progreaa, the schedules of Contract Income Completed Contracts, and the Schedules of Other Operating Expenses are presented hor supp|ernentary analysis purposes and are not considered neoessary for fair oresentstionof the basic financial statements. The supplementary financial mfornnaUon has bean subjected to the applicable audit procedures ! performed in rny audit of the related financial statements In rnY opmion, all of the supplementary financial infornna1ion is fairly stated in all material naapec1s in relation to the basic financial staternenia, taken as a whole. VV Thomas King, CPA October 28. 2011 � � 18' 51 D & J ENTERPRISES, INC SCHEDULE OF EARNINGS FROM CONTRACTS. Years Ended September 30: 2011 and 2010 Cost of Revenues Revenues Earned Earned _ Profit _ 2011 Contracts completed during the year 521,044,427 S 16:901,598 S 4 142:829 Contracts in progress at year end -_ 4,942,806 —4,132,073 810.733 525,987.233 S21033.671 S4,953.562 2010 Contracts completed during the year S 5,392;707 S 3,8423628 S 1,550,079 Contracts ir, progress at year end _ 13. 66.474 _--1.1,487,704 1.978.770 S18.859,181 =1 5,330,332 S 3.528.849 See accountant's report on supplemental information. -20_ 52 D & J ENTERPRISES, INC CONTRACT INCOME - CONTRACTS IN PROGRESS September 30, 2011 Contract Estimated Estimated Cost _ Amount _ Cost To Date ROAD AND SITE WORK Smiths Station School S 554,282 (36,000) 5 590,282 580,717 AU Small Animal Teaching 727,306 109,000 618,306 459,337 Old Golf Course Lift Station 893,167 134,000 759,167 108,437 AU Facilities 418;229 62,000 356,229 213,246 Town Creek 610,059 84,000 526,059 531,164 Publix 739,950 111,000 628,950 186,060 Raptor Road 325,685 47,000 278,685 153,494 Riley Street/Project Noah 1,330,598 166,000 1,164;598 664,359 Aspen Heights 21674,782 368;000 2;306,782 1:047,502 AU Airport Taxiway Extension 2,838,867 560,000 2,278,867 19,103 Contracts Under $300;000 _ 1,612.562 - 236,000 1.376,562 923.675 _12 725,487 - 1,8413000 10,884.487 5,487,094 STORM DEBRIS REMOVAL Chesapeake VA Hurricane 330.000 __ 50,000 280,000 193,873 330,000 50,000 280.000 193.873 $13.055.487 $ 1,891,000 $11,164:487 S5,680,967 See accountant's report on supplemental information. -21- 53 Cost and Billings 'in Estimated Excess of Profits in Costs and Excess of Estimated -__- p D -___-- Billings on Profits on Percent To Prior C .rrent Billings Unoornp|e�ed Uncomp|eted Con�nk�� --D- _�� BB 3 (3�.417) � � (35.417) S 474.835 S 70'485S 74 80976 80.978 710.251 169938 93 '4125,046 125,046 488.278 345.207 ' 80 37.114 37,1114 328.228 7786D 6 gQ 84,815 84,815 552.228 83.751 30 32.837 32,837 3170 85 98198 55 25.887 25.887 247,886 68!'5O5 57 94.897 94.507 417.883 341 373 45 167.108 187.108 858.392 5582l8 1 4.694 4`694 23.7Q7 87 1 7�82 - -�� ----- -- , � �L ��51 ___ 77G] 13 7 3 5.410,054 1,402.811 69 --- 34�10 --'----- __-34.620 82.410 140'1083 __�___ 34j0-20 82.410 __. 146,083 810,733 S -22- D & J ENTERPRISES, INC CONTRACT INCOME - CONTRACTS IN PROGRESS September 30, 2010 Contract Estimated Estimated Cost A-mount _ _ Profit Cost _ _To Date ROAD AND SITE WORK - --- - --- _ ----- -- Transportation Tech 11 $ 449,435 57;700 S 381,735 $ 293,174 Campus G'een 1,460,534 219,000 1,241,534 1 ,162,222 Samford & Donahue Paving 3;218,775 482,500 2,736,275 2:365,232 Airport South Ramp 977,000 146,500 830,500 725,937 Smiths Station School 1,754,282 263,000 1.491,282 515.1-61 Century/ Park. 2 366,516 55,000 311,516 301,592 Technology Information Office 556,592 83,000 473,592 295,537 N Donahue Bridge Replacement 1790,112 455:000 3,335,112 850,377 Auburn; University Aquatics .417,790 63,000 354,7Q0 124,828 Solstice Apartments 1 ,104,532 166,000 938,532 498.183 Auburn University South Quad 692,056 69,000 623:056 319,275 A:LDOT A .3burn Paving 1 .412,385 254.000 1,158:385 803,186 Project AB 11 347,846 52;000 2951846 195;503 Contracts Under S300,0'OC' 456.497 91.300 --..-365,1..97 196.052 _17,004,352 _ 2,467,000 14.537,352 8,657 859 STORM DEBRIS REMOVAL. Haiti Earthquake 10,000.000 2,300.000 _7700.000 _4 210.176 ---- - -- -- ----- --- -- - 10,000 000 ---2,300.000 _i 00,000 -._4.,210._1._76 527,004,352 S_4,767,000 S22 237.352 x_2.858_035 See accountant's report on supplemental information. -23- 55 Cost and Billings in Estimated Excess of Profits in Costs and Excess of Estimated PROFIT EARNED - Billings on Profits on Percent To Prior Current Billings Uncompleted Uncompleted Qom I ete Date _ Year Year To Date Contracts Contracts 78% $ 52:881 S 36,206 S 16,675 S 419 11 $ 68,116 94% 205,010 152,001 53,009 1,460,534 93.302 86% 417,072 432,317 (15,245) 2,158,776 623,528 87% 128,055 128,055 936;551 82;559 35% 90,959 90,959 554,282 52._438 97% 53,248 53,248 362,068 7;228 62% 51,795 51,795 369;324 21,992 26% 116,833 116,833 1,215,598 242,388 35% 22,166 22,166 110,911 36,083 535% 88,115 88,115 753,855 167,557 51% 35,358 35,358 313,715 40,918 69'% 176,115 176,115 778,921 200,380 66% 34,363 34;363 327,953 98,087 54% 41.665 ^ _ _ _ 41.665 215,324 22,393 1.513,635 _620,524 89?,111 9,976,983 975,740 781,229 55% 1,257,585 1,257,585 4,270,721 1,1 97,040 _ 1,257,585 - 1,257,585 4,270,721 1,197,040 2,771,220 S 620.524 $.. 2,150,696 S 14,247.704 S 2.172 780 $ 781,229 -24- 56 D & J ENTERPRISES, INC CONTRACT INCOME - COMPLETED CONTRACTS Year Ended September 30, 2011 Final Contract Profit Contract Contract Prior Current Amount Cost Total Year Year ROAD AND SITE WORK Transportation Tech I; S 546.525 S 449,426 S 97,009 $ 52;881 44;218 Campus Green 1.494,725 955,704 539,021 205,010 334,011 Samford & Donahue Paging 3,215,744 1,866,455 1,349,289 417,072 932,217 Notasulga Water & Streets 352;353 317 186 35:167 35.167 Auburn-Opelika Airport Ramp 1;180,769 1,118.298 62;471 128,055 (65,584) Bullock County Industrial Parr- 408,724 379;682 29.042 29,042 Century Park 11 380,015 323;860 56,155 53,248 2,907 AU Office Information Tech 594;381 543,871 50:510 51,795 (1,285) N Donahue Bridge Peplaceme,nt 3:802,753 3:680,096 122,657 116,833 5,824 AU Aquatics 492,356 451,315 41,041 22,166 18,875 Soitice Apartments 11023,174 870,872 152302 88,115 64,187 AU South Quad 674,743 584,999 89,744 35,358 54,386 ALDOT Auburn Paving 1.325,173 1,137,954 187;319 76,115 11,104 Project AB 11 349,646 222,366 127.280 34,363 92,917 Thatch Pedway 492;474 333,699 158:775 158,775 Smith Station School Paring 907,1 32 629,4-177 278,255 90,959 187,296 Contracts under 5300,000 _2.0,09,017 1.638.462 - 370,555 41,665 328.890 19,250.304 '15,5.03.722 3.746.582 1.513.635 2.232.947 STORM DEBRIS REMOVAL Haiti Earthquake 4,551:328 2,839;990 1 711,338 1,257 585 453,753 North Alabama Tornado 10,325,000 8;275,328 2,049,672 2,049,672 North Alabama Load & Haul 197,938 195,875 2.063 2,063 City of Tarant - Tornado ---186,332 165;961 _ 20,371 -- --- 20.371 5,260,598 __11,477.1 L54 3.783=444 19257_.585 2.525 859 S 34.510.902 S 26.980,8 7 6 5 7.530026 S 2,771.220 S 4,758,806 See accountant's report on supplernental information- -25_ 57 Final Contract Profit Contract Contract Prior Current Contract Amount Cost Total Years Year ROAD AND SITE WORK Opelika Sports Complex S 712,079 $ 598,232 $ 113,847 $ 99,377 V 14,470 Donahue & Magnolia Improverne,nt 1,034,543 883,420 151,123 134,334 16;789 Auburn F09 Street Resurface 1,037,163 873,021 164,142 46,216 117,926 Contracts under $300,000 5.122,875 4:386,104 _ 736,771 58,830 677,941 ____7,906,660 6,740,777 _11165.883 338:757 827,126 STORM DEBRIS REMOVAL Dekalb County Tornado 3,243.175 1.635.548 1,607,627 1,607.627 3.243.175 _1.635.5 48 1,607.627 1,607.627 S 11,149.835 S 8,376,32:5- S 2.773,510 S 338.757 S 2,434,753 I See accountant's report on supplemental information. -26- 58 SCHEDULE OF OTHER OPERATING EXPENSES Years Ended September 30, 2011 and 2010 2011 2010 Advertising S 22,783 24,332 Donations 10,959 5,794 Drug screening 7,440 5,283 Dues and subscriptions 9,935 4,934 Freight & delivery 24,259 12,740 Insurance - group 341,493 374,885 insurance - casualty and liability 504,884 459,674 Miscellaneous 3,610 5.001 Office expense 14,303 23,113 Payroll taxes 68,338 32,900 Professional services 358,595 225,197 Repairs and maintenance 4;162 6,866 Retirement plan contribution 88,006 111,689 Salaries - officers 530 000 520 ,000 Salaries - office 607j479 532,456 Security 44,660 50,930 Taxes and licenses 1,608,647 328,297 Uniforms 30,336 30,477 Utilities and telephone 285.863 302.188 $ 4,565.752 S 3.056,756 i See accountant's report on supplemental information. -27- 59 & Proposal for: Debris Management P�,� D&J Enterprises - References from Past Contracts Jerry A.A Moore Hurricane Ivan—2004-2005 Director Sanitation Services& Fleet Management Job performed: Remove Hurricane Debris City of Pensacola (Vegetative, C& D,White Goods&Stumps) City Hall, 180 Government Center from Public ROW, Reduce by Grinding, Pensacola, FL 32521-10091 and Dispose of approximately 1,350,00 cy. Tel: (850)982-1922 Project Cost-$19,800,000 Fax: (850)822-8001 IEmail: iamoore@ci.pensacola.fi.us USACE Galveston TX, District Hurricane Rita 2005-2006 Mike DeMasi Job Performed: Removal and Disposal of all eligib{e Mission Manager storm generated debris state wide from within Municipal right-of-way, maintain and operate multiple TDSR P.O. Box 1229 sites including separation and reduction by grinding Galveston,.TX 77553-1229 and by burning all vegetative debris. Remove and Tel: (281) 642-7664 haul C&D icku and p p haul to landfill, stump removal Fax: (713) 731-8947 and ha simultaneously from 14 counties including 4 Email: michael.i.demasi(a�swgo2_usace.arrny.gov major municipalities within the State of Texas Project Total Cost-$121,679,403 Joe Safford Hurricane Wilma 2005-2006 Finance Director Hurricane Francis 2004 City of Delray Beach, FL Job performed: Remove Hurricane Debris 100 NW 1st Avenue (Vegetative, C& D, White Goods&Stumps) Delray each FL 33444 i y � from Public ROW, Reduce by Grinding, Tel: (561) 243-7115 and Dispose of approximately 410,000 cy. Fax: (561)243-71669 Project Total Cost-$6,000,000 Email: saf;ord @ci.delra-beach.fl.us f Mike Leath i EMA Director Tornado 2010 DeKalb County, Job Performed: Load& Haul Vegetative and 111 Grand Ave SW C&D from Right-of-way to disposal site, reduced all l Fort Payne,Al 35967 Vegetative debris by incineration and haul & i Tel: (256)-845-8569 dispose of ash. Erna @dekalbcountyal.us � Total Project cost: $2,955,000.00 ' Cecil L.Jernigan,Jr P.E. � Spring Tornado 2011 PPDR Mission Manager, USACE Job Performed: Removal of all storm related 571-408-1449 debris from private prop. and haul to disposal site. Email: CeciI.L.Jerni an�usace.army.rnil Right of Entry mission in 9 counties in Alabama Project Total Cost: $8,541,400.00 I i 60 Proposal for. Debris Management Rg� D & J Enterprises - References from Past Contracts Mayor Loxil Tuck r City of Tarrant,AL Spring Tornado 2011 Job Performed: Load& Haul Vegetative and f 1604 Pinson Valley C&D from Right-of-way to disposal site, reduced all Tarrant,Al 35217 Vegetative debris by incineration and haul& i Tel: (205)849-2800 dispose of ash. mayor@cityoftarrant.com Total Project cost: $450,000.00 Mayor Harold Perrin Ice Storm 2009 { City of Jonesboro,Ark Job Performed: Removal of all vegetative storm j 515 W Washington Ave debris from right-of-way and haul to disposal site, Jonesboro,Ark reduce all vegetative debris by tub grinding, haul Tel: 870-932-1052 and dispose of ground mulch material. {( Email: hperrin @jonesboro.org Project Total Cost-$2,245,211 1 i Robert Morris New York Ice Storm 2006 Director of Technical Support Job Performed: Removal of all vegetative storm ; Town of Tonawanda, NY debris from right-of-way and haul to disposal site, 2919 Delaware Avenue vegetative reduce all ve g debris by tub grinding, haul Kenmore, NY 14217 and dispose of ground mulch material. Tel: (716) 877-8805 Project Total Cost-$1,960,110 Fax: (716) 871-8841 Email: rmorris@tonawanda.nv.us f Kathleen P.Johnson New York Ice Storm 2006 Clerk/Treasurer Job Performed: Removal of all vegetative storm City of Kenmore, NY of debris from right-of-way and haul to disposal 2919 Delaware Avenue site, reduce all vegetative debris by tub grinding, p Kenmore, NY 14217 haul and dispose of ground mulch material. Tel: (716)873-5700 Project Total Cost-$172,699 Fax: (716)873-0004 Email: kjohnson @vi.kenmore.ny.us i Martin K.Conroy, P.E. Ice Storm 2000 Operations & Maintenance Director Job performed: Remove Ice Storm Debris Gwinnett County Department of Transportation from Public ROW, Reduce by Grinding, i 75 Langley Drive and Dispose of approximately 500,000 CY. Lawrenceville, GA 30045-6900 Project Total Cost-$4,500,000 Tel: (770) 822-7400 Email: Kim.Conro winnettc(Dunt .core f f 61 r fi Propo sal for: Debris Management I �RP�,� D & J Enterprises - References from Past Contracts Robert W. Wright Ice Storm 2000-2001 City Manager Job performed: Remove Ice Storm Debris East 3`d and Walnut Streets from Public ROW, Reduce by Grinding, P.O. Box 2711 and Dispose of approximately 300,000 CY. Texarkana,AR 75504 Project Total Cost-$2,700,000 Tel: (870)779-4996 Fax: (870)774-3170 Henry Roark,Jr. Ice Storm 2003 TEMB for Operations Job performed: Remove Ice Storm Debris ' Kentucky Transportation Cabinet, District 9 from Public ROW, Reduce by Incineration, P.O. Box 347 and Dispose of approximately 400,000 CY. 4 Flemingsburg, KY 41041 Project Total Cost-$3,600,000 Tel: (606)845-2551 I Fax: (606)849-2286 I i i i f 1 � i I i i i f i I I 4 I � t 62 r7 BEA. RA �.. (H- DELRAY BEACH 0. . Alf-kwrlca City '��E. 1�,,�i Vi• 1+`1 A.V E.,SIN" f t a.%: C PW A E..r f ,i 34110 1993 }0 o i Mr. Jason Sanders D&J" F.r ei,prises In C. 3495 Loe Road 10 Aiibum, A41, 36832 Sub.je a. Le;t:tel of Cl(m xnendr�.tion-, Rur_ricaane .Frances and S-.rtirdevarle Jeanne (dear Jason: Vry c would "Appr'eciate this Opportunity to express's oOr thanks fog'-thy;exceptional jots D&J f ntwr'prises, Inc. did Ohn6ug ffivrioaae I nrwes and Flurricane Jeanne for-the 1(.1ity of Uclray Beach, Your firm mobilized gilckly and, in eoncert with our debri,,,team S, efficiently �zo1:l�:; �c-f, doirvered and chipped "I1he d obr'is;>vitbAin our City, O:t ee the debris was chipped yoUr personnel delivei-ed the chipperd dohris-to tbe,tAtimate iandlitt situ. %lpprectatiozx is given to the conftaot p:�'ep'<�;�'��.�3".�4.a k1.mir.istrat;ion of the 1.;Cintraot, ax��i NR)tap t? es �rr.f�i<;h alic,.wc�ci ra: tr.� az�c�rat�w:i a•c cc:z�;il_s� tirE;c�;�t°:iS pz•occ s�� and prep17e the necessw.v Paperwork—for F 'IM,e . .0111, pro""ed:t wt:l'ksdiefts.wcve,d•<)li'V"ered tw/ i,'EMA and were �wejepti..d and .f!an Eacem IbInce with thoir v01160.1s. The wntire. dewbris p.roc,o s�s was carried oaa with acid -we had.uo ptoblomw s, with Emy of y;) -i,pusf vin. ;l or sikeontra.ctors. `Thank you Ei ain Cox'�i ob well clone, We would your service.,, to any f, ovti'mmtiita. en ity requiring your serviec3',-i. �iincercly. ,Joseph A Safford I�inance ffireeto'r r .;.('t..r. P[ A V�1 r>,�:'i Ertl i:� '�ffi7.;� is';�n7ud yr f9;;,y:i•rtr/'n/;Flr _. _. �'"' 63 LA- K.E.-C-0-UN- 1 L 9- i D A June '27, 2007 Mr. William Uveoak, Chler' Engin-Pler D &J Enterprises, Inc, 3495 Lee, Road Au.burnf Alabama 36832 Subject: Dl.,.',)'aster Debris Assist.ance Groundhog Day Tornadoes Lake, Co�jnty,, p=lc rldia Dear Mr, Livecak, As Oebris Managernent Coardinators for Lake. County, Florida, we would litre to extend our appreciation to you and your firm's staff for your efforts in the. recoven-y from the Groundhog Day tornadoes that occurred on Febt-L-2t), 2, 2007. This was an unprecedented event for our cornmuni-b/ to experience &Uch destruction over a vil�,ry limited debt-is fleid of only 14 square miles. Unlike a Hurricane Event, for which we cc-An plan & bral,",.el l,"his event occurre',ci if) the early hours of a Friday ;morning when many people were asleep. Unfortunate,!\/, too many lives were lost. To your firm P s credit, D & 3 had representatives "an the ground" in Lake County wit'hin four (4) hours upon notification of potentlal activation of, our contract (the first of owr tt,vo Debris Collection Contractors tinder This was extremely Impoitant as '!t allowed the representative from Public Works and Solid Waste. Management to meet In the field to assess the dcat-naged areas and formulate plans for the most Immediate needs. You were expeditious in setting up the necessary accommodations to accomplish this debris recovery and facilitate the monitoring requirements necessary for Federal Emergency Management Agency (FEMA) and State reimbursernent which ::n turn allowed for enter into a recovery mode as soon as possible, Adldltioncajlly, as we estab ilshed accounts with local dlosposa) factlities and aa Tem'porary Staging and Debris ReCuiction ITDSR) site, your firm was very proactive in coordinating 11'a' AV�:N W'-,1!USTUs,FL32,726 P I 52_�420(178 F 352.742,1 C92 ly 1 114 F 11 i C K E, S1,I I/p.'l r" it UNDA STEWART 'NOXON G, CAO ki`t:'1, V"N"Ort 2 64 D 8k 3 Enterprises, 1,-)c, -J.-une-2 7-1-12007, ---—----------- Page Two this effort. You exercised reasonable pricing for unforeseen Costs that were not t 1, included under our contract and demonstrated your willingme.ss. to assist Lake Count/ in the recovery from this tra-umadc event, Not to take offense, but as we enter into the 2007 Hurricane season, we hope that we. don',.- have the need to call you, Gut:, if we do, I would be honored to contact you again. Thanks for a job-wt-�11 done., Sncerek/ teary D(-20o. Kristian Swenson Solid W(-.,1.9 t e 0!7eratlons Director Road Operations Director ,1Y,'A RMC'AVENRI I',EUST;S,FL 12720 A W i:LA!NF KEN' (..K D r 11�i E ST;�V N k)1:R L I N 1)A STI;W A R 7 1.r0 N' C Dis4rlcl 2) 65 y Qly.ot. -� QhWe if the Dl Sa nit Iitri)m SJ3r7)iCCS /! tCZ Flit SGiC(wn! Am, Mo8r isnile City November 2, 2006 J 1�, teri :�, Inc,. :. 3495 Lee Road 10 Dear Mi., Starr: I^ okws,e ,wicupt IN lator as a shicoro oxpT-088100 Of JYMItUdQ irow, Ow, City of Nn's"'Acol1 •I'p th v dekis cleampp, services vender-e,(.1 by D&J Eate�ipvise;i in 2004 and 200x, rn the �(Yert•ai�t�E�i.c�,�' hug rica es Ivan and Dennis, we were fortunclte to hayo y-oa and your egiploy�es assr5t us in q-,1� recovery e:fEi7r•t, DJIJ t ntet'pt`.e %as k>,gj!y. respgnsivto to the ncapr1l..(.);f'.flee. C:`ity, allcJ.'" ate► residents, (luring ( lh se dirvl( tutt t.inles. I{,ven though M�ilt.il)le, ki�xx°ri.c�la�cs'rGtv��;Yc1 ml:t("t� s�f �}fir tl1.is two—year poviod, I:)&J SI!to: pris,;os koe�(Breit'(".6nvl.zitaicfit WIIII III r th(:; f,:;i'y (?( �c.'t�sF loch t�jj1 -i py()ceo(j,�41 !:O :S',C)`llf.ct ittll�, process 1 ()VC.I` t�tr.Q C:1i11,1ot1 C'liE)►l; v411'�I� C°7`1? : debns. 1 can (xrSdAy say that the City could, oot: have succes,,3- tttly recovetiod in s4o-h ti tirmI�f. ... manner ii not fo.t• the ef'fbrts ol'youl- c()ajpj.ny. +10C' 01TIC contractors choose to take, cAV'st.11ta� ,C of COiI MLI.Il.ities 'a��hon (:lisastc.i strilces, ().11r' . e; pelienco with yow. companz / has t`rvoaled n cotnsx'knent and dc; DEPARTMENT OF' T`HE ARM*V C r�t�`.�L S`f ON t t 't'RIC i',COr VS OF ENGINEERS GALVESTON,TEXAS 77661122G - - K --REPLY TO ATTI OP August 3, 2007 Bay Ar�ta Office Richarcl D, Starr p,es,6ent y r1 D&J Entorpri a s, Lne, . 3495 Lee Roach W Auburn, AL, 36832 Dear %Mr. `_Tarr; � want t,� thank k /1.0 and your �� } �,3s for t1 ri t t, ��less, n `i't t' 1 t fr p(l { f0 �S� . V1:1A f t 1 you J`-11:Fi` �1 ��}.o��r�JV fIJ IP.'.��r +j-i.�:) L�l�i,�, f�i nl! Sl.l J li i'l .l\J:l��:'V'+i r/ tRiU,, "U'lle Debris Minion in'l exas, as part of the U', Am1y Corps o'( Engineers' Hi.rricanc In Recovery Vi fission, was a rn,ior tin den,.alchi g. As you know 1yahapd to recovor and rur:uco over 4, oi� ,uhic y�rds of do'b`is in just t? l�E,`N slaoz`t i1'1C1i11,h4, I was imprescsed with .Dct� Ps indti.i 0ve and profossionalism, D&J rein Lined fl.oxible and n1 i1& ltivery efk`}rf to inipYovo reco-ye y operations and proviCtc Vilj'>.iable inj)lut to critical tasks. Tito, positive lt"ti4 do 'and t"Oncern ck s�l'�;ety Ci"()rn �j'� i11i�.itcig(;tileilf l'orltll 1VaS ai�}o t'Z�'��3t�1'CC� Galk'`� <1t i�iC` lilb(>i`�i level. ��i� iTi l(jc Iif'e fooi' th(,- Debris team and ;7,yse,i.f easier ii'i 0 fto n di.'iicu1t and j'i�ctic co? d-Worm:, DCS per . \ . the c y t'r CL tt ,x as _ l L e L know /&J, Y_`iil Co nti.-lio to e lL of iF .A{ ail iltti,?I',, endeavors. It Weis tnuly %i lf'w3 irc to works `vid:h o" and the rest of'your staffatD&J and I look, t,(7,ward to vV �.Cing with r 1.110 'ftl - s � t> � ; , ; , , o� 5 oc in L �t I r�o i have, +i7� �:_tes%.oi�s r� <u°dA�1,tk�k correspondence, plicase Call rine it >81 1-642-7664, 664, ;N/I.ich vE dU 'asi Mission W111ager ' L brt5 67 BENJAMIN COLDMAN LOXCIL B.TUCK LYNN KEITH CITY ATTORNEY MAYOR CI'T'Y CLERK CITY OF TA NT 1.604 Pinson Valley Parkway P.O.Box 170220 COUNCIL MEMBERS Tarrant,Alabama 35217-0220 COUNCIL MEMBERS JOHN T. "TOMNI TY" 1BRYANT 205/849-2800 JOE A.MATTHEWS ANNETTE W. RUNNER Fax 205/849-2805 KRISTI TAYLOR LAURA HORTON MAYOR PRO TEM To whom it may concern: Please allow me this opportunity to express my sincere appreciation for the outstanding job that D&J Enterprises has done in removing tornado debris within the City of Tarrant,Al. The D&J employees were a pleasure to work with. D&J Enterprises not only displayed an exceptional knowledge of FEMA regulations, they were also courteous,caring, and professional. Tornadoes are not something that the City of Tarrant has had to deal with previously in my administration. It has truly been a blessing to have a partner like D&J Enterprises to help the City navigate through the process. I highly recommend D&J Enterprises to fulfill debris removal requirements. Sincerely, Y `t Loxcil Tuck Mayor 68 ;�� IkKALB co,u-.,N,"r-Y, t NCY MANAGETAL NT A GENCY E-NIERGE e- III GrandAvenue, SW, Sulte ZI Fort Paype3 At.; 3590 Office (27,56), 843-8,569 X'1'1,-.x (256) 845-8790 JN/liclmcl A Leath, Dil•c-otol. .jump 17, 2 C,10 RObert Auhl,.an, At,36�M D e,a-'R.o b er son,'Id, r-cot-loltrionclation of D I '-o ot-hor wk imay loc,- soellci' It is with gcoal: pilic/asuto. !:hal-J. offc,,r tl pe-1 1,�:grardnlg the kdobTis Sarvic.-e's off"er-d by D A j. 1[hough we hope. we no-ver 1'ecjulrc,,your scrvicos (in 1-lhe ful-la ,your Company has scrviu-., to the oiciz(-,-�Yls (f DeX.a.11) r-,Dul)(.y p," qje I V C; tlltl I o 1-[-L,wl.o nc,dnt. V/P,',u 0 p le; hic a 'your pc,,i'sonnl a. I I", -,ci witt t, �uahty of. P 11Nc, its f"JI,• subcou"t".'actors, YO',-) havc, F.,inally, V/c You oosscss u, ra c o 11 yv th I is [I Vvillicl., is iii Yll-)Ur i �,Cl Jailla. Cok.lflty i-jul'A. "ChEmk yo'u again for asc 01,111ty W,-th ATOM 1.11115 ditsastol, Miclia-cl D. 69 • I I l ,f 7rowtvr,- o P.O. BOX 1835 41343 Al Hwy 75, Geraldine, Al 35974 Photne (256;659-212 Fax (256)659-5135 ,i 1,1110; 17,20 i 10 i'f�:c '1'o tl .1 t 7�rC�1�� r;f,�, .tr1lG�fi4x; �'Utir X61 aml craployoes woulct Eflike ic) ttiak:livIr. .l.. u-ak X11- 1j'o`' colo-, ul Rot),.vt SrAt'.101 a.-ocl.)I:).:iorl Saa—tod'S for(;�1Gii' o-I'vice,, Itty 0l/hIg tl.i.( �V ? li(it;.�1X% :i G�ftCCOr1.111t1C1C' the shoom 1.11 our Vocal l-ovnisp`r\jplo Li rf>��G"LCD`=:=9��►7P.��%t-c�.�"-� �•�v{:'��' ��/?�%,t�.l//��`•=,�• 70 TIAN COUN1"lly E,'V1fH'RG1`NC'V "hurch-Rd t 1400--Ozark--, m10---s5-T2j-- Phone'. 41"71-581-2126 FaX: 417681-2.36�, E-Mail,phi1a69662@aoj,corn, A Wcorps- Phi, Amtower, Director Nfay 7, 20,07 D & J Enterp•isos, Inc, 3495 Lee kc),acl 10 A1.0 urn, AL 36832 Dear �,Ar, Starr, Picase accept this letter as a sinoore expression of gratitude firom Christian County for th,,,,, Ae-bris cleanup services rendered by DclU Entorprisos in January, 2007, In the aftermath of a i'massivo 1(,,Q,Storm, wo, were Fortunal.e, to have you and your employees assist us in our recovery offort. D&IJ was highly rosponsivr3to tho n r idents during theso difficul-t th-nes, Ewen thmugh we had over 500 mil s m' I oeds ol, tho, Christian County res, 0 -1 m1ral poration was dotio in a timely and profossiona( manner, with over thive hundred Cm, I unty roads to cover, the ontire o thousand Cubic,, yards pfoce'sSe'd, I know for ,,I. 't"aOL-, that the County could 110t COVII-PtOtOd RIGA II , _)�k'tS Of YOL►V GO Mpally. `N'Oject' if not f0t j Lh.0 el"R -S., your o0mixiny Inas a Vlarly C-C)ntracton� choose. to tak.o advwntage of commurlifies when disaster Striiklv egt.itv of 'D&J( strong, cwmr tmont and desin,, to h-olp Jurlag such tirows, ol orisis. Tho prof6ssionalism and, nt omplovees Was a r(d.'resiling oiange' l' ?r these. roasoms I tkakc pride !In revcm-nmetiding 'A"M'd U'.ntevpriso,,) to any Community facinpy a disaster 0i0c'V1L1[) W10 encot)-sago you to 'Imave potential clients conmot me at `4 17) X131"-212( regardingf Lh.-I work pondorm','ITION-1 D&J Ft-aecpl ises• Thanks again Cor the great seiwice, A III I r4 I Ani'-wv-r Director, Christian C"County Ernerc,encv Management- 71 r ti , Ii ' '(1_�l i(J I - 4 OFFIcT OF v CLERK TREAS R.ER 2,919 Dc,tawarc Avenue, Kcnrnor ._,. 42-17 C`lork/Treasurer www.vi.ken,Ic)re,t�y,Ls, 'Yo `Vaom It ti/ q ConCel'n: T'll�; Village of Ke �i��o�`e cc;i�ti'�cteci w"t" 1� ,.i ly,nt�rpri�,c, fc,r i��.{l',>oscs ()I r.�!:.1 ovI_7.A c) dt;h{'i3 li1 CO{iPI�;G(1011 tt./lLh a wint-cr storm that oCG,t,ti'rect in Erie ("'pu cy oil (.)c:o.bc-,` 12, �t�i1i;, b..) Z VJ�LS alS(? r�;;i ni tl'C�° j;l'liil111111f�, rt lT'iOV i {ld Stul'1IJln , l'h<U Village, of C�.clilrlorc, (-o�rc�cl S:)&,S to �� very c,��operi.tivc -o work with, "xild Very pro 'c-ssio,nai and diligeni: is its} work.. Its expertise, not oilly ill perfor{rlin; the cc:)ii'tracte sc;rviccs, l,wt also M its ( i.lnd rtiraml;M FEM.A re ts., was, most he;ne icial to, 'he Villap i.il its (,,ican-i.ip cC-V rts, t}r, l:�c,h��l.i'c;'i t.l�c; Vii i,}c of f�cr'z��';ot`t�, r r:�.{�� 1�:�15e:1 to o?`L`6r tI)i'; rec c)r��mcr�c <.ttioi"� 'o Dc`,�..l ,{1te;rpriteS: t 1 }Ol.i 5110L1iC.1 hrlv(, iitw qL{eS{:,10t1S, or d(.,siCC., additional lilf0:i'1"lclll0il �.)f,Y't:%lli1Rll.t� to D&,i Enterprises, pie-:I.Se feel 'Cl,ec to cotltaot 1'ae at (71 6) 8'73-J 7 DO or Vigil e1'm;.1.il (at Very truly j/mAIIS, i \.athlc,Cnl S', ,t\ilmsor, I.f li: 1.�C3Ch��i'oClSLli'Lf' 72 Miami Beach Proposal for: Vt Disaster Recovery D & J Enterprises Technical Approach I GENERAL OPERATIONS PLAN I a) introduction I The following pages represent an outline of the approach and methodology implemented and practiced t I by D &J Enterprises, Inc.'s (D&J) principals and officers during the anticipation and/or actual occurrence of debris generating disaster events. It is the framework by which D&J approaches and responds to such events. i i Considerations for a Debris Management Plan must take into account that each disaster has its own unique qualities while also containing common tasks to be addressed. Differences in local E circumstances, local laws, ordinances or regulations, debris make-up, site locations and terrain, traffic conditions and priorities of public needs are just a few. It is with this understanding we herein offer this general Debris Management approach, recognizing that each disaster will have its own unique qualities which may require adjustments to this general approach. However, the past 40 years of experience gained by D & J's principals and officers, in dealing with a wide range of disaster cleanup projects, has provided us with the knowledge to respond and work effectively and efficiently with the contracting agencies to adjust to and handle changes in conditions and/or contract amendments as may be necessary. Under the assumption of award of an indefinite delivery-indefinite quantity pre-event solicitation for debris removal operations.for any area within the jurisdiction, D &J's first action would be to notify its subcontractors of the award and notify them of the regions/sub regions awarded. I Although D & J Enterprises, Inc., enjoys a long-standing 40 year history with over 300 reliable subcontractors throughout the United States, its g principals and officers have never been totally dependent on subcontractors to perform their work. Our in-house team of professionals and equipment allows us to respond, activate and manse debris operations g p well in excess of 1,000,000 C cubic yards. I 73 �y d I� :uTr•:�;�'�fir-`'� ;o " Mme- i W. Z�4 CA CD rt 5 r } ' E w a b ti 1 y i n coo � p 74 Alliami Beach Proposal for: jDisaster Recovery r R P� D & J Enterprises - Technical Approach continued MAINTAINING A STATE OF READINESS r D & J Enterprises, Inc. has an investment of over$10,000,000 in specialized debris management equipment i as can be seen in Tab 2 (D &J Enterprises Company Owned Equipment). This company-owned list includes i an extensive fleet of tub grinders, loaders, dump trucks, tractor-trailer dumps, air curtain burners, portable generators, and other specialized equipment necessary for debris management and removal. D&J's fleet of low boy and other transport trailers and tractors enables them to transport their own heavy equipment immediately. This allows D & J to mobilize and begin work immediately without having to rely solely on y subcontractors. This extensive investment in personnel and equipment provides D & J with a decided x advantage over many of our competitors who rely solely on the performance of their subcontractors. D &J's "ready for mobilization" equipment and personnel, augmented by its extensive reserve of subcontractors allows D&J to achieve maximum production in a quicker period of time. As additional support for this equipment, D & J Enterprises, Inc. has extensive shop and maintenance personnel and facilities in its home office location in Auburn, Alabama. Emergency debris removal and response equipment is routinely maintained for functionality and safety. D &J's pool of full-time mechanics are available for immediate deployment and on-sight duties during a disaster, and they will properly maintain the equipment while it is workin g. During periods following the completion of a debris project,the equipment (I is returned to the home office where it is taken into one of the two modern 20,000 square foot facilities and f given a thorough inspection and any upgrades, improvements or necessary rebuild or maintenance is performed. In addition to its own company-owned equipment, D &J also has a reserve of committed experienced debris f removal subcontractors, previously employed by D&J, located within an eight hour response to Miami Beach. i b) Pre-Strike Preparedness f l The following is an outline of corporate procedures after award of a pre-position contract in anticipation of an impending event. It outlines the activities of D &J Enterprises' key disaster team personnel during the 24 hour period prior to an anticipated hurricane landfall. i Pre-strike activities in an anticipated event (for example a severe weather system with predicted tornados) in advance of mobilization when awarded a pre-position contract. Key Personnel Involved in Pre-Strike ke Inrtial Planning and Mobilization: P Richard D. Starr-Chief Executive Officer(CEO) James L.Starr- Chief Operating Officer(COO & Director of Disaster Operations) Christopher Starr- Information Officer(iRO&Operations Manager) Oscar Hardee— Equipment Management Officer(EMO) � i 75 Alliami Beach Proposal f or.- Disaster Recovery P R1 ! D & J Enterprises - Technical Approach (continued) b) 1 Alert Level ! 0-24 hours prior to anticipated strike: i Media outlets and weather channels are monitored and tracked daily by the Director of Disaster Operations. When a potential strike appears possible, the Director of Operations will notify the I President and Chief Executive Officer of the potential impending event_ Upon notification, all assets and resources become under the direction of the Chief Operating Officer who will then assume the duties of Director of Operations. The Director of Disaster Operations Officer will then: b) 1.1 Call a meeting of all Project managers and Equipment managers alert them as to the potential I event. t b) 1.2 Review the data base of all experienced subcontractors and determine priority list for contact. Group known,experienced subcontractors into the following contact priorities: at 11 i i. Level One Subcontractor—Those Subcontractors residing in the anticipated strike region. ii. Level Two Subcontractors—Those Subcontractors residing in states contiguous to the anticipated strike region. iii. Level Three Subcontractors—Those Subcontractors residing in states outside and not contiguous ` to the anticipated strike region. bi 1-3 Project Managers initiate contact with selected subcontractors that are located within S hours i of projected landfall, placing them on alert for a potential event. They will inquire to the subcontractors as to the availability of equipment and manpower, and their readiness. b) 1.4 Equipment Management Officer contacts national account equipment suppliers and local equipment suppliers within 500 miles of the potential event landfall and will determine: inventory, commitment, the type of equipment on hand and the anticipated delivery capability. The company currently enjoys a priority call rating with the following National Equipment providers: o Hertz Equipment Rental l o Rental Services Company o National Dealers for; o Caterpillar i o John Deere o Komatsu o New Holland o Diamond Z Corporation i b) 1.5 The Director of Disaster Operations alerts all employees of the disaster team through a company memo, then a company meeting, of the potential impending event and have them begin preliminary personal preparations for 48-hour notice for departure. # { 76 Miami Beach Proposal for: Disaster Recovery �RP Z D &J Enterprises - Technical Approach continued pp (continued) { b) 1.6 The Director of Disaster Operations will notify Miami Beach of the designated D & J response spoint of contact person and provide them with a 24-hour immediate telephone contact number. e b) 2 Alert Level 11 0-24 hours prior to anticipated strike: b 2.1 The Director of Disaster 1 ) to Operations will meet with the Protect Managers and review updated tracking information and predicted landfall possibilities. Any changes or revisions in the landfall predictions will be noted and the data base of subcontractors reviewed again and updated for logistics. If significant changes in landfall predictions have occurred, additional subcontractors will be assigned to the Project Managers for contact. They will then review the list of subcontractors contacted and their state of readiness and potential response capabilities. b) 2.2 A Senior Project Manager will be dispatched to an area within a few hours of the anticipated strike location and establish a temporary staging and deployment center in an area located within a few hour f s o the anticipated stake location, to be used for staging equipment and personnel during the 24- 36 hours preceding the anticipated strike. b) 2.3 D&Ys Equipment Logistics Officer will be given instruction to begin acquiring necessary permits I to deploy equipment to the temporary staging and deployment center. The Company's Transport Coordinator uses in-house truck routing and GIS/GPS software (e.g. Rand McNally Tracker, DMS lnfoCAD, ESRI Arclnfo) to discern the optimal routes for D & J Equipment and mobilized subcontractors to reach the site. The Transport Coordinator contacts states through with trucks and equipment must pass to ensure needed sister state agreements for weight, size, and other parameters are in place and that all D &J equipment drivers/operators as well as subcontractors are informed on intra-state travel requirements. b) 2.4 Upon receiving notice from the Contracting Agency or at the discretion of the Director of Disaster Operations, D & J will transport part of its debris removal equipment toward the anticipated landing area so that equipment and personnel are within a few hours reach of the anticipated "strike" location. bL3 Alert Level 111 0-24 hours prior to anticipated strike: b) 3.1 The Director of Disaster Operations will meet with the Project Managers and review updated tracking information and predicted landfall possibilities. Any changes or revisions in the landfall predictions will be evaluated and a determination as to the most reasonable temporary staging and deployment center will be made. If necessary, the designated Project Mangers already dispatched to the first anticipated temporary staging and deployment center will be notified and transferred to another location considered to be more effective. i ( 1 1 b) 3.2. Upon receiving notice from the Contracting Agency or at the discretion of the Director of Disaster Operations, the Director of Disaster Operations, the Project Managers, and debris loading and i 77 D & Enterprises - Technical Approach continued I � Pp (continued) hauling crews (minimum of four) are dispatched to the temporary deployment center in preparedness for immediate response following a strike. I d) 3.3. Upon receiving notice from the Contracting Agency or at the discretion of the Director of Disaster Operations, Project Managers will be instructed to notify their subcontractors on stand-by, located in the anticipated strike area, to make pre-mobilization plans and to provide the Project Managers with estimated response time upon notice from D&1 to mobilize. b)4 Alert Level ICI 0-24 hours prior to anticipated strike: I b) 4.1 A work force of management and loading and hauling crews (minimum of four) will be poised to respond within a few hours following the landfall or strike for the immediate emergency needs jresponse. Upon receiving notice to proceed from the Contracting Agency, the full mobilization plan described in the following section will be activated. f DEBRIS MANAGEMENT-EQUIPMENT AND MANPOWER MOBILIZATION PLAN In case of an anticipated event, as outlined in the previous Section, a work force of management and B loading and hauling crews (minimum of four) have been notified, prepared and will be in the affected region/sub region and poised to respond within a few hours following the landfall or strike for the immediate emergency needs response. Coordination with Government Agency (SPSA) and Appointment of Key Personnel The Director of Disaster Operations (DDO), Operations Manager (OM) and other Project Managers will meet with the appointed representative of Clark Country to review contract requirements and review task orders. Once this meeting has taken place, a defined list of equipment and personnel necessary will be identified. D&1 will then begin to complete the mobilization process. Assignment of Ulanagement Personnel i The Director of Disaster Operations (DDO) will deliver letters of appointment (with signed acknowledgements)to the Miami Beach representative for the following personnel: ` Operations Manager(OM) f Safety Officer I Quality Assurance Officer i Load and Haul Project Manager Temporary Storage and Reduction Site Manager —_J 78 `r Miami Beach Proposal for: ! Disaster.Recovery �-ft P� D & J Enterprises - Technical Approach (continued) Obtaining and Possessing Necessary Licenses and Permits f The Chief Operating Officer (COO) will investigate the state and local statutory requirements needed to perform the work described in this pre-position proposal in the affected areas and determine I what permits are necessary to complete the work. After acquiring all necessary permits and licenses, i the COO will then prepare copies of all necessary permits for delivery to the County Contracting Officer's I Representative. Submittal of Sire Plan and Construction of DMS/TDSR Site After the assignment by the government agency of the DMS/TDSR Site, a physical review of the site will be made by the OM, and the company's Site Manager and Representatives of the Government Agency. I Within 12 hours of the location and inspection of the site, a site plan will be submitted by the D &J to Rainbow City for approval. The Site Plan shall be patterned after the model provided in this REP and, at a minimum, will reflect:(1)Access to the site (ingress, egress) (2) Site preparation.-clearing, erosion control and grading, (3) Traffic control procedures, (4) Safety, (S) Segregation of debris, (b) Location of ash disposal area, hazardous material Inspection Tower- D & J Enterprises employs a team of in-house carpenters who have constructed several inspection towers to USACE specifications in the past. D &J will have all necessary tools and supplies shipped from its home office in the first deployment of equipment shipped in the Level II phase of"Pre-Event Preparedness" stage referred to above. This is done as a safeguard measure in the event that supplies and materials may not be readily available in the area following a disaster event. The , location of the tower reflected on the Site Plan will be positioned far enough back into the site so that ; trucks are in the site while waiting for inspection and off the main street. This tower shall be constructed to the specifications set forth by the Army Corps of Engineers- "The tower shall be constructed of pressure treated wood. The floor elevation of the tower shall be 10 foot above the existing ground elevation. The floor area shall be 8' by 12', I constructed of 2"x 10"joists, 16"O.C. with 3/4 "plywood supported by four 6" x 6"posts. A 4 i foot high wall constructed of 2"x 4" studs and %2 inch plywood shall protect the perimeter of the floor area. The floor area shall be covered with a corrugated tin roof with 2' eaves all around, and. shall be provided with a rain gutter to protect the access stairs from roof run-off. The roof joist shall not be spaced greater than 24" O.C. and shall provide a minimum of 7 ft. of headroom below these roof support joists. Access stairs shall be a minimum of 36" wide, I and shall be provided with 42" handrail with mid-rail on both sides of the stairs. Stair treads 1 shall be provided with a non-slip surface for all weather access. Inspection towers shall include the construction of a work table, 6' L x 3.0" W x 42" H with a 3/4" plywood top 79 Miami Beach Proposal for: Disasler Recovery P D & Enterprises - Technical Approach (continued) _ 1 p _ pp pI l supported at all four corners. The inspection tower will be adequately anchored. The I cl inspection tower shall be provided with a means to protect occupants against inclement I weather. Establish a gated entrance for security to the perimeter of the site and a guard building to record visitors and authorized ersonnel visiting th p g e site. If necessary, establish a "public" or separate dump area for debris hauled by others with separate traffic pattern and a distinguished and separated (by temporary fencing or other means) perimeter to avoid mixing the debris with the debris hauled by the contractor. Once the Site Plan and construction is approved, the D & J Enterprises, Inc. will locate its office ( command center and, if needed, provide a field office command center for the Government Agency on the 'TDSR Site. The company owns a command centers constructed in a 50-foot travel trailer and is inventoried will all needed onsite management, communications, record keeping and safety materials. This includes such items as truck tickets, safety forms, identification signage, cellular phone, radio I broadcast systems, desktop computer/fax and copying equipment, hard hats, steel toed boots, flags, safety vests and other miscellaneous items necessary to the immediate operations.. This command center will be equipped with self-supporting generators and temporary sanitary facilities if not, or until, available on site. if locating the field offices on the TDSR Site is not an option, D &J Enterprises, Inc. will locate off-site by r either leasing an existing facility or leasing land and bringing a self contained office trailer in to the site. An equipment staging area will be established at the same time on the Site in the Contractor's work area. All equipment is brought into the staging area as soon as it arrives so that it can be inspected and dispatched into the field immediately. i Dispatch Equipment and Personnel to Affected Area to Complete Mobilization � Project managers will review the equipment and personnel requirements and compare with equipment already on hand to determine the additional equipment and personnel to be mobilized. The � Project managers will then review the Company available list, Level 1 subcontractor's immediately available list and equipment suppliers list. The project managers will notify the subcontractors selected for use on this task order. Communication will be given to the dispatcher in the home office of the need of any company owned equipment so that they may begin the process of permitting and shipping the necessary pieces. If additional equipment is needed,the Project Managers will communicate with the equipment manager who will contact the equipment suppliers on standby and order necessary equipment for completion of equipment requirements. i I 80 .1fiarni Beach Proposal for: i Disaster Recovery D & J Enterprises - Technical Approach continued pp (continued) The project managers will determine the necessary company employees to assign for the task order. They will then notify the Director of Disaster Operations who will deploy the necessary employees to the work site. I Establish Field Office Communications Mobile telephones and company radios (with transmission tower) will be the main source of communication in the field.office until local land line telephones can be installed. All D & J trucks are equipped with company radios. in addition, all D& 1 Managers, Supervisors and Foremen are equipped with mobile telephones (cell & satellite) for outside communication in order to coordinate the mobilization and dispatching of equipment as well as being available to the owner's or owner's agents. All company administrative personnel, including the Operations Manager, have electronic linkage capability for cellular telephones, satellite communications, internet access and fax access. Records and communications are made using a network of personal desktop and laptop I computers. As quickly as equipment is available (local services may be out for a time following a disaster)all field telephones (land lines and cellular) are given local numbers to facilitate communication with the Government Agencies, local suppliers and members of the public. As soon as the field office is established,office personnel will be available for communications at all times during hours of operation i Inspection of Equipment before Beginning Task Order All equipment previously dispatched and on hand for debris loading and hauling, will be brought into the staging area for safety inspection, identification, measuring and numbering before being deployed to any work area. ' !' Each piece of equipment will be inspected and a written inspection report prepared denoting results of the inspection. In addition to the safety inspection checklist for trucks & all vehicles (trucks and trailers) will be inspected for current license, tags, registration, and insurance. The inspection report will denote the truck owner and the truck driver.A copy of the operators drivers license will be copied and on file. A determination of driver qualification will be made (i.e., requirement of Class A License). Trucks to be used in hauling debris will be inspected for proper tailgates and proper sideboards or other extensions as well as the previous check list. i k 81 4 J Miami Beach !� Proposal for: ! h Disaster Recovery ' �RPR D & j Enterprises - Technical Approach (continued) Before a truck will be assigned a number, the inspection report and driver information will be made available for review by the Government's representative and the Government's representative will physical inspect and approve the tailgate and any sideboards or other extensions and measure the truck for capacity. Personnel Safety Orientation All company employees will receive a copy of the company's Health and Safety Manual at time of employment. As part of the company's Safety and Occupational Health Plan and in compliance with the Accident Prevention Plan, a safety meeting will be held before any personnel are assigned to a task i order. The Company Safety Officer will conduct the meeting in the presence of a representative of the Government Agency All personal protective equipment required for the assigned task will be checked before I personnel are dispatched to the assigned task. A Personal Emergency Contact List and Map of Key Facilities for emergency conditions will be passed out to all Company and Miami Beach field personnel. Dispatch of Equipment and Personnel I Following the equipment inspections and safety orientation, Truck Measurement and Numbering, equipment and personnel will be dispatched to the work areas prescribed as a result of meetings between the project managers and the government Agency's representatives. Temporary Housing for D&J Personnel Immediately after award of the task order, the Senior Administrative Field Officer will begin making personnel housing arrangements in the locality for Company personnel. If leasing and motel facilities are not available, the company will transport its own self-contained housing units with generators and provide portable sanitary facilities. DEBRIS MANAGEMENT- DEBRIS MANAGEMENT OPERATIONS AFTER MOBILIZATION FOR DEBRIS I LOCATED ON RIGHTS-OF-WAY During the daily collection, movement, and disposition of debris, the D&J Operations Manager remains ' in constant contact with all Foremen and Supervisors via 2-way radio to ensure that proper accounting i 82 9 AUliami Beach Proposal for: Disaster Recovery D & J Enterprises - Technical Approach continued pp (continued) 1 and operational management of debris collection complies with D&J operational procedures. Mid-day conferences, either in person or by radio, ensure that right-of-way, public/private, and local issues are addressed in real time effort. D & Ys Manager and Principals are mindful of other disaster operations taking place in the affected areas during the debris removal process and cautious not to interfere with the efforts of others during the performance of the contract. I PRASE i -EMERGENCY CLEARANCE OF ROADWAYS (CUT AND TOSS) i Although not always required following disasters, governments may require assistance with the i emergency opening of roadways to facilitate the entry of police, fire, and Emergency Management Services(EMS). During these operations materials are not normally removed to final disposal sites but simply cut and i piled on the public rights-of-way (ROW) as expeditiously as possible to gain entry into the devastated areas. I Initial evaluation of damages will be reported and forwarded to the EOC from debris assessment teams. I The EOC will then assist in communicating specifics to the Debris Clearance Teams. Immediately following a storm or when winds die down to safe levels, Debris Assessment and Debris Clearance Teams will be dispatched from the EOC. Debris Assessment Teams will be the first responders from Damage Assessment. The Debris Assessment Teams primary goal is to communicate impact assessments for all primary routes, critical facilities, and the debris clearance requirements and initial estimates of debris quantities to the Emergency Coordinator. The Emergency Coordinator then logs all communications and identifies the debris locations on the primary routes and critical facilities map at the EOC. These impact assessments will be used to prioritize impacted areas and resource needs for Debris Clearance Teams. The EOC will then assist in communicating specifics to the Debris Clearance Teams. Based on information provided by the Debris Assessment Teams, the Emergency Coordinator will set priorities and will issue urgent assignments to clear debris from at least one lane on all evacuation routes and identified primary and secondary roads to expedite the movement of emergency service vehicles such pas fire, police, and medical responders. € I E f The Emergency Coordinator will establish initial priorities for debris clearance based upon the following t ranking as provided by the Debris Assessment Teams: 1. Extrication of people. i E l 2. Egress for fire, police,and Emergency Operations Center personnel. E 1 I 3. Ingress to critical facilities 83 Miami Beach I Proposal for: ro Disaster Recovery D & J Enterprises - Technical Approach (continued) 4. Primary routes. 5. Major flood drainage ways. I 6. Supply distribution points and mutual aid assembly ar eas. 7. Government facilities. 8. Public Safety communications towers. 9.Secondary routes. 10.Access for utility restoration. 11. Neighborhood streets. 12. Private property adversely affecting public welfare. Durin g the "emergency road clearance" portion of the disaster, billing is'by the hour for the personnel and equipment utilized. This is a FEMA recognized practice for a period not normally to exceed the first 70 hours of the event. When these services are required D & J maintains complete records of all equipment and personnel on Daily Timesheet Reports. These timesheets are provided to county inspectors daily for verification and signatures. Copies will be maintained by D & J and provided, complete with verification signatures, to Representatives of the Government Agency for billing and follow-up reimbursement. PHASE iI - REMOVAL OF DEBRIS FROM PUBLIC RIGHT OF WAY Upon receipt of a task order and at the direction of the Government Agency, The Operations g Y. P E Manager will direct the Load and Haul Supervisor to dispatch the previously selected loading and hauling equipment to locations designated by the Governments' representatives. One foreman will oversee the loading and hauling operations for each crew. The foreman is responsible for conducting toolbox safety meetings, and a general briefing of operations including truck routes, local ordinances and other pertinent information. The foreman is equipped with fire extinguisher, pick-up truck with mobile radio and cellular telephone, first aid safety kit and list of emergency telephone numbers and map to emergency medical facilities. The foreman is responsible for preparing a daily report of activities. The typical load and haul crew will be as follows: 84 & --- M - - r Miami Beach Proposal for: Disaster Recovery D & J Enterprises - Technical cal Approach (continued) ® S Dump trucks 16-20 cy capacity I ® 1 Front End Loaders (! 9 1 Foreman/Quality Control d ' a 3 Laborers/Flagmen I f Before equipment is dispatched to the loading sites, all necessary safety inspections, measurement and ' hauling procedures at the staging area as outlined above. All loading and hauling crews will receive a copy i of the scope of work, accident prevention plan, safety indoctrination, and assigned a crew foreman. All f crews and foremen will be instructed by the load and haul supervisor that they are to work in areas designated by Miami Beach and are not to relocate or move from one area to another without prior approval of the Miami Beach. No employees or subcontractors of D &1 Enterprises, Inc. will be allowed to ! work for private or other public entities while employed or contracted under this project. i LOADING OPERATIONS i. All loaders are inspected prior to operations at the staging area for safety and compliance before being dispatched to the loading location. I ii. All loader operators have received safety briefings before beginning loading operations. iii. Flagmen will be located ahead of loading operations to direct and control traffic entering into i the area. ` iv. All flagmen will be properly attired and wearing safety equipment including hard hats, safety shoes, reflective vests and carrying traffic directing flags. V. All flagmen are under the supervision of the crew foreman. f vi. Operators are cautioned to be observant and conscious of their surroundings at all times, in particular being aware of hanging and downed power lines and structures hidden by debris, such as fire hydrants,water mains,fences, etc. vii. Operators are cautioned not to overload trucks with debris in such a manner that the transporting of the debris could cause the excess debris to become dislodged and fall into traffic { areas. viii. Operators are cautioned to stay on the rights of way and not to enter private property during I the loading process. f ix. Operators will be equipped with mobile radios and are under the supervision of the crew l foreman. i X. Operators are instructed to keep the debris loads segregated between (a) burnable (vegetative), (b) non-burnable (C & D), (c) mixed piles where C & D, non-burnable, and vegetative are co- ` mingled and cannot efficiently be separated at the curbside, (d) other (such as household hazardous waste[HHW]) I P xi. Household hazardous waste (HHW) crew, trained in EPA requirements for handling of HHW, will I load HHW materials, (household cleansers, butane, poisons, etc.) at the curbside by hand in a specially equipped compartmental truck. HHW will be delivered to the collection point designated by Miami Beach. 85 Alfiami Beach Proposal for: Disaster Recovery P D & J Enterprises Technical Approach (continued) xii. All loading and hauling crews are under the direction of a D & J supervisor. Daily reports are maintained by the crew foreman and all equipment down time for repairs are noted on the daily reports. Hours of each piece of equipment and each employee, are recorded and reconciled i with the Miami Beach representative daily. xiii. In the event of notice of a violation as a result of the actions of any employee or subcontractor, the Operations Manager will take immediate corrective action and follow up on the enforcement of such action and so notate in his daily log record... NAUUNG /TRANSPORTING OPERATIONS I I I i. All trucks are inspected prior to operations at the staging area for measurement, numbering, safety and compliance before being dispatched to the loading location. ii. All truck operators will be instructed to observe traffic regulations and follow the instructions of the flag persons. Iii. All truck operators are cautioned to wear safety equipment, including hard hats and steel toed shoes. iv. Truck operators are prohibited to leave with "overhanging" loads. Loads will either be trimmed or reloaded before being allowed to leave the loading area. V. It is the truck operator's responsibility to check and determine that his load is safe before leaving the loading site. I vi. Truck operators will be equipped� p q Aped with mobile radios and are under the supervision of the crew foreman. vii. Truck operators will be issued a "load ticket" at the loading site and will deliver the ticket to the i inspector at the dump site. viii. All loading and hauling crews are under the direction of a D & J supervisor. Daily reports are maintained by the crew foreman and all equipment down time for repairs are noted on the daily reports. Hours of each piece of equipment and each employee, are recorded and reconciled with the Miami Beach representative daily. DUMPING /OFF-LOADING OPERATIONS i. Dumping operations will be conducted at either Temporary Debris Staging Reduction (TDSR) Site { or at a landfill/disposal site designated by the Miami Beach. ii. All traffic regulations and speed limits will be observed at the dump site. Iii. Truck operators will report to the inspection tower and deliver their "load ticket" to the tower ¢ monitor for inspection and approval before proceeding to dump his/her debris. iv. Each truck operator will be directed as to where to dump each load at the dump site location by the designated dumpsite operator. V. Each truck operator will inspect his truck and tailgate after the dumping process is completed to assure that it is secure before leaving the dump area. ivi. Truck operators will follow the designed traffic flow when leaving the dump and return to the designated loading area. f 86 Miami Beach Propo,s al for: i cc Disaster Recovery _ D & j Enterprises - Technical Approach (continued) TDSR/ DMS SITE MANAGEMENT Before material is brought into the TDSR site, all preparations outlined will be substantially completed. The TDSR Site will have staging areas for each category of debris brought into the site. All debris will pass by the inspection tower after entering the site and all loads will be inspected and tickets marked as f to the type of debris contained in each load. SEGREGATION OF DEBRIS r Although every effort will be made to segregate debris on the right-of-way before loading, debris may be mixed and some loads are so co-mingled that they are classified as mixed debris loads. These loads will be directed to the area defined on the site plan as the "mixed debris" pile. This material will be sorted and separated by machines with grapples and "thumbs" and by hand labor and placed appropriately into the C& D,Vegetative, HHW, White Goods, and Metals piles. C & D Debris is non-burnable, non-recyclable debris that will eventually be delivered to a landfill. Samples of this type of debris include mattresses, clothing, household garbage, concrete, asphalt, metals, plastics, manufactured furniture, building components, etc. Some C&D, if well separated, can be reduced by grinding before landfill, reducing the cost of hauling, tipping fees (if charged by volume) and loss of landfill space. Additionally, segregated metals and other recyclables may have value if well,. separated and cleaned. ( P 1 � Vegetative Debris is burnable debris and can be reduced by either incineration or by chipping/grinding. If reduced by incineration, the estimated reduction rate is 959'x, with only the remaining ash residue requiring disposal. if reduced by chipping/grinding, the reduction rate is estimated at approximately E 60%-75%, however, the by-product, mulch, can be recycled. The vegetative debris may become mixed with earth materials such as dirt, gravel, rock, or sand during the disaster. Root rakes are employed to shake and separate the brush and vegetative debris before it is reduced. Sometimes shaker screens or trammels are necessary to separate the earthen debris before reducing. Household Hazardous Waste (HHW) is debris such as household chemicals, pesticides, unidentified liquids, paint, batteries, etc. As mentioned earlier, the primary goal is to separate this material on the i curbside and pick it up separately by a designated HHW crew. These items should be separated at curbside and delivered to the collection points designated by Rainbow City. However, in the event that HHW inadvertently becomes co-mingled with other debris and enters the site, when discovered it is separated from the other debris and placed into a Hazardous Containment area on the site for further disposal by those licensed to handle and dispose of this type of debris. White Goods refers to items such as refrigerators, air conditioners, freezers, etc. which may contain chemicals or fluids such as Freon or oil, which must be remediated by someone with the appropriate license and certifications to do so. These items should be separated at curbside and delivered to the I 87 ' & Miami Beach Proposal for: Disaster Recovery D & J Enterprises - Technical Approach (continued) I j collection points designated by Miami Beach. If however, they are brought to the site for temporary storage, they will be contained in a separate staging area so that they may be inspected and properly cleaned of all chemicals or fluids. Metals will be separated at the curbside and delivered to a separate staging area at the Temporary Debris Staging and Dump Site unless directed otherwise by Miami Beach. These items may be recycled. During the operation of a Debris Storage and Reduction Site, special attention is afforded to the following areas: 1) Site Safety- The Operations Manager and the Site Project Manager will conduct a Pre- ! g Operations Site Safety meeting prior to the beginning of operations of the debris reduction site. Items to be included in the safety meeting will be: An overall review of the Site Plan and directions as to the location of all temporary structures, the planned traffic flow, location of first aid stations, eye wash stations, fire extinguishers and location of sign with postings of emergency numbers. ® The first Weekly Safety Meeting will be held and all information as outlined in the company Safety and Occupational Health Plan will be covered. The Activity Hazard Analysis for each section of operations activity will be reviewed and discussed. • A communication path between the site management and site personnel will be established in the event of an emergency so that an orderly and efficient means is established to mitigate the event. ` 2) Dust Control — D & 1 Enterprises, Inc. provides water trucks which provide regular routine trips throughout the site during the operations keeping dry roads dampened for the purpose of minimizing the 4 dust count. Water trucks are also used to dampen ash residue when removed from burn pit to ash pit. Attention is given to normal wind direction when layout of the site is prepared. 3) Hazardous Materials Containment Area — The Site Manager will regularly inspect the Hazardous Materials Containment area for any cuts, tears or leaks in the protective membrane that lines the i containment area. The Manager will also inspect the berm surrounding the area to assure proper site runoff is still intact. 4) Roadways—Traffic will be designed as to allow the flow of incoming and outgoing debris trucks so as E to avoid congestion. Safety and directional signs will be posted throughout the site along with flagmen to assist and control traffic flow as well as for safety reasons. Road surfaces will be rock laid for easier maintenance and to protect from erosion. Private non-operation-related traffic will be prohibited from the site. 88 Miami Beach Proposal for: I cc Disaster Recovery D & j Enterprises - Technical Approach continued s 5) Communication - Operators and flagmen will be equipped with two-way radios on the same frequency as the office base radio unit so that communications will be readily accessible throughout the site. + i t Di=BRI5 REDUCTION ! ! I Reduction of debris is normally applied to the vegetative debris such as brush and trees debris which is also referred to as "burnable debris". However, the reduction process can also be applied to some items which are considered non-burnable or construction and demolition debris. This would include such items ' s as household furniture, construction materials such as roofing, treated timber. This process is applied for { the purpose of reducing the volume of the material that is being land filled. The economic evaluation of weighing the reduction cost against the unreduced landfill cost will be a factor in determining the I feasibility of this approach. The most common methods of reduction are burning, chipping and grinding, and recycling. Recycling has been covered in the previous section of debris segregation. The following is a discussion of the burning and chipping and grinding methods. 1 g INCiNERA RON There are two general classifications of the burning method, open burn and air curtain incineration. Open Burning -Open burning, ! p � p g, a though very cost effective, may not be suitable for urban areas. The feasibility of this method is very dependent on location and the cleanliness of the debris. Many areas a and locations will not permit open burn particularly in urban environments where heavy smoke can r create health and property damage concerns. However, in rural locations, if the debris is clean, there is I very little environmental impact and the resulting ash can remain on the site, or be used as a soil additive. Bulldozers and loaders are the primary equipment required to operate an open burn process. !� Air Curtain Incineration —Air curtain incineration is also a very cost effective method of reducing clean, t f vegetative debris but with less environmental impact than the open burning method. Air curtain f incineration, incorporates the use of a "burn pit" aided by a forced air blower. The pit can be constructed below or above grade (depending on water table) and includes a mechanical blower to create constant optimal burn rates and an "air curtain" effect. The air curtain incineration system is a C combination of the blower and pit, engineered as a unit to achieve the effect of holding the smoke while feeding air to the fire pit. Since site locations contain differing conditions, such as soil composition, water table levels, etc. there are no air curtain incineration systems standards in the industry. In the construction and operation of an efficient air curtain incineration system, special consideration must be given to the following factors: a) A set back of at least 100 feet between debris piles and the burn area with a minimum E a setback from buildings and structure of at least 1,000 feet. b) Construction of non-combustible "warning" stop blocks (at least 1 foot in height) for f equipment located at the burn pit i I f 89 Miami Beach Proposal.for: I Disaster Recovery R PR D & j Enterprises - Technical Approach (continued) c) Use limestone (or equal material) for the construction of the "pit with reinforced earth anchors,or wire mesh to support the loader ramps. d) Use clay or limestone to create an impervious layer on the bottom of the pit to prevent leaching of the ash from the aquifer. This layer shall be at least 1 foot deep and will be regularly inspected and maintained at that depth in the event scraper activity removes part of the layer during operations. e) Seal the pit ends at least four feet high. j Q Pit construction(in accordance with this solicitation)shall be 8-9 feet wide and 14 feet deep. g) A 12" dirt seal will be placed on the lip of the burn pit area to seal the lower nozzle. h) The blower will be configured to direct the airflow so as to strike the wall of the pit 2 feet below the edge. Operators will be instructed that the debris should not break the path of the air flow except during dumping. E i) Equipment used will be tested and adjusted to assure that a minimum nozzle velocity of 8,800 ft/min (100 mph) and a volume of 900 cf/min/linear feet is produced during burn (` operations. f j) The length of the pit shall be no longer than the length of the blower nozzle. �!! k) The operators shall be instructed to load the pit uniformly along its length. I 1) Operators will also be instructed to extinguish the fire at least 2 hours before removing the ash. m) Water trucks will be used to dampen ash residue as well as areas surrounding the burn site. t CHIPPING/GRINDING Reduction of debris by chipping and/or grinding is an opportunity to recycle the vegetative debris back i to an economically beneficial use. However, the overall economic impact of chipping/grinding compared to burning will have to be reviewed before a determination can be made. Grinding/chipping is the reduction of woody, vegetative debris by cutting and pounding the debris to reduce the woody materials into small pieces or "chips". This method normally produces a reduction of approximately 4 to 1, whereas burning reduces the debris by approximately 95%. However, wood chips have the i possibility to be recycled and used as mulch, fuel,ground cover and animal bedding to name a few. The availability to recycle the chips would be a significant factor in determining the economic value of chipping/grinding. In the construction and operation of a chipping/grinding reduction operation, special consideration is given to the following factors: a) Grinding machines must have a clearance of 300 feet. Warning signs must be stationed around the perimeter of the grinding equipment, warning of possible flying objects from the grinders. ` b) The grinding machines must have screens which produce chips not exceeding 4 inches in length and % inch in diameter. c) Debris must be sorted and clean of other contaminants such as metals. d) Operators must wear hard hats even in closed cab machines while operating. 90 Miami Beach Proposal for: rr1 Disaster Recovery D & J Enterprises - 'technical Approach (continued) e) Root rake loaders are used to avoid contaminating the debris entering the grinder with dirt or sand. f) Ground debris or mulch, is monitored daily for heat and internal combustion and is recommended not to remain piled on site for long periods(2-3 months). E I DISPOSAL Disposal sites for the debris will be determined before operations begin. As stated in this solicitation, woody debris will be hauled to a reduction site and Construction/Demolition debris will be hauled to an approved dumpsite. This submittal encompasses the possibility that a permanent or final debris disposal or recycling/reuse facility may not be immediately available in the beginning of operations, and i we have therefore included the general operations of a Temporary Debris Storage and Reduction (TDSR) site in this proposal. Disposal of debris is the operation of placing debris in its final resting place such as a licensed, permitted permanent landfill. This operation includes the use of hauling equipment. In the Hauling and Dumping operations, special consideration is given to the following: a) All loading and hauling crews are under the direction of a D & 1 supervisor. Daily reports are maintained by the crew foreman and all equipment down time for repairs are noted on the daily Hours reports. f p o each piece of equipment and each employee, are recorded and reconciled with the Miami Beach representative daily. b) Qualification of all operators/drivers is reviewed and determined before being allowed to haul materials. c) All insurance documents and copies of driver's licenses are on file in the field office before beginning operations. d) A safety orientation meeting is held by the Load and Haul Project Manager before operations begin. e) Equipment is inspected and a record of the inspection is retained on file in the field office before operations begin. f) Operators/drivers are versed on the dump site procedures before leaving the loading site. i g) All truck operators will be instructed to observe traffic regulations and follow the instructions of the flag persons. h) All operators will report to the weigh station/inspection tower and deliver their "load ticket" to the dumpsite operator (or government inspector) for inspection and ,approval before proceeding to dump his;her debris. i) Each truck operator will be directed as to where to dump each load at the dump site location by the designated dumpsite operator. j) Each truck operator will inspect his truck and tailgate after the dumping process is completed to assure that it is secure before leaving the dump area. k) Truck operators will follow the designed traffic flow when leaving the dump and return to the designated loading area 91 Miami Beach Proposal for: Disaster Recovery I Rg ' D & J Enterprises - Technical Approach (continued) DAMAGES i All pick-up and hauling operations will be under the supervision of a D&J employee serving as the Pick- up and Hauling Project Manager. I D & J, Inc., its employees and representatives will be responsible for all damages and personal injuries i caused by it or any of its agents, associates, employees, etc. to any persons or personal property which occur as a result of, or incidental to, its performance of the contract. 1 During the performance of the operation, D &J supervisory personnel will inspect the areas in which D & J and its agents are working. Any damages and/or personal injuries will be recorded in the supervisor's daily report and a separate log for such occurrences. If the damages are minor and can be settled immediately, the D&J employee/agent is authorized to negotiate and settle at the site. The D & J employee/agent will have a prepared release form for the injured party to execute. A separate file containing all executed releases will be maintained in the field office of D & J for inspection and review by the government representative at all times. In the event an agreement on a claim for damages cannot be resolved by the supervisor/project manager, the company will provide the claimant the name E of the company's liabili ty carrier and will file a report with the carrier's adjuster to assist in the � I settlement of the claim. A copy of any unresolved claims that are being handled between the claimant and the company's insurance company representatives will be provided to the government representative. ' As on all projects, D & J, Inc. will establish a field office with local address and telephone so that the genera{ public may contact the company at any time with any complaints, request for employment or comments. In addition a sign will be erected at the entrance to the company field office which will reflect the company's name, address and telephone number. A "hot line" telephone number will be established and manned by D & J personnel to record any complaints or comments from the public. A daily log of all calls received will be kept by the person receiving the calls.. All complaints are logged daily and a copy of these complaints will be provided to the Government Agency Daily. A separate record of each individual complaint will be maintained on file which will contain at a minimum,the following information; i) Date of complaint, ii) Name,address,and telephone number of Complainant, iii) Nature of Complaint, iv) Date of occurrence of Complaint, v)Action Taken, 92 IJ{ fiarni Beach I Proposal,for: I Disaster Recovery ; P D & J Enterprises - Technical (continued) Ap roach p vi) Current Status (resolved, unresolved and if so, what action is currently being taken, responses to complaint), vi) Person/subcontractor responsible for damage, vii) D&J person in charge of resolving complaint viii) D&J person in charge of resolving complaint, ix) Copy of Complainant's Release Form if resolved. TDSR SITE REMEDIAf ION AND RESTORATION: I In the event of a natural disaster, a Temporary Debris Storage and Reduction Site (TDSRS) also referent to as Debris Management Sites(DMS)may be used to process debris before its final disposal. This site is usually selected by the government of which we are employed. Substantial site preparation may be required such as proper access points of entry, security devices, control gate, fenced storage compounds, adequate internal haul roads, proper erosion and sediment control fencing, and storm water retention features, to name a few. If a TDSRS is required, the company will, upon entering each site for the first time, photo-document the existing site conditions using both a video camera and still photographs. At the cessation of TDSRS operations, all sites will be restored to the satisfaction of the Government/Owner with the intent of maintaining the utility of each site; leaving it unencumbered for future use and to safeguard the environment. Disposal of all debris and reduction or recycling by- products will be performed by D&J Enterprises, Inc. unless otherwise instructed. Accumulations of the processed debris will be completely removed to re-establish original grades within each site. All pre-existing grades including roads, ditches, etc, will be restored to the satisfaction of the customer prior to final closure of each site. Areas where soils were excavated (e.g., ditches and retention ponds) or stockpiled (e.g., berms) will also be restored to pre-existing grade prior to vacating each site. Pre- { construction drainage patterns will also be restored, as well as all improvements (e.g., trailers, wells, � fencing, construction entrances and built up aggregate haul roads) will be removed from each TDSRS unless otherwise instructed by the government. SECTORING-1 AND PLANNING Following the disaster event and upon notification of activation of our contract by the Miami Beach, D &J j will deploy Key Management personnel (Director of Disaster Operation, Operations Manager, Load & Haul Project Manager, Temporary Debris Storage & Reduction Site Manager) to meet with the appointed 93 Miami Beach Proposal for: co Disaster Recovery �RPg D & j Enterprises - Technical Approach (continued) i I' Emergency Response Officials and representatives at the Emergency Operations Center to plan, coordinate and discuss the emergency road clearing priorities, locations and needs of the TDSR sites (licensing, environmental attribute/needs, permits, access, etc.) and coordination with the local debris removal operations representatives. i As mentioned in more detail in the previous Section of this proposal, an inspection of proposed TDSR sites will be made by a representative of D & J along with the Miami Beach's representatives. An assessment will be made to determine what site preparation activities may be required and what licenses and permits may be necessary for the operation. D & J's personnel will assist in preparing documents for the necessary agencies, including a proposed site plan. Substantial site preparation may be required such as proper access points of entry, security devices, control gate, fenced storage compounds, adequate internal haul roads, proper erosion and sediment control fencing, and stormwater retention features, to name a few. Daily Meetings and Communication Procedure ' As stated in the previous Section, mid-day conferences, either in person or by radio, ensure that I right-of-way, public/private, and local issues are addressed in real time effort. D & J's Operations Managers and Principals are mindful of other disaster operations taking place in the affected areas during the debris removal process and cautious not to interfere with the efforts of others during the performance of the contract, and to assist in resolving any issues immediately. The following is an outline of the company's daily procedures with regard to keeping an informed dialogue between the company and the Government Agency. i • Each debris removal project is assigned a Load and Haul Project Manager. Before the beginning of each Project or Task Order, the Load and Haul Project Manager and the Project Operations Manager will meet with the Government's Representative to define the scope of work,work area, and any Government priority as to areas included in the Task Order. • After the total area of work to be performed under the Task Order has been defined, a map of the area is prepared dividing the total area into sections. These sections are then given a territorial reference (for example Section 1,Section 2,etc,). • Two identical copies of this map of the total area divided into sections are prepared,one for the Contractor and one for the Government. The contractor's copy is kept in the field office headquarters of the contractor. • Each evening a meeting is held between the Government Representative and the Load and Haul Project Manager to review the areas which have not been worked. • The Loading and Hauling Project Manager shall confer with the Government's Representative and shall provide a work schedule plan daily reflecting the assigned location of all loading crews i daily. • A daily work schedule assigning crews to specific Sections previously approved by the Government's Representative is prepared by the Load and Haul Project Manager and distributed to the foremen of each crew. 94 { !Miami Beach Proposal for: Disaster Recovery P Al D & Enterprises - Technical J p Approach (continued) E o Loading and Hauling crews shall not be re-assigned to another location until the area worked i has been inspected by the Load and Haul Project Manger and the Government's Representative and they have determined that the work performed has met the scope of work requirements in the Task Order. o Each evening following the work day, the crew foremen will meet with the Load and Haul Project Manager and will report on the amount of progress in the Sections assigned them. o The Load and Haul Project Manager, along with the Government Representative will tour each Section daily to confirm progress. o When a section has been completed to the satisfaction of the Contractor and the Government Representative, the Load and Haul Project Manager will indicate the completed section on the map by color coding the completed section. This map will provide a visual display of work 4� completed and work remaining daily. II i Crew Deployment and Calculation The number of crews to be assigned will be determined by the following factors; a) total area to be cleaned of debris, b) distance to dump site, c) total estimated quantity of debris to be removed, d)time allowed for performance. f Using the line items for debris removal in this RFP, as a sample,the following approach would be used as a guide to estimating crew requirements to be mobilized. C&D Crew Configuration I The typical load and haul crew will be as follows: 1 I 0 5 Dump trucks 20-50 cy capacity I ® 1 Front End Loaders w/4 and 1 grapple or other similar loading equipment f 0 1 Foreman/Quality Control i 0 3 Laborers/Flagmen ! Assumptions: ® Average haul distance equal to or less than 12 miles to TDSR site ® Average turn around (load at load site,deliver to dump site,dump and return) time, (3/4 hour) I Work day time, 10 hrs(12 hrs daylight less time away for fuel, repairs, lunch, etc.) ® Total estimated number of round trips per crew per day= 20 s Total estimated average capacity per crew=700 @ day B Therefore: o Total estimated quantity of Debris/Total number of days allowed to complete = Total amount of debris to be removed per day i 95 Alfiami Beach i pp� Proposal for: ! tQ Disaster Recovery KPRg D & j Enterprises Technical Approach (continued) o Total amount of debris to be removed per day/total estimated daily capacity per crew = Total number of crews required I Vegetative Crew Confii;uration © 5 Self-Loading Dump Truck(or equivalent)w/operator,40-60 CY capacity i 1 Bucket Truck w/operator 0 2 Chainsaw Operators ® 2 Flagmen/laborers S 1 Mobile Crane w/operator(if required) I Assumptions: { S i Average haul distance equal to or less than 12 miles to TDSR site Average turn around (load at load site,deliver to dump site,dump and return)time, (3/4 hour) Work day time, 10 hrs.(12 hrs daylight less time away for fuel, repairs, lunch, etc.) ' Total estimated number of round trips per crew per day= 20 1 i ® Total estimated average capacity per crew= 1000@ day + ® Therefore: f o Total estimated quantity of Debris/Total number of days allowed to complete = Total amount of debris to be removed per day o Total amount of debris to be removed per day/total estimated daily capacity per crew = Total number of crews required a i Note: i The crew configuration for vegetative may involve additional Bucket Trucks and Cranes depending on j type and location of tree damage. If an excessive amount of trees have fallen on structures and/or if ' there is excessive power line damages, then additional tree removal equipment may be required. However, these additional crews can be added as needed in order to.keep up with the debris removal s f ! schedule. Tree crews would precede the Loading and Hauling crews. In addition to the C & D and Vegetative crews, there may be requirements for Stump Removal crews as well as MSW crews. In cases where a tree has fallen and approximately one-half of the root ball is exposed, it is considered a hazard. After inspection by the Government's Representative and at their I direction,all hazardous stumps shall be removed and transported to the TDSRS and the stump hole shall x be back-filled with compatible material so as to remediate the hazard of the empty hole. i I f 96 9 & Miami Beach Proposal for: �1 Disaster Recovery. 3 y R pg,1� D & J Enterprises - Technical Approach continued pp (continued) Please note that these crew configurations shown here are used as a starting point in the mobilization and planning process. Crew configurations could change as the circumstances of the work areas may j dictate to gain the most efficiency in the removal process. ' During the performance of any contract, safety and contract responsibility are the utmost priorities to ' the principals and officers of D & J Enterprises, Inc. In the administration of any contract, it is the policy of management to see that its employees and subcontractors conduct themselves with integrity and courtesy in the performance of their duties. Courtesy to those who have been affected and E damaged by the disaster, as well as courtesy to those employees of the government agency responsible for administrating the overall project, is expected of all Company employees and d subcontractors. Adherence to Environmental Regulations, Laws and Policies are a top priority to the principals and officers of D &J Enterprises, Inc. and its management. Any violations of these policies are grounds for immediate termination and are not tolerated. Because safety of the public as well as that of the employees, subcontractors and associates of any project has always been a primary concern, D & J's officers and management are constantly making conscientious efforts to maintain a safe and healthy work environment. Following a disaster event, there is an urgency to remediate the damage and return to normalcy as quickly as possible. The principals and officers of D & J firmly believe that this can be achieved courteously and without sacrificing health, safety and contract integrity, i i i i I 97 INSURANCE CHECK LIST XXX i. 'Workers' Compensation and Employer's Liability per the statutory limits of the state of ~� Florida. XXX 2, Comprehensive General Liability (occurrence form), limits of liability $ 1,000.000.00 peroccurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3_ Automobile Liability - $1,000,000 each occurrence -owned/non-owned/hired automobiles included. 4. Excess Liability - S . 00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. XXX F. Other Insurance as indicated: Builders Risk completed value $ . 00 Liquor Liability $ . 00 Fire Legal Liability $ 00 Protection and Indemnity $ . 00 Professional Liability/Medical Malpractice $ .00 Employee Dishonesty Bond $ .00 p�_Th..ft Covering Money and/or Property Of Others 1 .00 XXX Professional Liability (only Applicable to Technical Assistance Services) $300,000 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+-VI or better, latest edition. XXX 0. The certificate must state the RFP number and title PROPOSER AND INSURANCE AGENT STATEMENT: 1 understand the Insurance Requirements of these specifications and that evidence of this insurance may be .required within five (5) days after Proposal opening. If I am selected as the successful Proposers I further understand and agree and acknowledge that failure to procure or maintain the required insurance policy shall constitute a material breach of the contract b which a City may immediately terminate same. Jason Sander, Emergency Operations/ For Proposer/Print Name /Title Si a re of Proposer 2124112 City of'vniami Beach RFP No:27-11!12 Disaster Recovery Serrices 17 of 40 98 - DJENT-1 OP ID:AC DATE(WM/ YY)CERTIFICATE LIB ILA INS 03/16112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONIFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPtRESENTATNE.OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT, If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). �PRODUCER a 601-960-8200,NAME CONTACT Bottrell Div,Jackson PHONE _._._..._.... ..._ ._..__._._rAk !P,O, Box 1490 601-208-74841 Al Not, Jackson,MS 39215-1490 FE-MAIL Robert L.Elliott ADDRESS 1 INSURER(S)AFFORDING COVERAGE_.__.:.._.. NA IC� r _--- - - - __ 'INSURER .Starr Indemnity& Liability Co 38318 INSURED D&J Enterprises, Inc. �INSURER B.Zurich American Ins Company 16535 3495 Lee Road 10 Auburn, AL 36832 INSURER C: _. .. - f INSURER D INSURER E INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD III DiCA.TE D NOPhITHSTANDINIS ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 1AATFi RESPECT T'O IAVHICH THIS CERTIFICATE MAY BE iSSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CO NDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR.... ... _._- AUDC'SUS7 L TR TYPE OF INSURANCE iA78R 'bV��D POL7CY NUMBER POLICY EPF �OLiCY EJCi} - _— ifnl 1DCYYYYY) :jmwDCdYY`!Y) LIMITS GENERAL LIABILITY EACH OCCURRENCE 1,000,000 B X COMMERCIAL ;FNERs.i_ IPT31I.r{ G1..0375760002 0210102 02101/13 PRE1t7SES(Ea=urrence) 100,00 LX:C R ,LIEU EXP(Any ore-person) - 10.000 ---------- PERSONA.-&AB iNjLJR`r s 1,000,000 --------..----- ------- -- ---- -- -------- _-.... GENERAL AGGREGATE t 2,000,00 ktGATE:_.iA'1�- aP- --a ------- ---�- ----- - ---._..__....._ FR_iEacv. _.- ?R.OL�UCTS- C�•.PrC:P.aGL -3 2,000.000 oUTOMOBILE LIABILITY --___— -- — COMBINED G7NGLE .1MI 1000.00 , 113 X ANY AUTO BAP375759902 02601/12 02101113 BvDILv irtJURY(Per aersor,) YuNflED P.i.FT�.t.> A:_ •,�j 3CC'iL':I�7JU'.R`-'fP=r��:Ceni; Qr 3 C'IdErlt r UMBRELLA LIAP . EACr!CCC.URRENCc 3 5,000,00 i A X EXCESS e_7?B SISCCCLO1751512 02/01/12 172/01;13 A(�R-�A _ 5,000,000 r _: -c I CEI7 IVORKERS COMPENSATION X--- — (- 'WC STATU- 'CT= = i ANC EMPLOYERS LIASIL)TY r IN _ _ . _ B - I'r FROPR:ETC pnR'TNcR x�;::L;-w --1 WC375759802 02101/12 02!01113 - E' .. .�f, Er�lMcPAi3Err CXi ,,r} C., ;NIA w --- - - -- - -- - 1,000-- - KY' Ni i,.fi, ,I- :_. Cry��L.•Erl� ;,� 000 (mandatory ill NH ( � t - ___._� 'L CrIS��J�_G"1 CI�+!'+�:`}Y G'C; 3 1.000,000 CESCRiPl'fON OF OPGRAT1-3N;ae(a�+' - 1tSE PO _ —_--- --_____- —_ -- A3� LI�.Y ;mti" :.S 1,000,00 I f DESCRIPTION OF OPERATIONS I LOCA'rIONSf VEHICLES (Attach ACORE) 01„Additional Remarks Schedule,if more%l)ate Is requireJ) �- Re: RFP Emergency Response, Debris Management Recovery Services RFP#27-11112 I CERTIFICATE HOLDER CANCELLATION CITM001 M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Nall Procurement Division ACCORDANCE WITH THE POLICY PROVISIONS. 3rd Floor AUTHORIZED REPRESENTATIVE 1700 Convention Center Drive E` Miami Beach, FL 33139 --- (D 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 99 PROPOSER INFORMATION Submitted by: D & J Enter rises Inc . Proposer(Entity): D & Jr. Enterprises Inc . Signature: dame (Printed): Jason Sanders Address: 3495 Lee Road 10 City/State: Auburn, Al . 36832 Telephone: 334-821-1249 Fax: 334-821-5227 E-mail: d-j storm4 @gmai1 .com Federal ID# 63-0943382 It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all p items or any items according to the best interest of the City, and to waive any irr ularities in the RFP or in the Proposals received as a result of the RFP. It is also understood qfid agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to unders nd and agree than no property interest or legal right of any kind shall be created at tim until and unless a contract has been agreed to and signed by both parties. f March 25, 2012 F r post• ( thorized Signature) (Date) Jason Sanders (Printed Name) 2124112 ViFq of Miami Beach RFP No:27-11112 Disaster Recovery Services 18 of 40 100 REQUEST FOR PROPOSALS NO. 27-11/12 ACKNOWLEDGMENT OF ADDENDA Directions, Complete Part I or Part II, whichever appiies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP. Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No, 5, Dated Part III: X No Addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Date Jason Sanders % March 25, 2012 Proposer-Nam ' Date ,f r J41 SlgnatuF 1 tlf� R 2/24/12 RFP No:27-11112 City of Niiarni Beach Disaster Recovery SerAces 19 of 40 101 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this 26 day of March 2012. The undersigned, as Proposer, declares that the only persons interested in this Proposal are named herein; that no other person has any interest in this responses or in the contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this response is accepted, to execute an appropriate City of Miami Beach document(s) for the purpose of establishing a formal contractual relationship between the Proposer and the City, for the performance of all requirements to which the response pertains. The Proposer states that the response is based upon the docume is i, entified by the following number: RFP No. 27-11/12. � f r WIT S P 1�6SE GNATURE < ; asor_ Sanders f� PRINTED QUA PRINTED NAME Emergency Operations N TITLE PRA T D NAME 2/24112 City of Miami Beach RFP Flo:27-11/12 Disaster Recovery Serlices 20 of 40 102 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS- 1, This sworn statement is submitted to City of Miami Beach [print name of public entity] by Jason Sanders, Emergency Opera inns [print individual's name and title) for D J Ent rpr Inc - [print name of entity submitting sworn statement] Whose business address is 3495 Lee Road 10 Auburn Al . 36832 And (if applicable) its Federal Employer Identification Number(FEIN) is 63-094 3 382 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft. bribery, collusion, racketeering; conspiracy, or material misrepresentation. I understand that "convicted" or"conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt: in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2;) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person, A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 38 months shall be considered an affiliate. 224"12 RFP No:27-11/12 City of Miami Beach Disaster Recovery Services 21 of 40 103 I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under.the laws of any state or of the United States ,n.ith the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a c)ublic entity. The term "person" includes those officers, directors, executives. partners, shareholders, employees. members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1. 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives. partners, Shareholders: employees, members or agents who are active in management of the entity: or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sv.orn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I Am REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INT A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SEC Nf 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE R ION CONTAINED IN THIS FORM. � �7!f atur� I' f ��r `5 — Sworn to and subscribed before me this day of '1�)1 2012 Personally known OR Produced identification_ Notary Public - State of a My commission expires (Type of Identificatinn) (Printed type or stamped, omrrissioned name of Notary Public) 2124/12 RFr+vc:27-1t,i2 ri1V of iAl!an.il Bpacrl Disaster Recovery Services 22 040 104 QUESTIONNAIRE Proposer's Name: D & J Enterprises Inc . Principal Office Address: 3495 Lee Road 10 Auburn, Al . 36832 Official Representative: Jason Sanders Individual Partnership (Circle One) Corporation Joint Venture If a Corporation, answer this: When Incorporated: 1986 In what State: Alabama If a Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Richard Starr Vice-President's Name: Christopher Starr Treasurer's Name: James Starr 2r2art 2 city of mianii Beach RFP No:27-11;12 Disaster Recovery Services 23 of 40 105 Questionnaire (continued) Members of Board of Director: If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership 1. Plumber of ears of relevant experience in operating same or similar Y P p 9 business: 40 yrs 2. Have any agreements held by Proposer for a project ever been canceled? Yes ( ) No (X) If yes, give details on a separate sheet. 1 Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder/Proposer; or refused to enter into a contract after an award has been made; or failed to complete a contract during the past five (5) years; or been declared to be in default in any contract in the past 5 years? If yes, please explain: No 2-1240 2 City of Miami Beach RPP No:27-1 ti12 Disaster Recovery Services 24 of 40 106 Questionnaire (continued) 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No (X) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this RFP have ( ) have not (X) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent(10%) interest: A. List all pending lawsuits: None B, List all judgments from lawsuits in the last five (5) years: None C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: None 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this Proposal: (If none, state same.) None 2124112 City of Miami Beach RFF No:27-1 1112 Disaster Recovery Services 25 of 40 107 Questionnaire (continued) S. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer, and/or individuals and entities comprising or representing such Proposer, and in an attempt to ensure full and complete disclosure regarding this RFP, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include, without limitation, public relation firms, lawyers, and lobbyists. The Procurement Director shall be notified, in writing, if any person or entity is added to this list after receipt of Proposals. None 9. Are there any pending discussions relative to mergers, acquisitions, partnerships, or assignment of contract? None 10. Is the business entity a Miami Beach based Vendor? Yes ( ) No (X) If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach, or documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach. 11, Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the atabase of Veteran-owned Business? Yes ( ) Igo (X) r 2124r12 Ri=P No:27-11112 City or Miami Beach Disaster Recovery Services 26 of 40 108 Questionnaire (continued) . The Proposer understands that information contained in this Questionnaire will be relied upon by the City in evaluating and making an award pursuant to the RPP, and such information is warranted by the Proposer to be true and accurate. in the event that the City, in its sole discretion, deems necessary, the Proposer agrees to furnish such additional information, relating to the qualifications of the Proposer, as may be required by the City. The Proposer further understands that the information contained in this Questionnaire may be confirmed through a background investigation conducted by the City, conducted either through the Miami Beach Police Department or by a third party retained by the City for such purposes. By submitting this Questionnaire the Proposer hereby agrees to cooperate with this investigation including, but not limited to, fingerprinting and providing information for a credit check. PROPOSER WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Successful Proposer Print Dame Address By: General Partner Print Name TTE T: j IF CORPORATION: D J Enterprises Inc . e re ary Print Name of Corporation PIS L' 2 3495 Lee Road 10 Aubu n Al . 36832 Print Name dress (CORPORATE SEAL) 15resident Richard Starr Print Name 2124!52 RFP No.27-11/12 City of Miami Beach Disaster Recover,Services 27 of 40 109 i ACKNOWLEDGMENT LETTER Proposers shall incorporate in their Proposal the following letter and Disclosure and Disclaimer attachment on the Proposer's letterhead stationary: RE: RFP NO. 27-11112 FOR DISASTER RECOVERY SERVICES Dear Sir or Madame: I have read the City of Miami Beach's RFP NO. 27-11112 For Disaster Recovery Services. On behalf of our Proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. In addition, we have read, rely upon, acknowledge, and accept the City's Disclosure and Disclaimer which is attached hereto and is fully incorporated into this letter. Sincerely, Jason Sanders Emeraenc Operations [NAME AND TITLE] _D_& J Enterprises Inc. [ORGANIZATION] (PROPOSER'S NAME] 2/24112 RFP No:27-11112 City of Mlamf Beach Disaster Recovery Services 28 of 40 110 DISCLOSURE AND DISCLAIMER This Request for Proposals ("RFP") is being fumished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the RFP either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the RFP, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this RFP. Following submission of a Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this RFP. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The RFP is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or Iiability with respect to this RFP, the selection and the award process, or whether any award will be made. Any recipient of this RFP who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is.totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFP is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this RFP may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such lay. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent p mitted by Florida Statutes, until the 2/24112 RFP No:27-11112 City of Miami Beach Disaster Recovery Services 29 of 40 111 r UdIC C1 I U I i I aUIV%iLVU IVI vpVO iii q1 to P\_, i%,%2VVo oa U,uL u�i,.., u„ v.v.wi,.v.. .. ..+..... ..... ..� ...... .,..J shall become public records. Proposers are expected to make all disclosures and declarations as requested in this RFP. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto, or any action or inaction.by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. ACCEPTED: Jason Sanders, Emergency Operations [NAME AND TITLE] D & 'J Enterprises Inc. [ORGANIZATION] [PROPOSER'S NAME] Z4 2124112 City of Miami Beach Disaster R6 a ary Services 30 of 40 112