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Agreement with DRC Emergency Services, Inc.
ma-027'1 of AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ;' DRC EMGERGENCY SERVICES, INC. FOR REMOVAL AND DISPOSAL OF DERELICT VESSELS, -;PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 41-11 THIS AGREEMENT made and entered into this 2C) day ofjAm■ ,2,01 Effective Date), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City) and DRC EMERGENCY SERVICES, LLC, a Florida corporation, whose address is 500 South Australian Avenue, Ste. 600,West Palm Beach, Florida 33401 (hereinafter referred to as CONTRACTOR). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and CONTRACTOR. 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 pursuant to or undertaken under this Agreement, as described in Section 2 and Attachment"D" hereto. Fee: Amount paid to the CONTRACTOR to cover the costs of the Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach REQUEST FOR QUALIFICATIONS(RFQ)No.41-11/12 for REMOVAL AND DISPOSAL OF DERELICT VESSELS, together with all amendments thereto, issued by the City in contemplation of this Agreement (the RFQ) and the Contractor's proposal in response thereto (Proposal), all of which are hereby incorporated and made a part hereof; 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 RFQ; 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 2.1 GENERAL The City is entering into this Agreement for the removal and disposal of derelict vessels, as set forth in City's Request for Qualifications No. 41-11/12, together with all amendments thereto (the RFQ), and CONTRACTOR's Proposal in response thereto (The RFQ and CONTRACTOR'S Proposal are collectively referred to as the Proposal Documents). The Proposal Documents shall set forth the Services to be provided pursuant to this Agreement; which Services are attached and incorporated in further detail as Attachment"D" hereto. The Services will be provided by CONTRACTOR to suffice any and all requirements as may be set forth by the Federal Emergency Management Agency(FEMA),which provides public assistance funds for debris clearance, removal, and disposal operations. SECTION 3 COMPENSATION 3.1 FEE When a need for the Services is identified by the City, the requesting City Department shall contact all prequalified contractors, including CONTRACTOR,to provide quotes on the work or services required. CONTRACTOR is required to visit the site; provide fixed price per vessel; submit the number of days required to perform the removal of the vessel;and the start date. The quote must be all inclusive(removal to disposal)to include every task to be completed for each vessel in accordance to FEMA or other applicable requirements. If CONTRACTOR's quote is accepted by the City,which acceptance shall be in the City's sole discretion and judgment,then a Work Order will be released to CONTRACTOR. The CONTRACTOR shall be required to submit a written estimate for the proposed Services or portion thereof before a Work Order, in the form provided in Attachment"A"to this Agreement, is issued by the City. The estimate shall be itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum estimates shall not be accepted.The actual charge to the City for a specific project must be in accordance with the cost information submitted in CONTRACTOR's Proposal in response to the RFQ, and must be approved prior to commencement of any Services, or portion thereof, under a Work Order. 3.2 PAYMENT AND BILLING a. If the Services required to be performed by a Work Order are able to be clearly specified by the City, then the Work Order shall be issued on a "Fixed Fee" basis. The CONTRACTOR shall perform all Services required by the Work Order, but in no event shall the CONTRACTOR be paid more than the negotiated Fixed Fee amount stated therein. b. If the Services required to be performed are not such that they cannot be specifically set forth and defined by the City,then the Work Order may be issued on a"Time Basis Method", and contain a "Not-to-Exceed" amount. If a "Not-to-Exceed" amount is provided, the CONTRACTOR shall perform all Services required by the Work Order but, in no event, shall the CONTRACTOR be paid more than the "Not-to Exceed" amount specified in the applicable Work Order. c. If the Services are such that they cannot be specifically set forth and defined by the City,then the Work Order may also be issued on a "Time Basis Method", and contain a Limitation of 2 Funds amount. The CONTRACTOR shall not be authorized to exceed the amount without the prior written approval of the City. Said approval, if given at all, shall indicate a new Limitation of Funds amount. d. The CONTRACTOR shall advise the City whenever the CONTRACTOR has incurred expenses on any Work Order that equals or exceeds eighty percent(80%)of the Limitation of Funds amount. e. For Work Orders issued on a"Fixed Fee Basis,"the CONTRACTOR may invoice the amount due based on the percentage of total (Work Order) Services actually performed and completed, but, in no event, shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total Services actually completed. f. For Work Orders issued on a "Time Basis Method" with a "Not-to-Exceed" amount, the CONTRACTOR may invoice the amount due for actual hours performed, but in no event shall the invoice amount exceed a percentage of the "Not-to-Exceed" amount equal to a percentage of the total Services actually completed. g. Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a "Not-to- Exceed" amount shall be treated separately for retainage purposes. If the City determines that the Services have been substantially complete and the amount retained is considered to be in excess, the City may, at its sole and absolute discretion, release the retainage or any portion thereof. h. For Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount, the CONTRACTOR may invoice the amount due for Services actually performed and completed. i. Payments shall be made by the Ci ty to the CONTRACTOR when requested as work progresses for Services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. CONTRACTOR shall submit to the City,at the close of each calendar month, an itemized invoice properly dated including the following: - Description of Services rendered - Cost of Services - Name and address of the CONTRACTOR - Work Order number - RFQ No. - Notice(s)to Proceed issued by the City. - Records of vessel registration number and photographs of each wreckage. - Full name of individual performing the service. - Number of hours and dates worked. All invoices are subject to verification, approval, and processing by the City department requesting the temporary personnel. The original invoice shall be sent to: City of Miami Beach Public Works Sanitation Department 140 MacArthur Causeway Miami Beach, Florida 33139 SECTION 4 GENERAL PROVISIONS 3 4.1 RESPONSIBILITY OF THE CONTRACTOR a. The CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analyses, reports, data, plans, specifications, and/or any and all other documents and/or Services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR, shall, without additional compensation, correct or revise any errors or deficiencies in any and all documents and/or Services of whatever type or nature that are required to be furnished by the CONTRACTOR pursuant to this Agreement. b. Neither the City's review, approval or acceptance of, nor payment for, any of the Services required herein shall be construed to operate as a waiver of the City's rights under this Agreement, nor of any cause of action arising out of the performance of this Agreement,and the CONTRACTOR shall be and always remain liable to the City in accordance with this Agreement and applicable laws for any and all damages to the City caused by the CONTRACTOR'S negligent and wrongful performance of any of the Services furnished under this Agreement. c. In its performance of the Services,the CONTRACTOR shall comply with all Applicable Laws. 4.2 PUBLIC ENTITY CRIMES A State of Florida Form PUR 7068,Sworn Statement under Section 287.133(3)(a)Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Division, prior to commencement of the Services herein. 4.3 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for an initial term of three(3)years, commencing on the last date of execution of the Agreement by the parties hereto, which shall be the Effective Date on page 1 hereof. At its sole discretion,the City may renew this Agreement, upon the same terms and conditions,for up to two(2)additional one(1)year terms, upon thirty(30)days written notice to CONTRACTOR (such notice to be provided prior to the end of the initial term (or a renewal term, as the case may be). 4.4 TIME OF COMPLETION The Services to be rendered by the CONTRACTOR shall commence upon receipt of a Notice to Proceed from the City, subsequent to the execution of the Agreement. The Services shall be ongoing for the Term of the Agreement, on an as needed basis, and subject to the issuance of a Work Order to CONTRACTOR(which Work Order shall be issued, if at all, at the sole discretion and judgment of the City). 4.5 INDEMNIFICATION CONTRACTOR agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the CONTRACTOR, its employees, agents, sub-contractors, or any other person or entity acting under CONTRACTOR's control, including without limitations any and all temporary personnel assigned to the City pursuant to this Agreement, in connection with the CONTRACTOR's performance of the Services pursuant to this Agreement; and 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 4 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 the 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. This indemnity shall survive termination of this Agreement. The CONTRACTOR's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents,from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.6 TERMINATION, SUSPENSION AND SANCTIONS 4.6.1 Termination for Cause If the CONTRACTOR shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City 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 terms 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, upon three(3)days' notice to CONTRACTOR, may terminate this Agreement and 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 additionally 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 the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys'fees. To the extent allowed by law,the defaulting party waives its right to jury trial and its right to bring permissive counter claims against the City in any such action. 4.6.2 Termination for Convenience of City NOTWITHSTANDING SECTION 4.6.1,THE CITY MAY ALSO,FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS,AS DESCRIBED IN SECTION 2 AND IN REQUEST FOR QUALIFICATIONS NO.41-11/12,TOGETHER WITH ALL AMENDMENTS THERETO,AND CONTRACTOR'S PROPOSAL RESPONSE,ATTACHED HERETO,SHALL BE PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONTRACTOR'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY. AS PROVIDED IN THIS SUBSECTION, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED,AS DETERMINED BY THE CITY AT ITS DISCRETION,UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER, THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONTRACTOR SHALL DELIVER ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS REQUIRED HEREIN. 5 4.6.3 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 4.6.2. 4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the CONTRACTOR's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City, Miami-Dade County, and/ or the State of Florida, as applicable, may determine to be appropriate, including but not limited to, withholding of payments to the CONTRACTOR under the Agreement until the CONTRACTOR complies and/or cancellation,termination or suspension of the Agreement. In the event the City cancels or terminates the Agreement pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.6.2. 4.7 CHANGES AND ADDITIONS Changes and additions to the Agreement shall be directed by a written amendment signed by the duly authorized representatives of the City and CONTRACTOR. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City. 4.8 AUDIT CONTRACTOR shall keep such records and accounts and require any and all subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hour charge to the City. All books and records relative to the Agreement, and the Services to be provided herein, shall be available at all reasonable times for examination and audit by the City and shall be kept for a period if three(3) years after the completion of all work/services to be performed pursuant to this Agreement. The City reserves the right to perform audit investigations of the CONTRACTOR's records and accounts. The City's audit rights shall include, without limitation: ascertaining CONTRACTOR's compliance with the Miami Beach Derelict Vessels Program requirements (pursuant to Subsection 2.2 herein and the Proposal Documents), compliance with FEMA's billing and invoicing requirements, and compliance with the City's Living Wage Ordinance. Without limitation, CONTRACTOR shall maintain any and all records necessary to document compliance with the provisions of this Agreement, and shall make available to the City, upon request, such records for audit and examination relating to all matters covered by this Agreement. 4.9 INSURANCE REQUIREMENTS CONTRACTOR shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance (also referenced in Attachment "B" hereto) 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. (Any exceptions to these requirements must be approved by the City's Risk Management Department prior to implementation of same): 1. Workers'Compensation and Employer's Liability per the statutory limits of the State 6 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 Checklist 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. Said policies of insurance shall be primary to and contributing with any other insurance maintained by the CONTRACTOR or City, and shall name the City and the officers, agents and employees of said organizations as additional insures under this Agreement. Policies cannot be canceled without thirty(30) days prior written notice to the City. The CONTRACTOR 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 term of the Agreement. No work shall be done by CONTRACTOR during any period when it is not covered by insurance as herein required. Such insurance shall be obtained from brokers or carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by the City's Risk Manager prior to commencement of any work or services under the Agreement. If any of the required insurance coverages contain aggregate limits, or apply to other operations of the CONTRACTOR outside the Agreement, CONTRACTOR 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. The CONTRACTOR shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. 4.9.1 Failure to Procure Insurance CONTRACTOR's failure to procure or maintain required insurance coverage shall constitute a material breach of Agreement under which City may, at its sole option, immediately terminate the Agreement. 4.10 ASSIGNMENT, TRANSFER OR SUBCONTRACTING The CONTRACTOR shall not subcontract, assign, or transfer any work under this Agreement in whole or in part, without the prior written consent of the City. 4.11 SUB-CONTRACTORS The CONTRACTOR shall be liable for the CONTRACTOR's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of any and all sub-contractors, and any other person or entity acting under the direction or control of the CONTRACTOR including without limitation, any and all temporary personnel provided in the City pursuant to the terms and conditions of the Agreement. When the term"CONTRACTOR" is used in this Agreement, it shall be deemed to include any sub-contractors and any other person or entity acting under the direction or control of CONTRACTOR. For the purpose of this Agreement, CONTRACTOR acknowledges and agrees that any 7 and all temporary personnel assigned by CONTRACTOR to provide services to the City pursuant to this Agreement shall be deemed to be independent contractors and agents or employees of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City, or any right generally afforded Classified or Unclassified employees. Further each personnel shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the City, or accumulation of sick or annual leave. 4.12 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, physical handicap, or sexual orientation. The CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, disability, or sexual orientation. 4.13 CONFLICT OF INTEREST The CONTRACTOR agrees to adhere to and be governed by the Metropolitan Miami- Dade County Conflict of Interest Ordinance(No. 72-82),as amended;and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should 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 are 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 therefrom. 4.14 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, specifications, processes,data and findings, shall be made available to the City for public use. No reports,other documents,articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the CONTRACTOR or its employees or sub-contractors, without the prior written consent of the City. 4.15 NOTICES All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the CONTRACTOR and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: DRC Emergency Services, LLC Attn: Mark Stafford 500 South Australian Avenue, Ste. 600 West Palm Beach, FL 33401 Phone: (561) 820-4877 Fax: (251) 343-5554 8 E-mail: jkelly@drcusa.com or cwalker@drcusa.com TO CITY: City of Miami Beach City Hall Attn: Eric Carpenter, Public Works Director 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 With copies to: City of Miami Beach City Hall Attn: Alex Denis, Procurement Director 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.16 LITIGATION JURISDICTIONNENUE 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,THE CONTRACTOR AND 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. 4.17 ENTIRETY OF AGREEMENT This Agreement and all Attachments hereto including without limitation, Request for Qualifications(RFQ)No.41-11/12,together with all amendments thereto,and CONTRACTOR's Proposal in response to the RFQ (the Proposal Documents), shall embody the entire Agreement and understanding between the parties hereto,and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. Request for Qualifications No.41-11/12,together with all amendments thereto, and CONTRACTOR's Proposal in response are hereby incorporated by reference into this Agreement as Attachment"E"hereto; provided, however,that in the event of an expense conflict between that Proposal documents and this Agreement, the Agreement shall prevail. 4.18 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$1,000. CONTRACTOR hereby expresses its willingness to enter into this Agreement with CONTRACTOR recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$1,000. 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$1,000 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 paragraph or elsewhere in this Agreement is in any way 9 intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. 4.19 COMPLIANCE WITH APPLICABLE LAWS The CONTRACTOR, its sub-contractors, agents and employees, including without limitation, any and all temporary personnel assigned to the City pursuant to this Agreement, shall comply with all applicable Federal, State, Miami-Dade County and City Laws,and with all applicable rules and regulations promulgated by local, state and national boards, bureau and agencies as they relate to the Agreement and for the provision of services hereto. 4.20 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. 10 ASSIGNMENT/ROAD MAP When a need for the Services is identified by the City, the requesting City Department shall contact all prequalified contractors, including CONTRACTOR,to provide quotes on the work or services required. CONTRACTOR is required to visit the site; provide fixed price per vessel; submit the number of days required to perform the removal of the vessel; and the start date.The quote must be all inclusive(removal to disposal)to include every task to be completed for each vessel in accordance to FEMA or other applicable requirements. If CONTRACTOR's quote is accepted by the City,which acceptance shall be in the City's sole discretion and judgment,then a Work Order will be released to CONTRACTOR. Failure to respond, either by not submitting a proposal in three (3) attempts, may result in your company being removed from the City's bid list. 11 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: 1,- : / By: R. ael Granado, City Clerk Philip ;evi ayor 6 r,._ �: Date \;>��� , °. ..k--)' ,i: Date V--°-. \.:Ab 471'``.,-----;--.."\-: ; i ,-.--- ---;:-.(s.-1.'':1-1-'-'-,- , .: \) INCORPI ORATED-i I FOR CONTRA,17-6171: <r, DRC EMERGENCY SERVICES, LLC �` ' ,�N Sh::,h it I ,T.) ATTEST: I i1 By: .iA iG. IAA-Lan , L ,' g creta President alb' 4 ii5 fU �5 r KSfc f Print a Pri Name ! ei l- I/I g/J5 Date Date APPROVED AS TO F:\PURL\$ALL\PAMELA\RFQ\RFQ 41-11-12 Removal&Disposal of Derelict Vessels\Agreeme `d afffe� I c ,1___. : ------ I( f 9(I 4- G • City Att:rney Date 12 Exhibits: Attachment "A" — Work Order Attachment "B" — Insurance Requirements Attachment "C" —The City's Living Wage Ordinance Attachment"D"—Request for Qualifications No. 41-11/12,Addendum No. 1 thereto, and Contractor's response to the RFQ. 14 it\A I AM I BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT WORK ORDER Tel: 305-673-7490, Fax: 786-394-4010 "ATTACHMENT A" Date: Work Order Number: TO: DRC Emergency Services, LLC Attn: Mark Stafford, Chief Operating Officer 3306 Enterprise Road West Palm Beach, Florida 33401 (561) 820-4877 Pursuant to the Agreement between the City of Miami Beach and the above named firm for REMOVAL AND DISPOSAL OF DERELICT VESSEL SERVICES PURSUANT RFQ-41-11/12 (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: [ ] drawings/plans/specifications [ ] fixed fee basis [ ] 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 15 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT INSURANCE REQUIREMENTS Tel: 305-673-7490, Fax: 786-394-4010 "ATTACHMENT "B" INSURANCE REQUIREMENTS The Provider 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 Florida Statute 440. 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. 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 V"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. Certificates will indicate no modification or change in insurance shall be made without thirty(30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3RD FLOOR MIAMI BEACAH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. (Please attach a copy of the insurance certificate) 16 Attachment "D" Request for Qualifications No. 41-11/12, Addendum No. 1 thereto, and Contractor's response to the Proposal. Applicable 18 0.4 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www..miarnibeachi:l.gov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786.394.4006 June 1, 2012 ADDENDUM NO. 1 TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 41-11/12 FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS In response to requests for clarification received by prospective Proposers by the Administration, the subject RFQ is hereby amended as follows: 1) The Federal Database referenced in Ordinance 2-374 (2) (e) is found in the U.S. Department of Veterans Affairs website: https://www.vip.vetbiz.gov/ 2) The FEMA Checklist beginning on page 11 and ending on page 12 of the RFQ has been removed from the RFQ. 3) On page 12 of the RFQ, Item 2 "Environmental Protection", the listing: a through e, is removed. 4) On page 13 of the RFQ, Item 5, "Cost Estimate of each Project" is changed to the following: "The contractor shall be required to submit a written estimate on each prospective project under this contract be f ore a work order fo r t h at specific project is issued. The estimate a must reflect a lump sum total." As a reminder, the due date for receipt of proposals remains no later than 3:00 pm, Eastern time, Tuesday, June 5,2012. Proposers are reminded to please acknowledge receipt of this addendum as part of your bid 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 proposal. Y OF IAMI BEACH Raul J. Aguila, Chief eputy City Attorney For the Procurement Division RFQ No. 41-11/12 Addendum#1 June 1, 2012 Page 1 of 1 REQUEST FOR QUALIFICATIONS (RFQ RFQ NO. 41 -11/12 FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS RFQ Issuance Date: May 15, 2012 PROPOSAL DUE DATE: June 5, 2012 at 3:00 P.M. PAMELA J. LEJA-KATSARIS,CPPO,CPPB,Sr. Procurement Specialist CITY HALL PROCUREMENT DIVISION, 3RD Floor 1700 Convention Center Drive Miami Beach, FL 33139 Phone: 305.673.7490 Fax: 786.394.4006 E-mail: PamelaLeja @miamibeachfl.gov 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 PUBLIC NOTICE REQUEST FOR QUALIFICATIONS (RFQ) FOR THE FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS The purpose of this RFQ is to retain a sea-towing contractor for the removal and disposal of derelict vessels from public waters. Abandoned and Derelict vessels: Abandoned and derelict vessels can pose hazards to navigation, enviromental damage, squatting by homeless, or danger to surrounding homes, vessels and public areas. The Florida Fish and Wildlife Conservation Commission maintains a list of at risk and derelict vessels for removal. Inclusion on the list requires the vessel in question to be clearly tagged with the case number and pertinent information, photographed, and certified letters and contact attempts made to the owner or last register of the vessel. In coordination with local Marine Patrol authorities, these vessels may need to be removed and disposed of. Removals initiated by the City of Miami Beach, and subsequently Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. Natural Disaster: Damage caused by a major natural disaster can include sunken boats and other debris that may impede navigation. Coordination should take place between the United States Coast Guard, State and local Marine Patrol, local government agencies, legal counsel, marine salvage contractors, commercial divers, and certified surveyors to ensure that navigation hazards are removed safely and efficiently. Removals initiated by the City of Miami Beach, and subsequently, Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. Sealed proposals will be received until 3:00 p.m. on June 5, 2012 at the following address: City of Miami Beach Procurement Division --Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 ANY PROPOSAL RECEIVED AFTER 3:00 PM ON JUNE 5, 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 May 23, 2012 at 10:30a.m. 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: 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 2 of 34 (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(c�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. 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=MI A28FL&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 RFQ 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 RFQ shall be submitted by e-mail to: PamelaLeia@miamibeachfl.gov, with copies also submitted to the City Clerk: RafaelGranado @miamibeachfl.gov. 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, Raul J. Aguila Chief Deputy City Attorney (for Procurement Division) 5/15/2012 City of Miami Beach RFQ No 41-11/12 Removal&Disposal Derelict Vessels 3 of 34 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 RFQ No. 41-11/12 NOTICE TO PROSPECTIVE PROPOSERS If not submitting a Proposal at this time, please detach this sheet from the RFQ 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. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 4 of 34 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 TABLE OF CONTENTS PAGE I. OVERVIEW AND PROPOSAL PROCEDURES 6-10 II. SCOPE OF SERVICES 11-14 III. PROPOSAL FORMAT 15-16 IV. EVALUATION/SELECTION PROCESS/ CRITERIA FOR EVALUATION 17 V. SPECIAL TERMS AND CONDITIONS- INSURANCE 18-19 VI. PROPOSAL DOCUMENTS TO BE COMPLETED AND 19-32 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 VII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENTS - Performance Evaluation Letters 33 - Performance Evaluation Survey 34 5/15/2012 City of Miami Beach • RFQ No:41-11/12 Removal&Disposal Derelict Vessels 5 of 34 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION / BACKGROUND The purpose of this RFQ is to retain a sea-towing contractor for the removal and disposal of derelict vessels P P 9 P from public waters The Mayor and City Commission at its February 8, 2012, meeting, authorized the Administration to issue an RFP for the Removal and Disposal of Derelict Vessels. The scope of services in the commission item was limited in comparison to the existing contracts, and the evaluation criteria depicted 40 points to be allocated for cost. The existing contracts are based upon quoting services on an as-needed basis, and do not contain pricing. The RFP that was published in 2006 pursuant to the existing contracts initially had cost as an evaluation criteria, which was subsequently removed. As the agenda item that approved the issuance of the RFP by the Commission included cost as a criteria, RFP No. 26-11/12 was issued with an expanded scope of services, and a cost proposal sheet requesting pricing per linear foot for sunken and not sunken vessels. The Administration is in concurrence that the most effective method of securing contracts for the removal and disposal of derelict vessels is qualifications-based, contracting with more than one qualified firm, and soliciting quotes from each of the contracted firms on an as-needed basis, whereby the City would issue a Notice to Proceed for each incident. Therefore, it is deemed in the City's best interest to cancel Request for Proposals, and issue this Request for Qualifications, with an enhanced scope of services, and thus removing the requirement to submit up-front pricing. The Mayor and City Commission at its May 9, 2012, meeting, authorized the City Administration to cancel the RFP and issue this RFQ for the removal and disposal of derelict vessels. B. RFP TIMETABLE The anticipated schedule for this RFQ is as follows: RFQ issued May 15, 2012 Pre-proposal submission meeting May 23, 2012 at 10:30 a.m. Deadline for receipt of questions May 25, 2012 at 5:00 p.m. Deadline for receipt of Proposals June 5, 2012 at 3:00 p.m. Evaluation Committee review June 2012 Commission approval authorizing negotiations July 2012 Contract negotiations July 2012 C. PROPOSAL SUBMISSION An original and ten (10) copies of complete Proposals, plus a CD, must be received no later than 3:00 p.m. on June 5, 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 RFQ number and title. No facsimile, electronic, or e-mail Proposals will be considered. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 6 of 34 THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFQ, 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 JUNE 5, 2012 WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFQ 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, May 23, 2012 at 10:30 a.m. at the following address: City of Miami Beach City Hall — 4th 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 RFQ expressing their intent to participate via telephone. E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFQ 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 PamelaLeja(a�miamibeachfl.gov. Oral communications between a proposer, bidder, lobbyist, and/or consultant and the Procurement contact are 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 requests to PamelaLeja @miamibeachfl.gov, with a copy to the City Clerk's Office at RafaelGranado(o�miamibeachfl.gov, no later than the date specified in the RFQ timetable. The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he/she deems necessary, in written addenda issued prior to the deadline for responding to the RFQ. Proposers should not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFQ or in any written addendum to this RFQ. 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. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 7 of 34 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. RFQ 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 RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ, or in any Proposals received as a result of this RFQ. 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 RFQ Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, 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 RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFQ). J. FLORIDA PUBLIC RECORDS LAW Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the Proposals, whichever is earlier. K. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer 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. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 8 of 34 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 RFQ (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 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 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. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 9 of 34 S. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFQ 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 RFQ 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 RFQ 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 RFQ 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 305-673-7490NOICE 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. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 10 of 34 SECTION II —SCOPE OF SERVICES Abandoned and Derelict vessels: Abandoned and derelict vessels can pose hazards to navigation, enviromental damage, squatting by homeless, or danger to surrounding homes, vessels and public areas. The Florida Fish and Wildlife Conservation Commission maintains a list of at risk and derelict vessels for removal. Inclusion on the list requires the vessel in question to be clearly tagged with the case number and pertinent information, photographed, and certified letters and contact attempts made to the owner or last register of the vessel. In coordination with local Marine Patrol authorities, these vessels may need to be removed and disposed of. Removals initiated by the City of Miami Beach, and subsequently Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. Natural Disaster: Damage caused by a major natural disaster can include sunken boats and other debris that may impede navigation. Coordination should take place between the United States Coast Guard, State and local Marine Patrol, local government agencies, legal counsel, marine salvage contractors, commercial divers, and certified surveyors to ensure that navigation hazards are removed safely and efficiently. Removals initiated by the City of Miami Beach, and subsequently, Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. The two main challenges of with navigation hazards are locating the debris and finding the legal owners. Marinas and waterways can be inspected visually by helicopter or boat. Sonar or dive teams may need to be employed for submerged vessels. A location or flotation marker may be helpful in order to keep vessel positions documented. The legal owner's information may be obtained by using the vessel's registration number and marina records. Non-vessel debris: Debris that pose hazards to navigation, enviromental damage, or danger to surrounding homes, vessels and public areas may require removal. Removals initiated by the City of Miami Beach, and subsequently, Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. The following FEMA checklist should be followed by contrator to ensure that all aspects of removing navigation hazards are considered: • Coordinate with U.S. Coast Guard, State and local marine patrol, local government agencies and legal counsel. • Inspect marinas to locate debris: o Visually by helicopter o Via side-scan sonar o Via diving • Use Global Positioning System survey methods or some other type of flotation marker to pinpoint location of sunken debris. • Keep a log that reflects an accurate count of debris items with corresponding locations. • Record the vessel registration number and photograph the wreckage. • Provide notification by certified letter to private owners of impending vessel removal. This should be performed in accordance with legal constraints. • Provide the owner an opportunity to remove the vessel prior to local, tribal, State or Federal government initiation of debris removal. • Provide public notice in local newspapers. • Generate scopes of work based on items to be removed. • Maintain flexibility to allow for problems caused by tidal conditions. Problems can also occur as a result of wreckage removal by others prior to issuance of contract notice to proceed. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 11 of 34 Flexibility in contract execution can be achieved by issuing an equipment rental type contract. Fixed price contracts with each piece of debris indicated as a line item are not recommended because of the possibility of change orders. Incorporate in the contract appropriate regulatory concerns and/or applicable State laws. • Maintain continuous communication with local, tribal and State authorities. • Continually verify the number and location of sunken vessels and ensure that accurate records are maintained. • Require that a bill of sale or a vessel registration be presented to the local government representative on-site if an individual claims a vessel during removal operations. • Ensure that contracts and the cleanup schedule incorporate tidal constraints. Debris located in shallow areas may be inaccessable to contractor equipment during low tide. 1. General Scope of Services Contractor shall be responsible for diving, patching and re-floating with a pollution stand-by crew which will include a salvage master, divers, patching materials, pumps, compressors and other specialized equipment necessary to recover the sunken vessels. Tow re-floated vessels to a county landfill area for proper disposal. 2. Environmental Protection Contractor must ensure that any vessels which are to be removed and disposed of at a landfill shall be removed from its present site in such a manner as to not impact or damage the natural environment ("surrounding the vessel" will limit to just that area). All debris from the vessel shall be removed and the site left in a reasonable clean condition. No oil or fuel shall be permitted to be dumped or spilled into or unto the water and land. The following items must be accomplished: a) All oil must be removed from tanks, pipes, bilges, etc, to ensure that no pollutants enter the water (steam cleaning is preferred) b) All watertight doors/hatches/bottom tank covers, etc. must be removed or welded open. c) Any items that may float free when the vessel sinks must be removed from the vessel. d)All deck areas, bilge areas, engine spaces and cargo spaces should be broom swept. e) Sufficient ballast to maintain location of vessel on ocean bottom must be placed in the vessel shall consist of clean concrete. 3. Accident Prevention and Barricades Precautions shall be exercised by the contractor at all times for the protection of persons and property. All contractors performing services under this contract shall conform to all relevenat Federal, State, and County regulations during the course of such effort. Any fines levied by the above mentioned authorities for failure to comply with these requiremtens shall e borne solely by the responsible contractor. Barricades shall be provided by the contractor when work is performed in areas traversed by persons, or when deemed necessary by the City Project Manager. 4. Clean-up Contracter shall ensure unusable materials and debris are removed from the premises at the end of each workday, and disposed of in an appropiate manner. Upon final completion, the contractor shall throughly clean up all areas where work has been involved as mutually agreed with the associated user department's project manager. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 12 of 34 5. Cost Estimates for Each Project The contractor shall be required to submit a written estimate on each prospective project under this contract before a work order for that specific project is issued. The estimate must reflect the regular hourly wages for each classification presented in this contract, and the percentage discounts or mark-ups for materials and equipment that were quoted by the contractor on its initial offer or the most current contract pricing. The estimate shall be itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum estimates shall not be accepted. The actual charge to the City from an awarded contractor for a specific project must be in accordance with the cost information submitted in response to the RFQ, and acceptance of same by the City. 6. Labor, Materials, and Equipment The contractor shall furnish all labor, material, and equipment necessary for satisfactory contract performance. All material, workmanship, and equipment shall be subject to the inspection and approval of the City's Project Manager. 7. Legal Requirement for Pollution Control It is the intent of these specifications to comply with the Miami-Dade County Pollution Control Ordinance as stated in Chapter 24 of the Miami-Dade Code. This ordinance may be obtained, if necessary, through the Department of Environmental Resources Management(DERM), 33 SW 2nd Ave., Miami, Florida 33130, Telephone (305) 372-6789. The contractor shall comply with all requirements of the Federal Water Pollution Control Act. 8. Licenses, Permits, and Fees The contractor shall obtain and pay for all licenses, permits, and inspections fees required for this project; and shall comply with all laws, ordinances, regulations and buildings code requirements applicable to the work contemplated herein. Damages, penalties, and or fines imposed on the City or the contractor for failure to obtain required licenses, permits or fines shall be borne by the contractor. 9. Local Office The contractor shall maintain an office within the geographic boundaries of Miami-Dade, Broward, or Monroe Counties, Florida. This office shall be staffed by a competent company representative who can be contacted during normal working hours and who is authorized to discuss matters pertaining to the contract. 10.Work Assignments All work assignments during the contract period will be on an "as needed" basis, complying with notification requirements. Proposer shall assume no guarantees as to the number of frequency of work assignments or the amount of payments under the terms of this contract. Determination of material quantities and/ or specifications for each assignment will be made by the City Department. The City Department will notify the contractor of each work assignments; at which time the contractor and the City Department will mutually agree, in writing, of the beginning and ending dates of the work assignment, the contractor shall be responsible for the proper and necessary use of the materials in performance of the work. 11. Proof of Proper Disposal and Notification to Marine Patrol a) The contractor must submit prior to receiving any payment: a receipt for each vessel, including the date of disposal, disposal site, DV number, telephone number and title, and signature of person at disposal site. b) In addition to the above information, the contractor must submit a picture of the vessel demonstrating its removal, and showing its DV numbers. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 13 of 34 c) The contractor shall notify and coordinate all work with the Marine Patrol. 12. Restoration Property Property public or private, if damaged during construction or removed for convenience of the work shall be repaired or replaced at the expense of the contractor in a manner acceptable to the Project Manager prior to the final acceptance of the work. Such facilities shall include but are not limited to: walls, boating ramps, sod, and walkways. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 14 of 34 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 as outlined in this RFQ. 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 RFQ. d) Fee Information: Not applicable for RFQ submission. e) Evidence of Financial Stability: All Proposers must attach a financial statement, balance sheet or other assurance that indicates the financial capability and viability of the Proposer. The submitted information must either be certified by an independent CPA, or In the case of a banking reference) by an appropriate banking official. f) References: List at least five (5) references in the South Florida area 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 will be required to send out Performance Evaluation Surveys to 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 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. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 15 of 34 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 RFQ. The City reserves the right, in its sole discretion, to request additional information from Proposers following review of the initial Proposal submissions. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 16 of 34 SECTION IV—EVALUATION / SELECTION PROCESS EVALUATION PROCESS The procedure for response, evaluation and selection will be as follows: 1. Request for Qualifications issued. 2. Receipt of proposals 3. All timely received Proposals will be opened and reviewed and determination if they meet the minimum standards of responsiveness. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the RFQ. 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: Total Points Evaluation Criteria 25 The Experience and Qualifications of the Contractor 25 The Experience and Qualifications of the Team 20 Methodology and Approach 10 Financial Stability Past performance based on references, information provided 20 in the proposal submission, and 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. 4/18/12 City of Miami Beach RFP No:35-11/12 License Plate Recognition System 17 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 Checklist 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. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 18 of 34 INSURANCE CHECKLIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. To include, if required by statute, U.S.L. & H.(Longshoreman's and Harbor worker's insurance) and Jones Act coverage, should be submitted with proposal submission. XXX 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, and Contractual Indemnity (Hold harmless endorsement). 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. 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 Marine Liability(P&I) $1,000,000.00 Liability coverage for salvage/derelict vessel removal, including pollution liability 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 RFQ 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 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 19 of 34 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 RFQ or in the Proposals received as a result of the RFQ. 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) 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 20 of 34 REQUEST FOR PROPOSALS NO. 41-11/12 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 RFQ. 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 RFQ. Verified with Procurement staff Name of staff Date Proposer-Name Date Signature 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 21 of 34 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: RFQ No. 41-11/12. WITNESS PROPOSER SIGNATURE PRINTED NAME PRINTED NAME WITNESS TITLE PRINTED NAME 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 22 of 34 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 [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) 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 1 Paragraph 287.133 b ( )( , Florida) Statutes m ea n s 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 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 23 of 34 of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 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) 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 24 of 34 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: 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 25 of 34 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: 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 26 of 34 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 RFQ 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.) 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 27 of 34 Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Qualifications 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 RFQ, 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 Division 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 ( ) 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 28 of 34 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 RFQ, 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 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 29 of 34 ACKNOWLEDGMENT LETTER Proposers shall incorporate in their Proposal the following letter and Disclosure and Disclaimer attachment on the Proposer's letterhead stationary: RE: RFQ NO. 41-11/12 FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS Dear Sir or Madame: I have read the City of Miami Beach's RFQ NO. 41-11/12 For the Removal and Disposal of Derelict Vessels. 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] 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 30 of 34 DISCLOSURE AND DISCLAIMER This Request for Qualifications ("RFQ") 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 RFQ, 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 RFQ, 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 RFQ either before or after receiving proposals, may accept or reject proposals, and may accept 'proposals which deviate from the RFQ, 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 RFQ. 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 RFQ. 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 RFQ 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 RFQ, the selection and the award process, or whether any award will be made. Any recipient of this RFQ 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 RFQ are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFQ 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 RFQ 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 date and time selected for opening the responses. At that time, all documents received by the City shall become public records. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 31 of 34 - I Proposers are expected to make all disclosures and declarations as requested in this RFQ. 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 RFQ, 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 RFQ, 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 RFQ, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFQ and any disputes arising from the RFQ shall be governed by and construed in accordance with the laws of the State of Florida. ACCEPTED: [NAME AND TITLE] [ORGANIZATION] [PROPOSER'S NAME] 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 32 of 34 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 (RFQ). The information you provide will be used to assist the City in the evaluation of Proposals received in response to RFQ No. 41-11/12 for the Removal and Disposal of Derelict Vessels. The company listed in the subject line has chosen to submit a Proposal in response to this RFQ. 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 June 5, 2012, via fax: 786.394.4006, or e-mail PamelaLejamiamibeachfl.qov. Thank Y ou for your time and effort. Raul J. Aguila Chief Deputy City Attorney (for Procurement Division) 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 33 of 34 fa) 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 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 firm again) (1-10) 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. 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As veterans of numerous disaster recovery events, we understand the importance of preparation in ensuring a timely and successful response to natural and man-made disasters. Mark Stafford, Chief Operations Officer, is authorized to legally bind DRC Emergency Services, LLC to the terms and conditions of this proposal. Evidence of his signing authority is attached with this letter. DRC Emergency Services, LLC (DRC ES), is among the leading disaster management companies in the United.States. Since 1989, the DRC Group has removed in excess of 100,000,000 cubic yards of debris. Our commitment to professional, honest and immediate disaster recovery combined with our financial stability, experience and resources, ensures that DRC ES is the most qualified company to work with you to rebuild your community should the need arise. We have read and thoroughly understand the requirements set forth in the solicitation, have visited and researched the unique needs of your area, and are ready to work with you to develop the most successful plan of action should your community ever be affected by a disaster event. CD °�- As one of the leading disaster management companies in the United States, we have developed one of the most capable recovery teams in the nation. Our permanent staff is NIMS-certified and fully �.� knowledgeable of the FEMA reimbursement process, having insured that each and every client has received 100% reimbursement for all eligible disaster-related debris. DRC values client and local community relations, and has had overwhelming success with training programs,pre-event planning workshops, quality control and safety. Our past performance and references, included in this proposal will demonstrate our commitment to rebuilding and returning your community to a sense of normalcy. • The DRC Group Examples of DRC's capabilities include: ❖ During the 2004 Hurricane season, The DRC Group worked 37 simultaneous, separate contracts performing a total of over $150,000,000 in emergency work, and recovering over 10,000,000 cubic yards of debris in a four and half month period. ❖ During 2005 and 2006, the DRC family of companies worked on damages from Hurricanes Katrina, Rita and Wilma from the Florida K.eys to Louisiana all the way to Houston, Texas. Marine debris removal and derelict vessel removal was among the many services DRC performed under disaster recovery contracts. •:° Following Hurricane Ike and Gustav, DRC ES established industry benchmarks in Houston, Texas by achieving a FEMA record for hauling debris in a single day under a FEMA disaster declaration project. ❖ DRC was involved in multiple aspects of the recovery and reconstruction effort, including derelict vessel removal, following the devastating 2010 earthquake in Haiti that left much of the country in ruins. Some of DRC's projects included several body recovery initiatives, debris removal and demolition, as well the provision of temporary and long-term life support facilities. ❖ In the aftermath of the Deepwater Horizon Oil Spill, DRC was successfully classified as an Oil Spill Removal Organization (OS.RO) by the United States Coast Guard. Participation in this program allowed DRC to provide professionally recognized services to Escambia County, Florida as well as Plaquemines Parish,Terrebonne Parish,and Lafitte Parish, Louisiana. •:• In early April 2011, a severe weather event culminated in easily the most prolific, active month for tornados on record in the United States. DRC was contracted by more than five separate entities to perform debris removal services for more than 25 separate contracts. Some of the entities included the North Carolina Department of Transportation, the Alabama Department of Transportation, the Alabama Department of Conservation and Natural Resources, the City of Birmingham, USACE in Joplin,Missouri, as well as various other small cities and townships. For over 22 years, DRC has been the trusted choice to serve towns, cities and countries across the world with disaster recovery services. The following proposal will outline how DRC ES's experience, qualifications, and approach makes DRC ES uniquely suited to assist the City of Miami Beach with the removal and disposal of derelict vessels, as required. The ects ro osal is in all respects P P p fair and in good faith, without collusion or fraud and conforms to the specifications of your request for qualifications. If we may offer any additional information or clarifications regarding our experience or capabilities, please let us know. Thank you for the opportunity to offer our proposal and we look forward to working with The City of Miami Beach in the future. Sincerely, Mark Stafford Chief Operations Officer *Note: The DRC Group is composed of related, but distinct legal entities, involved in, among other things, all aspects of the debris management field. UNANIMOUS WRITTEN CONSENT OF SPECIAL MEETING OF THE MEMBERS DRC EMERGENCY SERVICES,LLC HELD ON THE 24th DAY OF MAY, 2007. The undersigned;being the Members of record of DRC EMERGENCY SERVICES, LLC., unanimously agree, in writing, to the following actions of a special meeting of all the Members. This unanimous written consent shall be filed with Minutes of the of the limited Iiability company and shall have like force and effect as if the resolutions and actions taken herein had been duly adopted at a special meeting of the Members of the limited liability company with all such members being present. The following resolution is hereby unanimously adopted: BE IT RESOLVED,that T.MARK STAFFORD,as COO of DRC EMERGENCY SERVICES,LLC, is authorized to negotiate and execute all proposals and bids on behalf of DRC EMERGENCY SERVICES,LLC. IN WITNESS WHEREOF, the undersigned, being Members of DRC EMERGENCY SERVICES, LLC, have hereunto set our hands on this the 24 • of 'ay 2007. THE ' e :ERT J. ■'• DORIS C. 1 SAKSON 201 RUST ‘• ember 110, CD BY: k (SEAL) ROBERT J.ISAKSON, ,� tee ( �} ,.�.. , _ ._ - (SEAL) THOMAS M-. MARR, SR., Administrative Manager THE MERRI LYNN CAIN 2006 REVOCABLE TRUST BY- , . '1? i � � 4 (SEAL) THOMAS M. MARR, SR., Its Trustee THE JAMES BRUCE MARK 2006 REVOCABLE TRUST BY: I �� I ' - - Z(.../71/T-1SEAL) S M. MARK, SR., Its Trustee THE TARA JANE MARR WOODEIN 2006 REVOCABLE TRUST BY: A _+ , . _,_ Trustee SEAL `SOMAS M. MARR, SR, Its } THE GINA RENEE MARR TAYLOR 2006 REVOCABLE TRUST BY: 1;E 1 I .,7-' /(SEAL) THOMAS M. MARR, SR., Its Trustee THE THOMAS M. MARK,JR. 2006 REVOCABLE TRUST BY: d • • 1 ..tr er?ISEAL} M THOMAS M.MARR, SR., Its Trustee THE RALPH SCOTT SHIRAH 2006 REVOCABLE TRUST • BY: _ ■ .�_ _ / le • Sv (SEAL) THOMAS M. MARK, SR., Its Trustee CD ono cD ' EMERGENCY 'SEAN,,CES DRC Emergency Services,LLC 500 South Australian Ave.Suite 600•West Palm Beach, FL 33401 Phone: (561)820-4877•Fax: (251)343-5554 PROPOSER CAPABILITIES QUALIFICATIONS OF FIRM 2 HISTORY OF THE FIRM 3 MARINE ENVIRONMENT DEBRIS REMOVAL PROJECTS 4 DRC CAPABILITIES IN MARINE DEBRIS REMOVAL OPERATIONS 5 EXPERIENCE WITH HAZARDOUS/SPECIALTY DEBRIS REMOVAL 6 PAST PERFORMANCE 9 EXPERIENCE: MAJOR EVENT RESPONSES BY THE DRC GROUP 26 EXPERIENCE: CLIENT BASE OF THE DRC FAMILY OF COMPANIES 27 CURRENT PRE-POSITION CLIENTS OF THE DRC GROUP 29 AVAILABLE EQUIPMENT 32 EMPLOYMENT OF LOCAL AND MINORITY CONTRACTORS 39 AFFIRMATIVE ACTION/EQUAL OPPORTUNITY POLICY 41 Page 1 The DRC Group QUALIFICATIONS OF FIRM The DRC Group*, including DRC Emergency Services, LLC (DRC ES), DRC Pacific, Inc. DRC, Inc., is among the leading disaster management groups in the United States providing emergency preparation, response, and recovery from major catastrophes. The primary mission of DRC is professional, honest, and •immediate response to natural and man-made disasters throughout the world. DRC has developed extensive experience and capabilities in emergency response and recovery over the last twenty-three years including, but not limited to: • Marine Debris, Salvage, and Recovery • Vehicle and Vessel Removal And Processing • Disaster Management and Relief Services o Debris Management • Demolition • Technical Assistance and Project Management • Temporary Housing, Workforce Housing and Life Support • Construction, Construction Management, and Demolition • Landfill Management • Civil, Heavy, and Vertical Construction • Oil Spill Response and Recovery DRC is capable of handling all or part of any disaster remediation including the FEMA reimbursement process. DRC ES is dedicated to providing professional, cost effective, responsive and quality service. DRC companies and affiliates have the experience, personnel, and equipment to mobilize immediately. • Highly Qualified and Experienced Supervisors and Project Managers o Professional and Knowledgeable Administrative Personnel • Efficient and Professional Work Crews and Equipment Crews • Qualified,Experienced, and Licensed Subcontractors and Contract Reservists • Specialized and Maintained Knuckle-Booms Loaders and Bucket Truck Crews • Heavy Trucks and Hauling Equipment • Specialized Attachments and All Necessary Support Equipment • Mobile Command Center *Note:The DRC Group is composed of related,but distinct.legal entities involved in.among other things.all aspects of the debris management field.The DRC Group is also identified in this document as DRC. Page 2 The DRC Group CAPACITY Since 1989, the DRC family of companies has responded to numerous natural or man-made disaster events involving hundreds of contracts. To date, The DRC Group has removed in excess of 100,000,000 cubic yards of debris. The 2008 hurricane season produced two devastating storms in Hurricane Ike and Hurricane Gustav in which The DRC Group responded in service to 36 separate contracts, including the cities of New Orleans, Houston, and Galveston. During the 2004 Hurricane season alone, The DRC Group worked 37 virtually simultaneous, separate contracts performing a total of over $150,000,000 in emergency work, and recovering over 10,000,000 cubic yards of debris in a four and half month period. In approximately 100 days DRC removed and disposed of approximately 10,000,000 cubic yards of debris. DRC also recovered, screened and restored tens of thousands of cubic yards of displaced sand and debris to restore 15 miles of beaches destroyed in Florida in the aftermath of Hurricane Ivan. During 2005 and 2006, DRC performed work on damages from Hurricanes Katrina, Rita and Wilma from the Florida Keys to Louisiana all the way to Houston, Texas. DRC Emergency Services, LLC possess extensive experience with disaster debris removal and therefore has an excellent understanding of the work to be performed. RECENT ACCOMPLISHMENTS ENR-EnzineerinR News Record, a nationally recognized engineering publication, lists the DRC Company as one of the Top 100 Specialty Contractors in the United States. The October 12, 2011 issue ranks the DRC Group as Number 53 in their special feature of the Top 600 Specialty Contractors. The DRC Group stands alone in the Top 100 as the only firm designated as a Disaster and Debris Removal firm. DRC takes great pride in the provision of disaster recovery services and the confidence each client has in the ability of DRC to perform at a consistently high level. HISTORY OF THE FIRM DRC was incorporated in 1989 and initially worked in the southern United States. The corporate group expanded in February 1991 by establishing offices in Saudi Arabia and Kuwait in the aftermath of the liberation of Kuwait from Iraqi occupation. DRC has since undertaken major reconstruction projects; civil engineering works, vertical construction, heavy road and infrastructure construction, and established numerous work camps throughout the world. In addition to hazardous and medical waste remediation and disposal services, DRC has performed manpower and equipment leasing and landfill management. DRC continues to respond to events across the nation and the globe, performing work for the United States government in places such as Iraq, Afghanistan, and Haiti, and responding to major disaster events such as Hurricanes Ivan, Katrina, Rita, Ike,and Gustay. Page 3 The DRC Group MARINE ENVIRONMENT DEBRIS REMOVAL PROJECTS TXGLO Galveston Bay, East Bay and Trinity Bay, Lost Lake and Clear Lake and Mud Lake 2009-2010 DRC cleared debris and sunken derelict vessels from over 144,000 acres in Galveston Bay, East Bay, Trinity Bay, Lost Lake, Clear Lake and Mud Lake using side sonar scanning. DRC removed over 150,000 cubic yards of debris and approximately 120 derelict vessels ranging in length from 8 feet to 100 feet. Levee and waterway clearing, grubbing and improvements in various locations throughout several southeast Texas counties. The use of side scan sonar at the beginning and end of operations was instrumental in successfully clearing the area of all debris and derelict vessels. Oil Spill Remediation along coastal Florida, Alabama and Louisiana, 2010 DRC successfully performed in several contracts that were directly related to the oil spill in the Gulf of Mexico which flowed for three months in 2010. The company's depth of knowledge with debris handling in ecologically sensitive environments was a significant asset and provided the ability to be intimately familiar with the placement, management, and removal of oil containment boom. Personnel in this company had a personal interest in protecting the Gulf Coast as they were among the affected residents. During this time, DRC was successfully classified as an Oil Spill Removal Organization (OSRO) by the United States Coast Guard. The company met several classifications which were listed on the OSRO Classification Matrix. Participation in this program allowed DRC to provide professionally recognized services to Escambia County, Florida as well as Plaquemines Parish, Terrebonne Parish, and Lafitte Parish, Louisiana. Plaquemines Parish,Louisiana,2007-2009 In the wake of Hurricane Katrina, DRC removed large quantities of debris and sediment from hundreds of miles of canals, ditches and waterways within Plaquemines Parish, LA. DRC assisted in having the hundreds of thousands of cubic yards of silt in approximately ten major canals declared eligible by FEMA. This was a very unusual declaration and one of the first times that FEMA had declared silt as debris, eligible for FEMA reimbursement. This is not the first and certainly not the last of the innovative eligibility requests that DRC has assisted local communities request and obtain. DRC has completed the removal of several feet or more of silt, deposited by Hurricane Katrina in several of these major canals and removed hundreds of CD thousands of cubic yards of this material from many additional major canals. Harris County Drainage District,Texas,2008 DRC cleared Hurricane Ike debris from approximately 2,500 miles of canals within the Drainage District of Harris County. Port Arthur,Texas, 2008 DRC cleared Hurricane Ike debris from miles of canals and bayous within the drainage district of the City of Port Arthur. Page 4 7,----- The DRC Croup State of Louisiana,2008 DRC cleared and restored hundreds of miles of streams, rivers, bayous, canals, and ditches of Hurricane Gustav debris in a number of Parishes throughout the State of Louisiana. United States Coast Guard, Mississippi and Louisiana,2006-2008 Following Hurricane Katrina, DRC was contracted by several small-business Coast Guard contractors for the removal of debris from Mississippi's coastal marine environments, including hundreds of square miles of marsh and dozens to hundreds of miles of streams and canals. These contracts totaled in the tens of millions of dollars. Louisiana Department of Environmental Quality,2006 An emergency vehicle and vessel removal and recycling contract for the State of Louisiana for the recovery of over 100,000 vehicles and vessels damaged by Hurricane Katrina and the concurrent flooding from levee breaches. This contract encompassed towing, hauling, operation of aggregation sites,tracking, and storing. Escambia County, Florida,2004-2006 DRC cleared and restored over 15 miles of waterfront in Pensacola, Florida to repair damage inflicted by Hurricane Ivan in 2004. This project involved the excavation, hauling, and processing of sand and other materials from the waterfront. It also involved the demolition and hauling of related debris, the restoration of the waterfront to its pre-hurricane condition, and dredging and hauling substantial quantities of sand from remote locations. DRC CAPABILITIES IN MARINE DEBRIS REMOVAL OPERATIONS Side Scan Sonar- DRC has extensive experience with and will deploy side-scan sonar units to identify sub-surface marine debris. Once identified,debris will be assigned GPS coordinates and designated for collection. This approach provides for precise extraction of debris and does not disturb large areas of oyster beddings, or water bottoms. Local Maritime Industry - In marine debris projects such as the type facing the County, DRC typically utilizes the resources of the local maritime industries to accomplish marine debris removal, such as fisherman, shrimpers, crew boats, and work boats. These resources provide local knowledge of waterways, they have an interest in the successful restoration of the marine resources of the region, and their utilization provides an economic stimulus for the area's recovery. We will use this knowledge and our teaming partner, the Bolivar Chamber of Commerce to arrange recruitment of local fishermen and oysternien for the removal of debris from the waterways. Hazardous Waste Items - Hazardous waste items (orphan tanks, drums, household hazardous wastes, etc.) have top priority for removal due to their potential for environmental degradation and pollution. DRC will remove all hazardous materials prior to conducting gross waterway debris removal efforts. Throughout its nearly twenty-one year history, the companies of the DRC Group have provided disaster response that has included the collection of hazardous and specialty debris: Page 5 1 The DRC Group e Household Hazardous Waste and Hazardous Waste ® White Goods ® Tires ® Gas Powered Equipment ® E-Waste EXPERIENCE WITH HAZARDOUS/SPECIALTY DEBRIS REMOVAL 1. White Goods: a. City of Houston,Tropical Storm Allison, 2001 —Removal and processing of white goods from approximately 40,000 flooded houses as part of$2.4 million contract with the city's solid waste department. b. Monroe County, Florida, Hurricane Wilma, 2005 —Removal and processing of white goods from damaged properties as part of$15 million contract c. Escambia County, Florida,Hurricane Ivan, 2004—Removal and processing of white goods from damaged properties and beach front as part of$50 million contract. Included extensive Freon decontamination. 2. Waste Tires: a. City of Houston,Tropical Storm Allison,2001 —Removal and processing of waste tires from approximately 40,000 flooded houses as part of$2.4 million contract with the city's solid waste department. • b. State of Virginia Emergency Management, 2002—3,000,000 Tires Fire Emergency Hazardous Waste Containment in $184,820 contract. 3. Gasoline Powered Equipment a. City of Houston, Tropical Storm Allison, 2001 —Removal and processing of gasoline powered equipment from approximately 40,000 flooded houses as part of $2.4 million contract with the city's solid waste department. b. Louisiana Department of Environmental Quality, Hurricane Katrina;2005 — Removal, processing, remediation, and crushing and/or disposal of thousands of automobiles and engines as part of four contracts worth over$20 million. CD 4. E-waste: a. City of Houston, Tropical Storm Allison, 2001 —Removal and processing of e- waste from approximately 40,000 flooded houses as part of$2.4 million contract with the city's solid waste department. b. Escambia County, Florida, Hurricane Ivan, 2004—Removal and processing of e- waste from damaged properties and beach front as part of$50 million contract. 5. Household Hazardous Waste: a. City of Houston, Tropical Storm Allison, 2001 —Removal and processing of household hazardous waste from approximately 40,000 flooded houses as part of $2.4 million contract with the city's solid waste department. Page 6 The DRC Group b. Indian River County Florida, Hurricane Frances. 2004— Removal and r decontamination of hazardous waste from Indian River County School District property as part of$500,000 contract DRC Special Waste crews will identify and conduct the removal of known and potential waterborne hazardous materials and special waste streams,using trained and qualified personnel and approved procedures. DRC will dispose of all hazardous and non-hazardous special wastes by approved disposal and recycling methods for the transportation and disposal of hazardous and non-hazardous wastes. DRC will obtain all hazardous waste hauling and disposal permits and will execute all required hazardous waste manifesting requirements. ADDITIONAL DEBRIS REMOVAL EXPERIENCE 2011 Tornado Outbreak In early April 2011, a severe weather event culminated in easily the most prolific, active month for tornados on record. These tornados followed an unprecedented outbreak that had already affected much of the South East. DRC was contracted by more than five separate entities to perform debris removal services for more than 25 separate contracts. Some of the entities included the North Carolina Department of Transportation, the Alabama Department of Transportation, the Alabama Department of Conservation and Natural Resources, the City of Birmingham, USACE in Joplin, Missouri, as well as various other small cities and townships. 2011 FEMA Site Development Beginning in the later part of 2011, DRC broke ground on a Site Development project for the USAGE in Minot, North Dakota. Thus far, work has consisted of developing a portion of the site, located in the northeast corner of Minot, for the installation of FEMA temporary group housing. This project has required constant coordination between several different agencies including FEMA, the USAGE, and officials with the State of North Dakota as well as local utilities' representatives. Topsoil stripping, grading, excavation, sanitary sewer and water line services, and electrical power and services are just a few examples of DRC's responsibilities with this project. 2010 Haiti Earthquake The 2010 Haiti earthquake was a catastrophic magnitude 7.0 earthquake, with an epicenter near the town of Leogane, approximately 16 miles west of Port-au-Prince, Haiti's capital. The earthquake occurred on Tuesday, 12 January 2010. Due to DRC Emergency Services' long standing commitment to disaster remediation and construction in Haiti, the firm was involved in multiple aspects of the recovery and reconstruction effort. Some of DRC's projects included several body recovery initiatives, debris removal and demolition, as well the provision of temporary and long-term life support facilities. Within 24 hours of the earthquake's occurrence, DRC assembled and mobilized a team of highly experienced and dedicated personnel to Port-au- Prince and the surrounding areas. The DRC team, along with the Haitian government, assessed the damage in the affected areas and formed a mobilization plan that most effectively initiated the recovery process. Due to experience in performing multiple contracts simultaneously, DRC understood the importance of having unlimited resources available when they were needed. Page 7 The DRC Group Along with equipment owned by the DRC family and its primary subcontractors, DRC secured national priority contracts with multiple national equipment leasing companies. Deepwater Horizon Oil Spill In addition to DRC's work in Haiti, DRC also successfully performed in several contracts that were directly related to the oil spill in the Gulf of Mexico which flowed for three months in 2010. The company's depth of knowledge with debris handling in ecologically sensitive environments was a significant asset and provided the ability to be intimately familiar with the placement, management, and removal of oil containment boom. Personnel in this company had a personal interest in protecting the Gulf Coast as they were among the affected residents. During this time, DRC was successfully classified as an Oil Spill Removal Organization (OSRO) by the United States Coast Guard. The company met several classifications which were listed on the OSRO Classification Matrix. Participation in this program allowed DRC to provide professionally recognized services to Escambia County, Florida as well as Plaquemines Parish, Terrebonne Parish, and Lafitte Parish, Louisiana. The Hurricane Season Of 2009 Despite the unusual lull in hurricane activity for the 2009 hurricane season, DRC remained very much involved in the disaster remediation industry. The DRC family of companies performed services for approximately 23 contracts that ranged from various types of debris removal to structural and slab demolition. In January of 2009, DRC responded with services and resources in a project funded by the Texas GLO that included debris removal and vessel recovery. The Texas GLO requested assistance for the removal of marine debris that was generated as a result of Hurricane Ike in 2008. These services were performed in Trinity, Galveston, East and West Bay and have an approximate contractual value of$22,703,700.00. DRC also provided services for areas such as Kentucky and Arkansas that were ravaged by severe ice storms. These services are valued at approximately $11,157,132.02. Also included in DRC's list of 2009 projects were residential demolition, structural and slab demolition, and barge removal. These contracts, performed for governmental agencies ranging from the Texas GLO to the town of North Topsail Beach,North Carolina, are all currently estimated at $43,285,257.75 The Hurricane Season Of 2008 In 2008, Hurricanes Gustav and Ike devastated the Louisiana and Texas coastlines. DRC responded in service to 36 separate contracts, including the cities of New Orleans, Houston, and Galveston. In Houston, Texas, DRC ES established industry benchmarks by achieving a FEMA record for hauling debris in a single day under a FEMA disaster declaration project. DRC's work in these regions was nearly completed in a little over two months, having quickly restored these communities in the wake of severe storms. The Hurricane Season Of 2005 The 2005 hurricane season brought the strongest storms and the worst natural disaster in our nation's history. The DRC family of companies is proud to have assisted in the recovery following the devastation of Hurricanes Katrina, Rita, Wilma, and Cindy affecting the Florida Keys, throughout Mississippi and Louisiana, and into Houston, Texas. To date, DRC has successfully completed over $130,000,000 in disaster remediation in the hardest hit parishes of Page 8 r----- The DRC Group Louisiana and in Monroe, Escambia, and Miami-Dade counties in Florida, as well as the eastern coastal counties of Texas. The Hurricane Season Of 2004 In the aftermath of Hurricanes Charley, Frances, Jeanne and Ivan in the fall of 2004, DRC and its teaming partners and/or subcontractors, performed 37 virtually simultaneous contracts and $150,000,000 in emergency work, including the removal of over 10,000,000 cubic yards of debris and the restoration of miles of beaches, throughout the state of Florida, from Monroe County to Escambia County,as well as projects in Virginia, South Carolina,and Texas. PAST PERFORMANCE • DATE CONTRACT 2012 CONTRACTING AGENCY DESCRIPTION OF WORK AMOUNT Work in progress April Tuscaloosa,AL Forest Lake Debris Removal Approx.$167,000.00 Tornado debris removal from Work in Progress March Pendleton County,KY county road right of ways Approx.$114,840.00 _ Emergency Disaster Debris Removal from March 2012 Work in Progress March Lafayette Consolidated Government Floods Approx.$442,240.00 Disaster Debris Removal, Work in Progress Center Point,AL Reduction& Disposal for January Approximately February 2012 Tornadoes $1,200,000.00 Tuscaloosa,AL Structural demo,Debris removal Work in Progress and Site cleanup $1,474,625.00 January DATE CONTRACT 2011 CONTRACTING AGENCY DESCRIPTION OF WORK AMOUNT Burgaw, Rl Approximately December Grinding/Chipping at Site $18,620.00 Barrington,RI Tub Grinding @ Town Compost November Site $81,956.92 Houston,TX Debris Removal in City Parks and Approximately October ROW's $4,500,000.00 September Southern Shores,NC Debris Removal -Hurricane Approximately Irene $100,000.00 September Pamlico County,NC Veg and C&D Debris Removal - Approximately Hurricane Irene $642,000.00 September New Hanover County,NC Veg/C&D Debris Removal& Approximately Disposal $163,000.00 September VDOT-Ashland Residency L& H Debris Removal— Approximately Hurricane Irene $4,200,000.00 September Richmond,VA Disaster Recovery Services $300,000.00 September Pender County,NC Site Mgmt @ Rocky Pt Approximately Convenient/Morris Tract in $250,000.00 Page 9 The DRC Croup • homestead September Cranston, RI Debris Removal Approximately $100,000.00 September Narragansett,RI Debris Removal—Hurricane Approximately Irene $100,000.00 September Calvert County,MD L&H Debris Removal— Approximately Hurricane Irene _ $161,400.00 September Mobile Home Group—Site $11,872,177.00 USACE-Minot,North Dakota Development Minot,ND September North Topsail Beach,NC Debris Removal—Hurricane $4,950.00 Irene September Cumberland, RI Debris Removal—Hurricane $53,440.00 Irene September Providence,Rhode Island Debris Removal $209,399.00 September Rhode Island D.O.T Emergency Push—Hurricane Approximately Irene $8400.00 August Holmes County.MS Debris removal—2011 Tornadoes Approximately $36,5.15.94 August VDEM Logistic/Life Support Services Approximately due to Hurricane Irene: Portable $514,000.00 Showers&Toilets, Bottled Water,Fuel,Generators,Reefer Trucks August Harford County,MD Provided Roll Off containers due Approximately to Hurricane Irene $66,000.00 August Push/Load and Haul Debris Approximately St.Mary's County, MD Removal $400,000.00 August Havelock,NC Debris Removal—Land H Approximately Hurricane Irene _ $150,000.00 August THE Emergency Push(Suffolk,VA) $828.00 August VDOT Hampton Road District,Virginia Debris Removal -Hurricane Approximately Irene $3,800,000.00 July Durant, MS Veg Debris Removal,Hauling& ApproximateIy Disposal $146,745.80 CD June City of Birmingham,AL Debris removal related to April Work in Progress tornado $215,169.00 Cr June AL DOT Division 3 Debris removal related to April $260,979.00 CDJefferson County, AL tornado June AL DOT Division 3 Removal and Disposal of Storm $1,689.00 Shelby County,AL Debris and Damaged Trees June AL DOT Division 3 Removal and Disposal of Storm $212,836.00 St. Clair County,AL Debris and Damaged Trees June AL DOT Division 3 Removal and Disposal of Storm $3,287,154.95 Blount County,AL Debris and Damaged Trees Page 10 r The DRC Group June USACE Debris Collection&removal/ $2,966,122.00 W9I2DQ-1 1-R-1033 Joplin Tornado Recovery Effort DRC ES Teaming with Intelligent Investments, Inc. June USACE Debris Collection&removal/ $2,869,470.00 W912DQ-11-R-1036 Joplin Tornado Recovery Effort DRC ES Teaming with R&R Trucking, inc. June Plaquemines Parish,LA Temp Correctional Provision of temporary Work in Progress Training Facility correctional training facility $1,982,000.00 June Clay County,MS Removal and Disposal of Storm $47,150.10 Debris and Damaged Trees May Fultondale,AL Debris removal related to April $1,024,757.00 Jefferson County tornado May Calhoun County,AL Debris removal related to April $4,075,189.63 tornado May East Baton Rouge, LA Ball field construction $519,988.00 Recreation and Park Commission Central Community Sports Park May City of Trussville, AL Debris removal related to April $99,620.00 tornado May AL DOT Division 1 District 4 Debris removal related to April $403,935.00 (AL 69 and 79 Marshall County) tornado May City of Birmingham Debris removal related to April $5,550,726.40 tornado May AL DOT Division 1 District 4 Debris removal related to April $993,538.00 (AL 91 Cullman County,AL) tornado May AL DOT Division 1 District 4 Debris removal related to April $1,792,202.00 (AL 227&AL 62 Marshall County) tornado May AL DOT Division I District 4 Debris removal related to April $1,689,537.00 (1-65 Cullman County,AL) tornado May AL DOT Division 1 District 4 Debris removal related to April $233,334.00 (AL 75,AL 168, US 231 &AL 67 Marshall tornado &Cullman Counties) May AL DOT Division 1 District 4 Debris removal related to April $171,479.00 (US 278& US 31 Cullman County,AL) tornado May AL DOT Division 1 District 3 Debris removal related to April $454,803.00 (Jackson County, AL) tornado May AL DOT Division I District 3 Debris removal related to April $165,183.00 (DeKalb County,AL) tornado Page 11 The DRC Group May AL DOT Division 5 District 2 Debris removal related to April $2,950,669.00 _ (Tuscaloosa,AL) tornado May Town of Phil Campbell,AL Debris removal related to April $3,736,966.75 tornado — May Franklin County,AL Debris removal related to April $3,586,373.94 tornado May. Alabama Department of Conservation and Debris removal related to April $1,605,854.84 Natural Resources(Guntersville State Park) tornado April USACE-Nashville,TN Metro Center Levee $1,349,159.00 T Improvements-construction of bike path on existing levee April Southern Industrial Contractors-St.Bernard Roadway restoration project- $9,942,103.00 Parish,LA repairs throughout the Parish April NC DOT-Johnston County,NC R.O.W.debris removal and Approximately disposal related to the April $460,000.00 tornado NC DOT-Wilson County,NC R.O.W. debris removal and Approximately April disposal related to the April $460,000.00 tornado April NC DOT-Greene County,NC R.O.W.debris removal and $161,472.00 disposal related to the April tornado DATE CONTRACT 2010 CONTRACTING AGENCY DESCRIPTION OF WORK AMOUNT December Richmond, VA Snow Push $27,803.50 Innovida—World Vision NGO—Haiti December Site work for schools $129,000.00 Corpus Christi,TX Debris Removal—yearly ® September maintenance $350,000.00 CD Haiti—Seismic and structural evaluation of the former US Chancery facility and former USAID Mission facility to ® August Cliemonics International,Inc. withstand future natural disasters $56,155.00 Haiti—Construction and World Food Program operation of secured community July housing and support facilities $6,500,000.00 Haiti-Construction of 650 June TOM temporary shelters $296,000.00 Netherland Red Cross Haiti-Supply&construct 205 May transitional shelters $493,845.00 May Parsons Haiti -Providing life support Page 12 The DRC Group Monroe County, FL May Lobster Trap Removal $1,779,900.00 Escambia County,FL Oil Spill Recovery for BP Oil May Spill $3,875,080.00 Provision of Boom for BP Oil May USES,LA Spill $1,200,000.00 Lawson Environmental, LA Provision of Boom-for BP Oil May Spill $600,000.00 Orleans Parish Criminal Sheriff's Office May Temporary Inmate Housing Est. $8,360,000.00 City of Nashville,TN May Flood Debris Removal $1,055,382.44 Oil Spill Recovery Efforts Plaquemines Parish, Lafitte and BP Deep Water Horizon Oil Spill Response Terrebonne Parish, LA and the May Panhandle of Florida Est.$170,000,000.00 State of Florida DEP Santa Rosa County Placement of Oil Containment May Boom S1,386,098.00 Coastal Planning and Engineering Okaloosa County Placement of Oil Containment May Boom $4,071,012.40 Provision of Temporary office April Red Cross P space $163,112.00 Haiti-Operation of National April Government of Haiti Landfill in Truitier $45,913.50 Haiti—Lease of temporary living Major International Bank—Haiti facilities and support March (privileged information) infrastructure. $444,444.00 International Society of the Red Cross and March Red Crescent Heavy Equipment Lease $244,229.83 Terrebonne Parish Consolidated Government March Demolition of 83 houses $400,000.00 February United States Army-Department of Defense Providing light towers $118,898.75 - City of New Orleans,Louisiana Work in Progress February Strategic Demolition $5,479,000.00 Anne Arundel County,MD February Snow Push $3,054,029.50 Alexandria,Virginia February Snow Push $27,216.00 Prince William County,Virginia February _ Snow Push $32,880.00 Page 13 The DRC Group City of Baltimore,Maryland DGS February _ Snow Push $2,697,721.00 Arlington County,Virginia February Snow Push $264,408.00 VDOT-Wan-enton Residency $48,624.00 February Snow Push MDOT-SHA Region C,Anne Arundel County,MD February Snow Push $9,593.00 Baltimore Public Buildings&Grounds February Snow Push $212,931.00 Virginia Department of Emergency Management February Snow Push $51,000.00 DYNCORP-under contract to the U.S. Haiti-Providing life support, Navy debris removal at the Hotel Montana,build'and operate the Lt. F.A.Toner Camp, Debris removal in Turgeau and DeImas, Heavy equipment rental to support SEABEE's,deceased January victim recovery at 60 demo sites $5,832,915.13 Haiti—Including U.S.&other militaries, hospitals, refugee camps and numerous Haiti-Providing and servicing $1,317,353.00 January clients portable latrines January Unibank, Haiti Debris&deceased victim removal at bank building $22,444.00 Terrebonne Parish Consolidated Government January Marine and vessel debris removal $216,000.00 DATE 2009 CONTRACT CONTRACTING AGENCY DESCRIPTION OF WORK AMOUNT CD Anne Arundel County, Maryland December Snow Push Virginia Department of Emergency CD Management December Snow Push $477,178.55 TXDOT Cherokee County, November Tree Trimming&Brush Removal $171,176.25 New Orleans, LA Construction of City Park Tennis November Center $3,680,000.00 Structure and slab demo in Louisiana Trust#7 Orleans,Jefferson,St Bernard August Parish $426,480 Louisiana Land Trust# 11 Structure and slab demo Orleans August Parish $1,277,740.00 Page 14 The DRC Group Assumption Parish Police,Jury, LA Debris Removal-Ezekiel St. July Dumpsite $94970.00 Grand Isle State Park,LA July Erosion Control $1,392,700.00 Iberville Parish,LA July Removal of Sunken Barges _ $196,000.00 Private property demolition in Jefferson Parish,LA Bataria,Lafitte,Crown Point and July Grand Isle $1,323,044.20 North Topsail Beach,N.C. June Berm Shaping $220,459.00 Birmingham Airport Authority April Demolition Est.$148,464.00 Lafayette, Louisiana April Demolition of residential houses $17,664.00 TXDOT Galveston County April Bolivar Ditch Excavation Est.$306,413.28 Lexington-Fayetteville Urban County Government Parks and Golf Course March Ice Storm Debris Removal $I77,877.50 LADOTD Hurricane Gustav Chipping and March Grinding $144,565.00 Graves County, Kentucky • March Ice Storm Debris Removal $2,220,183.54 Baxter County,Arkansas March Ice Storm Debris Removal $4,519,870.90 Lexington-Kentucky Urban County Government February Ice Storm Debris Removal $780,000.00 Blytheville,Arkansas February Ice Storm Debris Removal. $1,481.569.99 Kentucky DOT—District'1 February Ice Storm Debris Removal Est. $357,488.66 Harris County,TX Armond Bayou Rio Villa Nature Trails February Hurricane Ike Debris Removal $24,750.00 Fayetteville,Arkansas February Ice Storm Debris Removal 2009 $2,592,537.17 Kentucky DOT—District 2 February Ice Storm Debris Removal Est. $509,174.25 Texas General Land Office Hurricane Ike Marine Debris January Removal Est.$22,703,700.00 DATE - 2408 CONTRACT CONTRACTING AGENCY DESCRIPTION OF WORK AMOUNT Page 15 The DRC Group Drift and Debris Removal and USACE Vicksburg District Associated Work,Coldwater October Rivershed $467,280.00 Texas DOT Hardin East Hurricane Ike Debris Removal October ROW $176,893.20 Texas DOT Chambers East Hurricane Ike Debris Removal October _ ROW $413,525.00 Bayou Lafourche Fresh Water District Hurricane Gustav Debris October Removal $772,320.00 Texas DOT— Orange County October Hurricane Ike Debris Removal $2,206,012.92 Groves,TX October Hurricane Ike Debris Removal $16,584.21 Port of Galveston,TX October Hurricane Ike Debris Removal $467,898.84 Plaquemines Parish, LA Repairs to Buras Library— September Hurricane Katrina $3,424,000.00 Westwego, LA Hurricane Gustav Debris September Removal $3 5,674.67 Kenner, LA Hurricane Gustav Debris September Removal $315,000.00 New Orleans, LA Hurricane Gustav Debris September Removal. $1,650,562.67 St John the Baptist, LA Hurricane Gustav Debris September Removal $792,395.68 St. Landry Parish, LA Hurricane Gustav Debris CD September Removal $2,992,882.80 Iberville,LA Hurricane Gustav Emergency September Push and Debris Removal $3,368,184.69 CDLafayette, LA Hurricane Gustav Emergency September Push and Debris Removal $4,506,624.12 Hurricane Gustav Debris Iberia, LA Removal September Hurricane Ike Debris Removal $1,793,463.03 Tangipahoa, LA Hurricane Gustav Debris September Removal $2,780,902.26 LADOTD District 2,3,61,62 Hurricane Gustav Debris September Removal $18,970,757.96 Galveston,TX September Hurricane Ike Debris Removal $38,007,492.62 Harris County,TX September Hurricane Ike Debris Removal $19,446,030.96 Page 16 The DRC Group Piney Point Village,TX September Hurricane Ike Debris Removal $693.346.07 Taylor Lake Village,TX September Hurricane Ike Debris Removal $598,735.91 Bellaire,TX September Hurricane Ike Debris Removal $880,126.19 Port Neches,TX September Hurricane Ike Debris Removal $450,447.33 Jefferson County,TX September Hurricane Ike Debris Removal $1,996,522.66 Nassau Bay,TX September Hurricane Ike Debris Removal $480,179.64 Nederland, TX September Hurricane Ike Debris Removal $915,993.94 Humble,TX September Hurricane Ike Debris Removal $646,447.07 Jamaica Beach,TX September Hurricane Ike Debris Removal $2,605,261.37 Port Arthur,TX September Hurricane Ike Debris Removal $6,831,004.19 Baytown,TX September Hurricane Ike Debris Removal $3,116,996.01 El Lago,TX September Hurricane Ike Debris Removal $308,842.37 Jefferson County Drainage District No. 7, TX September Hurricane Ike Debris Removal $1,645,364.59 Houston,TX September Hurricane Ike Debris Removal Est. $49,820,935.92 Repairs to Buras Auditorium Plaquemines Parish, LA Project No.06-08-03—Hurricane July Katrina $4,468,000.00 Parkersburg, IA June Debris Recovery Contract $5,486,500.00 Repairs to Hurricane Damage at Plaquemines Parish, LA Port Sulphur Government June Building Hurricane Katrina $3,676,593.00 Replacement of the Plaquemines Parish, LA Recreation/Sign/Prowm Building June Hurricane Katrina $2,924,000.00 Replacement of the District 8 Plaquemines Parish, LA Council Building—Hurricane June Katrina $1,486,968.00 Page 17 The DRC Group Macon,GA Debris Management and Removal June Services $3,458,435.00 Press and Louisa St.Wharves Port of New Orleans, LA Demolition&Removal of May Remaining Structures $1,530,355.00 - Structural Demolition, Selective New Orleans,LA Salvage, Debris removal and Site May Clean-up $2,696,118.71 Benetech—FEMA—Park Restorations April Restoration of Trailer Parks $64,800.00 Debris Removal&Disposal - Macon County,TN Northern Portion—Subcontractor March to Benetech $677,674.68 Debris Removal&Disposal - Macon County,TN Southern Portion—Subcontractor March to Benetech $522,732.15 Alba,MO Debris Removal Related to the February Dec 9& 10,2007.Ice Storm $28,750.00 Jefferson Parish,LA February Private Property Debris Removal $1 11,893.00 Monroe County, FL Removal Of the Lady Luck January Casino Vessel $499,050.00 Duquesne,MO Debris Removal Related to the January Dec 9& 10,2007 Ice Storm $128,886.00 DATE CONTRACT 2007 CONTRACTING AGENCY DESCRIPTION OF WORK AMOUNT Jefferson Parish, LA December Private Property Demolition $184,942.26 Webb City,MO Debris Removal Related to the December Dec 9& 10,2007 Ice Storm $529,758.39 City of New Orleans, Louisiana Hurricane Katrina—Demolition November of Flood Damaged Homes $13,142,471.87 CD Jefferson Parish,LA Hurricane Katrina—Demolition October of Flood Damaged Homes $727,488.00 ---� Plaquemines Parish,Louisiana Hurricane Katrina-Canal Debris °°�-� July Removal $19,614.201.76 Plaquemines Parish, Louisiana Hurricane Katrina-Ditches and July Culverts $6,430,367.93 USCG Jackson County,MS Marine Debris Hurricane Katrina-Marine Removal Debris Removal,subcontractor to July RFP#HSCG84-07-R-HYV063 CDP,Inc. $2,097.212.76 New Orleans Regional Transit Authority Hurricane Katrina-Disposal of $545,400.00 July approximately 300 buses City of Marshfield, MO April Ice Storm Debris Removal $ 143,931.12 Page 18 The DRC Group Hurricane Katrina-Marine USCG Bay St. Louis Debris Removal,subcontractor to April CDP. Inc. $5,1 16,941.08 City of Kenner,LA Tree/Hanger Hurricane Katrina-Tree and partner w/Cycle Construction Hanger Removal Teaming March Partners with Cycle Construction $97,490.00 Plaquemines Parish, Louisiana Hurricane Katrina-Debris March Removal ROE $4,823,072.15 USCG LA Couvillion/9 Parishes/Marine Debris Removal Hurricane Katrina-Marine March Timothy Couvillion Debris Removal,subcontractor to Couvillion Group Couvillion $2,455,875.00 Greene County,Missouri February Ice Storm Debris Removal $6,405.379.55 Louisiana Department of Environmental Hurricane Katrina Remediation Quality and Disposal of Vehicles and February Vessels $725,123.00 City of Springfield, Missouri January Ice Storm Debris Removal $9,965,291.62 DATE CONTRACT 2006 CONTRACTING AGENCY DESCRIPTION OF WORK AMOUNT Hurricane Katrina Debris St.Tammany Parish Removal and Roadside December Maintenance $1,202,176.73 Hurricane Katrina Marine Debris Removal in MS and LA (various projects—DRC subcontractor to MS-$1,365,703.17 LA- December United States Coast Guard(CDP) CDP,Inc.) $2,383,978.16 Louisiana Department of Environmental Quality Hurricane Katrina-Vessel November Recovery"Chris and Shane" $114,762.00 Town of Amherst,New York November Ice Storm Debris Removal $12,210,418.13 Hurricane Katrina Vessel.and Orleans Levee District Debris Removal—South Shore November Harbor $608,045.58 Construction of 350 man Greenfield work Fluor International camp in Haiti for US Embassy October project. $18,881,889.00 Louisiana Department of Environmental Quality Hurricane Katrina-Vessel July Recovery _ $870,583.76 Stock piling of Earthen Clay for USACE Earthen Clay(Levee) Levee's in Plaquemines Parish, June LA $1,637,067.32 Louisiana Department of Environmental Quality Hurricane Katrina Removal of May Vehicles and Vessels $13,550,934.33 St. Bernard Parish,LA Hurricane Katrina Installation of May "FEMA"Travel Trailers $432,278.00 Page 19 The DRC Group Hurricane Wilma Removal of Monroe County, FL Marine Debris and Derelict May Vessels $3,778,952.80 City of Gulfport, Mississippi Hurricane Katrina Emergency April Debris Removal $2,798,411.53 DATE CONTRACT 2005 CONTRACTING AGENCY DESCRIPTION OF WORK AMOUNT Jefferson County,TX Hurricane Rita Emergency Debris Estimated October Removal $15,000,000.00 Westlake, LA Hurricane Rita Emergency Debris Estimated October Removal $1,000,000.00 Deerfield Beach, FL Hurricane Wilma Emergency Estimated October Debris Removal $3,500,000.00 Monroe County, FL Hurricane Wilma Emergency Estimated October Debris Removal $8,000,000.00 Plantation,FL Hurricane Wilma Emergency Estimated October Debris Removal 53.000,000.00 North Miami,FL Hurricane Wilma Emergency Estimated October Debris Removal $3,000,000.00 Miami,FL Hurricane Wilma Emergency Estimated October Debris Removal $4,000,000.00 School District of Palm Beach, FL Hurricane Wilma Emergency Estimated October Debris Removal $1,000,000.00 Hollywood,FL Hurricane Wilma Emergency Estimated October Debris Removal $4,000,000.00 CD Martin County,FL Hurricane Wilma Emergency Estimated October Debris Removal $7,000,000.00 flp Miami-Dade County, FL Hurricane Wilma Emergency Estimated October Debris Removal $2,000,000.00 Palm Beach SWA,FL Hurricane Wilma Emergency Estimated October Debris Removal $1,000,000.00 LADOT Hurricane Katrina Emergency Estimated September Debris Removal $90,000,000.00 Hurricane Katrina Emergency Debris Removal. DRC ES,LLC Baton Rouge,LA/BFI =teaming agreement with Estimated September (Cahaba) Cahaba,Inc. $7,000,000.00 Page 20 • The DRC Group Mississippi Department of Transportation (Greene County) Hurricane Katrina Emergency September Debris Removal Florida Department of Transportation (Monroe County) Emergency Push for Monroe September County North Topsail Beach,NC Hurricane OpheIia Emergency Estimated September _ Removal _ _ $50,000.00 Miami,FL Hurricane Katrina Emergency August Debris Removal Florida Department of Transportation Hurricane Katrina Emergency August Debris Removal Monroe County,FL Judy Steele, Engineering Dept, Hurricane Katrina Emergency August Debris Removal Hollywood,Florida Hurricane Katrina Emergency August Debris Removal Hurricane Katrina Emergency Gulf Breeze,FL(Byrd Brothers) Debris Removal. DRC ES, LLC August =subcontractor Estimated$150,000.00 Debris removal,reduction and Monroe County, FL sand screening in the aftermath of July Hurricane Dennis. estimated$1,500,000.00 Provided hurricane related debris clearing and removal assistance in Okaloosa County, FL the aftermath of Hurricane July Dennis. $1,200,000.00 Construction,demolition, hauling,reducing and disposal. Sand screening and restoration of Escambia County, FL beach area in the aftermath of July Hurricane Dennis $2,000,000.00 Provided hurricane related debris clearing and removal assistance in Mary Esther, FL the aftennath of Hurricane July .Dennis. $66,357.12 Provided hurricane related debris clearing and removal assistance in Shalimar,FL the aftermath of Hurricane July Dennis. $19,796.16 Hurricane Dennis Emergency Debris Removal. DRC ES, estimated July _ Santa Rosa,FL(Cahaba) _ LLC=subcontractor $17,250,000.00 Page 21 • • The DRC Group Hurricane Dennis Emergency Gulf Breeze(Byrd Brothers) Debris Removal. DRC ES, estimated July LLC=subcontractor $576,000.00 _ Hurricane Dennis Emergency Debris Removal. DRC ES, July Milton,FL(Byrd) LLC=subcontractor _ $250,000.00 Debris removal and reduction in Gulf Breeze, FL(Byrd Brothers) aftermath of Hurricane Ivan May DRC ES,LLC=subcontractor $ 805,000.00 University of South Alabama April Hillsdale housing Demolition $464,812.79 DATE CONTRACT 2004 CONTRACTING AGENCY DESCRIPTION OF WORK AMOUNT Hollywood, Florida Debris removal and reduction in September aftermath of a hurricane. _ $ 1,156,000.00 _ Provided hurricane related debris clearing and removal assistance in the aftermath of Hurricane Ivan. Okaloosa County, FL Provided technical assistance for September FEMA reimbursement. $ 8,921,888.00 Orchid,FL Debris removal and reduction in September aftermath of a hurricane. $ 57,896.00 Plantation,FL Debris removal and reduction in September aftermath of a hurricane. $ 891,023.00 Tarpon Springs, FL Debris removal and reduction in September aftermath of a hurricane. $ 543,204.00 Berkeley County, SC Debris removal and reduction in September aftermath of a tropical storm. $ 4,191,154.00 _ Briarcliffe Acres, SC Debris removal and reduction in September aftermath of a hurricane. $ 57,375.00 Broward County,FL Debris removal and reduction in September aftermath of a hurricane. $ 23,775.00 Crestview, FL Debris removal and reduction in September aftermath of a hurricane. $ 1,263,805.00 CDDeerfield Beach,FL Debris removal and reduction in September _ aftermath of a hun-icane. $ 1,269,087.00 Deltona,FL Debris removal and reduction in September aftermath of a hurricane. _ $ 6,918,153.00 Clearing and Demolition of approximately 15 miles of Pensacola, Florida beaches destroyed by Hurricane Ivan. Removal and cleaning of beach sand,dune restoration and • Escambia County,FL demolition. Debris removal and September _ _condemnation of beachfront _ $ 40,000,000.00 Page 22 The DRC Group structures as directed by the Government. Provided hurricane related debris clearing and removal assistance in the aftermath of Hurricane Jeanne. Provided technical Hillsborough County, FL assistance for FEMA September reimbursement. $ 7,220,898.00 Tampa, FL Debris removal and reduction in September aftermath of a hurricane. $ 7,508,1 99.00 Indian River Shores,FL Agreement for Debris and September Disaster Management Services $ 416,954.00 Indian River County, FL Debris removal and reduction in August aftermath of a hurricane. $ 6,391,472.00 Jacksonville Beach,FL Debris removal and reduction in August aftermath of a hurricane. $ 692,610.00 Provided debris clearing and removal in the aftermath of Hurricanes Jeanne and Frances Martin County,FL and technical assistance for August FEMA reimbursement. $ 18,418,991.00 Mary Esther, FL Debris removal and reduction in August aftermath of a hurricane. $ 400,681.00 Niceville,FL Debris removal and reduction in August aftermath of a hurricane. _ $ 631,539.00 Sanford, FL Debris removal and reduction in August aftermath of a hurricane. $ 4,853,616.25 South Florida Water Management District Debris removal and reduction in August aftermath of a hurricane. $ 78,378.00 St. Lucie County, FL Debris removal and reduction in August aftermath of a hurricane. $ 6,714,259.00 Temple Terrace,FL Debris removal and reduction in August aftermath of a hurricane. $ 657,197.00 West Palm Beach,FL Debris removal and reduction in August aftermath of several hurricanes. $ 6,340,930.55 Vero Beach, FL Debris removal and reduction in August aftermath of several hurricanes. $ 4,674,287.00 DATE CONTRACT 2003 CONTRACTING AGENCY DESCRIPTION OF WORK AMOUNT Year 2003 U.S.Coast Guard Emergency Construction Services in six(6)NE States- I DIQ $ 1,397,000.00 Year 2003 Gillette, Wyoming Emergency rail services— multitask $ 500,000.00 October Hopewell, VA Hurricane Isabel debris removal $ 359,079.00 Page 23 The DRC Group October Ashland,VA Hurricane Isabel debris removal S 249,127.00 October VA Dept of Conservation& Recreation Hurricane Isabel debris removal $ 5,659,174.00 _ October VA Dept of Transportation Hurricane Isabel debris removal $ 33,607,597.00 July Custer Battles/Coalition Provisional Operation Iraqi Freedom- Authority Construct and operate temporary Baghdad,Iraq and permanent camps- Iraq- construct security facilities, provide Gurkha security guards $ 5,000,000.00 DATE CONTRACT 2002 CONTRACTING AGENCY DESCRIPTION OF WORK AMOUNT U.S.Coast Guard—N.Atlantic Div.-IDIQ Emergency Construction Services Year 2002 —multiple task orders-Year 2002 $ 1,300,000.00 City of Broussard, Louisiana Debris Removal-Hurricanes October Isidore&Lili $ 491,944.00 Jefferson Parish, Louisiana Debris Removal-Hurricanes October Isidore& Lili $ 1,243,033.00 Orleans Parish, Louisiana Debris Removal-Hurricanes October Isidore&Lili $ 460,219.00 St. Bernard Parish,Louisiana Debris Removal-Hurricanes October Isidore& Lili. S 343,921.00 City of Lackawanna, MO Emergency Ice Storm Debris May Reduction $ 45,000.00 Blue Springs,MO April Ice Storm Debris Removal $ 965,000.00 State of Virginia Emergency Management 3,000,000 Tires Fire Emergency March Hazardous Waste Containment $ 184,820.00 (D DATE CONTRACT 2001 CONTRACTING AGENCY DESCRIPTION OF WORK AMOUNT US Army Corps of Engineers Tom's Mountain, WV Temporary Housing Site Work& October USACE-Contracting Division, POC:Ms. Development-floods $ 2,599,024.00 City of Houston,Texas Flood Debris Removal July (Environmental) $ 854,387.00 City of Houston,Texas Flood Debris Removal-T.S. July Allison $ 1,521,242.00 Clearbrook Utility District,Texas Flood Debris Removal-T.S. July Allison $ 14 710.00 Dickinson,Texas Flood Debris Removal-T.S. July Allison $ 1,851.00 Friendswood,Texas Flood Debris Removal-T.S. July _ Allison $ 146,223.00 Page 24 The DRC Group Guam Power Authority Technical Services-Super July Typhoon Paka $ 897,728.26 Pearland,Texas Flood Debris Removal-T.S. July Allison $ 155,426.00 Sarasota County, Florida July Debris Removal-T.S.Gabriella $ 2,110,991.00 Slidell,LA Flood Debris Removal-T.S. July Allison $ 53,317.00 Texas Department of Transportation,Red River County Emergency Debris Removal and March Processing-lce Storm - $ 125,108.00 City of Benton,Arkansas Emergency Debris Removal and February Processing-Ice Storm $ 304,928.00 City of Hope,Arkansas Emergency Debris Removal and February Processing-Ice Storm $ 704,960.00 City of Shreveport, LA Emergency Debris Removal and February _ Processing- Ice Storm $ 238,620.00 Ouachita Co,Arkansas Emergency Debris Removal and February Processing-Ice Storm $ 2,086,368.00 Red River Co,TX Emergency Debris Removal and • February Processing-Ice Storm $ 2,640,937.00 City of Camden,Arkansas Emergency Debris Removal and January .Processing-Ice Storm $ 937,695.00 McCurtain County,OK Emergency Ice Storm Debris January Removal $ 25,000,643.00 DATE CONTRACT 2000 CONTRACTING AGENCY DESCRIPTION OF WORK AMOUNT C.R. Peele Construction,Camp LeJeune, North Carolina September Emergency Debris Grinding $ 77,200.00 August Sparta,NJ - Emergency Debris Removal $ 742,373.00 En-iergency Debris Removal- USDA-NRCS,Raleigh,NC Trent River,Jones County North August Carolina $ 479,452.00 Revised as of 5-8-12 • Page 25 The DRC Group : EXPERIENCE: MAJOR EVENT RESPONSES BY THE DRC GROUP The DRC Group and affiliated companies have responded to every major disaster event since the inception of the Group in 1989. Beginning with Hurricane Hugo in 1989, through major American international conunitments in Iraq, Afghanistan, and Haiti, and in response to the devastating disasters of 2004, 2005, and 2008, DRC is proud to have responded professionally and expeditiously to every kind of challenge faced by our nation and its communities. The DRC Group is also proud of its response to localized events such as floods, tornadoes, microbursts, and fires that effect towns and counties of any size. Regardless of the size of the event or the client, DRC responds with the same experience,personnel, and resources. DATE EVENT DATE EVENT 1989-1990 Hurricane Hugo-South Carolina 2002 Typhoon Chata'an-Guam and St.Croix, U.S. Virgin Islands 2002 Floods-State of Virginia , 1991-1995 Operation Desert Storm, Kuwait 2002 Hurricane Isadore—Louisiana and Saudi Arabia 2002 Emergency Tire Fire(3 million 1992-1993 Hurricane Andrew-Florida tires)-Virginia 1992-1994 U. S. Military Liberation,Somalia 2002 Hurricane Lili-Louisiana 1995-1996 Hurricane Marilyn,U.S. Virgin 2002-2003 U.S. Coast Guard.1DIQ Facilities Islands and Puerto Rico Maintenance and Emergency 1995-1996 Hurricane Opal- Florida Construction 1996-1997 Hurricane Fran-North Carolina 2002-2003 Super Typhoon Pongsona-Guam 1997 Hurricane Danny-Alabama 2003 Operation Iraqi Freedom—Iraq 1997-1998 Ice Storm -Nebraska 2003-2004 Hurricane Isabel—Virginia 1998-2001 Super Typhoon Paka—Guam 2004 Floods-State of Texas 1998-1999 Hurricane Georges-Puerto Rico 2004-2005 Hurricanes Charley, Frances, and Alabama Jeanne and Ivan-Florida 1998-2001 Hurricane Mitch-Honduras 2004-2005 Tropical Strom Gaston-South 1999 Ice Storm-Alabama and Carolina Tennessee 2005 Hurricane Dennis- Florida 1999 Tropical Storm-Texas 2005-2008 Hurricane Katrina- Florida, 1999-2000 Liberation of Kosovo,Serbia Louisiana,and Mississippi 1999-2001 F5 Tornado-Oklahoma 2005 Hurricane Ophelia-North Carolina 1999-2001 Hurricane Floyd-Florida, South 2005 Hurricane Rita—Texas and Carolina and North Carolina Louisiana 1999 Hurricane Irene-Florida 2005 Hurricane Wilma-Florida — 2000 Ice Storm-Georgia 2006 Ice Storms—New York 2000 Ice Storm-North Carolina 2007-2008 Ice Storms-Missouri CD 2000 F4 Tornado-Texas 2008 F5 Tornado—Iowa 2000 Catastrophic Flood-New Jersey 2008 Mother's Day Tornadoes—Georgia 2001 Ice Storms-Oklahoma, Louisiana, 2008 Hurricane Gustav—Louisiana Texas and Arkansas 2008 Hurricane Ike—Texas 2001 Texas Floods- Houston Area 2009 Snow Storms—Virginia/Maryland 2001 West Virginia Flooding 2009 Ice Storms—Kentucky/Arkansas 2001 Tropical Storm Allison-Texas and 2010 Snow Storms—Maryland/Virginia Louisiana 2010 Flood—Tennessee 2001 Anthrax Terrorism Attack-U.S. 2010 Haiti—Earthquake Congress, Washington,DC 2010 BP Deepwater Horizon Oil Spill 2001 Tropical Storm Gabrielle-Florida 2001 Ice Storm-Kansas and Missouri 201 1 Tornado Outbreak-Southeast U.S. 2002 Snow Storm -New York and Joplin,Missouri Page 26 I, EXPERIENCE: CLIENT BASE OF THE DRC FAMILY OF COMPANIES The following is a list of clients for whom the DRC Group has performed work in the past. DRC has served small towns and large cities, urban and rural counties and parishes, Federal and state agencies, as well as the private sector. U.S.Cities and Towns Brevard County,Florida North Carolina Forestry Service Alba, Missouri Broward County,Florida Texas Department of Amherst,New York Dawson County,Georgia Transportation Benton,Arkansas Dekalb County,Georgia Virginia Department of Blue Springs,Missouri Escambia County,Florida Emergency Management Camden, Arkansas Greene County,Missouri Virginia Department of Carrboro,North Carolina Hillsborough County, Florida Transportation Carruthersville, Missouri Indian River County, Florida Virginia Department of Parks Cary,North Carolina Jefferson Parish,Louisiana and Recreation Charleston, South Carolina Lenoir County,North Carolina Duquesne, Missouri Lincoln,Nebraska U.S. Federal Agencies Fairhope,Alabama Manatee County, Florida U.S. Coast Guard Ft. Worth,Texas Martin County, Florida U.S.Congress Friendswood,Texas McCurtain County,Oklahoma U.S. Department of Agriculture Garner,North Carolina Mobile County,Alabama U.S. State Department Gulfport,Mississippi Monroe County, Florida U.S. Department of Homeland Hope,Arkansas New Hanover County,North Security Houston,Texas Carolina U.S. Army Corps Of Engineers Indian River Shores,Florida New Orleans,Louisiana Jacksonville,North Carolina Okaloosa County, Florida United States Corporations Jacksonville Beach, Florida Orleans Parish,Louisiana Allied Waste, Inc. Kinston,North Carolina Osceola County,Florida Bechtel International Lilesville,North Carolina Ouachita County,Arkansas Blount International, Inc. Lincoln,Nebraska Plaquemines Parish, Louisiana Brown and Root Macon,Georgia Pender County,North Carolina Browning Ferris Industries, Inc. Marshfield,Missouri Red River County,Texas Bugshan/Stone- Moroven,North Carolina Rockdale County,Georgia Webster(Saudi/USA) Myrtle Beach, South Carolina Sarasota County,Florida Burlington Southern North Topsail Beach,North St. Bernard Parish,Louisiana CSX Railroad Carolina St. Lucie County,Florida Conventional Munitions Orchid, Florida St.Tammany Parish,Louisiana Systems E.O.D. Orlando, Florida Wake County School District, E.H.R.T.(E.O.D.) Parkersburg, Iowa North Carolina Flowers Industries,Inc. Raleigh,North Carolina Walton.County, Florida The Fluor Corporation Shreveport,Louisiana Washington Parish, Louisiana Foster Wheeler Slidell,Louisiana General Electric-Capital,Inc. Sparta,New Jersey U.S.State Agencies Gilbert Southern Springfield,Missouri Alabama Department of Milpark International Ltd. Tullahoma,Tennessee Transportation Norfolk Southern Railroad Tampa,Florida Florida Department of Passive Barriers(E.O.D.) Vero Beach,Florida Transportation Raith Engineering Wadesboro,North Carolina Louisiana Department of Tampa International West Palm Beach, Florida Environmental Quality Waste Management, Inc. North Carolina Department of Will Brothers Middle East Ltd. US Counties and Parishes Transportation Berkeley County, South North Carolina Department of International Companies Carolina Parks and Recreation Alghanim Industries (Kuwait) Page 27 The DRC Group Archdiocese of Agana,(Guam) Corporation(Kuwait) Royal Ordnance-A division of Arche Roden(Greece) Kuwait Ministry of Defense British Aerospace(U.K.) ATCO International,Inc. (Kuwait) Sofremi(French Ministry of (Canada) Marwarid Group L.L.C.(Saudi) Interior) British Army(United Kingdom) Morrison International Soviet National Oil Company Catalytic Maintenance Ltd. (Morrison Shand)(U.K.) (Russia) (Canada) NATO-Armed Forces(E.U.) Tarig Alghanim Ltd.(Kuwait) China Petroleum(China) North Atlantic Treaty Tekfen Construction Co. Ericsson Telecommunications Organization-Albania Force (Turkish) (Swedish) (AFOR)(Albania) The National Industries Co. Guam EPA(Territory of Guam) McConnel Dowell Co. Ltd. (Kuwait) M.F. Kent(Ireland) (New Zealand) United Nations(New York) Kuwait Oil Company(Kuwait) National Industries Trading Kuwait National Petroleum Company(U.A.E.) ecCE CD Page 28 The DRC Group CURRENT PRE-POSITION CLIENTS OF THE DRC GROUP DRC has been selected as pre-positioned, pre-qualified, or "stand-by" contractor for over 200 government entities and political subdivisions. We currently serve approximately 175 communities in this capacity from the Southwest United States to Florida in the Southeast to the Atlantic Seaboard and New England. We have permanent offices in Mobile, Alabama and New Orleans, Louisiana as well as dedicated regional representatives to serve all of our stand-by clients. Stand-by clients also have access, free of charge, to the expertise and training in Emergency Management provided by our consultant Walter Maestri, Ph.D., a longtime, nationally recognized emergency manager. State of Alabama Dauphin Island Dale County Mobile County Chickasaw Etowah County Phenix City Prichard Robertsdale Silverhill Alabama DOT-prequalified State of Arkansas Fayetteville State of California Alameda County Sacramento County- Compton prequalified Orange County San Bernardino County State of Florida Belleair Beach Osceola County School Broward County District Cape Coral Oviedo Charlotte County Palm Beach County School Cinco Bayou District-Debris Removal Citrus County Palm Coast Crestview Pembroke Pines Dania Beach Pinellas County DeBary Pinellas Park Deltona Punta Gorda Destin Safety Harbor El Portal Santa Rosa County Escambia County Santa Rosa County School Escambia County School District District Florida Department of Transportation-prequalified Sarasota County FDOT-Baker,Columbia,Hamilton,Suwanee,and Sebastian Union Sewall's Point FDOT District 2 Alachua and Bradford-Cut and Toss Shalimar FDOT Putnam and St.Johns Co.-Cut and Toss South Broward Drainage FDOT District 4-Z4018 District FDOT District 7 Southwest Florida Water FDOT District4-Z4025 Management District FDOT District 6-Miami Dade Cut and Toss St.Lucie County FDOT Clay, Duval,Nassau Counties Cut and Toss St Lucie County School FDOT Gilchrist,Levy Counties Cut and Toss District FDOT Lafayette, Madison,Taylor Counties Cut and St.John's County Toss Tamarac FDOT District 6 Monroe Co-Debris Removal Tampa Page 29 The DRC Group FDOT 6 Miami-Dade-Debris Removal Taylor County Gulfport P Temple Terrace Hallandale Beach Treasure Island Hernando County University of Miami Hillsborough County Village of Golf Hollywood Venice Indian Rocks Beach Weston Jacksonville-prequalified Jupiter Island-Debris Removal Jupiter Island-Debris Disposal Key West Largo Lake Worth Longboat Key Longwood Manatee County School District Marco Island Martin County Mary Esther • Miami Dade County School District Miami-Dade County Miami Springs Milton Miramar Monroe County Monroe County Marine Debris Removal North Lauderdale North Miami Beach Oakland Park Ocean Reef Club, Inc. Ocean Reef Community Association Okaloosa County Oldsmar Orlando State of Georgia Atlanta Long County Charlton County Lowndes County Colquitt County Lumpkin County BOC Colquitt(City of) MARTA CD Garden(City of) Miller County Floyd County Thomas County Gordon County Savannah Liberty-Hinesville County State of Hawaii Honolulu State of Kentucky Owensboro Pendleton County State of Louisiana Baton Rouge New Orleans Calcasieu Parish-Debris Plaquemines Parish(5) Calcasieu Parish-Products/Services St.Charles Parish Cameron Parish Police Jury St.John the Baptist Parish Downtown Development District-New Orleans Tangipahoa Parish Page 30 The DRC G roup • Iberville Parish Jefferson Parish-Debris Removal Jefferson Parish-Equipment Rental Kenner Lafourche Parish School Board State of Maryland Anne Arundel County St.Mary's County Caroline County State of Maryland Region A Frederick County State of Maryland Region B Harford County State of Maryland Region C Montgomery County State of Maryland Region D Prince George County State of Maryland Region E Queen Anne's County State of Harrison Mississippi Jackson County Jones County D'Ibervilie State of Missouri MODOT State of New York Olive State of North Burgaw Pamlico County(2) Carolina Buncombe County Pender County Havelock Southern Shores Lilesville . Topsail Beach Nags Head New Hanover County(2) N.C.D.O.T.-pre-qualified State of Oklahoma Norman State of Rhode State of Rhode Island(2) —' Island State of South Bamberg County Oconee County Carolina Beaufort South Carolina DOT- Charleston County prequalified Clarendon County Town of Surfside Beach Dorchester County Pickens County State of Tennessee Jackson-Madison County Knox County Nashville-Davidson County State of Texas Beaumont Oyster Creek Bellaire Port Aransas Chambers County Port Arthur Corpus Christi Port Neches El Lago Port of Galveston Galveston(City of) Shenandoah Galveston County South Houston Garland Taylor Lake Village Groves Texas DOT-prequalified Harris County Texas GLO-Debris Removal Page 31 The DRC Group Han-is County Department of Education Texas GLO-Oil/Gas Platform Harris County Flood District Removal Services Houston Houston—Galveston Area Council Humble Jamaica Beach Jefferson County Jefferson County Drainage District No. 7 Kemah Lake Jackson Morgan's Point State of Virginia Central Virginia Waste Management Authority Manassas Park Prince William County Richmond THE Enterprises Hampton Roads Area Virginia Department of Emergency Management- Logistics Virginia Department of Emergency Management- Debris VDOT Pre-Qualified State of State of Washington Seattle Washington Revised as of 03/19/12 AVAILABLE EQUIPMENT The DRC GROUP (DRC), which includes DRC Emergency Services, DRC, Inc, Equipment Leasing (EQL), and associated and affiliated companies and subcontractors, owns substantial trucks and specialized pieces of heavy equipment, attachments and support equipment specifically designed for emergency response. DRC owns dozens of cellular and radio telephones for use in an emergency. DRC ES, DRC and/or their subcontractors have national priority contracts with multiple national equipment leasing companies and subcontractors and/or independent contractors through which hundreds of trucks and/or pieces of heavy loading equipment are available to supplement DRC's and/or the subcontractor's fleets. In summary, DRC ES is capable of mobilizing all of the listed equipment and more, as needed, to meet the clearing requirements of a Notice to Proceed. The following is a listing of equipment owned by the DRC Group and equipment pment owned by Cahaba Disaster Recovery (a subcontractor). 300-Trucks General Information Owner Year Make Model - Description _ Serial# Tag# _ 2006 AL EQL Ford 1-650 4x2 Kitchen Tractor 3FRNW65R16V255189 2X350323 _ EQL 2010 _ Hyundai H100#317 _ H 100 Lorry LORRY KMFZBX7BAAU597392 Page 32 The DRC Group EQL 2006 Hyundai H100 H 100 Lorry LORRY KMFZBX7BAAU594809 2011 AL- EQL Ford 1750 Truck 3FRPX7FA8BV586561 2X252440 _ 2011 AL- EQL Ford F750 Truck 3FRPX7FAXBV586562 2X211477 EQL 2011 Ford 1750 Truck 3FRPX7FA1BV586563 AL252441 2011 AL- EQL Ford F750 Truck 3FRPX7FA3BV586564 _2X211474 2011 AL EQL _ Ford _ F750 _ Truck 3FRPX7FASBV586565 _ 2X211478 2011 AL- EQL Ford F750 Truck 3FRPX7FA7BV586566 2X211476 1996 AL DRC - GMC TopKick 18'DumpTruck 1GDJ7H1J3TJ509970 2AP705178 1986 AL DRC International Vacuum Truck Vacuum Truck-HiRail _ 2HTNFHYNOGCB12051 2X350317 1994 AL DRC International 4900 4x2 Box Storage 1HTSDAAM1RH593325 2X250707 2000 LA DRC Volvo VNL64T Tractor 4V4ND3JJ8YN241360 P122559 Knuckleboom Self- AL EQL 2003 Kenworth Tandem 1800 Loader 1NKDLU0X83J392848 2AP757256 Knuckleboom Self- AL EQL 2006 Peterbilt 379 TM Loader 1NPSLBOX26N896831 2AP757259 2006 Knuckleboom Self- AL EQL Kenworth W900 Loader - 1NKWLBOX96J143881 2AP757260 2006 Knuckleboom Self- AL EQL Kenworth W900 Loader 1NKWLBOX26J143883 2AP757250 2012 AL EQL Kenworth _ W900 Tractor 1XKWP4TX4CJ327560 2AP770597_ 500-Trailers General Information Owner Year Make Model Description _ Serial fl _ Tag U LAFLND 1982 Polar American 40' Storage Van 1873 None _ 1997 AL DRC Trail King 501 24'Lowboy Trailer 1TKCO242XVG039030 2TR52563 1999 AL DRC Haulmark (51085 10' Enclosed Cargo 4XSCB1018XG009863 2UT06984 2000 LA DRC Featherlite 5'X10'X53' Command Center 4 FG-L0532-3-YCO28239 E487851 2000 AL DRC Wallace 30 Ton 46'Lowboy DLBT5031000000125 21R52562 _ 2001 AL DRC Viking 40 Ton 46'Lowboy 1V9CR46321N062452 _ 2TR52561 DRC 1998 Long 700JBJ 15'Boat Trailer 1LGAMAM1XW1D05046 2001 AL DRC Express UTIL 08 L5X8 Encl Cargo Trailer 4X4TSE2131U301974 2UT06982 _ 2005 AL DRC Port City Trailers 7x12 SDTA 12'Utility Trailer 4PCU2122751000030 2UT06983 2002 AL EQL Iron Dog 18'X 8' 18'Utility/Car Trailer 5FELS18272C006881 2TR13261 2005 AL EQL Fleetwood Pace Arrow 36D Motorhome 5B4MP67G053402664 _ 2R450116 - 2006 AL LAFLND Dream Coach 7403 Trailer 1D9HG19256P397243 21R52552 AL EQL 2005 Host HSTA3800T 48'Boat/Car Hauler 1H9SGWL324W138115 21813266 _ 2007 AL EQL _ Carry-On 6x12 Cargo Trailer Cargo Trailer 4YMCL12197G066383 2TR13264 Page 33 The DRC Group 2002 AL EQL Haulmark WT-L-BHP 6280 Kitchen Trailer 4XSG540362G041778 2TR52559 2007 AL EQL Econline DP2425DA Debris Dump Trailer 42EDPKV2971000240 21R13268 2007 AL EQL Haulmark TL _GRG85X32W Lg.Cargo Trailer 16HG532267G091896 2TR13260 1997 AL EQL Dutchman Classic(5th Wheel) 32'Travel Trailer 47CT20P28V1078556 2TL395A8 2007 AL EQL Lone Wolf U818H 18'Utility/Car Trailer 4P7U818277F019638 2TR13267 2009 AL EQL Magic Tilt TCA2452W Boat Trailer 1M5BA242991E49649 2UT02635 AL EQL 2009 Port City 24'Custom Trailer Prison Trailer 4PCCU242191000016 2TR13265 2005 AL EQL Beach 18 Ft. Dump Trailer 4XWDP18215N708220 _ 2TR52556 EQL 2005 Interstate _ Pintle Hitch 25 ft. Debris Dump Trailer 1JKDLA404SM005682 MS87735T 2004 AL EQL Interstate Pintle Hitch 25 ft. Debris Dump Trailer 1JKDLA4024M005162 2TR13263 2005 AL EQL Econo Pintle Hitch 25 ft. Debris Dump Trailer 42EDPKT2X51000358 2TR13270 EQL 2005 Interstate Pintle Hitch 25 ft. Debris Dump Trailer MS44480T EQL 2010 Sport Trail With Asset 1422 Boat Trailer 1S9BB3832AW542905 EQL Top Hat EH2OX7-14E-F 20' Utility/Car Trailer 4R7BU2022BT110787 Ark. Cahaba EZ Haul 3 Car Hauler UTL PT60483 Ark. EQL Cargo @Wally-Mo 3 Car Hauler 1WHR4820SH157988 PT60482 EQL Utility Trailer 18'Double Axle Flatbed Utility Trailer ;; 2012 T(4)DW-555A-HRG- Applied EQL Talbert 1(EC3/1) Semi Trailer,Drop Deck 40FSK5232C1031642 For 2012 4th Drop Axle w/Axle Applied EQL , _ Talbert Axle Attachment Extension 40FAK0518C1031878 For 700-Heavy Equipment General information Owner Year Make Model Description _ Serial# Tag# DRC 1992 Ford 406712 655C R/T Back Hoe AB06712 Backhoe _ �d"� DRC 1997 Volvo J L90C Wheel Loader L90CV62681 Loader +� EQL 2004 Prentice 120 E-TS Knuckleboom Knuckleboom PR59351 CDR Caterpillar D6R11XW Track-Type Tractor AEP00185 CD CDR USED Caterpillar 936E Wheel Loader 8AJ00249 CDR USED Caterpillar 950G Wheel Loader 3JW01557 CDR USED Caterpillar 966G Wheel Loader 3SW00540 CD ' CDR USED Caterpillar 938G Wheel Loader _6WS01225 CDR 2004 Caterpillar 315CL Excavator CATO315CHCJCO1004 CDR Caterpillar 318CL Excavator MDY00240 CDR 2002 Caterpillar TH63 Telehandler 5WM07638 CDR John Deere 240SS Skid Steer KV02408440986 CDR Caterpillar D6H Track-Type Tractor 6FC0624 CDR 2005 Caterpillar 525B Wheel Skidder(Logging) _3KZ01615 CDR 2003 Caterpillar D6R11XW Track-Type Tractor _AEP00183 USED Wheel Loader-4k a CDR Caterpillar 966G month 35W00469 Page 34 The DRC Group CDR 1988 John Deere JD5205 4WD Tractor LV5205C721215 CDR 2006 Vermeer SC60TX Stump Cutter w/trailer 528 CDR Caterpillar 287B Skid Steer ZSA02843 ^ CDR USED Caterpillar 330DL Excavator-9k a month B6H00267 CDR USED Caterpillar 330DL Excavator-9k a month NBD00401 CDR 2006 Caterpillar 345CL Excavator-12k a month PJW01322 CDR USED Caterpillar 04 LGP Track-Type Tractor 0FDC00482 CDR USED Caterpillar 04G LC Track-Type Tractor CATOOD4GCTLX00850 _ CDR USED Caterpillar 315CL Hyrda Excavator CAT0315CLOCJCO2999 CDR USED Caterpillar 315CL Hyrda Excavator CAT0315CLOCJCO1867 CDR USED Kobelco SK290 Excavator LB04U0487 CDR USED Case CX240 Excavator CAC241714#GR0213 CDR USED Kubota KX161-3 Excavator 32198#BKO185 _ CDR USED Kubota KX161-3 Excavator 31517#BK0155 CDR USED Caterpillar 315CL 0315CTGC04263 CDR USED Caterpillar 320C 0320CHEAG00222 CDR USED Caterpillar 320CL 032OCPPAB07195 - CDR USED Caterpillar D6M Dozer 041N02657 CDR USED John Deere 450LGP Dozer T0450JX131943 CDR USED Powerscreen Chieftain 1700 PID00129L77D00006 1200-Burners General Information Owner Year Make Model Description Serial# Tag# DRC 2001 Crochet Equip 2030 Ceramic Burner Ceramic 1300-Attachments General Information Owner Year Make Model Description Serial# Tag# DRC 1998 Bobcat Grapple Bucket 659902297 Grapple 1998 Rake w/Pdl Clip Volvo DRC Pemberton L7003LPR L70C 1422-3-1098L Grapple DRC 1997 Ford RJT Backhoe Bucket 4 in 1 Bucket 2191B Bucket _ DRC 1998 Pemberton OuickHitch Grapple Grapple MCC-746-3-1098L Grapple DRC Rockland LRL90 Loader Rake for Volvo N10254B Grapple DRC Volvo _ Forks _ 453-10185 i Forks 1400-Boats/Motors/Barges _ General Information , Owner Year Make Model Description _ Serial# _ Reg# DRC 2001 16'Lowe L1648SS 16'Jon Boat OMCL3126G001 DRC 2001 Johnson 125EVSI Outboard Motor 04886341 N/A DRC 2001 15'Sea Nymph 1542VVTS 15'Alum.Work Vessel 0MCL3128J798 AL7697ED 2001 Long Shaft Outboard DRC Johnson J25ELECE Motor 25hp 604424096 - DRC 2001 HONDA TRX450S 4 Wheeler AN 478TE220614205591 DRC 2004 HONDA TRX350FMA 4 Wheeler AN SN478TE250X44312403 2006 Clydesdale"Miss EQL Doris" Tugboat 25'3x14x5 "Miss Doris"-600 HP WB040MIF0606 N/A _ 2009 LA-9242- EQL 24'Sea Ark _ 24'Suzuki 175 Alum.Work Boat SOM328971.809 FW Page 35 I The DRC Group EQL 1974 Skimmer DIP 3001 Navy Oil Skimmer 1087-74-25R N/A 2011 Alum.Crew Pontoon EQL 38'Southbay Aluminum Boat FRU17885G011 CMS 1113 B, LLC Quarters Barge Barge 195'x55' QuartersBarge CMS-1113B N/A EQSL 2007 44'Gaudet 2x250 HP Yamaha 4 stroke Alum.Crew Boat RJGCM3711707 EQSL 2007 40'Gaudet 2x250 HP Yamaha 4 Stroke Alum.Crew Boat RJGCM364A707 2006 LA-9243 EQSL 24'Sea Ark 24'Suzuki 150 Alum.Work Boat S0M29357A606 FW 2009 LA-9244- EQSL 24'Sea Ark 24'Suzuki 175 Alum.Work Boat SOM32617H809 FW 2009 LA-924S- EQSL 24'Sea Ark 24'Suzuki 175 Alum.Work Boat S0M33008B909 _ FW 1976 LA-3134_ CDR 20'Monarch 20'350 Mericruiser Alum.Work Boat BN 1976 LA-7368- CDR 22'Monarch 22'350 Mericruiser Alum.Work Boat AU CDR 1970's 26'Monarch 26'Suzuki 200 four Stroke Alum.Work Boat EQL 2006 Inland Deck Barge -68 x 26 x 7 Barge @ Power Spuds CGB68017 Barge CDR 1993 FLZ 15' Airboat _FLZP9813F393 CDR 2000 PAP 18' Airboat PAP00028E200 CDR 2001 KENNER 19'Kenner 2001 Fiberglass _ KENCO2POK001 CDR 2003 SEA D00 Jet Ski ZZN253088303 _ CDR 2006 ALUMACRAFT 15'Crappie DLX Boat AC8Z5254E606 CDR 2007 SAILFISH 2660 CC YSIM0275J607 37'Custom Aluminum CDR Boat M1Z24299G00 35'Custom Aluminum CDR Boat ' CDR 2002 ALUMA TECH Aluma Tech Hull AON01029E102 CDR USED Tug Boat Baby Girl 1190564 Hull ID - CDR USED 68'X26'X7' Deck Barge CGB68017 CDR USED 80'X24'X5' Deck Barge Terry Lee ten= CDR 1996 50' SERV0202L596 Searay 5undancer DD06VF212729 CDR 2006 Clearwater Boat MUS21514C606 CDR POSEIDON 10'X40'Barge P118M CDR POSEIDON 10'X40'Barge P148M CD CDR POSEIDON 10'X40'Barge P172M 1500-Welders CD Year Owner Make Model Description Serial# Tag# DRC Miller Super s-32P Voltage Sensor I DRC 1998 Miller 255NT Bobcat Welder KH490245 1600-Fuel Equipment General Information Owner Year Make Model Description Serial# _ Tag# DRC 3000 GAL Tank 3,000 Gal.Tank EQL Fuel Pump Fuel Pump EQL Fuel Pump Fuel Pump Page 36 The DRC Group 1700-Portable Buildings&Containers General Information Owner Year Make Model Description Serial# Tag n Lafland 1984 Container 40' Container _ 152680 0 — Lafland 'Reefer Container 40' Container — EQL Container 20' Container TPX U 694049 EQL Container _ 20' Container From Kosovo EQL Container 40' Container EQL 2008 EZ Rigid Trailer EZR-8624 Off.Trailer 1E9BR241781434001 — EQL 2008 EZ Rigid Trailer EZR-8624 Off.Trailer 1E9BR241781434002 EQL Detention Unit 8x20x8'6" Portable Jail EQL 2006 Modular Units 5,888 Sq Ft. Portable Off.Trailer 3007 EQL 2006 Modular Units 3,120 sq ft. Portable Off.Trailer 3008 EQL 2010 Modular Office 20 Ft. Portable Off.Trailer 2010 13 Housing Units& EQL Modular Housing Camp Offices Each has a serial# EQL 11 Containers _ 8x40,1x20,2x10 Containers 2010 Portable Toilets& EQL 8 Containers Domican Republic Showers Built in 2010 2011 See#267- EQL Portable Jail 40' Portable Jail 40 ft.Portable Jails 2 x 7 man 272 2011 See#267- EQL Portable Jail 40' Portable Jail sleepers,one 6 man sleeper @ 272 2011 See#267- EQL Portable Jail 40' Portable Jail 2 man holding area,one with 272 2011 See#267- EQL Portable Jail 40' Portable Jail shower&toilet unit,and two 272 2011 See#267- EQL Portable Jail 40' Portable Jail day rooms-all stainless 272 2011 See#267- EQL Portable Jail 40' Portable Jail new in August,2011 272 DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping _ Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# J DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# r DRC L 2011 MOD Sleeping Camp MOD Sleeping _ Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping _ Each has a serial# - DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# — DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# Page 37 • The DRC Group DRC L 2011 Gym Camp Gym Each has a serial it DRC L 2011 Laundry Camp Laundry Each has a serial# DRC 1 2011 MOD Sleeping Camp MOD Sleeping r Each has a serial# DRC L 2011 MOD Sleeping Camp r MOD Sleeping _Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Sleeping Camp MOD Sleeping Each has a serial# DRC L 2011 MOD Gym Camp MOD Gym Each has a serial# 2011 DRC L MOD Laundry Camp MOD Laundry Each has a serial# DRC L 2011 Storage Bldg Camp Storage Bldg Each has a serial# 1800-Miscellaneous General information Owner Year Make Model Description - Serial# Tag# DRC 1997 John Bean Sprayer 300 gallon sprayer DRC 1997 John Bean Sprayer 1000 gallon sprayer DRC Air Compressor 11705 Air Compressor _ 5-13-897 DRC Speedaire 3J R79 Air Compressor DRC Bel Air 318VLO 66838 _ DRC 2000 NAPA 85-5000 Battery charger DRC Mosa 222 SRX 50 P-3 Generator/Welder r 2201399082 DRC Weber Robin EC08 Packer 995703 • DRC Motiri Air compressor 911161141 DRC 2000 MVP Floor Jack 2 1/2 ton floor jack None Ingersol Rand Gas DRC Air Comp. T30 Gas Air Compress. _ C913740 Speedaire Air DRC Compressor Air Compressor 032989L-078956 Dayton Battery DRC Charger JC-24011 Battery Charger r 24011 DRC Campbell Hausfield Electric Air compressor L11-15-2000-00439 DRC Walker Packer _ 2.7 Model Packer 50902744 BS604 DRC Honda GX160 Water Pump r 5.5 Engine_ DRC Alkota 2162AZ Power Washer 217555 Titan Rent Spray Plus Sprayer 313701698 C DRC Haiti Titan Rent Spray Plus Sprayer H 313701172 — EQL JIG SSV-10 Sissor Lift _ 130006650 N/A ° 2 x Marine Side Scan _ EQL Centurion Sea Scan Sonar 2001-01 D EQL Fleet _ Battery Charger _ 1JYU3 EQL 1993 Citation Citation II _ Jet Aircraft 905 DK EQL 2010 Portable Toilets 200 Portable Toilets EQL _ 2010 Portable Toilets 40+/-Portable Toilets EQL 2010 Vac Packages Trailerized 5 vacs-Air Compressors $32,500.00 each EQL 2010 Drum Vacs Reversible 14 Units $496.80 each DRC Haiti 2010 Bosch Electic 3 x Jack Hammers DRC Haiti 2010 DeWalt Electiric 1 x Jack Hammer • Page 38 The DRC Group DRC 2001 Dial Grade 12805-17 Pipe Laser DRC 2005 Bend-Pak Hydraulic Vehicle Lift 120018 DRC Haiti 2010 Level Level EQL Water Tank 100 Gallons Water Tank on Skids EQL 2010 Weir Large 1 X Oil Skimmer EQL 2010 Weir Small 5 X Oil Skimmer EQL 2010 Cahaba Thousands of Ft. Oil Boom EQL Boat Stands 37 Small Boat Stands N/A EQL Boat Stands 34 Large Boat Stands N/A DRC Haiti 2010 Mist Tools&FF&E 1900-Comms General Information Owner Year Make Model Description Serial# Tag# DRC Miscellaneous 50 Computers&Printers Electronics DRC 2010 Bell Howell Deluxe High Speed Scanner _ 2011 Surveying Software& DRC Agtec Grade Model Hardware DRC 2009 Agtec Earthworms 3D Take-off Software DRC Hess Heavy Bid Estimating Software 2000-Generators _ General Information Owner Year Make Model Description Serial# Tag# 12,660 EQL Terex Coleman CIRJ-25-SO _ Generator-25kw 8024232 hours Revised 4-12-12 EMPLOYMENT OF LOCAL AND MINORITY CONTRACTORS Local and Veteran Subcontractors EM Solutions USA, LLC www.ernsolutionsusa.com jim@emsolutionsusa.com ct @,ernsolutionsusa.com W:407-889-3783 F: 407-814-4153 Disabled Vet and Native American owned Sentry Barricades/Darryl Tally State 8A certified 820 Creative Drive, Suite 16 Lakeland Fl 33813 Phone: 407-509-5607 Fax: 863-680-9901 Email: dtally(sentrvgov.com or dtally( sentryb.com • Page 39 The DRC Group Local Subcontractor Resource Program DRC ES has implemented an aggressive and nationally recognized outreach program entitled, The DRC ES Local Subcontractor Resource Program. DRC ES reaches out to local, small, minority and women owned (SMWB'S) companies with a variety of tools. DRC ES is dedicated to working closely with local, minority and Women Business Enterprise's (M/WBE) small business representatives in contacting companies that are approved and certified by M/WBE as small, disadvantaged, minority, veteran and women owned businesses. DRC ES will make immediate contact with the Minority and Women Business Enterprise office to schedule an informational workshop for potential vendors and businesses. The workshops provide "hands on" technical assistance to companies ranging from individuals owning dump trucks and loading equipment to office supply companies and small printers wishing to provide goods and services. DRC ES is committed to ensuring that local companies are made aware of all potential contracting and partnership opportunities. In addition, due to the close nature to the federal funding provided by FEMA, The Congressional Delegation will be contacted and their staffs briefed on the program for their constituent companies. A direct mail program may be conducted in order to target potential companies and minority business organizations that are listed with the Office of Minority and Women Business Enterprise. The mailer will provide information as well as an 800 number for interested individuals and companies with bi-lingual assistance available when necessary. The development and implementation of this program is coordinated by Torn B. Combs. Mr. Combs, Director of Governmental Relations, has over 20 years' experience in SMWB development. Mr. Combs served as founder and Executive Director of The Bid Resource Center that was the nation's second and largest non-profit assisting SMWB'S in securing government contacts. Subsequently Mr. Combs served as Mayor Pro Tern and Congressional Chief of Staff and Director of the John Gray Institute developing SMWB programs across the state of Texas and the nation. The DRC ES Local Subcontractor Resource Program not only drastically improves small and minority business participation, but also shows the commitment of DRC ES to ensuring that the entire community has the opportunity to participate. The DRC ES technical ,_ assistance workshops not only assist companies with identifying potential contract opportunities, but also assist those interested with "teaming". This process matches MBE's/WBE's with other companies in order to strengthen their competitive position and package of goods and services offered. "Teaming" can greatly increase MBE/WBE participation because of the "strength in numbers"concept. DRC ES is committed to ensuring that any emergency response business activity is shared by the entire community. The DRC ES Local Subcontractor Resource Program is an innovative program that ensures minority participation is not just a goal but a reality. Page 40 The DRC Group AFFIRMATIVE ACTION/EQUAL OPPORTUNITY POLICY DRC is an equal employment opportunity employer. Employment decisions are based on merit and business need, and not on race, color, citizenship status, national origin, ancestry, gender, sexual orientation, age, religion, creed, physical or mental disability, marital status, veteran status, political affiliation, or any other factor protected by law. DRC complies with the law regarding reasonable accommodation for handicapped and disabled employees. DRC's Managing Director has issued the following policy: DRC is an Equal Opportunity Employer and recognizes the value of hiring a diverse group. Due to the nature of our work and the fact that we provide services worldwide, we find it necessary and advantageous to employ a number of persons from various countries who are of different races, religions and ethnic groups. Although our permanent work force is less than 50 employees, it is composed of a diverse population of men and women. In addition, we believe work force diversity provides a significant market advantage. It is the policy of DRC to comply with all the relevant and applicable provisions of the Americans with Disabilities Act (ADA). DRC will not discriminate against any qualified employee or job applicant with respect to any terms, privileges, or conditions of employment because of a person's physical or mental disability. DRC will also make reasonable accommodation wherever necessary for all employees or applicants with disabilities, provided that the individual is otherwise qualified to safely perform the essential duties and assignments connected with the job and provided that any accommodations made do not impose an undue hardship on DRC. Equal employment opportunity notices are posted as required by law. Management is primarily responsible for.seeing that DRC's equal employment opportunity policies are implemented, but all members of the staff share in the responsibility for assuring that by their personal actions the policies are effective and apply uniformly to everyone. Any employee, including managers, involved in discriminatory practices will be subject to termination. Page 41 it<c CD CD EMERGENCY 'SERVICES DRC Emergency Services,LLC 740 Museum Drive o Mobile,AL 36608 1-888-721-4372 0 1-251-343-3581 o FAX 1-251-343-5.554 KEY PERSONNEL QUALIFICATIONS AND EXPERIENCE Key personnel of DRC Emergency Services, LLC (DRC ES) and the DRC family of affiliated and associated companies, which includes DRC Pacific, subcontractors, contract reservists and associate personnel, have been involved in hurricane emergency responses for many years, since as early as 1961. For the past 22 years, the DRC team has responded to major natural or man- made disasters occurring within the continental United States and its territories, in theatres of U.S.-led troop operations, and in Central America. The DRC personnel are trained, motivated and available for immediate deployment in an emergency response. Personnel are N.I.M.S- certified and/or have specialized training in safety and asbestos management and are equipped with utility vehicles, digital, handheld, multi-state, two-way radios, cellular communications, and handheld computers. DRC personnel will have the experience and/or training to respond immediately to disasters and are provided with a DRC ES supervisor handbook including required reports and forms for successful disaster response and management thereof. Regional Managers are assigned to specific geographic locations throughout the United States to assist, monitor and lead the project teams in response to emergency situations. Regional Managers from one region may be assigned to support other Regional Managers as needed and all Regional Managers may be/Mobilized to one location to support emergency situations. Professional Recognition DRC ES and its affiliates are leaders in the field of disaster management and emergency recovery. DRC ES and affiliate employees, subcontractors, associates, and contract reservist personnel have specialized training for emergency management and/or have attended multiple industry seminars and conferences. DRC ES, its subcontractors, and/or personnel list among their accomplishments, membership in many professional organizations including NEMA, APWA, SWANA and the Society of American Military Engineers. DRC and/or its' affiliates, associates and/or subcontractors are licensed General Contractors in the states in which DRC performs disaster response services. DRC ES is familiar with USACE,FEMA, and FHWA rules and regulations, the Stafford Act, and 44CFR as they pertain to emergency response, recovery and reimbursement. Senior Management Robert J. Isakson is the Managing Director and largest shareholder of The DRC Group (DRC), comprised of a number of specialized U. S. and International companies which provide construction, logistics, marine and disaster services worldwide. DRC provides emergency logistics, reconstruction, debris management and removal, reduction, landfill management, incineration, tree trimming and arborist services, marine salvage and reconstruction, recycling, 1 The DRC Group underground utility construction and debris removal, heavy construction, levee repair, vertical construction and hazardous waste removal, remediation and recycling services throughout the world. DRC also provides temporary housing, temporary and portable jails, life support, and explosive ordnance removal services. DRC has responded to numerous wars, insurrections, (including recent contracts in war-torn Kuwait, Somalia, Kosovo, and Iraq) hurricanes, earthquakes, tornadoes, typhoons, floods, fires, and ice storms since its inception in 1989. DRC is currently listed in the top 100 ENR Specialty Contractors for 2009 and has worked up to forty-three (43) separate, simultaneous major disaster projects simultaneously throughout multiple states and throughout the world. In two virtually simultaneous recent disasters, DRC opened approximately sixty-five (65) permitted Debris Management Sites within a few days in two states over some 40 plus counties and parishes, and has successfully closed each DMS and permit as the need for it dissipates. DRC maintains over 250 reserve contracts with various cities, counties, parishes, government agencies and states for immediate response to natural and man-made disasters should they occur. Mr. Isakson is a Director of the Claridge Group, a licensed real estate brokerage firm, formed in 1986. Previously, Mr. Isakson was a Special Agent with the Federal Bureau of Investigation of the United States for ten years, serving as a Supervisor in charge of "white- collar" crime and political corruption within the State of Louisiana. He is also one of the founders of Al-Ayoub Marr Bell Trading and Contracting, W.L.L., a construction and life support service company founded in Kuwait, and directed its international operations from its inception. Mr. Isakson has served on the Board of Directors and as the Managing Director of MANGO Recruiters International, a worldwide manpower recruitment firm registered and headquartered in Delhi, India and on the Board of Directors of New Gurkhas International, Kathmandu, Nepal. He has worked and traveled throughout over 131 countries and territories on six continents, lived for a number of years in the Arabian Peninsula, India, and Africa and is intimately familiar with international corporate and business development, finance, landfill management,recycling, hazardous waste remediation and removal, and civil construction. Mr. Isakson is also the Managing Director of the DRC Foundation, a charitable endeavor involved in the welfare and educational advancement of children throughout the United States and the world. The DRC Foundation has provided dozens of high school and college scholarships for needy children, thousands of bicycles for children at Christmas and provides housing and support for needy children and families with children, especially for those families involved in Emergency Management or the victims of natural or man-made disasters. The DRC Foundation is currently involved in providing emergency housing and classroom facilities to victims of the numerous Hurricanes that struck the Republic of Haiti recently. Mr. Isakson is a founding Member of the Board of Directors of Children's Chance for Tomorrow, a modern and all-encompassing orphanage on a remote island in the Philippines. Mr. Isakson was also a founding Member of the Board of Directors of the Disaster Contractors Association which is comprised of various large Disaster Contractors who have joined together in this industry group to further the professional and business interests of the members. Mr. Isakson holds a B.B.A. in accounting from Lamar University in Beaumont, Texas and is graduate of the FBI Academy, Quantico, Virginia. Page 2 The DRC Group Thomas M. Marr, Sr. is Member of DRC ES. Mr. Man is one of the founders of DRC. Inc. and has directed overall operations and management since inception. Mr. Marr is the former Assistant Attorney General for the State of Alabama, and was a Member of the State of Alabama Legislature and served on the State of Alabama Constitutional Committee. Mr. Man also served as President and Chairman of the Board of Deposit National Bank of Mobile and Director of Compass Bank of Mobile. Mr. Mari holds a degree in civil engineering and is a practicing attorney licensed in the State of Alabama since 1957. Mark Stafford is Chief Operating Officer of DRC ES. Mr. Stafford has many years of experience in disaster and commercial and industrial waste management and has participated in recovery following ice storms and hurricanes throughout the Southeast. He has overseen and operated landfills, recycling operations, and transportation companies exceeding $200 million in annual revenues. He has managed teams of over 1100 staff serving business, industry, and municipalities. Previous to joining DRC, he was the President and Regional Director of Allied Waste for the State of Louisiana. He also worked in an executive capacity for Waste Management. He handles the day to day operations and marketing for DRC Emergency Services. Mr. Stafford earned a B. S. in business from the University of Louisiana Lafayette. Regional Managers Kristy Fuentes is the Regional Manager for Louisiana and Mississippi. Ms. Fuentes has extensive experience in program management, disaster and demolition contracting, and regulatory compliance. Since joining DRC in 2005, Ms. Fuentes has managed DRC's regional Louisiana office by providing management and oversight for all Louisiana projects. Following Hurricane Katrina, Ms. Fuentes managed expansive projects for the Orleans Levee Board, St. Bernard Parish, and the United States Corps of Engineers. Ms. Fuentes has served as program manager for four contracts with the Louisiana Department of. Environmental Quality, including the "Katrina Car and Vessel" contract. She is currently the Program Manager for DRC's third massive demolition project in the City of New Orleans. Following Hurricane Gustav, Ms. Fuentes managed nine major disaster-response contracts across southern Louisiana with a cumulative contract value of over thirty million dollars. In response to the BP MC 232 oil spill, Ms. Fuentes played a key role in the clean-up of lower Jefferson, Terrebonne and Plaquemines Parishes thru the employment and management of hundreds of local residents and vessels. By implementing revolutionary methods and clean-up techniques, Ms. Fuentes assisted in the restoration of those communities most drastically affected by the disaster. Prior to joining DRC Emergency Services, Ms. Fuentes was a manager for Lash Homes, Inc. before owning a small business ended by Hurricane Katrina. Tony Swain is Regional Manager for North and South Carolina. Mr. Swain came to DRC after 3 years as a Project Manager for Cahaba Disaster Recovery. During which time he oversaw the demolition of hundreds of houses in Orleans Parish, LA. Along with Debris Removal projects in Springfield, MO., Green County, MO. and Amherst,NY.. Previously he spent 12 years as Senior Project Manager and Procurement and Contracts Administrator for an Emergency Services Page 3 The DRC Group Company in Florida. He was responsible for providing sub-contractors for 46 separate contracts and 55 TDSRSs in the 2004 hurricane season involving hurricanes: Charlie, Frances, Ivan, and Jeanne. In 2005 he performed the same tasks for 21 separate contracts and was the Project Manager for the City of Miami in the aftermath of hurricanes: Katrina and Wilma. Mr. Swain has an extensive Managerial and Sales background. Tom B. Combs is Vice President of Governmental Affairs, Regional Manager for Texas and Oklahoma, and Emergency Housing Coordinator. Mr. Combs joined the DRC team on a consulting basis in 2002 and brings over 25 years in "hands-on" housing experience. Previously, he spent over 10 years in public office as City Councilman and Mayor Pro-tem for The City of Beaumont, Texas. In that capacity he served as liaison to the Beaumont Housing Authority and as President of the Innovative Housing Corporation. He also held the position of Homeless Programs and AIDS Housing Coordinator for the City of Houston. In this position he directly supervised, coordinated and monitored over 30 million dollars in temporary, transitional, and permanent housing construction and operations contracts. Additionally, Mr. Combs served as District Director and Chief of Staff for two members of Congress where he personally directed all housing related activities and serves as liaison between the congressmen, the cities, and the Department of Housing and Urban Development. He has extensive experience in minority, women, and disadvantaged contractor outreach programs. Mr. Combs has also owned his own firm, Tom Combs & Associates, which specialized in local, state, and federal contract negotiations. Mr. Combs lives and is headquartered in Houston, Texas. James D. Kelley, CEM serves as the Regional Manager for South Florida. Since coming to DRC 18 months ago, Mr. Kelley has responded to the Tornado outbreak of 2011 in Alabama and Joplin Missouri. His Emergency Management expertise helped prepare cities for the recovery process to include FEMA eligibility and procedures. Mr. Kelley was also deployed to Joplin Mo. where he performed over 1100 ROE (Right of Entry) inspections in Joplin which ensured the citizens a faster cleanup and recovery along with Co-Managing the Hazardous Materials cleanup for the city of Joplin. During Hurricane Irene in 2011 Mr. Kelley managed the Logistics Contract for the state of Virginia's Emergency Operation Center (EOC) under DRC's state contract. As the Florida Manager Mr. Kelley is responsible for developing exercise scenarios for government officials and to provide all FEMA training whether it is annual or reoccurring training. Mr. CD Kelley carne to DRC after five years with the Florida Department of Transportation (FDOT). During his time with FDOT Mr. Kelley oversaw several programs including the Reverse Lane Operations for the Governor's office during emergencies. He was also recognized by then CD Governor Jeb Bush has having one of the "benchmark "programs in the country for Mass Evacuation of Citizens. He is a proud Retiree from the United States Air Force (USAF). Serving over twenty years as a Security Specialist and Emergency Management Specialist, Mr. Kelley managed a variety of governmental programs, including emergency management, security, facilities, and planning. In addition, he successfully and efficiently managed a multitude of complex missions and tasks related to emergency response. These plans helped to mitigate the casualties and damages caused by hurricanes Charley, Frances, Ivan, and Jeanne. He has authored over a dozen publications and presentations on emergency management, has many different certifications from the Emergency Management Institute and the Federal Emergency Management Agency. Mr. Kelley holds a BA in Emergency Management, along with Page 4 The DRC Group certifications in Homeland Security, Hazrnat Operations and Incident Management, Mr. Kelley is an International Certified Emergency Manager. Emergency Management Dr. Walter Maestri is Emergency Management Consultant. Dr. Maestri served for over a decade as Director of Emergency Management for Jefferson Parish, Louisiana, playing a key role in preparation and evacuation planning for Louisiana's largest suburban parish. His expertise and experience have been utilized by federal and state emergency planners as well as nationwide news networks over the past ten years. Most recently, Dr. Maestri served the citizens of his parish and state with distinction during Hurricane Katrina and its aftermath, the nation's worst-ever natural disaster. He has authored over a dozen publications and presentations on emergency management, has ten different certifications from the Emergency Management Institute and the Federal Emergency Management Agency, and holds a bachelors degree from Spring Hill College in Mobile, as well as a doctorate from the University of Southern Mississippi. Government and Client Relations April R. Callaway is Regional Manager for North Florida and Senior Manager for Contracts. During the 2004 hurricane season, she assisted in managing the Pensacola and Perdido Key Beach sand remediation and restoration projects. Ms. Callaway has also managed the introduction, maintenance, extensions and renewals of all stand-by contracts for the States of Texas, Florida, Alabama, Mississippi, Louisiana, Texas, South Carolina, North Carolina, Georgia, Virginia, California, Washington, and Hawaii as well as maintaining customer/client relations. She has been in charge of developing, promoting, and marketing DRC through various functions and conferences throughout the United States. Ms. Callaway has been extensively involved in the research, development and response to proposals for the DRC family of companies. Previously, she was in charge of all commercial construction projects for Reynolds Contracting, a residential and commercial construction and remodeling firm. She also served as a consultant on import/export commodities in Naples, Italy. Ms. Callaway received her B.S. in Business Management from the University of Maryland University College of Europe in 2004. She is N.I.M.S. certified. Project Management and Operations Paul F. Persons, Jr. is the Senior Vice President of the DRC Group, an international disaster recovery firm that concentrates in the field of debris management, environmental remediation, demolition and recycling including the management of temporary landfills along with other related construction services. Born and raised in Mobile, Alabama, Mr. Persons graduated from Auburn University in 1998 with a Bachelors of Science in Building Science through the School of Architecture, Design and Construction with additional undergraduate studies in Economics. He serves on the Board of Directors for the South Alabama YMCA and CMU Church. Post graduate training in FEMA's online emergency management programs, environmental remediation, OSHA and various Page 5 The DRC Group constructions licenses. Mr. Persons is also an active member of the Disaster Recovery Contractors Association(DRCA)in Washington, DC. He has worked in many countries (Albania, Kosovo, Honduras, Haiti, Bahamas, Colombia and others) around the world, but primary throughout the United States and its territories. His career began as estimator and business development manager for DRC, primarily focused on federally funded projects for recovery, processing, recycling and disposal of waste generated by natural and man-made disasters. In 1999, he served as Safety Officer on a major mechanical infrastructure project in Latin America (Honduras) and worked overseas during the Kosovo Conflict as a project and account manager for DRC. Along with the debris management work, from 2000 to 2006 managed a U.S. Coast Guard facilities ID/IQ Contract with DRC throughout the mid-Atlantic states of North Carolina, Virginia, Maryland, Delaware, New Jersey, and New York. From 2003 to 2010, Mr. Persons served as Vice President of DRC in charge of disaster operations and business development. During that time period, he managed nearly $600 million dollars in recovery contracts, totaling nearly 25 million cubic yard of waste. Mr. Persons currently resides in Mobile, AL, but continues to work throughout the U.S. along with projects in Haiti, Honduras and South America. Lee Wilson is Senior Project Manager and one of the most trusted and respected managers at DRC. Mr. Wilson has forty years of extensive and invaluable experience in the civil construction industry. Mr. Wilson has for the last twenty years, acted extensively in the capacity as a project manager and estimator, building airports, interstates, state, city, county projects including water and sewer, storm drain, and large excavation projects. Mr. Wilson managed the Martin County, Florida project in 2004 for DRC which accounted for 1.1 million cubic yards of debris recovered and processed. Lee managed the demolition of 417 homes for the University of South Alabama, Mobile, Alabama. Within hours of the landfall of Hurricane Katrina Lee was on site in Louisiana leading the project in East Baton Rouge. Mr. Wilson is currently working on the Louisiana DOTD project and is responsible for the management of debris removal that encompasses thirteen parishes. Lee has directed the management of this project that accounts for CD the recovery of 2.2 million cubic yards of debris. Mr. Wilson has international project management experience that extends as far as Nogliki, Russia where he served as Civil Engineering Consultant to Exxon Mobil in the building of an airport, a project valued at $58 CD million. Lee was the Construction Manager that managed and directed the installation of water and sewer infrastructure for an entire country in Central America. Michael Cooney is a Regional Senior Project Manager for the DRC family of companies. As a Regional Senior Project Manager, he is responsible for managing multiple project managers during simultaneously occurring projects. Prior to joining DRC in 2006, Mr. Cooney owned and operated a civil construction firm and later was a partner in a luxury home construction and• remodeling business in Birmingham, Alabama. Since joining the DRC Group, Mr. Cooney has managed several large scale debris management projects and has worked extensively in the Marine Construction and Civil Construction operational side of DRC. In 2007, Mr. Cooney managed the demolition of thousands of damaged Hurricane Katrina homes in New Orleans. As Page 6 The DRC Group a project manager for the Plaquemines Parish Canals and Ditches contract, he oversaw the cleaning of sixty miles of marsh land and the removal of over five million cubic yards of debris. In 2010, he managed some 500 vessels in response to the BP MC252 Oil Spill and also managed the oversight for construction of multiple, multi-storied government buildings. Most recently, he has been responsible for the overall management of a number of the tornado recovery operations in North Alabama. These operations have included right of entry programs, vegetative and C&D programs, and hazardous waste recovery and recycling programs. Mr. Cooney attended at Auburn University in Auburn, Alabama and has participated in numerous disaster re-enactments and simulations with cities and counties throughout the United States. Contracts and Proposals Chuck Prieur is Senior Vice President. Mr. Prieur has worked extensively in East Baton Rouge, St. Tammany, St. Charles, and Plaquemines Parishes on the Hurricane Katrina Louisiana DOTD project and throughout Texas and Louisiana in recovery efforts for Hurricane's Ike and Gustay. Mr. Prieur started his own business in 1985, with the acquisition of a full service gas station. His business expanded to own and manage four stations. Mr. Prieur served as a liaison to Shell Oil on Dealer Related Issues as well as served as a consultant to Shell Oil for purposes of developing a new business model. He also owned and managed a full service financial services company for six years. He majored in accounting at the University of Louisiana- Lafayette and is certified in Asbestos Supervision and N.I.M.S. Casey McConnell is the Chief Estimator for DRC. Mr. McConnell has over 15 experience in the heavy and commercial construction industry. His experience includes heavy/highway and commercial construction projects ranging in size from less than $1,000,000 to over $100,000,000. He has held many positions in the construction industry, including estimator, chief estimator, project manager, and vice president (operations). Mr. McConnell has been involved in many large scale construction projects, with an emphasis on the demolition, civil, structural, and MEP trades. He has participated in several detention facility projects, including the additions to the Huntsville, AL city jail (2003). Mr. McConnell served as project coordinator for two construction and demolition projects in the New Orleans area, the City Park Tennis Center, and the New Orleans Strategic Demolition Project. Mr. McConnell is a graduate of the University of South Alabama. SUFFICIENT ACCESS TO PERSONNEL AND EQUIPMENT The DRC family of companies has implemented a comprehensive Corporate Level Advance Mobilization Plan to ensure a coordinated, expeditious and effective response to disasters by its personnel and resources. This plan has been utilized by DRC to respond quickly in the following contracts: 0 Subsequent to Hurricanes Ike and Gustav in 2008, DRC mobilized all necessary personnel and equipment to provide professional and efficient debris removal services to 36 separate contracts, including the cities of New Orleans, Houston, and Galveston. In Houston, DRC established industry benchmarks by accomplishing record single- day hauls for debris volume. DRC's work in these regions was nearly completed in Page 7 The DRC Group little over two months, having quickly restored these communities in the wake of these severe storms. O During the 2004-hurricane season DRC and/or its teaming partners provided emergency disaster recovery services to 37 separate government entities throughout the State of Florida and South Carolina, recovering nearly 10,000,000 cubic yards of debris. DRC and/or its subcontractors mobilized dozens of experienced project managers, superintendents, and foremen in addition to hundreds of experienced work crews. DRC was able to respond virtually immediately to each client's needs and provide sufficient resources to ensure completion of these recovery efforts in the allotted time, if not sooner. O In January 2000, in the aftermath of the Winter Ice Storm, DRC performed debris removal and landfill management services in North and South Carolina and Georgia. DRC and its subcontractors mobilized approximately hundreds of men and women and hundreds of pieces of heavy equipment and trucks in three (3) counties in Georgia and the Western half of North Carolina. Approximately 800,000 cubic yards of debris was removed and processed within approximately 90 days. O In 1999, in the aftermath of Hurricane Floyd, DRC and/or its subcontractors performed over a dozen, virtually simultaneous, contracts throughout Florida, and North and South Carolina and mobilized the majority of these contracts within 6 to 72 hours. These contracts included a 24-hour per day flood fight utilizing prison laborers and sandbags; constructing emergency levies in South Carolina to protect major infrastructures; hazardous waste and field containment in the flooded rivers in Lenoir County and the clean-up of polluted streams and rivers in the vicinity; debris removal; beach and sand renourislunent; dune walkovers; road repairs and landfill management. In Florida, DRC performed the removal of fish kills in freshwater lakes near the ocean and removal of sand that had clogged various storm water drainage systems. DRC and/or its subcontractors also performed demolition services on various homes in flood zones,and technical services for virtually all clients. CD MANAGEMENT STRUCTURE cD Responsibilities of key positions from Management to Field Supervisory Level for this proposal include: The Chief Operating Officer (C.O.O.) is positioned at DRC headquarters. The C.O.O. directs and supervises all operational aspects of DRC and team partners in response to a Task Order. The C.O.O. serves as the primary contact between DRC and the client for all contracts and other communication. Upon Task Order, the C.O.O. initiates all corporate plans in fulfillment of contract requirements and activates all relevant departments, team partner relationships, subcontract relationships, and reservists. The C.O.O. supervises and directs mobilization of national corporate resources in response to Task Order until all performance targets are met and serves as corporate "responsible party"until all obligations of the contract are fulfilled. Page 8 The DRC Group The Operations Manager (O.M.) is a member of DRC Senior Management assigned as principal liaison to the client for each operation. The Operations Manager will henceforth be on call and available to respond to the point of contact 24 hours a day, 7 days a week throughout the life of the Task Order. The DRC Operations Manager will have full electronic linkage to the client via cell phone, satellite phone, interne, and/or two-way radios. The O.M. will have responsibility for successful completion of a Task Order and is responsible to the client as well as the DRC C.O.O. DRC's Project/ Program Manager are responsible for overall management of day to day operations for a specific project. His duties primarily exist in the oversight of field operations although he serves as administrator of his supervisors and office personnel. All field supervisors, crew supervisors, QC managers, safety managers and site mangers report to the project manager throughout every day, 7 days per week. The project manager shall hold daily meetings with staff to discuss all debris mission issues at a central location that is also open to Lafayette Parish. Their duties also include the management of documentation and public relations for the specific project. The project Manager reports directly to the KO or the COR. All Field Supervisors will be assigned sectors or zones within a specific debris area to manage. They will be responsible for supervising the daily activities of the collection crews working to remove debris. Those subcontractors/ crews within the sector or zone are to report directly to DRC's field supervisor with any and all issues. If these issues require upper management decisions, then the supervisor is to report to the project manager immediately. The field supervisor communicates with the project manager at a minimum twice per day to update the project manager of the activity in their particular zone or sector. The field supervisor works "hand in hand" with the sector safety manager and quality control manager to ensure a safe and compliant operation in the field. He answers directly to the project manager but is instructed to take action if the safety or QC manager raises any safety concerns and has the authority to stop work. Daily and QC reporting is a primary and important function of the field supervisor; they are to fill out and submit daily reports to the project manager for all activities within that zone on a daily basis. Crew Supervisor will be responsible for individual or a group of crews working within a specific debris zone. Supervisors are tasked with directing the individual crews within the zones and their specific zone assignments and ensuring safe traffic control with the aid of the QC manager and Safety Manager. The crew supervisor handles all zone maps and sub-zone maps with individual crews. Subcontractors will be assigned zones and crews will subsequently be assigned sub zones; crew supervisors shall distribute these crew maps and manage their production and boundaries within these zones. Site Managers shall be assigned to each and every site located within any debris mission to include DMS, staging sites and final disposal sites. The Site Managers will oversee and direct all unloading, reduction, traffic control, inspection tower issues, site equipment and trucks. Site Managers report directly to the project manager, but also communicate with the crew and field supervisors. Page 9 CD Off CD E ERGENCY!`:.SERVICES DRC Emergency Services,LLC 500 South Australian Ave.Suite 600•West Palm Beach,FL 33401 Phone: (561)820-4877•Fax:(251)343-5554 FEE INFORMATION Not applicable for RFQ submission. • CD cro- CD CERTIFICATE OF PUBLIC ACCOUNTANT We have prepared the financial statement of DRC Emer enc Services LLC&Affiliates as of December 31, 2010. Our preparation was made in accordance with generally accepted auditing standards, and accordingly included such tests of the accounting records relating to the assets and liabilities and such other auditing procedure as we considered necessary in the circumstances. In our opinion, the accompanying financial statement presents fairly the financial position of DRC Emergency Services, LLC&Affiliates at December 31, 2010, in conformity with generally accepted accounting principles. The Company's consolidated Financial Statement does not include the Financial Statement of DRC Haiti, SA, an affiliate under common ownership in which the Company has a variable interest and is the primary beneficiary. In our opinion, the Company's consolidated Financial Statement should consolidate the Financial Statement of DRC Haiti, SA to conform with accounting principles generally accepted in the United States of America. The effects of this departure from generally accepted accounting principles on the financial position of DRC Emergency Services, LLC and Affiliates are not reasonably determinable. Richard Ko•elman Certified Public Accountant - �-� Signed: _ - Certificate No. 1%22 State of: Georgia Telephone No. 404.-898.8236 OR Signed: independent Licensed Public Accountant License No. State of: Date: 4/29/2011 Telephone No. In lieu of the above certification, an Accountant's Certificate may be attached indicating the financial statement was prepared by the accountant, showing the scope of audit, and any procedure omitted which would normally be required in accordance with generally accepted auditing standards. DRC EMERGENCY SERVICES, LLC AND AFFILIATES CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2010 2m CD DRC EMERGENCY SERVICES,LLC AND AFFILIATES TABLE OF CONTENTS PAGE Independent auditors' report 1 Consolidated financial statements: Consolidated balance sheet 2 Consolidated statement of income 3 Consolidated statement of members'equity(as restated) 4 Consolidated statement of cash flows 5 Notes to consolidated financial statements b- 17 Supplementary information Independent auditors'report on supplementary information 19 Consolidated schedule of direct cost of revenue 20 Consolidated schedule of general and administrative expenses 21 o NEE T A,4...w mbm Certified Public Accountants and Business Advisors INDEPENDENT AUDITORS'REPORT To the Board of Directors of DRC Emergency Services, LLC and Affiliates We have audited the accompanying consolidated balance sheet of DRC Emergency Services, LLC and Affiliates as of December 31, 2010, and the related consolidated statements of income, members'equity, and cash flows for the year then ended. These consolidated financial statements are the responsibility of the Company's management.Our responsibility is to express an opinion on these consolidated financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free of material misstatement.An audit includes examining,on a test basis, evidence supporting the amounts and disclosures in the consolidated financial statements.An audit also includes assessing the accounting principles used and significant estimates made by management,as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As more fully described in Note A to the consolidated financial statements, generally accepted accounting principles require the primary beneficiary of a variable interest entity to consolidate the variable interest entity in its financial statements. The Company's consolidated financial statements do not include the financial statements of DRC Haiti, SA,an affiliate under common ownership in which the Company has a variable interest and is the primary beneficiary. In our opinion, the Company's consolidated financial statements should consolidate the financial statements of DRC Haiti, SA to conform with accounting principles generally accepted in the United States of America. The effects of this departure from generally accepted accounting principles on the financial position, results of operations, and cash flows of DRC Emergency Services, LLC and Affiliates are not reasonably determinable. In our opinion, except for the effects of not including DRC Haiti, SA in the Company's consolidated financial statements, as discussed in the preceding paragraph, the consolidated financial statements referred to in the first paragraph present fairly, in all material respects, the financial position of DRC Emergency Services, LLC and CD Affiliates as of December 31, 2010, and the results of its operations and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. As described in Note K to the consolidated financial statements,certain errors resulting in the understatement of previously reported expenses as of December 31, 2009 were discovered by the management of the Company during the current year. Accordingly, an adjustment has been made to members'equity as of December 31,2009, to correct these errors. OfrIir 4)/airh ;i9 4)(414. I Atlanta, Georgia March 31,2011 Five Concourse Parkway E Suite 1000 ® Atlanta,Georgia 30328 404.892.9651 la www.hawcpa.com An Independent Member of Baker Tilly International DRC EMERGENCY SERVICES,LLC AND AFFILIATES CONSOLIDATED BALANCE SHEET DECEMBER 31, 2010 ASSETS Current assets Cash $ 1,795,906 Accounts receivable, net 68,278,373 Prepaid expenses 72,470 Total current assets 70,146,749 Property and equipment,net 10,871480 Other assets Accounts receivable-related party 11,662,423 Other receivables 3,920,728 Deposits 71,473 Total other assets 15,654,624 Total assets $. 96,672,853 LIABILITIES AND MEMBERS' EQUITY Current liabilities Accounts payable and accrued expenses $ 28,074,092 Line of credit 37,178,983 Current portion of notes payable 1,198,655 Total current liabilities 66,451,730 Long-term liabilities Notes payable, net of current portion 536,888 Members' equity 29,684,235 Total Iiabilities and members' equity $ 96,672,853 See auditors'report and accompanying notes -2- DRC EMERGENCY SERVICES,LLC AND AFFILIATES CONSOLIDATED STATEMENT OF INCOME FOR THE YEAR ENDED DECEMBER 31, 2010 Revenue $ 200,114,281 Direct cost of revenue 171,635,747 Gross profit 28,478,534 General and administrative 19,831,223 Income from operations 8,647,311 Other income (expense) Interest expense (2,735,047) Interest income 226,953 Gain on disposal of property and equipment 100,937 Total other income (expense) (2,407,157) CD Net income $, 6,240,154 See auditors' report and accompanying notes -3- DRC EMERGENCY SERVICES, LLC AND AFFILIATES CONSOLIDATED STATEMENT OF MEMBERS'EQUITY(AS RESTATED) FOR THE YEAR ENDED DECEMBER 31, 2010 Members'equity, beginning of year(as originally stated) $ 31,516,834 Restatement adjustments _ (7,510,253) Members'equity, beginning of year(as restated) 24,006,581 Distributions (562,500) Net income 6,240,154 Balance at December 31, 2010 $ 29,684,235 See auditors'report and accompanying notes -4- DRC EMERGENCY SERVICES, LLC AND AFFILIATES CONSOLIDATED STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2010 Increase(Decrease)In Cash Cash flows from operating activities Net income $ 6,240,154 Adjustments to reconcile net income to net cash used by operating activities: Depreciation and amortization 1,633,630 Gain on disposition of property and equipment (100,937) Change in operating assets and liabilities: Accounts receivable (32,264,804) Accounts receivable-related party (11,662,423) Other receivables (962,277) Prepaid expenses 66,749 Deposits (5,990) Accounts payable and accrued expenses 2.222,976 Total adjustments (41,023,076) Cash used by operating activities (34,782,922) Cash flows from investing activities Acquisition of property and equipment (2,619,156) Proceeds from disposition of property and equipment 476,746 Cash used by investing activities (2,143,010) Cash flows from financing activities Gross borrowings on line of credit Gross payments on line of credit 247,488,696 (210,409,713) Principal payments on notes payable Distributions (179,308) ff (534,375) CD Cash provided by financing activities 36.365,300 Net decrease in cash (560,632) Th Cash,beginning of the year 2,356,538 Cash,end of year S 1 795 906 SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for: Interest 5 2,57 6,297 SUPPLEMENTAL DISCLOSURE OF NON-CASH TRANSACTIONS The Company borrowed $397,796 in notes payable for the purchase of property and equipment during 2010. In addition, the Company accrued $28,125 in member distributions during the year. See auditors' report and accompanying notes -5- DRC EMERGENCY SERVICES, LLC AND AFFILIATES NOTES TO CONSOLIDATED FINANCIAL STATEIVIENTS DECEMBER 31, 2010 Note A Summary of Significant Accounting Policies Nature of Operations: DRC Emergency Services, LLC and Affiliates (DRCES), an Alabama a limited-liability company, was formed on September 12, 2001. Its primary business is debris removal, landfill management, and construction work associated with natural and man-made disaster areas, primarily in the southern United States but also throughout the world. Principles of Consolidation: The Company has evaluated its interest in affiliated companies and has determined that it has a variable interest in certain affiliates in which the Company is considered the primary beneficiary. Except as noted below regarding DRC Haiti, SA, the accompanying consolidated financial statements include the accounts of the following affiliates: DRC, Inc. (DRC), a South Carolina corporation, performs construction and disaster services throughout the world associated with natural and man-made disaster areas. • DRC Equipment Leasing, LLC (DRCEL), an Alabama a limited-liability company, leases aircraft, vehicles, and other equipment. ▪ DRC Logistics, Inc. (DRCL), a North Carolina corporation, constructs and operates international work camps. 4 DRC Blake Offshore Marine, Inc. (Blake), a Alabama corporation, maintains and operates an offshore crane. • DRC Marine LLC (Marine), a Alabama limited liability company, charters marine vessels. • DRC Pacific,.Ilnc. (Pacific), a California corporation, did not have operations in 2010. The above companies are collectively referred to as the "Company." All significant intercompany accounts and transactions have been eliminated. -6- DRC EMERGENCY SERVICES,LLC AND AFFILIATES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2010 Note A Summary of Significant Accounting Principles (Continued) Departure from Generally Accepted Accounting Principles: -GAAP requires the primary beneficiary of a variable interest entity to consolidate the operations of that variable interest entity. The Company has not complied with the provision of this accounting standard by not consolidating the accounts of DRC Haiti, SA or disclosing its size, purpose, nature of operations and activities. DRC Haiti, SA is substantially owned by the same members of the Company. The effect of noncompliance with this accounting standard on the consolidated financial statements has not been determined. Use of Estimates: 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 and liabilities at the date of the financial statement. Estimates are used for, but not limited to, the accounting for doubtful accounts, depreciation and amortization lives and methods, real and personal property taxes, accruals, and contingencies. Actual results could differ from these estimates. oncentration of Credit Risk Arisin: From Cash Deposits in Excess of Insured Limits: le Company maintains cash balances at various financial institutions. Accounts at each institution are -'' '""--insured by the Federal Deposit Insurance Corporation up to $250,000. At various times throughout the CDyear cash balances exceed the insured limits. The Company has not experienced any losses in such -accounts. The Company believes it is not exposed to any significant risks on cash. Accounts Receivable: The Company extends credit to customers located primarily throughout North America based on the size of the customer, its payment history, and other factors. The Company generally does not require collateral to support customer receivables. The Company provides an allowance for doubtful accounts based upon a review of the outstanding accounts receivable, historical collection information and existing economic conditions. The Company determines if receivables are past due based on days outstanding, and amounts are written off when determined to be uncollectible by management. The maximum accounting loss from the credit risk associated with accounts receivable is the amount of the receivable recorded, which is the face amount of the receivable, net of the allowance for doubtful accounts. Management has evaluated its accounts receivable and has recorded an allowance for doubtful accounts in the amount of$8,241,816 as of December 31, 2010. -7- DRC EMERGENCY SERVICES,LLC AND AFFILIATES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2010 Note A Summau of Significant Accounting Principles(Continued) Other. Receivables: Other receivables are carried at their estimated collectible amounts. Provisions for losses on other receivables are determined on the basis of loss experience, known and inherent risks, the estimated value of underlying collateral, and current economic conditions. Management has evaluated its other receivables and has not recorded an allowance for doubtful accounts as of December 31, 2010. Property and Equipment: Property and equipment are stated at cost. Expenditures for maintenance and repairs are expensed currently, while renewals and betterments that materially extend the life of an asset are capitalized. The cost of assets sold, retired, or otherwise disposed of, and the related allowance for depreciation are eliminated from the accounts, and any resulting gain or loss is recognized. Depreciation of property and equipment is provided using the straight-line method over the estimated useful lives of the assets, which are as follows: Airplane Vehicles 5 years Marine vessels 5 years 5-10 years Portable buildings 5 years Machinery and equipment 5-7 years Non-depreciable property and equipment Non-depreciable Leasehold improvements Lesser of estimated useful life or remaining life of the lease Computer equipment 3 years Impairment of Long-Lived Assets: Long-lived assets are reviewed for impairment whenever events or changes in circumstances indicate that the carrying amount of an asset may not be fully recoverable. Recoverability of assets to be held and used is measured by a comparison of the carrying amount of the assets to their fair value, which is normally determined through analysis of the future net cash flows expected to be generated by the assets. If such assets are considered to be impaired, the impairment to be recognized is measured by the amount that the carrying amount of the assets exceeds the fair value of the assets. Management has determined no impairment existed at December 31, 2010. -8- DRC EMERGENCY SERVICES,LLC AND AFFILIATES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2010 Note A Summary of Significant Accounting Principles (Continued) ' Revenue Recognition: Revenue is recognized when earned. The Company considers revenue earned when services have been provided and approved by the customer and col.lectibility is reasonably assured. The Company's contracts are on a time and materials basis. Income Taxes: The Company, with the consent of its members, has elected under the Internal Revenue Code and similar state statutes to be an S corporation. In lieu of federal corporate income taxes, the stockholders of an S corporation are taxed on their proportionate share of the Company's taxable income. Therefore, no provision for income taxes has been included in the consolidated financial statements. Due to a required change in the applicable accounting standards, the Company adopted a new recognition threshold for income tax benefits arising from uncertain income tax positions effective January 1, 2009. Upon adoption of the new standard and in all subsequent periods, a tax benefit arising from an uncertain tax position can only be recognized for financial reporting purposes if, and to the extent that, the position is more likely than not to be sustained in an audit by the applicable .1 taxing authority. Adoption of the new standard had no impact on our financial position or results of operations. The Company is no longer subject to income tax examination for calendar years prior to 2007. cD During 2010, the Company incurred state franchise tax expense to the State of Texas totaling approximately$915,000, which is included in general and administrative in the financial statements. Fair Value of Financial Instruments: The Company's financial instruments, including cash, accounts receivable, notes receivable, accounts payable, and accrued expenses and line of credit, are carried at cost, which approximates their fair value because of the short term nature of these assets and liabilities. The carrying value of long-term debt is carried at cost, and fair value is based on the instruments' interest rate, terms,maturity date and collateral. The Company's nonfinancial assets that it recognizes or discloses at fair value in its financial statements on a non-recurring basis include property and equipment. The fair value of these assets are evaluated with an annual impairment test. -9- DRC EMERGENCY SERVICES,LLC AND AFFILIATES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31,2010 Note B Collectibility of Accounts Receivable: The nature of the Company's business is such that accounts receivable may take more than one business cycle to collect due to the nature of the customers, which generally include federal, state and local agencies. The Company's general terms typically include 30 day payment terms and the Company considers open accounts receivable as current. The Company is currently under negotiations with its largest customer regarding disputes over the customer's outstanding accounts receivable. The dispute involves approximately 10% of the outstanding balance that is included in the reported accounts receivable balance as of December 31, 2010. The Company believes the entire balance has been earned and is fully collectible. Accounts receivable includes approximately $1,920,000, in unbilled amounts to this customer for services . performed during 2010. Note C Other Receivables: Other receivables consist of the following as of December 31, 2010: Amount Due from members $ 2,356,673 Due from affiliate 223,695 Due from employees 334,069 Due from subcontractors 601,576 Due from others 404,715 $, 3,920,728 -10- DRC EMERGENCY SERVICES,LLC AND AFFILIATES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2010 Note D Property and Equi ment: Property and equipment consist of the following as of December 31, 2010: Amount Airplane $ 3,042,172 Vehicles 3,134,090 Marine vessels 3,517,442 Portable buildings 3,405,602 Machinery and equipment 1,176,022 Non-depreciable property and equipment 3,309,829 Leasehold improvements 2,150,907 Computer equipment 590,370 20,326,434 Less accumulated depreciation (9454,954) $, 10,871,480 Note E Line of Credit The Company has a revolving line of credit agreement with a financial institution. The agreement provides for a revolving loan of $40,922,000. The balance outstanding on the line of credit as of December 31, 2010 was $37,178,983. The line of credit was repaid in full in February 2011. The line of CD credit balance is typically increased during peak times of the Company's business cycle, and is typically maintained at a balance of approximately $10,000,000 based on eligible outstanding receivables. The line is secured by the Company's outstanding accounts receivable that are aged less than 90 days and bears interest at LIBOR plus 3.00%, effectively 3.76% at December 31, 2010. The line of credit contains certain restrictive and financial covenants of which the Company was in compliance at December 31,2010. -11- 1 DRC EMERGENCY SERVICES, LLC AND AFFILIATES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31,2010 Note F Notes Payable Long-term debt comprised the following at December 31, 2010: Amount Notes payable to Chase Auto Finance with monthly installments of$849 each, including interest of 7.99% per annum until maturity in April 2013. Notes are secured by related vehicles. $ 53,562 Notes payable to Ford Motor Credit with monthly installments ranging from$586 to$1,262,including interest ranging from 2.90% to 8.99% per annum. Notes are secured by related vehicles with maturity dates ranging from September 2012 to November 2015. 369,916 Note payable to Compass Auto Loan with monthly installments of$1,091, including interest of 8.13%per annum until maturity in January 2014. Note is secured by related vehicle. 35,581 Note payable to Lexus Financial with monthly installments of$1,432, including interest of 6.09%per annum until maturity in January 2014. Note is secured by related vehicle. 59,820 Note payable to Bank of America with monthly installments of$923, including interest of 7.31.%per annum until maturity in January 2014. Note is secured by related vehicle. 28,195 Note payable to GMAC with monthly installments of $1,622, including interest of 2.90%per annum until maturity in December. 2015. Note is secured by related vehicle. 73,424 Note payable to Jaguar Financial Group with monthly installments of$1,237, including interest of 6.54% per annum until maturity in January 2016. Note is secured by related vehicle. 63,000 -12- DRC EMERGENCY SERVICES, LLC AND AFFILIATES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2010 Note F Notes Payable(Continued) Amount Note payable to Land Rover Financial Group with monthly installments of$1,442, including interest of 9.14%per annum until maturity in July 2015. Note is secured by related vehicle. 64,627 Non-interest bearing demand notes payable to members of DRCES. 987,4]8 1,735,543 Less:current portion of long-term debt (1,198,655) $, 536,888 Aggregate future principal payments are as follows at December 31, 2010: Year Ending December 31, Amount 2011 2012 $ 1,1 98,655 215,022 2013 150,469 2014 108,093 2015 CD 62,073 CD Thereafter 1,231 $ 1,735,543 Note G Commitments and Contingencies Litigation: The Company is a party to various claims and legal proceedings at various times. If the Company believes that a loss arising from any of these matters is probable and can be reasonably estimated, the loss is recorded. No reserve for potential losses has been recorded as of December 31, 2010. As additional information becomes available, any potential liability is assessed and the loss estimates are revised as needed. No provision has been made in the Company's financial statements for amounts that will potentially be collected or paid as a result of litigation because the amounts cannot be estimated at this time, nor is collection assured. -13- DRC EMERGENCY SERVICES, LLC AND AFFILIATES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2010 Note G Commitments and Contingencies (Continued) Operating Leases: The Company leases equipment under noncanceJable operating lease agreement which expires in 2015. At December 31, 2010, future minimum Iease payments under noncancelable operating leases were as follows: Year Ending December 31, Amount 2011 $ 5,232 2012 5,232 2013 5,232 2014 5,232 2015 436 $ 21 364 Rent expense under these agreements totaled approximately $4,800 for the year ended December 31, 2010. Note H Employee Retirement Plans The Company sponsors an employee retirement plan known as the DRC 401(k) Retirement Plan ("Plan"). Under the PIan, employees meeting specific age and service requirements may participate in the plan. Employees may contribute up to 15% of their compensation as defined in the Plan. The Company matches employee contributions up to a maximum of 50%of the participant's salary deferral, limited to 6% of the employee's salary. Additionally, the Sponsor may make a discretionary contribution to the Plan. Matching contributions were $65,125 by the Company for the year ended December 31, 2010. -14- DRC EMERGENCY SERVICES, LLC AND AFFILIATES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31,2010 Note I Concentrations Significant Vendor: A significant vendor is defined as a vendor from which the company derives at least 10% of its total purchases. In 2007, the Company entered into a Master Subcontract Agreement with a subcontractor. The agreement includes terms of subcontractor pricing and allocation of job profits, as defined. The subcontractor also Ieases certain office space from an affiliate of the Company with common owners. For the year ended December 31, 2010, the Company had purchases of the subcontractor's services totaling approximately 10% of the Company's annual purchases. The accounts payable balance included approximately $1 3,450,000 to this vendor at December 31,2010. Significant Customer: A significant customer is defined as one from whom at least 10% of annual revenue is derived. The Company had sales to one customer totaling approximately 81%of annual revenues for the year ended December 31, 2010. The accounts receivable balance included approximately $58,700,000 from the customer at December 31, 2010. Note Related Party Transactions Accounts Receivable: Accounts receivable - related party represents intercompany advances to an affiliate under common cp ownership. t December 31, 2010, the balance due from this affiliate was- � as a.ppr.oximately $11,660,000 related to operational cash advances and transfer of fixed assets. cp Other Receivables: During 2010, the Company advanced approximately $219,000 to members. Advances to member totaled $2,356,673 at December 31, 2010 and is included in other receivables in the accompanying consolidated balance sheet. The Company advanced approximately $335,000 to an employee who is also a relative of a member. These advances are included in other receivables in the accompanying consolidated balance sheet. Other receivables includes $224,000 due from an affiliate with common ownership, in which the Company also leases certain office space. -15- DRC EMERGENCY SERVICES, LLC AND AFFILIATES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2010 Note j Related Party Transactions (Continued) Property and Equipment: During 2010, the Company purchased non-depreciable property and equipment from a member for approximately $1,700,000, which represents the original cost plus the cost of restoration and refurbishing, if any. Also during 2010, the Company sold non-depreciable property and equipment to the same member for. approximately $145,000, which represented the original cost plus the cost of restoration and refurbishing, if any. Accounts Payable and Accrued Expenses: Accounts payable and accrued expenses include$28,125 of accrued member distributions. • Notes Payable: Notes payable to members represents amounts due to certain members totaling approximately • „0 $987,000, which are due on demand. Guarantee Fees: Certain members guarantee portions of the Company borrowings, including the line of credit and contractor bonding. The members'received approximately$2,100,000 in exchange for these guarantees, which is included in interest expense for the year ended December 31, 2010. Guarantee fees of approximately$219,000 is included in accounts payable and accrued expenses as of December 31,2010. Leases: The Company leases certain office space and real estate from an affiliate with common ownership. Lease payments totaled approximately $539,000 in 2010. These payments are included in general and administrative expenses in the accompanying consolidated statement of income. -16- DRC EMERGENCY SERVICES, LLC AND AFFILIATES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31,2010 Note K Restatement Previously issued members equity for the year ended December 31, 2009 has been restated to reflect adjustments to interest expense for the understatement of guarantee fees paid to members and subcontractor expenses on certain completed contracts, and other direct expense. During 2010, the Company determined that they were not properly recording the guarantee fees related to the personal guarantee from certain members for the Company's debt and operational committals. The company also determined that the calculation of subcontractor expense on completed contracts was incorrect. The company also determined a member was owed other direct expense for services performed in foreign countries. The following table presents the effects of the above noted restatements: As Reported Orig As Restated Guarantee fees $ - $ 5,460,182 Subcontractor expenses - 1,920 573 Other direct expense - 129,498 Members equity ' 31,516,834 24,006,581 4Jote L subsequent Events The Company evaluated subsequent events through March 31, 2011, when these financial statements were available to be issued. Management is not aware of any significant events that occurred subsequent to the balance sheet date but prior to the filing of this report that would have an material Cimpact on the consolidated financial statements. -17- SUPPLEMENTARY INFORMATION 'l7 ��K Z ffi MEE Certified Public Accountants and Business Advisors INDEPENDENT AUDITORS'REPORT ON SUPPLEMENTARY INFORMATION To the Board of Directors of DRC Emergency Services, LLC and Affiliates We have audited the consolidated financial statements of DRC Emergency Services, LLC and Affiliates as of and for the year ended December 33, 2010, and our report thereon dated March 31, 2011, which expressed a qualified opinion on those consolidated financial statements, appears on page 1. Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The supplementary information contained in the following pages is presented for the purposes of additional analysis and is not a required part of the consolidated financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the consolidated financial statements. The information has been subjected to the auditing procedures applied in the audit of the consolidated financial statements and certain additional procedures, including comparing and reconciling such _information directly to the underlying accounting and other records used to prepare the consolidated financial statements or the consolidated financial statements themselves, and other additional procedures in accordance with auditing standards gener.aIly accepted in the United States of America. in our opinion, the information is fairly stated in all material respects in relation to the consolidated cp financial statements as a whole, 641 Alga /4' Atlanta, Georgia March 31, 2011 Five Concourse Parkway t Suite 1000 M Atlanta,Georgia 30328 104.892.9651 CZ www.hawcpa.com An Independent Member of Baker Tilly International DRC EMERGENCY SERVICES,LLC AND AFFILIATES CONSOLIDATED SCHEDULE OF DIRECT COST OF REVENUE DECEMBER 31, 2010 Equipment and subcontractor expense $ 121,868,717 Direct labor 41,379,707 Other direct expenses 8,387,323 $ 171,635,747 -20- DRC EMERGENCY SERVICES, LLC AND AFFILIATES CONSOLIDATED SCHEDULE OF GENERAL AND ADMINISTRATIVE EXPENSES DECEMBER 31,2010 Accounting fees $ 102,769 Advertising 76,851 Auto mileage and expenses 299,324 Bad debt expense 2,421,,516 Bank charges 77,905 Consulting fees 1,260,880 Depreciation and amortization expense . 1,683,630 Donations 136,287 Dues, subscriptions and publications 91,411 Employee benefits 666,763 Freight and postage 98,816 Insurance 2,393,919 Legal fees 626,192 Miscellaneous supplies and expenses 316,101 Office supplies and expenses 242,118 Payroll taxes 534,278 Rent 539,043 Repairs and maintenance 771,243 Retirement plan 65,125 Salaries and wages 4,391,035 Taxes and licenses 1,158,530 Telephone expenses 291,071 CD Temporary office services 411,267 Travel and subsistence 1,136,265 Utilities 3$904 $ 19,831.223 _21_ } 4 l EMERCiENCY 'SERVCES DRC Emergency Services,LLC 500 South Australian Ave.Suite 600•West Palm Beach, FL 33401 Phone: (561)820-4877•Fax: (251)343-5554 REFERENCES 2012 Floods—Debris Removal—Lafayette Consolidated Government, Louisiana 705 West University Avenue Lafayette, LA 70506 Tel: (337) 291-8034 or (337) 291-8509 POC: Patricia Broussard, Buyer or Terry Cordick, Associate Director of Public Works pdbroussard a.LafayetteLA.gov Project Team: DRC Performance Period: March 2012—Present Approximate fee for services: $442,240.00 Brief Description of Services: In March 201.2, DRC was contracted by Lafayette Consolidated Government to provide emergency debris removal services in response to flooding in the City of Lafayette, Lafayette Parish and the City of Carencro. Hurricane Ike Debris Management - City of Houston Address: 611 Walker Street, 12th Floor Houston, Texas 77002 Tel: 713-837-9103 Fax: (713) 837-9110 POC: Vic Ayres-Deputy Director or Harry Hayes - Director of Solid Waste SWDDirector@cityothouston.net Project Team: DRC Performance period: September 2008-2009 Approximate fee for services: $58,104,612.00 Brief description of project: Emergency hurricane debris clearing and removal for the City of Houston in the aftermath of Hurricane Ike. Quantity of debris removed: 5,035,439.18 total cubic yards Hurricane Gustav—Debris Removal—Tangipahoa Parish,Louisiana CD Address: 206 East Mulberry Street Amite, LA 70422 Tel: 985-748-3211 POC: Dawson Primes, Director of Homeland Security and Emergency Management Project Team: DRC Performance period: September 2008 - DRC is still under contract to provide emergency debris removal services Approximate fee for services: $2,780,902.26 Brief description of project: Emergency hurricane debris clearing and removal for Tangipahoa Parish in the aftermath of Hurricane Gustay. Hurricane Gustav—Debris Removal—Iberville Parish,Louisiana Address: 58050 Meriam Street Plaquemine, LA 70765-0389 Tel: 225-687-5190 Fax: 225-687-5277 POC: Brian Willis, Solid Waste Director Project Team: DRC Performance period: September 2008 -DRC is still under contract to provide emergency debris removal services Approximate fee for services: $3,368,184.69 Brief description of project: Emergency hurricane debris clearing and removal for Iberville Parish in the aftermath of Hurricane Gustay. Hurricane Gustav Debris Removal- Louisiana—Lafayette Consolidated Government Address: 705 W. University Ave. Lafayette, Louisiana 70506 Tel: 337-291-8502 Fax: (337) 291-5696 POC: Tom Carroll, Director of Public Works tcarroll@lafayettegov.com Location of project: Lafayette, LA Project Team: DRC Performance period: September—December 2008 Approximate fee for services: $4,506,624.12 Brief description of service: Debris removal in Lafayette in the aftermath of Hurricane Gustay. Quantity of debris removed: 276,038 cu yd Hurricane Katrina/Rita - Remediation and Disposal of Vehicles and Vessels - Louisiana Department of Environmental Quality 602 N. 5`b Street Baton Rouge, LA 70802 Tel: (225)219-3266 Fax: (225)219-3708 POC: John Rogers,Environmental Services Scientist John.rogers @la.gov Location of project: New Orleans and surrounding areas Project Team: DRC Performance period: June 2006—October 2007 Approximate fee for services: $15,000,000 Brief description of service: Hurricane Katrina Removal of Vehicles and Vessels, Vessel Recovery Quantity of debris removed: Removal/Recovery of approximately 10,640 vehicles, 761 vessels and 193 trailers Page 2 • Winter Ice Storm 2006 - Debris/Tree Removal -Town of Amherst,New York 1042 North Forest Road Williamsville,New York 14221 Tel: (716) 631-5990 POC: Robert Anderson, Superintendent of Highways randerson rr,amherst.nv.us Project Team: DRC Performance period: October 2006—December 2006 Approximate fee for services: $12,000,000 Brief description of service: DRC responded to Amherst, New York in the aftermath of the 2006 Winter Ice Storm "October Surprise". Quantity of debris removed: approximately 800,000 cubic yards of debris and 30,000 trees. Hurricane Wilma—Palm Beach County School District 3300 Summit Blvd. West Palm Beach, FL 33406 Phone 561.688.7598 FAX 561.687.7027 P.O.C. Stephen Backhus Email: backhuss@palmbeachschools.org Project Team: DRC Performance Period: 2005 —current vendor Approximate fee for services: $2,000,000.00 Brief Description of Services: DRC responded and managed the debris operations for the Palm Beach County School District after Hurricane Wilma. With a quick response DRC Emergency Services help recovery from this major event with speed and accuracy. The communication between DRC and School District personnel along with the credentials by DRC staff set the standard for other to follow. Hurricanes Dennis,Katrina, Rita, and Wilma-Debris Removal-Monroe County, Florida 1100 Simonton Street 2-216 Key West,Florida 33040 CD Tel: 305-295-4329; Fax: 305-295-4321 POC: Judy Clark, Director of Engineering Services Email: Clarke-Judith nmonroecounty-fl.cov Project Team: DRC Performance period: 2005-2006 Approximate fee for services: $15,000,000 Brief description of service: Clearance of hurricane generated debris following Hurricanes Dennis, Katrina, Rita, and Wilma. Hurricane Katrina-Louisiana Department of Transportation and Development Address: 3300 Mac Arthur Drive Alexandria, LA 71307 Tel: 225-379-1836 Fax: 225-379-1861 POC: Rhett A. Desselle- Assistant District 08 Administer of Operations • Page 3 Rhett.Dessellenla.gov Project Team: DRC Performance period: September 2005—June 2006 Approximate fee for services: Over$105,000,000 Brief Description of Service: In the wake of Hurricane Katrina in September 2005, DRC was contracted by the Louisiana Department of Transportation and Development to provide debris removal in thirteen parishes including the most heavily affected parishes Orleans, St. Bernard, Plaquemines, Jefferson, and St. Tammany Hurricanes Jean, Frances and Wilma - Debris Removal-Martin County,Florida 2151 SE Aviation Way Stuart, Florida 34996 Tel: 772-221-1394 ext. 4; Fax: 772-221-1466 POC: Darrell Wright, Project Manager, 772-260-6066 Email: dwright @martin.fl.us Project Team: DRC Performance period: 2004-2006 Approximate fee for services: $25,000,000 Brief description of service: Clearance of hurricane generated debris following Hurricanes Jeanne and Frances (2004) and Hurricane Wilma (2005) Quantity of debris removed: For storms Jeanne and Frances, DRC removed 1,046,669 cubic yards of debris and 347 stumps. For Hurricane Wilma, DRC removed 335,032 cubic yards of debris. Hurricane Ivan - Clearing and Restoration - Escambia County Florida 223 Palafox Place Suite 300 Pensacola, Florida 32501 Tel: 850-554-2772 Fax: 850-595-4923 POC: Claudia Simmons, Manager Office of Purchasing, 850-595-4987, Email: claudia simmons @co.escambia.fl.us Project Team: DRC Performance period: September 2004—February 2006 Approximate fee for services: $ 50,000,000 Brief description of service: Clearing and restoration of approximately 15 miles of Pensacola, Florida beaches destroyed by Hurricane Ivan. Removal and cleaning of beach sand, dune restoration and removal of remaining debris. Debris removal and condemnation of beachfront structures as directed by the Government. Management of ROE project. Quantity of debris removed: Approximately 1.7 million cubic yards Page 4 ecZ:C. CD CD f I C EMERGENCY 'S_ERVICES DRC Emergency Services,LLC 500 South Australian Ave.Suite 600•West Palm Beach,FL 33401 Phone: (561)820-4877•Fax:(251)343-5554 PERFORMANCE EVALUATION SURVEY As required but the RFQ,DRC Emergency Services, LLC has contacted various past and current clients to complete the Performance Evaluation Survey. We have instructed them to return the surveys directly to Miami Beach at the email or fax number listed in the RFQ. We are confident our clients will provide Miami Beach with enough information to attest to our experience and capabilities in providing debris removal services. CD EMERGENCY'SERVICES DRC Emergency Services,LLC 500 South Australian Ave.Suite 600•West Palm Beach, FL 33401 Phone: (561)820-4877•Fax: (251)343-5554 8. METHODOLOGY AND APPROACH MOBILIZATION/DEMOBILIZATION OF EQUIPMENT AND PERSONNEL 2 TECHNICAL APPROACH PER VESSEL DISPOSITION 3 PRELIMINARY OPERATIONS 3 STAGING AND DEBRIS MANAGEMENT APPROACH 4 DEMOBILIZATION 4 DRC ACCIDENT PREVENTION PLAN 4 Pl!tERGESF..SERVICES DRC Emergency Services. LLC, and its prime subcontractor, Cahaba Disaster Recovery, LLC, have developed the following Technical Approach to the Recovery and Disposal of Derelict Vessels in Miami Beach that provides solutions to the scope of work outlined in the RFP, and as needed by the City of Miami Beach. MOBILIZATION During mobilization, DRC and subcontractor, Cahaba Disaster Recovery, LLC, will supply and transport all necessary supplies, equipment, materials, and personnel to the recovery sites. DRC will obtain clearance from underground or overhead utilities and from property owners and state and city entities as required. DRC have recovery equipment and vehicles prepared to mobilize upon the first notification to recover vessels. DRC will mobilize all necessary personnel and equipment on-site within 5 days from notice to proceed. Each salvage team will be fully self-contained and consist of all necessary equipment and personnel to effectively salvage/remove those vessels within their territory. In accordance with the requirements of the Scope of Services listed in the RFP, DRC will provide notification by certified letter to owners that can be located, of impending vessel removal in accordance with all legal constraints. DRC will also give the owner the opportunity to remove the vessel prior to local, tribal and State or Federal initiation of debris removal. DRC will provide public notice of vessel removal in local newspapers. The salvage superintendent will submit a salvage plan to the City Rep for each individual vessel at least 24hrs prior to vessel removal. DRC will determine the best operational approach in accordance with the vessels disposition. An environmental risk response team will be on sight during the salvage of each vessel. Containment teams will have equipment in place in the event of any unforeseen environmental - risk. At each site, a minimum of one vacuum truck,hoses and oil boom shall be at the ready. DRC will also have a dive team on site during the salvage of each v g va e g vessel at the ready to assist when required. CD - DRC will file the required initial and monthly work schedules, salvage/vessel Y � g el removal plan, and CL quality control plans within the time frameworks set forth by the solicitation and contract. CD MOBILIZATION/DEMOBILIZATION OF EQUIPMENT AND PERSONNEL Salvage Equipment The following equipment will be mobilized/demobilized and shall be present during each salvage operation. This list is a minimum of on-site equipment. Page 2 E7.t ExG , EnncES Marine Equipment 1 40x80 Deck Barge 1 300 Kobelco Excavator with grapple attachement 12 30 yard roll-off boxes 1 600 HP:Pushboat 1 32' Salvage/Survey Boat 1 750 CFM Air Compressor Assorted Suction Hose Assorted Rigging and Lashing Environmental Risk Containment Equipment 1 2-Person Containment Team 1 _Self-contained oil spill prevention unit 200 ft ' 18"Oil Containment Boom Assorted Suction Hose and Absorbent boom and pads Salvage Personnel 1 Salvage Superintendent 1 Equipment Operator 2 . Rigging Personnel 1 2-Person Containment Team 1 Salvage Technician TECHNICAL APPROACH PER VESSEL DISPOSITION Preliminary Operations DRC will locate each vessel using GPS coordinates and record all relevant information such as size, dimensions, and condition by taking photographs of each individual vessel designated for removal. Vessels scheduled for removal shall be clearly tagged with the case number and pertinent information and photographed. Certified letters and attempts to contact the owner or last register of the vessel. Final removal shall be coordinated with local Marne Patrol Authorities. All removals initiated by the City of Miami Beach will meet all applicable FEMA, DERM and Coast Guard rules, regulations and standards. Page 3 EMERGEYGY SERVICES Technical Approach Should the vessel be determined by the salvage superintendent to be demolished, DRC and its subcontractor will pursue the following technical approach, with situational modifications as necessary: 1. Determine best approach route to vessel (taking into consideration water depth,width of channel, marine traffic, and environmentally sensitive areas) 2. Secure salvage equipment and hazardous containment equipment alongside target vessel 3. Secure perimeter of vessel with oil containment boom 4. Position oil containment equipment 5. Secure target vessel with rigging and lifting gear 6. Remove any oily water or fuel oil contaminants 7. Remove/demo as determined necessary S. Separate debris as needed(i.e. recyclables, hazardous materials, etc.) into individual roll- off boxes 9. Transport to staging area for removal Staging and Debris Management Approach Once debris is separated and properly contained,the designated subcontractor providing roll-off box hauling services will load,haul and properly dispose of debris at a certified landfill approved of by the State and City of Miami Beach officials. Demobilization Vessels will be discharged to appropriate entities for recovery, salvage, or other appropriation as directed by the City of Miami Beach and/or the terms of the contract, after clearance through applicable protocols, and after documentation in the vessel record. Once all targeted vessels are removed, DRC will demobilize all equipment, supplies, task- generated debris from the aggregation site. We will dispose of all trash and debris in a permitted �J landfill and remediate any damage to the site caused by operations and equipment as directed by the appropriate authority. DRC will perform final verification of project completion with a Hummingbird 2200 or CD equivalent bottom sounding machine. DRC will submit to the City of Miami Beach all final documentation, including final dump receipts. DRC ACCIDENT PREVENTION PLAN 1. Ideally, all DRC management and supervisory personnel are CPR and Red Cross First Aid trained. Ideally, each DRC pick-up truck carries appropriate substitute safety hard hats, gloves, chaps, ear and eye protectors, traffic signs and cones, first-aid kits and fire extinguishers in order to respond to any emergency or safety deficiency. Ideally, all management and supervisory Page 4 ? cx. wicks tip..: personnel are equipped with a map showing the nearest hospital and emergency care facilities and the corresponding telephone numbers. DRC strives to maintain a standing safety plan including an initial safety review prior to initiation of a contract and bi-weekly site safety reviews. Our safety officer normally prepares a job-specific safety plan which is then reviewed with all management and supervisory personnel and then with each employee prior to initiation of the work. 2.BACKGROUND INFORMATION DRC has responded to natural and man-made disaster work, with an outstanding safety record of only a few minor loss-time injuries, no loss-time due to chainsaw accidents, equipment hitting electrical overhead lines, or equipment operation injuring any person and no deaths. 3.DRC STATEMENT OF SAFETY AND HEALTH POLICY An organized loss control effort is essential for quality production and the mitigation of losses that result from accidents. This effort must originate from top management and must be communicated to the management team so they will accept their responsibility for providing a safe and healthful work environment for all employees. 4.RESPONSIBILITIES AND LINES OF AUTHORITY a. President and Vice-Presidents shall: (1) Communicate to all members of management the company's Accident Prevention Manual and require that the standards within the manual be enforced. (2) Consider accident prevention results in job performance reviews and bonus plans. (3) Appoint a Safety Director who will have staff responsibility for auditing the program. (4) Review accident investigation reports, statistics and other information to ensure that all facets of loss control activities are being followed. (5) Notify the Corporate Safety Department of new projects and changes in operating conditions or processes. b. Corporate Safety Officer (1) Administration of the overall safety program and continually change or correcting the program as the need requires. Page 5 Dike EMERGENCY (2) Advise the divisional project management on matters concerning accident prevention,problems and objectives. (3) Keep abreast of changes in the safety profession, including legislation that would affect our company. (4) Act as a consultant for solving problems at any level of supervision. (5) Initiate and conduct safety-training programs for all levels of supervision. (6) Issue, where necessary, guidelines to be followed by the group in maintaining and upgrading the Accident Prevention Manual. (7) Establish accident reporting procedures. This would include periodic reports to supervision and measuring the effectiveness of their accident prevention activities. (8) Publish a monthly report to supervisors in order to help them in their daily safety functions and responsibilities. (9) Monitor insurance claim activity to maximize benefits of our Loss Control Program. (10) Assist in the investigation of accidents that result in a lost time accident. (11) Conduct periodic safety inspections throughout the company to ensure compliance with the Accident Prevention Program. (12) Assist Project Management with all Government Regulatory Agency inspections. (13) Represent company on local, state and national industry association safety committees. (14) Conduct a subcontractor safety review at all new project, pre-construction meetings. (15) Coordinate company compliance efforts in the area of environmental controls, including air, water, noise, and hazardous waste control. c. Project Manager/Superintendent Responsibilities. The Project Manager/Superintendent is the key person in any safety program due to daily contact with the employees. The same factors that cause accidents are responsible for poor production and they are only noticed and corrected by capable supervision. Each Project Manager/Superintendent must encourage CD safety consciousness among the foremen. No foreman or supervisor should feel that he/she is relieved of any part of the responsibility for safety. SAFETY IS AN OPERATIONS FUNCTION AND CANNOT BE TRANSFERRED TO STAFF ORGANIZATIONS. Each Project Manager/Superintendent is expected to carry out the Company safety policy effectively. To do this, the Project Manager/Superintendent must: (1) Become familiar with the safety program and ensure effective application at the work site. Page 6 D C.: E$ERGE?ICV SERYIC ES (2) Review the accident summary,reports in order to keep informed of the site or accident record and insist on appropriate action when accident trends are unfavorable. (3) Conduct periodic safety meetings with project supervisors to review accident trends, safety standards and to promote safety awareness. (4) Review serious accidents personally to assure that accident causes are being investigated and the proper corrective action is taken. (5) Assure working conditions are free from recognized hazards, equipment is in safe, working order and protective equipment is in use where required. (6) Confer with the Corporate Safety Department when new tools, equipment, chemicals, other safety related materials and procedures involving unusual risk are introduced on the project to assure that all proper safety precautions have been taken for their safe use. (7) Give leadership and direction in the administration of safety activities and give fair consideration to safety recommendations. (8) Include a safety performance evaluation when conducting performance reviews. (9) Interpret policies and support them as an example to all supervisory levels. (10) Complete the monthly safe hours sheet for your project. This report includes the total hours worked and the number of lost time and medical injuries. (11) Consider the safety factor in your operational planning, provide for personal protective equipment, warning signs and barricades, fire extinguishers, etc. ahead of the need. Plan to minimize hazards. (12) Spend adequate time with each employee hired, explaining the safety policies and hazards of their particular work. See that foremen follow up with indoctrination on the specific hazards of the employee's work before they start to work. (13) Check out all heavy equipment operators carefully to be sure they are qualified. Get rid of incompetent operators before the accident happens. (14) Attend supervisory safety meetings and see that supervisors working for you attend safety meetings for their respective work groups. (15) See that foremen hold their weekly tool box safe ty meetings the first week and every week thereafter. It is important to get the habit started in the beginning. (1 6) Put up the safety bulletin board. See that it is in good shape. Include required federal/state safety and health posters as well as general interest safety posters. Change posters at least once per month. (1 7) Make sure these jobs are being done according to a safe plan with the right equipment and qualified personnel. (18) Look for unsafe acts and conditions constantly. Correct them immediately. (19) Make sure all safety rules are known and understood by all concerned. Enforce rules constantly and discharge anyone who flagrantly violates them, either for their own protection or the protection of others. Page 7 DC: . EAGE'+t(.Y SPRYICPS h-. (20) Be thoroughly familiar with OSHA regulations. (21) Promote the entire safety program and set a good example. Always wear the appropriate personal protective equipment. d. Foreman's Responsibilities The success of our Accident Prevention Program depends on the sincere, constant and cooperative effort of all foremen. The first-line supervisor has the principal duties in discharging the responsibility for safety: (1) To teach each employee what the hazards are on the job and how to avoid them by using sound safety practices and principals. (2) To impart to each employee the understanding that violation of established safety rules will not be tolerated. (3) To see that needed safety equipment and protective devices are provided for each job and enforce their use. (4) To take prompt corrective action whenever unsafe conditions and unsafe practices are noted. (5) To investigate and find the cause, even those which result in minor injury or property damage. (6) To see that all injuries are reported and properly treated. (7) To instill a safety awareness in each employee through personal safety contacts and by group safety meetings. (8) To conduct regular safety inspections in their area of responsibility. (9) Conduct a daily tool box safety meeting with all employees. (10) To give full support to safety activities and safety procedures. (1 1) To ensure that all new work procedures conform to safe work practices: (12) Take charge of operations that are not routine, to make certain that safety precautions are determined and observed. e. Employee Responsibilities Employees are required to follow safe procedures and to take an active part in protecting themselves, fellow workers, company property and the environment. cp Each employee must carefully observe his/her instructions, plan his/her work safely and perform the work with care. Employees have the responsibility to detect and report to their supervisor hazardous conditions, practices, and behavior in the work place and to make suggestions for their correction. (I) Do not remove equipment safety guards, except for purposes of adjustment, oiling or repairs. (2) Do not operate equipment while it is being oiled, fueled, adjusted or under repair. Page 8 D =C: EA7ERGENC? ER..CES (3) Employees observed working in a manner which might cause injury to either themselves or other employees must be warned of the danger and must immediately correct their method of operation. (4) When the nature of the job requires signals, the signals must be thoroughly understood before a job is begun. When in doubt as to the meaning of any signal, do not proceed until the question has been resolved. Visual signals are preferable to those given orally; signals shall be given by one person at the time, and such person must be in a position to have a clear view of the area affected by his/her signals. (5) Jobs shall be left in a safe condition. Before leaving a job, employees shall correct or advise their supervisor of any conditions which might result in injury to fellow workers unfamiliar with existing conditions. (6) Dangerous conditions or practices, observed at any time, must be reported, immediately,to your supervisor. (7) Employees must report all injuries to their immediate supervisor. (8) Know where first aid and firefighting equipment is located. (9) BE CAREFUL--Your life depends on it. If in doubt, stop and ask your supervisor. You must attend a safety meeting daily. Ask your supervisor where and when they are held. 5. SUBCONTRACTORS AND SUPPLIERS The following procedures will be administered to assure that all subcontractor activities are fully integrated into the project safety plan and job hazards analysis. When subcontractors initially report to the job site, and prior to.beginning work, the project manager shall review with the subcontractor safety representative the contractual obligation to safety and the project safety rules that subcontractor employees are required to follow. (1) Review the DRC Accident Prevention Manual and point out all the applicable requirements and procedures. (2) Review the specific DRC safety rules and regulations. (3) Review hazardous work conditions presented by the physical assessment of the project. (4) Instruct their safety representative that they are to attend a monthly safety meeting at the DRC office. (5) It must be firmly established that all subcontractors' employees must abide by the applicable OSHA regulations and the DRC safety rules. 6. TRAINING a. All of DRC's supervisors and project managers are CPR and Red Cross First Aid certified and equipped with a pick-up truck, and cellular telephone. Each has been trained to respond to disasters and maintains a personnel disaster response Page 9 DR C; EMERGEN r SERRVICES • handbook, including all reports and forms for a successful disaster response and management of the occurrence. There shall be at least one DRC employee on each job site, on each shift, qualified in standard first aid and cardio-pulmonary resuscitation (CPR). Copies of CPR and First Aid cards shall be in files on the job and in the home office. All supervisors are required to have valid standard First Aid and CPR cards. We encourage all of our employees and our subcontractors' employees to be qualified in standard First Aid and CPR. Courses are available at all Red Cross offices, some rescue squads and fire departments. DRC will arrange and conduct annual First Aid and CPR training courses. b. New Employee Safety Indoctrination It is of great importance to the overall success of our safety program to stress our company's commitment to a safe working environment and zero accidents when the new employee starts their work with the company. Accident statistics show that new employees are more likely to be involved in accidents. This is due to the fact that they are not familiar with the equipment being used or the hazards associated with the project, and the company safety rules and regulations. In order to assure that our employees are given proper safety indoctrination, each SUPERVISOR must review the following items with each new employee before they start to work: (1) Give the new employee a copy of the DRC safety rules and any contract specific safety rules. Review employee and supervisor safety responsibilities and the general safety rules applicable to the project or plant. Stress the importance of reporting unsafe conditions or acts, immediately. The new employee signs a form acknowledging they have reviewed and understand the Company safety rules for Phase Il of USCG contract. (2) Issue the personal protective equipment required for the job. Emphasize the importance of the proper use and maintenance of the equipment. Make sure the employee has purchased hard-toed work boots, with ankle coverage. (3) Review the hazards associated with the project, in general and any hazards associated with the employee's job classification. CD (4) Give the employee a tour of the project or plant, pointing out the hazards previously discussed. (5) If the employee (mechanic) will be using his/her personal tools on the project, inspect the tools to make sure they are in safe condition. ® (6) If the employee will be using or operating company equipment make sure that he or she is qualified to operate the equipment, safely. Review the equipment safety checklist and assign a qualified operator to train or observe the employee in safe operation techniques. Page 10 SERVICES (7) Observe the new employee during the first several weeks. Correct any unsafe act, immediately. (8) The new employee must be observed carefully during the early period of employment and any unsafe acts must be pointed out to them in a friendly, but firm manner. The new employee must be shown specifically how we want the work done, what the pitfalls are and what can happen if the rules are not followed. The following items shall be specifically covered by the supervisor or foreman: (a) Familiarize the new employee with the job conditions (b) Location of job facilities [restrooms, drinking water, eating areas) (c) The location of .first aid kits, or station. (d) Instruct that all injuries are to be immediately reported to foreman. (e) Specific hazards and safety rules relevant to the particular job. (f) Introduction to fellow workers. (g) Working with reliable employees familiar with our safety program. (h) Tool box safety meetings (why,when, where) (i) Bulletin board (purpose and location) (j) Housekeeping(description and purpose) (k) Clothing and shoes (1) Watches,rings (purpose of removal) (m) Observances of safety signs and posters c. Housekeeping Good housekeeping is the first principle of accident prevention and shall be the concern of everyone on the job. Items carelessly scattered around create a dangerous work area. Even the smallest accumulation of material can cause a slip, trip or fall condition. Waste material must be removed from the work area at least once a day. All tools and work related materials must be stored in a safe, orderly fashion at the end of the day. It is the responsibility of supervision to inspect housekeeping conditions and maintain neatness at all times. It is the individual employees responsibility to ensure that their work area and immediate vicinity, be kept clean and neat at all times. d. Personal Protective Equipment (1) Head Protection - Hardhats must be worn in all work areas. Work areas include: construction sites, shops, outside maintenance areas, asphalt plants and while operating mobile equipment. Areas where hard hats are not required include: offices, asphalt plant control towers, laboratories, and when operating equipment with overhead protection. Page 11 F.MERC�VCY SERVICES (2) Eye Protection - Employees are required to wear safety glasses with side shields that have the ANSI Z-87 rating at all times while working. If the employee wears prescription glasses, they will be adequate as safety glasses if they meet impact resistant testing and will not shatter into the eye. However, for extra protection the DRC will supply goggles or hoods, if requested by the employee or in certain circumstances where the DRC will require the employee to wear extra protection. Detachable side shields ,will be supplied by the Company for employees wearing prescription glasses. (3) Foot Protection - Hard toed work shoes/boots are to be worn at all times when on construction sites, at asphalt plants, in shops and laboratories. Hard toed is defined as either steel or a composite material. Work shoes/boots must cover and support the ankle area. (4) Ear Protection - Hearing protection must be work when drilling and using a jackhammer. Other machinery and equipment may require you to wear hearing protection. If so, it will be placarded as a high noise level area and your supervisor will issue the appropriate type of hearing protection for you to wear. (5) Respiratory Protection- Respirators must be worn when using drills which are not supplied with or have malfunctioning dust suppression systems. Machinery, equipment, construction sites, asphalt plants and shops which produce conditions of dust laden or otherwise hazardous atmospheres will be posted or placarded and will require wearing of the appropriate type respirators. Your supervisor will provide the proper instructions for respirator protection when these conditions exist. (6) Clothing - Employees are cautioned to carefully consider their dress while working. Of special consideration is the wearing of loose clothing, long hair, ties, necklaces, rings, bracelets, and watches, which are items most likely to cause serious accidents. Additionally, employees working around moving machinery should not wear unbuttoned sleeves, aprons, or gloves. Shirts must be worn - Shorts are not allowed. Light colored clothing is recommended when temperatures are hot. Suitable gloves are to be worn when handling material(s) and equipment with a rough surface, sharp edge, hot material and/or caustic substances (use plastic or rubber-coated gloves) CD Wet suits must be worn - If the air and water temperatures dictate conditions that the Coast Guard deems to be unsafe if person falls in the water. Page 12 D ''C." EM EP E'JYSER)•'ICE.9 (7) Hand Protection - Di-electrically tested rubber gloves are to be used on all power line work and where there is possible contact with energized circuits. Always inspect visually before using. (8) Seat Belts - All vehicle operators must wear seat belts at all times while operating an automobile. Any infraction of this rule will result in immediate discharge. (9) Personal Flotation Devices (PFD) - PFD's must be worn while working over or near water. All PFD's must be U.S. Coast Guard approved. e. Machine Guarding Installation of Guards - All drives, belts, gears, shafting and machinery must be equipped with adequate guards before the machine and equipment is operated. All such guards must be kept in place and in good condition to afford proper protection. Removal of Guards for Repair - Guards removed to carry out repairs for any purpose must be replaced as soon as the work is finished. When machinery is in motion, guards must not be removed nor adjusted. Working with Moving Machinery - The cleaning, oiling, or adjusting of a machine or drive shall not be done while it is in motion. Lock out any piece of moving equipment prior to attempting to work on the equipment. f. Ladder Safety (1) General Information (a) Inspect before use. (b) Do not use ladder for skids, braces, workbenches, or any purpose other than climbing. (c) While ascending or descending a ladder, do not carry anything that will prevent holding on with both hands. Use a hand line. (d) Keep both feet on the ladder rungs. Do not reach out too far, or place one foot on a line or piece of equipment. (e) Only one person on a ladder at any time. (f) Metal ladders must not be used for electric welding, or near any electric lines or services. (2) Straight and Extension Ladders Page 13 D:..,:.:C EM ERGF V S PRY[CPS (a) Must be equipped with a tie off rope and non-skid safety feet and adequately tied off. (b) Top of ladder must extend at least 3 feet beyond top supporting object when used as access to an elevated work area. (c) Bottom of ladder must be placed 1 foot away from supporting object for every 3 feet of vertical elevation. (d) After extension section has been raised to desired height, check to see that safety dogs or latches are engaged and extension rope is secured to a rung on the base section of the ladder. (e) Extension ladders must be overlapped a minimum of 3 rungs. (f) Do not take extension ladders apart to use either section separately. (3) Stepladders (a) Always open, set level on all four feet, and lock spreaders in place, and never use like a straight ladder. (b) Never stand on the top of a stepladder. (c) Do not place tools or material on steps or platform. (d) Must be tied off under certain conditions. g. Lifeline Safety Belts Required to be worn and tied off when working: (1) Steep banks, slopes and high walls. (2) At a height of 6 ft or better. h. Falls from Equipment Always use a three point system for safe mounting and dismounting of equipment. Use two hands and one foot or two feet and one hand. Make sure steps CD and platforms are clear of mud or oil accumulation. Make sure that all grab irons are in good condition and free from burrs that may cause an injury. i. Electrical Hazards (1) Electrical Equipment—Only grounded, 3-wire drop cords and tools will be used. These shall be inspected regularly and should be tested no less than monthly. Page 14 EMPMENCY. 5 RYYCES (2) When necessary to work on electrically driven machinery, the disconnect switch controlling the machine shall be padlocked in the "open" or "off' position by the worker or workers performing the job. The lock or locks should not be removed until the work has been completed and the area has been cleared. (3) High voltage electrical equipment and transmission lines are to be approached and handled only by personnel authorized and qualified to do so, and only after complete precautions have been taken for the safety of themselves and others. j. Compressed Air Compressed air shall not be used for cleaning dirt, chips, or other debris from a work surface. Never shall compressed air be used for cleaning any part of the body or any clothing on the body. The danger is that the air can enter the bloodstream through a cut potentially creating and embolism, causing death. k. Fire Protection and Prevention (1) In case of a fire the supervisor should call 911 before any other action is taken. (2) Firefighting equipment is provided at all locations and must be accessible in case of fire. Notify your supervisor when you use an extinguisher or find one expended. Know the locations of fire extinguishers and how to use them. (3) Multi-purpose dry chemical extinguishers are good for Class A, B, and C fires. (4) If a fire starts in, or endangers, electrical equipment, the equipment must be shut down and the circuit must be de-energized by a qualified person. (5) Fires can best be prevented by eliminating fire hazards. Many unsafe practices create such hazards and accordingly should be avoided. Some of these are: Permitting loose wastepaper to accumulate on floors and in drawers; indiscriminate disposal of cigarette butts; and throwing burned matches into wastepaper baskets. (a) Approved containers properly labeled must be used for all flammable liquids. (b) Personnel should be familiar with the location and use of firefighting equipment. (c) Fire equipment must not be used for any purpose except for firefighting. Page 15 Dike SERVICES (d) Observe designated "No Smoking" areas. (e) If your clothes become soaked with a flammable liquid, change them immediately. (f) Report all fires immediately. Be sure you report the location of the existing fire. (g) If you use any portion or all of a fire extinguisher, replace it immediately. (h) NEVER use water on electrical fires. Only use dry chemical or CO extinguishers on electrical equipment. (i) Motor Vehicles and Power Equipment Vehicles and mobile equipment are to be operated only by authorized personnel. 1. Cars, Pickups, Trucks (1) All operators of company equipment must possess a valid driver's license. (2) The driver is responsible for the safety of all passengers and the stability of materials being hauled. (3) Operator and passengers must wear seat belts at all times. (4) Obey all speed limits and other regulatory signs. Give pedestrians the right-of-way. (5) Shut off motor to refuel. (6) Shut off motor and set the brakes before leaving. (7) Inspect each day before use. (8) Mount or dismount only when vehicle is stopped. (9) Keep arms, feet, and bodies inside. All personnel must be seated. (10) Personnel may not ride in the bed of any vehicle hauling equipment or material unless your supervisor approves, and only after he checks the stability of the equipment or material. (1 1) A flagman should direct the backing of a vehicle in congested areas. (12) No more than three people may ride on the front seat of any vehicle. m. Lifting cp (1) Use the legs when lifting objects, NOT the back muscles. Keep back Cf straight. (2) NEVER try to lift more than you can handle safely...consider size, shape, and weight. n. Hazardous Chemical Safety When handling hazardous chemicals or working in an area where hazardous chemicals are stored,the following safety rules must be practiced: Page 16 E1gxGSVGK.se!WICES (1) Read labels and Material Safety Data Sheets. (2) Know where to find information.about your chemicals. (3) Follow warnings and instructions. (4) Use the con-ect protective clothing and personal protective equipment when handling hazardous substances. (5) Learn emergency procedures. (6) Practice sensible, safe work habits. See your supervisor if you are not certain about the contents of any containers in your work area. o. Hazardous Materials(Haz-Mat) (1) Whenever employees find an unknown container or substance the employee should: i. Stay away ii. Get upwind iii. Contact supervisor iv. Never approach container or substance (2) Supervisors will contact the Safety Director (3) The Safety Director will have a certified specialist remove the haz-mat. p. Explosives: Use, Storage and Transportation (1) Use a)Only authorized and qualified persons are permitted to handle and use explosives. b)Smoking, firearms, matches, open flame lamps and other fires, flame or heat producing devices and sparks shall be prohibited in or near explosive magazines or while explosives are being handled, transported or used. (2) Transportation a)Motor vehicles or conveyances transporting explosives shall only be driven by and be in charge of an operator with a CDL (Commercial Driver's License). He/she shall be familiar with the local, state and federal regulation governing the transportation of explosives. b)No person shall smoke, carry matches or any other flame- producing device nor shall firearms or leaded cartridges be carried Page 17 • EMERCF.NCY.SERVICES while in or, near a motor vehicle or conveyance transporting explosives. . c)Vehicles used for transporting explosives shall be strong enough to carry the load without difficulty and shall be in good mechanical condition. (3) Storage a)Explosives and related materials shall be stored in approved magazines._ b)Blasting caps, electric blasting caps, detonating primers and primed cartridges shall not be stored in the same magazine with other explosives or blasting agents. c)Smoking and open flames shall not be permitted within 50 feet of explosives and detonator storage magazines. 7. PROJECT SAFETY MEETING a. Monthly safety meetings for all supervisors will be held. The time, day and location will be announced by the project/plant manager at least one week prior to the meeting. The meeting will be conducted by the project/plant manager and/or project engineer. Primary Topics shall include: (1) Review of any accidents since the last meeting (2) Review of all unsafe working conditions and practices observed (3) Special topics as provided through the Corporate Safety Department (4) Review of subcontractor safety activity b. A meeting summary sheet is required which reflects the topics discussed and the signatures of all attendees. A copy of this sheet is to be sent to the Corporate Safety Department for review and placement in the project/plant file. c. Weekly "tool box" meetings will be conducted by each foreman. Meetings will CD be held at the start of work of each workweek. Primary topics to review include: (1) Review of any accidents since last meeting (2) Review all unsafe conditions and practices observed (3) Special topics as provided through the Corporate Safety Department d. A list of attendees and a summary of topics will be recorded and made available to onsite Government representatives. A copy is to be sent to the Corporate Safety Department for review and placement in the project file. • Page 18 D C' EMERGE-'+ SERVICES e. The Corporate Safety Department will provide toolbox talk topic sheets. However, projects are encouraged to present their own safety ideas at any time. Most of the canned topic sheets provide a section for all attendees to sign and space for any additional comments. In the event a canned topic sheet is not used, there is a Company safety sheet used to place topic discussion notes and signatures for all attendees. This can be used in place of the canned topic sheet. The foreman must sign the topic sheet and turn it in to the project/plant manager for review and signature. 8. ACCIDENT REPORTING, INVESTIGATING AND RECORD KEEPING REQUIREMENTS All accident reporting will be accomplished per the requirement of the contract documents. A formal investigation shall be conducted as soon as possible after the accident. The investigation must be fact-finding, not fault-finding. DRC will utilize the USACE accident reporting form and will submit the form as indicated in the contract documents. Members of the investigating team shall include: (1) The employee's immediate supervisor (2) The responsible Superintendent (3) The responsible Project Manager (4) Director of Safety (5) Owner's representative, if applicable Immediately gather any witnesses together in the job site office or a convenient area nearby to get statements before they leave the site or talk with others about the incident. If written statements have been taken, they should be reviewed by the full committee prior to interviewing the witnesses as a group. The purpose of the investigation is to learn the true cause so that similar accidents can be prevented, and to determine facts bearing on legal liability. Since promptness is important, it may be advisable to have several DRC Supervisors "debrief" the witnesses. Individual statements should be hand written in pen by the DRC Supervisor taking the statements. (1) Corrections should be marked through and initialed. (2) Statement should be signed and dated by witness. (3) Witnesses' signature or mark should be witnessed by supervisor taking statement. (4) Signatures should be notarized if at all possible. Page 19 EM gGp!vcv ERv1cFs A description of the operation being performed at the time of the accident is essential. All personnel assigned to the operation and all witnesses to the accident shall be interviewed and statements taken. A private place such as an enclosed office or conference room should be used for these discussions. It is important that witnesses' statements include only firsthand knowledge. The following questions should be asked of each person and witness involved: (1) Name and local address and phone number as well as any out of town address. (2) Where were you when the accident took place? (3) What activity was being performed prior to the accident? (4) What materials,equipment, or conditions were involved? (5) What happened? (6) Why did it happen? Include all unsafe conditions and/or unsafe acts. (7) To the best of the witness's knowledge, was there a previously known and/or reported problem or condition associated with the accident? Drawings shall be marked and/or sketches prepared to indicate location of the accident. All measurements such as time, distance,etc., must be accurate. Sufficient photographs shall be taken as soon as possible since conditions often change rapidly. The back of each photograph should contain the following information: description and location of the principal item(s), date and time, name of photographer. (Use indelible ink.) Several cameras, 35 mm. prints, 35 mm. slides and Polaroid, can be used if available. Equipment, tools, or material involved in the accident shall be removed from service and placed in safekeeping only at the direction of the Senior DRC Supervisor on site or the Director of Safety. If foregoing is impractical, the area shall be corded off and a security guard posted to prevent unauthorized personnel from entering the area. CD The guard shall be withdrawn only upon instructions from the Senior DRC Company Supervisor or the Director of Safety. Interim Reports shall be directed to the Senior DRC supervisor on site with copies to the Director of Safety. The Director of Safety shall CD prepare and distribute the completed reports as soon as possible to all interested parties. On site supervisor will review the accident with all effected crew members before resuming work. 9. MEDICAL SUPPORT Page 20 DC . E15,IERC�N(Y, ERYICES a. There shall be available on each shift of all DRC Company jobs, no matter the size, a trained person in standard First Aid and CPR. (l) All levels of field supervision must be trained in standard First Aid and CPR. (2) On some jobs, large or small, the owner's first aid or medical facilities may be available to us. b. First Aid Kits and sufficient medical supplies shall be kept on hand on every DRC Company project. (1) Specific numbers and quantities, with relationship to numbers of employees and types of work, are to be set up and signed off by the corporate safety department. c. A First Aid Log shall be maintained for each job, recording any treatment or report of an injury whether treated or not. (1) To be maintained by the project Office Manager. (2) Should the owner provide First Aid, then we shall keep the log and make entries based on coordinating information with the Owner. d. At the start of any new project, the DRC Company project manager shall be contacted by the corporate safety department and provided with a list of Worker's Compensation approved physicians and medical facilities. (1) For short-term jobs and those starting up in a hurry, such as emergency repairs, the DRC project manager shall contact the corporate safety director for assistance. e. An EMERGENCY NUMBER card shall be completed and posted near the job site phone at the beginning of every project. (1) The US Coast Guard Airlift number is 1-800-874-2153. f. When injury cases are reported to a supervisor, he/she shall administer appropriate first aid. g. All doctor's appointments, emergency room visits and request for ambulance in regard to job related illnesses or injury shall be directed to and approved by the immediate supervisor and project/division manager. (1) In an emergency where the victim cannot be moved, the first aider shall administer aid until the ambulance arrives. Page 21 EAIERCE^I .ERVICES (a) The victim shall be transported to the nearest emergency facility with x-ray and lab facilities. (b) In all cases of injury or death, the senior supervisor on site or their designee shall call the medical facility, if possible, while the ambulance is en route or certainly while the victim is still in the emergency facility and request a routine blood alcohol and drug screen be conducted. (2) With walk-in cases where the first aider feels that the services of a physician are necessary, he/she shall: (a) Make an appointment with the selected project physician. (b) Provide transportation to the doctor's visit and back to the job site for the first visit only. (c) The employee shall be required to take a DRC Medical Information Form with the job site portion completed by the first aider,to the treating physician, and have him/her complete his/her section and return it to the job site before being permitted to return to work. h. Subcontractors will generally be responsible for their own First Aid and medical treatment. (1) This fact will be spelled out in the contract. (a) To obtain appointments with approved physicians or medical facilities, such as emergency rooms or ambulances, employees living in the area of the job, if at all possible, are required to contact the job office, particularly, if the job is running more than one shift. On jobs where the owner is providing first aid and medical treatment and their medical treatment facility is open and our office is not, contact them. (b) Employees located out of town from the job site are requested to call the job site office by lunchtime the next working day after the onset of illness or injury symptoms to report it. CD (c) Upon being notified by an employee out of town from the job site area of job-related illness or injury, the Office Manager, Superintendent or Project Manager shall: (2) Confirm the injury with doctor or medical facility by phone or (3) Make arrangements for medical treatment in whatever-town the employee is in. Page 22 r EMERGE!YCY.sEaY10Es (a) Call the Corporate Safety Office for assistance. (4) Have the immediate supervisor complete the supervisor's Accident report, Exhibit 15; make distribution by lunchtime the day following notification by the employee of the job related illness or injury onset after working hours. (a) Employees returning to work after any medical treatment, either job related or of a non job related nature or long duration, shall report to the Superintendent or Project/Division Manager, with a "Physician's Release" checked, released for full duty", before the employee will be authorized to begin work. (5) Another requirement to return to work, from medical treatment for either job related or non job related nature, is not to be taking any "red label" prescription medications, that is,--may cause DROWSINESS, USE CARE when operating a vehicle" or equipment. (a) No red label medication during the workday or 4 hours before the workday. (b) The physician can be called to see if he/she is willing to change medications or the directions for taking same, so as not to affect work. iL 10. PERSONAL PROTECTIVE EQUIPMENT a. Director of Safety shall approve in writing any or "APPROVED equal" safety equipment as described in this section. b. Variances from the safety equipment approved in this section shall be approved only after literature has been submitted. The Director of Safety may require a sample before approval is granted. c. safety equipment submitted for approval shall meet ANSI standards and shall carry such markings,numbers or certificates of approval. d. Safety equipment not specified in this section shall meet all pertinent standards including ANSI,NIOSH, etc. e. Plastic or fiberglass (not metal) hard hats meeting ANSI standard Z89.2-1971 shall be worn by all DRC employees at all times while engaged in daily work except while working in offices. f. DRC hard hats shall: Page 23 'F.A+ERGE.'QCY S IWtCES (1) Have the DRC logo on the front outside of the shell. (2) Not be indiscriminately written upon with marking pens. They shall be kept clean and in good repair. (3) Have limited application of safety stickers. (4) Be worn in the manner described by the maker. g. DRC shall: (1) Have employee's name displayed on the front in E inch label tape or larger. (2) Have First Aid or Emergency Medical Technician stickers, for those people so qualified, affixed to the hat, preferable, on the back opposite the DRC logo on the front. h. Subcontractors shall use plastic or fiberglass hard hats meeting ANSI Z89.2-1971 which shall be worn by all of their employees, at all times, while engaged in daily work connected with DRC, except while working in offices. Rules concerning the wearing of hard hats are as follows: (1) Hard hats shall never be worn on top of everyday hats and caps. Winter liners made specifically for the hat or cap should be used. (2) The sweatband should be adjusted to the proper snugness so that the hat will not fall off when the wearer leans over or be blown off by a gust of wind. Adjustment should not be so tight that the mark of the band is left on the forehead. (3) If there is danger of the hat falling or being blown from the head, a chinstrap,properly adjusted, should be worn. (4) Hats should be worn squarely on the head. Construction of the head harness assembly is designed to give the optimum contact surface on the head. Hats worn at a rakish or jaunty angle will not permit proper (J functioning of the suspensions. Damaged hats or caps shall be replaced ®° immediately. (5) Never attempt to repair a cracked shell by sewing with wire or any other CD material. Do not cut suspensions. Damaged hats or caps must be replaced immediately. (6) All hats and caps are designed to permit complete air circulation inside the crown. The practice of boring holes in the crown for ventilation is prohibited. This destroys the dielectric strength as well as the ability of the shell to withstand the maximum impact of falling objects. (7) Inspection of hats and caps should include a check of the condition of webbing and sweatband. Page 24 D :C EMERGENCY SERVICES (8) The wearer should always make certain that there is at least 1 1/4 inches of clearance between the top of his head and the inside shell of the hat. This is important for protection against impact and for ventilation, especially, if the hats do not have secondary straps preset at the proper clearance. (9) The hard hat must be worn with the bill or visor to the -front or over the eyes. The bill keeps a lot of chips, dust and dirt particles from going behind the safety glasses and into the eyes. 11. ADDITIONAL SAFETY REQUIREMENTS a. Safety belt lanyards shall: (1) Be used when working at elevations with a height greater than 6 feet. (2) Be made only by the manufacturer of the safety belt, never spliced up on the job. (3) Be a minimum of G inch nylon or equivalent. (4) Be a maximum of 6 feet long and incapable of allowing user to make contact with lower level. (5) Have a breaking strength of 5,400 lbs. (6) On new belts, be spliced to the belt on one end and have a double locking hook on the other. (7) On replacement lanyards, have double locking hooks in both ends. b. Safety belts shall: (1) Be single pass belts. (a) Basically, one size fits everyone. (b) Belts do not wear as badly. (2) Repair of safety belts and lanyards shall be performed by the manufacturer. (3) Specifications: (a) Safety belts shall be Rose 501108 or APPROVED equal, single belts with six foot lanyard with double locking hook, one end spliced to the "D" ring on the belt on other end. (b) Replacement lanyards shall be Rose 505012-6, or APPROVED equal, Li nylon rose with a double locking hook in each end. Page 25 EMERGENCY SERVICES (c) Full body harness shall be Rose 502525 or 'APPROVED equal with the "D" ring on the back. (d) Rope grabs shall be Sinco 6006, or APPROVED equal, which works only on Sinco Lifeline. (e) Factory lifeline shall be Sinco with blue marker, or APPROVED equal: c Noise exposure (1) If noise level is greater than 84 decibels per 8-hour shift, ear protection selected must have a Noise Reduction Rating NRR, sufficient to reduce the level to the acceptable level of. (2) Example: if we have an area that measures 11 6db, we must provide hearing protectors with a NRR of 26 to allow our employee to work in the area for a full day's work. (3) Plain cotton is not acceptable for hearing protection. (4) Foam earplugs have the highest NRR (26) of any hearing protector, including ear muffs, sound bands, and other types of earplugs. (a) Drawback - have to be rolled in fingers to be inserted in the ear- if hands are dirty, they get plugs dirty. (b) Plus - inexpensive, can provide a pair per day per exposed employee. (5) Using two types of ear protection such as earmuffs and earplugs does not increase the NRR. (6) Earmuffs have a lot of skin contact and can cause dermatitis (skin irritation with infection) (a) For the above reason,we generally recommend against muffs. (7) Specification ® (a) EAR or North's Deci Damps 28-00-05 foam earplugs are recommended generally for most jobs. Caution must be taken not to get plugs dirty before insertion. (b) Be prepared to supply a lot of plugs, about a pair a day per exposed employee. (c) If wash up facilities are readily available, SECTION 13.0, foam plugs are most desirable. (d) Corded,North's Comfits, small No. 28-14-11,medium No. 28-14-13, and large No. 28-14-15 with the inserter tube are Page 26 Dike ME-RCM ERVICES recommended where foam plugs cannot be used. (e) North No. 28-45-40 Ear Muffs are recommended for employees with hearing aids and ear infections. d. All employees must wear a hard-toed work boot, while performing their work, at all construction sites, asphalt plants, shops and labs. Any staff or administrative employee entering these designated areas must either have the appropriate foot protection or be escorted by project/division supervision who will oversee their personal safety, avoiding known hazard areas. Safety boots must meet the ANSI Z41 standard for hard-toe resistant testing. (I) The work boot must cover the ankle to minimize the severity of ankle injury from strain or sprain. (2) DRC and all subcontractor furnished rubber boots must have hard toes meeting the ANSI Z41 criteria. e. Employees are required to wear safety glasses with side shields at ALL times when working in the following areas or performing the following job duties: (1) In all shops (2) On or next to an asphalt paving m achine (3) Excavating with a backhoe with open cab (4) Operating a jack hammer (5) Operating a rock drill (6) General drilling of materials (7) Chipping and placing asphalt and concrete (8) Saw metals, asphalt, wood, and concrete (9) Driving nails (10) Placing survey pins (1 1) Hitting steel on steel f. It is the responsibility of each employee to purchase necessary work clothing required by their particular job assignment. (1) Loose fitting or torn clothing is not recommended. (2) Shirts are required at all times. (3) Long sleeve shirts are recommended with sleeves buttoned. If sleeves are rolled up, they are to be tightly rolled up above the elbow. Loose cuffs can become caught in machinery. (4) Shirts should have a minimum sleeve of 3 inches below the seam where the arm meets the shoulder to help protect the upper arm and shoulder from cuts, abrasions, and burns. Page 27 D E IERGEYCY. SRRYICPS (5) Long shirttails should be tucked in as they may become entangled in equipment. Welder's denim shirts generally have short shirttails and do not fall into this category. (6) Neckties or other neckwear are not permitted, except in offices, as they may become entangled in machinery. • (7) It is further recommended that rings, watches, and other hand or arm-type jewelry not be worn during working hours. (8) If an employee's hair is long enough that it may become caught in machinery, the employee will be required to wear a net to contain the hair in a safe manner. (9) Hard-toe safety shoes, in good repair, providing ankle support are required. Wearing street shoes, sneakers, or other lightweight shoes is prohibited. (10) We require safety shoes (with toe protection) for all personnel on job sites even those who normally are based inside job site offices. (11) Some of our clients have a strict safety shoe policy. All of our personnel and subcontractor personnel must abide by this rule. (12) Rubber boots worn by DRC or subcontractor personnel shall have hard toes. g. Vehicles (1) At the beginning of each shift, all drivers, supervisors and operators will complete a walk-around inspection of the vehicle. The following items will be checked: (a) Back-up alarm (b) Horn (c) Wipers (d) Headlights, high and low beams (e) Turn signals - lamps and lenses (f} Front and rear for any damage • Page 28 E MFRC1e;r Y SERV10E5 (g) Brake lights and back-up lights (h) Running lights (i) All lights clean, free of road dirt (j) Tires -properly inflated, cuts, treads (k) Windshield -clean, free of breaks (I) Fuel - full tank (m) Brakes (n) Fire extinguisher in place and charged (o) Road flares and signal packages (p) Vehicle clean and free of trash (q) Highway approved vehicles have proper/current state inspection. (2) Deficiencies within the driver's ability to correct will be corrected by the driver. (3) Deficiencies beyond the driver's ability to correct will be noted and turned into DRC or subcontractor for repairs. (4) Vehicles will not be operated until the deficiencies are corrected; the senior DRC Company supervisor shall make the final decision (5) Daily Inspection Checklist (a) After each stop, the driver will walk completely around the vehicle, making sure that the way is clear for the vehicle to be moved and making a quick visual inspection of the vehicle. (6) Fueling (a) All ignition systems will be turned off and no smoking will be permitted while fueling any vehicle or equipment. (b) No fueling operation will be performed inside an enclosed building. (c) No overheated vehicle or equipment will be refueled. (d) Fuel will be delivered to vehicles or equipment by approved pumps or safety cans. (e) Brakes will be set during fueling. (f) Drivers or operators shall be outside the vehicle during fueling operations. h. Loading and Hauling (1) Materials and'equipment shall be so loaded that they may not cause hazard by shifting. Heavy equipment and materials shall be securely fastened with chains and binders. Chains shall be looped over binder handle locking it in place. (2) Timbers, pipes, ladders, etc., shall be loaded parallel to the length of the truck, trailer or float. 29 EM ERGENCY s mow ES (3) When a load of pipe or steel is within working distance of the ground, load binders shall be installed so that they can and will be operated by employees while standing on the ground. (4) Pipes shall be so placed or blocked so it will not roll. (5) Employees shall not remain on a pipe, steel or structure while it is being hoisted. (6) When material over hangs the back or front of a vehicle, float, or trailer for any length, it shall be: (a) Daylight, flagged with a red flag, minimum 18 inches x 18 inches or a revolving yellow light. (b) Dark,the revolving yellow light shall be used or a red taillight. (7) When loads over hang sides of trailers or floats: (a) Consult individual state and local law for requirements. (b) A minimum is the WIDE LOAD sign front and back of the trailer. Street and Highway Driving (1) Driving defensively means driving to prevent accidents, regardless of the actions of others or in the presence of adverse driving conditions. (a) See the Hazard: Think about what is going to happen or what might happen as far ahead of encountering the situation as possible. Never assume everything will be all right. (b) Understand the Defense: There are specific ways of handling CD specific situations. Learn them well so you can apply them when the need arises. (c) Act in Time: Once you've seen the hazard and understand the CD defense against it, act! Never take a "wait and see" attitude. (2) Your goal should be perfect driving completing every trip without accidents, traffic violations, vehicle abuse, excessive scheduled delays, and never without courtesy. j. Trucks (1) General Requirements (a) Fork trucks will be equipped with a ABC type fire extinguisher. (b) Fork trucks will be equipped at all times with approved overhead protection, in addition to roll over protection. (c) Where possible, fork trucks will be kept off of all city, county, or state roads. 30 i E.MERGE.' V%VICES (d) Only fork trucks that are equipped with a yellow warning light (operating) and slow moving vehicle sign (fanny flag) will be permitted on city, county, or state roads. (e) Fork trucks shall never exceed 10 mph while on DRC job site. (f) Fork trucks shall be equipped with back-up alarms and a single amber flashing or revolving warning light. k. Proper Operating Techniques (1) Follow the general rules for driving an automobile, such as traveling on the right side of a main traffic aisle, stopping at all intersections, slowing down when approaching corners, and starting and stopping smoothly and watching out for pedestrians. (2) Always face the direction of travel. (3) The fork trucks should be used only for its intended purpose; that is to move materials. (4) When carrying a large or bulky load that obstructs visibility, backup. Look where you are going. (5) Do not drive over objects lying on the floor. (6) Maintain a healthy mental attitude. (7) When negotiating turns,reduce speed to a safe level. (8) Sound your horn at blind corners. (9) Keep a safe distance behind other trucks traveling in the same direction and never drive side by-side. (10) Stop before backing up. Fork trucks reverse quickly and can cause operators to lose the load. Stop and start smoothly. (1 1) Cross railroad tracks diagonally and never park closer than 8 feet to the center of the tracks. (12) When parking the truck, place the forks on the floor, tilted forward, set the parking brake and remove the key. (13) Space forks to fit the load; this maintains proper balance. (14) Travel with the forks close to the floor or ground with or without a load. (15) Don't lift unstable loads. (16) Don't double up roads. (1 7) Don't add counterweights. Split the load. (18) All loads should be picked up in the center. (19) Pick up the entire load. Be sure forks are all the way under the load. 1. Proper Lifting Technique Lifting is so much a part of everyday jobs that most of us don't think about it, but it's often done wrong. Results: pulled muscles,disc problems or painful hernias. 31 • Eb1ERGANCY._SEgY10ES (1) Get ready, much of correct lifting depends upon what is done to get ready to lift. (a) Check the path where you will carry the load. Look for, and remove, anything in your way. (b) Prepare a place to put the load down. Know exactly where the load will be set down. (c) Check the item to be lifted. Look for nails, sharp corners, loose straps and splinters. (d) Put on any additional protective equipment such as gloves or goggles. (e) Find out how heavy the load is. Read the weight if it's marked or lift a corner or tilt it. (2) Get set, now to lift without getting hurt. (a) Put one foot a little ahead of the other, and point toes slightly outward. Place feet about as far apart as your shoulders. (b) Squat as close as possible to the load; keep the back straight; rear end jutting outward. (c) Grasp the item firmly by diagonally opposite corners so one hand is placed to pull it toward you; one hand placed to lift. Tilt the load, if necessary, to get one hand underneath. (3) Now lift (a) Draw the load close to the body with the arms. (b) Lift the body and the load with the legs. (c) Keep the back straight. (4) Turning (a) Do not twist the body. (b) Move only the legs and feet. (5) To set the load down (a) Squat to set the load down. (b) Ease it onto one corner or a block so the fingers won't be pinched.(6) If the Load is too heavy to lift comfortably or it's too bulky to carry or vision is obstructed, get help. (a) Get another person to help. (b) Get a hand truck or dolly. (7) Team lifting 32 • D C': EMERCEN5ERVICPS (a) Everyone must lift the right way at the same time. (b) One person must take responsibility for coordinating the lift. (8) When the load has to be Iifted from a high place,use the shoulder, but use it carefully. (9) There may be times when a load must be lifted when squatting is impossible. In these situations, it is best to bend the knees to relieve strain on the back. REMEMBER: The only good lifting is with the legs and not the back. It is very rare that there is a good excuse to lift improperly. m. Signs (1) We are bound by OSHA 1 92B.200 to use only the three legends,NOTICE, CAUTION, DANGER, with proper colors in regard to instructional signs on the job site. (a) Temporary cardboard signs with approved legends and standard messages are available from safety vendors. These signs can be placed in zip lock plastic bags and made semi-permanent in damp atmospheres. (b) "Homemade" or job made signs not conforming to OSHA 1926.200 shall be considered temporary signs and shall be replaced as soon as possible. (c) Required signs shall be visible at all times while a hazard exists and shall be removed promptly when the hazard no longer exists. n. Vehicle Speed Limits (1) Obey all client, city, county and state speed limits while in pursuit of work for the project. (2) The job site speed limit is 5 mph. Tractors, trucks, cranes, all Contractors, Subcontractors, and Sub-Subcontractors and their vendors are required to abide by this speed limit whether on the roads or off violators are to be dealt with severely. o. Traffic Control **Flagmen may not needed at all locations. This will be determined by the site supervisor. (1) The primary function of traffic control procedures is to move traffic safely through or around work areas. This should be done in a courteous manner not only to receive better cooperation from the public but,also,to maintain good public relations. EA'ERG E8v+CES (2) On state jobs and some municipal jobs, they will provide us with a sign, barricading and flagging plan. We should feel free to challenge this plan should we have any reservations. Contact the Director of Safety for assistance (3) There must be a written plan, drawing, or sketch of barricading, signs, and flagging prio to the start of the work. All affected employees are to be made aware of the "plan (4) Since flagmen are responsible for human safety and make the greatest number of public contacts of all construction personnel, it is important that qualified personnel be selected. A flagman should possess the following minimum qualifications: (a) Average intelligence (b) Good physical condition, including sight and hearing (c) Mental alertness (d) Courteous but firm manner (e) Sense of responsibility for safety of public and crew (f) Understand language of crew for instructions (5) Hand signaling by flagmen shall be by use of a 24 stop/slow paddle and in periods of darkness, adequate illumination must be provided. (6) Flagman shall be provided with and shall wear a red or orange warning garment while flagging. Warning garments worn at night shall be of reflector material (7) Flagman are provided at work sites to stop traffic occasionally as necessitated by work progress or to maintain continuous traffic past a work site at reduced speeds to help protect he work crew. For both of these functions, the flagman must, at all times, be clearly visible to approaching traffic for a distance sufficient to permit proper response by the motorist to the flagging instructions, and to permit traffic to reduce speed before entering the work site. In positioning flagmen, consideration must be given to protective garments and surrounding background. CD p. Flagging Procedures (1) The following methods of signaling with a flag should be used. 'Paddles are preferred) (a) To stop traffic: The flagman shall face traffic and extend the flag horizontally across the traffic lane in a stationary position so that the fill area of the flag is visible, hanging below the staff For greater emphasis,the free arm may be raised with palm toward approaching traffic. (b) When it is safe for traffic to proceed, the flagman shall stand parallel to the traffic movement and with flag and arm lowered from view of the driver, motion traffic ahead with his free arm. Flags shall not be used to signal traffic to proceed. (c) Where it is desired to alert or slow traffic, by means of flagging,the flagman shall face traffic and wave the flag in a sweeping motion of the 34 `C': EMERG GY. 5€,RVICES ann across the from of the body without raising the arm above the horizontal position. (2) Whenever practical,the flagman should advise the motorist of the reason for the delay and the approximate period that traffic will be halted. Flagman and operators of construction machinery or trucks should be made to understand that every reasonable effort must be made to allow the driving public the right-of- way and prevent excessive delays. q. Flagman Stations (1) Flagman stations shall be located far enough in advance of the work site so that approaching traffic will have sufficient distance to reduce speed before entering the project. This distance is related to approach speed and physical conditions at the job site;however, 200'to 300' is desirable. On construction sites,as well as in urban areas when speeds are low and streets closely spaced, the distance necessarily must be decreased. (2) The flagman should stand either on the shoulder opposite the traffic so he is controlling or in the barricaded lane. At a "spot" obstruction, so he may have to stand on the shoulder opposite the ban-icaded section to operate effectively. Under no circumstances should he/she stand in the lane being used by traffic that is moving. So he should be clearly visible to approaching traffic at all times. For this reason, so he should stand alone, never permitting a group of workmen to congregate around him/her. He/she should be stationed sufficiently in advance of the work force to warn them of approaching danger, such as out of- control vehicles. (3) Flagman stations should be adequately protected and preceded by proper advance warning signs. r. One-Way Traffic Control (1) Where traffic in both directions must for a limited distance use a single line, provisions should be made for alternate one-way movement to pass traffic through the constricted section. At a spot obstruction, such as an isolated patch of work on the side of the street, the movement may be self-regulating. However, where the one-lane section is of any length, there should be some means of coordinating movements at each end so that vehicles are not simultaneously moving in opposite directions in the section and so that delays are or excessive at either end. Control points at each of the routes should be chosen so as to permit easy passing of opposing lines of vehicles. (2) Where the one-lane section is short enough so that each end is visible from the other end, traffic may be controlled by means of flagman at each section end. One of the two should be designated as the chief flagman for purpose of coordinating movement. They should be able to communicate with each other verbally or by means of signals. These signals should not be such as to be mistaken for flagging signals 35 D EM ERGENCY SPRY CES s. Tie Downs (1) All DRC and Subcontractor temporary trailers and buildings,other than truck trailers and containers, shall be tied down immediately upon being erected or installed on the job site. (a) A minimum of 4 anchors shall be used on any office or mobile home type trailer. Trailers over 40 feet long shall be anchored with a minimum of 6 anchors. (b) Anchors may consist of, or in combination: (aa) 3/4 inch anchor bolts and screw eyes on, concrete slab (bb) Standard trailer tie down anchors with a minimum 3' in good solid soil or compacted 95%. (cc) Minimum cubic yard concrete blocks with an eye formed of 1/a"cable or re-rod and embedded one foot on dirt or pavement. (dd) steel or concrete piles the length of the trailer or building or equivalent in weight, cable making one wrap of pile on ground or pavement. (ee) 5-foot deep holes augured in or dug with post hole diggers and poured with concrete to the top with an eye formed out of 1/2 inch cable or re-rod and embedded one foot in solid soil. or soil compacted to 95%. (ff) Anchors shall be placed as close to trailers or under edges of trailers to present minimal tripping hazards. (gg) Three eight(3/8) inch wire, rope or standard trailer tie down steel strapping shall be utilized in tie downs. (hh) Only single wide (12 feet)trailer units or equivalent CD buildings require over the top tie downs. (ii) Double wide,triple wide or equivalent buildings do not require anchors installed along joining sills. (jj) "Over the top" tie down straps should be included when new trailers or shacks are ordered. t. Personal Flotation Device (a) All employees must were a Coast Guard approved life or work vest when performing any type of work. (b) All employees must have a life jacket within anus-reach when driving or riding in a vessel. u. Hot Work 1. Hot will only be done by qualified employees. 36 Flt'¢CGENcY_\SERVicFs 2. The site supervisor will make sure that all fire hazards are removed before work has started. 3. There will always be a worker present for fire watch. a. The worker will monitor the site for fires b. The worker will have the proper ABC fire extinguisher for the situation 12. COMPLIANCE DRC complies with EM 385-1-1. The Safety Manual compliments the company's Accident Prevention Manual, which is more comprehensive. The Accident Prevention Manual is available at each project office, to be used in conjunction with the Safety Manual. 37 CD CD REQUEST FOR PROPOSALS NO. 41-11112 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 RFQ. Addendum No. 1, Dated 6-1-12 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 RFQ. Verified with Procurement staff Pamela Leja-Katsaris 6-1-12 Name of staff Date DRC Emergency Services, LLC 6-1-12 Prop ser-Name Date ' 5,7t14 Signature 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 21 of 34 I Co C.) . , .. .„ ,v , . . ,, - :„,, ...„,„:,,,,, i ;_ ,, .:„.:EMERGEN"kG 'E*I C:Es DRC Emergency Services,LLC 500 South Australian Ave.Suite 600•West Palm Beach,FL 33401 Phone: (561)820-4877• Fax: (251)343-5554 RE: RFP NO. 26-11/12 THE REMOVAL AND DISPOSAL OF DERELICT VESSELS Dear Sir or Madame: I have read the City of Miami Beach's RFP NO. 26-11/12 For the Removal and Disposal of Direlict Vessels. 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, Mark Stafford, Chief Operating Officer [NAME AND TITLE] DRC Emergency Services, LLC [ORGANIZATION] DRC Emergency Services, LLC [PROPOSER'S NAME] • 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 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 j 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 c ' 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 acco dance with the laws of the State of Florida. ACCEPTED: Mark Stafford, Chief Operating Of 11 cer [NAME AND TITLE] DRC Emergency Services, LLC [ORGANIZATION] DRC Emergency Services, LLC [PROPOSER'S NAME] INSURANCE CHECKLIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. To include, if required by statute, U.S.L. & H.(Longshoreman's and Harbor worker's insurance) and Jones Act coverage, should be submitted with proposal submission. XXX 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, and Contractual Indemnity (Hold harmless endorsement). 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. 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 CD XXX Marine Liability P&I y( ) $1,000,000.00 Liability coverage for salvage/derelict vessel removal, including pollution liability ® 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 RFQ 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 r inate same. Mark Stafford, Chief Operating Officer For Proposer/Print Name/Title Signature of Propos r 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 19 of 34 .{• i y I AC L1 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) la.------ 02/02/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS .. RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 'FLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE 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 CONTACT MCGRIFF,SEIBELS&WILLIAMS OF TEXAS,INC. NAME: 5080 Spectrum Dr.,Suite 900E PHONE (469 232-2100 •'FAX Addison,TX 75001 (A/C‘L°'Ext): (AIC,No): ADDRESS: INSURER(S)AFFORDING COVERAGE _ NAIC# INSURER A:Ironshore Specialty Insurance INSURED INSURER B:United States Flre Insurance Company _ I DRC Emergency Services,LLC 740 Museum Drive INSURER C:Zurich American Insurance Co Mobile,AL 36608-1940 INSURER(): INSURER E: _INSURER F: COVERAGES CERTIFICATE NUMBER:6MCwK27R 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 INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AD LD SIIBR POLICY EFF POLICY EXP I LTR TYPE OF INSURANCE I INSR I WVD POLICY NUMBER (MMIDDIYYYY) (MM/DD/YYYY)I LIMITS A GENERAL LIABILITY 001114301 07/28/2011 01/28/2013 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY C E O RFJJTI J 100,000 PREMISES(Ea occurrence) '$ CLAIMS-MADE X OCCUR I ! 1 MED EXP(Any one person) $ 0 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 10,000,000 ` GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n PRO- PRODUCTS-COMP/OP AGG $ 2,000,000 l JECT LOC – $ B I AUTOMOBILE LIABILITY 1337318334 01/20/2012 1 01/20/2013 COMBINED SINGLE LIMIT (Ea accident) $ _ 1,000,000 X ANY AUTO I BODILY INJURY(Per person) $ • ' — ALL OWNED SCHEDULED — • AUTOS AUTOS BODILY INJURY(Per accident) $ • X HIRED AUTOS X NON-OWNED I l PROPERTY DAMAGE — _ AUTOS I ! I (Per accident) $ I I Camp.$500 deductible Coll.$500 deductible A UMBRELLA LIAB X OCCUR 001114401 07/28/2011 01/28/2013 10,000,000 — Follow Form EACH OCCURRENCE $ X EXCESS LIAB CLAIMS-MADE I AGGREGATE +$ 10,000,000 DED I RETENTION S 10,000 I I I ,$ C WORKERS COMPENSATION I WC4647260-00 + 01/20/2012 01/20/2013 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N Includes USH&L TORY LIMITS, ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A I E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under ! i DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT 5 1,000,000 A CONTRACTORS POLLUTION INCLD. I 000108002 1 01/19/2012 01/19/2013 Each Occurrence $ 5,000,000 Liability During Transportation,fines, , Policy Aggregate ;$ 5,000,000 penalties,clean up,punitive damage. j Deductible Each Loss $ Occurrence form $ 10,000 I I I $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION •• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Issued as Evidence of Insurance r 1 Page 1 of 1 ©1988-2010 ACORD CORPORATION. All rights reserved. Art-ton 7c I7ninrnc\ M. Amon.......n•r..t t....n-ern rnnin•nrnrl.rr-.rLc of A!'/1on PROPOSER INFORMATION Submitted by: DRC Emergency Services, LLC Proposer(Entity): DRC Emergency Services, LLC Signature: Name (Printed): Mark Stafford, Chief Operating Officer Address: 500 South Australian Ave. , Suite 600 City/State: West Palm Beach, FL 33401 Telephone: 561-820-4877 Fax: 251-343-5554 E-mail: jkelley@drcusa.com or cwalker@drcusa.com Federal ID# 63-1283729 -�—J 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 RFQ or in the Proposals received as a result of the RFQ. It is also understood and agreed by the Proposer that by submitting a c 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. CD 6-1-12 For Proposer: (Authorized Si nature) (Date) Mark Stafford, Chief Operating Officer (Printed Name) 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 20 of 34 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 • Submitted this 1 day of June , 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: RFQ No. 41- �_ _ ,, :. _ Iva- . , ,,._ , WITNESS -1111111 PROPOSER PROPOSER SIGNATURE ,_ .. Catherine Walker Mark Stafford PRINTED NAME I PRINTED NAME It, , f / :o■ c Chief Operating Officer WITNESS TITLE Dore Cordell PRINTED NAME 5/15/2012 City of Miami Beach RFQ No:41-11112 Removal&Disposal Derelict Vessels 22 of 34 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 The City of Miami Beach, FL [print name of public entity] by Mark Stafford, Chief Operating Officer [print individual's name and title] for DRC Emergency Services, LLC [print name of entity submitting sworn statement] Whose business address is 740 Museum Drive Mobile, AL 36608 And (if applicable) its Federal Employer Identification Number (FEIN) is 63-1283729 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) N/A 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 CD 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 artners p , 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 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 23 of 34 of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 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.] 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 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. * 24.--te* [signature] Sworn to and subscribed before me this day of 1iAuL."L ,2012 Personally known ✓ OR Pr•d:ced id= ti icati Notary Public-State ofl/Al2._ __ . J ,VAL My commission expires +11.1 q . . (Printed typ-d or amped Commissioned name of Notary Public) 5115/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 24 of 34 QUESTIONNAIRE Proposer's Name: DRC Emergency Services, LLC Principal Office Address: 740 Museum Drive Mobile, AL 36608 Official Representative: Mark Stafford Individual Partnership (Circle One) Commatlarpc Limited Liability Company Joint Venture If a Corporation, answer this: When Incorporated: 09-12-01 In what State: Alabama If a Foreign Corporation: Date of Registration with Florida Secretary of State: July 18, 2005 Name of Resident Agent: • Jim Kelley, Regional Manager Q Address of Resident Agent: 500 South Australian Ave. , Suite 600 West Palm Beach, FL 33401 President's Name: Robert J. Isakson, Managing Director Vice-President's Name: Thomas M. Marr - Member Treasurer's Name: Mark Stafford - Chief Operating Officer 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 25 of 34 Questionnaire(continued) Members of Board of Director: N/A If a Partnership: N/A Date of organization: N/A General or Limited Partnership*: N/A Name and Address of Each Partner: NAME ADDRESS N/A * Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating same or similar business: DRC ES since 2001 and DEC, Inc. since 1989 2. Have any agreements held by Proposer for a project ever been canceled? Yes (X) No () If yes, give details on a separate sheet.on a few occasions the governmental client has cancelled a contract for "convenience" (but not for "cause") 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: DRC ES has occasionally failed to qualify as a responsible bidder. In these cases, DRC ES' proposals were not considered because of either a clerical error (missing signatures, incomplete affidavits, etc. ) or missing the designated deadline. DEC ES has never failed to enter into a contract after award. DRC ES has not failed to complete a contract nor has been declared to be in default in the past 5 years. 5!1512012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 26 of 34 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 RFQ 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: Please see attached pending litigation list B. List all judgments from lawsuits in the last five (5) years: No final judgements have been entered CD 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 5/15/2012 City of Miami Beach RFQ No;41-11/12 Removal&Disposal Derelict Vessels 27 of 34 Questionnaire(continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Qualifications 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,g roposer, and in an attempt to ensure full and complete disclosure regarding this RFQ, 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 Division shall be notified, in writing, if any person or entity is added to this list after receipt of Proposals. None other than Proposer 9. Are there any pending discussions relative to mergers, acquisitions, partnerships, or assignment of contract? From time to time there have been discussions among the members of the Proposer about stock sales 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 Database of Veteran-owned Business? Yes ( ) No (X) 5/15/2012 City of Miami Beach RFQ No 41-11/12 Removal&Disposal Derelict Vessels 28 of 34 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 RFQ, 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 CD Print Name EST. 000. IF CORPORATION:Limited Liability Company __ DRC Emergency Services, LLC '_ 1 -_ 09( P`■_-.!-'a Writer Print Name of Corporation 500 South Australian Ave. , Suite 600 Catherine Walker West Palm Beach, FL 33401 Print Name Address By: P144".." tift Chief Operating (CORPORATE SEAL) Officer Mark Stafford Print Name 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 29 of 34 DRAFT DRC EMERGENCY SERVICES, LLC CURRENT LITIGATION LIST April 25,2012 The following is a list of known litigation and arbitration claims involving DRC Emergency Services, LLC, (DRCES) pending of which I, as General Counsel for many years, am aware of, as of April 25, 2012. Some of the information stated herein has been gathered from the principals, employees, attorneys and accountants of DRC and may not be based on first hand knowledge of the undersigned. I. Segler Enterprises vs. DRCES, in Harris County, TX (Cause No. 931,609); a landlord/tenant dispute involving a leaking building. Landlord is seeking$25,000 in rent plus attorney fees. Shaun Hodge defending. Case pending. 2. Fin & Feather v Plaquemines Parish. Cahaba Disaster Recovery, All South Consulting Engineers and DRCES, 2009 in the 25th Judicial District Court, Plaquemines Parish, LA. Dispute regarding canal cleanup work. Suit pending. 3. McGraw v DRCES. First City Court of New Orleans (2009-51580). A subcontractor allegedly caused minor injury and damage when demolishing an adjacent structure. Subcontractor (Cahaba) is defending through Chris D'Amour. (Adams & Reese). Case pending. 4 . Hatcher v. DRCES.Beck Disaster Recovery and City of New Orleans. District Court of Orleans Parish(09-7695). Suit for minor fence damage allegedly caused by a subcontractor during demolition of adjacent property. Cahaba indemnifying DRC. Trying to resolve. 5. Lincoln v. Plaquemines Parish. Kevin Maddox Dirtworks. Inc; KM Construction, Inc.; DRCES, DRC, Cahaba Disaster .Recovery; and .AllSouth Consulting: pro se 2009 suit (Plaquemines Parish, #57-205, B) for property damage possibly caused by a subcontractor of Cahaba. Cahaba is indemnifying DRC. Settlement is being pursued. 6. International Camp Sales & Service v. DRCES. et. al.) (Circuit Court of Mobile County, AL, CV-09-9021111)). Dispute over an alleged commission agreement. Discovery ongoing. Plaintiffs are claiming$210,000 plus interest. Trying to force the case to arbitration. {4' 7. Rankin Construction v. DRCES, Cahaba Disaster Recovery and Safeco: (Case #2010- 14722 in Harris County, TX District Court). Suit by a sub-subcontractor. DRCES' direct subcontractor, Cahaba defended, lost, Cahaba posted a bond, appealed and is now tying to settle. 8. DRCES & DBR Associates v. ARHB, et al., (25th Dist. of Plaquemines, LA., Case No. fzzl 57-239): Suit to collect overpayment on windows, etc. The principal of ARHB has been arrested on a criminal complaint for the same facts. Civil case pending resolution of the criminal matter. Settlement negotiations are underway. 9. Dien's Auto Sales v. DRCES Cahaba & Touchstone (Circuit Court of DeSoto County, • MS; CV-2011-107): Suit by supplier for damage to rented equipment. Suit being defended. 10. Touchstone v. DRCES and Cahaba (2: 1 1-cv-1 85): Suit for alleged services and equipment provided on the Coldwater River Project in Mississippi. Cahaba is indemnifying DRCES. Mediation recently was held without success. I I. Wells v DRCES (Judicial Court Citation JC-134-11 in Chambers, Texas 2011). Suit foralleged minor damage to land. Liability is denied. Shaun Hodge is defending. 12. BP Oil Spill Matters: In response to the MC 252 Oil Spill in the Gulf of Mexico in April, 2010, DRCES was contracted by BP under a Master Service Agreement to provide vessels, equipment and manpower to assist in the cleanup. DRCES contracted with hundreds to thousands of vessels and individuals for this effort. Subsequent to the completion of all work, DRCES has been sued by numerous individuals and companies claiming a myriad of damages and injuries resulting from this event. DRCES's contract with BP contained an indemnification paragraph which DRCES has requested BP to fulfill on most of the cases. Typically, BP has been honoring this indemnification to date, under a reservation of rights. The cases include, but may not be limited to the following: a. In Re: Oil Spill By The Oil Rig "Deepwater Horizon" In The Gulf of Mexico, U.S. Dist Ct., Eastern Dist. Of LA (2-10 md-02179): Class action against numerous Defendants regarding oil spill clean-up including DRCES. BP is currently defending and indemnifying DRCES. b. Caulfield v DRCES. BP &Dupre, (E. Dist of LA 2011): Finger of worker injured. BP is currently defending and indemnifying. c. Matherne Business Associates v DRCES, LA Federal Court. (2011). Suit by boat owner seeking compensation growing out of the 2010 BP oil spill clean-up. BP is currently defending and indemnifying DRC. d. Rodrigue Business Associates v DRCES. LA Federal.Court. (2011). Suit by boat owner seeking compensation growing out of the 2010 BP oil spill clean-up. BP is currently defending and indemnifying DRC. • e. Pearson & Black v DRCES (24`'' Dist of Jefferson Parish, LA, 201 1) LA Federal Court. (2011). Suit by boat owner seeking compensation growing out of the 2010 BP oil spill clean- up. BP is currently defending and indemnifying DRC. f. Black v. BP. .DRCES and 27 other named defendants (U.S. Dist Ct., E. Dist of LA, 2:1 1- cv-867). Suit by a "deckhand" claiming negligence and injury due to the oil spill and the clean-up. BP is currently defending and indemnifying DRC. .e.o� CD g. Pearson v. BP. DRCES and 27 other named defendants(U.S. Dist Ct., E. Dist of LA, 2:11- •-•-- cv-863). Suit by a "deckhand" claiming negligence and injury due to the oil spill and the clean-up. BP is currently defending and indemnifying DRC. • h. Foussell. et al.. v. BP. DRCES and others (U.S. Dist Ct., Eastern District of LA, 2011). Suit growing out of 2010 oil spill. BP is currently defending and indemnifying DRC. i. Lambert v BP, Cahaba. DRCES. et al, Dist of Jefferson, LA (No. 702311) suit by worker injured during oil clean up. BP is currently defending and indemnifying DRC. j. Baudier v Mathern and DRCES and DRC. Inc. (24th Judicial Dist. Ct., LA., 703-286 (2010): Claim by injured worker of an independent contractor. BP is 'currently defending and indemnifying DRC. • 3h k. Trung. et al. v BP, DRCES and others (E. Dist of LA, 2011). Suit by VOO boat owners. DRC is seeking indemnity from BP. Case is stayed. 1. Rogers v. BP and DRCES (19th Judicial District, Parish of E. Baton Rouge, 601084): Vague suit for breach of charter agreement. BP is currently defending and indemnifying DRCES. Case is stayed. m. Gros v DRCES (20]1): Suit by multiple workers involving wage disputes. BP is currently defending and indemnifying DRCES. n. Daigle v DRCES (U.S. Dist. Ct., E. Dist of LA, 2011) Suit claiming damages for DRC's alleged refusal to hire a"deckhand"due to race. Suit pending. BP is currently defending and indemnifying DRCES. o. Turner v DRCES and multiple Defendants, (TX Circuit Court 2012). Suit by injured worker of a subcontractor on the BP oil spill clean-up. BP is currently defending and • indemnifying DRCES. p. McCormick v DRCES. BP, et al. (2012 Harris Co. TX): Suit by injured worker (dislocated and fractured ankle) of a possible independent contractor during BP Oil Spill. DRCES is seeking indemnity from BP. DRCES' insurance carrier has denied coverage. q. Turlich v DRCES (Dist Ct., Plaquemines Parish, 2011, 59-076): Suit by employee (spotter/tech) injured in the face on the job on 9/17/2010 during the BP oil spill work. Jones Act Insurance carrier has been requested to defend however, that has not as yet occurred. Settlement is being pursued by insurance carrier. r. Bayou Fuel v DRCES(2011): Accounting issue over whether or not bills have been paid. First two sets of invoices provided by Plaintiff have been found by DRCES to have been paid in full. Lawsuit filed. Case should settle. s. .Duong v DRC. BP, et al (E. Dist of LA, 2012): Suit by multiple Plaintiffs claiming discrimination in the hiring during the VOO Program. DRCES is seeking indemnity from BP. DRCES' insurance carrier has been notified. 13. First Equity v DRCES and Cahaba (District Ct.,Plaquemines Parish 58-937): 2011 Suit by landowner regarding canal silt placed on property. Settlement is being pursued. 14. Pivach, Pivach v Cahaba and DRCES . (U.S. Dist. Ct., Eastern Dist of LA), suit for fees =� related to the Plaquemines Parish Silt Contract. 15. DRCES v Experian Information Solutions, Inc.(Mobile Federal Court 2011): Suit to force credit reporting agency to correct its records. Case appears close to resolution. 17. Williams v DRCES (Jefferson Co., AL CV-2011-903718) traffic accident case involving an alleged subcontractor. Insurance company is currently defending. 18. B&S Equipment v DRCES and Cahaba (LA District Ct 708-443, Div"D"): Suit by sub- subcontractor regarding work performed. Cahaba is defending. 19. Group CG.Builders v DRCES and Cahaba (US Dist Ct., So. Dist of AL 2011): Suit by sub-subcontractor for work performed in Haiti. This subcontractor also filed suit in • Dominican Republic which was dismissed, and Plaintiff then moved the suit to Mobile = recently. Cahaba is defending. 20. DRCES v City of Westlake, LA (Calcasieu Parish,LA): Suit to collect for debris work performed in 2006. Settlement has been reached and upon the check clearing,the suit will be dismissed. 21. McCleary v DRC/Blake Marine Offshore, Inc. (2009 Terrebonne Parish, LA) Suit for dock space rent for$250,000. Bond posted. Case pending. 22. Hodges v DRCES and Heather Isakson (2011 Mobile County Circuit Court): 2009 traffic accident case. Property damage and personal injury claims.DRCES' insurance is defending. 23. Prout v DRC Group & Bob Bros: (Orleans Parish 2011 District Ct (2011-101.71): Trip and fall case. It is believed DRCES was not involved. Plaintiff has agreed not to default DRC while the matter is investigated. 24. Cora Williams v DRCES, Beck&City of New Orleans: (District Ct., Orleans Parish, 09-4151): Claim for negligent destruction of part of a duplex. DRCES' insurance carrier is defending. 25. Waste Corp.of MO.V. DRC.ES: (Circuit Ct.,Jasper, MO, 12 AO-CC00081): Suit by landfill owner for disposal fees. Trying tosettle. 26. DRCES v. Eaton. Poli-Sync, et al: _(District Ct., Orleans Parish, LA): Suit for declaratory judgment seeking an order that no funds are due by DRCES to Eaton. • 27. Albert J. Isakson v. DRC, Inc.. and DRCES (Dist. Ct., Jefferson, Co., TX., 2012, #A192-314): Suit seeking compensation for work in Guam and related to the 2008 settlement. Clifford C. (Kip) Sharpe General Counsel P.O. Box 8116 Mobile, AL 36689 (251)343-6700 (251) 344-1666 (fax) CD iwr ,_._ r-=-7T===--,,,. ,. L ,„ ''.-', • ft , f -' I, f F. r i 1,-::-, t' rT rre1- .' ti Department o ,, I i i I certify from the records of this office that DRC EMERGENCY SERVICES, LLC is a limited liability company organized under the laws of Alabama, authorized to transact business in the State of Florida, qualified on July 18, 2005: 4 I The document number of this limited liability company M05000003946. p ny is I further certify that said limited liability company has paid all fees due this office through December 31, 2011, that its most recent annual report was filed on March p 15, 20I 1 and its status � s active. .1 r NCC I further certify that said limited liability company has not filed a Certificate of Withdrawal. r t I , i , Given under my hand and the Great Seal of Florida, at Tallahassee,the Capital, this the Seventeenth day of March, 2011 gillAPAL............,,-, . .-• v. ..,:--K.- --n,l,-...tt;;-... Iv II ; ... at ..."--,fitZi4=-- V-Frl, Secretary of State ?'' '' Authentication ID:00019784842 3]711-M0 . '''-...4.-. - .: �;,;. ': 0-0 5000003946 ----9aii ----' TDo authenticate this certificate,visit the following site,enter this and then follow the instructions displayed. h ttps://efile.su n biz.org/certa uthver,h tm 1 14 o � STATE OF FLORIDA' f `` DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION �:,.-L;12 CONSTRUCTION INDUSTRY LICENSING I OARD '; •' ''• 1940 NORTH MONROE STREET (850) 4$7-1395 " V TALLAHASSEE FL 32399-0783 JAMES, STEVEN PATRICK DIR DRC EMERGENCY SERVICES LLC 740 MUSEUM DRIVE MOBILE AL 36608 . y¢.T 5072'I 11 Congratulations! With this license you become one of the nearly one million f. t STATE OF FLORIDA AC# r '=� �,� DP,AZ'I'NIENT. fF-BITS INE � - Floridians licensed by the Department of Business and Professional Regulation. - Our professionals and businesses range from architects to yacht brokers,from ?a2O ..-SSI'ON'At s'REGII-' TI,b1•, ` _' boxers to barbeque restaurants,and they keep Florida's economy strong. r - Every day we work to improve the way we do business in order to serve you better. ;f_-:•;; =_ <<_�•• ; Y,,, For information about our services,please log onto www.myfloridalicense.com. . CERTIFIED;_ ;±Ii7 tiTi'AL.7CONTRACT`QP There you can find more information about our divisions and the regulations that >-_.,:_JAS;;::`ST$'�IiEI1T`.•)A'I :.X.ti:•;• '- YDIR •.. , I�c.l impact you,subscribe to department newsletters and learn more about the D.T C E LERG X .SERVICE I,LC' " -};,z - Department's initiatives. • f, •r' •l'• 'ley mission at the Department is: License Efficient) Re ulate F irl stantl strive to serve ou better so that ou can serve our customers.� Y you you your IS .CERTIF'i 44,-....'nk you for doing business in Florida,and congratulations on your new license! ..�. siudar'tho Dr.avisions,of eti•;4$g g$... ..��� p�1catoa date IiJG,311 +2,01 x.100804 01.9, - DETACH HERE sic# 507218. �:�r:.. TAT ,:OF FLORIDA, -- _ IDEPAR EI+T'r OFi BUSINESS ,ArTD : p�:�k�,E�SIO�'Ai�, ���CxfT' '�'IO •.,�` - - ' - ��C..: STRUC 'I:ON I LTS.TRY` ��I,= e.S,I - :\. .-F.- rJ — ��.• � '�Y`CIYIrt��IN.G-"'� - I`~ •"+r• .l li' '1'' ~i pal _ _ — r.. 'ir I' DATE BATCH NUMBER LICENSE'" NBR' °-��-';-'f t '' 08;/•04/201 r 08�02.3.326''ll CRC.133=008.6 . ° . h:� - :;fi f.r,.. ,. , r r t" l -�-^. � ' � .i �.. J. ._,, The: ,r.. I,.S 1. ri` ; . :( "SII,jtI IAL, CONTRA TO t _1 ,:,. . �`' ',� Named r-: e t 10- CER,TIP-1 D :..ii der t;lre prat/: s%' ns 0, ,,Chapter 4 8 ,,,,u, �,:.. r_ ,f } _I Expiration' date-: AUG 31, 2012 '` ,t `� ` r=' „� i� t F fir:.''.,'"'5.---'7 ,r .:.',.::1,,, :f..;'t�i:,..; �y• _ `'�,' 1.1 � 11 • - - -_ - - " f•'-.. `!':.ra.�v:�.Vii;:%r%v_'.b..'% • tE .5T 'E R - 3� .0 ��dE E��Y. ERV.� - 7 0;-; S:E '-=',,ORIVE --,..,...LT., , -,� i t .=� -''.: _ ,. MOBILE AL '36608 - = i' ,I°. ;;:`` '--; • .. _ M IPr'.I . u _( `' ,: n'•` •.Fi'. - ,�,'4Jf "y _ ••� rl, _ _ ,r-" . _•.0 .R, CP2I' `r _ ;;- H V'ERNb�2.= 7, ,, = CHARLIE hLIE C Y . , DS A } ED ET R ' - �PLA'Y �: �QU�R = I3�LAW _ - :;_�E R . . _ _3 Form Request for Taxpayer . . • •M , Give Form to the 'Rev.December 2011) - - • - a requester.Do not '�partmentof the Treasury Identification Number and Certification send to the IRS. ...terra!Revenue Service Name(as shown on your income tax return) DRC Emergency Services,LLC Business name/disregarded entity name,if different from above cNi m • 0 cu a Check appropriate box for federal tax classification: c O ❑ Individual/sole proprietor 0 C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate arc 0 L is Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)® C ❑Exempt payee b i , C p�, ❑ Other(see instructions) F. Address(number,street,and apt.or suite no.) Requester's name and address(optional) V a 740 Museum Drive N City,state,and ZiP code co Mobile,AL 36608 List account number(s)here(optional) 04r.t`;0 Taxpayer identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line j Social security number to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a - resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other - _ entities,it is your employer identification number(EIN).If you do not have a number,see How to get a . 77N on page 3. , Note.If the account Is in more than one name,see the chart on page 4 for guidelines on whose I Employer Identification number number to enter. - - 6 3 - 1 2 8 3 7 2 9 Certification Under penalties of perjury,.1 certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. i am a U.S.citizen or other U.S.person(defined below). Certification Instructions.You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 4. Sign Signature of Here u.s.person® �' Date► 2-6-2014 General Instructions Note.If a requester gives you a form other than Form W-9 to request your TIN,you must use the requester's form if it is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W-9. noted. Definition of a U.S.person.For federal tax purposes,you are Purpose of Form considered a U.S.person if you are: A person who Is required to file an information return with the IRS must individual who is a U.S.citizen or U.S.resident alien, obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States, you paid,acquisition or abandonment of secured property,cancellation •An estate(other than a foreign estate),or of debt,or contributions you made to an IRA. •A domestic trust(as defined in Regulations section 301.7701-7). Use Form W-9 only if you are a U.S.person(including a resident alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade or requester)and,when applicable,to: business in the United States are generally required to pay a withholding tax on any foreign partners'share of income from such business. 1.Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a 4mber to be issued), partnership is required to presume that a partner is a foreign person, 2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore, if you are a U.S.person that is a 3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business In the United payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership Income. is not subject to the withholding tax on foreign partners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) I