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HomeMy WebLinkAboutBeck Disaster Recovery, Inc. Agreement~pJ~ AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND BECK DISASTER RECOVERY, INC., FOR EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH, PURSUANT TO REQUEST FOR PROPOSALS {RFP) NO. 16-05106 THIS AGREEMENT made and entered into this ~ day of 20C~1~ 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 BECK DISASTER RECOVERY, INC. a Washington corporation having its principal Florida office at 800 North Magnolia Avenue, Suite 400, Orlando, Florida 32803 (hereinafter referred to as CONTRACTOR). SECTION 1 Agreement: This Agreement between the City and CONTRACTOR. City Field Monitor: Individual employed by the City whose sole responsibilitywill be to monitor and provide contract administration for this Agreement. This Agreement will be monitored and managed by the City's Public Works Department. 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. Fee: Amount paid to the CONTRACTOR to cover the costs of the Services. 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. 6435, and fax number (305) 673- 7023. Services: All services, work and actions by the CONTRACTOR performed pursuant to or undertaken under this Agreement, as described in Section 2 and Attachment "E" hereto. CITY CLERK SECTION 2 SCOPE OF SERVICES (SERVICES) 2.1 GENERAL The City is entering into this Agreement pursuant to City Request for Proposals No. 16-Q5/06 for Emergency Disaster Debris Monitoring Services, together with all amendments thereto (the RFP), and CONTRACTOR's Proposal in response thereto (the RFP and CONTRACTOR's Proposal are collectively referred to as the Proposal Documents and are attached as Attachment "E" hereto). The Proposal Documents shall set forth the Services to be provided pursuant to this Agreement. The Services will be provided by the CONTRACTOR to suffice 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. The CONTRACTOR acknowledges that its successful performance of the Services is a critical component in successful debris operations and in the justification and documentation of any application for FEMA public assistance funding. CONTRACTOR shall be solely responsible for deploying any and all trained debris monitors to observe and document debris removal activities. 2.2 EMERGENCY DEBRIS MONITORING SERVICES The CONTRACTOR shall generally provide the following Services (as are more specifical ly set forth i n the Proposal Documents, attached as Attachment "E" hereto}: • Conduct post-storm debris quantifications and response operations planning • Monitor multiple contractors, at the direction of the City • Certify contractor vehicles and complete safety checklists • Issue and sign multipart load tickets from field monitored positions • Conduct staging area monitoring to include validating truck haul quantities signing load tickets and ensuring trucks are empty on departure • Implement and maintain a disaster debris operations management system linking load ticket and Temporary Debris Management Site (TDMS} information to support reconciliation and documentation • Troubleshoot collection delays and other operational issues in work areas • Provide daily and weekly updates to the City • Verify all debris removal invoices, including those from other contractors, as to certification of amount of debris removed after ten (10) days from submission to the City. • Provide to the City reports separating debris removed by Federal Highway Administration (FHWA) locations versus City streets. • Conduct final inspections, monitor TDMS restoration and deliver closeout reports • Perform other related assignments as directed by the debris management office or designated City personnel. • All billings and work performed should be in accordance with FEMA recommended guidelines for Emergency Debris Monitoring Services. The Services, or a portion thereof, shall be set forth in a Work Order, in substantially similar farm as the sample attached as Attachment "A" hereto. SECTION 3 COMPENSATION 3.1 AUTHORIZATION FOR SERVICES Authorization for performance of Services by the CONTRACTOR underthis Agreement shall be in the form of a written Work Orders}issued and executed by the City of Miami Beach and signed by the CONTRACTOR. A sample Work Order is attached as Attachment "A". Each Work Order shall describe the Services, or portion thereof, required; state the date for commencement and completion of the Services; and establish the amount and method of payment. The City makes no representation or warranty as to the number of available projects, nor that the CONTRACTOR will perform any project for the City of Miami Beach during the Term of this Agreement. 3.2 CONTRACTOR shall be compensated for the Services, or portion thereof, in accordance to the Services, as set forth in Section 2 and the particular Work Order issued by the City for same. 3.3 REIMBURSABLE EXPENSES If a Work Order is issued on a "Time Basis Method," then reimbursable expenses shall be in addition to the hourly rates. Reimbursable expenses are subject to the applicable "Not-to-Exceed" or "Limitation of Funds" amount set forth in the Work Order. Reimbursable expenses may include actual expenditures made by the CONTRACTOR, and/or its employees or subcontractors for the expenses listed in the following paragraphs: a. Expenses of transportation, when traveling in connection with the performance of Services pursuant to a Work Order, based on Sections 112.016 (7) and (8), Florida Statutes, as same may be amended; long distance calls and telegrams; and fees paid for securing approval of authorities having jurisdiction. b. Expense of reproductions, postage and handling of drawings and specifications. c. If authorized in writing in advance by the City, the cost of other expenditures made by the CONTRACTOR in the interest of the particular Services requested pursuant to a Work Order. Any and all reimbursable expenses beyond the "Not-to-ExceedM or "Limitation of Funds" amount in a Work Order must be approved in writing by the City, prior to CONTRACTOR'S performing, or incurring changes for, same. 3.4 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. d. e. 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 Orders but, in no event, shall the CONTRACTOR be paid more than the "Not-to Exceed" amount specified in the applicable Work Order. 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 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. 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. 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. 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. 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. 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. Payments shall be made by the City 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, describing any Services rendered; the cost of the Services; the name and address of the CONTRACTOR; Work Order number; RFP No.; and any and all other information required by the City. (j) The original invoice shall be sent to: Fernando Vazquez, PE, City Engineer City of Miami Beach City Hall 1700 Convention Center Drive, 4`d Floor Miami Beach, Florida 33139 A duplicate copy of the invoice shall be sent to Guz Lopez, CPPO, Procurement Director City of Miami Beach City Hall 1700 Convention Center Drive, 3~d Floor Miami Beach, Florida 33139 3.5 COMPLIANCE WITH CITY'S LIVING WAGE LAW CONTRACTOR acknowledges that it shall be required to comply with the provisions of the City's Living Wage Ordinance, pursuant to Chapter 2, Article VI, Division 6, Sections 2-407 through 2-418 of the Miami Beach City Code, as same may be amended from time to time. CONTRACTOR shall be required to pay all of its employees who provide Services pursuant to this Agreement, a living wage of no less than $8.56 an hour plus at least $1.25 an hour towards health benefits for a total minimum value of $9.81 an hour, or a living wage of no less than $9.81 an hour without health benefits. CONTRACTOR's failure to comply with the Living Wage Ordinance shall be deemed a material breach under this Agreement, under which the City may, at its sole option, immediately terminate the Agreement, and may further subject CONTRACTOR to additional penalties and fines, as provided by the Ordinance (as same may be amended). The most recent copy of the City's Living Wage Ordinance is attached as Attachement "D" hereto. Notwithstanding the preceding, it shall be CONTRACTOR's sole responsibility and obligation to familiarize itself with the Living Wage Ordinance, as well as any subsequent amendments thereto. SECTION 4 GENERAL PROVISIONS 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 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 is 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, ordinances, and regulations of the City, Miami-Dade County, State of Florida, and Federal Government. 4.2 PUBLIC ENTITY CRIMES A State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(x) 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 (TERM) 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. At its sole discretion, the City may renew this Agreement, upon the same terms and conditions, for up to three (3) 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). 4.3.1 Commencing on October 1, 2007, the Hourly Billing Rate Schedule shown in Attachment "B" Price Proposal, may be adjusted annually, at the City's sole discretion and judgment, based upon the Miami -Fort Lauderdale Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying the ratio of the April index divided by the previous year's index by the Hourly Rate Schedule to define the new Hourly Rate Schedule. If increased by the City, the maximum annual increase will be limited to three percent (3%). The increase to the billing hourly rates will be at the City's sole discretion and only following evaluation of the Contractor's performance during each year throughout the term of this Agreement. 4.4 TIME OF COMPLETION The Services (or any portion thereof} to be performed by the CONTRACTOR shall only be commenced upon receipt of a Notice to Proceed provided by the City for each Work Order issued. Contractor's duty to perform the Services shall be ongoing for the term of the Agreement, on an as needed basis. 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- CONTRACTOR's, or any other person or entity acting under CONTRACTOR's control, including with out 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 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 bylaw, 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 CONTEMPLATED IN SECTION 2, A PARTICULAR WORK ORDER, AND /OR THE PROPOSAL DOCUMENTS, 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 7 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. 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 subcontractors 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. 8 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 FEMA's billing and invoicing requirements and compliance with the City's Living Wage Ordinance. CONTRACTOR shall maintain any and all records and accounts 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 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. 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. 2. Worker's Compensation: A policy of Worker's Compensation and Employer's Liability Insurance in accordance with the State of Florida Worker's Compensation laws and, if required, applicable provisions of Federal Law. 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. 9 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-contractor's, and any other person or entity acting under the direction or control of the CONTRACTOR including with out 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 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. 10 employed by the CONTRACTOR. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. 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: Beck Disaster Recovery, Inc. Attn: Charles "Chuck" M. McLendon/President, COO 800 North Magnolia Avenue, Suite 400 Orlando, Florida 32803 (407) 422-4911 TO CITY: Fernando Vazquez, PE, City Engineer City of Miami Beach City Hall 1700 Convention Center Drive, Ord 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. 11 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 exhibits hereto including without limitation, Request for Proposals (RFP} No. 16-05106, together with all amendments thereto, and CONTRACTOR's response to the RFP (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 Proposals No. 16-05/06, 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. 4.1$ 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 CONTRACTORfor damages in an amount in excess of $1,000 for any action or claim for breach of contract arising out of the performance ornon-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 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 with out 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 /or the provision of services hereto. 12 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: By: d City Clerk Robert P rcher ~, Date FOR CONTRACTOR: ATTEST: n By: ecr ary Jonathan Schaefer Matti Herrera Bower Mayor a~ ~' Date BECK DISASTER RECOVERY, INC. President Charles M. McLendon Print Name Print Name July 24, 2008 July 24, 2008 Date Date Exhibits: Attachment "A" -Work Order Attachment "B" -Price Proposal Attachment "C" -Insurance Checklist Attachment "D" -The Living Wage Ordinance Attachment "E" -Commission Agenda, Addendum No. 1 thru 10 thereto Request for Proposals No. 16-05/06, and Contractor's response to the RFP. Attachment "F" - FEMA Guidelines Attachment "G"- Contractor's Risk Assessment and Quality Control Plan Attachment "H"- Form 1273 F:IPURC\$ALL1RomanlRFP1RFP16-05-06\Contract\BECK DISASTER.doc 13 APPROVED AS TO FORM & LANGUAGE & FOR CUTION ~'~ 7 f orn e m MIAMIBEACH City of Miami Beach, 17Q0 Convention CenFer Drive, Miami F3earh, Florida 331,39, w~~+nv.miamibeachfl.gov PROCUREMENT DIVISION W®RK ORDER Tel: ?05-573-i49U, Fox: 3U5d73-7851 ~~ATTACf~MEI`*1T A" Work Order Number: TO: Beck Disaster Recovery, Inc. Attn: Charles "Chuck" M. McLendonJPresident, COO 1000 Legion Place, Suite 1100 Orlando, Florida 32801 Pursuant to the Agreement between the City of Miami Beach and the above named firm for EMERGENCY DISASTER DEBRIS MONITORING SERVICES PURSUANT RFP-16-05106 (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 [ J 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 14 m MIAMIBEACH City of (+Ainmi 13eoch, 17UU Convention Center brivP, 1`vliami 5each, Florida 33139, www.miamii~eachR.gav PR~CUREAAENT DIVISION (al: 3U5b73-id9a, Fcx: 3U5-b7:i-7851 PRICE PROPOS,d,L "ATTACHMENT B" Pursuant to and in compliance with the Proposal Documents, the undersigned hereby agrees to furnish all Labor, Materials and Equipment for performance of the services (or portion thereof) contemplated by the RFP. Price Proposal as Submitted to the City via RFP response Personnel Number* Da s~ Hours' Rate Labor Fee Expenses Field Inspectors 6 120. 6969 $45.00 $313,605.00 $0 Project Manager 1 120 121 $115.00 $13,915.00 $D Tower Monitor 1 22 774 $50.00 $38,700.00 $0 Data Ent 4 120 9440 $35.00 $50,400.00 $0 Field Coordinator 1 90 324 $70.00 $22,680.00 $0 DROMS Anal st 1 40 $110-00 $4,400.00 $0 Totals $443,000.00 $0 Total Labor Fes: $443,700.00 Total Expense Fee: $0 Grand Total: $443.700.00 ('Please note That these amounts may vary according to the severity of the disaster.) Additional Personnel Categories for Emergency Disaster Debris Monitoring Services, including Pre- Event Planning and other Solid Waste Management Consulting Services. To the extent that the City of Miami Beach requests Beck Disaster Recovery, Inc.'s assistance for services other than field services associated with disaster monitoring (such as the development of a disaster debris response plan or assistance in .debris contractor procurements and project management) the following hourly rates would apply: Personnel Classification Hourly Biliin Rate Senior Planner Senior Analyst En ineer __ Analysts SEE ATTACHMENT B Assistant 1=n ineer Assistant Analyst ADDITIONAL PERSONNEL CATERGORIES Ana! ical Aide Procurement S ecialist _ Other Personnel: 15 PRICE PROPOSAL "ATTACHMENT B" ADDITIONAL PERSONNEL CATEGORIES Schedule of Hourly Labor Rates for Preparedness, Response and Recovery Planning and Consulting Services To the extent that the City requests Beck Disaster Recovery, Int.'s (BUR) assistance for other than field services associated with disaster monitoring (such as the development of a disaster debris response plan or assistance in identifying TUSRS) the following hourly billing rates would apply. The fees for these services can be provided to the City on a taxed fee or time and materials basis. Non-labor related expenses will be invoiced at cost, without mark-up. Hourly Labor Rates for Other Consulting Services* Compensation for Public Assistance Consulting Services To the extent that the City requests BDR to assist in non-debris monitoring related Public Assistance cost recovery consulting services associated with cost recovery for FEMA Categories B through G associated with repairs to critical infrastructure such as roads, utilities, parks etc., staff overtime and City equipment usage the following rate structure would apply. When the City engages BDR for Public Assistance Consulting Services in the immediate post-disaster period, BDR will assist the City in maximizing federal and state reimbursement including such services as damage assessments, thorough identification of eligible projects and work, cost estimating, preparation of project grant applications, collection of necessary documentation to support grants applications, insurance reviews and segregations, hazard mitigation opportunities, and staff training. BDR will perform these services as requested by the City on a time and materials basis according to the proposed consulting rates listed below. The City and BDR may mutually agree to an alternative compensation structure based on a percent-of-dollars- recovered basis. The percentage would be mutually agreed to by both parties after review of the unreimbursed costs to the City for which the City seeks BDR assistance in recovering such outstanding costs. Hourly Labor Rates for Public Assistance Consulting Services* Rates are subject to annual adjustments on the anniversary date of the contract in accordance with the U.S. Consumer Price Index. Rates are subject to annual adjustments on the anniversary date of the contract in accordance with the U.S. Consumer Price Index. ~ MIAMIBEACH ~BP1Y ~f lTlfdtYlB S@®C~'f, 1100 Com~ention Center Drive, Miami Bench, Florida 3'?139, wrvw.miamibcachfd.gov f~kocukEMENT t~ivi~~ic_~r~ INSURANCE CHECK LIST Tel: 31;.5-hi 3-7A90, Fox: 305-67:i-i t351 rt~-`-~-~~~~~~~- ~rr XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida and U.S.L. & H /Jones Act per Federal Law (If required). 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. XXX3. Automobile Liability - $1,000,000 each occurrence -owned/non-owned/hired automobiles included (To be provided with the executed Agreement). 4.Excess Liability - $ . 00 per occurrence to follow the primary coverage. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value Liquor Liability _ Fire Legal Liability Protection and Indemnity Employee Dishonesty Bond XXX Professional Liability XXX 7.Thirty (30) days written cancellation notice required. XXX 8.Best's guide rating B+: VI or better, latest edition. $ .00 $ .00 $ .00 $ .00 $ .00 $1,000,000 .00 XXX 9.The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. Contractor's Name Signature of Contractor's Representative (Please attach a copy of the insurance certificate) 16 Attachment "D" City's Living Wage Ordinance 17 ~ MIAMlBEACH CITY OF MIAMI BEACH .. NOTICE OF PUBLIC HEARING ~S Mkmi Inquiries may be directed to the PsrWng Department at (305) B73-7275. to:zo a.m. M Ordinance Amendirp Cheptsr 48 OI 7hs Clry Of Mieml Beach Code By Adding Article 6 The-eot Entitled '1Lrtle NaUng Prolaclbn Ordinance," Eehbliahtnp Regulations Fo- Lighting And Clthsr Activities On Properties Abutting Or Atlaetlrq Tha Beach, Inducting East CMThe Coastal Conatnutlon Cawol tine, For The Protection Of Sea And Marine 1Urtlsa, Endangsrsd Species Naating On Miami Beach. Inqulrbs may be directed to ihs Pubik Works Department at (305} 873-7080. 4ntllortt,' Irtice tl, May BB Inquiries may t» dlrak.Yed to the Ctty Attamay'a OMIa at (306) 673.7470. ti:t+lK p.m. An Orcfinanes Amending The l.snd Development Regulations Of The Code Ot Ths Cttyy CM Mlamf Beach. Florida, Chapter 142, 'toning Districts And RspulaUdns." DNlaan 2, "RS-t. RS•2, RS•3, RSA 9ingls-Family Realdsntlal Oiatrrcts," By Amending Lot Coverage, Structure Slza, Builyding Height And Setback Requlrert»nta For New 5 Family Resklentlal Constnsctlon And By Amending Ths Criteria And Procedural Thresholds For rths Aeviaw And Approval iDf New Sinple•Famlly Realdsnnal Construclbn Inclusive Of TM Creation Of A New Sk+gle-Family Residential Review Panst. Inquiries may na directed ro the Planning Department at (305) 673.7550. INTERESTED PARTIES aro irn~itad 1~ appear at this meeting, or be r sealed by an agent, or to express their views in writing addneted to the Clty ComnNtNOn, c1o the City Clerk, 1700 Conwntlon Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33198. Cowes of these ordlnanoss are awllsde for public inapectlon duringq normal business hours In the CMy Cler 's Gies, 1700 Corrverrtbn Center Drive, tat Floor, City Halt, and Mteml Beach, Fbrlda 33136. This msetirtp may be conUnwd and under such circumstances addltbnal legal Holies would rat be prlvided. RobeR E. Percher, City Clerk City of Mlaml Beach Pursuant to Ssctlon 786.0105, F4 appeal any deasion made by the C hesring, each parson must ensure the tsdimony and wldanca upon k by the City for tM Introduction or authorize challenges or appeals no advisee tF+e publb that: if a person dM wct to arty matter eonsldered al its meal; the procesdingc ii made, which record i based. TMs notice does not oonstttuts inadmissible or Imievant evidence, nor To request this material fn acceselble format, sign language interpreters, iMormation on access br pareone with dlaabilitkts, and/or srty axommodatlon to review any dceumsnt or partldpats In arty chy-sponsored procaedinp, pieass contact (30.5) 804.2489 (vela), (906)673-7218(T7Y)11vs days In advance m inmate your regwsl. TTY users msy aieo call 741 (Florida Relay Service). Ad M3f1! r N 1 F- 1 I I. I ~I '~ E V E m f Inquiries may be directed to the Procurement Division at (305) 6737490. 10:10 a.m. An Ordinsnce Amending The bind Dewloprrtsnt RegkrlaUOna Of Ths Code OI Ths City Of Miami Beach, By Amending Chapter 115, 'Adminlstratlon And Revlsw ProcedurN', Article II, •Boarde", Division ~, 'Historic Prsservatbn Board', Section 118-108 To Modlly TM Rsquinmerds For Approvab Ot Carllficates OI Appropriafenese. Inquiries may be directed to the Planning pspartrnarrt st (305) 873.7550. Irtquirla mrry be dker.'bd to drs Planting Department at (303} 673.7550. ORDINANCE NO. 2flfl1-3301 AN ORDINANCE OF THE MAYOR AND C1TY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING DIVISION 6, TO BE ENTITLED "LIVING WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES", OF ARTICLE VI, ENTITLED ~~PROCIUREMENT", OF CHAPTER 2 OF THE MIAMI BEACH C1TY GODE ENTITLED'~ADMINISTRATION", BY ESTABLISHING A LIVING WAGE REQUIREMENT FOR CITY SERVICE CONTRACTS AND ESTABLISHING A LIVING WAGE FOR CITY EMPLOYEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, ANA AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach awards private firms contracts to provide services for the public. The City also provides financial assistance to promote economic development and job growth. Such expenditures of public money also serve the public purpose by creating jobs, expanding the City's economic base, and promoting economic security for all citizens; and WHEREAS, such public expenditures should be spent only with deliberate purpose to promote the creation of full-time, permanent jobs that allow citizens to support themselves and their families with dignity. Sub-poverty level wages do not serve the public purpose. Such wages instead place an undue burden on taxpayers and the community to subsidize employers paying inadequate wages by providing their employees with social services such as health care, housing, nutrition, and energy assistance. The City has a responsibility when spending public funds to set a community standard that permits full-time workers to live above the poverty line. Therefore, contractors and subcontractors of City service contracts should pay their employees nothing less than the living wage herein described; and WHEREAS, in addition to requiring living wages far City services provided by private firms, the City wishes to serve as an example by providing a living wage to all City employees. NOW, TIiEREFORE, BE 1['I' DI3I..Y ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA A5 FOLLOWS: ~ECTiON 1. That Division 6, to be entitled "living Wage Requirements for City Contracts", of Article VI, entitled "Procurement", of Chapter 2 of the Miami Beach City Code entitled "Administration" is hereby created to read as follow: 1 of 9 Chapter 2 ADMINISTRATION *** Article VI. Procurement *~* Division 6. Living Wa,€,e Requirements for Service Contracts and City,Etn,Qlovees *** Section 2.40'1.l~esep~ Deft tto benefits or as ~ in~epe~}¢et~t co,~tra,~tor. ~ "Covcred Emplovct" means the Cif, ar~pd aqy and all ~rvice Con~ctors whetbcr contractin¢ directly or indirectly with the City, and s~bcol}t~,~ors of a Service Contractor (d} "Service Contractor" is an individual, business e, r~tity, corooration (whether for grofit or not for profit}. partnersl~jp, limited liability comQanv. faint venture. or similar business whom conducting busitt se s in „Miami Beach, or Miami Dade County ~d mee one (l~f the two (2) following criteri,~ (i } The Service Contractor i s: (a) directly or indirectly. whe~,~y c4rnp~~ivo bid process informal bids. requests forpfg~salg, some ~n of solicitation negoti~,tion,Lor agreement, or any other decisio3l tp inter into a contract: or {b} enQaeed in the business of. or pa*t of. a on ~t tQnrovidg,, a stz~eontract to urovide or ~jrnilarly situa to p~ovi4le services Pte: (e,~ "Covered Services" axe the ~ of services pu teased by the City that ~pJ4ct~st the Ltd, ,~~ionta of this Division. which ineiude the following (1} food n~ ion at>~or distribution: ~ security services• ~) routine maintenance se~v~,c~ s has custodial, cleaning, com_pyilers.~use removal. reP~1l', refinishine, anc~ recycling; 2of9 (4) clerical or other ~,on-sup~sory office work,,_whether tetr~norarv or neRnanent: ~5) transpq~~Qn e~~ narkin8, services• ,~6) pn'nting,_and rcp~fg~tion s~vic~s: (~,~ landscapi~,g, Lawn. and or agr~cultura serv_'ces; and (8~,park and public place mainlg~a~ce SECTION 2-408. Iiese~ve~ LIVING WAGE ~a) Livlns VY~ ]Pails (1) 5ervlice tetra ors. All Service ~on~ctors, as 4lefine¢ by this Div~on. enterintt into a contract with the living wade of not less than $9.81 an hour without h lth ben ~ts,,,,as described in this Section. it would ngt be fiscally sound to implement the CPI-U in a p,~ticular Rear. 3of9 benefits must be ,~ubt~,itted to the awarding authority to qualify for the w~8,e rate for employees with health bcn~ts. (d) Certillcatlott Reaulred Before Pavmenk Anv and all contracts for Coverod Services shall be void, and no funds may be released. unless prior to entering ~Yag~mq~r- with the City for a Covered Services contract. the employer certifies to the City that it will flay e~h of its emp,~yees rw less than the livingwagc descri din Section 2-4Q8 {a). A copy of this certificate must be made available to the public upon request. The certificate, at a minfmum, must include the following; ~1L~hr name. Address, and phone number of the employer, a local contact person, and the specific pfojtct for which the Covered Services gQntract ~~1 (21 the amount of the Covered Services contract and the City Department the ~gntract will serve; (3) a brief dgsctyn~~, of the project or service provided: (4) a statement of the wgg~ Ievels for all employees: and payroll doduotions as are directed Qr p.~Ette¢ by law Qr ~Y a collective bafgaining aQrcemcnt). The Covered Employer shalt nay Covered Employees wags rates in accordance with federal and alt other aanlicable laws such as overtjme and similar wagg laws. Covered Employ,~,gg~ lg~be stwnlied to the emp~yoe within a t~easonabk limo after employer. an attorney. or the City of Miami Beach." Al! notices will be printed in En lig sh, Spanish. and Creole. rgquirtd under any.p~yaiting wags law. dof9 SECTION 2-449. Iieseryed- (a} Procurement SAeciflcations. The living_waRe shall be required in the vrocurement specifications for all City service contracts for Covered Services on which bids or nr+opoc9ls shall be solicited on or after the effeplive daft of this Division The urement stxcificationa for apvlieable Covered Services contracts shall include a requirement that Service Contractors and their subcontractors agree to produce all documents and records relatin~Rayro and compliance with this D~yision upon request from the City. All Covered Service contracts awarded subsequent to t11e date when this Division becomes effective. shall be subicct to the requirements of this Division. (b) Information Diatributedt Ail requests for bids or requests for nrovosals for Covered Services contracts of SI00.000 or more shall in,~~de appropriate information about the requirements of this Div;~~t (1 } the name and address of each hovered Employee; S2) the lob title and elassif::cation: (3) the number of hours worke~gach day; (4) the gross wag~~g~rned and deductions made; thereof: ('7) a record of frinag ¢enefit payments including contributions to time to time. (d) Retwrtins Payroll. very ~ix_15) months. th~Covened Emnlover gall file with the anx,pcriod covered by the Covered Service contract. records as needed to ens n comnli SECTION 2-410. ~ COMPLIANCE AND ENFORCEMENT. (e) Service Contractor to Grata The Service Contractor shall Hermit City emQlo~es. agents. or ttipresentatives to observe work being,nerformed at. in or on the project or matter for which the Service Contractor has a contract. The City representatiYes rnav examine the ¢Q ko s an-d rec ,fds of the Service Contractor relatin¢ to the employment and p~y~gll to determine if the Service ContractoF is in compliance with the provisio~~,of lhig Division. Sof9 (b Comnla[nt urea, and Sanctions. fl) An employee who believes that this Division apglies or app, to him or her and S~ the Service ~on~ract4r or the City i~ or was not eortrolving with the tggg~rements of this Division has a right to file~co~l 'nt with the Pznc~rc~cnt (2) Anv individual or entity may also file a complaint with the Procurement Director of the City on behalf of an employee for investigation by the City rcyressnted by counsel, s~-b~r it re]~vant evid~ncescross examine witnesses and object to evidence. (5) The proceedings shall be r~cvrded and minu4~ kept by the City Any ~e y~ce 5of9 disclosed s+vithout the written consent of the employee ~o fie, e~xte~t a, llnwed~, b : th_ orida ~~ (3) It shall be the nesp4nsLbility of the City to investigate all allegations of violatiQ~s of .this Division within thirty (30) days. If. at env time the City itp~~ investi 'on determines that a violation of this Division has occurred it shall within ten (t0) working lava of a findingof neon-compIianee, issue a notice of corrective action to the emolover snecifving~~reas of pan-compliance and deadlines for resolutions of reasons and figdin~s of fact. Service Contractor shall deai~~ate in writing (9) if a Service Contractor fails to seek timel~avpellate review of an order of the ~Z ~) Sanctions Against Service ContraMors. For violations of this Division, the City s all sanction a,~,~yice Contractor by~~j~,g the Servic~Contxactor tq pay„yKage restitution ,fit the employers expense for each affected employee ~,l},d may access the following: (1) The City may impg~ damages in the sum o~ $500 for each week for each employee found to have not been paid in accordance with this Division; an or f~2 a Ci ay declare the employer ineli>ible for future service cont~~ ~Qr throe (3) y~Qr until all penalties and restitutiQ~,iave been paid in full, whicheY~r is longer. In addition, all employers shall be ineligible under this section where prin~~p~, Officers of the employer wen principal offices of an e~~loy~r who violated this Division. (e) Pubik Recq~Qf Sanctions, All such sanctions recommended or imposed shill be a matter of public record. (f) Sanctions for Aldine and Abettings„ The sanctions in Section 210 (c) shall also apply to any party arsatties aiding and abetting in~~,Y,yiQlation of this Division. 7of9 c shall result in r o restitution an a of a h Covered Employee wit~back pay to the date of the violation or such other relief as deemed avprogfj~~ fh) Enforcement Powers. If necessary for the enforcement of this Division, the Citv records necessary for hearing, investigations, and proceedings. In cash of did fence of the subpoena, the City Attorney may apply to a court of competent jurisdiction for an order ~guiri~ the attendance and 4gstin}onv of witnesses and production of books pacers records, and documents. Said ~~. in the base of the refusal to obey such subpoena. after noxi~e to the person subpoenaed, and upon finding that the attendance or testimonYof such wimesscs of the production of such books. papers, records. and documents. as th~ease may ~, is relevant or necessary for such hearinQS. investigations, or proceedings. may issue an order requirine the attendance or ~e~I~~,py of su h witnesses or the production of such documents and an~+ vviolation of the court's order maY be vunishable by the court as contemvt thereof. (i) Remedies Herein Non-Exclusive. No rvemedv set forth in this Division is intended to be exclusive or a Qre~uisite for asserting a claim for relief to enforce the~}g~its under this Division in a court of law. This Division shall not be construed to limit an employee's ri ig_~t to bring a common law cause of action for wrongful termination. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same arc hereby repealed. SECTION 3. SEVERAB,~LITY. If any sxtion, subsection, clause, or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CQDIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be returned. 8 of 9 SECTION S. IEFFEC~TVE DAVE. This Ordinance shall take effect on the z8ch day of April _ , 2001. PASSED and ADOPTED this 18th day of April , 2001. MAYOR ATTEST: ~ ~, l,l.~ ~l, 1. C~~_ CITY CLERK !st reading 2nd reading XX Ordinance No. 2001--3301 APPROVP.D AS TO FORM & LANGUAGE & FOR EXECUTION .- --v ity Attorney ~ Date COILtYtYllsuLLAW~W,~v7Mr...~.1rf.M~Nwy xr aA.r+FlW vWo.~r 9of9 ORDINANCE NO. 2003-3408 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT"; BYAMENDING DIVISION 6, ENTITLED "LIVING WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES";BY AMENDING SECTION 2~08(b), ENTITLED "HEALTH BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM PERIOD OF TIME FOR THE "ELIGIBILITY PERIOD", AS SAME IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR MAY QUALIFYTO PAY A NEW EMPLOYEE THE ;8.5$ PER HOUR WAGE SCALE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City awards contracts to private firms to provide services for the public and also provides financial assistance to promote economic development and job growth; and WHEREAS, such expenditures of public money also serve a public purpose by creating jobs, expanding the City's economic base, and promoting economic security for all citizens; and WHEREAS, such public expenditures should be spent only with deliberate purpose to promote the creation of full-time, permanent jobs that allow citizens to support themselves and their families with dignity; and WHEREAS, sub-poverty level wages do not serve the public purpose, and such wages place an undue burden on taxpayers and the community to subsidize employers paying inadequate wages by providing their employees with social services such as health care, housing. nutrition, and energy assistance; and WHEREAS, the City has a responsibility when spending public funds to set a community standard that permits full-time workers to live above the poverty line, and therefore, contractors and subcontractors of City service contracts must pay their employees nothing less than the living wage herein described; and WHEREAS, in addition to requiring living wages for City services provided by private firms, the City wishes to serve as an example by providing a living wage to all City employees. NOW, THEREFORE, BE IT DULY ORDAINED 8Y THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. AMENDMENT OF CITY CODE That Section 2-408(b), entitled "Health Benefits", of Division 6, entitled "Living Wage Requirements for Service Contracts and City Employees", of Article VI, entitled "Procurement", of Chapter 2, entitled "Administration, of the Miami Beach City Code is hereby amended to read as follows: Chapter 2 ADMINISTRATIQN *~ Article VI. Procurement ..* Division 6. Living Wage Requirements for Service Contracts and City Employees ... SECTION 2408. LIVING WAGE (1) (2 } SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repeated. SECTION 3. SEVERABILITY. if any section, subsection, clause, or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall became and be made a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be returned. SECTION 5. EFFECTIVE DATE. PASSED and ADOPTED this 30th d2 ATTEST: CITY CLERK 1st reading 2nd reading T:IAGEM~A120031apr0903VegularLLlving wage Prot Par 04 03 ord.dx .w..,,,,., .. APPROVED AS TO iii a luurou~-c3e aii~n®~ ~~~ CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS i~ i THE 1NCf,FOR CLAS; JNCREASING ON TO HUMAN RESOURCES TECHNICIAN 1, PERSONN0. TECHNICIAN 1110 HUMAN RESOURCES TECHNICIAN h, PERSONNEL RESOURCES TECHNICIAN III; PROVIDING FOR A REPEALER, SEVERABIUTY, EFFECTIVE DATE, AND CDDIFICATlON. CHAPTER 2 DF THE MUIMI BY AMFNOINO DIYISiON 8, Inraukles may be dlracted m the Human Resourtxe at 1305) 673-7470, BEACH CITY InQutAea may be directed to the NeiQlWarhood SeMces at (305)604-2488 All MITERESIEO PARTIES are Invited >b aooear at this meetiae. a ee reorese BY AMENOIfni FOR MITIGATION or to eapress their vtewa Mieml Beach, Forida 3 warwwee are areneae rw puoMC nepec[wn wmg rgrrilar DUelnetS nelrr8 MI oflE taty caera~e finite, t 700 Convention Center Drive, tat Floor, Clry HeN, talaml Beach, Fbdde 33139. Tha meeting may be oootblued and under such C4CUmatarwres addttional legal rbtlce would ral be provided. Robert E. Portlier, Coy Clerk Cly d Mlarnl Bsach Pursuant b Section 286.0105, Fla. Slat., Iha City Hereby advises IM public tltst: if a person decides b appeal any decisbn made br tM Gqt Ctunntieaion with respell to any matter coroidered at lta mseling or Ito hearMtg, such person must ensure loft a verbatim record of the proceWingt (s made, whict- record includes flte teatlmorly and evidence upon which Me appeal b to be based. This notice does not conetltlrte coneent by the Gh for the Udrodudbn a admission o} otherwise Inadmissible a Irretevam evidence, nor does K autharlte challenges ar appeals not othervviee aNOwed bylaw. b accordance v+dM the Amerigns wM DbabHitiae Act or 1990, persons needing 1plciat accommodation to paAiclpate M bis proasdNtg, or m request inMrmatbn on access for persona with disaMlitiae, Dr to requsel this publication b accessible IormaL or b reptlelt 1qn Iangwrlgs InWprelera, should contact the Gly Gsrk'a otflce at (305).673-741 i, ao later Than four days prior to the proceeding, if tyrtarylg impaired, wntarx the txty Gerk s office vie the Fbrida Relay Service numbers, (~?955-877i (TTY) a (800) 955.8770 (VO1Ct7. Ad 101651 ~ : ~, ~ • ~ . ~ .:... ..r i~ • t •_ d e ~° e NOTICE IS NEf1EbY gwen that public trlarings wilt beheld by the Mayor and Cily Commission of the Ctty of Miami Beach, Florida, is the Commission Chambers, 3rd floor, C>h Haa, t 700 Convenibn Canter DrMo, Mtaml Beach, Florida, on YMednesMY. AprN 3D, 2003, at tBu tbrtas Ibtad babes t0 eonaider the following on first readirq: cITY of MIAMI 9EACH COMMISSION ITEM SUMMARY ' Condensed Title: M Ordinance amending the Living Wage Ordinance to provide a maximum health benefits eligibility period during which a contractor may pay a new employee the lower $6.58 rate. Shall the City Commission create a consistency between the City and the Cites contractors as to maximum eligibility peNod for health benefits during which a contractor mey pay a new employee the lower $8.56 rate? tem SummarylRecommendatlon: _ Ordinance was approved by Commission 419/03 and second reading, public hearing was set for 4130//)3. By adopting this Ordinance amendment, the Living Wage Ordinance wiil belterensure that contractors and subcontractors follow the Intent of the Living Wage Ordinanoe, continuing to set a communitystandard that Source of Funds: F ante Dept. OffICO • Da~ilntmenit glrec~et'~ rnt:Cltj~'Min~l'Drr " ~. ; Cisty:IfM~iSa~er ~' ~~,,~ ~oS T.C.A ~~~. T:17~ENDA52003~apr3o031repulaN.lvlnq Wage 91d Prob Yer o4 03 sumZ.doc / / ~ 3 AGENDA lTiEM S DATE v -o CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MfAMI BEAGH, FLORIDA 33139 . ~- COMMISSION MEMORANDUM To: Mayor David Dermer and Data: April 30, 2403 Members of the City Commission From: Jorge M, Gonzalez City Manager ~ N' ~ SECOND READING PUBLIC HEARING subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT"; BY AMENDING DIVISION 6, ENTITLED "LIVING WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES"; BY AMENDING SECTION 2- 408(b), ENTITLED "HEALTH BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM PERIOD OF TIME FOR THE "ELI{31BILITY PERIOD", AS SAME IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR MAY QUALIFY TO PAY A NEW EMPLOYEE THE E8.86 PER HOUR WAGE SCALE; PROVIDING FOR REPEALER, SEVERA6ILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the Ordinance. ANALYSIS The City has a responsibility when spending public funds to set a community standard that permits full-time workers to live above the poverty line. In an effort to achieve this goal, contractors and subcontractors of City service contracts must pay theiremployees nothing less than the living wage. Such expenditure of money also serves the public purpose by creating jobs, expanding the City's economic base and promoting economic security for all citizens. General Criteria of Livine Waas Ordinance The intent of a Living Wage continues to be to provide salary rates for full time employees equivalentto the poverty level plus 10%, and therefore, eliminate sub-poverty level wages. The Ordinance provided for a salary of $8.56 per hour for employees who already nrceive health benefits and $9.81per hour for employees without health benefits. The Living Wage Ordinance applies to City employees, contractors, and subcontractors of City service contracts of $100,000 or more. Per Section 2-408 (b) of the Living Wage Ordinance, "If the health benefits plan of the Covered Employer or the City requires an initial period of employment for a new employee to be eligible for health benefits (eligibility period), such Covered Employer or City may qualify to pay the $8.56 per hour wage scale during the new employee's initial eligibility period provided the new employee will be paid health benefits upon completion of the eligibility period." City of Miami Beach employees are eligible for health benefits after 90 days of employment. This means that the City is permitted to pay an employee the lower $8.56 rate during those first 90 days of employment because the employee will be eligible for health benefits on the 91 st day. If the new employee is not be eligible for health benefits, then the City must pay the higher rate of $9.81 beginning on the first day of employment. It is proposed that the Ordinance be amended to have a consistent provision for contractors as to the maximum eligibility period. The proposed Ordinance amendment would permit contractors to pay a new employee the lower rate during the first 90 days of the eligibility period. If the contractor's eligibility period is greater than 90 days, then, commencing on the 91 st day of the eligibility period, the contractor will pay the employee the higher rate of $9.81 until the employee receives health beneffts. CONCLUSION By adopting this Ordinance amendment, the Living Wage Ordinance will better ensure that contractors and subcontractors follow the intent of the Living Wage Ordinance, continuing to set a community standard that permits full-time workers to live above the poverty line. JMG:MDB:TCA:GPL T:V-GENDA12ppg1ap~pp9Yeyula~Ylivinp Wage 91d prob pa 04 03 mem2.doc Attachment "E" Commission Agenda, Addendum No. 1 thru 10 thereto Request for Proposals No. 16-05106, and Contractor's response to the RFP. 18 RESOLUTION NO. 2006-26261 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS; AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AGREEMENTS, PURSUANT TO REQUEST FOR PROPOSALS (RFP} N0.16-05/~DS, FOR EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS, UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS, WITH ANY OR ALL OF THE FOLLOWING FOUR (4) FIRMS: 1 }BECK DISASTER AND RECOVERY, INC.; 2) MALCOLM PIRNIE, INC.; 3) CRB GEOLOGICAL 8~ ENVIRONMENTAL SERVICES, INC., AND 4} CAMP DRESSER AND MCKEE, INC. WHEREAS, the Federal Emergency Management Agency {FEMA) provides public assistance funds for debris clearance, removal and disposal operations; and WHEREAS, in order for the City of Miami Beach to receive assistance for disaster debris removal, the City must implement a debris removal moni#oring service; and WHEREAS, on April 11, 2006, the Mayor and City Commission approved the issuance of Request for Proposal (RFP) 16-05/06 for Emergency Debris Monitoring Services; and WHEREAS, the purpose of this RFP was to select several firms that could provide Emergency Debris Monitoring Services as required by the City and FEMA; and WHEREAS, RFP No. 16-05/06 was issued on April 12, 2006 with an opening date of June 9, 2006; and WHEREAS, eleven (11) proposals were received in response to the RFP, by the following firms: ^ American Consulting Engineers of Florida; ^ Avart, Inc.; ^ Beck Disaster Recovery, Inc.; ^ Camp Dresser and McKee, Inc. (CDM); ^ Consul Tech Construction Management, Inc.; ^ CRB Geological & Environmental Services, Inc.; ^ GBF Engineering, Inc.; ^ Keith & Schnars, PA; ^ Malcolm Pirnie, Inc.; ^ Post Buckley Schuh and Jernigan (PBS & J}; • Tubosun Giwa & Partners, Inc.; and WHEREAS, an Evaluation Committee was appointed by the City Manager via Letter to Commission (LTC) No. 156-2006, consisting of the following individuals: • James Sutter, Internal Auditor, City of Miami Beach, (Chair); • Jackie Fernandes, Middle Beach Resident, and Neighborhood Leadership Academy Graduate; • Fernando Vazquez, City Engineer, City of Miami Beach; • Suzanne Stolar, South Beach Resident, and Neighborhood Leadership Academy Graduate; • Cliff Leonard, Risk Manager, City of Miami Beach; • Alberto Zamora, Sanitation Director, City of Miami Beach; • Gisenia Gonzalez, South Beach Resident, and Neighbofiood Leadership Academy Graduate; and WHEREAS, on June 20, 2006, the Evaluation Committee convened and discussed the qualifications and credentials as well as various options in ranking all eleven (11) responsive firms; and WHEREAS, the Evaluation Committee was unable to rank all firms on the first meeting, so a second meeting was scheduled for June 26, 2006 to shortlist and finalize the ranking of firms; and WHEREAS, on June 26, 2006, the Evaluation Committee convened and unanimously shortlisted the following six {6) firms to provide presentations to the Evaluation Committee on June 29, 2006: ^ American Consulting Engineers of Florida; ^ Beck Disaster Recovery, Inc.; ^ Camp Dresser and McKee, Inc. (CDM); ^ CRB Geological 8~ Environmental Services, Inc.; ^ Malcolm Pirnie, lnc.; ^ Post Buckley Schuh and Jernigan (PBS 8~ J); and WHEREAS, Post Buckley Schuh and Jernigan (PBSB~J) communicated to the City's Procurement Division, their request to withdraw from this RFP process and acknowledged that they would not receive any further consideration in reference to this RFP; and WHEREAS, on June 29, 2006, the Evaluation Committee convened and after all firms provided their presentations, the Committee members discussed the firms qualifications, experience, and competence, and ranked the firms accordingly: 1) Beck Disaster Recovery, Inc.; 2) Malcolm Pimie, Inc.; 3) Camp Dresser and McKee, Inc. (CDM); 4) CRB Geological & Environmental Services, Inc.; 5) American Consulting Engineers of Florida; fi) Post Buckley Schuh and Jernigan (PBS 8~ J); and WHEREAS, the Committee voted to recommend to the City Manager that the Administration proceed to negotiate contracts with the top three ranked firms; and WHEREAS, the City Manager has reviewed the Evaluation Committee's recommendation, and upon his due diligence in evaluating the ranking, has made the following amendment to the final ranking of firms: 1) Beck Disaster Recovery, Inc.; 2} Malcolm Pimie, Inc.; 3) CRB Geological & Environmental Services, Inc.; 4) Camp Dresser and McKee, Inc. (CDM}. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking of firms and authorize the Administration to negotiate agreements, pursuant to Request for Proposals (RFP) No. 16-05/06, for Emergency Disaster Debris Monitoring Services for the City of Miami Beach; and further authorize the Mayor and City Clerk to execute the agreements, upon completion of successful negotiations, with any or all of the following three (4) firms: 1) Beck Disaster and Recovery, Inc.; 2)Malcolm Pirnie, Inc.; 3) CRB Geological & Environmental Services, Inc.; and 4) Camp Dresser and McKee, lnc. PASSED and ADOPTED this 12thday of ~iy ~ , 2006. ATTESt: 1t MAYOR `~"'~~1. ~ David Dermer CITY CLERK Robert Parc er T:WGENDA12006yu1i 2061consentlRFP-16-05-O6DebrisRemovalRFP-RESO.doc APPROVED AS TO FORM ~ LANGUAGE & FOt~EXECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting the City Manager's Recommendation Relative to the Ranking of Firms and Authorizing Negotiations, Pursuant to a Request for Proposal (RFP) No. 16-05/06 for Emergency Disaster Debris Monitoring Services. On April 11, 2006, the Mayor and City Commission appro~ No. 16-05106 for Emergency Debris Monitoring Services. Request for Proposals RFP No. 16-05/06 was issued on April 12, 2006 with an opening date of June 9, 2006.On June 9, 2006, the City's Procurement Division received RFP's from the following firms: ^ American Consulting Engineers of Florida ^ Avart, Inc. ^ Beck Disaster Recovery, Inc. • Camp Dresser and McKee, Inc. (CDM) • Consul Tech Construction Management, Inc. ^ CRB Geological & Environmental Services, Inc. ^ GBF Engineering, Inc. ^ Keith & Schnars, PA ^ Malcolm Pirnie, Inc. ^ Post Buckley Schuh and Jernigan (PBS & J) ^ Tubosun Giwa & Partners, Inc. On June 26, 2006 the Evaluation Committee, appointed by the City Manager via Letter to Commission (LTC) No. 156-2006, ranked all 11 firms and shortlisted 6 firms to provide presentations. On June 29, 2006 the firms provided presentations and the Evaluation Committee ranked all 6 firms. It was the Committee's decision to recommend the top 3 top ranked firms to the City Manager to provide services under this RFP. The top three ranked firms are as follows: ^ Beck Disaster Recovery, Inc.; • Malcolm Pirnie, Inc.; and ^ Camp Dresser and McKee, Inc. (CDM) Financial Information: Source of Amount Account Approved Funds: ~ 2 OBPI Total Financial Im act Summa Sian-Offs: De artment Director Assistant City Man r CI Manager GL FB PDW R JMG U V ~ vN1 I AiM ~ B EAC H AGENDA ITEM ~7 m MIAMIBEACH CiFy of Miami Beath, 1740 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission FROM: City Manager Jorge M. Gonzalez ~-- DATE: July 12, 2006 Su13~ECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS; AUTHORIZING THE ADMINISTRATION TO NEGOTIATE PROFESSIONAL SERVICES AGREEMENTS PURSUANT TO REQUEST FOR PROPOSALS (RFP} NO. 16- 05/06, FOR EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS WITH ANY OR ALL OF THE FOLLOWING THREE (3) FIRMS: 1) BECK DISASTER AND RECOVERY, INC.; 2)MALCOLM PIRNIE, INC.; AND 3} CAMP DRESSER AND MCKEE, INC. ADMINISTRATIVE RECOMMENDATION Adopt the Resolution. ANALYSIS A comprehensive debris management plan is an essential and critical element in the efficient recovery efforts when a disaster strikes. Emergency crews can only access critical areas of the City as well as handle emergency health and welfare cases if debris is removed from the roads and access areas. The Federal Emergency Management Agency (FEMA} provides public assistance funds for debris clearance, removal and disposal operations. Eligible applicants include State and local governments. On August 28, 2005, FEMA detemlined that the damage in certain areas of the State of Florida resulting from Hurricane Katrina which occurred on August 24, 2005, and with Hurricane W ilma shortly after, were sufficient in severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (the Stafford Act}. In order for the City of Miami Beach to receive assistance for disaster debris removal, the City must implement a debris removal monitoring service. This service is provided by independent consultants that are selected by the City. Monitoring of debris removal and disposal contractor activities is a critical component in successful debris operations and in the justification and documentation of any application for FEMA Public Assistance funding. The responsibility of these Consultants will be to deploy trained debris monitors to observe and document contractor activities. At a minimum these monitors should be stationed at all pick-up and disposal sites. Commission Memo RFP 16-05!06 -Emergency Debris Monitoring Services July 12, 2006 Page 2 of 6 On April 11, 2006, the Mayor and City Commission approved the issuance of Request for Proposal (RFP) 16-05106 for Emergency Debris Monitoring Services. The purpose of this RFP was to select several firms that could provide Emergency Debris Monitoring Services as required by the City and FEMA. The selected Consultants will provide the following services: • Conduct post-storm debris quantifications and response operations planning • Monitor multiple contractors, at the direction of the City • Certify contractor vehicles and complete safety checklists • Issue and sign multipart load tickets from field monitored positions • Conduct staging area monitoring to include validating truck haul quantities signing lead tickets and ensuring trucks are empty on departure • Implement and maintain a disaster debris operations management system linking load ticket and Temporary Debris Management Site (TDMS) information to support reconciliation and documentation • Troubleshoot collection delays and other operational issues in work areas • Provide daily and weekly updates to the City • Conduct final inspections, monitor TDMS restoration and deliver closeout reports • Perform other related assignments as directed by the debris management office or designated City personnel RFP No. 16-05/06 was issued on Aprii 12, 2006 with an opening date of June 9, 2006. A pre-proposal was held on May 2, 2006. BidNet issued bid notices to 91 prospective proposers, resulting in 41 proposers requesting the RFQ document, which resulted in the receipt of the following eleven (11 }proposals from: • American Consulting Engineers of Florida • Avart, Inc. • Beck Disaster Recovery, Inc. • Camp Dresser and McKee, Inc. (CDM} • Consul Tech Construction Management, Inc. • CRB Geological & Environmental Services, Inc. • GBF Engineering, lnc. • Keith & Schnars, PA • Malcolm Pirnie, Inc. • Post Buckley Schuh and Jernigan (PBS & J) • Tubosun Giwa & Partners, Inc. The City Manager via Letter to Commission (LTC) No. 156-2006, appointed an Evaluation Committee consisting of the following individuals: • James Sutter, Internal Auditor, City of Miami Beach, (Chair); • Jackie Fernandes, Middle Beach Resident, and Neighborhood Leadership Academy Graduate; • Fernando Vazquez, City Engineer, City of Miami Beach; • Suzanne Stolar, South Beach Resident, and Neighborhood Leadership Academy Graduate; • Cliff Leonard, Risk Manager, City of Miami Beach; • Alberto Zamora, Sanitation Director, City of Miami Beach; • Gisenia Gonzalez, South Beach Resident, and Neighbofiood Leadership Academy Graduate Commission Memo RFP 16-05/06 -Emergency Debris Monitoring Services July 12, 2006 Page 3 of 6 On June 20, 2006, the Committee convened and a quorum was attained. Committee Members James Sutter, Cliff Leonard and Gisenia Gonzalez, were not present for the short listing of firms. Fernando Vazquez, P.E., City Engineer, and staff from the City's Procurement Division addressed the committee and provided general information on the scope of services. The Committee was also provided Evaluation Surveys and Risk Assessment Plans for all the firms being evaluated. The Committee also discussed the Selection Criteria, which was used to evaluate and rank the firms: 1. The experience and qualifications of the Consultant (15 points). 2. The experience and qualifications of the Key Personnel (15 points). 3. Experience and qualification of Team (10 points). 4. Cost (20 points). 5. Methodology and Approach. (10 points) 6. Risk Assessment. (10 Points} 7. Past performance based on number and quality of the Performance Evaluation Surveys (20 points). Cost information based on Hurricane's Wilma and Katrina were used to evaluate and score the proposed hourly billing rate and reimbursables. HYPOTHETICAL COST COMPARISON BASED ON HURRICANES WILMA AND KATRINA Firm Name Total Labor Fee Total Expense Fee Grand Total Avart, Inc. $381,989 $11,570 ;393,559 Malcolm Pirnie $434,079 $0 5434,079 Beck Disaster Recovery, Inc. $443,700 $0 x443,700 CRB Geological & Environmental Services, Inc. $445,695 $12,320 x458,015 Tubosun Giwa 8 Partners, Inc. $536,640 $11,500 5548,140 Camp Dresser and McKee (CDM) $591,026 $29,552 5620,578 Post Buckley Schuh and Jernigan (PBSJ) $485,690 $214,800 5700,490 American Consulting Engineers of Florida $gg7,474 $30,905 5728,379 GBF Engineering, Inc. $0 $0 5820,315 Keith 8~ Schnars, PA $0 $0 5837,480 Consul Tech Construction Management, Inc. $869,460 $0 5869,460 Commission Memo RFP 16-05106 -Emergency Debris Monitoring Services July 12, 2006 Page 4 of 6 The Evaluation Committee was unable to rank all firms on the first meeting, so a second meeting was scheduled for June 26, 2006 to shortlist and finalize the ranking of firms. On June 26, 2006, the Evaluation Committee convened with Committee Member Suzanne Stolar and Gisenia Gonzalez unable to attend, nevertheless quorum was attained so the meeting proceeded. After evaluation of proposals, the Committee discussed the selection criteria as well as various options in ranking all the firms. It was the Committee's overall opinion to eliminate 5 firms; Avart, Inc., Consul Tech Construction Management, Inc., GBF Engineering, Inc., Keith & Schnars, PA, and Tubosun Giwa & Partners, Inc. The remaining 6 shortlisted firms were invited to provide a 10 minute presentation with 15 minute question and answer session at a later date. The 6 selected shortlist firms were: • American Consulting Engineers of Florida ^ Beck Disaster Recovery, Inc. • Camp Dresser and McKee, Inc. (CDM) ^ CRB Geological & Environmental Services, Inc. ^ Malcolm Pirnie, Inc. • Post Buckley Schuh and Jernigan (PBS & J) On June 29, 2006, the Evaluation Committee convened with a quorum to furtherdiscuss the evaluation of the 6 remaining firms as well as receive presentations from the 6 firms. On June 27, 2006, one of the shortlisted firms, Past Buckley Schuh and Jemigan (PBS&J), communicated to the City's Procurement Division, their request to withdraw from this RFP process and that they would not receive any further consideration in reference to this RFP. After all firms' provided their presentations, the Committee members discussed their individual perceptions of the firms' qualifications, experience, and competence, and ranked the firms accordingly: Company Name James Sutter Fernando Jackie AI Zamora Cliff Chair Vazquez Fernandes Leonard American Consulting 73 54 74 46 71 Engineers of Florida (3} (4) (4) (5) (3) (5) Beck Disaster Recovery, Inc. 94 65 89 84 87 (1) (1) (3) (1} (~) (2) Camp Dresser and McKee, 68 53 l1 60 89 Inc. (CDM) (4} (5) (5) (3) (1) 3 CRB Geological 8~ 59 80 81 50 59 Environmental Services, Inc. (5) (2} (3) (4) (5) 4 Malcolm Pirnie, Inc. 91 81 83 80 68 (2) (2) (1) (2) (2) (4) Post Bukley Schuh and 14 20 22 19 20 Jernigan (PBS&J) (Withdrew) {6) (6) (6) (6) (6) (6) Commission Memo RFP 16-05/06 -Emergency Debris Monitoring Services July 12, 2006 Page 5 of 6 It was motioned by Fernando Vazquez and seconded by AI Zamora to recommend to the City Manager that the Administration award three contracts and to select the top three ranked firm's to negotiate contracts in reference to this RFP. The top three ranked firms are as follows: Beck Disaster Recovery, Inc.; Malcolm Pirnie, Inc.; and Camp Dresser and McKee, Inc. (CDM) Furthermore, the City's Procurement Division received excellent Evaluation Survey ratings from all three firms that are being recommended for contract negotiation under this RFP. BECK DISASTER AND RECOVERY, INC. (BDR) Beck Disaster and Recovery, Ines experience in the disaster field monitoring and management services dates back to 1989, assisting clients in the Caribbean and South Carolina to recover from the effects of Hurricane Hugo. BDR has assisted over 30 clients recover from the damaging effects of tropical storms, floods, and hurricanes across the United States and the Caribbean. BDR has successfully managed all phases of debris removal and associated reimbursement efforts, incuding the removal of and reimbursement of over43 million cubic yards of debris as well as the demolition of over 3,000 uninhabitable residential structures. BDR has assisted local governments in obtaining over $1 billion in reimbursement funds from Federal Agencies such as FEMA and the National Resource Conservation Services (NRCS). !n total they have successfully performed over 50 projects similar in nature to the services requested under the RFP requested by the City of Miami Beach. MALCOM PIRNIE, INC. (MPi) Malcolm Pirnie, Inc. is a nationally recognized full service environmental engineering and consulting firm with more than 50 ofi'ICes located throughout the United States, including eight in Florida. Malcolm Pimie, Inc,. retains a staffvf 1,700 engineers, scientist, and support personnel, the firm provides comprehensive environmental services to public and private clients, including water and waste water engineering, solid and hazardous waste management, environmental engineering and permitting, hazard mitigation and security consultant services, and preparedness and recovery services. The MPI Team assembled will provide the City of Miami Beach with manyyears of combined experience and first hand knowledge of FEMA, USACE, USEPA and state debris management operations and programs, including, the type of documentation and records required for FEMA and FHWA reimbursement of pre-and post disaster clean-up and recovery costs fro all categories. CAMP, DRESSER AND MCKEE, lNC. (CDM) For almost 60 years, CDM professionals have been successfully leading and meeting the challenges of the environmental industry. Their most recent relevant Florida expertise includes managing the clean-up of debris in Deerfield Beach after Hurricane Wilma and Commission Memo RFP 16-05/06 -Emergency Debris Monitoring Services July 12, 2006 Page 6 of 6 assisting Martin County after Hurricane Frances and Jeanne. Within the last year, CDM employees from 20 offices around the country provided more than 20,000 hours of assistance to FEMA regions II, III, and IV in the largest disaster assistance deployment in the company's history. CDM's technical expertise, state and local experience, and qualified personnel, allows them to offer the necessary technical skills when and where the City and FEMA needs them most. CDM serves more than 220 Florida clients from 10 offices strategically located to provide their clients with the highest quality and local responsiveness. Their Florida offices are staffed with more than 380 professionals who are continually working to stay abreast of local, state and national regulations, and to build strong working relationships with diversified clients. CDM's local Miami office has been serving the City of Miami Beach for the last 14 years. Also, CDM's national resource of personnel allows them to staff any size response team to respond to any emergency disaster no mater the severity. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached resolution which requests to accept the City Manager's recommendation and authorize the Administration to negotiate Professional Services Agreements pursuant to Request for Proposal (RFP) NO. 16-05/06, for Emergency Disaster Debris Monitoring Services for the City of Miami Beach; and further authorizing the Mayor and City Clerk to execute Professional Services Agreements upon completion of successful negotiations with any or all of the following three (3) firms: 1) Beck Disaster and Recovery, Inc.; 2)Malcolm Pemie, Inc.; and 3) Camp Dresser and McKee, Inc. T:1AGE NDA12006tju112061consentlR FP-16-OS-06DebrisRemovalRFPMEMO.doc ~ MIAMIBEACH City ot: Miami Beach, 1700 Convention Cenler dive, Miami Beach, Florida 33139, www.miamiUearhfl.gov PRt;~CUREMENT Division Tel: 305-673-7490, Fax: 305-673-7851 REQUEST FOR PROPOSALS (RFP) NO. 16-05/06 ADDENDUM NO. 10 June 5, 2006 EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH is amended as follows: I. The attached document outlines important information as to FEMA's approved debris management contracting and monitoring. This document is for informational purpose only. Inasmuch as this change does not materially affect the RFQ document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:\PU RC\$ALL1Roma n1R FP\R FP16-05-06\RFP-16-05-06A10.doc ~r\ie ...~ comm~ttec re prov~d~n~ ex,~eNer,r public ~er~k~ and srie}~ !o cf,~ wrio ;ive, ~wer.Y. and nicy i.^, ..;:r vbrart, -iopiccr,^.i;reric _.~mm,~rr:r. Debris Mana ement Contractin and Monitorin Applicants may use force account labor and resources to accomplish part or all of the work after a disaster or they may use contractors. If Contracting Tips: contractors are used to do part or all of the work, the Applicant must / FEMA does not recommend, pre- follow FEMA contracting guidelines to ensure maximum reimbursement approve, or certify any debris for debris removal and disposal efforts. contractor. / Only FEMA has the authority to make Acceptable Contract Types eligibility decisions; contractors cannot make eligibility 1. Time and Materials -Cannot be used for more than 70 hours of determinations. actual work. This type of contract is usually used immediately after a / FEMA does not credential any disaster to mobilize contractors to start emergency removal efforts. personnel other than official employees These contracts should have a termination clause and anot-to-exceed and Technical Assistance Contractor limit for both time and costs. The contract should be terminated when personnel. the first of these limits is reached. / Contracts should have awell-defined 2. Llnit Yrice - Is usually used when the scope of work is hard to define scope of work, specified costs, basis of and is based on estimated quantities of debris. Unit price contracts payment, and delivery schedule. are based on weight (tons) or volume (cubic yards). These contracts / Contracts must be competitively bid require close monitoring during removal, hauling and disposal to and have "reasonable" costs. ensure accuracy. / FEMA will participate in uniform 3. LLump Sum -Should only be used when the scope of work is clearly practices of reimbursing mutual aid defined and the areas of work can be precisely identified. Lump costs if a written agreement was signed sum contracts establish one price for all work included in the contract. prior to the disaster occurcing. The price is fixed unless the scope of work changes. This type of / Communities cannot guarantee a contract is easy to monitor when the scope iswell-defined. minimum number of hours for a time and materials contract. A pre-awarded contract for emergency services may be used if the contract / For reimbursement, Applicants must be was competitively bid and prices are comparable with established rates in able to provide FEMA with the region. The contract issuer may be a jurisdiction or a regional documentation of competitive bidding, operational authority. "Piggybacking" by using an existing contract bid tabulation, contract monitoring established by another jurisdiction is not recognized by FEMA as an including field monitoring of debris acceptable form of contracting. operations, quantity of debris handled, Cost plus a percentage, contingency contracts, and contracts awarded to payment, and force account costs (if debarred contractors are not allowed. applicable). Contract Monitoring/Debris Monitoring Contracting/Monitoring References As a condition of the FEMA grant funding program, the Applicant is FEMA 321, Policy Digest responsible for ensuring that the contract is properly monitored so that FEMA 322, Public Assistance Guide quantities and expenses are documented to substantiate FEMA funding. FEMA 325, Debris Management Guide / Monitors should verify that debris picked up is eligible; measure truck FEMA 329, Debris Management Brochure load capacities; verify volumes or weights of debris in trucks; inspect FEMA 9580.1, Debris Operations Job Aid pick-up areas, haul routes, temporary storage sites, and disposal sites; FEMA 9580.4, Fact Sheet: Debris verify the contractor is working in assigned areas; and ensure other Operations contract requirements are met. / ~1'he Applicant should train and deploy debris monitors to watch and document contractor activities. Debris monitors may come from the Questions? Call the FEMA Debris Applicant's full-time work force, temporary hires, or contracted Hotline, Orlando, FL at 107-858-4951 services. The Applicant may also request FEMA/State assistance with debris monitoring. The costs of overtime, temporary hires, and contractors performing disaster-related debris removal work are eligible for reimbursement. / For unit price contracts, the Applicant should use load tickets to document weights and volumes of contractor vehicles and loads. / For time and materials contracts, the Applicant should document the times that Contractor manpower and equipment are actively used (limited to 70 hours). / The Applicant can request debris monitor training from the State and F F,MA. m MIAMBEACH City of Miami Beach, 1700 Conven(ion Center Drve; Miami E3rxlch, r-lorida 33139, www.miamibeachfl.t~av ?R%)C~REMEhJT Divisicn Tel: 305.673-7490, Fax: 305-673-7851 REQUEST FOR PROPOSALS (RFP) NO. 16-05/06 ADDENDUM NO. 9 June 2, 2006 EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH is amended as follows: I. The following are answers to questions from Consultants in reference to this RFP. 1. Q. Is there a set number of evaluation surveys that we need to have? A. No, there is no set amount of evaluations surveys to be submitted. 2. Q. Is the City looking for project management or for filling out FEMA worksheets? A. The City is looking for a company to provide both services, including project management, which will handle all aspects of the project. 3. Q. Will the City have multiple selections? A. The City would prefer to have several contractors provide Debris Monitoring Services underthis contract. 4. Q. Has a number of selections been established? A. No, the Evaluation Committee will decide how many firms will be recommended for award of contracts. 5. Q. Are you looking for multiple numbers of consultants? A. Refer to answer on question # 3. 6. Q. Is this risk assessment planning geared towards the possibility of something going wrong with the project? and; Does the City have a history record of things that went wrong during last year's Debris Monitoring Services? A. The Risk Assessment Plan (RAP) is a blueprint of the vision a consultant will have for the services that will be rendered under this project. The Risk Assessment Plan will be used by the City and the selected consultant(s) to properly forecast any difficulties that may be encountered during project execution do to delays or improper follow-up to procedures to upcoming milestone submittals. In summary, the RAP will be used in parallel with a project schedule, and thus become part of the contract. The City does not have any records that outline any difficulties with last years Debris Monitoring Services. 1~Vg G(E CO!„~;~~;a,-' i.^ Pf0`/;~iAa °x~'ar1E,n; ~~u~iiC c8,vi~-,. Q~l,~i SC ra1~~ f0 uf[ 'N4~ ;IV? ~N~~rG. ~ i~C~ i^.ny: !.^..iul Yii~`r~~ri GICC:, ~. ~~^(i~- 'O;T ^1;1Nh/. 7. Q. Which are the specific areas of service, is it right of way collection or are there other areas involved? A. The City will focus on the right of way clearing first; if it goes beyond that, the City will inform the Contractor. 8. Q. Are canals and beaches to be serviced under this contract? A. Canals and beaches belong to a separate contract. 9- Q. Who will be pertorming the 1st assessment immediately after a hurricane? A. The 1st assessment will be conducted by City crews. 10. Q. Who will identify the critical tasks/assignments after the assessment is done by the City crews? A. The City Engineer will identify all critical tasks and will provide instruction on how to proceed after the assessment is done by the City crews. 11. Q. What are the type(s) of activities that are going to be performed, besides the ones that are shown in the RFP document, are they going to be defined before the hurricane season or after the contract is awarded? A. The type of activities, as stated in the original RFP document's scope of services, is the activities to be pertormed. 12. Q. On the Cost Evaluation Form found on page 20 of the RFP document, are these going to be the positions that are going to be utilized throughout the process? A. Yes, these will be the positions that will be used during the work tasks. The City reserves the right to either augment or decrease the amount of personnel to be used undereach service task. 13. Q. Will the City use the form found on page 20 of the RFP only for evaluation purposes or will it be used for the personnel required under services to be rendered by this RFP? A. The City will use the service tasks as outlined on the form found on page 20 of the RFP document. The City reserves the right to either augment or decrease the amount of personnel to be used under each service task. 14. Q. Does the City have rates from the last hurricane season for those specific classifications as outlined on page 20 for the RFP document? A. The City does not have the rates from last hurricane season for the classifications found on page 20 of the RFP document. 15. Q. Has the City specified whether the criteria is going to be based on qualification and pricing or both? A. We are looking at Best Value, we are also going to be looking at qualifications, pricing and past pertormances. Please note, under selection criteria found on page 11 of the RFP document, all these criteria's are weighted to be ranked. 16. Q. Has the City established a percentage for each of the categories? A. Yes, please refer to page 11 under bullet five, Selection Criteria, all criteria is weighted and will be ranked by each Evaluation Committee Member. 17. Q. Does the City have the approved FEMA rates for the work that is covered under the disaster debris monitoring services? A. The City does not have these rates; please contact FEMA for rates and quantities for Debris Monitoring Services that would be allowed for Municipalities. VV~ cra ro^:m;~;P,: io prov:d~n~ =xra,'le~' puuGc <°,Ni~'~ Orl."i SCfph~, !o ol.~ ~ar; 'iva, ~,ynrv. ord nfcy !^ ..~r yi,~, art. ;rc~icri, .^~iK'ri[ 'v'71,m+iN'Y. 18. Q. Is there a methodology in getting any feedback as to our evaluation surveys, how will we know that we are being referred by clients? A. Firms may provide 3-5 evaluation surveys, but in the event we receive less then 3 we will contact your company and inform you that we need additional surveys from your clients. 19. Q. Can we add pictures to the Risk Assessment Plan? A. Yes, as long as it doesn't have the company name or logo and the Risk Assessment does not exceed 2 pages including verbiage and pictures. 20. Q. Who are the members of the Evaluation Committee? A. Public Works will make a recommendation to the City Manager, but the City Managerwill decide who will be on the Committee. It usually consists of 5-7 members, comprised of residents or City employees or a combination of both. 21. Q. If selected, how long will the work order be for? Is there a not to exceed limit? A. There is no not to exceed limit on these projects, each emergency debris monitoring task will be unique, and that being said, each project will have its own time cycle. 22. Q. How many contractors will be selected? A. Multiple contractors are anticipated to be recommended for negotiations under this RFP process, the Evaluation Committee will provide a recommendation on the number of Contractors needed. 23. Q. Will this contract kick into effect only in the event of a hurricane? A. Yes, tasks will only be approved by the City post hurricane occurrence. 24. Q. Will the selected consultants be apart of the pre-planning process? A. Selected consultants services are only required for recovery after a hurricane. II. On Addendum No. 7 under the Risk Assessment Guide, under 2"d section entitled "RAP Plan Format" it states that a format for the RAP was attached, but in fact it was not attached. Please find the RAP format attached to this Addendum. Consultants are required to acknowledge receipt of this Addendum No. 9 on proposal Page 22, "Acknowledgement of Addenda", or the proposal may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:1PU RC1$ALL1Roma n1R FPIR FP16-05-061R FP-16-OS-O6A9.doc .ME are com+r,tte~~ fn prov,r,'rng Exce9en; l:ub!ic SE'vr,.~ OACri SafF'h~ !o cl! ~rrta ;iv@, wort; and ;^!oy m ,.:rr v;br,r~. ;ra~rcc~, ^i.i;rrir -0T1^,uJnl^r. Risk Assessment Plan Format Please prioritize the risks {list the greatest risks first). Indicate the potential impact to project cost (in terms of $), and/or schedule (in terms of calendar Days). You may addideie~e the risk rabies below as necessary. Maior Risk Items Risk 1: Impact: Solution: Schedule (Days) Risk 2: Impact: Cost Solution: Risk 3: - -_ Impact: Cost ($) Solution: Schedule (Days) __ __ Schedule {Days) --_..___....._-- Risk 4: _ _ _ Impact: Cost ($) _ Schedule {Days) Solution: Risk 5: Impact: Cost ($) Schedule (Days) _ Solution: Risk 6: Impact: Cost ($) Schedule (Days) Solution: - _._.__ ..._._._.-._....... __ _..._. _.._......... . Risk 7: Impact: Cost ($} Solution: Schedule (Days) Risk 8: Impact: Cost ($} Schedule (Days) Solution: Risk 9: Impact: Cost ($} Schedule (Days) Solution: Risk 10: Impact: Cost ($) Schedule {Days) .................................................................. Solution: Value Added Options or Differentials (what you will do that the others do not) Vendors should identify any value added options or differentials that they are proposing, and include a short description of how it adds value to the project. Identify if the items will increase or decrease project SChedUle, COSt, Or eXpectatlOn. You may addldelete the value tables below as necessary. Iq%o ,,,,, ro.^.~m;tiP~~ r~^ prov~~f;ng oxrGjler,; pcbirc sow6-,. any saran 1o c(.%'.vho ;iva, s~~~rk or? p;cy i^ .~Of Vr7`iprf. tfGLICCf, ^i;lPriC -0inn7UP1^L Item 1 -- Impact: Cost ($) Schedule (Days) Item 2 Impact: Cost ($) -----------------------.-___------------------------------ Schedule (Days) Schedule (maximum six milestones) Milestones (start, finish, no of workdays) Total number of workdays VVe ore Co^.7milia~^ io prov:d~ng exce!!B~~ pubfrc sen.;~-e ~ ~~ safan~, to cl~ who +ive, w~^re ord r.;~y m ..ur vh,o~~. ~roci~e..%%, ^r;reri~- Comm, ri^/. m MIAMBEACH City of Miami Beach, 17(~ Canventian Center Drive; Miami Beach, Florida 33139, www.miamilx:achR.gov ~'RGCI;REMENT Division Tel: 305-673-7490, Fax: 305-673-7851 REQUEST FOR PROPOSALS (RFP) NO. 16-05106 ADDENDUM NO. 8 May 25, 2006 EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH is amended as follows: I. The RFP submission date has changed from June 2 to June 9, 2006 at 3:00 p.m. II. Please be advised that subsequent addenda will follow with answers to questions from the Pre-RFP Conference and those questions sent in by prospective respondents to this RFP. I11. Please be advised that the deadline for submission of Evaluation Surveys from clients has changed from June 9 to end of business day on June 16, 2006. Inasmuch as this change does not materially affect the RFP document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:\PU RC1$ALL1Roman\R FP1R FP16-05-06\RFP-16-05-06A8.doc We cre comm~Be~~rn rrov,d;ng °xcellen; ~:;;biic ser,;,:~ and soi?dj to cli ~~ha 'ivP, ~,~~,-~Y. and ; aay i,^, „ur vr'~~ro;,i. yc~icci, , ;,cri,- -~•m.m:.rrr~. ~ MIAMIBEACH City of Miami B®a[h, 1700 Canventian Center Drive; Miami Bench, r-larida 33139, www.miamiUearhfl.gov ~R(CI:REMENT Division Tel: 305-673-7490, Fax: 305-673-7851 REQUEST FOR PROPOSALS (RFP) NO. 16-05/06 ADDENDUM NO. 7 May 23, 2006 EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH is amended as follows: Attached to this addendum are instructions on how to prepare the Risk Assessment Plan (RAP). The RAP is required to be submitted with your RFP response to the City. Please provide one copy of the RAP for each proposal copy (10) and one (1) for the original. Consultants are required to acknowledge receipt of this Addendum No. 7 on proposal Page 22, "Acknowledgement of AddendaT, or the proposal may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:IPU RC1$ALL1Roman\RFP1R FP16-OS-O61R FP-16-05-06A7.doc l~'d° Or° CO.^."!rif,'P~7 ip pro~nc'rng °XC?i!P.n~ r.ub,'ic c°;ViC„ "iu Sr?I@hi- !O u!' Who ljva, ~aor+', c %f ,^.%ay 4^, .,ur vir~ro:;f, cncc!, ^i.;icf;~- -ommorrly- Risk Assessment Plan Guide Introduction The purpose of the Risk Assessment Plan (RAP) is to capture the vendor's ability to preplan (identify the risks on a future project in terms of cost ($), time, and client expectation of quality and pertormance). The RAP is used to: 1. Assist the client in prioritizing firms based on their ability to understand the risk of a project. 2. Provide high pertorming vendors the opportunity to differentiate themselves due to their experience and expertise. 3. Giving the competitive edge to experienced companies who have done the type of work before, who can see the job from beginning to end, and who know how to minimize the risk. 4. Provide a mechanism for the high performers to regulate the low pertormers by ensuring that if they are not selected, the selected company will minimize the risk and provide the client with a comparable pertormance. Vendors should keep in the mind that the RAP is only one step in the selection process. If all the RAP's are the same, the RAP will have little impact in the selection (other factors, such as past performance and interview will dictate the selection). The RAP will become part of the contract. RAP Plan Format The format for the RAP is attached. The RAP should clearly address the following items in anon-technical manner: 1. List and prioritize major risk items or decisions to be made that are unique to this project. This includes items that may cause the project to not be completed on time, not finished within budget, generate any change orders, or may be a source of dissatisfaction for the owner. Attach a cost ($), time extension, or quality differential for every risk. 2. Explain how the vendor will avoid /minimize the risk. If the vendor has a unique method to minimize the risk, it should be explained in non-technical terms. 3. Propose any options that could increase the value (expectation or quality) of their work. List any value or differential that the vendor is bringing to the project. 4. Attach a schedule with up to six major milestones and weeks of each major task. No names!!! - In order to minimize any bias by the evaluation committee, the RAP must not contain ANY names (such as contractor, manufacturer, or designer names, personnel names, project names, product names, or company letterhead). The RAP should not contain any marketing information. Length -The client's goal is to make the selection process as efficient as possible. Efficiency is to minimize the effort of all participants, especially those who will not get the project. Therefore, the RAP should be a brief, well organized and concise. The RAP must not exceed 2 pages. Font size -The font should be no smaller than 12 point. Organization -Outline format. The attached format is only a sample. Impact of Risks Risks are any items that you should be concerned with throughout the entire project. They are the most critical items that can impact the cost, time, or quality expectation of the client. Think through the project. What would bother the client? Why would you have to communicate with the client? What would make someone call the client's representative and cause them stress? The risks should be prioritized, or listed in order by the greatest risks at the top to the lowest risk in descending order. Each risk should have a cost and/or time concern. If the risk has cost implications, the actual estimated cost should be listed. If it has time concerns, the number of days should be listed. VV° ore co,rom;thw~ in prar~';r.y ex~^gllpnt ~:ubiic se^dce end sai?dj to c!,' ~+~to `iUe, v/~^;4 ord ~:'ay i^ .,ur vbrari. pica,^i;iCnc _~.mmorihr Rating of Risk Assessment Plans The RAP will be rated by the Evaluation Committee assigned to this project. Rating criteria will be: 1. The understanding and minimization of risks. 2. Contractor's differentiation of their value. 3. Schedule. Checklist for Risk Assessment Plan 1. Are all names removed from the RAP: personal, project, or company names? 2. Does every risk have a cost or time attached to it? 3. Are risks listed, high impact risks? (Do not list risks that you can easily handle unless you perceive others are not doing it) 4. Does the RAP include all service, quality control processes; documentation that you do that your competition does not. 5. Are you including PR risks such as intertacing with project managers, users of the facility, or audit/inspection personnel? 6. Do you have a simple schedule with major milestones? 7. Do you understand that anything you list becomes a part of your contract? 8. Does your RAP plan differentiate you? By how much? 9. Can your RAP plan make anon-technical person comfortable with hiring you? 10. Did you number the pages of the risk assessment plan? 11. Did you make 11 copies of your RAP? If all items are checked, your risk assessment plan is ready to submit. :^~°olB CO,^'rt,ihB~^I~. foviri a~ n• ~i- c~~n~,. ~gn ah~! hp e ~~Y ~ ~1 ~'y ,~ ir`_'io ~ ~~, ~r~ric f;LY _ ^ p ;ng °xc_ie . pi; rc on,. i_, o ci.~ ~a. 5v_, ~./~_ r ~; i^ ~~r v nt, lroc~cor, i.,_ comma ~ MIAMIBEACH City of Miami Beach, 17170 Convention Center Drve; Miami Beach, f-larida 33139, vrww.rniamibeachfl.~ov >'~Rt,CI;f~EtvtENT ~ivisicn Tel: 305-673.7490, Fax: 305-673-7851 REQUEST FOR PROPOSALS (RFP) NO. 16-05!06 ADDENDUM NO. 6 May 22, 2006 EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH is amended as follows: The RFP submission date has changed from May 25 to June 2, 2006 at 3:00 p.m. 11. Please be advised that subsequent addenda will follow with answers to questions from the Pre-RFP Conference and those questions sent in by prospective respondents to this RFP. III. Please be advised that the deadline for submission of Evaluation Surveys from clients has remained the same, end of business day June 9, 2006. Inasmuch as this change does not materially affect the RFP document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:1PU RC1$ALL\RomanlR FP1R FP16-OS-061R FP-16-OS-O6A6.doc VV° cre ~orrm~ti?~ r~, prv:d,.ag ~x,-Ptler,; i^.Gbi(C S°,Ni~'° p~l.~i SC;fahr: ~O O;' +V~O yva ll~~r{ ~RLi r;Qy 7^ OL'/ vif•iOGi. %7vutCCl, . 7fr)ri~- =071!~;if.l"!. m MIAMIBEACH City of Miam's Beach, 1700 Canventian Center Dive, Miami Beach, Florida 33139, www.miamil,eachfl.gov i'Rt_~CUREMENT Division Tel: 305-673-7490, Fax: 305-673.7851 REQUEST FOR PROPOSALS (RFP) NO. 16-05/06 ADDENDUM NO. 5 May 15, 2006 EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH is amended as follows: I. Please be advised that the deadline for submission of Evaluation Surveys from clients has changed to end of business day June 9, 2006. Inasmuch as this change does not materially affect the RFP document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:\PU RC1$ALL1Roman\R FP1R FP16-05-061R FP-16-05-06A4.doc ~N° ..,.. CO,m,ril'B~7 in ~IOv,C!rA~ EXfai~Bnt~-,u~ iif. cg;vi~^c ~r1(i SnfPA~ IO Gl~ N~i~o ilva, ~PJOrr Or~1 rhy+ m O::f viL';oT~. u~CC,i, ~r;,'Ori~- -or71;!7ofi~^!- ~ MIAMIBEACH City of Miami Beach, 1700 Convention Center Orive, Miami Beach, r-iorida 33139, vrww.miamiUeachfl.gov >~Rt_1C1;REtdtENT Division Tel: 305-673-7490, Fax: 305-673.7851 REQUEST FOR PROPOSALS (RFP) NO. 1fi-05/06 ADDENDUM NO. 4 May 12, 2006 EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH is amended as follows: The RFP submission date has changed from May 19 to May 25, ZOOfi at 3:00 p.m. II. Attached please find the sign-sheet from the Pre-RFP meeting held on May 2, 2006. III. Please be advised that subsequent addenda will follow with answers to questions from the Pre-RFP Conference and those sent in by prospective respondents to this RFP. Inasmuch as this change does not materially affect the RFP document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:1PU RC1$ALL1RomanlR FP1R FP16-OS-061R FP-16-OS-06A4.doc 1~re .., ,. Co~^„(r;N@.j io prov,d~ng exceller; pubirc serv6_ e end safe?y !o c!~ ~aho iva, ~ac?k. ord ;,toy ~n o;;r v+hrorf. ?rc,, acei, sirric -;~rm.•rr,'y. ---..,..W ..........................., P~tM~ fRi:SASEi Dktftt ~ ~ .. t'.t~pAfv~: • f3)t7RE~;o414e9~ y~tfar9; ?~`RE:~ FA•(rt.~..,.. Pr4`. 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A fir; ~; ..~ ' ~,e~teG t-.•'%.siy b!.~f ~a !4-'>SL" .c~a~+ Yy f~•N ,C ids 'dl6 a ~' 4.F~~'/, fXYq, ~`r~ mo'o': {~ 4 ' ' 7 ..__ ....... ~ i ri YJ~, A,.U ,x `,~b;J ~rti ~"iG ~q y .. _ _ t ~ MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive; Miami Beoch, r-3orida 33139, www.miamibeachfl.gov !Rt;CUREMENT Division Tel: 305.673.7490, Fax: 305-673-7851 REQUEST FOR PROPOSALS (RFP) NO. 16-05106 ADDENDUM NO. 3 April 26, 2006 EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH is amended as follows: The location for the Pre-RFP meeting scheduled for May 2, 2006 at 10:00 am, has been moved from the City Manager's Large Conference Room to the Mayor's Conference Room on the 4th Floor of City Hall, 1700 Convention Center Drive, Miami Beach, FI 33139. Inasmuch as this change does not materially affect the RFP document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:1PU RC1$ALL1RomanlRFP1RFP16-OS-06\RFP-16-05-O6A3.doc Vl'e ~... coroT;?rec B, prov,drng °xra!!ent po! ~'rC ~°,vi~-~ and snian~ !O cl? w~ o irva, w.?;v. and riot' i.^. ~~Y v;,'^r,ct, ?~cei, , s.^rL- =omm;~r~th/, ~ MIAMIBEACH City a4' Miami Beath, 1700 Convention Center Qr've, Miami Beach, r-lorida 33139, www.miamil~achA.gov PRi~Ci;REMENT Division Tel: 305-673-7490, Fax: 305-673-7851 REQUEST FOR PROPOSALS (RFP) NO. 16-05106 ADDENDUM NO. 2 April 24, 2006 EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH is amended as follows: I. Last paragraph on Addendum No. 1 is amended to read as follows: "Consultants are required to acknowledge receipt of this Addendum No. 1 on proposal Page 22, "Acknowledgement of Addenda", or the proposal may be considered non-responsive." Consultants are required to acknowledge receipt of this Addendum No. 2 on proposal Page 22, "Acknowledgement of Addenda", or the proposal may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:1PU RC\$ALL\Roman\RFP\R FP16-OS-06\R FP-16-OS-06A2.doc vVe cre comm~tia~~ 6^ provid,ng exceNen; public ceroi~_` one sciehj fo cl; ~r~ha ;iv?, wrrr, ord riay ir, ..ur v~rori, 7vc~i~ar, ^i5lnnc _o~ro,mur,riv. ~~ ~~~ City of Miami Beach, 1700 Co,wention Center Drive; Miami Bench, r-lorida 33139, www.miamil~achfl.gov ~•Rt~CUREMEt~T Division Tel: 305.673.7490, Fax: 305.673-7851 REQUEST FOR PROPOSALS (RFP) NO. 16-05106 ADDENDUM NO. 1 April 21, 2006 EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH is amended as follows: I. The following are answers to questions received from prospective proposers. Q. On page 9 of the RFP, item 2(a) which states ".......as to the capability to provide grounds maintenance services". Is this applicable to this proposal? Please advise. A. No, this is not applicable to this project; the language in this section should read as follows: "Interested Consultants should submit documents that provide evidence as to the capability to provide debris monitoring services." The attached amended pages 9 and 10 reflect this amended language. Q. Should the correct proposal format be that on page 9 or page 11 of the RFP? Page 11 includes the Methodology and Approach, whereas it is not shown anywhere on page 9. Please advise. A. Proposal format should be as it is stated on page 9, the items found on page 11 is part of the selection criteria that will be used by the selection committee to rank respondents. Methodology and Approach is the only item not found on page 9, attached to this addendum please find an amended page 9 and 10 which includes the Methodology and Approach requirement under page 9, the lettering of the sections have been amended to include this section. Q. If the format is based on page 11, which lists the Risk Assessment Plan in the criteria for selection as item no. 6, should it be a part of the actual proposal or attached separately? A. Please refer to section (f) or ((g) in amended page 10), 2nd sentence which estates; "The Risk Assessment Plan (RAP) should be submitted in a sealed unmarked envelope and included within the RFP response. The RAP should be V\ig ry;m a. ,4; Pf r` ~~;(~ s~roir„ •~ -; rP hC ? -• l: O ~-! n;['+ v ~''i0 ..ilC(i~ art c0, ;E ^ rn prov .nu ~xr_! B . ~~ rC _ an., s~_ r ?y f0 ai.~ w. !rv_, ~r~~ .+ r ,_. y m ,:r v!.. n.. Yordcc:, - -a'nr,^,~~r,rfy Page 2 Addendum No. 1 RFP-16-05/06 April 21, 2006 Q. For the Risk Assessment Plan, should this be more of a project management and controls type plan or otherwise? Please advise. A. Please refer to section (f) or ((g) in amended page 10), the RAP should be addressed accordingly; "All Consultants must submit aRisk-Assessment Plan. The Risk-Assessment Plan must not be longer than two pages front side of page only. The RAP should be submitted in a sealed unmarked envelope and included within the RFP response. The Risk-Assessment Plan should address the following items in a clear and generic language: (1) What risks the project has. (Areas that may cause the Consultant not to finish on time, not finish with budget, cause any change orders, or be a source of dissatisfaction with the owner). In other words what could qo proiect finishes successfully. (2} Explanation of how the risks will be avoided/minimized. (3) Propose any options that could increase the value of this project. (4) Q. On page 20 of the RFP, the cost summary requests an hourly rate for the labor category of "DROMS Analyst". Please provide a description of this personnel category or provide the full title for the acronym DROMS. A. The acronym for DROMS is "Debris Removal Operations Management System" This analyst will manage a database system associated with debris removal operations, specifically, truck certifications and load tickets. Data is compiled and reports are generated to track progress and accompany FEMA reimbursement applications. lrV~ Gfe cOmriFA,^ i.^ p~CV~~l;ny =x~^all2n7 ~.u~%JC SENirE ~A~ SO!@h~ !O v!' YJ~%O ~IVB, `PJ~^rv ~.r,~i nl~y I,^...~! vi,~;~~tL ,70uIC0', ^rsinrir -o7tm~,rl^J. Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. No brochures or marketing pieces. Please provide your opinion on what Page 3 Addendum No. 1 RFP-16-05/06 April 21, 2006 II. Attachment; Amended pages 9 and 10 of the RFP document. Inasmuch as this change does not materially affect the RFP document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH ~~ Gus Lopez, CPPO Procurement Director rm F:1PU RC\$ALL1RomanlR FP1R FP16-05-061R FP-16-OS-06A-1.doc ~~1i~ cre comrd+e~^ in prandlnG exrai(Bn; 1^ubilC SENI[E OIIJ SO(e1/ to alp ~aho 4vg, w~~~r4 orc' nfoy t^ o;;r vil~,~.r.L ~roplcoi, h~srnrL- ,-omm;~rlh~ SECTION III -PROPOSAL FORMAT Proposals must contain the following documents, each fully completed, and signed as required. If any items are omitted, Consultants must submit the documentation within five (5) calendar days upon request from the City, or the proposal shall be deemed non-responsive. The City will not accept cost information after deadline for receipt of proposal. 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: Proposer must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. a) Introduction letter outlining the Consultants professional specialization, provide past experience to support the qualifications of the submitter. Interested Consultants should submit documents that provide evidence as to the capability to provide debris monitoring services. b) Cost Information: Cost information must be submitted with your proposal, respondent must provide line item cost for the Cost Summary form found on page 21 of this RFP package. c) Client Survey: Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 30 and 31, and request that your client submit the completed survey to the contact person listed on page 6. d) Past Pertormance Information: Past performance information will be collected on all Consultants. Consultants are required to identify and submit their best projects. Consultants will be required to send out Pertormance Evaluation Surveys to each of their clients. Consultants are also responsible for making sure their clients return the Pertormance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in 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. e) Methodology and Approach: Please provide your firm's methodology and approach to this project. Identify suspect areas of difficulties and provide your solutions though your methods and approach. Identify all project milestones and discuss each phase of the project from inception to final completion of services. Include the City's and FEMA's involvement in the process. Qualifications of Consultant Team: Provide an organizational chart of all personnel and consultants to be used on this project and their qualifications. Aresume of each individual, including education, experience, and any other pertinent information shall be included for each team member to be assigned to this project (Addendum No. 1, Amended Page 9 & 10) May 12, 2006 RFP No: 16-05/06 City of Miami Beach 9 of 33 g) Risk-Assessment Plan (RAP): All Consultants must submit aRisk-Assessment Plan. The Risk-Assessment Plan must not be longer than two pages front side of page only. The RAP should be submitted in a sealed unmarked envelope and included within the RFP response. The Risk-Assessment Plan should address the following items in a clear and generic language: (1) What risks the project has. (Areas that may cause the Consultant not to finish on time, not finish with budget, cause any change orders, or be a source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimize. (3) Propose any options that could increase the value of this project. (4) Explain the benefits of the Risk Assessment Plan. Address the quality and pertormance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. No brochures or marketing pieces. 3. Documents to be submitted (Pages 19-30) (Addendum No. 1, Amended Page 9 8 10} May 12, 2006 RFP No: 16-OS/O6 City of Miami Beach 10 of 33 REQUEST FOR PROPOSALS EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH RFP # 16-05/06 RFP OPENING: May 19, 2006 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov F:\PURC\$ALL\Roman\RFP\RFP16-OS-Ob\RFP16-OS-06-Emergency Debris Monitoring Services.doc ~/p,~ [C"` A RFP No: 16-05106 / Y 1 I A ~ ~ ~ ice. / - 1 of 33 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, v+ww.miamibeachFl.gov PROCUREMENT DIVISION PUBLIC NOTICE Tel: 305-673-7490, Fax: 305-673-7851 EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH Request for Proposals (RFP) No. 16-05106 In the event of an emergency, such as a hurricane, the City would lack sufficient resources to undertake debris monitoring services as required by FEMA. The purpose of this RFP is to retain and secure the services of qualified Consultants that can provide the debris monitoring services for the City, addressing all FEMA requirements. In order for the City of Miami Beach to receive assistance for disaster debris removal from FEMA the City must implement a debris removal monitoring service. This service is provided by independent consultants that are selected by the City to provide this service. Monitoring of debris removal and disposal Consultant activities is a critical component in successful debris operations and in the justification and documentation of any application for FEMA Public Assistance funding. The responsibility of these Consultants will be to deploy trained debris monitors to observe and document Consultant activities. At a minimum these monitors should be stationed at all pick-up and disposal sites. Sealed proposals will be received until 3:00 PM on May 19, 2006, at the following address: City of Miami Beach City Hall Procurement Division -- Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Any response received after 3:00 PM on May 19, 2006 will be returned to the Consultant unopened. The responsibility for submitting proposals before the stated time and date is solely the responsibility of the Consultant- The City will not be responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Proposal Submission Meeting is scheduled for May 2, 2006 at 10:00 a.m. at the following address: City of Miami Beach City Hall 1700 Convention Center Drive Fourth Floor City Manager's Large Conference Room 1700 Convention Center Drive May 12, 2006 RFP No: 16-05!06 City of Miami Beach 2 of 33 Miami Beach, Florida. The City of Miami Beach has contracted with BidNet which utilizes a central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet(s), this South Florida Purchasing system allows for 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: www.govbids.com/scripts/southflorida/publiclhome1.asp. If you do not have Internet access, please call the BidNet(r} support group at 800-677-1997 extension # 214. 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. Consultants interested in participating in the pre-Proposal submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2} Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Consultants, who are interested in participating via telephone, please send an a-mail to romanmartinez@miamibeachfl.gov expressing your intent to participate via telephone. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal. The City of Miami Beach may also reject any and all proposals. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL 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 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234. • PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OFFEES -- ORDINANCE N0.2002-3363. Sincerely, ~2, Gus Lopez, CPPO Procurement Director May 12, 2006 RFP No: 16-05/06 City of Miami Beach 3 of 33 m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 TABLE OF CONTENTS Page REQUEST FOR QUALIFICATIONS OVERVIEW AND REPONSE PROCEDURES A. Introduction/Background B. Purpose C. RFP Time Table D. Proposal Submission E. Pre-Proposal Submission Meeting F. Contact Person G. Term of Contract SCOPE OF SERVICES 8 III. PROPOSAL FORMAT 9-10 IV. EVALUATION/SELECTION PROCESS/ CRITERIA FOR EVALUATION 11-12 V. LEGAL TERMS AND CONDITIONS /INSURANCE 13-18 VI. QUALIFICATION DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 19-30 -Cost Information 20 -Risk Assessment Plan 21 -Acknowledgment of Addenda 22 -Declaration 23 -Sworn StatementlSection 287.133(3)(a), Florida Statutes -Public Entity Crimes 24-25 -Questionnaire 26-30 VII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENTS 31-33 Performance Evaluation Letter 32 Performance Evaluation Survey 33 May 12, 2006 RFP No: 16-05106 City of Miami Beach 4 of 33 SECTION I -OVERVIEW A. INTRODUCTION !BACKGROUND A comprehensive debris management plan is an essential and critical element in the efficient recovery efforts when a disaster strikes. Emergency crews can only access critical areas of the City as well as handle emergency health and welfare cases if debris is removed from the roads and access areas. The Federal Emergency Management Agency (FEMA) provides public assistance funds for debris clearance and removal and disposal operations. Eligible applicants include State and local governments. On August 28, 2005, FEMA determined that the damage in certain areas of the State of Florida resulting from Hurricane Katrina which occurred on August 24, 2005, and with Hurricane Wilma shortly after, were sufficient in severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121- 5206 (the Stafford Act). FEMA was authorized to provide assistance for debris removal and emergency protective measures (Categories A and B) under the Public Assistance program, in the designated Florida disaster areas, Hazard Mitigation throughout the State, and any other forms of assistance under the Stafford Act to be deemed appropriate. Direct Federal assistance was authorized and Miami-Dade County as well as the City of Miami Beach was eligible for assistance for Debris Removal services. In order for the City of Miami Beach to receive assistance for disaster debris removal the City must implement a debris removal monitoring service. This service is provided by independent consultants that are selected by the City to provide this service. Monitoring of debris removal and disposal Consultant activities is a critical component in successful debris operations and in the justification and documentation of any application for FEMA Public Assistance funding. The responsibility of these Consultants will be to deploy trained debris monitors to observe and document Consultant activities. At a minimum these monitors should be stationed at all pick-up and disposal sites. B. PURPOSE It is the intent of this RFP is to use the "Best Value" Procurement process to select consultants with the experience and qualifications; the ability; capability, and capacity; and proven past successful performance in providing successful debris monitoring services. C. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP Issued Pre-Proposal Submission Meeting Deadline for receipt of questions Deadline for receipt of responses /Proposals Deadline to submit Performance Evaluation Surveys Evaluation committee meetings Commission Approval/ Authorization of negotiations Contract negotiations Projected contract start date April 12, 2006 May 2, 2006 May 10, 2006 May 19, 2006 May 23, 2006 June, 2006 July, 2006 July, 2006 July, 2006 May 12, 2006 City of Miami Beach RFP No: 16-05106 5of33 D. PROPOSALS SUBMISSION An original and ten (10) copies of Consultants' proposal will be received until 3:00 p.m. on May 19th 2006, 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 must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Consultant's name, address, telephone number, RFP number and title, and due date. No facsimile or a-mail responses will be considered. The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly that of the consultant. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Responses received after the RFP due date and time will not be accepted and will not be considered. E. PRE-PROPOSAL SUBMISSION MEETING A pre-Proposal submission meeting is scheduled for May 2, 2006 at 10:00 a.m. at the following address: City of Miami Beach City Hall Fourth Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida. Attendance (in person or via telephone) is encouraged and recommended as a source of information but is not mandatory. Consultants interested in participating in the pre-RFP submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Consultants who are interested in participating via telephone, please send an a-mail to the contact person listed on the next page, expressing your intent to participate via telephone. F. CONTACT PERSON The contact person for this RFP is Roman Martinez, Senior Procurement Coordinator. Mr. Martinez may be reached by phone: 305.673.7490; fax: 305.673.7851; or a-Mail: romanmartinez@miamibeachfl.gov. May 12, 2006 RFP No: 16-05/06 City of Miami Beach 6 of 33 The City's Procurement Director is authorized by the City's Cone of Silence Ordinance to have oral communications with prospective Consultants relative to matters of process or procedures only. Requests for additional information or clarifications must be made in writing to the Procurement Director. Facsimile or a-mail requests are acceptable. Please sent all questions to romanmartinez(a~miamibeachfl.gov and copy the City Clerk's office RobertParcher(a~miamibeachfl.gov. The Procurement Director will issue replies to inquiries and additional information or amendments deemed necessary in written addenda, which will be issued prior to the deadline for responding to this RFP. Consultants should not rely on representations, statements, or explanations other than those made in this RFP or in any addendum to this RFP. Consultants are advised that oral communications between the Consultant or their representatives and the Mayor or City Commissioners and their respective staff, or members of the City's administrative staff to include the City Manager and his staff, or evaluation committee members is prohibited. G. TERM OF CONTRACT This contract shall commence the day specified in the contract as a result of negotiations, and remain in effect for a period of three (3) years. The City of Miami Beach has the option to renew the contract at its sole discretion for an additional three (3) year period on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative- not a right of the consultant. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six (6) months. Option to Renew / Adjustment to Contract Amount: In the event the City of Miami Beach exercises its option to renew beyond the initial three (3) year contract, the contract prices and any other terms the City may choose to negotiate, will be reconsidered for adjustment prior to renewal due to increases or decreases in labor costs; but in no event will the prices be increased or decreased by a percentage greater than the percentage change reflected in the Consumer Price Index -All Urban Areas (CPI-U) as published by the U.S. Department of Labor. The City of Miami Beach reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for bids, whichever is in the best interest of the City. May 12, 2006 RFP No: 16-05/06 City of Miami Beach 7 of 33 SECTION II --SCOPE OF SERVICES Provide Disaster Debris Monitoring Services in the City of Miami Beach. To perform these services, the CONSULTANT shall: • Conduct post-storm debris quantifications and response operations planning • Monitor multiple Consultants, at the direction of the City • Certify Consultant vehicles and complete safety checklists • Issue and sign multipart load tickets from field monitored positions • Conduct staging area monitoring to include validating truck haul quantities signing lead tickets and ensuring trucks are empty on departure • Implement and maintain a disaster debris operations management system linking load ticket and Temporary Debris Management Site (TDMS) information to support reconciliation and documentation • Troubleshoot collection delays and other operational issues in work areas • Provide daily and weekly updates to the City • Conduct final inspections, monitor TDMS restoration and deliver closeout reports • Perform other related assignments as directed by the debris management office or designated City personnel May 12, 2006 RFP No: 16-05106 City of Miami Beach 8 of 33 SECTION III -PROPOSAL FORMAT Proposals must contain the following documents, each fully completed, and signed as required. tf any items are omitted, Consultants must submit the documentation within five (5) calendar days upon request from the City, or the proposal shall be deemed non-responsive. The City will not accept cost information after deadline for receipt of proposal. 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: Proposer must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. a) Introduction letter outlining the Consultants professional specialization, provide past experience to support the qualifications of the submitter. Interested Consultants should submit documents that provide evidence as to the capability to provide grounds maintenance services. b) Cost Information: Cost information must be submitted with your proposal, respondent must provide line item cost for the Cost Summary form found on page 21 of this RFP package. c) Client Survey: Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 30 and 31, and request that your client submit the completed survey to the contact person listed on page 6. d) Past Performance Information: Past performance information will be collected on all Consultants. Consultants are required to identify and submit their best projects. Consultants will be required to send out Performance Evaluation Surveys to each of their clients. Consultants are also responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in 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. e) Qualifications of Consultant Team: Provide an organizational chart of all personnel and consultants to be used on this project and their qualifications. Aresume of each individual, including education, experience, and any other pertinent information shall be included for each team member to be assigned to this project May 12, 2006 RFP No 16-05!06 City of Miami Beach 9 of 33 Risk-Assessment Plan (RAP): All Consultants must submit aRisk-Assessment Plan. The Risk-Assessment Plan must not be longer than two pages front side of page only. The RAP should be submitted in a sealed unmarked envelope and included within the RFP response. The Risk-Assessment Plan should address the following items in a clear and generic language: (1) What risks the project has. (Areas that may cause the Consultant not to finish on time, not finish with budget, cause any change orders, or be a source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimize. (3) Propose any options that could increase the value of this project. (4) Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. No brochures or marketing pieces. 3. Documents to be submitted (Pages 19-30) May 12, 2006 RFP No: 16-05/D6 City of Miami Beach 10 of 33 SECTION IV -EVALUATION/SELECTION PROCESS The procedure for response evaluation and selection will be as follows: • RFP issued. • Receipt of responses. • Opening and listing of all responses received. • An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFP. If further information is desired, respondents may be requested to make additional written submissions or oral presentations to the Evaluation Committee. • The Evaluation Committee will recommend to the City Manager the proposal which the Evaluation Committee deems to be in the best interest of the City by using the following criteria for selection: 1. The experience and qualifications of the Consultant (15 points). 2. The experience and qualifications of the Key Personnel (15 points). 3. Experience and qualification of Team (10 points). 4. Cost (20 points). 5. Methodology and Approach. (10 points) 6. Risk Assessment Plan for ensuring quality of work (10 points). 7. Past performance based on number and quality of the Performance Evaluation Surveys (20 points). • The City may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations. • After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the response or responses acceptance of which the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall select the response or responses acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. • Negotiations between the selected respondent and the City take place to arrive at a contract price. If the City Commission has so directed, the City may proceed to negotiate a contract price with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable contract price within a reasonable period of time. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. May 12, 2006 RFP No: 16-05!06 City of Miami Beach 11 of 33 • If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s) has (have) done so. Important Note: By submitting a response, all Consultants 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. May 12, 2006 RFP No: 16-05!06 City of Miami Beach 12 of 33 SECTION V -LEGAL TERMS AND CONDITIONS/INSURANCE A. MODIFICATION/1NITHDRAWALS OF SUBMITTALS A Consultant may submit a modified response to replace all or any portion of a previously submitted response up until the RFP due date and time. Modifications received after the RFP due date and time will not be considered. Responses shall be irrevocable until contract award unless withdrawn in writing prior to the RFP due date or after expiration of 120 calendar days from the opening of responses without a contract award. Letters of withdrawal received after the RFQ due date and before said expiration date and letters of withdrawal received after contract award will not be considered. B. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in any responses received as a result of this RFP. C. COST INCURRED BY CONSULTANTS All expenses involved with the preparation and submission of responses to the City, or any work performed in connection therewith, shall be the sole responsibility of the Consultant (s) and not be reimbursed by the City. D. EXCEPTIONS TO RFP Consultants must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the consultant to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. E. SUNSHINE LAW Consultants are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of responses, in compliance with Chapter 286, Florida Statutes, known as the Florida Government in the Sunshine Law. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require consultants to give oral presentations based on their responses. The City reserves the right to enter into negotiations with the selected consultant, and if the City and the selected consultant cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected consultant. This process may continue until a contract has been executed or all responses have been rejected. No consultant shall have any rights in the subject project or property or against the City arising from such negotiations. May 12, 2006 RFP No: 16-05/06 City of Miami Beach 13 of 33 G. PROTEST PROCEDURES Consultants that are not selected may protest any recommendation far selection of award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for protesting the City Manager's recommendation. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. H. RULES; REGULATIONS; AND LICENSING REQUIREMENTS Consultants are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the consultant will in no way relieve it from responsibility for compliance. DEFAULT Failure or refusal of a consultant to execute a contract upon award by the City Commission, or untimely withdrawal of a response 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 consultant from the City's vendor list. J. CONFLICT OF INTEREST All consultants must disclose with their response 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 consultants must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the consultant or any of its affiliates. K. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their Proposals, in the event of such non-compliance. L. CONSULTANT'S RESPONSIBILITY Before submitting responses, each consultant shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful consultant from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claims whatsoever for any monetary consideration on the part of the consultant. M. RELATION OF CITY It is the intent of the parties hereto that the successful consultant be legally considered to be an independent consultant and that neither the consultant nor the consultant's employees and agents shall, under any circumstances, be considered employees or agents of the City. May 12, 2006 RFP No 16-05/06 City of Miami Beach 14 of 33 N. PUBLIC ENTITY CRIME (PEC) 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 Consultant, supplier, sub-Consultant, 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 ($25,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. O. ASSIGNMENT The successful consultant shall not enter into any sub contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful consultant. INDEMNIFICATION The successful consultant shall be required to agree 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, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful consultant, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful consultant 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 expended by the City in the defense of such claims and losses, including appeals. R. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful consultant, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful consultant of such termination which shall become effective upon receipt by the successful consultant of the written termination notice. In that event, the City shall compensate the successful consultant in accordance with the Agreement for all services performed by the consultant prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the consultant, and the City may reasonably withhold payments to the successful consultant for the purposes of set off until such time as the exact amount of damages due the City from the successful consultant is determined. May 12, 2006 RFP No: 16-05/06 City of Miami Beach 15 of 33 S. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful consultant of such termination, which shall become effective thirty (30) days following receipt by consultant of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful consultant in accordance with the Agreement for all services actually performed by the successful consultant and reasonable direct costs of successful consultant for assembling and delivering to City all documents. No compensation shall be due to the successful consultant for any profits that the successful consultant expected to earn on the balanced of the Agreement. Such payments shal{ be the total extent of the City's liability to the successful consultant upon a termination as provided for in this section. T. INSURANCE Successful Consultant shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance as indicated on the Insurance Checklist 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. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. Any exceptions to these requirements must be approved by the City's Risk Management Department. FAILURE TO PROCURE INSURANCE: Successful consultant's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. U. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby advised that the Cone of Silence requirements listed herein shall apply. V. DEBARMENT ORDINANCE Proposers are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the City's Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well as, disqualification from consideration on any City of Miami Beach RFP, RFQ, RFLI, or bid. X. CODE OF BUSINESS ETHICS Pursuant to Resolution No.2000 23879 each person or entity that seeks to do business with May 12. 2D06 City of Miami Beach RFP No: 16-05706 16 of 33 the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your bidlresponse or within five days upon receipt of request. The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. Y. AMERICAN WITH DISABILITIES ACT Call 305-673-7490/VOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305-673-7080. Z. 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/her in the discharge of his/her official duties. May 12, 2006 City of Miami Beach RFP No, 16-05!06 17 of 33 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida and U.S.L. & H /Jones Act per Federal Law (If required). 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. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX3.Automobile Liability - $1,000,000 each occurrence -owned/non-owned/hired automobiles included. 4.Excess Liability - $ . 00 per occurrence to follow the primary coverage. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value $ . 00 _ Liquor Liability $ . 00 _ Fire Legal Liability $ . 00 _ Protection and Indemnity $ . 00 -Employee Dishonesty Bond $ . 00 XXX Professional Liability $1,000,000 .00 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 Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. Vendor May 12, 2006 City of Miami Beach Signature of Vendor RFP No' 16-05/06 18 of 33 SECTION VI -DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY May 12, 2006 City of Miami Beach RFP No. 16-05!06 19oi33 REQUEST FOR PROPOSALS NO. 16-05106 Miami Beach Cost Summary for Disaster Debris Monitoring Directions: Respondent must provide this cost evaluation form upon submittal of proposal. Personnel Number Da s Hours Rate Labor Fee Ex enses Field Inspectors 6 120 6969 Project Manager 1 120 121 Tower Monitor 1 22 774 Data Entry 4 120 1440 Field Coordinator 1 90 324 DROMS Analyst 1 40 Totals Total Labor Fee: Total Expense Fee: Grand Total: May 12, 2006 City of Miami Beach RFP No'. 16-05106 20 of 33 REQUEST FOR PROPOSALS NO. 16-05/06 Risk-Assessment Plan (RAP) All Consultants must submit aRisk-Assessment Plan. The Risk-Assessment Plan must not be longer than two pages front side of page only. The RAP should be submitted in a sealed unmarked envelope and included within the RFP response. The Risk-Assessment Plan should address the following items in a clear and generic language: (1) What risks the project has. (Areas that may cause the Consultant not to finish on time, not finish with budget, cause any change orders, or be a source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimize. (3) Propose any options that could increase the value of this project. (4) Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. No brochures or marketing pieces. May 12, 2006 RFP No: 16-05/06 Gty of Miami Beach 21 of 33 REQUEST FOR PROPOSALS NO. 16-05!06 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP:03- 05/06 Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff (Consultant -Name) (Signature) May 12, 2D06 City of Miami Beach Date (Date) RFP No: 16-05/06 22 of 33 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this day of , 2006. The undersigned, as consultant, 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 consultant agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the consultant and the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains. The consultant states that the response is based upon the documents identified by the following number: RFP No.16-05106 SIGNATURE PRINTED NAME TITLE (IF CORPORATION) May 12, 2006 RFP No: 16-05!06 City of Miami Beach 23 of 33 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 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: 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(8), 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. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. May 12, 2D06 RFP No 16-05/06 City of Miami Beach 24 of 33 5) 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. 6) 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 , 2006 Personally known OR Produced identification Notary Public -State of My commission expires (Type of Identification} (Printed typed or stamped Commissioned name of Notary Public) May 12. 2006 RFP No: 16-05106 City of Miami Beach 25 of 33 QUESTIONNAIRE Consultant's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation 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: Members of Board of Directors May 12, 2006 RFP No 16-05106 City of Miami Beach 26 of 33 Questionnaire (continued) 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 I. Number of years of relevant experience in operating A/E business: 2. Have any agreements held by Consultant for a project ever been canceled? Yes() No() If yes, give details on a separate sheet. 3. Has the Consultant or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: May 12, 2006 City of Miami Beach RFP No 16-05/06 27 of 33 Questionnaire (continued) 4. Has the Consultant 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 bid and Qualification Form 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 Consultant 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.) May 12, 2006 City of Miami Beach RFP No: 16-06/06 28 of 33 Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Consultant and/or individuals and entities comprising or representing such Consultant, and in an attempt to ensure full and complete disclosure regarding this contract, all Consultants are required to disclose all persons and entities who may be involved with this Proposal. This list shall include 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. May 12, 2006 RFP No: 16-05/06 City of Miami Beach 29 of 33 Questionnaire (continued) The Consultant understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Consultant to be true. The undersigned Consultant agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Consultant, as may be required by the City Manager. The Consultant further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Consultant agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: Signature Print Name WITNESS: Signature Print Name WITNESS: Signature Print Name (CORPORATE SEAL) May 12, 2006 City of Miami Beach IF INDIVIDUAL: Signature Print Name IF PARTNERSHIP: Print Name of Firm Address By: General Partner Print Name IF CORPORATION: Print Name of Corporation Address By: President Attest: RFP No: 16-05/06 30 of 33 SECTION VII -BEST PERFORMANCE PROCUREMENT INFORMATION DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENT May 12, 2006 RFP No. 16-05/06 City of Miami Beach 31 of 33 m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 April 12, 2006 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 has implemented a process that collects past performance information on various Consultants that perform disaster debris monitoring services. The information will be used to assist City of Miami Beach in the procurement of various debris monitoring services projects. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to Roman Martinez by Tuesday, May 23, 2006 or earlier by fax: 305.673.7851; or a-mail romanmartinez(a~miamibeachfl.gov Thank you for your time and effort. Gus Lopez, CPPO Procurement Director May 12, 2006 RFP No: 16-05/06 City of Miami Beach 32 of 33 m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 PERFORMANCE EVALUATION SURVEY Consultant Name: Point of Contact: Phone and e-mail: Please evaluate the performance of the Consultant (10 means you are very satisfied and have no questions about hiring them again, 5 is ifyou don't know and 1 is ifyou would never hire them again because of very poor performance). NO CRITERIA UNIT 1 Ability to manage the project cost (minimize change orders) (1-]0) 2 Ability to maintain project schedule (complete on-time or early) (1-10) 3 Accuracy and Quality of reports and surveys (1-10) 4 Professionalism and ability to manage (includes responses and rom t a ments to su Hers and subConsultants (1 10) 5 Performance in conducting final inspections, monitoring TDMS restoration and the deliverin of closeout re orts ( ) 1-10 Ability of communicate accurately and provide accurate 6 documentation in support of all work related to on-site disaster (1-10) debris monitorin ~ Ability to follow the users rules, regulations, and requirements (as set forth b the user A enc and FEMA ( ) 1-10 Overall customer satisfaction and hiring again based on 8 performance (comfort level in hiring Consultant again) (1-10) Overa) l Agency or Contact Reference Business Name: Contact Name: Contact Phone and a-mail: _ Date of Services: Dollar Amount for Services: PLEASE FAX THIS QUESTIONNAIRE TO ROMAN MARTINEZ AT 305.673.785] May 12, 2006 RFP No: 16-OS/06 City of Miami Beach 33 of 33 STATEMENT OF QUALIfICATfONS xperience Matrix N ^ i N Da L ~ p p G ~ _ ? I CO u o N v ~ O !tl C a I vC ! C N ~ R ~ d 'o C - ~ Y V t = a 9 ~ C N V ~ Y _ ~ ~ ? C m ~ Oa b E ~ 1 o ~ N O o. a ,t O c u > o I u u G w Q ~ i C i ~ O i c i F ao v ~j ~ ~ ~ o ~ y cV in 4 E `u U d u _ v N Y C ~ 7 ~ ~ ~ J d n ° c 3 m ° v a ~' m ° '- ° G , 3 c a ~ , ~ I o F j c N ~ ~ ~ W Q T - u G Q ~ ~ c i a s. ;: ~ v N O v = W ,,, d ~ , c N 3 ~ o y O u 'y a ~111)iC ~ O O ~ ~ ~ ~ A L ~ r7 A ~ a E a F i:lienc L7.1rC Y.rrd~ge j V ~ U ~ S I y J O H YI m .?~ G ; R p j U LL ~ ~~ City o/Orlando, Florida 2004 1 035 500 ^ ^ r ^ ^ , , • ^ ^ ^ .Lake County, Florida t 2004 616,700 ^ • ^ ^ • ^ ^ ^ City of Orlando. Florida 2004 300,000 ^ ^ ^ ^ ^ ^ ^ ^ ^ City of Boca Raton, Florida 2004 200,000 ^ ^ ^ ^ ~~• ^ ^ ^ City of Orlando, Florida 2004 250 000 ^ • ^ ^ ^ i , ^ ^ ^ ^ !Lake Councy, Florida 2004 100,000 ^ ^ ^ ^ ^ ^ It x ^ Terrebonne Parish, Louisiana 2002 50 000 ^ ^ ^ ^ i • •• , ~ ^ ^ ~~ Sarasota Councy, Florida 2001 150,000 ^ ^ ^ ^ i i n a ^ Virgin Islands Water and 1995 N!A Power Authority 1 ^ ^ 1 South Carolina Public 1989 N/A ' Service Authority ^ , TABLE OF CONTENTS Title Page SECTION Letter of Introduction ............................................................................................ A Cost Information ................................................................................ .... B ............... Client Survey ........................................................................................................ C ^ Client Listing • Letters of Reference i I Past Performance ................................................................................................ D I ^ Experience Matrix Methodology and Approach ................................................................................. E Qualifications of the Consultant Team .................................................................. F Risk-Assessment Plan ......................................................................................... G Required Documents ........................................................................................... H • AcknowledgementofAddenda ^ Declaration ^ Public Entity Crimes Statement ! • Questionnaire I • Insurance Checklist I Copyright ©2006, by Beck Disaster Recovery, Inc. ~ ~ ~ V ALL RfGHTS RESERVED ~ • l~ Unauthorized duplication, disclosure or distribution is prohibited. ~ DISASTER RECOVERY,~NC. BECK RECOVERY.wc. June 8, 2006 Gus Lopez, CPPO Procurement Director City of Miami Beach -City Hall Procurement Division, Third Floor 1700 Convention Center drive Miami Beach, FL 33139 Subject: Response to Request for Proposals #16-05/06- Emergency Disaster Debris Monitoring Services Dear Mr. Lopez: Beck Disaster Recovery, Inc. (BDR), a subsidiary of R. W. Beck, lnc., is pleased to provide the following response to the City of Miami Beach (City) Request for Proposals to provide disaster debris monitoring services to the City. Through this proposal submission we certify that we have fully read and understand the proposal method and have full knowledge of the scope, nature, and quality of work to be performed. The City seeks the services of a debris management firm to assist in a number of areas including providing oversight and management of debris recovery contractors, facilitating communication with FEMA, FHWA, NRCS, and other federal agencies, and other services, as needed. The BDR team is committed to providing these services and supporting the City in preparing for and responding to a disaster event. We believe BDR can provide the City with end-to-end solutions to its pre-and post-disaster management and consulting needs. We feel strongly that BDR is the firm of choice to provide disaster program management and monitoring services to the City for the following reasons: ^ Local Office: The BDR team currently maintains Florida offices in Miami, Plantation, Orlando and Pensacola. Our local presence will provide the City with immediate access to monitoring personnel. ^ Miami-Dade Monitoring Experience: BDR is intimately familiar with the local politics and infrastructure (roads/traffic conditions, multi jurisdictional coordination, etc.) of the City and the greater Miami-Dade area due to our work monitoring the debris collection effort in Miami-Dade County in 2005 resulting from Hurricane Wilma. As a result, BDR also has a unique understanding of Miami Beach's FEMA reimbursable roads and Miami-Dade's debris management system including County and private disposal sites, etc. The BDR team has a unique insight into local community issues that impact the City. ^ Nations Largest Staff of Debris Management Experts: BDR maintains a full time staff of over 100 disaster recovery experts and has access to over 1,500 trained staff throughout the Southeast on call to assist in the event of a disaster in the City of Miami Beach. We also make an effort to hire locally, in many cases hiring and up to 90% of our fie/d staff from the local community and providing them extensive training to serve as field monitors. By doing so we employ many of the temporarily displaced workers impacted by the disaster and help restart the local economy. • Proven Capabilities in Providing Disaster Debris Management and Reimbursement Services: BDR has been providing disaster management, recovery and reimbursement services to local M:\BDRISS1ProposalslMiami Beach Debris Monitoring (130179)\A-Cover Letter,doc Mr. Gus Lopez, CPPO June S, 2006 Page 2 government clients throughout the Southeast for over I S years. Current BDR clients include the Cities of Ft. Lauderdale, Hollywood, Plantation, Cooper City, and Orlando, Florida; the Counties of Miami-Dade, Monroe, Collier, Orange, Charlotte, Sarasota, Polk, Lake, Seminole. Santa Rosa, and Escambia, Florida; Gulfport, Mississippi; and multiple communities in the Southeast, Gulf and Texas region in response to the 2004/2005 hurricane seasons. In the last two years alone, BDR has managed the recovery effort for over 43 million cubic yards of debris on behalf of over 35 public sector clients. These recovery efforts leave resulted in excess of $! billion in FEMA reimbursable costs to our clients. We have managed projects in response to every hurricane making landfall in the U.S. during 2004 and 2005. • FEMA Reimbursement ExpertslWashington D.C. Lobbying Support -BDR maintains a staff of reimbursement experts that have been successful in obtaining reimbursement for over $1 billion of debris related costs. Moreover, we are able to obtain up front funrling from FEMA fir our local government clients -greatly reducing the need for our clients to drain general fund reserves or draw on crertit lines. Finally, BDR has retained the services of Dan Craig, former FEMA Director of Response and Recovery and Jim Schumann, former FEMA Director of Legislative Affairs, in Washington D.C. to further assist BDR clients maximize reimbursement from FEMA and to obtain favorable interpretation of FEMA reimbursement policy. As a result, the City can be assured of maximizing recovery from FEMA in case of a disaster. We look forward to the opportunity to work with the City of Miami Beach and provide the high quality service BDR clients have come to expect. If you should have any questions regarding this response, please feel free to contact me at (407) 422-491 I . Sincerely, BECK DISASTER RECOVERY, [NC. Charles "Chuck" M. McLendon President/Chief Operating Officer REQUEST FOR PROPOSALS NO. 16-05/d6 Miami Beach Cost Summary for Disaster Debris Monitoring Directions: Respondent must provide this cost evaluation form upon submittal of proposal. Personnel Number Da s Hours Rate` Labor Fee Ex enses Field Inspectors 6 120 6969 $ 4s $313, 60s $o Project Manager 1 120 121 gus S 13, 91s $o Tower Monitor 1 22 774 $ so S 3a, 700 $o Data Entry 4 120 1440 $ 3s $ so,4oo $o Field Coordinator 1 90 324 $ 70 $ aa, 6ao $o DROMS Analyst 1 40 Silo S 4,400 $o Totals $443,700 $o ___,___ __ ________ ~..,..,,"„",~„ ,,,, ",~ aaaaiivaiaacy ua~e or Lne contract in accorflance with the U.S. Consumer Price Index. Total Labor Fee: 5443, 700 Total Expense Fee: $0 Grand Total: $443, 700 May 12, 2006 RFP No: 16-OS/O6 City of Miami Beach 20 of 33 SECTIOPJ C CLIENT SUR1/EYS As requested in the City's RFP, we have sent Performance Evaluation Letters and Client Surveys to all of the clients listed in the table below. As instructed, we have requested that these individuals return the surveys directly to the City no later than May 23, 2006. We believe there is no stronger evidence of our skills and experience than the validation of our clients' satisfaction by our clients themselves. We are proud of the long-terns relationships we have developed with our clients and encourage prospective clients to contact those we have been fortunate enough to serve. Therefore, we have also provided letters of reference at the end of this section from several of our clients from the past two storm seasons that demonstrate the quality of work performed by BDR_ Although we hope that the City is spared the damaging effects of a hurricane, we are confident that, if such an event were to impact the City, BDR would be able to assist the City in a rapid recovery while minimizing the financial impacts to the City. Client Contact List ~.. - ~.~ City of Miramar, FL Tom Good 9105 - 4106 13900 Pembroke Road, Building L (954) 602-3116 $1,100,000 Miramar, FL 33027 t ood ci.miramar.fl.us Cooper City, FL Carl Miller 9105 -1106 P. 0. Box 290910 (954) 434-4300 $735,000 Cooper City, FL 33329 cmiller coo ercit .fl.or City of Hollywood, FL Wade Sanders 9105 -1106 P.O. Box 229045 (954) 967-4200 or $2,500,000 Hollywood, FL 33022-9045 (954) 347-5356 wsanders holl woodfl.or City of Naples, FL Dan Mercer 10105 - 2106 380 Riverside Circle (239) 213-4712 $1,250,000 Naples, FL 34102 dmercer na les ov.com Escambia County, FL George Touart 9/04 -Present 223 Palafox Place (850) 595-4900 $20,000,000 Pensacola, FL 32501 george_touart at7,co.escambia.fl.us City of Orlando, FL David Sloan 9104 - 3105 400 South Orange Avenue (407) 579-2446 $3,350,000 Orlando, FL 32801 david.sloan a(~.cityoforlando.net Lake County, FL Kristian 8104 -10!04 123 North Sinclair Avenue (352) 253-4980 Swenson $3,000,000 Tavares, FL 32778 (352) 516-4332 kswenson co.lake.fl.us Monroe County, FL Judy Steele 7105 -11105 1100 Simonton Street (305) 295-4329 $600,000 Key West, FL 33040 steele-'udith monroecount -fl. ov City of Waveland, MS Tommy Longo, 9/05 -Present 301 Coleman Avenue (228) 760-1716 Mayor $1,250,000 Waveland, MS 39576 ma orsoffice mchsi.com C - CLIENT SURVEYS.DOC C-1 PROPOSAL FOR DISASTER EMERGENCY DISASTER DEBRIS MONITORING SERVICES Section C -Client Survey Reference Letters ~~'~BECK ~./ DISASTER RECOVERY,iNC. ~/N~~~~ ~. ~,PLF ; .. C' J' ~~f O\inF ~;Ci __..•• ~,ij ~ ~,//,.~ PUBLIC WORKS TELEPHONE (239) 213-4712 • FACSIMILE (239) 213-4799 380 RIVERSIDE CIRCLE ~ NAPLES, FLORIDA 34102-6796 April ~, 200b Jonathan J. Burgiel, President Beck Disaster and Recovery Services, Inc. 800 N. Magnolia Avenue. Suite 300 Orlando, FL 32803-3261 Re: Letter of Recommendation Dear Mr. Burgiel: On October 24, 200, the quality of life the residents of the City of Naples had become accustom to chan~~ed drastically. That is when Hurricane Wilma decided to pay a visit to our beautiful community. Although clean-up began immediately, it became apparent right up front that the City needed assistance with the recovery of our community. Beck Disaster ~. Recovery Services, Inc. was called and their rapid response was very welcome. The diligence and support provided by your staff, specifically Phil Ivey, has undoubtedly placed the City of Naples as a model community concerning the recovery efforts from Humcane Wilma. As the City of \aples faced challenges concerning F.E.M.A. eligibility reimbursement, especially with our loss of many unique Banyan Trees, Beck Disaster & Recovery Services, Inc. greatly assisted and contributed to bridging our governmental relationships with F.E.M.A. As these relationships evolved, the communication between City staff and F.E.M.A. has greatly enhanced the City's eligibility for reimbursement. Beck Disaster & Recovery Senlces, Inc.'s initiative and assertiveness with all contractors contributed greatly to the successful recovery of our community; and for that I am truly thankful. In closing, based on the City's experience in working with your company over the past four months, I can truly recommend you for any future monitoring~`management services related to disaster recovery. However, as exemplary as I found your services, I do hope our community never needs to call upon you a~~ain for disaster recovery. Res ectfully, / CvW - Dan Mercer Director of Public Works Xc: Ben Copeland, Budget & CIP ;Manager BOARD OF COUNTY COMMISSIONERS ESCAMBIA COUNTY, FLORIDA i ieorge TOUdt" County Atirnuuslr~l+sr April 5, 2005 To Whom It May Concern, .._ F1~-.zr.~~,i ~'t A~~F ?~ i i'~_lk: i {q Following the landfall of Hurricane Ivan, Escatnbia County was littered with nearly 8 million cubic yazds of debris. It was critical to the social and economic recovery of our County to get debris removed from our neighborhoods quickly and to provide our residents with a sense of normalcy again. R.W. Beck served as program managers for our clean-up effort and provided collection and disposal monitoring services as required by the Federal Emergency Management Agency (FEMA). R.W. Beck played a crucial role in getting our debris sites permitted and operating, overseei~ig contractual and operational issues with our three debris haulers, and managing the hundreds of thousands of load tickets and data that are critical for FEMA reimbursement. The County has been extremely pleased with the high level of quality resources that R.W. Beck has provided to Escambia County during this period of emergency. The firm has provided a consistent staff of skilled and trained individuals throughout the duration of the clean-up effort. Escambia County would highly recommend R.W. Beck to any commu~yxyj~that has the misfortune of going through a natural disaster. CITY OF QR~,ANDO MEMORANDUM TO: Whom It May Concern FROM: David S. Sloan, Environmental Services Director DATE: April 6, 2005 SUBJECT: Outstanding Performance by R.W. Beck The City of Orlando appreciates the knowledge, professionalism, and dedication displayed by the entire R.W. Beck organization. City staff was challenged to provide basic services to our citizens in the weeks and months following hurricanes Charley (8/13/04), Frances (9/04/04), and Jeanne (9/26/04). To deal with the overwhelming task of recovering from three hurricane events occurring within atwo-month period, the City contracted with R.W. Beck to direct, monitor, and document the work efforts of the multiple debris collection and disposal contractors. Most appreciated was the attention R. W. Beck's staff consistently focused on complying with FEMA/State documentation requirements to maximize reimbursement. Over one million cubic yards of debris had to be collected, reduced, and recycled or hauled to a landfill. On the "Peak Day", two hundred and eight sub-contractor vehicles were deployed throughout the City. In total, four thousand stumps had to be ground or pulled, five hundred hazardous trees had to be cut down, and over one-million dollars was spent on removing hanging branches over right-of--ways. Through it all, Beck's staff worked long hours, often seven days per week, to get the job done. Currently we are in the process of developing submittals for FEMA reimbursement. R.W. Beck has compiled, reviewed, and validated over thirty-seven thousand load tickets for debris collection. Beck staff has been instrumental in all of our meetings with FEMA and has provided supporting data and back up information when funding eligibility issues required additional explanation. In closing, I'm pleased to say the entire City Management Team assigned to the disaster recovery effort are grateful for the dedication and personal commitment displayed by the R.W. Beck organization to help us during our time of need. I hope we never have to watch our citizens go through such a challenging period again, but if we do, I hope R.W. Beck will be at our side! BRENT waRR Mayor WILLIAM W. POWELL, P.E. Director of Engineering ENGINEERING DEPARTMEN 4050 Hewes Avenue Gulfport, Mississippi 39507 Telephone (228) 868-5815 Fax (228}868-5822 To Whom it May Concern: December 19, 2005 In the aftermath of Hurricane Katrina, the City of Gulfport contracted with Phillips and Jordan to remove and dispose of the debris, and we also retained R. W. Beck to provide the debris monitoring services for that $56 million contract. We have been underway for a little more than three months now. R. W. Beck mobilized quickly, establishing both the physical framework and the communications network required for this large-scale operation. All R W. Beck personnel that I have dealt with to date have been very responsive to problems and professional in their approach. I would like to particularly identify Mr. Jon Hoyle and Mr. Jeff Newton as being very experienced, knowledgeable and responsive. I can recommend the R. W. Beck Company for debris monitoring operations with no reservations. William W. Powell, P.E. Director of Engineering WP/cb ~~ OtJLCPQRT M r CITY of GULFPORT Post Office Box 1780 • Gulfport, MS 39502-1780 • Phone: (228) 868-5700 SECTION D Beck Disaster Recovery History Beck Disaster Recovery 't:l~'' ist~~dEFIT~; Beck Disaster Recovery, Inc.'s experience in disaster field monitoring and management services dates back to 1989, when BDR assisted clients in the Caribbean and South Carolina recover from the effects of Hurricane Hugo. In the 16 years since then, BDR has assisted over 30 clients recover from the damaging effects of tropical storms (Sarasota County, Florida -Tropical Storm Isabelle in 2001), floods (Terrebonne Parrish, Louisiana resulting from Hurricane Lily in 2002 as well as Waveland, Mississippi from Katrina, 2005), and hurricanes (multiple clients in Florida, Mississippi, and Texas region in response to the 2004/2005 hurricane seasons) across the United States and its possessions. BDR has successfully managed all phases of debris removal and associated reimbursement efforts, including the removal of and reimbursement for over 43 million cubic yards of debris as well as the demolition of over 3,000 uninhabitable residential structures. We have assisted local governments in obtaining over $1 billion in reimbursed funds from federal agencies such as FEMA and the National Resource Conservation Service (MRCS -for waterways clean-up}. In total we have successfully performed over 50 projects similar in nature to the services requested by Miami Beach -over 30 of which were in Florida. Ofthe 50+ projects BDR has managed, no less than 12 have involved the collection and disposal or recovery of over 1 million cubic yards of debris, with the largest project consisting of over l 1 million cubic yards (Escambia/Pensacola following Hurricane Ivan) and 2 million cubic yards of sand screening on beaches. Our ability to efficiently manage large recovery efforts ensures Miami Beach an expeditious recovery for the community from the damaging effects of a major hurricane. BDR Knowledge of Disaster Recovery Local Miami office ensures the Ciry a rapid and efficient mobilization Knowledge of Miami-Dade's disaster hauling processing contracts Seasonsed veteran staN with FEMA work experience Extensive large project experience 12 projects > I million cubic yards - Over 31 billion FEMA reimbursement experience PAST PERFGRMANCE capability 100 staff in 48 hours 500+ staff in 5 days > Largest staff in Florida - 1,500 on call 43 million cubic yards of hurricane dehris eYeerienre Most recently, BDR has provided disaster recovery assistance to many of the most impacted communities in Florida, Mississippi, and Texas associated with the 2004 and 2005 hurricane seasons. Key BDR personnel are uniquely familiar with the policies, procedures, and requirements associated with providing disaster recovery services subject to FEMA reimbursement. Our team has successfully assisted numerous communities and organizations with disaster recovery efforts by providing a full range of services including comprehensive program management, disaster debris removal contracting and negotiations, damage assessment, project staffing, FEMAMRCS Copyright ©2006, by Beck Disaster Recovery, Inc. ConfrdentiaJ: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. D-1 SECTION D reimbursement and all aspects of field debris monitoring. Our efforts leave allowed our clients to maintain their focus on continuing daily operations while relying on us to hit the ground running and oversee the management of debris removal operations and federal reimbursement, thereby expediting the process of getting things back to normal as quickly and efficiently as possible while complying with all Federal Emergency Management Agency guidelines and reimbursement procedures. For example, BDR provided comprehensive disaster debris program management to Escambia County and the City of Pensacola for the collection, recovery, and reimbursement of over ] l million cubic yards of debris and 2 million cubic yards of sand as part of their cleanup efforts from Hurricane Ivan. Our work included all facets of disaster debris management -from project management, debris hauler procurement and post-event hauler contract management, to obtaining up-front FEMA funding by preparing FEMA Project Worksheets based on debris estimates. BDR performed collection and disposal monitoring, hauler field operations management, FEMA coordination, local government mutual aid agreements, load ticket data entry management, hauler invoice reconciliation, generation of Project Worksheet versions, and project close-out and FEMA Appeals. [3DR has successfuNy rnnncged alt phases of debris removal and reintbursemem e{foru, including the ren;ova! of and reimbursement for over 43 rrrillion cubk yards of debris as weN as the demolition of nvFr 3,OOrJ uninhahrtahle residenri;,l structures. The Escambia,'Pensacola project alone generated over 300,000 load tickets that were data entered and reconciled by BDR staff and reimbursed by FEMA. Because of the financial magnitude of the project, it was critical for Escambia County and the City of Pensacola to receive up-front funding for these services. By ensuring up-front federal dollars were made available, BDR minimized the need for our clients to fund the recovery effort internally and wait months for FEMA reimbursement while exhausting available lines of credit. BDR has a unique understanding of Miami Beach's FEMA reimbursable roads and Miami Dade's debris management systems including County and private disposal sites as a result of the assistance we provided Miami-Dade County in recovering from Hurricane Wilina in 2005. As mentioned previously, BDR staff has disaster recovery experience throughout the State of Florida, from Pensacola, Florida (Hurricane Ivan) to the Florida Keys (Hurricanes Dennis, Katrina, Rita and Wilma). In the 2005 hurricane season alone, BDR fielded over 1,800 staff -the majority in Florida - assisting cities and counties throughout the State recover from the damaging effects of Hurricanes Dennis, Katrina, Rita, and Wilma. Likewise, during the 2004 hurricane season, BDR fielded over 800 staff in Florida assisting our clients recover from Hurricanes Charley, Frances, Jean and Ivan. The map below provides a graphic representation of our disaster project experience throughout the State of Florida. The experience matrix included at the end of this section provides further detail regarding specific services BDR provided for each project and volume of debris managed. D-2 ©Copyright 2006, Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civic and criminal penalties. PAST PERFORMANCE BDR Disaster Recovery Monitoring Experience in Florida r' .,~~~., ktewsec~ ~ nilAo Beach t ~, k ~' ~.. i~ t "'~ 4 Q/kln s~ ~. „~ ` f ~ FIpt~C ~~ ~ e. ~{.3 ~ ~ .:e , .:,-. `,~ ~ ~~ Noples ~ C,+Sgper~C ,, Monroe Coin ¢A Raton In order to provide objectivity in the monitoring of debris haulers, BDR works exclusively for local governments in responding to disasters. This approach differentiates BDR from other monitoring firms that assist both local govemments and private sector debris haulers. BDR works only for the public sector. Our conscious decision and commitment to work only for the public sector ensures Miami Beach that no conflict of interest exists between BDR and the private debris hauling organizations that the City has selected. We are also careful not to over commit our staff to ensure we can meet the needs of all of our clients. All of our clients from the 2004 and 2005 storm seasons have provided only the highest level of feedback on the quality of service they received from BDR. As mentioned above, BDR has grown to a staffofover 100 full time professionals with and over 1,500 trained staff on call -many of which located along the Southwest coast of Florida from our recent work in the area. As a result, we have a full complement of staff that can be counted on to be ready to mobilize in the event of a significant storm event in or around Miami Beach. We strongly recommend you contact each of our client references included in this section to obtain comments on the quality of the services we provided in response to the 2004 and 2005 hurricanes. We are confident you will recognize the quality and experience of our staff after speaking directly with our client contacts. Some of our comprehensive services include: Debris Monitoring: BDR has extensive experience in all aspects of debris monitoring including truck certification, zone and map development, ticket preparation, tower monitoring, and FEMA reimbursement assistance. ©Copyright 2006, Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation maybe subject to civil and criminal penalties D-3 SECTION D Right of Entry (ROE) Programs: BDR staff is currently managing the ROE programs in Harrison County (MS), the City of Gulfport (MS), the City of Waveland (MS), and the City of Naples (FL) including public communication, eligibility review, property surveys, monitoring, and other ROE services. Our ROE experience initiated the FEMA reimbursable demolition and/or debris removal of over 3,000 residential properties. Debris Volume Estimation: Formulation of debris volume and debris removal contract cost assessments. Disposal Monitoring: Volumetric measurement of incoming loads and ticket authorization and completion. Beach Renourishment: BDR has managed the screening, testing, and replacement of beach sands on engineered beaches -work that is reimbursed under FEMA policy and guidelines. As a result, we are experienced and capable of managing such efforts for the City if the need should arise. Boat and Vehicle Removal: BDR has assisted communities in complying with all legal requirements for removing and disposing of abandoned vehicles and boats. Procurement and Contract Management: Hauler procurement and management of hauler contracts and i enforcement. Data Management: Ticket data entry and quality control and quality assurance. j Invoicing and Billing: Hauler invoice review and approval after reconciliation with database. BDR has processed well over I million load tickets, representing upwards of $1,000,000,000 in debris removal i activities. i FEMA/FHWA Reimbursement: In the last two years alone, BDR has assisted clients in preparing project worksheets, appeals, etc. associated with over $1 billion in reimbursement from various state and federal agencies. Emergency Planning: BDR has developed a variety of emergency preparedness plans including emergency operations plans, continuity of operations plans, site-specific emergency response plans, crisis plans, logistics plans, standard operating guides and hazard mitigation plans. Exercises and Training: BDR conducts exercises to test the effectiveness of emergency plans and provides emergency management training of all levels. Knowledge and Experience of Emergency Agencies, State & Federal Programs, Funding Sources and Reimbursement BDR has significant experience with federal, state, and local emergency agencies and programs, as well as funding sources and reimbursement procedures. As part of our work for the Cities of Naples, i Ft. Lauderdale, Orlando, Pensacola, Boca Raton, and Monroe, Miami-Dade, Santa Rosa, Collier Lake, Escambia, and Polk Counties, BDR staff was intimately involved in all aspects of federal, state and local agency coordination and - ~ f "~ ~~ associated programs including funding sources and reimbursement -:;~ecis of rederar :agile ,,~~ ia:a? procedures. i i j BDR worked closely with FEMA staff in the determination of debris eligibility, data requirements, project worksheet development, and I auditing of load ticket information and reimbursement requirements. a~enCy SOOrt~lr?8t7~?!1 ;~1iU~ ciSSE1^1dt@t~ programs hrclading ~undrr~a sources ,~r?d re;r?~l.;urserr;er~l; voce ~ur~is. D-4 ©Copyright 2006, Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation maybe subject to civic and criminal penalties. PAST PERFORMANCE This included providing step-by-step assistance to clients throughout the FEMA reimbursement process. We have worked closely with clients to maximize reimbursement from state and federal agencies including completing documentation and assisting FEMA staff in field audits to ensure maximum recovery for our clients. To date we have assisted our clients in receiving approximately $1 billion in FEMA funds. We worked closely with the Escambia and Collier County to obtain funding from the National Resources Conservation Service (NRCS), a division of the United States Department ofAgricultural under the Emergency Watershed Protection Program - to attain funding for clean-up costs associated with debris removal from inland waterways. We have, and continue, to work with clients to obtain matching funds from the State of Florida to further reduce the amount of direct costs incurred by local governmental clients. Our experience in expediting reimbursement is unparalleled in the Southeast, particularly in the State of Florida. We believe we can assist the City in a similar capacity - in either disaster preplanning activities - or in reimbursement associated with future storm events. Understanding of FEMA Debris Management and Reimbursement Policies In order to maximize public assistance for our clients, BDR maintains a professional working relationship with the Federal Emergency Management Agency (FEMA) at the Federal, Public Assistance Officer, Project Officer, and Debris Specialist Level. Constant communication and interface with FEMA allows BDR to obtain quick response on Disaster Specific Guidance such as stump removal, leaning tree and hanging limb removal, beach re-nourishment, and debris removal on private roads and private property. In the 2004 and 2005 storm seasons alone, FEMA promulgated new policies on stumps and leaning trees that resulted in the de-obligation of funds to many communities throughout Florida and other parts of the Gulf Coast. BDR's close working relationship with FEMA staff has helped avoid such costly de-obligations and maximize reimbursement to our clients. BDR uses debris estimate models and expert damage assessment to supply FEMA Public Assistance and Project Officers the information needed to generate Project Worksheets estimates at the beginning of a debris removal project. By assisting FEMA staff in the preparation of Project Worksheet estimates at the onset of the project, BDR is able to begin the flow of federal funds early in the project -many times prior to the actual receipt of invoices for the work performed by contractors -limiting the need for clients to tap into limited cash reserves or credit lines to pay contractors and then have to wait, in some cases for a year or more for FEMA reimbursement. Moreover, BDR also maintains staffing in Washington D.C. to assist in the reimbursement of funds for our clients and to obtain favorable interpretation of, many times, vaguely worded FEMA regulations and policies. Special BDR _.~i? ins rc,m~~ ~,~;uo~ is Lei rE 1,~, `;~` staff members Daniel Craig, FEMA's National Director of >,~~ated in vti<'rshirrgton_ d. C it7at ._ ~~~~ Recovery and Response until October 2005 and Jim Schuman, , ~rwide suppcr# in tracking client Pt-~~ FEMA's previous National Director of Legislative Affairs, are ,rr~irghout the fundi;rq process, t;~s~a, retained by BDR on an ongoing basis to help facilitate the reimbursement process and obtain clarification on FEMA ~!' i~tate fi,e reirnburseme~7t prr~eess a~w policies that are, many times, difficult-to-impossible to obtain ;obtain clarifiraf,~or c.,. FFt~'a. t~~l;c+r-s from on-the-ground FEMA personnel with limited 1 understanding of FEMA policies and regulations. Our data management and document storage procedures are tailored to facilitate FEMA review for the generation of Project Worksheet Versions throughout the project. BDR has successfully attained ©Copyright 2006, Beck Disaster Recovery, Inc. Confidentiah. This document is considered a trade secret and any misappropnation may be subject to civil and criminal penalties D-5 SECTION D reimbursement in excess of $1 billion on behalf of our clients throughout Florida, Mississippi, and Texas over the past two years. Our FEMA Appeals and Funding Specialists have worked with FEMA Closeout Officers to attain millions of previously de-obligated dollars for communities in South Florida, The Panhandle, and Mississippi. In the field, BDR operations managers and field supervisors intimately understand FEMA rules and regulations, for hand-loaded vehicles, stump, limb, and tree removal at unit rates, volumetric load calls at disposal sites, and Right-of--Way debris removal eligibility. This allows us monitor contracts to the highest level of detail while concurrently managing and documenting the operation using proven methodology that maximizes FEMA reimbursement. Understanding of Florida Department of Transportation (FDOT) Debris Management Policies and Regulations In an emergency situation, The Florida Department of Transportation, like the City, has an obligation to clear and remove storm generated debris that poses an imminent threat to public health and safety. BDR recommends that the City and FDOT establish clearance and debris removal assignments of responsibility in writing. FDOT roads consist of Federal Highway Authority (FHWA) On-System and FHWA Off-System road segments. Historically, FDOT has maintained debris clearance and removal responsibilities for Federal and State Roads. However, many FHWAOff=System road segments run through residential areas of the City. The City may want to take responsibility for debris removal on these segments in order to expedite residential recovery, better service the community, and maximize debris removal control within City lines. Proper documentation of this assignment of responsibility is critical. FDOT receives 100% reimbursement from FHWA for debris removal operations performed during first pass. Subsequent passes are reimbursed by FEMA at the disaster specific federal share. Proper documentation and executed agreements ensure that costs associated with debris removal on FDOT roads are billed back to, and reimbursed by, the proper entities. FHWA guidelines are not the same as FEMA guidelines for debris removal eligibility. BDR understands the FEMA and FHWA differing guidelines for debris removal and management and can greatly help the City avoid the unnecessary pitfalls many communities unintentionally fall into that result in out-of- pocket costs typically covered by FEMA and FHWA. These pitfalls range from lack of mutual aid agreements between the City and FDOT to differing methods for recording debris loads in the field. Understanding of Florida Department of Environmental Protection (FDEP) Debris Management Policies and Regulations BDR works closely with the Florida Department of Environmental Protection during recovery operations to ensure that all TDSRS locations are environmentally compliant. Though sites can be pre-qualified for probable permitting, TDSRS sites cannot receive emergency temporary FDEP permits and approvals until Federal and State Emergency Declarations are issued. BDR disposal specialists perform thorough inspections with FDEP Representatives to ensure that the location is on an acceptable elevation, outside watershed basins, and environmentally suitable for debris reduction. Appropriate soil testing is performed to serve as a baseline for review of site remediation. After the remediation of the TDSRS, BDR assists FDEP in the review of remediation and close-out of temporarily permitted sites. BDR manages sand recovery and debris removal operations to ensure that strict environmental compliancy is upheld, and endangered plants and animals are protected. D-6 ©Copyright 2006, Beck Disaster Recovery, Inc. Confidential.' This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. PAST PERFORMANCE Understanding of Occupational Safety and Health Administration (OSHA) Regulations All BDR Project Managers have completed the OSHA Disaster Site Worker course and have their 10- hour Construction Safety Certification to ensure sa a and effective operations. During a debris .,: [. . ;, ... .... vr,y '.. ,.r ~, 'o>y c. „c.,,,_; Hurries„< C,e nn up recovery operation, BDR Project Managers and t ~A 'tf FIC. " ° `, ~~ r ;, Supervisors routinely examine the safety of ~ ~ + = ~ ~ °y '' collection and disposal operations with the ~: ~ .~ r ;M~ authorit to shut dow f i Al K " ~ - "' "°~4 `'"` -" ~~ '•~° ~ `~ y n unsa e operat ons. l -• .:~ P disposal monitors are equipped with the iT~IWwwr ~eum al4mu pn~oal wrvXpam ~srtl. br vagary uM bY~. a~oM O.. mwten¢r0 Mraw.. appropriate Personal Protective Equipment ~~ ~- : ~ ,-„.,,,..-,...~.,,.r,,.,, which ma include: hard hats steel-toe boots "' ' ;~~'. , reflective vests, hearing protection, and eye protection, to ensure a safe work environment. BDR Project Managers conduct regular "tail gate" safety sessions with their field employees to alert them of potential work hazards and review safe work practices. In addition to OSHA trained Project Management, BDR has OSHA certified trainers on staff. These trainers are mobilized to oversee safety/hazard communication and train field supervisors and employees. BDR also has ability to evaluate TDSRS site operations to ensure they meet OSHA standards such as grinding equipment set back a minimum pre- determined distance from residential structures. rf M ~ n+~ . .dn, Tr... ,.,,,,~,.,„,:.,b:~.~...~,,:., ., ,,. a~ o:mma» .r.. ~.aw..::~~. . v .xn ,.. M1. nZ .:.1 ....1 ~:.~.«wr f.r~ x.1 n +4 r ~ . Experience Managing Coastal Disaster Recovery Operations ~: R. ~iN ,ar...~,.-~~.yc,sin.+r J.,~.e nr ''° ~ .„.,.,, M. ' ::.,, ~vE(' D15ASTGA AGCOVERY,:.w. Due to the coastal nature of Miami Beach, the City is prone to many unique, but substantial damages as a result of a significant storm event. These damages can include flood damage, beach erosion, sand displacement, private property devastation (requiring structure demolition and/or vegetative debris removal) and inland waterway disruption in the wake of a large storm. BDR has experience providing these and other specialty services to our clients throughout the Southeastern U.S. and has extensive FEMA reimbursement experience. The following is a list of areas in which BDR can assist Miami Beach in the event of a significant storm event: Beach Restoration ^ Sand recovery cost analysis and comparisons. ^ Strategic offshore sand recovery planning and staging. ^ On shore, debris laden, sand recovery and screening monitoring. ^ Berm construction spec quality assurance. Construction and Demolition Debris Collection ^ TDSRS site analysis to determine feasibility of staging and reduction of C&D, including regulatory agency permitting of C&D TDSRS sites. ^ Management and separation of hazardous materials. ©Copyright 2006, Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation maybe subfect to civil and criminal penalties D-7 SECTION D • Tracking of reduced C&D to final disposal sites/Class III landfills. ^ Generation of paper trail for submission to FEi~1.A for tipping fee cost reimbursement. Private Property, Right of Entry Work ^ Ordinance analysis to determine the best legal method to remove debris from private property. ^ Easement/ Right of Entry administration and databasing. ^ Private property vegetative hazard removal monitoring. ^ Private property demolition coordination and monitoring. Relevant Project Experience The project profiles listed below provide an overview of our qualifications and serve as a representative sample of BDR's experience in assisting government entities with similar disaster recovery activities. We have also included an experience matrix at the end of this section which provides a detailed listing of over 30 clients and associated disaster recovery services provided by Beck Disaster Recovery, Inc. Storm Debris Clean-up Panagement Miami•Dade County, Florida After Hurricanes Katrina and Wilma struck Miami-Dade County in 2005, BDR was retained to provide the FEMA required field monitoring services for Miami-Dade County. BDR's services to Miami Dade County were more complex than typical given the County's decision to allow local contractors to have prime contracts -many of which were unaccustomed to the accounting procedures required for FEMA reimbursement. In total, the County retained 31 contractors for the debris removal effort. Total Debris removed: 5,500,000 cubic yards Trucks: 1,700 TDSRS: 5 ^ Multi-jurisdictional Coordinati ^ Monitoring ^ TDSRS Support ^ Contractor Procurement BDR provided the full-range of monitoring services including truck • Data Management certification, field monitoring, tower monitoring, ticket data entry and Hauler Invoice Reconciliation management, and contractor invoice reconciliation. BDR also managed a comprehensive leaner and hanger removal program for the School District and Parks Department. In total, BDR managed the removal of 5.5 million cubic yards of debris in Miami Dade County following Hurricanes Katrina and Wilma. Parks and Recre~t~~;;r,a; .areas Dehl~ls Removal Miami•Dade Parks and Recreation Miami-Dade is a heavily populated and growing area in South Florida. The Parks and Recreation department consider the area's 300 parks to be among their most vital assets for the millions of tourists who visit there over the year as well as the local residents. Following Hurricane Wilma, which struck in the summer of 2005, Beck ~ ~ Disaster Recovery was retained to provide the FEMA required disaster Total Debris removed: debris monitoring services in the wake of this storm. 250,000 cubic yards Within hours of the storm passing, Beck Disaster Recovery had deployed a D-8 ©Copyright 2006, Beck Disaster Recovery, Inc. Coniidential~ This document is considered a trade secret and any misappropriation maybe subject to civil and criminal penalties. PAST PERFORMANCE full support team to assist with staging operations, project staffing and scheduling. Specific tasks of the Beck Disaster Recovery project team included: ^ Assisting the County with procurement of debris contractor; ^ Surveying and monitoring the removal of dangerous trees and branches along the City's rights-of--way; Monitoring ^ Managing data collection and data entry as well as providing contractor ^ Contractor Procurement invoice reconciliation and approval; and Data Management ^ Hazardous Tree Removal ^ Helping the City prepare FEMA project worksheets to obtain maximum ^ Hauler Invoice Reconciliation reimbursement. ^ FEMA Reimbursement Disaster Debris Clean-up Management City of Fort Lauderdale, Florida After Hurricanes Katrina and Wilma struck Florida in 2005, BDR mobilized a yards BDR provided comprehensive collection and disposal monitoring activities. _ Approximately 100 collection monitors were deployed daily to monitor collection activities. The portions of the City that received collection service ' Monitoring were mapped on a daily basis so that the City had a near real-time ROW Debris Removal ^ Data Management understanding of the progress that was being made. BDR was also Develop Zone Maps responsible for monitoring activities for hazardous stump removal, tree ^ Hazardous Tree Removal removal, and some water-way clean-up. Disaster Recovery and Debris Clean-up Management City of Boca Raton, Florida full support team for deployment to the City's Emergency Operations Center to 'f provide comprehensive disaster recovery services. BDR provided immediate on-site project management assistance to assist in '::.y.: formulating a plan for the long term recovery efforts of the City. As the City's debris contractor was mobilizing, BDR developed zone and map books to be used for collection monitoring activities. BDR also coordinated logistics with the City's sanitation crews to ensure an organized approach between the City's crews and those of the contract debris hauler. BDR oversaw all data management activities associated with the debris collection effort. We quickly installed a debris management database to track the huge numbers of trucks and debris loads brought to the City's temporary debris storage and reduction sites (TDSRS). Data entry staff were called in and trained on data entry processes. Daily emails were ~ • ~ sent to keep City staff informed of key statistics including number of trucks Total Debris removed: in the field, daily and cumulative cubic yards collected, etc. 1 050 000 cubic Within hours of Hurricane Frances striking Florida's east coast in September of 2004, BDR mobilized a full support team for deployment to the City's Emergency Operations Center to provide a wide range of disaster. ~~; BDR provided immediate on-site project management assistance to assist in formulating a plan for the long term recovery efforts of the City. © Copyright 2006, Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation maybe subject to civil and criminal penalties D-9 SECTION D As the City's debris contractor was mobilizing, BDR developed zone and map books to be used for collection monitoring activities. BDR also coordinated logistics with the City's sanitation crews to ensure an organized approach between the City's crews and those of the contract debris hauler. BDR oversaw all data management activities associated with the debris collection effort. We quickly installed a debris management database to track the huge numbers of trucks and debris loads brought to the City's temporary debris storage and reduction sites (TDSRS). Data entry staff were called in and trained on data entry processes. Daily emails were sent to keep City staff informed of key statistics including number of trucks in the field, daily and cumulative cubic yards collected, etc. BDR provided comprehensive collection and disposal monitoring Total Debris removed: activities. On average, approximately 20 collection monitors were 2D0,000 cubic yards deployed daily to monitor collection activities. The portions of the City that received collection service were mapped on a daily basis so that the City .Monitorin had a near real-time understanding of the progress that was being made. g ^ Data Management BDR was also responsible for monitoring activities for hazardous stump Develop Zone Maps removal, tree re-noval, and some water-way clean-up. In total, close to Hazard Mitigation Planning 200,000 cubic yards of vegetative debris were collected within the City. ^ Waterways Clean-up Support Comprehensive Disaster Program Management City of Naples, Florida Immediately following Hurricane Wilma's landfall on Florida's Southwest coast as a Category 2 hurricane in October 2005, Beck Disaster Recovery was on-site in the City of Naples mobilizing an emergency response team to provide comprehensive disaster recovery services. Beck Disaster Recovery provided comprehensive collection and disposal monitoring activities. Approximately 40 collection monitors were deployed daily to monitor collection activities. The portions of the city that received collection service were mapped on a daily basis so that the city had a near real-time understanding of the progress that ~ ' was being made. Beck Disaster recovery was also responsible for monitoring Total Debris removed: activities for hazardous stump removal, tree removal, and private property 400,000 cubic yards (ROE) administration. Perhaps the most important function provided by the Beck Disaster Recovery project management team was that of data management. Beck Disaster Recovery staff entered and analyzed load tickets resulting from the debris monitoring process. We were also responsible for debris contractor invoice reconciliation and approval as well as assisting the city and FEMA staff with the preparation of project worksheets for approximately $9 million in FEMA funding. • ROE Administration ^ Data Management ^ Hauler Invoice Reconciliation ^ Hazardous Tree Removal ^ FEMA Project Worksheets ^ FEMA Reimbursement D-10 ©Copyright 2006, Beck Disaster Recovery, Inc. Confidential. This document is considered a trade secret and any misappropriation maybe subject to civil and criminal penalties. PAST PERFORMANCE - __ Disaster Clean-up and Beach Restoration Services Pensacola Beach and Perdido Key Florida's Emerald Coast is known for its white, sugar sand beaches, The beaches are a critical element of the ~~ County's tourism-based economy and getting the beaches cleaned up prior to the "~~'-~ Summer tourism season was of paramount importance to the County. Hurricane Ivan ravaged the beaches of Escambia County, including Pensacola Beach wi"'`. ; and Perdido Key. Virtually every structure on the County beaches sustained major .~ ,~rv, `: , , damage -over 50 percent of structures were completely destroyed. The beaches meta similar fate. What sand was left on the beach was littered with debris. Berms and dunes were completely flattened. The County's $20 million, 2003 renourishment effort was washed away when the beaches took a direct hit from Ivan. BDR worked closely with the County's beach contractor, DRC, to assemble a game plan for getting the beaches back up and running again. BDR assisted the County in successfully making a legal argument to FEMA on the need for private property sand and debris removal. BDR and DRC were ~ ~ ~ • ., responsible for obtaining Right-of--Entry (ROE) forms from local residents , then scheduling and conducting the sand and debris removal. Totaf Sand Restored 1,500,000 cubic yards Sand collected from public right-of--ways and private property was taken back 8 miles of Emergency Berm to the beach for berm and beach renourishment efforts. BDR coordinated Constructed getting several areas of public beach screened so they could be re-opened to the public immediately. The remaining areas of the entire beach were later screened Program Management . ^ Berm Construction BDR was also responsible for construction management activities associated ^ Beach Restoration with the construction of a new 20 year protective protective berm. BDR staked ^ Sand Restoration ROE Administration out the berm location and monitored construction activities to ensure they were in compliance with the berm design. Disaster Recovery and Storm Debris Clean-Up Management Monroe County, Florida There is no area in the United States that is more frequently threatened by hurricanes than Florida's Monroe County, more frequently referred to as the Florida Keys. After Hurricane Dennis grazed the Keys in July 2005, Beck Disaster Recovery was retained to provide .. ~ _ the FEMA required disaster debris monitoring services. Recovery efforts in the Florida Keys Total Debris removed: 200,000 cubic yards were particularly challenging given the sensitive ecological environment and lengthy travel distance (approximately 150 miles from end to end). Specific tasks of the Beck Disaster Recovery project team included: ^ Help the County determine the roads eligible for Federal Emergency Management Agency (FEMA) and/or Federal Highway Authority (FHWA) funding; ^ Collection i;< Disposal Monitoring ^ Develop Zones and Maps ^ TDSRS Identification & Management ^ Hauler Invoice Reconciliation ^ FEMA Reimbursement © Copyright 2006, Beck Disaster Recovery, Inc. Confidential. This document is considered a trade secret and any misappropriation maybe subject to civil and criminal penalties D-11 SECTION D ^ Work with the County's contract debris hauler - DRC, Inc. - to develop zones in which to assign collection subcontractors; ^ Identify suitable locations for temporary debris storage and recovery (TDSR) sites; and • Provide oversight for the 4 TDSR sites established in the County. Beck Disaster Recovery's involvement included approximately ZO personnel performing project management, collection monitoring, disposal monitoring, and data management functions. In addition to data entry and QA/QC of load tickets, Beck Disaster Recovery was responsible for reconciling debris contractor invoices and authorizing payment by the County. Comprehensive Disaster Program Management Western Florida Panhandle -Escambia County, Santa Rosa County, City of Pensacola and FDOT ' BDR provided comprehensive disaster recovery assistance to nearly all of the local governments in the western Florida panhandle following Hurricanes Ivan and Dennis as well as two tropical storms. BDR's services also included serving as the field monitors for the Florida Department of Transportation on all state and federal roadways. These services included identification and permitting of l4 TDSRS sites, field and disposal site monitoring, and data management and invoice reconciliation. !n addition to field monitoring nearly 13 million cubic yards of rlehris, ~ BDR also provided monitoring services to remove nearly 2 million cubic ~ ~ ~ ~ yards of sand from roadways and structures on Pensacola Beach and 11,000,000 cubic yards Perdido Key and place the sand back on the beach. BDR further assisted in Beach Sand Screening: managing beach contractors in the construction of approximately l0 miles 2 000 000 cubic ards of protective berm. BDR was also responsible for providing QA/QC j services on beach and berm shaping. ^TDSRS Permitting & Another unique aspect of BDR's work in the western Florida Panhandle was Monitoring the management of a comprehensive Right of Entry program. BDR was ^ program Management Field Monitoring responsible for all paperwork, logistics, and monitoring associated with the Data Management ROE programs implemented by Escambia County and the City of ROE Administration Pensacola, for the removal of debris from private property. ' ^ Waterways Clean-up , • Debris Hotline Call Center BDR also managed a call center ("debris hotline") for Escambia County and ^ Upfront FEMA Funding the City of Pensacola to field resident questions, concerns, and complaints 'Hauler Invoice Reconciliation during the debris removal process. Disaster Recovery and Storm Debris Cfean-Up Management Cooper City, Florida Immediately following Hurricane Wilma, Beck Disaster Recovery was retained by the City of Cooper City, Florida to provide the FEMA required disaster debris monitoring services. Within hours of the storm passing, Beck Disaster Recovery had deployed a full support team to assist with staging operations, project staffing and scheduling. Specific tasks of the Beck Disaster Recovery project team included: ^ Certification of trucks for the City's debris hauler (Ashbritt); ^ Assisting the City and Contractor in developing zones and zone maps; D-12 ©Copyright 2006, Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation maybe subject to civil and cnminat penalties. PAST PERFORMANCE ^ Monitoring right-of--way (ROW) debris removal efforts; ^ Providing tower monitors at private debris disposal sites; ~ ~ _ ~ ^ Surveying and monitoring the City's stump and leaner/hanger removal Total Debris removed: program; 217,000 cubic yards ^ Management of debris removal efforts in City parks; ^ Load ticket data entry and contractor invoice reconciliation and ^ ProcuremenUContractin approval; and ^ Field Monitoring • Assisting the City in preparing FEMA project worksheets to obtain ^ Data Management ^ Hazardous tree removal maximum reimbursement. ^ FEMA Reimbursement Disaster Recovery Planning and Procurement Services Lake County, Florida BDR assembled and deployed a full disaster recovery team to the operational support center to assist '' with staging and logistics operations, project stating, and daily scheduling and .,.-. 3 dispatching for field inspectors. BDR oversaw all aspects of debris removal operations and monitoring including certifying the volumetric capacity (cy) of each collection vehicle and determining truck assignments. We also documented contract hauler trucks' cubic yardages; time in and out; number of loads/day; and other data. We worked with county personnel to respond to problems and handled "end-of--day" duties such as verifying all trucks had left the disposal site and the facility was properly locked down. ~,~ BDR also supervised all aspects of debris collection operations and monitoring including monitoring work areas with multiple trucks; issuing Total Debris removed: load tickets for each debris load removed; and monitoring work 616,707 cubic yards performance and productivity. We also provided troubleshooting for potential problems; coordinated with central dispatch staging; surveyed TruckiLoad Certification areas for special collection needs such as tree stumps, hazardous trees, and • Collection Monitoring C&D debris; and recorded/mapped the streets that had been completed. ^ Disposal Monitoring BDR's effort benefited the county by keeping total clean-up costs low, and • Data Management Invoicing Services the comprehensive documentation we compiled during the recovery Waterways clean-up process will help the county promptly apply for and receive reimbursement Hazard Mitigation Planning for the total clean-up cost from state and federal emergency management ^ FEMA Reimbursement organizations. NRCS Funded Gehns Pemoval -Inland Waterways Escambia County, Florida BDR assisted the Escambia County Natural Resource Division in identifying inland waterways requiring debris removal. Once identified, BDR coordinated with the County to analyze the dimensions, depth, and environmental condition of the waterways. Target easements adjacent to the waterways were identified to allow debris removal contractors adequate access to complete the varying scopes of work, and staging areas to place construction and demolition debris for loading and disposition to a Class 1 Landfill. BDR established a system to assist in the administration of easements throughout the County, and performed quality assurance with the Escambia County Attorney's Office to ensure that all legal 4 Copyright 2006, Beck Disaster Recovery, Inc. Con(dential: This document is considered a trade secret and any misappropriation maybe subject to civil and criminal penalties D-13 SECTION D documentation and County and NRCS notices to proceed were in place before work on individual DSRs commenced. Once scope of work was established, a notice to proceed was issued to the debris contractor on a project by project basis. If the waterway was navigable, divers and sonar equipment were utilized to locate ail underwater deposits. These locations were veritied by BDR Field Monitors. If the waterway was not navigable, visible debris was removed first to alleviate choke points in the water. Strategic collection and staging sites along the bank were then established to remove an adequate volume of debris to perform underwater sonar analysis. The various types of C&D debris and HH W removed from the waterways were catalogued by BDR monitors to verify contractor scope, report to all necessary environmental agencies, and provide necessary information for NRCS grant funding. Vegetative debris that hindered navigability or proper water flow was cut and set beyond the banks of the waterway to naturally decompose. Treatment of vegetative debris varied on a case by case basis in the interest of the future health of the waterway. In many cases root balls were not removed to curb erosion and prevent flood. Once the contractor removed all identified debris, a final walk-through was conducted with a County retained environmental expert to survey all potential impacts from the debris. This component was recorded by a BDR Monitor to verify scope and project completion, and provide Escambia County and NRCS with a comprehensive paper trail for funding and audit purposes. Disaster Recovery Services Florida Department of Transportation The Florida Panhandle was devastated by Hurricane Ivan during the summer of 2004, littering the area's state and federal highway system with debris. BDR was hired by the Florida Department of Transportation (FDOT) to coordinate collection logistics with the County and ensure collection operations were in compliance with FEMA and Federal Highway Administration (FHWA) guidelines during the 2004 and 2005 Hurricane seasons. Debris removal from state and federal highways in Florida is the responsibility of the FDOT. Soon after the landfall of Hurricane Ivan, FDOT made a decision to retain Escambia County's debris contractors to also remove debris from state and federal highways in the County. Most of the state and federal highways in the County were assigned to the County contractors - however, a handful of roads were assigned to another FDOT contractor. BDR assisted FDOT in keeping the various contractors on their assigned roads. There were a number of critical roadways on the barrier islands that were completely washed out by Ivan. For public safety purposes, a priority was put on making the roads passable again. BDR staff assisted the FDOT in coordinating efforts to ~ ' ' ~ recover sand from the island for use in rebuilding the roadways. Total debris removed: BDR's primary responsibility was collection and disposal monitoring. BDR 708,800 cubic yards collection monitors issued tickets on FEMA/FH WA eligible loads of debris collected on state and federal highways. Disposal monitors estimated truck capacity at the temporary debris storage and reduction sites (TDSRS). Once Invoicing Services the tickets were completed, BDR was responsible for entering tickets into a Program Management database for tracking purposes. The database was utilized to reconcile data ~ Data Management Monitoring against contractor data for invoice approval as well as FEMA and FHWA reimbursement accounting. D-14 ©Copyright 2006, Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secref and any misappropriation may be subject to civil and criminal penalties. PAST PERFORMANCE Public and Private Property Debris °emoval Program Management Cities of Gulfport and Waveland and Harrison County, Mississippi Hurricane Katrina made landfall in Mississippi on August 29, 2005 as a Category 4 with sustained winds of 145 miles per hour. The affects of Hurricane Katrina on the Cities of Gulfport and Waveland and Harrison County were devastating. Within hours of the roads being passable, BDR was on the ground assisting these communities with debris hauler procurement and contracting. The debris removal operation facing these communities was one the largest in United States history. As a consequence, the communities' initial concern and BDR's first task was to assist in working with FEMA to obtain advanced funding to finance the debris removal operation. BDR was successful in assisting the communities develop a $43 million project worksheet, of which $21.5 million was federally obligated for spending almost immediately. Upon receiving funding, BDR assisted in initiating right-of--way debris removal operation, right-of=way leaner and hanger removal program, and debris removal from City and County parks. In addition to the traditional debris removal programs above, BDR assisted with the following debris removal programs: ^ Hazardous food waste removal: in the aftermath of the storm the communities learned that chicken, pork bellies and beef from the port had been strewn about the City and County's streets. BDR assisted in monitoring the removal of this material in accordance with Federal and State regulations. ^ Residential and commercial private property debris removal: the magnitude of the damage caused by Hurricane Katrina made it necessary to enter private property, both residential and commercial alike, and remove debris in the sake of public health and safety. BDR assisted in assessing 5,000 residential properties and over 4,000 commercial properties. Small craft harbor debris removal: the storm surge that was generated ~ _ ~ by Hurricane Katrina completely destroyed the City of Gulfport's small craft harbor. BDR assisted in monitoring debris removal from the City's Total Debris remove 4,200,000 cubic yards harbor to ensure the operation was conducted in accordance with Federal and State regulations and the scope of work was completed according to _ the contract. ^ Vehicle and boat removal: the streets were laden with abandoned ^ ProcuremenUContracting vehicles and boats after Hurricane Katrina. BDR assisted in complying .program Management ^ Field Monitoring with all legal requirements for removing and disposing of such vehicles Data Management and boats. ^ ROE Administration ^ Hazardous Food Waste As of April 2006, BDR continues to be actively engaged in recovery efforts VehiclelBoatRemoval in Southern Mississippi with over 300 support personnel. Tn date, BDR has Waterways Clean-up assisted these communities with the removal of over 4 million cubic yards ^ Hauler Invoice Reconciliation of debris. Upfront FEMA Funding ©Copyright 2006, Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misapproprration maybe subject fo civil and criminal penalties D-15 PROPOSAL FOR DISASTER EMERGENCY DISASTER DEBRIS MONITORING SERVICES Section D -Past Performance Experience Matrix ~~7~B~~K / DISASTER RECOVERY.zNC. STATEMENT OF QUALIFICATIONS Experience Matrix Client Gibic Date Yardage o o ~ ~ a s - o ~ u ~ ~ o _ °p W s - U A p _ - ~ - J c ~ ,~ a ~ A ;n N ~ ~ in > ~ c lJ u c V ~ 'y c - ~ i R ~ y ~ .~ 1n ~ ~ ~ _ F C N ~ ~ ~ U A 0. ~ t A F b '_ w T _y u x v, ~ °, y O b°-' ~ ~ i U o Q Q c _~ c _a b ~ ~ ~ ~ n :°, w F F U A U A 2 .~ !- m o: ~ r7 U u. u Miami-Dade County, Florida 2005 3,000,000 r a ^ q ^ a a Pembroke Pines, Florida I 2005 930,000 w ^ s s ^ ^ Fc. Lauderdale. Florida 2005 901,000 ^ r ^ >a ^ ^ q ^ is i Cicy of Plantation, Florida 2005 811,000 ~ ^ ^ ^ r # ^ ^ ~ Ciq of Boca Ratan, Florida 2005 646,000 ^ ,A w ^ # ,~ ^ City of Hollywood, Florida 2005 600.000 a ^ 4 ^ ^ ^ Cicy of Miramar, Florida 2005 356,000 « w ^ ^ ~ ^ City of Tamarac, Florida 2005 315,000 ^ • ^ ^ ^ ^ Miami-Dade Parks & Recreation 2005 250,000 ^ ~ w ^ a ^ q ® u Cooper Cicy, Florida 2005 217,000 r ^ ^ r ^ ^ Monroe County, Florida 2005 200,000 ^ s ^ ^ ^ ^ s ^ City of Naples, Florida 2005 197,000 ~~ ^ a w s q ^ a ^ s lighthouse Point, Florida 2005 100.000 h r ^ ^ ,p a I City of Marathon, Florida 2005 100,000 ^ ~ ^ x r ^ r# Miami-Dade Public School District 2005 50,000 ^ a ~ , K ^ w Broward County School District 2005 30,000 ^ x r Collier County, Florida 2005 9,000 ^ w ^ ^ ^ * ^ Naples Airport Authority 2005 6.000 ^ ^ r ^ r ^ ^ Miami-Dade County, Florida 2005 2.500,000 ^ a a a ^ City of Gulfport, Mississippi 2005 2.000,000 • i, _ e a + ~ r ,, . ,~ Harrison County, Mississippi 2005 1,850,000 ^ ~~ ^ ^ ~r • • ^ w ..u x a r City of Plantation, florida 2005 450.000 ~ r ^ . w ^ r ^ "?F (~+iJALi'=1CATi0'vS Experience Matrix Client Cubic Date Yardage . F s 0 00 y Z ~ ~ ;, u, O C E m m ~ F = v m i V ° - - i P ~ G u V t U a ? d a) _ i ~ - ~ ...~ ~ ~ ~~ y I _ c z ~ o L o. U ~ ~ D ~ v V , ~ ... :d .t ~' _' ~ 6 _. - . .. ~ .}' R ~ v ~ iJ d w u. d w u. j Ft. Lauderdale, Florida 2005 400,000 ^ zn <a ,y ^ a City of Hollywood, Florida i 2005 360,000 :~ ~ h s a City of Waveland, Mississippi 2005 350,000 ^ ^ ~+ ^ a ^ • I Cooper City, Florida I 2005 217,000 ~ x • r Monroe County, Florida - 2005 200,000 ^ .. x ~ ^ ^ u I i City of Marathon, Florida 2005 15,000 ^ ^ ~n ^ ^ 1 Jefferson County, Texas 2005 4,600,000 • ^ I Monroe County, Florida 2005 200,000 ^ City of Marathon. Florida • 2005 10,000 ^ .w tt I Santa Rosa County, Florida 2005 2,000.000 ^ ~. i Escambia County, Florida 2005 1,200,000 ^ ^ n i Ciry of Pensacola, Florida 2D05 400,000 ^ • s Monroe County, Florida 2005 200,000 • :, City of Marathon, Florida 2005 20,000 ^ ~r Escambia County, Florida 2004 7,681,500 r ^ I Ciry o(Pensacola, Florida 2004 1.343,000 ^ • Florida Department of Transporution 2004 708.BOD • ^ r r r s ^ I • a a ~ ®~ • I x a a e -~i ar r a a ^ ^ a a i a • • i • ~ • ^ ^ ^ ^ ^ a e a ^ ^ a ^ ^ m ~ INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida and U.S.L. & H /Jones Act per Federal Law (If required). 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. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX3.Automobile Liability - $1,000,000 each occurrence -owned/non-owned/hired automobiles included. 4.Excess Liability - $ . 00 per occurrence to follow the primary coverage. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value $ . 00 _ Liquor Liability $ . 00 _ Fire Legal Liability $ . 00 _ Protection and Indemnity $ . 00 Employee Dishonesty Bond $ . 00 XXX Professional Liability $1,000,000 .00 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 Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Pro sal opening. Beck Disaster Recovery, Inc. Vendor Signature of Vendor May 12, 2006 RFP No: 16-05!06 City of Miami Beach 18 of 33 04/19/06 OFFICERS/DIRECTORS Heck Disaster Recovery, Ina. Directors Name Director Jay Biagi Jonathan J. Burgiel Albert B. Malmsjo, III Charles M. McLendon Merrill Ring Russell J. Stepp Officers Chairman of the Board Chief Executive Officer President Vice President Secretary Treasurer Assistant Secretary Name Albert B. Malmsjo, III Jonathan J. Burgiel Charles M. McLendon Nathaniel T. Counsell Jon M. Hoyle Jonathan F. Schaefer Jonathan F. Schaefer Elaine M. Clark Lin Ross Address(es) for Jay Biagi HUSINESS ADDRESS Monahan & Biagi 701 Fifth Avenue, Suite 2800 Seattle, WA 98104-7003 Address(es) for Jonathan J. Burgiel BUSINESS ADDRESS 1000 Legion Place, Suite 1100 Orlando, FL 32801 Address(es) for Elaine M. Clark HUSINESS ADDRESS 1001 Fourth Avenue, Suite 2500 Seattle WA 98154-1004 Address(es) for Nathaniel T. Counsell HUSINESS ADDRESS 1000 Legion Place, Suite 1100 Orlando, FL 32801 Address(es) for Jon M. Hoyle HUSINESS ADDRESS 1000 Legion Place, Suite 1100 Orlando, FL 32801 Page 1 REQUEST FOR PROPOSALS NO. 16-05/06 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP:03- 05/06 Addendum No. 1, Dated April 21, 2006 Addendum No. 2, Dated April 24, 2006 Addendum No. 3, Dated April 26, 2006 Addendum No. 4, Dated May 12, 2006 Addendum No. 5, Dated May 15, 2006 Addendum No. 6, Dated May 22, 2006 Addendum No. 7, Dated May 23, 2006 Addendum No. 8, Dated May 25, 2006 Addendum No. 9, Dated June 2, 2006 Addendum No. 10, Dated June 5, 2006 Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Roman Martinez Name of staff Beck Disaster Recovery, Inc. (Cons Itant -Name) C' i r-. ( ig ature) May 12, 2006 City of Miami Beach 6/7/06 Date 6/7/06 (Date) RFP Na: 16-05/06 22 of 33 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to city of Miami Beach [Print name of public By Charles M. McLendon, President/Coo [Print individual's name and title] FOr Beck Disaster Recovery, Inc. [Print name of entity submitting sworn statement] Whose business address is 4299 NVd 36th Street, Suite 306, Miami Springs, FL 33166 and (if applicable) its Federal Employer Identification Number (FEIN) is 91-2080979 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(8), 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. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. May 12, 2006 RFP No: 16-OS/06 City of Miami Beach 24 of 33 5) 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. 6) 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 Neitherthe entity submitting this sworn statement, norany officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any afi:lliate 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 FO CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM ~ ~ _ (Signature] Sworn to and subscribed before me this Personally known 18th day of_ OR Produced identification Notary Public -State of Florida (Type of Identification) 2006 My commission expires 3/9/10 (Printed typed or stamped Commissioned name of Notary Public) May 12, 2006 City of Miami Beach Natary Public State of Flonc Sandra Faiarcfo My Ccmmisslon CD577184 RFP Nc: 76-05!06 26 of 33 4UESTIONNAIRE Consultant's Name: Beck Disaster Recovery, Inc. Principal Office Address: 4299 NW 36th Street, Suite 306 Miami Springs, FL 33166 Official Representative: Charles M. McLendon Individual Partnership (Circle One) Corporation If a Corporation, answer this: When Incorporated: October 23, 2000 In what State: Washington If a Foreign Corporation: NiA Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Charles M. McLendon (Jonathan Burgiel, CEO) Vice-President's Name: Nathaniel Counsell Treasurer's Name: Elaine Clark Members of Board of Directors A complete listing of the firms directors and officers is attached. May 12, 2006 RFP No: 16-05106 City of Miami Beach 26 of 33 Questionnaire (continued) If a Partnership: NiA Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating A/E business: 16 2. Have any agreements held by Consultant for a project ever been canceled? Yes O No (X) If yes, give details on a separate sheet. 3. Has the Consultant or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? No If yes, please explain: May 12, 2006 RFP No: 16-05/O6 City of Miami Beach 27 0( 33 Questionnaire (continued) 4. Has the Consultant 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 bid and Qualification Form 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 overten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: None B. List all judgments from lawsuits in the last five (5) years: None C. List any criminal violations and/or convictions of the Consultant and/or any of its principals: None 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 May 12, 2006 RFP Na: 16-05/06 City of Miami Beach 28 of 33 Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Consultant and/or individuals and entities comprising or representing such Consultant, and in an attempt to ensure full and complete disclosure regarding this contract, all Consultants are required to disclose all persons and entities who may be involved with this Proposal. This list shall include 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 May 12, 2006 RFP No: 16-05106 City of Miami Beach 29 0( 33 Questionnaire (continued) The Consultant understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Consultant to be true. The undersigned Consultant agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Consultant, as may be required by the City Manager. The Consultant further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Consultant agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: Signature Print Name WITNESS: Signature Print Name WIT SS: Signature Sandra Fajardo Print Name (CORPORATE S May 12, 2006 City of Miami Beach IF INDIVIDUAL: NiA Signature Print Name IF PARTNERSHIP: NiA Print Name of Firm Address By: General Partner Print Name IF CORPORATION: Beck Disaster Recovery, Inc. Print Name of Corporation 4299 NW 36th Street, Suite 306 Miami Springs, FL 33166 Address Charles M. McLendon By: 'President Attest: Y ~--~ RFP No 16-06/O6 30 of 33 SECTION G RISK ASSESSMENT PLAN __ _ _ __ __., ffi As requested in the City's RFP and Addendum # 1, we have included our two page Risk Assessment Plan I in a sealed enveloped within this RFP response. G-RISK ASSESSMENT PLAN.DOC C,_1 SECTION F QUALIFICATIONS OF THE CONSULTANT TEAM Beck Disaster Recovery is staffed by a unique blend of technical, financial, analytical, and engineering talent each developed through ahands-on approach to problem solving. We're proud of our ability to attract and retain some of the best and the brightest. Rooted in sound engineering principles and business basics, our engineers, operations managers, field and support personnel work relentlessly to get communities back on their feet and properly reimbursed by FEMA and other emergency management agencies following a major catastrophe. BDR has grown to a staffof over 100 full time professionals with and over 1,500 trained staff on call - many of which are located in South Florida from our recent work in the area. As a result, we have a full complement of staff that can be counted on to be ready to mobilize in the event of a significant storm event in or around the City of Miami Beach. Our Miami office is located at 4299 NW 36`h Street, Suite 306, Miami Springs, FL 33166, and includes 30 full time professionals experienced in disaster recovery operations. This office is supported by BDR's headquarters in Orlando and additional offices in Plantation and Pensacola. BDR can offer the full range of capabilities including: collection and debris site monitoring, supervision, environmental engineering, project management, billing, invoicing, and FEMA reimbursement. BfiR `s ~fiarni once, supported ny ad:litiaral offices in Ortartdo. Pia-rtah'on and Pensacola er~sur~~s the iity a rapid artd efficient !"ob~bZ2tiQn. Through our extensive South Florida experience and efficient use of local staffing, BDR is the most highly qualified disaster response team delivering an expedient response time and cost-effective monitoring services. The following outlines the key personnel proposed for this project. The roles and responsibilities of each project team member are demonstrated in the organizational chart at the end of this section. Jonathan Burgiel Principal-in-Charge Mr. Burgiel serves as the Chief Executive Officer of Beck Disaster Recovery, Inc. In this capacity, Mr. Burgiel manages the business operations of all disaster recovery efforts including preparedness planning, project staffing, logistics, FEMA reimbursement support and accounting/auditing oversight, and debris hauler procurement and contract negotiations. Mr. Burgiel is dedicated to helping communities plan for and recover from disasters and provide the necessary documentation to receive the maximum allowable reimbursement from Federal and state emergency management agencies. To date, he has overseen the collection and disposal of more than 42 million cubic yards of storm debris. KEY AREAS OF EXPERIENCE ^ Disaster Recovery Planning ^ Comprehensive Program Management ^ Contract Negotiations ^ FEMA Compliance Monitoring ^ FEMA Reimbursement Mr. Burgiel's experience is based on 22 years with R. W. Beck, parent company of Beck Disaster Recovery, where he most recently served as the firm's National Director of Solid Waste Management. His disaster-related work has included assisting clients throughout Florida and the southeastern and Gulf Coast regions of the United States in response to the hurricanes of 2005 (Katrina, Rita, Wilma, and Dennis), 2004 (Charley, Frances, Jean and Ivan), Hurricane Lili in 2002 in Louisiana, and Tropical Storm Copyright ©2006, by Beck Disaster Recovery, Inc. F-1 SECTION F Gabrielle (2001). Most recently, Mr. Burgiel was responsible for supervising an immediate response team to provide storm debris clean-up and recovery planning efforts on behalf of Santa Rosa, Escambia, and Monroe Counties and the City of Pensacola, Florida in response to Hurricane Dennis in late 2005. Mr. Burgiel is intimately familiar with local state and Federal solid waste and hazardous waste regulations, as well as Department of Transportation (DOT) regulations, Florida Department of Labor (DOL) Occupational Safety and Health Administration (OSHA) regulations, and Federal Emergency Management Agency (FEMA) and Federal Highway Administration (FHWA) policies and reimbursement procedures as they relate to disaster and debris ranagement and recovery. Recent clients with whom Mr. Burgiel has been directly involved include: Counties of Miami-Dade, Monroe, Santa Rosa, Lake and Escambia; and the Cities of Boca Raton, Marathon, Orlando and Pensacola, Florida. Stryker Jones Project Manager Over the past few years Mr. Jones has focused his efforts on helping KEY AREAS OF EXPERIENCE communities across the southeast and gulf coasts recover from increasingly active hurricane seasons. Mr. Jones is experienced in all Comprehensive Program Management aspects of disaster planning and recovery including mobilizing response Operations Management ^ teams, permitting debris sites, public information and call center operations, database management and invoice reconciliation. He also Logistics provides private property Right of Entry administration, hazard FEMA Compliance Monitoring mitigation planning, waterways clean-up and beach remediation & Auditing Oversight services. ^ Hauler Invoice Reconciliation ^ FEMA Reimbursement Mr. Jones has served as an Operations Manager on several of BDR's larger debris management operations including assignments for Escambia County (FL), Jefferson County (TX), and Miami Dade County (FL). He is experienced in managing field monitors and working with debris contractors to establish and operate TDSRS locations. Mr. Jones is also a Certified Public Accountant and has over 25 years of experience in the public accounting industry. Through this experience, Mr. Jones has become well versed in accounting database applications (for load ticket management) and contractor invoice reconciliation and approval. A list of recent projects in which Mr. Jones has directly been involved with is provided below: ^ Miami-Dade County, FL - 5,500,000 cubic yards ^ Escambia County, FL - 9,000,000 cubic yards ^ Jefferson County, FL - 4,600,000 cubic yards SIn10n Clflyle Operations Manager Mr. Carlyle is an Operations and Project Field Manager for Beck Disaster Recovery, Inc. Mr. Carlyle has been directly involved in all KEY AREAS OF EXPERIENCE phases of disaster recovery efforts, including disaster management ^ Disaster Debris Management response, debris management and monitoring, and Federal Emergency ^ Field Monitoring Management Agency (FEMA) compliance monitoring protocol and Project Staffing reimbursement policies. FEMA Compliance Monitoring Through his disaster recovery work, Mr. Carlyle has developed Multi-Agency Coordination significant knowledge of federal, state and local regulations pertaining FEMA Reimbursement F-2 Copyright ©2006, by Beck Disaster Recovery, Inc. QUALIFICATIONS OF THE CONSULTANT TEAM to solid waste management, hazardous waste management, FEMA, Department of Transportation (DOT), Florida Department of Labor (FDOL), Occupational Safety and Health Administration (OSHA), and Federal Highway Administration (FHWA) regulations, policies and reimbursement processes. Most recently, Mr. Carlyle was responsible for assisting in the deployment of an immediate response team to provide storm debris cleanup and recovery planning efforts on behalf of the City of Miramar in response to Hurricane Wilma (2005). A list of recent projects in which Mr. Carlyle has directly been involved with is provided below: ^ City of Miramar, FL - 315,000 cubic yards ^ City of Waveland, MS - 350,000 cubic yards ^ City of Gulfport, MS - 2,000,000 cubic yards Joanne Martin Emergency Management Planning Manager Ms. Martin is recognized nationally for her knowledge and experience KEY AREAS OF EXPERIENCE in disaster preparedness, emergency planning and continuity of operations planning. Having led the growth of the company's Emergency Management continuity planning practice for government and business since 2001, Disaster Preparedness she has been involved in the development of more than 100 disaster Planning readiness plans for state governments, local governments, non-profit Continuity of Operations organizations, colleges/universities and private sector businesses. Planning Most recently, she performed training on the statewide standards and ^ Hazard Mitigation guidance for COOP planning for agencies of the Commonwealth of Virginia. Joanne is also a recognized national speaker on emergency planning and has provided continuity planning trainer to numerous communities and universities throughout the Southeast. Phl~ IVey Field CoordinatorlSupenrisor Mr. Ivey has extensive experience in hurricane recovery operations. [n the past two years, he has worked in 6 communities providing disaster KEY AREAS OF EXPERIENCE recovery operations. Mr. Ivey has an intimate understanding of all ^ Field Operations & Logistics aspects of emergency debris removal monitoring work activities from ^ Project Staffing both the contractor and monitoring perspective. Mr. Ivey has allocated FEMA Compliance Monitoring and directed manpower and equipment in a cohesive manner to ROE Administration accomplish assigned tasks and interfaced with federal and local governmental entities. Mr. Ivey is experienced in all aspects of disaster ~ ~~ planning and recovery including mobilizing response teams, permitting de bris sites, staging logistics, collection and disposal monitoring. He also provides private property Rig ht of Entry administration, waterways clean-up and beach remediation services. Dan Craig Funding and Regulatory Support Mr. Craig is a special consultant on an on-going retainer to Beck Disaster KEY AREAS OF EXPERIENCE Recovery. Mr. Craig most recently served as Director of the Recovery Emergency Management Division for the Federal Emergency Management Agency of the United ^ Disaster Preparedness States Department of Homeland Security. He was appointed by President Planning Bush in 2003 as the Director of the Recovery Division and was FEMA Mitigation responsible for overseeing the Federal government's recovery efforts on ~ Tr~ininn Copyright ©2006, by Beck Disaster Recovery, Inc. F-3 SECTION F _ __ _ _ _ all Presidential declared events including the Space Shuttle Columbia crash, the wildfires of 2003, and the hurricanes of 2004. Prior to being the Director of the Recovery Division, he was the Regional Director for the New England '; area where he was responsible for all FEMA mitigation, preparedness, response and recovery, and training activities in the six New England states. i3rgal~izational Chart PROJECT C~ ; ~~.~'~ r ~~~' 10[~~ I i i ~ I f'.f. i I r , , ;'~ r - l Principal-in-Charge { f I SirykPrJur;es ~ Jonathan Burgiel ~ . • ~ . _ ~~ r I -----_ --'-- ._~._ _ d ~ if ~ , _. _ - , r i J„ t SitTlOri Carfyh ~ i i `. _._. _.._....A__..____.._.r_..~.__ ._~._.__._ ~:,_ :,.,St-.~vt~nt ServiCeS Emergency Management PermittinglGlS Planning f Don Birnessei: P.E. J°'~~'~'~ ~'~' ` ~'' Resource Management i <~:r:n~ ~.~:- _i_~ ~ , Jonathan Schaefer. ~ Training i Debris Monitoring i ' Grant Support ' Byron Jones I_~nda 'ier,~: ,:~i ~,~ ~ ~, Phil Ivey .._.________~-_.._._._____.~ Data Managementllnvoicing I Jan Pacenta j I Joseph Thornton ~ ', Funding Support i Dan Crag ' t Jim Schumann Damage Assessment ', Keith Platte, PE. ~ ~ ,~ ~ ~ Public Information . , Jamie Floer ~/ DISASTER RECOVERY,t~c;. ' - _ __-_ F-4 Copyright ©2006, by Beck Disaster Recovery, Inc. SECTION E METHODOLOGY AND APPROACH Approach This section describes the general approach that BDR will utilize to provide the disaster debris monitoring services requested by the City. For organizational purposes, we have chosen to describe below the general approach that BDR will take in assisting the City in two discrete phases: ^ Pre-Event/Preparedness Planning; and ^ Post-Event Response and Recovery. A typical project work flow is also provided on page E-2, identifying the various pre and post-event activities invo]ved in disaster management preparedness and response. Pre-EvenUPreparedness Planning Following the unprecedented 2004 and 2005 hurricane seasons and more specifically the devastating results of Hurricane Katrina, government ignorance of the potential catastrophic results of a hurricane is no longer an excuse. At BDR, we work with our clients prior to Hurricane Season to ensure that the necessary plans, contracts, and procedures are in place in order to respond quickly and efficiently to any emergency situation and to identify and attain government funding programs available following a declared disaster. BDR provides a wide variety ofpre-event/preparedness services to our clients. The sections below provide a summary of the approach that BDR takes to a number of these services. Debris contractor procurement: Given our in-depth knowledge of FEMA reimbursement policies, BDR recognizes the necessity of competitively-bid contracts. We have assisted a number of clients in writing procurement documents and assisting in the debris hauler evaluation process. Our approach to assisting the City with this process involves understanding the geography, demographics, and culture of the community and developing a scope of work (and corresponding pricing structure) that encompasses all of the potential needs of the City. BDR designs comprehensive procurement documents and resulting , contracts to protect our client's economic health and eliminate potential exposure associated with scopes of work that historically have not been reimbursed by FEMA. Mock Training Exercises: A mock training exercise is an effective method of testing and evaluating the readiness of a community to respond to an emergency situation. We can assist the City in designing and conducting drills or "table-top" exercises to evaluate staff readiness. TDSRS Identification and Selection: As a result of BDR's experience in managing and monitoring millions of cubic yards of temporary debris storage and reduction, BDR understands the requirements necessary for an adequate TDSRS location. Our disposal experts review logistics, acreage, vegetative and population density analysis, local ordinances and contract reduction methods to identify safe, efficient, and effective TDSRS locations. We have experience in working with City GlS systems to identify potential sites and conduct fiield investigations to determine constituent acceptability and the likelihood of successfully permitting the site under FDEP emergency guidelines. Debris Management Plan Development: Specific elements of debris management plans prepared by BDR include an organizational assessment, a TDSRS evaluation to include Tier 1, 2, and 3 sites, a Copyright ©2006, by Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. E-1 SECTION E r -_ _..- --- _ - - - - -_ . __ _. _ __ I detailed summary of debris removal operations available to implement when necessary, and an action plan that outlines the specific steps that need to occur at each phase of the debris management process. i Typkal project work flow E-2 Copyright ®2006, by Beck Disaster Recovery, Inc. Conhdential• This document is considered a trade secret and any misappropriation maybe subjecf to civil and criminal penalties. METHODOLOGY AND APPROACH Multi-Jurisdiction Coordination: BDR recommends (and frequently facilitates) an annual meeting of those individuals from the City, incorporated cities, and other key stakeholders (FDEP, School Board, etc.) that may be involved in debris management issues following a disaster to outline responsibilities of each jurisdiction or agency. FDOT Coordination and Road List Database Development: Perhaps the most critical pre-event activity is coordination with FDOT on road clearance and debris removal responsibilities. BDR can assist the City in developing a road database with associated maintenance responsibilities and ensuring that there is a clear understanding between FDOT and Miami Beach regarding the road segments to be handled by each entity. Identification of the responsible applicant for various road segments is critical for reimbursement from FEMA and FHWA. Annual Meetings: In addition of the multi jurisdiction coordination meetings discussed above, BDR recommends one or more annual meetings between the City, debris contractor(s), and monitoring firm. The purpose of these meetings is to ensure a common understanding and coordinated effort regarding processes and procedures exercised prior to, during, and following a disaster situation. Public Information Planning and Support: Another critical element of a disaster preparedness and response program is accurate, coordinated public information. BDR is prepared to work with Miami Beach's Public Information Officer in preparing "pre-season" notices and educational materials to inform the citizenry of what to expect following a disaster. We also have extensive experience in preparing press releases and newspaper notices as well as participating in interviews on local access television stations. Process Readiness: Another unique approach of the BDR team is that of process readiness. !n the term process readiness - we are referring to the process of preparing BDR to react quickly and efficiently to a natural or man made disaster event. This process includes supply management of load tickets, truck certification forms, and other critical supplies necessary for immediate response and accurate documentation. We use technology to make data management more efficient, upgrading our load ticket and invoice reconciliation software systems. Our management team broadens their knowledge and skill sets with FEMA guidance workshops, advanced OSHA certifications, and emergency response training. Grant Support: BDR has extensive experience in developing funding strategies to assist communities in receiving Federal and State disaster and mitigation funding and special appropriations for disaster relief, long term recovery and mitigation projects. We routinely provide Local Mitigation Strategy staff support to improve the community's resistance to damage from known natural hazards by providing technical and strategic assistance in prioritizing and positioning their initiatives to compete effectively for pre- and post-disaster mitigation funding, thereby reducing the cost of disasters at all levels and speed community recovery. BDR is prepared to work with the City in determining the planning and preparedness services that the City feels are necessary. Post-Event Response and Recovery The "Response" Phase is the period of time immediately following a disaster event when essential roadway arteries must be cleared in order to allow access for emergency vehicles, food and water distribution, etc. The "Recovery" period follows the Response Period and includes the vast majority of debris removal operations. The sections that follow present BDR's approach to services during the Response and Recovery periods. Copyright ©2006, by Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. E-3 SECTION E Project Management BDR's approach to project management involves the development of a robust project team to allow for key staff with project management responsibilities to focus exclusively on the project management function. Specific elements of BDR's project management approach are discussed below. Project Management Plan (aka Debris Management Action Plan): Upon activation, one of the initial tasks that BDR will perform is the development of a project management plan for the specific disaster occurrence that includes essential documents including: (1) and organizational chart showing the inter- relationships of City, BDR, and debris removal contractor staff, (2) a contact list of relevant staff persons from the City, BDR, and debris removal contractor staff, (3) a copy of the BDR and debris removal contractor contracts, and (4) other key field documents such as a City map depicting TUSRS locations, etc. Cost Tracking: BDR recognizes that one of its primary responsibilities is to expeditiously implement a cost accounting system to capture critical data required for reimbursement by state and federal agencies. Daily Meetings: BDR will facilitate daily meetings between City, BDR, and debris removal contractor project management staff (typically around 4 to 5 p.m. in the afrernoon) to discuss daily results, problems that require resolution, coordination issues, potential operational improvements, etc. BDR staff members in attendance will include BDR's Project Manager (or their designee), the BDR Operations Manager for each contractor, and other appropriate BDR staff as necessary. BDR has found that daily meetings are essential for the first few weeks of a debris removal operation after which frequency is typically reduced, as appropriate. Work Scheduling: BDR will work with the City's designated Debris Manager to schedule work for each day. BDR will assist the City in identifying and addressing critical damage areas and "hot spots" that require immediate attention. Reports and Website Management: Information is one of the most critical elements of a debris removal operation. BDR's daily reporting system will provide the City with daily and cumulative statistics, including : (1) number of collection vehicles operating, (2) total loads and cubic yards collected per TDSRS, by debris type (3) total loads and cubic yards collected per contractor, by debris type(4) average truck size per contractor, (5) number of participants at public drop-off sites, etc. A copy of one of BDR's standard daily reports is included in Section 4. BDR is also prepared to comply with the City's requirements for weekly reports, a final summary report, and other reports and documentation as requested. BDR can assist the City in developing and managing a website on the debris removal process. The website would likely include: (I) instructions on proper debris set-out procedures, (2) maps (updated daily) showing the progress of debris removal operations and general timeframes when debris removal contractors can be expected in a general area, and (3) daily and cumulative debris collection statistics (loads and cubic yards removed). Debris Hotline Call Center Operations: Following a disaster, citizens will look to the City for ~ direction regarding the debris removal process and project progress. BDR is prepared to assist Miami Beach in establishing and staffing (including supplying equipment, phone lines, etc.) a "debris hotline" to respond to public complaints and concerns. BDR operated Escambia County's debris hotline - as a i E-4 Copyright ®2006, by Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and cnminai penaltres. P~IETIiODGLi~GY ANC APPROACH FEMA reimbursable expense -following Hurricanes Ivan and Dennis for approximately a 12 month period. Contractor Damages: Damages resulting from contractor debris removal efforts are inevitable in a debris removal effort. BDR has developed a database application to track and help the City manage contractor damages. Resource Management: BDR maintains a staffof Resource Managers in our Orlando, Florida office with an exclusive responsibility to assist Project Managers and other field staff in obtaining and coordinating staff, equipment, and other field logistics Damage Assessment BDR possesses unique skills and resources to assist the City with a damage assessment inventory following a natural or man made disaster. Our approach to damage assessment begins with the BDR project manager coordinating with the City's debris manager (or other assigned individual) to identify the specific damage assessment services requested (e.g. debris related, structures, utilities, etc.). The BDR Project Manager will communicate with the BDR Resource Manager and the appropriate staff with the proper service acumen will mobilize. A key element of the damage assessment process is determining the quantities of debris created by the event throughout the City. (n order to adequately plan and mobilize for a disaster debris recovery effort, it is critical to understand the potential quantities of debris that may be generated. BDR has found that rather than relying upon a single approach, a combination of debris estimating methodologies generally produces a more accurate estimate. BDR will perform both computer model driven and in-the-field evaluation of the amount of debris requiring removal. The debris estimating methodologies that will be used include: ^ U.S. Army Corp of Engineers Debris Estimating Model (this model is widely utilized and takes into account factors such hurricane category, population base, amount of vegetative cover, etc.); EAwmUia GJUnQ I Fl(Iridll ~.~ I i ' - 1. a'rrpry lllncb» 1)1.`:.1'1.11' Iv l: ('•_~•~,.. Cunie 1"rdnuc t9i~•!rtc IiYrmmeA 21MI5 floueMiJa AO.AhA \'ryc(anm l'Aea~M.~n+lrc Hem L'.,nm~ialna,w,;r r><,.in ~ladimn L.nm Freupilalim Ilur~.lm•li. \IcJium Q- 11 (CN~'NtllNSI »lacrc-. Q ylwlm, uflL~wi. in cuhiu,aJ, J.iSO1NN1 11 L(Imto aftolnclwllY W,86tl C wwm uN(lar) faanr m culwe,ar•6 ?4 \' •ctlalali,e clec.:ler:nw mulnrlirr ISO N- memir~Mwrll...induunr mldnplier - 1.11 F +I.Nm pwipwim clernc4autic mlrliplia l.If flee. \Y.nnly Ikhri. I,JnS,IkN1 \F.acJ(&1)Iklna J,143,IAN1 'f.NOI IInNN. J~.f11,INMl rn,l r Nm.re Lleei H'.nd, IleNri, \'»lume 1. Nl\!11X1 l'kan l\'wd, Illai. Nam f 21.fU Mean N'rob)~Ikl+m L'onl F.nlimllc S 27.659.J15 ]BacJf&Ll Ik1nn \'.N.um .7,OJS,IMA) \li .a1 CdU IkM1ia Wlc f 2' M \tiaalCAl>I7,•Mie('ml F:4imMe f 6tl,Y21,5]S T.NaI UrMa 11nr..».1 CmI FrlmNe III f 94fAJ.U!A 71u111IoM»wlnA (ir Mwllwab nl f If,S/QA1A i~Aal /l~hrln WlmrrdCw F.einule l'I f Ilf,tlA),66tl ^ Drive-By Parcel Survey to estimate the average quantity of debris per parcel, then multiplying the debris per parcel figure by the total number of parcels (residential, commercial, or both) in the applicable jurisdiction. I•I vr~i:: _.. _.~....._ an•..._._.... fw.e..ew. isw. ^ Flyover (to determine if the debris field is isolated in certain areas or widespread across the entire jurisdiction); and ^ Personal estimates by BDR and debris contractors experienced in disaster recovery efforts. Each of these approaches will be considered in developing an estimated debris volume in the City. Copyright ©2006, by Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation maybe subject to civil and criminal penalties. E-5 SECTION E Push Period Assistance The 72 hour push period is the time when debris removal contractors (and/or City crews) are charged with clearing blocked roadways for emergency vehicle passage. If contractor crews are utilized, the work is generally done on a time and materials basis during this period. Because this period is typically reimbursed by FEMA at 100% Federal Share Levei, it is critical that equipment utilized for emergency road clearance work is properly identified and logged. BDR is prepared to assist Miami Beach during the push period in a number of ways including: (1) conducting an inventory of blocked roads that require immediate clearance, (2) administering the sign in and sign out of labor and equipment to track time and material charges, (3) assisting City staff in maintaining maps or databases to track road clearance progress, and other essential tasks as requested. Public Information Support Those local governments that have received the highest praise from their citizenry following a disaster are typically those that have communicated the best. BDR is prepared to provide public information staffing support as requested by the City. BDR has full-time public informationlrelations staff available to assist City staff with press releases, public notices, web-site development and support, and other public information functions. Truck Certification Truck certification is perhaps the most critical element of the monitoring component of a debris removal project because the process establishes a volumetric capacity for each collection vehicle utilized -many of which deliver hundreds of loads during a debris removal project. Minor errors in truck certification measurement and calculation can result in substantial volumetric and cost discrepancies. BDR has established a standard methodology for truck certification. Aspects of BDR's truck certification procedure include: ^ Use of the BDR truck certification form. This form includes the latest in FEMA guidelines on truck certification documentation and volume calculations. ^ Minimum Vehicle Requirements: BDR will inspect collection vehicles to ensure FDOT and City compliance. ^ Special notations on truck placards for sideboards and other unique vehicle attributes. These notations inform tower monitors that the measured capacity includes sideboards (or other modifications), thus discouraging collection contractors from fraudulently altering vehicles after certification. ^ Photography of vehicles and drivers. ^ Periodic spot checks and recertification of trucks that were potentially altered after initial certification. Field Monitoring l BDR has developed a number of unique approaches to our field monitoring program. Specific aspects of this program are highlighted below. I I Local Employees: One very important goal of a disaster recovery effort is to put displaced workers i from the local area back to work. BDR is committed to hiring and training field monitor staff from Miami Beach. Typically, 95 percent of our project staff is hired from the local area. To the extent there E-6 Copyright ®2006, by Beck Disaster Recovery, Inc. Confiden6al.• This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. METHODOLOGY AN D APPROACH are concerns over the quality of field collection monitor staff, BDR is prepared to bring in experienced field monitors from other parts of Florida (all of which worked for BDR during the 2005 storm season). All BDR field personnel will be provided with badges (including a recent photo) identifying them as City contractors. Field Monitor Training Program: Prior to monitors being put in the field, they are required to participate in BDR's field monitor training program. Our 2006 training program will include a video and PowerPoint Presentation on field monitor responsibilities. In addition to this training, monitors will be provided with a variety of field reference documents (e.g., sample completed tickets, etc.). tsltR±s c::>rn,r?+tted to "i~r:~q a;~d trt;~inr; r1d rr~onrtor st8`l from !!~;~rmi Beai:f~ to assist dr.splac~~;t ~vorkers cp~t b:~ck to work Typically ~1; perce~>r of _,ur pr:;Nct staf` is tarred hv~n the ic~cat area Daily Field Monitor Operations: The bullets below highlight some of the various aspects of a BDR debris removal program. ^ At the start-up of collection operations, BDR collection monitors arrive at the staging location approximately 45 minutes prior to the start of field operations. Activities that typically occur during this 45 minute period include: 1) debriefing by Collection Manager and/or field supervisors vn important issues, 2) distribution of safety gear (caution lights, safety vests, etc.), and 3) distribution of map books and debris tickets. Strict records are kept of the debris ticket numbers assigned to specific monitors allowing for easy tracking in the event of alleged fraud. ^ At the outset of collection operations, we anticipate approximately one monitor assigned to approximately four trucks. As operations continue and trucks spread out within collection zones to efficiently collect scattered debris, the ratio of monitors to trucks will likely decline. ^ A collection field supervisor will be assigned to approximately ten to twelve monitors. BDR has found this to a reasonable ratio thereby allowing field supervisors to routinely interface and perform quality assurance control checks with field monitors on multiple occasions each day. Responsibilities of the field supervisor include verification of load ticket accuracy and response to collection monitor and debris contractor issues in the field. ^ Field monitors shall be responsible for: (1) verifying the proper loading and compaction of debris into the debris recovery contractor's certified loading container, (2) ensuring that all debris recovery contractors and their subcontractors adhere to Miami Beach' Debris Management Action Plan and that they are working in an efficient and safe manner, (3) surveying their assigned areas for special need issues (e.g., stumps, leaners/hangers, etc.), and (4) photographing loads as directed by the City. ^ At approximately 3 p.m. each afternoon, we will ask the debris contractor project manager to provide an estimate on the number of monitors that will be required for the following day. This will allow time for the BDR scheduling manager to schedule the appropriate number of collection monitors for the following day. ^ At the close of operations each day, all collection and disposal monitors will report back to the staging area to 1) turn in all completed tickets, 2) update the master map book showing street areas cleared of debris on that particular day, and 3) report any inconsistencies or problems that occurred during the day. QA/QC Program: The vast majority of ticket errors occur within the first few weeks of the initiation of a debris removal program. As such, BDR assigns QA/QC staff to each TDSRS tower with the sole responsibility of reviewing tickets and contacting supervisors and field monitors immediately after errors Copyright ©2006, by Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation maybe subject to civil and criminal penalties. E-7 SECTION E are identified. This process serves three very important purposes: (1) it allows BDR to quickly rectify ticket en•ors by getting the correct information immediately, (2) it provides instant feedback to field monitors thereby reducing errors that would otherwise be made throughout the day (until such time as tickets are reviewed), and (3) it allows BDR to track monitor performance (and terminate those monitors that make repeat errors). Other Field Monitoring Support Services: BDR has extensive experience with all aspects of debris monitoring beyond traditional right-of--way monitoring to include: (1) leaner and hanger removal programs, FEMA and NRCS waterways debris removal programs, (3) abandoned vehicle and vessel recovery programs, and (4) comprehensive private property/Right of Entry (ROE} debris removal programs. BDR has administered the largest ROE programs in recent history including programs for Escambia County (FL}, Gulfport (MS), Harrison County (MS), and Waveland (MS). TDSRS Monitoring and Support BDR's approach to TDSRS monitoring and support stems from the parent company's decades of experience in the design and operations of solid waste management disposal facilities. Examples of specific approaches relative to TDSRS monitoring and support are identified below. TDSRS Emergency Permitting: BDR is highly knowledgeable of the FDEP Emergency Permitting Program. BDR routinely serves as the local government's agent for TDSRS permitting issues. TDSRS Tower Monitoring: BDR will provide a minimum of two tower monitors per TDSRS tower site. Specific responsibilities of tower monitors shall include: (1) making truck fullness load calls and recording the information on the proper load ticket, (2) taking photographs of loads (as directed by the City), (3) consulting with truck drivers and debris contractor staff on potential safety issues, (4) verifying that contractor equipment is empty prior to leaving the TDSRS, (5) collecting and organizing load tickets and providing them to designated BDR staff. BDR's tower monitor training documents are included at the end of this section. BDR is also prepared to provide security at TDSRS sites while not in operation. Public Drop-Off Site Operations: BDR is prepared to provide site supervision (at levels directed by the City) for any public drop-off sites that the City may elect to open. Residential drop-off site services routinely provided by BDR include site permitting, traffic support, address verification (eligibility determination) and recording, general customer service functions, and site closure and security. Market Assistance: BDR staff is uniquely familiar with disposal and recycling markets throughout the State of Florida. During the 2004 and 2005 storm season, BDR has assisted a number of our clients in evaluating proposals by collection contractors on proposed outlets for storm debris residuals (both chips and C&D debris). Other TDSRS Support Services: BDR is prepared to assist Miami Beach with any other TDSRS services that may be required including traffic support (i.e., flaggers) and after-hours site security. E~ Copyright ®2046, by Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. I,+ETHODOLOGY AND AFPROACN Data Administration and Invoice Reconciliation One of the most important and time consuming elements of a disaster recovery operation is the process of managing thousands of load tickets and reviewling and approving debris contractor invoices. BDR has received praise from both municipal staff and debris contractors for the promptness and level of attention that we have placed on this very important element of the debris recovery process. After tickets are turned in to the staging location each day, the following steps will take place: ^ Tickets will be transported to BDR's local field office and entered into BDR's database on the following day. ^ As soon as all tickets have been entered (typically around 3 p.m.), the City (and any other stakeholders that the City would like to have the information - FEMA debris coordinator, etc.) will be emailed a summary of the previous day's work to include total trucks in the field, total debris loads collected (by material type), total cubic yardage collected (by material type), and other data, as requested, by the City. BDR can also provide a daily GlS map to the City showing the roads that have received first, second, and third collection passes. ^ If desired, BDR can also maintain this information on a City or BDR website so that accurate, near real-time information is available to the public. ^ Tickets are filed in numerical order, by day, by debris site. City or Gulfport I Mississippi , (1 I ~ { . ~ ~ ; ,., ~ ~ ~ . /p1A DR IAA F[urrlcwe AOlo• .' UI ti:IS I k. IC i2L1. l.I I I: I2 ~ Yd~Cal-aN vw Rewln-rt fallenlw SJa11Wa1-r PR/ Tnn4r. HrG 1121RK ~ -1.~ Lti,~, Y.ca, arnrd u LAYa'. '~ ILRM•ry J4 YM1: Itl I,YN' L„umn wl _ w! r«noOrorolomnr. u m ReichrklRwAl'A . ~r.v~:..uw Tarn,rc Laaekas fl: 11w pr.n «n.~J '!a„1 Ilu f,U56 ~. ....... -. courtllr„alwwnl-J rnl CWatlM1lhe 1>rr1M l~Dxr -IrMr lrr.unn. n'di Rrn rn 7J.sY6 I.ltls,!oY Tnrw,.M:a la, :w16 md~wn+Y rA J.YN I.a.lau Ls,imv 1'il 20.1 lu b3t, J9D 1'e6nYY•e 5T^• `_967 P.w'u, Gc.neLndfill /16 2D.79J' ('hU J7•: 7.IY! Ren-oM RmA Yrt 7R2 I;T9 TaY .<0!6 Tarin~:lm'eFn•PU'. IO.tSJ -- Jf&39'i Tad di.IPl 7.75).,,, - ntrrdr ur,-A~ fvdl LY~JNIVe.SYard lr DNe \'cllM1alne JS•'. 9711?, CdU titi•. _ _I.SJ_u.62J 7aY '..J69.170 ^ ~ Tnd f',m,dtuw YAK Cdlacld: 7,)6tl Iln _ _ _ Gry. Cullx,ad: I,D CWetllnn Perfnnroc -Ir41o EA Yd'Rannaa4(^cu~Mle«d l: s569RD Fn nql Rrnnidnq it cw.an In~el3 111 ~, IYndc\. NnrC- Il ]Otlf Nu,bn ol2mn Wnkrd: 8 j Tnnkr ui nle F~dA bD ~ ~ ° TaN YA'CaAlslsl . .!!a6 JIi L,.Ar cl,ll.c,ca IIII 1 ~ Avayc LunllYd'1 JY ~a o ,a AfM1ximnn f3.T IVA',. n5.97r I ntu,a.o.,Dr.n~a'e 1~ •anDw.+.,<a..,..w. Y.nanx,amioa,,.. f~nrll.,,. Sd.ona. w Dispngl Mmilmi' S ^ Database queries are run to check for blank fields on tickets, duplicate ticket nu-nbers, unreasonable cycle times (time loaded vs. unloaded), etc. If a problem is noted, the tickets are pulled and reviewed. If necessary, the collection monitor who wrote the ticket is interviewed to clarify critical information. • For invoice reconciliation, once invoices are received at BDR's offices they are electronically and physically date stamped. A database query is run that performs a ticket by ticket comparison of the BDR database versus the contractor database. The database generates a report that shows where the two databases agree, disagree, or have missing information. A BDR data analyst is tasked with pulling all tickets in question and making a determination of required corrective action. A pre- approval report summarizing all tickets that match or pass the reconciliation process is forwarded to a BDR financial analyst. To the extent that tickets still in dispute are less than the contractor's retainage -the invoice (less the retainage) is approved for payment. The BDR manager in charge of invoicing then prepares a letter to the City representative responsible for invoice payment recommending payment of the invoice. Following invoice approval, an extensive process to evaluate Copyright ®2006, by Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. E-9 SECTION E tickets that differ in the BDR and Contractor databases is performed. This typically requires significant communication between BDR and contractor staff to resolve discrepancies. After all discrepancies are resolved, BDR sends afollow-up letter to the City recommending the amount of retainage to be released. Finally, a BDR invoicing specialist performs an audit of materials in the invoice file to ensure that the file is complete. • BDR's proprietary database allows the City to track the impact payment approvals make on obligated Project Worksheets and City Purchase Orders. This allows the City to effectively plan PO adjustments and the need to generate adjustment (Version) Project Worksheets. Funding Support BDR is committed to ensuring that our clients receive maximum reimbursement for eligible work from state and federal agencies. Specific funding support services provided by the BDR team are outlined below. Immediate Needs Funding Support: One of the unique elements of BDR's approach is our focused initiative to obtain Immediate Needs Funding for our clients. This process involves: (1) development of a debris quantity estimate that is supported by FEMA staff, and (2) preparation of a project worksheet to cover the estimated cost of the entire debris removal effort at the outset of a project, and (3) assisting the City and FEMA Public Assistance officers with PW amendments (as actual debris quantity estimates begin to firm up). 9GRr expertise ~n obtains-ig irp-fr:mt funding from FEt~?A for tocaf gove~~unerd clients -greatly reduces tha need to dram genera/ fund res;r;es o; r,'raw ors rred~t lines. Appeals: Based on our in-depth knowledge of FEMA reimbursement policies, BDR routinely assist our clients in preparing appeals. Our legal staff and appeals specialists have successfully recovered millions of dollars of previously de-obligated funds on behalf of communities throughout the Southeast. Funding/Regulatory Assistance: BDR has former senior level FEMA staff located in Washington, D.C. that can provide support in tracking client PWs throughout the process and providing quick response to problem issues that may be slowing funding. Other Preparedness, Response, and Recovery Services In addition to the services outlined above, BDR is prepared to assist Miami Beach with other disaster preparedness, response, and recovery services as needed. Such disaster and emergency services may include: Pre•event disasterlemergency management planning services ^ Emergency operating and preparedness planning studies ^ Hazazd mitigation planning • Emergency Management Accreditation Program (EMAP) approvals • Continuity of Operations Planning (COOP) • Provide training of City staff in essential debris management and collection functions ^ Mitigation grant writing and project management ^ Other pre-event disaster/emergency planning services E-10 Copyright ®2006, by Beck Disaster Recovery, Inc. Confra~er-fial: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. P~ETH~DOLOGY ANDAPPROACH Post-event disastedemergency response and recovery services • Infrastructure damage assessment and restoration ^ Housinglbuilding/utility/transportation system inspections, engineering, contract procurements and construction management ^ Assessment of habitability of residential and other structures ^ Hazard mitigation plan development ^ Hazard mitigation grant writing/development ^ Signage inventory and replacement ^ Other post-event disaster/emergency response and recovery services. Copyright ©2006, by Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. E-11 Attachment "F" FEMA Guidelines 19 Debris Mana ement Contractin and Monitorin Applicants may use force account labor and resources to accomplish part or all of the work after a disaster or they may use contractors. If Contracting Tips: contractors are used to do part or all of the work, the Applicant must / FEMA does not recommend, pre- follow FEMA contracting guidelines to ensure maximum reimbursement approve, or certify any debris for debris removal and disposal efforts. contractor. / Only FEMA has the authority to make Acceptable Contract Types eligibility decisions; contractors cannot make eligibility 1. Time and Materials -Cannot be used for more than 70 hours of determinations. actual work. This type of contract is usually used immediately after a / FEMA does not credential any disaster to mobilize contractors to star[ emergency removal efforts. personnel other than official employees These contracts should have a termination clause and anot-to-exceed and Technical Assistance Contractor limit for both time and costs. The contract should be terminated when personnel. the first of these limits is reached. / Contracts should have awell-defined 2. Unit Price - Is usually used when the scope of work is hard to define scope of work, specified costs, basis of and is based on estimated quantities of debris. Unit price contracts payment, and delivery schedule. are based on weight (tons) or volume (cubic yards). These contracts / Contracts must be competitively bid require close monitoring during removal, hauling and disposal to and have "reasonable" costs. ensure accuracy. / FEMA will participate in uniform 3. Lumo Sum -Should only be used when the scope of work is clearly practices of reimbursing mutual aid defined and the areas of work can be precisely identified Lump costs if a written agreement was signed sum contracts establish one price for all work included in the contract. prior to the disaster occumng. The price is fixed unless the scope of work changes. This type of / Communities cannot guarantee a contract is easy to monitor when the scope iswell-defined. minimum number of hours for a time and materials contract. A pre-awarded contract for emergency services may be used if the contract / For reimbursement, Applicants must be was competitively hid and prices are comparable with established rates in able to provide FEMA with the region. The contract issuer may be a jurisdiction or a regional documentation of competitive bidding, operational authority. "Piggybacking" by using an existing contract bid tabulation, contract monitoring established by another jurisdiction is not recognized by FEMA as an including field monitoring of debris acceptable form of contracting. operations, quantity of debris handled, Cost plus a percentage, contingency contracts, and contracts awarded to payment, and force account costs (if debarred contractors are not allowed. applicable). Contract Monitoring/Debris Monitoring Contracting/Monitoring References As a condition of the FEMA grant funding program, the Applicant is FEMA 321, Policy Digest responsible for ensuring that the contract is properly monitored so that FEMA 322, Public Assistance Guide quantities and expenses are documented to substantiate FEMA funding. FEMA 325, Debris Management Guide / Monitors should verify that debris picked up is eligible; measure truck FEMA 329, Debris Management Brochure load capacities; verify volumes or weights of debris in trucks; inspect FEMA 9580.1, Debris Operations Job Aid pick-up areas, haul routes, temporary storage sites, and disposal sites; FEMA 9580.4, Fact Sheet: Debris verify the contractor is working in assigned areas; and ensure other Operations contract requirements are met. / The Applicant should train and deploy debris monitors to watch and document contractor activities. Debris monitors may come from the Questions? Call the FEMA Debris Applicant's full-time work force, temporary hires, or contracted Hotline, Orlando, FL at 107-858-4951 services. The Applicant may also request FEMA/State assistance with debris monitoring. The costs of overtime, temporary hires, and contractors performing disaster-related debris removal work are eligible for reimbursement. / For unit price contracts, the Applicant should use load tickets to document weights and volumes of contractor vehicles and loads. / For time and materials contracts, the Applicant should document the times that Contractor manpower and equipment are actively used (limited to 70 hours). / The Applicant can request debris monitor training from the State and FEMA. Attachment "G" Contractor's Risk Assessment and Quality Control Plan Zo C7 ;r ~~i ,ISIC ASSF~ ~~ru~~r,,T ~~_,=r~ Major Risk Items There are many risks which we have not addressed within this section. We have not addressed all potential risks because we believe the risks to be largely mitigated by the quality of the services that we provide. Most ofthe risks that we identify below are mostly mitigated by our approach; however, many of the contributing factors are beyond our control, and may result in delays or increased costs. ~~. ~ ~ ~ . . Impact: Cost ($) Health care costs and legal Schedule (Days): liabilities of injuries to public or employees, difficult to quantify potentially $100,000 per incident. Solution: OSHA Trained Project Management Team, training on safe work practices and tail- gate talks with monitors on safety-related topics, provision of personal protective equipment, enforced commitment to safe work practices, active monitoring and intentional awareness. Impact: (Cost) Potentially hundreds of I Schedule (Days): 1-2 days per incident to thousands of dollars retool project operations Solution: We have federal representation which keeps us posted on disaster specific guidance and the appropriate response to protect these interests. Our organizational structure allows us to retool and quickly respond to changing guidance. Impact: Cost ($) Schedule (Days): Outset of Project delay of 3- 14 days Solution: We have a mobilization plan which enables us to be up and running quickly. We have hurricane kits already in inventory, which are assembled by function with manuals/guides to support each function. In addition, we have training materials which enable a consistent operation. Our bar coded employee tracking system keeps our operation hopping by screening potential employees and digitally-recording their daily work efforts. Impact: Cost ($) 35% temporary increase in I Schedule (Days): Outset of Project delay of 3 fuel-related expenses to 14 days Solution: Fuel cells and/or fuel tankers mobilized to your area; generators used to power meeting areas for monitoring. RISK SSE ~Sf,RE~JT r~ ;;r,j Vendors should identify any value added options or differentials that they are proposing, and include a short description of how it adds value to the project. Identify if the items will increase or decrease project schedule, cost or expectation. Cost Schedule Solution: We offer pre- and post event planning and recovery services as well as reconciliation, preparation of FEMA Project Worksheets and audit defense. We have demonstrated experience in all types of hurricane disaster recovery efforts from beach replenishment and waterway clearing to vegetative and C&D removal. We have experience across the entire Southeast, which enables our broad understanding of issues. Our understanding of the planning, doing and defending of this work uniQUely qualifies us. Solution: Ex-Senior Level FEMA Staff in Washington D.C., which represent our concerns and provide expertise on reimbursement issues. The benefit to Miami Springs is immediate action and accurate information re~ardinQ reimbursement issues. ,e~t~;; The schedule is completely dependent on the type of storm, the prevailing needs of surrounding communities and previous seasonal activities that may significantly impact the availability of debris hauling resources. Suffice it to say that we will perform the required work in a timely, efficient and effective manner. We will work as an extension of City staffto restore the affected areas as soon as possible. ~~lue kdded Options or Differentials Attachment "H" Form 1273 2i ~~ REQUIRED CONTRACT PROVISIONS FEbERAL-AlD CONSTRUCTION CONTRACTS Page I General .................................... . 1 II. Nondiscrimination ............................ . 1 III. Nonsegregated Facilities ....................... . 3 {V. Payment of Predetermined Minimum Wage ........ . 3 V. Statements and Payrolls ................. ..... . 5 j VI. Rerord of Materials, Supplies, and Labor , ......... . 5 VII. Subletting or Assigning the Conlracl .............. . 5 Vlll. Sately: Accident Prevention .... ........... . 6 IX. False Statements Concerning Highway Projects ..... . 6 X. Implementation of Clean Air Act and Federal Water Pollution Control Act ...... ...... . ....... . 6 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion .. .. ...... . 6 XII. Certification Regarding Use of Conlracl Funds for Lobbying ................................... . B ATTACHMENTS I A. Employment Preference (or Appalachian Contracts i (included in Appalachian contracts only) I. GENERAL S 1. These contract provisions shall apply to all work performed on ~ the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superinten- ~ Bence and io all work performed on the contract by piecework, station work, or by subcontract. I' 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract ail of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Conlracl Provisions shall be sufficient grounds for termination of the contract. 4. A breach o[ .the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Shelton IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisionso(Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.5. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (oranyof its subcontracfors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of lfiis contract, the contractor shall oat: a. discrirninaleagainsHaborfromanyolherStale,possession, or territory of the United Stales (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor pedormod by convicts who are an parole, supervised release, or probation. (Applicable to all Federal-aid construction conUacts and to all related subcontracts of $10,000 or more.) action In assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant io 23 U.S.C. 140 shall constitute the EEO end specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportu- nity Construction Contract Specifications set forth under 41 CFR 60- 4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 e1 seg.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this specific requirement activities of EEO: a. The contractor will work with the Slate highway agency (SHA} and ttre Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "tt is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, preapprenticeship, and/or on-the-job training.' 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibililyforand mustbe capable of effeclivelyadministeringand promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff wtw are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and vrill implement, the contractor's EEO policy and contractual responsibili- ties to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic, meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation wiH be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel nice employees will be given a thorough indoctrination by the EEU Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting far duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's L"EO policy and the procedures to imple- ment such policy will be brought to the attention of employees by means of meetings, employee handbooks, or orrer appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all adverlisemen-s for employees the notation: "An Equal Opportunity Employer." Alf such adveiiisomenls will be placed Form FHWA-1273 (Rev. 3 94} Pale ~ in publica(ioris having a large circulation among minority groups in the area from. which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining aareernenl, conduct systematic and direct recruitment through public and private employee referral sources likely io yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants maybe referred to the contractor for employment consider- ation. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is experled to observe the provisions of thalagreernent to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such irnplementalion violates Executive Order 11246, as amended.) c. Thecontractorwillencouragehispresentemployeestorefer minority group applicants for employment. Information and proce- dures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages,workingconditions,andernployee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following Procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure Ihat working conditions and employee tacifities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discrimi- natory wage practices. c, The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimina- tion. Where evidence is found, the contractor will promptly take corrective action. I(the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d The contractor will promptly investigate atI complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such corn- plainls, and will lake appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investlgation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's workforce requirements and as permissible under Federal and Slate regulations, the contractor shall make lull use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision far training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promrn lion. 7. Unions: I(Ihe contractor relies in whole or in part upon unions as a source of employees, the conlraotor will use hislher best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor eitherdirectly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best etforts to develop, in coopera- tion with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may quality for higher paying employment. b. The conlraotor will use best efforts to incorporate an EEO clause into earh union agreement to the end Thal such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age ordisabilily. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession o(the labor union and such labor union refuses to famish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what etforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flnwoFminorilyand women referrals within the time limit set torch in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies witltoui regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obtigalions pursuant fo Executive Order 11246, as amended, and these special provisions, such contractor shall imrnedialely notify the SHA. 6. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contraclorshall not discrirninale on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, mcludmg procure- ment of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of hisJher EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcortlracls which the contractor enters into pursuant io this contract. The contractor wilt use his best efforts to solicit bids from and to utilize DDE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his bell eftons to ensure subcontrac- tor compliance with their FEO obligations. 9. Records and Repvris: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non-minority group members and women employed in each work classification on the project; {2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment oppodunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and {4) The progress and efforts being made in securing the services vi DBE sutx;untractors or subcontractors with meaningful minority and female representation among Iheir employees. b. The contractors will submit an annual report to the SHA rage z f=orm FHWA-1273 (Rev. 3-94) i I each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the conlracl work. phis information is to be reported on Form FHWA-1391. If on-the I job training is berry required by special provision, the contractor wit! ~ be required to collect and report training data. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,D00 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid conslruc- lion contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities al anyof its esfablishments,ond that the firm does not perrnil its employees to perform their services I he firm agrees that a breach of this certification rs a the EEO provisions of this contract. The firm further on the basis of sex or h. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided (or employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, focal custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. 'the contractor agrees that it has obtained or will obtain identical cerliTication from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,060 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located an roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All rrrechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without suhsequenl deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the which may be alleged to exist between the coniraclor yr its subcon- tractorsand such laborers and mechanics. The wage determination j (including any addiilional classifications and wage rates conformed under paregraph Z of this Section IV and the DOL poster (WH-1321) or Farm FHWA-1495) shall be posted al all limes by the contractor and its subcontractors al the site of the work in a prominent and i accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Acl (40 U.S.C. 276x) on behalf of laborers ar mechanics are considered wages paid to such laborers or mechanics, subject lu the prvvisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quaderly) w classification of work actually performed, without regard to except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated al the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in oach classification rn which work is performed. c. All rulings and inlerpretaiions of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require That any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the waye determination. b. The contracting officer shall approve an additional classifica lion, wage rate and cringe benefits only when the following criteria have been met: {1) the work to be performed by the additional classifica- tion requested is not pedormed by a classifica(ion in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontracto laborers and mechanics (if known) to be em classification nr their representatives, and agree on the classification and wage rate designated for fringe benefits where appro action taken shall be sent by the contract Admrmstralor, or an au[honzeo represenrau or disapprove every additional classification ing officer within the 30-day period that additional time is necessary d. In the event the contractor or subcontractors, as appropri- ate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefls, where appropriate), the contracting officer shall refer the questions, including the views of al{ interested parties and the recommendation of the contracting officer, to the Waoe and Hour Administrator for determination. Said lion within 30 days of receipt and so advise the contracuny orrcer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first dayon which work is performed in the classification. 3. Payment of Fringe Benefits a. Whenevertheminimumwagerateprescribedintheconlracl fora class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as staled in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the coniraclor or subcontractor, as appropriate, does not make payments to a trustee or other third person, helshe may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona aide fringe benefits under a plan or program, provided, Ihat the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the coniraclor to set aside in a separate account assets for the meeting cf obligations under the plan ar proyram. Farm FHWA-1273 (Rev. 3-94) P9go3 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted io work al less than the predetermined rate for fife work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the OOL, [mployrnenl and Training Administration, Bureau of Apprenticeship and Training, or with a Slate apprenticeship agenry recognized by the Bureau, or if a agency (whore appropriate) to meni as an apprentice. (2) The allowable ratio of apprentices tojourneyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work farce under the registered program. Any employee listed on a payroll al an apprenlire wage rate, who is not registered or otherwise employed as staled above, shall be paid not less than the applicable wage rate listed in the wage delerminalion fur the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination far the work actually performed. Where a conlracior or subcontractor is oerinrmina construction on a oroiect in (3) Every apprentice roust be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different prartire prevails for the applicable apprentice class~calion, fringes shall be paid in accordance with that delerminalion. (4) In the eventthe Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, with- draws approval of an apprenticeship program, the contractor or subconlraclor will no longerbe permitted to u!ilize apprentices at less than the applicable predetermined rate for the comparable work pedormed by regular employees until an acceptable program is approved. b. Trainees: (1) Exceol as provided in 29 C1-R 5.16, trainees will not be permitted to work al less than the predetermined tale for the work per{onned unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Ad min islrat ion. (2) The ratio of trainees tojourneyman-level employees on the job site shall not be greater than perniilled under [he plan approved by the Employment and Training Administration. Any employee listed on the payroll al a trainee tale wtro is not registered and participating in a training plan apprcved by the Employment and Training Administration shall be paid not less Ihan the applicablc wage rate on the wage delerminalion for the classification ei work actually performed. In addition, any trainee performing work on the job s'de in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage delerminalion for the werk actually pedormed. (3) Fvery trainee must be paid al not less Ihan the tale spocified in the approved program for hislher level of progress, expressed as a percentage of the joumeyrnan-level hourly rate specified in the applicable wage ~determinalion. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If (he trainee program does not mention trinc~e benefits, Irainees shall be paid the full amount of cringe benefits Irsted on the wage determination unless the Adminislralor of the Wago and Hour Division de?ermines that there is an apprenticeship program associ- ated with lhecorrespondingjourneyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. {4) In the event the Ernploymenl and Training Adminislra- lion withdraws approval of a training program: the contractor or subconlraclor will no longer be permitted to ulilrze trainees at less Than the applicable predetermined rate for the work performed until an acceptable program is approved. c, lielpers Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker fisted nn a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less Than the applicable wage rate on the wage determina- tionfor the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection wish Federal-aid highway construction proorams are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates forapprenlicesand trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permtted by the terms of the particular prograrn. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract ar any other Federal contract with the same prime contractor, nr any other f=ederally-assisted contract subject to Davis-Bacon prevailing wage requirements whirh is held by the same prime wnlractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subconirac- torthe full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic. including any apprentice, trainee, or helper, employed or working on the Bile of the work, all or part of the wages required by the contract, the SHA contracting officer may, otter written notice to the contractor, lake such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation of a rate nut less than one-and-one-half limes hisllrer basic tale of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the conlracior and any subconlraclor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subconlraclor shall be liable to the United States (in the case of work done under rontrarl for the District of Columbia or a territory, to such ^islricl or to such lerrilory) for liyuidaled damages. Such liquidated damages shalt be computed with respect to each individual laboror, mechanic, watchman, or guard employyed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permit- ted to work in excess of the standard work week of 40 hours wrthoul payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and t_iquidated Damages: r,gra Form FIiWA-1273 (Rev.3-94) The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the conlraclor or subconlraclor under any such conlracl or any other Federal contract with the same prime conlraclor, or any other Federally-assisted conlracl subject to the conlracl Work Hours and Safety Standards Acl, which is held by the same prime conlraclor, such sums as may be determined to be necessary to satisfy any fiabililies of such contractor or subcontractor for unpaid wages and liquidatefl damages as provided in the clause set Torth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.} 1. Compliance with Copeland Regulations (29 CFR 3): The conlraclor shall comply with the Copeland Regulations of the Secretary of Lahar which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. h. The payroll records shall contain the name, sorial security number, and address of each such employee; leis or her correct th e costs reasonably anlicipaled in providing benefits under a .plan or program described in Section 1{b)(2){B) of the Davis Bacon Act, the contractor and each subconlraclor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, Thal the plan or program has been communicated in wrihng to the laborers or mechanics affected, and show the cost anlicipaled or the actual cost incurred in provitling benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidenre of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subconlraclor shall furnish, each week in which any conlracl work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- ' graphs 4 and 5, and watchmen and guards engagod on work during ! the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under parayraptr 'Lb of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased trorn the Superin- lendenl of Documenls~Federal stock number 029-005-0014-1), U.S. Government Printing (lice, Washington, D.C. 20402. The prune conlraclor is responsible for the submission of copies of payrolls by all subcontractors. i d. Each payroll submitted shall be accompanied by a "State- , merit of Compliance," signod by the contractor or subconlraclor or his/her agent who pays or supervises the payment of the persons employed under the conlracl and shall ceriily the following: (1) Ihal the payroll for the payroll period contains the inforrnalion required Io be maintained under paragraph 2b of 117is Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the conlracl during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanir, has been paid not less that the applicable wage rate and fringe benefits or cash eyuivalenf for the classification of worked performed, as specified in the applicable wage determination incorporated into the contrac.. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form Wfi-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certiticaiions may subject the contractor to civil or criminal prosecution under 1 B U.S.C. 1001 and 31 U.S.C. 231. g. The conlraclor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subconlraclor fails to submit the required records or to make them available, the SHA, the F}-IWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of hinds. Furthermore, failure to submit the required records upon request or to make such records available maybe grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the insta{lation of protective devices at railroad grade crossings, those which are constructed on a forceaccouniordirectlebor basis, highwaybeaulificalion contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. FSecome familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by conlraclor of Highway Conslrudion Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specifc materials and supplies listed on Form FHWA-47. and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together vdth the data required in paragraph 1b relative to materials and supplies, a final labor summary of all conlracl work indicaliny Lhe total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all conlracl work or separate reports for the conlraclor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its awn organization contract work amounting to not less than 30 percent fur a greater percentage if specified elsewhere in the conlracQ of the total original conlracl price, excluding any specialty items designated by the State. Specialty items maybe performed by subcontract and the amount of any such specially items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not inrlurle employees or equipment of Form FHWA-1273 (Rev. 3-94) Pages a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work Thal requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bld on the contract as a whole and in general are to be limited to minor components of the overall contract. 7.. The contract amount upon which the reyuiremenls set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract require- ments, and is in charge of all conslruclion operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the perforrnanre of the r:ontract. 4. No portion o1 the contract shat) be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured Ihal each subcontract is evidenced in writing and that it contains ail pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of Ibis contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safely devices and protective equipmen± and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safely of the public and to protect property in connection with the pedormance of the work covered bythe contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surround- ings or under conditions which are unsanitary, hazardous or danger- ous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safely Standards Act (40 U.S.C. 333). 3. Pursuant to 7.9 CFR 1926.3, it is a rnndilion of this conlrarl that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of conhacl performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safely Standards Acl (40 U.S.C. 333}. IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS r to assure high quality and durable construction in confor- approved plans and specifications and a high degree of on statements and represenlalions made by enyureers, as acts, the following notice shall be posted on each Federal-ard highway project (23 CFR fi35) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as lollows: "Whoever, being an officer, agent, or employee a7 the United Slates, o~ of any Stale or Terrrlory, or whoever, whethor a person, association; hrm, or r,orpora(ion, kirowirrgty makes any lalse stato- mont, false representation, orlalse report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or qualityo(the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of constnaainn on any highway or related project submitted for approval to the Sercretary of Transportation; or Whoever knowingly makes any false statement, false representa- tion, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, cr materials furnished or to be lumished, in connectron with the construction of any highway or related project approved by the Secretary of Transportation; or Whoaverknowingl ymakes any Ia1se statement orfalse representa- tion as to malaria! (act in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Acf approved July 1, 1916, (39 Stal. 355J, as amanded and supple- mented; Shag be fined not more tha1.8 f D,000 or imprisoned not more than 5 years or bulb." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subconhacls of $100,D00 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid conslruclion contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 ei seq. as amended by Pub.L. 97-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C.1251etse ., as amended byPub.L.92.500),ExecutiveOrder 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the dale of contract award, on the U.S. Environmental Protection Agency (EPA} L.iSt of Violating Facilities pursuant l0 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section t 14 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. Thal the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating That a facility that is or will be, utilized far the contract is under consideration to he listed on the EPA List of Violating Facilities. 4. Thal the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, andturtheragroes to take such action asthe government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification -Primary Covered Transac- lions: (Applicable to all Federal-aid contracts - 49 GFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the cenification set out below. b. The inability of a person io provide the certification set out below will not necessarily result in denial of parlicipalion in This covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out Uelow. The cerliQcalion or explanation will be considered in connection with the department or agency's determination whether to enter into this Iransaclion. hlowever, torture of lire prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in Ihis transaction. c. The certiiiralion in this clauso is a material representation of tact upon which reliance was placod whop Uio department or agency determined to enter into this transaction. if it is later deler- minedthat the prospective primaryparticipant knowmglyrendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this nape r Form FI-IWA-1273 (Rev. 3-94} transaction for cause of default. d. The prospective primary parliripant shall provide immediate written notice to the department ur agency to whom this proposal is submitted it any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered Transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," person," "primary covered transaction," "principal; "'proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Uefinitions and Coverage sections of rules implementing ~xeculive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations, f. The prospective primary participant agrees by submilling this proposal that, should the proposed covered transaction be entered Into, it shall not knowingly enter into any lower tier covered transac- tion with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered lransaciion, unless authorized by the department or agency entering into this transaction. g, The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "certifica- tion Regarding Debarment, Suspension, tneligihility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the depadmenl or agency enleriny into ibis covered lransaciion, wilhoul modification, in all lower tier covered transactions and in all solicita- tions for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows Thal the cedification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required lo, check the nonprocuremenl portion of the "Lists of Parties Excluded From Federal Procurement or Nonprpcurentent Programs" (Nonprocurement Lisl) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. Tha knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except far transactions authorized under paragraph 1 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person. who is suspended, debarred, ineligible, or voluntarily excluded from participation in this trpnsaction, in addition to otherremediesavailable to the Federal Government, the department eragency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection wish obtain- ing, attempting 10 obtain, or performing a public (Federal, Slate or locf-rl) transaction or conhaut under a publ!c transaction; violation of Federal or Stale antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsiticalion or destruction of records, making false stalemenls, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with comm!ssion of any of the offonses enumerated in paragraph 1b of this certiticaiion; and d. Have not within a 3-year period preceding this applica- tionlproposal had one or more public transactions (Federal, Stale or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the stalemenls rn this certiticat!on, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tler Covered Transac- . lions: (Applicable 1o all subcorttracis, purchase orders and other lower tier transactions of $25,CD0 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of tact upon which reliance was placed when this Transaction was entered into. It it is later determined that the prospective lower tier participant knowingly rendered an erroneous cedi6cation, in addition to other remedies available to the Federal Government, the depart- ment, or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. c, The prospective lower tier participant shall provide immedi- ale written notice to the person to which this proposal is submitted i( at any lime the prospective lower tier participant learns that its certiticaiion was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred; "'suspended," "ineligible," "primary covered lransaciion," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, f~ave the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulairons. e. The prospective lower tier padicipant agrees by submitting this proposal that, should the proposed covered transaction he entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in Ibis covered transaction, unless authorized by the depadrnenl or agency with which this lransactivn originated. f. The prospective lower tier participant further agrees by submilling this proposal that it will include this clause titled "Certifica- tion Regarding Debarment, Suspension, lneligibilily and Voluntary Exclusion-Lower Tier Covered T ransaction," wilhoul rnorlirication, m all lower tier covered transactions and in all solicitations for lower tier covered Iransaclions. g. A participant in a rovererl transaction may rely upon •r certification of a prospective participant in a lower tier covered transaction that is nut debarred, suspended, ineligible, or voluntarily excluded born the covered transaction, unless it knows that the cerlilicalion is erroneous. A participant may decide the method and Form FHWA-1273 (Rev. 3-94) r°f° ~ frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocuremenl List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. ~ i. Except for transactions authorized under paragraph a of i ~ These instructions, it a participant in a rovered transaction knowingly enters into a lower tier covered iransaclion with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this Transaction, in addition tooiherremediesavailable to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or volun- tarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYVNG (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by nr an behalf of the undersigned, lu any person (or influencing or attempiiny Io influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering mlo of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have keen paid or will be paid to any persdn for influencing or attempting to influence an oilicer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee cf a Member of Congress in connection with this Federal contract, grant, Joan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Farm io Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penally of not less than 510,000 and not more than 5100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal Thal he or she shall require that the language of this certification be included in all tower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. r,ge a Form FFIWA-1273 (Rev. 3-94) ATTACHMENT A- EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance of this contract, the contractor under- taking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the lahor area as designated by the DOL wherein the contract work is sihraled, nr the subregion, ar the Appalachian counties of the State wherein the contract work is situated, exrepl: a. To the exlenf that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the coniraci work. c. For the obligation of the conlraclor to otter employment to present or torrner employees as the result of a lawful collective bargaining contract, provided that the numberof nonresident persons employed under this subparagraph 1c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State Employ- ment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the dale on which he estimates such employees will be required, and {d) any other periinenl information required by the Stafe Employ- ment Service to complete the job order form. The job order may be placed with the Stale Employment Service in writing or by telephone. if during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The conlraclor shall give full consideration to all qualified job applicants referred to I7im by the Stale Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. I(, within 1 weak following the placing of a job order by the ntractorwith the Slate Employment Service, the State Employment :rvice is unable to refer any qualified job applicants to the conlrac- ~, or less than the number requested, the State Employment rrvice will forward a certificate to the contractor indicating the iavailability of applicants. Such certificate shall be made a part of s coniraclor's permanent project records. Upon receipt of this rtiticate, the contractor may employ persons who do not normally side in the labor area to till posrbons covered by the certificate, dwithslanding the provisions of subparagraph 1c above. 5. The conlraclor shall include the provisions of Sections 1 through 4 of this Attachment A in every subconiracl for work which is, or reasonably may 6e, done as on-srie work. Form FHWA-1273 (Rev. 3-94) noes ~v US.Department of Transportation Federal Highway Administration September 12, 200( Mr. Denver J. Stotler, Jr., P.E. Secretary of Transportation Florida Department of Transportation Tallahassee, Florida Dear Mr. Stotler: Attention: Mr. Anand~ Prasad Subject: emergency Relief (ER} Program Requirements 545 John Knox Road, Suite 200 Tallahassee, Florida 32303 (850) 942-9650 In ~Zcply Kcl'cr'Io: HPO-FL The purpose of this letter is to clarify the FHWA's requirements for emergency and permanent EK projects, and the documentation required for a detailed damage inspection reports (DDIR's}. As requested by the FDOT Federal-aid Office we tyre providing this guidance to expand and clarify the email guidance issued by District 6 on July 11, 2006. We agree there is a statewide need to clarify the application of the ER criteria to emergency repair contracts, permanent restoration projects, and work performed by state or local forces. During 2004 and 2005 Florida was impacted by 8 hurricanes resulting in substantial 1'CII11brlrSemCnt fl'Om 1"HWA'S emergency relief program, for both emergency and permanent repairs totaling over $l.5 billion. Due to the unprecedented impact of these storms on the F1-1WA, the FDOT and local agencies, we we--e very lenient concerning contracting requirements and the documentation for emergency repairs for these events. As a result of this experience, there is a need to improve both the damage documentation and compliance with basic federal-aid contract requirements. of particular importance is the need for Local Agencies to better understand our requirements. Lrner;~cuc~Rehairs Emergency repairs are those repairs during (meaning after landfall) and immediately following a disaster, which can begin immediately without FHWA's iJl'lOl'tlpl)1'OVaI. Pe1-manent I'epalrS require I~F(WA review and approval prior to contract advertisement. "I'o be eligible for emergency repair the work performed must always meet one of the following three conditions: l . "I'o restore essential traiTic 2. To minimize the extent ol'the damage 3. To protect the remaining t~tcility :..~ ~. >. 4 %3<,~l`1 ,'1' f~ / \ 1llf I4~, ~- 1 "Il(I(i ij~;, 1. ~~~"k~~, ~I r~ti•i. ,~.~~~.ti ~u~c~ uP !~ 1111; ~'7~ Mr. Denver J. Stotler, Jr., P.E September 12, 2000 Please note that based on current ER guidance, safety is not a consideration to justify emergency repair work. DDLR Documentation: For firture eligible ER events, if the performance of the emergency repair work has started, FI=1WA will require a copy of the contract and prices at the time a DD1R is written. The contract and other back up material should be made available to our Transportation Engineer, and will be attached to the DDIR at that time. Our expectation is that there should not be a request to write a DDiR for ongoing work, witlioot having the contract documents available to FHWA staff. For pcrmanent work the DDIR will be written without this documentation, because the work will not be underway and will be performed following nornal procedures. Contract Reduirements: Listed below are the basic federal-aid requirements that must be followed for emergency repair projects and permanent restoration projects. These requirements apply to all State and Local Agency contracts for both emergency and permanent restoration types of projects. These requirements catulot be waived just because there is a State or FEMA emergency declaration. 1. FHVI~A Form 1273, titled Standard Federal-aid Provisions, nnist be physically incorporated (not referenced) into all prime and subcontractor contracts. 2. Davis-Bacon Wages Act; refer to http://www.fltwa.dotrov/constriction/c it~dbacon.htm 3. Buy America 4. Disadvantaged Business Enterprises (D13L) 5. Americans with Disability Act (ADA) 6. Convict Labor Prohibition Additionally, for emergency work it is important to remember to take the following into account: I . eemergency repair projects under the >/R Program must comply with the requirements of the National Environmental Policy Act (N EPA). 2. Negotiated or solicited conh•acts ~u•e allowed for ctnergency work, but their use should be n~inin~ized. Some type oI'eompetitive bids are Clte preferred method. 3. Regardless of the contract method, there should be. documentation on how contracts are negotiated, solicited, or openly bid. Mr. Denver ,1. Stotler, .Ir., I'.h September 12, 2006 Permanent work is handiedjusl like a normal federal-aid project, but can be expedited so long as the requirements are met. Permanent repairs require hFIWA review and approval in advance of contract advertisement. A detailed engineer's estimate and competitive bids are required like on normal federal-aid pro-jects, but the use o!'abbreviated plans, a shortened advertisement period, etc; are appropriate depending on the scope of the work. State and Local Force Account: The FHWA Norm 1273 and Davis Bacon provisions do not apply to state and focal employees performing ER work by force account (actual cost of labor, equipment and materials). A public interest finding is not required for emergency work, but is required if state or local employees perform permanent work. Use of,loint Participation A~recma~ts (,1PA's) or Local As=e, ncy Protfram (LAP) Agreements The FH WA has previously agreed to accept the use of JPA's for the performance of emergency work. Local agencies must be LAP certified to petlonn permanent work. if you have any questions, please contact Mr. Chris Richter at 942-9(50 Sincerely, /s! .I. Clu•is Richter For: David C. Gibbs i Division Administrator Enclosure i j cc: Mr, James .lobe, PDOT (MS-? I ) .)CR:a+va bc: CR, SG, IZG S:TcchSystcros\GR rcgs for contracts ~C [7U(lZ's.doc ('lle: ~!)6 Emergency Response and Recovery Training ` Contract Requirements ^ All FedAid rules apply to contracts (ER 8 PR) Advertisement period ~• FHWA Form 1273 `~~` .standard Federal-aid provisions physir:ally incorporated Into all contracts -not referenced • 1273 not included =work not eligible Innovative Contracting Methods Davis-Bacon Labor Rates C Disadvantaged Business Enterprises (DBE) "Americans with Disabilities (ADA) Acl Buy America (steel) NO convict labor ,~W ^ Design Standards: FDOT Standard Specifications i ^ Enviranmenlal NtPA Issues/Process ""~'" Guidance in September 12, 2DD6 letter to FDOT Contractual Methods Emergency Repairs Competitive bid ., Solicited Contracts ~. Negotiated Contracts Force Account Pre-event contracts (competitively bid -debris only) Joint Participation Agreements Permanent Restorations r: Competitive Bid Contracts -normal F.A. requirements Local Agency Program (LAP) Agreements (Certilicaiion Required) ~ Sur..-.,,,. , .. .. . Davis-Bacon Ac# Davis-Bacon and Related Acts (DBRA) ^ Provisions do not apply to state or local government agency employee in-house 'force amount' work ^ Provisions do not apply where the o~ work in a contract is debris removal ^ Provisions DO apply if debris removal is performed in conjunction with an construction, alteration or repair work YF+']~xU ttqy'~1 ! t , 25 SECKDISAS ACORDrM CERTIFICATE OF LIABILITY INSURANCE DATE{MMIbDiYYW} 914/2008 PRODUCER Commercial Lines ... 206-892-9200 ABD Insurance & Financial Services THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 601 Union Street Seattle, WA 98101 INSURERS AFFORDING COVERAGE NAIC # INSURED Beck Disaster Recovery Inc INSURER A: Traveler's Property & Casualty Company of Ameri 25674 , . INSURER B: 1001 Fourth Avenue, Suite 2500 INSURER C: INSURER D: Seattle WA 98154 INSURER E: COVERAGES 7HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICFt THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER ICY EFFEC 1 DATE MMIDDIYY POLICY PI TK1N DATE MM/DbIYY LIMITS GENERAL LIABILITY P630533D118AT1L08 07/01/2008 07/0112009 EACH OCCURRENCE $ 1.000,000 A x COMMERCIAL tlENERAL LIABILITY pAMMISEES Ea oNTED ~ $ 100.000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5,000 PERSONAL 8 AOV INJURY S 1,000,ODO GENERAL. AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMR APPLIES PER: PRODUCTS ~ COMP/OP AGG $ 2,OOD.000 POLICY PROT LOC A AUT OMOBILE LIABILITY P810533D166AT1L08 7/1/2008 7/1/2009 COMBINED SINGLE LIMIT $ 1'~0'~ X ANY AUTO (Ea aeddent) ALL OWNED AUTOS ~ BODILY INJURY $ SCHEDULED AUTOS (Per person) /~ X HIRED AUTOS /i BODILY INJURY $ X NON-OWNED AUTOS v /] (1 (Per eccldent) ~ Y Da PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESSIUMBRELLA LU161LrfY EACH OCCURRENCE $ OCCUR ~ CLAIMB MADE AGGREGATE $ _ i $ EDUCTIBLE $ D RETENTION $ $ WC STATU- OTH- ATIDN AND C MPEN 2 711/2009 X ~ A WORKERS O S PJUB2813L40A08 711/ 008 0 EMPLOYERS' LIABILITY E.L. EACH ACGIOENT $ 7,000.00 ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 if yes, descr~e under E.L. DISEASE • POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS Delow OTHER DESCRIPTION OF OPERATIONS I LOCA710NS IVEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL pROVtS10NS Re: Emergency Disaster Debris Monitoring Services (BDWOrlando) City of Miami Beach, Florida, Officers, Agents and Employees are included as an Additional Insured as their interest may appear. City of Miami Beach, Florida Attn: Maria Estevez, Procurement Division 1700 Convention Center Drive Miami Beach, FL 33739 12001/081 1 of 9 THE ABOYE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL OF ANY KING UPON THE INSURER, RS AGENTS OR REPRESENTATIVE 198E IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAVED, 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (zo041e8) 2 of Z #S915260/M915043 POLICY NUMBER: P630533D116AFIl.08 COMMERCIAL GENERAL LIABILITY ISSUE DATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Miami Beach, Florida Attn: Maria Estevez, Procurement Division 1706 Convention Center Drive Miami Beach, FL 33139 PROJECTlLOCATION OF COVERED OPERATIONS: 1, WHO IS AN INSURED - (Section II) is amended bj to include the person or organization shown in the Schedule above, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" on or for the project, or at the location, shown in the Schedule. The person or organization does not qualify as an addi- tional insured with respect to the independent acts or omissions of such person or organiza- tion. 2. The insurance provided to the additional insured c) by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by a "written contract requiring insurance" for that additional insured, the insurance provided to the additional insured shall be limited to the limits of liability required by that "written con- tract requiring insurance". This endorsement shall not increase the limits of insurance de- scribed in Section Ill -Limits Of Insurance. The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed ap- eraiions hazard" unless a "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage CG D2 47 OS 05 ®2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABlL1TY or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if a "written contract requiring insurance" for that ad- ditional insured specifically requires that this in- surance apply on a primary basis or a primary and non-contributory basis, this insurance is pri- mary to "other insurance" available to the addi- tional insured which covers that person or organi- zation as a named insured far such Toss, and we will not sfiare with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance", whether pri- mary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional im cured under such "other insurance". 4. Asa condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is txought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the ciaim or defense against the' "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additionai insured by this endorsement is primary io "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. -DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is En effect; and c. Before the end of the policy period. Page 2 of 2 ~ 2005 The St. Paul Travelers Companies, inc. CG d2 47 08 05 TRANSMISSION VERIFICATI~I REPOT TIME 09!04!2008 16:48 NAME ABDI FAX 8 TEL 2068929201 SER. !# BRClG4J720767 DATE, TIME 09!04 16:47 FAX NO.fNAME 817853944002 DURATIQN 00:00:58 PAGES) 05 RESULT ~ MODE STANDARD ECM Telafar Transmission From ~hane~ Crawley A8t7 Insurance and Financial Sentiaes, a Wells Fargo Company Risk Management Project Coordinator 3400 Two Union Square 601 Union Street Seatt~, Vv~ 98101 Ti=l: (2asa a92-9203 FAx~ (zos) 892-9201 EMAIL: shaneer.@abdi,com Date: 9/~/a8 To: Maria Estevez Company: Fax Number; 786-394-4pQ2 Rhone Nurnbe~: RE: Certificate of Insuzance Maria, Per the request of our insured, Beek Disaster Recovery, lnc., please fiind the a#ached cert~cate o€ insurance, in respects to Gity of Miami 8®ach, Florida. Should you have any ques#ions, please do not hesi#ate #o contact me. `hanks, Bhane~ Telefax Transmission From: Shanee Crowley ABD Insurance and Financial Services, a Wells Fargo Company Risk Management Project Coordinator 3400 Two Union Square 601 Union Street Seattle, WA 98101 TEL: (206) 892-9203 FAX: (206) 892-9201 EMAIL: shaneec@abdi.com Date: 9/4/08 To: Maria Estevez Company: Fax Number: 786-394-4002 Phone Number: RE: Certificate of Insurance Maria, , Per the request of our insured, Beck Disaster Recovery, Inc., please find the attached certificate of insurance, in respects to City of Miami,Beach, Florida. Should you have any questions, please do not hesitate to contact me. Thanks, Shane This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is deemed privileged, confsdential and exempt from disclosure under applicable law. )f the reader of this message is not the intended recipient, you are hereby notifsed that any dissemination, distribution or copying of this communication or the information contained herein is strictly prohibited. if you have received this cammunication in error, please notify us immediately by telephone and return the original message to us at the above address via the t1.S. Pastal Service. 'thank you.