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CRB Geological & Enviromental Services, Inc. Agreement
Acs° / cx`1 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CRB GEOLOGICAL & ENVIROMENTAL SERVICES, INC., FOR EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 16-05/06 THIS AGREEMENT made and entered into this �'fi day of 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 CRB GEOLOGICAL & ENVIRONMENTAL SERVICES, INC. a Florida corporation having its principal Florida office at 8744 S.W. 133rd. Street, Miami, Florida 33176 (hereinafter referred to as CONTRACTOR). Agreement: City Field Monitor: City Manager: CONTRACTOR: Fee: Risk Manager: Services: SECTION 1 DEFINITIONS This Agreement between the City and CONTRACTOR. Individual employed by the City whose sole responsibility will be to monitor and provide contract administration for this Agreement. This Agreement will be monitored and managed by the City's Public Works Department. The Chief Administrative Officer of the City. For the purposes of this Agreement, CONTRACTOR shall be deemed to be an independent CONTRACTOR, and not an agent or employee of the City. Amount paid to the CONTRACTOR to cover the costs of the Services. 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. 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. 1 ►$I 'i Lz irr SECTION 2 SCOPE OF SERVICES (SERVICES) 2.1 GENERAL The City is entering into this Agreement pursuant to City Request for Proposals No. 16-05/06 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 specifically set forth in 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 form as the sample attached as Attachment "A" hereto. 2 SECTION 3 COMPENSATION 3.1 AUTHORIZATION FOR SERVICES, Authorization for performance of Services by the CONTRACTOR under this Agreement shall be in the form of a written Work Order(s) 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 COMPENSATION 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 -Exceed" 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. 3 b. If the Services required to be performed are not such that they cannot be specifically set forth and defined by the City, then the Work Order may be issued on a "Time Basis Method", and contain a "Not -to -Exceed" amount. If a "Not -to -Exceed" amount is provided, the CONTRACTOR shall perform all Services required by the Work Orders but, in no event, shall the CONTRACTOR be paid more than the "Not -to Exceed" amount specified in the applicable Work Order. c. If the Services are such that they cannot be specifically set forth and defined by the City, then the Work Order may also be issued on a "Time Basis Method", and contain a Limitation of Funds amount. The CONTRACTOR shall not be authorized to exceed the amount without the prior written approval of the City. Said approval, if given at all, shall indicate a new Limitation of Funds amount. d. The CONTRACTOR shall advise the City whenever the CONTRACTOR has incurred expenses on any Work Order that equals or exceeds eighty percent (80%) of the Limitation of Funds amount. e. For Work orders issued on a "Fixed Fee Basis," the CONTRACTOR may invoice the amount due based on the percentage of total (Work Order) Services actually performed and completed, but, in no event, shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total Services actually completed. f. For Work Orders issued on a "Time Basis Method" with a "Not -to -Exceed" amount, the CONTRACTOR may invoice the amount due for actual hours performed, but in no event shall the invoice amount exceed a percentage of the "Not -to -Exceed" amount equal to a percentage of the total Services actually completed. g. Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a "Not - to -Exceed" amount shall be treated separately for retainage purposes. h. For Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount, the CONTRACTOR may invoice the amount due for Services actually performed and completed. i. Payments shall be made by the 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, 4rd Floor Miami Beach, Florida 33139 4 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, 3rd 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. 5 4.2 PUBLIC ENTITY CRIMES A State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Division, prior to commencement of the Services herein. 4.3 DURATION AND EXTENT OF AGREEMENT (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 6 CONTRACTOR for performance of the Services under this Agreement is the specific consideration from the City to the CONTRACTOR for the CONTRACTOR's Indemnity Agreement. This indemnity shall survive termination of this Agreement. The CONTRACTOR's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.6 TERMINATION, SUSPENSION AND SANCTIONS 4.6.1 Termination for Cause If the CONTRACTOR shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the CONTRACTOR of its violation of the particular terms of this Agreement and shall grant CONTRACTOR ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City, upon three (3) days' notice to CONTRACTOR, may terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the CONTRACTOR. The City, at its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive counter claims against the City in any such action. 4.6.2 Termination for Convenience of City NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS 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 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, 7 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. The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall knowingly are 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: TO CITY: CRB Geological and Environmental Services, Inc. Attn: Frederick R. Baddour 8744 S.W. 133`d. Street Miami, Florida 33176 (305) 447-9777 Fernando Vazquez, PE, City Engineer City of Miami Beach City Hall 1700 Convention Center Drive, 4rd 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. 16-05/06, 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 superceded 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. 4.18 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $1,000. CONTRACTOR hereby expresses its willingness to enter into this Agreement with CONTRACTOR recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $1,000. Accordingly, and notwithstanding any other term or condition of this Agreement, CONTRACTOR hereby agrees that the City shall not be liable to the CONTRACTOR for damages in an amount in excess of $1,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. 4.19 COMPLIANCE WITH APPLICABLE LAWS The CONTRACTOR, its sub -contractors, agents and employees, including with out limitation, any and all temporary personnel assigned to the City pursuant to this Agreement, shall comply with all applicable Federal, State, Miami -Dade County and City Laws, and with all applicable rules and regulations promulgated by local, state and national boards, bureau and agencies as they relate to the Agreement and /or the provision of services hereto. 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: City Clerk Robert percher t)d g Date FOR CONTRACTOR: ATTEST: By: Secretary sga ri]a rcL Print Name 817 /i) c D ate Matti Herrera Bower Mayor Ae/240 Date CRB GEOLOGICAL & ENVIRONME AL SERVICES I lesident •re P! ; G k Xada/0 ,-- Print Name C. Date Exhibits: Exhibits: Attachment "A" — Work Order Attachment "B" — Price Proposal Attachment "C" — Insurance Checklist Attachment "D" — The Living Wage Ordinance Attachment "E" — Commission Agenda, Addendum No. 1 thru 10 thereto Request for Proposals No. 16-05/06, and Contractor's response to the RFP. Attachment "F" — FEMA Guidelines Attachment "G"— Contractor's Risk Assessment and Quality Control Plan Attachment "H" — Form 1273 F:1PU RC1$ALL\Roman\RFP\RFP16-05-061Contract\CRB.doc 13 APPROVED AS TO FORM & LANGUAGE — & OR EXECUTION 7��Q ity orneyc\ it 1 ate MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 Date: Work Order Number: TO: CRB Geological and Environmental Services, Inc. Attn: Frederick R. Baddour 8744 S.W. 133rd. Street Miami, Florida 33176 (305) 447-9777 FAX: (305) 567-52853 WORK ORDER "ATTACHMENT A" Pursuant to the Agreement between the City of Miami Beach and the above named firm for EMERGENCY DISASTER DEBRIS MONITORING SERVICES PURSUANT RFP -16-05/06 (the Agreement), you are directed to provide the following: SCOPE OF SERVICES: (Attach additional pages if needed) ATTACHMENTS TO THIS WORK ORDER: [ ] drawings/plans/specifications [ ] scope of services [ ] special conditions METHOD OF COMPENSATION: [ ] fixed fee basis [ ] time basis not -to -exceed [ ] 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 Reimbursable Expense Allowance: (If Applicable) City's Project Coordinator 14 DOLLARS ($ $ Contractor's Representative 1 trA IAMIBEACH 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. Personnel Field Inspectors Project Manager Tower Monitor Data Entry Field Coordinator DROMS Analyst Price Proposal as Submitted to the City via RFP response Number* Days* Hours* Rate 6 120 6969 $45.00 1 120 121 $120.00 1 22 774 $45.00 4 120 1440 $35.00 1 90 324 $85.00 1 40 $120.00 Totals Labor Fee $313,605 $14,520 $34,830 $50,400 $27,540 $4,800 $445,695 Total Labor Fee: Total Expense Fee: Grand Total: (* Please note that these amounts may vary according to the severity of the disaster.) Expenses $4,200 $4,200 $770 $3,150 $12,320 $445.695 $12.320 $458.015 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 CRB Geological & Environmental, 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 Senior Planner Senior Analyst Engineer Analysts Assistant Engineer Assistant Analyst Analytical Aide Procurement Specialist Other Personnel: 15 Hourly Billing Rate MIAMIBEACH 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 $ . 00 Liquor Liability $ . 00 Fire Legal Liability $ . 00 Protection and Indemnity $ . 00 Employee Dishonesty Bond $ . 00 XXX Professional Liability $1,000,000 .00 XXX 7.Thirty (30) days written cancellation notice required. XXX 8.Best's guide rating B+: VI or better, latest edition. XXX 9.The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. Contractor's Name Signature of Contractor's Representative (Please attach a copy of the insurance certificate) 16 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 WORK ORDER "ATTACHMENT A" Date: Work Order Number: TO: CRB Geological and Environmental Services, Inc. Attn: Frederick R. Baddour 4573 Ponce de Leon Boulevard Coral Gables, Florida 33146 (305) 447-9777 FAX: (305) 567-52853 Pursuant to the Agreement between the City of Miami Beach and the above named firm for EMERGENCY DISASTER DEBRIS MONITORING SERVICES PURSUANT RFP -16-05/06 (the Agreement), you are directed to provide the following: SCOPE OF SERVICES: (Attach additional pages if needed) ATTACHMENTS TO THIS WORK ORDER: [ ] drawings/plans/specifications [ ] scope of services [ ] special conditions METHOD OF COMPENSATION: [ ] fixed fee basis [ ] time basis not -to -exceed [ ] time basis -limitation of funds TIME FOR COMPLETION: The services to be provided by the CONTRACTOR shall commence upon execution of this Work Order by the parties Effective Date and shall be completed within of the Effective Date. Failure to meet the completion date may be grounds for Termination of the Agreement. Work Order Amount Reimbursable Expense Allowance: (If Applicable) DOLLARS ($ City's Project Coordinator Contractor's Representative 14 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 PRICE PROPOSAL "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* Days* Hours* Rate Labor Fee Expenses Field Inspectors 6 120 6969 $45.00 $313,605 $4,200 Project Manager 1 120 121 $120.00 $14,520 $4,200 Tower Monitor 1 22 Z74 $45.00 $34,830 $770 Data Entry 4 120 1440 $35.00 $50,400 Field Coordinator 1 90 324 $85.00 $27,540 $3,150 DROMS Analyst 1 40 $120.00 $4,800 Totals $445,695 $12,320 Total Labor Fee: $445.695 Total Expense Fee: $12.320 Grand Total: $458,015 (* 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 CRB Geological & Environmental, 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 Billing Rate Senior Planner Senior Analyst Engineer Analysts Assistant Engineer Assistant Analyst Analytical Aide Procurement Specialist Other Personnel: CA MIAMIBEACH 15 Labor Beni Label A. B. C. D. E. F. City of Miami Beach Disaster Debris Monitoring Services Section 1 A Date(s) J Personnel Description Price roposal as Submitted to the City via RFP response DRAMS Analyst Project Manager Field Coordinator Field Inspector Tower Monitor Data Entry Value $ 120.00/hour 120.00 $ I 20.00/hour 120.00 $ 80.00/hour 80.00 $ 45.00/hour 1 45.00 $ 45.00/hour 45.00 $ 35.00/hour 35.00 50.001 so.001 50.001 50.001 50.001 $0.001 Section 1 B Additional Personnel Caleorgies for Emergency Disaster Debri,Monitoring Services, including Pre,Event Planning and other Solid Waste Management Consulting Services. G. H. 1. .1- K. L. M. N. 10. P. Q. 1 R. IS. T. U. 1V. Senior Planner Senior Analyst Engineer Assistant Engineer Assistant Analyst Senior Field Tech. / Roof Technician /Environmental Construction Tech. / Radon Tech Analytical Aide AWS -CA W I Inspector AWS-CWI Inspector Pollutant / General Contractor Licensed Water Well Contractor Environmental Construction Foreman 1 M ileage 1 Mileage 'Mileage;TotaL $ 120.00/hour 120.00 $ 120.00/hour 120.00 $ 120.00/hour 120.00 $ 85.00/hour 85.00 $ 75.00/hour 75.00 $ 75.00/hour 75.00 $ 65.O0hour 65.00 $ 125.00/hour 125.00 $ 125.00/hour 125.00 $ 120.00/hour 120.00 $ 65.00/hour 65.00 $ 65.00/hour 65.00 $ .45/mile $0.45 $ .45/mile $0.45 Hourly rates are from portal to portal front 8:00 a.m. to 5:00 p.m., Monday to Friday. Hourly rates on approval overtime and weekends will be estimated as 1.5 x hourly rate. !f additional testing. consulting, and/or environmental construction are required outside the attached fee schedule, the fee for such rest services will be negotiated. $0.00 $0.00 $0.00 50.001 $0.00 $0.00 50.001 $0.001 $0.001 $0.001 50.001 $0.001 :$0.00J $0.001 $0.001 City or Miami Beach Monitoring Services CRD Geoltnictl & hnviranment l Servims tar (Geotechnical Services Iltem Label Date(s) A. IS. Environmental Drilling 's Item Labe '1 . Date(s) A. B. C. D. E. F. G. H. 1. J. K. L. Personnel City of Miami Beach Disaster Debris Monitoring Services Section 3 Description SOIL TEST BORING (truck -mounted equipment) ll Standard Penetration Test (40 linear foot min.) 2. Auger Boring (50 linear foot min ) Geotechnical Services Total ;Section 4 ".- Personnel1 . .Description 'PVC Monitoring Well Installed 14" PVC Monitoring Well Installed 6" PVC Monitoring Well Installed Temporary well, includes abandonment Geoprobe temporary well includes abandonment Flush Manhole cover installed Locking well cap with lock Drums filled (Excludes profile or disposal) Sampling decon - Equipment 1 Steam cleaner 'High pressure washer Miscellaneous Decontamination Expendables/ Disposables per well EnvironmentalDrilling Totals 1EnvironinentaIE4uipment . hien!"Label Date(s) I . # IA. B. C. D. IE. IF. ersonne flnn,` ''' a fi t Description.,^ Organic Vapor Analyzer (OVA) 'Lead Paint Gun Analyzer RMD (XRF) 'Utility Vehicle (Backhoe (minimum 8 hours) Lowboy / transport Drill Rig Mobilization Environmental"Egtiipment Total , Price Per $ 14.75/foot $ I2.75/foot 1 'Value I Hours Units ; 1 Total Price Per I. ' , Value $ 40.00/foot 40.00 $ 50.00/foot 50.00 $ 73.00/foot 73.00 $ 22.00/foot 22.00 $ 18.00/foot 18.00 $ 60.00/each 60.00 $ I1.50/each 11.50 $ 58.00/each 58.00 $ 16.00/day 16.00 $ 80.00/day 80.00 $ 100.00/day 100.001 $ 12.00/each 12.00 $0.00 $0.001 $0.00 Units .=.:Total . 80.00 50.00 50.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Asbestos ,Testing. J Section ti Item Label' '.,Date(s)1 ,-.!Personnel = 1 •• ?; Description A. B. C. D. E. F. G. $ 75.00/day 1 75.00 $ 250.00/day 1 250.00 $ 55.00/day 1 55.00 $ 85.00/hour 85.00 1 $ 360.00/pull 360.00 $ 250.00/each , 250.00 'PLM (Polarized Light Microscopy) 1 PCM (Phase Contrast Microscopy) TEM (Transmission Electron Microscopy) Air TEM (Transmission Electron Microscopy) Wipes TEM (Transmission Electron Microscopy) Bulk Point Count on PLM Microvac (dust samples) Aabestos.Testing:TotalAMIMit Indoor Air Quality .TestingLab Analysis Fees ... •" ectiion-7 rice Per. Test Int e $ 18.00/test $18.00 $ 12.00/test $12.00 $ I80.00/test $180.00 $ 105.00/test $105.00 $ 90.00/test $90.00 $ 65.00/test $65.00 $ 55.00/test $55.00 Units! $0.001 $0.001 $0.001 $0.001 50.001 $0.001 $0.001 '$0.001 : Item Label Dete(s) 1 ; !:Personnel' 1 , _- Description A. B. C. ID. 1E. IF. G. H. ('ny of Miami Beach hlonaonne Sernce. IBIOAEROSAL: Predominant Organisms Identified Fungi -only single stage 1Bacteria-only single stage IBI)LK / WIPE SAMPLE:5 Predominant Organisms I 'Fungi. Characterization Bacteria. Characterization Both Fungi or Bacteria Both Fungi or Bacteria (Colony Count) CHEMICAL ASSAY: Total Volatile Organic Compound (TVOC) PARTICULATE ANALYSIS Gravametric Analysis RADON TESTING Short term (48-72 /hours radon sampling device) Indoor Air Quality Testing Total • $ 75.00/sample $75.00 $ 75.00/sample $ 85.00/sample $85.00 $ 90.00/sample $90.00 $ 90.00/sample $90.00 $ 90.00/sample $90.00 $ 55.00/sample $55.00 $75.00 $ 30.00/sample 830.00 $ 25.00/each $25.00 :Warp, 50.001 50.00 80.00 50.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.0 ,I fall f;eni,..,,-,I a, Fnv,rnnn ninl SPfVn r. In, Water Lab Analysis Item Label Date(s) 12 3 4 5 6 ri 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 51) 51 52 53 54 55 56 57 58 S9 fig 61 fit 63 !4 Personnel City of Miami Beach Disaster Debris Monitoring Services Section 8 A Description Gasoline and Kerosene Analytical Group Used Oil Analytical Group ITRPHhyFL-PRO EPA Method 601 EPA Method 602 EPA Method 604 TEPA Method 605 EPA Method 606 IEPA Method 607 EPA Method 608 EPA Method 6119 EPA Method 610 EPA Method 611 EPA Method 612 EPA Method 614 EPA Method 624 EPA Method 625 EPA Method 002!!) for 8010 EPA Method 80158 EPA Method 80210 for 8(120 EPA Method 8260 EPA Method 8270 Aluminum Antimony Arsenic Barium Beryllium Boron Cadmium Calcium Chromium Chromium (Hexavalent) Cobalt Copper Iron Lead Magnesium Manganese Mercury Molybdenum Nickel Potassium Selenium Silver Sodium Thallium Tin Vanadium Zinc TCLP Extraction for Metals 8 RCRA Metals TCLP 8 RCRA Metals Oil and Grease Phenols (Total Colormcmc) Flammability Corrosivity Reactivity lgnkibdtty Chloride BTU Content Flash Point Total Halogens IPH Total Organic Carbon Water. Laboratory Analysis Total Cny of Miami neuch Minnunne Services 3 Price Per Sample Water 595.110 5500.0(1 I+ 590,00 $70.1)(1 570.191 5135.00 $160.011 $135.00 $160.0) 5135.00 5130.00 5145.00 $160.01 5160.19) 5160.00 5185.00 5275.38) 565.3)0 595.00 565.01 5190.0) 5285,0) 515.75 515.75 515.75 515.75 515.75 515.75 515.75 515.75 515.75 515.75 515.75 $15.75 515.75 515.75 515.75 515.75 515.75 515.75 515.75- 515.75 $15.75 515.75 515.75 51575 515.75 515.75 $15.75 590.01 512(1.01 5190.00 542.00 532.19) 532.0) 521 011 565 00 521 00 521.00 532 00 532.00 552.00 513.011 552.0) Value 95.00 500.0(1 90.0(1 70.00 70.011 135.00 160.191 135.(91 16(1.00 135.0(1 130 01 145.00 160.011 160.00 160.00 185.0) 275.00 65.00 95.00 65.00 190.00 285.00 15.75 15.75 15.75 (5.75 15.75 15.75 15.75 15.75 15.75 15.75 15.75 15.75 15.75 15.75 15.75 15.73- 15.75 15.75 15.75 15 75 (5.75 15.75 15.75 15.75 15.75 15.75 15.75 90.00 120.01 1911.00 42.00 32.00 32.1111 21.011 65.00 21.00 21.011 32.00 32.00 52.00 13.01 52.00 Sample Qty Total $u nU 50.(10 50.00 -5001) $11.00 5(1.00 511.191 $0.191 $000 50.011 50.0(1 $0.00 $11.110 $0.0)) 50.00 50.00 $0.01 $0.01 50.181 50.00 $0.00 50.00 $0.00 50.00 50.00 50.00 $0.00 50.00 $0 00 50.00 $0.00 $0.00 50.00 50.00 50,00 50.00 50.00 50 00 $0.00 50.01) 50.00 50.00 50.00 $0.00 $0.00 50.110 5000 50110 $0.00 50.1111 50,00 50.00 511.00 50.00 50.01) 5)1.(10 50.0) 50.00 51101 S)).00 511.00 50 00 50.00 5(1110 $0.00J ran Geolr n,i rnvmmm.ami c rvi,.,, i.,. ISoil Lab Analysis Item Labe) 1 2 3 4 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 129 130 X31 32 33 34 35 36 37 38 39 40 41 42 143 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Hotels) Cin of Mum] (teach Momiormg Servnes Personnel City of Miami Beach Disaster Debris Monitoring Services Section 8 B Description Gasulme and Kerosene Analytical Group Used Oil Analytical Group TRPHhyFL-PRO EPA Method 601 EPA Method 602 EPA Method 6(14 EPA Methal 605 EPA Method 6116 EPA Method 607 EPA Method 608 EPA Method 609 EPA Method 611) EPA Method 611 EPA Method 612 EPA Method 614 EPA Method 624 EPA Method 625 EPA Method 802113 for 8010 EPA Method 8)11513 EPA Method 802113 for 8020 EPA Method 0260 EPA Method 8270 Aluminum Antimony Arsenic Banum Beryllium Boron Cadmium Calcium •Chromium Chromium (Hexavalent) Cobalt Copper Iron Lead Magnesium Manganese Mercury Molyhdenum Nickel Potassium Selenium Suver Sodium Thallium Tin Vanadium Zinc TCLP Extraction for Metals R RCRA Metals TCLP 8 RCRA Metals Od and Grease !Phenols (Total Culormetnc) Flammability 1Corrosivay Reactivity Ignitibtbty Chloride BTU Content Flash Point Total Halogens PH Total Organic Carbon Soil Laboratory. -Analysis Total Price Per Sample Soil - 5200.10 ... 5550.00 $95.00 5220.00 $220.181 5185.18) 5185.00 $185.00 5185.00 5185,00 5160.00 $185.01 5185.181 5185.110 $185.()0 5290.(8) 5395.00 ['69.00 5110.00 570.00 52011.181 5300.1)0 520.00 52(1.00 520.00 520.01 520.00 520.01 520.(10 520.00 520.00 520.00 550.00 $20.00 520.00 520.00 520.00 520.00 520.00 520.00 520.00 520.0(1 520.0(1 520.181 $20.00 521.18) 520.0) 520.0 $20.00 590.0(1 51411.0(1 5200.00 558.0(1 553.0() 532.00 52818) 580110 527.011 527.00 542.18) 532.00 538.00 513.121 575.0(1 Value 200.0(1 550.00 95.0(1 220,00 220.00 185.00 185.181 185.00 185.00 185.00 160.0() 185.[0 185.00 185.00 (85.0(1 290.00 395.00 69.00 11(1.00 70.10 200.00 300.00 20.00 2000 20.00 20.00 20.00 20.00 20.00 20.00 20.00 2(1.00 50.00 20.0(1 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 2000 20.00 20.00 20.00 90.00 140.00 201.00 58.00 53.011 32.00 28.0) 8(1.00 2700 27.00 42.011 32.00 38.11 1300 75.00 Hours Sample Qty l'otal 50.1111 50.00 50.18) $0110 50.00 50.00 $0.00 $0.00 50.00 511.00 51.00 50.00 $0.00 50.)0 51.10 5(1.(10 50.(10 50.00 $0.00 50.00 5000 50.11(1 50.00 50.00 51.00 $0.00 50.00 $000 $000 $0.00 50.00 50.01 50.00 5(1.00 50.00 50.00 50.00 50.00 50.110) 50.18)1 50.001 51.001 50.101 50.0111 50.001 50 001 50.001 $0.010 $1.1111 $1).00 $10)1 5(1.(8) 50.01) 5000 50.00 50.00 50151 50.00 50.011 50.00 50.00 50.00 50.00 50.00 50.001 CRI) Geolooical & Environmenwt Servux. Int C.4 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fox: 305-673-7851 INSURANCE CHECK UST "ATTACHMENT C" 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 $ . 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. 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 MIAM1BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HUM given Me public hearings wli ba hold by tie Mayor and ay Ca rtmlaslon at the City of A11ani1 Beach. Florida. in Ma Commission Chambers, 3rd floor. City Hal(, 1700 Cornranbon Corder Drive, Mined Beach, Fkrtda, on Iwdrtesdey, September 1. 20011,10 canidar the loaowher 10:15 ,.m. An Ordinance Amending Chapter 2 01 The Miami !Meech City Code Entitled 'Administration' Amending Article 3, Entitled "Agencies, Boards Md Committess'Am.nding Division 25, Entitled 'Transportation And Parking Commlttal'Amendfng Section 2.190,94, Entitled "Composition', By Reducing The Number Of Voting Members On The Committee From 19 To 14, And Amending The Composition 01 The Committee To Delete The Membirshfp*Rsprseentatbn From The Following Organizations; Washington Avenue Task Force; South Pointe Advisory Board To The Miaml Beach Redevelopment Agency; Mlaml Beach Thnsportabon Management Association; Miami Beach Convent o n Center And Theater Of The Performing Arts (9M0); And Middle Beach Partnership, Inc., D/B/A 4111 Street-Mkidle Beech Partnership; Further Deleting The Non - Voting Ex -Officio Member Representations. • Inquiries may be directed to the Parking Department at (3O5) 673-7275. 1020 a.m. An Ordinance Amending Chapter 45 Of The City Of Miami Beach Coda By Adding Article 6 Thereof Entitled "Turtle Nesting Protection Ordinance," Establishing Regulations For Ughting And Other Activities On Properties Abutting Or Affecting The Beach, Including Eset OfThe Coastal Conatructlon Control Line, For The Protection Of Sea And Marine Turtles, Endangered Species Nesting On Miami Beach, inquiries may be directed to the Public Works Deportment at (305) 873-7080. 10:25 a.ini Art Ordinance Amending Chapter 2 Of The Miami Beech Cky Code, Entitled •Admhta rat on"By Amending Article VI, Entitled 'Procurem.rd y Amending Division 8, EnMted' LMng.kliegs Requinmanfs For City Swine Contract* MI CM E AmemlinLINio6on 2-406(B), Entitled 'Health Berets; Eltgblky Ps,bd .. lb RequWe Covered Employers, Or The CMK;16 ray ALhrIng Wags Of $9.31 An How, Commencing On The Date Of Hire Of The Covered Empioysa, ThroughM Eligibility The Period. Inquiries may be directed to the Procurement Division et (305) 6737490. 10:40 a.m. An Ordinance Amending The Land Development Regulations Of The Code Of The City 01 Miami Beach, By Amending Chapter 118, "Administration And Review Precedures', Article 11, "Boards', Divielon 4, `Historic Preservation Board', Section 118.106 To Modty The Requirements For Approvals Of Certificates Of Appropriateness. Inquiries may be directed to the Planning Department at (305) 673-7550. j40:50 gym. n Ordinance Amending Chapter 142, 'Land Devaklprrlertt RepuleNors' Of The City Code: By Amending Article IV, 'Supplementary Use Aeg labor ,'Section 142-874, 'Required Enclosurse. By Clarifying Store Encfasuree; And Amending Section 142-904:Additional Mixed Use Entertainment District Regubtlona," To Allow The Sale 01 Cigars And Cigarettes By A Vendor Licensed On The Promises With Transactions To Occur Only Within Private Property. Inquiries may be directed to the Planting Department it (305) 673-7550. 2:00 pan. An Ordinance Amending Ths Code Of The City Of Miami Beach, By Amending Section 114-1, "Definitions.' Clarifying The Meaning Of 'Site "Amending Chapter 142, Zoning Districts And Regulations,' Article II, "District Regunations," Division 18, 'PS Performance Standard District," Clarifying That Floor Area May Be Distributed On Block 1 Thradgh Covenants In lieu Of Unity Of Tith. Inquiries may be directed to the City Attorney's Office al (306) 673-7470. 6:06 p.m. An Ordinance Amending The Land Development Regulations 01 The Coda 01 The City Ot Miami Beach. Florida, Chapter 142, 'Zoning District. And Regulations." Division 2, "RS -1. RS -2, RS.3, RS -4 Single -Family Residential Districts," By Amending Lot Coverage, Structure Size, Building Height And Setback Requirements For New Sirnpie-Family Residential Construction And By Amending The Criteria And Procedural Thresholds For The Review And Approval Of New Single -Family Residential Con.tructbn Inclusive Of The Creation Of A New Single -Family Residential Review Panel. Inquiries may be directed to the Planning Department at (305) 673-7550. INTERESTED PARTIES are invited t) appear at thio meeting, or be represented by an agent, or to express their views In writing addressed to the City Commission, Go the City Clerk, 1700 Convention Center Drive, tet Floor, City Hall. Miami Beach, Florida 33139. Copses of these ordinances are available for public inspection during normal business hours In the City Clerk's Office, 1700 Convention Center Drive, tat Floor, City Halt, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances addltbnal legal notice would not be provided. Robert E. Percher, City Clerk . City o1 Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the pubtic that: if a person decides to appeal any decision made by the City Commission wet respect to arry matter considered at Its meeting or its hearing, such person must enure that s verbatim record at the proceedings Is made, which record includes the testimony and evidence upon which the appeal Is to be based. This notice Goes not oonstftute consent by the City for the Introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this meter -nil In accessible format sign language interpreters, inbrmatlon on access for parsons with dleabilit).s, and/or any accommodation to review any document or participate In arry city -sponsored proceeding, pease contact (305) 604-2489 (voice), (306)673-7218(TTY) live days In advance to inmate your request. T'TY users may also call 711 (Florida Relay Service). Ad 03116 ORDINANCE NO, 2001-3301 AN ORDINANCE OF THE MAYOR AND CITY 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 "PROCUREMENT", OF CHAPTER 2 OF THE MIAMI BEACH CITY CODE 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, AND 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 for City services provided by private firms, the City wishes to serve as an example by providing a Iiving wage to all City employees. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: $ECTION 1. That Division 6, to be entitled "Living Wage Requirements for City Contracts", of Article VI, entitled "Procurement", of Chapter 2 of the Miami Beach City Code entitled "Administration" is hereby created to read as follow: 1 of 9 Chapter 2 ADMINISTRATION * * * Article VI. Procurement * Division 6. Living Waee Requirements for Service Contracts and City Employees * * * Section 2-407.1tesented Definitions (a) "City" means the eovernment of Miami Beach or any authorized aeents, anv board, aeencv. commission, department, or other entity thereof, or anv successor thereto, jb) "Covered Ennnlovee" means anyone emoloved by the City 9r anv Service Contractor, as further defined in this Division. either full or nart time. as an employee with or without benefits or as an independent contractor. CO "Covered Emolover" means the Citv and anv and all Service Contractors, whether contracting directly or indirectly with the City. and subco0tractors of a Service Contractor, (d) "Service Contractor' is anv individual. business entity. corporation (whether for profit or not_ for profit)._partnershjp_ limited liability company. ioint venture. or similar business who is conducting business in Miami Beach. or Miami Dade Cow ty. and Deets on; (1) of the two (2) following r$cria: (1) The Service Conrcior is: (a) paid in whole or Dart from one or more of the Citv'sgeneral fund, capital project finds. special revenue funds. or any other funds either directly or indirectly. whether by Con)nctitive bid process. inform, bids. =Pests for nroDo$ai$, some form of solicitation. negotiation, or avreement. or anv other decision to enter into a contract: or (b) engaged in the business of. or part of. a contract to provide, a subcontract to provide. or similarly situated to provide, services, either directly or indirectly for the benefit of the City. However, this does not apply to contracts relaterd primarily t4 the sale of prQ¢ucts or g9241 le) "Covered Seryic." are the type of services nurchaled by the City that are subiect to the requirements of this Division whjph include the following;. (1) City Service Contracts Contracts involving the City's expenditure of over $100.000 gS' year tad which include the following types of aerviccs; (1) food preparation and/or distrilaition; (2)_security services, (3) routine maintenJnce services such as custodial. clearing, computers. refuse removal. repair. refinishing, and recycling; 2 of 9 (4) clerical or other non -supervisory office work. whether temporary or_perwanent; (5) transportation and parking services; (6) printingingjp.traRbstgiummics51 (7) landscaping. Lawn, and or agricultural services! and (8) Park and public place maintenance �• � :1 ..Iu . is :i •. 1• •..•'I • • 11 ' • 1 . 1 11 1 ordinance is enacted be solicited in the future by the City to be performed by Service Contjctor. gych services shall be CoveredScrvice&subipct to this Division, SECTION 2-408. Beset LIVING WAGE (a) Livinp Wage Paid. (1) Service Contractors. All Service Contractors. as defined by this Division. entering into a contract with_the City of Miami Beach shall pay to all its employees who provide services covered by this Division. a living wage of no less than $8,56 an hour with health benefits, or a living wage of not less than $9.81 an hour without health benefits. as described in this Section. S2) CIty Emuleyees, For City Employees under the City Day elan. the City will begin to pay a living wage consistent with the golds and terms of this Division on phase-in basis be inning in the 2001-2002 City budpt year. increasing on an annual basis incremental the Living Wage is fully implemented for City employees in the 2003-O04 City budget year as may be adjusted pursuant to subsection (c) below, Thereafter-tk Living Wage to be paid by tliy City to its employees ahallxot be subiect tp the annual jndexine using the Consumer Price Index for all U4an Consumers (CPI U) Zpqui4 under subsection (c) belga Winstead Oa be subiect to negotiations within the collective bargaining structure, (b) Health Benefty. For a Covered Employer or the City to comply witlkthe living wage provision by choosing topay the lower wage scale available when a Covered Employer also pr9vides health benefits. such health benefits shallspnsist of payment of at least $l .25 per hour towards the provision of health care benefits for Covered Employees and their dependents. If the health benefits plan of the Coveted Employer or the City reauires an juin& period of employment for a new employee to be elisfiblelpr health benefits (eligibility pgriod) such Coveredlnplover or City may Qualify to pay tic $8.56 per hour wage scale tiring the new employee's initial eligibility period provided the new employee will be paid health benefits upon completion of the elieihility period. Proof of the provision of health benefits trust be subrnjtted to the awarding authority to anglify for the wage rate for employees with health benefits, (c) Indexing. The living wage will be automatically indexed each vel using lire Consumer Price Index for all Urban Consumers (CPI -IJ) unless the City Cornjnission detennjpck it would not be fiscally sound to implement the CPI -U in a particular year. 3 of 9 (d) Certification Required Before Payment. Any and all contracts for Covered Servicc4 shall be void. and no funds may be released, unless prior to enterine any aereement with the City fora Covered Services contract. tFjtznnlover certifies to the City that it will oav each of its employees no less than the livine wade described in Section 2-408 (a). A cony of this certificate must be made available to the public unon reouest. The certificate. at a minimum, trust include the following; (1) the name. Address. and phone number of the emplover&local contact Person. and the specific rroiect for which the Covered Services contract js sought; fa) the amount of ON...covered Services contract and the City Department the contract will serve; (3) a brief description of the nroiect or service provided; (4) a statement of the wage Ievels for all employees_ and f5) a commitment to pay all employees a living wage. as defined by paragraph Section 2-408 (a).. f e) Observation of Other Laws. j1rf1v (`revered Employee shall be paid not less that biweekly, and without subsequent deduction or rebate on any accord (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The Covered Employer shall pap Covered Employees wage rates in gccordance with federal and all other applicable laws such as overtime and similar wage laws. (f) Postlna. A copy of the jjyjpg wage rate shall be kept postgd by the Covered Employer at the site of the work in a prominent place where it can easily be seen and read by the Covered Employees and shall be supplied to the emalovee within a reasonable time after a request to do so. Postine reouirements will not be required where the Covereri Employer pito the followine statements on the front of the Covered Employee's first paycheck and every six months thereafter. "You are required by City of Miami Beach law to be paid at least $8.56 dollars an hour. If you are not Haid this hourly ;fie. contact your employer, an attorney. or the City of Mjami Beach." All notices will be printed in English. Spanish, and Groote, fp) Collective Banguiningz. Nothing in this Division shall be read to require or authorize any. Covered Employer to reduce wages set by a colic ctjvc bargainine aereement or are reuuired under any prevailing wage law. 4of4 SECTION 2-409. Reserved— IMPLEMENTATION (a) Procurement Specifications. The living wane shall be rgquired in the Procurement specifications for all City service contracts for Covered Services on which bids or r►r000sals shall be solicited on or after the effective date of this Division. The procurement specifications for applicable Covered Services contracts shall include a requirement that Service ContIactors and their subcontractors agree to produce all documents and records relating to payroll and comoliance with this Division upon request from the City. All Covered Service contracts Awarded subseuuent to the date when this Division becomes effective. shall be subject to the requirements of this Division, (b) Information Distributed. All requests for bids or requests for proposals for Covered Services contracts of $100.000 or more shall include appropriate information about the reauirements of this Division, 0;1 Maintenance of Payroll Records. Each Covered Emalov�} shall maintain payrolls for all Covered Employees and basic records relating thereto and shall preserve them for a period of three (3) years or the term of the Covered Services contract. whichever is greater. The records shall contain: (1) the name and address of each Covered Employee; (2) the job title and classification: the number of hours worked each day; (4) the gross wages earned and deductions made; (5) annual wages paid; (6) a copy of the social security returns and evidence of payment thereof; (7) a n;cord of fringe benefit payments including contributions to approved plans: and f,) any other data or information this Division should require from time to time. (d) Reporting Payroll. tvery six (6) months, the Covered Employer shall file with th Procurement Diregtpr Lpomplete pavroll shoyrina the Covered Employer's g yro11 t- • t•.. • 1 1 % ! .11 • 1 .n . • IA I • • 1 1 • 1 •t'. t-.• • .•• gnc payroll period. Upon request from the City. the Covered Employer shall duce for inspection and copying its payroll records for any or all of its Covered Employees for any period covered by the Covered Service contract. The Citv may examine payroll mgords as needed to ensure compliance, SECTION 2-410. Resetvod COMPLIANCE 4ND ENFORCEMENT. (a) Service Contractor to Co merate. The Service Contractor shall permit City employees, agents. or renresentati yes to observe work being performed at. in or on the project or __matter fqr which the Service Contractor has a contract. The City representatives may examine the books and records of the Service Contractor relating to the employment and payroll to determine if the Service Contractor is in compliance with the provisions of this Division. 5 of 9 (b) pmolaint Procedures and Sanctions. (1) An employee who believes that this Division applies or amplied to him or her and that the Servi p Contractor. or the City. is or was not comnplyjng with the requirements of this Division has a right to file a complaint with the Procurement pirector of the City. Complaints by employees of alleged violations may be made at ally tigu and shall be investigated within thirtvj3Q) days by thc_city. Written and oral statements by an employee shall be treated as confidential and shall not be disclosed without the written consent of the emolo"+ee to the giant alined by the Florida Statute. (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. j3) It shall be the restions:tbility of the City to invertigate all allegations of violations ofshis Division within thirty (30) days. If. at any time. the City. upon investigation determines that a violation of this Division has occurred. it shall. wkthin_ten (10) working days of a finding of non-comoiianissue a notice of corrective action to the employer sopcifyillg all areas of non-compliance and deadlines forresolutjons of the identified violations. If a Service Contractor fails to comply with any notice issued. the City Manager or the City Maj ager's designee may issl}e an order in writing to , lie ,service Contractor. by certified mail or hand deiiverv. notifying_ttLE Service Contractor to gppear at an administrative hearing before the City Manager or the City Manager's designee to be held at a time to be fixed in such order. which date shall be not less than five (5) days after service thereof. (4) The Proceedings shall be infgrmal, but shall afford the Service Contractor the rightto testify in the Service Contt'aptorji own defense, prtent witnes. be rrpresentc I by counsel. subunit relevant evidence. cross examine witnesses and obiect to evidence. 11) The nroceeclingshhall be recorded and minutes kept by the City. Anv Set -vice Contractor requiring verbatim minutes for judicial review may arraagtjor the services of a court reporter at the expense of the Service ~;ontractor. (6) Within ten (10) days of the close of the hearing. the City Manager or the City Manager's designee shall render a decision in writing dcterrniping whe_ther4r not the Service Contractor is in compliance. or wlsther other action should be taken, or whether the matter should be continued. as the case may be, an4statine the reasons and findings of fact. a) The City Manage; or the City Manager's designee shall file f mdings with the city Clerk. and shall send a true and correct copy 011i5_521ter by certified mail, return receipt reouested. or by hand delivery. to the businesE address as the Service Contractor shall designate in writing. j$) The City Manager's or designee's findings shall constitute the final administrative action of the City for purposes of iudicial review _under state law. 6 of 9 f9) If a Service Contracto Is to seek timely appellate review of an order of the City Manager or the City Manager's designee. or to comply timely with such order. the City may pursue the enforcement of sanctions set forth in Section 2- 410 (c). (c) Private Right of Action AQainst_Seryice Contractor Any Covered Employee of or former Covered Employee of a Service Contractor may. instead of utilizing the City administrative Procedure sctIDrth in this Division. but not in addition_ to such Procedure, 1 s 1• • : 1 1 • • • : 1 1 ' • 1 • 11 1 1 , : , 1 , 1 ♦ e e O,' jurisdiction to enforceihe nrovisiQnsD£lhis_Division andmabe awarded back pay. benefits, Attorney's fees. and costs, The applicable stag of limitations forsuch a claim will be two (2) years as Provided inFlorida Statutes Section 95.11(4)(slfor an action for Payment of wages. The court may also impose sanctions on the Service Contractor. including those persons_or entitiesnidins or abetting the Service Contractor. to include wage restitution tQ ;he affected Covered Employee and damages savable to the Covered Employee in the sura of un to 5500 for each week each Service Contractor is found to have violated this Division. (d) Sanctions Against Service Contractors. For violations of this Division. the City shall sanction a Service Contractor by requiring the Service Contractor to pay wgee restitution at the cmr lovers expense for each affected employee and may access the following: (1) The City may impose damages in the sum of 5500 for each week for each emnlovee found to have not been paid in accordance with this Division; and/or (2) The City may susopd or terminate navment under the Covered Services contract or terminate the contract with the Service Contractor: and/or (3) The City may declare the employer ineileible for future service contra for three (3) years or until alljenalties and restitution have been paid in full. whichever is longer. In addition_ all employers shall be ineligible under this section where nrincinaLefficers of the employer werrprincinal officers of an employer who violated this Division. (e) Public Record of Sanctions. All such sanctions recommended or imno ;d shall be a matter of Public record. (f) Sanctions for Aldine and Abetting. The sanctions in Section 2-410 (c) shall also apply to any Party or parties aiding and abetting in any violation of this Division, Le) Retaliation anc4 Discrimigatlon Barred. A Covered Employer shall not discharge, reduce the commasation. or other yjsc discriminate against any Covered Employee for making a complaint tQ the City. or otherwise asse;tjng his or her rights under this Division participating ip any of its proceedings or using any civil remedies to enforce his or her rights under this Division. Allegations of retaliflion or discrimination. if found true in a orocecding rider paragraph (b) or by a court of competent jurisdiction under paragraph (c). shall result in an order of restitution and reinstatement of a discharged Covered EmploYee with back pay to the date of the violation or such other relief as deemed appropriate. 7 of 9 (h) Enforcement Powers. If necessary for the enforcement of this Division, the City 1444011#16Y Commission may issue subooertgs, compel the attendance and testimony of witnesses and Production of books, papers, records. and documents relating to payroll records necessary for hearing. investigations. and proceedings. illcase of diaoo¢ience of the subpoena, the City Attorney may apply to a court of competent jurisdiction for an order requiring th attendance and testimony of witnesses and Production of books. papers records. and documents. Said court, in the case of the refusal to obey such subpoena, after notice to the Person subpoenaed. and uoon finding that the attendance or testimony of such witnesses of the production of such books, papers. records. and documents. as the Case may be, is relevant or necessary for such hearings. investigations. or Proceedings. may issue an order reouirine the attendance or testimony of such witnesses or the production of such documents and any violation of the court's order may be punishable by the court as contempt thereof. (i) Remedies Herein Non•Exciusive. No remedy set forth in this Division is intended to be exclusive or a prerequisite for assertine a claim for relief to enforce the rights under this Division in a court of law. This Division shall not be construed to limit an employee's right 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 are hereby repealed. 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 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. EFFECTIVE DATE. This Ordinance shall take effect on the 28th day of April , 2001. PASSED and ADOPTED this 18th day of April , 2001. ATTEST: it 2 1LLft LLkA rrl;trCI CITY CLERK 1st reading 2nd reading XX Ordinance No. 2001-3301 -I MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 411114/1/L ty Attorney . Date 9 of 9 TOWN Y11441.11.1MAJOANIeverb) .�.d a iaNlgr v! Qir rhy v..1...k. 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"; 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 "ELIGIBILITY PERIOD", AS SAME IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR MAY QUALIFY TO PAY A NEW EMPLOYEE THE $8.56 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 BY 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 ADMINISTRATION Article VI. Procurement * * * Division 6. Living Wage Requirements for Service Contracts and City Employees SECTION 2-408. LIVING WAGE * * * * * * (b) Hvith Benefits: elialbillty period. For a Covered Emoloverorthe City to comolv with the living wage provision by choosing to pay the lower wale scale available when a Covered Employer iso provides health benefits. such health benefits shall consist of payment of at least $1.25 per hour toward the provision of health benefits for Covered Emolovees and their dependents. If the health benefits plan of the Covered Employer or the City rewires an initial period of employment for a new employee to be elioible for health ben fits (eligibility Reriod) the living wage provision shall be complied with as follows during the ehaibllity period: (1) Provided the new employee will be paid health !wets upon the mpletion of the eligibility period. a Covered Employer or the itv may n_ my ma' to oav the $8.56 per hour wage ,tale for a term n t to exceed the fist ninQIv ( 01 dans of the new employee's eligibility period, said term commend= on the employee's date of hire. (2) If the Covered Emplover's or the City's eligibility period exceeds the ninety (901. day term provided in subsection (114bove, then the Covered Employer or the City. commencing on the ninety firs 91') day 2f the new employee's eligibility period. must commence to pay a living wage of not Tess than $9.81 an hour. Proof of the provision of health benefits must be submitted to the awarding authority to aualifv for the waae rate for employees with health benefits. ggCTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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 become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be retumed. SECTION 5. EFFECTIVE DATE. PASSED and ADOPTED this 30th day of ADri1 , 2003. ATTEST: '{fib �at.(G u MAYOR CITY CLERK APPROVED AS TO FORM & LANGUAGE 1st reading EXECUTION 2nd reading T:(AGENDA120031apr0903VegularALIvinp Wage Prot Per 04 03 ord.doc 4p. CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE 16 HEREBY given Chet public hearings will be hell by the Mayor era) Clty Commission ot the City of Miami Beach, Ronda, in the. Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drtve, Miami Beach, Fto,1da, on Ykdneaday, Agri 30, 2003, at the fines listed below to consider the following on first reading: at 1MB AN OROINAICE AMENDING ORDINANCE N0. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE; INCREASING ON THE RBST PAY PERIOD ENDING MAY 4, 2003, THE MINIMUM OF THE RANGES BY 4% AND THE MAXIMUM OF THE RANGES BY 1%; AND BY ESTABLISHING THE CLASSIFICATIONS OF ASSISTANT DIRECTOR — NEIGHBORHOOD SERVICES, HOUSING MANAGER, OFFICE OF COMMUNITY SERVICES DIVISION CNRECTOR, LABOR RE.AT10NS ENVISION. DIRECTOR, LABOR RELATIONS TECHNICIAN I, SPECIAL EVENTS COORDINATOR, PUBLIC ART COORDINATOR; AND AMENDING THE TITLES OF THE CLASSIFICATIONS OF HOUSING DEVELOPMENT DIVISION DIRECTOR TO COMMUNITY DEVELOPMENT AND HOUSING DIVISION DIRECTOR, LABOR RELATIONS TECHNICIAN TO LABOR RELATIONS TECHNICIAN A, TRAINING DEVELOPMENT COORDINATOR TO ORGANIZATIONAL DEVELOPMENT AND TRAINING COORDINATOR, TWINING SPECIALIST TO ORGANIZATIONAL DEVELOPMENT AND TWINING SPECLALLST; AND ABOLISHING THE 1111E OF CLASSIFICATION OF ASSISTANT TO THE NE83IBORH00D SERVICES DIRECTOR, PROVIDING FORA REPEALER, SEVERABILITY, EFFECTIVE DATE, AND CODIFICATION. et 1(Ma. M.: AN ORDINANCE AMENDING ORDINANCE NO 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE, FOR CLASSIFICATIONS IN GROUP VI, BEJNG OTHER CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED BY A BARGAINING UNIT: INCREASING ON THE FIRST PAY PERIOD ENDING MAY 4, 2003, THE MINIMUM OF THE RANGES 8Y 4% MD THE MAXIMUM OF THE RANGES BY 4%;AND BY ESTABLISHING THE CLASSIFICATIONS) (IF ICE RINK TECHNICIAN AND SANITATION OPERATIONS SUPERVISOR AMENDING THE TITLES OF CLASSIFICATIONS OF PERSONNEL TECHNICIAN I TO HUMAN RESOURCES TECHNICIAN I, PERSONNL TECHN1CUW II TO HUMAN RESOURCES TECHNICIAN tl, PERSONNEL TECHNIC AN II TO HUMAN RESOURCES TECHNICIAN Ill; PROVIDING FOR A REPEALER, SEVERABIUTY, EFFECTNE DATE, AND CODIFICATION. st1O56a. AN ORDINANCE AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED 'ADMINISTRATION'; BY AMENDING ARTICLE >d, ENTITLED, 'PROCUREMENT'; BY AMENDING DIVISION 6, ENTITLED 'LIVING WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES'; BY AMENDING SECTION 2.408(3), EMPTIED 'HEALTH BENEFITS," THEREIN, TO PRESCRIBE A MAXIMUM PERIOD OF TIME FOR THE "EUGIBIUTY PERIOD,' AS SAME IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR MAY QUALIFY TO PAY A NEW EMPLOYEE THE $8.56 PER HOUR WAGE SCALE; PROVIDING FOR REPEALER. SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE Inquiries may be directed to the Human Resources al 1305) 673-7470. st1100amkt I AN ORDINANCE AMENDING SECTION 30-7818) OF THE MIAMI BEACH CITY CODE ENTITLED *MITIGATION," PROVIDING FOR MITIGATION HEARINGS TO BE HEARD BY THE SPECIAL MASTER WITHIN ONE YEAR OF THE ISSUANCE OF THE AFADAVIT OF COMPUANCE; PROVIDING THE SPECIAL MASTER MAY ALSO HEAR MITIGATION REOUESTS BEYOND ONE YEAR AFTER THE AFFIDAVIT OF COMPLIANCE UPON APPROVAL OF THE ADMINISTRATION; PROVIDIiG FORA REPEALER, SEVERABIUTY, CODIFICATION AND AN EFFECTIVE DATE Inqubtes may be directed to the Neighborhood Services el (305) 604-2469 AIL )NTE ESTED PARTIES are Invhed to appear at this meeting, or be represented by an agent. or to express their Tawe in writing addressed to the Ctty Commtssicn, c/o the City Clerk, 1700 Convention Center Drive, 1s1 Floor, Ctty Hall Miami Beach, Florids 33139. Coplee of these ordinances are minable for pubic Inspection during normal business hours 1n the City Clerk" Office, 1700 Convention Center D.M, tet Floc, city Hal, Kann Beach, Fonda 33139. This meeting may be continued and under such circumstances addt6mal legal notice would not be provided. Robert E. Percher, City Clerk City of Miami Beach Pureuent to Section 286.0105, Fla. Stat, the CIty hereby advises the public that If a person decides to appeal any decision made by the City Vommiuion with respect to any matter considered et Its meeting or its hearing, such person must ensure that a verbatim record ot the proceedings Is made, which record includes the testimony and evidence upon which the appeal is to be based. Thla notice does not =statute consent by 1he City fix the kttroduction or admission of otherwise tnaomIssible Of Irreievanl evidence, nor does tt augortte challenges or appeals not otherwise stowed by law. kir accordance *eh the Americans with DbaCNltiea Act of 1990, persons needing special accommodation to participate In this proceeding, or to request information on acceta to persons with disabllitiee, or to repusat this publication in accessible formal or to repueet sign language lirtapraters, should contact the Qty CDirk's office at (305) 673-7411, oo tater than four days prior to the proceeding.11 hearing Impaired, contact the City Clerk's office via the Fiorlda Relay Service numbers,1600) 955-8771 (TTY) or (800) 955.8770 (VOICE). • t I01a5X , �.�•� I . •... .' , • 1 • • L e-•• O 3 1 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: An 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 $8.56 rate. Issue: Shalt the City Commission create a consistency between the City and the City's contractors as to maximum eligibility period for health benefits during which a contractor may pay a new employee the lower $8.56 rate? Item Sunnmary/Recom dation: Ordinance was approved by Commission 4/9/03 and second reading, public hearing was set for 4130/03. 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. Advisory Board Recommendation: f N/A Financial information: Source of Funds: ..i ii? C1v Clerk's Office Legislative Tracking: 1 T.C. Adderty Sign -Offs: Ds arttnant:Dlrtc t it 1 X.C.A `�. .' ... • r•'AqqiD,40 xa A i t slt'Cfty'lii{ n pr 7-%a455. T:1A(lENDA120031apr3003 regularWving Wage 91d Prob Per 04 03 surn2.doc City: MaMiaer - I (/ AGENDA ITEM E5 0 DATE y"'3C% `03 CITY OF MIAMI B EAC H CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.rniamlbeachfl,gov To: From: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez City Manager Date: April 30, 2003 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 "ELIGIBILITY PERIOD", AS SAME IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR MAY QUALIFY TO PAY A NEW EMPLOYEE THE $8.66 PER HOUR WAGE SCALE; PROVIDING FOR REPEALER, SEVERABILITY, 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 their employees nothing Tess 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 LIvina Wage Ordinance The intent of a Living Wage continues to be to provide salary rates for full-time employees equivalent to 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 receive 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 91st 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 91st day of the eligibility period, the contractor will pay the employee the higher rate of $9.81 until the employee receives health benefits. 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:WOENDA\20034p30031requlan Mnp Wope 91d pmob per 04 03 rnem2.doc Attachment "E" Commission Agenda, Addendum No. 1 thru 10 thereto Request for Proposals No. 16-05/06, and Contractor's response to the RFP. 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) 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 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 & 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 monitoring 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 Neighborhood 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 & Environmental Services, Inc.; • Malcolm Pirnie, Inc.; • Post Buckley Schuh and Jernigan (PBS & J); and WHEREAS, Post Buckley Schuh and Jernigan (PBS&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; 6) Post Buckley Schuh and Jernigan (PBS & 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, Inc. PASSED and ADOPTED this 12th day of ATTEST: 2/Gifc......,,,,, E i' CITY CLERK Robert Parc er T:IAGENDA120061ju11206\consent\RFP-16-05-06DebrisRemovalRFP-RESO.doc , 2006. MAYOR David Dermer APPROVED AS TO FORM & LANGUAGE & FOR 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. Key Intended Outcome Supported: 1 Improve Cleanliness of Miami Beach Riphts of Way especially in Business areas. Issue: Shall the City Commission approve the City Manager's recommendation? tem Summary/Recommendation: On April 11, 2006, the Mayor and arty Commission approved the issuance of Request for Proposals (RFP) No. 16-05/06 for Emergency Debris Monitoring Services. 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) ACCEPT THE CITY MANAGER'S RECOMMENDATION Advisory Board Recommendation: N/A Financial Information: Source of Funds: 11 2 OBPI 1 Total Financial Impact Summary: Amount City Clerk's Office Legislative Tracking: 1 Gus Lopez, ext. 6641 Skin -Off : De . artment Director AV 006\ju11206\consen \RFP-16--05-06DebnsRemovafi fPSummary.doc Assistant City Mari PDW R Account MIAMIBEACH Approved City\ Manager JMG � 1 AGENDA ITEM nATF ea_ MIAMIBEACH City of Miami Beach, 1700 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 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS; 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 govemments. 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). 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) 16-05/06 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 Toad 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 April 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, Inc. • 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 Neighborhood 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 Avart, Inc. $381,989 Malcolm Pirnie $434,079 Beck Disaster Recovery, Inc. $443,700 CRB Geological & Environmental $445,695 Services, Inc. Tubosun Giwa & Partners, Inc. Camp Dresser and McKee (CDM) Post Buckley Schuh and Jernigan (PBSJ) American Consulting Engineers of Florida GBF Engineering, Inc. Keith & Schnars, PA Consul Tech Construction Management, Inc. Total Expense Fee Grand Total $11,570 $393,559 $0 $434,079 $443,700 $458,015 $548,140 $620,578 $700,490 $728,379 $0 $820,315 $0 $837,480 $0 $869,460 $0 $12,320 $ 536,640 $11,500 $591,026 $29,552 $485,690 $214,800 $697,474 $30,905 $0 $o $869,460 Commission Memo RFP 16-05/06 — 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; Avert, 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 further discuss 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, Post 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 American Consulting Engineers of Florida (5) James Sutter (Chair) Fernando Jackie Vazquez Fernandes Al Zamora Cliff Leonard 73 54 74 46 71 (3) (4) (4) (5) (3) Beck Disaster Recovery, Inc. 94 65 89 84 87 (1) (1) (3) (1) (1) (2) Camp Dresser and McKee, Inc. (CDM) (3) CRB Geological & Environmental Services, Inc. (4) 68 53 71 60 89 (4) (5) (5) (3) (1) 59 80 81 50 59 (5) (2) (3) (4) (5) Malcolm Pirnie, Inc. 91 81 83 80 68 (2) (2) (1) (2) (2) (4) Post Bukley Schuh and Jernigan (PBS&J) (Withdrew) (6) 14 20 22 19 20 (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 Al 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, Inc's 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, including the removal of and reimbursement of over 43 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). In 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 offices located throughout the United States, including eight in Florida. Malcolm Pimie, Inc,. retains a staff of 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 many years 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, INC. (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:IAGENDA120061juI12061consent\R FP-16-O5-06DebrisRemovafRFPMEMO.doc MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.rniamibeachfl.0ov PROCUREMENT 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\$ALL\Roman\R FP\RFP16-05-06\RFP-16-05-06A10.doc vve are cornmikec ro prcv drnp _er'L.e and scie.t to o!t wto live, work. and ploy r^ our vlf,ori +ro,�rcci, ..srcr.- ,:. .Assistance agtentlado Debris Management Contracting and Monitoring 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 contractors are used to do part or all of the work, the Applicant must follow FEMA contracting guidelines to ensure maximum reimbursement for debris removal and disposal efforts. Acceptable Contract Types 1. Time and Materials — Cannot be used for more than 70 hours of actual work. This type of contract is usually used immediately after a disaster to mobilize contractors to start emergency removal efforts. These contracts should have a termination clause and a not -to -exceed limit for both time and costs. The contract should be terminated when the first of these limits is reached. 2. Unit Price — Is usually used when the scope of work is hard to define and is based on estimated quantities of debris. Unit price contracts are based on weight (tons) or volume (cubic yards). These contracts require close monitoring during removal, hauling and disposal to ensure accuracy. 3. Lump Sum — Should only be used when the scope of work is clearly defined and the areas of work can be precisely identified. Lump sum contracts establish one price for all work included in the contract. The price is fixed unless the scope of work changes. This type of contract is easy to monitor when the scope is well-defined. A pre -awarded contract for emergency services may be used if the contract was competitively bid and prices are comparable with established rates in the region. The contract issuer may be a jurisdiction or a regional operational authority. "Piggybacking" by using an existing contract established by another jurisdiction is not recognized by FEMA as an acceptable form of contracting. Cost plus a percentage, contingency contracts, and contracts awarded to debarred contractors are not allowed. Contract Monitoring/Debris Monitoring As a condition of the FEMA grant funding program, the Applicant is responsible for ensuring that the contract is properly monitored so that quantities and expenses are documented to substantiate FEMA funding. I. Monitors should verify that debris picked up is eligible; measure truck load capacities; verify volumes or weights of debris in trucks; inspect pick-up areas, haul routes, temporary storage sites, and disposal sites; verify the contractor is working in assigned areas; and ensure other contract requirements are met. ✓ The Applicant should train and deploy debris monitors to watch and document contractor activities. Debris monitors may come from the Applicant's full-time work force, temporary hires, or contracted 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. Contracting Tips: ✓ FEMA does not recommend, pre - approve, or certify any debris contractor. ✓ Only FEMA has the authority to make eligibility decisions; contractors cannot make eligibility determinations. ✓ FEMA does not credential any personnel other than official employees and Technical Assistance Contractor personnel. ✓ Contracts should have a well-defined scope of work, specified costs, basis of payment, and delivery schedule. 1 Contracts must be competitively bid and have "reasonable" costs. ✓ FEMA will participate in uniform practices of reimbursing mutual aid costs if a written agreement was signed prior to the disaster occurring. ✓ Communities cannot guarantee a minimum number of hours for a time and materials contract. ✓ For reimbursement, Applicants must be able to provide FEMA with documentation of competitive bidding, bid tabulation, contract monitoring including field monitoring of debris operations, quantity of debris handled, payment; and force account costs (if applicable). Contracting/Monitoring References FEMA 321, Policy Digest FEMA 322, Public Assistance Guide FEMA 325, Debris Management Guide FEMA 329, Debris Management Brochure FEMA 9580.1, Debris Operations Job Aid FEMA 9580.4, Fact Sheet: Debris Operations Questions? Call the FEMA Debris Hotline, Orlando, FL at 1-407-858-4951 CA MIAM!BEACH City of Miami Beach, 1 700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniamibeachfl.gov PROCUREMENT Division 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 under this contract. 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. 5,,,� are cornmlt:ec.? fC prov%dine excellent pubii:c 5e^/,, -e and zofety to o!i who live, •vcri, and pity rn our v;,^ron;. tropics.!, h,s.ttic community 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 performing the 1st assessment immediately after a hurricane? A. The 1st assessment wilt 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 performed. 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 under each 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 performances. 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 referto 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. 1~V~ .~... LO'^/Gdi3~ h^ pfOV~~~Ru ~xr°Itprt _Util~ _~,v.-c Ong snip}• 10 O!' svY~ Irva, •a~^!~. Ofd rlpy ,,^...ur vn~;v;, +r~acci, ^iS;Cnc .-ornm•_ri^~. 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 Manager will 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. On Addendum No. 7 underthe Risk Assessment Guide, under 2"d section entitled "RAP Plan Format" it states that a format far 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$ALL1Roman\RFP1R FP16-05-06\R FP-16-05-06A9.doc ~~1ic cre co.mm,ha.,' r, Frard~nG ex~_ellen: . u~~rC .Ervir~ Gn~ cor?n~, ro aii wno l,v?, ,,vnrir nrd nlny m ..ur vi;~:oG.. pi~ei, ^iS,C:ri,` -~,m.munry_ Risk Assessment Plan Format Please prioritize the risks (list the greatest risks first). Indicate the potential impact to project cost (in terms of $), and/or schedule (in terms of calendar Days). you may addideiete the risk rabies below as necessary. Maior Risk Items Risk 1: Impact: Schedule (Days) Solution: _..---.-...._.-....__--. ____._.__...__......-..- Risk 2: Impact: Cost ($) Schedule (Days) Solution: Risk 3: .- Impact: Cost {$) Schedule (Days) Solution: Risk 4: Impact: Cost ($) Schedule (Days) Solution: Risk 5: Impact: Cost ($) Schedule (Days) Solution: Risk 6: Impact: Cost {$) Schedule (Days) Solution: Risk 7: Impact: Cost {$) .............................................................. Schedule (Days) Solution: Risk 8: Impact: Cost ($) Schedule (Days) .................................................................. Solution: Risk 9: Impact: Cost ($) Schedule {Days) __ _ _ __ Solution: Value Added Options or Differentials (what you will do that the others do notl 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. l'V= cre comTiBe~? h? prc•n~'m~ ~xrFl~Bn+ pow he ScNF'~ Ql.~i $Qlgh~ to cf~ •rrho ifv?, vr.^.lir. ord r;oy i^ our vi;~~ar;. ±roprx!, .^.isrori,- -om; furl^r. Item 1 Impact: ost (} _ _ Schedule (Days) Item 2 Impact: Cost ($) _ _ _ _ _ _ __ Schedule (Days) Schedule (maximum six milestones) Milestones (start, finish, no of workdays) Total number of workdays 1'~" ire commrhe, o-^ prord~np exrel!er• ohi,c 5~rv~r= one sare,~~ to oli •~fi: hvP• •f~rri~ one rfoy~ t^ GUr vi,.+;ord. cr~e, ..:.?rir rom~uri^~_ m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beoch, Florida 33139, www.miamibearhfLOov PROCUREMENT 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. 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 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:IPU RCI$ALL1RomanlR FP1R FP16-05-O61R FP-16-05-06A8.do~ ti'l'e wE comrc,G?^ rn p~ov~ ?~nG °x,-?f~P~ ,_ ~~.C .... .-„ O!1'~ Sn!?•~' :O G!~ wY; SvP, y~0~~~. Oncf n ~ y. i^ ,...~ vl~'~ro;. ~ LnCRf, . ~.. _ ~m.^. ~~m r, y. ~ MIAMBEACH City of Miami Beach, 1700 Convention Cenfer Drive, Miami Beach, Pbrido 331 39, www.rniamibenchfl.gov PRGCL'REMENT Division Tel: 305-673-7490, fax: 305.673.7851 REQUEST FOR PROPOSALS (RFP) NO. 16-05106 ADDENDUM NO. 7 May 23, 2006 EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH is amended as follows: Attached to this addendum are instructions on how to prepare the Risk Assessment Plan (RAP). The RAP is required to be submitted with your RFP response to the City. Please provide one copy of the RAP for each proposal copy (10) and one (1) for the original. Consultants are required to acknowledge receipt of this Addendum No. 7 on proposal Page 22, "Acknowledgement of Addenda", or the proposal may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:\PU RC1$ALL1Roman\R FP1R FP16-OS-061RFP-16-05-06A7.doc lq~g O., GO(.^.rnrho^ M1? ~:rpv~[:,a0 °XC?lIP~ i~G~i:C S. .c Oil~i SQf?n~. ;O v.i 'rrhp ir~F, w~^rir pr`' r'~Oy 1.^. /~I yi,~;~ri :IV7rCC:, .^. i.. - 'OT].^IUfiriV 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 ($}, time, and client expectation of quality and pertormance}. The RAP is used to: 1. Assist the client in prioritizing firms based on their ability to understand the risk of a project. 2. Provide high performing`vendors the opportunity to differentiate themselves due to their experience and expertise. 3. Giving the competitive edge to experienced companies who have done the type of work before, who can see the job from beginning to end, and who know how to minimize the risk. 4. Provide a mechanism for the high performers to regulate the low performers by ensuring that if they are not selected, the selected company will minimize the risk and provide the client with a comparable performance. Vendors should keep in the mind that the RAP is only one step in the selection process. If all the RAP's are the same, the RAP will have little impact in the selection (other factors, such as past performance and interview will dictate the selection). The RAP will become part of the contract. RAP Plan Format The format for the RAP is attached. The RAP should clearly address the following items in anon-technical manner: 1. List and prioritize major risk items or decisions to be made that are unique to this project. This includes items that may cause the project to not be completed on time, not finished within budget, generate any change orders, or may be a source of dissatisfaction for the owner. Attach a cost ($), 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 nameslfl - 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. Imaact 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. ~'1'° o:,, corn,r.d:a•, rc prcv;d~n~ ex.-~(ler; pUb,'!c .°,v"-c one _^rP ~- fo oji ~.v`~~ ;rvP sv~^~e. _ r,:~ ,_ Oj .. cur v+~^toN. -• caCCi, ..,._ _ -~~m,^~•;rcv Rating of Risk Assessment Ptans 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 1 ~ copies of your RAP? If all items are checked, your risk assessment plan is ready to submit. l'Ve pre ror^~*•,h?^ n^ prOVi. mp exC?Ifen; i:.v".c .°rvL-e pn,~, ^r? ~ !o of vitc bv?, v~•?r prd ~~'py ir. ,.;;r vi;~.prf. ~r~orce~, . ~.. - -., ,nm:mr. ~. m MIAMIBEACH City of Miami Beach, 1700 Convention C.enMr Drive; Miami Beach, Florida 33139, www.miamibearhA.pov PRGCUREt~hEN7 Division Tel: 305.673-7490, fax: 305.673.7851 REQUEST FOR PROPOSALS (RFP) NO. 16-05/O6 ADDENDUM NO. 6 May 22, 2006 EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH is amended as follows: 1. The RFP submission date has changed from May 25 to June 2, 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. 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$ALL1RomanlR FP1R FP16-OS-061RFP-16-OS-O6A6.doc ~~~~° ~.~ CO.^1mi!!Pr 1,~ F:fOY,?i!10 EX.-oI(Pn: ~^.u~i~i SE(vfC.. OrIG~ ..7i9n~ :O ufi 'Nii: Irve ~P/~~re. Or;C' ~ f~ L^ .vL'r v;t`; p,-,;. L~iCC~, ~ ~. ^ri- _ ~rn.•~:~rl7Y. ~ MIAMBEACH City o4 Miami Beach, 1700 Convention Center Qrive, Miami Beoch, Florida 331;f9, www.miami6eachfl.gov FRciCtikEMEN7 Division Tel: 305.673.7490, Fax: 305.673-7851 REQUEST FOR PROPOSALS (RFP) NO. 16-05106 ADDENDUM NO. 5 May 15, 2006 EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH is amended as follows: I. Please be advised that the deadline for submission of Evaluation Surveys from clients has changed to end of business day June 9, 2006. Inasmuch as this change does not materially affect the RFP document, proposers are ,not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:IPU R C1$ALL IRomanlR FP1R FP16-05-061RFP-16-OS-06A4.doc ~'b° 6fB ~Of^.~*,If,'P^ t4 F:fO'i~~i.~u ExC?i~C'.n, y::,,,, ~.i .Efvi~:E ~a.^i ..7fP~~ !O v.. 'PJ}P (ivo y~rr~_ ifs ~{`.1'Oy f.^, .d:( v+i^(Or•!, if0 CC.:, ..^. i.:._. - =~1177^li'~pl ~ MIAMIBEACH CiFy a!f Miami Beach, 1700 Convention Center Drive, Miami Reach, Florida 33139, www.miamilx~achH.F~ov PRt~C.UREtv1EN7 bivi.sion Tel: 305-673.7490, Fax: 305.673.7851 REQUEST FOR PROPOSALS (RFP) NO.-'i6••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, 2006 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 R C1$ALL1RomanlRFP\R FP16-OS-061R FP-16-OS-06A4.doc 1'V< ,,. ,, Co.'^.md;? ro prpv.~'~n~ =x•: ?I~P~~ , G~i:i .,., :. Orl~ S::f? ~~ !O vl: YJY•i !IV?, YJJ!~:. on:! !:..~ i' In v8! vi,~,onl, .cr.~co~, • :._ - -?mrnyr ~^~. CSTY I)F MIAMI BEAC:E~ PRA-R~ SUSMITfAL GL~NFER~~ICE SIGN-IN SNEE;~' i;Fr Y~C:: RFA Mo. 16.05/Ob TtTtF: Eh'IEItGE1+tCY DI5A5TER dEBRIS NIQIYIY'Oi22RE6 ~RVx~L~S R7R"Cli~ GY'T'Y ~ I+iIAMI AEpCtf e PtRMCfPt&ASkRitLtt}~ j.......... -...-. ~GO!4RAt~tY-fo1X?kE'S~:tYX+I~p~Li'NY: AHfWE.'P' 34LX~~µ~ .. .... ... `~.'f~ ,r ... d.. v+ a. 9'/ may. '/y ~1~ G J~ ~ nA: l t ~ '~. ~C y/ iYIC.S :T. .. jY.:. . .. /! Y % • C r. /.'w r• /<r.! :~/ ' ~T ~ ~ ~ A ~/ rt 3 r ~. ~ ~"K ( Y 4 .X' ". F' ? ~7; it t I/~ R`r~ /t~~. ~~ .i r ~J, '{ ~ y ~ ~ / ,y ,r .....,.J{ _~ 13!/~s~;~Y~cs1X " 1~iGc;~swww. , l~~...~:~d~.a ~' - • ?t • `:s~/ tL ~~'~ ~,•.:~ .. i .l : ~„. IC. Y 4'rC4: f.:.~ \r . ':F'r.11.. ..~ ik.~f.. 55 Jv /, r..t~^ ~ t -~ ... ?'<; ap R.: ,^;,4a:5i ..Ili'" I . . . . 2 CITY OF MfAMI BF~1~:H p3~-~F~ St1E~h1I7?Af. Cf.?f~~'ERE~'~Ci:° SPGEJ-IiV SH~E~T rz~rF: ~, z, z;v~b RFr~ rd~: afiP s~ha, x6•nSli?6 'fT~'t_E: E~9EitGEPtCXDI5A5'1'EIt~EBItY5~-JNI'!C?it21~#GSEILYICESEOb[•3'NE CITY OF I~EIAMY ~hCH ..................~.....w...._ • --•- ~•--•- hANF. iMFlaGF VRWTj • .:l!9VANY N3:1flE.$G ryKPiISY pR1TfR) ~fl~)~~E3~° fAX~if j ~J~tAj.- t~di>.>y:L.e..•a•,. .t,`::iCr%abr.:r•. .. :.V.~:hF• .:n., <'Y;.,~~jw-:^jn.~(1!~ Y~7d~i'Sf•.:~-'-`Y^:1 ~.;"~ C'),2ri~,~~'C~ byi?S•ir7kVr1C~:MJ~'YS~: ~~~/f:.v.£ ~<F ~+:~ -::+49-.~. .~r~.: z~:7 ^ 1 • • !~")J :LJ<(t~'rft'+f Mr :~9W.tC ,d~vj~`~~°•t~jjf - --- rr jj JJ~ ]} ~ ~ fe~"bY /~MiJ' V•'~1•Y~ Trv)9lF~VtM~ •~) '',N;j - •x3cs ,}~., < v1,t•.~ ~.~r-~Y i~6~tBStt 1 ~s~g~. s4 [ ~ ~L. ~NA,•l :.. :•/XJ7Gh`!T > •~Yx-.v+J.. li,s \if'~ ,. a . : ~iJ r4] ,~,, , .: :• • - •~: ~~~- N 4 ~( .. .a .. • . L • ~. ~ .. :iot'r.' `:~,. ,. il;>... ...-!~ ~ ~ ~>i .ter:. - : $ .~ _. .: ; .y , ~:' ~Si ~:~~nwk~F. i ., FLu:' ~. 7.X x .4b?'~;~tu; - j ~;d . .~ro~ ; . .. - , . ~,, r~.,•~ • • cmr cap ~~u~i ~kricr~ PRE-•E~.FQ SU~iN(l:tT"1~1,. G.()NF~RFN~lr Cl$T£; r'Uy 2,1A36 ~'~ ht7: RFY ka. Xb-A5106 '1'i)'1Y; EMERGENCY DISASl'EI21aEBRIS MOlrTfQRIIFl6 5ER'VICE5 FOR TF>iE +CITY OF MfAMI BEACf~ .. MAt~ iPtFABE V7CjH1'j CY?hSFpfiY • RLS037.ES.S {at£Jt6~ PRIfl7'1 PHaT~k I'AX.b' ... ~~` :'r{-w~1.7. ,, ii~t2}I~ ......-...... ... y /• 711,. t >. a 2 > .fi ~''. ~yn. /~.*( 'i~ .. ...._ ............ ff .a, toc f b i -~ ~?'v • r ' a :e n. i -,, ` d. rv a,~. +uw rY ~i: , ;c„~¢E 36e LFI 42 / X•xY~ y' r.'.;..3 ~'::;%'^ ............ • ~ r~~"~~,t-NL'.'a'v,air +l-c: i~r: ~riZ'~~~ ~9f'..=~1 1 . i:?1w•:a:~iL i.ia.. 3i-.:c~+i.~3 ::L"~R>.. ..,t:>r:~1 C. La..~i`i;•C":.:a'ia ~G ~C-;. :~C •~; "~'__~j~. _-__- +/~::wdC~h ,'z~'J~''>ca'e:>jdY;;;`YS'!•d., ....... •~~R.p;.?!. ~~•« ~i(X>, ..,,..,. ...._ .................. ........i..........._............NE........................~ Sri .: .. Jhia~D'jw• (] :v 4C j:.. ~'f l ~, r)4: ~: •~:r rF: k " ~ .~ s . : ~ ' ~ i c1u a. E ' ~. . ,... > m MIAMIBEACH City of Miami Beach, 1700 Convention CenFer Drive; Miomi Bench, f-larida 33134, www.miamibearhfl.gov PRQCLREMENT Division Tel: 305-673-7490, Fax: 305-673.7851 REQUEST FOR PROPOSALS (RFP) NO. 16-05!06 ADDENDUM NO. 3 April 26, 2006 EMERGENCY DISASTER DEBRlS MONITORING SERVICES FOR THE CITY OF MIAMI BEACH is amended as follows: The location for the Pre-RFP meeting scheduled for May 2, 2006 at 10:00 am, has been moved from the City Manager's Large Conference Room to the Mayor's Conference Room on the 4`" Floor of City Hall, 1700 Convention Center Drive, Miami Beach, FI 33139. Inasmuch as this change does not materially affect the RFP document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:IPURCI$ALL1RomanlR FPIRFPI6-OS-061RFP-16-OS-06A3.doc ~'b= .,•~ co.rm~red n,prov+~~n~ sxceAer:,:oi:•!:~ .... -, one s^iP~•!o cl~ wbo;ivP, yr,_?!i c; ~,-.~,i:,^ ..u v;,~;0-~, . roi, , s.: - -~mmari^~ ?~ MIAMBEACH Cihy of Miami eeaeh, 17t)0 Convention Center Drive; Miami Becuh, Florida 33139, www.miamibearhR.pov FRGC.UREMENT 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. i 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:IPURCI$ALL1RomanlRFP1R FP16-OS-061RFP-16-OS-06A2.doc 1Ne .., .. comm~l.~a,'rn pravdnp excel!er' pe_,.c -.., 'e ~n~ s?re,'y !n o!i •:fi,: iv_, ,yo,~ on~'r~y m -.ur i~~^,orf acei, . s.^~i~ -~-,mm~~r r, •. m MIAMIBEACH GiFy of Miami Beach, 1700 Convention CenMr Drive, Miami Bench, Horid^ 331 39, www.miamibearh8.yov PROCUREMENT 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: 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 part of the proposal. ~'V~ ~._ co.^:Tur-; p, pruv:~rnc exc?jjer,~ p~..~.; _,.. -. one sr,ian~ to c.. why b•,P. ~ana. ~,r~,,oy rr. ,,;.'r vL~.ir~.. prcci, . ;,?rig- _~~-nm.,r,ry 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 (t) 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 (2) Explanation of how the risks will be avoidedlminimized. (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. Please provide- your opinion on what 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. lq'e ore comm,~hpc i.? prOV~~~n~ axcel~~n: ~,~~~.~ .... .` one s-iA~ to a~ w~: ~~~.^r;: r~ r i^ ,,;;r - ,- :) '/%Y_`.Ofi. %!GC•1~C', ..i:(>Ii•' ..~71.'.•i:~f 1.^• Page 3 Addendum No. 1 RFP-16-05/06 April 21, 2006 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 R CI$ALLIRomanlR FP1R FPt 6-OS-061RFP-16-OS-06A-1.doc ~'V= ,,. ,, co.^tmdt?^ rc plCV~:~~n0 °x,_?fIB~ ~?u:i:~ _S,vi,=, O10.,^.fP?~ !C ol.~ ~.vh,? hvP ,,•J.~rr ~„r; rlOy !.^. .ice! yihiOra i!O CC', ...^ri,- ^.T^>U!'i^J 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. 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: 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 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 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 yourfirm'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. f) 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 16-05106 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 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) (Addendum No. 1, Amended Page 9 8 10) May 12, 2006 RFP No: 16-05106 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-06\RFP16-05-06-Emergency Debris Monitoring Services.doc ~J)jll 1 ~//1,l F }/`+~~ (`/''~ RFP No: 16-05106 ! Y IIAf Y it ~f.~a' R'V~ 1oF33 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.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. 16-05!06 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 City of Miami Beach RFP No 16-05!06 2of33 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/public/home1.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 ORDINANCESIRESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://www.miamibeachfl aov/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 OF FEES --ORDINANCE N0.2002-3363. Sincerely, ~~ . Gus Lopez, CPPO Procurement Director May 12, 2006 RFP No: 16-05106 Cily of Miami Beach 3of33 m MIAMBEACH CiFy of Miami Beach, 1700 Conventian Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 TABLE OF CONTENTS Page Il. III. IV. V. VI. VII 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 PROPOSAL FORMAT EVALUATION/SELECTION PROCESS/ CRITERIA FOR EVALUATION LEGAL TERMS AND CONDITIONS /INSURANCE QUALIFICATION DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY -Cost Information - Risk Assessment Plan -Acknowledgment of Addenda -Declaration -Sworn Statement/Section 287.133{3)(a), -Questionnaire Florida Statutes -Public Entity Crimes DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENTS - Performance Evaluation Letter - Performance Evaluation Survey 8 9-10 11-12 13-18 19-30 20 21 22 23 24-25 26-3D 31-33 32 33 May 12, 2006 City of Miami Beach RFP No: 16-05/06 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 ap proval is as follows: RFP Issued Pre-Proposal Submission Meeting April 12, 2006 May 2 2006 Deadline for receipt of questions , May 10 2006 Deadline for receipt of responses /Proposals , May 19 2006 Deadline to submit Performance Evaluation Surveys , May 23 2006 Evaluation committee meetings , June 2006 Commission Approval/ , July, 2006 Authorization of negotiations Contract negotiations July, 2006 Projected contract start date July, 2006 May 12. 2006 Cdy of Miami Beach RFP No' 16-05706 5of33 D. PROPOSALS SUBMISSION An original and ten (10) copies of Consultants' proposal will be received until 3:00 p.m. on May 19'h, 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 e-mail to the contact person listed on the next page, expressing your intent to participate via telephone. 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 e-Mail: romanmartinez@miamibeachfl.gov. May 12. 2006 City of Miami Beach RFP No 16-05/06 6of33 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 e-mail requests are acceptable. Please sent all questions to romanmartinez(a~miamibeachfl gov and copy the City Clerk's office RobertParcher(a~miamibeachfl qov. 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 City of Miami Beach RFP No 16-06/D6 7of33 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 16-05!06 Cary o1 Miami Beach 8 of 33 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) ca{endar 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. 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: 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, 20D6 City of Miami Beach RFP No 16-05/06 9of33 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, 20Dfi RFP No'. 16-05!06 City of Miami Beach 1 D 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 maybe 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 recommendations} 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 Crty of Miami Beach RFP No 16-05!06 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/WITHDRAWALS 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. F. 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 16-05106 City of Miami Beach 13 of 33 G. PROTEST PROCEDURES Consultants that are not selected may protest any recommendation for 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 maybe grounds for removing the consultant from the City's vendor list. 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-OS/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. P. 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 City of Miami Beach RFP No 16-05106 15 0( 33 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 shall 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 fortermination 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, 2006 RFP No'. 16-05106 City of Miami Beach 16 of 33 the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your bid/response 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-DS/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-ownedlhired 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 {nsurance 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 Signature of Vendor May 12, 20D6 City of Miami Beach RFP No: 16-DS/06 18 of 33 SECTION VI -DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY May 12. 2006 City of Miami Beach RFP No. 16-05106 19 of 33 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 Field Inspectors Number 6 Da s 120 Hours 6969 Rate Labor Fee Ex enses 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 Total Expense Grand T May 12, 2006 City of Miami Beach RFP No 16-06/06 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 Na 16-05!06 City of Miami Beach 21 of 33 REQUEST FOR PROPOSALS NO. 16-05106 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 Date (Consultant -Name) (Date) (Signature) May 12, 2006 City of Miami Beach 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.16-05/06 SIGNATURE PRINTED NAME TITLE (IF CORPORATION) May 12, 20D6 RFP No: 16-OS/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 entity] By For [Print individual's name and title] [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)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 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 polo 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 City of Miami Beach RFP No 16-05/06 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 Personally known OR Produced identification Notary Public -State of (Type of Identification) My commission expires (Printed typed or stamped Commissioned name of Notary Public) 2006 May 12, 2006 RFP No 16-05/06 Cfty 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 City of Miami Beach RFP No 16-05/06 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 1. 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 () N o ( ) 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 Crty 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: 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: 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 RFP No' 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. May 12, 2006 City of Miami Beach RFP No 16-05106 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 IF INDIVIDUAL: Signature Print Name IF PARTNERSHIP: Print Name of Firm Print Name Address ey: General Partner Print Name WITNESS: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: (CORPORATE SEAL) President Attest: May 12. 20D6 Cify of Miami Beach RFP No: 16-05106 30 of 33 May 12. 2006 City of Miami Beach RFP No 16-05/06 31 of 33 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, 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 e mall romanmartine~nmfar„ii,Aa~i,ff ..,,,, Thank you for your time and effort. Gus Lopez, CPPO Procurement Director May 12, 2006 City of Miami Beach RFP No: 16-OS/06 32 of 33 m MIAMIBEACH City of Miami Beach, 1700 Convention Cenfer Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 Consultant Name: Point of Contact: Phone and PERFORMANCE EVALUATION SURVEY 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) (1-10) 2 Ability to maintain project schedule (complete on-time or early) (1 _ 10) 3 Accuracy and Quality of reports and surveys (]-]0) 4 Professionalism and ability to manage (includes responses and rom t a meats to su Tiers and subConsultants (1-10) 5 Performance in conducting final inspections, monitoring TDMS restoration and the deliverin of closeout re orts (1- ] 0) 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 (l -10) 8 Overall customer satisfaction and hiring again based on performance (comfort level in hiring Consultant again) (1-10) Ovef•all Comments: Agency or Contact Reference Business Contact Name: Contact Phone and e-mail: Date of Services: Dollar Amount for Services: PLEASE FAX THIS QUESTIONNAIRE TO ROMAN MARTINEZ AT 305.673.7851 May i z, Zoos City of Miami Beach RFP No'. 16-05106 33 of 33 RFP RESPONSE IN RESPONSE TO: CITY OF MIAMI BEACH RFP NUMBER: 16-05/06 EMERGENCY DISASTER MONITORING SERVICES FOR THE CITY OF MIAMI BEACH PRIME CONTRACTOR: CRB GEOLOGICAL & ENVIRONMENTAL SERVICES, INC. SUBCONTRACTORS: SPECIAL DISASTER SERVICES INC. CRB CORPORATE OFFICE 4573 PONCE DE LEON BOULEVARD CORAL GABLES, FL 33146 PHONE: (305) 447-9777 FAX: (305) 567-2853 CRB NEW ENGLAND OFFICE 747 MAIN STREET, SUITE 121 CONCORD, MA 01742 PHONE: (978) 371-1170 FAX: (978) 371-2063 CRB SOUTH CAROLINA OFFICE 2223 EAST LEE ROAD TAYLORS, SC 29687 PHONE: (864) 283-2000 FAX: {864) 283-2001 JUNE 9, 2006 TABLE OF CONTENTS 1.0 INTRODUCTION ....................................1 2.0 COST INFORMATION .................. 2.1 CRB LABOR RATES; MIAMI•BEACH•COST.SUMMARY F....... ~~~ ~~ ~~~~~~ ~~~~ ~~~~3 DEBRIS MONITORING OR DISASTER ...................................................................................................4 3.0 CLIENT SURVEY ...................................................................................................................5 4.0 PAST PERFORMANCE INFORMATION ..................... 4.1 HURRICANE WILMA B .....................................................6 UILDING DAMAGE EVALUATION, AIR MONITORING, MOLD REMOVAL AND DISPOSAL AT FIVE (5) COMMERCIAL/OFFICE SPACES IN MIAMI ................................................ 4.2 HURRICANE WILMA BUILDING DAMAGE EVALUATION, REMOVAL 6 AND DISPOSAL AT COMMERCIAL BANK IN MIAMI ......................... 4.3 CONSTRUCTION DEBRIS LANDFILL MONITORING, EVALUATION, 7 REMOVAL AND DISPOSAL ........................ _ ................................................... . . 4.4 GROUNDWATER MONITORING; UST, HYDRAULIC LIFTS, SUMP AND SOIL REMOVAL AND DISPOSAL AT COMMERCIAL DEVELOPMENT SITE ........................................ ......................................... ................9 ................................... NVIRONMENTAL RESTORATION OF SOIL AND GROUNDWATER, LOfVG-TERM GROUNDWATER MONITORING AT INDUSTRIAL SITE ...............10 4.6 ENVIRONMENTAL RESTORATION OF ABANDONED 5-STORY BUILDING TO COMMERCIAL/OFFICE SPACE IN DOWNTOWN BOSTON ........11 4.7 HURRICANE ANDREW DAMAGE ENVIRONMENTAL SITE ASSESSMENT .................................................... .............................................................12 5.0 METHODOLOGY AND APPROACH ...............................................................................13 5.1 PROJECT MANAGEMENT .............................. ...................................................... ....... .1.1 Schedule Control ..................... ............................................................... 5.1.2 Cost Control """""' ......................................... .............................................................13 5.1.3 Corrective Action Procedures ................................. ..........................................14 5.1.4 Project Tracking and Data Management .................. ........................................ 15 5.2 PRESTORM EVENTS ......................... ' ........................................... ................................. POST-STORM DEBRIS QUANTIFICATIONS ................................................... 5.4 FILLING MONITOR CONSULTANT POSITIONS ............................... 17 .......................18 5.5 TRUCK HAUL VALIDATIONS AND TICKETS ............................................... 5.6 DEBRIS REDUCTION AND DISPOSAL .............................. 19 ........................................21 5.7 DOCUMENTATION AND RECOVERY PROCESS .................................... 5.8 KNOWLEDGE AND EXPERIENCE WITH STATE AND LOCAL 21 EMERGENCY AGENCIES ...................................... .....................................................23 5.9 TECHNICAL ASSISTANCE, EXPERTISE, GUIDANCE AND PARTICIPATION ................................. ~ ..............23 ........................................................... S. l OFEMA PROGRAM ASSISTANCE -COORDINATION ..............................................24 5.11 DOCUMENTATION MANAGEMENT AND SUPPORT .............................................24 6.0 QUALIFICATIONS OF CONSULTANT TEAM ...................................... ....26 .................... .1 PROJECT ORGANIZATION ................... .. . ....................................................................26 6.2 SUPPORT STAFF AND SUBCONTRACTOR EXPERIENCE .....................................31 ii 6.3 RECENT SUPPORT STAFF AND SUBCONTRACTOR EXPERIENCE ....................31 6.4 DISASTER PROJECT EXPERIENCE ......................... ...................31 ................................ 6.4.1 Special Disaster Services (SDS) .......................................... .............31 ................ 6.4.2 Gabrielle Benigni-CRB Support Staff ..............................................................32 6.5 CRB RESUMES ............................................................... ..........3~ ...................................... 7.0 RISK ASSESSMENT PLAN ................................................................................................67 DOCUMENTS TO BE SUBMITTED (PAGES 19-30 OF RFP) .............................................69 7.1 REQUEST FOR PROPOSALS NO. 16-05/06; MIAMI BEACH COST SUMMARY FOR DISASTER DEBRIS MONITORING ...............................................70 7.2 REQUEST FOR PROPOSALS NO. 16-05/06; RISK-ASSESSMENT PLAN (RAP) (ALSO INCLUDED SEPARATELY AS SECTION 7.0) ....................................72 7.3 REQUEST FOR PROPOSALS NO. 16-05/06; ACKNOWLEDGEMENT OF ............ ADDENDA ..........................................................................................................75 7.4 REQUEST FOR PROPOSALS NO. 16-05/06; DECLARATION ..................................77 7.5 REQUEST FOR PROPOSALS NO. 16-05/06; SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES ...................................................... ............... ....;. ............................................... 79 7.6 REQUEST FOR PROPOSALS NO. 16-05/06• QUESTIONNAIRE ..............................82 Figures Figure 1 -Organizational Chart iii 1.0 INTRODUCTION CRB Geological & Environmental Services, Inc. (CRB) is a woman- owned small business (WOSB) that has provided quality environmental monitoring and project services to clients across the country since 1993 from our three (3) office locations in Miami FL, Concord MA and Greenville SC. CRB is pleased to submit this proposal to perform disaster debris monitoring services and the associated data management required during an emergency for the City of Miami Beach. Our project organizational structure encourages sharing of resources and capabilities and promotes teamwork among our disaster recovery support staff and team, which is critical for monitoring of debris removal, reduction and/or disposal. This includes maintaining documentation required for FEMA public assistance funding under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206. The key to our success is our unwavering insistence on client service and quality control for data gathering and monitoring during extreme environmental conditions while maintaining technical excellence. This company ethic is instilled in all employees at CRB by management, which consists of licensed professionals with advanced science degrees, extensive and varied work experience who are involved in the day-to-day technical operation of the firm. Our position of advocacy for our clients in projects involving funding or enforcement at all levels of government is exemplary in the industry. CRB has the capability to mobilize for Storm Categories 1-5, implanting efficient emergency procedures for damage assessment staff, equipment mobilization and field administrative services necessary to ensure FEMA compliance and reimbursement for FEMA Categories A-G. CRB can tackle any emergency task related to disaster related services, environmental soil and groundwater investigation, remediation, underground and aboveground storage tanks, hazardous waste management, transportation and disposal, innovative engineering solutions, asbestos management and abatement and indoor and/or outdoor air quality. Repeat clients are the backbone of our business. We pride ourselves in our ability to partner with our clients to overcome emergencies and environmental hurdles. Over and over, our clients have continued to look to CRB to provide critical support when environmental issues arise. As a testimony to our abilities, Mr. Toby Brigham, Managing Partner of Brigham and Moore LLC, one of the oldest and largest eminent domain firms in the State of Florida that has relied on CRB for support on numerous priority sites recently provided the following comment on CRB's performance: "Brigham Moore regularly relies on CRB' experience and expertise in environmental forensics for numerous litigation matters. We have performed over a hundred different projects together, many involving Ittigatlon, and al~~ays have been provided with an excellent work product on time and within a reasonable budget with superiol• strategic advice which does not compromise environmental protection but includes realistic and practical analyses on how to solve problems. " Incorporated in 1993, CRB provides a wide range of environmental services. We are a WOSB, headquartered in Miami Florida. CRB is registered in the State of Florida as an engineering firm and as a geological firm. CRB Headquarters, Miami, FL Our company is co-owned by Ms. Annette Casuso Baddour, Treasurer, who is responsible for the day-to-day business operation of the company, Mr. Frederick R. Baddour, MS, President, who is responsible for overall business growth, client development in addition to managing several key client accounts and Dr. Victor Rossinsky, PhD, Vice-President, who provides technical direction on all projects and also manages various long-term client accounts. Dr. Rossinsky will serve as the program manager for this contract. Ms. Garbrielle Benigni, a support team member, will serve as the Debris Management Planning, FEMA Program Assistance and Monitor Coordinator. Ms. Benigni has extensive experience in disaster recovery operations, management and agency interfacing. This proposal reflects the depth of experience the CRB Team has with disaster recovery services, including emergency road clearance, debris removal, managing temporary debris storage/reduction sites, maintaining documentation for FEMA submittals and performing monitoring at all levels of disaster recovery operations. CRB's project team provides necessary personnel and systems resources necessary to effectively and efficiently respond to any level of disaster for which the City of Miami Beach may require assistance. CRB will provide representation as required with the FEMA representatives, and will provide the expertise to assist the City of Miami Beach regarding FEMA program procedures, eligibility items, documentation, and funding/reimbursement. CRB will supply its staff temporary offices, or a mobile command center, and necessary support accommodations for the successful administration of the project. CRB and Support Team Member, Special Disaster Services, Inc. (SDS) have completed many similar projects throughout Florida. Our successful track record for Disaster Services proves we maintain many resources of staff to plan and communicate before a disaster, and a strong financial foundation to mobilize the necessary staff after the disaster to assist the City of Miami Beach to regain its daily community functions. 2 2.0 COST INFORMATION REQUEST FOR PROPOSALS NO. 16-Q5106 Miami Beach Cost Summary for Disaster Debris Monitoring CRB Geological and Environmental Services Inc. Directions : Respondent must provide this cost evaluation form upon submittal of proposal Personnel Number Days Hours Rate Labor Fee Expenses Field Inspectors 6 120 6969 $ 45.00 $ 313,605 $ 4,200 Project Manager 1 120 121 $ 120.00 $ 14,520 $ 4,200 Tower Monitor 1 22 774 $ 45.00 $ 34,830 $ 770 Data Entry 4 120 1440 $ 35.00 $ 50,400 $ - Field Coordinator 1 90 324 $ 85.00 $ 27,540 $ 3,150 DROMS Analyst 1 40 $ 120.00 $ 4,800 $ - Totals $ 445,695 $ 12,320 Total Labor Fee: $ 445,695 Total Expense Fee: $ 12,320 Grand Total: $ 458,015 May 12, 2006 RFP No. 16-05/06 City of Miami Beach 20 of 33 3.0 CI.,IENT SURVEY The following represents CRB clients that have been solicited to provide a Performance Evaluation Survey in response to the RFP requirement: 1. Mr. Mark Smith, AMB Property, L.P., 2. Mr. Rene Fernandez, Ocean Bank, 3. Ms. Janet Frentzel, AMB/Codina Beacon Lakes, LLC, 4. Mr. John Butler, Florida Power and Light, 5. Mr. Edward Nardi, Cresset Development, 6. Mr. Donald Mitchell, Rio Vista Realty, LLC 5 4.0 PAST PERFORMANCE INFORMATION The following provides a brief description of some of CRB's past projects: 4.1 HURRICANE WILMA BUILDING DAMAGE EVALUATION, AIR MONITORING, MOLD REMOVAL AND DISPOSAL AT FIVE (5) COMMERCIAL/OFFICE SPACES IN MIAMI LOCATION: Miami, FL CLIENT: Mr. Mark Smith, AMB Property, L.P. DURATION: November 2005 -January 2006 COST: $28,000 PROJECT SCOPE: CRB was responsible for evaluating the damage caused by Hurricane Wilma at five (5) commercial warehouse/office space buildings in the downtown area of Miami. This Project resulted in obtaining hurricane damage estimates for insurance coverage, and removal & restoration of the damages. CRB's scope included: Site Inspection, Assessment of Damage, Air Monitoring, Mold Survey, Cost Estimate of Damages, Removal of Debris, Debris Tracking, and Monitoring and Debris Disposal. PROJECT DESCRIPTION: CRB inspectors initially performed a site assessment of building damages at five (5) commercial warehouse/office space buildings owned by MAG Properties. Following an assessment of the damages, CRB provided estimates for removal and disposal of the majority of the water-impacted materials within each building. CRB performed inspections for mold and collected samples for mold testing from within each building. These materials included carpeting, ceiling tiles, roofing materials, drywall, wall moldings and furniture. CRB was responsible for monitoring and tracking the demolition, loading and disposal of all moisture-impacted debris was removed from each building to ensure that accurate disposal costs were provided. In addition to the removal of the damaged building materials, CRB installed dehumidifiers in each office area to dry the remaining materials. Based on visual observations and the use of a moisture monitoring meter, CRB continued to operate the dehumidifiers until moisture levels within each building were within acceptable levels. 4.2 HURRICANE WILMA BUILDING DAMAGE EVALUATION, REMOVAL AND DISPOSAL AT COMMERCIAL BANK IN MIAMI LOCATION: Miami, FL CLIENT: Mr. Rene Fernandez, Ocean Bank DURATION: November 2005 -January 2006 COST: $3,200 PROJECT SCOPE: CRB was responsible for evaluating the damage caused by Hurricane Wilma at a commercial bank building in the downtown area of Miami. This Project resulted in removal and restoration of the damages. CRB's scope included: Site Inspection, Assessment of Damage, Mold Survey, and Interim Action for Mold Abatement. PROJECT DESCRIPTION: CRB inspectors initially performed a site assessment of building damages at a commercial bank building owned by Ocean Bank. Following an assessment of mold damages, CRB provided estimates for an interim action to control mold present as a result of water-impacted materials within the building. CRB performed inspections for mold and collected samples for mold testing. These materials included carpeting, ceiling tiles, roofing materials, drywall, wall moldings and furniture. CRB was responsible for and removed wall paper in the two (2) areas where mold was observed. The walls were then wiped down with Foster 40-80 anti-microbial disinfectant and then sealed with Foster 40-80 anti-microbial sealant. During the assessment and action, CRB installed dehumidifiers in the office area to dry the remaining materials. CRB continued to operate the dehumidifiers until moisture levels within each building were within acceptable levels, based on visual observations and the use of a moisture monitoring meter. In addition to the clean-up activities, an inspection of the entire office was performed. Following the inspection, no additional moisture-impacted areas were noted with the exception of a small amount of drywall in the rear file storage room and additional impacted areas behind the wall paper in the east area that was cleaned and sealed as described above. CRB recommended the removal of approximately 300 square feet of drywall. CRB recommended that the removal of the drywall be completed by a company with experience in removing moisture impacted materials in accordance with the New York City Guidelines on Assessment and Remediation of Fungi in Indoor Environments. 7 4.3 CONSTRUCTION DEBRIS LANDFILL MONITORING, EVALUATION, REMOVAL AND DISPOSAL LOCATION: Miami. FL CLIENT: Ms. Janet Frentzel, AMB/Coding Beacon Lakes, LLC DURATION: September 2003 -March 2006 COST: $ 115,000 PROJECT SCOPE: CRB provided on-site geotechnical and environmental monitoring and project management support during a two (2) year, $2.SMM site restoration and development project at an unpermitted overflow landfill located adjacent to a permitted Construction and Debris (C&D) landfill in North Miami. CRB acted as the owner's on-site representative and was responsible for oversight of contractor operations. CRB's scope included: evaluation of approximately 400,000 cubic yards of landfilled materials, visual inspection and separation of excavated landfilled materials, oversight and sampling of materials that were segregated on-site and monitoring of the truck loading and solid waste disposal operations. CRB also performed extensive sediment sampling of the adjacent canals, provided a statistical evaluation of all sediment data, developed a sediment management plan, provided oversight during sediment excavation and interfaced with DERM during negotiations. CRB also prepared a significant portion of the technical basis for a Brownfields cost reimbursement proposal to defer a portion of the development costs. PROJECT DESCRIPTION: CRB evaluated the quantity and quality of construction debris located in an overflow area adjacent to a former landfill in North Miami. This project involved performing extensive test pitting in areas of the overflow area to assess the type of materials that were landfilled. CRB provided oversight during the excavation of approximately 400,000 cubic yards of landfilled materials. Excavated materials were consolidated and segregated, on-site, into various debris piles depending on the type of materials encountered. Following sampling of the various piles, conducted by CRB, materials considered to be clean fill, such as concrete, were then transported off-site to a recycling operation, crushed, and recycled as clean fill. Other materials were recycled as scrap metal. Materials considered to be solid waste that could not be recycled were transported to an off-site landfill for disposal. CRB provided oversight during truck loading operations, documented the materials that were loaded for off-site disposal and the number of trucks that were loaded. CRB performed extensive sediment sampling of the adjacent canals to determine the extent of impacts from the unpermitted landfilling operations. CRB performed a statistical analysis of the data to determine that identified that arsenic was above background and sediment quality standards and therefore posed a possible ecological threat. CRB prepared a Sediment Management Plan that involved sediment excavation in areas where arsenic concentrations exceeded allowable levels. Excavated sediment was managed temporarily on-site in isolation cells prior to off-site disposal. CRB provided technical support during the preparation of a cost reimbursable package since the site was identified as a Brownfield site. CRB provided a breakdown of costs associated with the handling and disposal of contaminated soils and solid waste materials. 8 4.4 GROUNDWATER MONITORING; UST, HYDRAULIC LIFTS, SUMP AND SOIL REMOVAL AND DISPOSAL AT COMMERCIAL DEVELOPMENT SITE LOCATION: Dodge Open Point, Fort Lauderdale, FL CLIENT: Mr. Donald Mitchell, Rio Vista Realty, LLC DURATION: August 2004 -November 2004 COST: $250,000 PROJECT SCOPE: This project highlights CRB's ability to evaluate a limited amount of data, identify the source of the problem and respond by implementing acost-effective solution. CRB's initial scope involved an environmental site evaluation involving groundwater monitoring of a site being developed into a commercial/retail shopping mall. As part of this evaluation, CRB installed and sampled several shallow and deep monitoring wells to confirm the presence of a petroleum groundwater plume. As a result of the data collected during this initial site evaluation, CRB recommended and implemented an extensive source removal program that included the removal of several underground hydraulic lifts, a sump and an underground storage tank (UST), previously unknown. In addition, CRB supervised the removal and off-site disposal of approximately 2,000 cubic yards of oil contaminated soil. CRB acted as the owner's on-site representative and was responsible for oversight of contractor operations. CRB's scope included: installation and sampling of groundwater monitoring wells, report preparation, regulatory interface, source removal of lifts, sumps and an UST, approximately 2,000 cubic yards of oil-contaminated soil, visual inspection and sampling of all excavated materials, oversight and monitoring of the truck loading and soil disposal operations. PROJECT DESCRIPTION: CRB confirmed the presence of a groundwater plume during apre-development site investigation by the installation of several shallow and deep monitoring wells. CRB then proposed and subsequently implemented an extensive source excavation and removal program. During source removal activities an improperly abandoned UST, several hydraulic lifts and a sump were discovered. Each lift was removed and oil from each lift was drained and disposed. Oily water within the sump and the UST was vacuumed out by a licensed wastewater hauler and disposed. The empty UST was then removed from the excavation and disposed. The UST was identified as the source of groundwater contamination. CRB then completed an extensive soil source removal program that included excavation and off-site disposal of 2,000 cubic yards of petroleum contaminated soil. Groundwater within the source area was also removed as part of the excavation. As a result of this effort, petroleum contamination in groundwater was substantially reduced to allow the proposed shopping mall development to proceed. 9 4.5 ENVIRONMENTAL RESTORATION OF SOIL AND GROUNDWATER, LONG- TERM GROUNDWATER MONITORING AT INDUSTRIAL SITE LOCATION: B/E Aerospace Interiors, 10800 Pflumm Road, Lenexa KS CLIENT: B/E Aerospace Inc. 1400 Corporate Center Way, Wellington FL DURATION: 1995 to Present COST: $1.25 MM PROJECT SCOPE: CRB was responsible for management of all environmental activities at an industrial site in Kansas. CRB's scope included: complete site investigation, excavation and disposal of contaminated soil and design and operation of the groundwater recovery and treatment system. CRB has been providing all documentation in accordance with the State of Kansas regulations and has provided regulatory interface. PROJECT DESCRIPTION: Since 1995 CRB has provided on-going environmental engineering support services for B/E at their KS facility. As part of the site-wide investigation, CRB installed over 30 bedrock and overburden monitoring wells, collected numerous soil, groundwater and surface water samples, performed a soil gas survey, an aquifer pumping test and conducted asite-wide geophysical surveys. CRB prepared several site investigation reports and currently performs quarterly groundwater monitoring. All work has been approved by the Kansas Department of Health and Environment (KDHE). CRB prepared the Remedial Action Plan (RAP) and the detailed design documents. CRB supervised the fabrication and installation of the groundwater treatment system. Groundwater is recovered from 8 vacuum enhanced recovery wells at 1 to 2 gpm, stored in a 1000-gallon tank, batch-treated twice a day and discharged, under permit, to the sanitary sewer. Remediation activities performed include: • Preparation of design documents for treatment system, including remote monitoring. • Procurement of all equipment. System was tested and shipped to KS. • System start-up of the groundwater treatment system. • Installed piping, air lines and vacuum lines to the recovery wells. • Perform operation and maintenance of treatment system, including quarterly site-wide groundwater monitoring to ensure satisfactory system operation. CRB is currently performing in-situ biological treatment to reduce on-site concentrations of chlorinated through the addition of organic substrate and bioaugmentation involving the injection of specialized bacterium, dehalococcoides ethenegenes, which is successfully degrading contamination to non-toxic by-products. CRB has provided on-going litigation support to B/E from a suit filed by an adjacent property owner who claimed that groundwater contamination from the B/E facility had impacted the value of the adjacent property. CRB provide supporting evidence against the claim. The ruling judge found that the suit vti~as baseless during a summary judgment hearing. 10 4.6 ENVIRONMENTAL RESTORATION OF ABANDONED 5-STORY BUILDING TO COMMERCIAL/OFFICE SPACE IN DOWNTOWN BOSTON LOCATION: 343 Congress St., Boston, MA CLIENT: Mr. Edward Nardi, Cresset Development DURATION: 1997 to 2003 COST: $0.635 MM PROJECT SCOPE: CRB was integral member of a successful development team. CRB was responsible for management of all environmental activities during Brownfield redevelopment of abandoned building in Boston waterfront area. This Project resulted in the restoration of abandoned5-story building to a thriving commercial office building. CRB's scope included: LSP Services, submittal of all MCP deliverables (IRA Completion Report, Phase II CSA, RAM Plan, RAM Status Report, AUL and the Class A-3 RAO), installation often (10) monitoring wells and soil borings, performed soil, groundwater, soil gas and indoor air sampling, location of formerly unknown UST, removal of UST, excavation and disposal of petroleum contaminated soil, treatment of groundwater with ORC and recovery and disposal of LNAPL. PROJECT DESCRIPTION: The 33,000 ft2 property was formerly occupied by owned by Verizon (Bell Atlantic-NYNEX). The site was abandoned releases from UST had impacted soil and groundwater, which was a factor limiting reuse of the building. CRB identified the location of a formerly unknown UST and removed the tank and contaminated soil associated with the tank. Over 22,000 gallons of LNAPL and groundwater removed and treated off-site under waste manifest and Bill of Lading. Approximately 160 tons of contaminated soil was removed and recycled as asphalt or thermally treated. An asbestos survey was conducted on the underground steam piping .Prior to implementation of the RAM, CRB completed a comprehensive soil and groundwater investigation, prepared a Method 1 risk characterization and documented the results in a Phase II CSA report. The investigation included 33 groundwater wells and over 65 soil boring and test pit samples. The results of the risk characterization were used as the basis to select the appropriate remedial action and to select the appropriate Response Action. ARAM Plan was prepared utilizing soil excavation, LNAPL recovery with skimmers and groundwater recovery with off-site treatment. The groundwater was also treated with ORC. CRB prepared design specification for the soil excavation and the groundwater recovery and treatment process. Groundwater was extracted from the excavation areas using vacuum pump and trucked to an off-site treatment facility. Following completion of the soil and waste removal and the groundwater treatment system, CRB prepared the Class A-3 RAO and the AUL for the site documenting the remedial action. 4.7 HURRICANE ANDREW DAMAGE ENVIRONMENTAL SITE ASSESSMENT LOCATION: Homestead Air Force Base, Homestead, Florida CLIENT: United States Department of Labor DURATION: 3 weeks; September 1992 COST: $10,000 PROJECT SCOPE: Hurricane Damage Assessment for New Job Corps Center PROJECT DESCRIPTION: Following Hurricane Andrew, CRB inspectors performed an environmental damage assessment in accordance with the National Environmental Policy Act (NEPA) at the Homestead Air Force Base. The site was heavily damaged as a result of Hurricane Andrew, which devastated most of the Homestead area on August 24, 1992. Anew Job Corps Center was proposed for the former recreational area of the Base. This area of the Base encompassed approximately fifty (50) acres and included twelve (12) former buildings. The scope of the hurricane damage assessment included: an evaluation of historical environmental concerns, an evaluation of current building conditions, including a site inspection, regulatory file review, and identification of any existing environmental concerns. CRB inspectors performed an asbestos survey of all building debris. CRB provided an evaluation of the quantity of building debris for the presence of hazardous materials and provided a quantity estimate of the amount of debris that would require disposal. The impact for the reuse of this portion of the Base as a Job Corps Center was evaluated, and a Finding of No Significant Impact (FONSI) Statement was prepared and published in the Federal Register (Vol. 60, No. 7, January 11, 1995, pgs. 2788-2790). 12 5.0 METHODOLOGI' AND APPROACH The CRB Team is ideally suited to help the City Of Miami Beach meet and exceed all the requirements of this solicitation. CRB, the prime contractor, is headquartered in Miami Florida and will serve as the program management office. Since our inception in 1993, CRB has performed numerous environmental projects involving hurricane damage assessment and debris and soil removal in Florida. Our proposed Program Manager, Mr. Frederick R. Baddour, has extensive experience in the field of managing disaster relief projects. CRB' Project Team brings to the City a wealth of understanding and experience in disaster and recovery projects. 5.1 PROTECT MANAGEMENT CRB has extensive experience in managing projects and working with subcontractors. We recognize the cost impacts that each project activity has on cost and schedule and have established procedures and dedicated cost accounting and procurement personnel who work to ensure that each project is accurately assessed during the performance of a project. We require that our subcontractors adhere to the same requirements which guide CRB' operations. These include protocols for health and safety, quality assurance, cost and schedule control, fiscal responsibility, and an overall philosophy which emphasizes customer satisfaction. 5.1.1 Schedule Control Our protocols for performing projects require that we establish scope, schedule and budget at the beginning of each project that we perform. The project schedule is created using established milestones linked to project deliverables. Our project managers then track the progress of each deliverable as a percentage, or percent complete. As the project progresses, the actual project percent complete is tracked against the anticipated percent complete, established during the initial planning portion of the project. Deviations from the anticipated percent complete versus the actual percent complete allows a project manager to determine if the project is on schedule and would allow corrective action to be undertaken, if necessary. 5.1.2 Cost Control At CR.B cost control is a key facet of our success. We pride ourselves in our ability to complete projects within or below project budgets. We have a long history of satisfied clients that have come to rely on our abilities to complete projects within an established budget. We are able to accomplish this by our established, computer-based, cost control system. The system is managed at our Miami headquarters and is able to provide accurate, up-to-date project cost information that is the backbone of our project management system. All labor, other direct costs and subcontractor costs are input into the system via labor timesheets, expense reports and subcontractor invoices. This information is then available to the project manager, our cost control administration staff and our corporate offices as project reports that guide the project manager in assessing the financial status of the project. These reports provide the project manager with the necessary information to identify cost variances and implement corrective actions. 13 Controlling costs begins with the initiation of each project at CRB. At the beginning of each project, the CRB project manager provides each member of the CRB project team with an agreed upon number of hours that each task is expected to be completed for. Weekly or even daily project meetings provide each project manager with the required feedback to anticipate whether or not the expected labor expenditures will meet the project requirements. CRB requires that all subcontractors meet stated project performance requirements, minimum standards for professional liability and commercial general liability insurance, as well as all federal, state, or local licensing requirements as necessary for the project. Control of our subcontractors is maintained by the use of the CRB Purchase Order System. Our managers, using established CRB procedures, will control our subcontractor through our in-place purchase order system. This existing system is essential to control the work being performed by our subcontractor. For each project, the CRB manager will prepare a defined scope of work for our subcontractor to perform based upon a client-approved task order. For this work, CRB will obtain a subcontractor cost. Upon approval from a CRB principal and the City of Miami Beach, the CRB procurement staff will issue aNot-To-Exceed, without prior written authorization, purchase order to the subcontractor for a fixed amount. These purchase orders are typically issued as unit-price orders, not lump sum orders, since aunit-price type of order will only involve payment for the amount of work performed, therefore, our clients can realize significant cost savings if less unit items are required to complete a task. As aNot-To-Exceed purchase order, our subcontractor understand that the maximum amount to be paid is fixed, therefore they are required to track their expenditures. We establish cost milestones, typically at 80% of the purchase order amount, where we will require an assessment of the costs incurred and will prepare an "estimate to complete" to determine if the project is going to be completed on-budget. We make it clear to all our subcontractors, via the purchase order, that payment will not be made over the purchase order amount if the subcontractor invoices exceeds the purchase order amount without obtaining prior written authorization. However, we recognize that changing conditions are possible and, if necessary, a change order to the existing purchase order amount can be issued with the written approval of CRB and the City of Miami Beach. 5.1.3 Corrective Action Procedures The key to successful project management is the anticipation of schedule or cost variances as soon as possible and implementation of effective corrective action. By identifying the variance quickly, our project managers can provide effective cost and schedule control since they are trained to analyze project reports and implement the most effective corrective action procedures. CRB cost control staff and CRB corporate management are typically involved with the project manager to analyze the conditions that have lead to a variance and to provide constructive options for eliminating the anticipated variance After identifying the reasons for the variances corrective actions are implemented. Corrective action measures can be varied. Corrective actions for schedule variances in most instances involve commitment of additional resources to ensure that scheduled deliverables are on-track. Schedule variances due to overcommitted resources can occasionally require that CRB work overtime or weekends to complete a required task on-time. Corrective actions for cost variances may involve assignment of a more experienced staff member to a particular task. Another cost variance corrective action may involve the completion of a work assignment on anon-billable basis. Where the 14 conditions of the site have been significantly different from expected conditions and cost and schedule variances have occurred as a result of conditions beyond the control of CRB, it may be necessary to stop the project, reevaluate the goals and deliverables of the project and obtain change orders from a client before proceeding further. It is CRB' policy to involve the client with decisions related to increasing project scope and cost. We will not spend our client's money without their approval. 5.1.4 Project Tracking and Data Managcment The management of documentation is critical for the efficiency of any project. Documents relevant to projects can include field notes such as well logs and groundwater sampling worksheets, contracts, correspondence, logs of telephone conversations, and reports. CRB maintains an extensive documentation tracking system to allow for the quick retrieval of all information vital to a project. If warranted by the project, CRB can Bates number individual pages and document all references using the appropriate Bates numbers. Advanced computer technologies are utilized to maintain and access all document databases. We maintain a web site, www.crbgeo.net, which allows our clients to retrieve information from our file server system. We also offer an ftp website that allows the transfer of larger files, such as CAD files or database files. Our full-time system administrator limits downtime and provides a source of troubleshooting repairs should operational problems arise. The system administrator also ensures that security controls are maintained to ensure that only authorized persons have access to our project file system. Our existing project file system is located on our file server. The file server includes our data management system that is divided into administrative functions and project functions. Access to administrative functions is limited to select cost control staff member and our corporate management group. Our satellite offices, located in Concord, MA and Greenville, SC have access to our file server, allowing access to project files from our main file server as required. All project files on our server are regularly updated to ensure that our Miami file server has the most updated project files. Our preferred format for data files is Excel, which allows more widespread use and standardized data table formatting. Successful disaster recovery projects require experienced and proactive management to minimize risk, utilize resources efficiently, and demonstrate to the public that the project is proceeding quickly, effectively, and with the local area's best interest in mind. C1ZB's ability to provide cost-effective disaster recovery services is based on experienced personnel, and prior experience in managing cleanups. Our staff of technical personnel provides a diverse blend construction, disaster recovery capabilities, and agency interfacing. CRB's management strategy used for each project include: 1) Project Understanding and Kickoff Meetings, 2) Pre-event and Post- event Project Planning, 3) Communication, 4) Project Quality Control, and 5) Project Cost Control. This process has produced superior results for past projects. 15 1) Project Understanding and Kickoff Meeting: A collective project vision to include the scope of work, tracking of costs, organizational structure and schedule expectations that will serve as a common bond, keeping team players together. 2) Project Planning: Pre-event and Post-event Project planning is based on close interaction between the Applicant, CRB and the City's Contracting Officer. The disaster Recovery Operations Plan details the Pre-event and Post-event Planning with City Staff that CRB will implement for the development of detailed work assignments. CRB will develop interniediate objectives and milestones, and include in the Applicant specific Disaster Recovery Operations Plan, and upgrade Post-Storm Event. CRB will also focus on developing the Temporary Disposal Site Management Plan, Project Safety Plan as required by applicable regulations, developing hazardous material containment areas, and various other logistics required to properly collect, remove, haul, reduce and dispose of the reductions. In addition, final site cleanup and restoration plans will be developed as part of this component. 3) Communications: CRB's Operations Manager and FEMA Program Director will establish avenues of communication with the Contracting Officer at the contract award. Regular communications, starting with the initial project meeting and continuing through City training, information/resource upgrades to Pre-event Planning will ensure that work progress is fully monitored and reported. Documentation of all communications will be in the form of published meeting minutes, monthly progress reports, and/or telephone conversation records. The success of this project will be contingent upon maintaining a continuous line of communication and understanding amongst the project team (including subcontractors) and City representatives. 4) We also recognize the importance of maintaining open communication with other City contractors so that we can be sure our work processes are never in conflict. If a problem arises, we are always willing to do all we can to facilitate the success and timeliness of all parties involved. 5) Manager and Site Superintendents hold the ultimate responsibility for quality control of the work performed by the project team and all subcontractors. Their final review and approval of all work products is the last step in a series of checks and balances that ensures refinement and review of the work as it progresses. As with any project, effective QA/QC starts with identification of project roles upon initiation, which is a key element to our standard QA/QC program. Further, oversight and support will be provided from three levels within the project organization, including CRB's Principal-In-Charge, Operations Manager, and Site Superintendents. 5.2 PRESTQRM EVENTS CRB will appoint a CRB Disaster Services Contract Administrator to meet with the City Representatives. This Emergency Team will meet three times after the contract award, to establish the below chain of command and communications, planning, and training. Additionally the team will meet during the first week of June each year to update 24-hour on-call emergency telephone numbers and Nextel radio numbers. An electronic link will be established with the designated member of the Town's Emergency Operations Center (EOC). 16 At the Planning meetings and within 72 hours of a predicted stornl event, the Emergency Team v~Till specifically address the following: 1. Personnel staffing in the local area available for emergency operations. 2. Pre-assigned City equipment available. 3. LandfilllTransfer Station locations, hours of operation, and availability in the local area. 4. Initial notification/contact of major subcontractors committed to CRB in the local area. 5. If needed, coordinate with City's SWA and review advisories concerning similar information on City disposal sites, points of contacts, etc. 6. Coordinate with the City available land for temporary Debris Staging. 7. Identify streets with limited access- small width, dead end, proximal ditches. 8. Project AdministrationlAccountability- Emergency Clearing {first 72 hr) Daily Inspector logs, Volume Based Crew loading/hauling/disposal logs and Pre- printed Disposal Tickets. 9. Payroll and Equipment Inventory Status updates for FEMA required submittals for reimbursement. 10. The designated location to meet immediate Post- Storm event. CRB staff will be on a 24-hour alert from this point forward. All communications (two-way radios, cell phones, E-mails, fax numbers) and support subcontractor's equipment, supplies, will be verified. CRB will verify, assign and mobilize all resources as needed, to secure staging areas, based on storm movement and agreement with the City officials. 5.3 POST-STORM DEBRIS QUANTIFICATIONS Following the storm our plan will include the following: 1. A damage assessment/estimate: This will include windshield surveys, and manual estimating utilizing the miles of county streets, number of homes that qualify for right--of--entry debris removal operations, and debris type. ]7 2. CRB will also verify with identification of expenditures eligible for reimbursement. These may include: Parks/Recreation, Utilities, BuildingslEquipment, Water Control facilities. This task will not affect debris collection, removal and disposal priorities. 3. When the damage assessment is complete, CRB and the City Representative will meet again to discuss recovery operations, (priority areas, monitors, and support crews) as required. 4. The affected area will be divided into quadrants. CRB will work with the City Representative to conduct debris Estimating and Zone/Grid Assignments within six hours after the event's conclusion. 5. Immediately subsequent to the damage assessment, CRB's disaster response staff, support crews and equipment required. Due to local demographics, limited types of equipment may be necessary to provide adequate removal. 6. During the damage assessment, a temporary Staging and debris reduction area may be deemed necessary. If determined those temporary staging/reduction areas will be located, and assessed to location, size required, and points of ingress and egress. 5.4 FILLING MONITOR CONSULTANT POSITIONS During an emergency, CRB will verify the following personnel to fill the monitoring positions and others for the City: • Monitors will be provided for the following: trained field (debris), stump/tree removal, hangers, leavers, towers, residential drop-off site. Also, supervisory and accounting staff will be provided as required by the City. • One Project Manager will be available to the City and will report to the Public Works Director unless otherwise notified. This person will supervise all field monitoring activities. Also, the Project Manager will attend daily meetings. • Additional trained field supervisors will be available to manage the field monitoring activities. • All Monitors will have vehicles, phones, meals, lodging, safety gear, cameras, GPS devices and other items necessary to work 12 hour days, 7 days a week during an emergency. The duties of the Monitors will include the following: • Complete load tickets, , ~ Certify the capacity of each Contractor Truck used during an emergency. CRB will provide up to 50 trained Field Monitors, as needed. Their work schedule will begin as follows: • 10 Monitors to be available within 3 calendar days of disaster. • 20 Monitors to be available within 7 calendar days of disaster. 18 CRB will provide up to 2 trained Tower Monitors at one time as determined by the City. Each tower will be staffed by 2 Monitors to handle load tickets and verify debris amounts. CRB will provide 2 trained Residential Drop-off Site Monitors at one time as needed by the City. These Monitors will be available within 3 calendar days of the disaster to record the license tag numbers of each residential vehicle that brings debris to Residential Drop-Off sites. CRB will verify all processed Contractor(s) tickets, review all the invoices, and make recommendations as to what percentage of the invoice should be paid. Each ticket must have a truck certification form which corresponds to the truck on the ticket. Recommendation for payment shall be made within 14 calendar days to the City. All data created or received shall be kept in electronic file and provided to the City and/or FEMA when needed. Accordingly, CRB will: • Provide a Phase I Environmental Assessment of the Temporary Debris Disposal Sites within 4 weeks of the request by the City to be invoiced at cost plus 10%. • Assist in assessing the rehabilitation of Temporary Debris Disposal Sites. • Mark and take digital photos of trees/stumps to be removed with a numerical system. • Provide and estimated capacity by survey of each pile of vegetation material at each Residential Drop-off Site within 4 weeks of the request by the City to be invoiced at cost plus 10%. • Invoice the City at cost plus 10% for any other specialty direct costs required. • Attend all meetings pertaining to disaster debris recovery and provide minutes of all meetings within 3 business days after each meeting. • Invoice the City every 2 weeks or monthly. • Determine, along with the City, the number of personnel required to provide services. • Provide other disaster relief services as required by the City. • Provide GIS support as necessary and as required by the City to assist in delineating loading locations of debris. 5.5 TRUCK HAUL VALIDATIONS AND TICKETS The equipment to be utilized for the debris clean-up will be determined during the project planning meetings and will be based on the streets, width, accessibility, and overhead utilities. Truck Measurements and Signage: CRB will use the following procedures to ensure that all trucks used are measured accuratel}~ and fully documented. This inspection will be performed by the City's representative and verified by CRB. Each inspection will be documented and signed by the City. The dimensions will be measured on the inside of the trailer and the volume for the hydraulic ram will be deleted utilizing the standard 2% deduction. The truck specifications will be on file with the City. 19 Signage and vehicle numbers will be prepared and ready prior to deployment. Trucks and heavy equipment should be equipped with two magnetic or adhesive signs that can be affixed to each side of the truck. Hours of Operation: Debris removal operations that generate noise levels exceeding normal traffic flow will take place during daylight hours, 7 days a week. .adjustments to the hours of operation, based on working conditions and scope of work, may command a coordinated change with the approval of the City's designated official. Debris removal activities will be derived from the grid/zone assignments. Areas are based on priority and accessibility. The zones will be equitably established to ensure timely progression throughout the affected area. The crew size and resources will be adjusted or modified as needed during removal phase. Debris Segregation -Initial storm/event debris will be separated when feasible into one of the following categories: 1. Category I or II storms resulting in mostly cosmetic damage rather than structural will require little or no separation of debris. 2. Category III or higher storms will require curb management and debris separation due to the increase in severity of damages. 3. Crews will attempt to segregate materials, where feasible, into constituent piles for collection and disposal. Hazardous materials will be segregated and properly stored for future collection. 4. Mixed debris will be collected as C/D. Debris collection passes will continue up to the point where the remaining debris consists of light litter that can be easily collected using raking and sweeping methods of operation. The City may choose to utilize the Disaster Recovery Load Ticket to record the debris collected from the rights-of- way and transported to the designated TDSR or disposal site. This ticket captures 15 key data points described in the Debris Management Guide (FEMA). The seven-part load ticket allows all recovery participants to accurately maintain documentation of their billable activities during the recovery project. Each week, the load tickets used will be posted to a spreadsheet and/or database with a hard copy and disc provided to the City. The following information from each ticket will be detailed on the report: • Date, • A Preprinted ticket number, • Hauler's name, 20 • Truck number, • Truck capacity in cubic yards, • Load percentage full, as assigned by the City Representative in the tower, • Load amount in billable cubic yards, • Debris classification as burnable, non-burnable, mixed, other, • Point of origin for debris collected and time loaded and • Dumpsite location and time dumped. 5.6 DEBRIS REDUCTION AND DISPOSAL CRB will verify that the City located land, and the selection of the most cost effective debris reduction method. CRB will verify that a sufficient number of TDSRS to accept and process all eligible storm debris are available. This includes maintenance of the TDSRS entry and exit roads for the entire period of debris hauling, including stone for any roads requiring stabilization for ingress and egress. CRB will verify that the disposal of all eligible debris, reduced debris, ash residue and other products of the debris management will be in accordance with all applicable State, Federal, and Local Laws. CRB will document Disposal in accordance with FEMA protocol utilizing the aforementioned Debris Collection/Disposal Ticket, and will coordinate activities as described in the Operational Plan. CRB will verify the location of all leavers, hangers, and stumps for FEMA approval for removal. CRB will verify the removal of the leaners, hangers, and stumps, and coordinate during the debris removal/disposal operations. As required and directed by the City, demolition and removal of condemned structures and buildings that pose a threat to the public safety resulting from the disaster or eliminate or reduce and immediate threat to threat to life, safety and health to the general public be present on private property or publicly owned property. CRB will verify the demolition of structures, the removal and relocation of the debris to the public right-of--way, or to the disposal facility. 5.7 DOCUMENTATION AND RECOVERY PROCESS The CRB Operations Manager and Site Superintendents hold the ultimate responsibility for quality control of the work performed by the project team and all subcontractors. As with any project, effective QA/QC starts with identification of project roles upon initiation, which is a key element to our standard QA/QC program. Further, oversight and support will be provided from three levels within the project organization, including CRB' Principal-In-Charge, Operations Manager, and Site Superintendents. The cornerstone of our approach is the assignment of a strong Operations Manager capable of integrating each sub-discipline required as part of this project. The Operations Manager will have 2l first-line responsibility for performance, as well as continuity of tasks will be maintained by the Operations Manager's oversight of, and participation in, all contract activities. By the close of each business day of the contract, the Operations Manager will submit a report to the Contracting Officer containing the following as minimum information: • Contract Number, • Daily and cumulative hours for each piece of equipment and personnel, • By unit cost or, Daily and Cumulative cubic yards removed. CRB will reconcile all units of work daily thereby eliminating any erroneous or disputed information which may result later in the project, and commits the following: • Maintain documentation of recovery process, • Provide written and oral status reports as requested by the City, • Review documentation for accuracy and quantity, • Assist with claim documentation preparation as detailed in the FEMA Program Assistance Section. In the event during debris removal the eligible debris is deemed cost effective to take directly to a permitted landfill for disposal field, procedures will be implemented to ensure the each loading ticket prepared at the loading area is properly manifested to the landfill for proper confirmation of truck capacity, and disposal information. Once a truck is loaded with debris at the work site, the site monitor will fill out a load ticket- one white original copy and six carbon copies (yellow, pink, purple, blue, green, gold). The load tickets issued by the monitors are the basis for debris contractor payment. White copy. The pickup site monitor will fill in the date, truck number, contractor and departure time and sign the ticket. The pickup site monitor will keep the white copy and gave the other copies to the driver. Yellow copy. The disposal site monitor will fill out the arrival time, estimate the amount of material on the truck in cubic yards and sign the ticket. The disposal site monitor keeps the yellow ticket, and one ticket goes to the disposal facility. Upon return at the loading location the driver will keep on ticket, and return the remaining tickets to the contractor crew leader. At the end of each day, all the tickets for the loading, and disposal will be matched and compared. Remaining copies will be separated and filed for CRB, FEMA, and Extra copy. CRB will maintain the originals for the City. 22 5.8 KNOWLEDGE AND EXPERIENCE WITH STATE AND LOCAL EMERGENCY AGENCIES CRB' project team provides the personnel and systems resources necessary to effectively and efficiently respond to any level of storm for which the City may require assistance. The services outlined below are provided as Technical Assistance for compliance with FEMA' Public Assistance Program, should a Presidential Declaration of Disaster be received by the State of Florida and the City is in need of assistance. The below services are included in the costs of this proposal: • Initial Damage Assessment Survey- including the Project Worksheet (PW), • Assist with identification of expenditures eligible for reimbursement, • FEMA inspections, • Review the PW for accurate scope of work and for accurate unit costs for each category, • Design, Implement, and Maintain the Recovery Process Documentation, • Detail and Track the force labor and contract labor accounts, • Disaster Recovery Process Recommendations, • Documentation Support-includes the training and meetings with City Staff. The following services will be in accordance with the proposed rate sheets: • Documentation Support Review-for FEMA applicability and submittals, • Review documentation for completeness, accuracy, dates, quantities and rates, • Provide guidance with Federal and State reimbursement issues. 5.9 TECHNICAL ASSISTANCE, EXPERTISE, GUIDANCE AND PARTICIPATION CRB will verify technical expertise and guidance to support the City during the disaster recovery effort including but not limited to: • Comprehensive emergency management plan, including plan development, plan review and plan revision, • Damage assessment including, plan development, procedure development, and staff training and staff augmentation. • Critical facilities assessment, including facility inventory and facility assessments. • Comprehensive mitigation program development, including mitigation plan, staff training, cost benefit analysis, project management, GIS mapping, environmental review and staff augmentation. • Develop debris plan and City compatible GIS mapping, including staff training. • Project management to include the formulation and management of permanent work projects, task force management and management services for the City. 23 • Provide technical support and assistance in developing public information. 5.10 FEMA PROGRAM ASSISTANCE -COORDINATION CRB's FEMA Program Director will coordinate and provide all necessary meetings. The Program Director will meet with the City to review, update existing information that may be required for FEMA reimbursement submittals, and detail item-checklists required for the each FEMA category. CRB's Program Assistance will include the following: • Identification of expenditures eligible for reimbursement under FEMA categories A-G. • Coordination with the City for Submission of official request for State Assistance and FEMA inspection. • Local government representation-Train and assist County personnel with submittal forms-for force labor accounts, and equipment inventory data sheets. • Review FEMA Project Worksheet (PW) for accurate scope of work nd accurate unit costs. • Recovery process documentation -Create Plan to process all daily logs, tickets from the field/contractor and perform documentation (data entry) of recovery process. • Perform daily, weekly ticket reconciliation, and final reconciliation of debris removal ticket ledgers and disposal ledgers (TDSR to final disposal), per FEMA requirements and provide with FEMA category A submittals including final inspection reports. • Review project documentation for consistency, compliance, completeness-perform submitting for payment. • Individual project final inspection reports for reimbursement, project closeout. • Recommendations to City representatives for reimbursement tasks. • Assist the City with negotiations with Federal and State, and verify completion of work task items for each FEMA Category A-G for contract closeout. 5.11 DOCUMENTATION MANAGEMENT AND SUPPORT CRB will verify data management and support to the City during the disaster recovery effort including but not be limited to: Assist the City in the preparation of FEMA and State reports for reimbursement, including training of agency/department employees and review of documentation prior to submittal. Work closely with State Emergency Management, FEMA, and other agencies to insure that debris collection, debris disposition, and all supporting data meet each agency's requirements for reimbursement eligibility. Utilize City tracking documentation and/or provide approved collection/disposal tickets, field inspection stations and reports, and other required documentation to support and provide substantiation for FEMA, Federal, State and County reimbursement. 24 • CRB will conduct daily meetings with the City to provide updates on the status of operations, discuss issues/problems, and daily work schedules. CR.B will provide daily reports in a format approved b}~ the City that detail the progress of the debris removal and disposal program. Such reports will include a description of all areas where work was done detailing the street names beginning and ending cross streets and address blocks and county limit lines when applicable where debris removal was completed. The reports must also include the types and volumes of debris transported, reduced and disposed. The reports will include issues requiring attention and other information requested by the City. • CRB will maintain, in an approved and safe place at the site, one record copy of all load tickets, disposal tickets, field inspection reports and other data sufficient to provide substantiation of debris removal costs for Federal and State reimbursement applications along with Written Amendments, Change Orders, Work Change Directives, Change Orders and written interpretations and clarifications in good order and annotated to show all changes made during the execution of the work. These record documents, together with all approved samples, will be available to the City for reference. Upon completion of the work, these record documents and samples will be delivered to the City. ~~ 6.0 QUALIFICATIONS OF CONSULTANT TEAM Environmental investigations, remediation and disaster support have been a key component of our business since its' inception in 1993. Mr. Frederick R. Baddour, MS, our company president and co- owner, and Mr. Victor Rossinsky, PhD, vice-president and co-owner, each possess advanced geological degrees from the University of Miami, Rosenthal School of Marine and Atmospheric Sciences and have demonstrated extensive knowledge and understanding of environmental issues. Ms. Gabrielle Benigni, Debris Management Planning, FEMA Program Assistance and Monitor Coordinator, has extensive experience in managing hurricane relief operations including debris monitoring. Our Team Member, Special Disaster Services Inc., has set the standard by which disaster support services are performed. 6.1 PROJECT ORGANIZATION The CRB Project Team is staffed entirely with a team of highly qualified professionals who have worked together on many similar assignments over the past twenty years and who are highly motivated to complete successful projects for the City of Miami Beach. Figure 1 provides the proposed Organizational Chart highlighting the CRB Project Team. In the CRB Project Team organization, each team member has clearly defined responsibilities and duties within a clearly established chain of command. The capabilities and dedication of these project staff are indicated by copies of the commendation letters for the key project staff that appear at the end of this section. The CRB Project Team's essential attributes are: • Company commitment of required resources, performance of tasks, and resolution of problems through well-defined lines of responsibility, • Documented ability to accomplish stated objectives within established schedule and cost constraints, • Directly applicable experience and expertise in managing and performing requisite work efforts, • Leaders in establishing and executing disaster relief projects to completion, • Advanced educational degrees and extensive on-going training for all key staff, • Florida professional engineering and professional geology registration. CRB project team makes a commitment to the City of Miami Beach that all technical services identified in the solicitation will be performed and directed by professionals with significant and directly related work experience. The project-team assembled will achieve the best possible matrix of skills and experience to meet the City of Miami Beach satisfaction technically, operationally, and contractually. Successful completion of a project will require that the necessary personnel that are committed and possess the required experience and training. Vl%ith our project-team, we maintain a technical and 26 administrative staff of approximately twenty-five (25) that will all be committed to this program. Resumes of key personnel that will be committed to this program are provided at the end of this section. Our management approach utilizes an integrated matrix approach with direct and defined lines-of-communication from the City of Miami Beach to the Program Manager and our assigned debris monitors. Our proposed Program Manager is Mr. Frederick R. Baddour, PG. Mr. Baddour has over twenty- three (23) years of experience directing and managing environmental projects and is a registered Professional Geologist in several states, including Florida, and serves as the President of CRB. As part of this role, Mr. Baddour provides overall company direction and quality control for all projects. He oversees the day-to-day operations and is personally involved with all projects performed by C1ZB. The responsibilities of the Program Manager includes: • Providing a single point-of-contact for the City of Miami Beach, • Coordination of all task orders with the City Of Miami Beach, • Assignment of task order managers and other key personnel • Establishing and monitoring standards of performance, • Approval of task order plans, schedules and budgets, • Approval of teaming subcontract task orders, • Ensuring effective integration of team members, • Monitoring progress and performance, • Approving invoices, • Approving task order closeout. ~~ s~ c~ U c~ C O ... N .r rr L O F~M~ F+( U !~ ~.+ rnn r Mr. Baddour is supported in his role as Program Manager by technical and contract administration supervisors. Our proposed Debris Management Planning, FEMA Program Assistai:ce and Monitor Coordinator is Ms. Gabrielle Benigi. The responsibilities of the Debris Management Planning, FEMA Program Assistance and Monitor Coordinator includes: • Implement and all aspects of the disaster recovery pre-event planning and post-storm assessments, and staff positioning, • Ensure consistent application of all Company, City Of Miami Beach and FEMA procedures and guidelines for debris management and monitoring, • Coordinate with the City all necessary staff training of City employees, • Perform FEMA interfacing, submittal documentation review, and submittals details. • Ensure training of project personnel and field placement, • Perform periodic audits, • Review and approve all technical work products, • Stop work authority. Our proposed Contract Administrator is Ms. Casuso-Baddour is a founder of CRB Geological & Environmental Services, Inc. and has been actively involved in the Company's day-to-day operations since its incorporation in April 1992. Ms. Casuso-Baddour obtained the initial funding capital for the corporation based on her management experience and commitment to managing the financial aspects of the company. Ms. Casuso-Baddour has over twenty-four (24) years of experience in business and personnel management. At CRB, Ms. Casuso-Baddour is responsible for the company's daily business management, including project and administrative accounting. She oversees all personnel department functions. The responsibilities of the Contract Administrator includes: • Ensure compliance with all Company and City Of Miami Beach contract requirements, • Provide accurate and timely project status financial reports, • Perform periodic internal audits, • Establish and track labor billing groups, • Establish purchase orders and subcontracts, • Review subcontractor invoices for payment, • Prepare invoices to City Of Miami Beach. Our project execution strategy involves assignment of one of several debris monitors to a task order. These debris monitors are all experienced project managers with extensive technical background in 29 executing projects involving environmental monitoring and investigative tasks. Depending on the specific task order requirements, the program manager in consultation with the Debris Management Planning, FEMA Program Assistance, Monitor Coordinator will select the most appropriate debris monitor, establish a scope of work and identify the key personnel that may be required to execute the task order. The proposed debris monitors include: Dr. Victor Rossinsky, PhD, PC Dr. Rossinsky is also registered Professional Geologist in several states, including Florida, and serves as the Director of Technical Operations. As part of this role, Dr. Rossinsky provides overall company technical direction and quality control for al] projects. Michael Ducltesneau, PE, LEP, LSP Mr. Duchesneau has successfully managed a variety of environmental programs and projects over his twenty-two (22) year career and is a proposed project task order manager responsible for the day-to- day management and execution of a task order project. He has extensive experience managing multi- discipline teams of chemists, hydrogeologists, toxicologists, engineers and environmental scientists and with projects involving petroleum geochemistry. He maintains Professional Engineering licenses in seven (7) states (MA, NY, CT, NC, SC, FL, KS), is a Licensed Site Professional (LSP) in Massachusetts and a Licensed Environmental Professional (LEP) in Connecticut. As an LSP in Massachusetts and a LEP in Connecticut he is registered to provide environmental services and render opinions regarding environmental regulatory matters. In addition to holding a bachelor's degree in civil engineering, he also possesses a bachelor's degree in chemistry. Doug Lowell, Mr. Lowell has had over sixteen (16) years of experience conducting numerous environmental investigations and remediation involving petroleum hydrocarbons. He is currently involved in a project involving assessment and remediation of a site involving the release of petroleum hydrocarbons in a populated residential area of Miami. Mr. Lowell regularly manages site assessments and has worked with numerous clients on the remediation of sites with an emphasis on the remediation of petroleum contamination resulting from leaking underground storage tanks. He has conducted/managed numerous contamination assessments, audits, indoor air quality surveys and remedial actions. He supervised the implementation of over thirty (30) soil and groundwater remedial designs. Robert Workman, Mr. Workman is the manager of the South Carolina Division office, which was opened in 1998 in order to serve mid-Atlantic clients and facilities. Since 1993, he has performed numerous Phase I and Phase II ESAs across the nation and worked with clients during property transaction due diligence. Mr. Workman has participated in a broad range of projects We anticipate performing multiple task order assignments for this contract. In order to execute multiple task order assignments, Mr. Baddour, our proposed program manager, will utilize staff resources from our support staff and Subcontractor. Based upon the pre-storm event planning; the damage assessment and the Monitoring Field Supervisor' review, Mr. Baddour and Ms. Benigni will initiate mobilization of debris monitors for emergency road clearing and will coordinate this task with the monitors and the Debris Removal Subcontractor. 30 The CRB Debris Manager will communicate on a daily basis with the City and the Debris Removal Contractor the progress, productivity, planning and data recovery activities. The Debris Manager will also resolve any discrepancies or problems encountered during this operation. This effort is part of our typical daily operation and the scope of work described in the City of Miami Beach solicitation is the type of work that we are accustomed to do. The procedures and systems at CRB are already in- place to provide Mr. Baddour and our debris monitors with the tools to successfully manage and execute a debris monitoring project. These procedures and experience will ensure that the transition from the City of Miami Beach scope of work to final project completion will be seamless. In summary, the CRB Team offers the City of Miami Beach, seasoned emergency response disaster recovery managers and a seasoned management team. We are convinced that we are the best choice for the City of Miami Beach, due to our environmental monitoring and project experience, our disaster recovery support team, our local presence and our in-place management systems that will ensure adequate control of budget and schedules. 6.2 SUPPORT STAFF AND SUBCONTRACTOR EXPERIENCE To support CRB in execution of this project, we have identified support staff, Ms. Gabrielle Benigni, and a select primary subcontractor, Special Disaster Services, Inc. (SDS), that will provide CRB additional resources in various project-related tasks including: disaster recovery planning, pre-storm and post-storm damage assessments, monitor coordination, data recovery, data documentation, FEMA representation, FEMA submittals and project closeout. 6.3 RECENT SUPPORT STAFF AND SUBCONTRACTOR EXPERIENCE CRB' Team Members, have more then 20 years of combined experience with disaster services in the Southeast United States and the Caribbean. Special Disaster Services (SDS), headquartered in Miami, has combined its hurricane monitoring and debris removal experience with the resources of ACS Inspection Services which covers all building city code inspections, permitting and GIS mapping capabilities. This benefits the City of Miami Beach with details of coordinates and estimated damages to buildings, associated equipment assets and especially with providing daily map updates of debris removal progress and productivity. 6.4 DISASTER PROJECT EXPERIENCE A few representative projects for the Support Team are as follows: 6.4.1 Special Disaster Services (SDS) SDS PROJECT #1 LOCATION: EI Portal, FL CLIENT: City of EI Portal, Contact: City Manager -Steve Alexander (305) 216-6579 Mayor - Mariette Sainvil (305) 467-5875 PROJECT SCOPE: Disaster support services for Hurricane Wilma-2005 31 PROJECT DESCRIPTION: Implemented the City of E1 Portal' Emergency Debris Management Plan. Coordinated disaster recovery operations including: emergency road clearance, debris removal and debris monitoring. Performed FEMA representation for the City and prepared all FEMA submittals for Categories A-G. Directed reconciliation of debris removal and disposal ticket ledgers and reviewed subcontractors invoices for accuracy and completeness for FEMA submittal. Currently providing support with the City for the Hazard Mitigation Grant program. SDS PROJECT #2 LOCATION: Miami-Dade County South, following Hurricane Wilma CLIENT: Florida Department of Transportation (FDOT); Contact Person: Target Engineering- FDOT Project Managers: Sara Dufoo- Project Director (30S) 216- 8840-cell, (30S) 436-8877- office, David Hernandez -Project Manager (9S4) 658-8448- cell PROJECT SCOPE: Disaster support services for Hurricane Wilma-2005 PROJECT DESCRIPTION: Performed emergency debris clearance in Monroe County. Responsible for crew logistics and mobilizations. Managed, directed and coordinated all debris reduction activities. Directed and managed all field and office administration of FEMA support documentation. 6.4.2 Gabrielle Benigni-CRB Support Staff PROJECT #1 LOCATION: Miami-Dade County- Key Biscayne, Florida City, 2005 CLIENT: Waste Management, Inc; Contact Person: Jason Neal -Govt. Affairs Manager 305-986-6107-cell George Ruiz- District Manager-30S-S47-6006-cell PROJECT SCOPE: Disaster support services following Hurricanes Katrina, and Wilma. PROJECT DESCRIPTION: Performed debris assessments. Interfaced with City and Waste Management. Performed contract administration, contract monitoring, project directing and onsite supervision. Performed subcontractor reconciliation. PROJECT #2 LOCATION: Broward County-Southwest Ranches, Lighthouse Point and Hillsboro CLIENT: Waste Management, Inc; Contact Person: Jason Neal -Govt. Affairs Manager 305-986-6107-cell George Ruiz- District Manager-30S-S47-6006-cell 32 PROJECT SCOPE: Disaster support services following Hurricanes Katrina and Wilma. PROJECT DESCRIPTION: Performed all Subcontracting, and .field administrative staff training. PROJECT #3 LOCATION: Volusia County- Hurricane Jeanne and Frances 2004 CLIENT: Crowder and Gulf; Contact Person: Charlie Hunter (850) 528-8015 or Ashley Ramsey (646) 872-1548. PROJECT SCOPE: Disaster support services following Hurricane Jeanne and Frances. PROJECT DESCRIPTION: Performed logistics with County and City of Ormond Beach. Mobilized 16 crews to perform hurricane debris staging and removal. Assisted with approving Samsula landfill to accept debris. PROJECT #4 LOCATION: Orange County-Hurricane Frances 2004 CLIENT: ASHBRITT; Contact Person: Ron Catalbo- (954) 214-6091 PROJECT SCOPE: Disaster support services following Hurricane Jeanne and Frances. PROJECT DESCRIPTION: Mobilized emergency crews for hurricane debris removal. Reviewed damaged areas, performed debris assessments PROJECT #5 LOCATION: Palm Beach County, Jupiter Florida; Broward County, Southwest Ranches, Margate, Lauderhill CLIENT: Waste Management; Contact Person: Rick Kania- District Manager (813) 5-5- 1814-cell, David Pepper- (904) 721-3300. CONTRACT VALUE: $2.1 Million PROJECT SCOPE: 33 Disaster support services following Hurricane Jeanne and Frances, 2004. PROJECT DESCRIPTION: Performed debris staging and removal. Performed as partner, representative for all cleanup tasks including directing all subcontractor monitoring and client reconciliation. PROJECT #6 LOCATION: Puerto Rico CLIENT: Municipality of Manaubo / F.E.M.A.; Contact Person: Rosa Rios (FEMA) - (787) 729- 7637 or Dan Pomplum CONTRACT VALUE: $400,310 PROJECT SCOPE: Hurricane clean-up and debris removal following Hurricane Georges 1998, Puerto Rico PROJECT DESCRIPTION: Performed debris staging and removal. PROJECT #7 LOCATION: Dade County, Florida following Hurricane Andrew, 1992 PROJECT SCOPE: Storm Reconstructive Services PROJECT DESCRIPTION: Provided disaster assistance, debris assessments, project Logistics, debris removal and designation of debris staging areas for various projects. Performed contract monitoring. PROJECT #8 LOCATION: Various Counties in North Carolina and South Carolina following Hurricane Floyd and subsequent floods, 1999 PROJECT SCOPE: Storm Reconstructive Services 34 PROJECT DESCRIPTION: Provided disaster assistance, debris assessments, project logistics, debris removal and designation of debris staging areas for various projects. Performed contract monitoring. PROJECT #9 LOCATION: Various Counties in North Carolina following Ice Storm Disaster PROJECT SCOPE: Storm Reconstructive Services PROJECT DESCRIPTION: Provided disaster assistance, debris assessments, project logistics, debris removal and designation of debris staging areas for various projects. Performed contract monitoring. 6.5 CRB RESUMES The following provides resumes for several key CRB staff: 35 Frederick R. Baddour, P.G., L.S.P. Mr. Baddour has over twenty-six (26) years of experience directing soil and groundwater RI/FS programs as outlined in the NCP and CERCLA. Mr. Baddour has extensive experience with analysis and clean-up of chlorinated solvents and petroleum hydrocarbons. His technical expertise has been used to evaluate the environmental fate and effects, and to develop remedial action alternatives of many different contaminants, including asbestos, pentachlorophenol, dioxin, PCBs, heavy metals, chlorinated solvents and petroleum products. Education University of Miami, Miami, Florida Ph.D. in Marine Geology and Geophysics, in progress University of Miami, Miami, Florida Master of Science, Marine Geology and Geophysics, 1983 Syracuse University Bachelor of Science, Geology, 1980 Professional Certification Professional Geologist -Florida, 1989 (PG #548) Professional Geologist -North Carolina, 1996 (PG #1535) Professional Geologist -South Carolina, 1997 (PG #2131) Professional Geologist -Kansas, 2001 (PG #524) Licensed Site Professional -Massachusetts, 1993 (LSP #5354) OSHA Health and Safety Certified for Hazardous Waste Operations, 29 CFR 1910.120 Professional Associations Member of Florida Association of Professional Geologists The National Directory of Expert Witnesses -Claims Providers of America -Esparto, CA Emnloyment History CRB Geological & Environmental Services, Inc.; President -April 1992 to present Responsibilities include supervision of professional and technical staff, development and establishment of quality control procedures and technical capabilities, staffing levels, work policies and company expansion, technical supervision of ongoing projects, and interactions with clients and regulatory agencies. Enviropact, Inc.; Director of Consulting Services - 1988 to 1992 Responsibilities included supervision of professional and technical staff, development and establishment of quality control procedures, staffing levels, work policies and company expansion. Camp, Dresser & McKee, Inc.; Geologist - 1986 to 1988 Specialist in applied environmental geology and geochemistry. Participated in many hazardous waste site investigations; geological, hydrogeological and environmental impact studies. Eastern Research Group, Inc.; Geologist - 1984 to 1986 Provided environmental consulting services related to soil and groundwater contamination, remedial action planning, proposal and document preparation. 3~ Baddour and Associates; Geologist - 1983 to 1984 Provided diverse environmental and geological consulting services. University of Miami; Research Assistant - 1980 to 1983 Developed an assessment of petroleum hydrocarbon contamination in marine and fresh«~ater environments. Oil Recovery Systems, Inc.; Researcher - 1979 to 1980 Conducted new site feasibility studies and data analysis. Selected Project Experience Expert witness services to evaluate contamination at a National Priorities List (NPL) site in Leadville, Colorado. The facility conducted numerous ore refining processes. Groundwater, soil, and surface water contamination were documented. Acquisition of slag piles and off site liquid waste disposal in Leadville, Denver, and Arapahoe County, Colorado and in Salt Lake City, Utah led to the facility to be named a Potentially Responsible Party (PRP). Historical processes; historical disposal records and property acquisition records, previously prepared environmental reports and analytical data, and geological and hydrogeological data were reviewed to evaluate the causes and timing of contamination. Expert witness services to evaluate contamination at a National Priorities List (NPL) site in Gainesville, Florida. The site was used for pine tar and charcoal generation and a portion of the property was utilized as a wood treatment facility. Pentachlorophenol (PCP), creosote, and chromated copper arsenate (CCA) were utilized to treat timbers and were documented in the soil, groundwater and surface water at the site. Historical processes, historical evidence of release events, analytical data, previously prepared environmental reports, and geological and hydrogeological data were reviewed to determine likely causes and timing of contamination. Groundwater modeling was conducted to evaluate the timing and migration of groundwater contamination. Expert witness services to evaluate contamination at a National Priorities List (NPL) site in Florence, South Carolina. This facility engaged in the treatment of wood. Pentachlorophenol (PCP), creosote, and chromated copper arsenate (CCA) were utilized, along with fire retardants. Thirty-three (33) RCRA Solid Waste Management Units were identified at the site, along with documented soil, groundwater, and surface water contamination. Historical processes, historical evidence of release events, analytical data, previously prepared environmental reports, and geological and hydrogeological data were reviewed to determine likely causes and timing of contamination. Expert witness services to evaluate contamination at a National Priorities List (NPL) site in Union Township, Pennsylvania. This facility conducted solvent recovery and oil recovery operations for over fifty (50) years. The most common processes involved the recycling of waste oil. Sludges were disposed of on-site and recovered product was sold to off-site entities. Groundwater, soil, and surface water contamination were documented. Historical processes, historical evidence of release events, analytical data, previously prepared environmental reports, and geological and hydrogeological data were reviewed to determine likely causes and timing of contamination. Expert witness services to evaluate contamination of a historical railroad yard in Peru, Indiana. Operations at this facility included maintenance activities and refueling operations. Fuel oils were the primary contaminants documented in the soils, groundwater, and surface water at the site. Historical processes, historical evidence of release events. analytical data, previously prepared environmental 37 reports, and geological and hydrogeological data were reviewed to determine likely causes and timing of contamination. Expert witness services to evaluate contamination of a historical railroad yard in Wyoming, Michigan. Operations at this facility included maintenance activities and refueling operations. Soil and groundwater contamination by petroleum products was documented. Expert witness services to evaluate contamination of a National Priorities List (NPL) site in Portsmouth, Virginia. A journal bearing foundry was operated at this site for over fifty (50) years. Used journal bearings were manufactured into new bearings. Air emissions and the disposal of spent sand contributed to high levels of lead at the site. Historical processes, historical evidence of release events, analytical data, previously prepared enviromnental reports, and geological and hydrogeological data were reviewed to determine likely causes and timing of contamination. Expert witness services to evaluate contamination at a former PCP manufacturing plant in Tacoma, Washington. Soil and groundwater contamination were documented at the site. The physical and chemical properties of PCP were evaluated along with those of the soils to determine asite-specific retardation factor. A database of soil analytical results was created and the distribution of PCP in soils modeled. Supervised the review of over 25,000 pages of documentation relating to contamination at Miami International Airport. The documents were reviewed to determine the extent and timing of contamination and to evaluate the work conducted at the sites for cost recovery purposes. Modeling of contaminant plume migration with time was conducted. For a private PRP, a soil and groundwater assessment and clean-up plan were conducted to evaluate the distribution of dioxins, pentachlorophenol, metals, and petroleum hydrocarbons. This project required the collection and analysis of soil, groundwater, sediment and surface water samples for the determination of the applicable remedial technologies. The project was conducted in accordance with the requirements of CERCLA and the National Contingency Plan (NCP). Additionally, a detailed analysis of the contaminant fates was evaluated to determine the timing of the release events. Environmental consultant to the buyer of a 270-acre contaminated site that was formerly operated as a nylon fibers production facility. Consulting services included asbestos abatement and management of abandoned buildings, totaling over two (2) million square feet. The plant's operations and support systems contaminated large portions of the soil and groundwater. The soils were contaminated with phenols and other semi-volatile organics including DowTherm A. The groundwater was contaminated with chlorobenzenes and carbon tetrachloride. The chlorobenzene contamination was being treated with air sparging techniques. The carbon tetrachloride plume was being treated by air stripping. Groundwater modeling was conducted and indicated that an upgradient source area was present at the site. A soil gas survey was conducted and the findings supported the presence of an upgradient source of contamination. Field evaluation of the first vacuum extraction corrective action technology application at the Bellview, Florida, LUST site. Served as the Deputy Work Assignment Manager for the effectiveness of the vacuum extraction technology for the removal of gasoline constituents released from underground storage tanks in the subsurface environment. This document was developed in part for the EPA SITES program. 38 Preparation of a Contamination Assessment Report, Remedial Action Plan, and Risk Assessment of a rental car agency formerly operated as a paperboard manufacturer. Contamination resulting from the storage of fuels at the site as well as contamination resulting from the recycling of newspapers was present. The site was divided into two operable units (OUs) to distinguish the contaminant plumes and sources. Extensive chromatographic data was compiled for this site for purposes of identifying contamination by source and dividing the contamination by dominant assemblage. During the preparation of the RAP, groundwater modeling was used to ensure that all of the unleaded gasoline and commingled contaminant plumes would be addressed by the groundwater remedial system. The remedial system was designed to allow the use of an on-site infiltration gallery system, thereby reducing the cost of system installation. Additional moneys were recovered for the client by the approval of a petition for extended coverage under the Abandoned Tank Restoration Program. Contamination Assessment and Remedial Action Plan for a former gasoline station adjacent to a dry cleaner. A Contamination Assessment Plan was prepared to address the discharge of tetrachloroethene and other chlorinated solvents into an on-site catch basin and soakage pit. During the contamination assessment, evidence of petroleum product groundwater contamination was detected after the removal of the underground storage tanks. This groundwater contamination was also assessed. A Remedial Action Plan was prepared to address both the chlorinated solvent and gasoline contaminant plumes. The Remedial Action Plan was approved by the Dade County Department of Environmental Resources Management and the system was installed. Preparation of responses to a Notice of Violation (NOV) for various RCRA violations at an aerospace manufacturing facility, which manufactures parts for airplanes. Responses to the NOV included the preparation of a contingency plan, a respiratory protection plan, and personnel training for approximately 200 employees involved with hazardous materials and/or hazardous wastes. Waste streams were identified and tested to determine the amount of hazardous waste generated by the facility and appropriate disposal of all wastes. A status change from a treatment, storage, or disposal facility to a large quantity generator was requested. Preparation of remedial action plan and addendum; petition for change of project scope at a valve and regulator manufacturer. Groundwater contamination by tetrachloroethene and other chlorinated solvents extended approximately 400 feet horizontally and 120 feet vertically. The remedial action plan incorporated three-dimensional modeling of aquifer stresses induced by the proposed groundwater remedial system in order to ensure horizontal and vertical plume coverage. Deep, intermediate and shallow zones were modeled independently, and in conjunction, to guide the remedial system design that consist of three recovery wells, each addressing a different depth interval, a stripping tower for groundwater treatment, and an infiltration gallery. Preparation of an extensive Phase I and Phase II Environmental Assessment to encompass approximately one block of downtown Miami, including a rental car agency formerly operated as a dry cleaner and a former gasoline service station. Groundwater and soil samples were collected from an open pit located within a boarded area of the building and outside of the building to define the extent of contamination by tetrachloroethene. A Remedial Action Plan was prepared to address two groundwater contaminant plumes and numerous areas of soil contamination. Additional activities conducted at the site included the abatement of asbestos and the demolition of all structures at the site. Preparation of a Phase II Environmental Assessment report in accordance with Connecticut Department of Environmental Protection (CTDEP) property transfer regulations, a Contamination Assessment Report (CAR) and Remedial Action Plan (RAP) to address groundwater contamination 39 by 1,1,1-trichloroethane (TCA) at an airplane seat manufacturing plarit in Connecticut. A passive venting system to address the presence of chlorinated solvents in the soils was installed. Extensive computer modeling and packer analyses were utilized to determine the direction of groundwater flow through fractures and to establish a river discharge point. A drinking water well sampling program was initiated to ensure that neighboring private wells were not contaminated. Remedial investigation of nine ECRA sites in New Jersey for Owens Illinois. Developed and implemented RCRA facility audits, GIS, SES and RI deliverables for the facilities. The program included the assessment of several on-site industrial landfills used to dispose of industrial wastes including asbestos, metals and petroleum hydrocarbons. Bioremediation of petroleum-contaminated soil at N.G. Petroleum Corporation, Tiverton, Rhode Island. Designed and developed the analytical procedure for the assessment of the effectiveness of the remediation program. An Environmental Assessment in accordance with the National Environmental Policy Act was prepared for a site encompassing approximately fifty (50) acres and including twelve (12) buildings located at the Homestead Air Force Base, Homestead, Florida. The scope of the Environmental Assessment included an evaluation of historical environmental concerns and an evaluation of current conditions, including a site inspection and regulatory file review. The impact of the reuse of this portion of the base as a Job Corps Center was determined, and a Finding of No Significant Impact statement was prepared. Conducted contamination assessments at a major international airport in Florida. Areas that were assessed included tank farms and operations and maintenance buildings. Based upon data collected during the contamination assessments and pump tests, designed remedial systems to optimize groundwater treatment given the restrictions imposed by the operations of the airport and vast array of underground utilities. Investigation of groundwater contamination in aright-of--way adjacent to an industrial waste transfer station at a large airport. Groundwater and soil contamination were detected in a Swale area. Worked in coordination with local regulatory agencies, airport personnel, and the transportation agency to evaluate the extent of contamination and potential impacts to construction workers expanding a nearby ramp. Publications Weaver, R., F.R. Baddour, T. Boyle and V. Rossinsky, Jr., "Removal of Chlorinated Solvents Using Soil Vapor Extraction and Groundwater Treatment Technologies", Proc. 94th Annual Conference and Exhibition Air & Vdaste Manage. Assoc. 2001, Orlando, FL, Paper No. 508. Weaver, R., J. Als, F.R. Baddour, T. Boyle and V. Rossinsky, Jr., "Air Quality Management: A Tactical Approach", American Chamber of Commerce of Trinidad and Tobago, 5th Annual Safety, Health & Environmental Conference and Exhibition, 2001, Trinidad, West Indies. Duchesneau, M. and Baddour, FR., 1988. "Soil Gas Sampling Technology: Applications and Limitations". Proceedings, National Solid Wastes Management Association, Boston, Massachusetts. Baddour, F.R., "Petroleum Hydrocarbons in the Canals that Drain the Miami International Airport", Thesis, Univ. of Miami Press, 1983. 40 Gabrielle Benigni Gabrielle has 20 years of experience in specialty environmental construction, demolition, earthwork, emergency/disaster response, State and Federal agency reimbursement project submittals and management, Health & Safety planning and, USDA hurricane relief submittals. Her knowledge and experience broadly ranges from assessing projects, proposal preparation/estimating, project administration & problem management, to change order preparation, and project closeout. As a former owner of a minority certified environmental firm for 10 years she negotiated and successfully completed bonded and non-bonded earthwork, disaster, and asbestos/demolition projects for municipalities, government, State agencies and commercial contractors. She understands the special needs of clients, and the unexpected problems that occur requiring delay and cost analysis with phased projects and scope modifications. Gabrielle has performed all levels of Federal and State agency interfacing, and regulatory compliance/permitting. She has special expertise with coordinating and managing diversified disaster recovery projects and teams, administration of Government contracts, submittals and providing disaster support services. Gabrielle's 20 years of Projects have been located in various regions of the United States and Caribbean with Project emphasis on Military Installations, FDOT, SFWMD, Conunercial facilities, Airports, School Boards, Municipalities, FEMA, NRCS, and USDA. Projects included Emergency Response and Disaster Recovery Operations in sensitive areas of Puerto Rico, North Carolina, Alabama, and Florida. Education University of Florida, Gainesville, Florida Bachelor of Science, Geology & Hydrogeology Certifications • 40-hour Supervisor/Trainer HazMat • Advanced Supervision of Asbestos Abatement projects-Georgia Tech • State of Florida Dept. of Natural Resources Oil Spill Prevention, Response, and Cleanup • FEMA Debris Management • Former Asbestos Contractor • Minority Certified State of Florida-Demolition, Environmental Construction and Consulting, Asbestos Abatement, Installation of Remedial Systems • Miami-Metro Dade Contractor Specialty Building (demolition) Environmental Consulting, Landscaping • Fla. Dept. of Transportation Demolition, Asbestos Contractor, Landscaping, Erosion Control, Pressure Washing, Industrial Painting • South Florida Water Management Earthwork, Environmental Assessment/Research, Hazardous Material Clean Up, Dredging and Erosion Control • Jacksonville Electric Authority Safety and Contractor Certified, Earthwork, Demolition, Asbestos and Lead Abatement Fields of Specialization • Disaster Cleanup-First Responder/Agency Interfacing, Subcontractor Selections • Proposal Preparation/Bidding, Project /Contract Administration/Management • FEMA, and USDA Reimbursement Submittals, and Agency Mediation Submittals • Earthwork Restoration • Demolition and Asbestos Removals • Health and Safety Plans 41 Selected Proiect Experience Preformed disaster services for the municipality of Maunabo, Puerto Rico, North Carolina, Florida, and Alabama including damage assessments, locating debris staging areas, levee installations, preparing documentation for FEMA reimbursement packages; and USDA mediation submittals. Currently assisting South Florida Cities and aNon-Profit Organization with a local hazard Mitigation Grant program and detailing the disaster recovery operations and providing training. Additionally she is interfacing with the District Director of the 17`h Congressional District of Florida, regarding South Florida Cities and inconsistencies with FEMA representative approvals. Is a member of the Florida Emergency Preparedness Association (FEPA), and holds certification in FEMA Debris Management and Inspector Monitoring. Her past project specialties included Above/Underground Storage Tank facilities, Landfill CAP/Closures, Geophysical Investigations, Pesticide/Solvent/PCB/Asbestos Assessment and Remediation. Emergency response for the John Deere Insurance Services, and FDEP. Nationwide asbestos, underground storage tank (UST) and above-ground storage tank (AST) removals for Omega Healthcare, and Office Depot. Successfully completed a $2 million and $700,000 Canal and Levee Installation for SFWMD. 42 Annette Casuso Baddour Ms. Casuso-Baddour is a founder of CRB Geological & Environmental Services, Inc. and has been actively involved in the Company's day-to-day operations since its incorporation in April 1992. Ms. Casuso-Baddour obtained the initial funding capital for the corporation based on her management experience and commitment to managing the financial aspects of the company. Ms. Casuso-Baddour has over twenty-four (24) years of experience in business and personnel management. She has extensive administrative experience in property management, where her responsibilities have included overseeing the budget for a property containing several hundred units, and directly supervising over twenty (20) personnel. At CRB, Ms. Casuso-Baddour is responsible for the company's daily business management, including project and administrative accounting. She oversees all personnel department functions. Education Colegio Nacional de Asistencia Social, Madrid, Spain Especialidad en Estudios Sociales, 1978 Employment History CRB Geological & Environmental Services, Inc.; Executive Director -April 1992 to present Responsibilities include supervision of financial management functions, including A/P, A/R, payroll; development and establishment of personnel policies; development and establishment of purchasing and control procedures; record keeping, both manually and computerized, for all financial aspects of the company. Ms. Casuso-Baddour obtained the initial funding capital for the corporation based on her management experience and commitment to managing the financial aspects of the company. The Courtney Company, Inc.; Property Manager - 1983 to 1986 Responsibilities included financial aspects of property management. Property management duties included collection of condominium fees, operating analyses, lease contracting, computerization of the property management system, for the many condominium associations managed by the firm. Key Colony Phase III Condominium Association, Inc.; Assistant Manager - 1979 to 1983 Responsibilities included the development of all condominium policies, bylaws, and other condominium documents. Worked as the coordinator between the developer/investment group and condominium purchasers. Developed the necessary procedures and documentation for the transition from developer management to self management by the Home Owners Association condominium management. Compiled and assessed the million-dollar budget for the 286-unit condominium and supervised a staff of over twenty (20) employees. Coral Gables Federal Saving and Loan; Mortgage Servicing Officer -August 1978 to 1979 Responsible for regional management of the mortgage portfolio including escrow analysis, mortgage servicing, and cost analyses. 43 Victor Rossinsky Jr., Ph.D., P.G. Dr. Rossinsky has over nineteen (19) years of experience in the geological/environmental field, and specializes in groundwater and soil contamination assessment and remediation. Prior to his involvement in the environmental field, Dr. Rossinsky conducted research, specializing in petrographical and geochemical aspects of sediment and groundwater interactions. Dr. Rossinsky's environmental experience spans field-intensive activities and technical project management at numerous leaking tank sites. Dr. Rossinsky has prepared and managed numerous contamination assessments and developed several soil and groundwater remedial designs. He has developed CRB's aquifer analysis and modeling capabilities and provides leadership of the aquifer analysis at CRB. Education University of Miami, Coral Gables, Florida Ph.D. in Marine Geology and Geophysics, 1989 Master of Science, Marine Geology and Geophysics, 1984 Southern Connecticut State University, New Haven, Connecticut Bachelor of Science, Geological Science (Cum Laude), 1980 Professional Certifications Professional Geologist -Florida, 1992 (PG #1413) Professional Geologist -North Carolina, 1996 (PG #1542) Professional Geologist -Pennsylvania, 2001 (PG #3901) Florida Licensed Asbestos Consultant, 1996 (AX0000026) OSHA Health and Safety Certified for Hazardous Waste Operations 29 CFR 1910.120 Asbestos Abatement Inspector: Accreditation under TSCA Title II/AHERA Asbestos Abatement Management Planner: Accreditation under TSCA Title II/AHERA Asbestos Abatement Contractor/Supervisor: Accreditation under TSCA Title II/AHERA Professional Associations Member of the National Groundwater Association Employment History CRB Geological & Environmental Services, Inc.; Vice President -April 1992 to present Responsibilities include development of technical capabilities in contamination assessment, remedial technologies, soil and groundwater modeling, and other aspects of environmental work; technical oversight of ongoing projects; administrative tasks; and client and regulatory agencies relations. Involved in litigation support and responsible for data management, interpretation, and presentation. Specializes in litigation support as expert witness for eminent domain proceedings. Client and agency liaison, and proposal preparation for new business development. Enviropact Inc.; Senior Hydrogeologist -July 1989 to April 1992 Responsibilities included supervision of a group of consultants involved in contamination assessment and remediation of hydrocarbons and metals in soils and groundwater, and technical review and writing of Contamination Assessment Reports (CAR) and Remedial Action Plans (RAP). Created and organized the aquifer analysis and groundwater modeling department at Enviropact. Responsible for all aquifer data interpretation and groundwater modeling. Developed several computer routines to model drawdown, cone of influence, and mass transfer calculations. 44 R. Valentine Inc.; Hydrogeologist -June 1987 to October 1989 Responsibilities included hydrocarbon contamination assessments, preparation of CARs and RAPs, and supervision of monitoring well installation, soil boring advancement, sample description and acquisition, well logging, and other field work. Conducted pump tests and slug tests for aquifer characterization, and prepared site-specific and regional groundwater gradient and flow maps. Selected Proiect Experience Preparation of a Contamination Assessment Report (CAR), Remedial Action Plan (RAP), and Risk Assessment of a rental car agenc}~ formerly operated as a paperboard manufacturer. Contamination resulting from the storage of fuels at the site as well as contamination resulting from the recycling of newspapers was present. The site was divided into two operable units (OUs) to distinguish the contaminant plumes and sources. Extensive chromatographic data was compiled for this site for purposes of identifying contamination by source and dividing the contamination by dominant assemblage. During the preparation of the RAP, groundwater modeling was used to ensure that all of the unleaded gasoline and commingled contaminant plumes would be addressed by the groundwater remedial system. The remedial system was designed to allow the use of an on-site infiltration gallery system, thereby reducing the cost of system installation. Additional moneys were recovered for the client by the approval of a petition for extended coverage under the Abandoned Tank Restoration Program. Preparation of remedial action plan and addendum; petition for change of project scope at a valve and regulator manufacturer. Groundwater contamination by tetrachloroethene and other chlorinated solvents extended approximately 400 feet horizontally and 120 feet vertically. Preparation of remedial action plan incorporated three-dimensional modeling of aquifer stresses induced by the proposed groundwater remedial system in order to ensure horizontal and vertical plume coverage. A deep, intermediate, and shallow zone were modeled independently and in conjunction to guide the remedial system design consisting of three recovery wells, each addressing a different depth interval, a stripping tower for groundwater treatment, and an infiltration gallery. Preparation of a Contamination Assessment Plan (CAP) and limited Phase I Investigation for a dry cleaning facility formerly operated as a gasoline service station. Tetrachloroethene was detected in a sample collected from the on-site tank, possibly a septic tank. Preparation of a Phase II Environmental Assessment report in accordance with Connecticut Department of Environmental Protection (CTDEP) property transfer regulations, a Contamination Assessment Report (CAR) and Remedial Action Plan (RAP) to address groundwater contamination by 1,1,1-trichloroethane (TCA) at an airplane seat manufacturing plant in Connecticut. A passive venting system to address the presence of chlorinated solvents in the soils was installed. Extensive computer modeling and packer analyses were utilized to determine the direction of groundwater flow through fractures and to establish a river discharge point. A drinking water well sampling program was initiated to ensure that neighboring private wells were not contaminated. For a private PRP, a soil and groundwater assessment and clean-up plan were conducted to evaluate the distribution of dioxins, pentachlorophenol, metals, and petroleum hydrocarbons. This project required the collection and analysis of soil, groundwater, sediment and surface water samples for the determination of the applicable remedial technologies. The project was conducted in accordance with the requirements of CERCLA and the National Contingency Plan (NCP). Additionally, a detailed analysis of the contaminant fates at the site were evaluated to determine the timing of the release events. 45 Preparation of an extensive Phase I and Phase II Environmental Assessment to encompass approximately one (1) block of downtown Miami, including a rental car agency formerly operated as a dry cleaners, and a former gasoline service station. Groundwater and soil samples were collected from an open pit located within a boarded area of the building and outside of the building to define the extent of contamination by tetrachloroethene. A Remedial Action Plan (RAP) was prepared to address two groundwater contaminant plumes and numerous areas of soil contamination. Additional activities conducted at the site included the abatement of asbestos and the demolition of all structures at the site. Preparation of a Contamination Assessment Plan and Supplemental Contamination Assessment Report at a former barbed wire manufacturer. Contamination by chlorinated solvents, including tetrachloroethene, was detected at the site historically in quantities exceeding 136 ppm. Contamination was detected to a depth of 100 feet. To determine current groundwater conditions, a sampling of the on-site monitoring wells. This data was compared to the historical data for the site to evaluate plume movement and degradation. A CAP recommending soil and groundwater sampling was submitted to DERM. The CAP was approved and implemented. Contamination Assessment and Remedial Action Plan for a former gasoline station adjacent to a dry cleaners. A Contamination. Assessment Plan was prepared to address the discharge of tetrachloroethene and other chlorinated solvents into an on-site catch basin and soakage pit. During the contamination assessment, evidence of petroleum product groundwater contamination was detected after the removal of the underground storage tanks. This groundwater contamination was also assessed. A Remedial Action Plan was prepared to address both the chlorinated solvent and gasoline contaminant plumes. The Remedial Action Plan was approved by the Miami-Dade County Department of Environmental Resources Management and the system was installed. Remedial Investigation at the Lindsley Lumber Distribution Center, Dania, Florida. Project required the collection and analysis of soil, groundwater, sediment and surface water samples for the assessment of contaminant distribution and the determination of the nature and timing of the release events. Litigation support was also provided. Preparation of responses to a Notice of Violation (NOV) for various RCRA violations at an aerospace manufacturing facility, which manufacturers parts for airplanes. Responses to the NOV included the preparation of a contingency plan, a respiratory protection plan, and personnel training for approximately 200 employees involved with hazardous materials and/or hazardous wastes. Waste streams were identified and tested to determine the amount of hazardous waste generated by the facility and appropriate disposal of al] wastes. A status change from a treatment, storage, or disposal facility to a large quantity generator was requested. A government project involving groundwater remediation of petroleum hydrocarbons and soil remediation by vacuum extraction. The project involved groundwater modeling to facilitate system design consisting of three (3) extraction wells of varying depths and five (5) vacuum extraction wells in the vadose zone. Modeling results were applied to recapture contaminant plume which had migrated off-site. Design and installation of a groundwater remedial system consisting of three (3) extraction wells in coordination with the construction of a 150,000 square feet warehouse. All system components were 46 designed and installed inside the warehouse at the same time the structure was being built. Groundwater contamination consisted of petroleum hydrocarbons. Free floating product remediation and groundwater and soil treatment design and system installation in Reno, Nevada. Extensive hydrological investigation consisting of extended pump test and numerous slug tests preceded this remedial project during the investigational phases. Pesticide groundwater contamination assessment on a property adjacent to tidally influenced river. Tidal cycles and tidal attenuation across the site was measured over several tidal periods and incorporated into a comprehensive model to predict migration of pesticides in the aquifer. The model results were incorporated into treatment system design. Extensive soil and groundwater contamination investigation on a nine (9}-acre site as part of a real estate transaction. Numerous waste streams and contaminant plumes were studied by installing over fifty (50) shallow and deep wells and over forty (40) soil borings. Project was coordinated and executed within one (]) month's time in order to meet transactional deadlines. Individual groundwater plumes were treated with a portable stripping tower avoiding the costly design, installation, and maintenance of a permanent system. Contaminated soils were excavated and thermally treated. Project scope and time frame was successfully coordinated between seller, buyer, and regulatory agency. System operation via remote telemetry system at a site in New Jersey. Groundwater and soil remediation of chlorinated hydrocarbons. System operations were taken over from previous consultant. After an in-depth review of the engineering design, groundwater remedial system was modified to include horizontal extraction wells to reduce projected clean-up time from fifteen (15) years to four (4) years. System monitoring was coordinated among several subcontracting entities and was conducted in accordance with the NJPDES and NJBEECRA. Environmental assessment for pesticides, metals, chlorinated and petroleum hydrocarbons on a 1500 acre farm tract performed for purposes of land valuation in eminent domain proceedings. During the course of investigation and remediation, an additional spill of approximately 200 gallons of fuel occurred which began spreading over the irrigation canal system at the farm. Rapid and effective emergency response coordination and executions precluded the necessity of clean-up. Environmental assessment for pesticides, RCRA metals, chlorinated hydrocarbons and petroleum hydrocarbons on a 50,000 acre farm tract coordinated and performed for purposes of land valuation in eminent domain proceedings. Project was executed within allowable time-frame of three (3) weeks and consisted of all due diligence Phase I and Phase II aspects including file and data base searches covering two (2) counties, process flow review and evaluation of a large sugar mill on the site, and installation and sampling of numerous shallow, intermediate and deep monitoring wells. Design and implementation of remedial systems at a major international airport in Florida. Areas to be remediated included tank farms and operations and maintenance buildings. Designed, supervised, and interpreted pump tests to determine aquifer characteristics. Based upon data collected during the contamination assessments and pump tests, designed remedial systems to optimize groundwater treatment given the restrictions imposed by the operations of the airport and vast array of underground utilities. 47 Publications Weaver, R., F.R. Baddour, T. Boyle and V. Rossinsky, Jr., "Removal of Chlorinated Solvents Using Soil Vapor Extraction and Groundwater Treatment Technologies", Proc. 94th Annual Conference and Exhibition Air & Vi'aste Manage. Assoc. 2001, Orlando, FL, Paper No. 508. Weaver, R., J. Als, F.R. Baddour, T. Boyle and V. Rossinsky, Jr., "Air Quality Management: A Tactical Approach", American Chamber of Commerce of Trinidad and Tobago, 5th Annual Safety, Health & Environmental Conference and Exhibition, 2001, Trinidad, West Indies. Rossinsky, V. Jr., Wanless, H.R., "Topographic and Vegetative Controls on Calcrete Formation, Caicos Islands, British West Indies", 1991. Rossinsky, V. Jr., Swart, P.K., and Wanless, H.R., "Stratigraphic Implications of Penetrative Calcretes", 1991. Rossinsky, V. Jr., and Swart, P.K., "Oxygen Isotopic Trends in Calcretes of South Florida, Bahamas, and British West Indies", 1991. Rossinsky, V. Jr., "Petrologic and Geochemical Evidence for Topographic and Climatic Controls on Calcrete Development, South Florida and the Caribbean", Ph.D. Dissertation, Univ. of Miami, 228 pp. 1990. Browne, K.M., Wanless, H.R., Swart, P.K., Rossinsky, V.Jr., Tyrell, K.M., "Dolomite Cementation and Sediment Dissolution in Association with Ponded Brines, Caicos, B.W.I.", abs., GSA Annual Meeting. 1989. Burns, S.J., and Rossinsky, V. Jr., "Late Pleistocene Mixing Zone Dolomitization, Southeastern Barbados, West Indies", discussion, Sedimentology, v. 36, p. 1135-1146. 1989. Wanless, H.R., Tedesco, L.P., Rossinsky, V.Jr., and Dravis, J.J., "Carbonate Environments of Caicos Platform: A Field guide", IGC field trip T374, 28th International Geological Congress, 72 pp. 1989. Rossinsky, V. Jr., and Wanless, H.R., "Penetrative Calcretes: Origin and Stratigraphic Pitfalls", abs., GSA Annual Meeting, Abstracts with Programs, p. A329. 1988. Waltz, M., Rossinsky, V. Jr., and Wanless, H. R., "Repetitive Reef to Ooid Sequences Near the Leeward Margin of Caicos Platform", abs., AAPG Bull., vol. 71, p. 624 - 625. 1988. Vahrenkamp, V. C., and Rossinsky, V. Jr., "Preserved Stable Isotopic Signature of Subaerial Diagenesis in the Mescal Limestone, Central Arizona: Implications for the Timing of a Terrestrial Plant Cover: a discussion", GSA Bull., vol. 99, p. 595 - 596. 1987. Rossinsky, V. 1r., Subsurface Calcretes and Soils in a Sub-arid Climate: Major Erosional Agents on Pleistocene Ridge Crests and Slopes, BWI", abs., SEPM Annual Midyear Meeting, Abstracts, vol. III, p. 96 - 97. 1986. Tyrell, K. M., Rossinsky, V. Jr., and Wanless, H.R., "Sedimentation and Diagenesis in a Salina", abs., SEPM Annual Midyear Meeting, Abstracts, vol. III, p. 112. 1986. 48 Wanless, H. R., and Rossinsky, V. Jr., "Coastal Accretion on Leeward Margins of Carbonate Platforms, Turks and Caicos Islands, British West Indies", abs., AAPG Bull., vol. 70, p. 660. 1986. Rossinsky, V. Jr., "Slow Sedimentation and Early Diagenesis in a Small Estuarine Basin", abs., SEPM Annual Midyear Meeting, Abstracts, vol. II, p. 77. 198. Rossinsky, V. Jr., "Sedimentologic History of the Loxahatchee River Estuary, Jupiter, Florida", M.S. thesis, Univ. of Miami, 242 pp. 1984. Wanless, H. R., and Rossinsky, V. Jr., "Sedimentologic History of the Loxahatchee River Estuary, Florida", USGS, Water Resources Investigation Report, 84-4120, 58 pp. 1984. 49 Michael N. Duchesneau, P.E., L.S.P, L.E.P Mr. Duchesneau has been responsible for a variety of environmental programs and projects over his 21 year career involving the investigation, design and remediation of soil and groundwater at industrial sites, Superfund sites, landfills, petroleum tanks sites, former Manufactured Gas Plant (MGP) sites, Department of Defense (DoD) sites and airports. He has relevant experience in numerous remedial technologies including: in-situ bioremediation, soil venting, low temperature thermal desorption, capping, reactive barrier walls, electron donor injection, groundwater recirculation cells, multi-phase extraction, NAPL recovery, oil/water separation, air stripping, solids removal and carbon adsorption. He has managed multi-discipline teams of hydrogeologists, toxicologists, engineers and environmental scientists in preparing comprehensive site assessments, risk assessments, aquifer pumping tests, NAPL recovery pilot studies, bioventing pilot tests and monitored natural attenuation studies. He has been responsible for achieving profitability and billability targets fora 25-person remediation engineering group and is currently the Director of the New England office for CRB Geological & Environmental Services Inc. Education Assumption College, Worcester, Massachusetts Bachelor of Arts, Chemistry, 1977 Worcester Polytechnic Institute, Worcester, Massachusetts Bachelor of Science, Civil Engineering, 1984 Elements of Metallurgy, American Society of Metals (ASM) course, 1979 Heat Treatment of Steel, American Society of Metals (ASM) course, 1980 The Modflow Short Course, October 22-25, 2002 Processes and Contaminants of the Metal Finishing, Surface Coating and Dry Cleaning Industries, 2005 Professional Certification Professional Engineer, Massachusetts, (35150) Professional Engineer, New York, (071317) Professional Engineer, Kansas, (18214) Professional Engineer, Florida, (61387) Professional Engineer, North Carolina, (30156} Professional Engineer, Connecticut, (24327) Licensed Environmental Professional, Connecticut, (283) Licensed Site Professional, Massachusetts, (5867) Professional Associations Association for the Enviromnental Health of Soils (AEHS) Licensed Site Professionals (LSP) Association Environmental Professionals Organization of Connecticut (EPOC) National Ground Water Association (NGWA) American Society of Civil Engineers Employment History CRB Geological & Environmental Services, Inc.; Manager of New England Office; Senior Project Engineer -March 2002 to present 50 Responsibilities include: office management, technical support and project management. Business responsibilities includes: staff management and development, scheduling, business development, preparation of proposals and tracking of project budgets. ENSR International, Inc.; Manager of Rernediation Engineering -July 2001 to March 2002 Responsible for 25-person remedial engineering group. Responsible for annual sales of environmental remediation projects and achieving profitability and billability targets for the group. Duties involve developing existing and new business, maintaining client relations, scheduling personnel for project work, personnel reviews, preparation of cost proposals, tracking existing projects for budget and schedules and developing projects scope. Parsons Engineering Science, Project Manager/Environmental Engineer -May 1990 to July 2001 Responsible for remediation projects, including investigation and design through site closure, under CERCLA, RCRA and state requirements. IEP, Inc., Senior Environmental Engineer -September 1988 to May 1990 Responsible for the design and implementation of remedial programs for clean-up of sites which have been impacted with petroleum hydrocarbons. Remedial designs included groundwater treatment systems such as air stripping, carbon adsorption, and vacuum extraction. Camp Dresser & McKee, Inc., Environmental Engineer -May 1984 to September 1988 Responsible for several CERCLA Remedial Investigations/Feasibility Studies (RI/FS) for EPA and private firms. Luvak, Inc., Senior Analytical Chemist -September 1977 to September 1982 Responsible for analyses of numerous metals, alloys, ores, and wastewater; designed and implemented various procedures for improved chemical analyses. Typical analyses included determination of chemical composition of :steel, nickel, cobalt, aluminum, titanium and uranium alloys. Selected Protect Experience Lead Design Engineer responsible for preparation of Remedial Action Plan at industrial site in KS. Supervised preparation of and execution of vapor extraction pilot study to support RAP preparation. Responsible for interim remedial design and remedial action included recovery of groundwater impacted with chlorinated organic compounds via eight (8) shallow bedrock recovery wells and in-situ bioremediation of a chlorinated solvent plume. Groundwater is recovered using pneumatically-operated submersible pumps and enhanced with high vacuum applied at each well. Collected groundwater is batch-processed via filtration and air stripping. System is designed for remote monitoring and operation. Responsible for implementation of in-situ biological treatment of plume, via reductive dechlorination, by the addition of soybean-oil, containing sodium lactate, an electron donor, to stimulate the in-situ biodegradation of the groundwater plume. Bioaugmentation of the in-situ biological degradation system was performed involving the addition of dehalococcides etheneogenes, a bacterium known to dechlorinate chlorinated solvents to non-toxic by-products. Lead Design Engineer responsible for preparation of Remedial Action Plan and Groundwater Modeling Report for the design of an electron donor injection system at industrial site in NC. Design included groundwater modeling of remedial alternatives using MODFLOW and MT3D. Design involved layout of injection wells and groundwater extraction wells. Sl Project Manager for voluntary, expedited RCRA closure of Chemical Storage Area at industrial facility in CT. Project involved preparation of RCRA Closure Plan and Verification Report. Former Chemical Storage Area used to store virgin solvents and hazardous waste was investigated and remediated. Investigation included sampling of concrete floor, soil beneath the floor and groundwater. Areas of floor above regulatory limits were removed and restored. Evaluation included collection of indoor air samples and downgradient groundwater samples. Voluntary closure process included frequent meetings and discussions with CTDEP to gain acceptance of closure plan. Project Manager/Licensed Site Professional (LSP) responsible for Preparation of Class A-2 Response Action Outcome (RAO) for former paint manufacturing facility developed into Boston Harley Davidson Dealership, Everett MA. Prepared Method 3 Risk Assessment. Remedial action included: removal of 9-USTs, excavation and treatment of 2,400 tons of soil, risk assessment included over 45 soil samples and 50 groundwater samples. Project Manager/Licensed Site Professional responsible for Preparation of Class A-3 RAO responses to Seller's LSP comments for 5-story Abandoned Urban Building on Congress Street, Boston MA. Building developed into new office space. Performed indoor air quality sampling; Resolved concerns regarding: presence of NAPL, background levels Pb in soil, downgradient property status of adjacent building, AUL boundary issues, exposure from VOCs in indoor air and Method 1 Risk Assessment assumption and calculations. Project ManagerlLicensed Site Professional responsible for Preparation of Class A-2 RAO for Soil Vapor Extraction/Air Sparging (SVE/AS) System at former LUST site in East Boston MA. Evaluated system performance; Supervised installation of post-remediation soil borings and monitoring well sampling program; Performed Method 1 Risk Assessment; Concluded that site condition met the requirements for No Significant Risk. Project Manager/Licensed Site Professional responsible for Preparation of audit responses to Class A- 1 RAO for former Boston area shipyard. Audit responses included establishing sediment background for Zn and Pb in Boston Harbor sediments and identifying elevated background for Pb in soil used as fill for shipyard site. Project Manager responsible for closure of a former gasoline station at the Providence Airport, Cranston RI. Supervised the inerting, excavation and disposal of two (2) underground storage tanks (UST)s and associated piping. Collected groundwater and soil samples to document the closure process. Prepared the UST closure report in accordance with RIDEM requirements. Met with fire department during UST removal. Manager of Remediation Engineering, Supervised 25-person Remediation Design Group, Responsible for client interface, meeting billabiiity targets, proposal preparation and project reviews for group. July 2001 to March 2002. Project Manager/Lead Design Engineer for design of remediation system of former Manufactured Gas Plant (MGP) Site, Bridgeport CT. Preparation of detailed design plans and specifications for $2MM, 180 gpm, groundwater extraction and treatment facility. Recovery wells included 7 deep extraction wells and over 20 shallow extraction wells, design included recovery of DNAPL and LNAPL using recovery trenches. Design included construction of 50' x 100' treatment facility. Treatment process included; nitrogen blanketing, NAPL separation, residual oil filtration, air stripping, carbon adsorption, solids removal and sludge thickening using filter presses. Design addressed presence of 52 contamination below existing building by subslab vapor recovery system and In-Situ Chemical Oxidation for treatment of MGP residuals at off-site building. Supervised design and execution of groundwater pumping test and Multi-Phase Extraction (MPE) pilot test program. Pilot tests developed critical data required to complete detailed design of treatment process. Responsible for 12-person Remedial Services Group. Program Manager responsible for the investigation and development of remedial alternatives of four (4) former MGP facilities in Connecticut for the Southern Connecticut Gas Co. These projects involved investigation and remediation of coal tar contaminated soils/sludges, sediments and groundwater. Interim, remedial activities included lining a storm water pipeline and removal and disposal of product/groundwater. Following completion of the investigations, risk assessments and preliminary remedial analyses were performed in compliance with all regulatory requirements. The final remedial alternative selected included: removal of Dense Non-Aqueous Phase Liquids (DNAPL) using extraction wells, limited soil excavation, capping of the contaminated areas to prevent exposure, land use restriction and containment of groundwater by pumping to prevent migration followed by treatment of the extracted groundwater and discharge of the effluent to the municipal sewer system. Provided litigation support for suit filed by an adjacent property owner. Plume of LNAPL consisting of a mixture of coal tar, diesel fuel and gasoline had migrated off-site. Using high resolution gas chromatography to obtain "fingerprint" signature of the composition the LNAPL plume and mass spectrographic data, the LNAPL plume on-site and off-site were compared for characteristic patterns of the petroleum materials present. The unique features of the LNAPL plume provided conclusive evidence that the LNAPL plume originated from the former MGP site. A settlement was reached and remedial activities were performed to recover the LNAPL plume from the adjacent property. Project Manager responsible for the investigation and development of remedial alternatives for the investigation and LNAPL recovery of sixteen (16) LNAPL plumes at a petroleum refinery/storage facility in Bayonne NJ for the Exxon-Mobil Co. Project manager and Lead Design Engineer responsible for evaluation of remedial alternatives and detail design of free oil recovery system for 16 LNAPL plumes at active Exxon-Mobil facility in Bayonne, New Jersey. Managed team of geologists and engineers responsible for the characterization of LNAPL from each plume. Plume characterization included use of high resolution gas chromatography to obtain "fingerprint" signature of the composition of each of the plumes. Collected design data including viscosity and specific gravity measurements of each LNAPL plume. Developed LNAPL pilot testing program that included application of low and high vacuums to enhance LNAPL recovery. Performed "bail-down" tests to determine the true and apparent LNAPL thickness at each plume. Evaluated "bail-down" and pilot test recovery data as part of pre-design program to determine critical design parameters. Prepared detail design plans and specifications for recovery of LNAPL at each plume. The final remedial alternative selected included: total fluid pumping with pneumatically operated pumps, vacuum enhanced recovery with pneumatically operated pumps, satellite collection stations, oil-water separation and discharge to sanitary sewer. Program Manager responsible for the multi-million dollar CERCLA and RCRA-driven RI/FS/RD at the Seneca Army Depot Activity (SEDA), New York. Twelve (12) year program was conducted under four (4) consecutive delivery order type contracts with the U.S. Army Corps of Engineers (USAGE), Huntsville Center for Engineering Support for environmental work exclusively at the 10,000-acre Seneca Army Depot Activity (SEDA) in Romulus New York. The Depot was an active munitions storage and management facility listed as a federal Superfund Site in 1990. Work included over 30 deliver}~ orders totaling over $28MM in authorized budgets. Responsible for all aspects of program design and execution including: negotiation of scopes of work, schedules. and budgets for all 53 task orders; supervision of task managers; review of all deliverables and presentation of project reports to state and federal regulators and to the public. Successful in negotiating with NYSDEC and USEPA Region II to expedite the site investigation, remediation and closure process and to secure approval for workplans and reports under CERCLA/RCRA requirements. RCRA Corrective Action process was integrated into the CERCLA process for active sites involved with RCRA. Managed a team of over 30 technical staff people on a variety of environmental assignments at SEDA. Representative delivery orders include: Managed delivery order totaling over $250,000 for the preparation of RCRA Part B Permit for operation of the Hazardous Waste Storage Area, the PCB Storage Area, the Waste Oil Storage Tank and the High Security Radiological Storage Area. The Part B Permit also included preparation of the RCRA Subpart X Permit for operation of the 90-acre Open Burning and Open Detonation Area used for demolition of military munitions. Project document deliverables included: the facility' Part B RCRA permit application, the Subpart X, Miscellaneous Unit, permit application and the SWMU Classification Report. Individual tasks included: preparation of engineering plans for each permitted unit, description of operational procedures, preparation of contingency plans, monitoring plans, waste sampling and analysis plans, providing detailed waste inventory, performing air monitoring studies, air modeling to assess the effects of the open burning and open detonation of munitions operations, preparation of human health and environmental risk assessment from effects of munitions destruction operations, identification of all Solid Waste Management Units (SWMU)s. Prepared Part B Closure Plan. Managed two (2) delivery orders totaling over $300,000 in authorized budgets for the investigation and remedial action selection for two (2) adjacent former disposal areas, SEAD-59, the Paint Disposal Area, and SEAD-71, the Fill Area West of Building 135. Project document deliverables include preparation of investigative Workplans, Expanded Site Investigations (ESI)s, Remedial Investigations (RI)s, Engineering Evaluation/Cost Analysis (EE/CA)s and Action Memorandums (AM)s. Individual tasks included: preparation of topographic base maps and contour maps using GPS, performance of geophysical surveys, installation and sampling of soil and water material from soil borings and test pits, installation and sampling of monitoring wells and sampling of surface water and sediment. Developed remediation strategies, remedial alternatives, clean-up goals, estimated volumes of soil and waste materials that would require excavation and disposal and prepared remediation cost estimates for removal of waste materials. Performed extensive regulatory negotiations in responding to comments. Managed $1.2 MM, RI/FS, RCRA Part B Subpart X Miscellaneous Unit Permit Application, Record of Decision (ROD) delivery order project for Investigation and Feasibility Study at a former 36-acre munitions destruction Open Burning/Open Detonation (OB/OD) Grounds. Project included geophysical surveys, UXO avoidance, collection and evaluation of over 450 soil, groundwater, surface water and sediment samples. Data used to delineate the nature and extent of heavy metals and explosive contamination. Conducted extensive ecological survey of aquatic and terrestrial habitats. Prepared comprehensive human health and ecological risk assessment. Developed site clean-up goals of 500 mg/kg for lead in soil and 31 mg/kg for lead in sediment. Evaluated numerous remedial alternatives for site closure. Prepared ROD for the selected alternative that included: removal of UXO to 4 feet. excavation and off-site landfill disposal of soil greater than 500 mg/kg, excavation and off-site disposal of sediment, 1-foot vegetative cover of soil with lead greater than 60 mg/kg, groundwater monitoring. Sd Prepared the RCRA, Part B, Subpart X, permit application. Negotiated permit requirements with NYSDEC. Prepared OB/OD Closure Plan. Evaluated all available stream, groundwater, soil and sediment sampling data. Performed year-long air monitoring study, including collection of meteorological data, and air modeling study to evaluate the possible effects of open burning and open detonation of munitions operations. Performed public health and ecological risk assessment of possible munitions demolition operations. Performed groundwater monitoring of units including statistical analysis of groundwater data to determine if release had occurred. Managed $300,000 remedial design delivery order for excavation, on-site stabilization, and off-site disposal of over 17,000 tons of lead and munitions contaminated soil and sediment at the 35-acre former OB area. Prepared detailed cost estimate using MCASES software and included provisions for Unexploded Ordnance (UXO) clearance. Design included: permitting, excavation and stockpiling of soil, diversion of surface water and excavation of lead contaminated sediment from adjacent Reeder Creek, on-site treatment of TCLP exceeding soil via mixing with a pug mill using tri-sodium phosphate sampling, testing for off-site disposal requirements, regrading and revegatation, demobilization routine monitoring reporting and final report. Managed $1.1 MM RI/FS, Record of Decision (ROD) delivery order project at a 40-acre former Ash Landfill Site. Project included: geophysical surveys, a soil gas survey, installation of numerous overburden and bedrock monitoring wells, collection and evaluation of aver 200 soil, groundwater, surface water and sediment samples. Data used to delineate the nature and extent of chlorinated solvent contamination in soil and groundwater. Conducted extensive ecological survey of aquatic and terrestrial habitats. Prepared human health and ecological risk assessment. Developed site clean-up goals for remediation of TCE-contaminated soil and groundwater. Evaluated numerous remedial alternatives for site closure. Prepared ROD for the selected alternative that included: removal and off- site landfill disposal of PAH-contaminated debris piles, 1-foot vegetative cover of soil over former Non-Combustible Fill Landfill, multiple Permeable Reactive Barrier walls to treat TCE-contaminated groundwater and long-term groundwater monitoring. Managed $2 million project involving teams of UXO specialists and geophysicists involved in detection and removal of ordnance at several sites totaling over 160 acres the depot. Work involved preparation of cost estimates, tracking progress of work, coordination of all staff and subcontractors. Prepazation of workplan and report detailing the location and type of ordnance that was uncovered. Prepared a risk analysis describing the potential threats due to the presence of ordnance. Supervised the design and oversight of a $6 million soil remediation project using Low Temperature Thermal Desorption (LTTD) to eliminate a two acre area that was contaminated with chlorinated solvents. This project involved the design, installation, operation and evaluation of a LTTD unit with off-gas control. Parsons ES estimated costs at approximately $6 million which was within 5% of the final vendor bid. This cost estimate was used by the Army as the Government's cost estimate during negotiations with the vendor. Responsible engineer for all phases for the design, procurement, installation, monitoring and report preparation of a Permeable Reactive Barrier (PRB) interceptor wall at the Ash Landfill site. The 650- foot long wall was designed to treat contaminated groundwater in a till/weathered shale overburden aquifer with zero valence iron. This project was one of the longest PRBs installed in the country and involved the use of a continuous trencher that simultaneously excavated soil and installed the reactive iron. Remedial design involved extensive 3-D groundwater modeling. Prepared engineering drawings for construction. Developed detailed cost estimate including subcontractor costs. Project involved one-year groundwater monitoring data collection and preparation of a final report. Project Manager responsible for the investigation of the former Construction Debris Landfill, the Non- combustible Fill Landfill, the Garbage Disposal Landfill and several smaller fill areas around the depot. Project Manager/ Lead Design Engineer responsible for the development of remedial alternatives and design report for LNAPL removal at the John F. Kennedy Airport for the New York Port Authority. Responsible for design of a LNAPI, recovery and groundwater treatment system for two jet fuel plumes. Evaluation of LNAPL recovery and emulsion-breaking pilot test data and vacuum extraction pilot test data. Design included two LNAPL recovery and groundwater treatment facilities for the Bulk Fuel Storage Area and the Satellite Fuel Storage Area. Treatment system included flow equalization, oil-water separators, residual oil-solids removal using continuous sand filtration, sludge thickening via dissolved air floatation, air stripping and discharge to permitted storm drain. Design involved recovery of LNAPL using two 1,500 foot long trenches with a hanging HDPE barrier wall to prevent migration of LNAPL and 17 high vacuum extraction wells. Prepared final design report providing layout of two (2) treatment buildings, layout for recovery trenches, layout for vacuum recovery wells, equipment sizing and layout and piping sizing and layout. Drawings included: site, civil, mechanical and electrical layouts. Project Manager responsible for the Evaluation of Groundwater Circulation Well (GCW) Technology at the Massachusetts Military Reservation (MMR) at Cape Cod MA for the Air Force Center for Environmental Excellence. Managed project involving a 6-member peer review panel tasked with the evaluation of groundwater data produced from a year long pilot study of Groundwater Circulation Well (GCW) Technology conducted at three (3) separate locations at MMR. Assembled all available groundwater data and provided expert peer review members with summary report of year-long pilot study of two types of GCW technologies, including the NoVOCs and the UVB GCW technologies prior to the on-site panel meeting. Participated in the week-long, on-site, panel review that provided technical review and recommendations of the pilot study. Prepared the final report, Groundwater Circulation Well (GCW), Technology, also known as Recirculation Well Technology (RWT), Evaluation at the Massachusetts Military Reservation (MMR) Cape Cod Massachusetts, June 1997, and presented the final recommendations of the panel to the MMR technical staff, the MADEP and the public. Design Engineer responsible for the evaluation of remedial alternatives for LNAPL removal for Sikorsky Aircraft in Stratford CT as part of the RCRA Corrective Action Program. Responsible for evaluation of LNAPL data and development of possible LNAPL recovery alternatives at the Fuel Calibration Area. Alternatives included two LNAPL recovery and groundwater treatment using oil- water separators and air stripping with discharge to permitted sanitary sewer. Design Engineer responsible for the evaluation of remedial alternatives for groundwater removal for Pratt Whitney Aircraft Engines in Middletown CT as part of the RCRA Corrective Action Program. Responsible for evaluation of groundwater data and development of possible groundwater recovery and treatment alternatives. Alternatives included groundwater recovery using submersible pumps and groundwater treatment using flow equalization, pH adjustment, oil-water separators and air stripping with discharge to permitted sanitary sewer. 56 Project Manager responsible for the preparation of RCRA closure and post-closure plans for several former lagoons containing metal hydroxide sludge for Wyman-Gordon metal forging plant in Grafton Massachusetts. Project Manager responsible for investigation and remedial feasibility anal}psis for two (2) former MGP sites for the Berkshire Gas Company. Projects included soil borings, monitoring well installation, and regulatory negotiations. Expert Witness Support for suit against Berkshire Gas that contaminants from a former MGP site located in Pittsfield MA had become commingled in a plume of PCB oil that was undergoing active remediation. Suit claim was for remediation cost sharing. Reviewed all LNAPL and soil data. Determined coal tar was commingled with PCB material and proposed an equitable split of cost based upon the unique characteristics of coal tar that were present. Project Manager responsible for the management of several tank removal and installation projects for several major oil companies, including Shell Oil and Gulf Oil. Typical projects involved tank pit dewatering, soil excavation and disposal. Mr. Duchesneau was responsible for the design and construction of several groundwater and soil remediation projects. Process designs included air stripping, carbon adsorption technologies, soil vapor extraction and bioventing. Project Manager responsible for risk assessments, consistent with the requirements of the MCP and for the performance and operation of dozens of soil gas surveys, involving sampling and field chromatographic analysis of shallow soil vapors to identify and delineate subsurface contaminant plumes. Project Engineer responsible for several CERCLA Remedial Investigations/Feasibility Studies (RUES) for EPA and private firms, including these NPL sites: the Charles George Landfill; Davis Liquid, Resolve and Iron Horse Park. Responsibilities included: design and implementation of various drilling operations, soil and groundwater sampling, performance and analysis of groundwater pumping and slug tests, soil gas surveys and treatability study evaluation of air stripping and carbon adsorption. Project Engineer responsible for the evaluation of the effectiveness of the Terra Vac vacuum extraction treatment system for soil decontamination for the EPA at a former gasoline station in Belleview FL. The project involved: the preparation of a Quality Assurance/Quality Control (QA/QC) plan, which was approved by the EPA and a final evaluation report. This report was the first independent evaluation of vacuum extraction by EPA that considered vacuum extraction an innovative technology. Fieldwork involved: establishment of a field laboratory, equipped with air sampling loop and a gas chromatograph for on-site analysis of the concentration of gasoline in the extracted air flow, collection of soil gas samples to determine the extent of soil impacts, collection of soil samples to confirm the effectiveness of vapor extraction, measurement of gasoline-air flows and system vacuums and temperatures. Project Engineer responsible for the design of a geotextile/geomembrane landfill cap at a seventy (70) acre, hazardous waste landfill. Project involved slope stability calculations, estimation of gas emission rates and leachate production. Project involved close coordination with EPA and the USACOE. Publications Duchesneau, M. and Feschach-Meriney, Paul, 1998; "A Case Study of Remediation of Chlorinated Solvents in Groundwater and Soil at a Former Ash Landfill, Seneca Army Depot Activity". In Proceedings, 2°d Annual Expo 1999 Conference, September, 1999, Atlantic City, New Jersey. ~~ Duchesneau, M., 1989. "Vacuum Extraction of Volatile Organics from Vadose Zone Soils". Proceeding, Third Annual Conference and Exhibition on Underground Storage Tank Management and Hydrocarbon Contamination Cleanup. Resource Education Institute, Sturbridge, Massachusetts. Duchesneau, M. and Mulica, W.S., 1988. "Use of Soil Gas to Rapidly Define Ground Water and Soil Contamination". Proceeding, Second Annual Eastern Conference and Exhibition on Real Estate Site Assessments and Environmental Audits. Resource Education Institute, Sturbridge, Massachusetts. Duchesneau, M. and Baddour, FR., 1988. "Soil Gas Sampling Technology: Applications and Limitations". Proceedings, National Solid Wastes Management Association, Boston, Massachusetts. Glynn, W. and Duchesneau, M., 1988. "Assessment of Vacuum Extraction Technology Application". Prepared for USEPA Risk Production Laboratory Office of Research and Development, Contract Number 68-0303409. Duchesneau, M. and Partridge, L.J., 1985. "Procedure for Evaluating the Allowable Metal Contaminant Levels in Landfilled Sewage Sludge". Proceedings, Environmental Engineering Conference, American Society of Civil Engineers, Boston, Massachusetts. :o Douglas R. Lowell Mr. Lowell has over sixteen (16) years of experience working in the field of environmental assessment, remediation and compliance with an emphasis on the remediation of petroleum and hazardous waste contamination resulting from leaking underground storage tanks. He has conducted/managed numerous contamination assessments, operational audits, property audits, Indoor air quality surveys and remedial actions. Mr. Lowell managed the decommissioning of large industrial facilities including profiling and arranging for the transportation, disposal of hazardous materials and lead abatement. He supervised the implementation of over thirty (30) soil and groundwater remedial designs. Education New England College, Henniker, New Hampshire Bachelor of Sciences, Environmental Science, 1987 Employment History CRB Geological & Environmental Services, Inc., Project Manager -October 1993 to March 1998; May 2002 to present Aids in the development of new business, serves as the liaison for clients and regulatory agencies, project management. and research, analyzes data and schedules and supervises field activities. Manages remedial projects such as the installation of treatment systems, soil excavations and the transportation and disposal of hazardous waste. Prepares technical reports including Contamination Assessment Reports, Remedial Action Plans, Phase I and Phase II Environmental Site Assessments and Indoor Air quality Surveys for clients and/or applicable regulatory agencies. Versar Inc., Project Manager -March 1998 to May 2002 Tasks included the management of projects, cost proposals, cost tracking, business development, project scheduling and preparation of Contamination Assessment Reports, Remedial Action Plans and Phase I Environmental Site Assessments/due diligence investigations. Project manager for the implementation of groundwater and soil remedial systems, underground storage tanks compliance programs and managed the profiling, transportation and disposal of hazardous waste. Metcalf & Eddy Pieco, Inc., Project Manager -October 1991 to October 1993 Responsibilities included management of projects, cost proposals, cost tracking, business development, project scheduling and preparation of Contamination Assessment Reports and Remedial Action Plans, Air Permit Applications, Phase I and Phase II Environmental Site Assessments. Groundwater Technology, Government Services, lnc., Geologist -December 1990 to October 1991 Responsibilities included the implementation of the State Administered Cleanup Program at sites in Miami-Dade and Broward County, Florida. Enviropact, Inc., Geologist -September 1988 to December 1990 Responsibilities included assessment and remediation of contaminated sites in Florida and Nevada. Other duties included environmental drilling, research, Phase II Environmental Site Assessments, remedial system design, vacuum extraction, site supervision of tank pulls. excavation, aquifer analysis, preparation of Remedial Action Plans and Contamination Assessment Reports. Served as liaison between government agencies and clients. 54 Selected Project Experience Performed assessment and removal of damaged building debris for several commercial buildings in Miami following Hurricane Wilma. Performed an indoor mold survey at each building. Performed assessment and removal of damaged building debris for a bank building in Miami following Hurricane Wilma. Performed an indoor mold survey. Completed a Phase I Environmental Site Assessment of several buildings at the Homestead Air Force Base after Hurricane Andrew. Performed several indoor air quality surveys focusing on mold. Surveys were performed on large apartment complexes during transactional audits. Provided recommendations to address mold related problems. Performed several indoor air quality surveys for residential clients. Managed and provided field oversight for the excavation and load out of land-filled materials, associated with an Air Force Base in South Florida. Reviewed development plans for a municipal landfill in North Miami. Recommended methane monitoring in areas where development was being proposed. Performed Phase I Environmental Site Assessments of a large tract of land in north Miami-Dade County. The land was being developed as an industrial park. The former landfill area was located on portions of the land. Conducted several Phase I audits for real estate companies, banks, and developers, required during property transactions. For sites where additional investigation was warranted, recommended and conducted Phase II Environmental Assessments. Prepared reports within aggressive time frames in accordance with industry and client-specific standards. Assessed and remediated an active gasoline station. Contamination was caused by leaking tanks and associated piping. Groundwater contamination migrated off-site and was assessed down gradient from the site. Excessively contaminated soil at the site was also assessed. Remedial action consisted of a soil vapor extraction and ground water pump and treat remedial system. Performed monthly compliance inspections of thirty gas stations in South Florida. Monthly inspections included monitoring wells, and other leak detection equipment. Conducted compliance audits of the underground storage tank systems at twenty active gasoline stations in the South Florida area. Recommended upgrades to maintain compliance with local, state, and federal regulations. Project Manager and on-site foreman for the removal of underground storage tanks at six (6) sites in Florida. Performed assessments during the removal of the storage tanks and completed tank closure assessment reports for all sites. ~n Project Manager for over twenty underground storage tank removals. Responsible for assessing the site during the taril: removal and preparing Tank Closure .Assessment Reports (TCARs). Managed the contamination assessments and remediation of tv~enty-seven (27) gasoline stations. Contamination was due to leaking tanks and associated piping. Remedial Actions consisted of soil vapor extraction systems and ground water pump and treat. Work was completed without affecting operations at the stations, which would have resulted in lost revenue. Completed installation of groundwater treatment system as part of the Florida Petroleum Pre- Approved Program. Manager of assessment and remedial activities of a chlorinated solvent plume confined in bedrock fractures. Installed a groundwater pump and treat system. The system was equipped with remote sensors and control units. Installed a groundwater treatment system to remediate a chlorinated solvent plume. The system was equipped with aproportional -integral -derivative (PID) control loop to maintain precise drawdown in the recovery and perimeter monitoring wells. Designed and supervised cleanup of a xylene plume using a portable air stripper. The plume was confined to a small area adjacent to the building. The implementation of an alternate procedure resulted in no permanent treatment system at the site and a significant cost savings. On-site project manager for the remediation of a transformer oil spill in Puerto Rico. The interior of a transformer vault was contaminated with polychlorinated biphenyl (PCB) containing oil. Repeated solvent washings and the scraping of residual material was used to remove the contamination. The vault was secured with two coats of epoxy. Designed and installed neutralization systems for a large clinical laboratory and a state college. Groundwater and soil contamination associated with the former systems was remediated. Prepared a contamination assessment report, remedial action plan and implementation of the remedial action pan for an industrial facility. Contamination by chlorinated solvents was documented to a depth of 85 feet. Remedial system consisted of a groundwater pump and treat system that discharged to an on-site recharge gallery. Managed all aspects of the system installation and startup. Maintained system and prepared quarterly reports to chart its effectiveness. Supervised the assessment and remedial activities of an entire block of downtown Miami, Florida, including a former dry cleaner and a gasoline station. Groundwater and soil samples were collected from an open pit within a boarded section of the building and outside the building to define the extent of contamination by trichloroethylene. Contamination by petroleum hydrocarbons was detected in both the soils and ground water at the site. Designed and implemented the construction of containment areas for above ground storage tanks at condominiums. The storage tanks were used to fuel emergency generators. Work was completed to minimize the disruptions to residents at the facilities. Aided in the design of a treatment system to address free floating product at a site underlain by muck. Free floating product as reported at the facility periodically in a large variety of monitoring wells. ~~ indicating that the product was likely trapped in the muck. Due to the presence of the muck, conventional treatment systems were not feasible. Design included the installation of large recovery trenches. Completed a contamination assessment and developed a Limited Remedial Action consisting of a pump and treatment system. Contamination was caused by a dry cleaner's operation at the shopping center. After the completion of the Limited Remedial Action, the site was approved for monitoring only, resulting in a cost and time savings to the client. Completed a Limited Remedial Action consisting of the removal of over 1,000 tons of contaminated soil. Contamination was caused by an on-site dry cleaner. Preliminary results suggest the site may be eligible for monitoring only. Supervised field activities at Miami International Airport. Field activities included the installation of monitoring wells and collection of groundwater and soil samples. Implemented pump tests and installed remedial systems. Supervised the decommissioning of an abandoned industrial site. Former owner left site without disposing of over 170 drums of hazardous waste. These wastes were characterized in accordance with RCRA regulations and segregated for proper disposal. On-site soakage pits were assessed and remediated. Managed the decommissioning of a large paint factory in Boston, Massachusetts. The work scope included the removal of sixty (60) aboveground storage tanks and fifteen (15) underground storage tanks. A total of 150,000 gallons of paint related waste were required to be characterized and properly disposed of according to federal, state and local regulations. Conducted a cleanup cost analysis of a large paint factory to determine value of property. Cost analysis was used to obtain an environmental cap insurance policy for the cleanup of the site. Completed Phase I/II audit of 50,000 acres of sugar cane fields, associated sugar processing plant, pesticide mixing area and forty (40) above ground storage tanks. Cost analysis of environmental conditions was used to determine the value impact to the property. Performed operational audits for several cruise lines. Based upon the results of the audits, several waste streams were reclassified resulting in cost savings for the client. Perform monthly review of analytical results for regulatory compliance. ~~ Robert C. Workman Mr. Workman is the manager of the South Carolina Division office, which was opened in 1998 in order to serve mid-Atlantic clients and facilities. Since 1993, he has performed numerous Phase I and Phase II ESAs across the nation and worked with clients during property transaction due diligence. Mr. Workman has participated in a broad range of projects and has extensive experience related to the design, installation and operation of groundwater remediation systems. His experience related to property development includes management of asbestos containing building materials, RCRA investigations, PCB remediation, UST removal and assessment, and soil and groundwater remediation. Education Covenant College, Lookout Mt., Georgia Bachelor of Science, Biology, 1993 Clemson University, Clemson, South Carolina Master of Science in Hydrogeology, Ongoing Professional Certifications South Carolina Certified Wastewater Treatment System Operator South Carolina Certified Class II Underground Storage Tank Rehabilitation Contractor South Carolina Licensed Building Asbestos Inspector & Asbestos Project Supervisor OSHA Health and Safety Certified for Hazardous Waste Operations, 29 CFR 1910.120 Asbestos Building Inspector: Accreditation under TSCA Title II/AHERA Asbestos Project Supervisor: Accreditation under TSCA Title II/AHERA Air Sampling & Analysis, NIOSH 582 Equivalent Certified Professional Affiliations National Groundwater Association Professional Experience CRB Geological & Environmental Services, Inc., Coral Gables, Florida October 1994-October 1996 -Field Scientist October 1996-January 1998 -Assistant Project Manager CRB Geological & Environmental Services, Inc., Greenville, South Carolina January 1998-Present -Project Manager & Division Manager Specific Project Experience Managed Phase I/Phase II ESA of a 6-acre fertilizer and chemical manufacturing facility in Nashville, Tennessee. Developed and supervised field sampling plan to evaluate risks identified during an initial site inspection. Evaluated acidic, caustic and inorganic groundwater contamination in sedimentary rock aquifer for potential remedial costs. Developed a site conceptual model based on use of property for over 100-years as a fertilizer manufacturing facility. Extensive contamination was characterized from the surface to depths over 100-feet. Provided buyer with recommendations for indemnification and purchase negotiations. Project management and supervision at a 5-acre UST remediation site in Gaffney, South Carolina. Developed and implemented a source area removal in order to reduce groundwater concentrations to acceptable levels. Identified geological factors affecting subsurface contaminant transport at site in order to effectively intercept dissolved phase and free phase petroleum compounds from an historic gasoline spill. Managed the characterization and remediation at a 30-acre manufacturing facility in Lenexa, Kansas. Designed and implemented site characterization plan after chlorinated solvents were reported at the site during property transaction. Up to 615 mg/L VOC was distributed over 20 acres including a residential neighborhood. Directed the installation of over 35 monitoring wells and 60 soil gas sampling locations at the site as part of a voluntary cleanup investigation. Provided regulatory correspondence and advocacy for client. Designed and implemented a vacuum enhanced groundwater recovery system for contaminant recovery and migration control in a sedimentary rock aquifer of the Kansas City Group. The remedial system was designed based on the results of a comprehensive site assessment which identified multi-phase contaminant transport, migration through fracture sedimentary rocks and off-site migration in a mixed-use commercial/residential area. High concentrations of chlorinated solvents were effectively recovered from adual-phase contaminant recovery trench. Treated groundwater was discharged to POTW through a special wastewater discharge authorization negotiated for the site. Project management of site characterization at a 280-acre textile facility and RCRA cleanup site, in Greenville, South Carolina. Produced updated Phase I ESAs for prospective purchasers of subdivided parcel during redevelopment of the property. Provided purchaser with evaluation of groundwater contaminant plume and ongoing remediation at site. Implemented a soil gas survey to delineate source areas of carbon tetrachloride and Dowtherm® heat transfer fluids at~ the site. Evaluated remediation performed by others on behalf of innocent party/purchaser. Managed series of national Phase I/Phase II ESAs during corporate acquisition by an international client. Site inspections, preliminary reporting and additional soil/groundwater investigations for seven (7) industrial facilities were successfully completed within a limited schedule to meet contract limitations. Managed redevelopment of a former industrial facility in Greenville, South Carolina. Performed project oversight, air monitoring, and documentation of pre-demolition activities during the redevelopment of the property. The asbestos survey required inspection of nearly 3,000,000 square feet of interior and exterior space. Friable and non-friable asbestos was identified and quantified in warehouse space, boiler rooms, air handling rooms, offices, tunnels and on industrial equipment. The project involved large- scale asbestos abatement, lead paint evaluation and abatement, and removal of PCB containing electrical equipment during the demolition of nearly 1,000,000 square feet of former industrial space. Oversaw the abatement of asbestos containing insulation and demolition of three (3) high temperature boilers at the facility. Designed and implemented site characterization plan after chlorinated solvents were discovered over 140-acres at an aerospace manufacturing facility Winston-Salem, North Carolina during property transaction. Up to 18 mg/L PCE was distributed over 40 acres and intersecting a nearby creek. Supervised the installation of over 30 monitoring wells at the site and developed asite-specific conceptual model of the hydrogeology at the site for use in a 3-D numerical flow and transport model. Provided client support during the implementation of a consent order that allowed voluntary action and reduced regulatory oversight for RCRA Corrective Action. Managed the design and implementation of a remedial action plan to capture groundwater at property boundary in the saprolitic shallow aquifer and crystalline bedrock aquifer with in-situ enhanced bioremediation and soil vapor extraction in the source areas. ~~ Performed over fifty (SO) asbestos surveys throughout Florida, North Carolina, South Carolina and Massachusetts at a variety of private and commercial properties including churches, residences, apartment buildings, an amusement park, bank buildings, warehouses, and manufacturing facilities. Performed asbestos inspections for a national department store at numerous store locations in North. Carolina and South Carolina. Later provided oversight in the design, compliance and performance of the abatement and replacement of asbestos containing material from active retail areas. Surveys included an occupied, fourteen (14) floor office tower in Boston, Massachusetts involving more than 12,000 linear feet of thermal system insulation. Developed staged removal plan for asbestos and an Operation & Maintenance Manual for the tower owner following abatement of friable and accessible asbestos containing materials. Designed layout and constructed high capacity, mobile, groundwater remedial systems for use during short term, economically sensible pump and treat remedial actions and aquifer analysis. Integrated piping and electrical layout was designed and installed for ease of operation, maximum component function, reliability and security. The mobile treatment systems are continually used for short term and long-term remedial projects throughout the southeast at manufacturing facilities, landfills, gasoline spill sites, dry cleaning enforcement sites, and remote spill sites. Implemented numerous extended pump tests and aquifer analyses in Florida, South Carolina, North Carolina, Kansas, Massachusetts, Connecticut, Tennessee and New Jersey. Pump tests included disposition of treated and untreated contaminated groundwater into constructed aboveground lagoons, storm drain systems, and mobile tanks. Extended pump tests included characterization of shallow, intermediate, and deep aquifers at depths up to 1 SO feet below land surface. Managed and implemented a series of nationwide Phase I/Phase II ESAs of multiple commercial sites in Florida, Georgia, New York, and Alabama for automotive dealerships. Environmental concerns identified in the Phase I ESAs were confirmed during Phase II ESAs and provided the client with reason to seek environmental indemnification or other liability protection prior to acquiring properties. Implemented the field activities for the characterization of an industrial site in Medley, Florida, which included the installation of over fifty (50) shallow and deep monitoring wells and soil borings. The site characterization successfully identified and delineated multiple contaminant plumes. Delineation of contamination at the site led to active remediation of groundwater and removal of two (2) large soakage pits and their contents. The installation of the soil borings and monitoring wells at the site included indoor and restricted access locations. Implemented site characterization and remediation of a 5-acre Brownfield site near, Boston, Massachusetts. Performed initial site inspection for a potential buyer and implemented scope of work for soil and groundwater investigation. Contaminated groundwater was identified in glacial till underlain by the impermeable Boston Blue Clay which required treatment to meet state risk-based standards. Supervised the excavation of nearly 20 underground storage tanks; removal of over 900 tons of contaminated soil; and nearly 500 tons of non-hazardous and hazardous waste. Short-term groundwater remediation and source material excavation was successful in reducing contaminant concentrations below action levels allowing redevelopment of the property and completion of a monitoring only plan. Managed groundwater remediation project ai a 6-acre manufacturing facility in Nutley, New Jersey. Performed maintenance and monitoring, and regulatory reporting on a recovery system for a chlorinated solvent groundwater plume; annual risk analysis related to groundwater and vapor ,~ exposure from site contaminants; regulatory review and regulatory correspondence. Recovery system included vapor extraction from trenches and wells and groundwater recovery from five recovery wells installed in shale bedrock of the Newark Basin. Contaminated groundwater was treated by air stripping and granular carbon and discharged to surface water or reinjected into the aquifer. Implemented characterization of a 5-acre abandoned automobile repair facility in Miami, Florida. Supervised installation of monitoring wells, soil borings; performed groundwater and soil sampling for laboratory analysis to characterize site situated near Biscayne Bay in the Miami Oolite shallow aquifer. Installed and maintained groundwater recovery for free petroleum product and dissolved groundwater contamination. Produced groundwater monitoring reports and data evaluation. Groundwater concentrations were reduced below cleanup guidelines allowing unrestricted use of the property by the landowner. Participated in field inspections and evaluations of remedial technologies implemented at Department of Energy sites at the Oak Ridge National Laboratory in Oak Ridge, Tennessee and the Savannah River Site in Aiken, South Carolina. The inspections included evaluations of remedial performance, hydrogeological influences and a review of innovative technologies applicable to organic, nuclear and inorganic soil and groundwater contamination. Implemented Phase I/Phase II ESA workplan at a 54,000-acre sugar farm in Broward County, Florida. Phase II fieldwork included the installation of over twenty (20) monitoring wells and soil borings in shallow and deep geological formations. Fieldwork included an aerial survey of farmland prior to drilling activities to determine the location of remote pump and fuel storage stations. Findings were provided to the property owner for transaction negotiations. Developed and implemented sampling strategy for Phase I/Phase II ESAs during due diligence phase of imminent domain property transactions in the Florida Everglades restoration program. Agricultural properties were surveyed and required assessment of historical use of petroleum, herbicides, pesticides and inorganic wastes. Supervised removal of contaminated soil, storage tanks, and machinery from numerous locations within a short timeframe to comply with acquisition obligations. DOCUMENTS TO BE SUBMITTED (PAGES 19-30 OF RFP) ~~ 7.1 REQUEST FOR PROPOSALS NO. 16-05/06; MIAMI BEACH COST SUMMARY FOR DISASTER DEBRIS MONITORING REQUEST FOR PROPOSALS NO. 16-05106 Miami Beach Cost Summary for Disaster Debris Monitoring CRB Geological and Environmental Services Inc. Directions : Respondent must provide this cost evaluation form upon submittal of proposal Personnel Number Days Hours Rate Labor Fee Expenses Field Inspectors 6 120 6969 $ 45.00 $ 313,605 $ 4,200 Project Manager 1 120 121 $ 120.00 $ 14,520 $ 4,200 Tower Monitor 1 22 774 $ 45.00 $ 34,830 $ 770 Data Entry 4 120 1440 $ 35.00 $ 50,400 $ - Field Coordinator 1 90 324 $ 85.00 $ 27,540 $ 3,150 DROMS Analyst 1 40 $ 120.00 $ 4,800 $ - Totals $ 445,695 , $ 12,320 Total Labor Fee: $ 445,695 Total Expense Fee: $ 12,320 Grand Total: $ 458,015 May 12, 2006 RFP No. 16-05!06 City of Miami Beach ZO of 33 7.2 REQUEST FOR PROPOSALS NO. 16-05/06; RISK-ASSESSMENT PLAN (RAP) (ALSO INCLUDED SEPARATELY AS SECTION 7.0) Presented under separate cover, as requested. ~~ 7.3 REQUEST FOR PROPOSALS NO. 16-05/06; ACKNOWLEDGEMENT OF ADDENDA REQUEST FOR PROPOSALS NO 16-05/06 ACKNOWLEDGEMENT 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- OS/06 Addendum No. 1, Dated April 2l , 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. 1 0, Dated June 5, 2006 Part II: No addendum was received in connection with this RFP. Verified with Procurement Staff Frederick R. Baddour June 9, 2006 Name of staff Date CRB Geological and Environmental Services Inc. June 9, 2006 ~ ~. ~~~(aConsultant =Name) (Date) 1, i ,ff , 1, ~~..._.~ _ ,_ 7.4 REQUEST FOR PROPOSALS NO. 16-05/06; DECLARATION ~~ DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this ~~` day of ,-, June. 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, with out 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, fo~j~the performance of all requirements to which the response pertains. The consultant states that the RFP No. 16-05106 Frederick R. B; following number: PRINTED CRB Geological and Environmental Services Inc TITLE (IF CORPORATION) May 12, 2006 RFP No. 16-05106 City of Miami Beach 23 of 33 SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 7.5 REQUEST FOR PROPOSALS NO. 16-05/06; SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES SWORN STATEMENT UNDER SECTION 2$7.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Miami Beach [Print name of public entity] By Frederick R. Baddour, PG [Print individual's name and title] For CRB Geological & Environmental Services Inc. [Print name of entity submitting sworn statement] Whose business address is 4573 Ponce de Leon Boulevard, Coral Gables, FL 33146 and (if applicable) its Federal Employer Identification number (FEIN) is 65-0324398 (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)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or service 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 guild, 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. on 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 Unite 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 executives, partners, shareholder, 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 warn statement. [Indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholder, employees, member, 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, shareholder, employees, member, or agents who are active in the management of the entity, or 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, shareholder, employees, member, or agents who are active in the management of the entity, or any 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 worn 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 1 M R UI FO T P BLIC ENTITY PRIORY TO ENTERING INTO A CONTRAC IN F AMOUNT PROVIDE DINT SECTION 287.017, FLORIDA STAY S O /SAT \ ANY CHANGE IN THE INFORMATIN CONTAINED INT HIS FORM / Sworn to and subscribed Personally known `~t ~ [Signature] E before me this day of ~U /1.2- , 2005 OR Produced identification Notary Public -State of ~~O(-; (~~ My Commission expires 9~0?/ / p ~ (Type of Identification) y~e~s~w- uv~a~ ~~`'*~ - Y, !?onwi/ deeps = E~pYw wt ~~~~ ~~ (Printed typed or stamped Commissioned name of Notary Public) May 12, 2006 City of Miami Beach RFP No. 16-05106 25 of 33 7.6 REQUEST FOR PROPOSALS NO. 16-05/06; QUESTIONNAIRE R7 Consultant's Name: CRB Geological & Environmental Services, Inc. Principal Office Address: 4573 Ponce de Leon Boulevard Coral Gables, FL 33146 Official Representative: Mr. Frederick R. Baddour, PG Individual Pa (Circle One) Corporation If a Corporation, answer this: When Incorporated: In What State: Florida I_f a Foreign Corporation: Date of Registration with Florida Secretary of State: (Not Applicable) Name of Resident Agent: Address of Resident Agent: President's Narne: Mr. Frederick R. Baddour, PG Vice-President's Name: Mr. Victor Rossinsky, PhD Treasurer's Name: Ms. Annette Casuso-Baddour Members of Board of Directors (Same as above) o~ Questionnaire (continued) If a Partnership: (Not Applicable) Date of organization: General of Limited Partnership*: Name and Address of Each Partner: Name Address *Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating A/E business: 15 years 2. Have any agreements held by Consultant for a project ever been canceled? Yes () No (K) 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: a~ Questionnaire (continued) 4. Has the Consultant or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put in to receivership? Yes () No (x) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person of 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 over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: None B. List all judgments from lawsuits in the last five (5) years None C. List any criminal violations and/or convictions of the Consultant an/or any of its principals: None 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (if none, state same.) None 8~ Questionnaire (continued) S. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any 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. No outside entities or consultants are involved with this proposal other than those on the CRB team. 86 Questionnaire (continued) The Consultant understands that information contained in this Questionnaire will be retied 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 IF INDIVIDUAL: IF PARTNERSHIP: By: IF CORPORATION: Print Name WITNESS: Signature ~C~t t' ~(,~. ~G- ~ ~ V ~, ~-(~ Print Name By: (CORPORATE SEAL) May 12, 2006 City of Miami Qeach Signature Print Name Print Name of Firm Address General Partner CRB Geological & Environmental Services, Inc. Print Name of Corporation Magical 8~ Environmental Services, Inc., President Attest: RFP No. 16-05/06 30 of 33 Attachment "F" FEMA Guidelines 19 Debris Management Contractin,~ and Monitoring 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 contractors are used to do part or all of the work, the Applicant must follow FEMA contracting guidelines to ensure maximum reimbursement for debris removal and disposal efforts. Acceptable Contract Types 1. Time and Materials -Cannot be used for more than 70 hours of actual work. This type of contract is usually used immediately after a disaster to mobilize contractors to start emergency removal efforts. These contracts should have a termination clause and anot-to-exceed limit for both time and costs. The contract should be terminated when the first of these limits is reached. 2. Unit Price - Is usually used when the scope of work is hard to define and is based on estimated quantities of debris. Unit price contracts are based on weight (tons) or volume (cubic yards). These contracts require close monitoring during removal, hauling and disposal to ensure accuracy. 3. Lump Sum -Should only be used when the scope of work is clearly defined and the areas of work can be precisely identified. Lump sum contracts establish one price for all work included in the contract. The price is fixed unless the scope of work changes. This type of contract is easy to monitor when the scope is well-defined. A pre-awarded contract for emergency services may be used if the contract was competitively bid and prices are comparable with established rates in the region. The contract issuer may be a jurisdiction or a regional operational authority. "Piggybacking" by using an existing contract established by another jurisdiction is not recognized by FEMA as an acceptable form of contracting. Cost plus a percentage, contingency contracts, and contracts awarded to debarred contractors are not allowed. Contract Monitoring/Debris Monitoring As a condition of the FEMA grant funding program, the Applicant is responsible for ensuring that the contract is properly monitored so that quantities and expenses are documented to substantiate FEMA funding. / Monitors should verify that debris picked up is eligible; measure truck load capacities; verify volumes or weights of debris in trucks; inspect pick-up areas, haul routes, temporary storage sites, and disposal sites; verify the contractor is working in assigned areas; and ensure other contract requirements are met. / The Applicant should train and deploy debris monitors to watch and document contractor activities. Debris monitors may come from the Applicant's full-time work force, temporary hires, or contracted 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 Con/rector manpower and equipment are actively used (limited to 70 hours). The Applicant can request debris monitor training from the State and Contracting Tips: / FEMA does not recommend, pre- approve, or certify any debris contractor. / Only FEMA has the authority to make eligibility decisions; contractors cannot make eligibility determinations. / FEMA does not credential any personnel other than official employees and Technical Assistance Contractor personnel. / Contracts should have awell-defined scope of work, specified costs, basis of payment, and delivery schedule. / Contracts must be competitively bid and have "reasonable" costs. / FEMA will participate in uniform practices of reimbursing mutual aid costs if a written agreement was signed prior to the disaster occurring. / Communities cannot guarantee a minimum number of hours for a time and materials contract. / For reimbursement, Applicants must be able to provide FEMA with documentation of competitive bidding, bid tabulation, contract monitoring including field monitoring of debris operations, quantity of debris handled, payment, and force account costs (if applicable). Contracting/Monitoring References FEMA 32i, Policy Digest FEMA 322, Public Assistance Guide FEMA 325, Debris Management Guide FEMA 329, Debris Management Brochure FEMA 9580.1, Debris Operations Job Aid FEMA 9580.4, Fact Sheet: Debris Operations Questions? Call the FEMA Debris Hotline, Orlando, FL at 11t07~58-4951 Attachment "G" Contractor's Risk Assessment and Quality Control Plan zo 7.0 RISK ASSESSMENT PLAN Risk 1 -Forecasting types of potential disasters. Impact -Debris type and quantity cannot be accurately estimated if not correlated to disaster forecast. Vulnerable priority areas, i.e. subject to flooding, are not identified. Solution -Establish a correlation between forecasted disaster and municipality preparedness, including evacuation staff needed and to identification of all priority building such as hospitals, nursing homes and special needs facilities on GIS mapping. Schedule -Saves 1-2 weeks of emergency and first responder crews. Cost - $1-2MM. Risk 2 -Estimating debris, quantities, and types of debris in specific disasters. Impact -Prevents improper equipment mobilization. Solution -Estimating types and quantities of debris allows for proper planning the number of crews and ensures proper placement of the required monitoring staff. Schedule - 24-72 hours. Cost - $0.5-1MM. Risk 3 -Scattered debris requires more staging and minimal quantities. Impact -Requires more debris staging and produces minimal cubic yard quantities. Causes conflict between Contractor and City and Contractor and Subcontractors. Solution -Add clause in the Debris Management Plan to allow for modification of the cubic yard rate adequate for reimbursement. Prevents downtime or standby costs while waiting for adjustments to contracts, negotiations, and signatures. Schedule -Prevents 72 to 100 hours of down time. Cost - $0.25-O.SMM. Risk 4 -Insufficient planning for TDSA or Disposal. Impact -Improper placement and scheduling of monitors delay of debris removal. Solution -Knowledge of the number of TDSAs for debris reduction will allow for proper placement and scheduling for the disposal monitors coordination with FEMA for inspections, observations and eliminate shut down due to permit issues. Schedule- 72 hours. Cost - $0.1-0.25MM. Risk 5 - Hazardous/Toxic Waste Storage Area for Residential and Commercial Drop-Off Impact -Improper placement of household and toxic waste and scheduling for the disposal monitors. Solution: Identify an area in the TDSA for the household/hazardous toxic waste. Identify cost effective disposal options. Eliminates safety hazard of exposure to community, potential fines and ensures FEMA reimbursement for the cost of maintaining a staging area for environmental hazards. Schedule -Prevents 1 week of delay. Cost - $0.5-1.SMM. Risk 6 -Inadequate planning for inspection towers Impact -Inadequate number and type of inspection towers hinder efficient operation, causing down time, trucks backing up and disruption of the flow of operations. Solution -Plan for adequate inspection towers to resolve truck capacity issues with key decision making individuals. Will identify and correct discrepancies of quantities, aid with solving field problems and promote teamwork. Schedule - Prevents a half day of delays and massive hours of truck time. Cost - $0.5-1.SMM. Risk 7 -Lack of debris management organization Impact -Staff without assigned roles, responsibilities and authority. No chain of command. Solution -Identify chain of command, in-house resources and support staff. Train City staff. Debris Manager to supervise Contractors and ensure debris removal operations are documented (for FEMA reimbursement), and to sign off on the truck certifications. 67 Schedule -Prevents 1 day to 1 week. Cost - $0.1-1.SMM. Risk 8 -Truck Certifications Impact -Insufficient staff assigned for truck certifications cause discrepancies between truck owners, Debris Contractor and/or City causing delays of operations and traffic hazards. Solution -Utilize one truck certification form (per FEMA), keep simple and have the City Debris Manager sign off certifications. Resolve discrepancies at certification time before truck is allowed to haul. Maintain truck certifications in one notebook with two copies (Contractor and FEMA copy). Designate trucks to be certified pre-storm event, based on the forecasted debris amounts, assign several truck certification teams to eliminate delays. Schedule -Prevents 2-3 days of delay and unnecessary waste of truck hours. Cost - $0.5-1.OMM. Risk 9 -Record Storage -Reconciliation Impact -Inadequate data tracking prevents reconciliation of tickets duplicating filing efforts for FEMA submittals. Delays reimbursement, FEMA approval and Contractor payment process. Solution -Maintain separate files for separate FEMA Categories A-G for submittals. Review invoices for completion and accuracy. Identify one location for the City's copies of the project daily tickets, ledgers and field notes to be organized and reconciled. Reconcile debris tickets at the beginning of every day. At disposal facility, verify the matched disposal ticket with the debris collection report. Reconcile tickets weekly (sorting by ticket number with each weeks tickets). Eliminates duplicate tickets avoiding paying for duplicates and to reconcile with the Disposal facility or County. Schedule - 4 weeks of data reconciliation and FEMA submittal preparation. Cost - $0.1-25MM. Risk 10 -Review Issues in Previous Disasters Impact -Operational problems from previous disasters are not identified, ensuring that similar problems will be experienced including inefficient monitoring, improper field documentation of completed areas, insufficient field contractor staff, inaccurate debris removed. Solution -Identify previous problems to identify delays of the project, reimbursement or with FEMA. Schedule -Prevents 1 - 7 days of repeated discrepancies. Cost - $2.0-2.SMM. VALUE ADDED OPTIONS OR DIFFERENTIALS (WHAT YOU WILL DO THAT THE OTHERS DO NOT) Item 1 A. Debris Management Planning: • Managing Debris Activities • Debris Contracting Procedures • Environmental and Historic • Debris Management Sites Considerations • Debris Forecasting and Estimating Impact Cost - $10,300 Schedule - 4 Weeks Items 1 B. Pre-Storm City Building/Facility Status/Provide GPS Coordinate System Impact Cost -Approximate $8,500 Schedule - 4 Weeks Item 2 . Disaster Administrative Services -FEMA Assistance: • Records Review and Updates • Recovery Process Documentation • Previous FEMA Records Review • Pre-Storm Planning Meetings Impact Cost - $5,200 Schedule - 4 Weeks 68 7.0 RISK ASSESSMENT PLAN Risk 1 -Forecasting types of potential disasters. Impact -Debris type and quantity cannot be accurately estimated if not correlated to disaster forecast. Vulnerable priority areas, i.e. subject to flooding, are not identified. Solution -Establish a correlation between forecasted disaster and municipality preparedness, including evacuation staff needed and to identification of all priority building such as hospitals, nursing homes and special needs facilities on GIS mapping. Schedule- Saves 1-2 weeks of emergency and first responder crews. Cost - $1-2MM. Risk 2 -Estimating debris, quantities, and types of debris in specific disasters. Impact -Prevents improper equipment mobilization. Solution -Estimating types and quantities of debris allows for proper planning the number of crews and ensures proper placement of the required monitoring staff. Schedule - 24-72 hours. Cost - $0.5-1MM. Risk 3 -Scattered debris requires more staging and minimal quantities. Impact -Requires more debris staging and produces minimal cubic yard quantities. Causes conflict between Contractor and City and Contractor and Subcontractors. Solution -Add clause in the Debris Management Plan to allow for modification of the cubic yard rate adequate for reimbursement. Prevents downtime or standby costs while waiting for adjustments to contracts, negotiations, and signatures. Schedule -Prevents 72 to 100 hours of down time. Cost - $0.25-O.SMM. Risk 4 -Insufficient planning for TDSA or Disposal. Impact -Improper placement and scheduling of monitors delay of debris removal. Solution -Knowledge of the number of TDSAs for debris reduction will allow for proper placement and scheduling for the disposal monitors coordination with FEMA for inspections, observations and eliminate shut down due to permit issues. Schedule - 72 hours. Cost - $0.1-0.25MM. Risk 5 - Hazardous/Toxic Waste Storage Area for Residential and Commercial Drop-Off Impact -Improper placement of household and toxic waste and scheduling for the disposal monitors. Solution: Identify an area in the TDSA for the household/hazardous toxic waste. Identify cost effective disposal options. Eliminates safety hazard of exposure to community, potential fines and ensures FEMA reimbursement for the cost of maintaining a staging area for environmental hazards. Schedule - Prevents I week of delay. Cost - $0.5-1.SMM. Risk 6 -Inadequate planning for inspection towers Impact -Inadequate number and type of inspection towers hinder efficient operation, causing down time, trucks backing up and disruption of the flow of operations. Solution -Plan for adequate inspection towers to resolve truck capacity issues with key decision making individuals. Will identify and correct discrepancies of quantities, aid with solving field problems and promote teamwork. Schedule - Prevents a half day of delays and massive hours of truck time. Cost - $0.5-1.SMM. Risk 7 -Lack of debris management organization Impact -Staff without assigned roles, responsibilities and authority. No chain of command. Solution -Identify chain of command, in-house resources and support staff. Train City staff. Debris Manager to supervise Contractors and ensure debris removal operations are documented (for FEMA reimbursement), and to sign off on the truck certifications. 67 Schedule -Prevents 1 day to 1 week. Cost - $0.1-1.SMM. Risk S -Truck Certifications Impact -Insufficient staff assigned for truck certifications cause discrepancies between truck owners, Debris Contractor and/or City causing delays of operations and traffic hazards. Solution -Utilize one truck certification form (per FEMA), keep simple and have the City Debris Manager sign off certifications. Resolve discrepancies at certification time before truck is allowed to haul. Maintain truck certifications in one notebook with two copies (Contractor and FEMA copy). Designate trucks to be certified pre-storm event, based on the forecasted debris amounts, assign several truck certification teams to eliminate delays. Schedule -Prevents 2-3 days of delay and unnecessary waste of truck hours. Cost - $0.5-1.OMM. Risk 9 -Record Storage -Reconciliation Impact -Inadequate data tracking prevents reconciliation of tickets duplicating filing efforts for FEMA submittals. Delays reimbursement, FEMA approval and Contractor payment process. Solution -Maintain separate files for separate FEMA Categories A-G for submittals. Review invoices for completion and accuracy. Identify one location for the City's copies of the project daily tickets, ledgers and field notes to be organized and reconciled. Reconcile debris tickets at the beginning of every day. At disposal facility, verify the matched disposal ticket with the debris collection report. Reconcile tickets weekly (sorting by ticket number with each weeks tickets). Eliminates duplicate tickets avoiding paying for duplicates and to reconcile with the Disposal facility or County. Schedule - 4 weeks of data reconciliation and FEMA submittal preparation. Cost - $0.1-25MM. Risk 10 -Review Issues in Previous Disasters Impact -Operational problems from previous disasters are not identified, ensuring that similar problems will be experienced including inefficient monitoring, improper field documentation of completed areas, insufficient field contractor staff, inaccurate debris removed. Solution -Identify previous problems to identify delays of the project, reimbursement or with FEMA. Schedule -Prevents 1 - 7 days of repeated discrepancies. Cost - $2.0-2.SMM. VALUE ADDED OPTIONS OR DIFFERENTIALS (WHAT YOU WILL DO THAT THE OTHERS DO NOT) Item 1 A. Debris Management Planning: • Managing Debris Activities • Environmental and Historic Considerations Debris Contracting Procedures Debris Management Sites • Debris Forecasting and Estimating Impact Cost - $10,300 Schedule - 4 Weeks Items 1 B. Pre-Storm City Building/Facility Status/Provide GPS Coordinate System Impact Cost -Approximate $8,500 Schedule - 4 Weeks Item 2 . Disaster Administrative Services -FEMA Assistance: • Records Review and Updates • Recovery Process Documentation • Previous FEMA Records Review • Pre-Storm Planning Meetings Impact Cost - $5,200 Schedule - 4 Weeks 68 Quality Assurance Plan The purpose of a rill: manaocment plan is to determine those fact~.~rs that couli.i have a negative impact on the City of 11.1iami Beach prir~r to, or during, a disaster. In order fo rninirnize the type i~f risks that otu• outlined in the Risk Assessment Plan, CRB has listed below the duality Ass~~u•ance ~(~A) activities that will be integrated in the City of Miami :Beach's emergency Mans. 1. Chain of Command The Project Manager and the FEMA Program Director/Debris Manager will meet with the City of Miami Beach to review the disaster recovery program. This includes review of: -the Chain of Command structure of both the City and the CRB emergency staff, -updating modifying if necessary the titles, roles, and responsibilities, and contact numbers, -identifying all subcontractors for Emergency Support Services (generators, lights, communications, Emergency Road Clearing/Debris Removal...), -Communications between Fire Department, Police, and Public Works. This Chain of Command will include assigning an assistant to the FEMA Program Director, to assist with interfacing with federal and state agencies. The Chain of Command structure will identify in-house resources and support staff that will provide critical "value added" support, if necessary. Logistics- Placement of Monitors is critical to the time, and cost effective completion of the Debris Removal, and Debris Reduction activities. Logistics of prioritizing, and scheduling placement of monitor staff will be coordinated with City of Miami Bch and Debris Removal contractor, pre-event (for planning purposes), and upgraded 48 hours prior to storm event, and daily during Debris Removal efforts. In the event a sporadic event occurs (Tornado), CRB will mobilize an assessment team, immediately upon verbal phone call request and authorization (followed up by a written work order authorization). 2. llleet With City to establish Temporary Debris Storage Area (TDSAs) or Disposal Areas for Hazardous/Toxic Waste Storage Adequate TDSAs, permitted for debris reduction, will allow for the proper placement and scheduling of disposal monitors and will also ensure proper coordination with FEMA for inspections and observations. This will eliminate possible shut downs due to permit violations. Each disposal area should also have the ability to identify eligible hazardous/toxic waste and should allow for separation of this material. This will eliminate safety hazards of exposure to the community, potential environmental fines, and ensure FEMA reimbursement for cost maintaining a staging area for the hazardous or toxic waste storage. 3. Meet With City to establish Standardized or Documentation Procedures CRB will verify data manaz~em~nt and stippr~rt to the City durin~~ the dis~lster recovery eff~:~rt. ~Ve ~•ill assist in the preparation of FEiUTA snbmittafs docwnent~ttion her reirnbursen~ient gt:~idelines. We will insure that debris collection, debris disposition, and all supporting data are in accord<<nce ~~-ith J~EM.A rein~bursemcnt requirements. During- tide planning mectin~T CRE3 and the City will dccid~ 4vho ~~•ill provide tht Debris P~emoval ticl<ets~ Debris Penioval Contractor, or CRB), the daily co lcction and separation ~rf the tickets, and the daily data entry and reconciliation procedures. 4. Multiple Record Storage Locations Identify one location for the City's copies of the project daily tickets, ledgers, and field notes to be organized and reconciled. 5. Inadequate Reconciliation Procedures Reconcile debris tickets at the beginning of every day. Tickets from the day before should be quickly reviewed for detail and readability while data entry is being performed. If debris is taken to a disposal facility, verification of the matched disposal ticket should be attached with the debris collection report. Reconciling the sorting ticket numbers on a weekly basis with each subsequent week's tickets locates possible duplicate tickets, thereby preventing the City from paying the contractor for duplicate tickets and allows the City to effectively reconcile with the Disposal Facility or County, if required. Identifying and correcting discrepancies with the cubic yard quantities will ensure the Debris Removal Contractor corrects any field problems quickly, promoting teamwork. 6. Lack of Adequate Inspection Towers Providing adequate inspection towers will ensure that the Debris Monitors, the Contractor, the City, or FEMA will be able to perform monitoring activities in a timely manner. This will provide for resolution of truck capacity issues with key decision making individuals, leading to a reduction of down-time, eliminating traffic back-up, and promoting the flow of the debris removal operations. 7. 'Truck Certifications Utilize one form (f'ol~r carbon copies), and have a City or C'RB rcln~esentative, autht~riz,e truck i;ertificati~:~ns. Disc~~epancies between the Truck ~.~wner, Debris Contactor, or Client will be resolved at the truck certification tir7~e before the truck is allowed to haul. Maintain truck. certifications in one notebooks separating FE?VIA, and City col,~ies. This ensures no loss c?f truck certificatir}ns. A lruc;k certification log ~~~ill be maintained as a quick refere~~ce ~umrnar}- of the tricks certified. Schedule. truck certification during Emergency Road Clearing ,and 72 hours prior to Debris Removal. Based on the Storm generated debris a mounts and the required crews/trracks assign several truck certification teams to elin~~inate line~e of (.rucks causing traffic hazards and allow the Debris Removal Contractor to com~Yrence Debris Removal quickly and effectively: ~. Revie~~ Issues from Previous Disasters Reviewing previous problems and issues, ~tllo~~-s the monitor contractor to correct the; inefficiencies that clela_yeci the project, delayed the reimbursement, or caused unnecessary prohlerns with FE11-TA. CRB will carefully examine records for itern.5 such as: contracts, invoicin~~ procedures, insufficient n~ronitoring, ar7cl daily field docur7rentation of coirrpleted~ areas, field contractor staff' present, debris quantities removed, problems, visitors..Maintaitung daily field notes, reviewing documentation and verifying invoices are a~rrect and consistent with the dail,~ notes benefits the Client with FEMA reimbursement criteria and supporting documentation.. The benefits of the RAP will lead to an increase in quality and performance by minimizing improper contracts, incorrect invoices and undefined activities. Proper monitoring including daily field documentation of completed areas, the number of field contractor staff present, the. quantities of debris removed and any projected problems will be documented. Maintaining daily field notes, reviewing documentation and verifying that invoices are correct and consistent with the daily notes will benefit the City with FEMA reimbursement criteria and supporting documentation. By reviewing previous problems from past events, the City will identify better ways to monitor contractors and minimize any item that may have delayed the project, delayed the reimbursement or caused unnecessary concerns with FEMA. Attachment "H" Form 1273 ~1 -~~ REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General .................................. . Pag1 II. Nondiscrimination .......................... ... 1 III. Nonsegregated Facilities ..... . .... . .......... ... 3 IV. Payment of Predetermined Minimum Wage ...... ... 3 V. Statements and Payrolls ............. . ....... ... 5 VI. Record o(Maledals, Supplies, and Labor ........ ... 5 VII. Subletting or Assigning the Conlracf .... . . . . . . . . .. . 5 VIII. Safely: Accident Prevention 6 IX. False Statements Concerning Highway Projects ... ... 6 X. Implementation of Clean Air Act and Federal Water Pollution Contra! Act . .................. ... 6 XI. Codification Regarding Debarment, Suspension, XII Ineli~ibilily, and Voluntary Exclusion .. Certificati n R di U C ... 6 . o egar ng se of ontract Funds for Lobbying ... ............... ......... ... 8 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) GENERAL 1. These contract provisions shall apply 1o all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superinten- denceand toall work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided forin each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Conlracf Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Conlracf 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 Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of .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; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Conlracf Provisions shall not be subject to the general disputes clause of this conlracl. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as sal forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontracfors)end the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor During the performance of this conlracl, the contractor shall not: a. discriminate against tabor from any other State, possession, or territory of the United Stales (except for emplvymenl prof erence for A palachian contracts, when applicable, as specified in Attachment A~ or b. employ convict labor for any purpose wthin the limits of the project unless tl is labor pedormed by convicts who are on parole, supervised release, or probalron. II. NONpISCRIMINATION (Applicable to all Federal-aid conslruclion contracts and to all related subcontracts of $10,000 or more.) -0) requirements not to discriminate and to take affirmative n assure equal opportunity as set (Drib under laws, executive rules, regulations (2t3 CFR 35, 29 CFR 1630 and 41 CFR 60) tars of the Secretary of Labor as modified by the provisions red herein, and imposed pursuant to 23 U.S.C. 140 shall rte the EEO and specific affirmative action standards for the tar's project activities underthis contract. The Equal Oppodu- islruction Contract Specifications sal forth under 41 CFR 60- !he provisions of the American Disabllilies Acl of 1990 (42 12101 el seg.) set forth under 28 CFR 35 and 29 CFR 1630 contract, the conlrac specific requirement a. The contractor will work with the Slate highway agency (SHA) and tfre 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 slalemeni: "Il is the policy of this Company to assure that applicants are employed, and that employees are healed during employment, wlthoul 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 Dfficer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibilityforandmust becapable of efieclively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responslbilily to do so. 3. Dissemination of Policy: All members of the conUaclor's staff who are aulhodzed to hire, supervise, promote, and discharge employees, or who recrommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will 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 lime the contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given o thorough indocldnalion by the EEO Officer, covering all major aspects of the contractor's EEO ohlipalions within Ihirty days following their reporting for 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 selling forth the contractor's EEU policy will be placed in areas rowdily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures In imple- ment such policy wit! be brought to the atlenlion of employees by means of maelings, employee handbooks, or other appropriate means. 4 Recruitment: When advertising for employees, Ole contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such adverlisemenls will be placed Form FHWA-1273 (Rae. 3-94) aoq~i in publicalioris having a large circulallon 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 agreement, conduct systematic and drrecl recruflmenl through public end private employee referral sources likely to yield qualified minority group applicants. To meal this requiremonl, 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 conlraclortor employment consider- ahan. b. In the event the contractorhas a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected In observe the provisions of Thal agreernenl to the extent that the system perrnils the contractor's compliance with EEO wnlracl provisions. (The DOL has held that where irnplernenlation of such agreernenls have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such irnplernenlalion violates Executive Order 11246, as amended.) c. The conlraclorwill encourage his present employees to refer minority group applicants for ernploymenl. Information and proce- dures with regard to referring minority group applicants will be discussed with employees, 5. PersonnelActfons: Wages, workingcondilions,andemployee benefits shall beeslablishedand adminislered,and personnelaclions 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 that working conditions and employee iacililies do not indicate discriminatory treatment of project site personnel. h. The contractor will periodically evaluate the spread of wages paid within each classliicalien to determine anyevidence ofdiscrimi- nalory 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. It the review indicates Thal the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d The contractor will prornpUy investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such com- plainls,and will lake appropriate corrective action within a reasonable lime. 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 investigation, the contractor will inform every complainant of all of his avenues of appeal. fi. Training and Promotion: a. The conlraclor will assist in locating, qualifying, and increasing the skills of nrinorily group and women employees, and applicants for employment. b. Consistent with the contractor's workforce requirements and ac permissible under Federal and Stale regulations, the contractor shall make full use of (raining programs, i,e., apprenticeship, and on-the-job (raining programs for the geographical area of contract pedormance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or (raining. to the event a special provision fortralning is provided under this con Iraq, this subparagraph will be superseded as indicated in the special provision. c. The conlraclor will advise employees and applicants for emplvymenl of available training programs and entrance require- ments for each. d. The conlraotor will periodically review the (raining anct promotion potential of mrnorfly group and women employees and will encourage eligible employees to apply for such training and promo- tion. 7. Unions: If the conlraclor relies in whole or in part upon unions as a source of umployees. the conlraclor wilt use hislher best eflods Io obtain the cooperation of such unions to increase opporhmilies for minorlly groups and women within the unions, and io effect referrals by such unions of minority and female employees. Actions by the contractor either directly or Through a contractor's association acting as agent w(II include the procedrres set lorfh bolow: a. Tho contractor will use best efforts to develop, in coopera- tion with the unions, joint (raining programs aimed toward qualifying more minority group members end women for membership in the unions and increasing the skills of minority group employees and women so that (hey may qualify for higher paying employment. b. The ronlraclar will use best efforts to incorporate an EEO clause into each union agreement to the end Thal such union will be conlraclually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and peiicies of the labor union excep! (hat to the extant such inforrnalion is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall sal fodh what efforts have been made to obtain such information. d. to the event the union is unable to wllha reasonable Ilowof rninorilyand women limit sal forth in the collective bargaining agr will, through independent recruitment effort vacancies without regard to race, color, religii age: or disability; making full efforts l0 0 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 obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately nolifv the SHA. B. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national odgin, age or disability in the selection and retention of subconiraclors, including procure- ment of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shell have equal opportunity -o compete for and perform subcontracts which the contractor enters info pursuant io this contract. The conlraclor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of OBE construction firms from SHA personnel. c. The conlraclor will use his best efions to ensure subcontrac- tor compliance with their EEO obligations. 9. Records and Reports: The conlraclor shalt keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained far a period of Three years fallowing completion of the contract work and shall be available a1 reasonable times end pplaces for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the conlraclor shall document the following: (1) The number of rninurily and non-minority group members and woman employed in each work classification on the project; (2) The progress and eflods being made in cooperation with unions, when applicable, to increase employment opporlunilies 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 of DBE subconiraclors or subconiraclors with meaningful minority and female represenlafion among (heir employees. b. The cvntraclors will submit an annual report to the SHA rage z Form FHWA-1273 (Rev. 3-94) 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 conlracf work. This rnfonnafion is to be reported an Form FHWA-1351, If on-the job h'aining is being required by special provision, the contractor will be required to collect and report (raining data. III. NONSEGREGATEb FACILITIES (Applicable Iv ail Federal-old construction conlracls and to all related subcontracts of $10,000 or more.) bmission of this bid, the execution of this conlracf or or the consummation of this material supply agreement order, as appropriate, the bidder, Federal-aid conslnrc- tor, subcontractor, material supplier, or vendor, as certifies That the firm Boas not maintain or orovide for t!s al any locaiion maintained, TF violation of the certifies that no on fhe basis of b. As used in this cerfificalion, the term "segregated lacililies" means any waiting rooms, work areas, reslrooms and washrooms, restaurants and other eating areas, limeciocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing lacililies provided for 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, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility overrido (e.g. disabled parking}. c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,OD0 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction conlracls exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General a. All mechanics 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 subsequent 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 Copeland Act (40 U.S.C. 276c)] fhe full amounts of wages and bona fide fhnge benefits (or cash equivalents thereof) due al lime of payment. The payment shall be computed al wage rates not less Than those contained in the wage delerminalion of the Secretary of Labor (hereinailer "the wage determination") which Is atlached'herelo and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcon- tractorsand such laborers and mechanics. The wage delerminalion (including any additional classi6calions and wage tales conformed under paragraph 2 of Ihts Section IV and the DOL ovsler f WH-13211 or Farrn FHWA-1895) shall t and its subconlraclors al thr accessible place where it can purpose of this Section. rot are consWered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 36, hereof. Also, for the purpose of (his Section, regular conlribulions made or costs incurred far more Ihan a weekly period (but not less often Than quaderiy) under plans, funds, or programs, which cover the particular weekly period, are doerned to be conslnrclivefyrnadeorincurred durin[~ such weekly poriod. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage delerminalion for the classihcalion of work actually podormed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. h. Laborers or mechanics performing work in more than one classification may be compensated at the tale specified Tar each classification for the lime actually worked therein, provided, that the employer's payroll records accurately sal iorih the limo spent in oach classifcation in which work is pedormed. c. All rulings and inlerpretalions of the Davis-bacon Acl and related acts conlamed in 29 CFR 1, 3, and 5 are herein incorporated by referonce 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. Tliecontractingofficershallap~roveanadditionalclassifica- tion, wage tale and Cringe benefits only when the following criteria have been met: (1) the work fo be performed by the additional classifica- tion requested is not performed by a ctasslllcallon in the wage delerminalion; {2) the additional classification is utilized in the area by the canslruction industry; (3) the proposed wage tale, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; end (q) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, lire laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage tale (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officerorwiil notify the contract- ingofficer within the 3D-day period that additional lime is necessary. d. In the event the contractor or subcontractors, as appropri- ate, the laborers or mechanics to be employed in the additional classifcalion or (heir representatives, and the contracting officer do not agree on the proposed classification end wage rate (including the amount designated for fringe benefits, whore appropriaie), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Adminislralor for delerminalion. Said Administrator, or an authorized representative, will issue a determina- tion within 30 days of receipt and so advise the contracting officer or will notify the coniracling officer within the 30-day period that 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. Wheneverlhe minimum wage rate prescribed in the coniracl 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 stated in the wage delerminalion or shall pay another bona fide fringe benefit or an hourly case equivalanl thereof. b. II the contractor or subcontractor, as appropriate, does not make pnymenls to a Trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anlicipaled in providing bona fide fringe benefits under a plan or program, provider/, that the Secretary of Labor has found, upon the written request of the conlracloi, that the applicable standards of the Davis-bacon Acl have been met. The Secretary of Labor may require the contractor to sal aside in a separate ae;c:vunl assets for fhe meeting of obligations under the plan or program. Form FHWA-1273 (Rev. 3-94) eAs~~ 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices nlicos will be permitted to work al less than the for the work They performed when Ihay are to and individually registered In a bona tide am registered with the DOL, Employment and tan, Bureau of Apprenticeship and Training, or ceship agency recognized by the Bureau, or if a in his/her first 9D days of probationary employ- e in such an apprenticeship program, who is no! ~ in the mm~rani. hul whn has hePn rertifierl by agency(wf inept as an (2} The allowabl employees on the job silt greater than the ratio parrot force under the registered f al an apprentice wage re employed as staled above, wage rate listed in the way, work actually pedorrned. In on the job Bile in excess of program shall he paid not I wage determination for lh contractor or subcontractor a locality other than that in r and wane rases fexnresser apprentices to journeyman-level craft classification shall not be conlraclor as to the entire work Any employee listed on a payroll ~ninalion for the classification of any apprentice performing work ~ permitted under the registered the applicable wage rate on the actually performed. Where a ming construction on a project in program is registeretl, the ratios anlages of the journeyman-level rr's or subcontractor's registered (3) Every apprentice must be paid at not ie: specified in the registered program for the apprer progress, expressed as a percentage of the journeym rate specified in the applicable wage determination shall be paid fringe benefits in accordance with the pr apprenticeship program. If the apprenticeship pros specify fringe benefits, apprentices must be paid the fringe benefits Iisled on the wage determination (or classification. If the Administrator for the Wage and determines Thal a different practice prevails for I with that (4) In the event the Bureau of Apprenticeship and Training, or a Stele apprenticeship agency recognized by the Bureau, with- draws approval of an apprenticeship program, the contractor or subcontractor will no longerbe permitted to utilize apprentices at less than the applicable predelerrnined rate for the comparable work perlorrned by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.1G, trainees will not be permilled to work al less Than the predetermined rate for the work periornied 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 Administration. (2) The ratio of trainees lojourneyrnan-level emptoyees on the job site shall not he greater Ihan permilled under the plan approved by the Employment and Training Administration. Any employee Iisled on the payroll at a Irainee tale who is not registered and padicipaling in a Training plan approved by the Employment and Training Administration shall be paid not less Than the applicable wage tale on the wage determination for the classification of work actually performed. In addition, any Irainee performing work on the job site in excess of the ratio permilled under the registered program shall be paid not less Ihan the applicable wage tale on the wage delerminahon for the work actually pedormed. (3} Every Irainee must be paid al not less Ihan the tale specified in the approved program for hisfher level of progress, expressed as a percentage of the joumeyman-level hourly rate specified in the applicable waye'delermmalion. Trainees shall be paid Iringe benefits in accordance with the provisions of the Irainee program. II the trainee program does not mention Iringe benetils, Trainees shall be paid the full amount of fringe benetils Iisled on the wage dclerrninalion unless the Administrator of the Wage and Flour Division determines the( (here is an apprenticeship program associ- ated with the correspondingjourneyman-level wage rate on the wage dnl©rminalion which provides for less Than full Iringe benefits for apprentices, in which case such Iralnees shall receive the same fringe benefits as apprenllces. (4) In the even! the Employment and !'raining Adminislra- lion withdraws approval of a training program, the contractor or subcontractor will nu longer be permitted to utilize trainees al less Ihan Ilre applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project II the helper classification rs specified and defined on the applicable wage determination oris approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll al 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 delermina- tinn for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT}: Apprentices and trainees working underapprenliceship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 ^f this Section IV. The straight time houdy wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permilled by the terms of !lie particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authored representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this conlracl or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much et 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 subcontrac- torthe toil 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 site of the work, all or part o(the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take 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 subconiraclor contracting for any part of the conlracl work which may require or involve the employment of laborers, mechanics, watchman, 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 fielshe is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay far all hours worked in excess of 40 hours in such workweek. fi. Violation: Liability for Unpaid Wages; Liquidalod Damages: In the event of any violation of the clause sal lorlh in paragraph ~ above, the contractor and any subconiraclor responsible thereof shall be Gable to the at(ocled employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United Slates (in the case of work clone under c:onlraci for the Dislricl of Columbia or a territory, to such Dislricl nr to such territory) tar liquidated damages. Such Liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employyed in violation of the clause set forth in paragraph 7, in the sum of Y14 tar each calendar day on which such employee wos required or permil- led to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause sal lorlh in g. Withholding for Unpaid Wages and Liquidated Da may es: F'age4 Form FHWA-1273 (Rev. 3-94) The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or couse to be withheld, from any monies payable on eccoun(o(work performed by the conlraclor or su6contraclor under any such conlracl or any other Federal conlracl with the same prime conlraclor, or any other Federally-assisted contract subject to the Contract Work Hours artd Safety Standards Acl, which is held by the same prime conlraclor, such sums as may be determined to be necessary to satisfy any liabllilies of such contractor or subcontractor for unpaid wages and liquidated damages as provided In the clause sal forth in paragraph ft above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to al I 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 Labor which are herein incarporaled by reference. 2. Payrolls and Payroll Records; a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subconlraclor during the course of the work and preserved for a period of 3 years from the date of completion of the conlracl (or all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working al the site of the work. b. The payroll records shall contain the name, social security number, and address of each such ernpleyee; his or her correct classification; hourly rates of wages paid (including rates o(conlribu- tions or costs anlicipaled for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Acl); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appala- chian contracts, the payroll records shall contain a notation indicating whelherthe employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer nr mechanic include the amount of any costs reasonably anticipated in orovidina benefits under a .plan or nnancrally responsible, that the plan or icated in writing to the laborers or m the cost anlicipaled or the actual cost it providing benefits. Contractors or subconlraclors employing apprentices ar trainees under approved programs shall maintain written evidence of the registration of apprentices and ira'rnees, and ratios and wage rates prescribed in the applicable programs. c. Each conlraclor 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 I1/, para- graphs 4 and 5, and watchmen and guards engaged on work duhng life preceding weekly payroll period). The payroll submilled shall sal out accurately and completely all of the information required to be maintained under paragraph 2h of this Section V. This information may he suhmilled In any form desired. Optional Form WH-347 is available for this purpose and may be purchased Irom the 5uperin- lendenl of Documents (Federal Block number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 204D2. The prime conlraclor is responsible for the submission of copies of payrolls by all subcontractors d. Each payroll submilled shall be accompanied by a "Slale- menl of Comphance," signed by the contractor or subconlraclor or hislher agent who pays or supervises the payment of the persons employed under the conlracl and shall certify the following: (1) Ihal the payroll far the payroll period contains the information required In be maintained under paragraph 2b of tiffs Section V and Thal surly inlmmalion is correct and complete; (2) Iha, 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 Thal no deductions have been made either directly or indirectly from the full wages earned, other Char permissible deductions as sal forth in fife Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid nnl less Ihat the applicable wage role and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage delermination incarporaled into the conlracl. e. The weekly submission of a properly executed cerlificalion set forth on Ifte reverse side of Optional Form WI~I-347 shall satisfy the requirement for submission of the "Slalemenl of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the conlraclor to civil or criminal prosecution under 18 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 (or inspec- tion, copying, or transcription by authorized representatives of the SFIA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the conlraclor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice Ie the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any tudher 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. Vl. RECDRD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices al railroad grade crossings, Those which are constructed on a force accountordirecllebor basis,highway beautificationeontracts, and contracts for which the total final construction cost for roadway and bridge is Tess than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific. materials and supplies contained in Form FHWA-47, "Slalemenl of Materials and Labor Used by Gonlraclor of Highway Construction Involving Federal Funds," prior to life commencement of work under this conlracl. h. Maintain a record of the total cost of all materials and supplies purchased for and incarporaled in the work, and also of the quantities of those specific maleriets and supplies listed on Forrn 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 Fenn FHWA-47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. Al the prime conlraclor's option, either a single report covering all conlracl work or separate reports for the conlraclor and for each subcontract shall be submilled. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization conlracl work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the cunUacl) of the total original conlracl price, excluding any specially items designated by the Stale. Specially items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original conlracl price before computing the amount of work required to be performed by the conlraclor's own organization (23 CFR G35). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime conlraclor and equipment owned or rented by the prime conlraclor, with or without operators. Such term does not include employees or equipntenl of Form FHWA-1273 (Rev. 3-94) nagc5 a subconlraclor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work Iha( requires highly specialized knowledge, abilities, or equipment no( ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and In general are to be limlled to minor components of the overall conlracl. 2. The conlracl amount upon which the reyuiremenls se( forth in ~ paragraph 1 of Saclion VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the conlracl provisions. 3. The contractor shall furnish (a) a competent superinlendenl or supervisor who is employed by the firm, has full authority to direct ~ perlorrnance of the work in accordance with the contract require- ments, and is in charge of all conslruclion operations (regardless of i who pertorms 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 f perormance of the conlracl. 4. No portion of the conlracl shall be sublet, assigned or otherwise disposed of except with the written consent of the SI1A contracting officer, or authorized represenlalive, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the conlracl. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all perlinenl provisions and requirements of the phme contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of This contract the contractor shall comply with all applicable Federal, Slate, and local laws governing safely, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment 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 safety of the public and to protect property in connection with the pedormance of the work covered by the contract. 2. Il is a condition of this conlracl, and shall be made a condition of each subconlracl, which the contractor enters into pursuant to this conlracl, 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 solely, 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 (QO U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, It is a condition of this contract that the Secretary of Labor or authorized represenlalive thereof, shall have right of entry to any site of conlracl pedormance to inspect or investigate the matter of compliance with the conslruclion safely and health standards and to carry out the duties of the Secretary under Saclion 107 of the Contract Work Hours and Safety Standards Acl (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable conslruclion in confor- mity with approved plans and specifications and a high degree of reliability on statements and represenlalions made by engineers, conlraclors, suppliers, and workers on Fedora{-aid highway projects, it is essential that all persons concerned with the project pedorm their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any lads related to the project is a violation of Federal law. To prevonl any misunderslandmg regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-Alp HIGHWAY PROJECTS 10 U.S.C. 1020 reads as tollows: "Whoever, being an officer, agent, or employee of the United Stoles, or of any Stale or Territory, or whoever, whethor a poison, association, him, or corporation, lurowingly malses any false stale- men(, false represenfalron, orlalse report as to the character, quality, quantity, or cost of fhe malaria! used or to be used, or the quantity or qualify of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, spectkcafions, contracts, or costs of construction on any highway or related project suhmlffed (or approval fo fhe Secretary of 7ransporiation; or Whoever knowingly makes any false sfalemenf, false represenla- fiun, false report or'(alse claim with respect to the character, qualify, quantify, or cost of any work performed or to be performed, or materials furnished or to be (umished, in connection with the construction of any highway or relofod project approved by the Secretary of Transportofion; or Whooverknowingiymakes any false sfalemenf orlalse representa- tion as fo malaria! fact in any statement, corif(cate, or repod submitted pursuant fo provisions o/ fhe Federal-aid Roads Act approved July 1, 1916, (39 Sfal. 355), as amended and supple- mented; Shall be lined not more (hat $10,000 or imprisoned not more than ,5 years or boll." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,OD0 or more.) By submission of this bid or the execution of this conlracl, or subconlracl, as appropriate, the bidder, Federal-aid conslruclion contractor, or subcontractor, as appropriate, will be deemed to have stipulated as tollows: 1. Thal 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 s~o ., as amended by Pub.L. 91-6D4), and under the Federal Water Pollution Control Acl, as amended (33 U.5.C.1251 et se ., as amended by Pub.L. 92-500 ,Executive Order 11738, and regulations in implementation thereof ~40 CFR 15) is not fisted, on the dale of contract award, ^n the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant l0 40 CFR 15.20. 2. Thal the firm ayrees to comply and remain in compliance with all the requirementsof Section 114 of the Clean AirAcland Saclion 300 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 Ihal a facility that is or will be utilized for the conlracl is under consideration to he I"rsled on the EPA List of Violating Facilities. 4. Thal llte firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to lake such action as the 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- tions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary padicipanl is providing the certification sal out below. b. The inability of a person to provide the cedificalion sal out below will not necessarily result in denial of participation in This covered lransaclion. The prospective participant shall submit an explanation of why it cannot provide the cerlificalion sal out below. The cerlificalion or explanation will be considered in connection with the department or agency's delerminalion whether Io enter info Ihis transaction. I-Iewevei, failure of the prospective primary padicipanl Io furnish a ceriilicalion or an explanation shall disqualify such a person from parlicipalion in Ihis lransaclion. c. The cerlificalion in this clause is a material represenlalion of tact upon which reliance was placod when the department or agency determined to enter into this lransaclion. II it is later deter- mined Ihal the prospective primary participant knowingly rendered an erroneous cerlihcalion, in addition to other remedies availahle In IhP Federal Government, the department or agency may lerminale Ihis nag~r. Form FI-IWA-1273 (Rev. 3-94) transaction for cause of default. d. The prospective primary parlicipanl shall provide immediate written notice to the deparlmenl or agency to whom this proposal is submitted if any lime the prospective primary participant learns That its certi(icalion was erroneous when submitted or has became erroneous by reason of changed circumstances. e. The terms "covorerl transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "parlicipanl," "person," "primary covered lransaclion," "principal," "proposal,' and "voluntarily excluded," as used in this clause, have the meanings se( out in the Uefinitinns and Coverage seclrons of rules implementing Executive Order 12549. You may contact the deparlmenl or agency to which this proposal is submitted for assistance in obtaining a copy of those reputations. L The prospective primary participant agrees by subrnilling This proposal Thal, should the proposed covered lransaclion be entered into, it shall not knowingly enter info any lower tier covered Lransac- tion with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from pariicipalion in this covered transaction, unless authorized by the deparlmenl or agency entering into this lransaclion. g. The prospective primary participant further agrees by submitting this proposal that ll will Include the clause tilled "Gedifica- lion Regarding Debarment, Suspension, Ineliglbllity and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency enleriny into this covered transaction, wilhoul modification, in all lower tier covered transactions and in all solicita- tions for lower tier covered transactions. h. A participant in a covered lransaclion may rely upon a certi(icalion of a prospective parlicipanl in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntadly excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which It determines the eligibllily of tts principals. Each participant may, but is not required lo, check the nonprocuremenl portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocuremenl L'tst) 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. 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. j. Except for transactions authorized under paragraph i 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 padicipalion in this lransaclion, in addition to other remedies available to the Federal Government, the department or agency may terminate this lransaclion for cause or default. Certification Regarding Debarrnenl, 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 Iront covered Transactions by any Federal deparlmenl or agency; b, Have not within a 3-year period preceding this proposal been convicted of or had a civtlJudgemenl rendered against them for commission of fraud or a criminal offense in connection with oblaln- ing, attempting to obtain, or performing a public (Federal, Slate or local) lransaclion or contract under a public lransaclion; violation of Federal or Stale antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, Stale or local) with commission of any of the offenses enumerated in paragraph 1b of this cerlificafion; and d. Have not within a 3-year period preceding this appllca- lion/proposal had one or more public Iransaclions (Federal, Stale or local) terminated for cause or default. 2. WFtere the prospective primary parlicipanl is unable to certify to anyof the statements in This certification, such prospective parlicipanl shall attach an explanation to This proposal. 2. Instructions for Certification-LowerTierCovered7ransac- tions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification sal out below. b. The certification in this clause is a material representation of tact upon which reliance was placed when this lransaclion was entered into. If it is later determined [hat the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the depad- menl, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c, The prospective lower tier parlicipanl shall provide immedi- ale written notice to the person to which this proposal is submitted if al any lime the prospective lower tier participant learns that its cedilicalion was erroneous by reason of changed circumstances. d. The terms "covered lransaclion," "debased," "suspended," "ineligible," "primary covered lransaclion," "padicipanh" "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings sal 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 regulations. e. The prospective lower tier parlicipanl agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered lransaclion with a person who Is debarred, suspended, declared ineligible, or velunlarily excluded from participation in Iltis covered lransaclion, unless aulhoriz_ed by life deparlmenl or agency with which this lransaclion oriyinaled. i. The prospective lower tier parlicipanl lurlher agrees by submitting This proposal Thal it will include This clause tilled "Cerlifica~ lion fdegording Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tiur Covered Transaction," wilhoul modification, in all lower tier covered transactions and in all solicitations for lower tier covered lransachons. g. A parlicipanl In a covered lransaclion may rely upon a cerlificaliun of a prospective parlicipanl in a lower tier covered lransaclion Thal is not debarred, suspended, ineligible, or voluntarily excluded Iron the covered lransaclion, unless it knows Thal the cedilicalion is erroneous. A parlicipanl may decide the method and Form FHWA-1273 (Rev. 3-94) ""nc ~ frequency by which it determines the eligibility of its principals, Each parlicipanl may, but is not required lo, check the Nonprocuremenl Lis(. i h. Nothing contained in the foregoing shall be construed to require establishment o(a system of records in order to render in good faith the certification required by Ibis clause. The knowledge and information of partiripanl 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 authorizer) under paragraph e of ~ ~ Ihese instructions, if a parlicipan! in a covered Iransaclion knowingly enters info a lower tier covered lransaclion with a person who is suspended, debarred, ineligible, or voluntarily excluded from parlicipalion in this Iransaclion, in addition toolherremediesavailable to the Federal Govemmenl, the department or agencywith which This ' Iransaclion onginaled may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tler Covered Transactions: 1. The prospective lower tier parlicipanl certifies, by submission of this proposal, that neither it nor its prrncipals is presently debarred, suspended, proposed for debarment, declared ineligible, or volun- tarily excluded from parlicipalion in this Iransaclion 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 parlicipanl shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable Io all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective parlicipanl certifies, by signing and submitting this bid or proposal, to the hest of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of fhe undersigned, to any person for influencing or allernpiing 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 cantracl, the making of any Federal grant, the making of ony Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal cantracl, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or atternpliny to influence an officeror 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete end submit Standard Forrn-LLL, "Disclosure Form to Report Lobbying," in accordance with its inslruclions. 2. This certification is a malarial representation of fact upon which reliance was placed when this transaction was made or entered into. Submission o(this certification Is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to fife the required certlFication shall be subject le a civil penalty of not less than $10,000 and not more than $i 00,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shell require that the languagge of this certification be included in all lower tier subcontracts, whrch exceed $100,000 and Ihat all such recipients shall certify and disclose accordingly. rage u Form FHUJA-1273 (Rev. 3-g4j ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance o1 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 labor area as designated by the DOL wherein the conlracl work is situated, nr the subregion, or the Appalachian counties of the Stale wherein the contract work is situated, except a. To the extent that qualified persons regularly residing in the area are not available. 6. For the reasonable needs of the conlraclor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the conlracl work. c. For the obligation of the conlraclor to offer empioymenl to present or former employees as the result of a lawful collective bargaining contract, provided That the number of nonresident persons employed under (his subparagraph 1c shall not exceed 20 percent of the total number of ernplayees employed by the contractor on the conlracl work, except as provided in subparagraph 4 below. 2. The conlraclor shall place a jab order with the Stale Employ- ment Service indicating (a) the classifications of the laborers, rnechanics end other employees required to pedorm 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 pertinent information required by the Stale Gmploy- manl 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 suhrnilled by the contractor in the original job order is suhstanlially modified, he shall promptly notify the Stale Fmploymenl Service. 3. The conlraclar shall give full consideration to all qualified job applicants referred le hint by the Stale Fmploymenl 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. If, within 1 week following the placing of a job order by the contraclorwith the Stale Employment Service, tho Stale Fmploymenl Service is unable to refer any qualified job applicants to the conlrac- lor, or less than the number requested, the Stale Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shalt be made a part of the contractor's permanent project records. Upan receipt of this certificate, the rontracfor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1 c above. 5. The contractor shall include the provisions of Sections 1 Through 4 of this Attachment A in every subcontract for work which is, or reasonably may he, done as on-srle work. Farm FHWA-1273 (Rev. 3-9A) n,aPs r~ U.S.Deparlrncnl o(Transportalion Federal Highway Administrption September 2, 2006 Mr. Denver J, Sh-tler, Jr., P.E. Secretary of Transporf:ation Florida Department of Transportation Tallahassee, Florida Dear Mr. Stotler: Attention: Mr. Ananlh 1'rasad Subject: Emergency Relief (ER) Program Requirements 545 John Knox Road, Suite 200 Tallahassee, Florida 32303 (850) 942-9650 In Itchly Itcl'cr'ra: H('O-FL The purpose of this letter is to e[arify the FHWA's requirements for emergency and permanent ER projects, and the docutncntation required for ~ detailed damage inspection reports (DDIR's). As requested by the :FDOT Federal-aicl OfCce we are 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 hutTicanes resulting in substantial reimbursement from FHWA's emergency relief program, for both emergency and permanent repairs totaling aver $1.5 billion. Due to the unprecedented impact of these storms on the FHWA, the FDOT and local agencies, we were 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. Erner~encY Repairs Emergency repairs are those repairs during (meaning after landl~lll) and immedial:ely following a disaster, which can begin immediately without FHWA's prior approval. Permanent repairs require FI-IWA revie~~+ and apprm+al prior to contract advet'tisen~ent. To be eligible for emergency repair the work performed must always meet one oI~ the following three corldilions: I . To restore essential trai'fic 2. To minimize the extent oI'the damage 3. To protect the remaining facility :.,~ ~. ~~ ~ dry. r I!~ c ~ '~~ _UUG r. ..,~~„ - - I~u~. ~~ Ru;~c~ uP ~~ ~I/ I~------f ~. Mr. Denver .i. Stutter, .ir., P.E September 12, 2006 Please note that based on current ER guidance, safety is not a consideration to justify emergency J'Cpalr WUI'1C. DDIR Documentation' For future eligible ER events, iI'the performance of the emergency repair work has started, FI=IWA will require a copy of the contract and prices at the time a DDIR is written. The contract and other back up material should be made available to our Transportation Engineer, and ~~il] be aitac.hed to the DDIR al. that tithe. Our expectation is that there should not be a request to write a DDIR for ongoing work, without having the conl:raet documents available to FHWA staff. For permanent work the DDIR will be written without this documentation, because the work will not be underway and will be performed following normal procedures. Contract Reguirements• 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 far both emergency and permanent restoration i}~pes of projects, These requirements camiot be waived just because there is a State or FEMA emergency declaration. FHWA Fonn 1273, titled Standard Federal-aid Provisions, must be physically incorporated (not referenced) into all prime and subcontractor contracts. 2. Davis-Bacon Wages Act; refer to http://~~-ww th~~fa dot Gov/constnrctron%cgtt'dbacon 17h]] 3. Buy America 4. Disadvantaged Business Entetpriscs (DI31;) 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: 1. Emergency repair projects under the >/R Program must corrrply wil:b the requirements of the National Environmental Policy AcC (NEPA). Ne~oti<<ted or solicited contracts are allowed for emergency work, but their use should be n~atiulized. Sorge type of competitive bids are the preferred rmethod. 3. Regardless of the contract rmethocl, them. should be documentation on how contracts are negotiated, solicited, or openly bid. Mr. Denvcr.l. Stutler,.lr., I'.E September ] 2, 2006 Pcrmanen( work is handled just like a rwrnlal federal-aid project, but can be expedited so long as thL 1'Bglllreillell(S al'C lllet. 1'ernlallent 1'clJtlll'S 1'egllli'e I'1-1~1jA i'eVICW alld ilppl'OVill ]11 aCIVanCe Of• COntl"aCl ad VertlSL'lllellt. A detailed E11g1]]eCl'~S CStllllate alld COI]lpetltlVe b1Cls are required like on normal federal-aid projects, but the use oPabbreviated plans, a shortened advertisement period, etc; are appropriate depending on the scope of the work. State and Local Force Account: The Tit-IWA .Form 1273 and Davis Bacon provisions do not apply to state and local employees performing ER work by farce account (actual cost of~labor, equipment and materials). A public in(erest finding is not required for emergency work, but is required if state or local employees perform pernrulen(work. Use of ,Dint Participation A~rccmcnts (.1PA's) or Local Agency Program (LAP) Agreements The hH WA has previously agreed to accept the use of JPA's for the performance of emergency work. Local agencies must be LAP certified to perfol-tn permanent work. if you have any questions, please contact Mr. Chris Richter at 942-9650. Sincerely, /s/ .I. Clu•is Richter For: David C. Gibbs Division Administrator Enclosure cc: Mr..Tames .lobe, IiDOT (MS-2l ) .ICR:a~~~u bc: CR. 5G. RC S:TcchSyslcroslG'R rcgs forconU;icls ~C DDIR's.cloc File: ~t06 Emergency Response and Recovery Training .; Contract Requirements ^ All Fed-Aid rules apply to contracts (ER & PR) Advedlsemenl period '~•. ;. FHWA Form 1273 ~~"'' .standard Federal-aid provisions physically incorporated Into all contracts -not referenced .1273 nal included =work not eligible Innovative Contracting Methods Davis-bacon Labor Ralas _ Disadvanlayed Business Enterprises (DBE) "Americans wllh Disabllilies (ADA) Acl / :.: Buy America (slee!) ~, .a NO convict labor ,~^' '~ti .Design Standards: FDOT Standard Specifications ~ Environmental NEPA Issues/Process "0"e" Guidance in September 12, 2DDG letter to FDOT ~• ~.+.~~ ~LL.r...~.._......,_..._... ,... ~~ Contractual Methods Emergency Repairs :~ Competitive bid ~~ Solicited Contracts ~: Negotiated Contracts :_ Farce Account Pre-even) contracts (competitively bid -debris only) r: Jainl Pariicipalion Agreements Permanent Restorations ,-: Competitive Bid Coniracts -normal F.A. requirements Local Agency Program (LAP) Agreements (Certification Required) „~,~ ,• Davis-Bacon Act Davis-Bacon and Related Acts (DBRA) ^ Provisions do not apply to state or local government agency employee in-house 'force account' work ^ Provisions do not apply where the onl work in a contract is debris removal ^ Provisions DO apply if dehris removal is performed in conjunction with anY construction, alteration or repair work vr,~.~, J ,~ ,~'t' '' 25 ACORD CERTIFICATE OF LIABILITY INSURANCE OPID D DATE(MMlDDlYYYY) CRBGE-1 O8 28 OB PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BUTLER, BUCKLEY, DEETS INC . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6161 BLUE LAGOON DR. , STE 420 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MIAMI FL 33126 Phone :305 -2 62 -0086 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A'. xudeon Specialty Insurance Co i l l INSURER B'. Technology Insurance Company 41483 CRB Geo og ca 6 Environmental Services Innc. INSURERC TRAVELERS INDEMNITY CO. 8744 SW 33rd Street Miami FL 33176 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTHSTANDING ANY REOUIREM ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU&IECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMlDDlYY DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 3 000,000 A X COMMERCIAL GENERAL LIABILITY FEC7OO2318 03/23/08 03/23/09 PREMISES Ea occurence $ 50 000 CLAIMS MADE ~ OCCUR MED IXP (Any one person) $ 5 , 000 $5,000 LIABILITY DE PERSONALBADVINJURY $3 000,000 CONTRACTORS POLLU $10 , 000 DEDUCTIBLE GENERAL AGGREGATE $ 3 , 000 , 000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-C.OMPlOPAGG $ 3,000,000 POLICY JEC LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT E $ 1 000 000 ~ i C X ANY AUTO BA1905L805 04/07/08 04/07/pg ( a aaident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-0WNED AUTOS V (Per accident) / ~ PROPERTY DAMAGE ~ (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ~'~C $ AUTO ONLY: AGG $ EXCESSft1MBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ' TORY LIMITS X ER B EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/IXECUTIVE TWC3151082 12/02/07 12/02/06 E.L. EACH ACCIDENT $1 000 000 ~ ~ OFFICERlM EM BER IXCLUDED? E.L. DISEASE - EA EMPLOYE $ 1 , OOO , OOO If yes, describe under SPECIAL PROVISIONS below E.LDISEASE-POLICY LIMIT $ 1 000 ODO OTHER A PROF. LIABILITY FEC7002318 03/23/08 03/23/09 EACH CLAI 3,000,000 CLAIMS MADE $10 000 DEDUCTIBLE AGGREGATE 3 000 000 DESCRIPTION OF OPERATIONS 7 LOCATIONS! VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS TEN (*10) DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT. CERITICATE HOLDER IS TO BE LISTED AS ADDITIONAL INSURED. RFP #: 16-05/06 COPrMIAB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 30 SHALL CITY OF MIAMI BEACH 17 00 CONVENTION CENTER DRIVE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR MIAMI BEACH FL 33139 REPRESENTATIVES. ~G 13~~~,