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2. 05/16/2007 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 7, 2007 TO: Dave Koppel, County Engineer Engineering Division FROM: Pamela G. Hanc~ Deputy Clerk LY At the May 16, 2007, Board of County Commissioner's meeting the Board granted approval to award Hurricane Debris Monitoring and Disaster Related Services and authorized execution of an Agreement for Consulting Services between Monroe County and Beck Disaster Recovery, Inc. for same. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any qm:stions please do not hesitate to contact this office. cc: County Attorney Finance File"" AGREEMENT FOR CONSULTING SERVICES for Hurricane Debris Monitoring and Disaster Related Services Jf/ K! This Agreement ("Agreement") made and entered into this _day of 2007 by and between Monroe County, a political subdivision of the State of Florid whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND Beck Disaster Recoverv. Inc . a corporation of the State of Washinqton, whose address is 800 N. Maqnolia Avenue, Suite 400. Orlando, FL 32803 its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for Hurricane Debris Monitoring and Disaster Related Services; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing hurricane debris monitoring services and program management services, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS, AND TERM OF AGREEMENT By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT will prepare documents under this Agreement in accordance with industry standards and in a manner consistent with local, state, and federal reimbursement requirements known at the time; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The effective date of this agreement shall be 5/; & /dODr-; , The term of the agreement shall be for a five (5) year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT for one (1) additional five (5) year period at the same terms and conditions with approval from the COUNTY'S Governing Board. Such extension shall be in the form of a written Amendment to the AGREEMENT executed by both parties. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSU L T ANT'S Scope of Basic Services consists of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in the form of a task order and must contain a description of the services to be performed, and the time within which services must be performed. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. David S. Koppel, P.E. Monroe County Engineer '1100 Simonton Street, Room 2-215 Key West, Florida 33040 And: Mr. Thomas Willi Monroe County Administrator '1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Charles M. McLendon President 800 North Magnolia Avenue, Suite 400 Orlando, FL 32803 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and are as follows: A. Providing services of CONSULTANTs for other than the previously listed consulting scope of the Project provided as a part of Basic Services. 13. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. 13. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Consultant's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME Jonathan Burqiel Nathanial Counsell Wade Kilpatrick FUNCTION Princjpal-ln-Charqe Enqaqement Director Project Manaqer So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment B. 7.1.2 Rates shown in Attachment B are inclusive of reimbursable expenses, except for airfare, which will be billed to the County at the Consultant's Cost. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expense of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTYs Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, attachments A, B, C, D and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES II person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSUL TANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE,INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. 9.29.1 Davis-Bacon Act - In accordance with the Davis-Bacon Act, the CONSULTANT or their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at: www.access.qpo.qov/davisbacon/fl.html under Monroe County. 9.29.2 Americans with Disabilities Act of 1990 (ADA) - The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal govemment issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.29.3 Disadvantaged Business Enterprise (DB E) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.29.4 Convict Labor - The convict labor prohibition in 23 U.S.C. 114 applies to emergency repair projects. Convict labor cannot be used in emergency repair construction projects. 9.29.5 FHW A Form 1273 is attached hereto as Attachment C and made a part of this Agreement. 9.29.6 The requirements of 23 CFR Part 635.410 Buy America Requirements are attached hereto as Attachment 0 and made a part of this Agreement. HEREOF, each party has caused this Agreement to be executed by its duly ~ ntative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By:~A}~ Date: MAY 1 6 2007 o z >- ::u z 0("')-'''- -< N IlEENE W CA SEl n?"r- ASSISTANT COUNTY ATTORNEY;:: o::?~. ate '--/'J-tJ'Y' :;;=;;0:" '1or ---" ,- ......~_.- '1' )"-'" r ~ >- Ban. ~ii Title:President/COO (Seal) Attest: CONSULTANT BY: Betty Title:ExeC ...., ... ... ..... '- c:: :z: I ...... :bo ::x 9? ,f:'" ,f:'" .." r- ,., o ~ '=' ::':0 ;0 '".., C) C) ::0 CJ END OF AGREEMENT Hurricane Debris Monitoring & Disaster Related Services Monroe County, Florida 6)JBECK (../ DISASTER RECOVERY,JNC ~..~ ""l ~ ~,BECK j DISASTER RECOVERY,INc. December 12,2006 Judith R. Steele P.E. CIO Monroe County Purchasing Department I 100 Simonton Street, Room 1-213 Key West, FL 33040 Subject: Response to Request for Proposals - Hurricane Oebris Monitoring and Disaster Related Services Dear Ms. Steele: Beck Disaster Recovery, Inc. (BDR), a subsidiary of R. W. Beck, Inc., is pleased to provide the following response to Monroe County (County) Request for Proposals to provide disaster debris monitoring services to the County. The County seeks the services of a debris management firm to assist in a number of areas including providing oversight and management of debris recovery contractors, facilitating communication with FEMA, FHW A, NRCS, and otber federal agencies, and other services as needed. The BDR team is committed to providing these services and supporting the County in preparing for and responding to a (ti~aster event. We believe the BDR team can provide the County with end-to-end solutions to its pre- and post-disaster management and consulting needs. We feel strongly that BDR is the firm of choice to provide disaster program management and monitoring services to the County for the following reasons: .. Understanding of County ExpectationsINo I.earning Curve: BDR provided debris monitoring services to Monroe County following the impact of four major hurricanes in 2005. As a result, we understand the expectations and needs of the County, including the necessity for strong coordination with the Florida Department of Transportation, the State and Federal due diligence required to document the removal of displaced vessels, and necessary documentation for safe and eligible disposal of hazardous materials. BDR also has a unique understanding of Monroe County's limited disposal space, and will work to find operationally feasible disposal options throughout the State of Florida. . Multiple Florida Ollices: The BDR learn currently maintains Florida offices in Plantation, Miami, West Palm Beach, Orlando, Tampa, and Pensacola. Our local presence will provide the County with immediate access to monitoring personnel. !II Experienced Project Management Staff: The BDR team includes several key management staff with professional experience in Monroe County. This team is familiar with County decision makers and protocols. The County's familiarity with the BDR leam will facilitate an expeditious recovery effort that maximizes reimbursement opportunities. II Proven Capabilities in Providing Disaster Debris Management and Reimbursement Services: BDR has been providing disaster management, recovery and reimbursement services to local government clients throughout the Southeast for over 15 years. Current BDR clients include the Cities of Tampa, Orlando, FI. Lauderdale, Hollywood. Plantation, and Cooper City, Florida; the J:\SS\Proposals\.\-tonroe Monitoring '(\6 (I ,1iJ:\..\.n)'Cmcr I-<.::!(~r,doc 800 N. MAGNOLIA AVENUE, SUITE.me, ORLANoa. Fl 12803 t .107.803.5700 f 407,30].5701 .-_.._~--~ _._,---_..----_.~~-----_.- _.__._-~~_.. ..~-_..---~-----~- _.._----_....--~ bcckdr .com Ms. Judith R. Steele P.E. December 12, 2006 Page 2 Counties of Miami-Dade, Monroe, Collier, Orange, Charlotte, Sarasota, Polk, Lake, Seminole, Santa Rosa, and Escambia, Florida; Gulfport, Mississippi; and multiple communities in the Southeast, Gulf and Texas region in response to the 2004/2005 hurricane seasons. In the last two years alone, BDR has mallaged the recovery effort for Ilearly 50 millioll cubic yards of debris 011 behalf of over 35 public sector cliellts, These recovery efforts have resulted ill excess of $1 billion in F EMA reimbursable costs to our cliellts, We have managed projects in respunse to every hurricane making landfall in the U.S. during 2004 and 2005. · FEMA Reimbursement Experts!Washington D.C. Lobbying Support - BDR maintains a staff of reimbursement experts that have been successful in obtaining reimbursement for over $1 billion of debris related costs. Moreover, we are able to obtain IIp-frollt fllnding from FEMA for our local government clients - greatly redllcing the need for ollr clients to drain general fllnd reserves or draw on credit lines. Finally, BDR has retained the services of Dan Craig, former FEMA Director of Response and Recovery and Jim Schumann, former FEMA Director of Legislative Affairs, in Washington D.C. to further assist BDR clients maximize reimbursement from FEMA and to obtain favorable interpretation of FEMA reimbursement policy. As a result, the County can be assured of maximizing recovery from FEMA in case of a disaster. '" Nations Largest Staff of Debris Management Experts: BDR maintains a full time staff of over 85 disaster recovery experts and has access to over 1,800 trained staff throughout the Southeast on call to assist in the event of a disaster in Monroe County. We also make an effort to hire locally, in many cases hiring and up to 90% of our field staff from the local community and providing them extensive training to serve as field monitors. By doing so we employ many of the temporarily displaced workers impacted by the disaster and help restart the local economy. We look forward to the opportunity to again work with Monroe County and provide the high quality service BDR clients have come to expect. If you should have any questions regardi'ng this response, please fcel free to contact me at (407) 803-5700. Sincerely, BECK I>ISASTER RECOVERY, lNC. ~, ./ ! .-/ I ,/. 1/ ,/./ '-_ffrT-vCiJ<-..---I",,-fl~;'(L- / . ( . / .- Johathan J. Burgiel j Chief Executive Officer Letter of Transmittal SECTiO>l Executive Summary... ......... ....................................... ........ .......... ........................ 1 Relevant Experience .................... ............................. ..... ........... ......... .................2 . Experience Matrix Past Periormance on Similar Projects..................................................................3 . Letters of Reference Project Approach.................................... ............................... .............................. 4 Staffing for Project & Qualifications of Key Personnel.......................................... 5 Litigation............................................................... ................................................ 6 Cost Summary ....................... ............................... ................................................ 7 County Forms ..... ............ .............. ......... ................. ............ ............................. .....8 COPYrlght@ 2006. bY Bock Disaster Recovery. Inc. ALL RIGHTS RESERVED Unaulhorized duplication, disclosure or distribution is prohibited. T-1BL..E Beck Disaster Recovery, Inc.'s (BDR) experience in disaster field monitoring and management services dates back to 1989, when BDR assisted clients in the Caribbean and South Carolina recover from the effects of Hurricam, Hugo. In the 16 years since then, BDR has assisted over 35 clients recover from the damaging cffects of tropical storms (Sarasota County, Florida- Tropical Storm Isabelle in 2001), floods (Terrebonne Parrish, Louisiana resulting from Hurricane Lily in 2002 as well as Waveland, Mississippi from Katrina. 2005). and hurricanes (multiple clients in Florida, Mississippi. and Texas region in response to the 2004/2005 hurricane seasons) across the United States and its possessions. BDR has successfully managed all phases of debris removal and associated reimbursement efforts. including the removal of and reimbursement for over 43 million cubic yards of debris as well as the demolition of over 3,000 uninhabitable residential structures. We have assisted local governments in obtaining over $1 billion in reimbursed funds from federal agencies such as FEMA and the Natural Resource Conservation Service (NRCS - for waterways clean-up). In total we have successfully performed over 50 projects similar in nature to the services requested by Monroe County. Of the 50+ projects BDR has managed, no less than 12 have involved the collection and disposal or recovery of over I million cubic yards of debris, with the largest project consisting of over II million cubic yards (EscambialPensacola following Hurricane Ivan) and 2 million cubic yards of sand screening on beaches. Our ability to efficiently manage large recovery efforts ensures Monroe County an expeditious recovery for the community from the damaging effects of a major hurricane. In order to provide objectivity in the monitoring of debris haulers, BDR works exclusively for local governments in responding to disasters. This approach differentiates BDR from other monitoring firms that assist both local governments and private sector debris haulers. BDR works only for the public sector. Our conscious decision and commitment to work only for the public sector ensures Monroe County that no conflict of interest exists between BDR and the private debris hauling organizations that the County has selected. ,~;~l""~ ili~'-".::tor qn....,...,\.'::::.r,; ,w;QjrT,; --,~-,,"\ G,,_r:l......,...., r ,'~V__I~, j ,1'",,,-,,.1 ')::CTJC>. "1 EX:: .\ . ~ Beck Disastlilr Recl:lvery KEl SEj\,JEFiTS ~ Extensive Monroe Couney experience. Hurricanes Dennis. Katrina. Rita and Wilma Knowledge of Monroe County's disaster hauling/processing contracts: Seasonsed veteran staff' with FEMA work experience } Extensive large: projec.t experience . 12 pro/ect$ > t mH110n cubic yards )" O~r.$I~mic)ilFEMAreimbursement ~perjen(:e . Ropid mobilization capability , IOO_ln<43ho..... . SOO+staflIn5~ , LarJllS' _In FIo.lda- 1,800 on call . 43 mllll<lli cubic yords of hurricane debris """""once We are also careful not to over commit our staff to ensure we can meet the needs of all of our clients. All of our clients from the recent storm seasons have provided only the highest level of feedback on the quality of service they received from BDR. As mentioned above, BDR has grown to a staff of over 85 full time professionals with and over 1,8oo trained staff on call - many of which located along the COPYrlghl@2006. by Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. 1.1 Southviest coast of Florida from OUf recent work in the area. As a result. \\10 have a full complement of staff that can be counted on to be ready to mobilize in the event of a significant storm event in or around Monroe County, Some of our comprehensive services are listed in the table below, , BOR has extensive experience in aa aspecl$ of debris monitoring including truck certification, , zone and map development, ticket preparation, toWer monitoring. and FEMA reimbursement assistance. ; BOA staff recenUy managed the ROE programs in Harrison County (1.15), the City of Gulfport " (MS), the City of Wave1and (MSj, and the City of Naples (FL) including public communication, . efJgibjli\y revieiN. property surveys. monilllring. and other ROe selVicas. O\Jr ROE experience , initialed the FEIM reimbUrsabie demolillon and/or debris removal of over 3,000 residential " piopertles. ", Fonnulation of debris volume llnd debris removal oontractcosi ass&S$IlI8I\l$. .... ... ,..... . .'.' . - .'J., ,.' ....-'., .....' "." ..,' .......-- ,,--.""."...'-,..".":":':'.:.' ::....::--;--:..::.:- ,.....,... ...... ".:'.....:": '."- . V,oiumetric measurement of incoming loadS and lil:kel auIhoritation and completion. has monitorectend managed mime debris removal operatlons throughout the eastem Un~ States: Our experienCe inprovldlng OIIr cllents with turnkey waterway rie remOval pI~ _us a~ fromoor CCl'npelllo~ . nilias ill cornptyillg with eU legal requirements fOr l8l1lOVing and . of vehlcles-and boaIS. ,pr~ aDd m~nt of ha\!lef COI.lracts andenforcernent. : ,Tfcket data en!Iy and quality conllol and quality assurance. ,Hauler invoice review and approval alter recoilcilietion with databage. BOR has processed well , QV8Il million load lil:kets, representing upwards of $1 ,000,000.000 in debris removal ecUvilias. . ,In the last two years alone. BOA' has assisted cllenl$1n preparilg ploject worksheet&. appeale, . elIl. assoc1a1ed with over $1 billion in reimbursement from varlous slale and federal agencii!S. , BOA has developed a variety of emergency preparedneas plani including emergency op8Ialions plans. contiluity of operalions plans, sile-speciflC emergency response plani, crisis plans, Iogislic:s plans, standard operating guidee and hazard mitigation plans. . BOA conducts sx8ICises 10 test the etfectivenass of emergency plans and provides em8lgency management training of all levels. j"'J".'. ,\.~;-.j!-'0 '-"nrJ F- ('.'::lrla.:....?' ,."f c'.n:'.'~"::,(~i"'.'! !\(',-~"~ :10-' r\li'.Jh,tj..J0-'" ':1 ,-" __'i-'0 ,l..,rI,Ci;;:! ,~, '-,....\';j""'J] M':jc;l'(~..-,,:, C"t..-tf" '2 f'"_--.j __.~; Q~" " r.'...... v..d.~ i;j. 1-':;1.;8;,;11 i J"J~}ai!<)~ -S,)Ui(S:S 2.l'!j ~={8j(rbur:)2!Y:':':i-':' BDR has significant experience with federal, state, and local emergency agencies and programs. as well as funding sources and reimbursement procedures, As part of uur work for the Cities of Naples, ft, Lauderdale. Orlando, Pensacola. Boca Raton, and Monroe, Miami-Dade. Santa Rosa, Collier Lake, E.scambia, and Polk Counties, BDR sraff was intimately involved in all aspects of federal, state and local agency coordination and associated programs including funding sources and reimbursement procedures. 1-2 Copyright@2006, oy Beck Disaster 8ecovery. inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to ciVil and criminal penalties. BDR worked closely with FEMA staff in the determination of debris eligibility, data requirements, project worksheet development, and auditing of load ticket information and reimbursement requirements. This included providing st<:p-by-step assistance to clients throughout the FEMA reimbursement process. We have worked closely with clients to maximize reimbursement from state and federal agencies including completing documentation and assisting FEMA staff in field audits to ensure maximum recovery for our clients. To date we have assisted our clients in receiving approximately $1 biUion in FEMAfunds. '::,' ".' -L}'~ ,'" . " We worked closely with the Escambia and Collier County to obtain funding from the Natural Resources Conservation Service (NRCS), a division of the United States Department of Agricultural under the Emergency Watershed Protection Program - to attain funding for clean-up costs associated with debris removal from inland waterways. We have, and continue, to work with clients to obtain matching funds from their particular state to further reduce the amount of direct costs incurred by local governmental clients. Our experience in expediting reimbursement is unparalleled in the Southeast. We believe we can assist the County in a similar capacity - in either disaster preplanning activities - or in reimbursement associated with past and future storm events. Understanding of FEMA Debris Management and Reimbursement Policies In order to maximize public assistance for our clients, BDR maintains a professional working relationship with the Federal Emergency Management Agency (FEMA) at the Federal, Public Assistance Officer, Proj"ct Officer, and Debris Sp<:cialist Level. Constant communication and interface with FEMA allows BDR to obtain quick response on Disaster Specific Guidance such as stump removal, leaning tree and hanging limb removal, beach re-nourishment, and debris removal on private roads and private property. In the 2004 and 2005 storm seasons alone, FEMA promulgated new policies on stumps and leaning trees that resulted in the de-obligation of funds to many communities throughout parts of the Gulf Coast and Florida. BDR's close working relationship with FEMA staff has helped avoid such costly de-obligations and maximize reimbursement to our clients. BDR uses debris estimate models and expert damage assessment to supply FEMA Public Assistance and Project Officers the information needed to generate Project Worksheets estimates at the beginning of a debris removal project. By assisting FEMA staff in the preparation of Project Worksheet estimates at the onset of the project, BDR is able to begin the flow of federal funds early in the project - many times prior to the actual receipt of invoices for the work performed by contractors - limiting the need for clients to tap into limited cash reserves or credit lines to pay contractors and then have to wait, in some cases for a year or more for FEMA reimbursement. BD!? /~.JS -'f,e): ";ni~(">'']i :;'~.;,Ij~ :~.i~/'f ~c;k,c! ------------------' Moreover, BDR also maintains stafting in Washington D.C. to assist in the reimbursement of funds for our clients and to obtain favorable interpretation of, many times, vaguely worded FEMA regulations and policies. Spedal BDR staff members Daniel Craig, FEMA's National Director of Recovery and Response until October 2005 and Jim Schuman, FEMA's previous National Director of Legislative Copynghl@2006, 'y Beck Disasler Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. 1.3 Affairs, are retained by BDR on an ongoing hasis to help facilitate the reimbursement process and ohtain clarification on FEMA polici~s that ar~, many times, difflcult-to-impossible to obtain from on-the-ground FFMA personnel with limited understanding of FEMA policies and regulations. Our data management and document storage procedures are tailored to facilitate FEMA r~view for the generation of Project Worksheet Versions throughout the project. BDR has successfully attained reimbursement in excess of $1 billion on behalf of our clients throughout Florida, Mississippi, and Texas over the pa.st two years. Our FEMA Appeals and Funding Specialists have worked with FEMA Closeout Officers to attain millions of previously de-obligated dollars for communities in South Florida, The Panhandle, and Mississippi. In the field, BDR operations managers and field supervisors intimately understand FEMA rules and regulations, for hand-loaded vehicles, stump, limb, and tree removal at unit rates, volumetric load calls at disposal sites, and Right-of-Way debris removal eligibility. This allows us monitor contracts to the highest level of detail while concurrently managing and documenting the operation using proven methodology that mal<imizes FEMA reimbursement. Understanding of Florjda Department of TransportatiDn (FOOT) Ce'oris ~ilana.ge:r:en~ P;Jk;es and Regulat;ons In an emergency situation, The Florida Department of Transportation, like the County, has an obligation to clear and remove storm generated debris that poses an imminent threat to public health and safety. BDR recommends that the County and FDOT establish clearance and debris removal assignments of responsibility in writing. FDOT roads consist of Federal Highway Authority (FHWA) On-System and FHWA Off-System road segments. Historically, FDOT has maintained debris clearance and removal responsibilities for Federal and State Roads. However, many FHWA Off-System road segments run through residential areas of the County. The County may want to take responsibility for debris removal on these segments in order to e,'pedite residential recovery, better service the community, and mal<imize debris removal control within County lines. Proper documentation of this assignment of responsibility is critical. FDOT receives 100'k reimhursement from FHWA for debris removal operations performed during first pass. Subsequent passes are reimbursed by FEMA at the disaster specific federal share. Proper documentation and exet.:uteu agreements ensure that costs associated with debris removal on FDOT roads are billed hack to, and reimbursed by, the proper entities. FHWA guidelines are not the same as FEMA guidelines for debris removal eligibility. BDR understands the FEMA and FHWA differing guidelines for debris removal and management and can greatly help the County avoid the unnecessary pitfalls many communities unintentionally fall into that result in out-of- pocket costs typically covered by FEMA and FHWA. These pitfalls range from lack of mutual aid agreements between the County and FDOT to differing methods for recording debris loads in the field. 1.4 Copyright@ 2006. by Beck Disaster Recovery. :nc. Confidential: This document is considered a trade secret and any misappropriation may be subject to CIvil and criminal penalties, l~nj;3('3t1nJ!;lI~ D2pajt;--;'~nt of i--/~8r,~gc0i(2nt ?C:'iC'i.jS-:iiyJ ,Qi3g!Jia.ticns FDEPl Ds:)ns BDR works closely with the Florida Department of Environmental Protection during recovery operations to ensure that all TDSRS locations are environmentally compliant. Though sites can be pre-qualified for probable permitting, TDSRS sites cannot receive emergency temporary FDEP permits and approvals until Federal and State Emergency Declarations are issued. BDR disposal specialists perform thorough inspections with FDEP Representatives to ensure that the location is on an acceptable elevmion, outside watershed basins, and environmentally suitable for debris reduction. Appropriate soil testing is performed to serve as a baseline for review of site remediation. After the remediation of the TDSRS, BDR assists FDEP in the review of remediation and close-out of temporarily permitted sites. BDR also manages sand recovery and debris removal operations to ensure that strict environmental compliancy is upheld, and endangered plants and animals are protected. -,'),::,;;> 'J >:;:~ 2C(<. C'i'l ,-,'.' ",.' )i'.} r<:: c-"'.,,'_' '-'1'-' :?'DP r;:': mc:;t ~:rs -' -" '. - { F-;";;FH6r; ::'::i}:";T Understanding of Occupational Safety and Health .tdmimstration (OSHA) Regulations All BDR Project Managers have completed the OSHA Disaster Site Worker course and have their 10- hour Construction Safety Certification to ensure safe and effective operations. During a debris recovery operation, BDR Project Managers and Supervisors routinely examine the safety of collection and disposal operations with the authority to shut down unsafe operations. All disposal monitors are equipped with the appropriate Personal Protective Equipment which may include: hard hats, steel-toe boots, reflective vests, hearing protection, and eye protection, to ensure a safe work environment. BDR Project Managers conduct regular "tail gate" safety sessions with their field employees to alert them of potential work hazards and review safe work practices. ln addition to OSHA trained Project Management, BDR has OSHA certified trainers on staff. These trainers are mobilized to oversee safety/hazard communication and train field supervisors and employees. BDR also has ability to evaluate TDSRS site operations to ensure they meet OSHA standards such as grinding equipment set back a minimum pre-determined distance from residential structures. Copyright@2006.by Seck Disasler Recovery. Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject (0 dvil and criminal penalties. 1-5 BDR is consistently looking for opportunities to improve the disaster recovery process. As such. BDR employs cutting edge debris monitoring solutions including our patented TicketTrack system. The TicketTrack system facilitates electronic ticketing and fraud prevention in the field utilizing smart card technology. BDR has also developed a state of the art hauler invoice reconciliation system - Recovery Track - that provides a rapid and robust hauler invoice reconciliation and FEMA reimbursement. In addition. BDR personnel using the TimeTrack employee identification system, authenticate activity with a fingerprint scan. enhancing not only security, but accuracy of information. Secure SmmtCards enable hauler and load information to be shared between collection and disposal sites without tampering. GPS integration records actual collection and disposal site information allowing for BDR to resolve site location, as well as date and time of data capture for load reimbursement eligibility. Easy-to-use ruggedized pieces of equipment requiring minimal support and training, have been chosen for the field deployment of TimeTrack and TicketTrack. By doing so, BDR has the ability to continue business operations in the harshest environments, while geographically placed servers in industry- leading data centers ensure network availability. Handheld computers designed to operate on a variety of networks ensure reliability even if one of multiple systems fail. Among the operating principles for TimcTrack and TicketTrack is the belief that accuracy and availability of information is core to the successful management of the BDR program for Debris Collection. Sharing information through the secure, high-availability IRIS network, enables BDR to communicate more effectively. Gains in efficiency are made by automating the process for collecting data such as: . Team Member Identity and Credentialing . Task Assignment . Task Duration Truck Capacity and ID . . . . GPS location Mileage Debris Type Contractor information 'f1meTrack.i TicketTrack Berofits kf1pro'l.~ -,'\c\~uracy C(,~dte V;sibi.lity to P'Ftin-;;\;t d")>)J",;-:~~i0n r:>;t0:-ct 3:V:l j~?d!jc;.; fr::'}jd 1np(:rj~ :::m,:i.;;nc/ 'Jy ;' ~du:;':G-,:"L':;-~<(3,i:~,/ €n~I'):Y2d, 3::':~I(e ;)?t1 \i~t"'i(_{K r:-',:n'!fy~t~6d~(A T(,,-:~i(:J /\'J!':'i::Jtdd Ct?S ir1t-:~af:'lt:(;;) 1-6 Copynghi ~ 2006, by Beck Dlsasler Recovery. Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and cn'minal penalties. '~:'''Ai<,="i'7c:vi C<"!,U' ;1'...."-1;:;("+ "._',"" ~",._'_l"_'--,'''''' c...'..j f../"'! ''''_ I, In order to further facilitate rapid and efficient mobilization and ensure that we are able to provide comprehensive program management even in the most trying conditions, BDR maintains a mobile command center, and an inventory of mobile date centers and remote data transmission units. Our staff hu.>, seen first hand in Florida and Mississippi how catastrophic Hurricanes, such as Ivan and Katrina, cripple infrastrueture. It is extremely challenging to effectively respond to an emergency situation without electricity, water, and communication networks. The BDR Mobile Command Center is fully equipped with powerful generators, satellite communications, and a potable water supply. The custom vehicle responds immediately after an event, giving BDR and key County officials internet and phone access and adequate functional workspace to ensure that all details and necessary paperwork are in place for a seamless recovery operation. The mobile data centers and remote data transmission units give BDR the ahility to provide the highest level of data management and reporting capabilities during extended post event periods without power. ... ""',,.,- ~""":;;' . BDR will prepare our mobile command center, generators. inventory of load tickets and other essential field equipment (e.g., cameras, GPS units, etc.) for potential mobilization. We will also contact kcy vendors (e.g. construction trailer vendors. etc.) to expedite field equipment that will be required for an extended debris removal assignment. Copynght@2006, flY Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. 1.7 BOR KnO'liie\'ja6 of D\sa,ster Recover; ~ , SEGT1':N 2 ,- i::::i'--iCE Most recently, BDR has provided disaster recovery assistance to many of the most impacted communities in Florida, Mississippi. and Texas associated with the 2004 and 2005 hurricane seasons. Key BDR personnel are uniquely familiar with the policies. procedures. and requirements associated with providing disaster recovery services subject to FEMA reimbursement. Our team has successfully assisted numerous communities and organizations with disaster recovery efforts by providing a full range of services including comprehensive program management, disaster debris removal contracting and negotiations. damage assessment, project staffing, FEMAlNRCS reimbursement and all aspects of field debris monitoring. Our efforts have allowed our clients to maintain their focus on continuing daily operations while relying on us to hit the ground running and oversee the management of debris removal operations and federal reimbursement. thereby expediting the process of getting things back to normal as quickly and effieiently as possible while complying with all Federal Emergency Management Agency guidelines and reimbursement procedures. SOH,.';;}:. <:Ii prcse,;: 'Jf deb,:,,- C':iT'Z/"ji wA :;"';:::l,?~~,::!r;(,,1 'i?t? '\:~;T;O ';! Jr,--f ";:,c:.';; j.~::i';ri'e: ;: i,if r)'/<2[' 4] ':'on cu,;ic 'r;,')> -,_,,::il c;) a.e ':>~Il .'),'!tin..... ~;,,<:,r 3,C. ie. iinr:r:.:dJi'::;-!/e ",,= '!;;><'~'f)1 ~~", .,'.' For example.. BDR provided comprehensive disaster debris program management to Escambia County and the City of Pensacola for the collection, recovery, and reimbursement of over II million cubic yards of debris and 2 million cubic yards of sand as part of their cleanup efforts from Hurricane Ivan. Our work included all facets of disaster debris management - from project management, debris hauler procurement and post-event hauler contract management, to obtaining up.front FEMA funding by preparing FEMA Project Worksheets based on debris estimates. BDR performed collection and disposal monitoring, hauler field operations management, FEMA coordination, local government mutual aid agreements, ,load ticket data entry management, hauler invoice reconciliation, generation of Project Worksheet versions, and project close-out and FEMA Appeals. The EscambialPensacola project alone generated over 300.000 load tickets that were data entered and reconciled by BDR staff and reimbursed by FEMA. Because of the financial magnitude of the project, it was critical for Escambia County and the City of Pensacola to receive up.front funding for these services. By ensuring up-front federal dollars were made available, BDR minimized the need for our clients to fund the recovery effort internally and wait months for FEMA reimbursement while exhausting available lines of credit. In the 2005 hurricane season alone, BDR fielded over 1,800 staff to assist cities and counties throughout the Southeast recover from the damaging effects of Hurricanes Dennis, Katrina, Rita, and Wilma. Likewise, during the 2004 hurricane season, BDR fielded over 800 staff to assist our clients recover from Hurricanes Charley, Frances, Jean and Ivan. Copynght@2006. by Seck Disaster Recovery. Inc. Confidentiaf: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. I ....j 2.1 -.:::i.,..,--...........t,. .. .......>^.. '''J ' VvTe strongly recommend you contact ~ach of our client references included in Section 3 to obtain comments on the quailty of the services we provided in response to the 2004 and 2005 hurricanes. We are confident you will recognize the quality and experience of our staff after speaking directly with our client contacts. As mentioned previously. BDR staff has disaster recovery experience throughout the State of Florida, from Pensacola, Florida (Hurricane Ivan) to the Florida Keys (Hurricanes Dennis, Katrina, Rita and Wilma), In the 2005 hurricane season alone, BDR fielded over 1,800 staff - the majority in Florida- assisting cities and counties throughout the State recover from the damaging effects of Hurricanes Dennis, Katrina. Rita, and Wilma. Likewise, during the 2004 hurricane season, BDR fielded over 800 staff in Florida assisting our clients recover from Hurricanes Charley, Frances, Jean and Ivan. The map below provides a graphic representation of our disaster project experience throughout the State of Florida. The experience matrix included at the end of this section provides further detail regarding specific services BDR provided for each project and volume of debris managed. BDR Disaster Recovery Monitoring Experience in Florida ~EJ..LIw.,~" ~?"O:,\ ~--~'" >, ~tllt:~~~~t~~~:': Pe,dido &each .. . ..f ,~,)...<{..:, "(~~.A"'" :\,{~ ., 'i;o:;;t4 /..1 '{:1. ".~<,} -.'-, _;'~<,_-r '._,:";::".::~ '. ,-"., ',,:'"''''..''' i;(::lf'~,:;f~' ...,v~s~__~\ i" ":{' ;:-'., ,;':"':::;'t":>,'::=;' ""'1'1: 's~'~~~r~\==_ . --1tj~J:._"".. No",." .. '. A.;.::tfi~tf:=,':::::- , ',<:/......... Count,. , i1'~~.'OlIde"~lilwkt '_ .' ,5'~. IDot* IWb McinroecQutitr'iJ'. ':lM~ 2-2 @CopynghI2006, Beck Disaster Pecovery. Inc. Confidential: ThiS document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. ~----- \:;(pe ;.-~ ! 0r' , 1t(;}:: I , .. .. i .. t 0 " , M , " ," ., , l) ';,l} ; .. - ;!) " '. , .. t ~ ~ $ , M 5 .~ J ;; . ~ , i .. .. ~ ;: "f ;" '.. .. ~ :j .. , x ~ ~ 3 . ~ , ;j ~ 1 4: .. ? ,''} :] , M , :-; .. 0 3 , 2 ,~ - E ~ J 5 , ',," ~ r. ;:) " A ~ , ~ OJ ~ E Jj , , " '0 3 ! ~ "- " 3 ,j . , "~ 4- .. , ., ;,')1, .. " '" ~ I Mlami-Da.d,' County. Florida ;, I Pembroke Pines. Florida 2005 930,000 F{. Lauderd!le, Florid,1 20C5 901,000 A -r, " ., " City of PlantHion. Florid'! 2005 811,000 , 'l " City of Boca Raton. Fbrid.t 2005 646,000 " , . , I I City of Hollywood. Florida 1005 600.000 . . . . ill '" Cicy of Mir<lmar, Florida 20D5 358.000 . P.J . . > .. I I Ci:yofTamarac. Florida 2005 315,000 . , ;~ Miilmi-D_~de Parks & Rec:i"eatiol1 2005 150,000 " Cooper City, FloridJ. 2005 217,000 . . .;< . I MonfoeCoumy. Florid.. 2005 200,000 ,. , -", Cirrol NJ.ples, Florida 2005 197.000 . .. , . LIghthouse Point. Flo(lda 2005 100.000 . , ., , .. .. City of Man"holl. flond,,- lC05 100.000 Oil Miamj-Dadl~ Public School District 2005 SO.OOO Broward c'~unty School District 2005 30,QOO , . Collier COWlty. Florida 2005 ~.ooo ~ , i M'_.\I1".D.)dl~ County. Florida. I City of Guif::>ort. MiiSiSSippj I ~'''''O" C,,'"oy, """"00' I ':;~f-JfP:.lnotion, rlcr.da 2005 2.500.000 2005 2.GOG.OOO LCOS 1.8S0"lea 20')5 45.J,000 Beck DI~ lster Rerovery, Inc (" p'2 (; "0(1 C-.::. "~~- (; ,--< --<; i p o " , ::; ) ., ; , :; .. .. , . , ~ ; , , 5- .~, .. .. < l .. ~ ~ , .. .' "' 'j .. ';~ u .. ~ :; .. ~ .. .. ',i " _0 < .. :-' -~ " ~ , 0 , , , , '" . :; City of MJnthon, Florida :i .. J ... ~ .. .. J :.:5 -{ '\~ 1- ~ .. +,; :::; > :)0 - ; -,,'.j , u :5 ,j 2GOS 400.000 . . 2005 360.000 2005 .150.000 2.005 2i7.000 2005 200,000 1005 15.000 , Ft. L~\)derdale. Flonda 0[,. of H-:Jllywood. Florida CityofINJvcland,Missi5:;lppi Cooper Ci~y. Florid.1 l'1onroe County. Floridl Mo""o~ Cour:tf. no,-;':!" lO05 iOa.0QO City ofMJ.!'.nhofl. Fio{r;:!a 2005 Sanu. Rosa County, Flonda 2005 1.000,000 . .' .. Esc.ambiaCO'lnty.flondJ 2005 UOO.llDO . , City of Pennco!a. Florida 2005 400.000 . Monroe County. Fkmda 200S 2.00.000 City of Maf,l.thon. Floridl 2005 20,000 HURRrCANE' lVAN- 2004 E5c~mbla County, Florida 2004 7.681.500 CIty of Pensacola, flond.1 2004 1,343.000 i'lor~da Department ofTrJllsporcation 2004 70B.600 Bet::k OI',.lster Recovery. irK. t:x 0 ,~. ~.,~ ~ (1 C "-,"\ 1',.1 -;, '.'" .. - , "-"" i ; 'A " j , .. .. .. ... , ~ " 6 T- o , , c .. ~ < . , , :: ;, :;; -- ii , ~ 5 . ~. .~ .. .. ~ : '"" .. .. . , ~ ~ , .. , , ~ ,); ''; 0 !' '; < , .. :; .~ . " j . .. j: 0 , ~ " , l) ~ ,~ ~ ~ " :: .. " , <( . i 3 ~ .. , , , ~ .. " , l ~ 0 .. ,] E 6 " " c:; ~ .. ~- " ~~ g , :r , 1 'i , '1! V X '. ~ 0 ,~ ,j 5.. .. ; , ~ " 'j ~ , <( " j ~ , r .. ~;k ; , " ~ ,. .. -,:; .. " ~-e :; :; a ~ .;; " ~ ~ ,1: ,. i'."'C V,l .. -,. i.'. .,,' '.) '.) x ~ ,.. '" " v ~ SarasotaC"unty, Florid... 2001 150,000 . , .. . , .. Vjrginfsb.ndsWater~nd 1995 N/A .. Power Authorit)' South CJ.roltna, PubliC 1989 NIA SarviceA<.Jthority ., Ber..k OI<;;Jster Recovery. foc Past Performance SECTION 3 P,~ST !JE:-1t=O:-::n/l\i\;CE C:,~ ,3i;\)ilL1\1~ PROJECTS The project profiles listed below provide an overview of our qualifications and serve as a representative sample of BDR's experience in assisting government entities with similar disaster recovery activities. Oisaster Recovery and Storrn Oebris Clean-Up Managen1',nt Monroe County, Florida There is no area in the United States that is more frequently threatened by hurricanes than Florida's Monroe County, more frequently referred to as the Florida Keys. After Hurricane Dennis grazed the Keys in July 2005, Beck Disaster Recovery was retained to provide the FEMA required disaster debris monitoring services. Recovery efforts in the Florida Keys were particularly challenging given the sensitive ecological environment and lengthy travel distance (approximately 150 miles from end to end). Specific tasks of the Beck Disaster Recovery project team included: . Help the County determine the roads eligible for Federal Emergency Management Agency (FEMA) andior Federal Highway Authority (FHWA) funding; . Work with the County's contract debris hauler - DRC, Inc. - to develop zones in which to assign collection subcontractors; . Identify suitable locations for temporary debris storage and recovery (TDSR) sites; and . Provide oversight for the 4 TDSR sites established in the County. Beck Disaster Recovery's involvement included approximately 20 personnel performing project management, collection monitoring, disposal monitoring, and data management functions. In addition to data entry and QAlQC of load tickets, Beck Disaster Recovery was responsible for reconciling debris contractor invoices and authorizing payment by the County. . Collection & Disposal Monitoring . Develop Zones and Maps . TOSRS Identification & Management . Hauler Invoice Reconciliation . FEMA Reimbursement DIDster Recovery and Debris Clean-up !';lara,]ement City of Boca Raton, Florida Within hours of Hurricane Frances striking Florida's east coast in September of . ,. 2004, BDR mobilized a full support team for deployment to the City's Emergency Operations Center to provide a wide range of disaster. BDR provided immediate on-site project management assistance to assist in formulating a plan for the long term recovery efforts of the City. As the City's debris contractor was mobilizing, BDR developed zone and map books to be used for collection monitoring activities. BDR also coordinated logistics with the City's sanitation crews to ensure an organized approach between the City's crews and those of the contract debris hauler. -.- ' CopYrlght@2006. by Seck Disasler Recovery. Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. 3.1 ),:,:-T:<jJ'.j} BDR oversaw all data management activities associated with the debris collection effort. We quickly installed a debris management database to track the huge numbers of trucks and debris loads brought to the City's temporary debris storage and reduction sites (TDSRS). Data entry staff were called in and trained on data entry processes. Daily emails were sent to keep City staff informed of key statistics including number of trucks in the field. daily and cumulative cubic yards collected. etc. BDR provided comprehensive collection and disposal monitoring activities. On average. approximately 20 collection monitors were deployed daily 10 monitor collection activities. The portions of the City that received collection service were mapped on a daily basis so that the City had a near real-time understanding of the progress that was being made. BDR was also responsible for monitoring activities for hazardous stump removal, tree removal. and some water-way clean-up. In total, close to 200,000 cubic yards of vegetative debris were collected within the City. . Moniloring . Data Management . Develop Zone Maps . Hazard Mitigation PI""ning . Wale Mays Clean-up SuPoort Disaster Recovery Serfices City 01 Orlando, Florida In the summer of 2004. the City of Orlando was devastated by three major hurricanes. R. W. Beck. parent company of Beck Disaster Recovery, was on-site immediately following Hurricane Charley to provide immediate assistance to the City with recovery efforts. When Hurricanes Frances and Jeanne battered the already reeling city a few weeks later, we were able to expand existing recovery and clean-up efforts to include damage and debris caused by the latest storm strikes. We provided the City with comprehensive disaster recovery program management services that eovered all areas including planning and logistics, contractor selection and ~ negotiations, site permitting, daily staffing and scheduling and oversight for' '... . debris collection and disposal monitoring. We supervised and monitored I Tot,1 D.bris r,,"oved: debris collection by the City's three contractors, Ashbritt, Crowder Gulf and 1.035,525 cubic yards Phillips and Jordan. We also provided site monitors to staff the City's six contractor and three residential disposal sites. We worked closely with FEMA staff using GPS technology to identify and locate tree stumps. hazardous trees, and hanging branches that needed to be removed. In addition, we provided oversight and staffing for the City's fleet delivering dirt to designated stump holes. We also worked closely with the City to approve contractor invoices and document all accounting procedures for FEMA. ,. . Program Manage",ent . Monitoring . TOSRS Permitting I ;I Contractor Procurement I 1 ,. Data Management . I I I Develop Zone Maps I .. ,_'__"___'_"__' _m_ _.1 3,2 @CopynghI2oo6. Beck D,sasler Recover!, Inc. Confidential: This document is considered a trade secret and any misappropn-ation may be subject to eMI and criminal penalties. Immediately following Hurricane Wilma's landfall on Florida's Southwest coast as a Category 2 hurricane in October 2005, Beck Disaster Recovery was on-site in the City of Naples mobilizing an emergency response team to provide comprehensive disaster recovery services. Beck Disaster Recovery provided comprehensive collection and disposal monitoring activities. Approximately 40 collection monitors were deployed daily to monitor collection activities. The portions of the city that received collection service were mapped on a daily basis so that the city had a near real-time understanding of the progress that was being made. Beck Disaster recovery was also responsible for monitoring activities for hazardous stump removal, tree removal, and private property (ROE) administration. Perhaps the most important function provided by the Beck Disaster Recovery project management team was that of data management. Beck Disaster Recovery staff entered and analyzed load tickets resulting from the debris monitoring process. We were also responsible for debris contractor invoice reconciliation and approval as well as assisting the city and FEMA staff with the preparation of project worksheets for approximately $9 million in FEMA funding. <.<: D:ScL')(sr Pr.:,\yam 3gsir-?::t City of Naples, Florida ~ n ,. ._ _, -"" -'t ,-',' .'. . Monitoring . ROE Administration . Data Management . Hauler Invoice Reconciliation . Hazardous Tree Removal . FEMA Project Worksheets . FEMA Reimbursement Disaster Clean-up and Beaeh Restoration Ser'iiees Pensacola Beach and Perdido Key Florida's Emerald Coast is known for its white, sugar sand beaches. The beaches are a critical clement of the Count)'!s tourisrn~hascd economy and getting the heaches cleaned up prior to the Summer tourism season was of paramount importance to the County. Hurricane Ivan ravaged the beaches of Escambia County, including Pensacola Beach and Perdido Key. Virtually every structure on the County beaches sustained major damage - over 50 percent of structures were completely destroyed. The beaches met a similar fate. What sand was left on the beach was littered with debris. Berms and dunes were completely tlattened. The County's $20 million, 2003 renourishment effort was washed away when the beaches took a direct hit from Ivan. BDR worked closely with the County's beach contractor, ORe. to assemble a game plan for getting the beaches back up and running again. BDR assisted the County in successfully making a legal argument to FEMA on the need for private property sand and debris removal. BDR and ORC were responsible for obtaining Right-of-Entry (ROE) forms from local residents, then scheduling and conducting the sand and debris removal. Sand collected from public right-of-ways and private property was taken back to the beach ~or berm and beach renourishment efforts. BDR coordinaled getting ~everal areas of public hcach screened so they could be re-opcned to the public immediately. The remaining areas of the enlire beach were later screened. I,. !,::;tal $301 Restored 1,500,000 cubic yards I 8 milas of Emergency Berm i Constructed t . Program Management I II Berm Construction I .. Beach Restoration 1 s Sand Restoration J L~OEAdmini~ation ___. @Copynght 2006. Beck Disaster Reoovery, inc. Confidential: This document is conSidered a trade secret and any misappropriation may be subject to eMf and criminal penalties 3.3 ~:cC,"j\>'j :j RDR was also responsihlc for cunstruction management activities associated with th~ construction of a new 20 year protective protective herrn. BDR staked out the herm location and monitored construction activities to ensure they were in compliance with the berm design. Weslern Florida Panhandle - Escambia County, Santa Rosa County, City of Pensacola and FOOT BDR provided comprehensive disaster recovery assistance to nearly all of the local governments in the we>tern Florida panhandle following Horricanes Ivan and Dennis as well as two tropical storms. BDR's services also included serving as the field monitors for the Florida Department of Transportation on all state and federal roadways. These services included identification and permitting of 14 TDSRS sites, field and disposal site monitoring, and data management and invoice reconciliation. In addition to field monitoring nearly 13 mil/ion cubic yards of debris, BDR also provided monitoring services 10 remove nearly 2 million cubic yards of sand from road ways and structures on Pensacola Beach and Perdido Key and place the sand back on the beach. BDR further assisted in managing beach contractors in the construction of approximately 10 miles of protective berm. BDR was also responsible for providing QA/QC services on beach and berm shaping. Disaster R;;co'iery and Stcnn Debris Clean-Up Management Cooper City, Florida Immediately following Hurricane Wilma, Beck Disaster Recovery was retained by the City of Cooper City, Florida to provide the FEMA required disaster debris monitoring services. Within hours of the storm passing, Beck Disaster Recovery had deployed a full support team to assist with staging operations, project staffing and scheduling. Specific tasks of the Beck Disaster Recovery project team included: Certification of trucks for the City's debris hauler (Ashbritt); Assisting the City and Contractor in developing zones and zone maps; . Monitoring right-of-way (ROW) debris removal efforts; Providing tower monitors at private debris disposal sites; Surveying and monitoring the City's stump and leaner/hanger removal program; Ccrn;Y-:.;t18J13i-/8 CiSaSt8( P t.;:3.:'!3'~;;eiTient Another unique aspect of BDR's work in the western Florida Panhandle was the management of a comprehensive Right of Entry program. BDR was responsible for all paperwork, logistics, and monitoring associated with the ROE programs implemented by Escambia County and the City of Pensacola, for the removal of debris from private property. BDR also managed a call center ("debris hotline") for Eseambia County and the City of Pensacola to field resident questions, concerns, and complaints during the debris removal process. Management of debris removal efforts in City parks; Project Quick Facts 11,000,000 cubic yards Se;;ch.S(~l'1d Scrr,er'ifng: 2 000 000 b' ds -Co Services . TDSRS Permitting & Monitoring . Program Management . Field Monitonng . Data Management . ROE Administration . Waterways Clean-up . Debris HoWne Call Center . Up/ront FEMA Funding , . Hauler Invoice Rect.mciliation I , ' Services . Procurement/Contracting II Field Monitoring " Data Management :I Hazardous tree removal FEMA Reimbursement 3-4 @Copyright 2006, Beck Disaster Recovery. Inc, Confidential: This document is considered a trade secret and any misappropriation may be 5ubiect to cj~'I" and criminal penalties. -. >:' ..,. -"", ,,'~I ~i.,:j=\.J '::; Load ticket data entry and contractor invoice reconciliation and approval; and . Assisting the City in preparing FEMA project worksheets to obtain maximum reimbursement. Miami-Dade County, Florida After Hurricanes Katrina and Wilma struck Miami-Dade County in 2005, BDR was retained to provide the FEMA required field monitoring services for Miami-Dade County. BDR's services to Miami Dade County were more complex than typical given the County's decision to allow local contractors to have prime contracts - many of which were unaccustomed to the accounting procedures required for FEMA reimbursement. In total. the County retained 31 contractors for the debris removal effort. BDR provided the full-range of monitoring services including truck certification, field monitoring, tower monitoring, ticket data entry and management, and contractor invoice reconciliation. BDR also managed a comprehensi ve leaner and hanger removal program for the School District and Parks Department. In total, BDR managed the removal of 5.5 million cubic yards of debris in Miami Dade County following Hurricanes Katrina and Wilma. ;:::'(1(r"'1 r,::.bri-.:: ("I"a0,~\'n ~".t:::;"~'''=-('("'i:;.",t ..J','-J'"" _~'", ,............. -'" '_';", "'-_'" ,<:,.I.J'''''- ,,,'.1>, , Project Quick Facts Total Debris removed: 5,500,000 cubic yards Trucks: 1.700 rOSAS: 5 Services . MullHunsdictional Coordination . Monitoring . TDSRS Suppo~ . Contractor Procurement . Data Management II Hauler Invoice Reconciliation Parks and Recreationai .Areas Debris Removal Miami-Dade Parks and Recraation Miami-Dade is a heavily populated and growing area in South Florida. The Parks and Recreation department consider the area's 300 parks to be among their most vital assets for the millions of tourists who visit there over the year as well as the local residents. Following Hurricane Wilma, which struck in the summer of 2005. Beck Disaster Recovery was retained to provide the FEMA required disaster debris monitoring services in the wake of this storm. Within hours of the storm passing. Beck Disaster Recovery had deployed a full support team to assist with staging operations, project staffing and scheduling. Specific tasks of the Beck Disaster Recovery project team included: . Assisting the County with procurement of debris contractor; . Surveying and monitoring the removal of dangerous trees and branches along the City's rights-of-way; . Managing data collection and data entry as well as providing contractor invoice reconciliation and approval; and . Helping the City prepare FEMA project worksheets to obtain maximum reimbursement. Project QUIck Facls Total Debris removed: 250,000 cubic yards . Monitoring . Contractor Procurement . Data Management _ . . Hazardous Tree RemOV8:J' is Hauler Invoice Reconciliation . FEMA Reimbursement @Copynght2006, Beck Disaster Aecove,,!, Inc, Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties 3.5 City of Fort Lauderdale, Florida After Hurricanes Katrina and Wilma struck Florida in 2005, BDR mobilized a full support team for deployment to the City's Emergency Operations Center to provide comprehensive disaster recovery services. BDR provided immediate on-site project management assistance to assist in formulating a plan for the long term recovery efforts of the City. As the City's debris contractor was mobilizing, BDR developed zone and map books to be used for collection monitoring activities. BDR also coordinated logistics with the City's sanitation crews to ensure an organized approach between the City's crews and those of the contract debris hauler. BDR oversaw all data management activities associated with the debris collection effort. We quickly installed a debris management database to track the huge numbers of trucks and debris loads brought to the City's temporary debris storage and reduction sites (TDSRS). Data entry staff were called in and trained on data entry processes. Daily emails were sent to keep City staff informed of key statistics including number of trucks in the field, daily and cumulative cubic yards collected, etc. BDR provided comprehensive collection and disposal monitoring activities. Approximately 100 collection mooitors were deployed daily to monitor collection activities. The portions of the City that received collection service were mapped on a daily basis so that the City had a near real-time understanding of the progress that was being made. BDR was also responsible for monitoring activities for hazardous stump removal, tree removal, and some water-way clean-up. BDR assembled and deployed a full disaster recovery team to the operational support center to assist with staging and logistics operations, project staffing, and daily scheduling and dispatching for field inspectors. BDR oversaw all aspects of debris removal operations and monitoring including certifying the volumetric capacity (cy) of each collection vehicle and determining truck assignments. We also documented contract hauler trucks' cubic yardages; time in and out; number of loads/day; and other data. We worked with county personnel to respond to problems and handled "end-of-day" duties such as verifying all trucks had left the disposal site and the facility was properly locked down. ;::.CTi'::~i J O;';aster RecrjlJery P!arnioi] :)n{j ProCi.H'~r "pnt Servlc9s BDR also supervised all aspects of debris collection operations and monitoring including monitoring work areas with multiple trucks; issuing load tickets for each debris load removed; and monitoring work performance and productivity. We also provided troubleshooting for potential problems; coordinated with central dispatch/staging; surveyed urcas for special collection needs such as tree stumps, hazardous trees, and C&D debris; and recorded/mapped the streets that had been completed. a Monitoring . ROW Debns Removal . Data Management . Develop Zone Maps . Hazardous Tree Removal I . Truck/load Certificalion . Collection Monitoring 1 . Disposal Monitoring l 'J Data ManagerT'lent i .. Invoicing Services ill WatelWays clean-up .~ Hazard Mitigation Planning FEMA Reimbursement 3-6 @CopynghI2006, Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. :;~~~-- ~}'~-::':'::'~'-=-:\-::" ,-'-'.... r.:..;;:;S'<l,"_^ BDR's elTort benefited the county by keeping total clean-up costs low, and the comprehensive documentation we compiled during the recovery process will help the county promptly apply for and recei ve reimbursement for the total clean-up cost from state and federal emergency management organizations. ~.jRCS Funddd Debris RSf:"Jval- inland VVats!"\vays Escambia County, Florida BDR assisted the Escambia County Natural Resource Division in identifying inland waterways requiring debris removal. Once identified. BDR coordinated with the County to analyze the dimensions. depth, and environmental condition of the waterways. Target easements adjacent to the waterways were identified to allow debris removal contractors adequate access to complete the varying scopes of work, and staging areas to place construction and demolition debris for loading and disposition to a Class I Landfill. BDR established a system to assist in the administration of easements throughout the County, and performed quality assurance with the Escambia County Attorney's Otfice to ensure that all legal documentation and County and NRCS notices to proceed were in place before work on individual DSRs commenced. Once scope of work was established, a notice to proceed was issued to the debris contractor on a project by project basis. If the waterway was navigable. divers and sonar equipment were utilized to locate all underwater deposits. These locations were verified by BDR Field Monitors. If the waterway was not navigable, visible debris was removed first to alleviate choke points in the water. Strategic collection and staging sites along the bank were then established to remove an adequate volume of debris to perform underwater sonar analysis. The various types of C&D debris and HHW removed from the waterways were catalogued by BDR monitors to verify contractor scope, report to all necessary environmental agencies, and provide necessary information for NRCS grant funding. Vegetative debris that hindered navigability or proper water flow was cut and set beyond the banks of the waterway to naturally decompose. Treatment of vegetative debris varied on a case by case basis in the interest of the future health of the waterway. In many cases root balls were not removed to curh erosion and prevent flood. Once the contractor removed all identified debris, a final walk-through was conducted with a County retained environmental expert to survey all potential impacts from the debris, This component was recorded by a BDR Monitor to verify scope and project completion, and provide Escambia County and NRCS with a comprehensive paper trail for funding and audit purposes. Disaster Recovery SerJices Florida Department of Transportation The Florida Panhandle was devastated by Hurricane Ivan during the summer of 2004, littering the area's state and federal highway system with debris. BDR was hired by the Florida Department of Transportation (FOOT) to coordinate collection logistics with the County and ensure collection operations were in compliance with FEMA and Federal Highway Administration (FHWA) guidelines during the 2004 and 2005 Hurricane seasons. Debris removal from state and federal highways in Florida is the responsibility of the FDOT. Soon after the landfall of Hurricane Ivan. FDOT made a decision to retain Escambia County's debris contractors to also remove debris from state and federal highways in the County. Most of the state and federal highways in the County were assigned to the County contractors - however. a handful of roads were assigned to another FDOT contractor. BDR assisted FDOT in keeping the various contractors on their assigned roads. @Copyright2006. Beck Disaster Recovery. Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to CIvil and criminal penalties 3-7 There were a number of critical roadways on the barrier islands that were completely washed out by I van. For public safety purposes, a priority was put on making the roads passable again. BOR staff assisted the FOOT in coordinating efforts to recover sand from the island for use in rebuilding the roadways, BDR's primary responsibility was collection and disposal monitoring. BDR collection monitors issued tickets on FEMAIFHWA eligible loads of debris collected on state and federal highways. Disposal monitors estimated truck capacity at the temporary debris storage and reduction sites (TDSRS). Once the tickets were completed, BDR was responsible for entering tickets into a database for tracking purposes. The database was utilized to reconcile data against contractor data for invoice approval as well as FEMA and FHWA rt;;i rnbursement accounting. PIJblic and Private Property D'3bris Removal Proqriirn Mana{jement Cities of Gulfport and Waveland and Harrison County, Mississippi : ''!'II: ',~ Hurricane Katrina made landfall in Mississippi on August 29, 2005 as a ';. Category 4 with sustained winds of 145 miles per hour. The affects of Hurricane Katrina on the Cities of Gulfport and Waveland and Harrison County were devastating. Within hours of the roads being passable, BDR was on the ground assisting these communities with debris hauler procurement and contracting. _,^ i!fl, The debris removal operation facing these communities was one the largest in United States history. As a consequence, the communities' initial concern and BOR's first task was to assist in working with FEMA to obtain advanced funding to finance the debris removal operation. BDR was successful in assisting the communities develop a :543 million project worksheet, of which :521.5 million was federally obligated for spending almost immediately. Upon receiving funding, BDR assisted in initiating right-of-way debris removal operation, right-of-way leaner and hanger removal program, and debris removal from City and County parks. (n addition to the traditional debris removal programs above, BDR assisted with the following debris removal programs: . Hazardous food waste removal: in the aftermath uf the sturm the communities learned that chicken, pork bellies and beef from the port had been strewn about the City and County's streets. BDR assisted in monitoring the removal of this material in accordance with Federal and State regulations. . Residential and commercial private property debris removal: the magnitude of the damage caused by Hurricane Katrina made it necessary to enter private property, both residential and commercial alike, and remove debris in the sake of public health and safety. BDR assisted in assessing 5,000 residential properties and over 4,000 commercial properties. ;'\>'lJ t Project GuicH aclS To~al debris remcved: Invoicing SaNities Program Management >> Data Management l1 Monitoring J Total Debris remQ'Ied: 4,200.000 cubic yards I - . Services it Procurement/Contracting . Program Management ~ Field Monitoring " Data Management . ROE Administration '" Hazardous Food Waste . VehicielBoat Removal .. Waterways Clean-up lI' Hauler In\Joice Reconciliation i . Upfront FEMA Funding Small craft harbor debris removal: the storm surge that was generated by Hurricane Katrina completely destroyed the City of Gulfport's small craft harbor. BDR assisted in monitoring debris removal from the City's 3-8 @CopyrighI2006. Seck DIsasler Recovery. Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to Civil and criminal penalties - <~ harbor to ensure the operation was conducted in accordance with Federal and State regulations and the scope of work was completed according to the contract. . Vehicle and boat removal: the streets were laden with abandoned vehicles and boats after Hurricane Katrina. BDR assisted in complying with all legal requirements for removing and disposing of such vehicles and boats. As of April 2006, BDR continues to be actively engaged in recovery efforts in Southern Mississippi with over 300 support personnel. To date, BDR has assi.,ted these communities with the removal of over 4 million cubic yards of debris. References We believe there is no stronger evidence of our skills and experience than the validation of our clients' satisfaction by our clients themselves. We are proud of the long-term relationships we have developed with our clients and encourage prospective clients to contact those we have been fortunate enough to serve. The following is a list of client contacts that can validate BDR's quality of work performed. In addition to the references listed below, we have included reference letters at the end of this section. Client Contact List . ; Client, Contact Contract Oates Address Phon& City of Miramar. FL Tom Good October 2005 to 13900 Pembroke Road (954) 602.3116 July 2006 Building L Miramar. FL 33027 tnood@ci.rnlfamarJLus City of Orlando. FL David Sloan September 2004 400 South Orange Avenue (407) 579-2446 to March 2005 Orlando. FL 32801 david. sloan@cl1Voforlando,net Escambia County, George Touart September 2004 223 Palafox Place (850) 554.2774 FL to Present Pensacola, FL 32501 ,::eorQe.touart@co.-9sGambl3.fl,l..is City of Naples Dan Mercer October 2005 to 380 Riverside Circle (239) 213-4712 February 2006 Naples, FL 34102 cmsrcer:@ naoiesQov. com City of Hollywood, Wade Sanders August 2005 to 1600 Southpark Road (9541967.4200 FL September 2006 Hollywood, FL 33021 wsanc;ers@ Il::,jIVViCI':: :~ll1ill City of Gulfport. MS Brent Warr, September 2005 P.O. Box 1780 (228) 868.5810 Mayor to Present Gulfport, MS 39502 r~;a,dai:.~ '::I'::H.:.:fCG{~.C~s -~;3 City of Waveland, Tommy Longo, September 2005 301 Coleman Avenue (228) 760-1716 MS Mayor to Present Waveland. MS 39576 , TaV-,)Ls,:.;ffjc~".J (:'j;'::;-'; '/~:-': i @Copynght2006, Seck Disaster Recovery, I,c. Confidential: This document is considered a trade secret and any misappropriation may be subject to aivil and crimmal penalties 3.9 E,:rl;::;'.j ~~ Santa Rosa County, FL Avis Whitfield July 2005 to November 2005 123 North Sinclair Avenue Tavares, FL 32778 :\swenson 'J) cC.!af:e.'!, JS 6075 Old Bagdad Highway Milton, FL 32583 (850) 623-2221 3.10 @CopynghI2006, BecK Oisaster Recovery, Inc. Confidential: This ciocument is considered a ,'fade secret and any misappropriation may be subject to civil and crimmal penalties. PATRICK SWAIN COUNTY AUDITOR (409) 835-8500 July 25,2006 1149 PEARL ST. - TfH FLOOR BEAUMONT, TEXAS 77701 Beck Disaster Recovery, Inc. 800 North Magnolia Blvd., Suite 400 Orlando, Florida 32803 Subject: Letter of Reeommendation To Whom It May Coneern: On September 24, 2006, Hurricane Rita made landfall on the Texas-Louisiana border as a Category 3 hurricane. With County staff unfamiliar with the newly instituted debris management processes and the complexities of FEMA reimbursement, Jefferson County retained Beck Disaster Recovery, Inc. to provide management, monitoring and invoice reconciliation services to allow us to focus on returning County services to our community. One of the most crucial tasks spearheaded by Beck Disaster in the early stages of the recovery process was to secure upfront approval of Project Worksheets by FEMA to pay for debris removal activities. Within 12 days of Hurricane Rita making landfall, FEMA staff had written a Project Worksheet for $32,640,000 thus minimizing the need for internally funded recovery efforts. As the chief custodian of the County's finances, numerous invoices crossed my desk for goods or services rendered in the aftermath of Hurricane Rita - all demanding timely payment. It was comforting to know that there were funds immediately obligated to our County and at our disposal for debris removal. Jefferson County has been extremely pleased by the work of Beck Disaster Recovery, Inc. and would absolutely recommend them to any City or County facing a debris removal project in the aftermath of a disaster. Please feel free to contact me should you have any questions with respect to Beck Disaster's involvement in the Jefferson County debris removal project. I can be reached at (409) 835-8500 or pswainCalco.iefferson.tx.us. Patrick Swain County Auditor Jefferson County, Texas BRENT WARR Mayor ~ 'I'll' , .iifa --, wilt" WILLIAM W. POWELL, P.E. Director of Engineering ENGINEERING DEPARTMENl 4050 Hewes Avenue Gulfport, Mississippi 39507 Telephone (228) 868-5815 Fax (228) 868-5822 CITY of GULFPORT December 19,2005 To Whom it May Concern: In the aftermath of Hurricane Katrina, the City of Gulfport contracted with Phillips and Jordan to remove and dispose of the debris, and we also retained R. W. Beck to provide the debris monitoring services for that $56 million contract. We have been underway for a little more than three months now. R. W. Beck mobilized quickly, establishing both the physical framework and the communications network required for this large-scale operation. All R. W. Beck persormel that I have dealt with to date have been very responsi ve to problems and professional in their approach. I would like to particularly identify Mr. Jon Hoyle and Mr. Jeff Newton as being very experienced, knowledgeable and responsive. I can recommend the R. W. Beck Company for debris monitoring operations with no reservations. William W. Powell, P,E. Director of Engineering WP/cb Post Office Box /780. Culfport, MS 39502-1780. Phone: (228) 868-5700 0076 LORRAINE RD. . GULFPORT, MISSISSIPPI 39503 (228) 896-0201/896-0210 / FAX (228) 896-0203 HARRISON COUNTY BOARD OF SUPERVISORS December 16,2005 To Whom It May Concern: Hurricane Katrina made landfall in Harrison County, Mississippi on August 29, 2005 as a Category 4 with sustained winds of 145 miles per hour. The affects of Hurricane Kalrina on Harrison County were devastating. Of primary concern in the aftermath of Hurricane Katrina was the removal of debris from the streets of Harrison County. Due to the magnitude and complexity of the debris removal operation facing Harrison County, the Board of Supervisors solicited bids for storm debris removal monitoring services and selected Beck Disaster Recovery, Inc. Since that time, Harrison County has learned that the involvement of Beck in the debris removal effort has been invaluable. Beck has provided Harrison County with much more than debris removal monitoring. In fact, Beck has assisted Harrison County with hauler procurement and contract negotiations, obtaining advanced funding from FEMA for debris removal, disposal site permitting, right-of-way debris collection monitoring, and the administration of a complex right-of-entry/private property demolition and debris removal program. The County is confident that it could not have made the strides toward recovery that it has in the absence of Beck. Harrison County has been extremely satisfied by the level of service that it has received from Beck and fully recommends Beck Disaster Recovery, Inc. to any community facing a debris removal program in the aftermath of a disaster. I welcome your phone call for any questions you may have regarding Beck's involvement in Harrison County's debris removal program. I can be reached at (228) 896-0201. Sincerely, ~~~ Terry Rroadus, Sr. Road Manager Harrison County Road Department Terry Br...... Sr. RoMl Manager SOARO OF COUNTY COMMISSIONERS ESCAMBIA COUNTY, FLQRIO~\ yo,".,":,-;':; ~,~, ;,-114 April 5, 2005 To Whom It May Concern, Following the landfall of Hurricane Ivan, Escambia County was littered with nearly 8 million cubic yards of debris. It was critical to the social and economic recovery of our County to get debris removed from our neighborhoods quickly and to provide our residents with a sense of normalcy again. R. W. Beck served as program managers for our clean-up effort and provided collection and disposal monitoring services as requir~d by the Federal Emergency Management Agency (FEMA). R.W. Beck played a crucial role in getting our debris sites permitted and operating, overseeing contractual and operational issues with our three debris haulers, and managing the hundreds of thousands of load tickets and data that are critical for FEMA reimbursement. The County has been extremely pleased with the high level of quality resources that R.W. Beck has provided to Escambia County during this period of emergency. The firm has provided a consistent staff of skilled and trained individuals throughout the duration of the clean-up effort. Escambia County would highly recommend R.W. Beck to any commu hat has the misfortune of going through a natural disaster. .6;"'~ .~"?~.rk.(f"'", t~./ ,;-~:;, {;~~. .... ,-' ~,~l ~l;7;JI' ~~}-.::/~~. ...,.......P;" ~~/?' /. /r;;> PUBLIC WORKS TELEPHONE (239) 213-4712 . FACSIMILE (239) 213-4799 380 RIVERSIDE CIRCLE. NAPLES, FLORIDA 34102-6796 AprilS. 2006 Jonathan J. Burgid, President Beck DisaSler and Recovery Services, Inc. 800 ~. Magnolia A venue, Suile 300 Orlando, FL 32803-3261 Re: Lener of Recommendation Dear Mr. Burgiel: On October 24, 2005, the quality of life the residents of the City of Naples had become accustom to changed drastically. That is when Hurricane Wilma decided to pay a visit to our beautiful community. Although clean-up began immediately, it became apparent right up front that the City needed assistance with the recovery of our community. Beck Disaster & Recovery Services, Inc. was called and their rapid response was very welcome. The diligence and support provided by your staff, specifically Phil Ivey, has undoubtedly placed the City of Naples as a model community concerning the recovery efforts from Hurricane Wilma. As the City of Saples faced challenges concerning F.E.M.A eligibility reimbursement, especially with our loss of many unique Banyan Trees, Beck Disaster & Recovery Services, Inc. gre"tly assisted and contributed to bridging Ollr goverrunental relationships with F.E.M.A ."'-s these relationships evolved, the communication between City staff and F.RM.A. has greatly enhanced the City's eligibility for reimbursement. Beck Disaster & Recovery Services, Inc.'s Imttanve and assertiveness with all contractors contributed greatly to the successful recovery of our community; and for that I am truly thankfuL In closing, based on the City's experience in working with your company over the past fOllr months, I can truly recommend you for any future monitoring/management services related to dis"ster recovery. However, as exemplary as I found your services, r do hope our community never ne~ds to call upon you again for disaster recovery. R/~:~' rV~y.V _U i Dan Mercer , Director of Public Works Xc: Ben Copeland. Budget & CIP Manager f /,.~/;.., ,,/~,.. ,,//< /" . -t" ";" ,~ ///-... 'J /~). ,.,.;:-1' < 'N//./-;/' ?/, __////",~,,/ 0" _/ !. CITY OF ORLANDO MEMORANDUM TO: Whom It May Concern FROM: David S. Sloan. Environmental Services Director DATE: April 6, 2005 SUBJECT: Outstanding Performance by R.W. Beck The City of Orlando appreciates the knowledge, professionalism, and dedication displayed by the entire R.W. Beck organization. City staff was challenged to provide basic services to our citizens in the weeks and months following hurricanes Charley (8/13/04), Frances (9/04/04), and Jeannc (9/26104). To deal with the overwhelming task of recovering from three hurricane events occurring within a two-month period, the City contracted with R.W. Beck to direct, monitor, and document the work efforts of the multiple debris collection and disposal contractors. Most appreciated was the attention R. W. Beck's staff consistently focused on complying with FEMAlState documentation requirements to maximize reimbursement. Over one million cubic yards of debris had to be collected, reduced, and recycled or hauled to a landtill. On the "Peak Day", two hundred and eight sub-contractor vehicles were deployed throughout the City. In total, tour thousand stumps had to be ground or pulled, five hundred hazardous trees had to be cut down, and over one-million dollars was spent on removing hanging branches over right-of-ways. Through it all, Beck's staff worked long hours, often seven days per week, to get the job done. Currently we are in the process of developing submittals for FEMA reimbursement. R. W. Beck has compiled, reviewed, and validated over thirty-seven thousand load tickets for debris collection. Beck staff has been instrumental in all of our meetings with FEMA and has provided supporting data and back up information when funding eligibility issues required additional explanation. rn closing, I'm pleased to say the entire City Management Team assigned to the disaster recovery effort are grateful for the dedication and personal commitment displayed by the R. W. Beck organization to help us during our time of need. I hope we never have to watch our citizens go through such a challenging period again, but if we do, I hope R.W. Beck will be at our side! CITY HALL' 201 WEST PALMETTO PARK ROAD' BOCA RATON. FLORIDA 33432-3795' PHONE: (561) 393-7700 (FOR HEARING IMPAIRED) TOO: (581) 367-70<46 SUNCOM: (561) 922-7700 INTERNET: www.ci.boca-raton.n.us ",(i,~)___~)i. '''~----;;;S:(G' ~-'- "v~.... ~- I" .\')'" ~. ~.,:~t~.~')~,; '-'=r~", _ < :;r~__ ,"-~I,'~} "'~''",--- _,",/'i' ,-:' ~ '-.;1', ..--' ';'~-'C__:,~\'." ._..({iJ)t"..\P~ CC'1l' 0/ f!8oca ~ May 2. 2006 Mr. Chuck McLendon President Beck Disaster Recovery. Inc. 1000 Legion Place Suite 1100 Orlando, Florida 32801 Subject: Letter of Recommendation Dear Mr. McLendon: Nearly a year after getting hit by Hurricane Frances in 2004, the City of Boca Raton was again the target of a Category 3 stonn when Hurricane WIlma cut a swath of destruction through this once quiet community. On both occasions, Beck Disaster Recovery was retained to provide comprehensive program management sUPP9rt for the clean-up effort, allowing us to retum our focus to the business of running a city. Beck Disaster Recovery was onsite within hours of the storm's passing helping with the contracted hauler and putting in place the necessary staff, equipment and systems to begin the collection, disposal and recovery process. Their extensive understanding of the Federal Emergency Management Agency'S (FEMA) requirements for load eligibility, documentation and reimbursement gives us the confidence that proper restitution will be made. In addition, they provided contract management, collection and disposal monitoring, FEMA compliance monitoring and audit oversight and FEMA reimbursement support. One of the most important aspects of their approach is their ability to collect, manage and document massive amounts of data and proVide billing, invoice reconciliation and appeals support in the unlikely event of a dispute. The City has been pleased with the experience, dedication and commitment of Beck Disaster Recovery personnel and wouldn't hesitate to recommend their services to any community faced with the enormous challenge of collecting and disposing of the debris from a natural or man- made disaster. .~ - AN EQUAL OPPORTUNIlY EMPLOYER - SEGT10N :+ i,)Ci,OJECT /\:;P:~{J'~CH This section describes the general approach that BDR will utilize to provide the Disaster Debris Removal Management services requested by the County. For organizational purposes. we have chosen to describe below the general approach that BDR will take in assisting the County in two discrete phases: Pre-Event/Preparedness Planning; and . Post-Event Response and Recovery. A typical project work flow is also provided on page 4-2, identifying the various pre- and post-event activities involved in disaster management preparedness, response and recovery. The Project Manager will report to the EOC within 8 hours of a disaster event impacting the County. Within 48-72 hours of a disaster event, BDR will be on site with the adequate number of staff to begin response and recovery operations. Pre-Event/Preparedness Planning Following the unprecedented 2004 and 2005 hurricane seasons and more specifically the devastating results of Hurricane Katrina. government ignorance of the potential catastrophic results of a hurricane is no longer an excuse. At BDR, we work with our clients prior to Hurricane Season to ensure that the necessary plans, contracts, and procedures are in place in order to respond quickly and efficiently to any emergency situation and to identify and attain government funding programs available following a declared disaster. BDR provides a wide variety of pre-event/preparedness services to our clients. The sections below provide a summary of the approach that BDR takes to a number of these services. Debris contractor procurement: Given our in-depth knowledge of FEMA reimbursement policies. BDR recognizes the necessity of competitively-bid contracts. We have assisted a number of clients in writing procurement documents and assisting in the debris hauler evaluation process. Our approach to assisting the County with this process involves understanding the geography, demographics, and culture of the community and developing a scope of work (and corresponding pricing structure) that encompasses all of the potential needs of the County. BDR designs comprehensive procurement documents and resulting contracts to protect our client's economic health and eliminate potential exposure associated with scopes of work that historically have not been reimbursed by FEMA. Mock Training Exercises: A mock training exercise is an effective method of testing and evaluating the readiness of a community to respond to an emergency situation. We can assist the County in designing and conducting drills or "table-top" exercises to evaluate staff readiness and the adequacy of the County's debris removal plan and debris management process. TDSRS Identification and Selection: As a result of BOR's experience in managing and monitoring millions of cubic yards of temporary debris storage and reduction, BDR understands the requirements necessary for an adequate TOSRS location. Our disposal experts review logistics. acreage. vegetative and population density, local ordinances and contract reduction methods to identify safe, efficient, and effective TOSRS locations. We have experience in working with County-owned GIS systems to identify potential sites and conduct field investigations to determine constituent acceptability and the likelihood of successfully permitting the site under f'DEP emergency guidelines. Copyright@2006, by Beck DISaster Recovery, Inc. Confidential: This document is considered a trade secrel and any misappropriation may be subject to civil and criminal penalties. 4.1 >:~ . ,-' Debris Management Plan Development: Speeitic clements of debris management plans prepared by BDR include an organizational assessment, a TDSRS evaluation to include Tier I, 2. and 3 sites, a detailed summary of debris removal operations available to implement when necessary, and an action plan that outlines the specitic steps that need to occur at each phase of the debris management process. BDR can also provide assistance in updating the County's current plan. TyPical project work (Jow ':'}l'~,{t"ttl~:~~[!f~~j,:}~!I~~l~l:~~;"l~f Post-Event ~ .!I i '" B i :J "ll. MoblllzeTc.am Road Ciearl.,! P'..Is1'l Develop FEMA Project WQrk~he.ets Truc!< Cl!ortiflc"tion and Oilen DI:;,pola! S.res Public lnfocm::otion MQnitor Collection Opcra.til.1n$ and Debr'! Di'fposal .",...-',.', Implement Riaht-of-Entry alll! Other S~;31 Programs Data Entry of load Tk\len -~/'!";4\;# Recooci!e: Comri!.ctOi' :nvolces ;>~:t':" D~vclop FEMA ProlC(tWorksh~tV(!rsjol"!s Audit Oversight Dispute R,c!olution "Appeals A ~.~ 4-2 Copyright@2006, by Beck Disaster Recovery, inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. ""~'"'' \,""-., :-:u .'1.:"-::. -'. j. - ~,-',-, Multi-Jurisdiction Coordination: BOR recommends (and frequently facilitates) an annual meeting of those individuals from the County and other key stakeholders (FOEP, School Board, etc.) that may be involved in debris management issues following a disaster to outline responsibilities of each jurisdiction or agency. FOOT Coordination and Road List Database Development: Perhaps the most critical pre-event activity is coordination with FOOT on road clearance and debris removal responsibilities. BOR can assist the County in developing a road database with associated maintenance responsibilities and ensuring that there is a clear understanding between FOOT and Monroe County regarding the road segments to be handled by each entity. Identification of the responsible applicant for various road segments is critical for reimbursement from FEMA and FHWA. Annual Meetings: [n addition to the multi-jurisdiction coordination meetings discussed above, BOR recommends one or more annual meetings between the County, debris contractor(s), and monitoring firm. The purpose of these meetings is to ensure a common understanding and coordinated effort regarding processes and procedures exercised prior to, during, and following a disaster situation. Public Infonoation Planning and Support: Another critical element of a disaster preparedness and response program is accurate, coordinated public information. BOR is prepared to work with Monroe County's Public Information Officer in preparing "pre-season" notices and educational materials to inform the citizenry of what to expect following a disaster. We also have extensive experience in preparing press releases and newspaper notices as well as participating in interviews on local access television stations. Process Readiness: Another unique approach of the BOR team is that of process readiness. In the term process readiness - we are referring to the process of preparing BOR to react quickly and efficiently to a natural or man made disaster event. This process includes supply management of load tickets, truck certification forms, and other critical supplies necessary for immediate response and accurate documentation. We use technology to make data management more efficient, upgrading our load ticket and invoice reconciliation software systems. Our management team broadens their knowledge and skill sets with FEMA guidance workshops, advanced OSHA certifications, and emergency response training. Grant Support: BOR has extensive experience in developing funding strategies to assist communitie.' in receiving Federal and State disaster and mitigation funding and special appropriations for disaster relief, long-term recovery and mitigation projects. We routinely provide local mitigation stmtegy staff support to improve the community's resistance to damage from known natural hazards by providing technical and strategic assistance in prioritizing and positioning their initiatives to compete effectively for pre- and post-disaster mitigation funding, thereby reducing the cost of disasters at all levels and speed community recovery. BOR is prepared to work with the County in determining the planning and preparedness services that the County feels are necessary. 'to -::,,'~nr ':1~"nrr~p ~r1d Ra'-'''\fp''l ~ '_,-_..",_ I ""''''r,~l '.."'; _,'., w''') w". The "Response" Phase is the period of time immediately following a disaster event when essential roadway arteries must be cleared in order to allow access for emergency vehicles, food and water distribution, etc. The '"Recovery" period follows the Response Period and includes the vast majority of debris removal operations. The sections that follow present BOR's approach to ser,ices during the Response and Recovery periods. Copyright@2006, by Beck Disaster Recovery. Inc. Confidential: This document is conSIdered a trade secret and any misappropnatlon may be subject to civil and cdminal penalties. 4-3 ~ .... .' ....;.. PrOject 'hnagement BOR's approach to project management involves the development of a robust project team to allow for key staff with project management responsibilities to focus exclusively on the project management function. Specific elements of BOR's project management approach are discussed helow. Project Management Plan (aka Debris Management Action Plan): Upon activation, one of the initial tasks that BOR will perform is the development of a project management plan for the specific disaster occurrence that includes essential documents including; (I) an organizational chart showing the inter- relationships of County, BOR, and debris removal contractor staff, (2) a contact list of relevant staff persons from the County, BOR, and debris removal contractor staff, (3) a copy of the BDR and debris removal contractor contracts, and (4) other key tield documents such as a County map depicting TDSRS locations, etc. Cost Tracking: BOR recognizes that one of its primary responsibilities is to expeditiously implement a cost accounting system to capture critical data required for reimbursement by State and Federal agencies. Daily Meetings: BOR will facilitate daily meetings between County, BOR, and debris removal contractor project management staff (typically around 4 to 5 p.m. in the afternoon) to discuss daily results, problems that require resolution, coordination issues, potential operational improvements, etc. BOR staff memhers in attendance will include BOR's Project Manager (or their designee), the BOR Operations Manager for each contractor, and other appropriate BOR staff as necessary. BDR has found that daily meetings are essential for the first few weeks of a debris removal operation after which frequency is typically reduced, as appropriate. Work Scheduling: BDR will work with the County's designated Debris Manager to schedule work for each day. BOR will assist the County in identifying and addressing critical damage areas and "hot spots" that require immediate attention. Reports and Website Management: Information is one of the most critical elements of a debris removal operation. BOR's daily reporting system will provide the County with daily and cumulative statistics, including; (I) number of collection vehicles operating, (2) total loads and cubic yards collected per TOSRS, by debris type (3) total loads and cubic yards collected per contractor, by debris type (4) average truck size per contractor. (5) number of participants at public drop-off sites, etc. A copy of one of BOR's standard daily reports is included at the end of this Section. BOR is also prepared to comply with the County's requirements for weekly reports, a final summary report, and other reports and documentation as requested. BOR can assist the County in developing and managing a website on the debris removal process. The website would likely include; (I) instructions on proper debris set-out procedures, (2) maps (updated daily) showing the progress of debris removal operations and general timeframes when debris removal contractors can be expected in a general area, and (3) daily and cumulative debris collection statistics (loads and cubic yards removed). H Copyright IQ 2006. by Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any mlsappropriarion may be subject fa civil and criminal penalties. J'~" " . -' , j ",". i .-,,'~ :-< Debris Hotline Call Center Operations: Following a disaster, citizens will look to the County for direction regarding the debris removal process ,md project progress. BDR j.-. {Jnpwyd to a,,~iSl JlunFoe' County in (~,[{Jhli~hijJg {'ifd\'!aj:fl"ng a "rft'hris /rodi}]e" /nduding ,.,'uPP{v;'iJg '.qUipJilL'llt. phonl: filles. ~{.;'. to N"p,md!(i puNic '~';jji/p!{fiilt\. dnd C/)IlC(;'I'/.1,';. BDR operated Escambia Connty's debris hotline - as a FEMA reimbursable expense following Hurricanes Ivan and Dennis for approximately a 12-month period. Escambia's Call Canter Contractor Damages: Damages resulting from contractor debris removal efforts are inevitable in a debris removal effort. BDR has developed a database application to track and help the County manage contractor damages. Resource Management: B DR maintains a staff of Resource Managers in our Orlando office with an exclusive responsibility to assist Project Managers and other field staff in obtaining and coordinating staff, equipment, and other field logistics Damage Assessment BDR possesses unique skills and resources to assist the County with a damage assessment inventory following a natural or man made disaster. Our approach to damage assessment begins with the BDR Project Manager coordinating with the County's Debris Manager (or other assigned individual) to identify the specific damage assessment services requested (e.g. debris related, structures, utilities, etc.). The BDR Project Manager will communicate with the BDR Resource Manager and the appropriate staff with the proper service acumen wi II be mobilized. A key element of the damage assessment process is determining the quantities of debris created by the event throughout the County. In order to adequately plan and mobilize for a disaster debris recovery effort, it is critical to understand the potential quantities of debris that may be generated. BDR has found that rather than relying upon a single approach, a combination of debris estimating methodologies generally produces a more accurate estimate. BDR will perform both computer model-driven and in-the- field evaluation of the amount of debris requiring removal. The debris estimating methodologies that will be used include: . U.S. Army Corp of Engineers Debris Estimating Model (this model is widely utilized and takes into account factors such as hurricane category, population base, amount of vegetative cover, etc.); Drive-By Parcel Survey to estimate the average quantity of debris per parcel, then multiplying the debris per parcel figure by the total number of parcels (residential. commercial, or both) in the applicable jurisdiction; ElIC1UIdlia Cou..,- I n.rilM ,'~jll- .. -;1 ( ;., ..l'",.,';j"",'" "ulH~"..a-. .'";"..,,, l""i",.."".!I.'~H(~ --;j"...".........,. \.....,.Il<..lll..-adnl... "_01...........011__. _......p;uIio..l~oIi~ W~:" ,..... ,. . . Q~f1ln(\K"KiIij ....... v .. c , . , .........,.(tIoIooHi"........... _hor...r-....w. _,.........,r..............r..... ,~.,.,.............1Opl1.:< ~...""'i_...-multi,&..- _pnoci.........o.....................lipWI L'....'.'"IO w._ " ,~ 'N '" ,,,...,II-',""'J;U.iorio ~h.,.":Jdlv.-..... T"..IDo.... 1.If>"I.!lOll "~HlIJIJ ....- ~ "\;:.,11-...01)' lJobri. \.,~...... C",-I\,-...,.r.><lo<;..R.k '.I"",1\""""'Do"",~',..,~",,,_ 1,1I1<,IJlO .!I:!U !7.(.y.I.H" "~"d'-.~r)I.lo~.\,A_ ,1i,..I"!o-IJlloki.H,oIo ,h.",'.l<I)IMori,C,-lf-l_ l.."OIl" .".... (,''l'2.1.,,7S r,....u.I>ri._....u._.._... . ......- 1......\~.(',...I:'O-...'~ ",JI...... r,A~llltlwlo"""'....I'.-_'~.<'l ~ 1\!-J<"",MolI ""'. "1"'-0' """,Po ,.-._ ,.~...,~.". ."'..-. ,-, .-..-..--.,-,.,,---"" ...--. .,_..>". ,,~.~ '.........~._.~ ~..,._,...__ '....,~,.., '" ,....,."'"_.~.....n."..... '.,-,,'r._....<.... W'__T~ ,'"<.....",.~......-, Copynght@2006, by Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. 4.5 .,').::',,,,.\,., , . Flyover (to determine if the debris field is isolated in certain arcas or widespread across the entire jurisdiction); and . Personal estimates by BOR and debris contractors experienced in disaster recovery efforts. Each of these approaches will be considered in developing an estimated debris volume in the County. ::Jush Period ,A,ss\star;C8 The 72-hour push period is the time when debris removal contractors (and/or County crews) are charged with clearing blocked roadways for emergency vehicle passage. If contractor crews are utilized, the work is generally done on a time and materials basis during this period. Because this period is typically reimbursed by FEMA at 100% Federal Share Level, it is critical that equipment utilized for emergency road clearance work is properly identified and logged. BOR is prepared to assist Monroe County during the push period in a number of ways including: (I) conducting an inventory of blocked roads that require immediate clearance, (2) administering the sign-in and sign-out of labor and equipment to track time and material charges, (3) assisting County staff in maintaining maps or databases to track road clearance progress, and other essential tasks as requested. Pubtic Information Support Those local governments that have received the highest praise from their citizenry following a disaster are typically those that have communicated the best. BOR is prepared to provide public information staffing support as requested by the County. BOR has full-time public information/relations staff available to assist County staff with press releases, public notices, web-site development and support, and other public information functions. Truck Certification Truck certification is perhaps the most critical element of the monitoring component of a debris removal project because the process establishes a volumetric capacity for each collection vehicle utilized - many of which deliver hundreds of loads during a debris removal project. Minor errors in truck certification measurement and calculation can result in substantial volumetric and cost discrepancies. BOR has established a standard methodology for truck certiftcation. Aspects of BOR's truck certification procedure include: . Use of the BOR truck certification form. This form includes the latest in FEMA guidelines on truck certification documentation and volume calculations. . Minimum Vehicle Requirements: BOR will inspect eollection vehicles to ensure FOOT and County compliance. . Special notations on truck placards for sidehoards and other unique vehicle attributes. These notations inform tower monitors that the measured capacity includes sideboards (or other modifications), thus discouraging collection contractors from fraudulently altering vehicles after certification. . Photography of vehicles and dri verso . Periodic spot checks and recertification of trucks that were potentially altered after initial certification. 4-6 Copynght@2oo6. by Beck Dlsasler Recovery. Inc. Confidential: ThiS document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. .-,--. BDR has developed a number of unique approaches to our field monitoring program. Specific aspects of this program are highlighted below. Local Employees: One very imponant goal of a disaster recovery effon is to put displaced workers from the local area back to work. BDR is committed to hiring and training field monitor staff from Monroe County. Typically, 95 percent of ollr project staff is hired from the local area. To the extent there are concerns over the quality of field collection monitor staff. BDR is prepared to bring in experienced Field Monitors from other pans of Florida (all of which worked for BDR during the 2005 storm season). All BDR field personnel will be provided with badges (including a recent photo) identifying them as County contractors. Field Monitor Training Program: Prior to monitors being put in the field. they are required to participate in BDR's Field Monitor Training Program. Our 2006 training program includes a video and PowerPoint Presentation on Field Monitor responsibilities. In addition to this training. monitors will be provided with a variety of field reference documents (e.g., sample completed tickets. etc.). Daily Field Monitor Operations: The bullets below highlight some of the various aspects of a BDR debris removal program. . At the stan-up of collection operations, BDR Collection Monitors arrive at the staging location approximately 45 minutes prior to the stan of field operations. Activities that typically occur during this 45 minute period include: I) debriefing by Collection Manager and/or Field Supervisors on imponant issues, 2) distribution of safety gear (caution lights, safety vests, ctc.), and 3) distribution of map books and debris tickets. Strict records are kept of the debris ticket numbers assigned to specific monitors allowing for easy tracking in the event of alleged fraud. At the outset of collection operations, we anticipate approximately Dne monitDr assigned tD approximately four trucks. As operatiDns continue and trucks spread out within collectiDn zones tD efficiently cDllect scattered debris. the ratiD Df mDnitors tD trucks will likely decline. . A CDlIectiDn Field Supervisor will be assigned tD approximately ten tD twelve monitDrs. BDR has found this to a reasDnable ratiD thereby allowing Field SupervisDrs tD routinely interface and perfDrm quality assurance cDntrDI checks with Field Monitors Dn multiple occasions each day. RespDnsibilities of the Field SupervisDr include verification of load ticket accuracy and response to Collection Monitor and debris contractor issues in the field. . Field Monitors shall be responsible for: (I) verifying the proper loading and compaction Df debris into the debris recovery contractor's cenified loading container, (2) ensuring that all debris recovery cDntractDrs and their subeDntractDrs adhere to the Monroe County's Debris Managemcnt ActiDn Plan and that they are wDrking in an efficient and safe manner, (3) surveying their assigned areas fDr special need issues (e.g.. stumps, leaners/hangers, etc.), and (4) pbDtDgraphing IDads as directed by the CDunty. At approximately 3 p.m. each afternDDn. we will ask the Debris CDntractDr Project Manager tD provide an estimate Dn the number of monitDrs that will be required fDr the fDllDwing day. This will allDw time fDr the BDR Scheduling Manager tD schedule the appropriate number Df cDllectiDn mDnitDrs fDr the follDwing day. COpYTlght@2006, by Beck Disasler Recovery. inc. Confidential: This document is considered a trade secret and any misappropriauon may be 5ubiect to civif and criminal penafties. 4-7 "":..,: . At the close of operations each day, all Collection and Disposal Monitors will report back to the staging area to I) turn in all completed tickcts, 2) update the master map book showing street areas cleared of debris on that particular day, and 3) report any inconsistencies or problems that occurred during the day. QA/QC Program: The vast majority of ticket errors occur within the first few weeks of the initiation of a debris removal program, As such, BDR assigns QA/QC staff to each TDSRS tower with the sole responsibility of reviewing tickets and contacting Supervisors and Field Monitors immediately after errors are identified. This process serves three very important purposes: (I) it allows BDR to quickly rectify ticket errors by getting the correct information immediately, (2) it provides instant feedback to Field Monitors thereby reducing errors that would otherwise be made throughout the day (until such time as tickets are reviewed), and (3) it allows BDR to track monitor performance (and terminate those monitors that make repeat errors), Other Field Monitoring Support Services: BDR has extensive experience with all aspects of debris monitoring beyond traditional right-of-way monitoring including: (I) leaner and hanger removal programs, FEMA and NRCS waterways debris removal programs, (3) abandoned vehicle and vessel recovery programs, and (4) comprehensive private property/Right-of-Entry (ROE) debris removal programs. BDR has administered the largest ROE programs in recent history including programs for Escambia County (FL), Gulfport (MS), Harrison County (MS), and Waveland (MS). TOSRS ~ilon!toring and Support BDR's approach to TDSRS monitoring and support stems from the parent company's decades of experience in the design and operations of solid waste management disposal facilities. Examples of specific approaches relative to TDSRS monitoring and support are identified below. TDSRS Emergency Permitting: BDR is highly knowledgeable of the FDEP Emergency Permitting Program. BDR routinely serves as the local government's agent for TDSRS permitting Issues. TDSRS Tower Monitoring: BDR will provide a minimum of two Tower Monitors per TDSRS tower site. Specific responsibilities of Tower Monitors shall include: (I) making truck fullness load calls and recording the information on the proper load ticket, (2) taking photographs of loads (as directed by the County), (3) consulting with truck drivers and debris contractor staff on potential safety issues, (4) verifying that contractor equipment is empty prior to leaving the TDSRS, (5) collecting and organizing load tickets and providing them to designated BDR staff. BDR's Tower Monitor training documents are included at the end of this section. BDR is also prepared to provide security at TDSRS sites while not in operation. Public Drop-Off Site Operations: BDR is prepared to provide site supervision (at levels directed by the County) for any public drop-off sites that the County may elect to open. Residential drop-off site services routinely provided by BDR include site permitting, traffic support, address verification (eligibility determination) and recording, general customer service functions, and site closure and security. Market Assistance: BDR staff is uniquely familiar with disposal and recycling markets throughout the State of Florida. During the 2004 and 2005 storm season, BDR assisted a number of our clients in 4.8 Copy';gnt@2006. by Beck Disaster Racovery, inc. Confidential: This document IS considered a trade secret and any misappropriation may be subject to civil and crimina! penalties. evaluating proposals by collection contractors on proposed outlets for storm debris residuals (both chips and C&D debris). Other TDSRS Support Services: BDR is prepared to assist Monroe County with any other TDSRS services that may be required including traffic support (i.e., Ilaggers) and after-hours site security. One of the most important and time consuming clements of a disaster recovery operation is the process of managing thousands of load tickets and reviewing and approving debris contractor invoices. BDR has received praise from both municipal staff and debris contractors for the promptness and level of attention that we have placed on this very important dement of the debris recovery process . [::ita ,~,Cjmji"i~3tr.:'ltion :lnd lrvoi;:e ;=iec:Jnc'iiaiifY1 After tickets are turned in to the staging location each day, the following steps will take place: . Tickets will be transported to BDR's local field office and entered into BDR's database on the following day. i-------- I , : TIM'8 of"roaa...da. Ntw York _v....__I'bfA..I~ t, r~~~-,~~i .~" ::1''' . . V_('_.~-"'" """ ....., ,"" _,,- '-~~ lID ",__jl:;Yj ......_M._ v<........ .- "..... .." ,~. ~-"_\IIloTMatI -.,..-...- .... f"."fP,\/I);;'I1'lAA$ ,- Il .'~ -- II ~7' As soon as all tickets have been entered (typically around 3 p.m.), the County (and any other stakeholders that the County would like to have the information - FEMA debris coordinator. etc.) will be emailed a summary of the previous day's work to include total trucks in the field, total debris loads collected (by material type). total cubic yardage collected (by material type), and other data. as requested. by the County. BDR can also provide a daily GIS map to the County showing the roads that have received first. second, and third collection passes. If desired, BDR can also maintain this information on a County or BDR website so that accurate, near real-time information is available to the public. I i I ..,,-..----..- I 3DR ;ends daily reports Yla "mail to ," clients to 1{!:!Cl> !hem informl.!d of th~ clean-iJ!). OrO':f"ii. _' -' ......- ~ I ______..-1 -.w_.IC'YI t__.-p......._ Vop_ lW"," 111-,,,,.1 II','''' -=--~'-I C_..PNjon.._ .... """ ~. l_'__*"_ r~r."fJ+ .' :<:1:~~~:;4~~;, lASfP.'\Il1tTl>'IIO.li ,- )l~' 11'''100' -- 1l:lO 117......1 T....t__.CI'~ 1>.,..('- I'>ICI'~.......' FlI.'>o:r<Ilo-.l.lI..........."'. 111,'''' " ll.~.l' .......-...- ",_.,il..."W_ "'_wlJl...-l~"". r_...,.f_ ,....r.kY_C"._ N_fIl~C~ 4,<_''''''~C'''' ",",_'lI"CI") \.....l\1!!"(.\-, "',_l><:ol('V> r___ ""-'- " " ~.,".. " )~, Tickets are filed in numerical order, by day. by debris site. Database queries are run to check for blank fields on tickets, duplicate ticket numbers. unreasonable cycle times (time loaded vs. unloaded), etc. If a problem is noted. the tickets are pulled and reviewed. If necessary. the Collection Monitor who wrote the ticket is interviewed to clarify critical information. <it For invoice reconciliation, once invoices are received at BDR's offkes they are electronically and physically date stamped. A database query is run that performs a ticket by ticket comparison of the BDR database versus the contractor database. The database generates a repon that shows where the two databases agree, disagree, or have missing information. A BDR Data Analyst is tasked with Copyright@2oo6. by BeoK Disaster Reoovery, Inc. Confidential: This document is conSidered a trade secrer and any misappropriation may be subject to civil and criminal penalties. 4.9 . , pulling all tickets in question and making a determination of required corrective action. A pre- approval report summarizing all tickets that match or pass the reconciliation process is forwarded to a BDR Financial Analyst. To the extent that tickets still in dispute are less than the contractor's rctainage -the invoice (less the retainage) is approved for payment. The BDR Manager-in-Charge of Invoicing then prepares a letter to the County representative responsible for invoice payment recommending payment of the invoice. Following invoice approval, an extensive process to evaluate tickets that differ in the BDR and contractor databases is performed. This typically requires significant communication between BDR and contractor staff to resolve discrepancies. After all discrepancies are resolved, BOR sends a follow-up letter to the County recommending the amount of retainage to be released. Finally, a BDR Invoicing Specialist performs an audit of materials in the invoice file to ensure that the tile is complete. . BOR's proprietary database allows the County to track the impact payment approvals make on obligated Project Worksheets and County Purchase Orders (PO). This allows the County to effectively plan PO adjustments and the need to generate adjustment (Version) Project Worksheets. Funding Support BOR is committed to ensuring that our clients receive maximum reimbursement for eligible work from State and Federal agencies. Specific funding support services provided by the BOR team are outlined below. Immediate Needs Funding Support: One of the unique elements of BOR's approach is our focused initiative to obtain Immediate Needs Funding for our clients. This process involves: (I) development of a debris quantity estimate that is supported by FEMA staff, and (2) preparation of a Project Worksheet to cover the estimated cost of the entire debris removal effort at the outset of a project, and (3) assisting the County and FEMA Public Assistance Officers with Project Worksheet amendments (as actual debris quantity estimates begin to firm up). 8C,QD ,;"?{i c,r_,s.; ~r'-:-;n ;::C'l.i, 'f ,-:ra, c;', . '};',;.a:ty' ':ec]; the'>: Jc1t.) diGit; F;;.n1, ,;.>';;; ''1.) ,:.f ;,:tjl/ 'jn;F; N ;,;;';3 Appeals: Based on our in-depth knowledge of FEMA reimbursement policies, BOR routinely assists our clients in preparing appeals. Our legal staff and appeals specialists have successfully recovered millions of dollars of previously de-obligated funds on behalf of communities throughout the Southeast. FundlnglRegulatory Assistance: BDR has former senior level FEMA staff located in Washington, O.c. that can provide support in tracking client Project Worksheets throughout the process and providing quick response to problem issues that may be slowing funding. 4, 10 Copyright@2006, by Beck DISaster Recovery. Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to eMf and criminal penalties. :: :~ v'~ .....:'" ..='r~f.J'4(. o.rl.""'" ;.A.';S ":J:2~r.l,~'n:.:::p, ;,If'1!><l Ro,",""\\';::.ni ~c.nii,"'l~'-'" '-J-- --, ---, _'..1;--_ .,)~, '...l.,.,J, ",,<"'_i.-.I') .,_,.,.;",,\....'....;:J [n addition to the services outlined above, BDR is prepared to assist the County with other disaster preparedness, response, and recovery services as needed. Such disaster and emergency services may include: Pre-event disasterfemergency management planning services . Emergency operating and preparedness planning studies . Hazard mitigation planning Emergency Management Accreditation Program IEMAP) approvals . Continuity of Operations Planning (COOP) . Provide training of County staff in essential debris management and collection functions . Mitigation grant writing and project management . Other pre-event disaster/emergency planning services Post-event disaster/emergency response and recovery services If Infrastructure damage assessment and restoration . Housinglbuilding/utility/transportation system inspections, engineering, contract procurements and construction management . Assessment of habitability of residential and other structures . Hazard mitigation plan development . Hazard mitigation grant writing/development iii Signage inventory and replacement . Other post-event disaster/emergency response and recovery services. Copyright@2oo6, by Beck Disaster Recovery, Inc. Confidential: This document is conSidered a trade secret and any misappropriation may be subject to civil and criminal penalties. 4.11 S2CT\C::"i 5 GU,A,L:F\CAflQ~,,~'3 OF t<c\/ '::)E~-:,SOi"Ji.~EL Finn Structure Beck Disaster Recovery, Inc. (BDR) is a wholly owned subsidiary of R. W. Beck Group, Inc., and was incorporated in the State of Washington on October 23, 2000. BDR's parent company was established in 1942. A listing of BDR's principals and officers has been included in the table below. Principals of the Firm Usting f- Directors Jay Biagi Jonathan J. Burgiel Albert B. Malsmjo, III Charles M. McLendon Merrill Ring Russell J. Stepp Officers Albert B. Malsmjo. 111- Chairman of the Board Jon M. Hoyle - Vice President Jonathan J. Burgiel - Chief Executive Officer Jonathan F. Schaefer - Vice President & Secretary Charles M. McLendon. President Elaine M. Clark - Treasurer Nathaniel T. Counsell - Vice President Un Ross - Assistant Secretary Ability to Manage Tasks Simultaneously BDR has an outstanding reputation for completing projects on time and within budget. We have undertaken and successfully completed several projects on fa't-track schedules. Internally, it is the practice of BDR to review our projected workload and assess the firm's stafting requirement' on a continuous basis to ensure we can provide responsive services to all our clients. We are careful not to over commit our staff. We staff our projects in order to maintain our qualifications and experience on a long-term basis. We believe that this philosophy permits us to meet challenging projects with creative, practical, and economical solutions. Wirh respect to the client, BDR acknowledges the value of a collaborative effort between a client and its consultant. Each project is assigned a project manager who is responsible for the effective and efficient prosecution of the engagement. BOR's project managers are senior level professionals with extensive disaster management and recovery experience. We commit experienced, qualified individuals to each project in our selection of project teams for clients. Once a project has been initiated, BOR maintains communication with the client throughout the engagement, allowing potential project pitfalls to be identified and dealt with proactively. BDR has successfully managed multiple disaster events simultaneously. At its peak ,Jurin; (IU? 2f)tj5 ;':i!Ti,'rl'I':)\.,'a~"ijl, ,,'hich :,'(~':,' ,'l,(!;htJI iifl \'(J~'(';'llb{'r J5. 21m.', Bf)R <'I!lp/uyc'd.'l' {,'X,?n'S i)r ],3,')0 ..'1 ,'T\-i)!fJld fJll hchl!!l !~l'!3 ,:'!inlL: in Florida. TL.(IL\ find \lls'.'I,\',ippi. This experience ensures the County a safe and quick response and allow.s the County to restore its normal operations as quickly as possible. As our clients from the 2004 and 2005 Hurricane seasons can attest, we have provided only the highest level of service and quality work product. Copyright@2006, by Beck Disaster Recovery, Inc. 5-1 l( "', 1'",,""0' nnel ,. ."", ,.~ _" "I Beck Disaster Recovery is staffed hy a unique hlend of technical, financial, analytical, and engineering talent each developed through a hands-on approach to prohlem solving. We're proud of our ability to attract and retain some of the hest and the hrightest. Rooted in sound engineering principles and business hasics, our engineers, operations managers, field and support personnel work relentlessly to get communities back on their feet and properly rcimhursed hy FEMA and other emergency management agencies following a major catastrophe. BDR will utilize local area staff to fill the key project positions, and they will be assigned to the project from inception through completion. These employees are intimately familiar with the local area and local disaster recovery efforts. This consistency and local expertise in management personnel uniquely qualifies BDR to fulfill the County's monitoring requirements. Our organization of staff will produce seamless communication with County and FEMA officials, and consistency in administering and implementing County and FEMA guidelines for disaster recovery. Through our extensive Florida experience and efficient use of local staffing, BDR is the most highly-qualified disaster response team delivering an expedited response time and cost-effective monitoring services. The following outlines tbe key personnel proposed for this project. The roles and responsibilities of each project team member arc demonstrated in the organizational chan at the end of this section. Jonathan 8urgiel Principal-in-Charge University of Central Florida: Masters in Business Administration Tufts University: B,A. in Economics Mr. Burgiel serves as the Chief Executive Officer of Beck Disaster Recovery, Inc. In this capacity, Mr. Burgiel manages the business operations of all disaster recovery effons including preparedness planning, project staffing, logistics, FEMA reimbur.sement suppon and accounting/auditing oversight, and debris hauler procurement and contract negotiations. Mr. Burgiel is dedicated to helping communities plan for and recover from disasters and provide the necessary documentation to receive the maximum allowable reimbursement from Federal and state emergency management agencies. To date. he has overseen the collection and disposal of more than 42 million cubic yards of storm debris. KEY AREAS OF EXPERIENCE . Disaster Recovery Planning . Comprehensive Program Managemenl . Contract Negotiations . FEMA Compliance Monitoring . FEMA Reimbursement Mr. Burgie!'s experience is based on 22 years with R. W. Beck. parent company of Beck Disaster Recovery. where he most recently served as the firm's National Director of Solid Waste Management. His disaster-related work has included assisting clients throughout Florida and the southeastern and Gulf Coast regions of the United States in response to the hurricanes of 2005 (Katrina, Rita. Wilma, and Dennis), 2004 (Charley, Frances, Jean and Ivan), Hurricane Lili in 2002 in Louisiana. and Tropical Storm Gabrielle (200 I). Most recently, Mr. Burgiel was responsible for supervising an immediate response team to provide storm debris clean-up and recovery planning efforts on behalf of Santa Rosa. Eseambia, and Monroe Counties and the City of Pensacola, Florida in response to Hurricane Dennis in late 2005. Mr. Burgicl is intimately familiar with local state and Federal solid waste and hazardous waste regulations, as well as Department of Transponation (DOT) regulations, Florida Department of Labor (DOL) Occupational Safety and Health Administration (OSHA) regulations, and Federal Emergency Management Agency (FEMA) and Federal Highway Administration (FHWA) policies and reimoufscment procedures as they relate to disaster and debris management and recovery. 5.2 Copynght@2006.byBeckDisasterRecovery.lnc. F.''-''-.,-'_,J, :";:~S>~l\~j'-::_ I:: Recent clients "ith whom Mr. Burgiel has been directly involved include: Counties of Miami-Dade, Monroe, Santa Rosa, Lake and Escambia; and the Cities of Boca Raton, Marathon, Orlando and Pensacola, Florida. Nate Counsell Project Manager Rollins College Crummer Graduate School of Business: MBA. International BusinesslFinance Rollins College: B.A. in Economics Mr. Counsell specializes in providing comprehensive disaster recovery services. He has served as Project Manager and/or Field Operations Supervisor for a number of Florida communities in response to the 2004 and 2005 hurricane seasons. Mr. Counsell's disaster recovery experience includes mobilizing first response teams for deployment, assisting with staging operations, and managing scheduling, dispatching, and logistics operations for field inspectors assigned to storm debris clean-up. With regard to financial management of recovery projects, Mr. Counsell has provided contract consultation for many of Beck Disaster Recovery's clients throughout the Southeast and frequently serves as the contractor liaison for invoice reconciliation and processing. Mr. Counsell has focused his efforts on really understanding FEMA, its people, policies and procedures for getting things done. He is routinely called in to help clients prepare the required project worksheets and has probably been more successful in securing advanced funding from FEMA as well as supporting clients as they work through the FEMA appeals process to secure the maximum reimbursement than any other consultant in the Southeast. Wayne Kilpatrick Mr. Kilpatrick is an Operations and Project Field Manager for Beck Disaster Recovery. Mr. Kilpatrick has an intimate understanding of all aspects of emergency debris removal monitoring work activities from both the contractor and monitoring perspective. Mr. Kilpatrick is experienced in all aspects of disaster planning and recovery including mobilizing response teams, permitting debris sites, staging logistics, and Federal Emergency Management Agency (FEMA) compliance monitoring protocol and reimbursement policies. He also provides private property Right of Entry administration, waterways clean-up and beach remediation services. Operations Manager KEY AREAS OF EXPERIENCE . Program Management . Field Operations & LogistiCS . Project Staffing . FEMA Compliance Monitoring . ROE Administration . Water-way Clean-up Through his disaster recovery work, Mr. Kilpatrick has developed significant knowledge of federal, state and local regulations pertaining to solid waste management, hazardous waste management, FEMA, Department of Transportation (DOT), Florida Department of Labor (FDOL), Occupational Safety and Health Administration (OSHA), and Federal Highway Administration (FHWA) regulations, policies and reimbursement processes. A list of recent projects in which Mr. Kilpatrick has directly been involved with is provided below: . Lake County, FL - 616,000 cubic yards . Monroe County, FL - 200,000 cubic yards City of Gulfport, MS - 2,000,000 cubic yards Copynght@2006, by Beck Disaster Recovery. Inc. 5-3 '<-if SChU'~ 'PE - .' .:;,.~ I.' ..r' I I >;" J . . Permitting/GIS Mr. Schulz joined BDR's parent company. R. W. Beck. Inc. in 2004. Mr. Schulz is the Vice President of R. W. Beck's Water Resources practice. Mr. Schulz has 19 ycars of experience in civil engineering and consulting. i<EY ;\ReA3 OF SX?~RiENCE ! . Infrastructure Engineering I . Hydraulic Engineering . Stormwater Planning I . GIS Modeling ~I . Strategic Planning . Environmentallssues Prior to joining R. W. Beck, Mr. Schulz was employed at CH2M HILL in Englewood, Colorado as a Senior Hydraulic Engineer, Project Manager, and Business Development Leader specifically focused on water resources. municipal infrastructure engineering, stormwater planning and design, and hydraulic engineering for transportation projects. His technical specialty areas are analysis and design of systems for water conveyance and storage including raw water, treated water and municipal distribution systems, and stormwater collection, conveyance, and treatment systems. Before joining CH2M Hill, Mr. Schulz was employed with Merrick and Company in Aurora, Colorado as an engineer and Project Manager in the Infrastructure Group. His primary duties included the development of specialized applications of GIS-based models for analysis of municipal infrastructure engineering including water and wastewater systems. He was also responsiblc for project management, training in-house staff and clients in application of GIS technologies for engineering analysis, and providing tcchnical marketing support in GIS for a company of over 500 engineers, architects, and planners. Jonathan Schaefer Resource Manager KEY AREAS OF EXPERIENCE Florida Institute 01 Technology: M.S. in Systems Msnagement University 01 Central Florida: M.S. in Industrial Engineering Geneva College: B.S. in Industrial Engineering Mr. Schaefer is the firm's Director of Operations. In this role he is responsible for two primary functions. First, Mr. Schacfer is responsible for seeing that thc logistics of any deployment are carried out quickly, efficiently and with the nccessary equipment, supplies, personnel and matcrials. Secondly, and equally important, Mr. Schaefer is responsible for making sure field and support staff are properly trained in the policies and procedures required for a safe working environment and in compliance with National Incident Management Systems (NIMS) guidelines. He has undergone extensive course work in Occupational Safety and Health Administration (OSHA) and has the following certifications: . OSHA 510: 40-hour Constmction Safety . OSHA 500: 40-hour Constmction Safety Outreach Trainer , OSHA 40-hour HAZWOPER OSHA 7600 Disaster Site Worker . OSHA 5600 Disaster Site Worker Outreach Trainer , OSHA I O-hour Construction Safety 5.4 Ccpy'ght@2006, by Beck DISaster Recovery, Inc. . Operations Management . Training . Logistics . Comprehensive Program Management .-.j Peter Sander Rollins College: B.A. In International Business Mr. Sander is a Project Field Supervisor for Beck Disaster Recovery. Inc. Mr. Sander has heen directly involved in all phases of disaster recovery efforts, including disaster manageml:nt response, debris management and monitoring. and Federal Emergency Management Agency (FEMA) compliance monitoring protocol and reimhursement policies. 'J'J;~'_ F,C;,:TC\S !':y '-'::.;..:.s::: Field Monitor Supervisor KEY AREAS OF EXPERIENCE . Disaster Debris Management . Field Monitoring . Project Staffing . FEMA Compliance Monitoring Through his disaster recovery work, Mr. Sander has developed . Multi-Agency Coordination significant knowledge of Federal, Stale and local regulations penaining ____...___ to solid waste management, hazardous waste management, FEMA, Depanment of Transponation (DOT), Florida Oepanment of Labor (FOOL), Occupational Safety and Health Administration (OSHA), and Federal Highway Administration (FHWA) regulations, policies and reimbursement processes. Most recently, Mr. Sander assisted Monroe County following the hurricanes of 2005 & 2006 that affected the area. Mr. Sander assisted with staging logistics, supervising field monitors and day-to-day field management acti vities. Jon Hoyle Rollins College Crummer Graduate School of Business: MBA, Management and Finance Rollins College: B.A. in Intemational Relations Mr. Hoyle serves as BOR's Director of Field Services and is also a Vice President of the Company. Mr. Hoyle served as BOR's Project Manager in assisting several of Mississippi's most affected communities recover from the effects of Hurricane Katrina. Mr. Hoyle has significant debris management experience, having served as Project Manager for some of the largest clean-up projects in U.S. History. This included assignments for Harrison County (MS), the City of Gulfpon (MS), the City of Wave land (MS), and Escambia County (FL). Mr. Hoyle is an expen in FEMA reimbursement policies and procedures and is regularly called upon by clients for reimbursement guidance, appeals suppon, etc. Data Manager KEY AREAS OF EXPERIENCE . Comprehensive Program Management . Operations Management . Logistics . FEMA Compliance Monitoring & Auditing Oversight . Hauler Invoice Reconciliation . FEMA Reimbursement Mr. Hoyle also has extensive knowledge and experience with day-to-day field management activities. He has vast knowledge of TOSRS siting/permitting, truck cenification, collection monitoring, di,sposal monitoring, and data management and reimbursement. Mr. Hoyle is experienced in all aspects of disaster recovery including Right of Way debris removal, private propeny (ROE) programs, waterways, beaches. and abandoned ,chicles/vessels. Copyngnt @2006, by Beck Dlsester Recovery, inc, 5-5 Joanne Martin Emergency Management Planning Manager University of North Carolina: B.A. in Journalism Ms. Martin is recognized nationally for her knowledge and experience in disaster preparedness, emergency planning and continuity of operations planning. Having led the growth of the company's continuity planning practice for government and business since 200 I, shc has been involved in the development of more than 100 disaster readiness plans for state governments. local governments. non-profit organizations, colleges/universities and private sector businesses. Most recently, she performed training on the statewide standards and guidance for COOP planning for agencies of the Commonwealth of Virginia. 5.6 Copyngl"lt@)2006, by Beck Disaster rlecovery. inc. KEY AREAS OF EXPER!ti\4CE . Emergency Management . Disaster Preparedness Planning . Continuity of Operations Planning . Hazard Mitigation Organizational Chart PROJECT CRC;u,NIZATjO~,1 >101";;';'';' ';,.,G') "f't. ,(;:1,;":',::L~ i::>n:;;'.:;;;{ ;'1,-;'1~;{:"r Nate CCl.;nse:1 ()p,n,):;;')~1S f'1;H~;:':~ei V/ade Kilpdtf'ck -----L~_~___..__.~, p(",E-j<;'!l<: S"",I'V;'{;,;,, Emergency Management Planning jOilr,r.e Mil:"!Jl Bari.Jarj Hc~p'j:> I ! I Grant Support r J2.ke H"ggerty f ,__,_"~_.~J Training T::l.mi Mann .Y. ,.;" ( i / 0: ,,',' / DISASTER RECOVERy">iC Copyright@2006, by Beck Disester Recovery, inc, i. ~ Jo:~ath]n BU:-,2,:el _.~_..-----.....l...._.___.__._ ;::I, ,,;>;':"~,;'r,t s(-",-'/;~>O!; Permitting/GIS Jeff SChoJiZ, PE Resource Management j'Jn<lt:13n Scha~fer Debris Monitoring Peter Sander jeff Phd/"""lon Data Management/Invoicing ;on HOlle J.m Pacenta Funding Support Dan Craig jim SC'1Lmann Damage Assessment K,~i~h Platte, RE. Public Information Ldurrt Hazg :-~'\-3 :JF c'\t"y' ':'~R,SrJt-., 5.7 :;;:,:cr:ON :3 m 1_5,6.. There are cUlTently two outstanding litigation cases involving a debris removal contractor which was sucd by a homeowner on a project where BDR was providing monitoring services. Although there is no known evidence that BDR employees were involved in the alleged incident, BDR was also sued by the homeowners. BDR is planning to tender the defense of the litigation to the debris removal contractor, who is expected to assume the complete defense of the litigation. There is no known basis for any deficiency in the services BDR provided on these projects, and BDR expects the claims to be vigorously defended. Copyrlght@2006, by 8eck Disaster Pecovery, Inc. Confidential: This document is conSidered a trade secret and any misappropriation may be subject to civil and crim/fial penalties. 6-1 :3~CT:ON 7 iC~ PRCqCS,i~,!- BDR's proposed billing rates to perform the disaster debris monitoring activities required by the County are provided below. The hourly rates provided are fully burdened rates inclusive of all operational expenses for the positions shown. Schedule 01 Hourly labor Rates lor Monitoring Field Services , Positions Hourly Rates Project Manager $115.00 Operations Manager $80.00 Schedule/Expeditor $69.00 GIS Analyst $65.00 Field Supervisor $65.00 Debris SitelT ower Monitors $52.00 Environmental Specialist $50.00 Project Inspectors (citizen drop-off monitors) $47.00 load rlCket Data Entry Clerk $35.00 Bi/linW invoice Analyst $35.00 Administrative Assistant $35.00 Field Coordinator (crew monitors) $47.00 , Other Required Post-Event " , ! Field Staff Positions Hauler Invoice Reconciliation $75.00 Data Manager $95.00 Damage Assessment Estimator $85.00 . Rates are subject to annual adjustments on the anniversary date of the contract in accordance with the U.S, Consumer Price Index. Copynght@2006, by Beck Disaster Recovery. Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. 7-1 ~.-., C;ti~8( ")...:rv1ces To the extent that the County requests Beck Disaster Recovery's assistance for other preparedness. response and recovery services as identifLed by BDR in Section 4 under "Other Services", the following hourly rates would apply. Hourly rates below include all applicable overhead and profit. Non-labor related expenses will be invoiced at cost, without mark-up. Schedule of Hourly Labor Rates for Other Consulting Services I Other Required Positions Hourly Billing Rate PrincipaHn-Charge $175.00 Project Manager $165.00 Principal Engineer/AnalysVPlannerlScientist $155.00 Procurement Specialist $150.00 Construction Manager $140.00 Senior Planner/AnalysVEngineerlScientist $135.00 Resident Engineer $120.00 - Engineerl AnalysVPlannerlScientist $100.00 Assistant Engineerl Analyst $85.00 Construction Administrator $90.00 - Specialty Inspector $85.00 Inspector $75.00 Analytical Aide $70.00 Surveyor $65.00 Clericall Administrative $35.00 . Rates are subject ta annual adjustments on the anniversary date of the contract in accordance with the U.S. Consumer Price Index. BDR's staffing plan assures the Monroe County consistency in management assignments with a knowledgeable and experienced staff. Our organization and staff make effective communication happen. Knowledge. experience and effective communication are critical to the successful implementation of a disaster recovery plan. Our organization of staff will produce seamless communication with County and FEMA oflicials. and consistency in administering and implementing County and FEMA guidelines for disaster recovery. The staff members assigned to the County's disaster recovery project are well-versed in FEMA guidelines and disaster recovery procedures. The expertise of the local BUR staff will produce superior 7-2 Copynght ~ 20C6, by Beck DISaster Recovery, Inc. Confidential: ThiS document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. : .:: ~,;Jij~:,.~'., training for alllield monitors. efficient field operations management and accurate data cullection. The accuracy of BDR's data collection and quality control processes will provide the County with a streamlined FEMA audit and expedited preparation of FEMA Project Worksheets thereby ensuring the County's ability to recover the maximum level of reimbursement. BDR's experienced personnel willlill the following key positions and will serve to provide the Cuunty with an efficient and responsive disaster recovery operation. Staffing Plan Summary , Position Description Project Manager . The Project Manager is responsible for the day-to-day operations of the engagement including field operations and contractuallbusiness aspects. The responsibilities of the Project Manager include, but are not limited to, providing assistance to the Principal-in- Charge in the administration of Beck's contract with the City; enforcement of the provisions of the City's contract w~h collection contractors; serving as the primary point of contact for City staff, Contractors and FEMA representatives; maintaining appropriate staffing levels; implementing quality assurance and control measures; review of daily contractor activity, and; review and submittal of contractor invoices. Operations Mao'lger . The Operations Manager reports to the Project Manager and provides daily oversight to the Field Supervisors. This oversight involves field issue resolution. and the design and implementation of processes for mon~oring. In addition, the Operations Manager Is responsible for communicating directives and interacting among City, FEMA, FDEP, and Contractor representatives. The Operations Manager is responsible for coordinating the scheduling of monitoring personnel with Scheduler/Expediter and resolving personnel- related issues. Additionally, Operations Manager serves as back-up for all Field Supervisor responsibilities, including truck certification, load ticket quality control and immediate on-site support. Scheduler/Expediter . During the high point of the relief effort, the Scheduler/Expediter was tasked with managing all staffing related issues such as daily staffing levels, time and expense reporting, obtaining field supplies and other administrative duties. Collection Field . Collection Field Supervisors for collection operations are assigned to each debris SIJperiisors: contractor. These Collection Field Supervisors are responsible for coordinating all collection monitoring activity within their designated zones or areas. As supervisors, they are required to move from collection monitor to collection monitor to resolve field issues, review load ticket accuracy and serve as an immediate field contact. In addition, these supervisors act as liaisons between the Collection Monitors and the Contractors and provided assistance in the dispatch and coordination of Contractor resources. Collection Field Supervisors report as required to the Operations Manager. 8~:}posa; F!~!!d Field Supervisors for disposal operations are responsible for coordinating all monitoring (31jper.,.'<;or activ~ at each of the approved Temporary Debris Storage and Reduction site locations. In this capacity, the Disposai Field Supervisors resolve disposal site issues, review load tickets for accuracy, certify the cubic yard capacity on collection vehicles, and serve as immediate field contacts for all parties reporting as required to the Operations Manager. ':>;.bd3 ')::8iT)/;;;f . FEMA reimbursement requires that all collection vehicles are measured for volume and '--1~}i1;t')(S monitored to determine the percentage full, type of waste, etc. Debris Site/Tower Monitors are responsibie for viewing inbound hurricane debris from towers at the approved TDSR locations. In addition, outbound collection vehicles are checked by Debris Site/T ower Monitors to verify that collection vehicle unloading is complete. Debris Sile/Tower Monitors also coordinate the handling of load tickets that record required FEMA data (such as percentage full, type of waste, etc.). Copyright@2006, by Beck DISaster Recovery. Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. 7.3 ." g, Position Description ;, 2nv1f'Jnrn-ental The Environmental Specialist has responsibility for environmental permitting, the 'jP::GJ31i:5t recommendation and selection of TDSR sites, and related issues. The Environmental Specialist reports to the Project Manager and works closely with City Solid Waste staff to address and resolve environmentally sensitive issues. C-t1ZBO Sit~ t',1onitcrs Citizen Site Monitors are responsible for monitoring inbound citizen hurricane debris to approved citizen disposal locations. In addition, Citizen Site Monitors coordinate the transportation of hurricane debris from the Citizen Disposal Site to the closest TDSR site. CCliBctj,)O Mnl1itors . In order to obtain FEMA reimbursement. all loads must be monitored on-route by Collection Monitors. Collection Monitors ensure that the debris collected has been taken from the right-of-way within City limits, and that the debris is hurricane-related. Collection Monitors also monitor the identification, selection and removal of damaged trees and branches. Collection Monitors document the collection effort on load tickets which provide FEMA-required data. Data/Load Ticket Entry . Data Analysts serve to enter load ticket and other data into Beck data tools. Data Analysts Annlysts also provide secondary review of data quality and attempt to resolve anomalies. Data Manager . The Data Manager oversees the entering, tabulating, and organization of collection and disposal data into FEMA-required formats. The Data Manager provides the City, debris contractors and FEMA with regular updates on the quantities and types of debris collected. The Data Manager also designs and implements quaiity assurance and control processes for the review and verification of fieid and debris contractor-provided data in support of invoices. The Data Manager serves as the City's representative in meetings with the City, FEMA, State representatives, the Contractors and their staff speaking to data-related issues. Engineer . As necessary, we will provide professional engineers to ensure compliance with Florida Department of Environmental Protection (FDEP) regulations and FEMA reporting requirements. 7-4 COPYflghl@2006, by Seck D's.sler Recovery. Ine ConMentiaf: This document is considered a trade secret and any misappropriation may be subject to civil and Criminal penalties. RFP for Consultant Services. Hurricane Debris Monitoring and Disast~~~~ated Services SECTION FORM: RESPONSE FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS clo PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) Addenda No. 1 I have included: o The Submission Response Fonn~ o Lobbying and Conflict of Interest Clause ~ o Non-Collusion Affidavit-2- o Drug Free Workplace Fonn -2- o Respondent's Insurance and Indemnification Statement ~ o Insurance Agent's Statement ~ In addition, I have included a current copy of the following professional and occupational licenses: Florida Certification of Status (Check mark items above. as a reminder that thev are included.) Mailing Address: Beck Disaster Recovery, Inc. BOO N. Magnolia Avenue, Suite 400 Telephone: (407) 803-5700 Fax: (407) 803-5701 Signed: Witness: than Burglel (Name) (Seal) Chief Executive Officer (Title) -31- RFP for Consultant Services. Hurricane Debris Monitoring and Disaster Related Services LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE B8Ck Disaster Recovery, Inc. (Company) warrants that he/it has not employed, retained or otherwise had act on hislits behalf any former County officer or employee In violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee In violation of SectIon 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, In i1s discretion, terminate this Agreement without liability and may also, In Its discretion. deduct from the Agreement or purchase price. or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". iL Date: 12. 2006 STATE OF: Florida COUNTY OF: Orange Subsaibed and sworn 10 (or affirmed) before me on December 12. 2006 (date) by Jonathan Burgiel (name of affiant). He/She is personally known to me or has produced Personally known as Identification. (type of Identification) ~r!yltL{l~L NOTARY P BLI My commission expires: lllz/qjt D -,--- ~-'~~-_.""'-'-- I, p".~fY p({.~ NOIHI)' ~Uh.!jt;.' \ 'i.ll~~;I-~j~.lld~ : I "0/: . Sandl'2 F:~.;:truo J ~?:, "/ My COI'1r''i3Su)n OOSil1/14 . ~_ 0,,,, Exp:(~sLl3/09,201C ~'~_'''~~_ -32- RFf>for COnsultant Services, Hurricane Debris Monitoring and Disaster Related Services NON-COLLUSION AFFIDAVIT I, Jonathan Burgiel of the city of Orlando according to law on my oath, and under penalty of perjury, depose and say that: 1. I am Jonathan Burgiel of the firm of Beck Disaster Recovery, Inc. the bidder making the Proposal for the project described In the Request for Qualifications for: Hurricane Debris Monitoring and Disaster Rel~ted Services and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowled that Monroe County relies upon the truth of the statements contained in this affida awarding co cts for s project. L December 12, 2006 (Date) STATE OF: Florida COUNTY OF: Orange PERSONALLY APPEARED BEFORE ME, the undersigned authority, Jonathan Burgie1 who, after first being sworn by me, (name of individual signing) affixed hlslher signature in the space provided above on this 12th day of December 20..,QL. ,Gtldta l/iav/J NOTARY PUBLIC My Commission Expires: .I;~.-" '. ::~~ :~,~- ~'-' Not~ry PUbll~-:;;;;~rid~-J- \; t \I ~ Somar;} F-3Jardo '\:fcl My Commission DD527184 (~O,~~ Expires 0],09,2010 ~.,..~-~._.--~~," .]]. RFP for Col1sultant Services, Hurricane Debris Monitoring and Disaster Related Services DRUG.FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Beck Disaster Recovery, Inc. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory parllcipalion in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who Is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through Implementation of this section. As the person authorized to sign the statement, I cerllfy that this firm complies fully with the above requirements. December 12, 2006 Date No,Ji#./pa ~:!!:__ _ ._ . f ~~'c.... Notary Pj,bhe Slate 01 I-'U~'J'. . P . 'to SCiOO'li F 31allio ~ '_ >: My V.., ,rr: SSk)n 00521184 My Commission Expires: : ~ " _ ?~~_... .~-~,~_._.~-_.~ .~ 3~ RFP for Consultant SelVices, Hurricane Debris Monitoring and Disaster Related Services Respondent's Insurance and Indemnification Statement Insurance Reaulrement Reauired Limits Worker's Compensation Statutory Limits Employer's Liability $1000,000/$1,000,000/$1,000,000 Professional Liability $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit per Occurrence/$1,OOO,OOO Aggregate $1,000,000 per occurrence $2,000,000 aggregate General Liability Vehicle liability IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS The Consultant covenants and agrees to Indemnify, hold harmless and defend Monroe County, tts commissioners, officers, employees, agents and selVants from any and all claims for bodily Injury, Including death, personal InJury, and property damage, Including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attomey's fees, court costs and expenses, which arise out of, In connecllon with, or by reason of services provided by the Consultant or any of tts Suhcontractor(s) in any tier, occasioned by the negligence, errors. or other wrongful act or omission of the Consultant, Including its Subcontractor(s) in any tier, their officers, employees, selVants or agents. In the event that the completion of the projact (to Include the work of others) is deleyed or suspended as a result of the ArchItectlEnglneer/Consultant's failure to purchase or maintain the required insurance, the Architect/Engineer/Consultant shall Indemnify the County from any and all Increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any defiCiency or ambiguity in the plans and specifications provided by the Consultant, the Consultant agrees and warrants that Consultant shall hold the County harmless and shall Indemnify It from all losses occurring thereby and shan further defend any claim or action on the County's behalf. The first ten doUars ($10.00) of remuneration peid to the Consultant Is consideration for the Indemnification provided for above. The extent of liability Is In no way limited to, reduced, or lessened by the Insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or eariler termination of tha Agreement RESPONDENTS STATEMENT 1,"II"'MIH",1 1I,..III~llI~IICtl 11,,,,1 williJlj malld"'lory If awarded the contract and will comply In full willi all the requirements. Jonathan Burgiel Respondent -35- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTlBLES Professional Liability $250,000 Self-Insured Retention Liability policies are _Occurrence x ABD Insurance & Financial Services Insurance Agency Slgnat re -36- State of Florida Department of State I certify from the records of this office that BECK DISASTER RECOVERY, INC. is a corporation organized under the laws of Washington, authorized to transact business in the State of Florida, qualified on September 22,2005. The document number of this corporation is F05000005463. I further certify that said corporation has paid all fees due this office through December 31, 2006, that its most recent annual report was filed on January 17, 2006, and its status is active. [ further certify that said corporation has not tiled a Certificate of Withdrawal. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Tenth day of May, 2006 S-~ ~. Ceb~ " Secretary of State Authentication lD: 400074332754-051 006-F05000005463 To authenticate this certificate, visit the following site, enter this ID. and then follow the instructions displayed. www.sunbiz.orgJauth.htmJ Attachment A SCOPE OF WORK The CONSULTANT shall provide disaster recovery and emergency management consulting services for both land and marine based efforts in compliance with FEMA and FHW A guidelines upon issuance of a Notice to Proceed by the County for specified services. These services may include: a. Providing assistance in updating the County's debris management plan. b. Providing training of selected County staff in essential debris management, monitoring, and collection functions to insure appropriate and responsive interface with field debris collection contractors and County, State and Federal Agencies. c. Providing an adequate number of trained field inspectors at designated checkpoints to check and verify information on debris collection at County roads and facilities and at Temporary Debris Storage Reduction Sites (TDSRs) located or developed throughout the County, or the region if necessary as approved by the County. d. Providing technical and permitting assistance associated with the need to locate additional TDSRs when requested by the County. e. Providing assistance with scheduling, dispatching and logistical operations of the field inspectors assigned to work areas of storm debris clean up. This work will include: . Acquiring, hiring, training, deploying and supervising properly equipped inspectors. · Establishing the schedule for inspectors daily. · Monitoring and recording the volumetric measurement (cubic yards) or gross empty weight of each truck that is added into service and properly certified. . Keeping records of contract hauler's trucks, to include cubic yardage, or loaded weight, time in and time out, number of loads per day and other date as requested by designated County staff and as required for documentation to various government agencies. . Determining truck assignments and providing the necessary vehicle decals or placards for ease of identification and tracking. . Coordinating with County personnel to respond to problems in the field, to include residential or commercial property damage claims in the process of debris removal. Selected firm will establish a telephone claim reporting system with a local or toll free phone number and provide staff for the profeSSional management of receiving phone complaints or damage claims, as requested by the County. The selected firm shall investigate and assist in documentation of claims. · Conducting end of day duties, such as verifying all trucks have left the disposal site, addressing daily safety reports and corrective action recommendations, and locking down of the facility. . Surveying the affected areas for special situations or emergent needs, to include but not be limited to, identifying tree stumps and the management of root balls and associated cavities, hazardous trees, C&D debris, or other potentially hazardous situations. The CONSULTANT must keep a list of these locations, track and coordinate the appropriate dispatch of equipment and make frequent reports to the County on any post-event remedial action. . Record on a map the streets where debris was collected. . At the request of Monroe County, providing on-the-water and land based monitors for all aspects of trap recovery and disposal, vessel recovery and disposal, and marine debris removal and disposal. . At the request of Monroe County, providing administrative and clerical services for management of data, documents, and information related to marine disaster recovery efforts. · Perform other duties as directed by the designated County personnel. f. Collecting baseline data, per local, state and federal requirements, from the designated emergency debris management sites prior to opening these sites. The County shall be responsible for requesting Consultant to perform permitting and/or due diligence associated with debris management sites and/or permanent disposal sites. Consultant shall not be held responsible for environmental and/or reimbursement issues associated with permanent disposal sites not monitored by Consultant. g. Assisting the County with obtaining necessary local, state and federal permits for the designated emergency debris management sites. h. Conducting ongoing environmental data collection per local, state and federal requirements for the designated emergency debris management sites. i. Providing technical, clerical, and information technology assistance to the County for completing any and all forms necessary for reimbursement from State or Federal agencies, including the Federal Emergency Management Agency Department of Homeland Security, the State of Florida and the Federal Highway Administration or the Department of Housing and Urban Development (HUD) relating to eligible costs arising out of the disaster recovery effort. This may include, but is not limited to, the timely completion and submittal of reimbursement requests, preparation and submittal of any and all necessary cost substantiations and preparing replies to any and all agency requests, inquiries or potential denials. j. Employing or maintaining on the work site (s) a qualified accessible supervisor(s) or liaison officer as directed. At least one accessible and designated supervisor in the area of operation and the liaison officer shall have full authority to act on behalf of the CONSUL TANT and its subcontractors and all communications given to the supervisor or liaison officer in writing by the County's authorized representative shall be as binding as if given to the CONSULTANT. k. Developing emergency operations plans, continuity of operations plans, evacuation plans, and other emergency management services as required. I. When requested by Monroe County, carrying out Preliminary Damage Assessment efforts for the marine environment, to include the location of hurricane damaged or derelict vessels (post storm event) on open marine waters and canals as well as the specific location and extent of hurricane related debris material in canals. m. Other services as agreed upon in writing between the CONSULTANT and the COUNTY. Attachment B Fee Schedule Schedule of Hourly Labor Rates for Monitoring Field Services Positions Hourly Rates Project Manager $115.00 Operations manager $80.00 Schedule/Expeditor $69.00 GIS Analyst $65.00 Field Supervisor $65.00 Debris Site / Tower Monitors $52.00 Environmental Specialist $50.00 Project Inspectors (citizen drop-off monitors $47.00 Load Ticket Data Entry Clerk $35.00 Billing / Invoice Analyst $35.00 Administrative Assistant $35.00 Field Coordinator $47.00 Other Required Post-Event Field Staff Positions Hauler Invoice Reconciliation $75.00 Data Manager $95.00 Dam~e Assessment Estimator $85.00 Schedule of hourly Labor Rates for Other Consulting Services Other Required Positions Hourly Rates Principal-in-Cha'1ie $175.00 Project Manager $165.00 Principal Engineer/Analyst/Planner Scientist $155.00 Procurement Specialist $150.00 Construction Manager $140.00 Senior Planner/Analyst/Engineer/Scientist $135.00 Resident Engineer $120.00 Engineer/ Analyst/Planner/Scientist $100.00 Assistant Engineer / Analvst $85.00 Construction Administrator $90.00 Specialty Inspector $85.00 Inspector $75.00 I Analytical Aide $70.00 Surveyor $65.00 Clerical/Administrator $35.00 I Attachment C FHW A Form 1273 I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. FHWA-1273 Electronic V.,..",.. Ma..h 10. 1994 Required Contract Provisions Federal-Aid Construction Contracts n COntrol A and Voluntar Attachment. A. alachian Contracts included in A I. GENERAL 1. These contract provisions shall apply to all work "perfonned on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work perfonned on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for tennination of the contract. 4. A breach of the fol/owing clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CPR 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 Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the V.S. Department of Labor (DOL) as set forth in 29 CPR 5, 6, and 7. Disputes within the meaning of this clause include diSputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Select/on of Labor: During the perfonnance of this contract, the contractor shall not: FHW....1273 Electronic Vo,""," - March 10, 1994 a. dlSCrlmlnate against labor from any other State, possession, or territory of the Unned States (except for employment preference for Appalachian contracts, when applicable. as specified In Attachment A), or b, b. employ convict labor for any purpose within the limits of the project unlese it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Eque' Employment Opportunfty: Equal employment opportunity (BEO) requirements not to discriminate and to take affirmati ve action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CPR 35, 29 CPR 1630 and 41 CPR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CPR 60- 4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 ~ ~.) set forth undQr 28 CPR 3S and 29 CPR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Pederal Government in carrying out EEO obligations and in their review of hislher activities under the contract. b. The contractor will accept as his operating policy the following statement: "It Is the policy of this Company to assure that applicants are emplOYed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or d/seblllty. 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 apprenticeship, preapprentlceshlp, and/or on-the-job training. . 2. EEO Offlcer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. DIssemInatIon of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide BEO in each grade and classification of employment. To ensure that the above agreement ",III be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's BEO 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 a thorough indoctrination by the BEO Officer, covering all major aspects of the contractor's FHWA.1273 Electror<<> V...Ion.. Me"'" 10. IIl94 EEO obligations within thirty 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 setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minOrity groups in the area from which the project work force would normally be derived. a. The contractor will, unleas precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract Provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be foI/owed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate diSCriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of diSCrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged diSCrimination made to the contractor in connection with his obligations under this contract, FHWA.1273Eleclrontc:V...Ion..MaroI! 10, ,_ will attempt to resolve such complaints, and will take appropriate correcti ve action within a reaaonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such correcti ve action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. TraIning and Promotlon: a. The contractor will aasist in locating, qualifying, and increaaing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and aapermissible under Federal and State regulations, the contractor shall make full use of training programs, Le., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feaai ble, 25 percent of apprentices or trainees in each occupation shall be in their ftrst year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded aa indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for cacho d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unlc".: If the contractor relies in whole or in part upon unions aa a source of employees, the contractor will use hislher best efforts to obtain the Cooperation of such unions to increaae opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's aasociation acting aa agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, jOint training programs aimed toward qualifying more minority group members and women for membership in the unions and increaaing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information aa to the referral practices and policies of the labor union except that to the extent such information 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 set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reaaonable flow of minority and women referrals within the time limit set forth in the col/ective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified andlor qualifiable minority group persons and Women. (The DOL haa held that it shall be no excuse that the union with which the contractor haa a collective bargaining agreement providing for exclusive referral failed to refer minority FHWA-1273 EJec:1ronlc V...ion _ MItch 10. 1994 . 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 notify the SHA. 8. SelectIon of Subconlnlcto.... Procur.ment of Materlala and Le,,'ng of EquIpment: The contractor shall not discriminate on the grounds of race, color, religion, sel[, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and sUppliers of hislher EEO obligations under this contract. b. Disadvantaged bUSiness enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor 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 shaJI obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Recorda and Reporta: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHW A. a. The records kept by the contractor shall document the foJ/owing: I. The number of minority and non-minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities 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 subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA 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 contract work. This information is to be reported on Form FHW A-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to al/ Federal-aid construction contracts and to all related subcontracts of $/0,000 or more.) a. By submission of this bid, the el[ecution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where FHWA.1273 EI...rO<ic Veralon - _ 10. 1984 segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, reslrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided 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 override (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 $10,000 or more and that it will retain such certifications in its files. N. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) O. Gener.': 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)J the full amounts of wages and bona fide fringe benefits (or cash equivalents thereot) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of. Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section N and the DOL poster (WH-1321) or Form FHWA-149S) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subjecl to the provisions of Section N, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (bUl not less often than quarterly) under plans, funds, or programs, which cover the Particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually FHWA.1273 ElodlOnIc V",,1on - Maroll10. 1994 worleed therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which worle is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts Contained in 29 CPR I, 3, and 5 are herein incorporated by reference in this contract. I. CI...lflcat'on: 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 wage determination. b. The contracting officer shall approve an additional clasSification, wage rate and fringe benefits only when the following criteria have been met: 1. the worle to be performed by the additional classification requested is not perfOrmed by a classification in the wage determination; 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage detennination;and 4. with respect to helpers, when such a classification prevails in the area in which the worle is performed. c. If the contractor or subcontractors, as appropriate, the 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 rate (including the amount designated for fringe benefits where appropriate), a repon of the action taleen shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as apprOpriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the Proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested panies and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination Within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 2. Peyment 0' Fringe Bene'''.: a. Whenever the minimum wage rate prescribed in the contract for a 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 FHWA.1273 EJlClrork V."Jon - Man:I110. 1lltl4 benefit as slated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, helshe may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 3. ApprentIce. .nd Tl'llln_ (Progr.m. of the U.S. DOL) and Helpal'll: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a Slate apprenticeship agency recognized by the Bureau, or if a person is employed in hislher first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (e}(pressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, e}(pressed as a percentage of the joumeyman-Ievel hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. FHWA.1273 EIOClmrlc v....", - ""'roll 10, 1984 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: I. Except as provided in 29 CPR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work perfonned 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 to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the jOurneyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman_ level wage rate on the wage determination which Provides for less than full fringe benefits for apprentices, in which case such trainees shall recei ve the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor wilJ no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers; Helpers will be permitted 10 work on a project il Ihe helper C/8Ssif/cation is specilled and delined on the applicable wage determination Or /s approved pursuant to the conlormance prOCedure set lorth in Section IV.2. Any worker listed on a payroll at a he/per wage rate, who is nol a he/per under a apprOVed delln/tion, shall be paid not less than the applicable wage rale on the wage determination lor the classification at work actually pet1ormed. FHW...-1273 Eloctronk: Vo..1on - March 10. 199C 4. Apprentice. .nd Train... (Program. of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs arc not subject to the requiremenrs of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and Irainees under such programs will be established by the particular programs. The ralio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the panicular program. 5. Withholding: The SHA shall upon its own action or upon written request of an authorized representali ve of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract 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 of the accrued payments or advances as may be considered necessary to pay laboren and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or pan of the wages required by the contnct, the SHA contncting 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. 6. OvertIme RequIrement.: No contractor or subcontractor conlracting for any pan of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which helshe 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 hislher basic rate of pay for all hours worked in excess of 40 houn in such workweek. 7. Vlolallon: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard FHWA.1273 EleclronJc V...1on - Man:lll0. 19l14 of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or hislher agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: . 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is COlTeCt and complete; 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CPR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH.347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representati ves of the SHA, the FHW A, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHW A, the DOL, or all may, after written notice to the contractor. sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any fulther payment, advance, or guarantee of funds. Furthennore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LASOR FHWA-1273 Electronic V.lllon - _ 10, 19114 work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7, 8. Withholding for Unpaid Wag.. and Liquidated Damage.: V. STATEMENTS AND PAYROLLS The SHA shall Upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) O. Compliance with Copeland Reguletlon. (29 CFR 3): The contractor shall comply with the Copeland Regulatlona of the Secretary of Labor which are herein Incorporated by reference. 1. Payrolla and Payroll Recorda: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the si te of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct Classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the 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 or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, rhat the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence FHVVA'1273 ElctronJc "erslon - Motoh 10, 1904 O. On all Federal-aid Contracts on the National Highway System, except those which Provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHW A-47, and in the units shown on Form FHW A-47. c. umish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph Ib relativFumishaterials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 1. At the prime contractor's option, either a single repon covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VU. SUBLETTING OR ASSIGNING THE CONTRACT O. The contractor shall perform with ilB Own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CPR 635). a. "Its own organization" shall be construed to include only Workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. "Specialty Items" shall be construed to be limited to work that requires highJy specialized knowledge, abilities, or equipment not ordinariJy available ili the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 1. The contract amount upon which the requirements set fonh in paragraph J of Section VU is computed inclUdes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 2. The contractor shall furnish (a) a competent superintendent or Supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SMA contracting officer determines is necessary to assure the performance of the contracl. 3. No POrtion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SMA contracting officer. or authorized representative, and such consent when given shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SMA has assured that each subcontract is b. FHWA-1273 Eloctron/cVertlon - March 10, 1994 evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. vm. SAFETY: ACCIDENT PREVENTION O. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CPR 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 P4blic and to protect property in connection with the performance of the work covered by the contract. 1. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to hislher health or safety, as determined under construction safety and health standards (29 CPR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 V.S.C. 333). 2. Pursuant to 29 CPR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 V.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in confOrmity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding 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-AID HIGHWAY PROJECTS 18 V.S.C. 1020 reads as follows: 'Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association. Hrm. or corporation, knOwingly makes any false statement, false representation, or false report as to the character, quality, quantity. or cost of the material used or to be used. or the quantity or quality of the work perfonned or to be performed, or the cost thereof in connection with the submission of plans, maps, speciHcatlons, contracts. or costs of construction on any highway or related project submiUed for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement. false representation, lalse report or lalse claim with respect to the character, quality, quantlly, or cost of any work performed or to be performed. or materials fumlshed or to be furnished, In connection with the construction of any highway or related project approved by the Secretary of Transportation; or FHWA.1273 Electronic VOtIlon - M1IO/110, 1994 Whoever knowingly makes any false statemfHlt or false representation as to material fact In any statement, certlf1csf9, or report submitted pursuant to provisions of the F9d8ral-ald Roads Act approved July 1. 1916, (39 Slat. 355), as amfHlded and supplemented; Shall be I1ned not more that $10.000 or Imprisoned not more than 5 YlilBrs or both.' X. IMPLEMENTATION OF CLEAN AlR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor. as appropriate, will be deemed to have stipulated as follows: O. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 ~ ~.. as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 125/ ~ ~., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CPR IS) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EP A) List of Violating Facilities pursuant to 40 CPR 15.20. 1. That the fion agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 2. That the fion shall promptly notify the SHA of the receipt of any communication from the Director. Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EP A List of Violating Facilities. 3. That the fion agrees to include or cause to be included the requirements of paragraph I through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING OEBARMENT, SUSPENSION, INELIGIBILITY ANO VOLUNTARY exCLUSION O. Inatructlona lor CertJtJeetlon . Primary Coval'lld Tranaacllona: (Applicable to all Federal-aid contracts _ 49 CPR 29) a. By signing and submitting this proposal, the Prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this Covered transaction. The Prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the Prospective primary participant to furnish a certification or an explanation shall disqualify Such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant ~ FHWA.1273 Elodronlc V...Ian-MotcIl 10. 1984 knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into. it shall not knowingly enter into any lower tier covered transaction with a penon who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction: g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded Prom Federal Procurement or Nonprocurement Programs" (Nonprocurement List) 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 parsgraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government. the department or agency may terminate this transaction for cause or default. ..... FHWA-1273 Electronlc Vo,""", - March 10, 1984 11. 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 ellcluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for COmmission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfonning a public (Federal, Slate or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or COmmission of embezzlement, theft, forgery, bribery, falsification or destruction of records, malcing false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a govemmenlsl entity (Federal, State or local) with Commission of any of the offenses enumerated in paragraph I b of this certification; and d Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, Slate or local) tenninated for cause or default. 12. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an ellplanation to this proPOsal. Certification Regarding D'~nnent, Suspension, IneligIbility and Voluntary Exe'u.,on- Primary Covllt'ld TrenNet/ona ..... 1. In.truct'on. tor Certltlcatlon . Lower T'er CovW8d Tran.act/one: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CPR 29) By signing and submitting this proposal, the Prospective lower tier is providing the certification set out below. a. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including sUspension and/or debarment. b. The Prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the Prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. c. The terms "covered transaction," "debarred: "suspended," "ineligible," "primary Covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Eucutive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. d. The Prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency With which this transaction originated. FHW....1273 EJoctronk: Vltllon - Marolll0, 1994 e. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,. without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. f. A panicipant in a covered transaction may rely upon a certification of a prospective panicipant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A panicipant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. g. Nothing contained in the foregoing shall be construed to require establishment of s 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. h. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. ..... Cartlflcatlon Regarding Debarmant, Suapenslon, Inallglblllty and Voluntary Excluslon- Lower Tier Covered Tranuctlons: 9. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 10. Where the prospective lower tier panicipant is unable to certify to any of the statements in this certification, such prospective panicipant shall attach an explanation to this proposal. ..... XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CPR 20) O. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any :-"'oeral grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendmenl, or modification of any Federal contract, grant, loan, or cooperative agreement. a. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to 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 FHWA.I273 EIOCInonlc Vo,.l"" - _ 10. 19lU , . with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 1. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. The Prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A . EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 3. During the performance of this contract, the contractor undertaking to do worle 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 contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: To the extent that qualified persons regularly residing in the area are not available. a. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. . b. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph Ie shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 4. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborei'll, mechanics and other employees required to perform the contract worle, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. S. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 6. If, within I week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the Contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions Covered by the certificate, notwithstanding the provisions of subparagraph Ic above. 7. The contractor shall include the provisions of Sections I through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. TIlle pogo WI modtt1od on MIlICh II, 2005 Attachment D 23 CFR Part 635.410 Buy America Requirements 23 CFA Pal1 635.410 Buy America Requirements , , 23 CFR Part 635.410 Buy AmerIca Requirements. (a) The provisions of this section shall prevail and be given precedence over any requirements of this subpart which are contrary to this section. However, nothing in this section shall be construed to be contrary to the requirements of ~635.409(a} of this subpart. (b) No Federal-aid highway construction project is to be authorized for advertisement or otherwise authorized to proceed unless at least one of the following requirements is met: (1) The project either: (i) Includes no permanently incorporated steel or iron materials, or (ii) if steel or iron materials are to be used, all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. (2) The State has standard contract provisions that require the use of domestic materials and products, including steel and iron materials, to the same or greater extent as the provisions set forth in this section. (3) The State elects to include alternate bid provisions for foreign and domestic steel and iron materials which comply with the following requirements. Any procedure for obtaining altemate bids based on furnishing foreign steel and iron materials which is acceptable to the Division Administrator may be used. The contract provisions must (i) require all bidders to submit a bid based on furnishing domestic steel and iron materials, and (ii) clearly state that the contract will be awarded to the bidder who submits the lowest total bid based on furnishing domestic steel and iron materials unless such total bid exceeds the lowest total bid based on furnishing foreign steel and iron materials by more than 25 percent. (4) When steel and iron materials are used in a project, the requirements of this section do not prevent a minimal use of foreign steel and iron materials, if the cost of such materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. For purposes of this paragraph, the cost is that shown to be the value of the steel and iron products as they are delivered to the project. (c}(l) A State may request a waiver of the provisions of this section if; (i) The application of those provisions would be inconsistent with the pUblic interest; or (ii) Steel and iron materials/products are not produced in the United States in sufficient and reasonably available quantities which are of a satisfactory quality. (2) A request for waiver, accompanied by supporting information, must be submitted in writing to the Regional Federal Highway Administrator (RFHWA) through the FHWA Division Administrator. A request must be submitted sufficiently in advance of the need for the waiver in order to allow time for proper review and action on the request. The RFHWA will have approval authority on the request. . r. 23 CFA Pan: 635,410 Buy America Requirements (3) Requests for waivers may be made for specific projects, or for certain materials or products in specific geographic areas, or for combinations of both, depending on the circumstances. (4) The denial of the request by the RFHWA may be appealed by the State to the Federal Highway Administrator (Administrator), whose action on the request shall be considered administratively final. (5) A request for a waiver which involves nationwide public interest or availability issues or more than one FHWA region may be submitted by the RFHWA to the Administrator for action. (6) A request for waiver and an appeal from a denial of a request must include facts and justification to support the granting of the waiver. The FHWA response to a request or appeal will be in writing and made available to the public upon request. Any request for a nationwide waiver and FHWA's action on such a request may be published in the Federal Register for public comment. (7) In determining whether the waivers described in paragraph (c)(l) of this section will be granted, the FHWA will consider all appropriate factors including, but not limited to, cost, administrative burden, and delay that would be imposed if the provision were not waived. (d) Standard State and Federal-aid contract procedures may be used to assure compliance with the requirements of this section. [48 FR 53104, Nov. 25, 1983, as amended at 49 FR 18821, May 3, 1984; 58 FR 38975, July 21,1993] MAY-17-2007 04:15A FROM:MONROE COUNTY TAX CO 3052955049 TO: 814078035701 ill:;! e;i~ 8~ ~~ "'O~ f;11li gE 1\"- mm z~ " ~ 'OfIl mZ ~ i~ .,,,, Ill.. .. ., ., 0 !lllll O~lllCll 03 CJ CI ~,. ::a c:!::'" 00 N Cl ~~ ""0'1'''' '" 8 ,. e>" 1C"l IV Igm", ... ... CI c"l-< 0 Cl O~r"""",, 0 i CI -0", .. m C OJ g 0> ~*~> '" .. "Ill ,... om ... III IV Qloo 32..... .. ,. Q g om >>Ift '" 0 ..m Ci"l.....::O ~ ... '" 18 Ill'" 1ft I ~'" 0"'" '" IV CI ~. ,...",m llr Q CI IV ... c"l 0 :0 0 IV "'''' ,. 0 '" m "'" \It , m < :ill c"l 0 ., .. ,. '" Cl 0 ~ 0 ":0 ....< :0 '" ;Ii '"... IV'" -< '" 8 -<10 ~'" '" 0 "c .. 0< .. It'" ....... .. '" <:) "'IV 0 IV '" m '" ... ~ IV ... ... ""> ~ i ~ <:) ,..... CI <:) "'c"l ; 1i U '" ~f'! 00 '" ...,... i ~~ \II _m '" 1C"l -.... - _0 i " CI IV'" i rJ 0 '" m - :!i .. '" g SL'801 9lt Inl ~ lltl JildO ~ ~ I: ;c ~/9I1S llVO li ~5iJD looo'uor099 ", z 52 ~ ~Dl:lrl1O~ XVl ~~~~~ ~ ~ IlIlaH '0 lll!H\IO ~;!l1 ~ 11 m......Z ~~ .. rn ~ o~o!< ~ x~ <= 0 ~ ... :a" <= > ~ ,. i1~ ~ '" "llZ,-l .. x ;; '" mr-~,. '" " N 1:> >< UI .... '" I11Z>, N ~lizc1 ... .... Q (./)zo<= 0 I . "0 , 0 :!>:2Iil: - 0 Z <= Q-- VlN N '" o (./) OOV\QI 0\11 0 '" -t . .. 0 ... "",0"" 00 "'" '" ",QVI 00 ... P.2 MAY-17-2007 04:15A FRoM:MoNROE COUNTY TAX CO 3052955049 TD:814078035701 Danise D. Henriquez 1200 Truman Ave. Key west, FL 33040 05/16/2007 16:15:42 Receipt Number: 19646401 Approval # 031377 VISA XXXXXXXXXXXX5726 Payment Amount: $108.75 service Fee: $2.77 Total Charge: $111.52 CUSTOMER Copy please keep this copy for your records P.3 ACORD.. CERTIFICATE OF LIABILITY INSURANCE I DATE(IIMIDDIYYYY) 01/30107 """,""",R THIS CERnFlCATE IS ISSUED AS A MATTER OF INFORMAnON Seattle Office ONLY AND CONFERS NO RIGHTS UPON THE CERnFlCATE HOLDER. THIS CERnFlCATE DOES NOT AMEND, EXTEND DR ABD Inaurance & Financial S8IVlcea ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 601 Union StrHt Sultall400 Seattle, WA 98101 INSURERS AFFORDING COVERAGE NAlCtI INSUft!D INSURER k Travelers Property Casualty Co. of A Beck DI..alar Recovery, Inc. INSURER B: lexington Insurance Company 1001 Fourth Avenue Suite 2500 INSURER c: Sealtle, WA 981!l4-1004 INSURER D: INSURER E: Cll8nllll' 69710 RWBECKINC COVERAGES nE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IssueD TO THE INS'-*'.ED NAMED PBOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING IWY REQUIREMENT. TERM OR CONDITION OF f<<Y CONTRACT OR OTHER. DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TtE PQ.ICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGaREGATE LIMITS SHOWN MAY HAIlE BEEN REDUCE!) BY PAID C~ IIilIJl!V1llIlI =:. TYPEOFINBURANCE POUCYNUII8ER ~ ~ UNITS A .!!!!'.....LWllLItY P532D804I1TIL06 07101106 07101107 ~RENCE 51 000000 X COWIERCIALGI:NERAL LIABILITY ~ 0 $100 000 I CLAIMS MAIle [!J OCCUR MED EXP (My one pel'lOll) $5 000 PERSONAL & ADV INAlRY $1 000 000 GENERAL AGGREGATE $2000000 PRODUCTS - COMPIOP AGG s2 000 000 A ~N'LAGGRE~,LMT ~SPER: IPOLtcYl I~ I ILOC ..!!:!,TOIIOBLE UABlLlTY !... ANY AUTO _ ALL OWNED AUT'OS -::- SCHEDULED AUTOS ~ HIRED AUTOS .!... NON~DAUTOS P610532D804l1TIL06 07101108 07101/07 COMBINED SINGLE LIMIT (Eaaoclclenl) 51,000,000 f- li'\.(~. - .O~ 5-~ -D7 { BOOIL Y INJURY (Perperaon) 5 BODIl. Y INJURY (Per aodc*lt) 5 PROPERTY DAMAGE (Per acdc*1t) 5 ~1I8REu.A UA8IUTY i-!J OCCLR [J a.AlMS MADE RDEDUCTlBLE RETENTKlN $ A WORKERBCDllPENSAT1ONAND E"LO~ UMlIUTY ANY PROPRlETORlPARTNERlEXECUTlVE OFFlCERlMEMBER EXCWDED? ~~~L1nder ~ n.nu B OTHER Profeaalonal Liability CUP532D8049TIL08 07101108 07101107 AUTO ONL V. EA ACCIDENT $ EAACe 5 AGG 5 51 000 000 51 000.000 5 5 5 X I ~~sr~JJi;.1 lOP.'" E.L.EACHACCIDENT 51000 000 E.L.Dl'3iEASE-EAEUPLOYEE $1000 000 E.L. DISEASE. POLICY UMIT $ $1,000,000 Each Claim $1,000,000 Annual AIIII OTHER T'HN\l AUTOONLV: GARAOI! LIAIlIUTY R- ANY AUTO A EACH OCCURRENCE AGGREGATE UB532D8041106 07101/06 07101/07 1155555 07101106 07101/07 DE8CRlPTlON OF OPIRATION8 I ILOCATIONI IWHICLEI1 Ii!XCLI.-oN. ADDED BY I!HDORSEIlENT l8PICIAL PROVlSION8 Project: Hurrlcene Debrla Monltortftll and Dlaeatar Related SVC8. MONROE COUNTY, FL Is Primary Addl1lonallnaurad aa re_ctathelr lnta...t in the referenced _jaet. Monroe County Department of Enllln_lnll; Altn: Dave Parker The Hlatorle Gelo Cigar Factory 1100 Slmonlon St., Suite 2-216 Key W_t, FL 33040 C'''''ELLAnoN Taft SHOULDANY OF THE AIIOYE ~D POLICIES BECANCELLED BEFORE THE EXPfRA11DN DATE nEREOF, TtE ISlUlNG IMeURER WILL ENDEAVOR TO MAIL.....3I:L DAYS WRITTEN NOnCE TO THI! CI!R11P'ICAT! ItOLDI!R NAIII!!D TO THI! tB"T, BUT FAlWRI!! 10 DO ao 1tw.L Ml108E NO OIJLJCM11ON OR utaLITYOF ANY KIND UPON lHE IN&UAER.ITS AGENTS OR RI!!!tRUetITATtYD. CERTFlCATE Hnl ""R ~~ ACORD 25 (2001/08) 1 of' 2 .MlI46505 RWBECKINC VXD Ii ACORD CORPORAnoN 1988 POLICY NUMBER: P660532D5822TIL06 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 05- 02 -2007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZA TION(S): Monroe County, Engineer Department PROJECT/LOCATION OF COVERED OPERATIONS: Hurricane Debris Monitoring and Disaster Related Svcs 1. WHO IS AN INSURED - (Section II) is amended to include the person or organization shown in the Schedule above The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization The person or organization is only an additional Insured with respect to liability caused by "your work' for that additional insured at the location shown in the Schedule 2. The Insurance provided to the additional Insured is limited as follows: a. In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insured provided by this endorsement shall be limited to the limits of liability required by such contract or agreement This endorsement shall not increase the limits stated in Section 111- LIMITS OF INSURANCE b. The insurance provided to the additional insured does not apply to "bodily injury', "property damage", "personal injury" or "advertising injury' arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: ,. The preparing, approving or failing to CG 0247 10 02 prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and II.. Supervisory or inspection activities performed as part of any related architectural or engineering activities b. This insurance does not apply to "bodily Injury" or "property damage" caused by "your work' included in the "products-completed operations hazard' unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such contract or agreement and In no event beyond the expiration date of the policy 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2, Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the ~me "your work" is performed 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other Page 1 of 2 valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effective during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non-contributory basis. When this insurance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy 5. As a condition of coverage, each additional insured must: a. Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of'suit" Page 2 of 2 b. Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions c, Tender the defense and indemnity of any claims or "suif' to any other insurer which also insures against a loss we cover under this endorsement This included, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured For purposes of this requirement, the term "insures againsf' refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance d. Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement CG 0247 10 02