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Item C20BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 5-16-07 Division: Engineering._ Bulk Item: Yes x No Department: Engineering Staff Contact Person/Phone #:Dave Koppel/292-4427 AGENDA ITEM WORDING: Approval to award Hurricane Debris Monitoring and Disaster Related Services Contract to Beck Disaster Recovery, Inc. ITEM BACKGROUND: FEMA requires monitoring of debris contractors during disaster recovery. The Selection Committee has reviewed the three submitted Proposals and has recommended Beck Disaster Recovery, Inc. for contract award based on responsiveness and cost-effectiveness. Costs relevant to debris monitoring are eligible for Federal and State reimbursement during declared events. PREVIOUS RELEVANT BOCC ACTION: The BOCC granted approval by resolution to advertise a Request for Proposals for Hurricane Debris Monitoring and Disaster Related Services on October 18, 2006 in order for the County to select a contractor in advance of an event requiring County response. CONTRACT/AGREEMENT CHANGES: none STAFF RECOMMENDATIONS: Approve as stated above TOTAL COST: To be determined BUDGETED: Yes No X COST TO COUNTY: 12.5% of actual cost SOURCE OF FUNDS: REVENUE PRODUCING: Yes — No X AMOUNT P MONTH Year APPROVED BY: County Atty OMB/Purc 'sk Management _ DOCUMENTATION: Included _ Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Dave Parker, Senior Administrator, Special Projects Date: May 1, 2007 Re: Agenda Item AGENDA ITEM WORDING: Approval to award Hurricane Debris Monitoring and Disaster Related Services Contract to Beck Disaster Recovery, Inc. ITEM BACKGROUND: FEMA requires monitoring of debris contractors during disaster recovery. The Selection Committee has reviewed the three submitted Proposals and has recommended Beck Disaster Recovery, Inc. for contract award based on responsiveness and cost-effectiveness. Costs relevant to debris monitoring are eligible for Federal and State reimbursement during declared events. PROJECT DETAILS: Three proposals were received and evaluated based on advertised criteria. Beck Disaster Recovery, Inc provided the most responsive, complete, and cost-effective proposal, and was a unanimous selection by the committee. PREVIOUS RELEVANT BOCC ACTION:: The BOCC granted approval by resolution to advertise a Request for Proposals for Hurricane Debris Monitoring and Disaster Related Services on October 18, 2006 in order for the County to select a contractor in advance of an event requiring County response. CONTRACT/AGREEMENT CHANGES: none STAFF RECOMMENDATIONS: Approval as stated. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Beck Disaster Recovery Contract # Effective Date: Expiration Date: Contract Purpose/Description: Professional Services for Debris Monitoring and Disaster Related Services Contract Manager: David Koppel 4427 Engineering/#1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 4/18/07 Agenda Deadline: 4/03/07 CONTRACT COSTS Total Dollar Value of Contract: $ TBD Current Year Portion: $ Budgeted? Yes❑ No ❑ Account Codes: - - Grant: $ County Match: $ 12.5% of total 0 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (cg. maintenance, utilities, janitorial CONTRACT REVIEW Changes Date In Needed Division Director 'f ' Yes❑ NoE Risk ManaA ment �� Yes❑ No[ ���,� O.M.B./Purcha�sing '4 -►9 -a-7 Yes❑ No[ County Attorney I/M2 Yes❑ No[ Comments t is ✓rn ►mot .c-A�Chzc{ +?�" coy-IA2 C-J- Pj OMB Form Revised 2/27/01 MCP 42 etc.) Date Out Division of Corporations Page 1 of 2 % ,. .,,,,�,;- „r • Public Inquiry Foreign Profit BECK DISASTER RECOVERY, INC. PRINCIPAL ADDRESS 1001 FOURTH AVENUE, SUITE 2500 SEATTLE WA 98154-1004 MAILING ADDRESS 1001 FOURTH AVENUE, SUITE 2500 SEATTLE WA 98154-1004 Document Number F05000005463 State WA Last Event NAME CHANGE AMENDMENT FEI Number 912080979 Status ACTIVE Event Date Filed 10/25/2005 Reizistered ALyent Date Filed 09/22/2005 Effective Date NONE Event Effective Date NONE I Name & Address 1 C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 Officer/Director Detail Name & Address Title BURGIEL, JONATHAN J 300 OLYMPAI PLACE 800 N. MAGNOLIA AVE. DCEO ORLANDO FL 32803 MALMAJO, ALBERT B III 300 OLYMPIA PLACE 800 N. MAGNOLIA AVE. CEOD ORLANDO FL 32803-3274 MCLENDON, CHARLES M 300 OLMPIA PLACE 800 NORTH MAGNOLIA AVE. VPD ORLANDO FL 32803-3274 ttp://www. sunbiz.org/scripts/cordet. exe?al=DETFIL&n 1=FO5000005463 &n2=NAMF WD&n3=0001 &n4=... 5/2/2007 Division of Corporations Page 2 of 2 STEPP,RUSSELLJ 1001 FOURTH AVENUE, SUITE 2500 D SEATTLE WA 98154-1004 ROSS, LIN 1001 FOURTH AVE.SUITE 2500 S SEATTLE WA 98154-1004 CLARK, ELAINE M 1001 FOURTH AVE. SUITE 2500 T SEATTLE WA 98154-1004 Annual Reports Report Year Filed Date 2006 0 I / 17/2006 2007 01 / 16/2007 Previous Filing ] Return to List Next Filing View Events View Name History Document Images Listed below are the images available for this filing. E ANNUAL REPORT ANNUAL REPORT Foreign Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT Corporations Inquiry Corporations Help ttp://www. sunbiz.org/scripts/cordet. exe?al=DETFIL&n l=FO5000005463 &n2=NAMF WD&n3=0001 &n4=... 5/2/2007 MONROE COUNTY REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR Hurricane Debris Monitoring and Disaster Related Services BOARD OF COUNTY COMMISSIONERS Mayor, Charles "Sonny" McCoy, District 3 Mayor Pro-Tem, Dixie M. Spehar, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 Glenn Patton, District 5 COUNTY ADMINISTRATOR Thomas J. Willi CLERK OF THE CIRCUIT COURT Danny L. Kolhage COUNTY ENGINEER David S. Koppel, P.E. October 2006 PREPARED BY: Monroe County Engineering Division RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services NOTICE OF REQUEST FOR PROPOSALS Request for Professional Services For Hurricane Debris Monitoring and Disaster Related Services. The Board of County Commissioners of Monroe County, Florida, hereby requests, pursuant to Sec. 287.055, Florida Statutes, sealed proposals from qualifed firms or individuals for Hurricane Debris Management and Disaster Related Services. Interested firms or individuals are requested to indicate their interest by submitting a total of nine (9), two (2) signed originals and seven (7) complete copies of their proposal in a sealed envelope clearly marked on the outside, with the Respondent's name and "Request for Proposals - Hurricane Debris Monitoring and Disaster Related Services" addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key West, FL 33040, on or before 3:00 P.M. local time on December 12, 2006. If sent by mail or by courier, the above -mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated above. No proposals will be accepted after 3:00 P.M. Faxed or e-mailed proposals will be automatically rejected. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia by calling 1-800-711-1712 or by going to the website www.demandstar.com or http://www.monroecounty-fl.,aov/pages/msd/bids.htm The Public Record is available at the Purchasing Office, 1100 Simonton Street, Key West, Florida. Technical questions are to be directed, in writing, to Judith R. Steele, P.E., Assistant County Engineer, Engineering Division, 1100 Simonton Street, Key West, FL 33040, or by fax to (305) 295-4321. The Board reserves the right to reject any or all proposals, to waive irregularities in the proposals and to re -advertise for proposals. The Board also reserves the right to separately accept or reject any item or items of a proposal and to award and/or negotiate a contract in the best interest of the County. The areas of consideration for selecting the most qualified firm for the project include but are not limited to: • Responsiveness to requested materials and RFP criteria • Demonstrated data management/tracking/record keeping/reporting capabilities • Ability to coordinate with State and Federal disaster agencies • Organization and staffing • Strength of experience on similar projects • Strength of overall past experience and performance • Bid Amount A committee will be developed to review all qualified proposals. The committee will rank the submittals in order of preference and present the results to the County Commission with a recommendation to negotiate a contract with the preferred -2- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services person/firm. No binding contract is created between any person/firm and the County until a contract is approved by the County Commission. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. All submissions must remain valid for a period of ninety (90) days from the date of the deadline for submission stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute (1989). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. Dated at Key West, this 24th of October, 2006. Monroe County Purchasing Department WIE RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services TABLE OF CONTENTS NOTICE OF REQUEST FOR PROPOSALS SECTION ONE - Instruction to Respondents SECTION TWO - Scope of Work SECTION THREE - Draft Contract SECTION FOUR - County Forms -4- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 INTRODUCTION/BACKGROUND Monroe County ("County") is located in southern Florida and encompasses the Florida Keys and portions of the Everglades National Park and the Big Cypress National Preserve. The scope of this RFP includes the portions of Unincorporated Monroe County in the Florida Keys, which is comprised of a number of islands over 112 miles in length that extend from the southeastern tip of the Florida peninsula to Key West. The County maintains approximately 400 miles of roadway and is responsible for hurricane debris collection in these areas. The Federal Emergency Management Agency (FEMA) provides public assistance funds for debris removal and disposal operations. In order to receive assistance, Monroe County must implement a debris removal monitoring program. The County requires the services of a debris monitoring consultant to provide support and management of debris recovery contractors. The primary responsibility of the consultant will be to provide trained debris monitors to oversee and document contractor activities in compliance with FEMA requirements for reimbursement. 1.02 COPIES OF RFP DOCUMENTS A. Only complete sets of RFP Documents will be issued and used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFP Documents may be obtained in the manner and at the locations stated in the Notice of Request for Proposals. 1.03 STATEMENT OF PROPOSAL REQUIREMENTS See notice of Request for Proposals 1.04 DISQUALIFICATION OF RESPONDENT A. NON -COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON -COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases 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 -5- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG -FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 1.05 EXAMINATION OF RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent shall in no way relieve him of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be furnished to all known prospective Respondents prior to the established Proposal opening date. Each Respondent shall acknowledge receipt of such addenda in their Proposal. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before responses are opened. 1.07 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining !sue RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Respondent. 1.08 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Respondent shall state in the response the name and address of each person having an interest in the submitting entity. 1.09 SUBMISSION OF RESPONSES A. Two (2) signed originals and seven (7) copies of each response shall be submitted. B. The response shall be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Request for Proposals - Hurricane Debris Monitoring and Disaster Related Services", addressed to the entity and address stated in the Notice of Request for Proposals, on or before 3:00 P.M. local time on December 12, 2006. If sent by mail or by courier, the above - mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e- mailed statements of qualifications shall be automatically rejected. Responses will be received until the date and hour stated in the Notice of Request for Proposals. C. Each Respondent shall submit with his Response the required evidence of his qualifications and experience. 1.10 CONTENT OF SUBMISSION The proposal submitted in response to this RFP shall be printed on 8-1/2" x 11" white paper and bound; it shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondents should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. -7- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services The following information, at a minimum, shall be included in the Submittal: A. Cover Page A cover page that states "REQUEST FOR PROPOSALS — HURRICANE DEBRIS MONITORING AND DISASTER RELATED SERVICES" The cover page should contain Respondent's name, address, telephone number, and the name of the Respondent's contact person. B. Tabbed Sections Tab 1. Executive Summary The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of the scope of work. Describe the firm's use of technology in the office and in the field and how it will be used to complete scope of work. Describe the firm's methodology for working locally given the extensive amount of field work that will be required, as well as the firm's experience working with Federal and State disaster agencies. Tab 2. Relevant Experience The Respondent shall provide a project history of the firm or organization demonstrating experience with projects that are similar in scope and size to the proposed work. Tab 3. Past Performance on Similar Projects The Respondent shall provide a list of past projects indicating the following: Name and full address of the referenced project Name and telephone number of client contact for referenced project Date of initiation and completion of contract Summary of the project and services Tab 4. Project Approach The Respondent shall describe the services that the firm is able to provide and explain how these services will be accomplished The description should include details of field operations, data management operations, methodology for complying with and responding to requirements of state and federal disaster agencies, and a response time associated with the services. Tab 5. Staffing for this Project & Qualifications of Key Personnel The Respondent shall describe the composition and structure of the firm (sole proprietorship, corporation, partnership, joint venture) and include names of persons with an interest in the firm. -8- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services The Respondent shall include an organizational chart of all personnel and consultants to be used to complete the scope of work. Resumes for each individual, including education, background and experience should be included. This section should show evidence of the firm's ability to manage tasks simultaneously and expeditiously; approach to problem/task resolution and teamwork. Tab 6. Litigation The Respondent shall provide a history of any past or pending claims and litigation in which the Respondent is involved as a result of the provision of the same or similar services which are requested or described herein. Tab 7. Cost Summary The respondent shall provide a cost summary for the project. The summary should include job titles (i.e. project manager, field supervisor, collection monitor, tower monitor), a description of duties that will be performed by each position, the approximate number of each type of staff that will be required, and an hourly billing rate for each position. Tab 8. County forms Respondent shall complete and execute the forms specified below and found at the designated pages in this RFP, and shall include them in the section tabbed 8: Form Paqe Response Form 31 Lobbying and Conflict of Interest Clause 32 Non -Collusion Affidavit 33 Drug Free Workplace Form 34 Respondent's Insurance and Indemnification Statement 35 Insurance Agent's Statement 36 Copies of all professional and occupational licenses shall be included in this section. 1.11 MODIFICATION OF RESPONSES Written modification will be accepted from Respondents if addressed to the entity and address indicated in the Notice of Request for Proposals and received prior to Proposal due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Modification to Request for Proposals — Hurricane Debris Monitoring and Disaster Related Services". If sent by mail or by courier, the above -mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically rejected. Ig RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services 1.12 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.13 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Respondents names shall be read aloud at the appointed time and place stated in the Notice of Request for Proposals. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents or their authorized agents are invited to be present. 1.14 DETERMINATION OF SUCCESSFUL RESPONDENT The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Respondent and the contract documents, may be rejected at the option of the County. A. Each TAB section will be given points used to score and evaluate firms and individuals. The point structure is as follows: CRITERIA MAXIMUM POINTS TAB 1 10 TAB 2 25 TAB 3 10 TAB 4 25 TAB 5 15 TAB 6 15 TAB 7 50 TAB 8 00 TOTAL 150 1.15 AWARD OF CONTRACT A. The County reserves the right to award separate contracts for portions of the work, waive any irregularity in any response, or to re -advertise for all or part of the work contemplated -10- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services B. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time, or who, after investigation of references or other criteria, does not meet County standards. C. The recommendation of the committee and the responses of three or more Respondents may be presented to the Board of County Commissioners of Monroe County, Florida, for final selection. Negotiations will be undertaken with the Respondents as ranked. 1.16 EXECUTION OF CONTRACT The Respondent with whom a contract is negotiated shall be required to return to the County four (4) executed counterparts of the prescribed contract together with the required certificates of insurance. 1.17 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS The Respondent shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Respondent/Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. Worker's Compensation Employers' Liability Insurance General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability (Owned, non -owned and hired vehicles) Professional Liability Statutory Limits $1,000,000 Accident $1,000,000 Disease, policy limits $1,000,000 Disease each employee $1,000,000 Combined Single Limit $1,000,000 per Occurrence $1,000,000 Combined Single Limit $1,000,000 per Occurrence $2,000,000 Aggregate Monroe County shall be named as an Additional Insured on the General Liability and Vehicle Liability policies. RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services 1.18 INDEMNIFICATION The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The Consultant covenants and agrees to indemnify, hold harmless and defend Monroe 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 the Consultant or any of 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 or 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 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 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 contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -12- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Respondent: Contract for: Address of Respondent: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Respondent: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Respondent SIGNATURE -13- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services SECTION TWO: SCOPE OF WORK If the Respondent elects to provide a web based load tracking and/or field project monitoring system, a detailed project -monitoring proposal shall also be included. Monitoring shall be performed in compliance with FEMA and FHWA guidelines. Those monitoring efforts will include, but not be limited to: 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 field inspectors at designated checkpoints to check and verify information on debris removal 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 emply 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 veriftying all trucks have left the disposal site, addressing daily safety reports and corrective action recommendations, and locking down of the facility. Elm RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services 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 selected firm 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. • 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. g. Assisting the County with obtaining necessary local, state and federal perimits 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 selected firm 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 selected firm. Additional Services Based on the County's needs, the selected firm may be requested to provide proposals to carry out specific monitoring activities/tasks related to solid and hazardous waste, debris management, removal, reduction, disposal, turn key environmental restoration and remediation, associated with natural and manmade disaster events. The County also reserves the right to request proposals from the selected firm to carry out specific monitoring functions for material managemnent, removal and disposal resulting from other than disasterous events. -15- AGREEMENT FOR CONSULTING SERVICES for Hurricane Debris Monitoring and Disaster Related Services This Agreement ("Agreement") made and entered into this day of , 2007 by and between Monroe County, a political subdivision of the State of Florida, 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 Washington, whose address is 800 N. Magnolia 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 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 CONSULTANT'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. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. B. 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 Buraiel Nathanial Counsell Wade Kilpatrick FUNCTION Principal -In -Charge Engagement Director Project Manager 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 COUNTY's 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 A 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 CONUSULTANT 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 16t" 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.ppo.pov/davisbacon/f1.htmI 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 government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.29.3 Disadvantaged Business Enterprise (DBE) 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 FHWA 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 D and made a part of this Agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Date: (Seal) CONSULTANT Attest: BY: By: Title: Title: END OF AGREEMENT RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services SECTION FORM: RESPONSE FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) I have included: o The Submission Response Form o Lobbying and Conflict of Interest Clause o Non -Collusion Affidavit o Drug Free Workplace Form 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: (Check mark items above, as a reminder that they are included.) Mailing Address: Signed: (Name) (Title) No Witness: Telephone: Fax: Date: (Seal) RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services ETHICS CLAUSE LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA (Company) warrants that he/it has not employed, retained or otherwise had act on his/its 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 its 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". (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by known to me or has produced identification. (type of identification) -32- (name of affiant). He/She is personally NOTARY PUBLIC My commission expires: as RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services NON -COLLUSION AFFIDAVIT 1, of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am of the firm of the bidder making the Proposal for the project described in the Request for Qualifications for: 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 knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Respondent) (Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of 20 NOTARY PUBLIC My Commission Expires: -33- RFP for Consultant 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: (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 participation 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 certify that this firm complies fully with the above requirements. Respondent's Signature Date NOTARY PUBLIC My Commission Expires: -34- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services Respondent's Insurance and Indemnification Statement Insurance Requirement Worker's Compensation Employer's Liability General Liability Vehicle Liability Professional Liability Required Limits Statutory Limits $1000,000/$1,000,000/$1,000,000 $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit per Occurrence/$1,000,000 Aggregate $1,000,000 per occurrence $2,000,000 aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS The Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants 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 attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Consultant or any of its Subcontractor(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, servants or 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 Architect/Engineer/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 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. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature -35- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services INSURANCE AGENT'S STATEMENT have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature Print Name: -36- ADDENDUM NO 1 Hurricane Debris Monitoring and Disaster Related Services Monroe County, Florida November 21, 2006 This Addendum forms a part of the Contract Documents and modifies, supplements or replaces information in the original Request for Proposals for the above named project. The following modifications are to be incorporated into the request for Proposals: Section One: Paragraph 1.10 Content of Submission, Tab 7 Cost Summary, add: Hourly billing rate for each position shall be inclusive of reimbursable expenses. Reimbursable expenses will include transportation (other than airfare), lodging, meals and incidentals. Airfare will be billed to the County at the Consultant's cost. Section Three: Draft Contract Article VII Compensation, add: 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. All other items remain as called for in the documents. End of Addendum No. 1 1 1 /21 /2006 ADDENDUM NO.] Page 1 of 1 Hurricane Debris Monitoring and Disaster Related Services AGREEMENT FOR CONSULTING SERVICES for Hurricane Debris Monitoring and Disaster Related Services This Agreement ("Agreement") made and entered into this day of , 2007 by and between Monroe County, a political subdivision of the State of Florida, 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 Recovery Inc a corporation of the State of Washington, whose address is 800 N. Magnolia 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 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 CONSULTAN I'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. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. B. 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 connPction 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 COUNTYs 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 Burgiel Nathanial Counsell Wade Kilpatrick FUNCTION Principal -In -Charge Engagement Director Proiect Manager 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 COUNTY's 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 suhconstiltants. 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 CONSULI AN T participates in a selt-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 A 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 CONUSULTANT 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, C;OUN1'Y and CONSULTANT agree that venue shall lie in the 16'h 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 intcrest, 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,gpo.gov/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 government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.29.3 Disadvantaged Business Enterprise (DBE) 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 taws 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 FHWA 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 D and made a part of this Agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, Clerk By: Deputy Clerk (Seal BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman MONROE COUNTY ATTO APOIROVED AST F N ILEENE W. CA SEL ASSISTANT COUNTY ATTORNEY ONSULTANT &Fi% 1 •�n Hll� - r o VrF -A- Title: EJxecutive AssistaI.TTL V ' Title: President/COO END OF AGREEMENT Disaster Related Services Monroe County, Florida I .: , BECK DISASTER RECOVERY,INC. December 12, 2006 Judith R. Steele P.E. CIO Monroe County Purchasing Department 1 100 Simonton Street, Room 1-213 Key West, FL 33040 Subject: Response to Request for Proposals — Hurricane Debris 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, .FHWA, NRCS, and other 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 disaster 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 Expectations/No Learning 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 Offices: The BDR team 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. 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 team will facilitate an expeditious recovery effort that maximizes reimbursement opportunities. 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 1.5 years. Current BDR clients include the Cities of Tampa, Orlando, Ft. Lauderdale, Hollywood, Plantation, and Cooper City, Florida; the JA SSWroposals\Monroe Monitoring'06 (130346)ICover Letter.doc 800 N. MAGNOLIA AVENUE, SUITE 400, ORLANDO, FL 32803 t 407.B03.5700 f 407.803.5701 beckdr.com Ms. Judith R. Steele Y.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 managed the recovery effort for nearly 50 million cubic yards of debris on behalf of over 35 public sector clients. These recovery efforts have resulted in excess of $1 billion in FEMA reimbursable costs to our clients. We have managed projects in response to every hurricane making landfall in the U.S. during 2004 and 2005. FEMA Reimbursement 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 up front funding from FEMA for our local government clients — greatly reducing the need for our clients to drain general fund 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 regarding this response, please feel free to contact me at (407) 803-5700. Sincerely, BECK DISASTER RECOVERY, INC. 2 Jo, athan J. Burgiel Chief Executive Officer TABLE OF CONTEENTS Letter of Transmittal SEC'10N ............................ Executive Summary.............................................................................................. l Relevant Experience............................................................................................ 2 M Experience Matrix Past Performance on Similar Projects..................................................................3 Letters of Reference ProjectApproach................................................................................................. 4 Staffing for Project & Qualifications of Key Personnel... ...... ................................ 5 Litigation............................................................................................................... 6 CostSummary...................................................................................................... 7 CountyForms.......................................................................................................8 Copyright O 2006, by Beck Disaster Hecovery, Inc. ALL RIGHTS RESERVED Unauthorized duplication, disclosure or distribution is prohibited. EXECUTIVIE SUMMARY D_� s r Recovery History 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 Hurricane Hugo. In the 16 years since then, BDR has assisted over 35 clients recover from the damaging effects of tropical storms (Sarasota County, Florida — Tropical Storm Isabelle in 2001), floods (Terrebonne Parrish, Louisiana resulting from Hurricane Lily in 2002 as well as Waveland, Mississippi from Katrina, 2005), and hurricanes (multiple clients in Florida, Mississippi, and Texas region in response to the 2004/2005 hurricane seasons) across the United States and its possessions. BDR has successfully managed all phases of debris removal and associated reimbursement efforts, including the removal of and reimbursement for over 43 million cubic yards of debris as well as the demolition of over 3,000 uninhabitable residential structures. We have assisted local governments in obtaining over $1 billion in reimbursed funds from federal agencies such as F'EMA 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 I I million cubic yards (Escambia/Pensacola following Hurricane Ivan) and 2 million cubic yards of sand screening on beaches. Our ability to efficiently manage large recovery efforts ensures 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. 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 1,800 trained staff on call — many of which located along the Copyright O 2006, by Back Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. t .t 1'0N „ Southwest coast of Florida from our recent work in the area. As a result, we have a full complement of staff that can be counted on to be ready to mobilize in the event of a significant storm event in or around Monroe County. Some of our comprehensive services are listed in the table below. Knowledige and Exp r3 rice of Emergencyga 4e . State & Fe leral Programs, Funding BDR has significant experience with federal, state, and local emergency agencies and programs, as well as funding sources and reimbursement procedures. As part of our work for the Cities of Naples, Ft. Lauderdale, Orlando, Pensacola, Boca Raton, and Monroe, Miami -Dade, Santa Rosa, Collier Lake, Escambia, and Polk Counties, BDR staff was intimately involved in all aspects of federal, state and local agency coordination and associated programs including funding sources and reimbursement procedures. 1-2 Copyright 0 2006, by Beck D7 saster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalfies. 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 step-by-step assistance to clients throughout the FEMA al e�o.s o ,?ode a: scare aria,; a ,' reimbursement process. We have worked closely with clients to en? ,-r cc -on € ^L"cn a-1, ass= aiew maximize reimbursement from state and federal agencies f) r, somFesond_ g�'', v 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 $l billion in FEMA funds. 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 snatching 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. Understandina of FEMA Debris Management and Reimursemen. ohkci In order to maximize public assistance for our clients, BDR maintains a professional working relationship with the Federal Emergency Management Agency (FEMA) at the Federal, Public Assistance Officer, Project Officer, and Debris Specialist Level. Constant communication and interface with FEMA allows BDR to obtain quick response on Disaster Specific Guidance such as stump removal, leaning tree and hanging limb removal, beach re -nourishment, and debris removal on private roads and private property. In the 2004 and 2005 storm seasons alone, FEMA promulgated new policies on stumps and leaning trees that resulted in the de -obligation of funds to many communities throughout 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 bcaled i V%snir_m�lta0.i�, , 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 the re.,umbuirsementi.,.ace. into limited cash reserves or credit lines to pay contractors and F s a,' s 0 `" '_FEW poi ws then have to wait, in some cases for a year or more for FEMA reimbursement. Moreover, BDR also maintains staffing in Washington D.C. to assist in the reimbursement of funds for our clients and to obtain favorable interpretation of, many times, vaguely worded FEMA regulations and policies. Special BDR 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 Copyright 0 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. 1-3 SE'U- Affairs, are retained by BDR on an ongoing basis to help facilitate the reimbursement process and obtain clarification on FEMA policies that are, many tithes, difficult -to -impossible to obtain from on -the -ground FEMA personnel with limited understanding of FEMA policies and regulations. Our data management and document storage procedures are tailored to facilitate FEMA review for the generation of Project Worksheet Versions throughout the project. BDR has successfully attained reimbursement in excess of $1 billion on behalf of our clients throughout Florida, Mississippi, and Texas over the past two years. Our FEMA Appeals and Funding Specialists have worked with FEMA Closeout Officers to attain millions of previously de -obligated dollars for communities in South Florida, The Panhandle, and Mississippi. In the field, BDR operations managers and field supervisors intimately understand FEMA rules and regulations, for hand -loaded vehicles, stump, limb, and tree removal at unit rates, volumetric load calls at disposal sites, and Right -of -Way debris removal eligibility. This allows us monitor contracts to the highest level of detail while concurrently managing and documenting the operation using proven methodology that maximizes FEMA reimbursement. UndeF,standing of Florida DepartmeM of Transportation `FD is Management Polic'es and Regulations 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 expedite residential recovery, better service the community, and maximize debris removal control within County lines. Proper documentation of this assignment of responsibility is critical. FDOT receives 100% reimbursement from FHWA for debris removal operations performed during first pass. Subsequent passes are reimbursed by FEMA at the disaster specific federal share. Proper documentation and executed agreements ensure that costs associated with debris removal on FDOT roads are billed back to, and reimbursed by, the proper entities. FHWA guidelines are not the same as FEMA guidelines for debris removal eligibility. BDR understands the FEMA and FHWA differing guidelines for debris removal and management and can greatly help the 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 0 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. Management Policies and Regulations- BDR works closely with the Florida Department of Environmental Protection during recovery operations to ensure that all TDSRS locations are environmentally compliant. Though sites can be pre -qualified for probable permitting, TDSRS sites cannot receive emergency temporary FDEP permits and approvals until Federal and State Emergency Declarations are issued. BDR disposal specialists perform thorough inspections with FDEP Representatives to ensure that the location is on an acceptable elevation, outside watershed basins, and environmentally suitable for debris reduction. Appropriate soil testing is performed to serve as a baseline for review of site remediation. After the remediation of the TDSRS, BDR assists FDEP in the review of remediation and close-out of temporarily permitted sites. BDR also manages sand recovery and debris removal operations to ensure that strict environmental compliancy is upheld, and endangered plants and animals are protected. `s"stsat3 .._.3 rz9i.^�,.s`s.:_.. _ur n..t`.,. - �; ,_� ih s s �: =P w = k d Wl e........,_.. rµ n r tanding Q Occupational Safety and H fbh Administration ;O 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. In addition to OSHA trained Project Management, BDR has OSHA certified trainers on staff. These trainers are mobilized to oversee safety/hazard communication and train field supervisors and employees. BDR also has ability to evaluate TDSRS site operations to ensure they meet OSHA standards such as grinding equipment set back a minimum pre -determined distance from residential structures. 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. 1-5 SB ?ON 1 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 FNMA 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 SmartCards 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 TimeTrack 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 .IDS GPS location Mileage Debris Type Contractor information Time-1 rac k I TicketTmck Sene, it Improve Accuracy Teats Vi ibilily to Pertinent Wormation Q Detect apid Reduce Fraud Improve Efficiency by reducing redundancy Encrypted, Secure Data Network Complete Audit Tracking Automated GPS Integration 1.6 Copyright 0 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. ped-aliword E Q u ipment 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 has seen first hand in Florida and Mississippi how catastrophic Hurricanes, such as Ivan and Katrina, cripple -"Rom y11111 infrastructure. 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 ability 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 key vendors (e.g. construction trailer vendors, etc.) to expedite field equipment that will be required for an extended debris removal assignment. Copyright 02006, by Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. 1-7 SECT 'ON 2 RELEVANTE-P ER I E110 BDR Knowiedge of Dsasler Re(-'ove ° 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, FEMAINRCS 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 efficiently as possible while complying with all Federal Emergency Management Agency guidelines and reimbursement procedures. oyei- 43 trr, ;Gr, cubi, _/jrd'5 of ebn-'S GS weil 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 11 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 perforated 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 Escambia/Pensacola project alone generated over 300,000 load tickets that were data entered and reconciled by BDR staff and reimbursed by FEMA. Because of the financial magnitude of the project, it was critical for Escambia County and the City of Pensacola to receive up -front funding for these services. By ensuring up -front federal dollars were made available, BDR minimized the need for our clients to fund the recovery effort B'. ...C_ c. u.-n"QQ j - onllde.,.smr'8a � _ ("F internally and wait months for FEMA reimbursement while z „W£ ,s =3w:r rx,a exhausting available lines of credit. In the 2005 hurricane season alone, BDR fielded over 1,800 staff to f" Aw7og Cou.cn-d 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, .lean and Ivan. <° by ssys" ,_$E,C� .. e e 2005 Copyright O 2006, by Beck Disaster Recovery, Inc, Confidential: This document is considered a trade secret and any misappropriation maybe subject to civil and criminal penalties. 2-1 We strongly recommend you contact each of our client references included in Section 3 to obtain comments on the quality of the services we provided in response to the 2004 and 2005 hurricanes. We are confident you will recognize the quality and experience of our staff after speaking directly with our client contacts. 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 neap 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 2-2 0 Copyright 2006, Beck Disaster Recovery, Inc. Confidential. This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. .. ....... ......... ......... ......... OF QUAI_!H—ATIO�,YS STAMA Experience Matrix Miami -Dade County, Florida 2005 3.000.000 i - Pembroke Pines, Florida 2005 930,000 'A E 3 Ft. l.auderdaie. Florida 2005 901,O0Q r City of Plantation. Florida 2005 alt,000 _ City of Boca Raton, Florida 2005 646.04€1 i Oty of Hollywood, Florida 2005 6QO.000 I I City of Miramar, Florida 2005 358,000 City of Tamarac. Flo, ida 2005 315,000 1 I . Miami -Dade Parks & €tecreabon 2005 250,000 � IM 9 Cooper City. Florida 2005 217.000 [€ MOfiFRe C011f3t'7. Honda 2005 200,000 ^. ri 1. Cicy of Naples. Florida 2005 197,000 tr h z F o Lighthouse Poirot, Florida 2005 100,000 C'€ty of Marathon. Florida 2005 100,000 Z 9 a w M'€ami-Dade Pub l€c School District 2005 50,000 A � Sroward County School District 2005 30.000 Collier County, Florida 2005 9.004 t a Naples Air -port Authority i 2005 6,000 Z ea Miarnl-Dade County, rtor€da 2005 2.500,000 v Cicy of Gulfport, Mississippi 2005 2,000,000 a Y q.t� v 53 Z' Harrison County, Mississippi 2005 1,850.000 A - V, W n City of P{antation. Florida 2005 450,000 ....... ......... ......... ..................................... ......... ....... ......... 0 x a - a C u r. .,..,,. �r✓,-. i S ."< ., i :i '.'r',c '*, ez .t"'a-. n Ft. Lauderdale, Florida 2005 400,000 - A City of Hollywood, Florida t 2005 360,000 City ofWaveland,Mississippi 2005 350,000 I Cooper City, Florida 2005 217,000 Monroe County, Florida 7005 20p,000 y01 City of Marathon, Florida 2005 15.000 �a 4. 5 � �n Jefferson County, Texas 200S 4,600,000 z e 71, V. Monroe County, Florida 2005 200.000 s� City of Marathon, Florida 20S 10,000 s Santa Rosa County. Florida 2005 2,OD0,000 I Escambia County, Florida 2005 1,200.000 IM ig, Q �g f r w s City of Pensacola, Florida 2005 400,900 Q u 1- a 3 Monroe County, Florida 2005 200,000 Tff City of Marathon, Florida 2005 20,00€7 � � m I Escambia County. Florida 2004 7,681,500 9, "a a v i City of Pensacola, Florida 2004 1,341DOO v M A Florida Department ofTransportation 2004 708,800 a ......... ... ..... ... ..... ... .. . ........ .... ...... ... . . 1:1 ;;:;:::;;;:;;::;;:::;;:;:::;:;:;;;;::;;;;:;::�:i:;;i ;;;'';:,i;::i;;i;::::;;;:: • i ,n��-, ��e✓i�',.F eu�*��, �� ., 1.. �.. � � r,"' da�����.:-:W'sa�";.`��-�' "��`"' �rY��..-.✓��t��.,,�,�% "� .�u..."`�'hf�„�.v`.��;a3vi"�Q..:�i"^..:��r; r - .„ W E�� SIMILAR PROJECTS Past Performance 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. Disaster Re o ,-, and Storm Debris Clean -Up Management Monroe County, Florida There is no area in the United States that is more frequently threatened by hurricanes than Florida's Monroe County, more frequently referred to as the Florida Keys. After Hurricane Dennis grazed the Keys in July 2005, Beck Disaster Recovery was retained to provide the FEMA required disaster debris monitoring services. Recovery efforts in the Florida Keys were particularly challenging given the sensitive ecological environment and lengthy travel distance (approximately 150 miles from end to end). Specific tasks of the Beck Disaster Recovery project team included: Help the County determine the roads eligible for Federal Emergency Management Agency (FEMA) and/or Federal Highway Authority (FHWA) funding; 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 QA/QC of load tickets, Beck Disaster Recovery was responsible for reconciling debris contractor invoices and authorizing payment by the County. Disaster Recovery and Debris Clean-up Management 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. " �n BDR provided immediate on -site project management assistance to assist in P p J g formulating a plan for the long term recovery efforts of the City. As the City's debris contractor was mobilizing, BDR developed zone and reap 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. Copyright O 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. 3.1 SECTION 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 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. In total, close to 200,000 cubic yards of vegetative debris were collected within the City. Disaster Re,ovend SerJces City of 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 covered 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 debris collection by the City's three contractors, Ashbritt, Crowder Gulf and 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. 3-2 © Copyright 2006, Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. City of Naples, Florida RAST 1=E--TO NINCE ON SIMI ,-P PROJECTS Immediately following Hurricane Wilma's landfall on Florida's Southwest coast as a Category 2 hurricane in October 2005, Beek 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. Disaster Clean-up and Beach Restoration r v_cs Pensacola Beach and Perdido Key Florida's Emerald Coast is known for its white, sugar sand beaches. The beaches are a critical element of the County's tourism -based economy and getting the beaches cleaned up prior to the Summer tourism season was of paramount importance to the County. Hurricane Ivan ravaged the beaches of Escambia County, including Pensacola Beach 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 flattened. The County's $20 million, 2003 renourishment effort was washed away when the beaches took a direct hit from Ivan. BDR worked closely with the County's beach contractor, DRC, to assemble a game plan for getting the beaches back up and running again. BDR assisted the County in successfully making a legal argument to FEMA on the need for private property sand and debris removal. BDR and DRC were responsible for obtaining Right -of --Entry (ROE) forms from local residents, then scheduling and conducting the sand and debris removal. Sand collected from public right-of-ways and private property was taken back to the beach for berm and beach renourishment efforts. BDR coordinated getting several areas of public beach screened so they could be re -opened to the public immediately. The remaining areas of the entire beach were later screened. 0 Copyright 2006, Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties 3-3 SEA i 111 3 BDR was also responsible for construction management activities associated with the construction of a new 20 year protective protective berm. BDR staked out the berm location and monitored construction activities to ensure they were in compliance with the berm design. Western Florida Panhandle — Escambia County, Santa Rosa County, City of Pensacola and FDOT BDR provided comprehensive disaster recovery assistance to nearly all of the local governments in the western Florida panhandle following Hurricanes Ivan and Dennis as well as two tropical storms. BDR's services also included serving as the field monitors for the Florida Department of Transportation on all state and federal roadways. These services included identification and permitting of 1.4 TDSRS sites, field and disposal site monitoring, and data management and invoice reconciliation. In addition to field monitoring nearly 13 million cubic yards of debris, BDR also provided monitoring services to remove nearly 2 million cubic EW miles of protective berm. BDR was also responsible for providing QAIQC services on beach and berm shaping. Another unique aspect of BDR's work in the western Florida Panhandle a TDSRS Permitting.A.: was the management of a comprehensive Right of Entry program.. BDR Monitoring b m Program Management was responsible for all paperwork, logistics, and monitoring associated N Field Monitoring with the ROE programs implemented by Escambia County and the City of 2 Data Management Pensacola, for the removal of debris from private property. RO.EAdministration Watewys Clean-up BDR also managed a call center ("debris hotline") for Escambia County Debris: Hotline Cali Center and the City of Pensacola to field resident questions, concerns, and I Upfront FEMA Funding complaints during the debris removal process. Hauler>Invoice Reconediaticn. is st f RecoverV and, S11-on Debris Clem -Up Managemept 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; 14 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; Management of debris removal efforts in City parks; 3-4 0 Copyright 2006, Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. R Load ticket data entry and contractor invoice reconciliation and approval; and Assisting the City in preparing FEMA project worksheets to obtain maximum reimbursement. Storm Debris Clean-up Mang ' 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 comprehensive leaner and hanger removal program for the School District and Parks Department. In total, BDR managed the removal of 5.5 million cubic yards of debris in Miami Dade County following Hurricanes Katrina and Wilma. Par and s e-Gre fl_ nalAreas Dei ds Removal Miami -Dade Parks and Recreation Miami -Dade is a heavily populated and growing area in South Florida. The Parks and Recreation department consider the area's 300 parks to be among their most vital assets for the millions of tourists who visit there over the year as well as the local residents. Following Hurricane Wilma, which struck in the summer of 2005, Beck Disaster Recovery was retained to provide the FEMA required disaster debris monitoring services in the ware 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. O Copyright 2006, Beck Disaster recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties 3-5 SECTION Disasteir Debleis aan u Management 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 provided comprehensive collection and disposal monitoring activities. Approximately 100 collection monitors were deployed daily to monitor collection activities. The portions of the City that received collection service v Monitoring M ROW Debris Removal' were mapped on a daily basis so that the City had a near real-time a Data Management understanding of the progress that was being made. BDR was also m Develop Zone Maps responsible for monitoring activities for hazardous stump removal, tree a Hazardous Tree Removal removal, and some water -way clean-up. Disaster Recovery Planni.ing and Procurement Servills Lake County, Florida �� BDR assembled and deployed a full disaster recovery team to the operational support center to assist with staging and logistics operations, project staffing, and daily scheduling and dispatching for field inspectors. BDR oversaw all aspects of debris removal operations and monitoring including certifying the volumetriccapacity (cy) of each collection vehicle and determining truck assignments. also doccumented contract hauler truckscubic yardages, time in and out; iris ToiWe o fnumber :616�,707 of loads/day; and other data. We worked with county personnel to cubic yards ya 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. I so Truck/Load Cenifioat[on BDR also supervised all aspects of debris collection operations and n Collection Monitoring Disposal Monitoring:. monitoring including monitoring work areas with multiple trucks; issuing Data Management load tickets for each debris load removed; and monitoring work performance Invoicing Services and productivity, We also provided troubleshooting for potential problems; Waterways clean-up V. Hazard Mitigation Planning coordinated with central dispatch/staging; surveyed areas for special FEMR tReim6urse.ment: collection needs such as tree stumps, hazardous trees, and C&D debris; and recorded/mapped the streets that had been completed. 3-6 0Copyright 2666, Beck Disaster Recovery, Inc. Confidential; This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. BDR's effort 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 receive reimbursement for the total clean-up cost from state and federal emergency management organizations. ARCS Funded Debris Removal--- Wand Waterways Escambia County, Florida BDR assisted the Escambia County Natural Resource Division in identifying inland waterways requiring debris removal. Once identified, BDR coordinated with the County to analyze the dimensions, depth, and environmental condition of the waterways. Target easements adjacent to the waterways were identified to allow debris removal contractors adequate access to complete the varying scopes of work, and staging areas to place construction and demolition debris for loading and disposition to a Class 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 Office 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 curb erosion and prevent flood. Once the contractor removed all identified debris, a final walk-through was conducted with a County retained environmental expert to survey all potential impacts from the debris. This component was recorded by a BDR Monitor to verify scope and project completion, and provide Escambia County and NRCS with a comprehensive paper trail for funding and audit purposes. Disaster Recovery Services Florida Department of Transportation The Florida Panhandle was devastated by Hurricane Ivan during the summer of 2004, littering the area's state and federal highway system with debris. BDR was hired by the Florida Department of Transportation (FDOT) to coordinate collection logistics with the County and ensure collection operations were in compliance with FEMA and Federal Highway Administration (FHWA) guidelines during the 2004 and 2003 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. 0 Copyright 2006, Beck Disaster Recovery, Inc. Confidential. This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties 3-7 C iON There were a number of critical roadways on the barrier islands that were completely washed out by Ivan. For public safety purposes, a priority was put on making the roads passable again. BDR staff assisted the FDOT in coordinating efforts to recover sand from the island for use in rebuilding the roadways. 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 reimbursement accounting. Public and Pr vale PropeftyDegas -m v i Program � a r t Cities of Gulfport and Waveland and Harrison County, Mississippi Hurricane Katrina made landfall in Mississippi on August 29, 2005 as a Category 4 with sustained winds of 145 miles per hour. The affects of Hurricane Katrina on the Cities of Gulfport and Waveland and Harrison County were devastating. Within hours of the roads being passable, BDR was on the ground assisting these communities with debris hauler procurement and contracting. The debris removal operation facing these communities was one the largest in United States history. As a consequence, the communities' initial concern and BDR's first task was to assist in working with FEMA to obtain advanced funding to finance the debris removal operation. BDR was successful in assisting the communities develop a S43 million project worksheet, of which $21.5 million was federally obligated for spending almost immediately. Upon receiving funding, BDR assisted in initiating right-of-way debris removal operation, right-of-way leaner and hanger removal program, and debris removal from City and County parks. In addition to the traditional debris removal programs above, BDR assisted with the following debris removal programs: Hazardous food waste removal: in the aftermath of the storm the communities learned that chicken, pork bellies and beef from the port had been strewn about the City and County's streets. BDR assisted in monitoring the removal of this material in accordance with Federal and State regulations. Residential and commercial private property debris removal: the :magnitude of the damage caused by Hurricane Katrina made it necessary to enter private property, both residential and commercial alike, and remove debris in the sake of public health and safety. BDR assisted in assessing 5,000 residential properties and over 4,000 commercial properties. Small craft harbor debris removal: the storm surge that was generated by Hurricane Katrina completely destroyed the City of Gulfport's small craft harbor. BDR assisted in monitoring debris removal from the City's 3-8 0 Copyright 2006, Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civic and criminal penalties. 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 assisted these communities with the removal of over 4 million cubic yards of debris. 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 City of Miramar, FL Tom Good October 2005 to 13900 Pembroke Road (954) 602-3116 July 2006 Building L Miramar, FL 33027 City of Orlando, FL David Sloan September 2004 400 South Orange Avenue (407) 579-2446 to March 2005 Orlando, FL 32801 avidz'van^�it` `i�� Escambia County, George Touart September 2004 223 Palafox Place (850) 554-2774 FL to Present Pensacola, FL 32501 ao, e1ouarti co,esc mba 3Luu City of Naples Dan Mercer October 2005 to 380 Riverside Circle (239) 213-4712 February 2006 Naples, FL 34102 �,ereer� Sao=�.s� City of Hollywood, Wade Sanders August 2005 to 1600 Southpark Road (954) 967-4200 FL September 2006 Hollywood, FL 33021 wsa de.s@ho& i.oa City of Gulfport, MS Brent Warr, September 2005 P.O. Box 1780 (228) 868-5810 Mayor to Present Gulfport, MS 39502 mn. s.u. s City of Waveland, Tommy Longo, September 2005 301 Coleman Avenue (228) 760-1716 Ms Mayor to Present Waveland, MS 39576 Via` or soaiic� trCi'�i:'��=•�i ©Copyright 2006, Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties 3-9 Lake County, FL Kristian Swenson August 2004 to 123 North Sinclair Avenue (352) 253-4980 October 2004 Tavares, FL 32778 (352) 516-4332 swenson V co.iake.fl.us Santa Rosa County, Avis Whitfield July 2005 to 6075 Old Bagdad Highway (850) 623-2221 FL November 2005 Milton, FL 32583 3-10 0 Copyright 2006, Beck Disaster Recovery. Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civil and criminal penalties. PA►TRICK SWAIN COUNTY AUDITOR (409) 835.8500 July 25, 2006 Beck Disaster Recovery, Inc. 800 North Magnolia Blvd., Suite 400 Orlando, Florida 32803 Subject: Leiter of Recommendation To Whom It May Concern: l l49 PEARL ST. - 7TH FLOOR BEAUMON T, TEXAS 77701 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 FERIA 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, FE VIA 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 trey 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 pswainouco jefferson.tx.us. Best regards, Patrick Swain County Auditor .Jefferson County, Texas BRENT WARR Mayor WILLIAM W. POWELL, P.E. Director of Engineering ENGINEERING DEPARTMENT 4050 Hewes Avenue Gulfport, Mississippi 39507 Telephone (228) 868-5815 Fax (228) 868-5822 rULFIPORT AF 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 personnel that I have dealt with to date have been very responsive to problems and professional in their approach. I would like to particularly identify Mr. Jon Hoyle and Mr. Jeff Newton as being very experienced, knowledgeable and responsive. I can recommend the R. W. Beck Company for debris monitoring operations with no i Z?_FaV_ . William W. Powell, P.E. Director of Engineering WPlcb Post Office Box 1780 - Gulfport, MS 39502-1780 - Phone: (228) 868-5700 u ARRISON COUNTY �4 BOARD OF SUPERVISORS a 0076 LoRRA NE RD. • GULMORT, MtsstssiPPI 39503 Y (228) 896-0201 1896-0210 I FAx (228) 896-0203 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 Katrina 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 Broadus, Sr. Road Manager Harrison County Road Department Gv fj �1 Terry Br©adus, Sr. Road Manager BOARD OF COUNTY COMMISSIONERS ESCAMSIA COUNTY, FLORIDA April 5, 2005 To Whom It May Concern, Following the landfall of Hurricane Ivan, Esmnbia 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. Beek served as program managers for our clean-up effort and provided collection and disposal monitoring services as required by the Federal Emergency Management Agency (FEMA). R.W. Beck played a crucial role in getting our debris sites pen-nitted 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. Beek has provided to Escan-ibla 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. Bscambia County would highly recommend R.W. Beek to any comrnur�hat has the misfortune of going through a natural disaster, Si rge4 Y, o art PUBLiC WORKS TELEPHONE (239) 213-4712 * FACSIMILE (239) 213-4799 380 RIVERSIDE CIRCLE * NAPLES, FLORIDA 34102-6796 April 5, 2006 Jonathan J. Burgiel, President Beek Disaster and Recovery Services, Inc. 800 N. Magnolia Avenue, Suite 300 Orlando, FL. 32803-3261 Re: Letter of Recommendation Dear -Mr. Burgiel_ On October 1-4, 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 Maples as a model community concerning the recovery efforts from Hurricane Wilma. As the City of Naples faced challenges concerning F.E.M. A. eligibility reimbursement, especially with our loss of many unique Banyan Trees, Beck Disaster & Recovery Services, tnc. greatly assisted and contributed to bridging Our governmental relationships with FEM.A. As these relationships evolved, the communication between City staff and F.E.M.A. has greatly enhanced the City's eligibility for reimbursement. Beek, Disaster & Recovery Services, I.nc.'s initiative and assertiveness with all contractors contributed greatly to the successful recovery of our community; and for that 1 am truly thankful. In closing, based on the City's experience in working with your company over the past four months, .I can truly recommend you for any future monitoring/management services related to disaster recovery. However, as exemplary as I found your services, I do hope our community never needs to call upon you again for disaster recovery. Res ectfully, Dan Mercer Director of Public Works Xc: Ben Copeland, Budget & CIP Manager !/faiir/r e:F �rr`�fp^ ... /r ::..•sr. .✓. F�/:�I,;+ �. ff >r y�=(... lr: rris/`� ��� .r �dr��isf rr � r.:l �yi;t3&i MEMORANDUM TO: Whom It May Concern FROM: David S. Sloan, Environmental Services Director DATE: April 6, 2005 SUBJECT: Outstanding Performance by R.W. Beck The City of Orlando appreciates the knowledge, professionalism, and dedication displayed by the entire R.W. Beck organization. City staff was challenged to provide basic services to our citizens in the weeks and months following hurricanes Charley (8/13/04), Frances (9/04/04), and Jeanne (9/26/04). To deal with the overwhelming task of recovering from three hurricane events occurring within 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 FEMA/State documentation requirements to maximize reimbursement. Over one million cubic yards of debris had to be collected, reduced, and recycled or hauled to a landfill. On the "Peak Day", two hundred and eight sub -contractor vehicles were deployed throughout the City. In total, four thousand stumps had to be ground or pulled, five hundred hazardous trees had to be cut down, and over one -million dollars was spent on removing hanging branches over right-of-ways. Through it all, Beck's staff worked long hours, often seven days per week, to get the job done. Currently we are in the process of developing submittals for FEMA reimbursement. R.W. Beck has compiled, reviewed, and validated over thirty-seven thousand load tickets for debris collection. Beck staff has been instrumental in all of our meetings with FEMA and has provided supporting data and back up information when funding eligibility issues required additional explanation. In closing, I'm pleased to say the entire City Management Team assigned to the disaster recovery effort are grateful for the dedication and personal commitment displayed by the R.W. Beck organization to help us during our time of need. I hope we never have to watch our citizens go through such a challenging period again, but if we do, I hope R.W. Beck will be at our side! � i l CITY BALL • 201 WEST PALMETTO PARK ROAD • SOCA RATON, FLORIDA 33432-3796 PHONE. (561) 393-7700 (FOR HEARING IMPAIRED) TDD: (561) 367-7046 SUNCOM_ (561) 922-7700 INTERNET': www.ci.boca-raton.fk.us 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 storm when Hurricane Wilma cut a swath of destruction through this once quiet community. On bath occasions, Beck Disaster Recovery was retained to provide comprehensive program management support for the clean-up effort, allowing us to return 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. Ahem Manager —AN EQUAL OPPORTUNITY EMPLOYER — SECTION 4 PROD APPROACH 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-EventlPreparedness 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 BDR's experience in managing and monitoring millions of cubic yards of temporary debris storage and reduction, BDR understands the requirements necessary for an adequate TDSRS location. Our disposal experts review logistics, acreage, vegetative and population density, local ordinances and contract reduction methods to identify safe, efficient, and effective TDSRS 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 .FDEP emergency guidelines. Copyright 0 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. 4-1 Debris Management Plan Development; Specific elements of debris management plans prepared by BDR include an organizational assessment, a TDSRS evaluation to include Tier 1, 2, and. 3 sites, a detailed summary of debris removal operations available to implement when necessary, and an action plan that outlines the specific steps that need to occur at each phase of the debris management process. BDR can also provide assistance in updating the County's current plan. Typical project work flow w 0 r - �4 First in Reponse 6 Hours) 4" J. ,r ..< � ' Ms7Psttix�Teart t Road OearinZ Push a, DeveopFEFtA Prajectwor sie�ts Truck Certification and Open Disposal Sitws Puhk Information Monitor Cokc-iop Qperat€Giro and Debris Disposal Implement Right -cif En r; and Implement spe-cial Presgrams Data Entry of LoadT€ckets Reconcile Contractor invomes Develop PEMA Prgcct Workshsct`,fcrsiors Audit Oversight 4-2 Copyright 0 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. PP.,0JEC APPROACH Multi -Jurisdiction Coordination: BDR recommends (and frequently facilitates) an annual meeting of those individuals from the County and other key stakeholders (FDEP, School Board, etc.) that may be involved in debris management issues following a disaster to outline responsibilities of each jurisdiction or agency. FDOT Coordination and Road List Database Development: Perhaps the most critical pre -event activity is coordination with FDOT on road clearance and debris removal responsibilities. BDR can assist the County in developing a road database with associated maintenance responsibilities and ensuring that there is a clear understanding between FDOT 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: In addition to the multi -jurisdiction coordination meetings discussed above, BDR 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 Information Planning and Support: Another critical element of a disaster preparedness and response program is accurate, coordinated public information. BDR is prepared to work with 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 BDR team is that of process readiness. In the term process readiness — we are referring to the process of preparing BDR to react quickly and efficiently to a natural or man made disaster event. This process includes supply management of load tickets, truck certification forms, and other critical supplies necessary for immediate response and accurate documentation. We use technology to make data management more efficient, upgrading our load ticket and invoice reconciliation software systems. Our management team broadens their knowledge and skill sets with FEMA guidance workshops, advanced OSHA certifications, and emergency response training. Grant Support: .BDR has extensive experience in developing funding strategies to assist communities in receiving Federal and State disaster and mitigation funding and special appropriations for disaster relief, long-term recovery and mitigation projects. We routinely provide local mitigation strategy staff support to improve the community's resistance to damage from known natural hazards by providing technical and strategic assistance in prioritizing and positioning their initiatives to compete effectively for pre- and post -disaster mitigation funding, thereby reducing the cost of disasters at all levels and speed community recovery. BDR is prepared to work with the County in determining the planning and preparedness services that the County feels are necessary. Post -Event Response and Recovery The "Response" Phase is the period of time immediately following a disaster event when essential roadway arteries must be cleared in order to allow access for emergency vehicles, food and water distribution, etc. The "Recovery" period follows the Response Period and includes the vast majority of debris removal operations. The sections that follow present BDR's approach to services during the Response and Recovery periods. Copyright 0 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. 4-3 SECTION4 Project Management BDR's approach to project management involves the development of a robust project team to allow for key staff with project management responsibilities to focus exclusively on the project management function. Specific elements of BDR's project management approach are discussed below. Project Management Plan (aka Debris Management Action Plan): Upon activation, one of the initial tasks that BDR will perform is the development of a project management plan for the specific disaster occurrence that includes essential documents including: (1) an organizational chart showing the inter- relationships of County, BDR, and debris removal contractor staff, (2) a contact list of relevant staff persons from the County, BDR, and debris removal contractor staff, (3) a copy of the BDR and debris removal contractor contracts, and (4) other key field documents such as a County map depicting TDSRS locations, etc. Cost Tracking: BDR recognizes that one of its primary responsibilities is to expeditiously implement a cost accounting system to capture critical data required for reimbursement by State and Federal agencies. Daily Meetings: BDR will facilitate daily meetings between County, BDR, 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. BDR staff members in attendance will include BDR's Project Manager (or their designee), the BDR Operations Manager for each contractor, and other appropriate BDR staff as necessary. BDR has found that daily meetings are essential for the first few weeks of a debris removal operation after which frequency is typically reduced, as appropriate. Work Scheduling: BDR will work with the County's designated Debris Manager to schedule work for each day. BDR 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. BDR's daily reporting system will provide the County with daily and cumulative statistics, including : (1) number of collection vehicles operating, (2) total loads and cubic yards collected per TDSRS, by debris type (3) total loads and cubic yards collected per contractor, by debris type (4) average truck size per contractor, (5) number of participants at public drop-off sites, etc. A copy of one of BDR's standard daily reports is included at the end of this Section. BDR is also prepared to comply with the County's requirements for weekly reports, a final summary report, and other reports and documentation as requested. BDR 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), 4-4 Copyright 0 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. Debris Hotline Call Center Operations: Following a disaster, citizens will look to the County for direction regarding the debris removal process and project progress. BDR is repared to assist 41onroe CouiiO if, esi Ali hin andstaf_fln a " hodi e" iachi in suppi 'in equipmment, phone lilies, etc, f) ixspond to pablic romplaint5 and concerns, BDR operated Escambia County's debris hotline - as a FEMA reimbursable expense following Hurricanes Ivan and Dennis for approximately a 12-month period. JEAPPROACH Escambia's Call Center 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: BDR 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 will 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 l smenbia County I Florida 4 ` recovery effort, it is critical to understand the ,tl ...... _.m.... . potential quantities of debris that may be Chi , d Emr n. generated. BDR has found that rather than 1,4i...d' iH.s.A.A& W369 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; l'ey lsuem t,'haro:t�ist� Eiea�. E'anamredn Ivxduuvat i'k7t * 43�drum ¢•• yaentilr addFis i.-W. yards s,35t>,i 1D H- ncaniw^r of tt Ihl , C = src,rm utcgwz tuA' w n b� yeah 26 ,.. taN m 6—laimi. s diip is �,. U,t4K4.0W OPAhpl.- ., 1.2LV �' swzYupm7Pn zc,n elurarL—U. mrs{6}din t-15 MdC&DVO is 3.U#a,lki6 %+ai IletRi. �.3�,t C• ate,, €leax K'aaFy fJeiuis Yu€wts^ ],',tKir1 E:1— VL,,,. y P h k Rats & »I 20 0— W.My fX brisC-i E�U..k _17.45%475 Ri'€FWI C.&.D MWM '',Alamo tgix�d cA.t)[xtui., Racc n. bsxed C.&i)17 W- C—,€F.«t;n.me s ss,<r>I.3.sas Tr�a! [petrla RewraraE f'a�st L.s,iteaee 1e! 5 9R.S&.).�W r�E ��srrn�rw w�o,m � a t9,ara.�.te 7r9a1 D.+6Rdn 1C.1 l+yiause Fi 4 [i?0" Copyright 0 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 S. i9i: N Flyover (to determine if the debris field is isolated in certain areas or widespread across the entire jurisdiction); and Personal estimates by BDR and debris contractors experienced in disaster recovery efforts. Each of these approaches will be considered in developing an estimated debris volume in the County. Push Period Assistance 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. BDR is prepared to assist Monroe County during the push period in a number of ways including: (1) conducting an inventory of blocked roads that require immediate clearance, (2) administering the sign -in and sign -out of labor and equipment to track time and material charges, (3) assisting County staff in maintaining maps or databases to track road clearance progress, and other essential tasks as requested. Those local governments that have received the highest praise from their citizenry following a disaster are typically those that have communicated the best. BDR is prepared to provide public information staffing support as requested by the County. BDR 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. �C ifiC(Dl Truck certification is perhaps the most critical element of the monitoring component of a debris removal project because the process establishes a volumetric capacity for each collection vehicle utilized — many of which deliver hundreds of loads during a debris removal project. Minor errors in truck certification measurement and calculation can result in substantial volumetric and cost discrepancies. BDR has established a standard methodology for truck certification. Aspects of BDR's truck certification procedure include: Use of the BDR truck certification form. This form includes the latest in FEMA guidelines on truck certification documentation and volume calculations. Minimum Vehicle Requirements: BDR will inspect collection vehicles to ensure FDOT and County compliance. Special notations on truck placards for sideboards and other unique vehicle attributes. These notations inform tower monitors that the measured capacity includes sideboards (or other modifications), thus discouraging collection contractors from fraudulently altering vehicles after certification. Photography of vehicles and drivers. Periodic spot checks and recertification of trucks that were potentially altered after initial certification. 4-6 Copyright 0 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. PROJEC-T APPROACH Field Mlonitoring 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 important goal of a disaster recovery effort 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 our project staff is hired from the local area. To " 3` W —on o the extent there are concerns over the quality of field collection W° ;' E-; Counn W, sSist. dcsploce monitor staff, BDR is prepared to bring in experienced Field Monitors from other parts of Florida (all of which worked for BDR during the 2005 storm season). All BDR field personnel will be provided with badges (including a recent photo) get !"oC vE h"redy6 _ �ocaf r 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. 46 At the start-up of collection operations, BDR Collection Monitors arrive at the staging location approximately 45 minutes prior to the start of field operations. Activities that typically occur during this 45 minute period include: 1) debriefing by Collection Manager and/or Field Supervisors on important issues, 2) distribution of safety gear (caution lights, safety vests, etc.), and 3) distribution of trap books and debris tickets. Strict records are kept of the debris ticket numbers assigned to specific monitors allowing for easy tracking in the event of alleged fraud. At the outset of collection operations, we anticipate approximately one monitor assigned to approximately four trucks. As operations continue and trucks spread out within collection zones to efficiently collect scattered debris, the ratio of monitors to trucks will likely decline. 01 A Collection Field Supervisor will be assigned to approximately ten to twelve monitors. BDR has found this to a reasonable ratio thereby allowing Field Supervisors to routinely interface and perform quality assurance control checks with Field Monitors on multiple occasions each day. Responsibilities of the Field Supervisor include verification of load ticket accuracy and response to Collection Monitor and debris contractor issues in the field. Field Monitors shall be responsible for: (1) verifying the proper loading and compaction of debris into the debris recovery contractor's certified loading container, (2) ensuring that all debris recovery contractors and their subcontractors adhere to the Monroe County's Debris Management Action Plan and that they are working in an efficient and safe manner, (3) surveying their assigned areas for special need issues (e.g., stumps, leaners/hangers, etc.), and (4) photographing loads as directed by the County. At approximately 3 p.m, each afternoon, we will ask the Debris Contractor Project Manager to provide an estimate on the number of monitors that will be required for the following day. This will allow time for the BDR Scheduling Manager to schedule the appropriate number of collection monitors for the following day. Copyright 0 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. 4-7 SECTION 4 At the close of operations each day, all Collection and Disposal Monitors will report back to the staging area to 1) turn in all completed tickets, 2) update the master map book showing street areas cleared of debris on that particular day, and 3) report any inconsistencies or problems that occurred during the day. QA/QC Program: The vast majority of ticket errors occur within the first few weeks of the initiation of a debris removal program. As such, BDR assigns QA/QC staff to each TDSRS tower with the sole responsibility of reviewing tickets and contacting Supervisors and Field Monitors immediately after errors are identified. This process serves three very important purposes: (1) 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: (1) leaner and hanger removal programs, FEMA and NRCS waterways debris removal programs, (3) abandoned vehicle and vessel recovery programs, and (4) comprehensive private property/Right-of-Entry (ROE) debris removal programs. BDR has administered the largest ROE programs in recent history including programs for Escambia County (FL), Gulfport (MS), Harrison County (MS), and Waveland (MS). MS)RS Monitoring and SuppW BDR's approach to TDSRS monitoring and support stems from the parent company's decades of experience in the design and operations of solid waste management disposal facilities. Examples of specific approaches relative to TDSRS monitoring and support are identified below. TDSRS Emergency Permitting: BDR is highly knowledgeable of the FDEP Emergency Permitting Program. BDR routinely serves as the local government's agent for TDSRS permitting issues. TDSRS Tower Monitoring: BDR will provide a minimum of two Tower Monitors per TDSRS tower site. Specific responsibilities of Tower Monitors shall include: (1) making truck fullness load calls and recording the information on the proper load ticket, (2) taking photographs of loads (as directed by the 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 Copyright 0 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. 1PRECT APPROACH f+r*-r 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., flaggers) and after-hours site security. Data dmi §# (r n and invoice R cn chili n One of the most important and time consuming elements 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 element of the debris recovery process. After tickets are turned in to the staging location each day, the following steps will take place: Tickets will be transported to BDR's local field office and entered into BDR's database on the following day. As soon as all tickets have been entered (typically around 3 p.m.), the 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. Torun orTonawanda, New Viwk $ N— YaeG Semeomem f 6tsU IS IUR a € S AST.i a. d ' C- V j: R ¢g[ Y.e CWksted sd R­WmR cmled_5laFkm .__..... U do,� t EA51` PARK TDSRS �: 3 UW is Cdlkfxioa Slai�s€A5'6BSR31 ''.. Isash ya& EAST PARK 7DSFs JkHI 1i7,�3 � 4iore�w Sm — kd.ICY) moo. 1ff, T.W „: a M—d' e.kdo., irr1 p � f:usabifNe-Pwj�etW iix[e > TOLvf L t 0, cdhL wd' i f tY Vc}}"utive 1W °/. 3 iT �tiJ kLa f Tak�i f 1' 11A1 FI I. '9t. Ck" RGnt aim' 12 S l9. ITy1gs Ramrtniog [a rimcm 3nr11'. 1 , [ CeRecFmP >eIF,YRAPb'¢M+%riCs ¢vmF ,.FkaiiaBre l®, L`rtl4 Nwnbei c.f lliepwttl5'de%- ' E g W i cY V_-kk m'I,, F.d, _ i 933¢ g 9 57 ±a,w�ernfE�Coll.-ae�t a5 i 9� $ - n npy Dar WY, Ail ERFIIF.9 calf ces lkaduk �uW ....._ ...... .. ... .. llupos:d �,ia 1ms: ,_.__. - ....,.._.---------- ...._,..,. ,. ' 1 sen& ily reports 3io email to ju client: to kee Cher n informed of thedeanu ices, 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. M 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. I q For invoice reconciliation, once invoices are received at BDR's offices they are electronically and physically date stamped. A database query is run that performs a ticket by ticket comparison of the BDR database versus the contractor database. The database generates a report that shows where the two databases agree, disagree, or have missing information. A BDR Data Analyst is tasked with Copyright 0 2006, by Beck Disaster Recovery, Inc. Confidential: This document is considered a trade secret and any misappropriation may be subject to civii 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 retainage — 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 perforated. This typically requires significant communication between BDR and contractor staff to resolve discrepancies. After all discrepancies are resolved, BDR 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 file is complete. f BDR'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. i pit upC BDR is committed to ensuring that our clients receive maximum reimbursement for eligible work from State and Federal agencies. Specific funding support services provided by the BDR team are outlined below. Immediate Needs Funding Support: One of the unique elements of BDR's approach is our focused initiative to obtain Immediate Needs Funding for our clients. This process involves: (1) development of a debris quantity estimate that is supported by FEMA staff, and (2) preparation of a Project Worksheet to cover the estimated cost of the entire debris removal effort at the outset of a project, and (3) assisting the County and FEMA Public Assistance Officers with Project Worksheet amendments (as actual debris quantity estimates begin to firm up). pian s ,'-'c from : ,, ry : , is E -P' d m-s ve op-duaw'oncredl ­es Appeals: Based on our in-depth knowledge of FEMA reimbursement policies, BDR 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. Funding/Regulatory Assistance: BDR has former senior level FEMA staff located in Washington, D.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 O 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. P jECT ANDP, 'ACH Other Preparedness-, Response, and Re st e CIeS In 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 disaster/emergency management planning services Emergency operating and preparedness planning studies Hazard mitigation planning Emergency Management Accreditation Program (EMAP) approvals Continuity of Operations Planning (COOP) Provide training of County staff in essential debris management and collection functions 14 Mitigation grant writing and project management Other pre -event disaster/emergency planning services Post -event disasterlemergency response and recovery services a Infrastructure damage assessment and restoration Housing/building/utility/transportation system inspections, engineering, contract procurements and construction management Assessment of habitability of residential and other structures Hazard mitigation plan development Hazard mitigation grant writing/development Signage inventory and replacement Other post -event disaster/emergency response and recovery services. Copyright Q 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. 4-11 SECTION QUALIFICATiONS OF KEY PERSONNEL Rem '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 Listing AbilityTasks Simultaneously BDR .has an outstanding reputation for completing projects on time and within budget. We have undertaken and successfully completed several projects on fast -track schedules. Internally, it is the practice of BDR to review our projected workload and assess the firms staffing requirements 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. With 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. BDR'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, BDR 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 durinlgthe 00 r r Fwl fm heha4f ?#'23 c fienLt Florida, Taxer and Mis i,cJplfi This experience ensures the County a safe and quick response and allows 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 0 2006, by Beck Disaster RecovM, Inc. 5-1 f.f- TION a� € E4,ti ? y Personnel Beck Disaster Recovery is staffed by a unique blend of technical, financial, analytical, and engineering talent each developed through a hands-on approach to problem solving, We're proud of our ability to attract and retain some of the best and the brightest. Rooted in sound engineering principles and business basics, our engineers, operations managers, field and support personnel work relentlessly to get communities back on their feet and properly reimbursed by FEMA and other emergency management agencies following a major catastrophe. BDR 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 the key personnel proposed for this project. The roles and responsibilities of each project team member are demonstrated in the organizational chart at the end of this section. Jonathan SurgielPrincipal-in-Charge University of Central Florida: Fasters in Business Administration Tufts University: B.A. in Economics KEY AREAS OF _XPEMENCE Mr. Burgiel serves as the Chief Executive Officer of Beck Disaster Disaster Recovery Planning Recovery, Inc. In this capacity, Mr. Burgiel manages the business operations of all disaster recovery efforts including preparedness Comprehensive Program planning, project staffing, logistics, FEMA reimbursement support and Management accounting/auditing oversight, and debris hauler procurement and Contract negotiations contract negotiations. Mr. Burgiel is dedicated to helping communities FEMA Compliance Monitoring plan for and recover from disasters and provide the necessary documentation to receive the maximum allowable reimbursement FEMA 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. Mr. Burgiel's experience is based on 22 years with R. W. Beck, parent company of Beck Disaster Recovery, where he most recently served as the firm's National Director of Solid Waste Management. His disaster -related work has included assisting clients throughout Florida and the southeastern and Gulf Coast regions of the United States in response to the hurricanes of 2005 (Katrina, Rita, Wilma, and Dennis), 2004 (Charley, Frances, .lean and Ivan), Hurricane Lili in 2002 in Louisiana, and Tropical Storm Gabrielle (2001). Most recently, Mr. Burgiel was responsible for supervising an immediate response team to provide storm debris clean-up and recovery planning efforts on behalf of Santa Rosa, Escambia, and Monroe Counties and the City of Pensacola, Florida in response to Hurricane Dennis in late 2005. Mr. Burgiel is intimately familiar with local state and Federal solid waste and hazardous waste regulations, as well as Department of Transportation (DOT) regulations, Florida Department of Labor (DOL.) Occupational Safety and Health Administration (OSHA) regulations, and Federal Emergency Management Agency (FEMA) and Federal Highway Administration (FHWA) policies and reimbursement procedures as they relate to disaster and debris management and recovery. 5-2 Copyright © 2006, by Beck Disaster Recovery, Inc. nU fi. r S 0 F K E Y P R Sf N !" EL Recent clients with whom Mr. Burgiel has been directly involved include: Counties of Miami -Dade, Monroe, Santa Rosa, Lake and Escambia; and the Cities of Boca Raton, Marathon, Orlando and Pensacola, Florida. Nate Counsell Project Manager Rollins College Crummer Graduate School of Business: MBA, International Business/Finance 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 Operations Manager 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. 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 Copyright 0 2006, by Beck Disaster Recovery, Inc. 5-3 Jeff Schulz. RE. Permitting/GIS Mr. Schulz joined BDR's parent company, R. W. Beek, Inc. in 2004. Mr. Schulz is the Vice President of R. W. Beck's Water Resources KEY AREAS OF EXPERIENCE practice. Mr. Schulz has 19 years of experience in civil engineering - Infrastructure Engineering and consulting. 9 Hydraulic Engineering Prior to joining R. W. Beck, Mr. Schulz was employed at CH2M a Stormwater Planning HILL in Englewood, Colorado as a Senior Hydraulic Engineer,iS modeling Project Manager, and Business Development Leader specifically focused on water resources, municipal infrastructure engineering, Strategic Planning stormwater planning and design, and hydraulic engineering for Environmental Issues 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 responsible for project management, training in-house staff and clients in application of GIS technologies for engineering analysis, and providing technical marketing support in GIS for a company of over 500 engineers, architects, and planners. Jonathan Schaefer Resource Manager Florida Institute of Technology: M.S. in Systems Management University of Central Florida: M.S. in Industrial Engineering KEY AREAS OF EXPERIENCE Geneva College: B.S. in Industrial Engineering Operations Management Mr. Schaefer is the firm's Director of Operations. In this role he is Training responsible for two primary functions. First, Mr. Schaefer is responsible Logistics for seeing that the logistics of any deployment are carried out quickly, Comprehensive Program efficiently and with the necessary equipment, supplies, personnel and Management materials. 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 Construction Safety OSHA 500: 40-hour Construction Safety Outreach Trainer OSHA 40-hour HAZWOPER OSHA 7600 .Disaster Site Worker 11 OSHA 5600 Disaster Site Worker Outreach Trainer OSHA 10-hour Construction Safety 5-4 Copyright O 2006, 6y Beck Disaster Recovery, Inc. QmtALia IC0°,It,S OF KEY SNN .......... ........ ...... ......... ...... ..... .... ..... . Pete.r S1° Field Monitor Supervisor Rollins College: B.A. in International Business - Mr. Sander is a Project Field Supervisor for Beck Disaster Recovery, Inc. KEY AREAS OF EXPEERIPEINCE Mr. Sander has been directly involved in all phases of disaster recovery A Disaster Debris Management efforts, including disaster management response, debris management and Meld Monitoring monitoring, and Federal Emergency Management Agency (FEMA) n Project Staffing compliance monitoring protocol and reimbursement policies. a FEMA Cornpliance Monitoring Through his disaster recovery work, Mr. Sander has developed Multi -Agency Cooriaatior 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. 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 activities. Joy Hoyle Data Manager Rollins College Crummer Graduate School of Business: MBA, Management and Finance KEY AREAS OF EXPERIENCE Rollins College: B.A. in International Relations N Comprehensive Program Mr. Hoyle serves as BDR's Director of Field Services and is also a Vice Management President of the Company. Mr. Hoyle served as BDR's Project Operations Management Manager in assisting several of Mississippi's most affected Logistics communities recover from the effects of Hurricane Katrina. Mr. Hoyle PFIA Compliance Monitoring has significant debris management experience, having served as Project & Auditing Oversight Manager for some of the largest clean-up projects in U.S. History, This Mauler Invoice Reconciliation included assignments for Harrison County (MS), the City of Gulfport FEMA Reimbursement (MS), the City of Waveland (MS), and Escambia County (FL). Mr, Hoyle is an expert in FEMA reimbursement policies and procedures and is regularly called upon by clients for reimbursement guidance, appeals support, etc. Mr. Hoyle also has extensive knowledge and experience with day-to-day field management activities. He has vast knowledge of TDSRS siting/permitting, truck certification, collection monitoring, disposal monitoring, and data management and reimbursement. Mr. Hoyle is experienced in all aspects of disaster recovery including Right of Way debris removal, private property (ROE) programs, waterways, beaches, and abandoned vehicles/vessels. Copyright @1 2006, by Beck Disaster Recovery, Inc. 5-5 SECTION Joanne Martin Emergency Management Planning Manager University of North Carolina: B.A. in Journalism Ms. Martin is recognized nationally for her knowledge and experience KEY AREAS OF EXPERIENCE in disaster preparedness, emergency planning and continuity of Emergency Management operations planning. Having led the growth of the company's Disaster Preparedness continuity planning practice for government and business since 2001, Planning she has been involved in the development of more than 100 disaster readiness plans for state governments, local governments, non-profit Continuity of Operations organizations, colleges/universities and private sector businesses. Most Planning recently, she performed training on the statewide standards and Hazard Mitigation guidance for COOP planning for agencies of the Commonwealth of Virginia. 5-6 Copyright © 2066, by Beck Disaster Recovery, Inc. AL PW}CINS F KEY PERSONNEL Organizationalhart ROJECT ORGANIZATION Copyright 0 2006, by Beek Disaster Recovery, inc. 5-7 T$ N There are currently two outstanding litigation cases involving a debris removal contractor which was sued 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. Copyright O 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. 6-1 PRUE PROPOSAL 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 of Hourly Labor Rates for Monitoring Field Services 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 (crew monitors) $47.00 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. 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. 7-1 SEC €: Schedulle of Hou,Nys 3 1 t p t a ss9 C 1Services To the extent that the County requests Beck Disaster Recovery's assistance for other preparedness, response and recovery services as identified 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 Principal -in -Charge $175.00 Project Manager $165.00 Principal Engi nee r/AnalysVPlanner/Scientist $155.00 Procurement Specialist $150.00 Construction Manager $140.00 Senior Planner/AnalystlEngineer/Scientist $135.00 Resident Engineer $120.00 Engineer/AnalysUPlanner/Scientist $100,00 Assistant Engineer/Analyst $85.00 Construction Administrator $90.00 Specialty Inspector $85,00 Inspector $75.00 Analytical Aide $70.00 Surveyor $65.00 Clerical/Administrative $35.00 Rates are subject to annual adjustments on the anniversary date of the contract in accordance with the U.S. Consumer Price Index. bal=i %E ; n` a i Pian 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 officials, 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 BDR staff will produce superior 7-2 Copyright 0 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. PRR_'E PROPOSAL training For all Field monitors, efficient field operations management and accurate data collection. 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 will fill the following key positions and will serve to provide the County with an efficient and responsive disaster recovery operation. Staffing Plan Summary Project Ulartager - The Project Manager is responsible for the day-to-day operations of the engagement including field operations and contractual/business 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 with 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 Manager 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 monitoring. 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. Schad lerf x diter $ 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 supervisors 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. Disposal FWd Field Supervisors for disposal operations are responsible for coordinating all monitoring Supervisor activity at each of the approved Temporary Debris Storage and Reduction site locations. In this capacity, the Disposal 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. Debris Sites l mver ffi FEMA reimbursement requires that all collection vehicles are measured for volume and Monitors monitored to determine the percentage full, type of waste, etc. Debris Site/Tower Monitors are responsible for viewing inbound hurricane debris from towers at the approved TDSR locations. In addition, outbound collection vehicles are checked by Debris SitefTower Monitors to verify that collection vehicle unloading is complete. Debris Site/Tower Monitors also coordinate the handling of toad tickets that record required FEMA data (such as percentage full, type of waste, etc.). Copyright O 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 SEA "ON 7, Environmental k The Environmental Specialist has responsibility for environmental permitting, the Specialist 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. Ciflzen Site Monitors - 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, oli ctian Monitors - 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. Dtoad Ticket Enfty Analysts ' Data Analysts serve to enter load ticket and other data into Beck data tools. Data Analysts 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 quality assurance and control processes for the review and verification of field 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. Fnginer As necessary, we will provide professional engineers to ensure compliance with Florida Department of Environmental Protection (FDEP) regulations and FEMA reporting requirements. 7.4 Copyright Q 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. RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services SECTION FORM: RESPONSE FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 acknowledge receipt of Addenda No.(s) Addenda No. 1 have included: o The Submission Response Form x o Lobbying and Conflict of Interest Clause x o Non -Collusion Affidavit x o Drug Free Workplace Form x a Respondent's Insurance and Indemnification Statement x o Insurance Agent's Statement x 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 they are included.) MailingAddBeck Disaster Recovery, inc. Address; Telephone: (407) 803-5740 Signed: 800 N. Magnolia Avenue, Suite 400 Fax:(407) 803-5701 Orlando, FL 32803 _ r")nfa. 12/12/06 J&,Athan Sur iel (Name) Chief Executive Officer (Title) -31- Witness: 1 (Seal) 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 .1 Beck Disaster Recovery, Inc. (Company) " warrants that he/it has not employed, retained or otherwise had act on hisfits 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 its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the fall amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". Date: Mcember 12, 2006 STATE OF: Florida COUNTY OR orange Subscribed and sworn to (or affirmed) before me on December 12, 2006 (date) by Jonathan Burgiel (name of affiant). He/She is personally known tome or has produced Personally known identification. (type of identification) as NOTARY PUBLI My commission expires. '_—rs� 1 as � Expires 031(}gf201 -32- — RFP-.for Consultant Services, Hurricane Debris Monitoiifig and Disaster Related Services NON -COLLUSION AFFIDAVIT ( Jonathan Burgiel of the city of Orlando according to law on my oath, and under penalty of perjury, depose and say that: 1. lam 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 Related 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 affidav' I awarding coat cts far s ' project. Aecember 12, 2006 g ature of Responds ) (Date) STATE OF: Florida COUNTY OF: orange PERSONALLY APPEARED BEFORE ME, the undersigned authority, Jonathan Burgiel who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this a.zth day of December 20 06 NOTARY PUBLIC My Commission Expires: �` �p oat �cgGr Notary Public stag of Flanda f Sandra, Fajardo - . My Commission DD527184 Expires 03/19/2010 SSE RFP for Consultant 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 specked 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 polo 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 participation 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 certify that this firm complies fully with the above requirements. Res on enfs Signature December 12, 2006 Date c NOTARY PUBLIC og0$Y pc Notary Public Stare of Rond;j ? Sandra Fajardo My Commission Expires: My cor �m;ssion(5DD527184 RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services Respondent's Insurance and Indemnification Statement Insurance Requirement Worker's Compensation Employer's Liability General Liability Vehicle Liability Professional Liability Retauired Limits Statutory Limits $1000,000/$1,000,000/$1,000,000 $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit per Occurrence/$1,000,000 Aggregate $1,000,000 per occurrence $2,000,000 aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS The Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants 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 attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Consultant or any of its Subcontractor(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, servants or 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 Architect/Engineer/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 bythe Consultant, the Consultant agrees and warrants that Consultant shall 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. RESPONDENTS STATEMENT I underslrrrul the insularlue that will be mandatory if awarded the contract and will comply In full with all fire requirements. Jonathan Burgiel Respondent Sign ur -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. �s7SL�l' R ! 1 WAIll Professional Liability $250,000 Self -Insured Retention Liability policies are Occurrence X Claims ABD Insurance & Financial Services Insurance Agency Signat r Print -36- John/ Has State of Florida Department of State I certify from the records of this office that BECK RECOVERY, INC. is a corporation organized under t Washington, authorized to transact business in the State qualified on September 22, 2005. The document number of this corporation is F05000005463. DISASTER he laws of of Florida, 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 filed 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 "�;� !j. C, 66 Secretary of State Authentication ID: 400074332754-051006-F05000005463 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. www.sunbiz.org/auth.htmi 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 FHWA 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 CONSULTANT 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 Hourl 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 Damage Assessment Estimator $85.00 Schedule of hourly Labor Rates for Other Consulting Services Other Required Positions Hourly Rates Principal -in -Charge $175.00 Project Manager $165.00 Principal Engineer/Analyst/Planner Scientist $155.00 Procurement Specialist $150.00 Construction Manager $140.00 Senior Planner/Anal st/En g inee r/ScieMist $135.00 Resident Engineer $120.00 Engineer/Analyst/Planner/Scientist $100.00 Assistant Engineer / Analyst $85.00 Construction Administrator $90.00 Specialty Inspector $85.00 Inspector $75.00 Analytical Aide $70.00 Surveyor $65.00 Clerical/Administrator $35.00 Attachment C FHWA - 1273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General Page 11. Nondiscrimination ............................. 1 111. Nonsegregated Facilities ........................ 3 IV. Payment of Predetermined Minimum Wage ......... 3 V. Statements and Payrolls .......... .. 5 VI. Record of Materials, Supplies, and Labor ........... 5 VII. Subletting or Ass�gring the Contract ............... 5 VIII. Safety: Accident Prevention ..................... 6 IX. False Statements Concerning Highway Projects ...... 6 X. Implementation of Clean Air Act and Federal Water Pollution Control Act ...................... 6 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ... , . 6 XII. Certification Regarding Use of Contract Funds for Lobbying.................................... 8 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) 1. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superinten- dence and to all work performed 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 her 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 termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for A palachian contracts, when applicable, as specified in Attachment A� or b. employ convict labor for any purpose within the limits of the project unless it is labor 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. Equal Employment Opportunity: Equal employment opportu- nity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant 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 Opportu- nity Construction Contract Specifications set forth under 41 CFR 60- 4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et sew.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporatea 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 Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "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 disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the 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 responsibili- ties to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation 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 EEO Officer, covering all major aspects of the contractor's 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 imple- ment 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 Form FHWA-1273 (Rev. 3-94) Page 1 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, unless 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 contractorfor employment consider- ation. 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 proce- dures 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 followed: 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 discrimi- natory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimina- tion. Where evidence is found, the contractor will promptly take corrective action. 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, will attempt to resolve such com- plaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's workforce requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promo- tion: 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coopera- tion with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may 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 as 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 reasonable flow of minority and women referrals within the time limit set forth in the collective 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 and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, reli.9ion, sex, national origin, age or disability in the selection and retention of subcontractors, including procure- ment of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, 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 shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontrac- tor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained fora period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment 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 Form FHWA-1273 (Rev. 3-94) Page 2 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 FHWA-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 all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construc- tion 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 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, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided 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. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) Issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) 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 subcon- tractors and such laborers and mechanics. The wage determination (Including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) 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, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than 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 worked therein, provided, that the emplo er's payroll records accurately set forth the time spent in each classif cation in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classifica- tion, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifica- tion 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 determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or 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 report of the action taken shall be sent by the contracting officer to the DOL, Administratorof 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 contract- ing officer within the 30-day period that additional time is necessary. d. in the event the contractor or subcontractors, as appropri- ate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determina- tion within 30 days of receipt and so advise the contracting officer or will notify the 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. 3. Payment of Fringe Benefits: 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 benefit as stated 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, he/she 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. Form FHWA-1273 (Rev. 3-94) Page 3 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: 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 State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employ- ment 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 employ- ment 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 (expressed 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, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, with- draws 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: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed 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 associ- ated 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 receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administra- tion withdraws approval of a training program, the contractor or subcontractor will 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 to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determina- tion for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction Programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract 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 laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontrac- tor 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 part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the 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 permit- ted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: Form FHWA-1273 (Rev. 3-94) Page 4 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. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. 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 contribu- tions 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 hhours worked; deductions made; and actual wages paid. In addition, for Appala- chian 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 1(b)(2)(B) of the Davis Bacon Act, the contractorand each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that 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 of the registrafion of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall fumish, 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 Secfion IV, para- graphs 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 Superin- tendent 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 "State- ment of Compliance," signed by the contractor or subcontractor or his/her 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 correct 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 CFR 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 inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, 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 LABOR 1. 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 FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its 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 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of Form FHWA-1273 (Rev. 3-94) Page 5 a subcontractor, assignee, or agent of the prime contractor b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract require- ments, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Vlll. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surround- ings or under conditions which are unsanitary, hazardous or danger- ous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized 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 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in confor- mity 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 U.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, firm, or corporation, knowingly makes any false state- ment, 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 performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representa- tion, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representa- tion as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 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: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et sea. as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C.1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm 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. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transac- tions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary 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 deter- mined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this Form FHWA-1273 (Rev. 3-94) Page 6 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 Teams 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 transac- tion 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 entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certifica- tion Regarding Debarment, Suspension, 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 solicita- tions for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows 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 From 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 paragraph 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 otherremedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtain- ing, attempting to obtain, or performing a public (Federal, State 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, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification -Lower Tier Covered Transac- tions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. 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 depart- ment, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immedi- ate 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. d. 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 Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier 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. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certifica- tion 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. g. 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 Form FHWA-1273 (Rev. 3-94) Page 7 frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of 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 onginated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or volun- tarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by 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 Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have 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 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. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. 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. Page 8 Form FHWA-1273 (Rev. 3-94) ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance of this contract, the contractor under- taking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the 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: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. 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 numberof nonresident persons employed under this subparagraph 1 c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State Employ- ment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employ- ment 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. 3. 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. 4. If, within 1 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 contrac- tor, 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 1c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. Form FHWA-1273 (Rev. 3-94) Page 9 Attachment D 23 CFR Part 635.410 Buy America Requirements 23 CFR Part 635.410 Buy America RegUrement8 ,. 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 alternate 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)(1) 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. P L 23 CFR Part 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)(1) 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)