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HomeMy WebLinkAbout46-09 RESOLUTIONRESOLUTION NO. 46-09 A RESOLUTION TO APPROVE AN AGREEMENT FOR STORM DEBRIS MONITORING SERVICES WITH SOLID RESOURCES, INC. IN THE AMOUNT OF $483,690.00, PLUS A CONTINGENCY IN THE AMOUNT OF $96,914.00 WHEREAS, the City of Fayetteville solicited Requests for Proposals for Storm Debris Monitoring Services as required by the Federal Emergency Management Administration (FEMA); and WHEREAS, a Selection Committee including an alderman and numerous city staff painstakingly reviewed several applicants and eventually voted by an approved rating system to select Solid Resources, Inc. as the most qualified, capable, and affordable applicant to best supply Storm Debris Monitoring Services for the citizens of Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the selection of Solid Resources, Inc. for Storm Debris Monitoring Services for the City of Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the Agreement For Storm Debris Monitoring Services (attached as Exhibit "A") with Solid Resources, Inc. in the amount of $483,690, plus a contingency of $96,914.00. PASSED and APPROVED this 18th day of February, 2009. APPROVED ELD J AN, Mayor ATTEST: 4., . • • • • • • . 4*.A. •'cjiTY 0,4-* • • •P : • rc,S •-xls _ . • -_-_ = :FAYETTEVILLE: T.; -?•.▪ -crp, 1,• 4;41-7 ; () 44444 mod, 444444 By:aj,i,A1)-6) NAfie SO D E. SMITH, City Clerk/Treasurer AGREEMENT For STORM DEBRIS MONITORING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And SOLID RESOURCES, INC.. THIS AGREEMENT is made as of February 8 , 2009, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and SOLID RESOURCES, INC. (hereinafter called SOLID RESOURCES, INC.). CITY OF FAYETTEVILLE is in need of Debris Management and Monitoring Services for its Right of Way debris removal. Contract responsibilities include but are not limited to monitoring vegetative storm debris removal and tree trimming & removal within public lands and rights of way, and debris disposal site monitoring. Therefore, CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. in consideration of their mutual covenants agree as follows: SOLID RESOURCES, INC. shall serve as CITY OF FAYETTEVILLE's monitoring consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of SOLID RESOURCES, INC.'s services. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of SOLID RESOURCES, INC. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of SOLID RESOURCES, INC. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. S1ormDebrisMonitoringServicesContractFeb09 1 2/18/2009 SECTION 2- BASIC SERVICES OF SOLID RESOURCES, INC. 2.1 Provide Fixed Site Debris Monitors and Field Debris Monitors and Debris Monitoring Supervision and Management to assist the City of Fayetteville with ice storm debris removal services. SOLID RESOURCES, INC. will provide: 2.2 Fixed Site Debris Monitors SOLID RESOURCES, INC. will provide trained personnel to oversee the inspection of the disposal or unloading sites by providing the monitoring, verification of load capacity, and documentation at designated temporary disposal sites. Services include: 2.2.1 Provide trained disposal site monitor and inspection personnel 2.2.2 Complete record of contract haulers' cubic yardage and other record keeping as may be needed on the provided load ticket 2.2.3 Initial each load ticket before permitting truck to proceed from the check-in area to the tipping area 2.2.4 Remain in contact with debris management/dispatch center or supervisor 2.2.5 Perform other duties as directed by the dispatch/staging operation, debris management project manager, or designated City personnel 2.2.6 Accurately measure load hauling compartments and accurately compute volume capacity in cubic yards. Document and record measurements and computations 2.3 Field Debris Monitors SOLID RESOURCES, INC. will perform roving on-site, street -level work area inspections of debris cleanup and collection. SOLID RESOURCES, INC. will provide loading site (field) monitors to inspect and control debris collection utilizing manifest load tickets. Services include: 2.3.1 Provide field monitor personnel at designated areas to check and verify information on debris removal. 2.3.2 Monitor collection activity of trucks. SiormDebrisMonitoringServicesCont1actFeb09 2 2/18/2009 2.3.3 Issue manifest load tickets at loading site for each load. 2.3.4 Check the area for safety considerations such as — downed power lines, children playing in area, meeting traffic control needs, safe operation of trucks and equipment. 2.3.5 Ensure only eligible ice storm related vegetative (trees, limbs, and brush) debris is collected. No non -vegetative debris is authorized to be collected. No non -ice storm damage related debris is authorized to be collected 2.3.6 Perform a pre -work inspection of areas to check debris piles to identify covered utility meters, transformers, fire hydrants, mail boxes, etc. to help prevent damage from loading equipment and to look for potential problems. 2.3.7 Should damages occur to utility components, driveways, road surfaces, private property, vehicles, etc., document the damage with photos. If possible, collect information about owner, circumstances of the damage (who, what, when, where) and report to your supervisor. 2.3.8 Ensure the work area is clear of debris to the specified level before equipment moves to a new loading area. 2.3.9 Accurately measure load hauling compartments and accurately compute volume capacity in cubic yards. Document and record measurements and computations. 2.3.10 Properly monitor and record performance and productivity of debris removal crew. 2.3.11 Remain in constant contact with debris management/dispatch center or supervisor. 2.3.12 Ensure that loads are contained properly before leaving the loading area. 2.3.13 Ensure only eligible debris is collected for loading and hauling. 2.3.14 Ensure only debris from approved public areas is loaded for removal. 2.3.15 Perform other duties from time to time as directed by the debris management project manager or designated City debris management personnel. StormDcbrisMonitoringServicesContraciFeb09 3 2/18/2009 2.4 Senior Technician/Field Supervisor/Emergency Operations Manager SOLID RESOURCES, INC. will provide project management to oversee debris monitoring activities in the field. Services will include: 2.4.1 Oversight and Supervision of Monitor field activity. 2.4.2 Scheduling of Monitoring resources and deployment timing. 2.4.3 Communication and coordination with City personnel. 2.4.4 Make suggestions to improve the efficiency of collection and removal of debris. 2.4.5 Coordinate daily activities and future planning. 2.4.6 Remain in contact with debris management/dispatch center or supervisor. 2.4.7 Identify, address, and troubleshoot any questions or problems that could impact work area safety and eligibility. 2.4.8 Accurately measure load hauling compartments and accurately compute volume capacity in cubic yards. Document and record measurements and computations. Document truck hauling compartment condition using digital photographs. Prepare a master log book of all hauling equipment used by the City's debris removal SOLID RESOURCES, INC.. 2.4.9 Compile, reconcile and document daily in an electronic spreadsheet format all eligible debris hauled by the City of Fayetteville's debris removal SOLID RESOURCES, INC.. SECTION 3 - ADDITIONAL SERVICES OF SOLID RESOURCES. INC. 3.1 General If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in writing by SOLID RESOURCES, INC., SOLID RESOURCES, INC. shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary Basic Services. The scope of Additional Services may include: StormDebrisMonitoringServicesContractFeb09 4 2/18/2009 3.1.1 Administrative Assistance Provide Contract and Project administration to the degree authorized by CITY OF FAYETTEVILLE. 3.1.2 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or other proceeding involving the Project. 3.1.3 Extra Services 3.1.3.1 Services not specifically defined heretofore that may be authorized by CITY OF FAYETTEVILLE. 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond SOLID RESOURCES, INC.'s control, SOLID RESOURCES, INC. shall notify CITY OF FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems that such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written notice to SOLID RESOURCES, INC. If CITY OF FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional Services are not required, SOLID RESOURCES, INC. shall have no obligation to provide those services. SECTION 4- RESPONSIBILITIES OF CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of SOLID RESOURCES, INC.. 4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 4.2 Assist SOLID RESOURCES, INC. by placing at SOLID RESOURCES, INC.'s disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. StormnebrisMonitoringScrvicesContracireb09 5 2/18/2009 4.3 Guarantee access to and make all provisions for SOLID RESOURCES, INC. to enter upon public and private property as required for SOLID RESOURCES, INC. to perfortn his services under this Agreement. 4.4 Examine all proposals, and other documents presented by SOLID RESOURCES, INC. and render in writing decisions pertaining thereto. 4.5 The Transportation Manager and the Water & Wastewater Director are the CITY OF FAYETTEVILLE's project representatives with respect to the services to be performed under this Agreement. The Transportation Manager and the Water & Wastewater Director shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 4.6 Give prompt written notice to SOLID RESOURCES, INC. whenever CITY OF FAYETTEVILLE observes or otherwise becomes aware of any defect in the Project. 4.7 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Pay directly to the governmental authorities the actual filing and permit fees. 4.8 Pay for placement of legal notices and advertisements in newspapers or other publications required by the Project. 4.9 Furnish, or direct SOLID RESOURCES, INC. to provide, necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. • 4.10 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to SOLID RESOURCES, INC. in a timely manner. SECTION 5- PERIOD OF SERVICE 5.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. SOLID StormDebrisMonitoringServicesContractFeb09 6 2/18/2009 RESOURCES, INC. will proceed with providing the authorized services immediately upon receipt of written authorization from CTTY QF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. SECTION 6- PAYMENTS TO SOLID RESOURCES, INC. 6.1 Compensation 6.1.1 Storm Debris Monitoring Services The maximum not -to -exceed amount authorized for this Agreement is $ t...17, 90 00 The CITY OF FAYETFEVILLE shall compensate SOLID RESOURCES, INC. based on a Unit Price basis as described in Appendix A. 6.1.1.1 Subject to the City Council approval, adjustment of the not -to -exceed amount may be made should SOLID RESOURCES, INC. establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. 6.1_1.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Design services consistent with SOLID RESOURCES, INC.'s normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by SOLED RESOURCES, INC. and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project design schedule as the basis for determining the value earned as the work is accomplished. Final payment for Design services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Design phase for the Project. SionnDebrisMonitoringServicesContractFeb09 7 2/18/2009 6.1.2 Additional Services For authorized Additional engineering services under Section 3, "Additional Services", compensation to SOLID RESOURCES, INC. shall be negotiated at the time Additional services are authorized. 6.2 Statements Statements and progress reports for each calendar month will be submitted to CITY OF FAYETTEVILLE. Statements will be based on SOLID RESOURCES, INC.'s actual cost plus fixed fee amount and justified by the updated progress schedule. 6.3 Payments All statements are payable upon receipt and due within thirty (30) days. If a portion of SOLID RESOURCES, 1NC.'s statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise SOLID RESOURCES, INC. in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 6.4 Final Payment Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, SOLID RESOURCES, INC. shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by SOLID RESOURCES, INC. to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against SOLID RESOURCES, INC. or his sureties under this Agreement or applicable performance and payment bonds, if any. StoranDebrisMonitoringScrvicesContractFeb09 8 2/18/2009 SECTION 7- GENERAL CONSIDERATIONS 7.1 Insurance 7.1.1 During the course of performance of these services, SOLID RESOURCES, INC. will maintain (in United States Dollars) the following minimum insurance coverages: Tyne of Coverage Limits of Liability Workers' Compensation Statutory Employers' Liability $500,000 Each Accident Commercial General Liability Bodily Injury and Property Damage $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Automobile Liability: Bodily Injury and Property Damage $500,000 Each Occurrence $1,000,000 Annual Aggregate SOLID RESOURCES, INC. will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 7.1.2 Debris Removal SOLID RESOURCES, INC.s shall be required to provide (or CITY OF FAYETTEVILLE may provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a Named Insured and SOLID RESOURCES, INC. as additional insureds, or, to endorse CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. as additional insured on construction SOLID RESOURCES, INC.'s liability insurance policies covering claims for personal injuries and property damage. Construction SOLID RESOURCES, INC.s shall be required to provide certificates evidencing such insurance to CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. 7.1.3 CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of SOLID RESOURCES, INC.'s services. If the services result in a Construction Phase, a provision similar to this shall be incorporated into all Construction Contracts entered into by CITY OF FAYETTEVILLE, and all construction SOLID RESOURCES, INC.s shall be required to provide waivers of subrogation in favor of CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. for damage or liability covered by any construction SOLID RESOURCES, INC.'s policy of insurance. StormOehrisMonituringServicesCon1ractFeb09 9 2/18/2009 7.2 Professional Responsibility 7.2.1 SOLID RESOURCES, INC. will exercise reasonable skill, care, and diligence in the performance of SOLID RESOURCES, INC.'s services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to SOLID RESOURCES, INC. any defects or suspected defects in SOLID RESOURCES, INC.'s services of which CITY OF FAYETTEVILLE becomes aware, so that SOLID RESOURCES, INC. can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. further agree to impose a similar notification requirement on all construction SOLID RESOURCES, INC.s. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of SOLID RESOURCES, INC. 7.2.2 In addition, SOLID RESOURCES, INC. will be responsible to CITY OF FAYETTEVILLE for damages caused by its negligent conduct during its activities at the Project Site to the extent covered by SOLID RESOURCES, INC.'s Commercial General Liability and Automobile Liability Insurance policies as specified in Paragraph 7.1.1. 7.3 Changes CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of SOLID RESOURCES, INC.'s services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the President or any Vice President of SOLID RESOURCES, INC. 7.4 Termination 7.4.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 7.4.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.4.1.2 An opportunity for consultation with the terminating party prior to termination. StormnebrisMon itoringServicesContractFeb09 10 2/18/2009 7.4.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that SOLID RESOURCES, ThC. is given: 7.4.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.4.2.2 An opportunity for consultation with the terminating party prior to termination. 7.4.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.4.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 7.4.3.2 Any payment due to SOLID RESOURCES, INC. at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of SOLID RESOURCES, INC.'s default. 7.4.4 If termination for default is effected by SOLID RESOURCES, INC., or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to SOLID RESOURCES, INC. for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by SOLID RESOURCES, INC. relating to commitments which had become firm prior to the termination. 7.4.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, SOLID RESOURCES, INC. shall: 7.4.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 7.4.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by SOLID RESOURCES, INC. in performing this Agreement, whether completed or in process. 7.4.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. StormDebrisMoniioringServicesContractFeb09 11 2118/2009 7.4.7 If, after termination for failure of SOLID RESOURCES, INC. to fulfill contractual obligations, it is determined that SOLID RESOURCES, INC. had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of this clause. 7.5 Delays In the event the services of SOLID RESOURCES, INC. are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond SOLID RESOURCES, INC.'s reasonable control, SOLID RESOURCES, INC. shall be entitled to additional compensation and time for reasonable costs incurred by SOLID RESOURCES, INC. in temporarily closing down or delaying the Project. 7.6 Rights and Benefits SOLID RESOURCES, INC.'s services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 7.7 Dispute Resolution 7.7.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or SOLID RESOURCES, INC. in the performance of this Agreement, and disputes concerning payment. 7.7.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 7:8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied with. S1ormDebrisMonitoringServicesContractFcb09 12 2/18f2009 7.7.3 Notice of Dispute 7.7.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 7.7.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give SOLID RESOURCES, INC. written Notice at the address listed in Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 7.7.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of SOLID RESOURCES, INC. and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 7.8 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to SOLID RESOURCES, INC. for services rendered by SOLID RESOURCES, INC. 7.9 Publications Recognizing the importance of professional development on the part of SOLID RESOURCES, INC.'s employees and the importance of SOLID RESOURCES, INC.'s public relations, SOLID RESOURCES, INC. may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to SOLID RESOURCES, INC.'s services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETFEVILLE's comments to SOLID RESOURCES, INC. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information • from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably StormDebrisMonitoringServicesContractFcb09 13 2118/2009 withhold approval. The cost of SOLID RESOURCES, INC.'s activities pertaining to any such publication shall be for SOLID RESOURCES, INC.'s account. 7.10 Indemnification 7.10.1 CITY OF FAYETTEVILLE agrees that it will require all construction SOLID RESOURCES, INC.s to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the SOLID RESOURCES, 1NC.s, or their employees, agents, SubSOLID RESOURCES, INC.s, and Suppliers. 7.11 Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYE1TEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 SOLID RESOURCES, 1NC.'s address: 2201 Cantu Court, Suite 119 Sarasota, FL 34232-6254 7.12 Successor and Assigns CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor SOLID RESOURCES, INC. shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 7.13 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. StonnDettrisMonitoringServicesContractFeb09 14 2/18/2009 7.14 Entire Agreement This Agreement represents the entire Agreement between SOLID RESOURCES, INC. and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to SOLID RESOURCES, INC. a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by SOLID RESOURCES, INC., shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. 7.15 Request for Proposal The Request for Proposal for Storm Debris Monitoring Services is attached as Appendix B. SECTION 8- SPECIAL CONDITIONS 8.1 Additional Responsibilities of SOLID RESOURCES, INC. 8.1.1 CITY OF FAYETTEVILLE's, review, approval, or acceptance of reports and other services furnished hereunder shall not in any way relieve SOLID RESOURCES, INC. of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 8.1.2 SOLID RESOURCES, INC. shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by SOLID RESOURCES, 1NC.'s negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 8.1.3 SOLID RESOURCES, INC.'s obligations under this clause are in addition to SOLID RESOURCES, 1NC.'s other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against SOLID RESOURCES, INC. for faulty materials, equipment, or work. Storm1)cbrisMonitoringServicesContractFeb09 15 2/18/2009 8.2 Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 8.3 Audit: Access to Records 8.3.1 SOLID RESOURCES, INC. shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. SOLID RESOURCES, INC. shall also maintain the financial information and data used by SOLID RESOURCES, INC. in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. SOLID RESOURCES, INC. will provide proper facilities for such access and inspection. 8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until five years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until five years after the date of resolution of such appeal, litigation, claim or exception. 8.3.3 This right of access clause (with respect to financial records) applies to: 8.3.3.1 Negotiated prime agreements: 8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not SlonnDebrisIVIon iloringServicesContractFeb09 16 2/18/2009 apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of SOLID RESOURCES, INC.; 8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 8.3.3.3.3 If the subagreement is terminated for default or for convenience. 8.4 Covenant Against Contingent Fees SOLID RESOURCES, INC. warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by SOLID RESOURCES, INC. for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8.5 Gratuities 8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that SOLID RESOURCES, INC. or any of SOLID RESOURCES, INC.'s agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to SOLID RESOURCES, INC. terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against SOLID RESOURCES, INC. as it could pursue in the event of a breach of the Agreement by SOLID RESOURCES, INC. As a StormElebrisMonitoringServicesContractFeb09 17 2/18/2009 penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs SOLID RESOURCES, INC. incurs in providing any such gratuities to any such officer or employee. 8.6 Arkansas Freedom of Information Act City contracts and documents, including internal documents and documents of subSOLID RESOURCES, INC.s and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, SOLID RESOURCES, INC, will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. StormDebrisMonitoringServicesContractFe609 18 2/18/2009 9F0-4, 'At° -zy, IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and SOLID.RESOURCES, INC. . , by its Authorized officer have made and executed -this Agreement as of the day and year first above written. CITY OF FA TTEVILL ARKANSAS •,•,`V‘1.1'ClTRII:i.‘, -;"' ollii111111,,,,,, ()\.', • .-Cv",-;' O'3&#'.• :::•.,s., . r \ 1 . L.),C •.41.1. By: :2, • •fsINS• zi, • N-1 0 • • 1311 . .0 I : FAYETTEVILLE : I - • .t. ..e. „.•:V -, ',,,,"' ./A, iG TO "itiiiiiii kkkkkk ATTEST: By: yor Lione dan, Olia4) City Clerk SOLID RESOURCES, INC. By: Title: ATTEST:' By: 405,0e -we -7-, Title: if;c49 b-es.l'den Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. END OF AGREEMENT FOR STORM DEBRIS MONITORING SERVICES StarrtillebrisMonitoringServicesContracffeb09 19 2/18/2009 7N WITNESS WHEREOF, CITY OF FAYE "I'EVILLE, ARKANSAS by and through its Mayor, and SOLID. RESOURCES: INC. by its authorized officer have made and executed this Agreement as of the day and•year: °first above written. .O.TY Of FA MLLE NSAS 1111141F1T11ff/�� c FAYETTEVILLE: = ATTEST: iKAN5P�J=:� E' yj • .. - •GO City Clerk, -- SOLID RESOURCES INC. Tittle: r, PQES_D�'!✓__ ATTEST: By:. Title: l{ S Changes, modifications or amendments in scope, price or fees to this, Contract shall not be allowed without formal contract amendment,approvedbythe Mayor and the ify Council in advance of the change in -scope, cost, fees, or delivery schedule. END OF AGREE NT FOR STORM DEBRIS MONITORING SERVICES StormDebri$Mon tarin&ServiccSCont2ztFebo9 .19 2/18/2009 Estimate of hours by position to monitor removal of 420,000 cubic yards of debris: Hourly Estimated # Item Position Hours Rates Required Fixed Site/Tower Debris Monitors z, 160 a`: $34.00 art; $73,440.00 2 Field Debris Monitors/Truck Certified 9, 000 $34 . 00 �. 306 000.00 3` Senior Technician / Field Supervisor ! ? F Emergency Operation Manager 1, 0806 r $60.00 $64 , 800.00 4 Clerical/Data Ent /Communications 720 , $25.00 1 � $18, 000.00 5 Project Manager 3 330 n' $65.00 $21,450.00 Total Cost $483,690.00 Estimated number of hours for clerical/data entry for removal of 420,000 cubic yards: 720 Estimate of any additional anticipated expenses: All hourly rates are fully burdened. An explanation of any additional anticipated expenses must be included in the proposal. The undersigned Proposer proposes and agrees, if this Proposal is accepted, to enter into an Agreement with CITY OF FAYETTEVILLE in the form included in these Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract 'Fire indicated in these Contract Documents. Proposer accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work in the Contract Time specified. Proposer accepts all of the terms and conditions of the Information for Proposers, including without limitation those dealing with the disposition of PROPOSAL SECURITY. This PROPOSAL will remain open for sixty (60) days after the day of PROPOSAL Opening. Proposer will sign the Agreement required by these Contract Documents within ten (10) days after the date of CITY OF FAYETTEVILLE'S Notice of Award. In submission of this PROPOSAL, Proposer represents, as more fully set forth in the Agreement, that Proposer has examined all CONTRACT DOCUMENTS (including but not limited to Advertisement, invitation to Propose and the Information for Proposers) and the following ADDENDA: Addendum 1, Addendum 2 and Addendum 3 00310. doc 2 Comments: City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 2/18/2009 City Council Meeting Date Agenda Items Only Don Marr Administration Submitted By Division $ 580,690.00 $ Cost of this request Category / Project Budget 4270 9280 5314 00 $ Account Number Funds Used to Date 09010/0901 $ Project Number Remaining Balance Budgeted Item F1 Budget Adjustment Attached Administration Department storm Program Category / Project Name Program / Project Category Name Fund Name Previous Ordinance or Resolution # Department Director Date Original Contract Date: Original Contract Number: City Attor Date 'T per. 0t 2 Finance and Internal Services Director Date Received in City Clerk's Office �E�F Date Received in !� ` Mayor's Office ate Revised January 15, 2009 aye re -Vi le wnxrns..s CITY COUNCIL AGENDA MEMO To: Fayetteville City Council Mayor Lioneld Jordan From: Don Marr, Chief of Staff Date: 18 February, 2009 City Council Meeting of 18 February 2009 Subject: Approval of a contract with Solid Resources, Inc. in the amount of $483,690 for ice storm debris removal monitoring, and approve a 20% contingency of $97,000. RECOMMENDATION City Administration recommends approval of a contract with Solid Resources, Inc in the amount of $483,690 for ice storm debris removal monitoring, and approve a 20% contingency of $97,000. BACKGROUND This contract provides for the FEMA required monitoring and overwatch of the contractors who will be conducting the actual debris removal throughout the City of Fayetteville. The debris monitors act as the quality control/quality assurance inspectors who validate every load of debris at the point of pick up as well as every load delivered to the debris disposal site. DISCTJSSTON The City received eight proposals 17 February, 2009. The selection committee reviewed all proposals, developed a short list, and interviewed four proposers. The selection criteria were: 1.) Qualifications in relation to scope of work = 25% 2.) Experience, competence, & capacity for performance = 25% 3.) Proposed method of doing work = 15% 4.) Past performance = 15% 5.) Price= 20% The committee identified proposers who excelled in the first four criteria, and then incorporated price into the selection. The number of hours that the debris monitor will work is not under their control. Neel Schaffer $ 953,400.00 Camp Dresser McKee $ 952,000.00 Beck Disaster Recovery $ 1,031,100.00 Solid Resources Inc. $ 483,690.00 Their effort is a direct result of the work methods used by the debris removal contractors. The contractor must observe all vehicles being filled with debris and all loads delivered to the debris collection site. In order to ensure equality when evaluating price, we compared the proposers using a standard set of estimated hours. Using those numbers, estimated costs are below. This uncertainty is why staff recommends the contingency for this contract be much larger than normal. BUDGET IMPACT The funding package is being developed separately. siteMonitoringCCMemo 18 Feb09 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Selection Committee FROM: Kit Williams, City Attorney DATE: February 18, 2009 RE: FEMA debris removal contract LI GAL DEPARTMENT I have reviewed the Proposed Agreement For Storm Debris Monitoring Services. I do not believe the City should provide "such professional legal, accounting, financial and insurance counseling services as may be required for the Project." (Paragraph 4.5.) Certainly we will provide those services for ourselves as the City, but this language might be interpreted as requiring the City to furnish those services to the contractor. This would be a bad idea fraught with potential liability. l recommend deletion of ¶ 4.5. Other than that, the contract appears okay. I have also reviewed the Project Manual For Storm Debris Services. In the Request for Proposals section, I have a few comments/questions. Paragraph 6.8. states "All debris shall be mechanically loaded and reasonably compacted. Hand loading is not permitted ...." Although the vast majority of debris should be mechanically loaded, final clean up to meet the requirements of the contract would appear to require some hands on work. I do not see the requirement of no hand -loading since we are paying by the unit rather than by the hour. Paragraph 16.2.4. states: "The Contract may be terminated," buthas no. explanation of when or why this should occur. Of course 1 19.1. says "This contract may be terminated at any time for the convenience (no reason needed) of the City of Fayetteville." Other than those minor items, this contract looks appropriate and proper to me. RESOLUTION NO. A RESOLUTION TO APPROVE AN AGREEMENT FOR STORM DEBRIS MONITORING SERVICES WITH SOLID RESOURCES, INC. IN THE AMOUNT OF $483,690.00. PLUS A CONTINGENCY IN THE AMOUNT OF $96,914.00 WHEREAS, the City of Fayetteville solicited Requests for Proposals for Storm Debris Monitoring Services as required by the Federal Emergency Management Administration (FEMA); and WHEREAS, a Selection Committee including an alderman and numerous city staff painstakingly reviewed several applicants and eventually voted by an approved rating system to select Solid Resources. Inc. as the most qualified, capable, and affordable applicant to best supply Storm Debris Monitoring Services for the citizens of Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That t:he City Council of the City of Fayetteville. Arkansas hereby approves the selection of Solid Resources. Inc. for Storm Debris Monitoring Services for the City of Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the AgreementFor Storm Debris Monitoring Services (attached as Exhibit "A") with Solid Resources, Inc. in the amount of $483;690, plus a contingency of $96,914.00. PASSED and APPROVED this I81" day of February, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN. Mayor SONDRA E. SMITH, City Clerk/Treasurer {2.24.09) Clarice Pearman - Re: originals of contracts with signatures Page 1 From: David Jurgens To: Foren, Andrea; Johnson, Lori Date: 2.20.09 8:15 AM Subject: Re: originals of contracts with signatures CC: Gulley, Terry; Pearman, Clarice; Smith, Sondra All, Both contractors were already informed and stated their intent to have originals sent via overnight delivery to arrive either Thursday afternoon or Friday. David >>> Andrea Foren 2/19/2009 11:52 am >>> Lori, When possible, we need to get an original mailed to us from both contractors for the City Clerk's files. Normally we don't have the Mayor sign a copy of a signature. The City Clerk's Office can swap the copy out with the original when it gets here. Thanks, Andrea Andrea Foren, CPPB City of Fayetteville, Purchasing Agent 113 W. Mountain Fayetteville, AR 72701 Phone: (479) 575-8220 aforen@ci, fayetteville.ar.us www.accessfayettevillepr ( http:I/www.accessfayetteville.org/ ) PPlease consider the environment before printing my e-mail "Life is not about waiting for the storm to pass, it's about learning to dance in the rain Page 1 of 1 Clarice Pearman - Res. 46-09 & 47-09 I - From: To: Date: Subject: CC: Attachments: Clarice Pearman Marr, Don 2.19.09 3:05 PM Res. 46-09 & 47-09 Audit Audit Don: Attached is a copy of the above resolutions passed by City Council during the special meeting held February 18, 2009 regarding the Solid Resources, Inc. and DRC Emergency Services. Please let me know if there is anything needed for this item. Have a good day. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City ClerklTreasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us file: //C :1Documents%20and%2OSettings\cpearman.0001Local%20 Settings\Temp\XPgrpwise1499D7531 FA... 2.19.09 ri FEMA `1�nM`v v US Department of transportation Federal Highway AdmWstratlon D MRCS [:J US Army Corps Engineers Prepared for THE CITY OF FAYETTEVILLE, ARKANSAS February 17, 2009 2:00 p.m. CST y � 1. . ARKANSAS Prepared by: SOLID 4D RESOURCES INC LN', I ONNIE TAL & EMrxtI Siiz\ iuv A wholly -owned subsidiary of 6O13RIENS REs eE Manu rv1 r rr Comprehensive assistance with FEMA, FHWA, NRCS and USACE related disaster reimbursement funding projects Submit this notarized Statement of Proposer's Qualifications to the City of Fayetteville. Qualifications shall be submitted in a separate sealed envelope at the date and time listed on the Proposal. Solid Resources, Inc. (Name of Proposer) By: GaryJ. Stankovich Title: President State of Florida County of Sarasota Gary J. Stan kovich being duly sworn deposes and says that he is of Solid Resources, Inc. President and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this 13th day of February , 20 09 00420.doc NOTARY PUBLIC -STATE OF FLOMA \wo ji±o ,,,.'..,, Vanessa Gatto Commission #DD592056 Notary Public \.•' Expires: SEP. 05, 2010 BONDED THRU ATLAAMC BONDING CO., INC. My Commission expires September 5 , 2009. END OF SECTION 0O420 t, 1 c: STATEMENT OF PROPOSER'S QUALIFICATIONS Solid Resources, Inc. (SRI) was formed as a family -owned business in 1992, providing environmental and emer- gency services for clients throughout the southeastern United States. The firm was incorporated in the State of Florida in 2000, and has been engaged in the emergency management contracting business for over eighteen years. The corporate office is located at 2201 Cantu Court, Suite 119, Sarasota, Florida 34232-6254 and the firm also maintains a fully -equipped field office in Miami, Florida. Solid Resources, Inc. is currently in the final stage of completing a contract for the Louisiana Department of Transportation and Development following Hurricane Gustav and Ike, with an anticipated completion date of February, 2009. The estimated value of this contract is I5 million dollars. SRI has just initiated a contract with the City of Rogers, Arkansas to assist with their Debris Removal Monitor- ing Services project following the January 2009 ice storm. The anticipated completion date for this contract is April 2009. The estimated value for this contract is 800 thousand dollars. The firm has also entered into pre - event debris monitoring contracts with other governmental clients throughout the United States. The services that SRI provides include disaster debris monitoring and management, Public Assistance Technical support and emergency management training. Solid Resources, Inc. has never failed to complete any work that was awarded to the firm and has never de- faulted on a contract since it was formed in 1992. The size and magnitude of similar projects completed by SRI are provided in Tab 2, Firm Experience and Past Performance. SRI has critical supplies, materials and equipment (2,000 Garmin eTrex Legend GPS receivers and 2,000 Kodak Easy Share digital cameras with 2G memory cards) packaged and ready for deployment to a disaster site with limited notice; as we have learned from our extensive disaster response experience how to rapidly and efficiently mobilize our teams, and we take pride in our response preparedness. The background and experience of the principal officers of the firm and the Disaster Debris Management Team that will support the City of Fayetteville's Storm Debris Monitoring Services projects are provided in Tab 7, Ad- denda and Appendices. Solid Resources, Inc. will, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Fayetteville. Solid Resources, Inc. will use the bonding agent Roanoke Trading and Navigators. Our bonding limit is $5,000,000.00. SRI does not intend to utilize any subcontractors in order to provide the Storm Debris Monitoring Services pro- ject for the City of Fayetteville. Sol_m ®RESOURCES INC. Corporate Headquarters 2201 Cantu Court Suite 119 Sarasota, Florida 34232 Phone: 941-379-8100 Fax: 941-379-8113 Field Office 6505 Blue Lagoon Drive Suite 435 Miami, Florida 33126 Phone: 786-662-3144 Fax: 786-662-3147 www.solid-resources.com ©2009 Solid Resources Inc., All rights reserved. !J / - ARKANSAS IREQUEST FOR PROPOSAL COVER SHEET City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: (479) 575-8220 REQUEST FOR PROPOSAL: RFP 09-05, Storm Debris Monitoring Services DEADLINE: Tuesday, February 17, 2009 at 11:00 AM, Central Standard Time DELIVERY LOCATION: Room 306 --113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPB, aforen a(ci.fayetteville.ar.us, 479.575.8220 DATE OF ISSUE AND ADVERTISEMENT: February 11, 2009 & February 15, 2009 REQUEST FOR PROPOSAL RFP 09-05, Storm Debris Monitoring Services ** NOTICE: TO BE ADDED TO THE PLANHOLDERS LIST FOR NOTIFICATION OF ADDENDA FOR THIS PROJECT, E-MAIL YOUR CONTACT INFORMATION TO ANDREA FOREN @ aforen@cl.fayeffeville.ar.us *'`* No late proposals will be accepted. REP'S shall be submitted in sealed envelopes labeled 'RFP 09-05, Storm Debris Monitoring Services" with the name and address of the Proposer. RFP's shall be submitted in accordance with the attached City of Fayetteville specifications and RFP documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Solid Resources, Inc. Contact Person: Gary J. Stankovich Title: President E -Mail: gstankovich@solid-resources.com Phone: (941) 379-8100 Business Address: 2201 Cantu Court, Suite 119 City: Sarasota State: Florida Zip: 34232-6254 Signature: Date: February 13, 2009 4 • • • • THE CITY OF FAYETTEVILLE, ARKANSAS • • • Request for Proposals 09-05 • ! for • • Storm Debris Monitoring Services • • • TABLE OF CONTENTS Tab Page • Executive Summary I • • Qualifications of the Firm 4 • © Firm Experience and Past Performance 7 • • 4 Staffing 12 • © Project Approach 17 • • Required Documents 24 ! Cost Proposal 31 Addenda and Appendices 33 • • • • •• •• • • Executive Summary • Solid Resources, Inc. (SRI) was established in 1992 as a family -owned business to provide environmental and emergency management consulting services. The O firm currently has two fully equipped and staffed offices located in Sarasota and • Miami, Florida. • The firm was incorporated in the State of Florida on July 7, 2000. Solid Re- • sources, Inc. is a wholly -owned and independent subsidiary of O'BRIEN'S Re- • sponse Management, Inc.; which is a wholly -owned subsidiary of SEACOR Holdings, Inc., a publicly traded U.S. corporation providing worldwide support • services to the offshore oil industry. To complete the services requested by the O City, Solid Resources, Inc. will not be utilizing any subcontractors nor any re- • sources of the parent company. • i • S i € SRI's Disaster Debris Manage- ment Team has combined ex- perience of more than 100 disas- ter projects, including: Since the early 1990's, Solid Resources, Inc. (SRI) has expanded and specialized in worldwide environmental and emergency cleanups, disaster debris monitor- ■Hurricane Andrew ing, Public Assistance technical support, grant administration and governmental accounting and auditing services. The company has expanded rapidly during the = •Hurricane Floyd past eight years and has cultivated a proven record of accomplishment for quick ■Hurricane Erin and effective emergency response to complex and catastrophic disasters. At the same time, Solid Resources, Inc. has strengthened our Federal programs exper- tise regarding disaster debris management and financial reimbursements with the following agencies: • Department of Homeland Security • Federal Emergency Management Agency • Federal Highways Administration • Department of Housing and Urban Development • U. S. Department of Agriculture, Natural Resources Conservation Service ■ U. S. Environmental Protection Agency Solid Resources, Inc. developed its superior post -disaster debris management and monitoring capabilities by managing and monitoring the removal, reduction and disposal of more than $900 million of eligible disaster- related debris in Florida, Georgia, Louisiana, Oklahoma, and Texas. Our experienced staff have written, reviewed, entered and/or approved more than 1 million load tickets. SRI has provided ail of our clients with excellent service by utilizing our own highly trained and experienced management and supervisory staff, and delivering the highest levels of customer service to each and every client. SRI maintains a roster of over 2,200 experienced and trained disaster debris management and monitoring professionals who are available for immediate de- ployment. When responding to and recovering from a disaster supported by the SRI Disaster Debris Management Team, the City of Fayetteville will know that it is receiving the best disaster management and recovery services available; pro vided by a company that is not over -obligated and dedicated to making the City of Fayetteville' needs its priority. We have developed a team with a superior working knowledge of the funding guidelines for FEMA, FHWA, USACE and NRCS reimbursement programs. ■Hurricane George ■Hurricane Opal ■Hurricane Charley ■Hurricane Frances ■Hurricane Jeanne ■Hurricane Ivan • ■Super Typhoon Paka ■Storm of the Century ■Northridge Earthquake ■North Florida Wild Fires •Hurricane Lili ■T.S. Gabrielle ■Hurricane Isabel ■S.E. Asia Earthquake ■Tsunami. (Indonesia) ■Hurricane Dennis ■Hurricane Katrina ■Hurricane Rita ■Hurricane Wilma in Groundhog Day Tornadoes ■Ice Storm (Tulsa, OK) - ■Mother's Day Tornadoes ■T.S. Fay ■Hurricane Gustav ■Hurricane Ike • The City of Fayetteville's Storm Debris Monitoring Services project will be Solid Resources, Inc. has managed by the firm's corporate office in Sarasota, Florida, which has been es- performed post -disaster emergency O tablished since 2005. A temporary field office will be established within the :services for the following sample • City of Fayetteville for project management and supervisory staff, and will serve of clients and communities: • as a staging area for the daily deployment of all monitoring staff. FL Dept. of Transportation • Solid Resources, Inc. warrants that the firm is fully qualified with adequate per- LA Dept. of Transportation • sonnel and experience to complete all of the services identified in the Invitation FL Dept. of Community Affairs for Bids for Storm Debris Monitoring Services project in a prudent fashion. The FL Div. of Emergency Mgmt. Bibb County. GA firm currently has 60 full-time permanent employees on staff assigned to both Brevard County the Sarasota and Miami, Florida offices; and over 100 full-time temporary em- Broward County • ployees currently conducting debris monitoring operations in Louisiana and Ar- :Charlotte County • kansas. All employees are available for deployment to the Fayetteville area. :city of Atlantis :City of Belle Glade • Since 2000, SRI has served hundreds of communities across the southeastern ty of Boca Raton ;City of Bonita Springs . United States with its disaster recovery services — in debris monitoring and man- City of Bowling Green • agement, FEMA Public Assistance technical support services and project man- :City of Boynton Beach agement. SRI has 16 years of experience as emergency managers and environ- :City of Briny Breezes mental consultants. We have an extensive background supporting debris moni- City of Cloud Lake O toring, eligibility compliance, disaster planning and mitigation programs g g y p g p g City of Daytona Beach :City of Delray • through federal grant agencies such as FEMA and FHWA. City of Fort Myers Beach • City of Greenacres With this project delivery team, we are positioned to offer the City of Fayette- City of Key West ville access to debris management services and emergency response capabilities City of Lake Worth City of Miami O from a firm that has an unparalleled knowledge of FEMA's and FHWA's princi- City of Palm Beach Gardens • pies, practices and policies. Solid Resources; Inc. recognizes that following a City of Riviera Beach disaster the emergency response must be rapid and efficient, with accurate re- :City of South Bay cord -keeping and cost-effective use of resources to ensure that all federal reim- City of Tulsa, OK • bursement requests are acceptable to the funding agencies. City of Wauchula City of West Palm Beach . City of Winter Springs SRI is uniquely suited to provide Storm Debris Monitoring Services to the City ;Collier County of Fayetteville because of the firm's: Hardee County • Hillsborough County ■ Extensive monitoring experience for FEMA and FHWA debris removal, re- ;Lee County County duction and disposal since 2000; :Miami -Dade • Monroe County • ■ Broad experience providing disaster management services for the Florida Palm Beach County Palm Beach School Board Division of Emergency Management (FDEM) and the Florida Department Sarasota County • of Transportation (FDOT) with the FEMA Public Assistance and the FHWA Seminole Tribe of Florida • Emergency Relief Programs, respectively; Town of Glen Ridge • Town of Haverhill ■ SRI has been tasked by the FDOT to provide emergency recovery training to F. Town of Highland Beach FDOT staff, as well as Florida state agencies and local governments state- Town of Jupiter • wide; and Town of Lake Park : Town of Lantana ■ SRI has provided an entire array of emergency management services to the ;Town of Palm Beach FDOT and FDEM, including the formulation of project worksheets, sum 'Town of Palm Beach Shores :Town of South Palm Beach • mary of documentation, appeals, assistance with final closeouts in conjunc- Village of North Palm Beach tion with FEMA staff and final audits. Village of Palm Springs Village of Royal Palm Beach • F iand man others... • Solid Resources, Inc. has developed a team with a superior working knowledge of the debris eligibility guide- lines for FEMA, FHWA, USACE and NRCS programs to ensure the highest level of successful reimbursements to its clients. Since 2000, the firm has provided disaster debris monitoring services for over 12 million cubic yards of vegetative and other types of disaster -related debris. Additionally, during the past 37 months SRI staff have provided FEMA Public Assistance technical support to more than 800 applicants; and have handled ap- proximately $4.3 billion dollars in project worksheets. Solid Resources, Inc. was instrumental in forming the State of Florida's first Disaster Debris Team and assisted FEMA in the development of FEMA's debris training seminar in 2006. Training materials prepared by SRI em- phasized the environmental requirements of debris removal, reduction and disposal operations. No other emer- gency management firm has done more to assist Florida's local governments recover and process their Federal reimbursements for both debris removal and infrastructure damage than SRI; and the depth and breadth of ex- perience held by our professional staff is unmatched. At the invitation of Florida Division of Emergency Management, SRI staff presented a Project Closeout training workshop for 75 state and federal recovery workers and helped to create and staff the first State of Florida Dis- aster Debris Team. In coordination with FEMA, the SRI State Disaster Debris Team prepared training material and set up applicant debris management training workshops throughout South Florida. The company has devel- oped and delivered FHWA and FEMA program training to more than 700 state and local government personnel throughout the State of Florida. Solid Resources, Inc.'s philosophy is to go above and beyond our clients' expectations when it comes to the quality of our debris monitoring services. Solid Resources, Inc. (SRI) works closely with local, state and federal emergency management agencies to monitor and expedite the cleanup of disaster debris, and to maximize reimbursements and financial assistance from granting agencies such as FEMA and FHWA. With our project delivery team, we are positioned to offer the City of Fayetteville access to debris management services and emergency response capabilities from a firm that has an unparalleled knowledge of FEMA's and FHWA's principles, practices and policies. SRI. recognizes that following a disaster the emergency response must be rapid and efficient, with accurate record -keeping and cost-effective use of resources to ensure that all federal reimbursement requests are acceptable to the funding agencies. Solid Resources, Inc. is thankful for this opportunity to submit our qualifications and stands ready and prepared to serve the City of Fayetteville, Arkan- sas. We encourage the City of Fayetteville to contact any of the references provided in Tab 2 (Firm Experience and Past Performance) and Tab 7 (Addenda and Appendices) for further details regarding the professional manner in SRI DISASTER DEBRIS MANAGEMENT TEAM HIGHLIGHTS ■ Professi ��' State, and FHWA experience • ;yJ A11-• - - • Unma experience • State Technxperience as prime contractor • Debris management, compliance and monitoring expertise © Qualifications of the Firm • Solid Resources, Inc. developed its superior post -disaster debris management and monitoring capabilities by . managing and monitoring the removal, reduction and disposal of more than $900 million of eligible disaster re- lated debris in Florida, Georgia, Louisiana, Oklahoma, and Texas. Our experienced staff have written, reviewed, entered and/or approved more than I million load tickets. SRI has provided all of our clients with excellent ser- vice by utilizing our own highly trained and experienced management and supervisory staff, and delivering the • highest levels of customer service to each and every client. SRI maintains a roster of over 2,200 experienced and trained disaster debris management and monitoring profes- sionals who are available for immediate deployment. When responding to and recovering from a disaster sup- ported by the SRI Disaster Debris Management Team, the City of Fayetteville will know that it is receiving the best disaster management and recovery services available; provided by a company that is not over -obligated and • dedicated to making the City of Fayetteville' needs its priority. We have developed a team with a superior work- • ing knowledge of the funding guidelines for FEMA, FHWA, USACE and NRCS technical program assistance. • Since 2000, SRI has served hundreds of communities across the southeastern United States with its disaster re- • covery services — in debris monitoring and management, FEMA Public Assistance technical support services and • project management. SRI has 16 years of experience as emergency managers and environmental consultants. • We have an extensive background supporting debris monitoring, eligibility compliance, disaster planning and mitigation programs through federal grant agencies such as FEMA and FHWA. • The City of Fayetteville's Storm Debris Monitoring Services project will be managed by the firm's corporate of- fice in Sarasota, Florida, which has been established since 2005. A temporary field office will be established • within the City of Fayetteville for project management and supervisory staff, and will serve as a staging area for • the daily deployment of all supervisory and monitoring staff. Solid Resources, Inc. warrants that the firm is fully qualified with adequate personnel and experience to complete • all of the services identified in the Request for Proposal for Storm Debris Monitoring Services project in a pru- • dent fashion. The firm currently has 60 full-time permanent employees on staff assigned to both the Sarasota and Miami, Florida offices; and over 100 full-time temporary employees conducting debris monitoring operations in Louisiana and Arkansas. All employees are available for deployment to the City of Fayetteville. Solid Resources, Inc. has developed a team with a superior working knowledge of the debris eligibility guide- lines for FEMA, FHWA, USACE and NRCS programs to ensure the highest level of successful reimbursements to its clients. Since 2000, the firm has provided disaster debris monitoring services for over 12 million cubic yards of vegetative and other types of disaster -related debris. Additionally, during the past 37 months SRI staff i have provided FEMA Public Assistance technical support to more than 800 applicants; and have handled ap- proximately $4.3 billion dollars in project worksheets. Solid Resources, Inc. was instrumental in forming the State of Florida's first Disaster Debris Team and assisted FEMA in the development of FEMA's debris training seminar in 2006. Training materials prepared by SRI em phasized the environmental requirements of debris removal, reduction and disposal operations. No other emer- gency management firm has done more to assist Florida's local governments recover and process their Federal • reimbursements for both debris removal and infrastructure damage than SRI. At the invitation of Florida Division of Emergency Management, SRI staff presented a Project Closeout training • workshop for 75 state and federal recovery workers and helped to create and staff the first State of Florida Disas- . ter Debris Team. In coordination with FEMA, the SRI State Disaster Debris Team prepared training material and set up applicant debris management training workshops throughout South Florida. The company has developed • and delivered FHWA and FEMA program training to more than 700 state and local government personnel throughout the State of Florida. . 4 O O The Solid Resources, Inc. (SRI) Public Assistance Teams provided sixty (60) Public Assistance Coordinators • and Project Officers to assist with the post -disaster recovery process in the State of Florida following Hurricane • Wilma in 2005, assisting with site inspections, formulation of Project Worksheets (PW), document review, De- tail Damage Inspection Reports (DDIR), technical assistance, final inspections and audit reviews by the Inspec- tor General. Our PA Team has extensive experience with Project Worksheet appeals, advocating for local gov- ernments and representing the State in negotiations that positively impact financial reimbursements to our cli- • • ents. In Monroe County, Florida (Florida Keys), SRI staff monitored the recovery, removal and disposal of 436 aban- doned or derelict vessels, providing the documentation necessary to secure $2,111,447 in debris removal cost ' reimbursements. The 2005 hurricanes impacting the Florida Keys also dislodged 45,129 lobster traps throughout • the waterways and canals, .which were retrieved at a cost of $1,451,434. SRI Debris Specialists also assisted Mi- ami -Dade County, FL in the removal of illegally dumped debris mulch in a 81/2 mile stretch of wetlands in Homestead, Florida. The applicant's funding was being held by FEMA until all hurricane -related debris mulch was removed and their contractor was cleared by the County's Department of Environmental Resource Manage- • ment. • At the invitation of Florida Division of Emergency Management, SRI staff presented a Project Closeout training • workshop for 75 state and federal recovery workers and helped to create and staff the first State of Florida Disas- • ter Debris Team. In coordination with FEMA, the SRI State Disaster Debris Team prepared training material • and set up applicant debris management training workshops throughout South Florida. The company has devel- oped and delivered FHWA and FEMA program training to more than 700 state and local government personnel O throughout the State of Florida. Solid Resources, Inc. (SRI) works closely with local, state and federal emergency management agencies to -monitor and expedite the cleanup of disaster debris, and to maximize reimbursements and financial assistance • from granting agencies such as FEMA and FHWA. SRI is currently completing a debris management project for the Louisiana Department of Transportation and • Development following the passage of Hurricanes Gustav and Ike. Over 1,700 monitoring staff were deployed . and a total of 220,000 trees with hanging branches were cut, 3.1 million cubic yards of vegetative debris and 90,000 cubic yards of C&D debris have been removed to date. The firm recently completed debris monitoring projects for the City of Conroe, Texas and LaFourche Parish, • Louisiana with their debris removal projects for Hurricanes Gustav and Ike. • SRI assisted Bibb County, GA with the monitoring of its debris removal operation. The total debris generated i by the 2008 Mother's Day tornados in the unincorporated portions of the county is approximately 180,000 • cubic yards. Solid Resources, Inc. also completed a major debris monitoring project for the City of Tulsa, OK, where al- most 2.75 million cubic yards of debris have been removed following a severe ice storm in December 2007. SRI mobilized a Disaster Debris Management Team and deployed within 3 hours after notification, arriving on site within 24 hours fully prepared to assist the City of Tulsa. As the debris hauling phase and the debris . reduction phase were undertaken by separate contractors, two load ticket databases (removal and final dis- O posal) were reconciled daily. A total of 32 bucket trucks (each with a dedicated monitor) swept through the . City to eliminate the threat to public safety from hanging limbs and leaning trees as quickly as possible. With • 328 pieces of hauling equipment clearing the public right-of-way at full ramp -up, over 70,000 cubic yards of debris were being removed from the City daily. S • 5 Following Hurricane Wilma in 2005, SRI was responsible for monitoring the debris removal of approximately one million cubic yards of storm debris in Collier County. SRI provided all needed personnel and was the only debris management and monitoring firm used by the county following Hurricane Wilma. At the height of op- erations, approximately 600 debris clearance personnel and 271 pieces of equipment provided debris collection. The Office of the Inspector General (OIG) conducted an audit of over $37 million dollars of Hurricane Wilma debris removal and monitoring projects undertaken by Collier County. In a report to the Director of the Florida Long Term Recovery Office in April 2006, the Acting Audit Director for FEMA Region IV stated that "the county had an effective system for accounting for disaster -related costs....... and had adequate monitoring pro- cedures for reviewing and approving debris removal activities and billings of the contractor." This project has been deemed a `model' debris management project by FEMA and Florida Division of Emergency Management officials. With our project delivery team, we are positioned to offer the City of Fayetteville access to debris management services and emergency response capabilities from a firm that has an unparalleled knowledge of FEMA's and FHWA's principles, practices and policies. SRI. recognizes that following a disaster the emergency response must be rapid and efficient, with accurate record -keeping and cost-effective use of resources to ensure that all federal reimbursement requests are acceptable to the funding agencies. Solid Resources, Inc. is thankful for this opportunity to submit our qualifications and stands ready and prepared to serve the City of Fayetteville, Arkan- sas. We encourage the City of Fayetteville to contact any of the references provided in Tab 2 (Firm Experience and Past Performances) and review the unsolicited letters of reference provided in Tab 7 (Addenda and Appendices) for further details regarding the professional manner in which all of our contracts have been completed. SRI DISASTER DEBRIS MANAGEMENT TEAM HIGHLIGHTS ■ P fe-ssional staff with FEMA, State, and FHWA experience ■ ARC' If successfully completed debris monitoring projects Su � p illio f�FE,, A re mbrsementperie ■ L n an ris moll on n anag r nt staff �w I ;� leled� _rep event�plal�r�l d g. e . pe � i� 14N c Watched disaster recovery experience ■ State Technical Assistance experience as prime contractor ■ Debris management, compliance and monitoring expertise 6 © Firm Experience and Past Performance Below and on the following pages a sampling of Solid Resources, Inc.'s recent projects are summarized (including reference contact data); for services performed that are similar to the requirements for the City of Fa- yetteville's Storm Debris Monitoring Services project. O Project Dates: September 2008 — Ongoing • Total Debris Removal Costs: $77,290,273 to date • Total Monitoring Costs: $14,274,000 to date Approximate Number of Cubic Yards: 3,020,392 to date No. of Leaner/Hanger Trees: 223,267 to date • No. of Debris Removal/Reduction Contractors: 1 • No. of SRI Project Staff: 1,515 No. of Load Tickets: 61,751 to date No. of Trucks: 1,003 No. of DMS: 60 No. of Residential Drop Offs: 0 • Project Dates: September 2008 — November 2008 Total Debris Removal Costs: $650,000 Total Monitoring Costs: $167,890 Approximate Number of Cubic Yards: 54,162 No. of Leaner/Hanger Trees: 0 No. of Debris Removal/Reduction Contractors: 3 No. of SRI Project Staff: 20 No. of Trucks: No. of Load Tickets: N/A — force account labor No. of DMS: 1 No. of Residential Drop Offs: 0 Project Dates: September 2008 — Ongoing Total Debris Removal Costs: $3,415,697 to date Total Monitoring Costs: $1,458,707 to date Approximate Number of Cubic Yards: 272,550 to date No. of Leaner/Hanger Trees: 6,670 to date No. of Debris Removal Contractors: I No. of SRI Project Staff: 135 No. of Load Tickets: 7,871 No. of Trucks: 342 No. of TDSRS: 5 No. of Residential Drop Offs: 0 Reference: Mr. Rhett Desselle, P.E., District 8 Assistant District Administrator of Operations 1201 Capital Access Road Baton Rouge, Louisiana 70804-9245 (318) 561-5102 RhettDesselle@dotd.la.gov Reference: Mr. Dean Towery, Public Works Director 401 Sgt. Ed Holcomb Boulevard Conroe, Texas 77305 (936) 522-3831 dtowers@cityofconroe.org Reference: Mr. Jerome Danos Solid Waste Manager 402 Greene Street Thibodeaux, Louisiana 70302 (985) 637-5199 DanosJP@Lafourchegov.org Project Dates: June 2008 - October 2008 Reference: Total Debris Removal Costs: $868,806 Total Monitoring Costs: $201,762 Mr. Ken Sheets CountEngineer Approximate Number of Cubic Yards: 179,102 780 Third Street No. of Debris Removal/Reduction Contractors: 1 Macon, Georgia 31201 No. of SRI Project Staff: 35 (478) 621-6660 No. of Load Tickets: 2,124 No. of Trucks: 15 ksheets@co.bibb.ga.us No. of DMS: I No. of Residential Drop Offs: 0 1 i ■ Project Dates: January 2008 - September 2008 Reference: Total Debris Removal Costs: $12,273,490 Mr. Paul Strizek Total Monitoring Costs: $3,256,581 Planning and Contracts Coordinator Approximate Number of Cubic Yards: 2,670,030 707 South Houston Avenue No. of Debris Removal/Reduction Contractors: 2 Tulsa, Oklahoma 74127 No. of SRI Project Staff: 181 (918) 596-9716 No. of Load Tickets: 64,642 No. of Trucks: 328 pstrizek@ci.tulsa.ok.us No. of DMS: 3 No. of Residential Drop Offs: 0 Project Dates: October 2005 - April 2006 Reference: Total Debris Removal Costs: $32,000,000 Total Monitoring Costs: $5,000,000 Mr. Dan Rodriguez Approximate Number of Cubic Yards: 1,200,000 Director of Solid Waste No. of Debris Removal Contractors: 1 3301 Tamiami Trail East, Bldg. H No. of SRI Project Staff: 172 Naples, Florida 34112 No. of Load Tickets: 34,180 No. of Trucks: 271 (239) 732-2508 No. of TDSRS: 4 No. of Residential Drop Offs: 0 DanRodriguez@colliergov.net S S i 0 • i i Project Dates: August 2004 - June 2005 Total Debris Removal Costs: $55,000,000 Total Monitoring Costs: $2,783,460 Approximate Number of Cubic Yards: 1,900,000 No. of Debris Removal Contractors: 1 No. of SRI Project Staff: 38 No. of Load Tickets: 51,000 No. of Trucks: 700 No. of TDSRS: 3 No. of Residential Drop Offs: 3 Project Dates: October 2005 - February 2006 Total Debris Removal Costs: $10,050,051 Total Monitoring Costs: $955,491 Approximate Number of Cubic Yards: 500,000 No. of Debris Removal Contractors: 1 No. of SRI Project Staff: 60 No. of Load Tickets: 15,000 No. of Trucks: 150 No. of TDSRS: 5 No. of Residential Drop Offs: Project Dates: August 2004 - June 2005 Total Debris Removal Costs: $60,000,000 Total Monitoring Costs: $4,052,505 Approximate Number of Cubic Yards: 3,500,000 No. of Debris Removal Contractors: 5 No. of SRI Project Staff: 140 No. of Load Tickets: 115,000 No. of Trucks: 1,500 No. of TDSRS: 10 No. of Residential Drop Offs: 3 Project Dates: August 2004 - June 2005 Total Debris Removal: $30,000,000 Amount of Contract: $3,132,150 Approx. Cubic Yards: 1,000,000 No. of Debris Removal Contractors: 3 No. of SRI Project Staff: 120 No. of Load Tickets: 45,000 No. of Trucks: 1,100 No. of TDSRS: 5 No. of Residential Drop Offs: 22 Reference: Mr. Jim Thomson Director of Environmental Services 25550 Harbor View Rd. Suite #2 Port Charlotte, FL 33980-2503 (941) 764-4380 Jim.Thomson @charlottefl.com Reference: Mr. Jason Fournier Solid Waste Coordinator 10500 Buckingham Road Fort Myers, Florida 33905 (239) 338-3302 fournija@leegov.com Reference: Mr. John Archambo Director of Customer Information Services 7501 North Jog Road West Palm Beach, Florida 33412 Tel: (561) 697-2700 ext. 4725 jarchambo@swa.org Reference: Mr. Christopher Snow Principal Planner Solid Waste Management 601 E. Kennedy Blvd., 24th Floor Tampa, Florida 33601 (813) 276-8408 snowc@hillsboroughcounty.org 9 Reference: Jason Wheeler Reference: Mr. Doug Wright • State Emergency Coordinating Officer Recovery Chief • 605 Suwannee Street, MS 53 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-0450 Tallahassee, Florida 32399-2100 (850) 245-1505 (850) 413-9963 • jason.wheeler@dot.state.fl.us doug.wright@em.myflorida.gov Task No. 1: Appeals Task No. 2: Project Worksheets • Prepared 32 appeals with a value of $28M. An addi- 171 Project Worksheets valued at over $102M have • tional 10 appeals totaling $30M are in progress. been submitted to FEMA. i Task No. 3: Disaster Recovery Training Task No. 4: FHWA-ER Program Audit • 1.5 day training sessions on six topics to all Districts, Development and execution of an audit program that Central Office and the Turnpike Enterprise. Partici- consists of reviewing $500M in FHWA-ER program pants received a course manual and an interactive related costs that were associated with the 2004 hurri- • PowerPoint presentation. Training has been expanded canes. • to local governmental applicants in 2007. • Task No. 5: DDIR.IPW Comparison for Closeouts Task No. 6: Detailed Damage Inspection Reports O • Completed a summary of spreadsheets identifying local Assisted 38 local applicants with DDIRs valued at applicants with outstanding DDIR and/or PW issues over $50M. In process of assisting an additional 15 i based on 2,189 PWs with a value of over $2B. applicants. Task No. 7: Summary of Documentation (SOD) Task No. 8: Project Closeouts • Evaluation and submission of 27 SODs with a value of Identification of 41. projects that were prepared for the • $33M. FEMA closeout process with a value of over $40M. • Task No. 9: Hazard Mitigation Grant Program Task No. 10: Unidentified Emergency Work i Allocations Review i Identified and prepared Project Worksheets for over Review projects funded under the State of Florida's 150 projects valued at over $50M for submission to • Hazard Mitigation Grant Program. FEMA. Task No. 11: Quarterly Reports Task No. 12: Average Debris Collection Expenses by District/County • To date a total of 3,029 quarterly reports have been rec- • onciled. Developed as a tool for estimating DDIR eligible de- bris costs for Category A Project Worksheets. • 10 Below is the most recent letter of reference that Solid Resources, Inc. has received from a past client. Due to the page limitations in this proposal, additional letters of reference are provided in Tab 7 (Addenda and Appendices). S i O� L�UTs12 �,�o>ti Ae STATE OF LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT District 08/ Gang 208 12 Calvert Drive d� Alexandria, La. 71303 Phone (318) 487-5717 Fax (318) 561-5214BOWILLIAM n. ANKNER Pnn. BY 'N°RL www.dotd.la.gov SECRETARY December 15, 2008 FEMA PROJECT NO. 737-98-0032 AND FHWA PROJECT NO. 737-98-0033 DISTRICT 08 EMERGENCY CONTRACT DEBRIS, REDUCTION AND DISPOSAL FROM HURICANE GUSTAV Mr. Gary Stankovich President Solid Resources, Inc. 2201 Cantu Court, Suite 119 Sarasota, FL 34232 Subject: LADOTD District 08 .Hurricane Gustav Debris Removal Dear Mr. Stankovich: I would like to take this opportunity to express my appreciation for the services your company provided during the recent hurricane debris removal in Avoyelles and Rapides Parishes. I could not have asked for a more professional or knowledgeable group to assist us in monitoring our contractor's removal and reduction operations. My office primarily handles oversight of highway construction projects. We have never been directly involved in a project of this nature. From Day One SRI provided the assistance we needed to ensure our contract was administered within the proper guidelines, optimizing our chances for 100% reimbursement from FEMA and FHWA. From the outstanding communication and work ethic demonstrated by your on -site project manager, to the technology that allowed us to rapidly address concerns from local municipalities, SRI never failed to provide service that was above and beyond what was expected. No request was too large or too small, and all were addressed in a timely and professional manner. Again, thanks for a job well done! Sincerely, roy Roussell, P.E. Project Engineer LA DOTD District 08 Alexandria AN EQUAL OPPORTUNITY EMPLOYER A DRUG -FREE WORKPLACE 02 53 2010 S S i Staffing The schematic provided below illustrates the key members of the Solid Resources, Inc.'s (SRI) Disaster Debris Management Team that would be assigned to complete the City of Fayetteville's Storm Debris Monitoring Ser- vices project. All project personnel listed below are full-time employees of SRI and the business address for all staff is 2201 Cantu Court, Suite 119, Sarasota, Florida 34232-6260. The Project Manager will have full authority to act on behalf of SRI. Solid Resources, Inc. confirms that it will be ready to provide prompt commencement of services and complete the City of Fayetteville's Storm Debris Monitoring Services project within the required time frame. 12 i S S i i 0 i S 0 S i Shannon Shiver, Project Manager Ms. Shiver has the following FEMA course certificates: Ms. Shiver recently served as Operations Manager for the Louisiana Depart- ment of Transportation and Development debris monitoring project resulting ` ■ IS 100 from Hurricanes Gustav and Ike. She was directly responsible for the daily su- IS -200 pervision of all activities of 10 Field Supervisors and 300 field monitors includ- ■ IS 253 ing but not limited to coordinating clean up efforts between hauling contractors and the LADOTD. Shannon's responsibilities also included generating accu- rate and detailed reports critical to identifying debris clearance progress. Prior to her assignment in Louisiana, Ms. Shiver acted as the DMS Supervisor for the City of Tulsa, Oklahoma Ice Storm Debris Removal/Disposal Project DR1735. In this position, Shannon's responsibilities included the staffing and training of all DMS personnel. Each DMS acted as a temporary site in that all 2.5 million cubic yards of debris was ultimately ground into mulch and trans- ported to several final disposal sites. Ms. Shiver also managed roving monitors responsible for documenting debris piles identified as hot spots. These hot spots were photographed and entered into the SRI Debris Tracker Database from which daily reports were generated and provided to the hauling contractor and Mayor's Action Center. During 2007, Ms. Shiver supported the Florida Department of Transpor tation in its review of Federal Highways Administration -Emergency Relief program debris related expenses totaling more than $600 million. This project included the development and execution of a review program that met the requirements of both FHWA and FDOT to ensure 2004 hurricane related FHWA Emergency Relief Program expenditures were in compliance with State and Federal re- quirements. Prior to working with Solid Resources, Ms. Shiver was employed at the Florida Department of Community Affairs (DCA) as a community assistance consult- ant. At DCA, she was tasked with reviewing grant applications for economic development, neighborhood and commercial revitalization as well affordable housing. In addition, Ms. Shiver provided technical assistance in the areas of citizen complaints; conflicts of interest; federal labor standards; contract amendments; compliance with federal and state procurement regulations; com- pliance with the National Environmental Policy Act and compliance with all contractual reporting and closeout requirements. While at DCA, Ms. Shiver also managed Community Development Block Grants for communities impacted by the 2004 and 2005 hurricanes. This en- tailed reviewing required local policy plans to ensure compliance with state and federal regulations, reviewing construction and engineering plans and specifica- tions for construction projects and bid documents to ensure adherence to appli- cation project description and contractual conditions and budget. She was also responsible for reviewing and approving payment requests prior to processing, conducting on -site and desk monitoring of funded projects in various categories (economic development, neighborhood revitalization, commercial revitaliza- tion, and affordable housing.) Ms. Shiver completed a Bachelors' degree from Florida State University and also earned an Associate's degree from Tallahassee Community College. ■ IS -393 ■ IS -547 ■ IS -630 ■ 1S-631 ■ Debris Management (G 202) Ms. Shiver has worked on the following disasters: ■ 1539 T.S. Bonnie ■ 1539 Charley ■ 1545 Frances ■ 1551 Ivan ■ 1561 Jeanne ■ 1595 Dennis ■ 1602 Katrina ■ 1609 Wilma ■ 1 735 OK Ice Storm ■ 1761 GA Tornadoes ■ 1785 T.S. Fay ■ 1786 Gustav ■ 1792 Ike Jeff Allison, Field Supervisor Mr. Allison has worked on the following disasters: Mr. Allison recently served as the Project Manager for the Louisiana Depart- ment of Transportation and Development's (District 7) disaster debris removal ■ 1735 OK Ice Storm monitoring project following Hurricane Ike. In this position, Mr. Allison over- ■ 1761 GA Tornadoes saw the removal of 15,000 cubic yards of disaster generated'debris. Prior to this assignment, as a member of the SRI Disaster Debris Management Team, he worked as an Operations Manager while training as Project Manager during a project resulting from several tornados in Bibb County, GA. Mr. Allison was employed for over five years as a Finance and Sales Manager of the second largest Chrysler, Jeep, Dodge dealer in Oklahoma. In this position he was responsible for training and managing up to 30 employees. As Finance Manager, Mr. Allison increased the back -end profit of the dealership by 50%. Mr. Allison earned his Associate of Arts Degree in Liberal. Arts and has been working in the Financial & Management industry prior to being employed by Solid Resources. While. attending college, Mr. Allison worked as a supervisor at United Parcel Service. While employed at UPS, he was trained in many aspects of the business and held several different positions. Jeff was co-chair of the safety committee and was responsible for training and managing up to 50 em- ployees. He was also responsible for monitoring and maintaining the package tracking database. Another of the many positions held at UPS was in the Ac- counting and Finance department, where he managed several audit employees on multiple shifts. Prior to working at United Parcel Service, Mr. Allison held several other man- agement positions at various companies, including: • WEST Corporation / America Online • • Mortgage Broker Network Group Little Caesar's Pizza While in college, Mr. Allison was listed on the Dean's Honor Roll as well as the President's Honor Roll. His major course of study at the University of Arkansas was Biology/Pre-medical and he also studied Management Information Systems at Oklahoma State University. ■ 1786 Gustav ■ 1792 Ike i i S Obediah Hall, Field Supervisor Mr. Hall recently served Solid Resources (SRI) as a Field Supervisor for Lou- isiana Department of Transportation and Development's (LA DOTD) District 61 debris monitoring project in the State of Louisiana. In this position, Mr. Hall was responsible for the oversight of up to 25 monitors on a daily basis. Mr. Hall went above and beyond by taking the time to personally train moni- tors and constantly providing support in the field. In this position, he took the lead in the Road Certification program, supervising a crew of up to 25 moni- tors. Leading this team, he was responsible for training monitors in identifying hazardous leaning trees and hanging limbs, identifying construction and demo- lition debris, determining debris eligibility, estimating cubic yards remaining on each route, and updating a maps and spreadsheets daily to report to LA DOTD. • Prior to working with SRI, Mr. Hall worked with the Florida Department of • Revenue's Florida Reserve for 3 years as a Supervisor. This position has given • him the ability to work in a highly stressful, fast -paced environment. Mr. Hall had numerous duties including managing the sorting of mail according to ad- dress, mailing center, etc., weighing mail and computing postage, maintaining • records of incoming and outgoing mail, and completing meter machine reports. While'employed with the State of Florida, Mr. Hall was also employed at a national video rental chain for 6 years as a Manager. His job responsibilities included preparing the staff schedule and maintaining an accurate inventory. After 2 years, he was promoted to On Site Manager and took on additional re- sponsibilities including supervising employees and preparing daily and monthly revenue reports. Mr. Hall possesses excellent customer service and computer knowledge skills. He has the ability to work independently, interact with a wide range of people, manage time efficiently, and problem solve. Mr. Hall cultivated a relationship with clients and colleagues in order to support the corporate goals of profitable growth. He is informative, detail oriented, and able to execute multiple tasks simultaneously. In addition, Mr. Hall has acted as Site Foreman for multiple landscaping com- panies in the State of Florida. He has been tasked with scheduling employees work hours, reviewing contracts, interacting with clients, and assuring that con- tracual obligations were fulfilled. Site Foreman —schedule work, reviewed con- tracts, interacted with clients, both commercial and private. Mr. Hall has also been responsible for monitoring compliance with OSHA regulations. Mr. Hall attended Harding University in Arkansas, studying Bible & Ministry. He has also attended Bainbridge Community College, where he studied busi- ness management. Mr. Hall has the following FEMA course certificates: ■ IS -630 • ■ IS -631 ■ IS -632 Mr. Hall has worked on the following disasters: ■ 1735 OK Ice Storm ■ 1761 GA Tornadoes ■ 1786 Gustav ■ 1792 Ike William Joel Barron Jr., Field Supervisor Mr. Barron has worked on the :following disasters: Mr. Barron recently served as Solid Resources, Inc.'s (SRI) Operations Man- ager for Louisiana Department of Transportation and Development's (LA 0 1735 OK Ice Storm DOTD) District 61 debris monitoring project. In this position, he has managed 0 1786 Gustav the monitoring of over 151,000 cubic yards of debris collection and more than 0 1792 Ike 4,837 leaners/hangers cut. His role involved ensuring accurate recordkeeping for debris collection and monitoring services to maximize FEMA reimburse- ment, conducting daily meetings with the debris contractor to ensure collection operations met contractual obligations, and overseeing the preparation of daily status reports. Prior to working in District 61, Mr. Barron held the position of Field Supervisor for LA DOTD's District 8 debris monitoring project, where he excelled and was promoted to Operations Manager. His duties as Field Supervisor included over- seeing truck certifications, debris management site operations and the stump removal program, supervising load ticket completion, managing teams of moni- tors and tracking the cumulative volume of debris removed and reduced. " Prior to this assignment Mr. Barron worked with Solid Resources, Inc. as a 0 Field Supervisor in Tulsa, Oklahoma for the December 2007 ice storm. Prior to o this assignment, Mr. Barron served his country in the military for twenty-two O years, receiving numerous awards and medals including three Meritorious Ser- O vice Medals. o Mr. Barron's military service lasted from July 1965 through May 1987. His last © assignment was as a Quality Assurance Inspector for the United States Army o Finance and Accounting Center, ensuring that all rules and regulations were be - O ing followed. Prior to this assignment, he served with the United State Army Commissary at Fort Wainwright, Alaska as a WL 5 Work Leader/Supervisor. SO�,E.a �a . 1ZE�SOTI1 G.E S 4.\Z�ti:�> IAI, f: E': 'SFr:Gv�' Slxri7tiFS • • • © Project Approach O Solid Resources, Inc. (SRI) has carefully reviewed the Scope of Services provided in the Request for Proposal • for the City of Fayetteville's Storm Debris Monitoring Services project. All debris removal and monitoring op- • erations will be conducted in full compliance with the all rules and regulations of the Occupational Health and Safety Standards as published by the Occupational Safety and Health Administration (OSHA), U.S. Department • of Labor. In addition, the firm will also ensure that the debris removal, reduction and disposal operations follow • all established policies and procedures required by FEMA and the Federal Highways Administration (FHWA) to ensure successful financial reimbursements from these funding agencies. • In every contract, establishing procedures for communication, planning, performance monitoring, quality and cost control have proven key to a project's success. SRI is able to provide superior services by assessing and • evaluating each client's unique pre- and post -disaster situation by reviewing details into debris collection, com- munications, contracts, regulations and operational procedures. • The SRI Disaster Debris Management Team is experienced with all facets of debris planning, mitigation, re- sponse and recovery and is prepared to provide the City of Fayetteville with comprehensive debris management • and monitoring services. The first step to any new project is to review the services the client expects and to make recommendations on what is needed pre -disaster, as well as after the storm. SRI personnel will review load • ticket protocol, collection vehicle standards and compliance factors, debris zone maps and procedures, reporting and documentation requirements, review data reporting templates, discuss Debris Management Site preparations • and review current FEMA debris eligibility criteria and policy matters, among other vital tasks. • Solid Resources, Inc. will supply management and supervisory staff utilizing full-time, permanent employees. Debris monitors and data entry positions will be filled by temporary employees (City of Fayetteville residents) or who served as SRI monitoring staff during our recent projects in Louisiana and Texas. In every debris man- . agement contract completed by SRI, the vast majority of field and DMS monitors are local residents, in order to provide the highest level of economic benefits to the community affected by the disaster. Additionally, SRI will O secure office space within the City of Fayetteville, which will serve as a daily staging area for all supervisory • staff and monitors. O All monitors will complete a minimum of 4 hours of training in conjunction with FEMA staff to ensure that all • monitoring staff are fully informed of any Disaster Specific Guidance (DSG) documents that have been issued for the declared disaster and that all requirements of the FEMA Debris Management Guide (FEMA 325) are fol- lowed. • All supervisory staff will coordinate with FEMA staff will work with both FEMA and FHWA staff to the great- est extent possible to pre -validate all leaner/hazardous trees and all other special debris types such as household • chemical wastes and hazardous stumps. • The SRI Disaster Debris Management Team includes professionals experienced and trained in debris removal O and disposal monitoring and staffing DMS and final disposal sites for federally declared disasters. They have • knowledge of FEMA and FHWA requirements including identifying, qualifying, tracking, record keeping and • reporting procedures for debris removal operations. The team is also trained in safety and communication pro- cedures. •• The SRI Project Manager will initiate oversight of the activities of the debris removal contractor. The SRI Dis- aster Debris Management Team provides scalability, crew oversight, a successful project management structure with a cohesive organizational framework and immediate responsiveness; providing complete post -disaster cov- • erage, flexibility and independence to serve the City of Fayetteville's debris removal and disposal monitoring needs. • • t7 S Below and on the following pages, the processes, technical approach and services that will be provided to the • City of Fayetteville to support its Storm Debris Monitoring Services project are outlined. Equipment Certification The measurement, certification and placarding of the debris removal contractor's trucks and other equipment S will begin as soon as the machinery has been mobilized to the City of Fayetteville. Solid Resources, Inc. will initiate the truck certification program in coordination with the debris removal contractor to accurately measure • the volumetric capacity of each truck. SRI can supply certification forms which include the latest FEMA guide- lines for measuring and calculating the volumetric capacity of debris removal trucks (Tab 7, Appendices). We O will photograph each truck, attach a certification placard to it, and inspect the trucks to make sure they comply with all local, State and Federal safety standards. SRI also will periodically spot check and re -certify trucks in order to prevent alteration of the capacity of the trucks by subcontractors post -certification. . Debris Management Sites (DMS) and Fixed Site Debris Monitors . As required, Solid Resources, Inc. (SRI) will assist the City of Fayetteville with selecting, evaluating and obtain- ing approval for DMS in accordance with the requirements of both FEMA and the Federal Highways Admini- • stration. • Debris management site and final disposal site monitoring services include: • ■ Provide Fixed Site Debris Monitors, supervisory and quality control personnel; O e Verify each truck that delivers debris to the DMS matches its manifest load ticket including truck number, • type of debris and truck volume; O ■ Accurately complete and sign each load ticket before permitting a truck to proceed from the check -in/ • inspection area to the tipping area; • ■ Ensure that each truck bed has been fully emptied prior to departure from the DMS or final disposal site; ■ Maintain accurate daily logs of tickets inventoried and/or voided; • ■ Perform quality control and assurance checks on all load tickets; and • ■ Immediately contact Field Debris Monitors and Field Supervisors when errors are detected at the DMS, in order to promptly remedy the errors and maintain satisfactory field monitor performance. i • Damage Claims Reporting . SRI will assist the City of Fayetteville in the establishment of a Contractor Damage Reporting and Remediation . Program. Our monitors are trained to document and immediately report any damages that occur during the re- moval of debris. Each incident is documented with photographs, logged on field reports and called into Field O Supervisors, who in turn alert the debris removal contactor and the City of Fayetteville to the incident. A report O of each incident will be given to the City of Fayetteville and the debris removal contractor; and Field Supervisors i will follow up to verify that remedial action was taken by the contractor in an appropriate timeframe. In addi- tion, SRI will establish a telephone claim reporting system for the use of residents in order to ensure that all dam- ages sustained during the debris collection and removal operation are resolved promptly. • Daily Meetings • SRI will facilitate daily meetings between the City of Fayetteville, SRI staff and the debris removal contractors' • management staff to coordinate efforts, resolve problematic issues and make any adjustments required. • 18 • • • Debris Mapping SRI monitors and Field Supervisors facilitate the debris removal program by mapping out where debris remains, locating 'hot spots' for immediate collection, marking ineligible debris piles and tracking progress for pass com- • pletions and debris removal zone closures. This information can be used by the City of Fayetteville staff to • track progress and provide updates to the media and the public. Our mapping services incorporate state of the • art technology and can be tailored to any specifications requested by the City of Fayetteville. • Documentation of All Debris Removal Activities • All data collected from the field, including field debris monitor logs, debris site tower logs, Field Supervisors • logs, all photographs, damage claim forms and any other documentation will be digitally scanned and filed to • assist the City of Fayetteville with all financial reimbursement requests to federal funding agencies. • Special Debris Assistance • Certain types of hazardous debris, such as hanging tree limbs, leaning trees and tree stumps require special vali- dation and documentation procedures in order to be eligible for cost reimbursement from FEMA and FHWA. • SRI personnel are experienced in these procedures and employ the latest FEMA methodologies and guidelines to ensure maximum cost reimbursements to our clients. SRI also has extensive familiarity with administering the removal of storm debris from private roads and gated communities, Right -of -Entry programs and can guide • our clients through the often complex maze of gaining FEMA authorization to collect and dispose of disaster related debris from these locations. Ineligible Debris Notification • SRI is also prepared to initiate a program of notification and documentation of all ineligible debris in a collec- tion • area. Monitors and Field Supervisors will document, photograph, map and mark ineligible debris, provid- • ing detailed reasoning for its ineligibility, and if requested may place 'door hanger' notification of the ineligible • debris at the residence in conjunction with the Field Supervisors. • Field Supervisors SRI will provide the City of Fayetteville with experienced Field Supervisors to oversee and coordinate the • ac- tivities of all Field Debris and Fixed Site Monitors. These supervisory staff will provide the following services: • ■ Organize the daily activities between SRI monitors and the debris removal contractor; • • ■ Assist in setting up the DMS sites; ■ Compile all necessary and requested reports from the field; ■ Coordinate and manage the mapping of debris collection activities; • ■ Document, report and track damages caused by debris removal contractor crews; • • ■ Respond to any issues regarding complaints, damages, accidents or incidents involving SRI or debris re- moval contractors' personnel and ensure that they are fully documented and reported to the City of Fayette- ville; ■ Ensure that all monitors and the debris removal contractor crews maintain positive public relations and that all citizen complaints are followed up on and resolutions achieved in an appropriate timeframe; and • ■ Ensure that first pass debris collection from FHWA-ER eligible roads is documented accurately. • • • • 5 19 • Field Debris Monitoring SRI will perform on -site, street -level work area inspection and documentation of the debris cleanup and collec- tion crews. SRI will provide an adequate number of Field Debris Monitors to inspect and control debris removal O (dependent on the severity of the event) utilizing load tickets, field logs and other documentation as required. • Field debris monitoring services include: O ■ Provide Field Debris Monitors for each debris removal crew; • ■ Monitoring the daily debris removal activity of trucks and other equipment; ■ Issue load tickets at loading sites for each load. (SRI maintains more than 2,000 handheld Garmin eTrex • Legend GPS receivers and 2,000 Kodak Easy Share digital cameras for use by field monitoring staff). All • load tickets will include GPS coordinates and corresponding JPEG (digital picture file) of each debris collec- • tion site. Images of tickets and corresponding photographs can be viewed from SRI Debris Tracker Data- base.); . ■ Properly monitor and record performance and productivity of debris removal crews; i ■ Verify and sign each load ticket, certifying that truck is fully loaded with eligible debris before allowing • truck to proceed to a DMS or final disposal site; ■ Survey and record the `special needs' areas in which larger items such as tree stumps and root balls, hazard trees, leaners and hangers, hazardous materials, construction and demolition debris that require specialized removal equipment and documentation; and • ■ Verify all debris collected is eligible in accordance with FEMA Publication No. 325; ■ Ensure hazardous wastes are not mixed in loads; ■ Ensure debris removal contractors do not remove debris from private property with proper authority and • without a Right of Entry/Hold Harmless Agreement signed by the property owner(s); ■ Identify, document, and report any damages to private property caused by the debris removal contractor or O monitoring firm; ■ If debris removal contractor is required to segregate debris at collections site by type, field monitor will en- sure mixed piles are not loaded. • Data Management and Reporting As fieldwork is completed, SRI will produce, collect, and organize all paperwork such as load tickets and field • logs and then enter all data into SRI's proprietary Debris Tracker database on a daily basis. All paperwork will • be scanned into digital format for archival purposes. SRI will implement and maintain the Debris Tracker data- • base that is self -reconciling, provides quality assurance/quality control as well as its unique capabilities to: ■ Ensures proper storage and organization of debris collection debris data; ■ Links load tickets to any parameter — contractors, trucks, DMS information, etc.; • ■ Streamlines record reconciliation of each load of eligible debris; and • ■ Provides daily, weekly, monthly and project -wide customized reports as required by the City of Fayette- ville's Debris Manager showing recovery status, schedule updates, and project completion forecasts. • • y. . 20 The main menu utilized by the Solid Resources, Inc. proprietary Debris Tracking software is illustrated below. All daily load tickets are entered into the database within 24 hours as shown below: Mcket Dga - rCollodian Type MMcTIck.tO.la AES oM-,zfalydl ASPLLTIDn 487956 .3w - - � r r.cy owns Flrr. TbW ID7 o5s w.c ------ Jsue..,,....... M COPnp O t WflcI4R srr[ _ coi 07047015 -54 CY - W tom►: 54 U -..s +a -t Kenneth Johnson n.w,er 0.0 i � ��420�ra++x 80.00 eu wN.r i+.rw.r r cr .ar { ,Johnson. Kenneth Ie"B o[yW rIACMG I ITDUCTF41'I I G[SIpaALal1E1 - h IUI li /7.2 C18 71is 24 l Tim I :'3 pe JI r 17- 1 Ei y rden '.,.MulchebieBurnabie/ 1oody v LaskM.Mt 11/7/29087.08.14, Arrrrwr r is Pr.ii. �r.to -- 7 iu, 4A a c aa'10 terra r• '13 .?o GY TONS CAD J wr;,,�r, ❑era+, Calcasieu- Dis.►jMcManus v: Two lay ,12.52 PM 3127 Menard. Qebra wr r - sMev' _ — , 1 23 PM 3500 Ca bell, John .t �.rr 4�. srrr►S 1? c f 11 {712008 : t1MA R 21 All special debris types (leaning tree, hanging branches and stump removal are also entered onto the database: Incident Images and Data UnNhd,R.00v.ry.Graup, LLC nwaw aw wr Debris • I I2W53 . 9 awYRtia ., io. aoe we r r r, R.cmd; 14jJ i . • d 1 {Pearled) J Felr� ere Firm Sample Report - Reports will be customized to meet the requirements of the City of Fayetteville. Incident Data I'114 Status Dt: Statue: 10R/2069 Open •.j�j�... r Type: Incident: I Loanar/Hanger 1ia(1113 klctdmd Dl: Tons: Si.: Zone: I1,/2 J .yells, • DOTD Addy Rd: GPS1: L.4 452 JTa31 09 1 dowsed: GPS2: 20321' ResiderC Residsrd Info: Took Oartuc E711.A Moniloc 13 Wlkirs. Jody • Damape: Stpsnisar. - Tratlr. 81- 0 - 0 C Y - Clemmons T Crew Infa:l V Incldsnl r Details: r4 Load Tickets by Drop Site s(.,I,I) O RI ti„t:R(:E IN City of Tulsa -1735 OR - Contract 26331 Load Type: Collection Daily Totals From 11281200$ - 1/3012008 Tickds slsnps Capacity CY LoadCY Pct Trucks Johnson 2008 01/28 613 0 27.112 22421 827% 88 2008 01129 575 0 30.206 26.393 874% 78 2008 01/30 534 0 28.399 23.881 84 1% 82 Latimer 2008 0128 600 0 32.430 26,737 824% 108 2008 01129 690 0 36.812 31.506 856% 91 2008 01f30 654 0 35.278 29.186 82 7% 95 Mohawk 2008 0128 230 0 11.453 9,508 83 0% 43 2008 01/29 152 0 7,615 6205 815% 22 2008 01/30 199 0 9.822 8.405 856% 30 Report Total 4,147 0 219.127 164 241 84 1% 22 Complete Reconciliation and Final Payment Overview • ■ After the debris removal contractor provides responses to reported discrepancies, a report is prepared de- i scribing the resolution of each discrepancy. O ■ SRI coordinates with the City of Fayetteville to resolve any outstanding issues with the debris removal con- tractor. i ■ Invoice allocations are reviewed to verify department/area charged. i ■ A final Quality Control Review is conducted. ■ An Invoice Closure report is prepared, including recommendation for final payment including retainage, and • this report is delivered (along with invoice backup) to the City of Fayetteville. i ■ Backup of supporting electronic data is taken from the SRI Debris Tracker database. ■ The Invoice File Folder is reviewed to verify completeness of records. • Invoice Processing and Reconciliation Services • SRI's Invoice Reconciliation Process is designed to: • ■ Ensure 100% accuracy of all debris removal contractor billing, and elimination of duplicate charges; ■ Ensure that all billed items are authorized and within the contracted scope -of -work; • ■ Provide efficient handling of any reconciliation issues; and • ■ Ensure total collaboration with the City of Fayetteville's finance and accounting staff. Invoice Reconciliation Process for Initial Payment Approval ■ All contractor invoices received are date/time stamped, a hard copy file folder is created, an electronic re- cord of the invoice is created and the invoice will also be scanned for digital storage. ■ Invoices are reviewed to ensure that all required information is present and that all work is within the con- tracted scope -of -work. ■ If information is missing, the debris removal contractor is advised that the invoice will be held pending re- • ceipt of the missing information. ■ Supporting details, such as load tickets are electronically matched to identify and create a report of dupli- cates, overcharges and other discrepancies. ■ Costs, invoices and supporting documentation are reviewed and compared against original Work Orders to ensure accuracy. A quality review of the documents is completed by our Billing/Invoicing Analyst. • ■ An invoice pre -approval summary report is prepared, including any retainage and submitted to the City of • Fayetteville. ■ The target dates for invoice initial payment approval and reconciliation are established based on applicable payment terms and monitored to ensure completion in an adequate timeframe. • ■ A Pre -Approval Payment Report is provided to the City of Fayetteville. O ■ The debris removal contractor is provided a detailed discrepancy report in addition to the amount of the par- tial payment for the invoice. r i i 23 Required Documents City of Fayetteville Statement of Disclosure to be submitted with all proposals) This page does not count towards page limitations set forth in this request for proposal. DISCLOSURE STATEMENT: Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to; any relationship with any City of Fayetteville employee. Proposer response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. if, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR PROPOSAL: 1.) I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true; and 2,) My organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. Gary J. Stankovich Printed Name Signature February 13, 2009 Date 00300.doc 24 Debarment, Suspension, and Other Responsibility Matters The prospective 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 three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, 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 government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Gary J. Stankovich, President Typed Name & Title of Authorized Representative Signature of Authorized Representative 00301.doc 3 25 February13, 2009 Date City of Fayetteville Proposer Primary Contact Information — TO BE SUBMITTED WITH ALL PROPOSALS At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Proposer's primary contact shall be available for phone and e-mail clarification from the hours of 8:00AM to 8:00 PM for the following dates: Monday, February 16, 2009, through Friday, February 20, 2009. Name of Firm: Solid Resources, Inc. Name of Primary Contact: Gary J. Stankovich Title of Primary Contact: President Phone#1 (cell preferred): (714) 307-3778 Phone#2: (941) 379-8100 E -Mail Address: gstankovich©solid-resources.com Is the primary contact (listed in Part I) able to legally bind contracts? YES NO (circle one) If no, please list contact that can legally bind a contract for the firm: Not applicable Name: Title: S i i S Phone#1 (cell preferred): E -Mail Address: 00305.doc 3 26 Phone#2: i S • • i i • i S i S i i i i • • i S S i • i S 0 S Proposer submitting this PROPOSAL is: a A Corporation, incorporated in the State of Florida ❑ A Partnership, consisting of the following partners, whose full names are: An Individual whose full name General Contractor (Firm Name) Signed By Title Date Address Telephone Number & Fax Contractor's License Number 003 ! 0,doc 4 27 SECTION 00311 PROPOSER'S STATEMENT OF SUBCONTRACTORS The undersigned PROPOSER proposes and agrees, if this PROPOSAL is accepted, to use the following proposed subcontractors on this Work: Solid Resources, Inc. does not intend to use any subcontractors NAME 2. 3. 4. 5. 6. BUSINESS ADDRESS WORK TO BE PERFORMED The undersigned PROPOSER agrees that sixty percent (60%) of the Work will be required to be performed with his own forces unless a variance is requested and granted from the CITY OF FAYETTEVILLE. Date: February 13, 2009 Signed: 00311.doc I 28 SECTION 00312 BID BOND KNOW ALL MEN BY THESE PRESENTS, Solid Resources, Inc. Roanoke Tradinq and Naviqators that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto the City of Fayetteville, hereinafter called the OWNER in the penal sum of 1 304,160. 0 0 for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. The Condition of the above obligation is such that whereas the Principal has submitted to the City of Fayetteville a certain PROPOSAL, attached hereto and hereby made a part hereof to enter into a contract in writing, for Project storm Debris Monitoring Services, RFP 09-05 NOW, THEREFORE, (a) If said PROPOSAL shall be rejected, or (b) If said PROPOSAL shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said PROPOSAL) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said PROPOSAL, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. 29 0 • S S a a S a i a a S w • • a • S • s • • a i IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Signed, this 17th Gary J. Stankovich (Principal) day of February Roanoke Trading and Navigators (Surety) By. Jared C. George END OF SECTION 00312 30 09 Cost Proposal SECTION 00310 PROPOSAL LOCATION: CITY OF FAYETTEVILLE, ROOM 306 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 DATE: February 17, 2009 at 11:00 a.m. LOCAL TIME Proposal of: Solid Resources, Inc. Address: 2201 Cantu Court, Suite 119 Sarasota, FL 34232-6254 Proposal For: STORM DEBRIS MONITORING SERVICES Submitted to: The City of Fayetteville Andrea Foren, Purchasing Agent -- Room 306 113 W. Mountain Fayetteville, AR 72701 Proposer will complete the Work for the unit prices as listed in the Proposal Form. Total Base Proposal as outlined on Proposal Form: One million, three hundred four thousand, one hundred sixty dollars. Amount in Words 0 $ 1,304,160.00 Figures 31 Estimate of hours by position to monitor removal of 420,000 cubic yards of debris: Hourly Estimated # Item Position Hours Rates - Required l Fixed Site/Tower Debris Monitors 2 160 1 $34.00 t-` $73, 440.00 2 Field Debris Monitors/Truck Certified 9, ODD $34.00 $306 000.00 Senior Technician / Field Supervisor I f : Emergency Operation Manager 1, 080 r $60.00 $64 , 800.00 4 ClericalfData Ent /Communications 720 k $25.00 $1a, 000.00 5 Project Manager 330 $65.00 i4 $21,450.00 Total cost $4ti3,6yu.uu Estimated number of hours for clerical/data entry for removal of 420,000 cubic yards: 720 Estimate of any additional anticipated expenses: All hourly rates are fully burdened. An explanation of any additional anticipated expenses must be included in the proposal. The undersigned Proposer proposes and agrees, if this Proposal is accepted, to enter into an Agreement with CITY OF FAYETTEVILLE in the form included in these Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in these Contract Documents. Proposer accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work in the Contract Time specified. Proposer accepts all of the terms and conditions of the Information for Proposers, including without limitation those dealing with the disposition of PROPOSAL SECURITY. This PROPOSAL will remain open for sixty (60) days after the day of PROPOSAL Opening. Proposer will sign the Agreement required by these Contract Documents within ten (10) days after the date of CITY OF FAYETTEVILLE'S Notice of Award. In submission of this PROPOSAL, Proposer represents, as more fully set forth in the Agreement, that Proposer has examined all CONTRACT DOCUMENTS (including but not limited to Advertisement, Invitation to Propose and the Information for Proposers) and the following ADDENDA: Addendum 1, Addendum 2 and Addendum 3 00310.doc 2 Addenda and Appendices RFP 09-05, Addendum 1& 2Tayetr e Date: Friday, February 13, 2009 To: All Prospective Vendors From: Andrea Foren, CPPB — 479.575.8220 — aforen cjjayetteville.ar.us RE: RFP 09-05, STORM DEBRIS MONITORING SERVICES This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Form of Proposal. Failure to do so may subject bidder to disqualification. Addendum shall be attached to the inside cover of the bidding documents, signed, and dated. RFP 09-05, has the following modifications and clarifications: 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.) To be considered, proposals must be received at the City Administration Building, City Hall, Purchasing — Room 306, 113 West Mountain, Fayetteville, Arkansas before Tuesday. February 17.2009 at 11:00 AM, Central Standard Time. Map Set Consisting of Six Pages including cover is added to the RFP. Section 00212, page 2. Terms, is removed and replaced with the following: The work shall begin on notice to proceed and go for no longer than one hundred twenty (120) days for field debris collection and one hundred sixty (160) days for debris disposal site operations, unless extended by the City with ten (10) days written notice. Section 00100. page 5. Paragraph 35 is removed and replaced with the following: All work resulting in this contract shall be completed within one hundred twenty (120) days for field debris collection and one hundred sixty (160) days for debris disposal site operations, unless extended by the City with ten (10) days written notice. Section 00100, page 1, Paragraph 8 is removed and replaced with the following: Contractor may subcontract out and limit use of subcontractors to ONLY those approved by the City of Fayetteville. No contractor shall subcontract greater than forty percent (40%) of work assigned under any contract issued from this request for proposal. Section 00100. page 1. Paragraph I is removed and replaced with the following: All proposers shall provide copies of references, licenses, and the most recent audited financial statements plus any interim financial statements available with the proposal. These documents will not count toward the 20 page proposal limit. The selected proposer(s) shall provide copies of proof of adequate insurance, and bonding after contract award. Section 00310, page 2: Acknowledgement of receipt of this Addendum shall count as acknowledgement of receipt of both Addendum 1 and Addendum 2. Signing and returning this addendum document counts as acknowledgement of receipt of this Addendum. This shall not count towards the 20 page limit. d h t f Apageiscountedasonesl aofones ee o 8W by 11" paper containing any print. A sheet of paper with double sided printing shall count as two pages. City of Fayetteville RFP 09-05, Addendum 2 Page 1 of 7 Acknowledge Addendum #1 and Addendum #2: Printed Name: Gary J. Stankovich Signature: Title: President Date: February 14, 2009 Company: Solid Resources, Inc. 33 RFP 09-05, Addendum 3 lie ARKANSAS Date: Friday, February 13, 2009 To: All Prospective Vendors From: Andrea Foren, CPPB — 479.575.8220 — aforenOci.fayetteville,ar,us RE: RFP 09-05, STORM DEBRIS MONITORING SERVICES This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Form of Proposal. Failure to do so may subject bidder to disqualification. Addendum shall be attached to the inside cover of the bidding documents, signed, and dated. • RFP 09-05, has the following modifications and clarifications: 1.) To be considered, proposals must be received at the City Administration Building, City Hall, Purchasing — Room 306, 113 West Mountain, Fayetteville, Arkansas before Tuesday, February 17, 2009 at 2:00 PM, Central Standard Time. City of Fayetteville RFP 09-05, Addendum 3 Page 1 of 7 Acknowledge Addendum #3: Printed Name: Gary J. Stanlmvich Signature: / 7.5 < Title: -President Date: February 14, 2009 Company: Solid Resources, Inc. 34 I RESUMES OF THE PRINCIPAL OFFICERS OF SOLID RESOURCES, INC. STATEMENT OF QUALIFICAITON Name: Gary J. Stankovich, CSP President, Solid Resources, Inc. Contact Information: Office: 941-379-8100 Cell 714 307-3778 e-mail: 4arv.Stankovich@theobrienscQroup.com Education: Indiana University of Pennsylvania Bachelor of Science in Industrial Safety Sciences, 1985 Board of Certified Safety Professionals Certified Safety Professional, 1990 Position: Solid Resources, Inc. President Summary: Gary is the current President of Solid Resources, Incorporated (SRI), a Florida based firm that pro- vides government agencies with post disaster recovery services. He was a founding member of the Emergency Response Strike Team at Unocal Corporation and a principal in the development of ERST/O'BRIEN'S, Inc., now The O'BRIEN'S Group, Inc. and parent company of SRI. He has over 23 years of extensive experience in emergency response both as a consultant and as a responder. His response experience includes oil spills, fires and explosions, natural disasters, civil disturbances, and major environmental remediation projects. He has consulted in many areas including crisis manage- ment program development and reviews and emergency response related training and exercises. Gary is a Certified Safety Professional who has also developed injury and illness prevention pro- grams, conducted quantitative and qualitative risk analyses, building life safety reviews and complex accident investigations. Employment: Solid Resources, Incorporated Sarasota, Florida President Sept. 2007 — Present Manage company of 40 full time professionals and 200 part time employees that provide a wide range of post disaster recovery services to government agencies and municipalities. The O'BRIEN'S Group Brea, California Executive Vice President 1997 to Sept. 2007 Manage national accounts, business development, new products and services and company -wide technology support. Unocal Corporation 1989-1997 Emergency Response Coordinator Held various positions in a major oil company's Corporate Health, Environment and Safety department, including Senior Advisor, Emergency Preparedness Programs and Senior Analyst, Hazard and Risk Assessment. GPU Nuclear Corporation 1986-1989 Safety Specialist and Industrial Hygienist at a nuclear power plant. Responsible for site safety and health programs, including asbestos abatement, respiratory protection, hazardous materials con- trol, hearing conservation, accident prevention and investigation. American Mutual Insurance Company 1985-1986 Loss Control Consultant for major workers' compensation and liability coverage provider. 35 i i Skills/Services: Emergency Response: Crisis Manager Incident Commander • Planning Section Chief • Logistics Section Chief Safety Officer • Liaison Officer . Consulting: Crisis and Emergency Response Program Development • Response Plan Writing and Review O Emergency Response Training Crisis Management • - Incident Command System O - Hazardous Materials Response, including Hazwoper Advanced Industrial Firefighting • - Oil Spill Management and Control Emergency Response Exercise Design and Facilitation Business Recovery Plan Development • Safety and Loss Control Program Development/Evaluation Building Fire and Life Safety Reviews i Experience: Acted as Incident Commander and Planning Section Chief in numerous actual responses and drills re- lated to oil spills, fires, hazardous materials, transportation, natural disasters, civil disturbances, emer- gency environmental remediation projects. Recent major response experience includes Hurricane Katrina ESF-10 Support, ATHOS I and WESTCHESTER oil spills. Member of the Standardized Oil Spill O Response System (STORMS) task force for implementing ICS on pollution events (USCG citation). . Functional Area Title/Assignment Emergency Response Crisis Manager • Incident Commander • Planning Section Chief • Logistics Section Chief • Safety Officer Liaison Officer . Consulting: FEMA and FHWA Public Assistance services Debris Management and Monitoring Post Disaster Long Term Recovery Crisis and Emergency Response Program Development • Response Plan Writing and Review Emergency Response Training Crisis Management • Incident Command System Hazardous Materials Response, including Hazwoper • Advanced Industrial Firefighting • Oil Spill Management and Control Emergency Response Exercise Design and Facilitation Business Recovery Plan Development Safety and Loss Control Program Development/Evaluation Building Fire and Life Safety Reviews i Safety Health and Environment Policy and Program development i i i • 36 Sample ProjectslResponses: Date Position/Role Location Project 1992 Project Manager/Planning CA Central Coast Guadalupe — Oil Field Remediation 1996 Task Force Member California Standardized Oil spill Response Management System (STORMS) Task Force. Received USCG Certificate of Merit 1999 Incident Commander Long Beach, CA MN Dorthy Maersk Spill Response 2000 Project Manager MEXUS — Joint Mexican/US Oil Spill Response Exercise 2000 Planning Section Chief Louisiana M/T Westchester Spill Response 2002 Deputy IC Houston, TX MN Splendor Spill Response 2004 Planning Section Chief Philadephia, PA M/T Athos Spill Response 2005 Planning Section Baton Rouge, LA Hurricane'Katrina — ESF-10 Support for USCG 37 Gilberto P. Gonzalez —Vice President, Consulting Services €Mr. Gonzalez has the following FEMA Mr. Gonzalez is the Public Assistance Coordinator/Project Officer Senior Man- :course certificates: ager for Solid Resources, Inc. (SRI), serving the entire state of Florida. Mr. Gonzalez has over 16years or emergency management experience including `■ I5 loo g y g P g 12 years of employment with FEMA. He is currently working out of the SRI ■ IS-100.FW Miami office supervising the SRI Florida Public Assistance team of thirty re- ■ IS -253 covery professionals. He works as a liaison between FEMA, FHWA and Pub- ■ 1S-632 lie Assistance program applicants for all concerns and issues, i.e. Kick-off ■ IS -700 Meetings, Applicant Briefings, Project Worksheet development, policies and ■ PA Operations I (IS -631) procedures dealing with eligibility/ineligibility issues, interim/final Inspections, ■ PA Operations II (L-382) and project closeouts. He is also the lead PAC in assisting with Florida Depart- ■ Recovery Operations I ment of Transportation claims for all 7 districts and the Turnpike Enterprise. ■ Recovery Operations I1 Mr. Gonzalez participated in the preparation, review and recommendation for ■ PA Cost Estimating Format approval of all 366 Miami -Dade County Project Worksheets that total over $200 million. He has also provided Miami -Dade County additional support ' Mr. Gonzalez has worked on the with their appeals and audits. Mr. Gonzalez currently coordinates the final in- following disasters: spection and closeouts for Miami -Dade County for all the 2004 storms and the i 2005 storms. ■ 955 Andrew ■ 966 FL Flooding Mr. Gonzalez coordinated the FEMA team to conduct field inspections and to ■ 982 FL Tornadoes write Project Worksheets for the South Florida Floods (No Name Storm) in ■ 1035 T.S. Alberto October 2000. He coordinated with Miami -Dade County and the State of Flor- ■ 1043 T.S. Gordon ida with all eligibility reviews. He participated in the preparation of Project ■ 1062 Erin Worksheets to provide $300 million to repair local roads, $400 million in ■ 1069 Opal drainage cleanup and reconstruction and $300 million in canal dredging. ■ 1074 FL Flooding Mr. Gonzalez has extensive experience in federal and state emergency manage- ■ 1195 FL Tornadoes ment having worked for FEMA for over 12 years from 1992 to 2004. For nine € ■ 1204 FL Severe Storms of those years he served as a PAC coordinating the disbursement of federal dis- €■ 1223 FL Fires aster funds to municipalities, counties, state agencies and private non -profits.:■ 1249 Georges He was responsible for project worksheets, bid and contract review, training € ■ 1259 T.S. Mitch field inspectors, performing final inspections including Hazard Mitigation 406 1300 Floyd projects, closeouts, audits, appeals, supervision and project management. IU 1306 Irene ■ He worked as a member of the Disaster Recovery Team with the FEMA Hu- 1381 T.S. Allison man Services Department in Orlando for Hurricanes Charley, Frances, Ivan ■ 1393 T.S. Gabrielle and Jeanne in north and central Florida. In this assignment Mr. Gonzalez de- 1■ 1460 FL Tornadoes termined eligibility requirements per the Stafford Act and CFR 44 for human i ■ 1539 Charley services and property inspections. ■ 1545 Frances ■ 1551 Ivan Mr. Gonzalez also has experience in management consulting. For Prosperity ■ 1561 Jeanne Medical Center in Miami he researched business expansion and diversification, ■ 1595 Dennis technology and information systems. He also compiled statistical and financial ■ 3259 Rita data for budget preparation and wrote the annual detailed business plan. ■ 1602 Katrina In addition to both a Master's degree and a Bachelor's degree in Business Ad- 1609 Wilma ministration from St. Thomas University, Mr. Gonzalez has a Graduate Certi- ■ 1679 FL Tornadoes fication in Psychology and Mental Skills Training. He has also conducted nu- ■ 1680 FL Tornadoes merous state and federal emergency management training workshops. Jared George — Vice President, Debris Management Mr. George has the following Mr. George serves as the Senior Manager, Debris Management Services for FEMA course certificates: Solid Resources, Inc. He is currently serving as the Project Manager for the ■ IS -100 Louisiana Department of Transportation and Development's disaster debris re- ■ Is 200 moval operations resulting from Hurricane Gustay. The debris monitoring team ■ IS 244 consists of more than 620 field staff and 45 managers. To date, the SRI Debris Team has monitored the removal of more than 4 million cubic yards of storm ■ 1s-288 generated debris and 175,000 hazardous tree removal or trimming to alleviate ' ■ IS 393 potential threats to the State maintained Right of Way. ° ■ IS"547 '• ■ IS -630 He recently served as the Project Manager for a major debris monitoring project ■ Is -632 for the City of Tulsa, Oklahoma where approximately 2.75 million cubic yards ■ is -700 of debris was removed following a severe ice storm in December 2007. Mr. ■ is -800 George mobilized the SRI project management team and deployed within 3 ■ PA Operations I (IS -631) hours after notification, arriving on site within 24 hours fully prepared to assist ■ Debris Management (G 202) the City of Tulsa. At the height of operations, 181 debris monitors, field super- visors and management staff were assigned to the project. As the debris hauling phase and the debris reduction phase were undertaken by separate contractors, Mr. George has worked on the two load ticket databases (removal and final disposal) were reconciled daily. : following disasters: Due to the large number of hanging limbs and leaning trees, a total of 32 bucket trucks (each with a dedicated monitor) swept through the City to eliminate the ■ 1539 Charley threat to human safety as quickly as possible. ■ 1545 Frances Mr. George identified the Fl -TWA eligible roads within the City and worked to ■ 1551 Ivan secure funding from the Federal Highway Administration's Emergency Relief ■ 1561 Jeanne (ER) Program through the Oklahoma Department of Transportation (ODOT). ■ 1595 Dennis He scheduled meetings with ODOT, FHWA, and FEMA to ensure the City of ■ 1602 Katrina Tulsa received every eligible dollar. The ER Program pays 100% of eligible ■ 1609 Wilma costs for emergency work during the first 180 days. His efforts directly saved ■ 1679 Tornadoes the City of Tulsa and State of Oklahoma more than $1.6 million in cost share. ■ 1680 Tornadoes Previous to this assignment, Mr. George was assigned to support to the Florida ■ 1735 Oklahoma Ice Storm Department of Transportation (FDOT). In this position, Mr. George developed ■ 1761 Georgia Tornadoes and executed a state-wide $600M audit of Federal Highways Administration ■ 17x5 Fay Emergency Relief debris related program expenses for Hurricane Wilma in-. 1786 Gustav curred by the FDOT. ■ 1792 Ike Mr. George has 14 years of experience in managing public sector finances and overseeing accounting projects for governmental agencies. He has very strong analytical, financial, planning and organization skills. His background includes the design and implementation of new accounting methods, procedures, com- puter based systems, and controls for use for the preparation of accounting sys- tems, statements, reports, reconciliations and audits. `• • i Jared George - Vice President, Debris Management (continued) Mr. George has a diverse employment history focusing on his extensive accounting, analytical and financial i management skills. He has been employed by various state agencies since 1994 including the Department of Community Affairs (DCA), the Department of Environmental protection (DEP), the Department of Children and Families (DCF) and the Department of Agriculture and Consumer Services (DACS). During this substan- tial and uninterrupted period of public service, Mr. George was responsible for providing an ever-increasing level of financial management and analytical skills to the agencies. O Prior to joining SRI, Mr. George was the Assistant Bureau Chief for DACS for four years, managing the general audit, travel, payroll, grant accounting, and property accounting sections of the Bureau of Finance and Account- . ing. He monitored the activities in the sections to ensure operational procedures were carried out accurately and effectively and he assisted the Bureau of Planning and Budgeting in the preparation of the Department's annual • Legislative Budget Request. His duties also included the preparation of monthly spending plans and annual cost • statements, financial statements, Schedule of Expenditure of Federal Awards, and indirect cost rate proposals. • He assisted in the development and implementation of automated systems and coordinated the reimbursement of costs incurred by the Department while responding to declared disasters. In this position Mr. George was also tasked with all of the Department's federal costs reimbursements incurred while responding to and recovering • from the 2004 and 2005 hurricane seasons. • While employed by DCA and DEP, Mr. George rose from the position of Accountant I to Finance and Account- ing Director II in 2002, where he had the primary responsibility for managing the Revenue and Grant Account- s ing Offices of the Bureau of Finance and Accounting, assisting with the development and implementation of the Florida State Parks On-line Reservation System, as well as supervising the calculation and payment of the Gen- era] Revenue Service Charge and the Statewide Cost Allocation Plan. O Mr. George completed four years of studies in Public Administration at Florida A&M University as well as two • years of general studies at Tallahassee Community College. • I s i I S • • S • • 40 FINANCIAL STATEMENTS OF SOLID RESOURCES, INC. 2008 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P00000066042 Entity Name: SOLID RESOURCES, INC. Current Principal Place of Business: 2201 CANTU COURT SUITE 119 SARASOTA, FL 34232 Current Mailing Address: 2201 CANTU COURT SUITE 119 SARASOTA, FL 34232 FD Number. 95.1122462 FD Number Applied For i ) Name and Address of Current Registered Agent: FILED Feb 19, 2008 Secretary of State New Principal Place of Business: New Mailing Address: FD Number Not Applicable I) Certificate of States Desired () Name and Address of New Registered Agent: FLORIDA FILING & SEARCH, INC. 155 OFFICE PLAZA DRIVE SUITE A TALLAHASSEE, FL 32301 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Election Campaign Financing Trust Fund Contribution ( }. OFFICERS AND DIRECTORS: Title: CEOD ( )Delete Name: PERKINS, K. TiM Address: 2201 CANTU COURT SUITE 290 City -St -Zip: SARASOTA, FL 34232 Title: P ( )Delete Name: STANKOV1CH, GARY J Address: 2201 CANTU COURT sU1TE 290 City -St -Zip: SARASOTA, FL 34232 Title: VD ()Delete Name: BLANK. RANDALL Address: 3500 SUNRISE HIGHWAY, SUITE T-103 City -St -Zip: GREAT RIVER, NY 11739 Title: V () Delete Name: FABRIKANT,CHARLES Address: 2200 ELLER DRIVE Oily -St -Zip: FORT LAUDERDLE, FL 33316 Title: VD ( )Delete Name: GRAN, ALICE N Address: 2200 ELLER DRIVE City -St -Zip: FORT LAUDERDALE, FL 33316 Tilt: CFOS ( } Delete Name: FORSTER, KEITH R Address: 2929 E IMPERIAL HIGffWAY, SUITE 290 City -St -Zip: OREA. CA 92621 ADDITIONSICHANGES TO OFFICERS AND DIRECTORS: Title: Hattie: Address: City -St -Zap: Title: Name: Address: City -St -Zip: Title: Name: Address: City -St -Zip: Title: Name: Address: City -St -Zip: Title: Name: Address: City -St -Zip: Title: Name: Address: CitySt-Zq1: f )Change f ) Addition ( )Change ( )Addition ()Change I )Addition ( )Change I } Addhlon f) Change ( )Addition ( ) Change ( ) Addition I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida Statutes. I further certify that the Information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered. SIGNATURE: SHAFFIA GOEDDERT ACC 02/1912008 Electronic Signature of Signing Officer or Director Date 41 . . S . . . . . . . . . . . . . . . . . . . . . . . . . • i . . • • • . i Below are highlights from SEACOR Holdings, Inc.'s 2007 financial statements. Solid Resources, Inc. is part of the Environmental Services Division. F,.IN;A'N,C.IAL HiI.GH:L.I.G.HTS, (U.S. Dollars; in thousands; except pct share amounts•and ratios) For she ears ended December 31, . — y 2007 2006;.. ".2005. . 2004 .. 2003 Operating Revenues - $ .359.230:,,. s 1,323,445., $' 972;004" $ 491,860 $. 406,209. Cairn on AssetDispnsiria[u'and'lrnpnirrncn.,Nes - 122,572. ` 77,977 28,265 I0,234' 17.522 Operating Income .. 347,775 _36O.748 . r, 177.452 " 28.672 23,251 Net Income'' # 241 648y' 234 394 - 170.709 . ' 19669' 111.954 Diluted Earnings Per Common Share, " r ' 9 04 844 ,E 695' I 08 , 0.63, Return on Equity' #: ' • 16%''=- - 1- 17%1 �--i'*"'-.22% 3% - I% 'a- �:+w ..,E c .-ice. «.-'ti. •..r: ;J • , +.. f 4►..z,.' *.+ ,»s•r- +Decembrr;31.,-. y • S'.....� .2006 2005 - 7004 r. 2003 •' 2007.. == - „ Total Assets -� -* $ 3,568,651 $ 3,252;982 +'«S 2,885,141 • .-$ 1,766.009 5:1.402.61.1 te Propertyty and -Equipment, Net s's r. ,a-� • - ++ I•,943;152.r r .1,770,210 -i' 1,759,343 r+ . a{ 925.587 #..738,216 Cash and Near (ash Asses' -.-.- -• 1;001,721.-►. .+.925.725 .,.,,..'674,409-..r., 495;387 :438,131' Total Debt' +,-948,255 '912.711 - _ . .988,140 - 595,595 332,272 5tocicholdens: Equity .. , - '.-I,621.819. .1,557.078 ..I.36I,305,_.-, . 793.757, r 770.446 ` ',Total Debi to Total.Cipital ` " 37% 38% ' .4l% ;` '.43% ,. ` 30% ,.�..r �., - - .... .� -. .. *,,,..,..,.nom,. y,... ' r _ .. -.. w., .,p.,_s .—° tic' ' a .w T.4 . RZErPORTABI;E-B.US1'NESS' S'EGMENT-FtNANC1AL-H'IG'HLIGH-TS5 --'. 4U.S. Dollar's, in tho su aisds-a' .---, .�..�, -. _ _ Y' + w , rt r --For the years'mded December 31«�+ _ Li y r = w , r 2007 t -. T. w....:. .�.a. X2006 s� *r' - Operating' - epreciation - . - Operating ^4 Depreciation y.• '—income . and ._ -' income s" and may- .F"4 - .. (loss) - ' amortization _ OIBDA . _ 7. (loss) . amortization - - .OIBDA'% -'- Offshore Marinc Services '.. ' $- 288,047 $ 60,523 $ 348:570 • $ a . 282714 $ 81,512 $ n,' 364.226 Marine Transpnrtatian Services -=.' (18.222). 38.246 - : 20.026 . . ' 18.864 40,665,- , 59.529 . Inland River Sir.'. . - 71,238 16.307"•"" 67,545 59,903.... ,,� 14,300 74.203t., Aviation Servicesr . '19.405 27.561 "".`46,966 . .10.632i9.9S6 . 34,588.. - Environmental Services: :' : 17541' . 4,853' `22394' - "17,213" x3,356' ' 20,571. * L Reportable .Busincss"S4 iiients ; 378;009 ; -: 147.492 - :525.50I , 389,326 ,,,,, 159,741 i, 549;117 `' • `Other { . r i """''•"''" "� 2,995 " — "5;50.1 S 501 . " 6,774 �, x5;063. " 11,637 Corporate and Eliminations,^'',�_- :{33,229y ~,,-f;.:I;309....(3t',920) _�" 'w (35,35 . — 1;$60'* (33.492} Total Consolidated Group'' $,!t7-.347775- _;,'R'+ 154.307-I = '-5O2.082$ 360.748;`SI6:714.:I 527,462 'Amocmts.ior the car ended December 31, 2005 Inchde six marsh of;&6; from Se>1Mdlc Qrtt�nadoml Inc. asgWrcd on Juh 12005.= �, , . lNet'Income divided by stockholders e - at Ese'be 'nn oldie r. • ' .''"�" '`"^+' ••. _ 'Includes cash and cash egiivalenta. res. kmd.Psh.a+ btelonsate.markctsble uaukler and We XI and construction nesa a tvds . it' ,.. . cans of de`ti t and tal lease_ dblpooni. _ ",'7" "` gncluda curient acrd br[3=tern+ p'a'i3 f . apl -.,•� �•,;..:. �� �- _,..--... - a«.y. 'Operation income (toss)' avid.depreclatlon.ard amort cation 53w been exo aacced (earn Nave .16 to Consolidated FIriancbl Sctemmti in am : r.+..- - -:7 ' Airanl Report on Fortri.10=1C'onte. .paLes 120-t21:: •�.. ', ,.." «..,a..,.- -: ,�,,,� ..... a,; .,;,►.;,, 'Opexatsnj Income before depreciation and amorclnuon(O19CA) is calculated as orating income (toss) plus depreehtion and emoc tlon. ee Note 6 svyn' 's . i� i. _ .. .. - .. -- ...w �e a.. .a s +' i — -+.y . .a,R. w �a -TOTAL .V .s ,r NE r, INCOME- . RETURN- ON -EQUITY': .... •BOOK VAi L1E'PEIZ SHARE. (hiDtonty'}.-'"(Milions} _ _ i yet,. _ _ � _ y �t - SUIN $200 ,.. +. ... 20% ' "".. awy i M � - '�dy X11 'W� , •�. M' _t.yy � I* S _ P 1900 vSI50 t°'�w'T 15%'•... i4 :iIiI!. ;100:fSD - Sz . } $011111 w:wi 0% rr U. s 03 04 OS 06 07 's, .. 0] 04.' 0S" 06'' 07 ' 03 ",-04 OS:' 06 O7• 03' 04 05 06 07 4 .. _. .r. , �.. 42 Most Recent Quarter 2008 Financial Statement Page 1 of 2 1 Jul - Se 08 Ordinar Income/Expense Income OPERATING REVENUES 30837 • Public Assistance - Recovery 673,686.25 Consulting Services 5,125.00 30838 • Debris Management & Monitoring 4,487,657.27 130905 . Expense Recovered 17,927.87 Total OPERATING REVENUES 5,184,396.39 72000 . Interest Income 11,558.52 71500 • Interest -Intercompany Income 8,184.61 Total Income 5,204,139.52 Expense OPERATING EXPENSES (COST & OTHER DEDUCTIONS) OPEX - WAGES 41502 . Amortization -Restricted Stock 957.30 41251 • Awards (OPS) 17,899.00 40100 • Wages 1,435,967.32 Total OPEX - WAGES 1,454,823.62 OPEX - BENEFITS 41100 • Payroll Taxes (OPS) 118,455.04 41150 . Benefits (OPS) 45,123.71 41200. Savings Plan (OPS) 10,447.24 Total OPEX - BENEFITS 174,025.99 COST OF SALES, 49980 . Consulting Services 510.00 49792 • Debris Management & Monitoring 1,116,784.39 Public Assistance -Recovery 6,887.50 49855 . Recoverable Expenses 448,439.83 Total COST OF SALES 1,572,621.72 Total OPERATING EXPENSES (COST & OTHER DEDUCTIONS) 3,201,471.33 GENERAL & ADMIN EXPENSES SALARIES & WAGES 59845 • Amortization -Stock Options 2,877.85 59840 • Amortization -Restricted Stock 3,845.74 51600 - Awards 7,813.00 50100. Salaries 75,609.13 Total SALARIES & WAGES 90,145.72 PAYROLL TAXES & BENEFITS 51100 - Payroll Taxes 3,303.09 51200 - Benefits 2,943.00 51400- Savings Plan 1,303.14 Total PAYROLL TAXES & BENEFITS 7,549.23 TRAVEL & ENTERTAINMENT 57151 - Business Travel 45,138.25 57153 • Meals & Entertainment 1,722.89 Total TRAVEL & ENTERTAINMENT 46,861.14 43 SUPPLIES & EQUIPMENT 59500. Office Supplies 17,195.50 59300 • Dues & Subscription 6,580.29 59557 • IT Computer 35,454.04 52100 • Equipment Rent 2,006.25 Total SUPPLIES & EQUIPMENT 61,236.08 CONTRACT SERVICES 54200 - Audit and Tax (Audit and Tax) 7,000.00 54125 • Other Professional Services 27,519.61 55100 • Postage & Courier 11,507.67 54100 • Legal 712.50 Total CONTRACT SERVICES 46,739.78 RENT & UTILITIES 52200. Rent 22,121.65 52250 • Utilities 581.97 Total RENT & UTILITIES 22,703.62 COMMUNICATION 56100 • Local & Long Distance 1,594.11 56101 • Cellular/Pagers 6,001.98 56102 • Communication -Data Network 2,283.59 59950 • Communications 501.91 Total COMMUNICATION 10,381.59 OTHER EXPENSES 59740 • Relocation/Severence (Relocation/Severence) 10,305.80 59450 • General Insurance 6,060.00 59250 • Advertising/Promotion 399.14 59251 • Permits & Filing Fees 13,515.14 59600 • Doubtful Account Reserve -3,500.00 Total OTHER EXPENSES 26,780.08 MANAGEMENT FEES 54800 • Intercompany 20,000.00 Total MANAGEMENT FEES 20,000.00 Total GENERAL & ADMIN EXPENSES 332,397.24 Total Expense 3,533,868.57 Net Ordinary Income 1,670,270.95 Other Income/Expense Other Expense DEPRECIATION & AMORTIZATION 61100 - Furniture & Fixtures 399.99 65150 • Intangible Assets Amortization 434 723.00 Total DEPRECIATION & AMORTIZATION 435,122.99 INCOME TAXES 83100 • Deferred U.S. Federal Income Tax 432,537.62 83101 • Deferred State Income Taxes 44 180.38 Total INCOME TAXES 476 718.00 Total Other Expense 911,840.99 Net Other Income -911,840.99 Net Income 758 429.96 SU1.1 D !?-SOUIk(�I S k\1'rfr'A:I N1h1.'E.:[Rf.'L\iY Stars 44 Balance Sheet as of September 30, 2008 Page 1 of 2 Sep 30, 08 ASSETS Current Assets Checking/Savings 10805 •Operating Account -137,653.58 10807 • Money Market Account 883,437.99 Total Checking/Savings 745,784.41 Accounts Receivable . 11101 - Accounts Receivable 970,538.84 Total Accounts Receivable 970,538.84 Other Current Assets 11440 . AIR Unbilled Revenue 4,396,793.51 14016 • Pre -Paid Other 18,180.01 Total Other Current Assets 4,414,973.52 Total Current Assets 6,131,296.77 Fixed Assets 17006 - Furniture and Equipment (Furniture and equipment with useful life exceeding one year) 8,000.00 18006 • Accumulated Depreciation (Accumulated depreciation on equipment, buildings and improvements) -1,599.97 Total Fixed Assets 6,400.03 Other Assets 19001 • Goodwill •9,398,777.12 19138. Intangible Assets 4,242,277.00 19112. Deferred -Other 88.10 Total Other Assets 13,641,142.22 TOTAL ASSETS 19 778 839.02 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 21100 • NP Trade (Accounts Payable) 3,900.97 Total Accounts Payable 3,900.97 Other Current Liabilities 22076 - Interco - Response Management -93,461.70 23402 - Accrued - State Income Tax -288,818.00 21150 • NP - Manual Accrual 217,955.59 23101 • Accrued Wages (PR Liabilities) 871,657.68 23582 • Accrued -Awards Program 76,221.00 22001 - Intercompany-Seacor Marine 3,920,405.11 22021 - Intercompany-Seacor SMIT Inc. 20,846.61 22242 - Intercompany-Seacor Asset Manag -5,166,195.49 22243 - INTERCO - Seacor Payroll Manage (Seacor Payroll Management) 54,356.90 22259 • Intercompany - Seacor Meridian 224,001.91 22074. Intercompany- O'Brien's Group 355,297.85 Total Other Current Liabilities 192,267.46 Total Current Liabilities 196,168.43 [IIlJTI:IG3lvs 45 • • • . Long Term Liabilities 26153• Deferred -State Taxes 187,134.38 26150 . Deferred- Federal Income Tax 3,172,074.82 • 26255 • Deferred - Awards Program 10,927.00 • Total Long Term Liabilities 3,370,136.20 Total Liabilities 3,566,304.63 Equity • 29100 . Common Stock 100.00 29150 • Paid In Capital 13,009,117.52 • 29200 • Retained Earnings (Undistributed earnings of the business) 547,035.32 Net Income 2,656,281.55 Total Equity 16,212,534.39 TOTAL LIABILITIES & EQUITY 19,778,839.02 • • i • • i• i • i • • • • • • • • • • • i i • • i • • i • 46 LAFOURCHE f: tJJ �trr.L if rtl Lfl:J R P_Q. Drawer 5548 • Thibodaux, LA 70302 • Telephone 985.446.6427 ibodaux 800.634.8832 Fax 985.446.8459 • Racefand 800.794.3160 Fax 985.537.7707 'GOVE'METh NT January fig', 2009 Mr. Gary Stankovich President Solid Resources, Inc. 2201 Cantu Court, Suite 119 Sarasota, FL 34232 Subject: Hurricane Gustav FEMA DR -1786 Hurricane Ike FEMA DR -1792 On behalf of Lafourche Parish Government, we hereby recognize the outstanding efforts of the Solid Resources, Inc. response team for its performance following the subject events which affected Lafourche Parish, Louisiana during the 2008 Hurricane season. Through a review of proposals, your firm was selected as the first position monitoring contractor based on your qualifications and experience to provide management and monitoring services associated with disaster generated debris removal, in this case, totaling approximately half a million cubic yards of debris. In a timely and efficient manner following these disasters, Solid Resources, inc. had a team of professionals on site to help us establish temporary debris sites, certify trucks, and train the monitoring personnel and begin the efforts to provide services to our residents and restore our community. Critical services also included contract management, collection and disposal monitoring, invoice validation and reconciliation, and FEMA compliance and reimbursement support. We specifically recognize your willingness, cooperation, and diligence in ensuring that the needs of our local governments and citizens were met in every way possible. The projects are currently being closed out and we fully expect that Lafourche Parish will receive complete reimbursement for our eligible costs within the next couple of months. We would not hesitate to recommend Solid Resources, Inc. on any disaster recovery effort. Sincerely, ,LaMurche Parish Council ome Danos olid Waste Manager Charlotte A. Randolph Parish President Matt Matherne District. 5 Jerry Jones District I Lindel Taups District. 6 Michael Delatte District 2 Phillip Gouaux District 7 Louis Richard District 3 Rodney Doucet District. 8 Joseph Pertitta District 4 Daniel Lorraine District 9 SOLID IZI'S(:)UIZG17 47 Bibb County Engineering Department KENNETH H. SHEETS, P.E., R.L.S. COUNTY ENGINEER DAVID P. FORTSON, P.& ASSISTANT COUNTY ENGINEER SHERRIE A. SAWYER EXECUTIVE ASSISTANT Mr. Gary Stankovich, President Solid Resources, Incorporated 2201 Cantu Court, #119 Sarasota, FL 34232 780 THIRD STREET MACON, GEORGIA 31201,3282 PHONE: 478-621-6660 FAX: 478-621-6666 www.co.b$bb.ga.nb December 3, 2008 Re: FEMA 1761— DR — Mothers Day Tornado Dear Mr. Stankovich: F. CHARLES BROOKS. P.E., R.LS. ENGINEER IV WM. KEITH BRASWELL, R.L.S. ENGINEER III JEFFERY D. SMITH, E.I.T., C. P.E.S.C ENGINEER III We would like to express our gratitude for the outstanding job done by Solid Resources, Inc. providing debris monitoring services this past year in the aftermath of the Mothers Day Tornado. Your company was a vital part of the team that helped restore county operations in a timely and cost effective manner. We quickly learned that we could rely on SRI to navigate the maze of rules and regulations associated. with post -storm debris collection. Your knowledge and experience from prior events helped Bibb County avoid costly mistakes that could have prolonged the recovery process. I would certainly recommend your company to any local government in need of debris monitoring services. Yours very truly, /g - Kenneth H. Sheets, P.E., R.L.S. County Engineer S5 48 Florida Department of Transportation CHARLIE CRiS I GOVERNOR To Whom It May Concern - 605 Suwannee Street STEP11ANhE C. KOPELOUSOS Tallahassee, FL 32399-0450 5E(.RETARS' August 19, 2007 . The Florida Department of Transportation Emergency Management Program Office entered into a contractual relationship with Solid Resources Inc. (SRI) in the fall of 2005. Since that time. the SRI Team has provided FEMA Public Assistance and FHWA Emergency Relief program technical assistance consulting services to the State of Florida. including all local governments impacted by disasters since 2004. These services have included: • Preparation of Appeals for funding under FEMA's Public Assistance Program • Development and presentation of emergency recovery training to Florida State Agencies and local governments throughout the State • Development and execution of an audit of FHWA Emergency Relief Program expenditures totaling more than $500 million • Detailed Damage Inspection Report/Project Workshect Comparison for Closeouts with a value of more than $2 billion • Assisted 38 local governments with preparation of Detailed Damage Inspection Reports valued at more than $50 million • Development of Project Worksheets totaling more than $1521-nillion In addition. FDOT has utilized our contract with SRI to provide disaster recovery and emergency services to Florida Division of Emergency Management (FDEM). Under this contract SRI has assisted the State in the recovery of more than $4 billion. The SRI "Team has fulfilled each request to provide skilled and program specific expertise to ensure the State of Florida recovered all eligible funding. Team members arc competent. subject matter experts able to guide sub - grantees through the reimbursement process. Solid Resources Inc. staff members communicate clearly and effectively with all involved in the recovery process. The services provided by Solid Resources Inc. continue to enhance the State of Florida's capacity to recover from devastating events. It is with confidence that I recommend the professional emergency management services provided by Solid Resources Inc. S' cerely, 71 G [� anon E. Wheeler Imergency Coordinating Officer Florida Department of Transportation www.dot.statc.fl.us 49 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" IEB BUSH THADDEUS L. COHEN, AIA Governs Secretary April 3, 2006 To Whom It May Concern: The Florida Department of Transportation (FDOT) has historically provided force account personnel to support the Florida Division of Emergency Management (FDEM), working in conjunction with the Federal Emergency Mmagement Agency (FEMA), to assist with Florida's hurricane recovery efforts. During the 2005 hurricane season, the FDOT implemented an alternative approach with regard to providing emergency response personnel by the use of contract personnel. The awarded contractor, Solid Resources, Inc. (SRI), has been instrumental in the successful launch of this effort. The personnel provided by SRI have been professional and knowledgeable in FEMA's Public Assistance program. I was assigned to my current Area of Responsibility (AOR) just days before Hurricane Wilma made landfall. The AOR that I am responsible for covers 17 Counties in South Florida; 16 counties were affected in my AOR. During this time, there were a handful of SRI employees already assigned to assist with the recovery efforts from Hurricane Katrina in Southeast Florida; however, there was not enough personnel to support an effective response to Hurricane Wilma. Key personnel of SRI were immediately available to assist with the identification and placement of the required personnel. As a Florida -based company, the institutional knowledge that SRI possessed regarding the affected areas was invaluable and greatly assisted with providing an expeditious and efficient response to the impacted counties. Throughout the past five months, SRI 'has continued to provide proficient and specialized support to meet South Florida's growing recovery needs. I have found the SRI staff to be dependable and capable of sustaining the delicate balance of maintaining interagency relations while simultaneously protecting the interests of the People of Florida. As a manager and an emergency responder, it has been a pleasure to work with a company that displays a high level of commitment by providing quality customer service to the people that we serve and I would not hesitate to work with Solid Resources, Inc. in the future. Sincerely, Robin T. White Deputy Public Assistance Officer — Operations South Florida Division of Emergency Management 2555 SHUMARD OAK BOULEVARD, TALLA;HASSEE, FLORIDA 323992100 Phone: 850.488.84661Suncom 278.8466 FAX: 850.921.0781lSuncom 291.0781 Internet address: http:/lwww.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT FLORIDA LONG TERM RECOVERY OFFICE 2796 Ore�srn H kjtway, Suite 212 2555 Stturnard Oak Eaulevard 2555 Shumad Oak Boutward 100 Suapon Lane Marathon. FL 305G222? Tallahassee. FL 323992100 Tallahassee, FL 323992100 Orlatdo, FL 32809 rand ten. tin, ferr, age. 715A IRyrfl At 1.00Rn IaIYr1 ASR.rnan 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COLLIER COUNTY SOLID WASTE MANAGEMENT DEPARTMENT 3301 East Tainlami Trail • Building H • Naples, Florida 34112 • (239) 732-2508 • Fax (239) 774.9222 August 29, 2006 Mr. Richard Harvey Vice President Solid Resources, Incorporated 4456 Friar Tuck Lane *► Sarasota; FL 34232 Dear Mr. Harvey: We would like to express our gratitude for the excellent service that your company provided during Hurricane Wilma last year. We are very pleased with the quality of service and sincerely appreciate your responsiveness and the way you conduct business. The professionalism and efforts that you provided in removing the hurricane -related debris was exemplary. The resources used including "reliable contractors, :highly trained :personnel, equipment and technologies were exceptional. We received a positive feedback from the community including the State of Florida and FEMA, and O1G. Due in pare to your organization's professionalism and accounting of debris collected and "correct" invoicing; Collier County has received all reimbursement, allowed from FEMA and the State of Florida. Again, thank you for the opportunity to be associated with such :an excellent company and we look forward to working with you on futurg'projects. - - r Daniel R. Rodriguez, M.B. ., CFM Solid Waste .Management epartment Director C fa f G o , t y 51 afjke oflnspector Gexc►ul 'U.5. :Department of Homciend Securtty Washington, DC 20528 Homeland +4MPb�GJ� Security April 28, 2006 MEMORANDUM FOR: Scott Morris Director -FEMA's Florida Long Term Recovery Office Orlando, Florida FROM: C. !David Kimble Acting Audit Director Atlanta Field Office SUBJECT: Review ofHu►ricane Wilma Activities Collier County, Florida FEMA Disaster No. 1609 -DR -Fl. Report Number GC. -FL -06-39 We performed an interim review of costs associated with Hurricane Wilma debris -removal activities for Collier County, Florida. The objectives of the review were to determine Whether the county (1) was properly accounting -for disaster -related costs and whether such costs were eligible for funding under FEMA's public assistance program, and (2) let contracts according to federal procurement standards and FEMA guidelines; :and had adequate procedures for monitoring the activities of 'the contractors. The county received an award of $37.6 million from the Florida Department of Community Affairs, a FEMA grantee, for debris removal activities. The award ;provided funding for five projects under which the county let four contracts, as follows: Project Number•. Approved Scope of Work Amount Awarded Nttrnber of, Contracts 7 Debris Collection, Hauling, and Disposal $29,621,050 1 52 Contractor Monitoring —Collodion, Ranting and 7,187,335 1 761 Emergency Road Clean up 548,302 :1 765 Emergency enc Road Clean 1496 Contractor Monitorin Road Clean u 144,680 5111 Total S3778 4 As of March 16, 2006, the cut-off date of our review, the county had recorded expenditures of $13.3, million under the projects and had received $9,512,751 of FEMA funds. 52 We analyzed the county's accounting system and reviewed the county's contracting practices, contract documents, and monitoring procedures. We also interviewed FEMA, county, and contractor officials. We concluded that the county had an effective system for accounting for disaster -related costs. A separate cost account had been established to record project expenditures and accounting entries could be systematically traced to supporting source documents. Moreover, the county procured debris removal contracts competitively, maintained detailed contract files, and had adequate monitoring procedures for reviewing and approving debris removal activities and billings of the contractors. Because this report contains no recommendations, no actions are required. The review was conducted in conjunction with the President's Council on Integrity and Efficiency (PCIE) as part of its examination of relief efforts provided by the Federal government in the aftermath of Hurricanes Katrina and Rita. As such, a copy of the report has been forwarded to the PCIE Homeland Security Working Group, which is coordinating the Inspectors General review of this important subject. The nature and brevity of this assignment precluded the use of our normal audit protocols; therefore, this review was not conducted according to generally accepted government auditing standards. Had we followed such standards, other matters might have come to our attention. Auditors Oscar Andino and Vilmarie Serrano performed this review. Should you have any questions concerning this report, please contact me at (770) 220-5240, cc: Under Secretary for Management Acting Under Secretary for Emergency Preparedness and Response Acting Chief Financial Officer, DHS Chief Procurement Officer, DHS Audit Liaison, DHS Audit Liaisons, .FEMA Chief Financial Officer, FEMA Senior Procurement Officer, FEMA Deputy Director, Gulf Coast Recovery Florida State Coordinating Officer FEMA Regional Director, Region IV 2 53 November 7, 2005 COUNTY OF CHARLOTTE PUBLIC WORKS DIVISION 7000 Florida Street Punta Gorda, Florida 33950 Phone: (941) 575-3600 Fax: (941) 637-9265 xmnv charlottecountyf.corn --"Richard'Harvey Solid Resources, Inc. 4456 Friar Tuck Lane Sarasota, FL 34232 Subject: •Hurricane Charley Dear 'Mr. •Harvey: As we wrap up debris issues from the hurricanes of 2004, 'I want to express -my thanks loathe outstanding job done :by Solid •.Resources Inc. (SRI) in theprovision of debris imonitoring Aservices following Hurricane Charley. SRI was a vital part of the team that helped restore county operatiots'firi"a timely and cost effective manner. We quickly learned that we could rely on SRI to navigate the minefield of rules and regulations associated with ;post -storm debris collection. Your knowledge and experience from prior events helped Charlotte County avoid costly mistakes that could have prolonged the recovery process. ,, _ As the County's debris manager for Charley, I can unequivocally recommend .your.. services to local governments in need of debris monitoring expertise. Sincerely, 42 ,R. Alan Holbach, 'FPEM Maintenance &'Operatioris Manager. ' '' i... . ft : f;w. ., .' '.� if . ,..1 1��i.`���a,i�' �:�I ,\'c`.1, i i:`3L.1. O ,.1G .•jJ (:: ,,; ' {„ �..^;1f :i If J ) I :L'u LL JUL '.12 IrV1H/c.S t, .r fl (ill . i: _ Imo. ' . ;ciUc•2 .1;:fr1 l i �:;1{. (D 'J 1i. irlri ,.At. ' I ,. �: 1 copy: File 27050000 - 051101 ah OUR MISSION: To Exceed Expectations in the Delivery of Public Services I 54 Other Services Available If requested by the City of Fayetteville, Solid Resources, Inc. is able to provide the services described below and on the following pages. Comprehensive Emergency Management Plans It is highly desirable that the City has a well -structured comprehensive emergency management plan (CEMP) which identify the identities, roles and responsibilities of personnel during both the response and recovery phases of a disaster event. A CEMP developed by Solid Resources, Inc. would focus on the capabilities of the City, for all phases of emergency management such as Preparedness, Response, Recovery and Mitigation. SRI can provide reviews and gap analysis of an existing CEMP; as well as providing an annual plan review to allow the identification of any emergency management planning deficits that could be remedied through the es- tablishment of mutual aid agreements, improve coordination between departments and divisions of the City and increase partnerships with local, regional, state and federal associates. The results of annual review would be incorporated into CEMP revisions and updates accomplished by either the City or SRI. Comprehensive Mitigation Programs SRI could assist the City in developing programs, writing proposals and submitting applications for the Emer- gency Management Planning and Assistance (EMPA) Competitive Grant Program and the Hazard Mitigation Grant Program (HMGP). Additionally, thee firm can Provide assistance to the City in preparing proposals for hazard mitigation improvements to be included in restoration projects (FEMA's Section 406 HM Program) and provide information to the City concerning the availability of assistance in FEMA's Section 404 HM Program by: 1. Identifying or suggesting improvements for hazard mitigation for up to 15% of the eligible damages to be included in the scope of work in restoration Project Worksheets. 2. Identifying projects that are candidates for FEMA's pre -determined cost-effective hazard mitigation im- provements for funding up to 100% of the eligible damages in restoration projects, per the Appendix in FEMA Policy 9526.1. 3. Identifying potential hazard mitigation improvements for funding in excess of 1.00% of eligible damages in restoration projects that can be determined to be cost effective with a cost -benefit analysis. 4. Additional counseling of the County beyond initial outreach on FEMA's Section 404 HM Program for avail- able hazard mitigation funding for projects not affected by the disaster. All mitigation projects would focus on addressing the City's specific needs in helping reduce the long-term risk to life and property from all types of hazards. Cost -benefit analyses would also be provided to prioritize all po- tential projects. SRI could complete a hazard vulnerability, analysis to identify high -hazard locations and structures within the City; as well as an environmental review and risk assessment. Mitigation specialists from SRI's staff of trained professionals could be assigned to provide technical expertise and supplement City staff. 55 • Debris Management Plans Solid Resources, Inc. has completed debris management plans (DMP) for numerous governmental entities in - 1♦ eluding the Florida counties of Collier, Lee and Sumter for approval by the FEMA Region IV office in Atlanta, i Georgia. The firm is currently developing DMPs for other clients such as the City of Miami. These DMPs are ' normally prepared following the DMP outline proposed by FEMA (Public Assistance Debris Management Guide, FEMA Publication 325, July 2007, Appendix A), but other outlines as required by the City can also be accommodated. SRI could prepare a comprehensive DMP for the City of Fayetteville based on the information gathered during a Needs Assessment. The DMP will address the City's ability to respond to a disaster event based on personnel • and equipment; and be consistent with the City's Comprehensive Emergency Management Plan. The DMP will address the management and operational structures needed to prepare for, respond to and recover from either a • natural or man-made (terrorist) debris -generating disaster event for a `cradle -to -grave' disaster debris removal i and disposal operation. The DMP will contain approaches and procedures to complete accurate debris forecast- ing; monitoring of debris removal operations; debris management collection strategies based on the severity of • the event; the identification and operation of debris management sites including debris reduction and recycling • options; complete debris removal and demolition procedures from private roads and gated communities; safety policies and requirements and tools for an effective information program to disseminate updates on the progress of the debris removal operations to the general public and the media. To increase the operational usefulness of the DMP, SRI would provide an electronic version of the plan as well • as paper copies, so that distribution of the DMP to all City employees is simplified. Additionally, the document will be formatted so that all sections, subsections and appendices are connected by hyperlinks. In this type of • format, any City staff using the document on a desktop or laptop computer will be able to instantly move to any • specific section desired; such as the organizational chart, point of contact listing, debris management site maps • and layouts, appendices etc. This format design has been enthusiastically endorsed by previous clients as it pro- vides an efficient method for locating specific topics of interest within the debris management plan. . Following acceptance of a DMP by FEMA and pre -qualification of two debris removal contractors, the City will qualify for participation in the Public Assistance Pilot Program's Increased Federal Share Incentive. The incentives available to the City are summarized below: • . FEMA will provide grants on the basis of estimates for large projects up to $500,000. FEMA will provide an additional five percent Federal cost share, not to exceed 100 percent, to applicants that have a FEMA-approved debris management plan and at least two pre -qualified debris removal contrac- • tors identified prior to a disaster. FEMA will allow applicant to retain any revenue from the salvage value of recyclable disaster debris as an incentive to recycle debris. • FEMA will reimburse the straight- or regular -time salaries and benefits of an applicant's permanently em- ployed staff that performs debris -related activities. • FEMA Public Assistance Program Services i • Disaster Relief Coordination with Federal Agencies SRI will assist the City in obtaining FEMA's immediate coordination with other Federal agencies having disas= i ter relief programs, such as the Federal Highway Administration (FWHA) for federal -aid roads, Natural Re- sources Conservation Service (NRCS) for drainage areas; the U.S. Army Corps of Engineers USACE) for i 56 i • • navigable waterways, beaches, shorelines and flood control facilities; the Department of Housing & Urban De- velopment (HUD) for housing projects and the U.S. Fish & Wildlife Service. The purpose of this coordination • is to ensure that the City receives all Disaster Specific Guidance statements to provide clarification in the ad- O ministration of FEMA's Public Assistance program regarding FEMA's limitation of assistance, due to Stafford Act restrictions against duplication of benefits; determination as to which Federal disaster programs are applica- O ble to State and local governments regarding debris removal, and maintaining incontrovertible eligibility for res- toration work projects for the event. • • Public Assistance (PA) Program Application • SRI could assist the City during and after the State Applicants' Briefing to determine program eligibility, in identifying reimbursable recovery costs and to otherwise assist in filing a Request for Public Assistance (RPA) within 30 days of the Disaster Declaration Date or within an extended deadline as requested by the City and ap- • proved by FEMA. Funding Assistance SRI can assist initially with an initiative to secure Immediate Needs Funding by developing a debris quantity • estimate along with FEMA staff, preparing estimated project worksheets for the entire debris removal project, • and providing FEMA with actual cost documentation during the project to facilitate the flow of reimbursement funds. • Recovery Program Technical Approach • SRI could provide technical assistance to the City in optimizing the provision of federal disaster relief activities and expense reimbursements under the Stafford Act (as amended), for events that may be declared as Disasters, Emergencies or Fires consistent with all applicable laws, regulations, and FEMA policies. Preliminary Damage Assessment (PDA) SRI could assist City in the accumulation of damage assessment estimates of the disaster losses at the local level after the impact of a disaster event, for the purpose of determining whether the Governor should, under the Staf- • ford Act, request a Disaster Declaration by the President for the various FEMA Public Assistance, Individual • Assistance or Hazard Mitigation Programs, by coordinating with Federal, State and local officials to determine methods of: 1. Obtaining a count and cost estimates of destroyed or damaged residences and businesses within the affected communities. i 2. Determining preliminary cost estimates for removal of widespread disaster -related debris that affects the public health and safety and the economic recovery of the community. • 3. Estimating the extraordinary costs for governmental emergency protective measures for lessening the imme- • diate threat to the public health/safety or to improved property. • 4. Estimating the extent of damages to the governmental infrastructure of roads/bridges, water control facili- ties, buildings/equipment, utility systems, and other publicly -owned facilities and systems (e.g., recreational, • marine, or improved/maintained natural features such as beaches that are not federally -assisted). • O PA Program Kickoff Meetings • SRI could assist City in the FEMA Kickoff Meeting to provide initial program guidance to individual depart- ments concerning eligible emergency work (debris removal and emergency protective measures) and permanent work (infrastructure repair and/or replacement) categories of reimbursement assistance, including requirements • for estimated or actual cost documentation needed for the formulation of Project Worksheets. i • 57 i Provision of Recovery Staffing • SRI could identify staffing needs for support of the various FEMA Individual Assistance and Public Assistance Recovery Programs, such as: ■ Public Assistance Coordinators (PAC) and Project Officers (PO) for program management functions such O as the City departmental coordination and coordination of other administrative areas. ■ PACs to be assigned to geographical areas to supervise assigned FEMA or State Project Officers. • ■ Pos to be assigned to geographical or category of work program function areas to assist the City in the de- velopment of program grants. . ■ Other technical personnel such as Insurance Specialists, Hazard Mitigation Specialists and Special Consid- eration Specialists to assist in the development, approval, and formulation and administration of the FEMA Project Worksheets. O FEMA/State Inspection Team SRI could provide representation for the City to participate in assigned inspection teams in the development of Project Worksheets for FEMA grant assistance and to otherwise assist the City , as necessary, to: 1. Identify general scopes of work for emergency work projects (debris removal and emergency protective • measures) and provide a damaged facilities listing (including building number, address, GPS coordinates, brief damage description, and contact names/phone number) for which the City seeks disaster grant assis- • Lance, within 60 days of the Kickoff Meeting, or within an extended deadline as requested by the City and approved by FEMA. 2. Formulate Large and Small Projects, in the most advantageous manner to the City to facilitate grant admin- istrative ease, including budgetary considerations, by combining project work sites or grant objectives on the basis of performance of work by contracting or force account completion, insurance coverage, anticipated . completion dates, separation of work pending eligibility issues, and/or for meeting the minimum require- ments for project funding. • 3. Draft proposed PWs for the Small Project Validation Process, if selected by the City, for presentation within O 60 days of the Kickoff Meeting. 4. Prepare estimated and/or actual cost documentation for presentation in the development of Large Project . PWs, and for Small Project Worksheets that are not submitted in the Small Project Validation Process, in- cluding documentation of actual costs for the selected 72 -hour 100% FEMA-eligible period, if applicable. i 5. Provide all necessary documentation to establish project eligibility, as required, for the City's responsibility for the work, damages caused by the disaster, maintenance records, applicable insurance coverage or neces- sary insurance commitments, and other issues for consideration under the Stafford Act, the FEMA Regula- tions to implement the Act and established FEMA policies and program guidance. • 6. Assure proper and timely application to the appropriate Federal program to obtain relief and to avoid violat- ing the FEMA duplication of benefits restriction for assistance, in particular regarding debris removal from • Federal -aid highways and flood control facilities. • 7. Determine when it is appropriate for the City to sign the FEMA exit interview after the submission and entry in the FEMA National Emergency Management Information System database (NEMIS) of all initial Project • Worksheets in each category of eligible work. i • Initial State Review of Project Worksheets (PW) During the FEMA PW approval process, SRI could provide assistance in the State and FEMA review, inspect- ing for processing errors that need correction (category of work, line item entries, or special consideration com- • ments, etc.) and to identify potential issues for disputed eligibility regarding FEMA assistance for: i i i 58 O 1. Determining and/or clarifying the specific reason for a recommended denial of assistance to be entered in the PW comments. 2. Initiating a dispute resolution process, when appropriate, to obtain further documentation or clarification O from the City to justify eligibility. 3. Recommending Grantee and sub -Grantee comments to be entered on the Project Worksheet regarding dis- puted eligibility. s Monitoring of FEMA and State Grant Databases . SRI could provide assistance to the City in monitoring the progress of Project Worksheets (PW) that are entered in FEMA's National Emergency Management Information System (NEMIS) database and the State of Arkan- sas' administrative computer database by: 1. Maintaining a log of submitted PWs for FEMA data entry in NEMIS, assuring that all submitted PWs are entered, inspecting for duplicate PW entries for necessary de -obligations, and providing necessary follow-up to assure that PWs are timely processed. • 2. Assuring that all FEMA actions on PWs are downloaded into the State's database timely and correctly, as- Suring that all PW-related actions are properly filed, and developing other quality control procedures neces- sary for proper administration of the PA Program and payment of funds to the City. i Interim Inspections for New PW Versions SRI could assist the City for eligible project modifications in the submission of subsequent PW versions for: • 1. Large Projects when correction of the damage description or scope of work is necessary due to newly dis- covered damages and/or for revised cost estimates for completion of the necessary scope of work when the City can document the anticipated actual cost resulting in a project cost overrun. 2. Small Projects for corrections due to calculation errors, necessary changes in scope of work, and docu- mented revised cost estimates that would change the project status to a Large Project. • 3. Improved Project status with limitation of project funding to the original estimate when the City desires to improve the project, or some portion of the project, beyond the restoration to the original design/function including compliance to codes and standards and authorized hazard mitigation improvements. O 4. An Alternate Project, with reduced funding, when the City determines that it is not in the public interest to • restore the original damaged facilities. 5. A proposed relocation of the project to reduce the vulnerability of the damaged facility to future disaster damages of the same type. 6. A re -submission of denied project costs, in an informal dispute resolution to avoid an unnecessary appeal, • when it can be readily clarified that the costs are eligible. 7. Submission of a request for additional costs for a project when it was noted in the PW version 0 that cost • documentation was not available at time of initial submission. • Final Inspection for Project Closeout SRI may assist the City in a Large Project closeout after work is completed to adjust the final project funding amount to actual costs by: • 1. Identifying Large Projects that will require final inspection (PW projects with total funding of all PW ver- sions in excess of the Large Project Threshold and PWs with damages in excess of the Large Project Thresh- + old involving insurance recovery). O 2. Monitoring the City's Quarterly Reports to determine project completion dates and assisting the City to re- quest final inspection as soon as practicable thereafter, including preparation of actual cost documentation, • applicable insurance recovery documentation, and the final inspection checklist. 3. Assisting FEMA and the State with the final inspection of the completed work and actual cost documenta- tion, including the preparation of the Final Inspection Report and Final PW for cost overruns or underruns as applicable. S 59 4. After the City's completion of all Small Projects involving insurance recovery reductions, assist the City in requesting an insurance reconciliation inspection for the purpose of adjusting the project funding to reflect actual insurance reductions. 5. After the City's completion of all Small Projects, conduct a Small Project Completion review and assist the City in determining whether to appeal for a net Small Project Overrun funding; and, if so, assist the City in documenting actual Small Project costs and requesting a Small Project Overrun Inspection. Project Time Extensions SRI could support the City in requesting and obtaining approvals of time extensions for completion of Project Worksheets (PW) for which the work will not be completed by the statutory deadline, or by extended deadlines, of 6 months after a Declaration Date (emergency work PWs) and 1.8 months after the Declaration Date (permanent work PWs) by: 1. Monitoring the City's Quarterly Reports for anticipated project completion dates. 2. Advising on justification requirements for project time extensions. 3. Reviewing and perfecting the City's project time extension requests. 4. Making recommendations regarding approvals of time extension requests. Appeals and Audits Solid Resources, Inc. could provide assistance to the City during audit procedures, particularly exit interviews, to assure that both the City and the auditors fully understand the PA program eligibilities and operation, in order to minimize the potential for audit exceptions to the provided relief and to assist Applicants in justifying claimed costs within program guidelines. SRI could assist the City with professional expertise and guidance prior to, during and after a financial review or audit conducted by the FEMA Office of the Inspector General (OIG). The services provided include but are not limited to, documentation review, analysis of procurement and accounting procedures, and the evaluation of the findings and recommendations of the OIG, Project Worksheet preparation and review based on the results of an audit, and, when necessary, the appeal of an audit report issued by the OIG. Public Information Support Solid Resources, Inc. could provide regular status updates to the City's Debris Manager for public information use. SRI can provide public communications capabilities to assist the City's mission readiness with in-depth governmental communications expertise. Public Service Announcements,from an on -the -front -lines perspective help to craft and deliver a truly effective public communication package designed to inform all concerned par- ties in the event of an emergency. SRI can also provide training for emergency preparedness to help establish communications protocol, authorized media contacts and an information flow chart. Training SRI could provide a specialized workshop for training the City's personnel, such as the financial director, ac- counting staff and other operations managers, as to what the City can do to preposition itself in order to maxi- mize cost reimbursements and streamline accounting procedures. This training will focus on actions to address the accounting/budgeting challenges that arise from a storm event. Topics may include disaster account segrega- tion, documentation and audit system designed to meet federal grant reimbursement requirements. Other train- ing topics that can be provided include situational awareness, decision -making and continuity of support (in conjunction with existing emergency plans). Additional Requests Solid Resources, Inc. is prepared to provide whatever types of emergency management reports and data that may be necessary to assist the City with successful reimbursement of all eligible disaster -related expenses and insurance disbursements. 60 . . . . . i . . . . i . . i . . i . . . i . . . . . i i • . . . . . . . State of Florida Department of State I certify from the records of this office that SOLID RESOURCES, INC. is a corporation organized under the laws of the State of Florida, filed on July 7, 2000. The document number of this corporation is P00000066042. I further certify that said corporation has paid all fees due this office through December 31, 2008, that its most recent annual report was filed on February 19, 2008, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Twentieth day of February, 2008 Secretary of State Authentication ID: 500118434925-022008-P00000066042 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. www.sunbiiz.org/auth.html 61 . . . . . . . . . . . . . .. . . . . . . . . . . S . . . . . . . . . • . . . . . . 2007-08 SARASOTA COUNTY LOCAL BUSINESS TAX RECEIPT ACCOUNT NO. THIS TAX DOES NOT ASSURE QUALITY OF WORK OR CONFIRM THAT REGULATORY OR 3904700025690 ZONING REQUIREMENTS HAVE BEEN MET. IT IS THE OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE. MACHINES ROOMS SEATS EMPLOYEES 5 BUSINESS TYPE 390470 RECYCLING SERVICE BUSINESS 2201 CANTU COURT STE 119 ADDRESS SARASOTA uninc FL 34232.0000 SOLID RESOURCES INC 2201 CANTU COURT 0119 SARASOTA. FL 34232-0000 MUST BE DISPLAYED IN A CONSPICUOUS PLACE VALID UNTIL 1011/08 PAID -6091740.0001-0001 HSP 0912012007 14.43 ACTIVE BARBARA FORD-COATES, TAX COLLECTOR 101 S. WASHINGTON BLVD., SARASOTA, FL 34236.6993 (941) 861-8300 _ 62 BENFIELD 0 CMIF1CATE OF UABILITY INSURANCE IMlOCMF.P: Htn+FtFl iit`.[ttn'G,1•! r:L r,p4 1.i N Y:II IY. H a i+, c.,ii,- It 7 n$- l iK V� :4AY ki L' Ic ,:L$i.WA.I�i.1i)• n11LYiV+1IrJVUNLY:.HUtJMILH N1 JeHTE UP JH T1+ECClTMY.ATt 1, I!A. I•I3i Ii III R N. U1P J1 APAE1 D EKTFT,ri.:IRiu 1ttl titr,ythrL111 i11iC?IIL►_t;Ljy IIII:IrJJ:;L•5 dLLL'ww. CDMPP tln JLFinatnL+t>s64ti'F.RAGa afA: e NA:ON?',.LII.ULI-Y!ltC-n C h's_4iMlCMWANf vCfA' Jls. iVSIF t'lL'cN'Y,rn•AC,;�U►i4q:GrCfATtnY mtMPRc Gli Ill f+f y^.i iI �+. 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E 1f113Cn'I EAt;H r< LMREMi e f• 1 N fl 1+i FI C+tAdGE;IViYC{r£FIRS I ffxRti• I'• EXNYClIkPR14994; T it ht,iOMODtLC UIeiL4TY AN ALTO 511 CY HO iUTti73 ZMKOJUM-%UTIC-&I Y 111DaUT J1 HOtl Gw'l,%D J:!JTO.5 C.'A .4.4rn1 Ts•-412►.I:r WN!XE U?'AEINETaflh .=_tlLlT.k.wh! $ _,1hr1 13L'{il_S4IUe c l:ncnl IL? l4LIIJR` }xrnrf.LlpY; C rEMXCWSqMREUA L1AEtLITY s.A1AR.YwtF E] a -.r lfi j EA,-Irfk__ 'F)U'FnF fif UN�Cf-LyitlG I D U.'$LCMQlHOREc $Ak{iQTI WCIFuEIci {0n li'ilac X ^T4TlRtaf#'d� CI1lI H F 1NQiiCER9CDtiALh!tklnlriAin EYt�E YER3 IJI tL.I Y T14F^fl:li4ll 17Cfis'Ii11tI.14. I;L''uhH_': �.LLs=i' L,".Wt)ru U:FAtNIMM INIMIT_ 11; 1:e, I;r. . XI S"a1U10RY` ,in ci -s 1,CA7�?J LL-Ut L E - V-eC41 EVP",EF E 3.f1!1i,AY• EL i) SFM14 Po1Y LIAR' $ D'Fl.[iA I IFUMPAC""UpmLoinow"o ma,•':n; _ xtr.Xe L1t`tA}A'U,aG W.L.R IrFI I.1 I�N�7F ERA7 LDCATIO1 .ICLw4r'EICIALiTLiii0 5y,�•ETCE OF INEUP .H:E E HCLDiii CANCLLlA710t1 S7iUL':L-o.,4"C3F T1•'F. A, rvr-n=.crnnrncI furl f.fi.I_.l'( fU11e I' L I:7fPF1.•.TCNDA-ETrtiRECF.Iii = 114115tI IJ;l19 d.NV LYII.I.LVt.IV4Il TOPAMLY.• IC :Y -W4 7MIS Pc —::cc' LA%'?U%VFYTTFN'1C'VIF M.11 f,=Mnf;ATtITI[fj'4Vll_:ill 11r' LEc- Et.11 =.Si!JRa i'C! IIt1_ RLf.H I4CT!' F R -J J INIY i` 1I ;RR +.T13N Oil UhfJIJTi D' ANY KIH, IJFC7 THE f4 ltW{ti V. r;. M':fI.1 ;L`C. 1 rp11 J. 1iI. n E .AUT4IORIZEJ7 REP.R£91ITA11VI≤ 63 . . . . . . . . . . . . . . . . . . . FEMA l�J US Department of Transportonon Federal Highway administration 0 MRCS 1J US Army Corps �. it Engineers Prepared for THE CITY OF FAYETTEVILLE, ARKANSAS February 17, 2009 2:00 p.m. CST N j � r ARKANSAS Prepared by: SOLID 0 RESOURCES INC EN%'1R w! I1 N IAE & E�-ti i t, v� ) St1tvrirts A wholly -owned subsidiary of 400'BRIEN'S RESPONSE MANAGEMENT Comprehensive assistance with FEMA, FHWA, NRCS and USACE related disaster reimbursement funding projects lift w/ vd-o5 s'c) BOND NUMBER: K07891040 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Solid Resources, Inc. RECEIVED p FEB23un r y j (Here insert full name and address or legal title d Contractor) as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) Westchester Fire Insurance Company as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title ci Owner) City of Fayetteville, Arkansas as Obligee, hereinafter called Owner, in the amount of Four Hundred Eighty Three Thousand Six Hundred Ninety and no/cents---- Dollars ( $483,690.00 }, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated ��'��` 20, aOO9 ,enteredintoaeontractwithCwrerfor (Here insert full name, address and description of project) Storm Debris Monitoring Services RFP 09-05 in accordance with Drawings and Specifications prepared by (Here insert full name and address er legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. This bond farm complies with the requirements of American institute of Architects form AIA document A311 1 Performance Bond NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of t %o (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. Signed and sealed this 19th day of February - i(ness) I1?frU/T&, Witness) requirements of American 20 09 Solid Resources, Inc. ( ipa (Sea]) �aPcr5 ac eI T (Title) Westchester Fire Insurance Company Sur=y eat rr Shari K Welborn, Attorney -In -Fad of Architects form AIA document A311 " ,ter - 2 BOND NUMBER: K07891040 Labor and Material Payment Bond THIS BOND IS ISSUEDSIMULTANEOUSLYWTTH PERFORMANCE BOND IN FAVOR OFTHE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OFTHE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address ar legal title of Contractor) Solid Resources, Inc. as Principal, hereinafter called Contractor, and, (Here insert full name and address a legal titled Surety) Westchester Fire Insurance Company as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Fayetteville, Arkansas as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Four Hundred Eighty Three Thousand Six Hundred Ninety and nolcents--- (Here Insert a sum equal to at least one-half of the contract price) Dollars ( $483,690.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated /V ' h y 20, -7 ,entered into a contract with Owner for (Here insert full name, address and description of pro ed) Storm Debris Monitoring Services REP 09-05 in accordance with Drawings and Specifications prepared by (Here insert full name end address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ThIs bond form complies with the requ€rements of American Institute of Architects form AIA document A311 '` ` (� - ' , ki 1 ' ]tgvS Labor and Material Payment Bond NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the. date on which Principal ceased Work on said Contract, it being understood, however, that it any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond Signed and sealed this 19th day of February itness) 20 09 Solid Resources nc, rncipap (Seal) r�St O�►✓ (litie) Westchester Fire Insurance Company r' ____________ (Witness) '' ,. it Sc }Fi (Title) w, Shari K Welborn, Attorney -In -Fact ;`� ` 4% This bond form complies with the requirements of American Institute of Architects form AIA document A311 ;r;.�•\` � ,��� t s^ PowerI 'WESTCHFSTER FiRF INSURANCE COMPANY l f, ` �` Y 1280771 Attorney TL'P-' ,'13��. 6 a.J'- l / .'IVs ..`f inKniiw aU;flTen by these presents: `Thad .ES7CIIES ER FJRE i1VS1)RANCE COMPANY , a.coiporation:of the Stale ofTfew York hgving its f tinclpaI of ec in the City of Atlanta Georgia } pu>:suarit # the following Re`sfftslution adopted by the Board of Directors of thesaid Company onOecet`er 11; 2006 to '` 'ft �:� ,r%l x'11 (f � _,.� ., I}.,r -,"i'•' •' dS it'-tRRt SOLVED; that rho follawut aUthoreaati Ions rcate tolfie c feeutron for and an beitlif of the Comptuy of bards ttnderenktags, r o rrrmnca, eonuaeusmd other wr itch tomm[ements or the Company entered Inw the om Mr r :sAr of b4irteafeacl a'Wnnep Coins:. test i� .' r: Z -• \ . ' ` \�' t>. / (I) E&t fif.thh t$aitunad, the Prenideni and the Vice Pnmideiu Hof the lany. id herr3y, itthontcd to CO Data airy Wrltteu,Camtniuntut far and an behalf of the Company, under the neat of the Cootpeny en otheru'tse.. 4 &it Alily appointed attorney -;n -fact of the Coetrpanyis itenaby aiitheiized to exetute unv 41'titian f(.ummnmcatar and on behalf of the Company under the seat of the Company or odierinat tot a extear ilw loch fi - e6too is a.141onrcd try the gartt of P� era gronded7rz m oath permes tt*tttra appataut:mt as lr.cl e1la.aly-ii-fael.- •� ... ' . ' . w `: ,r "> ✓;; •ar]rli of ahe,Cha:rman. the-PrcSidenl and the Vice Presidents of the Company is hereby wt6An2ed, fo grid an behalf ofthe ompaoy.'io appoint m�wr5ting anny p=' otrthe mtomey-iri-fact of theCompa i'with full'pp 'adil <utlj'prlty'tp geeurn for imd onbdhilrof the Catripady'luder?thc seal df rho Companysr eaher wa. seas Wrrtten'Cammitmems attire Company m may be specifies to ouch wntten appatniment whrcn Epectftc{titan - • may be by gaveratlype or'r ass of Wretch Commitmmtsor by spwiAtu an of rrc or m'xt: pmuru r-WriLLea Camm:tromti I -- r - i.. r .. - • f /. .•.(4.) { adsofIlteCbararan,lhePresrdmt'sadYta'Ptotrian afshe 'C.osupanyiaherebyadthorizcdfarand nlfrhalfoftha`Canipaay,tbdcica(emwnrfngtoonyothatotlieerofthe Compenytheau7lronrymescecuinfor �. ... r and m 6rhalGQf tbeCoritp®y under the C,amp'sadal hr ottiaivtse such tVnZrmSnn,aSitmNitipf the t:,a�polny as are apeCified in such aTlur-0 delegation; which spaifitaticn may be bygeaertid type one claw of j lAwratttr dot m5itnetSta of by spot f[datian of onlmr more pastltultq Wereo Cnmsrtaeno 4 I t j mow` '.4 f - ()• : The (ign1ltore of oily ofllerr ar.olhef y aoa'eaeCritfr5g any Written Conjnmitrirentnr eppatotmati at nalegation polsuattt toltus•lteaolution, and the seal of.the Company, may he afftoed by facsimile on such Wnnns - I r Qitamtttetat or wnren appa.ntaucat of do e1a4on, .- . I " r ' . . rt - FtfAFEitutR $OLv D, that the foregoing Re3alvum ahtlt nothc awned to be an czclusiv stataiitlti 6f rhepowm and arthoiity of officers, adployas and other prxtons to act for and an be*,alf of the CCrdpany and, . wihStsola'aaas)i►7Euerlwi[or-arltei�vefeafSoetttiei=ercisedfsmysoch7Mr'�oreuNor[synthsr-W=validtyC=IedwvcMed.- - ? y. :. / •� ; _- t r . n, I'-, -- r -r tttJR77ti3a'IIE50LVED; dint The Rosolut,onf t7ic'8o¢rd of Direetofsaf rho Company eiidptetltdlhe Meeting held pa Noiember b, 1999 reteung to me.authmtrau an ofecxtara personate C .. ate, foe and on bcnex! of 1f Wnrn Commnetsaoolppo.aunrtiasad deuons,staco,ttsruded % ,` . J - Ljc iH•I/L , [aloes hereby nminate, constitute anti appoint CiIAIG R PA'YNE, MARGARET DAVIS JOYCE A' WORGE SHARI K. WELBORN J!~FFJ 1~Y I ;fB OYL£5; >` f CH RLES W. I LOB 1tG arid REBLCCA•GW)'l�lN all of die City of Po'ttland, $(ate of Or`egbn ; each individually if there he note than one named Its true: and lawful eitorrrey-ia:`fa t;.fo.make;;cxecute,:scal.and deliver Ott its ,behalf ,.and -as Its act and deed any and all bonds .undettaking5;_reepgnt antes, cpnirat ts; r. ' f+`? altd other writings in the nature thereof in penalties not exceeding TenMillion Dollars (310,000,000) and the execution of such wrungs in pursuitnee of. Tese'presents -shall be as binding tlfft]fr.s id Company as fully and amply as if they had been duly executed andackowledged by the regularly -elected r yam; tofltcers of the Company at its pnncrpal office ' C, " ' IN.WTT ES$ W+HtREOF 'dtt-said Stephen M, Taney . Vice -President, has:herdtinto subscribed his name and afxed the corporate said WESTCHESTER FJRF INSURANCE COMPANY this 30th day of October 2008 t t , ' r r W)r STCHESTtr1i FIRE INSURA�vC COMPANY I ,� • !r ail � t� +. `�C �: � }�,� P. �� -` `\RiIpCB . ^ ! 1. ' �i / Stephen M. Haney ; Vice Presidefll ` COMMONWt-ALfH OF PhN!�SYI.VAAlA : �� . ; <. ` . COUNTY or PHILADEL.PHiA IL", ss. n this f .. 1?.,, �. r` ..I On 30th day of October; W D 200$ b`efOre me,'a_Notary Public Of the Commonwealth of PerinSylvania' on and for the County of Philadelphia a y s ' came Stephen M Haney Vice -President of the %VSTCHESTER FIRI, INSt7RANCE'COMPMsY• tome parsonally'lnow n to be the intltvtdual and fFri !offie who executed the preceding instrument .arid he aektiowledgedthat he eSteeuted the same, and that the seal .affixed to the:.praceding instrument is the fit , : corpi-ote seal bf said Conlparty ,,ffiat the said corporatesealrind his signature were duly.:.afUxcd by the authority and direction of the said corporation, and #ir. Vii' that Resdlution adopted by the Board of Direetots-of saidCompany, referred to in thepreceding unstrumeni;.is:now in torte - ham; `. 1N •TESTIMONY VV.HER£OF`I have ltereuntp set -my .band dttd affixed my official seal at the City of Philadelphia the day and year that above written.;; ' ,rte r rr - / _ ✓CQ .% l1� a �l� VA� - �y ��= `� ".; ✓I lit ,.,_ 4.Sb ti � I� II NOTARIAILSEJtt. i- r 'i ,. risir 4. r. t n ! 'rt` ,• .C EJ y \"��I�'\�I► „4a : iibfi`� r +" - , ... ; f y j'\ottary Public . i it yi i+ i j`j'/f/'1 il4i. 'T/. /. ,. '-r- r +++���� .3 r ' t : ♦ * I 'i ice\ -. [ti `� ,� tier ` ` \ lam \ j - ° Ilr ii �J �,, I j% � i 1 ,J ( 't _ •r I 'I ��%,I If- `� t c�,.. /ti : Ili r 1:.. i r { the undersigned Assistant Seerefar of W tiS f C ES F t FIRE 1NSUR kNCF COMPANY do tterebyJdeitifj that the original PQWEF2 OF 1' 1 ATTORNEY of which the foregoing is a substariti311y true and gotrect copy is in full force and effect ` t i i , It '- f ✓j ` r ], In witness wheieof, I have hereunto sub$crubed my}name as Assistant Secretary, and affixed the corporate seal of the Corporation, thls:J 9 t I day r . R-.. r,' of .FebrtarY. •�,QQ.9 `•k -f ✓�_ lJ^':,",1tt� -al ~ .. a, ,'i ' { _ ��' C-: `c, a -a� �\ -\`a ' _\\ : t. - ;''�~r i, � �.� \- .� : r : b `'- ' Try�0 ..e.a, is '' _ .. ice i :, rfl, �x��i`♦ ' . li 1 -4 -r.. r'�. aril i..� .. - ,� tl 'r"y. J': ��..'� �''if _���, :'/.� i / J C % , LIE �: •,.. ., �" .r� "3 - �y o° n L 3 �- �+ r William E. Kelly Assistant Sr mmry '':�� �� �.y •'� 1 `1r .iG,J ,./3. ? I',_ t"f I{` ~rk-. _iI,ic. ., - - t� ,.s P-5 _ /' t['.r r` �\�• IY �\lf ✓:. r � l ',.I � I r L` %(. r .lei � V1 �tV 4� J� i•-'a�. 1'_'. � � i �. �a'�_.. + I+r iHl$ POWFR OF A17O Y MAY J�1O1 BE.SED T(t t 1 6 W IT+1 AN,fNC£PTION DATE nFl E% Qcto'r 30,2010.-. , l -rrFl .. +f, , , t FfJ 0 THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES 0 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. A 003137443 Please look for the following additional security features before accepting this document. IF NOT PRESENT, DO NOT NEGOTIATE THE DOCUMENT. • Laid lines on the back of document should be in alignment or the document is not authentic - watch for cut and paste. • Microprinting - under magnification, the inside border on the front of this document should read! "Standard Register Standardized Security". • Thermochromic Ink - Standard Register mark on back of document fades from blue to clear when heat is applied. • An Artificial Watermark is present and is viewable at an angle. • Security void pattern on front'f copied. , c.anr rd Req, : aTe' CERTIFICATE OF LIABILITY INSURANCE AwSPECIALTY 91141,2nno PRODUCER: Mn Specialty 199 Water Street, 3DI1 Floor New York, NY 10038 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A NATIONAL LIABILITY AND FIRE INSURANCE COMPANY COI ANY B NATIONAL UNION INSURANCE COMPANY INSURED; SOLID RESOURCES, INC. 2201 Cantu Court, Suite 119 Sarasota, FL $4232 COMPANY C COMPANY D COMPANY E UNITED STATES FIDELITY AND GUARANTY CO. COMPANY F COMPANY G COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCES LISTED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t.CI L TYPE OF eR•.UIN4CE PCUCYMNISER voLICY EFFEViNE DATE IMAO0 POL Y EXF1RAnJON DATEQ4M.VWYY1 LIL1rrS A GENERAL LIABILITY X COMMERCIAL GENERAL LIAB. CLAIMS MADE Q OCCUR. OWNER'S & CONTRACTOR'S PROT. LNY-00052.2008 4!812D08 4181200E GENERAL AGGREGATE $ 2,000.000 PRODUCTS-COMPIOP AGG S 1,000,000 PERSONAL & ADV INJURY S 1.000,000 EACH OCCURRENCE S 1,000.000 FIRE DAMAGE ANY ONE FIRE) S 50,000 MED. EXP. (ANY ONE PERSON) S 5,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS CA 720-3370 5/312008 5/312009 COMBINED SINGLE LIMIT (each) $ 1.000,000 BODILY INJURY (per rson} BODILY INJURY (per accident) PROPERTY DAMAGE (per accident C EXCESSIUMBRELLA LIABILITY CLAIMS MADE ❑ OCCUR. EACH OCCURRENCE EXCESS OF UNDERLYING 0 U.S. LONGSHORE & HARBOR WORKERS (Compensation Risks Xl STATUTORY OTHER E WORKERSCOMPENSATION AND EMPLOYERS LIABILITY THE PROPRIETOR / PARTNERS I EXECUTIVE OFFICERS ARE: INCLUDED EXCLUDED 0274W00617 10/112006 1011f2009 X STATUTORY OTHER EL EACH ACCIDENT S 500,000 EL DISEASE - EACH EMPLOYEE $ 500,000 EL DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!SPECIAL ITEMS: City of Fayettevole Is an a0diEionai insured on GL and AL as respects tile operations oI Solid Resources, Inc, as required by written contract. A waiver of subrogalion is granted on GL and At. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THEISSUING COMPANY WILL ENDEAVOR TO MAIL 30 City of Fayeltevllle DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT 113W. Mauniain FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Fayetteviie, AR 72701 ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Jtvice BY; r �5 City of Fayetteville Staff Review Form s./ /1 /1i City Council Agenda Items / Cc1i and beso f ri'�j Contracts, Leases or Agreements,th• Y r C , &7Z a[ �y CityCouncil Meet g Date Agenda Items Only Terry Gulley Submitted By Transportation Division Transportation Services Department Action Required: Approval of Change Order #1 to Contract Number 2076 with Solid Resources, Inc. to increase the contract amount by $96,914.00 authorizing the use of contingency approved by Resolution No. 46-09. $ 96,914.00 Cost of this request 4270 9280. 531400 Account Number 09010 1 0901 Project Number Budgeted Item X 4,000,000.00 ICE FEMA (2009 Ice Storm Reimb) Category / Project Budget $ 2,903,401.54 Funds Used to Date $ 1, 096, 598.46 Remaining Balance Budget Adjustment Attached c7AJ ____ Department D' ector Date rT fi [Jt�Li '. ( ,i, City Attorney Date -a c- I 3_3�--ter Finance and Internal Services Director Date Comments: Program Category 1 Project Name Ice Storm 2009 Program 1 Project Category Name Replacement & Disaster Recovery Fund Name Previous Ordinance or Resolution # 46-09 Original Contract Date: 2/18/2009 Original Contract Number: 2076 Received in City Clerk's Office f l M7 Received in fN Mayors Office Revised January 15, 2009 aye ey.,le THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff From: Terry Gulley, Transportation Services Director Date: March 30, 2009 Subject: Approval of Change Order #1 to Contract Number 2076 with Solid Resources, Inc. to increase the contract amount by $96,914.00 authorizing the use of contingency approved by Resolution No. 46-09. RECOMMENDATION Staff recommends approval of Change Order #1 to Contract Number 2076 with Solid Resources, Inc. to increase the contract amount by $96,914.00 authorizing the use of contingency approved by Resolution No. 46-09. BACKGROUND Contract Number 2076 provides for the FEMA required monitoring and oversight of the contractors who have been conducting the actual debris removal throughout the City of Fayetteville. The debris monitors act as the quality control/quality assurance inspectors who validate every load of debris at the point of pick up as well as every load delivered to the debris disposal site. DISCUSSION The storm debris removal and storm debris removal monitoring contracts were based on an estimated total of 419,922 cubic yards of storm debris. As of March 23, 2009, Solid Resources, Inc. reported that DRC Emergency Services, LLC had removed a total of 403,413 cubic yards. An additional 100,000 cubic yards of remaining storm debris is estimated to require removal. Uncertainty in the scope of the ice storm debris removal operation at the time that it was necessary to begin required the use of estimates prepared to the best ability of staff. The estimates were developed using a combination of aerial photo information calibrated with actual removal rates based on what City crews actually removed in several areas. As actual storm debris quantities exceed the original estimate, a Change Order to increase the total contract amount will be necessary to complete monitoring necessary for the removal of all remaining storm debris. a BUDGET IMPACT An updated estimate of total costs necessary to provide storm debris removal monitoring services was developed due an increase in the projected quantity of ice storm debris. $96,914.00 is available within the approved contract contingency. Solid Resources, Inc. projects that an additional $193,828.00 will be required above the approved contingency amount. Staff will submit a separate request for City Council approval of Change Order #2 to address this increase. Costs associated with ice storm debris removal monitoring services will be largely offset by reimbursements from FEMA and the State of Arkansas. aS '�ttville A P%A N SAS Change Order No. 1 Page I of 2 CONTRACT CHANGE ORDER City Contract # 2076 Schedule City Resolution 4 46-09 Date 32612009 Project No.: 09010.0901 ANRC Project No.: N/A :ct Name: Debris Removal Monitoring Services Location: Fayetteville, AR er: City of Fayetteville Contractor: Solid Resources Inc. :ess: 113 W Mountain Address: 2201 Cantu Ct, Ste 119 Fayetteville, AR 72701 Sarasota, FL 34232 THE FOLLOWING CHANGES ARE HEREBY AMENDED INTO THE CONTRACT PLANS AND SPECIFICATIONS: ITEM 4 DESCRIPTION DECREASE J INCREASE 6.1.1 Storm Debris Monitoring, Services I $96,914 TOTAL DECREASE AMOUNT $0.00 TOTAL INCREASE AMOUNT $96,914.00 NET CHANGE ORDER $96,914.00 ENGINEERS FINAL CHANGE TO CONTRACT AMOUNT: TOTAL AMOUNT $483.690.00 ELIGIBLE AMOUNT $483,690.00 Original Contract Amount rotal Previous Change Order(s) 0.00 0.00 Net Amount This Change Order $96,9i4i00 $96,914.00 TOTAL CONTRACT AMOUNT TO DATE $580,604.00 $580.604.00 iginal Completion Date :vious Adjusted Completion Date crease)(Decrease) This Change Order Signature Sol 61 R►?≤otke- S J tC• Contractor Signature ITY OF FAYETTEVILLE Se Signature Calendar Title Date l : t € r ref G..it t Title Title - b4t e 1 Zc I f �he a d in- 4/7 2 j nNx x4 iA: Change Order No. t Page t of 2 CONTRACT CHANGE ORDER Icity City Conti -act 4 2076 Schedule City Resolution # 46.09 Date 3/26,2009 City Project No.' 09010.0901 ANRC Project No.: NIA Project Name: Debris Removal Monitoring Services Location: Favettevilic. AR Owner: City of Fayetteville Contractor: Solid Resources Inc. Address: 113 W Mountain Address: 2201 Cantu Ct, Ste 119 Fayetteville, AR 72701 Sarasota, FL 34232 rl IF FOLLOWING CI IANGES ARE HEREBY AMENDED INTO 1T IS CONTRACT PLANS AND SPECIFICATIONS: ['T}:M # DESCRIPTION DECREASE INCREASE 6.1.1 Storm Debris Monitoring Services $96,914 TOTAL.DECREASE AMOUNT $0.00 TOTAL INCREASE AMOUNT $96,914.00 596,914.00 NET CHANGE ORDER ENGINEERS FINAL. IHANGETO"} AMOUjffj T'OT,j1_ AMOUNT 5483.690,00 ELIGJULE AMOUNT 5483.690.00 Original Contract Amount Total Previous Change Order(s) tia.00 SQ 00 Net Amount This Change Order $96.9 l4 596.914 00 roTAL CONTRACT AMOUNT' TO DATE S5 t0,604,00 5580.604.00 CHANGE TO CONTRACT COMPLETION DATE: Original Completion Date Previous Adjusted Completion Date, (lncrcase)(Decrcase) This Change Order Calendar Days NEW CONTRAcr CQMPLETION DAJE: RECOMMI:NDEI): Signature Title Date 1 / ACCEPTED: S ` U n, !^t Spat S l14. Contractor QrPJ Signature Title Date APPROVED: C[TY OF FAYlilTEV[LI.L Owner , ^^ Signature Title BY: Sienature Title M RESOLUTION NO. 46-09 A RESOLUTION TO APPROVE AN AGREEMENT FOR STORM DEBRIS MONITORING SERVICES WITH SOLID RESOURCES, INC. IN THE AMOUNT OF $483,690.00, PLUS A CONTINGENCY IN THE AMOUNT OF $96,914.00 WHEREAS, the City of Fayetteville solicited Requests for Proposals for Storm Debris Monitoring Services as required by the Federal Emergency Management Administration (FEMA); and WHEREAS, a Selection Committee including an alderman and numerous city staff painstakingly reviewed several applicants and eventually voted by an approved rating system to select Solid Resources, Inc. as the most qualified, capable, and affordable applicant to best supply Storm Debris Monitoring Services for the citizens of Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the selection of Solid Resources, Inc. for Storm Debris Monitoring Services for the City of Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the Agreement For Storm Debris Monitoring Services (attached as Exhibit "A") with Solid Resources, Inc. in the amount of $483,690, plus a contingency of $96,914.00. TI PASSED and APPROVED this 18th day of February, 2009. ATTEST: By: ��11Si11 1171�Tf� sU f • � r ; FAYE1TEVI LL E Q4t..b#J& EAA> SO O E. SMITH, City Clerk/Treasurer AGREEMENT For STORM DEBRIS MONITORING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And SOLID RESOURCES, INC.. THIS AGREEMENT is made as of February 1 8, 2009, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and SOLID RESOURCES, INC. (hereinafter called SOLID RESOURCES, INC.). CITY OF FAYETTEVILLE is in need of Debris Management and Monitoring Services for its Right of Way debris removal. Contract responsibilities include but are not limited to monitoring vegetative storm debris removal and tree trimming & removal within public lands and rights of way, and debris disposal Site monitoring. Therefore, CITY OF FAYETTEVILLE, and SOLID RESOURCES, INC. in consideration o€ their mutual covenants agree as follows: SOLID RESOURCES, INC. shall serve as CITY OF FAYETTEVILLE's monitoring consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of SOLID RESOURCES, INC.'s services. SECTION I - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of SOLID RESOURCES, INC. 1.2. Assignments may include services described hereafter as Basic Services or as Additional Services of SOLID RESOURCES, INC. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. StormDcbrisMonitoringServicesConteactFebo9 I V1srzoa9 SECTION 2- BASIC SERVICES OF SOLID RESOURCES, INC. 2.1 Provide Fixed Site Debris Monitors and Field Debris Monitors and Debris Monitoring Supervision and Management to assist the City of Fayetteville with ice storm debris removal services. SOLID RESOURCES, INC. will provide: 2.2 Fixed Site Debris Monitors SOLID RESOURCES, INC. will provide trained personnel to oversee the inspection of the disposal or unloading sites by providing the monitoring, verification of load capacity, and documentation at designated temporary disposal sites. Services include: 2.2.1 Provide trained disposal site monitor and inspection personnel 2.2.2 Complete record of contract haulers' cubic yardage and other record keeping as may be needed on the provided load ticket 2.2.3 Initial each load ticket before permitting truck to proceed from the check -in area to the tippmg area 2.2.4 Remain in contact with debris management/dispatch center or supervisor 2.2.5 Perform other duties as directed by the dispatch/staging operation, debris management project manager, or designated City personnel 2.2.6 Accurately measure load hauling compartments and accurately compute volume capacity in cubic yards. Document and record measurements and computations 2.3 Field Debris Monitors SOLID RESOURCES, INC. will perform roving on -site, street -level work area inspections of debris cleanup and collection. SOLID RESOURCES, INC. will provide loading site (field) monitors to inspect and control debris collection utilizing manifest load tickets. Services include: 2.3.1 Provide field monitor personnel at designated areas to check and verify information on debris removal. 2.3.2 Monitor collection activity of trucks. StermDebrisMonitaringServicesContractFebo9 2 2/18/2009 2.3.3 Issue manifest load tickets at loading site for each load. 2.3.4 Check the area for safety considerations such as — downed power lines, children playing in area, meeting traffic control needs, safe operation of trucks and equipment. 2.3.5 Ensure only eligible ice storm related vegetative (trees, limbs, and brush) debris is collected. No non -vegetative debris is authorized to be collected. No non -ice storm damage related debris is authorized to be collected 2.3.6 Perform a pre -work inspection of areas to check debris piles to identify covered utility meters, transformers, fire hydrants, mail boxes, etc. to help prevent damage from loading equipment and to look for potential problems. 2.3.7 Should damages occur to utility components, driveways, road surfaces, private property, vehicles, etc., document the damage with photos. If possible, collect information about owner, circumstances of the damage (who, what, when, where) and report to your supervisor. 2.3.8 Ensure the work area is clear of debris to the specified level before equipment moves to a new loading area. 2.3.9 Accurately measure load hauling compartments and accurately compute volume capacity in cubic yards. Document and record measurements and computations. 2.3.10 Properly monitor and record performance and productivity of debris removal crew. 2.3.11 Remain in constant contact with debris management/dispatch center or supervisor. 2.3.12 Ensure that loads are contained properly before leaving the loading area. 2.3.13 Ensure only eligible debris is collected for loading and hauling. 2.3.14 Ensure only debris from approved public areas is loaded for removal. 2.3.15 Perform other duties from time to time as directed by the debris management project manager or designated City debris management personnel. ScornDcbrisMonitoringScMccsContractFcbo9 3 2/182009 RESOURCES, INC: will.,proceed with.providing the authorized;services immediately upon receipt ofwritten authorization- from CIT. OFFAYETTEVILLE: Said.author}zation shaf . include the.scope of the services authorized andthe tirnen which the services:are to be completed. SEFCTLQN 6 PAYMENTS TQ_SOL1l RESOURCES, INC: C:1 Compensation. '6_'1:1' Storm Debris Monitoring Services The maximum ntxt4o-exee�ii,aatount:authorized.fot this Agreement' is.$ 7 3, .ta i :•� The Cfl. Y,OF:FAYE 'T'EVWLLP--'shall compensate`SOLrDRESOURCES; INC. based.on a UriitFrice: basis as described in:Appendix A. 6.1.1.1 Subject: to the Gary Council, approvai, adjustment of:the. not-to-exceed--amouni maybe made should SOLID.RESOURCES,.INC. establish and':CITY OF FAYETTEVIiLE agree_tlrat tbere-has:beeri"or,is tb be a signifieant change in scope, complexhy or.charaetei oflfte-services to be performed; or if CITY OF FAYETTEVIL.LE decides :to shorten the duratiof work° frpm-tlic time period -specified in -the Agreement for completion;of work and such`:modificationvwarrants such adjustment. Changes, modifications oramendinents in scope, price or fees -to this Contract shall not be•allowed without formal contract amendment approved by.the Mayor andthe.City.Council.in advance of the change:in. scope, cost, fees, or delivery schedule. 6.1.1.2 Monthly statements for_each calendar month shall be submitted to CITY OF FAZ' TI'EVILLE or such parties as CITY OF FAYETTEVTLLE,niay designate. for Desigi services consistent with SOLID RESOURCES,.INCs normal billing schedule. Once established, the billing schedule shall be maintained throughout`the d6ratiof of the Prvject..Applications for payment shall be made in accordance with a format to.be' developed by SOLID RESOURCES,• INC. and approved by CITY OF FAYETTEVILLE. Applications for payment shall be-accompanied.each month by the updated -project design schedule as-the.basis for determining the value earned as the work is accomplished. Final payment. for: Design.services-shall.be made upon CITY OFFAYETTEVJLL£'s approval and acceptance with. the satisfactory completion of the Design phase for the Project. stormDehrisMoaritaring5c v cc CoatrnctFeh09 7 2/le/2o119 2.4 Senior Technician/Field Sapervisor/Emerencv OlDerations Mana er SOLID RESOURCES, INC. will provide project management to oversee debris monitoring activities in the field. Services will include; - 2.4.1 Oversight and Supervision of Monitor field activity. 2.4.2 Scheduling of Monitoring resources and deployment timing. 2.4.3 Communication and coordination with City personnel. 2.4.4 . Make suggestions to improve the efficiency of collection and removal of debris. 2.4.5 Coordinate daily activities and future planning. 2.4.6 Remain in contact with debris management/dispatch center or supervisor. 2.4.7 Identify, address, and troubleshoot any questions or problems that could impact work area safety and eligibility. 2.4.8 Accurately measure load hauling compartments and accurately compute volume capacity in cubic yards. Document and record measurements and computations. Document truck hauling compartment condition using digital photographs. Prepare a master log book of all hauling equipment used by the City's debris removal SOLID RESOURCES, INC.. 2.4.9 Compile, reconcile and document daily in an electronic spreadsheet format all eligible debris hauled by the City of Fayetteville's debris removal SOLID RESOURCES, INC.. SECTION 3- ADDITIONAL SERYJCES OF SOLID RESOURCES INC. 3.1 General If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in writing by SOLID RESOURCES, INC., SOLID RESOURCES, INC. shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary Basic Services. The scope of Additional Services may include: StQn CbrisMonitoringSc vicssCannactFeb09 4 211S/2009 3.1.1 Administrative Assistance Provide Contract and Project administration to the degree authorized by CITY OF FAYETTEVILLE. 3.1.2 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or other proceeding involving the Project. 3.1.3 Extra Services 3.1.3.1 Services not specifically defined heretofore that may be authorized by CITY OF FAYETTEVILLE. 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond SOLID RESOURCES, INC.'s control, SOLID RESOURCES, INC. shall notify CITY OF FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems that such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written notice to SOLID RESOURCES, INC. If CITY OF FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional Services are not required, SOLID RESOURCES, INC. shall have no obligation to provide those services. SECTION 4- RESPONSIBILITIES OF CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE sha[l, within a reasonable time, so as not to delay the services of SOL[D RESOURCES, INC.. 4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 4.2 Assist SOLID RESOURCES, INC. by placing at SOLID RESOURCES. INC.'s disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. StormDebrisMonitorin5SetviccsContraciFdh09 5 2118RO09 4.3 Guarantee access to and make all provisions for SOLID RESOURCES, INC. to enter upon public and private property as required for SOLID RESOURCES, INC. to perform his services under this Agreement. 4.4 Examine all proposals, and other documents presented by SOLID RESOURCES, INC, and render in writing decisions pertaining thereto. 4.5 The Transportation Manager and the Water & Wastewater Director are the CITY OF FAYETTEVILLE's project representatives with respect to the services to be performed under this Agreement. The Transportation Manager and the Water & Wastewater Director shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions. with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 4.6 Give prompt written notice to SOLID RESOURCES, INC. whenever CITY OF FAYETTEVILLE observes or otherwise becomes aware of any defect in the Project. 4.7 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Pay directly to the governmental authorities the actual filing and permit fees. 4.8 Pay for placement of legal notices and advertisements in newspapers or other publications required by the Project. 4.9 Furnish, or direct SOLID RESOURCES, INC. to provide, necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. 4.10 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to SOLID RESOURCES, INC. in a timely manner. SECTION 5- PERIOD OF SERVICE 5.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. SOLID StormDebriaMonitoringServieesCont=tFeb09 [] 2/1$/2009 6.1.2 Additional Services For authorized Additional engineering services under Section 3, "Additional Services", compensation to SOLID RESOURCES, INC. shall be negotiated at the time Additional services are authorized. 6.2 Statements Statements and progress reports for each calendar month will be submitted to CITY OF FAYETTEVILLE. Statements will be based on SOLID RESOURCES, INC.'s actual cost plus fixed fee amount and justified by the updated progress schedule. 6.3 Payments All statements are payable upon receipt and due within thirty (30) days. If a portion of SOLID RESOURCES, INC.'s statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise SOLID RESOURCES, INC. in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 6.4 Final Payment Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, SOLID RESOURCES, INC. shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which arc specifically exempted by SOLID RESOURCES, INC. to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against SOLID RESOURCES, INC. or his sureties under this Agreement or applicable performance and payment bonds, if any. StnrmDcbrisMonitoringServicc.ContmetFeb09 8 2/18/2009 SECTION 7- GENERAL CONSIDERATIONS 7.I Insurance 7.1.1 During the course of performance of these services, SOLID RESOURCES, INC. will maintain (in United States Dollars) the following minimum insurance coverages; Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Limits of Liability Statutory $500,000 Each Accident $1,000,000 Each Occurrence $2,000,000 Annual Aggregate $500,000 Each Occurrence $1,000,000 Annual Aggregate SOLID RESOURCES, INC. will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 7.1.2 Debris Removal SOLID RESOURCES, INC.s shall be required to provide (or CITY OF FAYETTEVILLE may provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a Named Insured and SOLID RESOURCES, INC. as additional insureds, or, to endorse CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. as additional insured on construction SOLID RESOURCES, INC.'s liability insurance policies covering claims for personal injuries and property damage. Construction SOLID RESOURCES, INC.s shall be required to provide certificates evidencing such insurance to CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. 7.1.3 CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of SOLID RESOURCES, INC.'s services. If the services result in a Construction Phase, a provision similar to this shall be incorporated into all Construction Contracts entered into by CITY OF FAYETTEVILLE; and all construction SOLID RESOURCES, INC.s shall be required to provide waivers of subrogation in favor of CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. for damage or liability covered by any construction SOLID RESOURCES, INC.'s policy of insurance. StonnDebdsMonitoriagsavice oatractFcbo9 9 2/1812009 7.2 Professional Responsibility 7.2.1 SOLID RESOURCES, INC. will exercise reasonable skill, care, and diligence in the performance of SOLID RESOURCES, INC.'s services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to SOLID RESOURCES, INC. any defects or suspected defects in SOLID RESOURCES, INC.'s services of which CITY OF FAYETTEVILLE becomes aware, so that SOLID RESOURCES, INC. can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. farther agree to impose a similar notification requirement on all construction SOLID RESOURCES, INC.s. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of SOLID RESOURCES, INC. 7.2.2 In addition, SOLID RESOURCES, INC. will be responsible to CITY OF FAYETTEVILLE for damages caused by its negligent conduct during its activities at the Project Site to the extent covered by SOLID RESOURCES, INC.'s Commercial General Liability and Automobile Liability Insurance policies as specified in Paragraph 7.1.1. 7.3 Changes CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of SOLID RESOURCES, INC.'s services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the President or any Vice President of SOLID RESOURCES, INC. 7.4 Termination 7.4.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 7.4.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.4.1.2 An opportunity for consultation with the terminating party prior to termination. SwrTnDebrisMonitoringServicesContrtwtFcb09 10 2/18/2009 7.4.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that SOLID RESOURCES, INC. is given: 7.4.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.4.2.2 An opportunity for consultation with the terminating party prior to termination. 7.4.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.4.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 7.4.3.2 Any payment due to SOLID RESOURCES, INC. at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of SOLID RESOURCES, INC.'s default. 7.4.4 If termination for default is effected by SOLID RESOURCES, INC., or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to SOLID RESOURCES, INC. for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by SOLID RESOURCES, INC. relating to commitments which had become firm prior to the termination. 7.4.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, SOLID RESOURCES, INC. shall: 7.4.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 7.4.52 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by SOLID RESOURCES, INC. in performing this Agreement, whether completed or in process. 7.4.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. SwnnDebrisMonitoriogServioesCotthaclFcb09 11 2/18!2009 7.4.7 If, after termination for failure of SOLID RESOURCES. INC. to fulfill contractual obligations, it is determined that SOLID RESOURCES, INC. had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of this clause. 7.5 Delays In the event the services of SOLID RESOURCES, INC. are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond SOLID RESOURCES, INC.'s reasonable control, SOLID RESOURCES, INC. shall be entitled to additional compensation and time for reasonable costs incurred by SOLID RESOURCES, INC_ in temporarily closing down or delaying the Project. 7.6 Rights and Benefits SOLID RESOURCES, INC.'s services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 7.7 Dispute Resolution 7.7.1 Scope of Paragraph; The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or SOLID RESOURCES, INC. in the performance of this Agreement, and disputes concerning payment. 7.7.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 7:8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied with. StormI)cbrisMonitoringServicc ContractFeb09 . 12 2!18!2009 7.7.3 Notice of Dispute 7.7.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 7.7.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give SOLID RESOURCES, INC, written Notice at the address listed in Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the. relief requested. 7.7.4 Negotiation; Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of SOLID RESOURCES, INC. and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 7.8 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to SOLID RESOURCES, INC. for services rendered by SOLID RESOURCES, INC. 7.9 Publications Recognizing the importance of professional development on the part of SOLID RESOURCES, INC.'s employees and the importance of SOLID RESOURCES, INC.'s public relations, SOLID RESOURCES, INC. may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to SOLID RESOURCES, INC.'s services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to SOLID RESOURCES, INC. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably SlormDcbrisMonitorinESorvicc$ContractFeb09 13 2/15i1009 withhold approval. The cost of SOLID RESOURCES, INC.'s activities pertaining to any such publication shall be for SOLID RESOURCES, INC.'s account. 7.10 Indemnification 7.10.1 CITY OF FAYETTEVILLE agrees that it will require all construction SOLID RESOURCES, INC.s to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. from and against any and all loss where.loss is caused or incurred or alleged to be caused or incurred in whole or ii) part as a result of the negligence or other actionable fault of the SOLID RESOURCES, INC.s, or their employees, agents, SubSOLID RESOURCES, INC.s, and Suppliers. 7.11 Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses_ CITY OF FAYETTEVILLE's address: 1 l 3 West Mountain Street Fayetteville, Arkansas 72701 SOLID RESOURCES, INC_'s address: 2201 Cantu Court, Suite 119 Sarasota, FL 34232-6254 7.12 Successor and Assigns CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor SOLID RESOURCES, INC. shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 7.13 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. StonnDebrisMonioringScrvicesContmctFcbO9 14 2/18/2009 7.14 Entire Agreement This Agreement represents the entire Agreement between SOLID RESOURCES, INC. and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to SOLID RESOURCES, INC. a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by SOLID RESOURCES, INC., shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. 7.15 Request for Proposal The Request for Proposal for Storm Debris Monitoring Services is attached as Appendix B. SECTION 8- SPECIAL CONDITIONS 8.1 Additional Responsibilities of SOLID RESOURCES, INC. 8.1.1 CITY OF FAYETTEVILLE's, review, approval, or acceptance of reports and other services furnished hereunder shall not in any way relieve SOLID RESOURCES, INC. of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 8.1.2 SOLID RESOURCES, INC. shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by SOLID RESOURCES, INC.'s negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 8.1.3 . SOLID RESOURCES, INC.'s obligations under this clause are in addition to SOLID RESOURCES, INC.'s other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against SOLID RESOURCES, INC. for faulty materials, equipment, or work. StunnDcbrisMoni oringScrviczsContmcFcW9 15 2/i8P2Ao9 8.2 Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and SOLID RESOURCES, INC. arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 8.3 Audit: Access to Records 8.3.1 SOLID RESOURCES, INC. shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. SOLID RESOURCES, INC. shall also maintain the financial information and data used by SOLID RESOURCES, INC. in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. SOLID RESOURCES, INC. will provide proper facilities for such access and inspection. 8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until five years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until five years after the date of resolution of such appeal, litigation, claim or exception. 8.3.3 This right of access clause (with respect to financial records) applies to: 8.3.3.1 Negotiated prime agreements: 8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not Star mDcbrieMonitoringScrviocsContractFcbo9 16 2fl 812009 apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of SOLID RESOURCES, INC.; 8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 8.3.3.3.3 If the subagreement is terminated for default or for convenience. 8.4 Covenant Against Contingent Fees SOLID RESOURCES, INC. warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by SOLID RESOURCES, INC. for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8.5 Gratuities 8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that SOLID RESOURCES, INC. or any of SOLID RESOURCES, INC_'s agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to SOLID RESOURCES, INC. terminate this Agreement, CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 8.5.2 in the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against SOLID RESOURCES, INC. as it could pursue in the event of a breach of the Agreement by SOLID RESOURCES, INC. As a StonnDebrisMonitoringServieesContzactFcbO9 17 2!182009 penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETI'EVILLE) which shall be not less than three nor more than ten times the costs SOLID RESOURCES, INC. incurs in providing any such gratuities to any such officer or employee. 8.6 Arkansas Freedom of Information Act City contracts and documents, including internal documents and documents of subSOLID RESOURCES, INC.s and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, SOLID RESOURCES, INC. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. SionnDebiisMonitoringServicesConhactFeb09 18 21I8t2009 N. WI 1NE,�S� W QF CaTY' OF FAY-F-MVIL;LE,.ARK#NSAS by and through its Mayor, and SLID RES 1 C iid -' Y Its,`nutllodzed officer have .made :and cccatcdthis Agmama-us of the"dayaodye dfmabove d: NSA FAYETTEVILLE ;A``ES7' _ r'�9sh�/p •� ` O ." City Clerk. y'�r<<I G 10TH ��►+�+, ~( IIQt RESUUR .. ' /9& -/ yA. AlST: By'4AiC14 - Changes, modifications or, amendments in. scope price or fees to This Contract.shall not.be-allowed without fob contract amcdmapp oved,bj!-t1teMayor and thetfty Council in ad.Faoce o#'tl�e change ia:scnpe, costa. fees,,•t►r denary schedulie END OP AG I'. FORSTOI bEBRi<s MONITORING SERVICES StoYrnlietrrs[vlcmito�ingServioesCor,>raatFefso9 19 2/182009 tv!lle VENDOR NO. 18636 Solid Resources Inc 2201 Cantu Court Suite 119 Sarasota FL 34232 Each Package Must Be Marked Exactly As Shown Here City of Fayettevlllo, Arkansas DATE 2/25/09 FOB Fyv PURCHASE ORDER # 09-0000214-001 TERMS NET 30 DAY Unit Qtyand of Received AAccou Number Unit Price TOTALS Issue 1.00 LOT a) Storm Debris Monitoring Services 483690.00 483690.00 Per RFP #09-05 Res #46-09 Contract #2076 4270.9280.5314.00 090100901 Please add line item B) Change Order #1 to Contract #2076 to increase contract amount by $96,914.00 allowing for additional debris removal monitoring services necessary for clean-up from the 2009 Ice Storm. Please use g/l account number 4270.9280.5314.00 09010/0901, upon approval of contract Change Order #1. SHIP TO: Transportation Dept 1525 S Happy Hollow Rd Fayetteville AR 72701 Apperson, G D>:PARnwENrvERIEICAnoN RECEIVED ����Sr () _ [Q•{' JO7 DEPT HEAD APPROVAL AMOUNT TO PAY $ NP VERIFICATION PURCHASING VERIFICATION PRICE CHANGE VERIFICATION RETURN CHECK TO SEND COPY TO ' Sales Tax Total: $.00 Purchase Order Total: 483690.00 ADDITIONAL APPROVAL CHECK # DOES NOT MEET PURCHASING POLICY CONTRACT PAYMENT OTHER APPROVED BY PROJECT # THIS PAYMENT $ PREVIOUS PAYMENT(S) $ TOTAL PYMT(S) $ BALANCE $ DEPT COPY Page 1 of 1 Clarice Pearman - Solid Resources From: Clarice Pearman To: Gulley, Terry Date: 4.1.09 12:20 PM Subject: Solid Resources CC: Becker, Paul Terry: I have received your staff review item for Solid Resources Change Order #1. Do have you have the original change order for signature? I only have a copy of the change order. We need the original for mayor's signature. Please let me know when we might expect one. Thanks. Have a good afternoon. Clarice file :1/C : \Documents%20and%20 Settings\cpearman.0001Local%20 S ettings\Temp\XPgrpwise\4 9D3 5 B FDFA... 4.1.09 Page 1 of I Clarice Pearman - Re: Solid Resources From: Ginny Gundlach To: Pearman, Clarice Date: 4.2.09 9:38 AM Subject: Re: Solid Resources CC: Becker, Paul; Gulley, Terry Clarice, The original change order document will be sent via Fed Ex and should arrive around 10:30 am tomorrow morning. Upon receipt, we will deliver it to you ASAP to switch out with the existing copy. Thanks! :) Ginny Gundlach Financial Coordinator City of Fayetteville Transportation Services Phone: (479) 444-3489 Fax: (479) 444-3490 ggundlach@c i,fayetteville.ar.us Please consider the environment before printing this e-mail >>> Clarice Pearman 4/1/2009 12:20 pm >>> Terry: I have received your staff review item for Solid Resources Change Order #1. Do have you have the original change order for signature? I only have a copy of the change order. We need the original for mayor's signature. Please let me know when we might expect one. Thanks. Have a good afternoon. Clarice file ://C:1Documents%20and%20Settinc's\cpearman.0001Local%20Settincrs\Temo\XPsYrnwise149D4879FFA .. 4 09 Page 1 of 1 Clarice Pearman - Re: Solid Resources From: Clarice Pearman To: Gundlach, Ginny Date: 4.6.09 9:57 AM Subject: Re: Solid Resources CC: Becker, Paul; Bell, Peggy Ginny: Following up on this change order. I still have not received it for signature of the mayor. Please let me know what the status is. From: Ginny Gundlach To: Pearman, Clarice Date: 4.2.09 9:38 AM Subject: Re: Solid Resources CC: Becker, Paul; Gulley, Terry Clarice, The original change order document will be sent via Fed Ex and should arrive around 10:30 am tomorrow morning. Upon receipt, we will deliver it to you ASAP to switch out with the existing copy. Thanks! :) Ginny Gundlach Financial Coordinator City of Fayetteville Transportation Services Phone: (479) 444-3489 Fax: (479) 444-3490 ggundlach ci.fayetteville.ar.us Please consider the environment before printing this e-mail >>> Clarice Pearman 4/1/2009 12:20 pm >>> Terry: I have received your staff review item for Solid Resources Change Order #1. Do have you have the original change order for signature? I only have a copy of the change order. We need the original for mayor's signature. Please let me know when we might expect one. Thanks. Have a good afternoon. Clarice file://C:1Documents%20and%20Settings\cpeanman.0001Local%20Settings\Temp\XPgrpwise\49D9D21 EFA... 4.6.09 Page 1 of 1 Clarice Pearman - Solid Resources From: Clarice Pearman To: Gulley, Terry Date: 4.7.09 3:10 PM Subject: Solid Resources CC: Audit; Purchasing Attachments: Audit; Purchasing Terry: Attached is a copy of your staff review item regarding Solid Resources CO1. I am forwarding to you via interoffice mail an agreement for Solid Resources and your purchase order for the change order which is not signed by the department head. Please let me know if there is anything else needed for this item. Clarice file ://C:1Documents%20and%20Settingslcpeamian.0001Local%20Settings\Temp\XPgrpwise\49DB6CD9FA... 4.7.09 ,4 t)/ /—o9 BOND NUMBER: K07891040 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Solid Resources, Inc. 47AE RECEIVED cP FEB2L X009 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) Westchester Fire Insurance Company as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Fayetteville, Arkansas as Obligee, hereinafter called Owner, in the amount of Four Hundred Eighty Three Thousand Six Hundred Ninety and nolcents---- Dollars ( $483,690,00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 20, oIOO9,erlteredintoacontractwilhO,vrerfor (Here insert full name, address and description o€ project) Storm Debris Monitoring Services RFP 09-05 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. This bond form complies with the requirements of American Institute of Architects form AIA document A311 1 Performance Bond NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, i€ Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of twv (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. Signed and sealed this 19th day of February fitness) (Witness) 20 09 Solid Resources, Inc. (A tips (Seal) tI r - (Title) Westchester Fire Insurance Company (Sur sea , re Shari K Welborn, Attorney -In -Fact This bond form complies with the requirements of American Institute of Architects form AIA document A311 2 BOND NUMBER: K07891040 Labor and Material Payment Bond THIS BOND IS ISSUE) SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Solid Resources, Inc. as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal tide of Surety) Westchester Fire Insurance Company as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal tide of Owner) City of Fayetteville, Arkansas as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Four Hundred Eighty Three Thousand Six Hundred Ninety and no/cents---- (Here insert a sum equal to at least one-half of the contract price) Dollars ( $483,690.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated / 20, BCD entered intoacontractwith Ownerfor (Here insert full name, address and description of project) Storm Debris Monitoring Services RFP 09-05 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. This bond form complies with the requirements of American Institute of Architects form AlA document A311 11'A t'in't S NloN�r' cfa � `C) Labor and Material Payment Bond NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or .with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the ₹rans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond Signed and sealed this 19th day of February itness) (. kC' o 2 frtry (witness) 20 09 Solid Resources nc. incipalj (Sea]) ---- .�-'��51(Q�-''lam i_e Westchester Fire Insurance Company (Surety) (Seal) (Title) Shari K Welborn, Attorney -In -Fact This bond form complies with the requirements of American Institute of Architects form AIA document A311 4 ® THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES ® THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. • CERTIFICATE OF LIABILITY INSURANCE AoriSPEUALTY 7711 ftl' r r PRODUCER: Ann Specialty 199 Water Street, 30th Floor New York, NY 10038 • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A NATIONAL LIABILITY AND FIRE INSURANCE COMPANY COMPANY NATIONAL UNION INSURANCE COMPANY INSURED; SOLID RESOURCES, INC- 2201 Cantu Court, Suite 119 Sarasota, FL 34232 COMPANY C COMPANY D COMPANY UNITED STATES FIDELITY AND GUARANTY CO. COMPANY F COMPANY G COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCES LISTED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 00 Lii TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTNE DATE (MM1D9fY1) POLICY exPIRATION DATE (MMIDDNY} UMtTS A GENERAL LIABILITY X COMMERCIAL GENERAL LIAB. CLAIMS MADE I OCCUR. OWNER'S & CONTRACTOR'S PROT. LNY-00052.2008 418/2008 418/2009 GENERAL AGGREGATE 5 2,000,000 PRODUCTS-COMP/OP AGG $. 1,000,000 PERSONAL 8, ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (ANY ONE FIRE) $ 50,000 MED. EXP. (ANYONE PERSON) $ 5,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS — SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS CA 720-3370 5!3/2008 5/3/2009 COMBINED SINGLE LIMIT {each) $ 1,000,000 BODILY INJURY (per person) BODILY INJURY (per accident PROPERTY DAMAGE (per accident) C EXCESS/UMBRELLA LIABILITY CLAIMS MADE ❑ OCCUR- EACH OCCURRENCE EXCESS OF UNDERLYING. ➢ U.S. LONGSHORE & HARBOR WORKERS (Compensation Risks X STATUTORY OTHER E WORKERS' COMPENSATION AND EMPLOYERS LIABILITY THE PROPRIETOR 1 PARTNERS / EXECUTIVE OFFICERS ARE: INCLUDED EXCLUDED O274VV00617 101₹12008. ₹01112009 X STATUTORY OTHER EL EACH ACCIDENT $ 500,000 EL DISEASE - EACH EMPLOYEE $ 500,000 EL DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS)VEHICLESISPECIAL ITEMS: City of Fayetteville is an additional insured on GL and AL as respects the operations of Solid Resources. Inc. es required by written contract. A waiver of subrogation is granted on GL and AL. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THEISSUING COMPANY WILL ENDEAVOR TO MAIL 30 City of Fayetteville DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF€, BUT 113W, Mountain FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIAB€LI-TY OF Fayetteville, AR 72701 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE BY; • RECEIVED MAY i..1 2009 CERTIFICATE OF LIABILITY INSURANCE PURCHASING Ply ,LLON "J FORMATION ONLY AND CONFERS PRODUCER: Aon Risk Services of the Northeast 199 Water Street, 30th Floor New York, NY 10038 THIS CERTIFICATE IS ISSUED AS A MATTER OF IN NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A NATIONAL LIABILITY AND FIRE INSURANCE COMPANY COMPANY B ZURICH AMERICAN INSURANCE COMPANY INSURED: Solid Resources, Inc. 555 Winderly Place #220 Maitland, FL 32751 COMPANY C COMPANY D COMPANY E UNITED STATES FIDELITY AND GUARANTY CO. COMPANY F COMPANY G COVERAGES THIS IS TO CERTIFY THAT THE POLICIES Or INSURANCES LISTED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTME D DATE (MMIDYY) POLICY EXPIRATION DATE (MM!DDIYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIAB. CLAIMS MADE OCCUR. OWNER'S & CONTRACTOR'S PROT. LNY-00052-2009 4/8/2009 4!8!2010 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 1,000,000 PERSONAL &ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (ANY ONE FIRE) $ 50,000 MED. EXP. (ANY ONE PERSON) $ 5,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP 9323983 5/3/2009 5/3/2010 COMBINED SINGLE LIMIT (each) $ 1,000,000 BODILY INJURY (per person) BODILY INJURY (per accident) X PROPERTY DAMAGE (per accident) X C EXCESS/UMBRELLA LIABILITY CLAIMS MADE OCCUR. EACH OCCURRENCE EXCESS OF UNDERLYING D U.S. LONGSHORE.& HARBOR WORKERS (Compensation Risks) X STATUTORY OTHER E WORKERS' COMPENSATION AND EMPLOYERS LIABILITY THE PROPRIETOR! PARTNERS I EXECUTIVE OFFICERS ARE: INCLUDED EXCLUDED D274W00617 1011!2008 10/1/2009 X STATUTORY OTHER EL EACH ACCIDENT $ 500,000 EL DISEASE - EACH EMPLOYEE $ 500,000 EL DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS!LOCATIONSNEHICLES(SPECIAL ITEMS: City of Fayetteville is an additional insured on GL and AL as respects the operations of Solid Resources, Inc. as required by written contract. A waiver of subrogation is granted on GL and AL. c HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 City of Fayetteville DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 113 W. Mountain FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Fayetteville, AR 72701 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE BY: