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Home My WebLink About47-09 RESOLUTIONRESOLUTION NO. 47-09 A RESOLUTION TO APPROVE A CONTRACT FOR STORM DEBRIS REMOVAL SERVICES WITH DRC EMERGENCY SERVICES, LLC IN THE AMOUNT OF $2,419,185.64, PLUS A CONTINGENCY OF $400,000.00 WHEREAS, after the devastating ice storm of January 26-27, 2009, President Obama declared much of Northwest Arkansas, including the City of Fayetteville a Disaster Area eligible for FEMA assistance; and WHEREAS, the amount of downed trees, broken limbs, and other debris throughout Fayetteville is so massive that Fayetteville's employees and equipment cannot handle the tremendous job of removing such debris without hiring an independent contractor; and WHEREAS, the cost of the debris removal will be largely offset by reimbursements from FEMA and the State of Arkansas; and WHEREAS, the City of Fayetteville properly solicited Requests For Proposals from independent contractors desiring to be awarded a Contract for Storm Debris Removal Services; and WHEREAS, the City's Selection Committee painstakingly reviewed proposals from almost twenty companies and the selected by use of an approved rating/point system, the applicant/proposal which was the most qualified, capable, and economical company to pick up, remove and reduce to wood chips the debris caused by the ice storm. 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 DRC Emergency Services, LLC as the most qualified, capable and economical company to be awarded the contract for Storm Debris Removal Services. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby awards the Contract For Storm Debris Removal Services (attached as Exhibit "A") which includes all terms within the Project Manual, to DRC Emergency Services, LLC in the amount contingency of $400,000.00. PASSED and APPROVED this 18th day of February, 2009. APPROVE IO ELD JO ,Mayor ATTEST. of $2,419,185.64 plus a By: SO E. SMITH, City Clerk/Treasurer •:` cjV k5'6/e, Y • • cc\ tt FAYETTEVILLE: • ca.:4y '-s7AtNISY:&), - -4 /kIkat— PROJECT MANUAL RFP 09-04, STORM DEBRIS SERVICES 01 ayetievidle ARKANSAS -FAYETTEVILLE, ARKANSAS PROJECT NUMBER 09009 12 FEBRUARY, 2009 00001.dm SECTION TABLE OF CONTENTS TITLE NO. OF PAGES 00001 Title Pages 2 00010 Table of Contents 2 00020 Request for Proposal 2 00100 Information for Proposers 6 00212 Supplemental Information for Proposers 16 00300 Statement of Disclosure 4 00301 Debarment, Suspension, and Other Responsibility Matters 4 00305 Primary Contacts 4 00310 Proposal 14 00311 Proposer's Statement of Subcontractors 2 00312 Bid Bond 2 00420 Statement of Proposer's Qualifications 26 00500 Agreement Between City of Fayetteville and Contractor 4 00600 Arkansas Statutory Performance and Payment Bond 2 00640 Warranty Bond 2 00700 General Conditions 14 00830 Prevailing Wage Rates — Davis Bacon 6 00840 Notice of Award - Sample 2 00845 Notice to Proceed - Sample 2 00900 Description of Unit Price Schedule Items 2 Appendix A — Example Daily Haul Records 4 Appendix B — Example Load Ticket 4 Appendix C — Example Truck Placard 4 Appendix D — Example Hazardous Stump Worksheet 4 Appendix E — Example Stump Conversion Table 4 0001 0.cloc 1 SECTION 00020 CITY OF FAYETTEVILLE REQUEST FOR PROPOSAL RFP 09-04, STORM DEBRIS SERVICES The City of Fayetteville, Arkansas, invites qualified firms to submit proposals for services including but not limited to vegetative storm debris removal and tree trimming & removal within public lands and rights of way, and debris disposal site operations management. 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 10:00 AM, Central Standard Time. At this time, the names of all proposers shall be read aloud, however no other information will be provided. No late proposals shall be accepted or opened. Proposal forms must be downloaded from the City's web site at http://www.accessfayetteville.oi:g. All questions regarding the RFP process should be directed to Andrea Foren at aforen@ci.fayettevillc.ar.us or (479) 575-8220. Proposers shall be qualified to do business and licensed in accordance with all applicable laws of federal, state and local governments where the project is located. Bid security in the form of a certified or bank cashier's check drawn from a bank located within the State of Arkansas or a Bid Bond in the amount of 5% of Proposal Amount of contract shall accompany each Proposal in accordance with the Instructions to Proposers. A 100% performance and payment bond is required after contract award. Pursuant to Ark. Code Annotated 22-9-203, the City of Fayetteville encourages all qualified small, minority and women business enterprises to propose and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all prospective proposers to subcontract portions of their contract to qualified small, minority, and -women business enterprises. The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein, and all Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any Proposer because of such rejections, nor shall the Proposers seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Proposal in response to this invitation shall constitute an agreement of the Proposer to these conditions. By: Andrea Foren, Purchasing Agent 00020.doc SECTION 00100 INFORMATION FOR PROPOSERS 1.) 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. 2.) All proposers shall be in compliance with all Federal, State, and Local requirements and regulations. 3.) Awarded contractor shall use load ticket requirements to record with specificity (e.g., street address) where debris is picked up and the amount picked up, hauled, reduced and disposed of. Awarded contractor shall provide all documentation and information as listed in attached sample forms. 4.) All payment provisions in proposal form and invoicing shall be based on unit prices, on a per cubic yard basis. 5.) No payments or bids may be based on time and material costs. 6.) Awarded contractor(s) shall submit invoices regularly and for no more than thirty (30) day periods. Invoices shall be submitted for each calendar n-ionth and shall be submitted no later than the 10th of the following month. 7.) Contract(s) resulting from this bidding document may be terminated for convenience at any time for any reason. 8.) 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. 9.) Aw'arded contractor shall use mechanical equipment to load and reasonably compact debris into the trucks and trailers. 10.) Awarded contractor shall provide a safe working environment, including properly constructed monitoring towers. 11.) All contract amendments and modifications shall be made in writing and properly approved by the City of Fayetteville Mayor and City Council. 12.) Awarded contractor shall obtain adequate payment and performance bonds and insurance coverage as described in this document. 00100.doc 1 13.) A 5% bid bond shall be submitted with all proposals. Bid bond percentage shall be figured on total amount of work proposed. After contract award, contractor shall provide the following: a. Adequate Certificate of Insurance, listing the City of Fayetteville as an additional insured b. 100% performance and payment bond based on awarded contract dollar amount from the City of Fayetteville. 14.) No Proposer shall claim to be "FEMA Certified". FEMA does not certify, credential, or recommend debris contractors. 15.) No separate line items, for invoicing, payment, and bidding shall be allowed for stumps 24 inches and smaller in diameter; these shall be treated as normal debris. 16.) No contractor or bidder shall make eligibility determinations in relation to FEMA; only FEMA has appropriate authority. 17.) This contract and bid shall not be used to "piggy back" with any entity as piggybacking may jeopardize FEMA fimding. 18.) Proposals shall be received at the address listed below and are due by Tuesday, February 17th, 2009 before 10:00 AM, Central Standard Time: City of Fayetteville Attention: Andrea Foren — Room 306 113 W. Mountain Fayetteville, AR 72701 19.) It is the responsibility of the Proposer to have its sealed proposal at the Purchasing Office prior to the date and time of opening. No late proposals will be accepted. Proposals received after the scheduled proposal deadline will remain unopened and will not be considered. 20.) The City of Fayetteville reserves the right to reject any or all proposals, waive formalities and make the award based on the best interest of the City. 21.) It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. 22.) Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Andrea Foren, City of Fayetteville, Purchasing Agent via e-mail 00 100.doc 2 (aforen(cilayetteville.ar.us) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. AII questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. 23.) Any conditions or expectations on the part of the Proposer for performance by the City must be set forth in the proposal. The City is not obligated to consider the Proposer's post submittal terms and conditions. 24.) 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 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. THIS INFORMATION SHALL BE PROVIDED ON THE ATTACHED FORM TITLED "PROPOSER PRIMARY CONTACT INFORMATION". 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, Tuesday, February 17, 2009, Wednesday, February 18, 2009, Thursday, February 19, 2009, Friday, February 20, 2009. 25.) The City will not be responsible for misdirected proposals. Proposer should call the Purchasing Office at (479) 575-8220 to insure receipt of their proposal documents prior to opening time and date listed above. 26.) Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and test requirements, but is not intended to limit a RFP's content or to exclude any relevant or essential data. 27.) The RFP and any addenda issued may be obtained from at www.accessfavetteville.org and clicking "Bids, RFP's and RFQ's" then selecting the tab titled "RFP's". Proposers are at liberty and are encouraged to expand upon the details, qualifications and proposals to give additional evidence of their ability to perform and provide a system as described in this RFP. All updates and changes to the REP will be posted on the website and Proposers are encouraged to check daily for new information or updates. Each Proposer is required before submitting a proposal to be thoroughly familiar with the requirements and specifications listed in this RFP. Additional allowances will not be made due to Proposers' lack of knowledge relating to the terms, conditions and specifications contained within this RFP. It is the responsibility of the Proposer to determine if any component(s) of this specification do not meet the required standards of applicable federal, local, state law or specifications. 00 I 00.doc 3 28.) The proposal must contain the signature of a duly authorized officer or agent of the Proposer's company empowered with the right to bind and negotiate on behalf of the Proposer for the amounts and terms proposed. 29.) ***The Proposer is required to submit one (1) original and eight (8) copies of the proposal. In addition, one (1) electronic copy of all submitted documents shall be submitted on a properly labeled CD. The use of Adobe (PDF) is highly recommended but not mandatory. All electronic copies shall be compatible with Adobe and Microsoft Windows applications. 30.) It is intended that the all documents pertaining to this request for proposal shall define and describe the complete services to which they relate. 31.) The Proposer is advised to examine all documents and current parameters of the services in becoming fully informed as to their conditions. This includes the conformity with specific standards and the character, quality and quantity of the reports and services required. Failure to examine these areas will not relieve the successful Proposer of his obligation to furnish all deliverables and services necessary to carry out the provisions •of the contract. 32.) The City of Fayetteville will consider the degree to which each Proposer has submitted a complete proposal without irregularities, excisions, special conditions, or alternative proposals for any item unless specifically requested in the RFP. 33.) Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. 34.) The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effe,ct that is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. 35.) The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep hirnself/herself fully informed of all laws, ordinances and regulations of the Federal, State, County, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or 00100.doc 4 authority over same. If any discrepancy or inconsistency should be discovered in these Conn -act Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 36.) Proposer shall at all times observe and comply with all such existing and future laws, ordinances and regulations, and shall protect and indemnify City of Fayetteville and its agents against the violation of any such law, ordinance, regulation, order or decree, whether by himself/herself or by his/her employees. Licenses of a temporary nature, necessary for the prosecution of the services shall be secured and paid for by the successful Proposer. 37.) All work resulting in this contract shall be completed within one hundred twenty (120) days for debris removal and one hundred sixty (160) days for debris collection site closure from date of notice to proceed. 38.) The City of Fayetteville reserves the right to deviate from estimated quantities presented on these forms. 39.) Several sample forms are attached. Awarded Contractor agrees to use these forms or any other form as instructed by the City to assure proper and adequate documentation, security, etc. 40.) Awarded Contractor shall submit a safety action plan covering all aspects of the contractor's operations at thc same time Contractor subrnits bonding and insurance documents. The City will utilize the Professional Services Selection Policy & Procedure of the City (PLJ-13) to select the contractor(s). A professional selection committee will select the most qualified firm for the job by grading the firms based on the following percentage point structure: 1.) Qualifications in relation to scope of work --- 25% 2.) Experience, competence, & capacity for perforrnance = 25% 3.) Proposed method of doing work = 1 5% 4.) Past performance = 15% 5.) Price = 20% The submitted proposals will be reviewed by a Professional Selection Committee. The Committee will make a recommendation to the Fayetteville City Council for the selected contractor or contractors. The selected contractor(s) will be expected to enter into a contract with the appropriate engagement provisions. Other Considerations & Reservations: 1. All proposals should be concise and limited to 20 pages of written text, with an appendix listing past projects (which will not count toward 20 page limit). Proposers shall also submit all required documents, as instructed in this RFP. 001 00.doc 5 Section 00300 — Statement of Disclosure Section 00301 Debarment, Suspension, and Other Responsibility Matters Section 00305 — Primary Contacts Section 00310 — Proposal Section 00311 — Proposer's Statement of Subcontractors Section 00312 — Bid Bond Section 00420 Statement of Proposer's Qualifications These documents do not count towards the 20 page limit. All Proposers should include a 3 page maximum executive summary. The executive summary does not count toward the 20 page limit. 2. All proposals shall disclose any involvement in current litigation on any aspect of work described in this document. Failure to do so would serve as grounds for severing any contractual relationship. END OF SECTION 00100 00100.doc 6 SECTION 00212 SUPPLEMENTAL INFORMATION FOR PROPOSERS 1.0 GENERAL The purpose of this contract is for vegetative storm debris removal and tree trimming & removal within public lands and rights of way (ROW), and debris disposal site operations management. 2.0 GENERAL SCOPE OF SERVICES 2.1. The Contractor shall provide for debris removal and disposal of all eligible debris from the City of Fayetteville ROW and other described locations_ 2.2. The debris shall be taken to the approved dumpsites as indicated. AU necessary permits shall be obtained by the Contractor. 2.3. The estimated amount of debris to be removed under this contract is shown on the individual bid schedules, but not guaranteed. The unit price on the individual bid schedules will be used for payment. 2.4. The Contractor shall document the current conditions of all roadways, sidewalks and all structures to remain in the debris removal area. in addition, all roadways along the haul routes shall be documented. A representative of the City of Fayetteville or designee shall be present during this inspection. The Contractor shall provide photographic and/or video documentation. The documentation shall be submitted to the City of Fayetteville prior to beginning the work. 2.5. Haul and Dispose. The work shall consist of clearing, separating, and removing any and all eligible debris (see definitions of eligible debris) from public property only, including ROW of streets and roads. Work shall include: 1) examining and sorting debris to determine whether or not debris is eligible; 2) loading and sorting the debris; 3) hauling the eligible debris to the approved dumpsites. ineligible debris shall not be loaded, hauled, or dumped under this contract. The Contractor is liable for all ineligible debris handled during the life of this contract. The City of Fayetteville designee shall be immediately notified of any ineligible debris placed at the right of way for collection. 2.6. No debris shall be burned under this contract. 2.7. The Contractor shall make a maximum of three (3) passes with a minimum of one weekend between each pass. The contractor shall not move from one designated work area to another designated work area without prior approval from the City of Fayetteville designee. 002 1 2.doc 2.8. Any eligible debris, such as fallen trees, which extend onto the public ROW from private property, shall be cut at the point where it enters the ROW. Only that part of the debris that lies within the ROW shall be removed. Hazardous limbs are considered eligible debris and are defined as limbs greater than two inches in diameter that are still hanging in the tree and are threatening a public use area, such as a trail, sidewalk, road, etc. Holes present as a result of uprooted trees in the public ROW shall be filled to ground level. The Contractor shall not enter onto private property during the performance of this contract. The Contractor shall not cut down or trim any trees that have not been Marked by the Urban Forestry Services or requested by the City of Fayetteville or its designated representative 2.9. Tree Trimming and Cutting 2.9.1 No tree trimming and cutting can be performed until authorized in writing by the City of Fayetteville. Any individuals trimming or cutting trees must first obtain City of Fayetteville Arborist Certification. 2.10. Contractors shall note that much of the project will occur in residential areas. The contractors should exercise due care to minimize any damages to trees, shrubs, landscaping and general property. The Contractor shall repair any damages caused by the Contractor's equipment in a timely manner at no expense to the City of Fayetteville. The debris work area shall be left clear of debris and cleaned, as reasonably and practical under the conditions of this project. 2.11. The Contractor shall use equipment and perform work in a manner to prevent damages to the City of Fayetteville's infrastructure facilities and adjacent ROW's, including all landscaped areas. The Contractor shall repair any damages caused by the Contractor's equipment in a timely manner at no expense to the City of Fayetteville. All equipment shall be approved by the City of Fayetteville prior to use. All loading equipment is required to operate from the street/road using buckets and/or boom and grapple devices to remove and load the debris. Any damage to private property, sidewalks, curbs, or streets shall be repaired at the expense of the contractor. 2.12. The Contractor shall conduct the work so as not to interfere with the disaster response and recovery activities of federal, state, and local governments or agencies, or of any public utilities. 2.13. Thc City of Fayetteville and its contracting agents reserve the right to inspect the site, verify quantities and review operations at any time. 2.14. All work shall be accomplished in a safe manner in accordance with City of Fayetteville and OSHA standards. 002 i 2.doe 2 3.0 LOAD TICKETS 3.1. Load Tickets shall be used for recording the cubic yard volume of debris removed for disposal. The Contractor shall provide all load tickets to the City of Fayetteville. A copy of the load ticket to be used by the contractor shall be submitted for City of Fayetteville approval prior to beginning work. The load ticket numbers shall be sequentially numbered. The load tickets shall be a minimum of four -parts. A sample load ticket is included as an attachment. 3.2. Each ticket shall contain the following information: • Ticket Number • Contract Number • Contractor Name • Date • Truck or Roll -off Number • Truck Capacity • Point of Debris Collection • Loading Departure Time • Dump Arrival Time • Percent of Load • Actual Debris Volume • Debris Eligibility (Y/N) 3.3 A minimum four-part load ticket will be issued by a City monitor prior to transport of the debris from the loading site. The entire four-part load ticket is given to the vehicle operator. Upon arrival at the dumpsite, the vehicle operator will give the entire four-part load ticket to the City monitor. The City monitor will verify the hauler and equipment and establish a percent of truck capacity of the eligible cubic yardage of debris load. After documenting percentage to the nearest 5%, the City monitor will calculate the actual cubic yardage of the load. The actual cubic yard will be recorded on the load ticket by the City monitor to the nearest cubic yard. The City monitor will document the data on the load ticket. The City monitor will give one copy to the vehicle operator. One copy is then given to the contractor, the original is kept by the City monitor and the fourth copy will be for FEMA. The load tickets shall be submitted with the daily operational report. 4.0 DEBRIS CLASSIFICATION 4.1 Eligible Debris. Eligible debris is considered all storm related vegetative debris which is located within the public right of way and City owned property and defined below. 4.2 Stumps: The removal and disposal of all stumps shall be paid on the cubic yard basis, regardless or size or whether or not the stumps require extraction by the contractor. Stumps 24" or larger hauled separate from other debris shall be individually measured 002 I 2.doc 3 and converted to cubic yards using an approved conversion table to be provided by the City's representative. Uprooted stumps with an exposed root ball on improved public property or ROW 24" or larger that create an immediate threat to life, public health, and safety which have to be extracted by mechanical means maybe addressed on a case by case basis by the City after FEMA approval. Stumps not approved in advance by FE1V1A shall be paid for on a cubic yard basis. 4.3 Debris: Only storm related vegetative debris including trees, limbs, trunks, and stumps shall be collected under this contract No other materials of any type shall be collected. 5.0 PERFORMANCE SCHEDULE 5.1. The Contractor shall commence performance within twenty-four (24) hours of receipt of notice to proceed. 5.2. Prior to commencing debris removal operations a contractor shall, at the City of Fayetteville's direction, provide a work plan showing where operations will begin and which streets/roads, parks, and other areas will be cleared on a 7 and 14 day projection. The plan shall be updated daily and provided to the City weekly basis, no later than noon Wednesday. 5.3. The Contractor will be required to work, at a minimum, a ten (10) hour day, seven (7) days a week during the first pass removal phase. The Contractor will be required to work, at a minimum, a ten (10) hour day six (6) days a week during the remaining debris removal passes. The City of Fayetteville reserves the right to extend or reduce the hours and days of operation during the contract period. All activity associated with debris operations shall be performed during daylight hours. The contractor may work 7 days per week including holidays or as directed by City of Fayetteville. The Contractor may work more than ten (10) hours per day if approved, provided all work is performed during daylight hours. Debris site operations at the two approved debris disposal sites may operate longer hours and during darkness upon written approval from the City of Fayetteville. 5.4. Maximum allowable time for completion shall be one hundred twenty (120) calendar days for all debris removal, and one hundred sixty (160) calendar days for closure of disposal sites, unless the City of Fayetteville initiates additions or deletions to the contract by written change order. Both parties pursuant to applicable city, county, state and federal law will equitably negotiate subsequent changes in cost and completion time. 5.5. Liquidated damages shall be assessed at a rate of $2,000 per calendar day per quadrant in which the contractor is removing and disposing of debris. 5.6. The Contractor shall be responsible for repairing all damages as a result of negligence. The Contractor shall be responsible for tilling to grade with like material all surface damage, such as rutting and pavement damage, caused by the Contractor's equipment 002 I 2.doc 4 during debris removal. The contractor shall repair all damage to existing grade, road shoulders, sidewalks, drainage structures, trees, shrubs, grassed areas, etc., caused by the Contractor's equipment and personnel. The Contractor shall preserve and protect all existing structures, infrastructures, vegetation, etc., on or adjacent to the area of work. The Contractor shall repair or replace with like materials all damaged mail boxes on the same day which the damage occurred. The contractor shall contact the person(s) making claims regarding damages within two (2) days of receiving said claim. The Contractor shall provide the City with a weekly report outlining the status of all damage concerns and claims. 6.0 EQUIPMENT 6.1. All tucks and other equipment must be in compliance with all applicable federal, state, and local rules and regulations. All trucks and other equipment shall be equipped with back up alarms. Any truck used to haul debris must be capable of rapidly dumping its load without the assistance of other equipment. Sideboards or other extensions to the bed are allowable provided they meet all applicable rules and regulations, cover the front and both sides, and are constructed in a manner to withstand severe operating conditions. The sideboards are to be constructed of 2" by 6" boards or greater and shall not to extend more than two feet above the metal bedsides. All extensions are subject to acceptance or rejection by the City of Fayetteville. The contractor shall provide means to rapidly unload any trailer that does not have a means for dumping. All trailers shalt have a metal -framed exterior and a minimum of 5/8" plywood (not wafer board) interior walls. All equipment used -to haul debris shall be equipped with a tailgate that will effectively contain the debris during transport and permit the truck to be filled to capacity. Plastic webbing is not acceptable for a tailgate. All hauling equipment shall be measured and marked for its load capacity. The Contractor is responsible for ensuring all loading and transport equipment complies with state and local laws. The Contractor shall inspect all equipment prior to use. The City of Fayetteville will provide a form for this purpose. 6.2. Trucks and other heavy equipment designated for use under this contract shall be equipped with two signs, one attached to each side. These signs shall be furnished by the Contractor. The signs shall be approved by the City of Fayetteville. Magnetic signs are not permitted. The signs shall contain the following information: • Company Name • Truck Number • Cubic Yardage with or without sideboards • Inspector's Name and Date An example sign is included as an attachment. 6.3. Prior to commencing debris removal operations, the Contractor shall present to the City of Fayetteville all trucks, trailers, or containers that will be used for hauling debris. Each truck or trailer will be measured to determine the load capacity. Each truck or trailer shall 002 1 2.doc 5 be numbered and clearly display the load capacity for identification with a permanent marking. The City of Fayetteville or its designee may, at any time, request that the trucks be re -measured. The Contractor shall notify the City of Fayetteville each time a new truck, trailer or container is to be used under this contract. No capacity can exceed 100% of the measured volume. 6.4. Trucks or equipment which are designated for use under this contract, shall not be used for any other work during the working hours of this contract. The Contractor shall not solicit work from private citizens or others to be performed in the designated work area during the period of this contract. Under no circumstances will the Contractor mix debris hauled for others with debris hauled under this contract. 6.5. Loading equipment used under this contract shall be rubber tired and sized properly to fit loading conditions. Excessive size loading equipment (6 CY and up) and non -rubber tired equipment must be approved by the City of Fayetteville. 6.6. Contractors who are responsible for an operating quadrant which contain a City of Fayetteville disposal site are responsible for all operations of said disposal site, to include but not limited to: 00212.doc 6.6.1. chipping all eligible debris; 6.6.2. traffic control, dust control, erosion control, fire protection, on-site roadway maintenance, stormwater management, and security and safety measures; 6.6.3. internal road network to allow for separate ingress and egress from the site; 6.6.4. 'site management with a full time dedicated project manager on site; 6.6.5. The Contractor shall manage the site to accept debris collected under other contracts if authorized by the City, and the Contractor will not be paid for debris delivered to the debris site that was brought in by others. The Contractor shall manage the site to accept debris brought to the debris site by private Citizens, other City departments, volunteers and others if authorized by the City. The Contractor will not be paid for hauling costs for debris delivered to the debris site by others. The contractor will NOT accept any debris brought to the debris site by private Commercial businesses that do not have contracts with the City. The Contractor shall direct traffic entering and leaving the site, and shall direct dumping operations at the site. The contractor will maintain all of the required documentation required under this contract for others with City Contracts, Citizens, volunteers, other City Departments, other governmental agencies and jurisdictions, and other approved City groups. Debris delivered to this site by Citizens, volunteers, other City Departments, other governmental agencies and jurisdictions, and other approved City groups shall be separated into separate piles that cannot be merged. The Contractor will be paid for reduction and disposal, as required under this contract, for debris brought to the debris site and for unchipped debris already located at the debris site; 6.6.6. Restoring the site to natural vegetative conditions. 6.7. The Contractor responsible for disposal site operation shall provide an inspection tower at each dumpsite. This tower shall be constructed such that the City of Fayetteville monitor can see the bed when empty and to fully view the debris load (at least 10 feet above the existing ground surface), establishing the volume. The inspection tower shall be constructed to meet all local, state and federal safety requirements. The tower shall be constructed using pressure treated wood. The floor area shall be 8' by 8', constructed of 2" x 8" joists, 16" O.C. with 'A" plywood supported by four 6" x 6" posts. The perimeter of the floor area shall be protected by a 4 foot high wall constnictcd of 2" x 4" studs and 1/2" plywood. The floor area shall be covered with a corrugated tin roof. The roof shall provide a minimum of 6'-6" of head room below the support beams. Access shall be provided by wooden steps with a hand rail. The towers shall include a writing surface area. The contractor may provide a mechanical lift to be used in place of the constructed tower. The Contractor shall remove and dispose of the inspection towers following completion of the debris removal at the direction of the City of Fayetteville. The contractor shall provide portable restroom facilities at all dump sites. 6.8. All debris shall be mechanically loaded and reasonably compacted. 002 I 2.doc 7 7.0 REPORTING 7.1. The Contractor shall submit a report to the City of Fayetteville each day for the term of the contract. A sample daily haul record is attached. Each report shall contain, at a minimum, the following information: • Contractor's Name • Contract Number • Truck Number • Location of work • Day of Report • Daily and cumulative totals of debris removed, by category 7.2. Discrepancies between the daily operational report and the corresponding load tickets shall be reconciled no later than the following day. 7.3. The Contractor shall provide the City with a weekly report outlining the status of all damage concerns and claims. 8.0 OTHER CONSIDERATIONS 8.1. The Contractor shall supervise and direct the work, using skillful labor and proper equipment for all tasks. Safety of the Contractor's personnel and equipment is the responsibility of the Contractor. Additionally, the Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract. 8.2. The Contractor shall be duly licensed in accordance with city, state, and county statutory requirements to perform the work. 8.3. The Contractor shall be responsible for taking corrective action in response to any notices of violations issued as a result of the Contractor's or any subcontractor's actions or operations during the performance of this contract. Corrections for any such violations shall be at no additional cost to the City of Fayetteville. 8.4. The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area. The Contractor shall provide all flag persons, signs, equipment, and other devices necessary to meet federal, state, and local requirements. The traffic control personnel and equipment shall be in addition to the personnel and equipment required in other parts of this contract. At a minimum, one flag person should be posted at each approach to the work area. Work shall be accomplished in a safe manner in accordance with City of Fayetteville and OSHA standards. 8.5. The Contractor is responsible for obtaining all applicable environmental and regulatory permits prior to the Contractor commencing operations. 00212.doc 8 8.6. The Contractor is responsible for dust control. The Contractor shall be in compliance with all state and local requirements for dust control. 8.7. The City of Fayetteville may suspend contractor operations due to inclement weather. The performance period may be extended for weather delays. 8.8. The Contractor shall employ as many local residents and subcontractors as possible as part of this contract. 9.0 FINAL DISPOSITION All vegetative debris is to be ground to wood chips. Final disposition of these Chips is not known at this time. 10.0 MEASUREMENT Measurement for all debris removed shall be as shown on the Proposal. 11.0 BONDING AND INSURANCE 11.1. Prior to signing of contract, Contractor agrees to furnish the City of Fayetteville with all applicable certificates of insurance, listing the City of Fayetteville as an additional insured. Within 24 hours following signing of contract, Contractor shall provide copies of insurance policies including all endorsements. In addition, a 100% performance and payment bond equal to the contract amount is required within 24 hours of award of the contract. The contractor shall be able to cover expenses associated with a major recovery operation prior to the initial payment and between subsequent payments as well as the aforementioned bonds and insurance. Contractor mobilization costs will not be paid if the Contractor is unable to obtain bonding. 11.1.1 Worker's Compensation A. State: Statutory 13. Applicable Federal: Statutory C. Employer's Liability: $500,000 11.1.2 Comprehensive General Liability Insurance, includes Completed Operations: A. Bodily Injury Liability: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate B. Property Damage Liability: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate 00212.doc 9 11.1.3 Contractual Liability Insurance: A. Bodily Injury Liability: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate B. Property Damage Liability: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate 11.1.4 City of Fayetteville's and Contractor's Protective Liability Insurance: 00212.doc A. Bodily Injury Liability: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate 10 B. Property Damage Liability: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate 11.1.5 Automobile Liability: A. Bodily Injury Liability: $1,000,000 Each Person $2,000,000 Annual Aggregate B. Property Damage Liability: $ 250,000 Each Occurrence 11.2. The Contractor shall save and hold the City of Fayetteville harmless from and against all liability, claims and demands on account of personal injuries (including without limitation workmen's compensation and death claims) or property loss or damages of any kind whatsoever, which arise out of or be in any manner connected with, or are claimed to arise out of or be in any manner connected with, the performance of this contract, regardless of whether such injury, loss or damage shall be caused by, or be claimed to be caused by, the negligence or other fault of the Contractor, any subcontractor, agent or employee. 12.0 PAYMENT 12.1. Payment for work completed may be invoiced on a monthly basis. Invoices shall be based on reconciled load tickets from the daily operational reports. Payment will be based on the unit pricing submitted by the contractor in the attached PROPOSAL. The City of Fayetteville will pay all invoices net 30 days from the date of invoice. 12.2. Time is of the essence to the performance hereunder and the City of Fayetteville shall recover from the Contractor any delay costs caused by the acts or omissions of the contractor or its agents. Except as otherwise provided herein, payment shall be made for actual work accepted and completed. If the Contractor has not been paid within thirty days following the date of hand delivery to the City of Fayetteville authorized agent of said invoice, the Contractor shall also be paid a late payment charge consisting of interest calculated at the rate of one and on -half percent per month calculated from the expiration of the thirty day period until fully paid. Payment made is based on the post mark date or hand delivery date. No late payment interest shall be due and owing for payments withheld in good faith for reasonable cause. 12.3. The City of Fayetteville authorized agent shall retain a percentage of said payment equal to 5% of the value of each pay estimate. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. 002 l2. doe 12.4. The City of Fayetteville may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. 12.5. Final payment, less any offsets or deductions authorized hereunder or by law, shall be made within thirty days of the certification of completion of the project by the City of Fayetteville authorized agent provided the Contractor has completed filing of all contractually required documents and certifications with the City of Fayetteville authorized agent including acceptable evidence of the satisfaction of all claims or liens. 13.0 PRIORITY OF WORK 13.1. The Contractor shall schedule his work in the most efficient manner possible, provided the following priorities. 13.1.1. First Priority shall be given to numbered Arkansas State Highways. 13.1.2. Second priority shall be given to City owned four lane streets. 13.1.3. Third priority shall be given to roads within four hundred (400) yards as measured by road centerline distance, from schools and healthcare facilities. 13.1.4. All other roads shall be cleared in the most efficient fashion as determined by the Contractor. 14.0 CHANGES, ADDITIONS, DEDUCTIONS AND EXTRA WORK Upon proper action by the Fayetteville City Council and Mayor, the City of Fayetteville's authorized agent may authorize changes, additions or deductions from the work to be performed by written notice to the Contractor. No extra work shall be done or any obligation incurred except upon written order by the City of Fayetteville's authorized agent. If any change causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, the City of Fayetteville's authorized agent, with Fayetteville City Council and Mayor Approval, shall make an equitable adjustment and modify the contract in writing. 15.0 WARRANTIES AND REPRESENTATIONS 15.1. This contract is binding upon and inures to the benefit of the City of Fayetteville and is the whole agreement of the parties and governed by the Law of the State of Arkansas. Arkansas law shall prevail in all cases at all times. oo212.doc 12 15.2. The Contractor shall comply with all Federal, State, County, and municipal laws, ordinances, and regulations. The Contractor shall not discriminate against any employee or applicant due to sex, race, color, creed, national origin or ancestry. The Contractor further certifies he is eligible to perform this contract under local and Federal law, is not now and has never been debarred from performing Federal or State government contracts and that all subcontractors used in the performance of this contract have the same qualifications. The attached debarment suspension form shall be included as part of the proposal. 116.0 DEFICIENCIES, CORRECTIVE ACTIONS AND DEDUCTIONS 16.1. When the Contractor's work does not conform to the Contract requirements completely, a deficiency exists. If a deficiency(s) is serious enough to render a service unacceptable, it is also considered a defect. Defects are important in determining if non-compliance levels have been exceeded for services inspected. 16.2. Corrective Actions. If deficiencies are identified, the City of Fayetteville must take action to correct those deficiencies using one, or in some cases a combination of, the following: 16.2.1. Stop Unsafe Work. The City of Fayetteville's authorized agent may immediately stop work on that portion of the job affected by a safety hazard, until it is corrected; 16.2.2. Issue a Stop Work Order. If the City of Fayetteville's authorized agent determines the deficiency is serious, the City of Fayetteville reserves the right to issue a stop work order; 16.2.3. Reduced Value Deduction. The City of Fayetteville may reduce the Contract price to reflect the reduced value of the services performed. This method is normally used when the work is performed by the City of Fayetteville or another contractor rather than a Contractor under this contract. The amount of the deduction is equal to the value of the service(s) not performed. As appropriate, calculation of deductions for certain deficiencies will be made using approved methods allowed by the contract clause entitled "Inspection of Services"; 16.3. The City of Fayetteville may discuss corrective actions with the Contractor to prevent future occurrences. 16.4. The City of Fayetteville's authorized agent will notify the Contractor, in writing, of any observed noncompliance with the aforementioned Federal, State, or local laws or regulations. Such notice, when delivered to the Contractor at the site of the work, shall be deemed sufficient for the purpose. After receipt of such notice, the Contractor shall immediately inform the City of Fayetteville's authorized agent of proposed corrective action, and take such action as may be approved. If the Contractor fails or refuses to comply promptly, the City of Fayetteville's authorized agent may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the 00212.doc 13 time lost due to any such stop orders shall be made the subject of a claim for extension of time, or for excess costs or damages by the Contractor. 17.0 NOTICES 17.1. At the time of award, the Contractor shall designate, in writing, a Contractor Representative to receive any Notice required hereunder and who shall be available at the local work site in the City of Fayetteville, Arkansas during all times that the Contractor is performing work in accordance herewith. A copy of said designation shall be provided to the City of Fayetteville's authorized agent at the time of award. 17.2. The only City of Fayetteville personnel authorized to receive any Notice required hereunder is the City of Fayetteville's authorized agent. Said Notice must be hand delivered during normal business hours to the location designated by the City of Fayetteville, Arkansas. 18.0 OTHER CONTRACTS The City of Fayetteville reserves the right to issue other contracts or direct other contractors to work within the area included in this contract. 19.0 TERMINATION 19.1. This contract may be terminated at any time for the convenience of the City of Fayetteville. 19.2. This contract shall be terminated for cause if the Contractor defaults in the performance of any of the terms hereof, including but not limited to: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the contract, third party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause; or otherwise fails to cure any other deficiency identified by the City of Fayetteville's authorized agent within 24 hours of delivery of notice of said deficiency. The City of Fayetteville retains all other legal or equitable rights or remedies existing as a result of said default, including but not limited to any legal process necessary to obtain any sureties securing this contract. Any reasonable attorney's fee incurred in enforcing this contract will not exceed 5% of said contract price. 20.0 ACCEPTANCE OF CONTRACT The Contractor shall provide all the documentation required for bonding and insurance of this contract within the specified time limit, and provide a list of all Sub -Contracts and Proof of Insurance of all Sub -Contractors being used under this contract The Contractor shall provide the City of Fayetteville the required insurance certificate(s) with a clause that shows Indemnity and Hold Harmless from injuries, damages, or losses 00212.doc 14 caused by the negligent actions of the Contractor or its Employees to the City of Fayetteville. The Contractor shall provide proof of Workman's Compensation as required by the State of Arkansas. As agreed upon by the Fayetteville City Council and DRC Emergency Services, LLC, local sub -contractors and individuals will be used, to the extent possible, during this debris removal project. The Contractor agrees to complete the work in a professional, workmanlike manner and within the scope of work guidelines set forth above based on the unit pricing submitted by the contractor in the attached PROPOSAL. FREEDOM OF INFORMATION: City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the Contractor 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. JURISDICTION: Legal jurisdiction to resolve any disputes shall be interpreted under Arkansas law. 00212.doc 15 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: XX 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR PROPOSAL: 1.) 1, 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. Mark Stafford Printed Name Signature February 13, 2OO.9 Date 00300. doc 3 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 judgement 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. Mark Stafford Chief Operations Officer Typed Name & Title of Authorized Representative - fU Signature of Authorized epresentative 0030).doc 2-13-09 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, Tuesday, February 17, 2009, Wednesday, February 18, 2009, Thursday, February 19, 2009, Friday, February 20, 2009. NameofFirm: DEC Emergency Services, LLC Name of Primary Contact: Mark Stafford Title of PrimaryContact: Chief Operations Officer Pbone#1(cell preferred): 504-415-7945 E -Mail Address: , ms taf f prd ladreu s a . c om Phone#2: 251-343-3581 Is the primary contact (listed in Part I) able to legally bind Name: Title: Phoue#1 (cell preferred): E -Mail Address: 00305.doc if no, please list contact that can legally bind a contract for the firm: Phone#2: SECTION 00310 PROPOSAL LOCATION: CITY OF FAYETTE'VILLE RWOM 306 113W. MOUNTAIN FAYETTEVILLE AR 72701 DATE: February 19, 2009 at 10:00 a.m. LOCAL TIME Proposal of. DRC Ej!ergenc_y Services, LLC Address: 740 Museum Drive Mobile AL 36608 Proposal For: STORM DEBRIS 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. 00310,doc Debris Estimate Worksheet Vegetative Debris Removal NE Quad NW Quad SE Quad SW Quad Total Public/Private Roads Linear Miles 101.46 148.32 129.94 144.62 524.34 Canopy Acres 925 774 1461 1204 4364 Cubic Yards 82325 68886 130029 107156 388396 Park Land Canopy Acres 45.2 56 14.2 17.4 132.8 Cubic Yards 4023 4984 1264 1549 11 819 Trails Linear Miles 1.79 6.42 0.77 1.62 10.60 Canopy Acres 0 18 4 6 27 Cubic Yards 4 1579 320 496 2399 Streams Linear Miles 14 12 14 23 63 Canopy Acres 24 26 32. 55 136 Cubic Yards 2136 2319 2812 4879 12146 Other Sites Canopy Acres 19 11 17 11 58• Cubic Yards 1691 979 1513 979 5162 TOTAL Canopy Acres 1013 885 1527 1293 4718 TOTAL Cubic Yards 90,179] 78,747 135,937 115,059 419,922 All volume calculations are based on 89 cubic yards of debris per canopy acre. Trees Needing to Be Pruned and Removed NE Quad NW Quad SE uad SW Quad Total Public/Private Roads Park Land Trees Removed 466 390 737 607 2200 Trees Pruned 1908 1596 3013 2483 9000 Trees Removed 23 28 7 . 9 66.9312 Trees Pruned 93 115 29 36 274 Trails Trees Removed 0 9 2 3 13.58 Trees Pruned 0 37 7 11 56 Streams Trees Removed 12 13 16 28 69 Trees Pruned 49 54 65 113 281 Other Sites Trees Removed 10 6 9 6 29 Trees Pruned 39 23 35 23 119 TOTAL Trees Removed 511 446 770 652 2379 TOTAL Trees Pruned 2,089 1,824 3,150 2,666 9,730 Trees Removed < 24" 485 424 731 619 2,260 Trees Removed => 24" 26 22 38 33 119 Equivalent trees removed per canopy acre: 2200/4364 0.504125 Equivalent trees pruned per canopy acre: 9000/4364 2.062328 Estimate I in 20 is > 24" 00310.doc Contract Section 1, Northwest Quadrant: Item Item Description Est, Unit _ Unit Price _ Extended Removal of vegetative debris from I assigned load site to disposal site includin ickn ulin dis osin 78,747 e / I ___ _ to�3 '1( 4 2 Stump grubbingtremoval 24".48" 45 Po� 4/SO. 3 S bbin removal > 48" 9 Ci4QO D 4 Tree removal & disposal 6" = 24" DBH 42 ca a Q Q 5 Tree removal & disposal > 24" DBH 22 ea 7 3Q. 6 Limb removal per tree 1,824 ca Z) S$ 9 Management, processing and loading of all debris and/or residue at the disposal site; including locating, preparing and layout of sites; management, 7NW maintenance, and operation of the site; the receiving, sorting, segregation, processing and reduction of debris (as described in other sections of this bid) per cubic yard of material processed o c i . /7 Total Base Proposal, Contract Section 1, Northwest Quadrant as outlined on Proposal Form: S 4,'Ai , q Amount in Words 1 S / Figures S, jr hvnarrre 447 e� -he' We, the undersigned, have declined to propose on Contract Section 1, Northwest Quadrant, TURE AND TITLE 0031©,doc 5 Contract Section 2, Northeast Quadrant: Item Item Descrivtion Est. Unit ce Unit Price Extended • Removal of vegetative debris fromjea. I assigned load site to disposal site ineludin icku /haulin osin 90,179 $� {o 2 Stump grubbing/removal 24" - 48" 45 i3Lf.c,o 41 / 5 3 3 SLump grubbing/removal > 48" 9 'f 14O.O l- 4 Tree removal & disposal 6" Q 24" D13H 485 eb c3 S 5 Tree removal & di osal > 24" DBH 26 ! $ 00 6 Limb removal tree 2 089& .OO Management; processing and loading of all debris and/or residue at the disposal site; including locating, preparing and layout of sites; management, 7NE maintenance, and operation of the site; the receiving, sorting, segregation, processing and reduction of debris (as described in other sections of this bid) /, 15 t, d O per cubic yard of material processed 0 e Total Base Proposal, Contract Section 2, Northeast Quadrant as outlined on Proposal Form: ,rce un reJ s_ -39(0 b& f. 0/ Amount in Wo ds �/��Figures s'X l�v cl re e.c '6 7 -Fa v t-�C (2 4 a We, the undersigned, have declined to propose on Contract Section 2, Northeast Quadrant, TURE AND 00310,doc 7 Contract Section 3, Southwest Quadrant: Ttern Item Desctnption Est. Unit Unit Price Extended _ Amt Removal of vegetative debris from I assigned load site to disposal site includin icku aul n dis osin 115059 c 3 2 Stump grubbing/removal 24" - 48" 54 t: � $ $ 3 Stump ubling/remcval > 48" II e r - a Q 4 Tree removal & disposal 6" = 24" DBH 619 ea ≤. O as' 5 Tree removal & di osal > 24" DBH 33 ea rf6 4[ 4 SO t 6 Limb removal pci tree 2,666 ea F � fS 3/ a Management, processing and loading of all debris and/or residue at the disposal site at 5 South 54th Avenue; including preparing and layout of site; 7S management, maintenance, and W operation of the site; the receiving, sorting, segregation, processing and reduction of debris (as described in other sections of this bid) per cubic d of material processed 300,000 c I. B D JcO p Reduction and processing of existing 8 onsite dcbris 20,000 DCk1 Total Base Proposal, Contract Section 3, Southwest Quadrant as outlined on Proposal Form: e tAtIAdfe d i' e,,I 6"x 7t.cc/, �1c' $ Sd� Oo/. �d Amount in Words Figures CIY o /l / a r A.i /-ir1 Pn ' y (t f S - We, the undersigned, have declined to propose on Contract Section 3, Southwest Quadrant TUBE AND 003] Odes .a O as 00 oa Contract Section 4, Southeast Quadrant: Extended Item Item Description Est. Unit Unit Puce Amt Removal of vegetative debris from 1 assigned load site to disposal site II'' ` including 135,937 73T? 7f 2 Stump grubbing/removal 24" - 48" 65 c $ �a o' O 3 Stump bbin removal > 48" 15 •. QQ CY.D. 4 Tree removal & diposa16" = 24" DBH 731 ea 7,x.O .. 5 Tree removal & disposal> 24" DBH 38 Ca 0 6 Limb removal pertrcc 3,150 ea Q Management, processing and loading of all debris and/or residue at the disposal site at 1400 North Fox Hunter Road; including preparing and layout of site; 7SE management, maintenance, and operation of the site; the receiving, sorting, segregation, processing and Y; reduction of debris (as described in other sections of this bid) per cubic 4 /. 00 42 yard of material processed 250,000 c D x. Reduction and processing of existing Q fib? O 8 onsite debris 20,000 C , O00 . Total Base Proposal, Contract Section 4, Southeast Quadrant as outlined on Proposal Form: ciP Au/dIiLI Spy ' Asa.,d, s $702, SOd. /4 Amountin Words Figures e;- Cl c do I/ eVS We, the undersigned, have declined to propose on Contract Section 4, Southeast Quadrant. 7" URE AND 00310.doc 11 _oc .oO 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 ninety (90) days after the day of PROPOSAL Opening. Proposer will sign the Agreement required by these Contract Documents within three (3) calendar 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: 1 Failure to list all necessary Addenda issued by the OWNER or the ENGINEER could mean the PROPOSAL submitted by the Proposer may be deemed unresponsive and not read publicly. In submission of the PROPOSAL, Proposer represents that they have examined the site and locality where the Work is to be performed, the legal requirements (Federal, State and Local Laws, Ordinances, Rules and Regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Proposer deems necessary. In submission of the PROPOSAL, Proposer represents that this PROPOSAL is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. The Proposer represents that they have not directly or indirectly induced or solicited any other Proposer to submit a false or sham PROPOSAL. The Proposer represents that they have not solicited or induced any person, firm or corporation to refrain from proposing and have not sought by collusion to obtain for themselves any advantage over any other Proposer or over the CITY OF FAYETTEVILLE. 0031 o.doc 13 All terms used in the PROPOSAL are defined and have the meanings assigned to them in the General Conditions of these Contract Documents. Attached to this PROPOSAL FORM is the required PROPOSAL Security in the form of a Bid Bond or Certified Check in the amount of five (5) percent of the Total Proposal Amount. Proposer submitting this PROPOSAL is: y X❑ A C mbrpoted a* oi,4 inncorpo ted m the State of _Alabama OA Partnership, consisting of the following partners, whose full names are: ❑ An Individual whose full name is: DRC Emergency Services, LLC General Contractor (Firm Name) M4L Ii - Signed By Chief Operations Officer Title 2-13-09 Date 740 Museum Drive Address Mobile, AL 36608 7c1-3[,3--35-81 -- -Eax.- 251-343-2221 Telephone Number & Fax 0184780409 Contractor's License Number END OF SECTION 00310 00310.doc 14 RFP 09-04, Addendum 1 &2 Ta T e I ARKANSAS Date: Friday, February 13, 2009 To: All Prospective Vendors From: Andrea Foren, CPPB — 479.575.8220 — aforen(aD-ci.tayettevitte.ar.us RE: RFP 09-04, STORM DEBRIS 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 09-04, 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 10:00 AM, Central Standard Time. 2.) 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. 3.) Section 00100, page 1. Paragraph 1 is removed and rep_laced 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. 4.) Section 00310, page 13: 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. 5.) Section 00310, page 14: Delete the line referencing Contractor's License Number. No license number need be submitted with the proposal. However, this does not waive the requirement for all contractors to meet all applicable federal, state, and local licensing requirements. 6.) Per Section 00212, page 2, paragraph 2.9.1: City of Fayetteville Arbor Certification is required of ALL contractors. Other certifications alone do not meet this requirement. 7.) Both disposal sites referred to in the RFP are owned by the City of Fayetteville. Neither tipping fees nor rent are required to be paid. 8.) A page is counted as one side of one sheet of 8'/2" by 11" paper containing any print. A sheet of paper with double sided printing shall count as two pages. Acknowledge Addendum #1 and Addendum #2: Printed Name: City of Fayetteville RFP 09-04, Addendum 2 Page 1 of 1 Signature: _- = . Title: ' et' i ate: Corngany: G 1('i RFP 09-04, Addendum 3 tteVi11e RKANJAS Date: Friday,' February 13, 2009 To: All Prospective Vendors From: Andrea Foren, CPPB — 479.575.8220 -- aforenOci.fayetteville.ar.us RE: RFP 09-04, STORM DEBRIS 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 09-04, 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 72701 before Tuesday, February 17, 2009 at 2:00 PM, Central Standard Time. Acknowledge Addendum #3: Printed Name: Signature: City of Fayetteville RFP 09-04, Addendum 3 Page 1 of 1 Title: — O' 0 Company: i_ __ Date: -) ! 17 ;) C 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: NAME BUSINESS ADDRESS WORK TO BE PERFORMED 1.Cahaba Disaster 4619 Springhill Ave Removal of vegetative debris, Recovery, LLC Mobile, AL JbU stump grinding, tree removal 2CDP, Inc. PO-Box.2824:•• Removal of vegetative debris, BaYSL• oUis, Nb stump grinding, tree removal 39520 3, 4. S. 6. 7. 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: 2-13-09 Signed:- 00311doc SECTION 00312 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, DRC ERGENCf SERV CES LLC as Pzmcipal, and SAPEC0 .INSURANCE COMPANY OLD AMERICA as Surety, are hereby hold and firmly bound unto the City of Fayetteville, hereinafter called the OWNER in the penal sum of FIVE PERCENT (5) OF TtIE AMOUNT ID --------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 he City of Faye tevtille a certain PROPOSAL, attached hereto and hereby made a part -hereof to enter i nto a ctract in writing, for Project _ STORM DEBRIS SERVICES-RFP#09—O4 _ - — _ NOW, THEREFORE, (a) If said PROPOSAL shalt be raj acted, 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 tbrnishing materials in tonne tion therewith, and shall in all other respects perform the agreement created by the acceptance of said P1WPOSAI, 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. 00312.doa 1 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 .day of . February , 2009. D EME GENCY :SERVICES, LLC v v r+ a• tS4 SoA (Princpa!) SAFECO INSURANCE COMPANY OF AMERICA (Sure) By: ` Andrew P. Underwood, Attorney -in -Fact END OF SECTION 00312 Arkansas Countersi ing Agent: Matthew K. Cashion, Jr. The Cashion Company, Inc. 321 Scott Street, Little Rock, AR 72201 00312.doc 2 Safeco Insurance Company of America POWER General Insurance Company of America * ' Safeco Plaza A OF ATTORNEY Seattle, WA 98185 No. 13364 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***•***ROBERT W. RUSS, III; ANDREW P. UNDERWOOD; Mobile, its true and lawful attorneys) -In -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th November 2008 day of f_f Edmund C. Kenealy. SAeretary Timothy A. Mlkolalewskl. Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (II) A copy of the power -of -attorney appointment, executed pursuant thereto, and (ill) Certifying that said power -of -attorney appointment Is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Edmund C. Kenealy Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 17th wrY�5ef' L , SEAL x A day of February 2009 Edmund C. Kenealy, Secretary Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. S-09741OS 10/08 WEB P0F SECTION 00420 STATEMENT OF PROFOSER'S QUALIFICATIONS All requests must be addressed in writing and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The PROPOSER may submit any additional information he/she desires. A. RE VESTS REGARDING PROPOSER 1. Name of Proposer. 2, Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you. (If so, where and why?) 9. Have you ever defaulted on a contract? (If so, where and why?) 10. List similar project of the size and magnitude of this Project which were completed by your company, stating the cost for each and the month and year completed. Include the entity for which the work was performed with names, titles, and phone numbers. 11. List your major equipment currently available for this contract and designate whether owned or leased. 12. Background and experience of field personnel currently employed by your organization who will perform the work. 13. Background and experience of the principal members (officers) of your organization. Include president, vice president, secretary, treasurer, etc. 14. Give bank reference. 15. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Fayetteville. 16. Give bonding agent and limit. 17. If subcontractor is to be used for this contract, state the percentage of work anticipated to be completed by subcontractor. If subcontractor is to perform work, provide a separate Statement of Proposer's Qualifications regarding subcontractor and the method used by the subcontractor. Refer to Section 00100 & Section 00311. 00420.doe DRC Emergency Services 740 Museum Drive • Mobile, Alabama 36608 1-888-721-4372 • 1-25I-343-3581 . FAX 1-251-343-5554 STATEMENT OF PROPOSFR'S QUALIFICATIONS I . Name of Proposer: DRC Emergency Services, LLC 2. Permanent Main Office Address: 740 Museum Dr., Mobile, AL 36608 3. When Organized: 2001 (DRC Group organized in 1989) 4. Where Incorporated: Alabama LLC 5. How many years engaged in contracting under this name: Approximately 20 (DRC Inc. was founded in 2009) 6. Contracts on Hand: Contract Owner Scope of Work. Percent of Completion Plaquemines Parish, LA Katrina Silt Removal 85% Complete Plaquemines Parish, LA Katrina Demolition 97% Complete Plaquemines Parish, LA Prowm Building 10% Complete Plaquemines Parish, LA District Eight Building 10% Complete Plaquemines Parish, LA Buras Auditorium 10% Complete Plaquemines Parish, LA Buras Library 10% Complete Plaquemines Parish, LA Port Sulphur Government Building 20% Complete USACE Coldwater Creek (MS) -- Debris Removal 40% Complete City of Houston Hurricane Ike Debris Removal 95% Complete Harris County Texas Hurricane Ike Debris Removal 95% Complete Galveston, Texas Hurricane Ike Debris Removal 75% Complete Jefferson County, Texas Hurricane Ike Debris Removal 95% Complete Jamaica Beach, Texas Hurricane Ike Debris Removal 85% Complete Jefferson County Drainage District Texas Hurricane Ike Debris Removal 75% Complete Trinity Bay Conservation District, Texas Hurricane Ike Debris Removal 20% Complete Texas DOT (Orange County, et al) Hurricane Ike Debris Removal 20% Complete North Topsail Beach, North Carolina Beach Construction 0% Complete New Orleans, LA Katrina Demolition t35% Complete New Orleans,'LA Katrina Selective Salvage ; 90% Complete Jefferson Parish, Louisiana Katrina Demolition ; `90% Complete General character of work performed: DRC Emergency Services, LLC (DRC ES), part of the DRC family of companies (DRC), is among the leading disaster management companies in the United States that provide emergency preparation, response, and recovery from major catastrophes. The primary mission of DRC ES is professional, honest, and immediate response to natural and man-made disasters throughout the world. DRC and DRC ES have, over the past seventeen years, developed extensive experience and capabilities in emergency response and recovery involving, but not limited to: • Disaster Management and Relief Services • Debris Management • Vehicle and Vessel Removal And Processing • Technical Assistance and Project Management • Temporary Housing, Workforce Housing and Life Support • Construction, Construction Management, and Demolition • Hazardous Waste Remediation and Disposal • Civil, Heavy, and Vertical Construction 8. DRC Emergency Services has not failed to complete any work awarded to it. 9. DRC Emergency Services has not defaulted on a contract. 10. List similar projects of the size and magnitude of this project (References): Plaquemines Parish, Louisiana 8056 Highway 23 Suite 308 Belle Chasse, LA 70037 POC: Billy Nungesser, Parish President Tel: (504) 274-2460 Dates of Service: May 2007 - Present Approximate fee for services: Over $22,000,000 Brief Description of Service: In the wake of Hurricane Katrina, DRC was contracted by the Plaquemines Parish Government to provide debris removal ROE, canal debris removal, ditch and culvert debris removal, repairs to the Pori Sulphur Government Building, replacement of the Buras Auditorium and the District 8 Council Building. Town of Amherst, New York 1042 North Forest Road Williamsville, New York 14221 POC: Robert Anderson, Superintendent of Highways Tel: (716) 631-5990 Dates of Service: October, 2006 — December, 2006 Approximate fee for services: $12,000,000 Brief Description of Service: In the aftermath of the 2006 Winter :Ice Storm "October 2 Surprise" DRC responded to Amherst, New York, removing approximately 800,000 cubic yards of debris and 30,000 trees. Martin County, Florida 2151 SE Aviation Way Stuart, Florida 34996 POC: Darrell Wright, Field Operations Supervisor Tel: 772-221-1394 ext. 4; Cell: 772-260-6066; Fax: 772-221-1466 Email: jghl@martin.fi.us Dates of service: 2004-2006 Approximate fee for services: $25,000,000 Brief description of service: Clearance of hurricane generated debris following Hurricanes Jeanne and Frances (2004) and Hurricane Wilma (2005) Monroe County, Florida 1100 Simonton Street 2-216 Key West, Florida 33040 POC: Judy Steele -Clark, County Engineer Tel: 305-295-4329; Cell: 305-393-7878; Fax: 305-295-4321 Email: Steele -Judith ,monroecounty-fl.gov Dates of service: 2005-2006 Approximate fee for services: $15,000,000 Brief description of service: Clearance of hurricane generated debris following Hurricanes Dennis, Katrina, Rita, and Wilma. Louisiana Department of Environmental Quality P.O. Box 4303 Baton Rouge, LA 70821 POC: John Rogers Tel: (225) 219-3266 Dates of Service: June 2006 -Present Approximate fee for services: $15,000,000 Brief description of service: Hurricane Katrina Removal of Vehicles and Vessels, Vessel Recovery, Rcmediation and Disposal of Vehicles and Vessels Louisiana Department of Transportation and Development 1201 Capitol Access Road P,O. Box 94245 Baton Rouge, Louisiana 70804 POC: Gordon Nelson Assistant Secretary of Operations Tel: (225) 925-7399 Dates of Service: September, 2005 — June, 2006 Approximate fee for services: Over $105,000,000 Brief Description of Service: in the wake of Hurricane Katrina in September 2005, DRC was contracted by the Louisiana Department of Transportation and Development to provide debris removal in thirteen parishes including the most heavily affected parishes Orleans, St. Bernard, Plaquemines, Jefferson, and St. Tammany Escambia County Florida 223 Palafox Place Suite 300 Pensacola, Florida 32501 POC: Bob McLaughlin, Assistant County Administrator Tel: (850) 595-4935/Cell: (850) 554-2772/Fax: (850) 595-4923 Email: bob ntclatiuhIin o-co.cscalnbia.Ii us Dates of Service: September 2004 — February 2006 Approximate fee for services: $ 50,000,000 Brief description of service: Clearing and restoration of approximately 15 miles of Pensacola, Florida beaches destroyed by Hurricane Ivan. Removal and cleaning of beach sand, dune restoration and removal of remaining debris. Debris removal and condemnation of beachfront structures as directed by the Government. Management of ROE project. 11, DRC GROUP EQUIPMENT AND SUBCONTRACTOR EQUIPMENT The DRC GROUP (DRC), which includes DRC Emergency Services, DRC, Inc, Equipment Leasing (EQL), and associated and affiliated companies and subcontractors, owns substantial trucks and specialized pieces of heavy equipment, attachments and support equipment specifically designed for emergency response. DRC owns dozens of cellular and radio telephones for use in an emergency. DRC ES, DRC and/or their subcontractors have national priority contracts with multiple national equipment leasing companies and subcontractors and/or independent contractors through which hundreds of trucks and/or pieces of heavy loading equipment are available to supplement DRC's and/or the subcontractor's fleets. In summary, DRC ES is capable of mobilizing all of the listed equipment and more, as needed, to meet the clearing requirements of a Notice to Proceed Included at this tab is a listing of DRC and subcontractor owned equipment, a listing of equipment owned by Cahaba Disaster Recovery (a subcontractor) and by CDP, Inc. (a subcontractor). DRC GROUP EQUIPMENT 101)- Light Trucks General Jnfonnation Owner Unit J} Year Make Color Model Serial 11 Tag DRC 122 1999 Ford WHI F -150 4x2 IFTRF17W6XKB77365 AL2B0939J DRC 135 2000 Dodge GRN RAM2500 4x4 3B7KF236X1G171841 AL 2139672L DRC 136 2000 Qgdge GRN Dakota4x4 1B7GG2AXSYS703398 AL 2A1103Y DRC 137 2000 Dodge GRN Dakota 4x4 I B7GG2AXXYS720925 AL ZA 1104Y DRC 138 2000 Dodge RED Dakota4x4 JB7GG22XJY$703395 AL 219673L DRC 148 2001 Nissan WHI Frontier XE 4x2 JN6ED27T81C362774 AL 2B0945J DRC 149 2001 GMC GRN Denali4x4 IGKEK63U91J209254 AL2B0946J DRC 155 2004 Cadi€lac WHI Escaladc4x2 lOYEK63N8SRl83669 AL2c138c DRC 157 2005 GMC BLK Yukon4x4 IGKEK63U153195744 AL2u5161F DRC 159 2005 GMC WHI Envoy 4x2 1 GKDS13S052154898 AL 2c7379F DRC 158 2005 GMC SLVR Envo 4x2 .1 GKDS 13S652286340 Al- 2c5162F EQL 162 2006 Ford, Crew Cab Lariat WHI F-2 50 4x4 .1 FFSW2I596EA32289 AL 2cl43I EQL 164 2006 Ford. Crew Cob Lariat WI-ll F-150 1FJPWl45X5KE85526 AL 2c1435J EOL 167 2005 GMC GRY YUKON I GKEK63U45J200306 AL 2e 1434J EQL 168 2006 Ford. W/T -2 door WHI F-1 50 4x2 I FTPX14536NA02505 AL 2cl432J FOL 169 2006 Ford. Crew Cab Lariat WHl 0 JFTPW14565FB56959 AL2c1433J EQL 170 2006 Ford BLK Expedition IFMFU18516LA22760 AL2c7610L E L 171 2006 GMC GRY ov4x2 PEnvov 1GkDS13SX62247574 AL 2CS381L EQL 172 2046 GMC GRNj 4x2 IGKDS13S662225216 AL 2C8382L 4 EQL 173 2006 GMC GRY Env t y 4x2 I GKDS13S362263549 AL 2C7328M E L 174 2005 Infiniti SLVR QX56 SN3AA0SCX5NS05615 AL 2C8327M EQL 175 2006 Ford, Extended Cab Lariat WHI F-250 4x4 1FTSX2IP06ED29949 AL 2C8247M EQL 176 2006 Ford, Extended Cab Lariat WHI F -2504x4 IFTSX21PX6ECS3403 AL 2 i1099A EQL 177 2006 Ford. Crew Cab Lariat WHI F -150 4x4 IFTPW14596FA31441 AL 2C8246M EQL 178 2006 Ford Re Cab WHI F -1504x2 ,lFTRF12WX6NA57265 AL 2 il21JA EQL 179 2006 GMC Will En IGK.DS13S162228279 AL2C0345P EQL 180 . 2005 Ford BRN Ex lorerX[T IFMZU73K75UC02458 AL 2C9]47N EQL 181 2005 Ford SLVR Ex IorerXLT IFMZU73K05UB70873 AL 2C9146N EQL 183 2006 GMC SLVR Envoy 4x4 IGKDT13SX62285318 AI.2C1538S EQL 184 2004 Ford GRN Expedition IFMFU18134LB60988 AL2C50275 EQL 185 2004 BMW BLU 330CI WBABW534X4PU12875 AL 2C4739Y E01. 186 2005 Ford Armor level B6 WHI Excursion I FMSU4l P35ES42418 EOL 187 2005 Ford Armor level B6 WHI Excursion IFMSU4lP55ED42420 EQL 188 2005 . Chevrolet Armor B6 SIL Suburban 3GNGK26G65G244965 EQL 189 2005 GMC SIL Envo 4x2 1GKDS13S752309415 AL2CI1372 190 2002 Ford BLK Ex ition 1FMU17LX2LAS8635 191 2006 Ford WHI F -6504x2 3FRNW65R16V255189 AL2x300427 E L 192 2006 Chevrolet BLK Silverado C1500 1GCEC19VX6Z267359 AL 2D4093A E L 193 2006 Toyota RED Prius Hybrid JTDKB210U663133239 AL 2D4092A EOL 194 2006 Ford GRY F-1SO4x2 1FlRX12W16NA90491 AL 2D4094A EQL 195 2008 Cadillac BLK Escalade 1GY.EC63818R1025958 AL 2C5764V EQL 196 2008 Ford BLK Expedition (EB) LFMFUI758SLA26793 300 -Trucks General Information Owner Unit tl Year Make Color Model Seiia1 f! TagA ARC 300 1996 G1�7C WHI To Kick IGDJ7HIJ3TJ509970 AL 2AP705178 DRC 315 1986 hncrnatinnal WHI Vacuum Truck 2HTNFHYN0GCB12051 AL 2X300426 DRC 316 1994 International _ 94004x2 2HSFHEGT7RC0806I9 AL2X35084 DRC 319 1994 international- Box '(EL 4900 4x2 11-TSDAAM.I RH593325 AL 2X201292 DRC 324 1994 Freiehtliner WHI FLD12064ST IFUYDZYB5RH864681 AL 2AP705178 DRC 326 2000 Volvo Will VNL64T 4V4ND3JJ8YN241360 LA P122559 DRC 329 1994 Frei lrtliner WHI FLD12064ST 6x4 1FUYDZYB5RP689600 AL 2AP705176 EQL 335 2003 Kenworth WHI Tandem T800 2NKDLV0X83J392848 500 - Trailcrs General Information Owner Unit 4 Year Make Color Model Serial fi Tag 4 500 I 1982 Polar American 40' 1873 None AL DRC 501 1997 Tail }king 24' 1TKC0242XVG039030 2TR02900 AL DRC 509 1999 Haulmaik 'Will C5IOBS 10' 4XSCB101SXG009863 2UTA7590 Featherlile command DRC 510 2000 center GRY 5'XIO'X53' 4 FG-L0532-3-YC028239 LA E487851 AL DRC 519 1998 Witzco BLK Drop Deck 1W8C31E24WS000656 2TR02901 AL DRC 520 2000 W1tlace 13LK Lowboy DLBT5031000000125 2TR02904 AL DRC 523 2000 Viking BLK Lowboy 1 V9CR4638YNO62403 2TR02903 AL DRC 527 2001 " ]Lir1 g BLK 46J.owboy 1 V9CR46321N062452 2TR02902 DRC 528 1998 Long -Boat Trailer 700 JBJ I LGAM AM I X W I D05046 UTIL0S AL DRC 531 200! piss WHI L5X8 4X4TSE2131U301974 2UTA7588 AL DRC 534 2005 P _tt_ u T "iJels BLK 7x12 SDTA 4PCU2122751000030 2UTB2673 lion Dog Trailer ler - Flat LLC 535 2002 Bed 18' X 8' SN5FELS18272C006981 AL A008703 Pace Arrow EQL 536 2005 Fleetwood RV 13RO 36O 5B4MP67G053402664 AL 2A4867 7403 Horse AL LLC 537 2006 Dream Coach SIL Trailcr 1 D9HG 19256P397243 2TR4251 AL EQL 538 2006 Hydraulic Boat Trailer GRY HSTA3800T IH9SGWL324WI38115 2TR02906 6x12 Cargo EOL 539 2007 Carry -On Trailer WHI Trailer 4YMCL12197G066383 ALA008644 6.10x16 EQL 540 2006 Roadclipper BLK Flatbed 46UFU162361105798 6.10x16 EQL 541 2007 Roadclipper BLK Flatbed 46UFU16237 1 ] 08234 WT -L -BHP Al. EQL 542 2002 Haulmark TL WHI 6280 4XSGS40362G041778 2TR02905 At- EQL 543 2007 Econline BLK DP2425DA 42EDPKV2971000240 2TR05893 AL EOL 544 2007 Haulmark TL WH] GRG85X32W 16HG532267O091896 2TR05794 700 - Heavy E ui ment General Information Owner Unit N Year Make Model Serial N Tag 4 700 1992 Fnrd 655C AB06712 Backhoe 702 1997 Vev L90C L90CV62681 Loader 713 1984 Fial-Allis PL -60 004278 Side -Boom 718 1984 Fiat -Allis PL -60 O04890 Side -Boom 719 1984 Fist -Allis PL -60 004335 Side -Boom EQL 721 2006 Kawasaki Utility Tractor JKIAFCJ1318511884 Tractor EOL 722 2006 Tcrex RT780 80 ton Crane 14405 Crane EQL 723 2006 Telcsco ieForklift LULL ]044C 160(J]5829 1 5 829 Forklift EQL 725 2004 Prentice 120 E -TS Kmicklcboom PR59351 1100 - Screening Equipment General Information Owner Unit N Year Make Model Sera] 4 Tag N 1111 1998 IRS 48"x60" Special Built- Magnet 1200 -'Burners Gctieml Infornratirin Ot'ner Unit # Year Make Model Sciial # Ta # 1201 1996 Quaiko AirCurtain 1,204. 2001 Crochet Equip 2030 Ceramic 1300 - Attachments General Information Owner Unit # Year Make Model Serial # Tog # 1313 1998 Pctnhca3on L7003LPR 1422-3-1098L Grapple 1330 1999 Sieb S103 5608 Elecim- Magnet 1349 Rockland. LRL90 NJ 02548 Grapple 1352 Vnhvn 453-10185 Forks. 1400- BORIS/l'llotorS General information _______ Owner Unit # Year Make Color Model Serial 4 fag # 1402 2001 Jc L1648SS OMC1.3126G001 Boat 1403 2001 Jhhnsnn 325EVSI 04886341 Motor 1404 1998 Lowe S1542VT OMCL312J798 Boat 1405 1998 Johnson J25ELEC 04424096 Motor 1406 2001 Honda 4 Wheel ATV RED TRX450S SN478TE220614205591 1407 2004 HONDA 4 WHEEL ATV YEL TRX350FMA SN478TE250X44312403 E L 1408 2006 Clydesdale "Miss Doris" Tugboat 253x14x5 WB040MIF0606 Boat EQL 1409 1980 Barge "Terry Lee" Bare Barge EQL 1410 1964 Barge "CGB-68017" Barge Barge DBOM 1411 1983 EIDE BARGE 35 Official #1100 1M0 #9160889 Bas e 1500 -Welders General Information Owner Unit # Year Mnkc Model Scrial 4 Tag 4 1510 lldlrr Su crs-32P 1512 \Seiler_ 255N1 G973706639 1600 - Fuel Equipment General Information Owner Unit # Year Make Model Scrial # Tag # 1610 3000 GAL RED Tank EOL 161.1 Fuel Pum I 1, 1612 Fuel Pum 1700 - Portahir Builditi as & Couraiuers General Informalion Owner Unit 4 Year Make Model Serial # Tag li 1707 1924 Container 40' 152680-1 1708 l tieI'l (' ml.riu.r 40' 1700 Container 20' TPXU694049 1712 Container 20' 17.13 Cnntainer 40, EQL 1714 Senior & Married Complex 150x34. EQL 17.15 Junior & Fc7male Can lex 144x26 EQI. 1716 Craft Donnitmy Complex 144x26 EQL 1717 Craft Dannitary Complex 144x26 EOL 171E Craft Dormilory Complex. 144x26 EQL . 1719 Caterialt Wing Coin iex 96x26 EQL 17?0 Senior Kicthen & Dinner Complex 78x#8 EOL 1721 SeniorRecrcation Complex 50x48 rOL 1722 _ 1 iundn' 12x48 EQL 1723 Commissary (Mud Room) 140x24 _ L 1724 Guard House 13xI2 E0L 1725 Office Conex. 820 1800 -Miscellaneous General Information Owner Unit # Year Make Model Serial 4 Tag # 1805 2000 Haus varan Chain Saw 365 special 003100359 1810 1997 John Bean 300 Gallon S prayer 1811 1997 John Bean 1,000 Gallon Sprayer 1814 AirCom ressor 11705 5-13-897 IS15 Speedaire Air Compressor 3JR79 1817 13cl Air 318 VLO 66838 1818 1999 FAN SPL4223 BOO 1819 2000 NAPA 85.5000 1824 Mena 222 SRX 50 P-3 220139908Z 1825 Weber Robin EC08 995703 1826 Motiri Air Compressor 911161141 1827 2000 MVP 2 1/2 Ton Floor Jack None 1829 N/A 48" BOO 1831 Specdaire Air Cnm essor 032989L-078956 1832 Dayton Battery thin' gcr JC-240 ] 1 24011 1833 Campbell Hausficld Electric LI 1-15-2000-00439 1837 Walker Packer 2.7 Model 50902744 BS604 1841 Honda WaterPump GXI60 5.5 En ine 1842 Alkota Power Washer 2I62A7_ 217555 1843 Titan Rent Spray Plus 313701698 1844 Titan Rent Spray Plus 313701172 EQL 1845 Lightsource ce U l Tower 5826373627 EQL 1846 Li hlsource Lit Tower 5826372512 L 1947 2006 Stone Concrete Mixer 95cm 222006258 Sweet Water Treatment EQL 1848 System 3670 SSV- E L 1849 JIG Liti l0P 83104 Side Scan L 1850 Centurion Sea Scan SonttrS ostem 2001.01 r Salt" L 1851 fileetBaueyCliarper Cha cr: IJYU3 1900 - Communications General Information Unit it Year Make QTY Model Serial 4 Tag 4 1900 1999 Satellite Phone I SP200P 99300492 1901 1999 Satellite Phone 1 _SP200P 99300252 74039E4E,74039E3E, 74039EIE,74039E2C 74039DCE,74039EiB See File for Globestar to go Qualcomin 74039E2D,74039DF7 phone 1902 2005 GSP l600pi�g 10 CE 168X 74039DBA,74047B7E numbers 2000 -Generators General Information Unit # Year Make Model Serial # Tog 4 Gas 2000 Mitsubishi 5KV+1- Generator Family TMU297UIG2RA Coleman Generator 2001 3KV PowerPJed a 87120636 2002 1997 Ingersoll50KW Generator 283016 EOL 2003 CATXQ225KW Generator EQL 2004 Caterpillar X02000 Generator E L 2005 Caterpillar X 2000 Generator 480 to RTE Power 1201208 or EQL 2006 Transformer 120/240 Vac 480 to RTE Power 1201208 or EOL 2007 Transfonmer 1201240 Vac 480 to RTE Power 1201208 or EQL 2008 Transformer 1201240 Vac 480 to RTE Power 1201208 or EQL 2009 Transformer 120240 Vac Cummins Onan DGDA- COL 2010 2005 100KW I 5003522 J010298398 Cumrnins Onan DGFA- EQL 2011 1999 150KW 1 3383925 L990035013 Cummins Onan DGFA- EQL 2012 2000 150KW I 3385024 A00040036 Curnrnins Onan EQL 2013 1997 500KW I 500DFED C970634027 Cummins Onan EQL 2014 ? 500KW 1 500FFFB IP20488326 EQUIPMENT OWNED BY PRINCIPAL SUBCONTRACTOR CAHABA DISASTER RECOVERY: CAHABA DISASTER RECOVERY, LLC 4619 SPRINGHILL AVENUE MOBILE, ALABAMA 36608 BUDDY FUZZELL 205-531-4407 Equipment Summary: Models: (5) D6 R Caterpillar Track Type Skid Steer 2003-2006 (4) 04 H Caterpillar Track Type Skid Steer 2002-2006 (7) Caterpillar and John Deere Track Hoe Excavators (315,3 L8,320,330,345) 2005-2006 (8) Caterpillar Tele-handlers (Th103, Th63, Th83, Th350) 2004-2006 (9) Caterpillar and John Deere Skid steers (246, 287, 936F, 938G: 950G, 966G) 2003-2006 (7) 210 Prentice Loaders 2000-2006 (36) Trucks -70 to 100 cubic yards ***7 major subs with over 400 pieces of equipment NUMBER CAIIABA EQUIPMENT LIST: HEAVY Q4J17K((IS.l iii CATERPILLAR TRACK -TYPE SKID STEER D4G L- OFDC00427-REN007 CATERPILLAR TRACK -TYPE TRACTOR D4LGI OFDC0I}482 CATERPILLAR TRACK -TYPE TRACTOR D4G LC-CATOOD4GCTLX00850 CATERPILLAR TRACK -TYPE TRACTOR D6RI IXW_A,E PQOIS5 CATERPILLAR TRACK -TYPE TRACTOR U6R-!AT(19L6RA81a�100 59 CATERPILLAR TRACK -TYPE TRACTOR QNXT_ f CKO06I2 CATERPILLAR TRACK -TYPE TRACTOR D6H_0624 CATERPILLAR TRACK -TYPE TRACTOR DOR1)XW-6xPOQ183 CATERPILLAR TRACK -TYPE TRACTOR 9J¢F-8AJ00249 CATERPILLAR WHEEL, LOADER 5UG _3J\3 Q 1 S57 CATERPILLAR WHEEL LOADER 9666-1SWOO S40 CATERPILLAR WHEEL LOADER 0CLWSOI226 CATERPILLAR WHEEL LOADER 966G-3SWO0469 CATERPILLAR WHEEL LOADER SK/52x8 CAT'(}112-U PSSZiJ6277 CATERPILLAR SKID STEER/WHEEL LOADER 240SS-KV02408440986 JOHN DEERE SKID STEER)WHEEL LOADER 2$7[3-7.SAD284I CATERPILLAR SKID STEER 315CL-CAT03I5CHCJCO.1004 CATERPILLAR EXCAVATOR 3130 L -h4 PL% QD240 CATERPILLAR EXCAVATOR 3D270 LC_ FFD2 7(1XO0294 JOHN DEERE EXCAVATOR 345B1IL-AGS00532 CATERPILLAR EXCAVATOR 321!(:L--EAG00257 CATERPILLAR EXCAVATOR 330DL-B0H00267 CATERPILLAR EXCAVATOR 33UD4I3PU0401 CATERPILLAR EXCAVATOR 345CL-1'113'(11322 CATERPILLAR EXCAVATOR 315CL-CAT0315CLOCJCO2999 CATERPILLAR HYRDAEXCAVATOR 10 315CL-CATQ315CLOCJC0I867 CATERPILLAR HYDRA EXCAVATOR TIP3f3-f'1135QKSLI30_0299 CATERPILLAR TELEHANDLER iil l_43.3Fv(I�G�9 CATERPILLAR TELEHANDLER Iii IBRN0471 i CATERPILLAR TELEHANDLER Th.35Wk1i9J. CATERPILLAR TELEHANDLER 20G1'3JW01121 CATERPILLAR TELEHANDLER T 0273& CATERPILLAR TELEHANDLER T H63.05 W MQ801 S, CATERPILLARTELEHANDLER TELEHANDLER JQJ(!3 K CATERPILLAR TELEHANDLER 51�`Ad0}0 CATERPILLAR TELEHANDLER KNUCKLEBOOM LOADER KNUCKLEBOOM LOADER a5B- 1615 CAT WHEEL SKiDDER 611 EX HYDRO AXE -5923/3942 HYDRO AXE BUSHHOG & DISK -12-00436 & 476988 BUSHHOG 296 CUTTER & DISK JD5205-LV5205C721215 JOHN DEERE 4WD TRACTOR VERMFFaitSC60TX-522 STUMP CUTTERW, RAILER R U- ITE_C06_i 51146 LIGHT PLANT RITE-LITE-0081238/41 LIGHT PLANT c3RUV E.TtT422.6s8J3 GROVE —CRANE 12. Background of Field Personnel: PROJECT MANAGEMENT AND OPERATIONS Paul F. Persons, Jr. is Vice President for Project Management and Business Development, on a consulting basis, for the DRC family of companies. Mr. Persons controls project estimating and bid proposals from DRC ES's Mobile, Alabama headquarters. Mr. Persons has served as a Senior Project Manager for several multi -million dollar disaster management and debris removal contracts. He has also served as Safety Officer on a major mechanical infrastructure project in Latin America (Honduras) and worked overseas during the Kosovo Conflict as a project and account manager for DRC. Mr. Persons is currently Senior Construction Manager and Project Estimator for U.S. Coast Guard facilities ID/IQ Contract with DRC throughout the mid -Atlantic states of North Carolina, Virginia, Maryland, Delaware, New Jersey, and New York. 1n 2004, Mr. Persons served as Senior Project Manager for several multi- million dollar recovery projects in the aftermath of Hurricanes Charley, Frances, Jeanne, and Ivan, including the massive restoration of 15 miles of beachfront destroyed in Escambia County, Florida during Hurricane Ivan, As Director of Operations during the 2005 hurricane season, he was in charge of over $100 million in contracts. Mr. Persons holds a B.S. in building science from the School of Architecture at Auburn University. Lee Wilson is Senior Project Manager, is one of the most trusted and respected managers at DRC. Mr. Wilson has forty years of extensive and invaluable experience in the civil construction industry. Mr. Wilson has for the last twenty years, acted extensively in the capacity as a project manager and estimator, building airports, interstates, state, city, county projects including water and sewer, storm drain, and large excavation projects. While with DRC, Mr. Wilson managed the Martin County, Florida project in 2004 which accounted for 1.1 million cubic yards of debris recovered and processed. Lee managed the demolition of 417 homes for the University of South Alabama, Mobile, Alabama. Within hours of the landfall of Hurricane Katrina he was on site in Louisiana leading the project in East Baton Rouge. Mr. Wilson has since and is currently working on the Louisiana DOTD project and is responsible for the management of the project for debris removal that encompasses thirteen parishes. He has personally 11 overseen the management of this project that accounts for the recovery of 2.2 million cubic yards of debris. Mr. Wilson has international project management experience that extends as far as Nogliki, Russia where he served as Civil Engineering Consultant to Exxon Mobil in the building of an airport, a project valued at $58 million. He was the Construction Manager managing and overseeing the installation of water and sewer infrastructure for an entire country in Central America John Reilly is Director for Logistics and Life Support Services for the DRC Group. Mr. Reilly began his career with GE in 1993 and received many of their highest awards while part of their Modular Division. As Strategic Account Leader at GE he managed the accounts for KBR, Bechtel, as well as the United Nations. His expertise in modularbuildings and work camps centers on new building technology, marketing and construction management. He is a former member of the Board of Directors of the Modular Building Institute and Vice President Business Development for Resun Modular of Dulles, VA. Dan Crowley is Project Manager. Dan joined DRC in September of 2005 as a project supervisor for Tangipahoa Parish on the Louisiana DOTD project. The landfall of Hurricane Rita took Mr. Crowley to the City of Beaumont, Jefferson County, Texas where he was the project manager and oversaw the removal and recovery of 900,000 cubic yards of debris. The 2005 storm season also took Mr. Crowley to Miami -Dade County following Hurricane. He was the Project Manager there and oversaw the recovery of 226,000 cubic yards of debris. Prior to joining DRC, Dan worked as a manager for over 5 years, where supervised 20 employees daily, customer relations, accounting, logistics and inventory. He graduated from Brother Martin High in New Orleans, Louisiana in 1998. He attended the University of New Orleans, New Orleans, Louisiana, where he studied business management. Mr. Crowley holds certifications in Asbestos Supervision, OSHA General Industry, and N.I.M.S. Lee Wilson, Jr. is Project Manager. While with DRC, Mr. Wilson has been instrumental is the success of many projects that include the City of Jacksonville and Jacksonville Beach, FL, Daytona, FL, and Charleston, SC. Within hours of the landfall of Hurricane Katrina he was onsite in Louisiana and began work on the East Baton Rouge Parish Project. Upon completion, Mr. Wilson has since and is currently working on the Louisiana DOTD project. He has been working extensively in Washington and St. Tammany Parishes while assigned to this project.Mr. Wilson also worked in commercial construction for eleven years where he was an estimator of large scale projects as well as supervisor of a large staff of skilled individuals. Mr. Wilson then went on to start his own residential homebuilding company which he directed for seven years before joining DRC in 2004. He attended the University of South Alabama and majored in Architecture. Carlos Lorenzy is Project Manager and Chief Mechanic. Mr. Lorenzy, a native of Puerto Rico, has performed Project Management services for DRC in many disasters over the past many years. He is responsible for operations, maintenance, and repairs of our equipment fleets. Mr. Lorenzy just completed a six (6) month construction and Super typhoon Pongsona Recovery on the Pacific Island of Guam and served as a Project Manager on the recovery of Hurricane Isabel in the State of Virginia and during the recent 2004 storms in Florida. Mr. Lorenzy worked extensively throughout Florida as a Project and Site Manger in the aftermath of Hurricanes Charley, Frances, Jeanne, and Ivan. He is fluent in Spanish and English Charles McNichol is Project Manager. Mr. McNichol has been with DRC since 2007 managing four contracts for debris and sediment removal in Plaquemines Parish. Prior to joining DRC, Mr. McNichol had a distinguished career in law enforcement. 13. Background of Principal Members: Robert J. lsakson is Managing Director of DRC ES. Mr. Isakson was a founder and serves as Secretary/Treasurer and Managing Director of DRC, Inc., and the majority of its associate and affiliate companies which are actively engaged in building, marine, road and civil construction, disaster reconstruction, demolition, hazardous waste remediation and disposal, and landfill management services worldwide including recent contracts in war -torn Kuwait, Somalia, Kosovo, and Iraq, in addition to numerous contracts with hurricane, ice storm, typhoon and flood ravaged cities, 12 counties, states and territories. He is also a Director of the Claridge Group, a licensed real estate brokerage firm, formed in 1986 and has been active in construction, development, landfill management, disaster reconstruction and restoration projects for the past twenty-five or more years. Previously, Mr. lsakson was a Special Agent with the Federal Bureau of Investigation of the United States for ten years, serving as a Supervisor in charge of "white-collar" crime and political corruption in the State of Louisiana. He was also one of the founders of Al Ayoub Marr Bell Trading and Contracting, W.L.L., a construction and life support service company founded in Kuwait, and directed its international operations from its inception. Mr. Isakson has served on the Board of Directors and as the Managing Director of MANCO Recruiters International, a worldwide manpower recruitment firm registered and headquartered in Delhi, India and on the Board of Directors of New Gurkhas International, Kathmandu, Nepal. He has worked and traveled throughout over 100 countries and territories on six continents and is intimately familiar with international corporate and business development, finance, landfill management, recycling, hazardous waste remediation and removal, and civil construction. Mr. lsakson holds a B.B.A. in accounting from Lamar University in Beaumont, Texas. Thomas M. Marr, Sr., is Member of DRC ES. Mr. Marr is one of the founders of DRC, Inc. and has directed overall operations and management since inception. He is former Assistant Attorney General for the State of Alabama, and was a Member of the State of Alabama Legislature and the State of Alabama Constitutional Committee. He also served as President and Chairman of the Board of Deposit National Bank of Mobile and Director of Compass Bank of Mobile. Mr. Marr holds a degree in civil engineering and is a practicing attorney licensed in the State of Alabama since 1957. Mark Stafford is Chief Operating Officer of DRC ES. Mr. Stafford has many years of experience in disaster and commercial and industrial waste management and has participated in recovery following ice storms and hurricanes throughout the Southeast. He has overseen and operated landfills, recycling operations, and transportation companies exceeding $200 million in annual revenues. He has managed teams of over 1100 staff serving business, industry, and municipalities. Previous to joining DRC, he was the President and Regional Director of Allied Waste for the State of Louisiana. He also worked in an executive capacity for Waste Management. He handles the day to day operations and marketing for DRC Emergency Services. Mr. Stafford earned a B. S. in business from the University of Louisiana Lafayette. 14. Bank References: Mr. Thomas Johnson, Vice President, Regions Bank, 106 Saint Francis Street, Mobile, Alabama, 36602; 251-690-1147 (phone. 15. Detailed financial statement is attached to this proposal. 16. Bonding agent and limit in bonding reference attached to this proposal. 17. Subcontractor will perform 40% of work (unless variance granted). Proposed Method MOBILIZATION PLAN DRC Emergency Services (DRC ES) will mobilize dozens to hundreds of personnel and equipment crews immediately upon request. Our first, advance deployments will be strategically staged in advance of predicted weather event. DRC ES will commence mobilization of equipment, operators, and laborers immediately upon receipt of a Task Order Notice to Proceed to meet all requirements of the Government. Emergency Command Center Facilities DRC's Project Mobilzation Team will arrive with or immediately deploy our state-of-the-art Mobile Command Center which is fully equipped with satellite phone, cell phone, and multiple desk consoles with computer networking capability, fax machine, copier, printer, public reception area, conference 13 room and administrative supplies to be operational immediately upon arrival on the scene. In addition, the Mobile Command Center is self-sufficient and capable of running for days with its own electrical generator, toilet facilities and 400 -gallon fuel tank. Equipment Transportation DRC and/or subcontractor and affiliate over -the -road equipment transports and operators will conduct equipment transportation. Personnel Transportation The DRC Project Mobilization Team may be air lifted to the designated location by company and/or subcontractor and affiliate aircraft. Management vehicles will provide transportation for other company personnel. EMERGENCY DEBRIS CLEARANCE (PUSH) As tasked by the GOVERNMENT, DRC will provide Emergency Road Clearance which involves the emergency clearing, cutting, tossing and/or pushing of debris from the primary transportation routes to the medians or sides of the public rights -of -way (ROW). Under direction of the GOVERNMENT, DRC crews will work independently or in conjunction with GOVERNMENT crews to temporarily clear debris from pre -designated critical arteries to facilitate the movement of emergency vehicles and other critical traffic in the immediate aftermath of a disaster. Only a single lane is usually cleared at first with the additional lanes being cleared according to the needs and requirements of the affected community. In addition, entrances and routes to hospitals and emergency service facilities, such as fire and police departments, are given priority for this emergency debris and fallen tree clearance. The equipment utilized in this operation can include, but is not limited to: large rubber tired loaders with grapples or rakes; small bobcat type loaders to access narrow areas; and other specialized clearing equipment as may be required by local conditions. Additionally, service trucks for maintenance and/or fuel and vehicles for personnel transportation and supervision are required. Personnel, such as heavy equipment operators, truck drivers, and operators with chainsaws, general laborers with tools, flagmen, mechanics, supervisors, and project managers are usually required. This operation is accomplished when time is of the essence, normally within the first 72 (plus or minus) hours after an event. Although this is a time critical operation, safety of personnel and the general public is paramount to a successful operation. Extreme caution must be exercised during this phase of the debris management operation to avoid downed live electrical wires and other such dangerous circumstances. Once this task is accomplished, or coinciding with the progress of this task, debris removal from public easements, property and rights -of -way begins. DEBRIS REMOVAL (LOAD AND HAUL) OPERATIONS - All debris will be picked up and loaded into haul trucks in a safe and workman -like manner to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety .Plan. Safety will not be compromised. All crew foreman and field supervisors will be responsible to ensure a rapid and cost effective as possible operation. Hand crews, to ensure maximum loading and safe transport of material, will size all vegetative debris. All construction and demolition materials will be sized using heavy equipment to ensure maximum loading and safe transport of materials within EPA and DOT standards. Obvious hazardous materials will be dealt with in accordance with the Government task order and the Corporate Environmental Protection Plan and in compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. Traffic control personnel, with appropriate traffic control safety equipment, will be stationed at each approach point of the work area to maintain traffic control and prevent personal injury to ensure compliance with the Corporate Accident Prevention Plan as 14 part of the Corporate Safety Plan. Additional traffic control personnel will be stationed throughout the area, as needed, to ensure safe operations. This operation specifically entails the recovery and removal (pick-up and hauling) of all eligible debris from public easements, property and rights -of -way to designated Debris Management Sites and/or directly to a final disposal site. Eligible debris is typically that debris which was either generated directly by the event or as a result of the event, and is in the public Right of Way and not on private property: I. Vegetative debris (stumps, logs and limbs) 2. Construction and demolition (C&D) debris 3. Metallic debris 4. White goods (refrigerators, air conditioners, washers and dryers, etc.) 5. Electronics 6. Household Garbage 7. Hazardous and toxic wastes (HTW) (industrial, conunercial and household) 8. Asbestos Containing Material (ACM) The equipment and personnel utilized for each operational phase will vary by the type, quantity and location and proposed disposal and/or reduction method of the debris. In all operations, regardless of type of debris, appropriate personal protective equipment for personnel is critical and will be employed. TEMPORARY DEBRIS STAGING AND REDUCTION SITE MANAGEMENT DRC shall provide all specified equipment, operators, and laborers for dumpsite management, debris reduction operations, and provision of an Automated Debris Management System. Within 24 hours of Task Order Notice to Proceed, personnel and equipment will be deployed to establish Debris Management Sites (DMS) at locations identified in conjunction with the GOVERNMENT and local governmental entities, including, but not limited to the building of roads, erecting of fences, construction of containment areas, and placement of inspection towers. At minimum, the DMS equipment and crews will consist of. Air Curtain Incinerator, I Trackhoc, 2 Dozers, 2 towers, 5 16-20 cubic yard dump trucks, I rubber tired loader, I water truck, I motor grader, Tub Grinder, I Site Manager, 1, Night Manager, 8 equipment operators, 2 Supervisors, 5 laborers, Light Plants, HTW containment systems. DMS teams will also secure all necessary clearances, permits, and licenses to operate the site and will submit Site Plans to the GOVERNMENT complete with Site Specific Safety and/or Accident Prevention Plans, a Traffic Control Plan to properly manage site ingress and egress, a Dust Control Plan, and/or a Fire Prevention Plan. Within 48-72 hours, DMSs will be fully operational complete with ingress and egress points, inspection towers, water runoff protection, and containment berms and/or geotextile. DEBRIS REDUCTION BURNING OPERATIONS Air Curtain Burning - Air curtain burning of debris is the preferred method of the Company. Air curtain burning will be accomplished on vegetative debris and clean woody debris only, unless otherwise directed by government task order. Under no circumstance will air curtain burning be conducted on C&D debris that is known, considered or suspect, by the government and the Company, to contain environmental/health hazardous materials. All appropriate fire protection measures will be established and maintained in accordance with the site management plan, site safety plan and the government task order. 15 GRINDING and/or CHIPPING OPERATIONS- Grinding and/or chipping operations will be accomplished on all vegetative debris, not reduced by burning operations. Grinding and/or chipping operation is the preferred method of reduction for vegetative debris to accomplish environmental resource conservation through recycle/salvage of wood chips. Although this operation is preferred for environmental purposes, it is, however, the most time consuming and costly reduction operation due to material handling and haul disposal costs after grinding and/or chipping operations have been accomplished. Grinding and/or chipping operations of C&D materials are prohibited by and within numerous jurisdictions DEBRIS DISPOSAL Debris disposal is the pre -planned, pre -approved operation of placing debris in its final resting -place. Debris disposal operations can be segmented into three distinct operations: • Haul to and tip at debris disposal site • Physical operation of debris disposal site • Augmentation of debris disposal site permanent staff and equipment DEBRIS STAGING SITE RESTORATION Restoration is conducted during the closing of each TDSR site. The scope of remediation is determined during operation and closure, by terms of the land lease (if any), or government directive or task order. Remediation consists of final removal of all debris (including residual debris), removal and remediation of HTW, abatement of any safety and/or environmental concerns (to include environmental testing and/or monitoring, if required), the removal of temporary structures (including any inspection towers), grading and leveling, removal of roads and fencing, if appropriate, and potentially grassing or seeding of the site, if required, to documented pre -use condition. TRACKING, REPORTING AND REIMBURSEMENT FEMA Reimbursement Filing Storm debris management by DRC is subject to inspection by the governmental contracting entity and/or any Public Authority in accordance with generally accepted standards, to insure compliance with the contract and applicable local, state and Federal laws. DRC will, at all times, provide the government access to all work sites and disposal areas and will cooperate completely with Government Inspectors. In addition, authorized representatives and agents of any participating Federal or state agency are encouraged to inspect all work and materials. DRC and the government shall have in place at the TDSRS, personnel to verify the contents and cubic yards of all vehicles entering the TDSRS. Records are maintained of each load entering the TDSRS, its cubic yardage is verified, and each vehicle leaving the TDSRS is typically viewed to verify it was in fact empty. DRC and the government monitor the material to determine that it in fact consists of eligible storm debris. DRC and the government normally have in place at the pick up site, personnel to verify the contents, location, date and time of the vehicles departing for the TDSRS and to issue the load ticket for that load which is to ensure the eligibility of the debris. Prior to use, DRC recommends that the government, including FEMA, if possible, establish and record the certified cubic yard capacity and perform a safety inspection of each haul vehicle. DRC recommends that all measurements be conducted by government personnel or independent third parties, and not DRC or the subcontractor. DRC has in the past provided disposal tickets, field inspection reports, and other data and/or forms sufficient to provide substantiation for Federal (FEMA, etc.) and State reimbursement to its government clients. DRC personnel and subcontractors have worked closely with various State Emergency Management Agencies, the Federal Emergency Management Agency and other applicable State, local and Federal Agencies to insure that eligible debris collection and the data documenting is sufficient and appropriately addressed. N7 Capacity for Performance The DRC Group is, financially, one of the strongest groups in its industry and class. DRC has managed and completed dozens of multimillion dollar contracts in its nearly 20 -year history. By offering a diverse array of high -quality professional services, DRC has maintained its financial soundness at times when our competitors have struggled to perform. DRC has a healthy base of corporate assets in real property, equipment, funds, and credit and is financially capable of responding to any event or challenge. DRC maintains a year-round professional staff of between 50-60 employees at our three office locations in Mobile, Alabama; New Orleans, Louisiana; and Washington, DC. Some highlights of DRC's financial capability: A. ABILITY TO MEET OPERATIONAL CONTINGENCIES • In 1999, in the aftermath of Hurricane Floyd, DRC and/or its subcontractors performed over a dozen, virtually simultaneous, contracts throughout Florida, and North and South Carolina and mobilized the majority of these contracts within 6 to 72 hours. These contracts included a 24 - hour per day flood fight utilizing prison laborers and sandbags; constructing emergency levies in South Carolina to protect major infrastructures; hazardous waste and field containment in the flooded rivers in Lenoir County and the clean-up of polluted streams and rivers in the vicinity; debris removal; beach and sand renourislunent; dune walkovers; road repairs and landfill management. In Florida, DRC performed the removal of fish kills in freshwater lakes near the ocean and removal of sand that had clogged various storm water drainage systems. DRC and/or its subcontractors also performed demolition services on various homes in flood zones, and technical services for virtually all clients. • In January 2000, in the aftermath of the Winter lee Storm, DRC performed debris removal and landfill management services in North and South Carolina and Georgia. DRC and its subcontractors mobilized approximately hundreds of men and women and hundreds of pieces of heavy equipment and trucks in three (3) counties in Georgia and the Western half of North Carolina. Approximately 800,000 cubic yards of debris was removed and processed within approximately 90 days. • During the 2004 Hurricane season, DRC worked approximately 37 separate contracts performing a total of over $150,000,000 in emergency work, and recovering of over 10,000,000 cubic yards of debris in a four and half month period. Throughout this entire period, all subcontractors were paid on a weekly basis, even though DRC often had to wait up to 30 to 60 days for interim invoice payments • In 2005-2006, DRC mobilized, performed, and completed a contract of over $100,000,000 for the Louisiana Department of Transportation and Development in response to Hurricane Katrina while performing on numerous other projects across the nation. • During the 2008 Hurricane season, DRC responded to approximately 25 separate contracts following Hurricanes Gustav and Ike, including the cities of 14ouston, Galveston, and New Orleans, financing and performing nearly $175,000,000 dollars of disaster response work. In the course of this work, DRC mobilized over one thousand trucks in Texas alone and established industry benchmarks for hauling totals. B. ABILITY TO SURVIVE LONG-TERM CONTIGENCIES • Over the past 4 years, DRC has averaged over $100,000,000 in gross revenue per year. • DRC has a total bonding capacity of at least $100,000,000. • DRC is capable of insuring projects in any amount and our key coverages arc unlimited in amount. • DRC has secured lines of credit of over $60,000,000 to finance mobilization of disaster response. 17 N • DRC has substantial fixed assets, real estate, equipment, and receivables enabling it to survive long-term contingencies. • DRC has not failed to complete any work awarded to it, has not defaulted on any contracts, has met all financial contractual obligations, has never entered into bankruptcy, and is not the subject of any litigation or liens regarding financial performance or subcontractor payment. C. ABILITY TO FINANCE WORK As indicated above, DRC has routinely provided financing for major disaster response work totaling in the hundreds o millions of dollars in the past. DRC routinely absorbs all costs for preparation, planning, training, and staging prior to a disaster. 18 Appendix: Past Projects All of the following emergency/disaster events were for government entities under the FEMA disaster declaration. They were also FEMA grant reimbursable. The maximum reimbursement rate was granted by FEMA to the customers for every event. For each event, DRC mobilized immediately in response to notices to proceed, providing the necessary equipment and manpower within 24-48 hours. In many cases, DRC pre -positioned equipment and manpower in advance of the predicted storm events. Project Title: Hurricane Debris Management— Houston, Texas Performance period: September 2008 to Present Approximate fee for services: $58,104,612.00 Brief description of project: Emergency hurricane debris clearing and removal assistance in the aftermath of Hurricane Ike. Project Title: Hurricane Debris Management — Harris County, Texas Performance period: September 2008 to Present Approximate fee for services: Over $21,546,330.00 Brief description of ro'ect: Emergency hurricane debris clearing and removal assistance in the aftermath of Hurricane Ike. Project Title: Hurricane Debris Management — Galveston, Texas Performance period: September 2008 to Present Approximate fee for services: Over $17,858,400.00 Brief description of project: Emergency hurricane debris clearing and removal assistance in the aftermath of Hurricane Ike. Project Title: Hurricane Debris Management — Jefferson County, Texas Performance period: September 2008 to Present Approximate fee for services: Over $8,276,300.00 Brief description of project: Emergency hurricane debris clearing and removal assistance in the aftermath of Hurricane Ike. Project Title: Hurricane Debris Management — Port Arthur, Texas Performance period: September 2008 to Present Approximate fee for services: Over $4,812,000.00 Brief description of project: Emergency hurricane debris clearing and removal assistance in the aftermath of Hurricane Ike. Project Title: Hurricane Debris Management — Baytown, Texas Performance period: September 2008 to Present Approximate fee for services: Over $2,864,555.00 Brief description ofproject: Emergency hurricane debris clearing and removal assistance in the aftermath of Hurricane Ike. 19 Project Title: Hurricane Debris Management —Taylor Lake, Texas Performance period: September 2008 to Present Approximate fee for services: Over $1,301,591.00 Brief description of project: Emergency hurricane debris clearing and removal assistance in the aftermath of Hurricane Ike. Project Title: Hurricane Debris Management — Nassau Bay, Texas Performance period: September 2008 to Present Approximate fee for services: Over $1,220,730.00 Brief description of project: Emergency hurricane debris clearing and removal assistance in the aftermath of Hurricane Ike. Project Title: Hurricane Debris Management — Iberville Parish, Louisiana Performance period: September 2008 to Present Approximate fee for services: Over $2,771,600.00 Brief description of ro'ect: Emergency hurricane debris clearing and removal assistance in the aftermath of Hurricane Gustay. Project Title: Hurricane Debris Management —St. Landry Parish, Louisiana Performance period: September 2008 to Present Approximate fee for services: Over $2,239,300.00 Brief description of project: Emergency hurricane debris clearing and removal assistance in the aftermath of Hurricane Gustay. Project Title: Hurricane Debris Management —Tangipahoa Parish, Louisiana Performance period: September 2008 to Present Approximate fee for services: Over $1,659,840.00 Brief description of roject: Emergency hurricane debris clearing and removal assistance in the aftermath of Hurricane Gustay. Project Title: Hurricane Debris Management — Iberia Parish, Louisiana Performance.period: September 2008 to Present Approximate fee for services: Over $1,275,450.00 Brief description ofproject: Emergency hurricane debris clearing and removal assistance in the aftermath of Hurricane Gustay. Project Title: Debris Recovery- Parkersburg, Iowa Performance period: June 2008 Approximate fee for services: Over $5,486,500.0 Brief description of ro'ect: Removal of debris generated by a F5 tornado. Project Title: Hurricane Debris Management — New Orleans, Louisiana Performance period: May 2008 to Present Approximate fee for services: Over $3,543,293.00 Brief description of ro'ect: Structural demolition, selective salvage, debris removal, and site clean-up related to Hurricane Katrina. P Project Title: Demolition of Hurricane Damaged Structures — City of New Orleans Performance period: October 2007 -Present Approximate fee for services: Over $15,000,000 Brief description of project: Demolition of homes and structures damaged by flooding in the wake of Hurricane Katrina. Project Title: Hurricane Debris Management -- Plaquemines Parish, Louisiana Performance period: March 2007 -July 2007 Approximate fee for services: Over $43,000,000.00 Brief description of project: Removal of Hurricane Katrina generated debris from right of entry, canals, ditches, and culverts. Project Title: Ice Storm Debris Removal — Greene County, Missouri Performance period: February 2007. Approximate fee for services: Over $6,000,000.00 Brief description of project: Removal, reduction, and final disposal of fallen limbs in wake of severe ice storm. Project Title: Ice Storm Debris Removal — City of Springfield, Missouri Performance period: January 2007 Approximate fee for services: Over $10,000,000.00 Brief description of project: Removal, reduction, and final disposal of fallen limbs in wake of severe ice storm. Project Title: Ice Storm Debris Removal -Town of Amherst, New York Performance period: November 2006 Approximate fee for services: Over $12,210,418.00 Brief description of_project: Removal, reduction, and final disposal of fallen limbs in wake of severe ice storm. Project Title: Hurricane Vehicle and Vessel Debris Management — Louisiana Department of Environmental Quality Performance period: June 2006 -October 200 Approximate fee for services: Over $15,000,000 Brief description ofproject: Emergency removal, storage, remediation of flood and storm damaged vehicles and vessels in the aftermath of Hurricanes Katrina and Rita. Project Title: Hurricane Debris Management -Monroe County, Florida Performance period: May 2006 Approximate fee for services: Over $3,885,251.00 Brief description of project: Hurricane Wilma removal of marine debris and derelict vessels. Project Title: Hurricane Debris Management -Washington Parish, Louisiana Performance period: February 2006 Approximate fee for services: Over $8,889,393.00 21 Brief description of project: Hurricane Katrina emergency private property debris removal. Project Title: Hurricane Debris Management — Martin County, Florida Performance period: August 2004- December 2005 Approximate fee for services: $25,000,000 Brief description of project: Emergency hurricane debris clearing and removal assistance in the aftermath of Hurricane's Jeanne, Frances, and Wilma. The work was performed as the result of an existing pre -event contract. Project Title: Hurricane Debris Management -Miami, Florida Performance period: October 2005 Approximate fee for services: Over $7,000,000.00 Brief description ofproject: Hurricane Wilma Emergency Debris Removal. Project Title: Hurricane Debris Management -Monroe County, Florida Performance period: October 2005 Approximate fee for services: Over $11,400,000.00 Brief description of project: Hurricane Wilma Emergency Debris Removal. Project Title: Hurricane Debris Management -Jefferson County, Texas Performance period: October 2005 Approximate fee for services: Over $14,000,000.00 Brief description of project: Hurricane Rita Emergency Debris Removal. Project Title: Hurricane Debris Management -Louisiana Department of Transportation Performance period: September 2005 Approximate fee for services: Over $100,000,000.00 Brief description of project: Hurricane Katrina Emergency Debris Removal. Project Title: Hurricane Debris Management and Beach Restoration — Escambia County, Florida Performance period: September 2004 — February 2005 Approximate fee for services: approximately $50,000,000.00 Brief description of_pect: Emergency restoration of approximately 15 miles of beach destroyed by Hurricane Ivan. Provided technical assistance and removed tens of thousands of cubic yards of construction and demolition debris. Project Title: Hurricane Debris Management-Deltona, Florida Performance period: September 2004 Approximate fee for services: Over $6,918,153.00 Brief description ofproject: Debris removal and reduction in aftermath of hurricane. Project Title: Hurricane Debris Management -Deerfield Beach, Florida Performance period: September 2004 Approximate fee for services: Over $1,269,087.00 22 Brief description of project: Debris removal and reduction in aftermath of hurricane. Project Title: Hurricane Debris Management -Crestview, Florida Performance period: September 2004 Approximate fee for services: Over $1,263,805.00 Brief description of project: Debris removal and reduction in aftermath of hurricane. Project Title: Hurricane Debris Management -Berkeley County, South Carolina Performance period: September 2004 Approximate fee for services: Over $4,191,154.00 Brief description of project: Debris removal and reduction in aftermath of a tropical storm. Project Title: Hurricane Debris Management-Okaloosa County, Florida Performance period: September 2004 Approximate fee for services: Over $8,921,888.00 Brief description ofproject: Provided hurricane related debris clearing and removal assistance in aftermath of Hurricane Ivan. Project Title: Hurricane Debris Management -Hollywood, Florida Performance period: September 2004 Approximate fee for services: Over $1,156,000.00 Brief description of project: Debris removal and reduction in aftermath of a hurricane. Project Title: Hurricane Debris Management -Vero Beach, Florida Performance period: August 2004 Approximate fee for services: Over $4,674,287.00 Brief description of project: Debris removal and reduction in aftermath of several hurricanes. Project Title: Hurricane Debris Management -West Palm Beach, Florida Performance period: August 2004 Approximate fee for services: Over $6,340,930.00 Brief description of project: Debris removal and reduction in aftermath of several hurricanes. Project Title: Hurricane Debris Management -St. Lucie County, Florida Performance period: August 2004 Approximate fee for services: Over $6,714,259.00 Brief description ofproject: Debris removal and reduction in aftermath of a hurricane. Project Title: Hurricane Debris Management -Sanford, Florida Performance period: August 2004 Approximate fee for services: Over $4,853,616.00 Brief description of project: Debris removal and reduction in aftermath of a hurricane. Project Title: Hurricane Debris Management -Indian River County, Florida Performance period: August 2004 Approximate fee for services: Over $6,000,000.00 23 Brief description of project: Debris removal and reduction in aftermath of a hurricane. Project Title: Hurricane Debris Management - Virginia Department of Transportation and Virginia State Parks Department — through Virginia Department of Emergency Management Performance period: October 2003 Approximate fee for services: $40,000,000 Brief description of protect: Following Hurricane Isabel, DRC, through its existing pre -position contracts, DRC worked throughout six counties, covering 10,000 miles of roads for VDOT and removed and processed, through separation and grinding, over 2,748,000 cubic yards of debris. Project Title: Hurricane Debris Management -Virginia Department of Conservation and Recreation Performance period: October 2003 Approximate fee for services: Over $5,659,174.00 Brief description of project: Hurricane Isabel debris removal. 24 SECTION 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND DRC EMERGENCY SERVICES, LLC THIS AGREEMENT is dated as of the__ day of February in the year 20 09 by and between the CITY OF FAYETTEVILLE and DRC EMERGENCY SERVICES, LLC. DEC EMERGENCY SERVICES, LLC shall commence and complete all Work as specified or indicated in the Contract Documents. The WORK is generally described as follows: STORM DEBRIS SERVICES, CONTRACT SECTION 1, 2, 3, & 4 9 4 r.i, DRC EMERGENCY SERVICES, LLC shall furnish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. DRC EMERGENCY SERVICES, LLC shall commence the WORK required by the CONTRACT DOCUMENTS on or before a date to be specified in the NOTICE TO PROCEED and completed in one hundred twenty (120) days for debris removal and one hundred sixty (160) days for debris collection site closure from date of notice to proceed. DRC EMERGENCY SERVICES, LLC shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of $2000 for each calendar day thereafter that the WORK is not complete. Upon approval of the City of Fayetteville, the contract may be extended as needed through December 31, 2012. DRC EMERGENCY SERVICES, LLC agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the PROPOSAL. The term CONTRACT DOCUMENTS shall mean and include the following: 6.1 Request for Proposal 6.2 Information for Proposers 6.3 Supplemental Information for Proposers 6.4 Statement of Disclosure 6.5 Debarment, Suspension, and Other Responsibility Matters 6.6 Primary Contacts 6.7 Proposal 6.8 Proposer's Statement of Subcontractors 6.9 Bid Bond 6.10 Agreement Between City of Fayetteville and DEC EMERGENCY SERVICES, LLC 6.11 Performance and Payment Bond 6.12 Warranty Bond 00500.duc 6.13 General Conditions 6.14 Prevailing Wage Rates 6.15 Notice of Award 6.16 Notice to Proceed 6.17 Project Manual for Storm Debris Services 6.18 Addenda 6.19 Change Orders 7. The CITY OF FAYETTEVILLE shall pay DRC EMERGENCY SERVICES, LLC in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 9. MISCELLANEOUS 9.1. Terms used in the Agreement which are defined in Article I of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3, City of Fayetteville and DRC EMERGENCY SERVICES, LLC each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 9.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 9.6. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, DRC EMERGENCY SERVICES, LLC 00500.doc 2 S 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. 9.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and DRC EMERGENCY SERVICES, LLC have signed this Agreement in quadruplicate. Two counterparts each have been delivered to City of Fayetteville, and two counterparts have been delivered to DRC EMERGENCY SERVICES, LLC. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and DRC EMERGENCY SERVICES, LLC. OWNER CONTRACTOR CITY OF FAYETTEVILLE DRC EMERGENCY SERVICES, LLC BY BY y^ ayor Lioneld J an Ma -4k ScxcS Mamlcox V;• V 1 •( '! o [CORPORATE SEAL] [CORPORATE SEAL] r FAYETTEVILLE: '• ; 'i:� 'rANS r L ' A 'y��r� `a�;$ .ATTESTQgLITTEST C11 ` - d C. SS a lr A oY�4 `I Address for giving notices: Address for givin otices: 113 W. Mountain Fayetteville, AR 72701 00500.doc L License No. Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 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. 9.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and DRC EMERGENCY SERVICES, LLC have signed this Agreement in quadruplicate. Two counterparts each have been delivered to City of Fayetteville, and two counterparts have been delivered to DRC EMERGENCY SERVICES, LLC. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and DRC EMERGENCY SERVICES, LLC. OWNER CITY OF F YETTEVILLE B ,�i►��itir��r�� ayor Jordan U• ;FAYETTEVILLE: - [CORPORATE SEAL] CONTRACTOR DRC EMERGENCY SERVICES, LLC BY I'40 SS0.E c A Mambnx �CFp [CORPORATE SEAL] %sy • • ... N • • O ATTEST ATTEST N a` Cl� dC. SSvwr, A n y Address for giving notices: Address for givin tires: 113 W. Mountain Fayetteville, AR 72701 License No Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 00500.doc SECTION 00600 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND WE, as Principal, hereinafter called Principal, and as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville (Owner) amount of Dollars ($ ) for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, and successors, and assigns, jointly and severally, and firmly by these presents. Principal has by written agreement dated entered into a contract with Owner for which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The condition of this obligation is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said contract failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. oo600,doc 1 No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the Contract, not shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. Any Alterations which may be made in the terms of the contract or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part either of the Owner or Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors, or assigns from their liability hereunder, notice to the Surety of Sureties of any such alteration, extension, or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set herein. Executed on the __ _____________________day of 20 By (Seal) Principal Witness: ) Attest: ) Seal) Surety This Bond is given in Compliance with Act 351 of 1953, as amended. END OF SECTION 00600 00600.doc 2 SECTION 00640 WARRANTY BOND We, , as principal ("Principal"), and as surety ("Surety"), are hereby jointly and severally held and firmly bound unto the City of Fayetteville, as Obligee ("Owner"), for the payment of Dollars ($ ), subject to the terms and conditions provided herein. WHEREAS, Principal executed and entered into that certain Agreement with Owner for dated , 20 (the "Contract'), the provisions of which are incorporated herein by reference, and unless otherwise defined herein all defined terms used or referred to herein shall have the meaning ascribed thereto in the Contract. In addition to other obligations and liabilities, the Contract required Principal to perform the Work for the Project and to furnish this Bond to Owner in compliance with Article 22 of the General Conditions. NOW THEREFORE, the obligations of Principal and Surety herein shall remain in full force and effect as provided herein, subject to becoming null and void upon the occurrence of either or both of the conditions that (a) Principal shall fully perform and satisfy all obligations and liabilities of Principal under the warranty and guarantee provisions of Sections 13.1 and 13.12 of the General Conditions, as modified or supplemented by the Supplementary Conditions or, any other applicable Contract Documents, at any time within two years after the date of Final Acceptance or such longer period of time as may be prescribed therein(the " Warranty Period"), all of which includes without limitation either correcting the defective Work, or removing and replacing it with nondefective Work, or paying all direct, indirect or consequential costs of such correction or removal and replacement, all as provided therein, or (b) Owner shall fail to institute a lawsuit, action or other proceeding under this Bond before the expiration of three (3) months following the end of the Warranty Period. 00640.doc FURTHER PROVIDED, that (a) any changes, modifications, amendments, alterations or supplementations in or to the Contract, and Contract Documents or the Work, or the giving by Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either Owner or Principal to the other, shall not in any way release the Principal or Surety, or either of them, from their liability hereunder, notice to the Surety of any of the foregoing being hereby waived, (b) in no event shall the aggregate liability of Surety exceed the amount set out herein, and (c) the rights and obligations hereof shall be binding upon and shall inure to the benefit of Principal, Surety, Owner and their respective heirs, legal representatives, partners, privies, successors and assigns, provided that nothing herein shall authorize the assignment of any such rights and obligations except upon compliance with Section 8.2 of the Contract. Date of project final completion is . The bond shall effective for a period of one year. Executed on the day of 20 (Seal) Witness: ) Attest: ) (Seal) Surety END OF SECTION 00640 00640.doc 2 SECTION 00700 GENERAL CONDITIONS 1. Definitions 2. —N/A 3. Schedules, Reports and Records 4. Drawings and Specifications 5. Shop Drawings 6. Materials, Services and Facilities 7. Inspection and Testing 8. —NIA 9. Patents 10. —NIA 11. Protection of Work, Property, and Persons 12. Supervision by Contractor 13. Changes in the Work 14. Changes in Contract Price 15. Time for Completion and Liquidated Damages 16. Correction of Work 17. —NIA 18. —NIA 19. —N/A 20. Acceptance of Final Payment as Release 21. —N/A 22. Contract Security 23. Assignments 24. Indemnification 25. Separate Contracts 26. Subcontracting 27. —N/A 28. Land and Rights -of -Way 29. Guaranty 30. Taxes 00700.doc 1. DEFINITIONS 1.1 Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof: 1.2 ADDENDA - Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by additions, deletions, clarifications or corrections. 1.3 BID - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.4 BIDDER - Any qualified person, firm or corporation submitting a Bid for the Work. 1.5 - BONDS - Bid, Performance and Payment Bonds and other instruments of security, furnished by the Contractor and his surety in accordance with the Contract Documents. 1.6 CHANGE ORDER - A written order to the Contractor authorizing an addition, deletion or revision in the Work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time, 1.7 CONTRACT DOCUMENTS - The contract, including Advertisement For Bids, Information For Bidders, Bid Proposal, Bid Bond, Agreement, Payment Bond, Performance Bond, Notice Of Award, Notice To Proceed, Change Order, Drawings, Specifications, and Addenda. 1.8 CONTRACT PRICE - The total monies payable to the Contractor under the terms and conditions of the Contract Documents. :1.9 CONTRACT TIME - The number of calendar days stated in the Contract Documents for the completion of the Work. 1.10 CONTRACTOR - The person, firth or corporation with whom the City of Fayetteville has executed the Agreement. 1.11 DRAWINGS - The part of the Contract Documents which show the characteristics and scope of the Work to be performed and which have been prepared or approved by the Engineer. 1.12 ENGINEER — The Engineering Department of the City of Fayetteville, or their authorized representative. 00700.doe 2 1.13 FIELD ORDER - A written order effecting a change in the Work not involving an adjustment in the Contract Price or an extension of the Contract Time, issued by the Engineer to the Contractor during construction. 1.14 NOTICE OF AWARD - The written notice of the acceptance of the Bid from the City of Fayetteville to the successful Bidder. 1.15 NOTICE TO PROCEED - Written communication issued by the City of Fayetteville to the Contractor authorizing the Contractor to proceed with the Work and establishing the date of commencement of the Work. 1.16 OWNER— The City of Fayetteville, Arkansas. 1.17 PROVIDE — Furnish and install, complete in place, operating, tested and approved. 1.18 PROJECT - The undertaking to be performed as provided in the Contract Documents. 1.19 PRODUCTS -- The materials, systems, and equipment provided by the Contractor. 1.20 PROJECT REPRESENTATIVE - The authorized representative of the City of Fayetteville who is assigned to the Project site or any part thereof. 1.21 SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data which arc prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or Distributor, which illustrate how specific portions of the Work shall be fabricated or installed. 1.22 SPECIFICATIONS - A part of the Contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship. 1.23 SUBCONTRACTOR - An individual, firm or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. 1.24 SUPPLEMENTAL GENERAL CONDITIONS - Modifications to General Conditions required by a Federal agency for participation in the Project and approved by the agency in writing prior to inclusion in the Contract Documents. 1.25 SUPPLIERS - Any person, supplier or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. 00700.doc 3 1.26 WORK - All labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in the Project. 1.27 WRITTEN NOTICE - Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party orhis authorized representative on the Work. 3. SCHEDULES, REPORTS AND RECORDS 3.1 The Contractor shall submit to the City of Fayetteville such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the City of Fayetteville may request concerning Work performed or to be performed. 3.2 Prior to the first partial payment estimate the Contractor shall submit schedules showing the order in which the Contractor proposes to carry on the Work, including dates at which the Contractor will start the various parts of the Work, estimated date of completion of each part and, as applicable: 3.2.1 The dates at which special detail drawings will be required; and 3.2.2 Respective dates for submission of Shop Drawings, the beginning of manufacture, the testing and the installation of materials, supplies, and equipment. 3.3 The Contractor shall also submit a schedule of payments that the Contractor anticipates earning during the course of the Work. 4. DRAWINGS AND SPECIFICATIONS 4.1 The intent of the Drawings and Specifications is that the Contractor shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the Work in accordance with the Contract Documents and all incidental work necessary to complete the Project in an acceptable manner, ready for use, occupancy or operation by the City of Fayetteville. The Drawings and Specifications are intended to supplement but not duplicate each other. An item of Work indicated in one and not the other shall be performed by the Contractor just as if it had been indicated in both. 4.2 It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the Work, the confonnation of the ground, the 00700.doc 4 character of the equipment and facilities needed preliminary to and during the prosecution of the Work, the character, quality and quantity of the materials to be encountered, the general and local conditions, and all other matters which can, in any way, affect the Work under this Contract. 4.3 Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. The Contractor shall not perform Work based on "scaled" measurements of Drawings, but shall obtain written instructions from the Engineer as to the dimensions to be used before proceeding with the Work. 4.4 Any discrepancies found between the Drawings and Specifications and site conditions or any inconsistencies or ambiguities in the Drawings or Specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 4.5 The Specifications are written in imperative and abbreviated form. The imperative language is directed at the Contractor, unless specifically noted otherwise. Incomplete sentences shall be completed by inserting "shall," "the Contractor shall," "shall be:," and similar mandatory phrases by inference in the same manner as they are applied to notes on the Drawings. The words "shall be:" shall be supplied by inference where a colon (:) is used within sentences or phrases. Except as worded to the contrary, all indicated requirements shall be performed whether stated imperatively or otherwise. 4.6 Whenever the term "Work Included" is used as an article or paragraph heading in Part I of a Specification Section, it is merely a listing of the significant items described with the section and is not intended to "scope" the section or to imply a trade responsibility." 4.7 Whenever the words "approved," "satisfactory," "directed," "submitted," "inspected," or similar words or phrases are used in the Contract Documents, it shall be assumed that the term "Engineer or his representative" follows the verb as the object of the clause, such as "approved by the Engineer orhis representative," or "submitted to the Engineer or his representative." N/A MATERIALS, SERVICES AND FACILITIES 6.1 It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Work within the specified time. 007oa.doc 6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the Work. Stored materials and equipment to be incorporated in the Work shall be located so as to facilitate prompt inspection. 6.3 Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 6.4 Materials, supplies and equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. 6.5 Materials, supplies or equipment to be incorporated into the Work shall not be purchased by the Contractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. 7. INSPECTION AND TESTING 7.1 All materials and equipment used in the construction of the Project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 7.2 The Contractor shall provide at his expense the necessary testing and inspection services required by the Contract Documents, unless otherwise provided. 7.3 The City of Fayetteville shall provide all other inspection and testing services not required by the Contract Documents. 7.4 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness. The Contractor will then furnish the Engineer the required certificates of inspection, testing or approval. 7.5 Neither observations by the Engineer nor inspections, tests or approvals by persons other than the Contractor shall relit;ve the Contractor from his obligations to perform the Work in accordance with the requirements of the Contract Documents. 7.6 The Engineer and his representatives will at all times have access to the Work. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices ofmaterials, and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection, or testing thereof. 7.7 If any Work is covered contrary to the written request of the Engineer it must, if requested by the Engineer, be uncovered for his observation and replaced at the Contractor's expense. 007000.doc 6 7.8 If any Work has been covered which the Engineer has not specifically requested to observe prior to its being covered, or if the Engineer considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor at the Engineer's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the Work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such Work is defective, the Contractor will bear all expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such Work is not found to be defective, the Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate Change Order shall be issued. 8. N/A 9. PATENTS 9.1 The Contractor shall pay all applicable royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and save the City of Fayetteville harmless from loss on account thereof, except that the City of Fayetteville shall be responsible for any such loss when particular process, design, or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, the Contractor shall be responsible for such loss unless the Contractor promptly gives such information to the Engineer. 10. N/A 11. PROTECTION OF WORK, PROPERTY AND PERSONS 11.1 The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor will take all necessary precautions for the safety of, and will provide the necessary protection,to prevent damage, injury or loss to all employees on the Work and other persons who maybe affected thereby, all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 11.2 The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. The Contractor will erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety and protection. The Contractor will notify owners of adjacent 00700.doc utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them be liable, except damages or loss attributable to the fault of the Contract Documents or to be acts or omissions of the City of Fayetteville or the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. 11.3 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer or City of Fayetteville, shall act to prevent threatened damage, injury or loss. The Contractor will give the Engineer prompt Written Notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. 12. SUPERVISION BY CONTRACTOR 12.1 The Contractor will supervise and direct the Work. The Contractor will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the Work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. 13. CHANGES IN THE WORK 13,1 The City ofFayetteville ayettevill e may at any time, as the need arises, order changes within the scope of the Work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the Work, an equitable adjustment shall be authorized by Change Order. 13.2 The Engineer, also, may at any time, by issuing a Field Order, make changes in the details of the Work. The Contractor shall proceed with the performance of any changes in the Work so ordered by the Engineer unless the Contractor believes that such Field Order entitles him to a change in Contract Price or Time, orboth, in which event the Contractor shall give the Engineer Written Notice thereof within fifteen (15) days after the receipt of the ordered change, and the Contractor shall not execute such changes pending the receipt of an executed Change Order or further instruction from the City of Fayetteville. 00700.doc 8 14. CHANGES IN CONTRACT PRICE 14.1 The Contract Price may be changed only by a Change Order. The value of any Work covered by a Change Order or of any claim for increase or decrease in the Contract Price shall be determined by one or more of the following methods in the order of precedence listed below: 14.1.1 Unit prices previously approved. 14.1.2 An agreed lump sum. 14.1.3 The actual cost for labor, direct overhead, materials, supplies equipment, and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the Work to cover the cost of general overhead and profit. 14.2 The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustments under the following conditions: 14.2.1 If the total cost of a particular item of Unit Price Work amounts to five (5) percent or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and 14.2.2 If there is no corresponding adjustment with respect to any other item of Work; and 14.2.3 If Contractor believes that it has incurred additional expense as a result thereof; or 14.2.4 If Engineer believes that the quantity variation entitle it to an adjustment in the Unit Price, either Engineer or Contractor may make a claim for an adjustment in the Contract Price in accordance with Article 11, if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed. 15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES 15.1 The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents and the Work embraced shall be commenced on a date specified in the Notice -To -Proceed. 15.2 The Contractor will proceed with the Work at such rate of progress to insure full completion within the Contract Time. It is expressly understood and agreed, by and between the Contractor and the City of Fayetteville, that the contract Time for the 00700.doc completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. 15.3 If the Contractor shall fail to complete the Work within the Contract Time, or extension of time granted by the City of Fayetteville, then the Contractor will pay to the City of Fayetteville the amount for liquidated damages as specified in the Agreement Between City of Fayetteville And Contractor for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents. 15.4 The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the Work is due to the following, and the Contractor has promptly gives Written Notice of such delay to the City of Fayetteville or Engineer: 15.4.1 To any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, National Defense, or any other national emergency. 15.4.2 To any acts of the City of Fayetteville not contemplated by this Agreement. 15.4.3 To causes not reasonable foreseeable by the parties of this Contract which are beyond the control and withhold the fault or negligence of the Contractor, including but not restricted to, acts of nature or of the public enemy, acts of another Contractor in the performance of some other Contract with the City of Fayetteville, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions; and, 15.4.4 To any delay of any subcontractor occasioned by any of the causes specified in Subparagraphs 1, 2, and 3 of this Paragraph 15.4. Provided, however, that the Contractor promptly notifies the City of Fayetteville in writing within ten (10) days of the cause of delay. Upon receipt of such notification, the City of Fayetteville shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and terms of the Contract, the delay is properly excusable, the City of Fayetteville shall extend the time for completing the Work for a period of time commensurate with the period of excusable delay. 16. CORRECTION OF WORK 16.1 The Contractor shall promptly remove from the premises all Work rejected by the Engineer for failure to comply with the Contract Documents, whether incorporated in the construction or not, and the Contractor shall promptly replace and re -execute the Work in accordance with the Contract Documents and without expense to the City of Fayetteville and shall bear the expense ofrnaking good all Work of other Contractors destroyed or damaged by such removal or replacement. 00700.doc 10 16.2 All removal and replacement Work shall be done at the Contractor's expense. if the Contractor does not take action to remove such rejected Work within ten (10) days after receipt of Written Notice, the City of Fayetteville may remove such Work and store the materials at the expense of the Contractor. 17. N/A 18. N/A 19. N/A 20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE 20.1 The Acceptance by the Contractor of final payment shall be and shall operate as a release to the City of Fayetteville of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with this Work and for every act and neglect of the City of Fayetteville and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the Contractor or his sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 21. N/A 22. CONTRACT SECURITY 22.1 The Contractor shall within ten (l 0) days after the receipt of the Notice Of Award furnish the City of Fayetteville with a Performance and Payment Bond in penal sums equal to the amount of the Contract Price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents, and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the Work provided by the Contract Documents. Such Bonds shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the state in which the Work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these Bonds shall be borne by the Contractor. If at any time a surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the Work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the City of Fayetteville to do so, substitute an acceptable Bond (or Bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the City of Fayetteville. The premiums on such Bond shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties have furnished an acceptable Bond to the City of Fayetteville. 00700.doc 11 22.2 At the time of Final Acceptance of the Work by the City ofFayetteville, the Contractor shall furnish to the City of Fayetteville a Warranty Bond in the amount of ten (10) percent of the amount of the final Contract Price. The Warranty Bond shall guarantee the Work in accordance with Article 29 of the General Conditions for the applicable warranty period of one (1) year from the date of Final Payment. It shall be on the form shown in Section 00640 - Warranty Bond. 23. ASSIGNMENTS 23.1 Neither the Contractor nor the City of Fayetteville shall sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title or interest therein, or his obligations thereunder, without consent of the other party. 24. INDEMNIFICATION 24.1 The Contractor will indemnify and hold harmless the City of Fayetteville and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them maybe liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 24.2 In any and all claims against the City of Fayetteville or the Engineer, or any of their agents or employees, by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them maybe liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefits acts. 24.3 The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, Drawings, opinions, reports, surveys, Change Orders, designs or Specifications, or the giving of or failure to give directions or instructions by the Engineer, or his agents, or employees, provided such giving or failure to give is the primary cause of injury or damage. 25. SEPARATE CONTRACTS 25.1 The City of Fayetteville reserves the right to let other contracts in connection with this Project. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their Work, and 00700.doc 12 shall properly connect and coordinate his Work with theirs. If the proper execution or results of any part of the Contractor's Work depends upon the Work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such Work that render it unsuitable for such proper execution and results. 25.2 The City of Fayetteville may perform additional Work related to the Project, or the City of Fayetteville may let other contracts containing provisions similar to these. The Contractor will afford the other Contractors who are parties to such Contracts (or the City of Fayetteville, if the City of Fayetteville is performing the additional Work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate his Work with theirs. 25.3 If the performance of additional Work by other Contractors or the City of Fayetteville is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional Work. If the Contractor believes that the performance of such additional Work by the City of Fayetteville or others involves him in additional expense or entitles him to an extension of the Contract Time, the Contractor may make a claim therefore as provided in Sections 14 and 15. 26. SUBCONTRACTING 26.1 The Contractor may utilize the services of specialty Subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty Subcontractors. - 26.2 The Contractor shall perform a minimum of sixty (60%) of the Work. 26.3 The Contractor shall be fully responsible to the City of Fayetteville for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as the Contractor is for the acts and omissions of persons directly employed by the Contractor. 26.4 The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the Work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the City of Fayetteville may exercise over the Contractor under any provision of the Contract Documents. 26.5 Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the City of Fayetteville. 00700.doc 13 27. N/A 28. LAND AND RIGHTS -OF -WAY 28.1 Prior to issuance of Notice -To -Proceed, the City of Fayetteville shall obtain all land and rights -of -way necessary for carrying out and for the completion of the Work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed. 28.2 The City of Fayetteville shall provide to the Contractor information which delineates and describes the lands owned and rights -of -way acquired. 28.3 The Contractor shall provide at his own expense and without liability to the City of Fayetteville any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. 29. GUARANTY 29.1 If within one year after the date of Final Payment or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Document, any Work is found to be defective, Contractor shall promptly, without cost to City of Fayetteville and in accordance with City of Fayetteville's written instructions, either correct such defective Work, or if it has been rejected by City of Fayetteville, remove it from the site and replace it with non -defective Work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City of Fayetteville may have the defective Work corrected or the rejected Work removed and replace, and all direct, indirect and consequential costs of such correction, removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys, surveyors, and other professionals) will be paid by Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Agreement. 30. TAXES 30.1 The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the Work is performed. END OF SECTION 00700 00700.doc 14 General Decision Number: AR080215 01/02/2009 AR215 State: Arkansas Construction Type: Heavy Heavy Construction County: Washington County in Arkansas. Modification Number Publication Date 0 01/02/2009 ENGI0624-003 01/01/2009 Rates Fringes Operating Engineer: Roller (Dirt and Grade Compaction) .................$ 22.00 9.80 PAIN0424-007 07/01/2008 Rates Fringes PAINTER: Brush & Roller Only....$ 15.84 5.34 SUAR2008-169 11/21/2008 Rates Fringes CARPENTER ........................$ 12.94 0.00 CEMENT MASON/CONCRETE FINISHER.. .$ 11.00 0.68 ELECTRICIAN ......................$ 20.61 3.92 IRONWORKER, REINFORCING ..........$ 17.38 0.00 LABORER: Common. or General......$ 9.94 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 11.67 0.00 LABORER: Pipelayer..............$ 9.78 0.00 OPERATOR: Bulldozer .............$ 14.33 1.75 OPERATOR: Crane .................$ 19.26 0.00 OPERATOR: Mechanic ..............$ 17.25 0.00 OPERATOR: Piledriver ............$ 17.21 0.00 OPERATOR: Scraper ...............$ 9.00 0.00 OPERATOR: Tractor ...............$ 11.13 0.00 OPERATOR: Trencher ..............$ 14.76 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......S 16.00 0.00 00830.duc 3 OPERATOR: Front End Loader .......$ 12.94 0.00 PAINTER (Spray) ..................$ 20.15 3.50 TRUCK DRIVER .....................$ 9.00 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in he matter? This can be: * an existing published wage determination a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial .contact should be with the Branch of Construction 00830. doc 4 Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 008304oc 5 SECTION 00840 NOTICE OF AWARD - SAMPLE Dated Month Day, Year TO: (Bidder) ADDRESS: OWNER'S PROJECT NO.: PROJECT: You are notified that your Bid dated Month Day, Year, for the above Project has been accepted. You are the apparent successful Bidder and have been awarded a contract for The Contract Price of your Contract is Three (3) copies of each of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within five (5) calendar days of the date of this Notice of Award, that is by Month Day, Year. 00840.doc 1. You must deliver to the City of Fayetteville three (3) fully -executed counterparts of the Agreement. 2. You must deliver with the executed Agreement three (3) full -executed copies of the Performance and Payment Bonds. 3. You must deliver with the executed Agreement three (3) full -executed copies of Certificate of Liability Insurance listing the City of Fayetteville as additional insured. Failure to comply with these conditions within the time specified will entitle City of Fayetteville to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, City of Fayetteville will return to you one fully -signed counterpart of the Agreement with the Contract Documents attached. _City of Fayetteville (Owner) BY: (Authorized Signature) (Title) END OF SECTION 00840 00840.doc 2 SECTION 00845 NOTICE TO PROCEED - SAMPLE Dated: Month Day, Year TO: ADDRESS: OWNER'S PROJECT NO.: PROJECT: You are notified that the Contract Time under the above Contract will commence to run on Month Day, Year. By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 3 of the Agreement, the date of Final Completion is Montb Day, Year. Before you start any Work at the site, Paragraph 2.7 of the General Conditions provides that you must deliver to the Owner Certificates of Insurance which you arc required to purchase and maintain in accordance with the Contract Documents. ACKNOWLEDGED RECEIPT (Contractor) BY: (Authorized Signature) (Title) City of Fayetteville (Owner) (Authorized Signature) (Title) 00845.doc SECTION 00900 DESCRIPTION OF UNIT PRICE SCHEDULE ITEMS PART 1-- GENERAL 1.01 SCOPE OF WORK A. The work shall consist of furnishing all plant, labor and material in performing all operations in connection with the Project as listed in Section 00310 — Proposal. B. All work shall be completed in strict accordance with the plans and specifications. C. Furnish or construct all items required for this project even if they are not listed on the Unit Price Schedule. PART 2- UNIT PRICES 2.01 GENERAL A. It is the intent of the Unit Price Schedule that aggregate bid amounts as submitted shall cover all costs for labor, material, equipment, and any other items incidental to the unit price items, even if not specifically listed below. B. No costs in connection with work required by the Contract Documents for proper and successful completion of the Contract will be paid outside of or in addition to prices submitted. C. Each item will be measured and paid for by the units within the various classifications for which prices are stated in the Unit Price Schedule. D. Quantities all based on estimates only. 2.02 REMOVAL OF VEGETATIVE DEBRIS FROM ASSIGNED LOAD SITE TO DISPOSAL SITE INCLUDING PICKUP/HAULING/DISPOSING A. The work required for this pay item will be paid for at the price per cubic yard (CY) as shown on the Proposal. B. Payment will be full compensation for all vegetative debris removed from assigned load site to disposal site including pickup, hauling, and disposing and will be by the cubic yard (CY) as determined through truck and trailer measurement. Partial load will be adjusted down by visual inspection by the City's representative. Load measurements will be documented on load tickets. C. Tree stumps with base cut diameter measurements less than 24" (measured 24 inches up from where the tree originally exited the ground) shall be considered to be normal vegetative debris and removed and measured with the same methods used for other vegetative debris. D. No additional payment will be made for all other equipment, materials, labor, and incidentals necessary to perform the work. 00900.doc 2.03 STUMP REMOVAL: 24" - 48" A. The work required for this pay item will be paid for at the price per cubic yard (CY) as shown on the Proposal. B. Payment will be full compensation for stump removal. Stumps shall be measured 24 inches up from where the tree originally existed in the ground. C. Tree stumps with base cut diameter measurements less than 24" (measured 24 inches up from where the tree originally, exited the ground) shall be considered to be normal vegetative debris and removed and measured with the same methods used for other vegetative debris. D. Tree stump remnants measuring up to 72 inches that are not attached_ to the ground by roots will be considered normal vegetative debris and paid for under the price for removing vegetative debris, NOT stump removal prices or the FEMA Stump Conversion Table. E. The City or its representative will measure all stumps prior to removal. F. No additional payment will be made for all other equipment, materials, labor, and incidentals necessary to perform the work. 2.04 STUMP REMOVAL: > 48" A. The work required for this pay item will be paid for at the price per cubic yard (CY) as shown on the Proposal. B. Payment will be full compensation for stump removal. Stumps shall be measured 24 inches up from where the tree originally exited the ground. C. Tree stumps with base cut diameter measurements less than 24" (measured 24 inches up from where the tree originally exited the ground) shall be considered to be normal vegetative debris and removed and measured with the same methods used for other vegetative debris. D. Tree stump remnants measuring up to 72 inches that are not attached to the ground by roots will be considered normal vegetative debris and paid for under the price for removing vegetative debris, NOT stump .removal prices or the FEMA Stump Conversion Table. E. The City or its representative will measure all stumps prior to removal. F. No additional payment will be made for all other equipment, materials, labor, and incidentals necessary to perform the work. 2.05 TREE REMOVAL — GREATER THAN 6" THROUGH 24" DBH (DIAMETER AT BREAST HEIGHT) A. The work required for this pay item will be paid for at the price per each (EA) as shown on the Proposal. B. Payment will be full compensation for tree removal. Trees shall be measured 24 inches up from where the tree originally exited the ground. 00900.doc 2 C. Payment for this item includes all costs associated compensation for all vegetative debris removed with the tree from load site to disposal site including pickup, hauling, and disposing. That debris shall neither be mixed nor measured with other debris. D. The City or its representative will measure all trees prior to removal. E. No additional payment will be made for all other equipement, materials, labor, and incidentals necessary to perform the work. 2.06 TREE REMOVAL — GREATER THAN 24" DBH A. The work required for this pay item will be paid for at the price per each (EA) as shown on the Proposal. B. Payment will be full compensation for tree removal. Trees shall be measured 24 inches -up from where the tree originally exited the ground. C. Payment for this item includes all costs associated compensation for all vegetative debris removed with the tree from load site to disposal site including pickup, hauling, and disposing. That debris shall neither be mixed nor measured with other debris. D. The City or its representative will measure all trees prior to removal. E. No additional payment will be made for all other equipment, materials, labor, and incidentals necessary to perform the work. 2.07 LIMB REMOVAL — PER TREE A. The work required for this pay item will be paid for at the price per each (EA) as shown on the Proposal. B. Payment will be full compensation for limb removal per tree. C. The City or its representative will designate all trees that require limb removal. D. No additional payment will be made for all other equipment, materials, labor, and incidentals necessary to perform the work. 2.08 MANAGEMENT AND PROCESSING OF ALL DEBRIS AND/OR RESIDUE AT THE DISPOSAL SITE; INCLUDING LOCATING, PREPARING AND LAYOUT OF SITES; MANAGEMENT, MAINTENANCE, AND OPERATION OF THE SITE; THE RECEIVING, SORTING, SEGREGATION, PROCESSING AND REDUCTION OF DEBRIS (AS DESCRIBED IN OTHER SECTIONS OF THIS PROPOSAL) PER CUBIC YARD OF MATERIAL PROCESSED A. The work required for this pay item will be paid for at the price per cubic yard (CY) as shown on the Proposal. B. Payment will be full compensation for management and processing of all debris and/or residue at the disposal site; including locating, preparing and layout of sites; management, maintenance, and operation of the site; the receiving, sorting, segregation, processing and reduction of debris (as described in other sections of this Proposal) per cubic yard of material processed_ 00900_doc C. There will be no payment for mobilization and demobilization. D. Payment for site preparation and site closure will be included in the unit cost for processing debris. E. No additional payment will be made for all other equipment, materials, labor, and incidentals necessary to perform the work. (THIS PAGE INTENTIALLY LEFT BLANK) END OF SECTION O0900 OOiCO.dac EXAMPLE DAILY HAUL RECORD CONTRACT NO. DAILYREPORT CONTRACTOR: CONTRACT NO: DATE OF REPORT: Truck, No. Location of Work Local Collection Site Trips Landfill Trips CuCubic Yard tals 3 4 5 6 7 9 10 11 12 13 14 DAILY TOTALS EXAMPLE DAILY HAUL RECORD CONTRACT NO. Date Ticket # Time Truck # Capacity % Load Actual Capacity Eligible (Y/N) Comments SAMPLE LOAD TICKET LOAD TICKET TICKET NUMBER: CONTRACT NUMBER CONTRACTOR DATE: DEBRIS QUANTITY Truck No: Capacity (CY): Load Size (CY): Tons: Truck Driver: DEBRIS CLASSIFICATION Burnable Non -Burnable Mixed Other LOCATION Section/Area: Dumpsite Time Inspector Loading Dumping Eligibility (Y/N): original: City of Faycucville Yellow: Contractor Pink: Driver Gold: FEMA SAMPLE TRUCK PLACARD Company Name Truck Number Cubic Yards Inspected by and Date EXAMPLE HAZARDOUS STUMP WORKSHEET / IIII § 3. j ) \ k 3 L b 2� .. fl � �7 Jf EA 7 - } /\\ r. \� *g �� 0\/ k\§ 24 - m + .� 4c---- - r # EXAMPLE STUMP CONVERSION TABLE Stump Conversion Table Diameter to Volume Capacity The quantification of the cubic yards of debris for each size of stump in the following table was derived from FEMA field studies conducted throughout the State of Florida during the debris removal operations following Hurricanes Charley, Franees, Ivan and Jeanne. The following formula is used to derive cubic yards: inm I)inmcte ? x.0.7854 a Slum I cu' th * oot.bnl 1}iaateter-t X 0.7854) x Rapt Tiall fiel ht 46656 0.7854 is one-fourth Pi and is a constant 46656 is used to convert inches to Cubic Yards and is a constant, The formula used to calculate the cubic yardage used the following factors, based upon findings in the field: • Stump diameter measured two feet up from ground • Stump diameter to root ball diameter ratio of 1:3.6 • Root ball height of 31" 73 38.2 4 74 39.2 75 40.3_ 76 41.4 77 425 78 43,6 79 44,7 80 45.9 V 47 82 48.2 [ 83 49.4 84 50.8 Comments: City of Fayetteville Staff Review Form City Council Agenda Items and �1 `.. Contracts, Leases or Agreements 2/18/2009 p�"'Iflr r71 City Council Meeting Date Agenda Items Only Don Marr Administration Administration Submitted By Division Department $ 2,819,185.64 $ Cost of this request Category / Project Budget Program Category I Project Name 4270 9280 5314 00 $ - Account Number Funds Used to Date Program I Project Category Name 09010/0901 $ - Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Department Director Date Cj jik...._4- E, Original Contract Date: 2J "T:: S/m' Z- ('?-O' Original Contract Number: City Attorne Date 4'cQ. [LL .- O - Date Received in City 'C N Clerk's Office to Received in Mayor's Office g� o ate Revised January 15, 2009 �ye e V e City Council Meeting of 18 February 2009 .1F KP N5P5 CITY COUNCIL AGENDA MEMO To: Fayetteville City Council Mayor Lioneld Jordan From: Don Marr, Chief of Staff Date: 19 February 2009 Subject: Approval of a contract with DRC Emergency Services, LLC for $2,419,185.64, for City wide debris removal services, RFP 09-04, and approve a contingency of $400,000 RECOMMENDATION City Administration recommend approval of a contract with DRC Emergency Services, LLC for $2,419,185.64, for City wide debris removal services, RFP 09-04, and approve a contingency of $400,000. BACKGROUND This contract provides for services including but not limited to vegetative storm debris removal, tree trimming & removal within public lands and rights of way, and debris disposal site operations management in the City wide, in compliance with FEMA requirements. DISCUSSION The City received nineteen proposals on February 17, 2009 for this project; the bid tab is attached. The removal will be complete within 120 days from issuance of the Notice to Proceed, with the disposal site activities concluded within 160 days of the start of the contract. Debris per Area (CY) NE Quad NW Quad SE Quad SW Quad Total Public/Private Roads 82325 68886 130029 107156 388,396 Park Land 4023 4984 1264 1549 11,819 Trails 4 1579 320 496 2,399 Streams 2136 2319 2812 4879 12,146 Other Sites 1691 979 1513 979 5,162 Total Cubic Yards 90,179 78,747 135,937 115,059 419.922 The selection criteria were: 1) Qualifications in relation to scope of work = 25% 2) Experience, competence and capacity for performance = 25% 3) Proposed method of doing work = 15% 4) Past performance = 15% 5) Price = 20% The committee evaluated proposers, and developed a short list and interviewed five. Based on the above criteria, the Committee selected DRC Emergency Services to perform the services City -Wide. The cubic yardage of debris to be removed is very uncertain. Staff developed the estimates using a combination of aerial photo information calibrated with actual removal rates based on what City crews actually removed in several areas. This is still a largely uncertain estimate, however, which is why staff recommends the contingency for this contract be much larger than normal. BUDGET IMPACT The funding package is being developed separately. N DebrisRemoval DRC CCMemo 18Feb09 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 LEGAL 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. I 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," but has 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. A RESOLUTION TO APPROVE A CONTRACT FOR STORM DEBRIS REMOVAL SERVICES WITH DRC EMERGENCY SERVICES, LLC IN THE AMOUNT OF $2,419,185.64, PLUS A CONTINGENCY OF $400,000.00 WHEREAS, after the devastating ice storm of January 26-27, 2009, President Obama declared much of Northwest Arkansas, including the City of Fayetteville a Disaster Area eligible for FEMA assistance; and WHEREAS, the amount of downed trees, broken limbs, and other debris throughout Fayetteville is so massive that Fayetteville's employees and equipment cannot handle the tremendous job of removing such debris without hiring an independent contractor; and WHEREAS, the cost of the debris removal will be largely offset by reimbursements from FEMA and the State of Arkansas; and WHEREAS, the City of Fayetteville properly solicited Requests For Proposals from independent contractors desiring to be awarded a Contract for Storm Debris Removal Services; and WHEREAS, the City's Selection Committee painstakingly reviewed proposals from almost twenty companies and the selected by use of an approved rating/point system, the applicant/proposal which was the most qualified, capable, and economical company to pick up, remove and reduce to wood chips the debris caused by the ice storm. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O>F' FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby approves the selection of DRC Emergency Services, LLC as the most qualified, capable and economical company to be awarded the contract for Storm Debris Removal Services. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby awards the Contract For Storm Debris Removal Services (attached as Exhibit "A") which includes all terms within the Project Manual, to D.RC Emergency Services, LLC in the amount of $2,419,185.64 plus a contingency of $400,000.00. PASSED and APPROVED this 18"' day of February, 2009. APPROVED: -' ATTEST: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Page 1 of I Clarice Pearman - Res. 46-09 & 47-09 From: Clarice Pearman To: Marr, Don Date: 2.19,09 3:05 PM Subject: Res. 46-09 & 47-09 CC: Audit Attachments: 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 Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us r file ://C:1Documents%20and%20Settings\cpearman.0001Local%20Settings\Temp\XPgrpwise1499D7531 FA... 2.19.09 Page 1 of 1 Andrea Foren - Re: Address for notices From: <acallaway@dreusa.com> To: "Andrea Foren" <aforen@ci.fayetteville.ar.us> Date: 2/24/2009 2:29 PM Subject: Re: Address for notices I apologize. 740 Musem Drive Mobile, AL 36608 251.343.3581 251.343.5554 fax You can send anything to my email account. Did you receive the bond as well. Thank you so much! April BlackBerry service provided by Nextel From: "Andrea Foren" Date: Tue, 24 Feb 2009 10:22:39 -0600 To: <acallaway@drcusa.com> Subject: Address for notices April, I received the original signature for the contract; however, the 'Address for giving notices" was not filled out. What address would you like for us to use for that? Thank you, Andrea Andrea Foren, CPPB City of Fayetteville, Purchasing Agent 113 W. Mountain Fayetteville, AR 72701 Phone: (479) 575-8220 aforen@cLfayetteville.ar.us www_acces yettevllle.org A Please 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" file ://C:1Documents and Settings\aforen.000\Local Settings\Temp\XPgrpwise149A4044IF... 2/24/2009 o &f Y7 - SECTION 00600 ARKANSAS STATUTORY PL RFORMANCE AND PAYMENT BOND WE, DRC Emergency Services, LLC as Principal, hereinafter called Principal, and SAFECO Insurance Company of America as Surety, hereinafter called the Surety, arc held and firmly bound unto City of l'ayett:eville (Owner) amount of Two Million Four Hundred Nineteen Thousand One -Hundred -Eighty -----Dollars Five Dollars and Sixty Four Cents------------ (S 2,419,185.64 ) for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, and. successors, and assigns, jointly and severally, and firmly by these presents. Principal has by written agreement dated ebJA I t3to 2 -ON entered into a contract with Owner for STOE ES S DICES, CON 1, _2.,_ 3 4 which contract is by reference made a hart hcreoli and is hereinafter referred to as the Contract. llic condition of this obligation is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from allcost and damage which lie may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said contract failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. 00600.doc No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the Contract, not shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. Any Alterations which may be made in the terms of the contract or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part either of the Owner or Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of then, their heirs, personal representatives, successors, or assigns from their liability hereunder, notice to the Surety of Sureties of any such alteration, extension, or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the suer set herein. Executed on the I day of 7JNL By DRC Emergency Services, LLC Principal Witness: ) Attest: SAPECO Insurance Comy of America T This Bond is 00000.doc za. Seattle, WA 98185 Seal) cal) Attorney -in -Fact Surety Compliance with Act 351 of 1953, as amended. Arc Sias CounteCounter ng/JAgent EN!) OF SECTION 00600 thttewR. Cashion, Jr The Cashion Company, Inc. 321 Scott Street, Little Rock, 2 AR 72201 1 Safeco Insurance Company of America POWER General Insurance Company of America Safeco Plaza OF ATTORNEY Seattle, WA 98185 No. 9958 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *"***********KIMBERLY B. BARHUM; DAVID ROBIN FORTENBERRY; RICHARD TEB JONES; MARY JONES NORVAL, Hattiesburg, Mississippi; CHRIS BOONE; JOHN R. PITTMAN, SR.; SHARON TUTEN; Jackson, Mississippi; JIM E. BRASHIER; JILL G. EURE; TROY P. WAGENER; NORMA J. MCMAHON; LOREN RICHARD HOWELL, JR.; KATHLEEN SCARBOROUGH; Biloxi Mississippi; SCOTT NAUGLE; JOHN B SNEED; WAYNE TIDSALE; Gulfport, Mississippi its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 12th November day of Edmund C. Keneeajv. Speretary --. Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 2008 "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 2, 1970. On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (0 The provisions of Article V. Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof. I, Edmund C. Kenealy , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this I day of 'uA, Zpi09 ()A ,7;;; SEAL . W SEAL a�r� 2.4i'\% th ` 1 1f WA5�•rr0fWdl ' S-09741DS 10108 +�+ •t Edmund C. Kenealy, Secretary SafecoO and the Safeco logo are registered trademarks of Safeco corporation. WEB PDF THE GRAY INSURANCE COMPANY CERTIFICATE OF INSURANCE NO 289 CERTIFICATE HOLDER City of Fayetteville Attn: Andrea Foren, CPPB 113 W. Mountain Fayetteville, AR 72701 NAMED INSURED DRC, Inc., DRC Emergency Services, LLC 740 Museum Drive Mobile, AL 36608 YES O NO Do all policies contain a Waiver of Subrogation in favor of Certificate Holder if required by written contract? ® YES El NO Do all policies except the Workers' Compensation name the Certificate Holder as Additional Insured if required by written contract? ® YES ❑ NO Do policies provide 30 days written notice of cancellation to Certificate Holder? M YES ❑ NO Is coverage under all insurance carried by Named Insured Primary Insurance if required by written contract? LIMITS OF LIABILITY IN CONFIRMATION TYPE OF INSURANCE POLICY POLICY THOUSANDS OF COVERAGE NUMBER PERIOD (000) WORKERS! COMPENSATION & XSWC-070529 03/01/2008 WORKERS COMPENSATION Statutory • EMPLOYERS LIABILITY 03/01/2011 EMPLOYERS LIABILITY ® YES ❑ NO U. S. Longshoremen's and Harbor Workers' Each Accident 1.000 Compensation Act Coverage Disease - Policy Limit $ $ 1.000 l YES ❑ NO Outer Continental Shelf Land Act Disease - FAch Employee $ 1.000 YES O NO Jones Act (including Transportation. Wages. P Maintenance, and Cure). Death on the High MARITIME EMPLOYERS Seas Act & General Maritime Law LIABILITY $ 1.000 lZ YES ❑ NO Voluntary Compensation Endorsement ( YES O NO Other States Insurance YES El NO Alternate Employer/Borrowed Servant Endorsement YES ❑ NO "In Rem" Endorsement YES O NO Gulf of Mexico Territorial Extension GENERAL LIABILITY XSGL-073197 03/01/2008 Form & Edition Date ISO CG 00 01 11/88 03/01/2011 General Aggregate Unlimited Products-Comp/OPS Agg. $ 3,000 ® YES O NO Broad Form Property Damage Liability Personal & Advertising Injury $ 1.000 including X, C. U Each Occurrence S 1.000 IS YES ❑ NO Products/Completed Operations Fire Damage $ 50 l YES ❑ NO Contractual Liability (Any one fire) ® YES ❑ NO Sudden and Accidental Pollution Liability Medical Expense $ 5 l YES ❑ NO Occurrence Form (Any one person) M YES O NO Personal Injury l YES O NO "In Rem" Endorsement ® YES ❑ NO Cross Liability ® YES ❑ NO Watercraft exclusion has been modified by the vessels endorsement on scheduled equipment Cl j � mmmmmmmmmmmmmmmmm�mmmmmmmmmmmc� CONFIRMATION POLICY POLICY LIMITS OF LIABILITY IN OF COVERAGE TYPE OF INSURANCE NUMBER PERIOD THOUSANDS (000) AUTOMOBILE LIABILITY XSAL-072995 03/01/2008 03/01/2011 ® YES ❑ NO Any Auto Bodily Injury & Property $ 1.000 l YES ❑ NO All Owned Autos Damage Combined ❑ YES ❑ NO Scheduled Autos ® YES ❑ NO Hired Autos ® YES ❑ NO Non -Owned Autos EXCESS LIABILITY GXS-042273 03/01/2008 ® YES O NO Excess Form 03/01/2009 Each Occurrence $ 4,000 Aggregate $ 4.000 JOB OR PROJECT DESCRIPTION RFP 09-04, Storm Debris Services SPECIAL. CONDITIONS City of Fayetteville is -additional insured on all policies except Workers` Compensation, -if required by written coiltraci. Should the insurance herein described be cancelled, assigned or changed in such a manner as to affect this certificate, TILE GRAY INSURANCE COMPANY will endeaver to give thirty ( 30 ) days written notice to the certificate holder, but failure to do so shall impose [to obligation or liability upon THE GRAY INSURANCE COMPANY. /z TH 1RAY INS N OMPANY 01 N. I-10 Service Road West, etairie. LA 70002 DATE: 01/20/2009 U CJ� 11,Ci)CLDWci .-)JGJWct,alcl,Wd7d WGL?WcbC-bCb&Iala Page 1 of 3 Andrea Foren - RE: Performance and Payment Bond From: "April Callaway" <acallaway@drcusa.com> To: "'Andrea Foren" <aforen@ci.fayetteville.ar.us> Date: 3/3/2009 3:52 PM Subject: RE: Performance and Payment Bond Yes ma'am date it the same date as the contract. Both POA and bond. Can you send me a signed copy of the contract? Thank you so much! I will call them asap and get a bond filed. April Callaway Contracts Manager DRC Emergency Services, LLC 740 Museum Drive Mobile, Alabama 36608 Tel: (251)343-3581 Fax: (251)343-5554 Cell: (251)423-1158 cell Notice: This e-mail is covered under the Electronic Communications PrivacyAct. 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at the above number and destroy the original message. From: Andrea Foren [maiIto :aforen@ci.fayetteville.ar.us] Sent: Tuesday, March 03, 2009 3:35 PM To: April Callaway Cc: Andrea Foren Subject: RE: Performance and Payment Bond I did see the instruction sheet; however, I believe it was from the bond company as instructions to DRC as opposed to the City. Do you want me to date the bonds the same date as the contract? The instruction sheet says to date it the same as the date the power of attorney was signed; however, the power of attorney was not dated either. I am not sure how you send them one to be filed. Might give them a call.. .the Washington County Clerk's Office can be reached at (479) 444.1538. file ://C:\Documents and Settings\aforen.000\Local Settings\Temp\XPgrpwise149AD523BF... 3/3/2009 Page 2 of 3 Let me know about the bonds,.. Thanks, Andrea Andrea Foren, CPPB City of Fayetteville, Purchasing Agent 113 W. Mountain Fayetteville, AR 72701 Phone: (479) 575-8220 aforen@ci fayettev_t aar.us www.accessf yetteville_org APlease 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" >>> On 3/3/2009 at 2:56 PM, in message <00cd01c99c42$820dd910$1901a8c0@April>, "April Callaway" <acallaway@dreusa.com> wrote: Yes ma'am. There should have been an instruction sheet attached. I apologize if it was not, but have attached I this email for your convenience. How do I go about filing a bond with the County? How do they need me to send? April Callaway Contracts Manager DRC Emergency Services, LLC 740 Museum Drive Mobile, Alabama 36608 Tel: (251)343-3581 Fax: (251)343-5554 Cell: (251) 423-1158 cell Notice: This e-mail is covered under the Electronic Communications PrivacyAct, 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at the above number and destroy the original message. From: Andrea Foren[mailto:aforen@ci.fayetteville.ar.us] Sent: Tuesday, March 03, 2009 11:32 AM To: acallaway@drcusa.com Cc: Andrea Foren Subject: Performance and Payment Bond April, file ://C:\Documents and Settingslaforen.0001Local Settings\Temp\XPgrpwise149AD523BF... 3/3/2009 Page 3 of 3 I received the attached performance and payment bond; however, no dates were filled in and the power of attorney was not dated when it was signed. Would you like for me to date all dates the same as the date the contract was signed? Please let me know, If you do not want me to do that, please send revised originals. Also, a copy of this bond needs to be filed with the Washington County Clerk's Office (they will need a couple of originals to take with them). Can you send me a copy of the bonds stamped from the WCC Office? Thank you, Andrea Andrea Foren, CPPB City of Fayetteville, Purchasing Agent 113 W. Mountain Fayetteville, AR 72701 Phone: (479) 575-8220 aforen@c!fye1tevllle.ar.us www.accessfa y_ettevtlie.org Please consider the environment before printing my e-mail "Life is not about waiting for the storm to pass, its about learning to dance in the rain" >>> On 312/2009 at 7:49 AM, in message <20090302084944.0001.CanonTxNo.0277@[192.168.5.110]>, <3rdfloorbw@ci.fayetteville.ar.us> wrote: file )/C:\Documents and Settings\aforen.0001Local Settings\Temp\XPgrpwise\49AD523BF... 3/3/2009 DATING A PERFORMANCE BOND Please check your bond to see if it has been dated. If your contract date is unknown, we will leave the dates blank on the bond and the power -of -attorney. Here are the Instructions for dating your bond before you give it to your owner. 1. The bond date or "signed, sealed date" should be a date that is on or after your contract date. 2. There may be a separate place for a contract date. In the place -for contract date, enter the date of the contract. 3. The power -of -attorney must be dated as well. Use the same date on the power -of -attorney that you use as the signed,sealed date. 4. If you have a sales tax rider it must be dated on or BEFORE your start date that you put on your MPC # application for the State. DRC EMERGENCY SERVICE, LLC PREPAREDNESS - EMERGENCY RESPONSE - RECOVERY APRIL CALLAWAY CONTRACTS MANAGER TEL: 1-251-343-3581 740 MUSEUM DRIVE FAX: 1-251-343-5554 MOBILE, ALABAMA 36608 CELL: 1-251-423-1 158 EMAIL: aclIawa@druCOm CELL: 1-251-423-6563 r I .4d �{ THE GRAY INSURANCE COMPANY CERTIFICATE OF INSURANCE NO 289 REVISED CERTIFICATE HOLDER NAMED INSURED City of Fayetteville DRC, Inc., DRC Emergency Services, LLC Attn: Andrea Foren, CPPB 740 Museum Drive 113 W. Mountain Mobile, AL 36608 Fayetteville, AR 727O1 ® YS ❑ NO Do all policies contain a Waiver of Subrogation in favor of Certificate Holder if required by written contract? l� YES ❑ NO Do all policies except the Workers' Compensation name the Certificate Holder as Additional Insured if required by written contract? ® YES ❑ NO Do policies provide 30 days written notice of cancellation to Certificate Holder? ® YES O NO is coverage under all insurance carried by Named Insured Primary Insurance if required by written contract? LIMITS OF LIABILITY IN CONFIRMATION Tl'PE OF IN5URANCE POLICY POLICY THOUSANDS OF COVERAGE. NUMBER PERIOD (000) WORKERS' COMPENSATION & XSWC-070529 03101/2008 WORKERS COMPENSATION Statutory EMPLOYERS LIABILITY 03/01/2011 EMPLOYERS LIABILITY YES ❑ NO U. S. Longshoremen's and Harbor Workers' Each Accident S 1.000 Compensation Act Coverage Disease - Policy Limit $ 1,000 YES ❑ NO Outer Continental Shelf Land Act Disease - Each Employee S 1.000 ® YES ❑ NO Jones Act (including Transportation, Wages, Maintenance, and Cure). Death on the High MARITIME EMPLOYERS Seas Act & General Maritime Law LIABILITY $ 1.000 YES ❑ NO Voluntary Compensation Endorsement ® YES ❑ NO Other States Insurance ® YES ❑ NO Alternate Employer/Borrowed Servant Endorsement ® YES ❑ NO "In Rem" Endorsement ® YES ❑ NO Gulf of Mexico Territorial Extension GENERAL LIABILITY XSGL-073197 03/01/2008 Forst 8r. Edition Date ISO CG 0001 11/88 03/01/2011 General Aggregate Unlimited Products-ComplOPS Agg. $ 3,000 IN YES ❑ NO Broad Form Properly Damage Liability Personal & Advertising Injury $ 1,000 including X, C. U Each Occurrence $ 1,000 ® YES ❑ NO Products/Completed Operations Fire Damage $ 50 IS YES ❑ NO Contractual Liability (Any one fire) ® YES ❑ NO Sudden and Accidental Pollution Liability Medical Expense $ 5 YES ❑ NO Occurrence Form (Any one person) YES ❑ NO Personal Injury ® YES ❑ NO -In Rem" Endorsement ® YES ❑ NO Cross Liability ® YES ❑ NO Watercraft exclusion has been modified by the vessels endorsement on scheduled equipment c� mmmmmmmmmmmmmmmmmmmmmmmmmmmmm CONFIRMATION TYPE OF INSURANCE POLICY POLICY LIMITS OF LIABILITY IN OF COVERAGE NUMBER PERIOD THOUSANDS (000) AUTOMOBILE LIABILITY XSAL-072995 03/01/2008 03/01/2011 ( YES El NO Any Auto Bodily Injury & Property $ 1,000 ® YES El NO All Owned Autos Damage Combined ❑ YES ❑ NO Scheduled Autos IN YES El NO Hired Autos ® YES O NO Non -Owned Autos EXCESS LIABILITY GXS-042402 03/01/2009 03/01/2010 ® YES El NO Excess Font Each Occurrence $ 4,000 Aggregate $ 4,000 JOB OR PROJECT DESCRIPTION RFP 09-04, Storm Debris Services SPECIAL CONDITIONS City of Fayetteville is additional insured on all policies except Workers' Compensation, if required by written contract. Should the insurance herein described be cancelled, assigned or changed in such a manner as to affect this certificate, THE GRAY INSURANCE COMPANY will endeaver to give thirty ( 30 ) days written notice to the certificate holder, but failure to do so shall impose no obligation or liability upon THE GRAY INSURANCE COMPANY. THE GRAY INSURANCE COMPANY 3601 N. I-10 Service Road West, Metairie, LA 70002 DATE: 03/05/2009 GJ�GJv7C�C�CJ.7�c�J3J-D �fJCJC37CJ.1CjC.l7C.at, C -b �?Ct7cbC�WWC�7C�� City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements City Council Meeting Date Agenda Items Only X25 Co .eke .Q jc Lt tU Terry Gulley Transportation Transportation Services Submitted By Division Department Action Required: Approval of Change Order #1 to Contract Number 2077 with DRC Emergency Services, LLC to increase the contract amount by $400,000.00 authorizing the use of contingency approved by Resolution No. 47-09. $ 400,000.00 $ 4,000,000.00 ICE FEMA (2009 Ice Storm Reimb) Cost of this request Category I Project Budget Program Category I Project Name 4270.9280.5314.00 $ 2,903,401.54 Ice Storm 2009 Account Number Funds Used to Date Program I Project Category Name 09010/0901 $ 1,096,598.46 Replacement & Disaster Recovery Project Number Remaining Balance Fund Name Budgeted Item X Budget Adjustment Attached gx p�,-of Previous Ordinance or Resolution # 47-09 Department Dire r Date l / 3/ l Original Contract Date: 2118!2009 W ZZ /-o7 Original Contract Number: 2077 City Attorney ( ate `-po j c. 3-r7--zot9 Finance and Internal Services Director Date comments: Received in City 4� Clerk's Office Received in Mayor's Office , Revised January 15, 2009 Tye eyille THE CITY OF FA YETTE VILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff From: Terry Gulley, Transportation Servicesrector Date: April 7, 2009 Subject: Approval of Change Order #I to Contract 2077 with DRC Emergency Services, LLC to increase the contract amount by $400,000.00 authorizing the use of contingency approved by Resolution No. 47-09. RECOMMENDATION Staff recommends approval of Change Order #1 to Contract Number 2077 with DRC Emergency Services, LLC to increase the contract amount by $400,000.00 authorizing the use contingency approved by Resolution No. 47-09. BACKGROUND Contract Number 2077 currently provides for services including but not limited to vegetative storm debris removal, tree trimming & removal within public lands and right of way, and debris disposal site operations management City-wide, in compliance with FEMA requirements. 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 now estimated to require removal. Uncertainty in the scope of the ice storm debris removal operation at the time it was necessary to begin required the use of estimates prepared with preliminary information and to the best ability of City staff. The estimates were prepared using a combination of aerial photo information calibrated with actual removal rates based on what City crews had actually removed in several areas. As actual storm debris quantities have exceeded the original estimate, a Contract Amendment will be necessary to complete the removal of all remaining storm debris. BUDGET IMPACT $400,000.00 is available within the approved contract contingency. DRC Emergency Services, LLC projects that an additional $200,000.00 will be required in addition to 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 will be largely offset by reimbursements from FEMA and the State of Arkansas. 7ay`eR ev'lle AI KA M5AS CONTRACT CHANGE ORDER Project No.: 09010.0901 Change Order No, I Page I of _ City Contract ti 2077 Schedule City Resolution # 47-09 Date 3/26/2009 AN RC Project No.: N/A_ Name: Debris Removal Services Location: Fayetteville. AR City of Fayetteville Contractor: DRC Emergent 113 W Mountain Address: 740 Museum Dr Fayetteville, AR 72701 Sarasota, FL 34232 THE FOLLOWING CHANGES ARE HEREBY AMENDED INTO THE CONTRACT PLANS AND SPECIFICATIONS: I Removal of vegetative debris ... 5 Tree removal and disposal > 24" 6 Limb mmovul per tree TOTAL DECREASE TOTAL INCREASE ;ina3 Contract Amount it Previous Change Orders) Amount This Change Order "AL CONTRACT AMOUNT TO DATE Original Completion Date Previous Adjusted Completion Date (Increase)(Decnn[se) This Change Order MENDED TOTAL AMOUNT 52,419,185,64 5400.000.00 52.8 I9,185.b4 Dr. RC( Signature ED: DRC tt% Can Signature 550,000.00 $75,000.00 5400.000.00 5400.000.00 ENGINEERS FINAL ELIGIBLE AMOUNT $0.00 5400,000.00 5400,000.00 Calendar T,#. )- s Title Date Title Dime •I'�L.a�I IL rr rL I� Date tttttunrr�i� ER K/TR '''% Oat G1-TYpF.G� FAYE7TEVILLE: <<f!!alur►' RESOLUTION NO. 47-09 A RESOLUTION TO APPROVE A CONTRACT FOR STORM DEBRIS REMOVAL SERVICES WITH DRC EMERGENCY SERVICES, LLC IN THE AMOUNT OF $2,419,185.64, PLUS A CONTINGENCY OF $400,000.00 WHEREAS, after the devastating ice storm of January 26-27, 2009, President Obama declared much of Northwest Arkansas, including the City of Fayetteville a Disaster Area eligible for FEMA assistance; and WHEREAS, the amount of downed trees, broken limbs, and other debris throughout Fayetteville is so massive that Fayetteville's employees and equipment cannot handle the tremendous job of removing such debris without hiring an independent contractor, and WHEREAS, the cost of the debris removal will be largely offset by reimbursements from FEMA and the State of Arkansas; and WHEREAS, the City of Fayetteville property solicited Requests For Proposals from independent contractors desiring to be awarded a Contract for Storm Debris Removal Services; and WHEREAS, the City's Selection Committee painstakingly reviewed proposals from almost twenty companies and the selected by use of an approved rating/point system, the applicant/proposal which was the most qualified, capable, and economical company to pick up, remove and reduce to wood chips the debris caused by the ice storm. 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 DRC Emergency Services, LLC as the most qualified, capable and economical company to be awarded the contract for Storm Debris Removal Services. Section 2: That the City Council of the City o€ Fayetteville, Arkansas hereby awards the Contract For Storm Debris Removal Services (attached as Exhibit "A") which includes all terms within the Project Manual, to DRC Emergency Services, LLC in the amount of $2,419,185.64 plus a contingency of $400,000.00. ,t�tiiurnt PASSED and APPROVED this 18'1 day of February, 2009. FAYETTEVILLE: �r'9RkarlsP�=�� "'� TON Gf: E. SAUTE, City Clerk/Treasurer SECTION 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND DRC EMERGENCY SERVICES, LLC THIS-•AGREEMENT-is.dated as'Mf the: I f day of February in the year 20-, by and between the CITY OF'FAYETTEVILLE and DRCEMERENCY SERVICES, JLC- 1. DRC EMERGENCY'SERVICES, LLC shall commence and complete all Work as specified: or indicated in the Contract Documents. The WORK is generally described as foilowsr STORM DEBRIS -SERVICES, CONTRACT SECTION 1, 2, 3, & 4 2: DRC EMERGENCY SERVICES, LLC shall furnish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. 3. DRC EMERGENCY SERVICES, LLC shall commence the WORK required by the CONTRACT DOCUMENTS on or before a date to be specified in .the NOTICE •TO PROCEED and completed in one hundred twenty (120) days for debris removal and one hundred sixty (160) days for debris collection site closure from date of notice to proceed. DRC EMERGENCY SERVICES, LLC shall pay the CITY OF FAYETTEVILLE, .as liquidated damages, the sum of $2000 for- each calendar day thereafter that the. WORK is not complete. 4.. Upon approval of the City of Fayetteville, the contract may be extended as needed through December 31., 2012. DRC EMERGENCY SERVICES, LLC agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the PROPOSAL. The term CONTRACT DOCUMENTS shall mean and include the following: 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 00500.doc Request for Proposal Information for Proposers Supplemental Information for Proposers Statement of Disclosure Debarment, Suspension, and Other Responsibility Matters Primary Contacts Proposal Proposer's Statement of Subcontractors Bid Bond Agreement Between .City of Fayetteville and DRC EMERGENCY SERVICES, LLC Performance and Payment Bond Warranty Bond 6.13 General Conditions 6.14 Prevailing Wage Rates 6.15 Notice of Award 6.16 Notice to Proceed 6.17 Project Manual for Storm Debris Services 618 Addenda 6:19 Change Orders 7.. The CITY OF FAYETTEVILLE shall pay DRC EMERGENCY SERVICES, LLC in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. :S.: This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 9: MISCELLANEOUS 9.1. Teens used in the Agreement. which are defined in Article I o€ the General Conditions will have the meanings indicated in the General Conditions. .9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent o€ the party sought to be bound; and, .specifically but without limitation, moneys that may become due and moneys that are. due may not be .assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. City of Fayetteville and DRC EMERGENCY SERVICES, LLC each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents, 9.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 9.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 9.6. Freedom of Information Act. City of Fayetteville contracts and documents prepared while perfonningcity contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, DRC EMERGENCY SERVICES, LLC 00500.doc 2. will do everytbirig 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. 9.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and DRC EMERGENCY SERVICES, LLC have signed this Agreement in quadruplicate. Two counterparts each have been delivered to City of Fayetteville, and two counterparts have been delivered to DRC EMERGENCY SERVICES, LLC. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and DRC EMERGENCY SERVICES, LLC. OWNER CONTRACTOR CITY OF F r TIsVILLE B yorLio Jordan [CORPORATE SEAL] 113 W. Mowrrtain Fayetteville, AR 72701 DRC EMERGENCY SERVICES, LLC BY MJ' 4 iX s c ad r MamloU [CORPORATE SEAL] License No. Agent for service of pmcess: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 005oadoc 3 PU CHAS ©II VENDOR NO. 18634 DRC Emergency Services LLC 740 Museum Dr Mobile AL 36608 Each Package Must Be Marked Exactly As Shown Horn City of Fayettevl[le, Arkansas DATE 2/25/09 FOB Fyv PURCHASE ORDER # 09-0000207-001 TERMS NET30 DAY Unit Qty ' of pty Description and Received Account Number Unit Price TOTALS Issue 1.00 LOT a) Storm Debris Services 2419185.64 2419185.64 Per RFP #09-04 Res #47-09 Contract #2077 4270.9280.5314.00 090100901 Please add line item B). Change Order #1 to Contract #2077 to increase contract amount by $400,000.00 allowing for additional debris removal 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 5 Happy Hollow Rd Fayetteville AR 72701 RECD DEPT HEAD APPROVAL AMOUNT TO PAY $ AIPVE RIACATION PURCHASING VERIFICATION PRICE CHANGE VERIFICATION _ RETURN CHECK TO SEND COPY TO Sales Tax Total: $223774.67 Purchase Order Total: 2642960.31 ADDITIONAL APPROVAL CHECK # DOES NOT MEET PURCHASING POLICY CONTRACT PAYMENT OTHER APPROVED EY PROJECT # THIS PAYMENT $ PREVIOUS PAYMENT(S) $ TOTAL F"YMt{S) $ BALANCES DEPT COPY Page 1 of I Clarice Pearman - DRC Emergency Services From: Clarice Pearman To: Gulley, Terry Date: 4.7.09 3:14 PM Subject: DRC Emergency Services CC: Audit; Purchasing Attachments: Audit; Purchasing Terry: Attached is a copy of your staff review item regarding DRC Emergency Services CO1. I am forwarding to you an agreement for DRC. I am forwarding to Purchasing your purchase order. Please let me know if there is anything else needed for this item. Have a good afternoon. Clarice file ://C:1Documents%20and%20Settingslcpearman.0001Local%20Settings\Temp\XPgrpwise\49DB6DDAF... 4.7.09 l7CORD,y CERTIFICATE OF INSURANCE ISSUE DATE 02/04/2010 PRODUCER MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. 5080 Spectrum Dr., Suite 900E Addison, TX 75001 (469) 232-2100 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 Ironshore Specialty Insurance INSURED DRC Emergency Services, LLC 740 Museum Drive Mobile, AL 36608-1940 Company B Amerisure Mutual Insurance Company Company C Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of 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. CO LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY A GENERAL LIABILITY Commercial General Liability ❑ Claims Made ® Occurrence ❑ Owners' and Contractors' Protection ❑ ❑ General Aggregate Limit applies per: 1$I Policy O Project ❑ Location 000117900 01/28/2010 07/28/2011 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE $ MEDICAL EXPENSE $ PERS. AND ADVERTISING INJURY $ GENERAL AGGREGATE $ 2,000,000 PRODUCTS AND COMP. OPER. AGG. $ 2,000,000 B AUTOMOBILE LIABILITY 181 Any Automobile © All Owned Automobiles ❑ scheduled Automobiles I Hired Automobiles NOn.5woed Automobiles ❑ 112491100 01/20/2010 01/20/2011 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ COMPREHENSIVE $500 deductible COLLISION $500 deductible B WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY WC2067300 01/20/2010 01/20/2011 WC Statutory Limit X Other EL EACH ACCIDENT $ 1,000,000 EL DISEASE (Each employee) $ 1,000,000 EL DISEASE (Policy Limit $ 1,000,000 A EXCESS LIABILITY 181 occurrence ❑Claims Made Retention/Deductible 10,000 000118000 01/28/2010 07/28/2011 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 A CONTRACTORS POLLUTION 000108000 01/19/2010 01/19/2011 Each Occurrence $ 5,000,000 Policy Aggregate $ 5,000,000 Deductible Each Loss $ 10,000 $ CERTIFICATE HOLDER City of Fayetteville Attn: Andrea Foren, CPPB 113 W. Mountain Fayetteville, AR 72701 Page SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Authorized Representative . Q. 1 of 1 CertiflcatelD# - T6YXJYFX 41-01 RiFP oq-o4 S+awl. )ebri s 5 A� �® CERTIFICATE OF LIABILITY INSURANCE TE (MWDDNYYY) DA01/29/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPONTHE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANDTHE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certifIcate holder In lieu of such _endorsements). PRODUCER MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. 5080 Spectrum Dr., Suite 900E TLCT NAME: PHONE (469) FAX No Exit:232-2100 A/C No): Addison, TX 75001 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC I INSURER A :Starr Surplus Lines Insurance Company 13604 INSUREmergency Services, LLC ED DRC INSURER B :Praetorian Insurance Company 37257 740 Museum Drive INSURER C :Federal Insurance Company 20281 Mobile, AL 36608-1940 INSURER 0: INSURER E: INSURER C: COVERAGES CERTIFICATE NUMBER:9YMAXDUW REVISION NUMBER: THIS 13 10 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER MMIDD EFF MMM//DD/VYV LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X SLSLEIL72029413 01/31/2013 01/31/2014 EACH OCCURRENCE $ 1,000,000 DAMAGETO RENTED PREMISES Ea occurrence S 50'000 MED EXP (Arty one person) $ 5,000 PERSONAL & AD'./ INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY1] IT PRO. fl LOC PRODUCTS - COMP/OP AGO $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS X AUTOS Ix )( PICHUD002236 01/2012013 01120/2014 MEIN INGL MI Easo!dem 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per occident) $ PROPERTY DAMAGE Peraaidenl) $ Comp. $500 deductible Coll. $500 deductible A X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE X SLSLXNV73021813 Follow Form 01/31/2013 01/31/2014 EACH OCCURRENCE $ 10,000,000 AGGREGATE S 10,000,000 DED I RETENTIONS $ C WORKERS COMPENSATION AND EMPLOYERSLIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) 11 yes, describe under DESCRIPTION OF OPERATIONS below NIA 004 4727472 Includes USHSL 01/3112013 01/31/2014 X WC STATIJ- OTH- ITORY LIMITS E.L. EACH ACCIDENT $ 1,000.000 E.L. DISEASE - EA EMPLOYEE $ 1000 OOR C.L. DISEASE - POLICY LIMIT $ 1000 000 A CONTRACTORS POLLUTION INCLD. Liability During Transportation, Ilnes, penalties, clean up, punitive damage. Occurrence form SLSLELL72029413 01/31/2013 01/31/2014 Each Occurrence Policy Aggregate Deductible Each Loss 1,000,000 $ 1,000,000 $ 20,000 S $ DESCRIPTION OF OPERATIONS / LOCATIONS (VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville AIm:Andrea Foren, CPPB AUTHORIZED REPRESENTATIVE 1f 1133 W. Mountain Fayetteville, AR 72701 j Page 1 of 1 ® 1988-2010 ACORD CORPORATION. All rIghed. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD