Item R03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21. 2005
Division:
County Administrator
Bulk Item: Y es ~
No
Department: County Administrator
Staff Contact Person: Connie Cyr
AGENDA ITEM WORDING: Ratification of the signing of letter of Agreement with R.W. Beck,
Inc., to perform debris management and disaster related services to Monroe County as a result of
Hurricane Katrina.
ITEM BACKGROlJND: FEMA requires hurricane debris collection and disposal monitoring in
regards to the loading, hauling, transport, reduction and disposal of debris resulting from Hurricane
Katrina. Monroe County is procuring monitoring services from R.W. Beck, Inc. by "piggy backing" on
an "Agreement between Escambia County and R.W. Beck. Ine for Professional Services as Governed
by Florida Statue 287.0055 (PD 02-03.79)" dated October 2003, as amended. The aforementioned
Letter of Agreement was signed the County Administrator pursuant to Monroe County's Local State of
Emergency declaration for Hurricane Katrina.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: NJ A
ST AFF RECOMMENDATIONS: Approval
TOTAL COST: Hourly Billing Rates and Charges
Attachment B
COST TO COUNTY: 12.5%,State: 12.5%,FEMA:75%
BUDGETED: Yes No L
General Revenue
SOURCE OF FUNDS: Reserves
REVENUE PRODUCING: Yes
No x
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
[Jfwm.aJ '). Willi
(TYPE NAME HERE)
DOCUMENT A TION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
OKl!~ErY ~O~~~~E
(305) 294-4641
Monroe County
Board of County Commissioners
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Room 2~205
Key West, Florida 33040
(305) 292~4441 ~ Phone
(305) 292.4544 ~ Fax
August 29, 2005
Mr. Jonathan Burgiel
Director of Disaster Recovery Services
R W. Beck, Inc.
800 North Magnolia Ave., Suite 300
Orlando, FL 32803-3274
(-~,....,......~
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern Charles "Sonny" McCoy, District 3
George Neugent, District 2
David P. Rice, District 4
Murray E. Nelson, District 5
Subject: Debris Management and Disaster Related Services in Monroe County, Florida
Dear Mr. Burgiel:
Monroe County, Florida (the "County") hereby agrees to retain R. W. Beck, Inc. to perform debris
management and disaster related services to Monroe County based on the same contractual arrangements,
terms, and conditions that exist between R. W. Beck and Escambia County, Florida for debris management
and disaster related services, which arrangements with Escambia County are set forth in the following
documents:
1. The "Agreement between Escambia County and R. W. Beck, Inc., for Professional Services as
Governed by Florida Statute 287.055 (PD 02-03.79)" dated October 2003 (the "Escambia County
Agreement").
2. Task Order PD 02-03.79.37.SWM.03 dated September 24, 2004 under the Escambia County
Agreement.
3. The "First Amendment to Agreement Between R W. Beck and Escambia County, Florida for Debris
Management and Disaster Related Services".
4. The "Second Amendment to Agreement Between R. W. Beck and Escambia County, Florida for
Debris Management and Disaster Related Services".
All references to Escambia County in the aforementioned documents are to be Monroe County, Florida, as
pertaining to this letter of agreement. Accordingly, the Contract Administrator in Section 1.3 is Thomas J.
Willi, County Administrator, Monroe County, Florida.
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T-ass P..003/003 F~5e
R. W. Bec~ Inc.
Aupt 29~ 200S
Page. 2
With regard to the service rates on Exhibit Bt Hourly BllJing Rar.es and Charaest the County ~ognizes rhat:
Aerorek: was the specific subconsultant used tQ provide contract labor in Eseambia County; R. W. Beck will
use a different subconsnltant used to provicle COI'Itract labor for the County"s project.. such as Hndson North
America; and the $30 HOurly Admin. Fee will be applicable to whatever subconsultarit is used by R. W. !l(:clc
to provide contract labor for th~ Counlyf s project.
R. W. Beck is authoritcd, to ~Qmmence p-roviding seMces upon execution of this leuec of agICement. It W.
Beck shaIl perfurm the following tasb to as.sim the County in responding (0 d1e afrer:rnath of Hurricane
Katrina.
1. Provide general program management services. as diIected by the County, with regaras to debris
collection and. dispoAl activities within the Countyi
2. Ptovide COntract monitonng services in managing the activities of the Counry's debris
contracror(s);
3. Provide debris collection and disposal site monitoring services as required by FEMA:
4. Provide for data CDtry and management of coJlection and dJJposaJ tickets;
5. Provide rhe County widl daily opetadng sratiitica (cubic yardage collected, asset inventory~ etc.);
6. Review and approve contractor invo.ioea subroi1ted [0 the CoUntYi and
1. Assist in preparing required data and forms required for FEMA reimbwwetnent.
Please acknowledge concurrence with the above by R. W. Beck by having the appropriate person sign rhis
letter agreement.
APPRO~.U'2~Y:
8ignamre: & i '1 tct:S
D
TIde:
APPRO
e:
Dare:
Date:
N A, TrON
(bAA ASS\STAN'~FORHEY
Disaster Summary For FEMA-1602 DR
Executive Order: 05-176
Declaration Date: August 24, 2005
Incident Type: Hurricane Katrina
Incident Period: August 24,2005, and Continuing
Individual Assistance:
(Assistance to individuals and households)
Monroe County did not qualify for Individual Assistance
Public Assistance
(Assistance to State and local governments and certain private nonprofit organizations
for the repair or replacement of disaster-damagedfacilities):
Monroe County was included for Public Assistance, all categories
Monroe County State of Local Emergency declared August 26, 2005 at 7 am; terminated
August 29, 2005, at 8 am.
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.
...,..
AGREEMENT
Between
E$CAMBJA COUNTY
and
R.l1I. Beck, Inc.
for
Professional Services as Governed by Florida Statute 287.055
(PO 02-03.79)
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Agreement with Escambla County for
Professional Services as Governed by FIQrlda Statute 287.055
(PO 02-03.79)
TABLE OF CONTENTS
ARTICLE 1
AgreemGot Declarations
Definitions and Identifications
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
- - --'.'.---MTicU~7-
ARTICLE 8
ARTICLE 9
ARnCLE 10
Preamble
Scope of Sarvices
Ordering of Work
Time for PerformancG .
Compensation and Method of Payment
.... ... "Additional services' and "Changes "in 'scope of serVices. .
County's RespoflsibHities
Con~ultanfs Re$flQo$rbUiHes
General Conditions
PAGE OS/29
PAGE
3
4
5
5
5
6
9
9
10
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AGREEMENT
This is an Agreement between Escambia County. a political subdivision of the StaiB of
Florida, by and through lis Board of County Commissioners, its successors and assigns. with its
administrative offices locatad at 223 South Palafox Street, Pensacola, Florida 32597~1S90.
(hereinafter referred to as "County,") and R.W, Beck, Inc., a for.profit corporation, authorized to
do bUsiness in the State of Florida, its successors and assigns, whose faderalldentiflcation
number Is 91-0883905, and whose business address Is 600 North Magnolia Avenue, Suite 300,
Orlando, FL 32803.3274 (hereinafter referred to as "ConsultantV)..
WITNESSETH:
NOW; THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, the County and the Consultant agree as follows:
ARTICLE 1
DEFlNITlO~S AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provlslons which follow, the definitions and Identifications set forth below are assumed to be true
and correc!, and are therefore agreed upon by the parties.
1.1 BOARD OF COUNTY COMMtSSIQNERS:
.~ - - - .- -- ------ -- ,.--. "ff1(.r.'SOatir of''CoontY "CommisSiorierS:fs~.ffie'-1foveriirnrr Boay" 5f""E"sciiinbla"Count)/ ~ . -
Florida.
1.2 CONSUlTANT~
R.W. Beck, Inc., is the Consultant selected to perform professional servlces pursuant to
this Agreement.
1.3 CONTRACT ADMINISTRATOR;
Whenever the term Contract Administrator is used herein, It Is Intended to mean Bob!
McLaUghlin. ASsistant County Administrator. In the administration of this Agreem6n~ as
contrasted with matters of policy, atl parties may rely upon Instructions or determinations made
by the Contract Administrator.
1.4 COUNT'(;
Escambla County, Florida is a body corporate and politic and a political subdivisIon of
the State of Florida.
1.5 NOTIC~ TO PR.OCEED:
The Notice 10 Proceed Is the written authorization as defined in Section 1.10 issued by
the County or the Contract Administrator to commence the project. . '.
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.'
1 J) PRO~FCT:
Tne project is the task. as defined In SecUon 1.10, assigned to the Consultant pursuant
to this Agreement.
1.7 PROJEGT MANAGER
The projGct manager shall mean the staff person within the County who is assigned by
the Contrad. Administrator to oversee the task order work, . ~
1.8 ;?COPE Of SERVICES:
The intent of this Agreemeni is to make available certain design, engioeerlng, surveying,
and inspection services for Escambla County as requested and as outlined herein.
1 (:\ c;r.()P~ ()/= WOr:iI<'
The scope of wort<. Is the specific informatlon relating to those certain services provided
to the Consultant on an Individual project task order Including, but not limited to: project
de$erlptlon with boundaries. intent of project. antlctpated sSfVlces required, and expected
deliverables.
1.10 I8.S.KQf'1.QEK
lh~,* tasl-o~der lsa- {()f~rll':;! wrltten -d5sig-n'l1en( dwork, bas-ect upm10eg\~ti3tion,-wh12n-is-
issuPd to th~Consultant pursuant to tt!i:-: Agreement
ARTICLE Z
PR:EAMBLE
10 order to establish the ba.ckground, context and frame of reference for thIs Agreement
and to generally express the objectives and Intentions of lhe respective parties herein. the
following statements, representations. and eXplanations shatl be accepted as predicates for the
undertakings andeommltments included within the provisions which follow and that may be
relied upon by the partfas as essential elements of the mutual considerations upon which this
Agreement IS bas&d.
2.1 Negollations pertaining to hourly rates for professional services to be performed by the
Consuttant were undertaken b&tween the Consultant and a committee selected by the Board of
County Commissioners, and this Agfeement Incorporates the results of such negotiations.
2.2 The Board of County Commissioners has met the requirements of Section 287,055,
Horjda Statutes, as amended, the Consultants' Competitive Negotiation Act. and has selected
R,W. Beck. Inc., to perform such services hereunder.
2.3 Escambia County will budget fuods for each task order issued under the Agreement.
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~RT'S;;LE 3
SCOPE OF seRVICES
3.1 The Consultant wilt provide Professional SelVices as Governed by Florida Statute
267.055 as hereinafter descnbed in this Article :3 for tasks outlined in Escambla County's RLI
SpecifICation 1\10, P.o. 02~03.79. In the event of a conflict be~Qn tho torms of the RLI and this
Agreement, the terms of this Agr&ement shall prevail.
3.2 The basic professional services to be provided are as set forth In Exhibit "A," attached
herato and incorporated by reference herein. and, 'unless othetwise specifically excluded from
any particular task order, lhese services shall comport with County guidellnes for construction
and retrofltung of projects, and local ordinances, State, and Feoorallaws and regulations.
~RTtCU: 4
ORDERING OF TttJ:: WORK
4.1 The Consultant 13 one of several firms selected to perform professional services on
same or similar tenns pursuant to thls Agreement The County expressly re$erves the $xcluslve
right to assign specl1le !.ask orders to the firm it deems best suited for the type of work to be
acoompllshed. This Agreement does not guarantee any amount Of type of task orders to be
assigned to the Consultant
4.2 The scope of work, provlded by the County, wUI constitute the baSIS for negotiation of
_ _ _ _ __ __ _ _ _a_aEtlJ~~.E!.~J~.._ Wh~,.n_ ~.9..ueste_<t ~t.!~! ~9J'J1Jl,Jb..!-<29D!iuf~nlwltl QtQ0g~ Jt Q[O..QQ.s.al tQJbe _ . _ __
. . County to perform the services requested under lhls scope of worK. The County and the
Consultant will enter negotiations to determin6 a fall' and reasonable number of hours, by
discipline. for such requested sertices pursuant to Sectlon 3.2.
'.4,3 In the event a mutually agreeable number of hours Is reached, the County will issue a
task order which describes the services to be provided by the Consultant 9!'ld the amount of
compensation to be provided by the County. In the event a mutually agreeable number of hours
c.annot be reached, the Consultant will be requested to provide a best and flnat offer to the
County. If thlG best and final offer Is not acceptable to tlw County, negotlatlons wlil cease with
the Consultant. and the County wilt open negotiations for the same scope of wort< with another
firm. .
ARTICLE ~
IIM~ fOR PERFORMANcg
5.1 As a part of its task order proposal. the Consultant shall submit to the County a schedule
for compteli\>n of the scope of work. Pursuant to Article 4 above, this schedule is a nagotiable
item during task order negotlations.
5.2 Prior to beginning the performance of any basic professional servlces under this
Agreement, the Consultant must receive a written Notice to Proceed from the County. For
those taSk orders where a mutual agreement of a fair and reasonable price has been reached, a
copy of the fully executed task order will serve as the Consultant's written approval to begin the
performance of lhe Consultant's services. Prior to granting approval for the Consultant to
proceed to a subsequent phase of a task order, lhe Contract Administrator may a1 his Of her
sole discretion require 1he Consultant to submIt such docun'k'li"lts and drawIngs as may be
reasonably neceSS8l)' fOt review and approval by the County.
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ARTICLE 6,
Q9MPENSAT10N AND M~HOO OF pAYMENT
6,1 COMPENSATION;
(a) The County agrees to pay the Consultant as compensation for its services under
Section 3.1 of this Agreement a fee 10 be computed as described below and based upon
the schedule set forth in Exhibit WAft attached hereto and macta a part hereof. Individual
task orders submitted to the Consultant will be paid through a budg.,t line item
recommended by the department issuing the Task Ordet and approved by the Board of
County Commissioners. For each such task order, the consultant will be compensated
by a lump sum fee as negotiated, unlessotherwlse mutually agreed to by the parties
hereto.
(b) The term "salary costs" as used herein shall mean the hourly rata as shown 0"
Exhibit "A" attached hereto and made a part hereof, including but not limited to,
principals, engineers, surveyors, draftsmen, clerks. plus costs for sick leave, vacation,
unemployment. exotse aM payroll taxes. contributions for social security, employment
compensation Insurance, retirement benefits, and medical and insuranCe benefits. Said
salary costs shafl be only for time directly chargeable to' a task order under this
Agreement, A detailed breakdown for these costs shall be kept current and readify
accessible to the County.
. '-62~- "ANNiJALAPPRCipRlATION:-o- -.-" ...-. - -." .-. u._ n._'_ ....... .. '-. ,'.n _H." __...___ _no
Pursuant to the requirements of Flork1a law and Artlde II of Chapter 46, Escembia
County Code of Ordinances, the County's performance and obligation to fund this
Agreement shall be contingent upon an annual appropriation by the Escambla County
Board ot County Commissioners.
6.3 DIREGT EXPENSES;
(a) Direct expenses directly attrlbutable to a task order will be bome by the
Consultant and will inclUde, but not be limited to, the following:
1, Transportation expenses In connection with any task order.
2, Living eXpenses in connection wilh travel Inside and outside of Escambla
County and other relaled expenses.
3< Long distance communications and other miscellaneous communications
expenses.
4. Cost of printing drawings and specJ1lcatlons which are required by or of
the Consultant to deliver services set forth in this Agreement
5. Cost of any software or hardware used or developed for any task order.
6
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(b\ Direct expenses to be bome by the Consultant shall not include project permit
ie~s or compens"ation owed to subcontractors engaged according to SecUon 10.5 of this
Agreement
6-4 ME!HOQ OF BILLING AND PAYMENT;
(a) The Consultant shall submit monthly estimates (payment requisitions) for the
amount and value of the w~ accomplished and sel"Vices pel10rmed by the Consultant
which meet standards of quality established under this Agreement. The esllmates shall
be prepared by the Consultant and shall be accompanIed by any supporting data
required by the County. Where the monthly estimate includes work done by a
subcontractor, the Consultant shall attach eOpie$ of that subcontractor's invoice for such
work. The Ccnsultant agrees nO' mal1<.up tor overhead and profit on subcontractQf$
Invokes shall be allowed on any project tasl< ord&r.
(b) For Iomp sum contracts, the Consuttant may submit bills at the eomp16tion and
approval of each phase or for partial completion of each phase on a pro-rata basis.
However. requests for payment shall not be made more frequentfy than once a month.
(c) Upon approval of tha estimate by the County, payment upon properly executed
payment requisitions shall 00 made to the Consultant within thIrty (30) days.
(d) Payments under this Agreement and inlerest on any late payments shan be
.. M_-9Q.'{em.~ J?y.th~_ fIoJltia.. .J~.r!?rn.P..L p.?~nt ~9!.. ~~ctlon ~1~?.9L.flort~ 2talutes-,_?!!i_.___ ._._ _
amended.
6.5 Payment requisitions will be sent to:
To Be Determined Per Task Order
No([ces wiN be sent to:
County Adrr>>nistrator
Escambla County AdmInistrator
223 Palafox Street
Pehsaccla, Florida 32597 ~ 1590
(850) 595-4900
(850) 595-4908
6.6 Paymenls and notices will be made to the Consultant at
Chuck Mclendon. Senior Director
R W, Beck, In<;.
800 North Magnolia Avenue, SuIte 300
Orlando, FL 32803-3274
(a) Any notice required hereunder or desired by the party giving such notice shall be
given in writing and deltvered by hand or through the instrumentalily of certified mail of
the United Slales Postal SelVlca or other private courier service, such as Federal
Express.
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(b) Unless o\hefWlse noUfied In writing of a new address, . notices, payments, and
invoices shall be made to each party at the llsted addresses. Rejection. or other rofusal
by the addressee to accept, or the inablllty of the courier service. or the United States
Postal Service to deliver because of a changed address of which no notice was given,
shaN be deemed to be receipt of the notice sent Any party shall have the right, from
time to time, to change the address to which notices shall be sent by giving the othef
party at least ten (10) days prior notice of the address change.
ARTICLE 7
ADDITIONAL SERVICES AND .
CHANGES IN SCqPE OF SERVICE~
7,1 The County or the Consullant may request changes that WOUld Increase, decrease. or
otherwise modify the Scope of Services provided under this Agreement Such changes must be
In aceordancEt with the pfocurement policies of Escambla County and must be contained In a
written amendment. exeeuted by the partles thereto. wl1h the same fonnality and of equ~ dignity
plior 10 any deviation from the tarms of this Agreement. including the Initiation of any extra work.
7.2 The County or the Conswtant may request changes that would increase, decrease, or
otherwise modify the Scope of Wort. of individual project task orders. Such changes must be
negotiated and mutuafty agreed upon by boUl parties. This mutual agreement will be formalized
by a wrltteo change order to the task order issued by the County to the Consultant.
_ _.______ ___ __ ___ ________ _ __.________ _,_ ARTICLE 8 _ _H_____ _.. _ _ _ .._...._.._.__. _._. ._..__ _.._.__._ _ ____..
-- . COUNTY'S R,ESPON~IBILlTle~
8_1 The County shalt assist the Consultant by placing at its disposal all available information
pertinent to the project including previous reports and any other data relative to design or
construction of the pl'ojec.t. .
8.2 The County shall make available to the Consultant. as required fOf performance of the
Consultant's basic services, data prepared by or services of others, Including without limitation
(as may be appropriate) core borings, problngs. and subsurface exploraUons, hydraulic surveys,
laboratory tests and inspections of samples, material!! and equipment; appropriate profG$$lonal
Interpretations of all of the foregoIng; erwlronmental asseS-sment and Impact statements;
property boundary, easement, rights-of-way, topographic and utlfity surveys; property
~criptions; zoning, deed and other land use reslrictlon; and other special dala of
consultations.
8.3 The County shall arrange for access to and make all provisions for th& COnsultant to
enter upon public and private property as required for the Consultant 10 perform its services.
8.4 , Tba.County shaH examine, within a reasonable time so as not to delay the services of
the Consultant. all studIes, reports, sketches. drawings, SpeclflcatiOfls, proposals and other
documents prs$ented by the Consultant, obtain advice of an attorney, insurance counselor and
other consultants. as the County d~ems appropriate, for sucn examinaUon and the rendering ot
written opiniOns or decIsions pertaining thereto,
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PAGE 12129
8.5 The County wliJ assist In obtaining approvals and permits from all govQrnrnental
authorities having jurisdIction over the project and such approvals and consenis from others as
may be necessary for completion of the task order by the Consultant
8.6 The County shall give prompt wrillen notice to the Consultant whenever the County
obs~rvas or otherwise becomes aware of any developm~nt that affects the scope of tlrrdng of
the Consoltant's seNites, or any defect In the work ot the Consultant
8.7 The County will periorm an evaluatkln of the selVlces provided by the Consultant at the
completion of war!< of ~ach task order. This evaluation win consider the timeliness as wan as
the quality of serviqes provided during that task order for the purpose of determining whether
additional task orders will be aw-arded to the Consultant by the County.
J\13'f1C\.E 9
CONSUb T ANT'S ~ESPONSIBIUTIES
9.1 QVAI.JTY QF se;:lWICes:
(a) The Consultant shall be responsible for the professional quality, technk:aJ
accuracy. &n4 the coon;iinatlon of all designs; drawings, specifications. and other
services furnIShed pursuant to this Agreement.
(b) To that end, the Consultant shall correct or shalt revise, without additional
_ ___~~llsaqQn.JLtUJi!1:fQ!}. ~eficlenclQ.$; !n ~ w.Qrls..PLq~..QfJilli.!LlJ)ilke )"m;tu:~~mQruL.__.___..
as are necessary as the result of the failure of the CoI"Isultant to provide an QCCtlrate,
more efficient, and property construdable product In Its deSigns, drawlhgs,
specificatIons, or other services;
(c) Neitner the County's review of. approval of, or a.cceptance of, nOf payment for,
the services required by this Agreement shall be construed to operata as a waiver of any
rights or of any cause of action arising out of the performance of this Agreement.
Additionally, the Consultant shall be and remain liable to the County In accordance with
apptieable law for all damages to the County caused by the Consultant's negligent
perfoonance of any of the services, furnished under this Agreement
(d) Th$ fights and remedies of the County .provided for under this Agreement are In
addition to \'lny other lights and ...medles otherw~e pro\ltded by law.
9.2 CQNSULTANT PROFESSIONAL REOrSTRATION AND CERTIFICATION:
(a) The design services provided to the County by the Consultant shall be eertifled
by professional engineers registered to practIce and in good standing in the Stata of
Florida. Any project Inspection sePlices al$o shall be reviewed and shall be approved by
such professional engineers.
(b) The survey services provided 10 the County by the Consultant shall ~ certified
by professional land surveyors registered to practice and in good slandln9 in the State of
Florlda.
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(c) Permit applications to State and Federal agencies prepared by the Consultant
shall be signed and shall be. sealed by the Consultant. as the project's Engineer of
Record. For all such permit appllcations, post"constructlon certification also shall be
made by the Consultant to the approprIate State or Federal permitting agency.
ARTICLE 10
~ENeRAl CONDITIONS
10.1 OWtjJ:8SHIP OF D9CVMENTS
(a) Drawings, speclfjcatioos, designs, models. photographs, reports, surveys,
calcWaUons, and olher data provided in conneclion with this Agreement are and shall
remain tho property Of Uw County wh.,Uler the project for which they are made Is
executed or not. Such finished or unfinished documents, data, calculations, atudles,
surveys, specifications, drawings. maps, models. photographs and reports prepared by
the COnsultant shall be delivered by the Consultant to the County at the conclusion of
the project or the termination of the Consultant's services.
(b) When such documents are provided to other parUas, the Consultant shalt ensure
return of the County's property by collecting a deposit equal to the cost of reproduction.
Such deposit shall be returned if the documents are timely returned tn a useable
condition. Otherwise. such deposit shall be retained by the Consultant.
_ __ ___ __ ____102-__ ~USPENSION QR TERM!NA "(IQ~ OF WQ~ ._ _ ___ _ ___"__ __ _ .__ _ __._____ __ _ _,
(a) The County, in writIng. may order the Consultant to suspend. delay, or interrupt
alf or any part of the WOfk of a task order for the pertod of time that the County
determines to be appropriate for the convenience of the County. The Consultant
expressly acknowledges: and agrees that it shall receive 110 damages for delays. The
COnsul1ant's sole remedy, If any, against the County wlll be the right to se0k an
extension to the contract lime as provided for the completion of the project.
(b) This Agreement may bG t$l'minaled by either pltfty for cause, or by the County for
convenience. upon fourteen (14) days written notice by the termlna11ng p~rty to the other
party of such te!lTlinatioo in which event the Consultant shall be paid Its compensation
for servlces perfonned to termination dala. indudlng all reimbursable expenses then due
or Incurred to the data of termination.
(e) Termination of the Consultant for cause shal Include. but not be limited to,
misuse of funds, fraUd, lack of compliance with applicable rules, laws, regulations, and
ordinahces, and failure to perform In a tilMly mann6( any proviSion at thIs Agreement.
(d) In no event shall a termlnallon for convenience by the-Gounty be deemed a
default, Bnd any such tarminallon shall nol subject the County to any penalty or other
claim for dama.ges, If the Con-sultant abandons this Agreement or causes it to be
termlnated, the Consultant shall indemnify the County against any loss pertaining to thIs
termination up to a maximum of 1.3 times the full contracted fee amount of lhe. project
(e) Vendor suspensIon or debarment proceedings brought by the COunty pursuan1 to
Article II of Chapter 46, Esca.mbia County Code of Ordinances, shatl be groundS for
immediate terminaUon of this Agreement.
10
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PAGE 14129
10,3 REC;OEOS:
(8) The Consultant shall keep such records and aCCOunts and shall require any
subcontractors to keep records and accounts as may be necessary In order to record
complete and COfTect entries as to personnel hours charged to this engage~nt and any
expgnses for wt\icn the Com:ultant expects to be reimbursed_ Such books and records
will be available at all reasonable Urnes for ex.amlnation and audit by the County, and
shan be kept for a perloO of three (3) years after the completion of all work to be
performed pursuant to this Agreement. Incomplele or incorrect entries in such books
and records wit be grounds for disalmance by the County of any fees or expel"lSas
based upon such entries_ .
(b) The Consultant acknOwledges that this Agreement and any related financJal
records, audits, raports, plans, correspondence, and other documents may be sUbJect to
dIsclosure to members of the public pursuant to Chapter 119, Florida Statutes, as
amended. In the event the Consultant falls 10 abide by the provisions of Chapter 119,
FIol1da Statutes, the County may, without prejudk:e to any right or remedy' and 'after
ghflng the Consultant and Its surety, If any, seven (7) days written notice, durit19 which
fXM"iod th& Conwltant still fats to allOW access to such' dOCUf1'\Elnts. terminate the
employment of the Consultant. In such case, the Consultant shall not be entitled to
receive any further payment. Reasonable terminal expenses Incurred by the County
may be deducted from any payments left owlng the Consultant (excluding monies owed
_____ _ ______-!haCons.ultant for $llbcon!l:adac.wtJO<) _ _ _______ __ _ __ ____ ____u_ _ __.____.,__ u_
10.4 NO CONTINGENT FEES:
The Consultant warrants that it has not employed or retained any company or person,
other than a bona fide' employee working solely for the Consultant to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
Individual or firm, other than a bona fide employee working solely for the Consultant any fee,
commission, percentage, gift, or ofl1er conslderatlon contingent lJpon or resulting from the award
or making of this Agreement For the breach or violation of this provision, the County shalt have
!he right to terminate the Agreemerit without liability and at its disaetion, to deduct from the
contract. price. or otherwise recover, tho futl amount of such fee. QJmmlssion, percentage, gift or
consideration.
10.5 :?UB~NlMCTQ~
. In the event the Consultant, durlng the course of the work under thrs Agreement,
requires the services of any subcontractors or other professional associates in connection with
services covered by this Agreement, the Gonsultant must secure the prior written approval of
the Count~ss such work is speciflCafty detailed in Ole task order.
10,6 ASSIGNMENT:
this AgreemQnt. or any Interest herein, shall not be assigned, transferred or otherwise
encumbered. under any circumstances, by the Consultant without the prior written consent of
the County. However, fhe Agreement shaft run with the Escambla County Government and Its
successors.
11
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PAGE 15129
10.7 HOLD HARMLESS ANp INDE;M~IFICATION OF CqUNTY
(a) HOLD HARMLESS: The Consultant agrees to hold harmless, indemnify. and
defend the county and Its agents, offICers. and employees from any and aU claims, sUits,
ac:tJom., damages, liabHlties, expenditures, or causes of action of any kind, losses,
penaltieS, interest, demands, judgments, and costs of suit, Including attorneys' fees and
paralegals' fees, fOf any expense, damage, or liability incurred by any of them, whether
for bodily or personallnjUfY, death, property ljamage, dIrect Of consequeniiai damages.
or economic loss, including environmental impalrmenl, arising directly or indirectly, on
account of or in connection with the Consultant's negligent performance of this
Agreement or by any person, firm, or corporation to whom any portion of the
performance of Ihls Agreement is suboontracted to or 1Jsed by the Consultant. or by any
other person for whom the Consultant Is legalty liable,
.v".,c__~._".,.....~..........--.
\D~ INUt':MNII"'I\-Jo\IIVN; loe \.,.Of\SUlwm tinu me \.;Qumy aijl~t:l LlllSl pUI~Udlll ....
SectiOn 725,06, Florida Statutes, as emended. the first one hundred ($100) of this
Agreement'$ compensation paid by the COunty to the CQnsultant shall be given as
separate conslderaUon for this Indemnification, and any otlier indemnification of the
County by the Consultant provided for within this contract document. the sufficiency af
!lUCh separate consideration being acknowledged by the Consu"ant's acceptance Bnd
eXGC\ltlon of the Agreement The parties understand and agree that such
indemnificatlon by the Consultant ralaling to any matter which 13 the subject Of this
A9reement shall extend throughout the term of. this Agreement and any statutes of
liJnltatW\'S lliel'J'afteI:...Jhe..-CnnsultanCs,obllgatkln-ShatLooLbe.Jimil.edbv:..-o.r-iu...any..way....-- --- - --
10, any insurance coverage or by any provision in or exclusion or omission from any
polley of insuranee. The Con~ultant agrees to pay on behalf of Escambla County, as well
as provide a legal defense for the County, both of whIch will be done only If 8f1d when
requested by the County, for all Claims as desctibed in the Hold Harmless paragraph.
Such payment on the behalf of the County shall be tn additiOn to any and a" other legal
remedies available to the County and shall not be considered to be the County's
exdusive remedy.
10.8
INSU~CE:
The Consultant Is required to carty the fotlowing Insurance:
(a) Commercial General Uability with $1,000,000 minimum per occurrence, including.
coverage parts of bodily inJury, property damage, broad form property damago,personal
:_h I.....~ t,'''.-'"'"........'''''................. """J"'\n'~....A......... ki........L.oIl"o" .........._1~.....~1_1 J~~....tu.u ""_,. ~_.A.,""" n"""......_I-~_..._
>.'~_..,,~>>~...."""t:'"~~~"""":~.~. -_..~.__.~.-, _._.~...-w-~ ....._~,~.......-........... ..-.....'"-.,iI~ ---.... --'.'r ~--- -r~ 'r-.....,-Yc
(b) Automobife Uab!llty with $1,000,000 per occurrence minimum combined stngle
b.-"ik f,\< OIl, hkArl. I'1lA'f\t'rl, :,>"d fv,n_(,\\'vl'lt>ri v,.,hrl;",
,~,~".~",'M
(0) Professlonat Uabmty with $1,000,000 per occurrence minimum limit
(d) Florida statutory workers' compensation and employers' liability with employer's
liabilitv limit!> rn at lAa!l;1 $100 000 ~acll ar.:clrlRr'I' :loel S100_000 ea....h el'T\l'Jlnvf!p./SfiflO.OM
policy limit for disease,
(e) It is understood and agr~ed by the parties that in the evenl that the Consultant,
as defined In Sectlon , 2, consists of a joint venture, partnershlp, or other association of
12
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PAGE 16/2'3
professional or business firms, each such firm shall be requ~red to indIvidually carry the
above dted coverages. .
(f) Aft llaOllllY coverage snau 08 mrougn earners aamm6<1.lO 00 Dusmess Irlll1e ~ta(e
of Florida. Carriers shan be a mInimum financial size of VIII according to the latest
edition of the AM aMt Rating Guide. An A or better Best Rating 1$ "proferred"; however,
other ratings If "Secure Best Ratings" may be considered, Uabltity policies shall b$
underwrltten on the occurrence basis, except the professional and environmental
impairment coverage may be provided on a claims made basis. Escambla COunty and
the Board of County Commissioners shall be kadditlonal insureds" on allliabillty policies
(except Pfofessionalllablllty). Certificates of Insurance snail be provided to Joe pnlltary,
Purchasing Manager, P,O. Box 1591. Pensacola. Florida 32597-1591 prior to
commencement of work hereunder. Certificates shall reflect the additional Insured
status of Escambla County and shall prcwide for a minimum of thirty (30) days noti<::e of
cancelation. . Escambla County and the Board of County Commissioners also shaR be
the certifICate holdfil.r$.
10.9 Cf.,AfMS AND DISPUTES:
(a) A claim Is a demand Of assertion by one of the parties to this Agreement seeking
an adjustment or interpretatlonaf the terms of the contract doouments, payment of
mOlley, extension of time or other rellaf with respect to the terms of the contract
document$. The term .claim- also includes other disputes and matters In question
bet<<~en ~ ~nd.~the Con&u:lfant .MI.s.lng. out of ..or.....relaUOQ tn..J:ha_contr.acL____~___
documents. The responslbillty to substantiate a claim shall rest with the party making
the claim.
Cbl Claims by the Consultant shall be made in writlna to the Countv with suooortina
data. All claims shall be submitted during the performance term of the Agree"ment or
else tM Consultant IOhall be. deemed to have waived that claim.
(c) The Consuftant shall proceed diligently wlth its performance, as directed by the
County, regardless of any pending claim, legal action, suit. or administratiVe ptoceeding,
unless otherwise agreed to by the County in writing. The County shall continue to make
payments In accordance with the contract documents during the pendency (If such
N:ilm
10.10 BEP~~ENTATIVI; Qf GOUNT'( AND CONSULTANT:
(a) Ills r&Cognlzed that questions In the day-to-day conduct of the project will ansa.
The Contract Admlnlsltator. upon request by the Consultant, shall designate and shafl
advise the Consultant In writing, persons to whom all communications pertaining to the
day-to-.dav conduct of the Droiect shall be addressed. . 'H
(b) The Consultant shall infonn the Contract Administrator In writing of the
representative of the Consultant to whom matters Involving the conduct of the project
shall be addressed,
13
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10.11 ALL PRIOBAGREEMENTS SVP~rn2EDED
(a) This document incorporates and includes an prior negotlatlons, correspondence,
conversations. agreements, Of understandings apPlicable to the matters conlalned
herein and the partles agree \hat there are no commltmants. agreements, or
understandings concerning tho slIbject matter of this Agreement that are not contained
In this document. Accordingly. it is agreed that no deviation from the terms hereof shall
be predicated upon any priQr representations or agreements whether oral Of written.
(b) It is further agreed that no modification, amendment or alteration in the terms or
Conditions contaIned herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
10.12 IRUTH~IN.NEGOTIA TIQN CERTIFICATE:
Signature of this Agreement by the Consultant shall act ilS the execution of a trutMn.
l1egotlatton certfflcate stattng that wage rates and other factUat unit costs supporting the
eompensatlQn of this Agreement are accurate, complete, and current at the time of contracting.
The original contract price and any additIons thereto shall be adjusted to exclude any signIficant
sums by whiCh the County d~termines the contract price was increased due to inac<:urate,
incomplete, or non-()Urrent wage rates and other factual unit costs. All such contract
adjustments shall be made within OM (1) year fonowlng Ihe end of this Agreement.
.___.____1013 HFAOlNGS'
-------... -----~-----.~.._..,--------->---~----,.-.-----,---~_____..,.,_.__ ~~._~._u
Headings and subtitles used throughout' this Agreement are ror the purpose of
convenIence only, and no heading or subtiUa shall modify or be used to Interpret the text of any
section.
10.14 GRATUITIES:
Neither the Consultant nor any of its employees. agents, and representatives shaM offer
or give 10 an officer, offlcial, or emploYf*' Of the County gifts, entertainment. payments. loans, Of
other gratuities. The Con&uttant acknowtGdgea knowted9c of the State of FIoridIl'$ ethics
statutes and to the extent applJcable to the Consultant. the Consulta.nt agrees to abide wi", lOch
statutes.
10.115 CONfLICT OF INJER~SI;
The Consultant hereby certifies lhat it win completely disclose to the County aU facts
bearing upon any possible confljcts, direct or indited, with Its performance which it believes that
any officer. employe9, or agent of thl) Consultam now htl& or will have. SaId disclosure shall be
made by the 60nsuftant contemporaneously with the execution of thIs Agrel:!ment and at any
time lhereafter that such facts become known to the Consultant The Consultant at all times
shall perform Its ol:lltgations uncler this Agreement ins Manner consistent with the best interests
of the County, Failure to abrde by this section shall result in the immOOiate termination of this
Agreement pursuant to Article II of Chapter 46 of the Escambia County Code of Ordinances,
14
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PAGE 18/2'3
10.16 SURVIVAL:
All other provisions which, by their Inharent character, sense, and context are intended
to survive termination of this Agreement, shall SUNivE! the termination of this Agreement
10.17 GQYJ~RNING LAW:
I ntS Agreement snail De gQverneo oy ana construeo In accoroance WlU\ me law:; Of Ultt
State of Florida, and the parties stipulate that venue for any matter which IS a subject of this
Agreement shall bQ in the County of Escambia.
10.16 INTERPRETATIQN:
For the purpose of this Agreement, the ilflgular InclUdes th~ plural and the plvral shall
indude the singular. References to statutes or regulatiQn$ shall include all statutory or
regulatory provisions consolidating, amending, or replacing the statute or regulation referred to.
Words not othe\Wise dofined that have w~IH.l1own technical or Industry meanlngs, are used in
accordance with such recognized meanlngs. ReferancG$ to persons include their respective
permitted successors and assigns and, In the case of govemmental persons, persons
succeeding to their respective functions and capacities.. .
(a) If the Consultant discover$ any material discrepancy, deficiency, ambiguity, error,
or omission in this Agreement. or is otherwls& In doubt as to the meaning of any
"___.d___ --..--.prQ"'l$oo oS the ,ll.greernent" lbe-CoM- !!:tant $halt jmmedi~-ooUfy-lbaCoun.ly....an.d._ ~ __ ____
request clarification of the County's Interpretation of this Agreement
(b) This Agreement shall not be more strlclty construed against either party hereto
by reason of the fact that one party may have drafted or prepared any or au of the terms
and provisions hereof.
10.19 SEYEfY\BlllIY:
The InvaJIdity or flOO.enforceability of any portion or provision of this Agreement shall not
. afftri the vRlkfitv or ~nforcaabllilv of any othar DOrtiOr\ or oroVIAlon. Anv irnr.l.1Irl nr
. unenforceable poi-tJon or provision. shall be" deemed' severed from this Agreement and the
balance hereof shall be construed and enforced. as if this Agreement did not contain such il1Valld
or unenforooabfe portlon or provision.
10.20 CQMPLlANCe. WITH LAWS:
. The Consultant sh&lf keep fully informed regarding and shall fully and timely comply with
all current laws and future laws that may affect those engaged or employed in the performance
of this Agreement. Without limiting the genera1lty of the foregolng. the Consultant shaD observe
aU rules and regulations of federal, state, ana local officials relating to the SUbject matter of this
Agreement.
10,21 PARTICIPATION IN OTHER PROCEEDI"lGS:
At the County's requost, the Consultant shall allow itself to be joined as a party in any
legal proceeding that involves the County regarding the design, construction, or fnstaUatlon of
any matterwhictllslhe subject of this Agreement ihis provision is for the benefit of the County
15
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PAGE 1 '3/29
and nol for the benefit of any other party.
10.22 FURTHER DOCUMENTS;
The parties shall execute anddetiver all documents and perform further actions that may
be reasonably necessary 10 effectuate the provlslons of thiS Agreement.
10.23 NO WAIVER:
The faHure of the Consultant or the County to Insist upon the strict performance of the
terms and conditlons hereof shall not constltute or be construed as a waiver or reUnQulshment of
any other provision or of either party's right to thereafter enforce the same in accordance with
this Agreement.
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement
on the respective dates under each signature: Escambia County. Florida through its Board of
County Commissioners. signing by itseoard Chairman, duly authorized to execute thIs
. Agreement lhrough the exprBSS delegation of authority set forth In ArtIcle II of Chapter 46.
Escambia County Code of Ordinances. and <Company>>, signing by and through its Vice
. President, duly authoritad to executf) sarna.
CONSUL TANT:
___u._______ ---------.~__. _~___ _ _ _ _ _ _ __ _RW-.-8ecj(,..Jnc . a.tot.pr.ofit...cor:p.oratlon..aw1hodz.ed ___ ____
to do bust s in the Stata ot Florida.
orpora~r\ry
t-~
, ry
\ r, .'.. '.
.' ~"r\t)AATESEA J
..' ~~f>,.. .
."- -t (10 ~1'\...\ \ ;
.. ";UJ :; :
; .'. ~ f)::
~_?. <;. ~~ :,~:
-;"'. H()J, .,.' .-'
/ ~""."'1I"~.." ,\\,
J' ~ ~ 'to .
\ ... -
By;
By:
ATTE
ice President
Date; ~~ . 2e, Z.(X) ?
/ -
WITNESS
COUNTY: .
ESCAMBIA COUNTY, FlORIDA. a poln~t
sUbdiVision .. () State of Florida acting by and
through 1 d authorized Board of County
CQmmls 00
,...-
Bee ^,:>proVedOctober 16.2003
16
~ af/l1/26B5 12:16
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PAGE 2GIZ':l
"
"
Exhibit ;. A" .
PO 02-03.79, Professional Services as Governed by Florida Statute 287.055
.ee,
The resulting ';continuing contract" shall provide for issuance ~f individual Task
Orders. based on speclflc scopes of work, Task Orders will be individually
negotiated based on a RFee Schedule" and any addftional negotiated services
required within the scope of work.
"Fee Schedules" for the continuIng contract shall be established based on the
following:
. Maximum Overheaif - 168%
. Maximum Prom - 12%
. Maximum FCCM - 1.50%
o Maximum Multiplier - 301.66% (providing no single item above is
exceeded
. Existing Hourty Rates for each firm (based on an audited or audttable
financial package)
The foflowing document was . provided to each firm. Their aCce{)tanca was the
basis for thE! award by the Board of County Commissioners,
_._a__' ~__'-'-_.-'o ..~~---"''"*'."~''_._-~''. .~~---,""""-"--~'~ ".~,...-,._._->-..... .~.,._--~
<~~-
Exhibit. A' Page 1 of :2
~. 0V11l/21:lt'l5 12: 1 Eo
467&488382
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PAGE 2112'3
..Exhlblt ,jA"
PO 02-03.79. Professional Services as Governed by Florida Statute 287.055
MaximumCootinuing Contract Fee Schedule Acceptance
In order for a "Continuing Contractk to be established between E~cambia Counly,
Florida a fee schedule must be established. Tne Office of Purchasing 01'1 behalf
of Escambla County offers a "Fee Schedules" consisting of:
. Maximum Overhead - 168%
. Maximum Profit - 12%
. Maximum FCCM - 1,50%
o Maximum Multiplier - 301.66% (providing no SIngle item above is
. exceeded
. Existing Hourly Rates for each firm (based on an audited or. auditable
financial package)
Please do n01 ~r9vid, the~e numbJ![s with YOU( tetter of 'nterest:Voyr
jJceep!imce of tf)e ~qgve maximums will slJffloo.
Individual Task Orders will be negotiated with the ~Fee SChedulesk as a .ceiling",
I I Yes, the vFee Schedul~" formula is acceptable.
. ..... r- ... '1'1
--~_._-- -SIgnature -----'.------.,-~---- -- -------- -.-.-.---- ---
Title
{ l No. the "Fee Schedule"fonnula is not acceptable.
Signature
Exhibit"K Page 2 of 2
69/11/zeas 12:1&
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BOAB.D OF COt./NTY COMl\llSSIONEilS
FSCAMBIA COt'NTY, FLO}Ut)A
JQSEi'H F. ~ltUr^lI.Y, Ill, <:!f'Q. (1'l't!
P..r~ MdI<ilgv
OFfiCE OF' PlJ'RClIASlNG
If:{ FI<LAK)Jl; Ji'!.ACl>' ;0"1'104<
P.O. 80); l;;~l
1&1$.\.COlA..A 1~~'1.1-"1
nUnt>Nl!. (!~i S~...*
()1MCOlol) 6n-t~
'r'i.L5MX (tW) ~
!:._~"-~o..Jl."""'~!w>l"iil
TASK ORDEll - Pll 01-03,79,31.8\\';\f.03
Ml.REE~:.wrrH R. w. BECK..lN(,~
t.O AurO:O~Tt~'"
Thb ~sk onlcr i, lnued 11n<!er tM te.rn'II m1i lOO:\di.t:iowI ofCOl1/llet rP Q2.o~. 79ln ~WM.O~ benveen
R.W. BC'Ck., we:, mdE.cambiaCQurtty, FL, rOt n..w. :Bt<l:kto ..Uist tbe C6tmty In developmg ~ont\"llet
mal:1i~ U1d n:pQnma for &:c..xnbia. Count)' HunituM J'I1n debris cleaeup md remo.",1 U TellWd to
di'Ja8ta'deola!lltlQl1 FEMA-! :S51-DR.
Z.O scgJ>It
t.1nd.u thill Tu% Order. t\,'\V. ~k sha11 provld~ ILcl\ disa!tet' llen"i~, Il.I :mown on A~hDltl'It A. Scope
o!WCIl'lC.
3.(1 ~ma.E
Work win bc:giu ~ llutl:u1t'Uatio!l1'rocnu 1le Escarnbia County Department or Solid W.,t~ M1.lllj;ement.
4.0 QJ..~'I!'SAnON
n~l Tuk (}gkr is bs..~4 ~l "c;.};"thn~l: witl:l^~entB, How1y BlIUng ltIte...
~$l:?
~Jf .
O.,ter
E*,tll'.bia CawMY
ff~:ftr s:,e
Olaries M. Molendon
R..W. Beak, Ine.
.
Dtre
'!-1.4-()r,
'1- 2~- of_
t)Qte
.<...t,.~ '.I.,
~1/11/2e05 12:16
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PAGE 2312'3
ATTACHMENT A
SCOPE OF WORK
RW. Beck shalf provide disaster response serviCes to assist the COIlnky in responding to the aftermath of
Hurricane Ivan.
R WReck sral! perform the fO"Cwing task.;;
A.s,ist the County In the selection of one or more debris cOllectlon/processlng contractors;
2 ProviClC generai program management services with regaros to oebris coiieclion and disposai
aclJvitias within the County:
3. Provtde contract mOliitOl'1ng services in managing the activilies af the County's debris CQnlractor(s);
.t Provide debris collection and disposal site monitoring se.rvicG$ as required by FEMA,
5. Provide for data entry and management of oollection and disposal tickets,
6. Provide the County wilh. dally operattng statistics (cubic yardage collected. asset InventOty, etc.);
7 Review and approve contractor invoices submitted to the County; and
8. Assist in preparing required data and forms required for FEMA. reimbursement
aJ/ll/2ees 12:16
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PAGE 24/2'3
.\.
. .
ATTACHMENT B
nOuaL Y DILLING RATES AND CHARGES
The table below provides hourly billing rates for employees of R, W. Beck fO( the iabor categories to be utilized for (hi"
assignment.
Rak
1160
$150
$120
$8&
$SO
$95
$8~
$75
$50
$48
er
visor
Clw'ges for all itlff from 6ubconsultaDts, subcontractors, and indtpendent conlnl.ctOn: hired by R. W. Beck for any of dlt-
labor catetOries liSted aoove shall be billed at actual COllt plus an bourl)' adUlinistrative fee as follows;
Other Staff Houcb AdmIo..FH
Aerotek Staff $30
.Independent CQtlI'tllCtor suff $30
Hatch Mt.ll( MacDonald staff SS
Bra..,. Tbomlon PllC.nr.a. &b1ff $5
Baskerville DQoovan ,taff $5
All olhct staff $5
. Services perl"onned by R. W. Bed:. win be perlonned On a time and matcrle.ls bMls. County shall compeJliate R. W: Beck
for the labor categories shown above at the bUI.ing rates and fees provi~ed in the tables above plus direct corn associated
with travej expenses, administrative expenses, project supplies, etc. Payments sball be net 30. bUled On a monthly basis
based On hourly billing rates plus direct proj!:ct. expenses. R. W. Beck will provide the county with an estimak; of project
cost to d* on a y,oeeUy,basis. The oompen~ation and p:tymetrt pt9Yisio~ of this Attachtllllu;t:B take nrec"'.w.n.....""- .kh
I'I1'nviS'ions of Conlnet PD_01_m'70
~ 'ros~_ ~_---=-.t~5jliffn D~I\IR~;;qbrnti!S_-=------==-_,~
p,dndPal inChll"ge ~r().a.s,~h k ,,,, ,",,~l "_~l m'Mi<'~" ,-~.,~ 'noo,. m'm om.. ""m ""', f~~l1 :~, J,
P'm.k;:l MaJjag,er O"cnu,s ci<lyto-d~J pfttjOCt operatioll5. Ensures ~qUU"ed rc:s()U(ce~ are in plllce I.Q me<:( nteds of I
,~___. Ci '. Interacts will] Q!y'.S debm col~"J~d diopo€,u (:OnU'J.G!or t(, ~ur~ c;fjj~!,el~~n
j f'ME.A Rdmburs.emi':Jlt f ResoW'Ce fo (,,ity s!J!ff It) Il.$$fst in gathering Je.quired dIlta, rrep5flll~ rt:iinhurserl'ie:n( forms. de 4
I CHOrd, ,
r~~~:;~::==tl' t:;~:,~~t:'.;;;,;;;;--;;,,~:::;:~~::::g::::;';1ii~,:~~;=~ .
l11onllof5 ue .tHiJ'.Ible and ,;cheduitd.
~, S~,'l)i.O( Ficld,S~P;;V(SN I r"t, e.tp",n:;jbl;r~,), l c, 0" nW,j:,-,~,n'" ,mGD"ik, "'ring P~()~W, :~, c <!:Jt1I~ates (C,l, kccon-;':',\l"itiec.. :-';'.i1h (tin. tr~,t:o"" r
I _ ~" _~_ eP~~h~ {;~OIClS i!l1i~ld..:...En:u:r:~~~~~ ~Jl.~ !~~..:.tc_,_ ...~..,,'
fFldd S~.i2ervl$Cr _.._.isugefVmS ;<Ctl,'l!E::l',of .~o)k':!1o~r:'::.....-____..._..~___ __ .___
L..~tXm! Sill' M'?2.!!ors J En~es tlC~el.l~':':..ompl~(e.J in~ac<:';~rd1fi(e '''''~ l'Er.t~deiJJ1.e.s., .. .. '" '
I C'1)j~;;:!10n Mcwton: ,I ;;:~7~e:::~~~c~vjlc~tkn pmce~~ w facUltate sM~. e(ftC!el)C( C<'H<:<:t.lunln;()I1)Flil~'e wirh- J
Lild::.u,,~~i~rAt5i';~~fC~'f;-C~D~;t,: '--=:=.=. ===-==-=:.--]
Revision 2 - September 30. 2004
64/11/20a5 12:16
467MSS382
RW BECK
PAGE 25/29
FIRST A~ENr.\'1.E.. 1:il~{-rAl11tEEMENT BETWEE~
R. W. BECK, IN!, ANn :lJtA[\{8BJA COUNTY, fLORID....
FOR DEBRIS MANAGEMENT AND DlSASTER RELATED SERVICE~
(P .D. 03-04, IVAN)
.,...
THIS IS THE FIRST AMENDMENT TO THE AGREEMENT entered into Oil thelff- day 0
September 2004. between Escambia CountY, Florida, a political subdivisioo (If the SUIte of Florida, with
administrative offices at 223 South Palafox Plllce. Pensacola, Florida 32502 (hueinaftef referred to as the
"County") and R. W. Beck, a State of Washington corporation authorized to do business in tne State of
Florida, with an office address 1001 Fourth Aven\\e, Suite 2500, Seattle, Washington 98154-1004 and Ii
Federal TlUC. ldentftic3.tion Number of 9l 0883905 (hereioa.t'\:er referred to IS the "Company"), .
)!ITNES$ETll:
WHEltEAS, the County hlU assigned to the State of Florida, Department of Transportation. those
PQrtlons of certain eontrac:ts with Ashbrilt Bnvitonmental, Gulf-Crowder, and DRe, Inc. pertai.uing to the Stat'
lUld federal Roadway Syslem witi1in Escambia County, Florida; and
WRRREAS, R. W. Beck, If\{), now lIgfDeS it will perfoflllllll services relating to said contrllcts in
coop(:ratirm with the Sture of Florida, Department of Transportation.
NOW. THERJ;fORE. in consideration of the mutu:d tCfUl3, conditions, prom!:ses, and covenants
hereinafter Set forth, the Cou(lty and the C~mpany agree to amend the Agreement dated September 20, 2004 '*
"e
follows:
I, That R. W. Beck, Inc., agrel!S mal it shall, perform aU services set forth in the original County Scope 01
Wort in cooperation with the State ofFlori<;ta, Department of Transponation as to all State and fed~aJ
roadways lying within E~bitl County, Florida, in accordance with that Scope of Work and HoUrly BiUing
Rates wbicb are Ilttlli;hed hereto and incorporated by reference herein.
2.~' That the State of Florida Department of Transportation hereby agrees to make payments to R. w. Bed
based upQn that Scope of Work: and liourly B iUing Rates for all State and federal Roadways for debris
removal.
3. . That me panJes hereby agree thaI all other provisions of the Agreement effeclive September 20.200
not in conflict with the provlsions ofthJs Amendment .shall remain in full force and effect.
4. Thllt the efrecdvet: date of this Agreement shill! be on tbe date lastel'ecuted by the Parties
&f/l1/2eas 12;16
4076488382
RW BECK
PAGE 2&/2'3
5. ThaI thi:; Agreement shall be govemed by and construed in accordance with th~ laws of the Stale of
Florida and the Pa.nie:; stipulate venue snail be in Escambia Count)'. Florida relating to any mlltter whicb is the
subject of this Agreement.
IN WITNESS WHEREOF, the Parties here~ have made and executed lhis Agreement on the
respllctive dates under each signature: Escambia Coumy, Florida throug.h its Board of COlmly Commissioners,
signing by its County Administrator, duly authorized to execute this Agreement, and R. W. Beck, Inc. signing
by and through its President, duly authorized to execute ~me.
COUNTY:
Escambia County. Florida. a political subdivision
Of the State of Florida acting by and through its
duly author! oard of County Commissioners.
Oy:
By' -~U -
", ,t!' ; ~. 'i
,/f~
Date: .
COMPANY:
R. W, Book, lnc., a Stilte of Washington
corporation authQrized to dlJ business in the State
of Florida.
By: oe. h Yc ~.
~'Ht
.?....,...., ~ .... \
AntS ... - r ~
~ ... ~'t' '
, SEAL
\ /
~ ~
Date: 1- ~ ct~ of
By:
~~1t~)'~--
~..:::~. ~\cu ~"",2N~~,i:>'o>)"cu'~'_~
Witness
nEPi\RTMENT:
Slate of Hor,d2\" fkpuftment Dr Tr'tr,:ip,,('!;;ti"ln. AI'!
ag<:~j'1CY oJ the ~\off'!or;da.
A ~) .
1 '<;,/ J
By: '.', . ..
// 4~;i~~;;,y-
t/ "~-~
By:
,. &1'/11/2665 12: t& 4076488382
.,,,-- --., -,. .--.-
"~R-,O-2DQn(MO") OG~36
RW BEO<
PAGE 2712'3
I'.OOi!:1004
SECOND AMSrmM.ENTTO AGtUmMENT B~
JL W. nE~ INC. AN.'O ESCAMBIA COfJNT'l. nOltlD",:
'F'OR DSRIUS MANACEMENT Al'fl) DlS.I\$YItlt. R.JlLA TEn SERVICES
cP.l),. 03-Q4, IVAN}
TiUS IS "!'BE SSCOl'4O .u.ntl'mMl!N'l' '1'0 TIm AG~ enured iDlO ()fl tho ~4* 4Ay or
Scplat\b<:t 10Q4. ~eFl 2aCAlDblD. l.;Ounty. t"lOfiGa. . poIUl4:U $IUIOI"YIS\QQ ot me ~1lHr: 01 I"IOIUHI. Wlm
adminlilnltiVG oMcM':lt m South h1;l!ow. Place, Penllmola. f\oridlt 32597.1.591 (tunainll:ftl:r rcfe.l't'ad 10 u the
"Cou!lef1lUld R:W. Beelt. II St:lUl ofW3h1ngton ctIl"Jll"l'llU<m ll.Uthori= tll do bwlincq in w. $Ultufrlorllhl. with
llD offi~ Gdcnlls of 1001 Foutth AllenlJ!:, Suh/:' 1:iOO, Se:ltde. Wa.~ll1p:tn 981:S4-1004 and G Fcdcml TllX
fdd\tificalioll Number lIr 910.$83905 {herciMftcr r=fcut4 to iii the "Compllny"}.
Wl'l'N'F'..8RTB:
V\l'UeMAS.lhc ~c;11l slsPcd by th(i CoIllrtY 1WI &. W. tkct. foe.. provided lM.tcllMt ~ to
be 1.Ionl& by 111* CoNlldral1t ~1l1Ot include proJc::ct pcnnJr!us Gt ~l'l owed to &U~ ."
'W'B:IEJ!UtAs. tba Count)' h:I~ now Cet'C1m11'\ed tIlIIt due to the JlQtUte of !he WIft lUlcl tht busll flf I~
IIgn!UQCI1lI wltlt r.Icbrta eollectiOll emllnletOt$Ashbritt inYitt\l'l.DlCl'lUl.l. Ctowder.O\lltlmd DRe. IIlc:. dlllt if would
bo illlbc best JJ:ltI:l:eSt of the hstdl. fII/l:ty.llnd wetfate of tlIc CClllnty Ie l:IICabli.ab lIll admInt.11l'l1dVC fee llChcdl,de rOf
tnIfII~. M:Iton!ClC:tOl'S. and other pl,\1'scnne1 utlli=d b)' R.W. Beck. Inc. In the:: pcrfo~ftCe of jel con.'wlt/lnl
KtVI<:I$ 10 dll) Cwncy.
~S. rt W. !llclt. tne. ~grcu IQ l\IIid tu .ch=clll~ 4Jld affimllI!t .hilU cend "U~ to pctfurm oU
conJlIllllnt u.vicl$ rr:$IUlnIlWtiUCt\ debris l:01IOClicn COl'Itt';lctOl'eanlt;2tlS lUl:1!Optratlolllfolitb th~ Statl:i of RotIdll.
Dep;mment r:4 TtllII$pomlI:Illn lmd lh= CountY.
NOW, 1'Kli1U:lOU in eo"ildo~don of the muWAllll:m1S.. condltl.ou, pmmi#:s. IltId CO'I~l:S
berelnlt'lusct t'Qdh. till COIIlUY;me! the Complll'ly lUte lD nnad SmIan 6.3 ..~~. ~Ibo A.gt=molll
~ted Sepccmbcr lO. 2004 11& fDUcW$:
t. 'I'ldlL W.~1aIc..agm:s tlwr It mll pCf"_ub,,~ SCtfoftft intboorig,fnatSUlpc:otWorkln
~ wlt:h Ihc ~tt:: of1'lcrkb. Dc~ oFTl1!l'l$pmtl:ltfon IIftd the Coonly ""-=1;10 011 S_ and Fwdtr.d
Roudwnysf1!ng within l!s<<m1:tl1l County.Plori44,llI1d SccdoIl6Jeb) oftbe Agretl'M1lt if: be.reby teIIistd~fel1ec,
Itll Hourly JIUlll$ b_lllld Otcrpl Scll~ whi!;b iJ lIltilc:hc4 hlll':CO ~ by ~ hlfelll QG
lhhibit "B" te ~ ~tl I'ol' if.S emplo,ees. subcoIlueetonl. ll11d other p.l:fttlllnd lIt11imA ;y It 111 lhc
pl:lf'omumcc or llucb 1Cl'\'~,
1-
~?ljl/~~e~~w~lU.\~ ...... ..4,,07&488382
RW SEa<
PAGE '28!2':l
P 003/004
l. That !be ~ h1:<tl:lby :lr;tu lhot all othc:r [lnlvlslona of the A~Ift_nt ,JfCll:tl"~ Scptambtt 20. 2004 not
In conn!et wi1h d>> ptClvlslDflfi of lhi. So:con4 A.mc!'Id~t ,haJI mnatn il'l full fa=: linG cU'cct.
3.
Thl1t Lb= c;ffil:ll,bve dill!:: of tilll ~ment shltl be Oft me doItc IllSt i:1I~"'" by me, Part!.....
4. "I.'luI: lhtlil AJP'CClnI:IIt shalJ be tlQ"'Ofl'ICd by and tOllSlNr:a Ill. ACCOn:lu."CC wflb th1s law, of the Sb1Je C>t
'FloridA tiM the MiW ,tipullltc vtnll4 r;ba!l.,. in &e".m,hin Ccrt.lnLY. f'!qrfdll 'l'dllting fa IIny tIUlUCI' whit:h il !he
1IUbj~ofdUs A~
unvrl'NESSW'l{!REOF,1hc Puttit$ hcn:taIlI1VIHIw.dundCJUlCU~d !hi, A~I)D tbc~
~ IIndor mob a1g:nwrt: $lc:Imblll CQ\I1\ty. Flori. ~Qgh illl Bonrd. 13( Cc~cy Co1flll:'llnlQI\I;:fl4J!lQ:n.ing b,.11:I
CoulltY AdminllltrQtct".l!ul1l1Uthorlw:! to c.ecute tlti, Apemen!. ~lId n. VI. Beck.. &.Iglliq by lU\d !hmu"" t...
~.J_... "'Ph, .tultht't~"""':to- ...-,........... 4f1ht__
COT..1NTY:
~fl CClUIlt;(. Floridu. ..polideld IUbdlvi$ion afdlcSUllI:
fir::
Ollte!
COMPANY:
R.. W. Beck. IllC~ II. Suu. at WtWlfnpa corpomtion
lIIllhor(ud ID d1:t busl~ ill tbcS-lH'flotide.
"-
Set:n1l1Y
.~t;lh~
. t ..'
~ M~~....~ ;~... \
0_ __~&/rq:
A 'I1'ES't'~
:z
"'" .~' i1/11/2aeS 1.1~ 1.6 407&486362
MRR-~D-lCOO(MON) 0&:)7
RW BECK
PAGE '29/2'3
P.004l00t
2X.HJBIT B
.liOURL Y Bn.UNG RATES AND CSARCI!S
The lIlblr;: Ixlow pftWides horn\,. biUiag rnmt fur ctI1ployeec of R, W, Be~k fot the 141301' Cll.lI:gorlos ta b~ uUlled for thi$
... -
lUJli~t. .
Cbuses fcr;1nstllffftomsubeOD$Ullantl.subcon~ mtd.IJ\depmdtl'lt~n hiJ:ed by.R.. W. Uoc:k fOl'lUl1 of the
Inbot ~ listed .~ s.haIl be billed III aaual.::ClSl plus :m. bourlylldm.lldStndvc r. ua fonow~
"...n'!'" am.... 'F..
$30
no
SS
~$.s
~
~1"
,
ServietS pe-rfQI!2l:II!d byR. W. Do:k wiD be pcrfcrmcd c.m 4. dmc: aQd ltlI1larillls basis. COlUllY sh:1U ClCIDpe:IlSlu: It W. Seek
for dle labol' caceSol'i11il cllOWI:I l1boyc at tit. bUUII! fIIlU ami. t'CCllI provided in tl~ Ulbl=l G.bov~ plus dlrett co.. ~
wlth \tllvcl Q;pcttsCS.lld.mJnlstrarlve c:cpetl!lell. ~tcja:'t lUppliCl. c:tc. P:l.yments sbnlll:lc CNtt 30. billed Ql1 A month!y b~. .
based 01'\ hourly ltUllna '*' ,lus dirca project Cltpcll!e!L It w. B=.lc will provIde the cwnliY wilb nn c:slim:ut of ,rqjeet
CQIll(l duu: Oft . wcddy ba;i"
Mrnlni ltli . vcJCleritlll.
'-:
R.evlciQll 2 . S:pcembtn" 30. 2004