07/20/2005 Agreement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: July 22, 2005
TO: Sandee Carlile, Director
Finance Department
41
FROM: Pamela G. Hanc.4
Deputy Clerk
At the July 20, 2005, Board of County Commissioner's meeting the Board approved
ratification of the following:
Notice to Proceed and Task Order(s) with DRC, Inc. to perform debris management
services within Monroe County as a result of Hurricane Dennis.
Letter of Agreement with R.W. Beck, Inc., to perform debris management and disaster
related services to Monroe County as a result of Hurricane Dennis.
Enclosed is a copy of each of the above-mentioned for your records. Should you have any
questions please feel free to contact our office.
cc: File
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 20.2005 Division: County Administrator
Bulk Item: Yes X No Department:County Administrator
Staff Contact Person:Thomas J. Willi
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 Dennis
ITEM BACKGROUND:
FEMA requires hurricane debris collection and disposal monitoring in regards to the loading, hauling,
transport, reduction and disposal of debris resulting from Hurricane Dennis. Monroe County is
procuring monitoring services from R. W. Beck, Inc. by"piggy backing" on an "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, as amended. The aforementioned Letter of Agreement
was signed by the County Administrator pursuant to Monroe County's Local State of Emergency
declaration for Hurricane Dennis.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: Hourly Billing Rates and Charges BUDGETED: Yes _ No JX
Attachment B General Revenue
COST TO COUNTY: 12.5%.State: 12.5%.FEMA: 75% SOURCE OF FUNDS: Reserves
REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty YES OMB/Purchasing N/A Risk M gement.__NL
COUNTY ADMINISTRATOR APPROVAL: __ /Thomas J. mlli
DOCUMENTATION: Included X Not Required _
DISPOSITION: AGENDA ITEM#
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ri_.- R-- BOARD OF COUNTY COMMIARInNFPS
�__ ,'.q I ,.T--_ Mayor Pro M.Speller,District 1
Rill �� Mayor Pro Tern Charles'Sonny"McCoy, District3
COUNTY O�MONROE - :� �^'••• - __ ceayeNe nc District2
KEY WEST FLORIDA amao '.T 4�' DaWo P.Rice,District 4
laosl aa-asn � .v.�i ,;:+.'. Murray E.Nelson,District 5
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Monroe County .- w Board of County Commissioners `- .
Office of the County Administrator ' . _
The Historic Gato Cigar Factory
1100 Simonton Street,Suite 205
Key West,FL 33040
(305)292-4441—Phone
(305)292-544-Fax
July 14, 2005
Mr. Jonathan Burgiel
Director of Disaster Recovery Services
R. W. Beck, Inc.
800 North Magnolia Ave., Suite 300
Orlando, FL 32803-3274
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.
With regard to the service rates on Exhibit B, Hourly Billing Rates and Charges, the County recognizes that:
Aerotek was the specific subconsultant used to provide contract labor in Escambia County; R. W. Beck will
use a different subconsultant used to provide contract labor for the County's project, such as Hudson North
America; and the $30 Hourly Admin. Fee will be applicable to whatever subconsultant is used by R. W. Beck
to provide contract labor for the County's project.
R. W. Beck is authorized to commence providing services upon execution of this letter of agreement. R. W.
Beck shall perform the following tasks to assist the County in responding to the aftermath of Hurricane
Dennis.
I. Provide general program management services, as directed by the County, with regards to debris
collection and disposal activities within the County;
2. Provide contract monitoring services in managing the activities of the County's debris
contractor(s);
3. Provide debris collection and disposal site monitoring services as required by FEMA;
4. Provide for data entry and management of collection and disposal tickets;
5. Provide the County with daily operating statistics(cubic yardage collected, asset inventory, etc.);
6. Review and approve contractor invoices submitted to the County; and
7. Assist in preparing required data and forms required for FEMA reimbursement.
Please acknowledge concurrence with the above by R. W. Beck by having the appropriate person sign this
letter agreement.
APPROVED FOR MONR/OECOOUNTY: APPROVED FO W.
.BE
Signature: qqXqq/ Signature: -_^2
Title: /un17
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Date: 17//V//o S Date: 7 / `f/6,5�
COUNTY ATTOR Y
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07/11/2005 12:16 4076488382 RW BECK PAGE 04/29
AGREEMENT
Between
ESCAMBIA COUNTY
and
R.W. Beck, Inc.
for
Professional Services as Governed by Florida Statute 287.055
(PD 02-03.79)
07/11/2005 12:16 4076488382 RW BECK PAGE 05/29
Agreement with Escambia County for
Professional Services as Governed by Florida Statute 287.055
(PD 02-03.79)
TABLE OF CONTENTS
Agreement Declarations PAGE
ARTICLE 1 Definitions and Identifications 3
ARTICLE 2 Preamble 4
ARTICLE 3 Scope of Services 6
ARTICLE 4 Ordering of Work 5
ARTICLE 5 Time for Performance• 5
ARTICLE 6 Compensation and Method of Payment 6
i
ARTICLE 7 Additional Services and Changes in Scope of Services 9
ARTICLE 8 County's Responsibilities 9
ARTICLE 9 Consultant's Responsibilities 10
ARTICLE 10 General Conditions 11
07/11/2005 12:16 4076488382 RW BECK PAGE 06/29
•
AGREEMENT
This is an Agreement between Escambia County, a political subdivision of the Stale of
Florida, by and through its Board of County Commissioners, its successors and assigns, with its
administrative offices located at 223 South Palafox Street, Pensacola, Florida 32597-1590,
(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 federal Identification
number is 91-0883905, and whose business address Is 800 North Magnolia Avenue, Suite 300,
Orlando, FL 32803-3274(hereinafter referred to as"Consultant").
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
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow,the definitions and Identifications set forth below are assumed to be true
and correct and are therefore agreed upon by the parties.
1.1 BOARD OF COUNTY COMMISSIONERS:
The 145ard of County'Commiss'id`ners;is the goveining Baia Iscambia County,
Florida.
12 CONSULTANT:
R.W. Beck, Inc., is the Consultant selected to perform professional services pursuant to
this Agreement
1.3 CONTRACT ADMINISTRATOR:
Whenever the term Contract Administrator is used herein, II Is Intended to mean Bob
McLaughlin, Assistant County Administrator. In the administration of this Agreement, as
contrasted with matters of policy, all parties may rely upon Instructions or determinations made
by the Contract Administrator.
1.4 COUNTY:
Escambla County, Florida is a body corporate and politic and a political subdivision of
the State of Florida.
1.5 NOTICE TO PROCEED:
The Notice to 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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1.6 PROJECT: •
The project is the task, as defined in Section 1.10, assigned to the Consultant pursuant
to this Agreement.
1.7 PROJECT MANAGER:
The project manager shall mean the staff person within the County who is assigned by
the Contract Administrator to oversee the lask order work.
1.8 SCOPE OF SERVICES:
The intent of this Agreement is to make available certain design, engineering, surveying,
and inspection services for Escambia County as requested and as outlined herein.
1.9 SCOPE OF WORK:
The scope of work is the specific information relating to those certain services provided
to the Consultant on an Individual project task order including, but not limited to: project
description with boundaries, intent of project, anticipated services required, and expected
deliverables.
1.10 TASK ORDER:
The task order is a formal written assignment of work, based upon negotiation, which is
issued to the Consultant pursuant to this Agreement.
ARTICLE 2
PREAMBLE
in order to establish the background, context and frame of reference for this Agreement
and to generally express the objectives and Intentions of the respective parties herein, the
following statements, representations, end explanations shall be accepted as predicates for the
undertakings and commitments included within the provisions which follow and that may be
relled upon by the parties as essential elements of the mutual considerations upon which this
Agreement Is based.
2.1 Negotiations pertaining to hourly rates for professional services to be performed by the
Consultant were undertaken between the Consultant and a committee selected by the Board of
County Commissioners, and this Agreement Incorporates the results of such negotiations.
2.2 The Board of County Commissioners has met the requirements of Section 287.055,
Florida 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 funds for each task order issued under the Agreement.
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ARTICLE 3
SCOPE OF SERVICES
3.1 The Consultant will provide Professional Services as Governed by Florida Statute
267.055 as hereinafter described in this Article 3 for tasks outlined in Escambla County's RLI
Specification No. P.D. 02-03.79. In the event of a conflict between the terms of the RLI and this
Agreement, the terms of this Agreement shall prevail.
3.2 The basic professional services to be provided are as set forth In Exhibit "A," attached
hereto and incorporated by reference herein, and, unless otherwise specifically excluded from
any particular task order, these services shall comport with County guidelines for construction
and retrofitting of projects, and local ordinances, Slate, and Federal laws and regulations.
ARTICLE 4
ORDERING OF THE WORK
4.1 The Consultant Is one of several firms selected to perform professional services on
same or similar terms pursuant to this Agreement. The County expressly reserves the exclusive
right to assign specific task orders to the firm it deems best suited for the type of work to be
accomplished. This Agreement does not guarantee any amount or type of task orders to be
assigned to the Consultant.
4.2 The scope of work, provided by the County, will constitute the basis for negotiation of
each task order. When requested by the County the Consultant will provide a g%po_sal lobe
County to perform the services requested under this scope of work. The County and the
Consultant will enter negotiations to determine a fair and reasonable number of hours, by
discipline,for such requested services pursuant to Section 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 and the amount of
compensation to be provided by the County. In the event a mutually agreeable number of hours
cannot be reached, the Consultant will be requested to provide a best and final offer to the
County, If this best and final offer Is not acceptable to the County, negotiations will cease with
the Consultant, and the County will open negotiations for the same scope of work with another
firm.
ARTICLE q
TIME FOR PERFORMANCE
5.1 Asa part of its task order proposal, the Consultant shall submit to the County a schedule
for completion of the scope of work. Pursuant to Article 4 above, this schedule is a negotiable
item during task order negotiations.
5.2 Prior to beginning the performance of any basic professional services 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 Consultants written approval to begin the
performance of the Consultants services. Prior to granting approval for the Consultant to
proceed to a subsequent phase of a task order, the Contract Administrator may at his or her
sole discretion require the Consultant to submit such documents and drawings as may be
reasonably necessary for review and approval by the County.
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ARTICLE 6,
COMPENSATION AND METHOD 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 to be computed as described below and based upon
the schedule set forth in Exhibit 'A" attached hereto and made a part hereof. Individual
task orders submitted to the Consultant will be paid through a budget line item
recommended by the department issuing the Task Order 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, unless otherwise mutually agreed to by the parties
hereto.
(b) The term "salary costs" as used herein shall mean the hourly rate as shown on
Exhibit 'A" attached hereto and made a part hereof, including but not limited to,
principals, engineers, surveyors, draftsmen, Jerks, plus costs for sick leave, vacation,
unemployment, excise and payroll taxes, contributions for social security, employment
compensation Insurance, retirement benefts, and medical and insurance benefits. Said
salary costs shall be only for time directly chargeable to' a task order under this
Agreement. A detailed breakdown for these costs shall be kept current and readily
accessible to the County.
6.2 ANNUAL APPROPRIATION:
Pursuant to the requirements of Florida law and Article II of Chapter 46, Escambia
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 of County Commissioners.
6.3 DIRECT EXPENSES:
(a) Direct expenses directly attributable to a task order will be borne by the
Consultant and will include, but not be limited to, the following:
1. Transportation expenses in connection with any task order. -
2. LlvIng expenses in connection with travel inside and outside of Escambia
County and other related expenses.
3. Long distance communications end other miscellaneous communications
expenses.
4. Cost of printing drawings and specifications 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.
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•
(b) Direct expenses to be borne by the Consultant shall not include project permit
fees or compensation awed to subcontractors engaged according to Section 10.5 of this
Agreement.
6.4 METHOD OF BILLING AND PAYMENT:
(a) The Consultant shall submit monthly estimates (payment requisitions) for the
amount and value of the work accomplished and services performed by the Consultant
which meet standards of quality established under this Agreement. The estimates 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 copies of that subcontractor's invoice for such
work. The Consultant agrees no markup for overhead and profit on subcontractor's
invoices shall be allowed on any project task order.
(b) For lump sum contracts, the Consultant may submit bills at the completion 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 frequently than once a month.
(c) Upon approval of the estimate by the County, payment upon properly executed
payment requisitions shall be made to the Consultant within thirty(30)days.
(d) Payments under this Agreement and interest on any late payments shall be
_y_ov_ernedbY the Florida. prompt Payment Act_ Section. 218.703_ Flonda_Statules as
amended.
6.5 Payment requisitions will be sent to: Notices will be sent to:
To Be Determined Per Task Order County Administrator
Escambia County Administrator
223 Patafox Street
Pensacola, Florida 32597-1590
(850) 595-4900
(B50) 595-4908
6.6 Payments and notices will be made to the Consultant at:
Chuck McLendon, Senior Director
R.W. Beck, Inc.
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 wilting and delivered by hand or through the instrumentality of certified mail of
the United States Postal Service or other private courier service, such as Federal
Express.
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•
(b) Unless otherwise notified in writing of a new address, notices, payments, and
invoices shall be made to each party at the listed addresses. Rejection, or other refusal
by the addressee to accept, or the inability of the courier service, or the United States
Postal Service to deliver because of a changed address of which no notice was given,
shall 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 other
party al least ten (10)days prior notice of the address change.
ARTICLE 7
ADDITIONAL SERVICES AND
CHANGES IN SCOPE OF SERVICES
7,1 The County or the Consultant may request changes that would Increase, decrease, or
otherwise modify the Scope of Services provided under this Agreement. Such changes must be
in accordance with the procurement policies of Escambia County and must be contained In a
written amendment, executed by the parties thereto,with the same formality and of equal dignity
prior to any deviation from the terms of this Agreement, including the Initiation of any extra work.
7.2 The County or the Consultant may request changes that would increase, decrease, or
otherwise modify the Scope of Work of individual project task orders. Such changes must be
negotiated and mutually agreed upon by both parties. This mutual agreement will be formalized
by a written change order to the task order issued by the County to the Consultant,
ARTICLE 8
COUNTY'S RESPONSIBILITIES
8.1 The County shall 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 project.
8.2 The County shall make available to the Consultant, as required for performance of the
Consultant's basic services, data prepared by or services of others, Including without limitation
(as may be appropriate)core borings, probings, and subsurface explorations, hydraulic surveys,
laboratory tests and inspections of samples, materials and equipment; appropriate professional
Interpretations of all of the foregoing; environmental assessment and impact statements;
property boundary, easement, rights-of-way, topographic and utility surveys; property..
descriptions; zoning, deed and other land use restriction; and other special data or
consultations.
8.3 The County shall arrange for access to and make all provisions for the Consultant to
enter upon public and private properly as required for the Consultant to perform its services.
8.4 .The_County shall examine, within a reasonable lime so as not to delay the services of the Consultant,Consultant, all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by the Consultant, obtain advice of an attorney, insurance counselor and
other consultants, as the County deems appropriate, for such examination and the rendering of
written opinions or decisions pertaining thereto.
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8.5 The County will assist in obtaining approvals and permits from all governmental
authorities having jurisdiction over the project and such approvals and consents from others as
may be necessary for completion of the task order by the Consultant.
8.6 The County shall give prompt written notice to the Consultant whenever the County
observes or otherwise becomes aware of any development that affects the scope of timing of
the Consultant's services, or any defect in the work of the Consultant.
8.7 The County will perform an evaluation of the services provided by the Consultant at the
completion of work of each task order. This evaluation will consider the timeliness as well as
the quality of services provided during that task order for the purpose of determining whether
additional task orders will be awarded to the Consultant by the County.
ARTICLE 9
CONSULTANT'S RESPONSIBILITIES
9.1 QUALITY OF SERVICES:
(a) The Consultant shall be responsible for the professional quality, technical
accuracy, and the coordination of all designs; drawings, specifications, and other
services furnished pursuant to this Agreement.
(b) To that end, the Consultant shall correct or shall revise, without additional.
-compeensation any errors or defidendes in its wypj(ipLod{o1 or shall_make such revisions
as are necessary as the result of the failure of the Consultant to provide an accurate,
• more efficient, and properly constructable product In its designs, drawings,
specifications, or other services.
(c) Neither the County's review of, approval of, or acceptance of, nor payment for, -
the services required by this Agreement shall be construed to operate 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
applicable law for all damages to the County caused by the Consultants negligent
performance of any of the services furnished under this Agreement.
(d) The rights and remedies of the County provided for under this Agreement are in
addition to any other rights and remedies otherwise provided by law.
9.2 CONSULTANT PROFESSIONAL REGISTRATION AND CERTIFICATION:
(a) The design services provided to the County by the Consultant shall be certified
by professional engineers registered to practice and in good standing in the State of
Florida. Any project Inspection sewices also shall be reviewed and shall be approved by
such professional engineers.
(b) The survey services provided to the County by the Consultant shall be certified
by professional land surveyors registered to practice and in good standing in the State of
Florida.
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•
(c) Permit applications to State end Federal agencies prepared by the Consultant
shall be signed and shall be sealed by the Consultant, as the projects Engineer of
Record. For all such permit applications, post-construction certification also shall be
made by the Consultant to the appropriate State or Federal permitting agency.
ARTICLE 10
GENERAL CONDITIONS
10.1 OWNERSHIP OF DOCUMENTS
(a) Drawings, specifications, designs, models, photographs, reports, surveys,
calculations, and other data provided in connection with this Agreement are and shall
remain the property of the County whether the project for which they are made Is
executed or not. Such finished or unfinished documents, data, calculations, studies,
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 Consultants services.
(b) When such documents are provided to other parties, the Consultant shall 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 In a useable
condition. Otherwise, such deposit shall be retained by the Consultant.
SUSPENSION OR TERMINATION OF WORK:
(a) The County, in writing, may order the Consultant to suspend, delay, or interrupt
all or any pail of the work of a task order for the period 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 no damages for delays. The
Consultant's sole remedy, If any, against the County will be the right to seek an
extension to the contract time as provided for the completion of the project.
(b) This Agreement may be terminated by either party for cause, or by the County for
convenience, upon fourteen (14)days written notice by the terminating party to the other
party of such termination in which event the Consultant shall be paid Its compensation
for services performed to termination dale, including all reimbursable expenses then due
or Incurred to the date of termination.
(c) Termination of the Consultant for cause shall include, but not be limited to,
misuse of funds, fraud, lack of compliance with applicable rules, laws, regulations, and
ordinances, and failure to perform In a timely manner any provision of this Agreement.
(d) In no event shall a termination for convenience by the-County be deemed a
default, and any such termination shall not subject the County to any penalty or other
claim for damages. If the Consultant abandons this Agreement or causes it to be
terminated, 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 the project.
(e) Vendor suspension or debarment proceedings brought by the County pursuant to
Article II of Chapter 46, Escambia County Code of Ordinances, shall be grounds for
immediate termination of this Agreement.
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10.3 RECORDS:
(a) 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 correct entries as to personnel hours charged to this engagement and any
expenses for which the Consultant expects to be reimbursed. Such books and records
will be available at all reasonable times for examination and audit by the County, and
shall be kept for a period of three (3) years after the completion of all work to be
performed pursuant to this Agreement. Incomplete or incorrect entries in such books
and records will be grounds for disallowance by the County of any fees or expenses
based upon such entries.
(b) The Consultant acknowledges that this Agreement and any related financial
records, audits, reports, 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 fails to abide by the provisions of Chapter 119,
Florida Statutes, the County may, without prejudice to any right or remedy'and after
giving the Consultant and Its surety, if any, seven (7) days written notice, during which
period the Consultant still falls to allow access to such•documents, 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 owing the Consultant (excluding monies owed
_.—lbe_Consuftan1 fncs hcootr3nocutodc)_.___—___________
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 other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of this provision, the County shall have
the right to terminate the Agreement without liability end at its discretion, to deduct from the
contract price, or otherwise recover,the full amount of such fee, commission, percentage,gift or
consideration.
10.5 SUBCONTRACTORS
In the event the Consultant, during the course of the work under this Agreement,
requires the services of any subcontractors or other professional associates In connection with
aci ;„ a covered by this Agreement, the Consultant must secure the prior written approval of
the County-unless such work is specifically detailed in the task order.
10.6 ASSIGNMENT:
This Agreement, 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, the Agreement shall run with the Escambia County Government and its
successors.
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•
•
10.7 HOLD HARMLESS AND INDEMNIFICATION OF COUNTY
(a) HOLD HARMLESS: The Consultant agrees to hold harmless, indemnify, and
defend the County and its agents, officers, and employees from any and all claims,suits,
actions, damages, liabilities, expenditures, or causes of action of any kind, losses,
penalties, interest, demands, judgments, and costs of suit, including attorneys'fees and
paralegals' fees, for any expense, damage, or liability incurred by any of them, whether
for bodily or personal injury, death, property damage, direct or consequential damages,
or economic loss, including environmental impairment, 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 this Agreement Is subcontracted to or used by the Consultant, or by any
other person for whom the Consultant Is legally liable.
(b) INDEMNIFICATION: The Consultant and the County agree that pursuant to
Section 725.06, Florida Statutes, as amended, the first one hundred ($100) of this
Agreement's compensation paid by the County to the Consultant shall be given as
separate consideration for this Indemnification, and any other indemnification of the
County by the Consultant provided for within this contract document, the sufficiency of
such separate consideration being acknowledged by the Consultant's acceptance and
execution of the Agreement. The parties understand and agree that such
indemnification by the Consultant relating to any matter which is the subject of this
Agreement shall extend throughout the term of this Agreement and any statutes of
llmlfatinne char after.atieLnnsultants_obligation_sball..ndt_be_liatited_Ily, or in any ___ _
to, any insurance coverage or by any provision in or exclusion or omission from any
policy of insurance. The Consultant agrees to pay on behalf of Escambia County, as well
as provide a legal defense for the County. both of which will be done only If and when
requested by the County. for all claims as described in the Hold Harmless paragraph.
Such payment on the behalf of the County shall be In addition to any and all other legal
remedies available to the County and shall not be considered to be the County's
exclusive remedy.
10.8 INSURANCE:
The Consultant is required to carry the following Insurance:
(a) Commercial General Liability with $1,000,000 minimum per occurrence, including
coverage parts of bodily injury, property damage, broad form property damage, personal
injury, independent contractors, blanket contractual liability, and completed operations.
(b) Automobile Liability with $1,000,000 per occurrence minimum combined single
Ilmits for all hired,owned, and non-owned vehicles.
(c) Professional Liability wi h $1,000,000 per occurrence minimum limit.
(d) Florida statutory workers' compensation and employers' liability with employer's
liability limits of at least$100,000 each accident and $100,000 each employee/$500,000
policy Ilmit(or disease,
(e) It is understood and agreed by the parties that in the event that the Consultant,
as defined In Section 1.2, consists of a joint venture, partnership, or other association of
12
07/11/2005 12:16 4076488382 RW BECK PAGE 16/29
•
professional or business firms, each such firm shall be required to Individually carry the
above cited coverages. '
(f) All liability coverage shall be through carriers admitted to do business in the State
of Florida. Carriers shall be a minimum financial size of VIII according to the latest
edition of the AM Best Rating Guide. An A or better Best Rating is "preferred"; however,
other ratings if "Secure Best Ratings" may be considered. Liability polides shall be
underwritten on the occurrence basis, except the professional and environmental
impairment coverage may be provided on a claims made basis. Escambia County and
the Board of County Commissioners shall be 'additional insureds" on all liability policies
(except professional liability). Certificates of insurance shall be provided to Joe Pillitary,
Purchasing Manager, P.O. Box 1591, Pensacola, Florida 32597-1591 prior to
commencement of work hereunder. Certificates shall reflect the additional insured
status of Escambia County and shall provide for a minimum of thirty (30) days notice of
cancellation. Escambia County and the Board of County Commissioners also shall be
the certificate holders.
10.9 CLAIMS AND DISPUTES:
(a) A claim Is a demand or assertion by one of the parties to this Agreement seeking
an adjustment or interpretation of the terms of the contract documents, payment of
money, extension of time or other relief with respect to the terms of the contract
documents. The term 'claim' also includes other disputes and matters in question
hetwaen the County aapd the Consultant arl5Ing_ouLQfJrlolating to _Oa_rgitrart
documents. The responsibility to substantiate a claim shall rest with the party making
the claim.
(b) Claims by the Consultant shall be made in writing to the County with supporting
data. All claims shall be submitted during the performance term of the Agreement or
else the Consultant shall be deemed to have waived that claim.
(c) The Consultant shall proceed diligently with its performance, as directed by the
County, regardless of any pending claim, legal action, suit, or administrative proceeding,
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 of such
claim.
10.10 REPRESENTATIVE OF COUNT'AND CONSULTANT:
(a) It is recognized that questions in the day-to-day conduct of the project will arise.
The Contract Administrator, upon request by the Consultant, shall designate and shall
advise the Consultant In writing, persons to whom all communications pertaining to the
day-to-day conduct of the project shall be addressed, - _
(b) The Consultant shall inform the Contract Administrator in writing of the
representative of the Consultant to whom matters involving the conduct of the project
shall be addressed.
•
13
07/11/2005 12:16 4076488362 RW BECK PAGE 17/29
10.11 ALL PRIOR AGREEMENTS SUPERSEDED
(a) This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements, or
understandings concerning the subject 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 prior representations or agreements whether oral or written.
(b) It is further agreed that no modification, amendment or alteration in the terms or
condl0ons contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
10.12 TRUTH-IN-NEGOTIATION CERTIFICATE:
Signature of this Agreement by the Consultant shall act as the execution of a truth-In-
negotiation certificate staling that wage rates and other factual unit costs supporting the
compensation 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 determines the contract price was increased due to inaccurate,
incomplete, or non-current wage rates and other factual unit costs. All such contract
adjustments shall be made within one(1)year following the end of this Agreement.
Headings and subtitles used throughout this Agreement are for the purpose of
convenience only, and no heading or subtitle 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 shall offer
or give to an officer, official, or employee of the County gifts, entertainment, payments,loans, or
other gratuities. The Consultant acknowledges knowledge of the Stale of Florida's ethics
statutes and to the extent applicable to the Consultant,the Consultant agrees to abide with such
statutes.
10.15 CONFLICT OF INTEREST.
The Consultant hereby certifies that it will completely disclose to the County all facts
bearing upon any possible conflicts, direct or indirect, with its performance which it believes that
any officer, employee, or agent of the Consultant now has or will have. Said disclosure shall be
made by the Consultant contemporaneously with the execution of this Agreement and at any - -
time thereafter that such facts become known to the Consultant. The Consultant at all times
shall perform its obligations under this Agreement in a manner consistent with the best interests
of the County. Failure to abide by this section shall result in the immediate termination Of this
Agreement pursuant to Article II of Chapter 46 of the Escambia County Code of Ordinances.
4
•
07/11/2005 12:16 4076488302 RW BECK PAGE 18/29
•
10.16 SURVIVAL:
All other provisions which, by their Inherent character, sense, and context are intended
to survive termination of this Agreement, shall survive the termination of this Agreement.
10.17 GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of the
Slate of Florida, and the parties stipulate that venue for any matter which is a subject of this
Agreement shall be in the County of Escambia.
10.18 INTERPRETATION:
For the purpose of this Agreement, the singular Includes the plural and the plural shall
include the singular. References to statutes or regulations shall Include all statutory or
regulatory provisions consolidating, amending, or replacing the statute or regulation referred to.
Words not otherwise defined that have well-known technical or Industry meanings, are used in
accordance with such recognized meanings. References to persons include their respective
permitted successors and assigns and, In the case of governmental persons, persons
succeeding to their respective functions and capacities.
(a) If the Consultant discovers any material discrepancy, deficiency, ambiguity, error,
or omission in this Agreement, or is otherwise In doubt as to the meaning of any
-- pcovision_of th-graelent„the-ConsulfauL.sbaLimrnediately_notify-the..County-aad--
request clarification of the County's Interpretation of this Agreement.
(b) This Agreement shall not be more strictly construed against either party hereto
by reason of the fact that one party may have drafted or prepared any or all of the terms
and provisions hereof.
10.19 SEVERABILITY:
The Invalidity or non-enforceability of any portion or provision of this Agreement shall not
affect the validity or enforceability of any other portion or provision. Any invalid or
unenforceable portion 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 invalid
or unenforceable portion or provision.
10.20 COMPLIANCE WITH LAWS:
The Consultant shall 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 generality of the foregoing, the Consultant shall observe
all rules and regulations of federal, state, and local officials relating to the subject matter of this
Agreement.
10.21 PARTICIPATION IN OTHER PROCEEDINGS:
Al the County's request, the Consultant shall allow itself to be joined as a party in any
legal proceeding that involves the County regarding the design, construction, or installation of
any matter which is the subject of this Agreement. This provision is for the benefit of the County
15
07/91/2005 12:16 40764883B2 RW BECK PAGE 19/29
•
•
•
and not for the benefit of any other party.
10.22 FURTHER DOCUMENTS:
The parties shall execute and deliver all documents and perform further actions that may
be reasonably necessary to effectuate the provisions of this Agreement.
10.23 NO WAIVER:
The failure of the Consultant or the County to Insist upon the strict performance of the
terms and conditions hereof shall not constitute or be construed as a waiver or relinquishment 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 its Board Chairman, duly authorized to execute this
Agreement through the express 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 authorized to execute same.
CONSULTANT:
_ L.&eck,JOc.'S(or.-pfOGt rnrporguon-authorized_______
to do busi s in the State of Florida.
By. LZ�'/�'rf^r
ATTE T: orporate r ary ice President
By: • Date: D 20,, Zai3 _
S c ry
+fPORV.R4TESEA J
r •
- f r jaS COUNTY:
!p • ESCAMBIA COUNTY, FLORIDA, a political
��'• NOJ subdivision o State of Florida acting by and
through i authorized Board of County
- • Commis •
•
WITNESS By:QIk/, , // - -___ f.
G:ergs Trip rt Coun Administrator
WITNESS: Date:
BCC Approved October 16, 2003
16
87/11/2005 12:16 4076480382 KW BECK PAGE 20/29
•
•
• ' Exhibit "A"
PD 02.03.79, Professional Services as Governed by Florida Statute 287.055
,ee , The resulting "continuing contract" shall provide for issuance of individual Task
Orders based on specific scopes of work. Task Orders will be individually
negotiated based on a "Fee Schedule and any additional negotiated services
required within the scope of work.
"Fee Schedules" for the continuing contract shall be established based on the
following:
• 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)
The following document was provided to each firm. Their acceptance was the
basis for the award by the Board of County Commissioners.
•
•
•
Exhibit 'A" Page 1 of 2
07/11/2005 12:16 4076488362 RW BECK PACE 21/29
'Exhibit "A"
PD 02-03.79, Professional Services as Governed by Florida Statute 287.055
•
Maximum Continuing Contract Fee Schedule Acceptance • -
In order for a "Continuing Contract"to be established between Escambia County,
Florida a fee schedule must be established. The Office of Purchasing on behalf
of Escambia 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 no rovide these numbers with our letter of Interest. .Youfr
•
acceptance of the above maximums will suffice.
•
Individual Task Orders will be negotiated with the Tee Schedutes" as a "ceiling".
• ( ] Yes, the "Fee Schedule"formula is acceptable. .
-- - --- Signature
•
Title• •
( ] No, the "Fee Schedule'-formula is not acceptable. •
Signature
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Exhibit"A" Page 2 of 2 •
07/11/2OO5 12:16 4O764083O2 RW DECK PAGE 22/29
BOARD OF COUNTY COMMISSIONERS
FSCAMBIA COUNTY,FLORIDA
OFFICE OF PURC$ASDjc
213 PA“PDX PLACE.2'Floor
P U.BOX 1591 ,1,/J0!
IEJS ODLA.FL 3 3 3 9 7-1191 �u 14-"'.
lOSPPXF.Ph11rARY,1R.C!Po.(1?a rLAPHONE lt30;554986
PurrAaeiy Manger
OUNCON 9t
ThLEFAX 0SQ)0)593-403
_mT1wv.<a.•dnN.A.uymM1aly
TASK ORDER -PB 02-03,79.37,SWM,03
T I' E
1.0 AUTHORIZATION
This task order is issued under the terms and conditions of Contract Fpaass.24si hemem
RW.Beck Inc.and Eacambia County,FL,for R W.Beck to mist the County in developing mm.ge eat and reporting for Escambia County Hlmieane Ivan debris clear. contract
disaster dechtation FEMA-1551-DR. removal as slated to
2.0 SCOPE •
liar this Task Order,R.W.Beck shall provide such disaster services as about on Attachment A,Scope.
of Work.
3.0 SCR,EDUE
Work wilt begin upon authorization from+he Eseambia County Department of Solid Waste Management.
4-0 SQM:EVSATION
This Task Otstest it issued 9/ +/0T ed in accordance with Anachmmt B, Hourly 41,1( Billing Ratey
E etnbis County Clicks M.
McLendon
R.W.Beck Ina.
ztr-01 9 Zy aj`
Dee Date
.07711/2005 12:16 4076488382 RW BECK PAGE 23/29
•
ATTACHMENT A
SCOPE OF WORK -
R.W. Beck shall provide disaster response services to assist the County in responding to the aftermath of
Hurricane Ivan.
R.W. Beck shall perform the following tasks,
1. Assist the County in the selection of one or more debris collection/processing contractors;
2. Provide general program management services with regards to debris collection and disposal
activities within the County;
3. Provide Contract monitoring services in managing the activities of the Counts debris contractor(s);
4. Provide debris collection and disposal site monitoring services as required by FEMA;
5. Provide for data entry and management of collection and disposal tickets;
B. Provide the County with daily operating statistics(cubic yardage collected.asset inventory.etc.);
7. Review and approve contractor invoices submitted to the County;and
8. Assist in preparing required data and forms required for FEMA reimbursement.
1
e7/11/2005 12:16 4076488382 RW BECK FAGS 24/29
•
ATTACHMENT B
HOURLY BILLING RATES AND CHARGES
• • The table below provides hourly billing rates for employees of R.W. Beck for the labor categories to be utilized for this
assignment.
•
Staff Position Hourly Billing Hate
_Principal in Charge S160
va Project Manager $150
FMEA Reimbursement Coord. $120
Data Manager $88
Scheduling Manager S80
Senior Field Supervisor 395
✓ Field Supervisor S85
Disposal Site Monitors $75
if Collection Monitors S50
Admirustrative/Cinical S48
•
Charges for all staff from subconsultants,subcontractors,and independent contractors hired by R.W.Beck for any of the
labor categories listed above shall be billed at actual cost plus an hourly administrative fee as follows:
Other Staff • Hourly Adr ln.Fee
Aerotek staff ' .$30
independent contractor staff - $30
Hatch Mott MacDonald stiff $5
Brown Thornton Pacenta staff S5
Baskerville Donovan staff S5
All other staff - S5
Services perfumed by R.W.Beck will be performed on a time and materials basis. County shall compensate R.W.Beck
for the labor categories shown above at the billing rates and fees provided in the tables above plus direct costs associated
with travel expenses,administrative expenses,project supplies,etc. Payments shall be net 30,billed on a monthly basis
based on hourly billing rates plus direct project expenses.R.W.Beck will provide the county with an estimate of project
cost to date on a weekly basis The compensation and payment provisions of this Attachment B take precedence over the
provisions of Contract PD-02-03.79.
Position Position DescriptioMteapormibBities •
Principal in Charge Responsible for overall contract management,contractingissues,r¢s,invoicing,client satisfaction.
Project Manager. Oversees day-to-day project operations. Ensures required resources are in place to meet needs of
City. Interacts with City's debris collection and disposal contractor to ensure efficient operation.
FMEA Reimbursement Resource to City staff to assist in gathering required data,preparing reiinbursenlent forms,etc.Coord.
Data Manager Database development for cdllection and disposal tickets. Oversees data mane
nt
Scheduling Manager Works with collection contractor to ensure that required number of collection disposal process
monitors are available and scheduled.
Senior Field Supervisor Responsible for collection monitoring process. Coordinates collection activities with Contractor.
Resolves conflicts in field. Ensures contractor is staying within assigned zone,etc.
Field Supervisor Supervises activities of collection monitors.
Disposal Site Monitors Ensures tickets are completed in accordance with PEMA,guidelines.
Collection Monitors Observes debris collection process to facilitate safe,efficient collection in compliance with
PEMA guidelines.
Administrativc/Cletical Assist project staff with clerical needs.
Revision 2-September 30, 2004
.07d11/2005 12:16 4076488382 IRK BECK PAGE 25/29
•
FIRST AMENDMENT TO AGREEMENT BETWEEN
R.W.BECK,INC.AND ESCAMBIA COUNTY,FLORIDA
FOR DEBRIS MANAGEMENT AND DISASTER RELATED SERVICES
(P.O. 03-04,IVAN)
THIS IS THE FIRST AMENDMENT TO THE AGREEMENT entered into on the//d day of
September 2004,between Escambia County,Florida, a political subdivision of the State of Florida, with
administrative offices at 223 South Palafox Place,Pensacola,Florida 32502(hereinafter referred to as the
"County")and R.W. Beck,a State of Washington corporation authorized to do business in the State of
Florida,with an office address 1001 Fourth Avenue, Suite 2500,Seattle, Washington 98154-1004 and a
Federal Tax Identification Number of910883905(hereinafter referred to as the"Company").
WITNESSETH:
WHEREAS,the County has assigned to the State of Florida, Department of Transportation,those
portions of certain contracts with Ashbriu Environmental,Gulf-Crowder,and DRC,Inc.pertaining to the State
and Federal Roadway System within Escambia County,Florida;and
WHEREAS,R. W.Beck, Inc. now agrees it will perform all services relating to said contracts in
cooperation with the State of Florida,Department of Transportation.
•
NOW,THEREFORE, in consideration of the mutual terms,conditions,promises, and covenants
hereinafter set forth,the County and the Company agree to amend the Agreement dated September 20,2004 as
follows:
1. • That R, W.Beck,Inc.,agrees that it shall perform all services set forth in the original County Scope of
Work in cooperation with the State of Florida,Department of Transportation as to all State and Federal
roadways lying within Escambin County,Florida,in accordance with that Scope of Work and Hourly Billing
Rates which are attached hereto and incorporated by reference herein. •
2. That the State of Florida Department of Transportation hereby agrees to make payments to R.W. Beck
based upon that Scope of Work and Hourly Billing Rates for all State and Federal Roadways for debris
rernova)
3. That the parties hereby agree that all other provisions of the Agreement effective September 20,2004
not in conflict with the provisions of this Amendment shall remain in full force and effect.
4. That the effective date of this Agreement shall be on the date last executed by the Parties.
. .07Y11/2005 12:16 4076488382 RW BECK PAGE 26/29
•
5. That this Agreement shall be governed by and construed in accordance with the laws of the State of
Florida and the Parties stipulate venue shall be in Escambia County, Florida relating to any matter which is the
subject of 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 its County Administrator,duly authorized to execute this Agreement,and R.W.Beck, Inc. signing
by and through its President,duty authorized to execute same.
COUNTY:
Escambia County, Florida, a political subdivision
of the State of Florida acting by and through its
duly authord ,00arrd of Coouunty'Com/ im/sssioners.
By
Oorge Toy art,County Administrator
BY: . Date: 9 Z5 pi
W' ss
BY:
Wi ness
COMPANY:
R. W.Beck, Inc., a State of Washington
corporation authorized to du business in the State
of Florid
a.
''����
By: C.✓ ` O / / c !/ �--
ATTFS )‘.xkikyt
Date: 7 Z OK
(SEAL)
SEAL DEPARTMENT:
State of Florida.Department of Transportation,an
agency of the State of Florida.
By:
By: Da
d N[,District Secretary
Secretary
Witness
By: 41curta •Itp÷-
Witness
.07711/2005 12:16 4076488382 RW BECK PAGE 27/29
nail 0fi:3fi P. 002/O0d
P
•
SECOND AMENDMENT TO AGRE NIENT B- u
IL W.BECK,INC.AND ESCAMBTA COUNTY,FLORIDA
FOR DEBRIS MANAGEMENT AND DISASTER RELATED SERVICES
CP.D.03-04,IVAN)
THIS IS TUE SECOND AMENDMENT TO TIIE AGREEMENT entered into on the 224e day of
September 2.004, between Eseambla County, Florida, a political subdivision of the State of Fladda. with
administrative offices at 223 South Palafox Plow,Pensacola,Florida 32597.1591(hateinaftet referred to as die
"County")end R.W.Beek a State of Washingtoncotporation authorized to&business in she State of Florida.with
an office address of 1001 Fouts Avenue. Suite 2500, Seattle. Washington 98154-1004 and a FWcml Tax
fdeenfladon Number et 910883905(hereinafter refcued to is the"Company').
WmTLiE86tT&
WHEREAS theAgrccmcnt signed by the Countyand R.W.Seek,Inc.,provided that direct expenses to
be borne by the Consultant shall not include pto)al pcnrdt tees or compensation owed to subcontractors:and
WHEREAS,the County has now determined that due to the moue of the work and the bah of he
agreements with debris collection eonaamamAshbrittbnvirnnnrnml,Crowder•OWf,and DRC,lac.that it would
be in dm best interest ofdu health.safey,and welfare orthcCounty to establish an adminlh0adw:fee schedule for
employers.eubeontractots.and other personnel utilized by R.W.Beck Inc,In the performnco of Its consultant
smokes to the County.
WHEREAS, R W.Beck Inc.agrees to said fee sehulule and affirms it shall condnue to perform all
consulmnsseervices Matthew such debris collection mmnaorcontracts In cooperation with the State of Floddn
Dcpmeeua efTrampormdon end the County.
NOW, TB EPORC. In eonsideradon of the mutual terms, candidom, promises. and covenants
beN)Mfterset Forth.theCouny and the Compeny agree m ancnd Section 6,3"DutaBxpensec'oalbaAgreement
doted September 20,2004 as follows:
I. That ILW.Heck.Inc..agrees that it shall perform the services set forth in the original Scope of Work in
Cooperation with the State of Florida.Department ofTranupoMden and theCounty talothrgw oil SoneendFederal
Roadways lying within Escambla County.Plotldo.andSeedos 6.3(b)of the Agreement is hereby revised to reflect
an Hourly Slllln8 Rotes and ChargotlSchedule,which is attached hmom aodLrarpommd by reference herein as
Exhibit "Fr to the Agreement, for its employees, snbwnwetaN, and other personnel utilized by It in the
performance of such services,
97711/2805 12:16 4076486382 RW BECK PAGE 2B/29
" P. 003/004
2. That the Panic hereby ngme that all other provisions of the Agreement effectke September 20.2004 not
in conflict with the provisions of this Second Amendment shall remain in full force end effect.
3. That the effective doh of this Agreement shag be on the deic lost executed by the Portia
4. That this Agreement shall be governed by and construed In accordance with the laws of the State of
Florida and the Parties sdpulote venue shall be in Eseumbin County.Florida stinting to any matter which Is dm
Subject of this Agresnxmt
EN WITNESS WKEREOF•the Ponies hereto have madeandexecuted this Aponte on themspecdve
dates undereach signature:Baeamble County.Ploddo through its Board ofCoealy Commissional.signinghy its
CouotyAdminlseraor•duly aNdthed to execute this Agreement.and R.W,Seek Lew signing by end through Its
President duly authorized to MGM soma.
COUNTY:
P.mambiaComity.Florida.■polideulsubdlvision oldie Slide
ofPlodda betin .F d through Its duly authorized Board of
County C"'rimers.
By See . /.,. _ . .:fir
'corgi mum.County� nt At..'nislmtor
B.. i�•_�'e ._✓ Date: 1(f///7 ej
� ..B ►n. Ie.
Witness �
COMPANY:
R. W. Beck. Inc., a Suite of Washington corporation
authorized ran do business in thheeSotr of Florida
ATTEST: By: y_.,' r
SecretaryDowOle CI .__..�
2
07/11/2005 12:16 9076488382 RW BECK PAGE 29/29
7 n MMR-28-20D0(MON) Obi31 P. 604/00/
•
• EXHIBIT B
HOURLY BILLING RATES AND CHARGES
The table below provides hourly billing nuts for employees of R.W.Beek for the labor categories to be utilized for this
assignment
$eg7Posldon body BWIng Rota
Principal In Charge $160
Project harem $150
Rah Relmbunuman Coos. S120
Dem MangRar gal
Scheduling M f80 aaae
Soder Field Supervisor $95
Field Supervisor 565
Otsaaul Site Monitors SSS —
ColleetionManimn 150
AdwjupmadveiCledcel SMI
Charges for all staff from subcoasultancs.subcontractor and Independent contractors hired by R W.Berk for my of the
Tabor cotegmies listed above shall be billed at actual cost plus an hourly adminislmtNe too us follows:
Otpersslt _ Hourly Aamin.Fr
Aerolekstaff S30
Waders aamemr mart 330
Ranh Mott MacDonald std _
Brown Thornton Paasam staff ` SS
This ,l c onovan staff y�5
Allcd,cc'al7 St
Services performed by R.W.Beck wiUbe performed on a dine and materials basis. Comfy shag compensate R.W.Beck
for the labor categoric/6 shown above at fire billing miss and fees provided in the tables above pins direct cone utsocialod
with travel apenses,administrative expenses.project supplies,etc. Payments shall be on 30,billed on a moodily basis
based an hourly bluing mkt plus direst project apenset It W.Beck will provide the=um with an estimate of ptgject
cost m dote on a weekly bait
?od as PaldollIkscripdon/Reponeibfjtie
Prineipul in Chego Repeasible far avail cones mmnaaerame contracting bee,invoicing.dimisede6adon.
cic.
ProJeetManager Oversee clopitoviny project attendant Enna required resmnal eta In place To raced thee of
City. Interacts with Cityidebris collection end djepmal contaetar to emmre efficient operation.
EMU Reimbunernent Roource w City tiff to assist in gathering required dap.ptaprang reimbursement fame.etc.
Cooed.
lam Manger jambe**develaperceiLor collation and dismal deems. Oveta dam mana,rent pco s,
Scheduling Manage Weeb with collection contractor to must that required number oeolbalon and dieposel
monitors are available nadjdteduled.
Scalarpkld Supavisar Respora&bie farcolaalon monitoring proems. Cooedinae collection activities with Conmdea
ash*conflict's in Bell. Braes comeaorlemying within assigned Zone.de
Belt'Sppwvaar Sepersises actlltla$eolleedea nwnlmn. —
Dial Sire Walton Ensure ticket,riecompleted In aeeemdsplce with PBMARaidefina
Collcedon Monitors Observe,debds collection pmaa to facilitate sag,efficient mlladen in compliance with
PEMA miidollMs.
AdministmPvWClerleal Amin pmJm sWff with clerical needs.
Revision 2-September 30.2004