Item R8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 20. 2005 Division: County Administrator
Bulk Item: Yes l No - Department: County Administrator
Staff Contact Person: Thomas J. Willi
AGENDA ITEM WORDING: Ratification of the signing of Letter of Agreement with RW. 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
.... ~_.,c... ..__....._--.,.~-- .......- ......-..... .,- .--.-,.._-- . .................. --
CONTRACTIAGREEMENTCHANGES: NM
STAFF RECOMMENDATIONS: Approval
L~ ,
TOTAL COST: Hourly Billing Rates and Charges BUDGETED: Yes _ NoX
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 OMBlPurchasing NIA Risk Mtrgement N/A
.---;t/ - I. /~
COUNTY ADMINISTRATOR APPROV AL:2==--~_
Thomas 1. ~ llli
DOCUMENTATION: Included -X Not Required__
DISPOSITION: AGENDA ITEM #
72 :0~ ut----
04J~/~'
Disaster Summary For FEMA-1595-DR, Florida
Declaration Date: July 10, 2005
Incident Type: Hurricane Dennis
Incident Period: July 10, 2005, and Continuing
Individual Assistance
(Assistance to individuals and households):
Escambia and Santa Rosa Counties.
Public Assistance
(Assistance to State and local governments and certain private nonprofit
organizations for the repair or replacement of disaster-damaged facilities):
Bay, Calhoun, Escambia, Franklin, Gulf, Holmes, Jackson, Monroe, Okaloosa,
Santa Rosa, Wakulla, Walton, and Washington Counties for assistance for debris
removal and emergency protective measures, including direct Federal
assistance. For a period of up to 72 hours, assistance for emergency protective
measures, including direct Federal assistance, will be provided at 100 percent of
the total eligible costs. The period of up to 72 hours at 100 percent excludes
debris removal.
Consistent with the requirement that Federal assistance be supplemental, any
Federal funds provided under the Stafford Act for Public Assistance will be
limited to 75 percent of the total eligible costs. I
Hazard Mitigation Grant Program
(Assistance to State and local governments and certain private nonprofit
organizations for actions taken to prevent or reduce long term risk to life and
property from natural hazards):
All counties in the State of Florida are eligible to apply for assistance under the
Hazard Mitigation Grant Program.
Other:
Additional designations may be made at a later date after further evaluation.
r- ...-- BOARD OF COUNTY COMMISSIONERS
Mayor DIxie M. Spehar, District 1
O~~y ~~~~E Mayor Pro Tem Olarles -sonny" McCoy, District 3
George Neugent, District 2
DavId p, Rice, District 4
(305129<1-4641 Murray E. Nelson, District 5
Monroe County
Board of County Commissioners
Office of the County Administrator
The Historic Galo Cigar Factory
1100 Simonton Street, Suite 205
Key West, FL 33040
(305) 2924441- Phone
(305) 2924544 - 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 petform 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 (PO 02-03.79)" dated October 2003 (the "Escambia County
Agreement").
2. Task Order PO 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.
07/15/2065 15:01 4076488382 I
" - -" - _..._.-- - I RW BECK i PAGE 113! E)3
i . With regar~ to the service rates on E~it B~' Houdy.Hilling llates and Charges, the County recognizes tbat:
Acrotck was the speci6c subconsultaot used to provide contract labor in Escambia County; R. W. Beck will
use a different subc::onsultant used to provide contract labor for tbe County's project, such as Hudson North
America; and the 530 Hourly Admin. Fee will be applicable to whatever sub<:oosultant is used by Il W. Beck
to provide contract labor for the County's project.
R. W. Book i& IIJ..lthoriz:ed to commence providing services upon execution of this letter of agreement. It W.
Beck 6b.aJl perform the Collowi08 tasks to assist the County in respondjng to the aftennath of lI\lnlcane
Dennis.
1, Provide genend program management services~ as directed by the County, with regards to debris
OOUeetiOD and disposal activities within the County;
2.. Provide contract monitoring services in managing the activities of the County's debris
contractor( s);
~" Provide debris collection and disposal site monitoring services as required by FEMA;
4. Provide for data eutry and management of collection and disposal tickets~
5. Provide the County with daily operating Iltatistics (cubic yardage coUected, 8$$Ot inventory. etc.);
6. Review and approve GOntractor in.voieea submitted to the County; and
. . 7. Assist in preparing required data and forms required for FBMA reimbursement.
Please acknowledge COIlQlf1eJlce with the above by R. W. Beck by having the appropriate person sign this
tetter agreement.
APPROVED FOR MONROE COUNTY: APPROVEDrf~
S..-.; ~~
Slgaatu.re:
Title: ~u""7 A/~,,;'" ~ rf,-- . ~" . L
Title:."... " I'^:. (,I ,4~
, ,~.' .(lI:,\ .
D~ .., /1'1/ uS' Date: ," ...""-1 y !~)~
f
':~"__.:f:.Al~~11!2Ela5 12: 16 4076488382 RW BECK PAGE 04129
..
'-.;:,;;,. ~:~
.
"'. ,.
.-
. I
AGREEMENT
Between
ESCAMBIA COUNTY
Y-_~ '" _ - y -.'-.'. "'~.,"'~ -- .. __u. .._..... ~. ._.... .,.,.... .__~ ,~ .__. ~ ___'M 'o'~. -, ~ '" +..y'u "~""_'~'r'.,.,.,_. _ _ '"'" "'.. ~, ,...,... _ _ ~ ..~ mv. _ _ _ a ,. ~- ~,~,. --
and
R. w:. Beck, Inc.
for
Professional Services as Governed by Florida Statute' 287.055
(PO 02-03.79)
6't/11/zee5 12: 16 4676486382 RW BECK PAGE 65/29
Agreement with Escambia County for
Professional Services as Governed by Florida Statute 267,055
(PO 02-03.79)
TABLE OF CONTENTS
Agreement Declarations PAGE
ARTICLE 1 DeiiniUof'lS and Iden~ificat1of1s 3
ARTICLE 2 Preamble 4
ARTICLE 3 Scope of Services 5
ARTICLE 4 Ordering of WOl"k 5
ARTICLE: 5 Time for Performanc5 ' 5
ARTICLE 6 Compensation and Method of Payment 6
~- ~- -- .--,- -- ARTlcCE1'- , ,.' ".Additional Se;:';tces eUldChanges'i'n'Scope ofseiYfce's - ---~. - -- 9--" h'" H n ..-
ARTICLE B County's Responsibilities 9
ARTICLE 9 Consultant's ResponslbUlties 10
ARf1CLE 10 General Conditions 11
0-:0/11 / 2005 12:1& 4E170488382 RW BECK PAGE 6&/29
u_.
.
AGREEMENT
This is an Agreement between Escambia County, a political $ubd!vision of the Stale of
Florida, by and through ils Board of County Commis5ioners, its successors and assigns, with its
administrative offices localed at 223 South Palafox Street, Pensacola, Florida 32597-1590,
(hereinafter referred to as "County,") and R.W. Beck, Inc., a for-profit corporation, authorized to
do business in the State of Florida, its successors and assigns, whose federal Identification
number Is 91-0883905, and whose business address Is 800 North Magnolia Avenue, Suite 300,
Orlando, Fl 32e03~3274 (hereinafter referred to as "Consultant").
WITNESSETH:
NOW; THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, the County and the Consultant agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provl$IOns 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:
.., ~ - - .- -- --.--- -- ,,_'n ih~'.'1foaflr 6r~CountY "CommisSiorie-rs.'--ls--ffie'-'~foveriifii~r 50dY" of"-EsCiimhlli . CountY ~ -------
Florida.
1.2 CONSULTANT:
R.W, Beck, tnc., is the Consultant selected to perform professional se/Vlces pursuant to
this Agreement.
1.3 CONTRACT ADMINISTRATOR:
Whenever the term Contract Administrator is used herein, It Is intended to mean Bob!
McLaughlin, Assistant counly Administrator. In the administration of this Agreemen~ as:
contrasted with matters of policy. all parties may rely upon Instructions or determinations made:
by the Contract Administrator.
1.4 COUNT(:
Escambla County, Florida is a bOdy corpora Ie and politic and a pollUcal subdivision of
the State of Florida. .
1.5 NOTIC~ 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. . '.
3
61;flll2l:l6S 12:16 4E176488382 RW BEG\( PAGE 6712'3
.'
1.6 PROJ~CT:
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 task order work,
1.8 SgOPE Of SERVICES:
The lotent of this Agreement Is lo maka available certain design, engineering, surveying.
and inspectIon services for Escambla County as requested and as outliMd herein.
1 Q ~~()P~ OF WORK'
The scope of worK is the specific information relating to those certain services provlded
to the Consultant on al"l Individual project task order including, but not limited to: proJect
description with boundaries. intent of project, antldpated services required. and expected
deliverables.
1,10 TASI$ ORPEf,~:
,,',-c,'.' _.n ~ .'_ ,,""'_ _"~ ,_........_. -,~._,.,.." _.,..c_....,._,.~""~_,~,..___ _'T~ ~__ '" .__"'~_'T~__i":.',....___ '..-'----,..-.-~--...~,-.., ,.....'
- -~- - - - 1'119 tas-k order is a forfTwd wrltten assignment of work, based upon negotlation, which is
issued to th~ Consultant pursuant to ttli" Agreement
t\RTICLtl
P R.EAM.i.3 LE
In order to establish the ba.ckground, context and frame of reference for tnls Agreement
and to generally express the objectives and Intentions of the respective parties herein, the
following statements, representations. and eXplanations shall be accepted as predicates for the
undertakings and commitments included within the provIsions which follow and that may be
relied upon by the parties as essential elements of the mutual considerations upon wtllch this
Agreement IS based.
2.1 Negotiations pertaining to hourly rates for professional services to be performed by lhfl
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,
flortda Statutes, as amended, the Consultants' Competitive Negotiation Act, and has selected
R.W. Beck,lnc" to perform such sefVices hereunder.
2.3 Escambia County will budget funds for each task order issued under the Agreement.
4
~/11/2131)5 12:16 4076488382 RW BECK PAGE 68/29
~RTICLE 3
SCOPE OF SERVICES
3.1 The Consultant will provide Professional Services as Governed by Florida Statute
287.055 6S hereinafter described in this Article 3 tor tasks ouUlned in Escambla County's RLI
Specification No, P.O. 02-03.79, In the event of a conflict between tho torms of the RLI and this
Agreement, the terms of this Agreement shall prevail.
3.2 The basic professional servlcs5 to be provided are as set forth In Exhibit "A," attached
herato and incorporated by reference herein, and, .unless othelWise specifically excluded from
any particular task order, these services shall comport with County gUidelines for construction
and retrofitting of projects. and local ordinances, state, and Federal laws and regulations,
~RTICLe 4
ORDERING OF THF 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 specil1c task orders to the firm It deems best suited for the type of work to be
acoomplished. 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, wtll constitute the basis for negotiation of
_ _._ _ __ _ __ _ _~!:I.2nJ~sk .2L~:,...Wh~n_ ~.9..ueste_d.. ~Y...!~~ ~9_U!L~..ttl!L COD~ult.@nLwl!L I?(Q'!IQ! Jt g[QQQ..s.aI. !Q Jhe _ . _ _ _ _ .. _ .
.. 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 amouot 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 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.
~RTICLE ~
liME. FOR PERFORMANCE
5.1 As a 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.
.,' .11...,.
5.2 Prior to beg1nning the performance of any basic professional servIces under this
Agreement, tho 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 10 begin the
performance of the Consultant's services. Prior to granting approval fOf the Consultant to
pr0C9~d to ~ subs~uent phase of a task order, the Contract Administrator may at his or her
sole discretion require the Consultant to submit such docutnei"'lts and drawings as may be
reasonably necessary for review and approval by the County.
5
6\;,!11!2M5 12;15! 4075488382 RW BEa< PAGE 03/2'3
;
ARTICLE ~
COMPENSATiON AND METHOD OF PAYMENT
6.1 COMPENSATION:
(a) The County agrees to pay lhe 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 WAn attached hereto and made a part hereof. Individual
task orders submiUed 10 the Consultant will be paid through a budget Una 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 s.hown 00
ExhibIt . A" attached hereto and made a part hereof, Including but not limited to,
principals, engineers. sUfVeyors. draftsmen. clerks, plus costs for sick leave, vacation,
unempJoyrYlent, excise and payroll taxes, contributions for social security, employment
compensation insurance. retirement benefits,. and medical and insurance benents. 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.
.... _ _......_..,. ~_ ~~.,...._.-___ ............."" _..___........ ...... ..._.... ......--.'1'- ._.___..._ .......,_ _ cr- _. "" ~...' _,.__ ",,"c ....'0'..... ...._~ +'... ...'. ... -~_._ _..... ~~ ~_.___._ ._ _ .~~_~.~ .~ 4 ._. .~_,."'''P...''" "...- ......-"1' c..... "-"__~.....,......_,__ """'.,__ -_~
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 perlormance and obligation to fund this
Agreement shall be conllngent upon an annual appropriation by the Escambla County
Board of County CommissIoners.
6,3 DIRECT EXPENSES;
(a) Direct expenses diredly 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. LIving eXpenses in connection with travel Inside and outside of Escambia
County and other relaled expenses.
3. long distance communications and other miscellaneous communications
expenses.
4. Cost of printing drawings and spectflcations which are required by or of
the Consultant to deliver sGrvices set forth in this Agreement.
5. Cost of any software or hardware used or developed for any task order.
G
El\t/11/2ElO5 12: 15 41376488382 RW BECK PAGE 1612'3
(b) Direct expenses to be borne by the Consultant shall not include project permit
ie~s or compensation owed 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 1'10 mar1<up for overhead and profit on subcontractor's
invoices shall be allowed on any project task order.
(b) For lump sum conUacts, the ConsuUant may submit bits at the completion and
approval of each phase or for partial completion of each phase on a pro-rata basis.
However. request$. for payment shall not be made mora frequently than once a month.
(c) Upon approval of the estimate by the County I payment upon properly executed
payment raquisilions shall be made to the Consultant within thirty (30) days.
(d) Payments under this Agreement and interest on any tate payments shall be
._---- _.~_. ... _~__-..9Qye!!J.~d.J?y.th(LfloJL<ia....f.r9.mP..t e.!1~nt ~g!...~.Eictlon -?11h?QL..flotl<EL~~atute5J. _~_..___.____
amended.
6.5 Payment requisitions will be sent to: Notices wiH be sent to:
To Be Determined Per Task Order County Administrator
Escambla County Administrator
223 Pala10x Street
Pensacola, Florida 32597-1,590
(850) 595-4900
(850) 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 writing and delivered by hand or through the instrumentalily of certified mail of
the United States Postal Service or other private courier service. such as Federal
Express.
7
~ niJ/11/2€105 12: 16 4€l7648638Z RW BECK PAGE 11/2'3
(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
Poslal Service to deliver because of a changed address of which no l10tice 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 at least ten (10) days pnor notice of the address change.
ARTICLE 7
ADDITIONAL SERVICES ANQ.
CHANGES IN SCOP~ OF SERViCes
7.1 The County or the Consultant may request changes that woUld Increase, decrease, or
othelWise modify the Scope of Services provided under this Agreement. Such changes must be
in accordance with the procurement poticies of Escambla County and must be contained In a
written amendment, executed by the partIes thereto, with the same ronnaHty 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 in<:rease, decrease, or
otherwise modify the Scope of Wor1< of individual project task orders. Such changes must be
negotiated and mutuaRy agreed upon by both parties. This mutual agreement will be formalized
by a wrlttel1 change order to the task order issued by the County to the Consultant.
ARTICLE 8
.____.____M --- - - ----- ______.u --'---COUNTY'S RESPONSIBILiTlfS- - -.. - -. .__.._.n_.__'._'.'_. -- --..- ------
8.1 The County shall assist the Consu1tant by placing at its disposal all available infonnaUon
pertinent to the proiect including previous reports and any other data relative to design or
consl.ructloo 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, problngSj and subsurface explorations, hydraulic surveys,
laboratory tests and InspeetJons of samples, materials aJld 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
d~criptiona; zoning. deed and other land use restrlction; and other spectal data or
consultations.
8.3 The County shalt arrange for access to and make all provisions for the Consultant to
enter upon public and private property as required for the Consultant 10 perform its services.
8.4 . T~County shall examine, within a r9a$ona~le time so as not to delay the sefVices of ..'t.-:~.
the Consultant, all studies, reports, sketctles, dtawings, sJ)(lclflcations. proposals and other
documents presented by the Consultant. oblaln advice of an attorney, insurance counselor and
other consultants. as the County deems appropriate, for such examination and the rendering of
written opInions or declslons pertaining thereto.
8
eH!l1l/2€l85 12: 16 4076488382 RW BECK PAGE 12/2':1
"^"-.
6.5 The County wm 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 Consoltant~$ 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 wor\< 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.
ARJ1ClE 9
CONSUk T ANT'S RESP.QNSIB1UTIES
9.1 QI.,iAL,1TY OF ~~RVICES:
(a) The Consultant shall be responsible for the professlona1 quality. technical
.accuracy, and the coon;lination of all designs; drawings, specificatiOO$. and other
services furnished pursuant to this Agreement.
(b) To that end, the Consultant shall correct or shalf revise., without additional
_~"""c".'-.~.-~. _._~, ~ ___~Q.~y.Q!1...F!.~.~!1Qrs orJ;Jeficlencifts in its_WIls...PLQ..~..Qf shall !!l9ke}j,li!ttrevl~ionjL_______._..
as are necessary as the result of the failure of the Consultant to provide an accurate,
more efficient, and properly constfuctabl~ product In its desIgns, drawlhgs,
specificatfons, or other services;
(0) Neither the County's review of, approval of, or acceptance of, nOf payment for,
the selVices required by this Agreement shall be construed to operata as a waiver of any
rights or of any cause of actiol'\ arising out of the performance of this Agreement
Additionally, the Consultant shaH be and rernam liable to the County In accordance with
applicable law for all damages to the County caused by the Consultant's negligent
performance of any of the services furnished under this Agreement.
(d) The i1ghts and remedies of the County provided for under this Agreement are in
addition to any other rights and remedies otherwi,se prOvtded by law.
9.2 CONSULTANT PROFESSIONAL REGISTRATION AND CEBTIFICAT1ON:
(a) The design sel"llces provided to the County by the Consultant shall be certified
by professional engineers registered to practice and in good standing in the Stata of
Flonda, Any project Inspection sePJices also shall be reviewed and shall be approved by
such professional engIneers.
(b) The survey services provided to the County by the Consultant shali be certified
by professional land surveyors registered to practice and in good standing in the State of
Aortda.
9
a7.,! 11/2aa5 12: 16 4075488382 RW BECK PAGE 13/2'3
(C) Permit applications to State Bnd Federal agendes prepared by the Consultant
shall be signed and shalt be. sealed by the Consultant as the project's 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 OWNFRSHIP OF DOCUMENTS
(a) Drawings, specifications, designs, models, photographs, reports, surveys,
calculations. and olher data provided In connection with this Agreement are and shall
remain the property of lhe County wheUler 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 Consultant's services.
(b) When suCh documents are provfded to other parties, the Consult~nt shalt ensure
return of the County's property by eollecting a deposit equal to the cost of reproduction.
Such deposit shall be returned If the documents are timely returned In a useabfe
condition. OfhelWrse. such deposit shall be retained by the Consultant.
____.__ __ ____1.02... SUSPEN$19N OR iERMINATIQN OF WOl%:______________._______ _ ____________.
(a) The County, in writing, may order the Consultant to suspend. delay, or interrupt
all or any part of the work of a task order for the perlod of time thai the County
determines to be appropriate for the convenience of the County. The Consultant
expressly acknowledges and agrees that it shall receive no damages for delays. The
Consuttant's sole remedy, If any, against the County wHl be the right to seek an
extension to the contract time as provided for the completion of the project.
(b) This Agreement may be t$f'minated by either party for cause, or by the county for
conveniente, 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 servlces perfonned to termination date, including all reimbursable expenses then due
or Incurred to the date of termination,
(c) T ennination of the Consultant for cause shalt 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 timely manl16( any provision of this Agreement.
(d) In no event shall a termination for convenience by the-Gounty be deemed a
default. and any such terminatlon shalt not subject the County to any penalty or other
claim for damages. It the Con.sultant abandons thIS Agreement or causes it to be
lermlnated. the Consultant shall Indemnify the County against any loss pertainIng to this
termination up to a ma)(imum of 1.3 times the foil 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 thfs Agreement.
10
. . 12: 16 G076488382 RW SEa< 14/29
~ . __ _~ ~I U,(.1..Q6S PAGE
10.3 RECORDS:
(8) The Consultant shall keep such records and accounts and shall require any
sllbcontractors 10 keep records and accounts as may be necessary in order to record
complete and correcl entrtes 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 Urnes for examination and audIt by the County, and
shall be kept for a period of three (3) years after the completlon of all work to be
performed pursuant to this Agreement. Incomplete or incorrect entries in such books
and records witl 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
dlsdosure to members of the pUblic pursuant 10 Chapter 119, Florida Statutes, as
amended. In the event the Consultant fails to abide by the provisions of Chapter 119,
Ftor1da Statutes, the County may, without prejudice to any riyht or remedy. and 'after
giving the Consultant and Its surety. If any, seven (7) days written notice, during which
period the. Consultant still fails 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
______ ___._._lba.Consultant rot Sllh(",NUractoC. wotl<) ____.__.____ _._ ____ ,___.......~...___ __........".......__......-.,.",.'NhHH--.-----~
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 finn. 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 Nability and 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 SUBCONTAACTORS
. 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
services covered by this Agreement, the C;:onsuftant must secure the prIOr written approval of
the Counly-tH"less such work is speciftcalty 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.
11
6:.l/1l/26e5 12:1& 4676488382 RW SEa< PAGE 15/29
or
10.7 HOLD HARMLESS AND INOI;fy1NIFICATION OF C9UNTY
(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, Iiabiltties, expenditures, or causes of action of any kind, IOSS6S,
penalties, interest. demands, judgments, and costs of suit, Including attomeys' fees and
paralegals' fees, fOf any expense, damaga, or Iiabillty incurred by any of them, whether
for bodily or personal injury, death, property damage, direct or consequential damages.
or economic los$, induding 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, tlrm, or corporation to whom any portion of the
performance of this Agreement is suboontraeted to or used by the Consultant. Dr by any
other person for whom the Consultant Is legally liable.
lD) INUt::MNI..'I..}\ I IVN: ,ne l",Onsunam i:I00 me voumy ~ijft:ltl lIIetl pl.ll:'U'i:Iln ....
Section 725.06, Florida Statutes, as amended. the first one hundred ($100) of this
Agreement's compensation paid by the County to the Consultant shaH be given as
separate consideration for this Indemnification, and any other indemnification of the
County by the Consultant provided for within this contract d"cument. the sufflclency of
such separate cOnsideration being acknowledged by the Consultant's acceptance and
.execution of the Agreement The parties underslandand 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
---+'-'~---------_.-----. limItation, U'\e[."after....Jhe....C.onsuItanrs_obligation..shaILn.ot-baJimited..b.}4-Ot-iu...any..way...-~ ---- --
to. any insurance coverage or by any provision in or exclusion or omission from any
policy of insurance. The Consultant agreGs 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
:_;~ __ ~ ~_"",_................t.......... ...""".....i--................... h.n"~....." -.-......IP4"I....... ...... It..........:t:h... __ri ....--.._-a_........... _""-^..-.,.c....JI'I\...
H.".....1I' '>"--1:'""-~"""",":_~T. ...._.~;.._-~-~..., -._..~._~ --~....~--~_. ......._.h...~_ -- "'"" --...r.--....- -r-'~..w-.._.
(b) Automobile liability with $1,000,000 per occurrence minimum combined single
jj(nik fn, ~i hl"",rl. nIMnAr1, ;'1("1'1 "^n_f'lWl"Iprl v",hidp'l
.-.'~'~!'"'"
(0) Professional Llabmtywith $1 ,00Q,ooo per occurrence minimum limit.
(d) Florida statutory workars' compensation and employers' liabllity with employer's
Iiabililv limits of at least $:100000 Aac.h acclftAnt <'Ind $100000 es{'.h Amnlnvp.p..lSfiOOOOO
polley limit for disease,
(e) It is understood and agreed by the parties that in the event that the Consultant
as defined In Sectlon 1.2, consists of a joint venture, partnershlp, or other association of
12
~.....~ I'f~/11120a5 RW BECK PAGE 1612'3
12: 16 41375488382
. .
professional or busines~ firms, each such firm shall be required to Individually carry the
abov~ dted coverag~s.
(t) AlIllaolllty coverage snail oe mrougn earners aommeo to 00 DUSfneSS IrIlne ;:::itale
of Florida. Carriers shall be a minimum financial size of VIII according to the latest
edition of the AM 69St Rating Guide. An A or better Best Rating is "preferred"; however,
other ratings if "Secure Best Ratings" may be considered, Uablli\y policies shalt be
underwntten on the occurrence basis, except the profess[onal and environmental
impairment coverage may be provided on a claims made basis. Escambia County and
the Board of County Commissioners shall be -additional insureds" on all liability policies
(exC$pt ptofessionalllablllty). Certificates of Insurance shall be provided to Joe Pillltary.
Purchasing Manager, P.O. Box 1591, Pensacola. Florida 32597-1591 prior to
commencement of work hereunder, Certificates shan reflect the additional Insured
status of Escambla County and shall provide for 8 minImum of thirty (30) days notiea of
cancellation. ' Escambla County and the Board Of County, Commissioners also shall be
the certificate holders.
10..9 CJ.AIMS 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. oxtenslon of time or other reUef with respect to the terms of tho contract
documents. The term "claim" also includes other disputes and matters [n question
--- bfitwften thE:. CountLBnd _ tha Consultant am!ng.JUIL..of...ouelaJiog to. Jb.a _CMtrar.t ________
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 \he County with supporting
data. All claims shall be submitted durlng the performance term of the Agreement or
else the Consultant shall bo deemed to have waived that t1aJm.
(c) The Consultant shall proceed diligently with its pertonnance, as directed by the
County, regardless of any pending claIm, legal action, suit. or adminlstrallve 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
r:1:'Ikn
10.10 REPRt;$ENTATIV~ QF COUNTY AND CONSULTANT:
(a) It is recognized that questions in the day-ta-day conduct of the project will arise.
The Contract Administrator, upon request by the Consultant, shall designate and shall
. advise the. Consultant In writing, persons to whom alf communications pertaining to the
daY"{CHlav conduct of the oroiect shall be addressed., 'N
(b) T~ Consultant shall infonn the Contract Administrator in writing of the
representative of the Consultant to whom matters involving the conduct of the project
shall be addressed.
13
~ 6V!11/2005 12:16 467&488382 RW BECK PAGE 17/29
10.11 ALL PRIOR AGREEMENTS SUPERSEDED
(a) This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements. or understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements, or
understandings concerning the sUbject matter of this Agreement tha.t are not contained
in this document. Accordingly, it is agreed that no deviation frem the terms hereof shall
be predicated upon any prior representations or agreements whether oral Of written.
(b) It is further agreed that no modification, amendment or alteration in the terms or
Conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
10.12 TBUTH~'N.NeGOTIATION CERtiFICATE:
Signature of this Agreement by the Consultant shall act. as the execution of a truth-In-
negotiation certlflcate stating that wage rates and other factual unit costs supporting the
compensation of this Agreement ate accurate. complete. and current at the time of contractlng.
The original contract price and any additions thereto shall be adjusted to exctude any significant
sums by whieh the County d~termine$ the contract price was increased due to inaOOJrate,
incomplete, Of non-<::ulTent wage rates and other factual unit costs. All such contract
adjustments shall be made within ona (1) year following the end of this Agreement.
~__~__ 1013 HF.AOlNGS' __________,___.___.___.__~_____ ____~__.
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. .
1 0.14 GRATUITIES:
Neither the Consultant nor any of its employees. agents. and representatives shall offer
Of give 10 an officer, official. or employee Of the County gifts, entertainment. payments. loans. or
other gratuities. The Consultant acknowtedges knowledge of the State of Florida's ethics
statutes and to the extent applieable to the Consultant, the Consultant agrees to abide wit" $Uch
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. emplo}'99. or agent of tho Consultant now has or will have. Said disclosure shall be
made by the 60nsuUant contemporaneously with the execution of this Agreement and at any . .
time Ihereafter that such facts become known to the Consultant. The Consultant at all times
shall penorm Its Obligations under this Agreement in a manner consistent with the best Interests
of the County. Failure to abide by this section shali result In the immediate termination of this
Agreement pursuant to Article II of Chapter 46 of the Escambia County Code of Ordinances.
14
'.. ;m eVlll/2005 12: 16 4137&0:188382 RW BECK PAGE 18/2'3
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:
I nrs Agreement snail De governea oy ana construeo In accoroance WIUl me law:; 01 <<Ie
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 liingular 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 w~lI-known technical or industry meanings, are used in
accordance with such recogniZed meanings. References to. persons include their respecti've
permitted successors and assigns and, In tha eaSEl 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
____ ~~ --~rovi$1on of the Jl.g.ceer:nent,.. the-Consl.lltant $hatl immediate1y-ootUy-lbe.Cour.lt)l-4lOd- - -- ----
reques.t clarification of the County's Interpretation of this Agreement.
(b) This Agreement shall not be more s1rictty 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 Of noo-enforceability of any portion or provision of this Agreement shall not
,affttct the VRlidltv or enfoJ'caabllitv af anv other Dortlon or nrovl!llon, Anv inVi'llirl nr
: unenforceable portion or provision "shalt 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 unenforeeable portion or provision.
10.20 COMPliANCE WITH LAWS:
The Consultant shall keep fully informed regarding aod 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 gener-a1ity of the foregoing. the Consultant shall obselVe
all rules and regulatlol"lS of federal, state. and tocal offidals relating to the subject matter of this
Agreement.
10.21 PARTICIPATIQN IN OTHER PROCEEDIt-fGS:
At the County's requ6st, the Consultant shall allow itself to be joined as a party in any
legal proceeding that involves the County regarding the design, construc1lon, or installation of
any matter Which is the subject of this Agreement. This provision is for the benefit of the County
15
12: 16 I 4675488382 RW BECK PAGE
1'3/29
...
-
and not for the benefit of any other party.
10.22 FUR.THER DOCUMENTS:
The parties shall execute and .detiver all documents and pertorm 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 W1TNESS 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 authOfity set forth in Article II of Chapter 46,
Escambia County Code of Ordinances, and (CompanYlt, signing by and through its Vice
. President. duly authorized to execute same,
CONSULTANT:
~---~----"~ ------~.^<- - - ----- - ~~ - - - -- -RlAL-B&k, loe, a fo!:.pr.ofif.-coq;l.Oratlon....aulliodz.OO___ __._
to do busi s in the State of Ftorlda.
By. -
ATTE lee President
By: Date: tJ~ 2-e , Leo ?
s c ry ./ -
,.
..... ~~P~}E ~EA J
.. f .;,.
,'. ! 1Vil:)')) COUNTY: .
, .\..,., f)::
~-"'. .( J- ..() .. ,--b : ESCAMBIA COUNTY, FLORIDA, a polni6ll1
-::""~ HOJ> .... .: subdivision · () State of Florida acting by and
/ "J...-....... ,,\.....:~ through i d
. '(1-:t\'. -:... authorized Board of County
~.. . -.... Comm!s 00
" ~ . c
.-'
.-
WITNESS
-
WITNESS;\. _ Data:
BCC ~provediOctober 16,2003
16
c, 6'1/11/2005 12: 16 4fl7646S382 RW BECK PAGE 2l:'l/29
...
.
'.
Exhibit '<A"
PO 02-03.79. Professional Services as Governed by Florida Statute 287.055
'ee, The resulting "continuing contract" sh~1l provide for issuance 9f individual Task
Orders. based on specific scopes of work. Task Orders wiUbe individually
negotiated based on a "Fee 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 Qverhea9 - 168%
. Maximum Profit -12%
. Maximum FCCM - 1..50%
o . Maximum Multiplier"': 301.66% (providing no single item above is
exceeded
. EXisting Houl1y Rates for each firm (based on an audited or audltable
financial packa~e)
The following document was 'provided tOE;!:ach firm. Their acceptance was the
basis for the award by the Board of County Commissioners. '
.---.-.., .,~ '_----+-n- ,.,....~____ "__~_~~"..~",.",,""~"._._' .__~.-y>-~_~~,,~.. '~"'''''_.'_._~",..,~c,___~ '--~.~ ...,..-~<~ -~~ - ~".,-"... -._-~~-, -'~ ~-~.-~._.~~'. .---~-
~.;..~-" ~"._''-
,
Exhibit. A" Page 1 of 2
RW SEa< PAGE 21/2'3
co. 61/11/2605 12: 16 c:le7&4B8382
. ,
. Exhibit HA"
PO 02-03.79, Professional Services as Governed by Florida Statute 287.055
MaximumContinuing Contract Fee Schedule Acceptance
In order for a "Continuing ContractP 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 SchedulesP consisting of:
. Maximum Overhead -168%
.., Maximum Profit - 12%
. Maximum FCCM - 1.50%
0 Maximum Multiplier - 301.66% (provIding no single item above is
. exceeded
. Existing Hourty Rates for each firm (ba.sed on an audited or. auditable
financial package)
Please do not provid~ th~se numbers with your letter of 1nterestYour
accept~nce of the ~Q9;ve maximums will suffi~
Individual Task Orders will be negotiated with the ~Fee Schedutes~ as a "ceiling".
[ ] Yes, the "Fee Schedule" formula is acceptable.
_____M __-.J______ ..<I _ ~
Signature -.-----'-----,-~---_.--.----.-- - -.-.-.---- --,
~,~._..c ~__---..,._~ .~c. n........,,,, .._ ._..~____*"'~~_~~^~ ,.___m. "~.___~ ~
Title
( lNo, the "Fee Schedule"Jormula is not acceptable.
-- .-,,..,.- ~~~,.c.. .._-"".............,
Signature
,
--~- ...-,..~, ~, c_r>.'< ___
~ . .....,..
Exhibit"N Page 2 of 2
PAGE 22/29
12: 16 4e76488382 RW BECK
e1/11/20e5
BOARD Of' COUNTY COMMISSIONERS
rSCAMBIA COlTNTY. FLOlUDA
OFFICE Of' PtrRCHASnlG 8
21~ VA!..AI'QX P.l,,4,CS';1;" FIQCr
P.O. &ox 15\1"1 . .,
PSol,S..\COLA.R. '~~p?Un ,. !
nU.!'IiON~ ,t.~; 5~""~
1QSEJ!K f.l'lUHARY.IR., C!I'O. (1'!'B ClUNCOW) ~91.4~
Pw~ MdilfJgV '!"iLiMX <'SO) $9}-QO:i
!.tl:lr./.......... .J:<l.-~...n.Iai\>~"""lilll
TASK ORDER - P}) 01-o3.79.37.8'\\IM.03
~roml~til.$ItH R. W. BECK.. fNC
1.0 AUT{iJ()RI~TtQ~
Thl, $ask 0I'der is issued un~ the W"!llllIfId ~ditiOnJ ofConlrtOt ZP ~2.0~ .791~7 .8\\').1,03 between
It W. Beck, Inc. and EIClInbi.. Courtty. PI., ror It. w. &ck to 1.5$\ st the COlmty In developi1l.g .:ontract
mal1ie=:rnent a1'Id teponmg for &cambia County Hu:rrieanll Ivan debris c!eacup md ren'lOvalu TilIa~d to
diwtcr declliT1lticn FEMA-! S S I-DR.
2_rI SCOPE
~ thi& Ta!~ Order. R,'\V. 9c-I:k $ha11 provide !Ucl\ disaster 1erYi~~ All :mown on A~htnent A. Scope
of Work.
3.fi SCJWDlJL(
Work wil! bcgill Uporl aul:bOt'Uation fiIcnn!he Eseambia CO\UIty DepartlJleut of Solid W"$te Mtn>ment.
4.0 COMm'lSATION
in':! r uk Or)e:r is "$Ucd: \I. itQ~Qrda.nce with ^ ttaehtntnt 13, HOU!"ly BiUlng Ratel" .
~ .tv( qf, ~/{JI
~)~ cTY;'A~
Ot:. OlarlesM. MoLeadon
E ;fl'.bill CountY R..W. Beck, me.
'l.-: 2. 4'- () 'I __2- ?~- of
Date Dll.te
. ....~.'" <';",
eYl/1l/2005 12: 16 4076488382 RW BECK PAGE 23/2'3
< '
. ,
ATTACHMENT A ,~
SCOPE OF WORK
RW. Beck shall provide disaster response selVices to assist the COlInky in responding 10 the aftermath of
HUrrIcane Ivan.
RW Reck sr,all petforfT1 the fonowing iasks
1 Assist the County In the selection of one or more debris cOllection/processing contractors;
'} Proviae general program management services with regaros to deons coiieclion and disposal
<.,
activities within the County;
3. Provide contract monitoring services in managing lhe acltvilles of the County's debris contraclor(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;
6. Provide the County with daily operating statistics (cubic yardage collected. asset InventOf'y. etc.);
T Review a.nd approve contractor invoices submItted to the County; and
a. Assist in preparing required data and forms required for FEMA reimbursement.
~, -,.
..
~
4076488382 RW BECK PAGE 24/29
a'l/11I2eH~5 12: 16
t
.\. . .
ATTACHMENT B
HOURLY DILLING RATES AND CHARGES
The table, below provides hourly billing rates for employees of R. W. Beck for the labor categories to be utilized for lhi~
assignment.
Staff P05itron HourIV Bl1Iinl!: Rate
Ptincit>al in Cha[2e $160
v Proiect ManAl!er $150
fMEA Reimbursement Coord. $120
DRIll Manner $&6
Schedulinll Manal!.ec $80
Senior Field Sunervisor $95
..; Fjeld Sunen<i.ror $85
./ DisoosaJ Site Mollirol"S $75
l/ Collection Monitors $50
AdroJ.uistrativefCterical $48
Charges for aU stbfft'rom 6ubconsultants, subcontractors, and independentcontnlctors hired by R.W. Beck for anyofdll'
labor categOries listed above shall be billed at actual cost plus an hourly administrative fee as follows:
OtI:I.erStaff How-Iv AdmJn.Fee
Aerotek mfl' $30
,Indenendent cOQttaetor staff $30
Hatch Mon MtlCDooold staff $5
Brown Thornlon Pa.centa. $~ff $5
Baskerville Donovan $otaff $5
All other staff $5
Services perl"onned by R. W. Beck will be performed On a timund matcrla1s basis. County shall compensate R. W; Beck
for the.labQr categories shown above at the bUting rates and fees PJ:ovi~ed in the tables above plus direct costs associated
with traveJ expenses, administrative expenses, ptoject supplies, etc. Payments shall be net 30, bUled on amoutWy basis
based on hourly billing (Ates plus direct; project e~penses. R. W. Beck will provide the county with an estimaf1:: of project
cost to date on a y,-eeklybasis. The oompensari<lQ and pa.yment pt(rvisiol).s of this Attal;hJl1ellt l3 take nrer.f\(\p,n........".- ..."
nr....visions of Contract PD.Q7.m '70
~ ~<>;!ji.. - ~- '!!!!!!!!!-6...'~nI1l"",~",,,,_~ --:- -1
Pri'd"l I. CbMge RMl"'Mih" "" ",~.u ,,""'''' ""._t, ""'''~'''' ',roM, l"'OI,j"g, ,li'n! ""'''''tiM, .
etc.
P~ojt.cl MlUlager Ovcnee; day to-day pr{ije:<:t o~ati;ns.. Ensures rcquiIed rCSOm:ce.s are In place ~ln~f
. . .... Ci '. IUjellltts with~~s~.9n and diq~taI cnn~a~tor to~\l!'C c:ffjde.tH ope"Htkln
I FMEA Relml:mrsement J ReSO\lfi;e fa C..ilY $!.IIffto assist in gathering re.quired data, preparing reimhursement fdlms, tli;
Coord.
r?ll111 M~a~ -==-+pet3b~se,~~Qpme~t rer c011c;:,ti011~ dhpout tickets, (j;;emes data 1113na~~
$cheduJ.mg ~1all!l,ger I W 01 k> With cul1ectlon CO(l1ta.ctOf to ensure that te.qlllled number of colleChOI1 MG dl3PO$~1
, monitors &re available and scheduled.
~,v n,ld S~;;."" T~~"'bk r" 'Qll~.?n "",,wrio. p;",,~~ Coo'&'~oll~ciQ~(",ti"n,!h c",,'"'OO'
'_ ,J1,es~~c:oX'.plcts t~I<!:JOll$Uf.,::!~~?r is staymg WJt-1Im eSS,l~ne? ~~tc__~_
lfi~lQervis()r ~_. . SUEervht:s~a.:ti.'2!!':::? of coll~o~rL-._,._~~~_~_ .----i
DJ~Eosal Sile MonJro~.osures uckets arc completed in accordance w;th I'EM}':.~deh.ne;;,
~ ~...__~.c~_..'" , . .,~--~_".,'~, _"C____,_.,.._~.._~-......___......_._~_.~._,. .....~._.".,.MC~^..,~~.,"_,..,"'_' ,.._'
CQaedlOD Mowtoft' ObSe1ves Q.,!:n;u c01l".:tlon pJoce~s to faCllirate Sllfe, effiCIent coJkc!..iim in compliance wilh'- l
PEMA~uidelme.s =:J
L~.dP:Jf)~q~caLrAS5i,~*~;'t~f[wi!h~l.lee4~. ....-==~=. ===-- ==........
R~vision 2 . September 30, 2004
RW BECK PAGE 25/29
&.1/11/28135 12: 15 4076488382
FIRST A~EN!I\1tl:i'I.-A tfI']tEEMENT BETWEEl"o
R. w. BECK, IN!. Al'I11 ~AMJlBTA COUNTY, FL01UD~
FOP-DEBRIS MANAGEMENT AND DISASTER RELATED SERVlCE~
(P.D. 03-04, IVAN)
.'1....
THIS IS THE FIRST AMENDMENT TO THE AGREEMRNT entered ioto on tJ:ielf day 0
September 2004, between Escambia CountY, Florida, a political subdivisioo of the State of Florida, with
administrative offices at 223 South Palafox Place, Pensacola, Florida 325Q2 (hereinaftet 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 Aveo\\e, Suite 2500, Seattle, Washington 98154.l()04 and a
Federal Tax Identification Number of 91 0883905 (hereina.fter referred to as the "Company"). .
~rrNES~ETH;
WHEREAS, the County hlU assigned: to 1he State ofFlorida, Departll\em of Transportation. those
portions of certn.in contracts with Ashbritt Environmental, Gulf-Crowder, and ORe, Inc. pertaining to the Stat,
and federal Roadway System wit)1in Eseambia County, Florida; and
WRF.REAS, R- W, Beck, Ioc. now agrees it will perforltlllll services relating to said contracts in
cooperatiol1 with the State of florida, Department of Transportation,
NOW, THER:tFORE. in consideration of the mutual tern", conditions. promises, and covenants
hereinafter set forth, the Couoty and 1htl C~mpany agree to amend the Agreement dated September 20, 2004 ~
.,
follows: ,-
I. That R. W. Beck, Inc" agrees thaI it shall,perform all services set forth in the original County Scope 01
Work In cooperation with the State ofHorida, Department of TransjXlnation as to all State a~d Federal
roadways lying within Escambio County, Florida, in accordance with that Scope ofWol"k and HoUrly BiUing
. .
Rates which are Iltt~ched hereto alld incorporated by reference herein.
2). That the State of Florida Department of Transportation hereby agrees to make payment~ to R. W, Bed
based upon that Scope of Work and liourly Billing Rates for all State and federal Roadways for debris
removal.
3. . That the parties hereby agree that all other provisions ofthe Agreement effective September 20,200
not in conflict with the provisions of this Amendment shall remain in full foTte and effect. .
4. That the effectivcc date of this Agreement sha.lI be on the date last e1\.ecuted by the Parties
eR 111/2005 12: 15 4075488382 RW BECK PAGE 25/2'3
,
5. That this Agreement shall be govemed by and construed in accordance with the laws of the Sta.te of
Florida and the Parties stipulate venue shall be in Escambia County, Florida relating to any matter which is lhe
subject ofth!:; Agreement.
IN WITNESS WHEREOF, the Parties heTel<) have made and ex.ecuted this Agreement on the
respective dates under each signature: Escambia County. Plorida 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, duly authorized to execute $ame.
COUNTY:
Escwnbia County, Florida, a political subdivision
of the Stale ofFlorida acting by and through its
duly authori oard of County Commissio,ncm.
Or:
By: Date;
By:
COMPANY:
R. W. Beck, Inc., a State of Washington
corporation autborized to dv business in the State
of Flcirtda.
By; {Je Yt n IJZ-.
~"rL .?....,......~ ....\
-~
- \ '. " Date; 1-};- c{.... or
~. -'t, .-- .c~'~-
~EAL) DEPARTMENT:
Slate of Florida. Depaf"tmcn\ of Tri\lhp0rtfitiOI!. 1\1'1
agt:l'lcy of the State of Florida.
~.
~ ...._0..."
By c~~~ -- - ,.----.----- ~~.
~ ~' ~'.
By: ~_ ~~ .~~_ ~,_;~}..o:,,-.-
Witness
&'? 111/2tl05 12;16 4076488382 RW SEa< PAGE 27/29
,-- --,,~,. .-...-- P. QouaM
KAR-20-200Q(MDH' 0&:36
. l
SECONlJ AMENDMENT TO ^GUEMENT RE'.l"WEEN
lL W. BECK, INC. AND ESCAMBIA COUNTY. FLOlUD~
FOR DSBR.IS MANAGEMENT AND DISAS're~ RJU.,ATED SERVICES
cP J),. 03-04, IVAN)
nus IS THE snC:OND AM1tND~N't '1'0 TIIE AG~ Clfllered info on !he :14- 4Ay of
Seplul\bct ~004, bes.wept ZfelUDOtD. l.;Ol\Rt)'. t'IOl'illa. II pOlIU4:U sgOoaV\51Gn Gt me ~~e 01 rIDDOD. 'Nun
adminlWldivG qMcR" lle n3 South PoUafolt Place. PCTIlIOllob, f\oridlI32.S,7-1:i91 {hotoincdUr Jofcmd to lI.S lbe
"COUII~ and R- W. Beek.,lI SUlle ofWO'I.dUngton eorpOl':ujlln lliIlthori~ to do bwlinl\:A in flua $U11O cfFloddu. with
IlD office nddR,., or 1001 Foul'lh Avenue. Suh:: ~OO, Seattle. Wa.t;blnpl1 981~4-tOO4 lInd a Fcdcml Trot
fclentific.atlclI Number 0'910883905 (t,c::rt>inl1ftc1" rd'.:ltt4 Cl) 11:1 the w(;ompllny").
WlTNF..8S1.TB: I
I'
1.
WImMAS. 1111: ~l:ot ~SQc:d by tb. CoIUUY and a. w. 8ect.lac., provided fhat d1t=t upc:tl$C$ to !
I
be bo~ by Ill. CoIlGu.lranc shal1l1Ot inG111dc project pr;rmI[ fees or eom~ll owed to ,u~rs; ami I
l
!
1
'WJ1EJtEI\S. dm CoUtllY lr.!s now det\Umlned that due: tQ the ntltlUe of !he work ltad th; busl, ot l~ I
DlP'C~ with dcU"tbl tollection eooG1lC'tGtIlAshmtt "EnYirLll1.WCllUlJ. Cl'owdc:r.QljJf, rmd DRe. !pc:.11111l it would
bIJin tbobdtI=tcreSt oftlw hwth.tlIlfe~.;Ind welfGfe ofthcCtu.mt)' to C6l:l&btimlilQ odmlnt.'lr'ADvcf= schedl,l.lefot i
I
empIO'1'*' MtonlmCtOts. IU\d other pcTSOnMI utUi~d by R.W. Beck. In;. In the pctfo~nCl!l of Ja: con:wlwlll i
scrvl&:r$ to the CQl.1m)'1
~S, It W. :e.eek. Ine.:l~ lQ lIllid fee .ch;dukl ilil1d a:lTJ.tmIlc IIhaU contlnue CO pi;l'form oU
Ctln611lmnt lUVil:!t;$ J1:hUlflll Klll.II:h debris eaJJOI:tion colUCletorcDntr.lC:151n CGC)~nuJon with the SfQtl;: of Rodda.
Dcpllt'lm~nt ofTnwpol'f;QdQR lUId Ih=Coumy.
NOW, TB.ERJU'OR1t. (n eDnslr;k:r;dcl\ of the muwaJ termS. condltlcaa, pmmcs. h<l C:O"~ttts I
bel'&lnlft;t sr;t retch. tllaCOlmty and the Com~ Agree 10 Ilm:nd Seedon 6.3 ..~~. or.. Agt=m;nt
,
i
dated ~pCtmbcr 10. 2004 " follows: I
. 1. 11aat 1t. W. ~ lnc.. agI'CCG thut iub:all pcrfomllnuctvicon:tfotth in the original $liOpe ofWorJdn I
C:QapcmtIQn wilh the SUl11:'; ofAotltb. Oepactmeftl bfTrunspmtl1don lIl'ld rhe COLlnl)l ~latingtD aD SUUc and FedltllJ I
Roudwnys 1)1n8 within &lImbid CQunty. P1oriduolUld Sec:dol1 U{b) uribe AgtalT'lmt j& bc:.rehy revistd~ teBeC't
411 Hourly BlIllrl8' RAlJ:5.lUld Oll~rpl Scb~Qlc:, wbir:h is ;:Iltlcbcd h=n:to a~ by ~= hlltellt ill>
1
Bl.hihit "B" [0 the ~t. rot its cmplo)'ees, $Ubo)nuoetott. ll11d alba' pctIoll1ld t1tl:li=d. by It in lhc I
,
pmormal1(c of ~ucb ae:rvil:CS. 1
J
1 I
!
~
I
I
PAGE 28/2'3
RW BECK
i~(~~~~e~~yyt*;~~ ~v.~e7G48B3B2 P.OOJ/U04
l. Thllt me ~l;:ll netllby ngtl:C lhlll all other pnlvislQnlS of the A4.'Teucent ..rfccttve $;plomber 20. 2004ltGt
in connic:.t with ml' provJ$l0ll6 of lhi. Scc:ol1d ~ndment JhaJllM1aln in full f=1; and ef.l'c:ct.
3. '11uIt I.bc eftQCtiVC: l1lItll: af UtlI Agn:U1TIent ghlll be on me: doll; Just cll;t;l;Uled by U11 Pnnlu.
4, ThQt thi~ Agn:el:l:lCot shall be govomcd by and causltUt;d In nccordl6l'1cc wfth thll taw, ot' the SttUe Qf
'FtorillA unct the Me. ctipullltc ~nu41lh:l11 be in Eseumbln eCl\ln~y. f10dclA relllting fO ony rnattl:;t' whldt I, the
sUbject Dfthis A~
EN Wl1'NESS W\i::EREQF, the Pnttic:s:lton:to QllYC ml1dc andcxec:;uted thi$ A~t on UlC ~"f:
dates IlndorellGh s1plllW"C: ~bill Ccunty. florir:l# tllrough ill BonN OrCcUQ!:1 Cornm!$la~.IIlRninlJ b)' 1m
Count:)' Adminllftmtof, dul7 authori=d 10 clIecute tltl, Ap.eaaenl. Ind n. w. Seck. lAc. aigniaa bY IInd Ibrft".... I..
o..-"d..i_.. "uJ", "..th"'...:...... '- ____...I~,.A- .ft_.....
COTJNTY.
P.sc<J.mbtfl. COUQ1j'. Floridl1. ..polidelll .ubdJvi$ion gftheS""c I
of PloridllllCbn
County Co ... !
I
l
&~ '
I
I
O;lte! 17 - I
~ 1
COMrAN\':
R. W. Deek. IlIC.. a SUIte of WlIddnStalJ cotpOmtlon
lIUthoriu:d to do busl~ 1ft the $... of Rorida. I
B,,(~b.~~.
A.'ITl!S1'; ~ ' ,t -p......:.;~..... t
. ,'-'- Dille: .- I Q,/O & / cq: ,--.~~
SeqclJlly fl.
2
;F~~\i7/1l/2ae5 12~ 16 407&488382 RW BECK PAGE 29/2"1
P.0.04/004
; MRR~eO-,OOO(HON} 06:31
..
ltXHlBIT B
ROtJRL Y lULLING RATES AND CQARCES
The tabl~ I;J;low provide:; hourly billing rntts for ctlJployeec of R. W, Beek f01' lbe tc.bor Cll.legoncs to be utlliled for thi:i
~ - ."" -
u;tSlplDt;nt.
_.~~, Hoor!v J:l.
!
!
Chargcs fot';ln staffftom liubeonsultants. subcoQU'iICtJXS" mtd Indepd:lI!cnt ~l'lI ~ by.R.. W. Bcdd'ol' lU)1 of the
tnbor CQ~ listed aboYl:. $haft be billed at actu4l1:05t pfllS :an hourly admJn'Muwc roo lid fonow~ .
,~ ~
Serviees potf=~ed by R. W.:Bo:k win be pcrfarmcd. ou time an.d mnteril1ls basis. COUllI)' wU COtnpet'l"~ R. W. Beck
for ti1e labot =resorioa dJoWD ll.bovo at tho bi11lnS nll:e. 1I.Il4 real provided in the UlbJca c.bOVLl pItaS direct com ~1Qd
with ttavet expcuses.. lIC1mh1lsr:rarlve e:.q1tn~. pMja::t lNPilutt. clC. P:1yments sbaU bo lIet 30. bi lled QClA montWy busi. .
based 011 hcU'tly bUllns rc&cl ,Iua dnGl project expense..\. R. W. Beck wi 1I provIde tho coum;y with an csdDllltll! or ,rqfect
cost to dau: On . 'l'icck.ly buIi..
~
l"iI<<\tlan
PrlnciPM in Clw'Il11
l"~jffiM::ln3!;Cf
R.eY{&i0ll 2 . September 30. 2004