Item P2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Februarv 15,2006
Division:
Countv Administrator
Bulk Item: Yes...1L.. No
Department: County Administrator
Staff Contact Person: Connie Cvr
AGENDA ITEM WORDING: Approval of Consent to Assignment between Monroe County and
R.'VvT. Beck, Assignor, and Beck Disaster Recovery, Inc. Assignee.
ITEM BACKGROUND:
In order to streamline the firm's operations and provide flexibility within their structure, R W, Beck
recently decided to incorporate a subsidiary corporation for purpose of providing disaster recovery
services.
PREVIOliS REI ,EV ANT BOCC ACTION: At the July 20, 2006 BOCC regular meeting, the
County approved of a Ratification of the signing of a Letter of Agreement with RW, Beck, Inc" to
perform debris management and disaster related services to Monroe County
CONTRACT/AGREEMENT CHANGES:
N/A
ST AI<'F RECOMMENDATIONS:
Approve
TOT AL COST:
BUDGETED: Yes
NoL
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County AUy _ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
5~ J Willi
(Thomas j, Willi)
DOCUMENTATION:
Included
Not Required~.__
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Beck Disaster Recovery, r~Contract #_
Effective Date: 2/15/06
Expiration Date:
Contract PurposelDescription:
Consent to Assignment between Monroe County and R.W. Beck, Assignor, and Beck
Disaster Recoverv, Inc. Assignee. -"--
--
Contract Manager: Connie Cyr 4443 County Administrator/Stop # I
(Name) (Ext.) (Department/Stop #)
for BOCe meeting on 2/15106 Agenda Deadline: 1/31/06
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? YesD No [2J Account Codes:
Grant: $
County Match: $
Current Year Portion: $
_ w _ ~
-----
- - - -
-------~
- ~ - -
- - ..-...........- - .-.....-..--
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/YT For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, dC.)
- - . ~
- ......----.... --- - ~
CONTRACT REVIEW
Changes
Date In Needed
Di vision Director YesD NoD
Date Out
Reviewer
Risk Management
e(/
O. M,B./Purchasing
County Attorney
YesDNoB"
JI;f/~YesDNo~
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Y esO No~ i)<tf.f..~ ,"'PM"
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Comments:
OMB Form Revised 2/27/01 Mep #2
CONSENT TO ASSIGNMENT
'Tbis Consent to Assignment is entered into this 15 day of February, 2006, by and
between Monroe County, a political subdivision of the State of Florida, hereafter County,
R.W. Beck, Assignor, and Beck Disaster Recovery, Inc. a Washington corporation
(BDR), Assignee, the parties agreeing as follows:
}, By a change of ownership effective ___~__.,_' 200._ from Assignor to
Assignee. the Assignor assigned to Assignee all the Assignor's rights. title and
interest in the original agreement dated July] 5, 2006.
2. In consideration for such consent, the Assignee agrees to be bound by all the
terms and conditions of the original agreement, as amended above to provide
for payment to be made to the assignee.
(SEAL)
ATTEST; DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMM1SSIONERS
OF MONROE COUNTY. FLQRIDA
By
Deputy Clerk
Mayor/Chairman
Witnesses:
ASSIGNEE
By:
Witnesses:
ASSSIGNOR
By:
t"
\h~\ ? J
vnt'% -
'RE'cEl"ED
January 16,2006
Monroe County Board of County Commissioners
Office of the County Administrator
1100 Simonton Street, Suite 205
Key West. FL 33040
Subject:
Agreement Dated 7/14/05 for Professional Services as Governed by
Florida Statute 287.055 (PD 02-03.79)
Dear Monroe County Board of County Commissioners:
In order to streamline the firm's operations and provide flexibility within our structure, R,
W, Beck recently decided to incorporate a subsidiary corporation for purposes of
providing disaster recovery services to our clients, This allows us to develop a business
model and to track and manage contracts and personnel in this specific area while
continuing to provide the quality service you have come to expect The contracting entity
will be Beck Disaster Recovery, Inc.; a Washington corporation,
We ask that all clients sign the enclosed Consent to Assignment and return it to our Legal
Department in the enclosed se1f..addressed, stamped envelope, We apologize if you
already have consented to the assignment under a recent Professional Services
Agreement. If your counsel or contracts administrator have any questions, please call
Patty Corbin Of Lin Ross directly at 206 695-4700.
Thank you in advance for your cooperation, ! would also like to take a moment to
express our appreciation for the opportunity to be of continuing service and reiterate our
commitment to your success,
S incereI y;
R. W. BECK, INC.
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Enclosure
c: Patricia K. Corbin
Lin Ross
Jonathan Burgie!
"):>k!
~(,j~'rt(',
hq'
O~~r: 3~~D~3~?E
(305) 294.4641
PUBLIC SAFETY DIVISION
FLORIDA KEYS MARATHON AIRPORT
James R. "Reggi&" Paros, DirectorIManag&,'
9400 Overseas Highway, Suite 200
Marathon. Fl, 33050
Telephone: (305l289.6002/269-6060
Facsimile: (305) 289-6071
,..----
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M, Spehar, District 1
Mayor Pro Tem Charles "Sonny" McCoy, District 3
George Neugent, District 2
David P, Rice, District 4
Murray E, Nelson, District 5
MEMORANDUM
TO:
v-bave Koppel. Engineering Depa.rtment
Carol Cobb, Solid Waste Department
Irene Toner, Emergency Management
Dent Pierce, Public Works Department
CI":;o',/
Stacy ..!)~V'anpA Executive Assistant
Public Safety'rlivision
Florida Keys Marathon Airport
FROM:
SUBJECT:
Attached Documents
DATE:
July 20, 2005
Please find enclosed copies of the following documents pertaining to debris management
serVIces;
1) Copy of Notice to Proceed and Task Order(s) with DRC, Inc. to perform debris
management services within Monroe County, as a result of Hurricane Dennis,
Please note that this has been amended to include the City of Key Colony Beach; copy of
the Amendment to Notice to Proceed and Task Order is attached,
2) Copy 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.
Isd
enclosures
cc: County Administrator
OMB
Clerk's Office
Monroe County
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) 292-4544 ~ Fax.
(n " r--..---
BOARD Of COUNTY CC1MMJSSIONE~
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern Charles ~Sonl1y" l"kCoy, District 3
George Neugent. District 2
David P. Rice, District 4
Murray E. Nelson, District 5
O,l!,~rY ~~,,!~~E
(305) 29<1-4641
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 Countyt 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 02~03,7937>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",
AU 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 1.
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 sub consultant used to provide contract labor in Escambia County; R W Beck will
use a ditterent 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 shan perform the foUowing tasks to assist the County in responding to the aftemmth of Hurricane
Dennis,
1. 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, etcc);
6c 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.
Title:
APPROVED FOR MONROE COUNTY;
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APPROVED F(!W. BEC!y~~ "\
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SIgnature: (1 )AA '<-t~ (}
Title: /f?;'.N c~,,:, L,
SignatUre:
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Date:
Date:
,.";"k COUN:;;!ii!;.Y
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AGREEMENT
Between
ESCAMBIA COUNTY
." -~~ ~.- ..,... -h-_,_~"C '....... --.-_V-.n_._co'+.._ ~ _ ~._ ~ _ ~. _._ __w _._ __ __--. _~_. .........0."""" ^'...... ...,......".. ......... ---.....,.". ..._....'~,_~___ ....co>'" _ ~.---'.""'.'___._'_'___"___ _ __ ......, _....... _ _ _ _ __ _~_ .~ _ ~ _ _ _ _ _. _ ..........,. __ _ .
and
R. W. Beck, Inc.
for
Professional Services as Governed by Florida Statute '287.055
(PD 02-03.79)
Agreement with Escambia County for
Professional Services as Governed by Florida Statute 287.055
(PO 02-03.79)
TABLE OF CONTENTS
Agreement Declarations PAGE
ARTICLE 1 Definitions and Identifications 3
ARTICLE 2 Preamble 4
ARTICLE 3 Scope of Services 5
ARTICLE 4 Ordering of Work 5
ARTICLE 5 Time for Performance 5
ARTICLE 6 Compensation and Method of Payment 6
"- - - - - - ~ - - - ARTicLE '7 "d. - N ----Additional seivices-an~ Ch-anges"fn-scope" arSeNices - - ---_.. - - -"9- - . -.- ,. - - -- - -
ARTICLE 8
ARTICLE 9
ARTICLE 10
County's Responsibilities
9
Consultant's Responsibilities
10
11
General Conditions
AGREEMENT
This is an Agreement between Escambia County, a political subdivision of the State 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, lncq 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
OEFJNITlONS 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-SOafCl orcciUntY 'CommlssToners:ls- the--govemln~r body - Of Escambla-CountY : --
Aonda. '
1.2 CONSULTANT:
RW. Beck. Inc., is the Consultant selected to pertorm professional services pursuant to
this Agreement.
1,3 CONTRACT ADMINISTRATOR:
Whenever the term Contract Administrator is used herein. It is intended to mean Bob
McLaughlin. Assistant County Administrator, In the administration of this Agreement, as
contrasted with matters of policy, all parties may rely upon instructions or determinations made
by the Contract Administrator.
1.4 COUNTY:
Escambfa County, Aorida 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.
3
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 task order work.
1,8 SCOPE OF SERVICES:
The intent of this Agreement is to make available certain design, engineering, surveying,
and inspecllon services for Escambia County as requested and as outlined herein.
1.9 SCOPE QF WORK:
The scope of work is the specific information retating 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'taskordertS -a- formaJ--Wiitten'asslgn-menf of work; -basecf uponnegetiation,-Whicl1"isU' -
issued to the'Consultant pursuant to this Agreement.
ARTICLE 2
PRE.M1BLE
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 partles 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 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 Escambla County will budget funds for each task order issued under the Agreement.
4
ARTICLE 3
SCOPE OF SERVICES
3.1 The Consultant will provide Professional Services as Governed by Florida Statute
287.055 as hereinafter descrIbed in this Article 3 for tasks outlined in Escarnbia County's Rll
Specification No, P.O. 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, State, and Federal laws and regulations.
ARJICLE 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 speclfic 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
-~, -- - - _ _ -- _ ~2!:IJ~sk orger.:._ Wh~!L ~ll!,Je$te_d_ ~!t1~ .G9_u_nlY,Jn!LConsultant w!U_p!Q'Lig~ _a. prQjXLs.illlQJ.be _ _ _ __ _ _ " _
County to perform the services requested under this scope of work. The County and the
Consultant Will enter negotiations to detennlne 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 wiD 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
finn. .
ARTICLE 5
TIME 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.
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 reasonabfe price has been reached, a
copy of the fully executed task order will serve as the Consultant's written approval to begin the
performance of the Consultant's 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.
5
ARTICLE G
COMPENSATION AND METHOO 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 ~N attached hereto and made a part hereof. Individual
task orders submitted to the Consultant will be paid through a budget Une 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 MN attached hereto and made a part hereof. including but not limited to.
princlpals. engineers. surveyors. draftsmen, clerks, plus costs for sick leave, vacation,
unemployment. excise and payroll taxes. contributions for social security. employment
compensation insurance, retirement benefits, 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.
~.__._..........-....__.__U"-"",,"'___,__,~,__~-<_....._...............___~ ~~~ ~~ ___~_ _~_____ ...._ _ _~_.~ _"_ ___ _ ___.___ _w _ ._._."""....~.~_ ______-_ .........'...._,___~ -'rlo-, '- _~
6.2 ANNUAL APPROPRIATION:
Pursuant to the requirements of Rorida law and Artide 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 Escambia 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. living expenses in connection with travel inside and outside of Escambia
County and other related expenses.
3, long distance communications and 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.
6
(b) Direct expenses to be bome by the Consultant shall not include project permit
fees 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 estlmates (payment requisltlons) 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
_ ~_.__ _.____._-9Q_~erned by Jh~E!qrida _fr9fO..QL p~YJ!lent ~gh_J~~ctlon-.1j 8.70Jl9Jjda_~!.~14teS..1_~~ _____,
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 Palafox Street
Pensacola, Florida 32597 ~ 1590
(850) 595-4900
(8S0) 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 writlng and delivered by hand or through the instrumentality of certified mail of
the United States Postal Service or other private courier service, such as Federaf
Express.
7
(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 Stales
Postal Service to deliver because of a changed address of which no notice was given,
shalf 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 alleast 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 require,d 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, hydraullc 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 sUlveys; property, .
dE;!scriptions; 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 property as required for the Consultant to perform lts services.
8.4 , TbaCounty shan examine, within a reasonalJle time so as not to delay the services of
the 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 rendenng of
written opinions or decisions pertaining thereto.
8
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 othelWise 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 perfonn 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 Con~ultant by the County.
ARTICLE 9
CONSULTANT'S RESPQNSIBtLlTIES
9.1 QUAt-ITY QF SERVICES:
(a) The Consultant shall be responsible for the professional qualily, technical
'accuracy, and tile coor<;lination of all designs; drawings, specifications, and other
services.fumished pursuant to this Agreement.
(b) To that end, the Consultant shaH correct or shall revise., without additional
-- -~----- __Q..Qffipensation, al1Y.~rror2..QLdeficiencleUoJia. WQrkp.rQd..y'QLQf~f;iAW;::b [evisiorua.___~___
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 selVices.
(0) 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 aU damages to the County caused by the Consultant's 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 othel"Nise provided by law.
9.2 CONSULTANT PROFESSIONAL REGISTBATION 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 services 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.
9
(c) Permit applications to State and Federal agencies prepared by the Consultant
shall be signed and shan 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 pennitting 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 Coonty 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 Consultant's services.
(b) When such documents are provided to other parties. the Consultant shall ensure
retum 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
--_______102 SUSPENSION OR TERMINATION OF WORK:
(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 period of time that the County
determines to ~ 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 tennlnated 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 tennination date, including all reimbursable expenses then due
or incurred to the date of termination.
(c) Tennination 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 th1s 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 proceedfngs 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.
10
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
shalt be kept for a period of three (3) years after the completion of all work to be
perfonned 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
disdosure to members of the public pursuant to Chapter 119, Florida Statutes, as
amended. 1n the event the Consultant faUs 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 Consuttant 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
tbaC.onsultanUor_subcontractor work). "____ ," ".u_ ___
10.4 NO CONTINGENT FEES:
The Consultant warrants that it has not employed or retained any company or person,
other than a bona fide' employee working solely for the Consultant to soticit 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 tide employee working solety 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 viotation of this provision, the County shall have
the right to terminate the Agreement without liability 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 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
services covered by this Agreement, the Consultant must secure the prior written approval of
the County1mfess 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.
11
10.7 HOLD HARMLESS AND INDEMNIFICATION OF COUNTY
(a) HOLD HARMLESS: The Consultant agrees to hold harmless, Indemnify, and
defend the County and Us 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 perf~rmance of this
Agreement or by any person, firm, or corporation to whom any portion of the
performance of this Agreement Is subcontracted to Of used by the Consultant, or by any
other person for whom the Consultant is legally tiable.
(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 suffidency 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
UmitationR thp.fA~fter:........Ibe Consultant's oblioatiou shall not beJim.ited.~in an.y way
to, any insurance coverage or by any provision in or exclusion or omission from any
polley 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 aU other legal
remedies available to the County and shaH not be considered to be the County's
exclusive remedy.
10.8 INSURANCE:
The Consultant is required to carry the foflowing insurance:
(a) Commercial General Liability with $1,000,000 minimum per occurrence, including'
coverage parts of bodlly injury, property damage, broad form property damage, personal
Injury, independent contractors, blanket contractualli~billty. and completed operations.
(b) Automobile Liabifity with $1,000,000 per occurrence minimum combined single
limits for aU hired, owned, and non-owned vehldes.
,I..'-~
(c) Professional UabiHty with $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,OOO
policy limit for 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
professional or business firms. each such firm shall be required to individually carry the
above cited coverages. '
(f) AU liability coverage shall be through carriers admitted to do business in the State
of Florida. Carriers shall be a minimum financial size of VllI 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. Uability policies shall be
undelWritten 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 insuredsH on all liability policies
(except professlonalliabllity). Certificates of insurance shaU be provided to Joe Pillltary,
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 shan be
the certlficate 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 .
bFllwaeo {be COl1nt)L.8nd _the Consultant arisiOQ-OUt of or relJ'llino to tha_cnnf.r:a.LL______
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
ctalm.
10.10 REPRESENTATIVE OF 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 all communications pertaining to the
day-to-day conduct of the project shall be addressed.
(b) The Consultant shall infonn the Contract Administrator in writing of the
representative of the Consultant to whom matters involving the conduct of the project,
shall be addressed.
13
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
conditions 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 CERTIFICATI;;
Signature of this Agreement by the Consultant shall act. as the execution of a truth--in-
negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation of this Agreement ate accurate, complete, and current at the time of contracting.
The original contract price and any additions-thereto shall be adjusted to exclude any significant
sums by which the County d~termines the contract price was increased due to 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.
10 1::l HEADINGS:
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 State 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 INlEREST:
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 wl1l have. Said disclosure shall be
made by the 00nsultant 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 shali result in the immediate termination of this,
Agreement pursuant to Article II of Chapter 46 of the Escambla County Code of Ordinances.
14
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 shalf be governed by and construed in accordance with the laws of the
State 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 indudes 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 otherwlse in doubt as to the meaning of any
pro.vislon-Of-tbe A,greem(i'nt,....the. Consultant shall immediately. notify...the. ~_ _ _______
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 shaH not
, - aff~ct _ the validity or enforceability of any other portion or provision. Any invalid or
- unenforceabltit 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 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:
At 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
and not for the benefit of any other party,
10.22 FURTHER DOCUMENTS:
The parties shall execute and deliver aU 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 reHnquishment 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: Escambla County, Florida through its Board of
County Commissioners, signing by its Board Chalnnan, 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:
------~~---~~-.~~~.~---------- -.---.-. FtW~ BeckrJnc~ a fo~rofit corporation-.atltbotizecl~~~~,,~,~.~~
to do bus! s in the State of Florida,
By;
. S, ry
d':' ~~~~tE$E
:,' ~. I""J/'~,,/~ iii... "
~ : .. .
, f 1t.r:J.....' i ~
\. , . U.., . '
w~ "., l), :..... ,,'
~-..,.. -<;.- ..It!::l w".-:
" ......~..' 11'O';'~.' ;
. ~/ li'.. ...'" '\&', -;
'*'ti._*iIt.-..."'" 4,",..~~
, ...1' "': "t!. 'i. __.-
. \...,.,.., ....;....,
~ . ,.....
By:
Ice President
Date: &~ '28/ Lea_l
WITNESS
COUNTY:
ESCAMBIA COUNTY, FLORIDA, a political
subdivision a State of Florida acUng by and
through it d authorized Board of County
Commis 'one
WITNESS:
Date:
Bce Approved October 16, 2003
16
"
Exhibit "A"
PD 02~03.79, Professional Services as Governed by FloridC:? Statute 287.055
The resulting ~continuing contract" shl;l.1l provide for issuance of individual Task
Orders based on specific scopes of work. Task Orders '.vill ,be individually
negotiated based on a "Fee Schedule" and any additional negotiated services
required within the scope of work.
UFee Schedulesn 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 pack~ge)
,
,
. ,
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
, Exhibit "Au
PO 02~03.79, Professional Services as Governed by Florida Statute 287.055
Maximum Continuing Contract Fee Schedule Acceptance
In order for a "Continuing Contra~t" 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 Pro-fit - 12%
· Maximum FCCM - 1.50%
o Maxim~m 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 not provide these numbers with your letter of Interest~ :Y-our
acceptance of the aba-ve maximums will suffice.
Individual Task Orders will be negotiated with the "Fee.SchedutesU as a ~ceiHngu.
J Yes, the "Fee Schedule" formula is acceptable.
sIgnature
Title
[ 1 NOj the "Fee Schedule".formu!a is not acceptable.
Signature
Exhjbit "A" Page 2 of 2
BOARD OF COUNTY C01\lIM1SSIONERS
ESCAMBIA COUNTY, FLORIDA
JOSEPH f, PILUTARY, JR., CPPO, CPPB
Purchasing Manager
OFFICE OFPlJRCHASL"'lG
213 PALAFOX PLACE' 2"' Floor
P,O. BOX 1591
PENSACOLA. FL32597-] 591
TELEl"HONB (850) 595....980-
'(SUNCOM) 695-4980
TBLBFAX (850) 595-4&05
http://www.co.escambia.f1.uslplll.Chasing
TASK ORDER - PD 02-03;79.37$WM.03
AGREEMENT WITH RW. BECK, INC.
1.0 AUTHORIZATION
This task order is issued under the terms and conditions of Contract PD 02..Q3_79.37$WM,03 between
R W. Beck, Inc. and Escambia County, FL, for R. W, Beck to assist the County in developing contract
management and reporting for Escambia County Hurricane Ivan debris cleanup and removal as related to
disaster declaration FEMA-1551-DR
2.0 SCOPE
Under this Task Order, R.W. Beck shan provide such disaster services as shown on Attachment A, Scope
of Work,
3.0 SCHEDULE
Work will begin upon authorization from the Escambia County Department of Solid Waste Management.
4.0 COMPENSA nON
This Task br;:ler is issued in accordance with Attachment B, Hourly Billing Rates" '
, ~ u q/z-cf/of "
ISS
~f!'As:-e
Charles M. McLendon
RW. Beck, mc.
'l- Llj-fJ '(
9- 2 f' -- D f
Date '
Date
ATIACBN1ENT A
SCOPE OF WORK
R.W. Beck shall provide disaster response services to assist the COll.'1ty in responding to the
aftennath of Hurricane IVan.
R.W. Beck sha~l perform the following tasks:
~ 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 County's 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;
6. Provide the County with daily operating statistics (cubic yardage conected, 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.
ATIACHMENf B
HOURLY BILLING RATES
The table below proVides hourly bUling rates for the labor categories to be utiHzed for this assignment.
Services performed by RW. Beck will be performed on a time and materials basis, RoW, Beck will
provide the County with an estimate ot'project cost to date on a weekly basis.
Staff Position Hourlv Billing Rate
Principalln CharQe $160
Project Manaaer $150
FEMA Reimbursemen.t Coord. $120
Data Manaaer $88
Schedulino Manager $80
Senior Field Supervisor $95
ReJd Supervisor. ' ' $85
Disposal Site Monitors $75
Collection Monitors $50
Ad ministrativelCterical $48
County shall compensate R. W. Beck for the labor categories shOwn above at the billing rates provided in
the table above plus direct costs associated with travel expenses, administrative expenses, project
supplies, etc. Payments shan be net 30. billed on a monthly basis based on hourty billing rates pfus direct
project expenses.
Position Descriptions
Position Position DescriotionlResponsibililies
Principal in Charge Responsible for overall contract management, conlracting Issues, invoicing. clienl
satlsfacllon elc,
Project Manager Oversees day...to-day project operations. Ensures requlted resources are in place 10
meet needs of City. Inleracts with City's debris coUeclion and disposal contractor to
ensure efficient oooration,
FEMA Reimbursement Resource to City staff to assist in gathering required data. preparing reimbursement
Coordinator forms. etc. .
Data Manager Database development for collection and disposal tickels. Oversees data
. manaoement process.
Scheduling Manager Works with collection contractor to ensure !hat required number of collection and
disposal monitors are ava!1able and scheduled.
Senior Field Supervisor ResponSIble fO( collection monitoring process, Coordinates collection adivities with
i Contractor, Resolves conflicts in field, Ensures contractor is staying within assigned
zone etc.
Field Supervisor Supervises actMtles of collection monitors,
: Collection Monitor Observes debris collection process to facmlate safe, efftcient collection 10. compliance
with FEMA guidelines,
! DisPosal Site Monitor Ensures tickets are completed in accordance with FEMA QUidelines.
I AdminislraliveJClerical I Assist project staff with clerical needs.
2
FIRST AMENDMENT TO AGREEMENT BETWEEN
R. W. BECK, INC. AND ESCAMBIA COUNTY, FLORIDA
FOR DEBRIS MANAGEMENT AND"DISASfER RELATED SERVICES
(P.D, 03-04, IV AN)
1"-
THIS IS THE FIRST AMENDMENT TO THE AGREEMENT entered into on thel:L. day of
September 2004, between Escambia County, Florida, a political subdivision of the State of Florida. with
ai:lministrative 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 of 91 0883905 (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 Ashbritt Environmental, Gulf-Crowder, and DRC, Inc. pertaining to the State
and Federal Roadway System within Escambia County, Florida; and
WHEREAS, R. W. Beck., lne. now agrees it will perfonn all services relating to said contracts in
cooperation with the State of Florida, Department of Transportation.
NOW, THEREFORE, in consideration oitlle mutual tenns, conditions, promises, and covenants
hereinafter set forth, the County and the Company agree to amend the Agreement dated September 20, 2004 as
<,
~~: ~
1. That R. W. Beck, Inc'1 agrees that it shaH 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 Escambia 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 aU State and Federal Roadways for debris
removal.
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.
5. That this Agreement shaH 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 ofeounty Commissioners,
signing by its County Administrator, duly authorized to execute this Agreement, and R. W. Beck. [nc, signing
by and through its President, duly authorized to execute same.
By:
COUNTY:
Escambia County, Florida, a political subdivision
of the State of Florida aeting by and through its
dUIY~Uthori oard of County Commissioners.
BY'~~
eorge Quart, County Administrator
Date: c; Ips /f)f
I /
By:
COMPANY:
R. W. Beck, Inc., a State of Washington
corporation authorized to do business in the State
of Florida.
By:
{Je f7 n~,
-PPTGi t!......l
.Pr'....... ~ ... \.
By:
Date: '-2-"'1- of
DEPARTMENT:
State of Florida, Department of Transportation, an
agency of the State ofFlorida.
By:
Witness
A TT ACHMENT 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
activilies within the County;
3. Provide contract monitoring services in managing the activities of the County's debris contractor(s);
4. Provide debris coUaetion 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 daffy 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
..
ATTACHMENT B
HOURLY BILLING RATES
The table below provides hourly bilUng rates for the labor categories to be utilized for this assignment.
Services performed by RW. Beck ,wilt be performed on a time and materials basis, R.W, Beck will
provIde the County with an estimate o(project cost to date on a week1r basis.
County shall compensate R. W. Bed< for the labor categories shOwn above at the billing rates provided in
Ule table above plus direct costs associated with travel expenses, administrative expenses, project
supplies, etc. Payments shall be net 30, blUed on a monthly basis based on hourly bYDng rates plus direct
project expenses,
Position Descriptions
Position Position OescriotionlResnonsibllilies I
Principal in Charge Responsible for overall contract management, contracting issues, inllQiclng, client I
' satisfaction. etc. ,
Project Manager Oversees day-to-day project operations. Ensures required resources are in place to
meet neOOs of City. Interacts WiIh city's debris collection and olSpOSal contractor to
ensure. efficlant operation.
FEMA Reimbursement Resource to City staff to assist in gathering required data, preparing reimbursement
Coordinator forms. etc.
Data Manager Database development for oolIection end dispOseltickets. Oversees dale
management process.
Scheduling Manager Works with collection contractor to ensure that required number of collection and
<Ilsposal monitors areavaJlahle and sch,eduled,
Senior Field Supervisor Responsible for colfecUon monitorlng process, Coordinates collection activities with
Contractor. Resolves conflicts in field. Ensures contractor is staying within assigned
zone etc,
Field Suoervi$or Supervises acwllles of collection monrtors.
Collection Monitor Observes debris collectioo process to facilitate safe, efficient collection in compliance
with FEMA guidelines,
DiSPosal Site Monitor Ensures tickets are completed in accordance with FEMA Guidelines.
Administrative/Clerical Assist oroiect staff with clerical needs,
2
,.
SECOND AMENDMENT TO AGREEMENT BETWEEN
R. W. BECK, INe. AND ESCA:M.BIA COUNTY. FLORIDA
FOR DEBRIS MANAGEMENT AND DISASTER RELA TED SERVICES
(p.D. 03-04, IV AN)
TIfiS IS THE SECOND AMENDMENT TO THE AGREE:MENT entered into On the 24th day of
September 2004. betwe~n Escambia County. Florida, a political subdivision of the State of Florida. with
administrati ve offices' at 223 South Palafox Place. Pensacola, Florida 32597-1591 (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 of 1001 Fourth Avenue, Suite 2500, Seattle, Washington 98154-1004 and a Federal Tax
Identification Number of 910883905 (hereinafter referred to as the "Company").
WITNESSETH:
\VHEREAS. the Agreement signed by the County and R. W. Beck, Inc., provided that direct expenses to
be borne by the Consultant shall not include project permit fees or compensation owed to subcontractors; and
WHEREAS, the County has now detennined that due to the nature of the work and the basis of its
agreements with debris collection contractors Ashbrirt Environmental, Crowder -Gulf, and DRC. Inc. that it would
be in the best interest of the health, safety, and welfare of the County to establish an administrative fee schedule for
employees, subcontractors, and other personnel utilized by R.W. Beck, Inc. in the perfonnance ofits consultant
services to the County.
WHEREAS, R. W. Beck, Inc. agrees to said fee schedule and affirms it shall continue to perfonn an
consultant services relating to such debris collection contractor contracts in cooperation with the State of Florida,
Department of Transportation and the County.
NOW, TI!EREFORE, in consideration of the mutual reons, conditions, promises, and covenants
hereinafter set forth, the County and the Company agree to amend Section 6.3 "Direct Expenses" of the Agreement
dated September 20, 2004 as foHows:
L That R. W. Beck, Inc.. agrees that it shall perform the services set forth in the original Scope of Work in
cooperation with the State of Florida, Department of Transportation and the Counry relating to all State and Federal
Roadways lying within Escambia County, Florida, and Section 6.3 (b) of the Agreement is hereby revised t9 reflect
an Hourly Billing Rates and Charges Schedule, which is attached hereto and incorporated by reference herein as
Exhibit "B" to the Agreement, for its employees, subcontractors, and other personnel utilized by it in the
performance of such services.
, ,-
I r i '<c_. ~
2, That the Parties hereby agree that all Qther prov isions of the Agreement effective September 20, 2004 not
in conflict with the provisions of this Second Amendment shall remain in full force and effect
3. That the effective date of this Agreement shall be on the date last executed by the Parties.
4. 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 \\'lTNESS 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. duly authorized to execute same.
COUNTY:
Escambia County, Florida, a political subdivision of the State
of Florida actin d through its duly authorized Board of
By:
Date;
COMPANY:
R. W, Beck, lne., a State of Washington corporation
authorized to do business in the State of Florida.
Secretary
By,~nYr~
Pr . nt "
?,....."',,'V'.... \
lulot /61
f (
A TrEST:
Date;
2
.. ~~. I.,..' ~.
EXHIBIT B
HOURLY BILLING R<\ TES 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 Bmine Rate
! I Principal in Charge $160
Project Manaaer $150
FMEA Reimbursement Coord. $120
Data ManaAer $88
Scheduling ManaJ?:er $80
Senior Field Supervisor $95
Field Supervisor $85
Disoosal Site Monitors $15
Collection Monitors $50
Administrative/Clerical $48
Charges for all staff from subconsultants. subcontractors. and independent contractors hired by R W. Beck for any of the
labor categories listed above shaH be billed at actual cost plus an hourly administrative fee as foUows:
Other Staff Hourlv Admin. Fee
Aerotek staff $30
Indeoendent contractor staff $30
Hatch Mott MacDonald staff $5
Brown Thornton Pacenta staff $5
Baskerville Donoyan staff $5
All other staff $5
Services performed 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 stlpplies. 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.
Position Position DescrlptionIResvonsibilities I
Principal in Charge Responsible for overall contract management, contracting issues, invoicing. client satisfaction, !
etc. !
Project Manager Oversees day-to-day project operations. Ensures required resources are in place to meet needs of
City. Interacts with City's debris conection and disposal contractor to ensure efficient operation.
FMEA Reimbarsement Resource 10 City staff to assist in gathering requited data. preparing reimbursement forms. etc. I
Coord. !
Data Manager Database develoDment for collection and disoosa! tickets. Oversees data mana1;ement orocess. ;
Scheduling Manager Wodes with collection conlractor to ensure that required number of collection and disposal
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 sillviUlI within assiWled zone, etc.
Field Supervisor Supervises activities of collection monitors. I
Disposal Site Monitors Ensures tickets are completed in accordance with FEMA guidelines. I
Collection Monitors Observes debris colIection process to facilitate safe, efficient collection in compliance with ,
1
FEMA guidelines. j
AdministrativeJClerical Assist project staff with clerical needs.
Revision 2 . September 30, 2004