HomeMy Public PortalAboutCRA- Poly Inc (111)City of Crestview, Florida
Community Redevelopment Area
PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES
CONTINUING SERVICES CONTRACT
THIS AGREEMENT is made this Xi- day of IliteurtJN, 2018, between CITY OF
CRESTVIEW COMMUNITY REDEVELOPMENT AGENCY, a body politic and corporate,
whose address is 198 Wilson St N, Crestview, Florida 32536, the "CRA", and POLY, INC.,
whose address is 102 Sunset Lane, Shalimar, Florida 32579, the "Consultant".
WHEREAS, the CRA desires to engage Consultant to provide professional
engineering services on an as -needed basis; and
WHEREAS, Consultant desires to render professional engineering services as
described in the Scope of Services, and has the qualifications, experience, staff and
resources to perform those services; and
WHEREAS, the CRA may use service providers which the City of Crestview has pre-
screened and is using, and the City has recently entered into a contract with Consultant for
certain services and the CRA has determined that it would be in the best interest of the
CRA to award a contract to Consultant for the rendering of those services that do not
exceed $35,000 per task (per FS 287.055) as described in the Scope of Services.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereto agree as follows:
SECTION 1: EMPLOYMENT OF CONSULTANT. The CRA hereby agrees to
engage Consultant and Consultant hereby agrees to perform the services set forth in the
Scope of Services.
SECTION 2: SCOPE OF SERVICES. Consultant shall provide, on an as -needed
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basis, the professional engineering and architectural services in accordance with the Scope
of Services attached hereto as Exhibit A. Services will be awarded on a project -by -project
basis that may include any or all of the services listed in Exhibit A, or services not
specifically mentioned but directly related to the specific discipline of the Consultant. There
is no guarantee of any minimum volume of work during the contract period, and the CRA
reserves the right to award work based on factors determined to be in the best interest of
the CRA. Consultant may hire sub -consultants to be used for portions of the required
services; however, the primary Consultant must be responsible for all the work performed.
The contract amount for services on any single project or task order will not exceed the limit
set forth by current Florida Statute. Assignments are to be carried out only after a
description of the work to be accomplished has been agreed -to in writing, a written estimate
of the cost for the assignment has been found acceptable to the CRA, and a written task
order has been issued by the CRA.
SECTION 3: THE CRA'S RESPONSIBILITY. Except as provided in the Scope of
Services, the CRA's responsibilities are as follows:
A. To provide, within a reasonable time from the request of Consultant, existing
data, plans, reports, and other information in the CRA's possession or under the CRA's
control which are necessary for the performance of the duties of Consultant as described in
the Scope of Services; and to provide full information regarding requirements of the Scope
of Services, including objectives, budget constraints, criteria, and other requirements that
exist at the time of signing of this Agreement or which may develop during the performance
of this Agreement.
B. To give prompt written notice to Consultant if the CRA observes or otherwise
becomes aware of any fault or defect in the Scope of Services or non-conformance with the
documents which comprise this Agreement.
C. To furnish required information and services and render approvals and
decisions as necessary for the orderly progress of the Consultant's services.
D. The CRA hereby designates the CRA Director or their designee to act on the
CRA's behalf with respect to the Scope of Services. The Director or their designee shall
have complete authority to transmit instructions, receive information, and interpret and
define CRA's policies and decisions with respect to materials, elements, and systems
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pertinent to Consultant's services.
SECTION 4: CONTRACT TIME.
A. The term of this contract shall be for THREE (3) years, beginning on the date
of its complete execution, with option to renew for 1 additional term of THREE (3) years, at
the sole discretion of the CRA, unless earlier terminated by the Crestview CRA Board.
B. Consultant agrees to commence work in accordance with the time specified
in each task order and complete the work within the time specified in the task order. The
Consultant shall work on each task order continuously and expeditiously from the time the
task order is issued. In the event that Consultant is delayed by acts of God, changes in the
Project, extras to the task order, or failure of the CRA to make timely and proper payments,
then Consultant shall, within forty-eight (48) hours of start of the delay, give written notice
and request for an extension of time from the CRA.
C. If Consultant fails, through its own fault, to complete the performance required
in a task order within the time set forth, as duly adjusted, then CRA shall be entitled, as its
sole remedy, to the recovery of direct damages, if any, resulting from such failure.
D. No Damages for Delay/Cumulative Impact; Consultant shall not be entitled to
any recovery for loss, expense, or damage due to delay. The Consultant shall not be
entitled to any recovery for loss, expense, or damage as a result of cumulative impact due
to change orders.
SECTION 5: COMPENSATION. Compensation for the Scope of Services
performed by the Consultant shall be payable as follows:
A. The compensation basis shall be either lump sum or time and materials, both
based on the rates set forth in the Rate Schedule attached hereto as Exhibit B, and as set
forth in the approved written task order for each assignment.
B. Compensation for travel expenses shall be as set forth in Section 112.061
Florida Statutes.
C. Consultant shall prepare and submit to the CRA Board for approval monthly
invoices for the services rendered under this Agreement. Invoices for services shall be paid
in accordance with the Florida Prompt Payment Act. All invoices shall be accompanied by a
report identifying the nature and progress of the work performed. The statement shall show
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a summary of fees with an accrual of the total fees billed and credits for portions paid
previously. The CRA reserves the right to withhold payment to Consultant for failure to
perform the work in accordance with the provisions of this Agreement, and the CRA shall
promptly notify Consultant if any invoice or report is found to be unacceptable and shall
specify the reasons therefor.
D. All representations, indemnifications, warranties and guaranties made in,
required by, or given in accordance with this Agreement, as well as all continuing
obligations indicated in this Agreement, will survive final payment and termination or
completion of this Agreement.
SECTION 6: DOCUMENTS. The documents which comprise this Agreement
between the CRA and the Consultant are attached hereto and made a part hereof and
consist of the following:
A. This Agreement;
B. Any written amendments, modifications or Addenda to this Agreement.
C. Any task order and attachments thereto issued pursuant to this Agreement;
D. Notice of Award and Notice to Proceed issued by CRA of Crestview;
SECTION 7: GENERAL CONSIDERATIONS.
A. Ownership and Use of Documents; The documents prepared by the Consultant
pursuant to this Agreement are instruments of the Consultant's service for use solely with
respect to this Agreement. All reports, documents and materials prepared relating to
services rendered hereunder shall be the property of the CRA, provided payment for
applicable fees for their production has been made to the Consultant in accordance with the
terms of this Agreement. The CRA shall retain and use the Consultant's documents for
public record, information and reference and make use in connection with the CRA's
compliance with any federal, state, county or city laws, codes, requirements, permits or any
other mandate whatsoever.
B. Equal Opportunity Employment; In connection with the work to be performed
under this Agreement, Consultant agrees to comply with the applicable provisions of State
and Federal Equal Employment Opportunity statutes and regulations.
C. Standard of Performance; Consultant shall perform and complete the Scope of
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Services in a timely manner and in accordance with the standard of care, skill, and diligence
customarily provided by an experienced professional in his or her field of expertise when
rendering the same services, and in accordance with sound principles and practices
generally acknowledged by professionals in his or her field of expertise.
SECTION 8: DISCLOSURE REGARDING SECURING CONTRACT. Consultant
warrants that it has not employed or retained any company or person, other than a bona
fide employee, working solely for Consultant, to solicit or secure this Agreement and that
Consultant has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for Consultant, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this provision, the CRA shall have
the right to terminate this 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.
SECTION 9: TRUTH-IN-NEGOTIATIONS/PUBLIC ENTITY CRIMES AFFIDAVIT.
Consultant certifies that wage rates and other factual unit costs supporting the
compensation submitted are accurate, complete, and current at the time of contracting. The
original contract price and any additions thereto shall be adjusted to exclude any significant
sums by which the CRA determines the contract price was increased due to inaccurate,
incomplete, or non -current wage rates and other factual unit costs. Consultant represents
that it has furnished a Public Entity Crimes Affidavit pursuant to Section 287.133, Florida
Statutes, to the CRA.
SECTION 10: INSURANCE.
A. The Consultant shall purchase and maintain such commercial (occurrence
form) or comprehensive general liability, professional liability, workers compensation, and
other insurance as is appropriate for the services being performed hereunder by Consultant,
its employees or agents. The amounts and types of insurance shall conform to the following
minimum requirements:
1. Worker's Compensation Coverage must apply for all employees and
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statutory limits in compliance with the applicable state and federal laws. In addition,
the policy must include the following:
a. Employer's Liability with a minimum limit per accident in
accordance with statutory requirements.
b. Notice of Cancellation and/or Restriction. The policy
must be endorsed to provide CRA with ten (10) days' written notice of
cancellation and/or restriction.
2. Comprehensive General Liability Coverage must include:
a. $1,000,000 combined limit per occurrence for bodily
injury, personal injury, and property damage.
b. Contractual coverage applicable to this specific contract,
including any hold harmless and/or indemnification agreement.
c. Additional Insured. CRA is to be specifically included as
an additional insured.
d. Notice of Cancellation and/or Restriction. The policy
must be endorsed to provide CRA with ten (10) days' written notice of
cancellation and/or restriction.
3. Comprehensive Automobile Liability Coverage must be afforded on a
form no more restricted than the latest edition of the Comprehensive Automobile
Liability Policy filed by the Insurance Services Office and must include:
a. $1,000,000 combined single limit per accident for bodily
injury and property damage.
b. Owned Vehicles.
c. Hired and Non -Owned Vehicles.
d. Employee Non -Ownership.
e. Additional Insured. CRA is to be specifically included as
an additional insured.
f. Notice of Cancellation and/or Restriction. The policy
must be endorsed to provide CRA with ten (10) days' written notice of
cancellation and/or restriction.
4. Professional Liability Coverage must include:
a. Minimum limits of $5,000,000 per occurrence and in the
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aggregate for claims of malpractice, negligence, errors, and omissions.
b. Notice of Cancellation and/or Restriction. The Policy
must be endorsed to provide CRA with ten (10) days' prior notice of
cancellation and/or restriction of coverage by changed exclusion.
B. Certificates of Insurance evidencing the insurance coverage specified in this
Section shall be filed with the CRA. The Certificates of Insurance shall be filed with the
CRA before this Agreement is deemed approved by the CRA. The required Certificates
of Insurance not only shall name types of policies provided, but also shall refer specifically
to this Agreement. All the policies of insurance so required of Consultant, except
professional liability and workers' compensation insurance, shall be endorsed to include as
additional insured: the CRA, its officers, employees, and agents. If the initial insurance
expires prior to completion of the work, renewal Certificates of Insurance shall be furnished
thirty (30) days prior to the date of their expiration.
C. Insurance coverage shall be placed with insurers or self-insurance funds,
satisfactory to the CRA, licensed to do business in the State of Florida and with a resident
agent designated for the service of process. All insurers shall have an "A" policyholder's
rating and a financial rating of at least Class IX in accordance with the most current Best's
rating. Consultant shall provide the CRA with financial information concerning any self
insurance fund insuring Consultant. At the CRA's option, a Best's rating or Self -Insurance
Fund financial information may be waived.
D. The CRA reserves the right to modify its insurance requirements with 60 days
notice to Consultant.
SECTION 11: LICENSING. The Consultant shall obtain all permits and maintain at
its expense all professional and business certificates and licenses required by law and as
necessary to perform services under this Contract. If Consultant performs any work without
obtaining, or contrary to, permits and licenses, Consultant shall bear all costs arising
therefrom. The CRA may request City waiver of fees for City controlled permits, but in no
instance can the CRA waive permit requirements or fees beyond its control.
SECTION 12: PERFORMANCE OF WORK/RESPONSIBILITIES. For each task,
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the Consultant will be issued a task order by the CRA's Director or designee. The Director
or designee will issue verbal work orders only in emergency situations. The Consultant
shall commence work in a reasonable length of time and shall complete the work in an
expeditious manner. In emergency situations, the Consultant shall endeavor to commence
work immediately. All work shall be done under the supervision of the CRA's Director or
designated representative. The performance of work and responsibilities hereto are
outlined and made a part hereof in the Task Order attached.
SECTION 13: TERMINATION FOR DEFAULT. The Contract will remain in force
for the full period specified and until the CRA's Director or designee determines that all
requirements and conditions have been satisfactorily met and the CRA's Director or
designee has accepted the work under the Contract Documents following the initial contract
terms and all subsequent contract terms, including warranty and guarantee periods.
However, the CRA's Director will have the right to terminate this Contract sooner if the
Consultant has failed to perform satisfactorily the work required or comply with the other
requirements of the Contract.
In the event the CRA's Director decides to terminate this Contract for the Consultant's
failure to perform satisfactorily or meet its other responsibilities under the Contract, the
CRA's Director will give the Consultant five (5) days notice, whereupon the Contract will
terminate, unless during the notice period the Consultant cures the failure to perform or
meets its other responsibilities under the Contract to the satisfaction of the CRA's Director.
Upon Contract termination for the Consultant's failure to provide satisfactory contract
performance, the Consultant will be entitled to receive compensation for Contract service
satisfactorily performed by the Consultant and allocable to the Contract and accepted by the
CRA's Public Services Director or his designee prior to such termination. However, an
amount equal to all additional costs required to the expended by the CRA to complete the
work covered by the Contract, including costs of delay in completing the project, shall be
either subtracted from any amount due or amount charged to the Consultant in the event
the CRA's Director terminates the Contract.
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Except as otherwise directed by the CRA's Director, in the case of termination for default
(in which event the Consultant may be entitled to cure, at the option of the CRA's Director),
the Consultant shall stop work on the date of receipt of the notice or other date specified in
the notice, place no further orders or subcontract for materials, services or facilities except
as are necessary for the completion of such portion of the work not terminated, and
terminate all contractor and subcontracts and settle all outstanding liabilities and claims. In
the event that any termination for default shall be found to be improper or invalid by any
court of competent jurisdiction, then such termination shall be deemed to be a termination
for convenience.
SECTION 14: TERMINATION FOR CONVENIENCE. The performance of work
under this Contract may be terminated by the CRA's Director in whole or in part whenever
the CRA's Director, in their discretion, determines that the termination is in the CRA's best
interest. Any such termination shall be affected by the CRA's Director giving at least five (5)
days' notice to the Consultant, specifying the extent to which performance of the work under
this Contract is terminated and the date upon which termination becomes effective.
As to termination for convenience, after receipt of the date of termination, the Consultant
shall stop all work as specified in the notice; place no further orders or subcontract for
materials, services, or facilities except as are necessary for the completion of such portion
of the Work not terminated; immediately transfer all documentation and paperwork for
terminated work to the CRA; and terminate all contractors and subcontracts and settle all
outstanding liabilities and claims.
SECTION 15: GOVERNING LAW. The parties intend that this Contract and the
relationship of the parties shall be governed by the laws of the State of Florida. Venue for
any action arising out of this contract shall be in Okaloosa County, Florida, and nowhere
else.
SECTION 16: ATTORNEY'S FEES. In any dispute relating to this Contract, each
party shall be responsible for their respective attorney's fees and costs.
SECTION 17: SUCCESSORS AND ASSIGNS. The CRA and Consultant bind
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themselves, their partners, successors, assigns, and legal representatives to the other party
to this Agreement and to the partners, successors, assigns, and legal representatives
of such other party with respect to all covenants of this Agreement. Neither the CRA nor
Consultant shall assign or transfer any interest in this Agreement without the written
consent of the other.
SECTION 18: PUBLIC ACCESS.
Consultant shall comply with the requirements of Florida's Public Records law.
In accordance with Section 119.0701, Florida Statutes, Consultant hereby certifies that
POLY, INC. shall:
a. Keep and maintain public records that ordinarily and necessarily would be required
by Crestview CRA in order to perform the service.
b. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided under Florida's Public Law or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of this contract if
Contractor does not transfer the records to the public agency: and
d. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of Contractor or keep and maintain public records required by
the public agency to perform the service. If Contractor transfers all public records to
the public agency upon completion of the contract, Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If Contractor keeps and maintains public agency,
upon request from public agency's custodian of public records, in a format that is
compatible with the information technology systems of the Crestview CRA.
e. If Contractor has questions regarding the application Chapter 119, Florida
Statutes, to Contractor's duty to provide public records relating to this
Agreement, Contractor shall contact the Custodian of Public Records at:
City Clerk, City of Crestview
198 North Wilson Street
P.O. Box 1209
Crestview, Florida 32536
(850) 682-1560 Extension 250
citvclerk(a�citvofcrestview.org
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f. In the event the Crestview CRA must initiate litigation against Contractor in order to
enforce compliance with Chapter 119, Florida Statutes, or in the event of litigation
filed against the Crestview CRA because Contractor failed to provide access to
public records responsive to a public record request, the Crestview CRA shall be
entitled to recover all costs, including but not limited to reasonable attorneys' fees,
costs of suit, witness, fees, and expert witness fees extended as part of said
litigation and any subsequent appeals.
SECTION 19: EXTENT OF AGREEMENT.
A. This Agreement represents the entire and integrated agreement between the
CRA and Consultant and supersedes all prior negotiations, representations, or agreement,
either written or oral.
B. This Agreement may only be amended, supplemented, modified, changed, or
canceled by a duly executed written instrument.
C. This is a nonexclusive contract. The CRA has the right to enter into contracts
with other consultants for the providing of engineering consulting services.
SECTION 20: INDEMNIFICATION OF THE CRA.
A. Consultant shall indemnify and hold the CRA, its officers and employees,
harmless from and against any losses, damages, costs, and liabilities, including attorney's
fees (including regulatory and appellate fees), or causes of action of whatsoever kind or
nature, including, but not limited to, bodily injury, sickness, disease or death, infringement of
copyright or patent, or injury to or destruction of property, which arise out of or are related to
or in any way connected with this Agreement, but only to the extent caused by negligent
act, error, or omission of Consultant, its agents, servants, or employees in the performance
of services under this Agreement.
B. The Consultant shall indemnify and hold harmless the CRA against all liens and
claims of mechanics and materialmen furnishing labor and materials arising out of the
performance of Consultant's professional services.
SECTION 21: INDEPENDENT CONTRACTOR. Neither the CRA nor any of its
employees shall have any control over the conduct of Consultant or any of Consultant's
employees, except as herein set forth, and Consultant expressly warrants not to represent
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at any time or in any manner that Consultant. or any of Consultant's agents, servants or
employees are in any manner agents, servants, or employees of the CRA. It is understood
and agreed that Consultant is, and shall at all times remain, as to the CRA, a wholly
independent contractor and that Consultant's obligations to the CRA are solely as
prescribed by this Agreement.
SECTION 22: CONSTRUCTION. The parties have participated jointly in the
negotiation and drafting of this Contract. In the event of an ambiguity or if a question of
intent or interpretation arises, this Contract shall be construed as if drafted jointly by the
parties and no presumption or burden of proof shall arise favoring or disfavoring any party
by virtue of the authorship of any provision of this Contract.
SECTION 23: HEADINGS. The headings of sections are for convenient reference
only and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such
sections or subsections.
SECTION 24: SEVERABILITY. If any section, subsection, term or provision of this
Contract or the application thereof to any party or circumstance shall, to any extent, be
invalid or unenforceable, the remainder of said section, subsection, term or provision of this
Contract or the application of same to parties or circumstances other than those to which it
was held invalid or unenforceable, shall not be affected and thereby each remaining
section, subsection, term or provision of this Contract shall be valid or enforceable to the
fullest extent permitted by law.
SECTION 25: SOVEREIGN IMMUNITY. The parties further agree, nothing
contained herein is intended nor shall be construed to waive the Crestview CRA's rights and
immunities under the Florida Constitution, common law, or Florida Statutes 768.28, as
amended from time to time.
SECTION 26: NOTICES. All notices under the Contract shall be in writing and
shall be effective when mailed by certified mail, return receipt requested, or when delivered
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personally, as provided hereafter, or to such other addresses as may be designated by
notice.
Consultant Contact: City Contact:
Beth Brant, P.E. Alisa Burleson
P.O. Box 841 198 Wilson N.
Shalimar, FL 32579 Crestview, FL 32536
(850) 609-1100 850-689-3722
bbrant@poly-inc.com cradirector(cr�citvofcrestview.orq
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
ATTEST:
Elizabeth M. Roy
City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Cie&
Carol Leone
CRA Attorney
STATE OF FLORIDA
COUNTY OF OKALOOSA
Crestview CRA
By:
J.B
itten, Board Chair
Date:
POLY, INC.
By' 4
Date: March 12, 2018
Acknowledged and subscribed before �m�eJ the undersigned n tary on
14({�%-- �.� , 2018, by , j�CC e �I.�/�adity, , the ttitle)
, with legal corporate authority, awho is known to me;.,
of poivi /A16.
or has produced identification of:
��'`� Notary Public State of Florida
. Melissa A Mitchell
My Commission GG 036897
or Expires 01/18/2021
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N tary Public
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EXHIBIT "A"
Poly, Inc.
Scope of Services
March 12, 2018
• Parks and Recreational Facilities
• Water Storage and Distribution
• Wastewater Transmission, Treatment and Disposal or Reuse
• Water Treatment and Supply
• Industrial Water Supply and Wastewater Treatment
• Stormwater Hydraulic Studies and Infrastructure Design
• Stormwater Retention and Treatment
• Surveying
• Pressure Pipe System Modeling
• HVAC Design and Inspection
• Electrical Design and Inspection
• Paving and Drainage
• Traffic Studies
• Road and Bridge
• Solid Waste Disposal
• Architectural Design
• Landscape Architecture
• Geotechnical Engineering
• Environmental Laboratory
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EXHIBIT "B"
POLY, INC.
HOURLY RATE & DIRECT EXPENSE SCHEDULE
Classification
Sr. Principal E/A; Program Manager
Principal E/A III
Principal E/A II; Sr. Project Manager
Principal E/A I; PLS; Project Manager
Professional E/A IV
Professional E/A III
Professional E/A II
Professional E/A I
Sr. E/A Tech; Sr. Designer
Project E/A; E/A Intern
E/A Tech; Designer
CADD Tech III
CADD Tech II
CADD Tech I
GIS Tech
Sr. Environmental Scientist
Environmental Scientist; Lab Mgr.
Lab Chemist
Lab Technician
Survey 3-Person
Survey 2-Person
Survey 1-Person
Sr. Resident Project Rep.; Sr. Field Tech
Resident Project Rep. II; Field Tech II
Resident Project Rep. I; Field Tech I
Sr. Grant Writer
Grant Writer
Admin/Clerical II
Admin/Clerical I
Subconsultants
Billing Rate
$190
$170
$145
$125
$140
$125
$110
$95
$92
$87
$77
$61
$54
$36
$95
$102
$82
$66
$51
$200
$140
$105
$92
$77
$61
$115
$75
$56
$48
Cost + 10%
Rates shown are effective through
Notes:
1. The rates above are inclusive of all computer and software use, standard reproduction, vehicle usage, telephone
charges, and standard (USPS) mailing.
2. Special tools or equipment shall be approved by task order and billed at cost.
3. Overnight travel, mileage, and meals (outside of Okaloosa County) shall be billed at cost.
4. Special reproduction (board mounts, displays, laminating etc.) shall be billed at actual cost for materials and added
to the preparation costs (if any).
5. Special shipping (FEDEX, UPS, or USPS Priority or Registered Mail) shall be billed at cost. Page 16 of 16