Backup Documents 05/10/2011 Item #16E 1
.16E 1
,
MEMORANDUM
Date:
May 26, 2011
To:
Diana De Leon, Contract Technician
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #10-5485: Assumption Agreement ofRW Beck
Contractor: SAlC Energy Environmental & Infrastructure
Attached, is an original of the contract referenced above (Item #16E1),
approved by the Board of County Commissioners on Tuesday, May 10, 2011.
The second original contract will be held on file with the Minutes and Record's
Department in the Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
~\
16E
1
'It
eo'frerCounty
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-8375
FAX: (239) 252-6597
Email: dianadeleon@collierqov.net
www.collierqov.netlourchasinq
Administrative Services Civision
P.urc/1asing:
Memorandum
Subject:
Assumption of RW Beck by SAIC Energy Environment & Infrastructure
Date:
May 12, 2011
From:
Diana De Leon, Contract Technician, Purchasing Dept.
To:
Ray Carter, Risk Management
This Contract was approved by the BCC on May 10, 2011 Agenda Item 16E1.
The County is in the process of executing this contract with SAIC. The assumption cannot take place until
verification is received from Risk that all the insurance requirements, per the contract, have been met. The
insurance requirements are on page C-1 of the original agreement.
Please review the Insurance Certificate(s) for the referenced Contract.
. If the insurance is not in order. please contact the vendor/insurance company to obtain a proper
certificate. Once you receive the proper certificate(s), please acknowledge your approval and send
to the County Attorney's office via the attached Request for Legal Services.
· If the insurance is in order. please acknowledge your approval and send to the County Attorney's
office via the attached Request for Legal Services.
If you have any questions, please contact me at the above referenced information.
s;f154
Date
(Please route to County Attorney via attached Request for Legal Services)
DATE: RECEIVED
MAY 13 2011
RISK ~
G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewofInsurance4/15/2010/16/09
16E 1
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of Met ~ ( 0 , 2011 by
and between SAlC Energy, Environment & Infrastructure, LLC ("SAlC"), and Collier County, a
political subdivision of the State of Florida ("County").
WHEREAS, on July 27, 2010 the County entered into Contract 10-5485 "Engineering,
Technical Support and Financial Consulting Services for Solid Waste" with R.W. Beck, Inc.
(RW Beck) (attached hereto as Exhibit A, and hereinafter refen-ed to as the "Agreement"); and
WHEREAS, SAlC hereby represents to Collier County that by virtue of an asset purchase
agreement, SAlC is the successor in interest to RW Beck in relation to the Agreement; and
WHEREAS, the parties wish to formalize SAlC's assumption of rights and obligations
under the Agreement, effective as of the date first above written.
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties, it is agreed as follows:
1. SAlC accepts and assumes all rights, duties, benefits, and obligations of the
Consultant under the Agree~ent, including all existing and future obligations to pay and perform
under the Agreement.
2. SAlC will promptly deliver to County evidence of insurance consistent with the
Agreement.
3. Except as expressly stated, no further supplements to, or modifications of, the
Agreement are contemplated by the parties.
4. Notice required under the Agreement to be sent to Consultant shall be directed to:
CONSULTANT:
SAlC Energy, Environment & Infrastructure, LLC
1000 Legion Place, Suite 1100
Orlando, FL 32801
Attention: Robert Craggs
5. The County hereby consents to SAlC assumption of the Agreements. No waivers
of performance or extensions of time to perform are granted or authorized. The County will treat
SAlC as the Consultant for all purposes under the Agreement.
1
.16E 1
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date fIrst above written.
FOR COLLIER COUNTY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Date: C'-\ 13 20 II
nfrastructure, LLC .--."
..+/) /' c...~. .~
Attest~d~d{' . J ~~
Jrst;;+ c COrporate Secretary
Date: 0 l{ { (~ I 2JO { (
2
16E 1
M:EMORANDUM OF INSURANCE
This Memorandum is Issued as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of this
Memorandum. This Memorandum does not amend, extend or alter the coverage described below. This Memorandum may only be copied, printed and
distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use. Any other use, duplication or distribution
of this Memorandum without the consent of Science Applications International Corp. (SAIe) is prohibited. "Authorized viewer" shall mean an entity or person
which is authorized by the insured named herein to access this Memorandum via httD:/Iwww.saic.com/customer/moi/ . The Information contained herein is
valid as of today's date, and shall be updated upon any material policy changes and upon each policy's renewal.
BROKER COMPANIES AFFORDING COVERAGE
Marsh Risk & Insurance Services ("Marsh") Co. A National Union Fire Insurance Company of Pittsburgh, PA
INSURED Co. B New Hampshire Insurance Company
SAlC Energy, Environment & Infrastructure, LLC Co. C The Insurance Company of the State of Pennsylvania
A wholly owned subsidiary ofSAIC Co. D Underwriters at Lloyd's, .London (A F Beazley #623 & #2623)
One Benham Place, 9400 North Broadway, Suite 300 Co. E Factory Mutual Insurance Company
Oklahoma City, OK 73114
COVERAGES .
.
THE POllCIES OF INSURANCE llSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POllCY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACf OR OTHER DOCUMENT WITH RESPECf TO WHICH THIS MEMORANDUM
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POllCIES DESCRIBED HEREIN IS SUBJECf TO ALL THE TERMS, EXCLUSIONS AND
CONDmONS OF SUCH POllCIES. llMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS
LTR DATE DATE
GENERAL GENERAL $ 10,000,000
A LIABIlJTY GL 4406261 04/01/11 04/01/12 AGGREGATE
PRODUCTS- S 2,000,000
COMMERCIAL COMP/OP AGG
GENERAL LIABILTIY PERSONAL & ADV $ 1,000,000
INCLUDING INJURY
CONTRACTUAL EACH $ 1,000,000
LIABILTIY (per ISO OCCURRENCE
Form CGOOOl 12107) FIRE DAMAGE (ANY $ 1,000,000
OCCURRENCE FORM ONE FIRE)
MED EXP S 10,000
(ANY ONE PERSON)
AUTOMOBILE COMBINED SINGLE S 1,000,000
A LIABILITY CA 4309415 04/01/11 04/01/12 LIMIT
COVERING ANY (All Other States)
A OWNED AUTOS, CA 4309417 (MA) 04/01/11 04/01/12
HIRED AUTOS &
A NON-OWNED AUTOS CA 4309416 (VA) 04/01/11 04/01/12
UMBRELLA EACH S 10,000,000
A LIABILITY 25030246 04/01/11 04/01/12 OCCURRENCE
UMBRELLA FORM AGGREGATE S 10,000,000
B WORKERS WC 061967336 04/01/11 04/01/12 WORKERS COMP STATIITORY
COMPENSATION (All Other States) LIMITS
C AND EMPLOYERS' WC 061967337 (CA) 04/01/11 04/01/12 EL S 3,000,000
LIABILITY EACH ACCIDENT
C INCLUDES USL&H WC 061967341 (MA) 04/01/11 04/01/12 EL DISEASE - $ 3,000,000
B WC 061967338 (FL) 04/01/11 04/01/12 POLICY LIMIT
'IRE PROPRIETOR/ EL DISEASE - S 3,000,000
B PARTNERS / WC 061967339 (TX) 04/01/11 04/01/12 EACH EMPLOYEE
EXECUTIVE WC 061967340 (WI) 04/01/11 04/01/12
A OFFICERS ARE:
INCLUDED
PROFESSIONAL EACH CLAIM $ 10,000,000
D LIABILITY QF 026610 06/30/10 06/30/11
INCLUDING AGGREGATE S 10,000,000
CONTRACTOR'S
POLLUTION LEGAL
LIABILTIY
CLAIMS MADE BASIS
ALL RISK AMOUNT OF $ 1,000,000
E PROPERTY UB755 10/01/10 10/01/11 INSURANCE
INCLUDING ALL
REAL & PERSONAL
PROPERTY OF
INSURED, AND
PROPERTY OF
OTHERS WHERE
REQUIRED
The Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized.
MEMORANDUM OF INSURANCE -
This Memorandum Is Issued as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of this
Memorandum. This Memorandum does not amend, extend or alter the coverage described below. This Memorandum may only be copied, printed and
distributed within an authorized viewer and may only be used and viewed by an authorized viewer for Its internal use. Any other use, duplication or distribution
of this Memorandum without the consent of Science Applications International Corp. (SAle) Is prohibited. "Authorized viewer" shall mean an entity or person
which Is authorized by the Insured named herein to access this Memorandum via htto:/fwww.saic.com/customer/moi/. The information contained herein is
valid as of today's date, and shall be updated upon any material policy changes and upon each policy's renewal.
BROKER INSURED
Marsh Risk & Insurance Services ("Marsh") SAlC Energy, Environment & Infrastructure, LLC (aka SEE&I)
777 South Figueroa Street a wholly owned subsidiary ofSAlC
Los Angeles, CA 90017 One Benham Place, 9400 North Broadway, Suite 300
Oklahoma City, OK 73114
ADDITIONAL INFORMATION
The following entities are additional Named Insureds: Benham Constructors, LLC; Benham DB, Inc.; BenhamlEllerbe Becket, LLC; The Benham Group, Inc.; The Benham
Group of Nevada, Inc.; Benham International, Inc.; Benham Investment Holdings, LLC; Benham Military Communities LLC; Benham of Michigan, Inc.
Please note that the above Liability policies are endorsed to provide that our customers aud auy other organizations or persous where required by contract or
agreement we enter into are named as Additional Insureds under these policies. Additionally, coverage applies on a primary basis where required by contract, and,
a waiver of subrogation is provided in favor of any person or organization required pursuant to the terms of any contract or agreement we enter into.
Please note that the above Property policy is endorsed to provide that our customers and any other organizations or persons where required by contract or
agreement we enter into are named as Loss Payees As Their Interest May Appear under this policy.
Should you wish to view these endorsements, or print a copy for your files, please click on the below links,
GENERAL LIABILITY ENDORSEMENTS:
Additional Insured - Where Required Under Contract Or Agreement (AlG Form 61712 (9/01))
'1 aie.comlcustomer/moi/downloadlm. Where Rem,ire<! hv rontra';.n_F
Additional Insured - Managers or Lessors of Premises (Form CG 20 11 01 96)
hnn'/Iw\Vw slie com/customerhnoi/do~loadlGL MI!T or Lesson; of Premises.odf
Additional Insured - Lessor of Leased Equipment (CG 2028 07 04)
hnn'/I~ -ai i/downloadlGL Lessor of LeasedEowo.odf
Additional Insured- Vendors (Form CG 20150704)
httn'/Iwww 'e e ome'/moi/downloadlGL Vendon;.odf
Additional Insured - PrimaI)' Insurance (AlG Form 74434 (10/99))
htto:/Iwww.saie.comlcustnmerlmoi/ Pri;"arv Tnsurnnce.ndf
Waiver Of Transfer Of Rights Of Recovery Against Others To Us (CG 2404 10 93)
hnn'/lwww saie com/customer/moi/downloadlGL Waiver of Subm""tion.ndf
AUTOMOBILE LIABILITY ENDORSEMENTS:
Additional Insured - Where Required Under Contract Or Agreement (AlG Form 87950 (10/05))
httn'/Iwwwsaiccoml"mnmer/mni/downloadlAL Where Ren'd
Lessor-Additional Insured and Loss Payee (CA 20011001)
htlo:/Iwww.saie com/eUSlomer/moi/downloadlAL Lessor Loss Pavee.odf
Insurance Primary As To Certain Additional Insureds (AlG Form 74445 (10/99))
hnn'/lwww.saie com/customer/moi/downloadlAL PnmArv ln~'red.ndf
Waiver of Transfer of Rights Of Recovery Against Others To Us (AlG Form 62897 (06/95))
hnn'/lwww.saie com/cuslomer/moi/downloadlAL Waiver ;;F Subm~rion.ndf
WORKERS' COMPENSA nON & EMPLOYERS LIABILITY ENDORSEMENTS:
Waiver of Our Right To Recover From Others
IhttD:/lwww.saic com/customer/moi/downloadlWC Waiver of Subro~ation_Ddr
Alternate Employer Endorsement
UMBRELLA LIABILITY ENDORSEMENTS:
Additional Insured - please note that because the AlG Umbrella Prime form #80517 05/06 policy definition of an Insured includes: "Any person or organization, other than the
Named Insured, included as an additional insured under the Schedule of Underlying Insurance, but not for broader coverage than would be afforded by such Schedule of
Underlying Insurance" that there is no separate Additional Insured endorsement applicable to this policy. Therefore, if you are an Additional Insured on the General Liability
or Automobile Liability policies above, that status extends to the Umbrella Liability policy as well.
Transfer of Rights of Recovery (Waiver of Subrogation) - please note that because the AlG Umbrella Prime form #80517 05/06 policy states that "If: prior to the time of an
Occurrence, you and the insurer of Scheduled Underlying Insurance waive any right of recovery against a specific person or organization for injury or damage as required
under an Insured Contract, we will also waive any rights we may have against such person or organization," that there is no separate Waiver of Subrogation endorsement
applicable to these policy. Therefore, if you are granted a Waiver of Subrogation on the General Liability, Automobile Liability or Employers Liability policies above, that
status extends to the Umbrella Liability policy as well.
PROFESSIONAL LIABILITY ENDORSEMENTS:
Additional Insured - Where Required by Contract or Agreement
hnn:/Iwww -aie eom/eu-tomer/moi/downloadl07.{l8 E&O.ndf
Waiver of Subrogation - please note that the policy wording states that "However, it is agreed that the Underwriters waives its rights of subrogation under this policy against
any person or organization as respects Claims arising from Professional Services or Contracting Services provided under a contract to perform such Professional Services or
Contracting Services which requires a waiver of subrogation, but only to the extent required by written contract Therefore, if our contract req.uires we waive our rights of
subrogation in your favor, the waiver extends to this policy.
NOTICE OF CANCELLATION:
Please note that due to the very large nwnber of contracts that SAlC and its subsidiaries enter into each year, the above policies do not contain an endorsement obligating the
insurer to provide any advance written notice directly to anyone but SAlC.. However, insurers have endorsed their policy to provide SAlC with 90 days advance written notice
of any cancellation (except 10 days for non-payment of premiwn) so as to enable SAlC to provide any required Notices to its customers in accordance with agreed to contract
terms and conditions.
The Memorandwn of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized,
16 E 1
MEMORANDUM OF INSURANCE --
This Memorandum Is Issued as a matter of informatlon- only to authorized viewers for their Internal use only and confers no rights upon any viewer of this
Memorandum. This Memorandum does not amend, extend or alter the coverage described below. This Memorandum may only be copied, printed and
distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use. Any other use, duplication or distribution
of this Memorandum without the consent of Science Applications International Corp. (SAle) is prohibited. "Authorized viewer" shall mean an entity or person
which Is authorized by the insured named herein to access this Memorandum via htto://www.saic.com/customer/moi/ . The information contained herein is
valid as of to day's date, and shall be updated upon any material policy changes and upon each policy's renewal.
BROKER COMPANIES AFFORDING COVERAGE
Marsh Risk & Insurance Services ("Marsh") Co. A National Union Fire Insurance Company of Pittsburgh, PA
INSURED Co. B New Hampshire Insurance Company
R. W. Beck, Inc., a wholly owned subsidiary ofSAIC Co. C The Insurance Company of the State of Pennsylvania
1001 Fourth Avenue, Suite 2500 Co. D Underwriters at Lloyd's, London (A F Beazley #623 & #2623)
Seattle, WA 98154 Co. E Factory Mutual Insurance Company
COVERAGES --
THE POllCIES OF INSURANCE llSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POllCY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH nus MEMORANDUM
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POllOES DESCRIBED HEREIN IS SUBJECT TO All.. THE TERMS, EXCLUSIONS AND
CONDmONS OF SUCH POllCIES. llMITS SHOWN MAY HAVE BEEN REDUCED BY PAlD CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS
LTR DATE DATE
GENERAL GENERAL $ 10,000,000
A LIABILITY GL 4406261 04/01/11 04/01/12 AGGREGATE
PRODUcrS - $ 2,000,000
COMMERCIAL COMP/OP AGG
GENERAL LIABILITY PERSONAL & ADV $ 1,000,000
INCLUDING INJURY
CONTRACTUAL EACH $ 1,000,000
LIABILITY (per ISO OCCURRENCE
Form CGOool 12/07) FIRE DAMAGE (ANY $ 1,000,000
OCCURRENCE FORM ONE FIRE)
MED EXP $ 10,000
(ANY ONE PERSON)
AUTOMOBILE COMBINED SINGLE S 1,000,000
A LIABILITY CA4309415 04/01/11 04/01/12 LIMIT
COVERING ANY (All Other States)
A OWNED AUTOS, CA 4309417 (MA) 04/01/11 04/01/12
HIRED AUTOS &
A NON-OWNED AUTOS CA4309416 (VA) 04/01/11 04/01/12
UMBRELLA EACH $ 10,000,000
A LIABILITY 25030246 04/01/11 04/01/12 OCCURRENCE
UMBRELLA FORM AGGREGATE S 10,000,000
B WORKERS WC 061967336 04/01111 04/01/12 WORKERS COMP STATUTORY
COMPENSATION (All Other States) LIMITS
C AND EMPLOYERS' WC 061967337 (CA) 04/01/11 04/01/12 EL $ 3,000,000
LIABILITY EACH ACCIDENT
C INCLUDES USL&H WC 061967341 (MA) 04/01/11 04/01/12 EL DISEASE - S 3,000,000
B WC 061967338 (Fl.) 04/01/11 04/01/12 POLICY LIMIT
TIlE PROPRIETOR / EL DISEASE - $ 3,000,000
B PARTNERS/ WC 061967339 (TX) 04/01/11 04/01/12 EACH EMPLOYEE
EXECUTIVE
A OFFICERS ARE: WC 061967340 (WI) 04/01/11
04/01/12
INCLUDED
PROFESSIONAL EACH CLAIM $ 10,000,000
D LIABILITY QF 026610 06/30/10 06/30/11
INCLUDING AGGREGATE S 10,000,000
CONTRACTOR'S
POLLUTION LEGAL
LIABILITY
CLAIMS MADE BASIS
ALL RISK AMOUNT OF $ 1,000,000
E PROPERTY 00755 10/01/10 10/01/11 INSURANCE
INCLUDING ALL
REAL & PERSONAL
PROPERTY OF
INSURED, AND
PROPERTY OF
OTIIERS WHERE
REQUIRED
The Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage, Any modifications hereto are not authorized.
16E 1
MEMORANDUM OF INSURANCE
This Memorandum is issued as a matter of Information only to authorized viewers for their Internal use only and confers no rights upon any viewer of this
Memorandum. This Memorandum does not amend, extend or alter the coverage described below. This Memorandum may only be copied, printed and
distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use. Any other use, duplication or distribution
of this Memorandum without the consent of Science Applications International Corp. (SAle) Is prohibited. "Authorized viewer" shall mean an entity or person
which is authorized by the insured named herein to access this Memorandum via htto:/Iwww.salc.com/customer/moi/. The Information contained herein Is
valid as of today's date, and shall be updated upon any material policy changes and upon each policy's renewal.
BROKER INSURED
Marsh Risk & Insurance Services ("Marsh") R. W. Beck, Inc., a wholly owned subsidiary of SAlC
777 South Figueroa Street 1001 Fourth Avenue, Suite 2500
Los Angeles, CA 90017 Seattle, WA 98154
ADDITIONAL INFORMATION
Please note that the above Liability policies are endorsed to provide that our customers and any other organizations or persons where required by contract or
agreement we enter into are named as Additionallnsnreds under these policies. Additionally, coverage applies on a primary basis where required by contract, and,
a waiver of subrogation is provided in favor of any person or organization required pursuant to the terms of any contract or agreement we enter into.
Please note that the above Property policy is endorsed to provide that our customers and any other organizations or persons where required by contract or
agreement we enter into are named as Loss Payees As Their Interest May Appear under this policy.
Should you wish to view these endorsements, or print a copy for your files, please click on the below links.
GENERAL LIABILITY ENDORSEMENTS:
Additional Insured- Where Required Under Contract Or Agreement (AlG Form 61712 (9/01))
'/1' ert: U oadJ L ere Re . d bv antnl. df
Additional Insured - Managers or Lessors of Premises (Form CG 20 11 01 96)
. ~www:saic.comf e Imoi/downloadl or Lessors of . s df
Additional Insured - Lessor of Leased Equipment (CG 20 28 07 04)
h'/I me ct:Jrnf, I oi/download! 0 LeasedE ui
Additional Insured - Vendors (Form CG 20 15 07 04)
h o/lwww.saic.comlcustomerlm ildowntoadlGL Vendors
Waiver Of Transfer Of Rights Of Recovery Against Others To Us (CG 2404 10 93)
h "1www.saic oomlcustome~ moildownloadlGL Waiver of Subm tion df
AUTOMOBILE LIABILITY ENDORSEMENTS:
Additional Insured - Where Required Under Contract Or Agreement (AlG Form 87950 (10/05))
h -'I 'ceo el "to oadl 'db ontnl
Waiver ofTransfer of Rights Of Recovery Against Others To Us (AlG Form 62897 (06/95))
h :lIwww 'c cornlcustomer/moildownloadlAL Waiver of Subm arion. elf
WORKERS' COMPENSATION & EMPLOYERS LIABILITY ENDORSEMENTS:
Waiver of Our Right To Recover From Others
:/lwww we co customerl Udo loadIWC Waiver f Subro non. df
Alternate Employer Endorsement
NOTE: Workers Compensation insurance for work in the state of Washington is not provided WIder the above referenced workers compensation policy. Coverage is
provided by the Washington State Department of Labor & Industries program, Stop Gap Employers Liability insurance for the state of Washington is provided WIder the
above referenced workers compensation policy.
UMBRELLA LIABILITY ENDORSEMENTS:
Additional Insured - please note that because the AlG Umbrella Prime form #80517 05/06 policy definition of an Insured includes: "Any person or organization, other than the
Named Insured, included as an additional insured WIder the Schedule of Underlying Insurance, but not for broader coverage than would be afforded by such Schedule of
Underlying Insurance" that there is no separate Additional Insured endorsement applicable to this policy. Therefore, if you are an Additional Insured on the General Liability
or Automobile Liability policies above, that status extends to the Umbrella Liability policy as well.
Transfer of Rights of Recovery (Waiver of Subrogation) - please note that because the AlG Umbrella Prime form #80517 05106 policy states that "If" prior to the time of an
Occurrence, you and the insurer of Scheduled Underlying Insurance waive any right of recovery against a specific person or organization for injury or damage as required
WIder an Insured Contract, we will also waive any rights we may have against such person or organization." that there is no separate Waiver of Subrogation endorsement
applicable to these policy. Therefore, if you are granted a Waiver of Subrogation on the General Liability, Automobile Liability or Employers Liability policies above, that
status extends to the Umbrella Liability policy as well.
PROFESSIONAL LIABILITY ENDORSEMENTS:
Additional Insured - Where Required by Contract or Agreement
h :lIwww. 'c com/customer oi/downloadl07-08 E&O df
Waiver of Subrogation - please note that the policy wording states that "However, it is agreed that the Underwriters waives its rights of subrogation Wlderthis policy against
any person or organization as respects Claims arising from Professional Services or Contracting Services provided under a contract to perform such Professional Services or
Contracting Services which requires a waiver of subrogation, but only to the extent required by written contract Therefore, if our contract requires we waive our rights of
subrogation in your favor, the waiver extends to this policy.
NOTICE OF CANCELLATION:
Please note that due to the very large number of contracts that SAlC and its subsidiaries enter into each year, the above policies do not contain an endorsement obligating the
insurer to provide any advance written notice directly to anyone but SAlC. However, insurers have endorsed their policy to provide SAlC with 90 days advance written notice
of any cancellation (except 10 days for non-payment of premium) so as to enable SAlC to provide any required Notices to its customers in accordance with agreed to contract
terms and conditions.
The Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized.
:16 E 1
.........,
ACORD'
L./
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM1DDIYYYY)
0810912010
THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
PRODUCER
Marsh Risk & Insurance Services
CA Ucense 1#0437153
777 South Rgueroa Street
Los Angeles, CA 90017
0759BB-RW-Prof-10
RW.B
INSURERS AFFORDING COVERAGE
INSURfiR A:. Underwriters at Lloyd's. London
INSURER B:
INSURER C:
INSURER D:
INSURER E:
NAIC#
INSURED
R. W. B"eck. Inc.,
a wholly owned subsidiary of SAIC
1001 Fourth Avenue, Suite 2500
Seattle, WA 9B154
COVERAGES
7
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO V\lHICH THIS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS.
Nsf ADD'L TYPE OF INSURANCE POLICY NUMBER PlIJCT EFFECtlVE polICy EXI'lIlATION UMlTS
LTR INSRI DAte (MM/llDIYYYY) DATE IMMlDDIYYYY)
GENERAL UABIUTY EACH OCCURRENCE ,:5
- =~J~~=ncel $
COMMERCIAL GENERAL LlABIUTY
- :=J ClAIMS MADE 0 OCCUR MED EXP (An)o one peBOO) $
-
PERSONAL & ,.;JV INJURY $
GENERAl AGGREGATE $
GENERAL AGGREGATE LIMIT APPLIES PER PRODUclS - COMPIOP AGG 1$
I POLICY n PRO- n
JEeT LOC
AUTOMOBILE UABIUTY COMBINED SINGlE LIMIT
I-- ANY AUTO (Ee accldenl) $
'I-'- ALL OWNED AUTOS BODILY INJURY . . $
r- (Per pa/'Soo)
SCHECULED AUTOS
I-- H1REOAUTOS
BODILY INJURY $
r- (Per IICdclonl)
NON-OII'>tlED AUTOS
- PROPERTY DAIoIAGE
- (Per acdclonl) $
GARAGE LIAB1UTY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE is
~ OCCUR 0 ClAIMS MADE AGGREGATE $
is
~ DEDUCTIBLE $
RETEmlON $ I~
WORKERS COMPENSAllON AND h-~~fuWc:l 10~-
EMPLOYERS' UABIUTY
ANY PROPRlETORIPARlNERlEXECUTIVE Y I N L, EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? D L CISEAsE - EA EMPLOYEE $
~andat~ in N~ If yes, da.aiba lSlder : L. OISEASE - POLICY LIMIT $
PEclAL ROV! IONS below
A OTHER Professional Liability QF026610 0613012010 06/30/2011 Each Claim $1,000,000
Including Contractor's Uoyd's of London Syndicates Aggregate $2,000,000
Pollulion Legal LIability A F Beazley #623 & 2623 'Claims Made.
OESCRlPTlON OF OPERATIONSILOCATIONSNEHICLESJEXa.USIONS ADDED BY ENDORSEMENTISPECfAL PROVISIONS
RE: Contract #10-54B5/En~ineering, Technical Support Bnd Flnancial Consulting Services for Solid Waste
Waiver of Subrogation app ies in favor of the certificate holder as respects claims arising From professional services provided under a contract, but only if, and
to the extent, required underwrlllen contract"
CERTIFICATE HOLDER
LOS-001027955-06
CANCELLATION
Collier County
Contract AdmInistration, Building G
3301 Tamlamr Trail East
Naples, FL 34112
SHOULD ANY OF THE ~BOVE OESCRlBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT fAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABJUTY OF ANY KIND
ITS AGENTS OR REPRESENTATIVES.
ACORD 25 (2009/01)
~
@ 1998-2009 ACORD CORPORATION, All Rights Reserved
The ACORD name and logo are registered marks of ACORD
16E 1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED. subject to the terms and conditions of the poli~YJ certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIM~R
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
Acord 25 (2009/01)
16 E 1
ADDITIONAL INFORMATION
LOS-()01027955-06
DATE (MMlDDIYY)
0810912010
PRODUCER
Marsh Risk & Insurance Services
CA Ucense :#0437153
7IT South Figueroa Street
Los Angeles, CA 90017
D75988-RW-Prof-10
R.W.S
INSL!RERS AFFORDING COVERAGE
INSURER F:
INSURER G:
INSURER H:
INSURER I:
NAIC#
INSURED
R. W. Beck, Inc.,
a wholly owned subsidlalY of SAIC
1001 Fourth Avenue, Suite 2500
Seattle, WA 98154
TEXT
CERTIFICATE HOLDER
Collier County
Contract Administration. Building G
3301 Tamiami Trail East
Naples, FL 34112
.... : ..-
.......... '..
.. ., .........-.. .
. ....::.:.:.:..... .....
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AUlHORS!:Bl RJ;PRESEffTAllVE
of MOr$ll Risk & Insurance Services _
James~LVo9el ~
:,: < ::;::;:: ;;::~;:;~:~;:;:;:~}~,:,;:.~:.~.i;;!f;i/:::~<::~:~ '. .:'::P.:ilg'e $i;.\fVi~/ :.:::'~, <\:::, :~}::'~:::\.:.;/;; :;'-::,,::<);;:, :~.::;:;'::!.:'~X~<'> ::j:'::': :~~!~':):
,16 E 1
EXHIBIT A
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Contract # 10-5485
"Engineering, Technical Support and Financ~al Consulting Services for Solid Waste"
. .
FIXED TERM CONTRACT FOR pROFESSIONAL SERVICES
,
THIS AGREEMENT is made and entered into this 2~th day of July, 2010, by and between the Board
of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida
(hereinafter referred to as the "COUNTY" or ~OWNER") and R.W. Beck, Inc., authorized to do
business in the State of Florida, whose business add~ss is 1001 Fourth Avenue, Suite 2500, Seattle,
Washington 98154 (hereinafter referred to as the "CONSULTANT").
WIT N E S $ E T H:
WHEREAS, it is in the best interests of OWNER to-be able to obtain professional Engineering
Technical Support and Financial Consulting S~rvices expeditiously when a need arises in
connection with a Collier County project; and
WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act),
makes provisions for a fixed term contract with a firnil to provide professional services to a political
subdivision, such as the 90untY; and
WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of
i
Section 287.055, Florida Statutes, to provide prof~sional Engineering Technical Supp~rt and
Financial Consulting Services on a fixed term basis; as directed by OWNER for such projects and
tasks as may be required from time to time by OWNER:
NOW, THEREFORE~ in consideration of the; mutual covenants and provisions contained
,
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herein, the parties hereto agree as follows:
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ARTlelf: 1
CONSULTANT'S RSSPONSIBILlTY
1.1 From tim~ to time upon the written request or direction of OWNER as hereinafter provided,
CONSULTANT shall provide to OWNER professional Engineering, Technical Support and
Financial Consulting Services (hereinafter the "Services") as herein set forth. The term "Services"
. -
includes all Additional Services authorized by writt~n Amendment or Change Order as hereafter
provided.
1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant to
t~e procedures d~sC?ribed h~rein. The form of the Work Order is set -forth in attac~ed Schedule A.
Ref~rence to the term 'Work Order" herein, with re~pect to authorization of Services, includes all
written Amendments or Change Orders to any p~rticu~r Work Order. CONSULTANT acknowledges
and agfees that each individual Work Order shall not exceed $200,000 unless otherwise approved in
writing by the Board of County Commissioners, and that the total initial compensation for all Work
Orders issued under this Agreement shall not exceed $750,000 annually, unless otherwise appr~ved
,
in writing by the Board of County Commissioners of!Collier County. Work order assignments for
CeNA contract shall be made in accordance with the OWNER'S current adrTilnistrativ~ procedures or
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as amended by OWNER. I
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1.2.1 All Services, must be a uthorized in writing by OWN ER in. the form of a Work Order.
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CONSULTANT shall not provide any Services.to OWNE;R unless and to the extent they are required in
a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be
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at CONSULTANT'S own risk and OWNER shall have nq liability for such Services.
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1.2.2 As OWNER identifies certain Services ;it wishes CONSULTANT to provide pursuant to
the terms of this Agreement, OWNER sh,all request a proposal from CONSULTANT for such Services,
said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement
with respect to such Services, including, but not limited to the scope, compensation and schedule for
performance of those Services, a Work Order shall be prepared which incorporates the terms of the
understanding reached by the parties with respect.j to such Services and if both parties are in
agreement therewith, they shall jointly execute the work Order.
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1.2.3 Upon execution of a Work Order as jaforesaid, CONSULTANT agrees to promptly
provide the Services required thereby, in accordance with the terms of this Agreement and the subject
Work Order.
1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the
Services shall be detennined solely by OWNER and that OWNER does not represent or guarantee
unto CONSULTANT that any specific amount of; Services will be requested or required of
CONSULTANT pursuant to this Agreement.
,
1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this
Agreement or any Work Order, or to obligate OWNER in any manner or way.
12.6 All duly executed Work Orders (including all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.3 The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all
such licenses as are required to do business in the ~tate of Florida and in Collier County, Florida,
including, but not limited to, all licenses required j by the respective state boards and other
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governmental agencies responsible for regulating ;and licensing the professional Services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1-.4 The CONSULTANT agrees th-at, when the Services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization or
other fonn of legal entitlement to practice such Seryices, it shall employ and/or retain only qualified
personnel to provide such Services to OWNER.
1.5 CONSULTANT hereby designates Joe A. Dysard, II, as its Principal in Charge (hereinafter
referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all
matters arising out of or relating to this Agreement. In each Work Order CONSULTANT will
designate a qualified licensed professional to serve;as CONSULTANTS projectcoor.dinator for the
Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator").
The Project Coordinator is authorized and responsi~le to act on behalf of the CONSULTANT with
respect to directing, coordinating and administering all aspects of the Services to be provided and
performed under the Work Order. Further, the Project Coordin,ator has full authority to bind and
obligate the _ CONSULTANT on all matters arising: out of or relating to the Work Order. The
CONSULTANT agr~~s t~at the Principal in Charge and the Project Coordinators shall devote
whatever time is required to satisfactorily manage th~ services to be provided and performed by the
CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge
;
and Project Coordinators shaH not be removed by CONSULTANT without OWNER'S prior written,
approval, and.if so removed must be immediately replaced with a person acceptable to OWNER.
;
1.6 CONSULTANT agrees, within fourteen (14) ca[~ndar days of. receipt of a written request from
;
.
OWNER to promptly remove and replace the Principai in Charge or any Project Coordinator, or any
other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
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or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform any of the Service$ pursuant to t~e requirements of this Agreement or any
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applicable Work Order, said request may be made wi1h or without cause. Any personnel so removed
must be immediately replaced with a person acceptable to OWNER.
1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type
of professional Engineering, Technical Support arid Financial C.onsulting Services that will be-
required under this Agreement. The CONSULTANt agrees that all services to be provided by
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CONSULTANT pursuant to this Agreement shall be jsubject to the OWNER'S review and approval
!
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and shall be in accordance with the generally accepte~ standards of professional practice in the State
of Florida, as well as in accordance with all appliC?ble laws, statutes, ordinances, codes, rules,
regulations and requirements of any governmental agencies, including the Florida Building Code
where applicable, which regulate or have jurisdiction over the Services to be provided and performed
by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT
shall notify the OWNER of such conflict and utilize its: best professional judgment to advise OWNER
regarding resolution of each such conflict. OWNER'~ approval of any design documents in no way
,
,
relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for
successful completion of the Services required under t~e subject Work Order.
1.7.1 The OWNER reserves the right to deduct porti~ns of the (monthly) invoiced (task) amount for
the foHowing: Tasks not completed within the express~d time frame, including required deliverables,
;
incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements
and/or codes and ordinances applicable to CONSULTANT'S performance of the work as related to
the project. This list is not deemed to be all-inclusive; and the OWNER reserves the right to make
sole determination regarding deductions. After notification of deficiency, if the CONSULTANT fails to
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correct the deficiency within the specified timeframe, these funds would be forfeited by the
,
CONSULTANT. The OWNER may also deduct or :charge the CONSULTANT tor services and/or
items necessary to correct the deficiencies directly related to the CONSULTANT'S non-performance
whether or not the OWNER obtained substitute performance.
1.8 CONSULTANT agrees not to divulge, furnish. or make available to any third person, firm or
organization, without OWNER'S prior written consent. or unless incident to the proper performance of
the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings
where such information has been properly subpoen~ed, any non-public information concerning the
Services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its
employees, agents, subconsultants and subcontractors to comply with the provisions of this
paragraph. CON"SUL -rANT sha-lIprovide OWNE'R prompt written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic ~rea must be
submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida
State Plane East (US Feet) Coordinate Syste'm (NAD ~3/90). The drawings should either reference
specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter
Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic)
GPS Network as provided by OWNER. Infonnation layers shall have common naming conventions
(Le. right-ot-way - ROW, centerlines - CL, edge-qf-pavement - EOP, etc), and adhere to industry
standard CAD specifications.
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ARTlcll.E 2
ADDITIONAL SERVICE$ OF CONSULTANT
2.1 If authorized in writing by OWNER through an Amendment or Change Order to a Work Order,
CONSULTANT shall furnish or obtain from others Additional Services beyond those Services
originally authorized in the Work Order. The agreed upon scope, compensation and schedule for
Additional Services shall be set forth in the Amendment or Change' Order authorizing those Additional
Services. With respect to the individuals with authQrity to authorize Additional Services under this
;
Agreement, such authority will be as established in PWNER'S Purchasing Policy and Administr~tive
Procedures in effect at the time such services are aUthorized. Except in an emergency endangering
life or property, any Additional Services must be approved in writing via an Amendment or Change
Order to the subject Work Order pribr to starting'su~h' services. OWNERwill not b.e responsible for
the costs of Additional Services commenced without such express prior written approval. Failure to
obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by
CONSULTANT for such Additional Services and (ii) ~n admission by CONSULTANT that such Work
is not additional but rather a part of the Services originally required of CONSULTANT under the
subject Work Orqer.
i
2.2 If OWNER determines that a change in a Work Qrder is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment or Change Order shall be i~sued to
document the consequences of the changes or variations, provided that CONSULTANT has delivered
written notice' to OWNER of the emergency within f<?rty-eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANT'S right itpthelWise may have had to seek an adjustment
;
to its compensation or time of performance underthe bUbject Work Order.
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ARTICLE 3
OWNER'S RESPONSIBILITIES
3:1 For each Work Order, OWNER shall designate in writing a project manager to act as
OWNER'S representative with respect to the SerVices to be rendered 'under the Work Order
(hereinafter referred to as the HProject Manager"). The Project Manager shall have authority to.
transmit instructians, receive information, interpret an~ define OWNER'S policies and decisions with
respect to CONSULTANT'S Services under the Work Order. However, the Projec.t Manager is not
authorized to issue any verbal or written orders ar instructions to the CONSULTANT that would have
,
. .
the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
(a) _.. - T~e _~~op_~ c;>f ~~rvic~~ to ~E? pr~vi~e~ .an~ perfo~,e~ by the CQ~~UL TANT as
set forth in the Work Order;
(b) The time the CONSULTANT is obligated to commence an~' complete all such
Services as set forth in the Work Order; or
(c) The amount of compensatian the~ OWNER is obligated or committed to. pay the
CONSULTANT as set forth in the Work Order.
3.2 The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and wark provided and performed in
accordance with this Agreement; ;
(b) Provide all criteria and information: requested by CONSULTANT as to OWNER'S
requirements for the Services specified in the Work Order, - including design
objectives and constraints, spa~, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations;
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(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S possession
pertinent to the Services specified in the Work Order, including existing drawings,
specifications, shop drawings, p~oduct literature, previous reports and any other
data relative to the subject Work ~rder;
. ,
(d) Arrange for access to and make all provisions for CONSULTANT to enter the site
,
I
(if any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; and
(e) Provide notice to CONSUL TANT:of any deficiencies or defects discovered by the
OWNER with respect to the Services to be rendered by CONSULTANT
hereundeL
ARTICLE 4
TIME:
4.1 Each Work Order will have a time schedule rSchedule") for the performance of the Services .
,
required under the subject Work Order. Said Scheduie shall be in a form and content satisfactory to
OWNER. Services to be rendered by CONSULTANT ~hall be commenced, performed and completed
in accordance with the Work Order and the Schedule. Time is of the essence with respect to the
performance of the Services under each Work Order.
4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its
own fault or neglect, including' but not restricted td. acts of nature or of public enemy, acts of
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government or of the OWNER, fires, floods, epidemids, quarantine regulations, strikes or lock-outs,
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then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement
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of such delay, stating the specific cause oLcauses thereof, or be deemed to have waived any right
which CONS U L T ANT may have had to request a time extension for that specific delay.
4.3 Unless otherwise expressly provided in tlie Work Order, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S Services
from any cause whatsoever, including those for wh;ch OWNER may be responsible in whole or in
part, shall relieve CONSULTANT of its duty to pe1rform or give rise to any right to damages or
. .
additional compensation from OWNER CONSULTANT'S sole remedy against OWNER will be the
right to seek an extension of time to the Schedule; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision.
This paragraph shall expressly apply to claims for e~rly completion, as well as claims based on late
completion.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the Services
to be provided hereunder in a timely manner, in addition to any other rights or remedies available to
the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all
payments due and owing to the CONSULTANT under this Agreement (including any and all Work
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Orders) until such time as the CONSULTANT resumes performance of its obligations hereunder in
such a manner so as to reasonably establish to the QWNER1S satisfaction that the CONSULTANT'S
performance is or will shortly be back on schedule.
4.5 In no event shall.any approval by OWNER authorizing CONSULTANT to continue performing
Work under any particular Work Order or any paYl1\1ent issued by OWNER to CONSULTANT be
I
deemed a waiver of any right or claim OWNER may; have against CONS.UL TANT for delay or any
other damages hereunder.
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4.6 The period of service shall be from the date'of execution of this Agreement through one (1)
year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of
. the Agreement period have been completed. This Agreement may be renewed for an additional three
(3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both
parties.
ARTICLE 5
COMPEN~TION
5.1 Compensation and the manner of payment of such compensation by the OWNER for Services
rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. CONSULTANT
a~rees to furnish to OWNER, a~er the end of each calendar month, or as specifJed in the Work
Order, a comprehensive and itemized statement of charges for the Services performed and rendered
by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as
herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly
statement shall be in such form and supported by such documentation as may be required by
OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the
Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if
. any).
5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly
with a cap or some other agreed to format) contained in each separate Work Order shall be based on
. the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time
reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule
may be updated by mutual ag~eement on an annual basis, in conjunction with the ann.ual renewal of
this Agreement provided for in paragraph 4.6 above, ~s directed by OWNER.
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5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and' reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S
performance of the Services, at its direct cost with no markup, to the extent such reimbursement is
permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below.
5.2.2 Reimbursable expenses shall be i~voiced for the expenditures incurred by the
CONSULTANT as follows:
5.2.2.1. Expenses of transportation and living when traveling in connection with each
Work Order, except for local travel within Collier or Lee Counties, as provided
in Section 112.061, F .S., and all Contract-related mileage for trips that are
from/to destinations outside Qf Collier or Lee Counties approved by OWNER.
5.2.2.2
Expenses for reproducing documents that exce.ed. the number of..
, .
documents described in this Agreemefit and postage and handling of Drawings and
Specifications, including duplicate sets: at the completion of each Work Order for the
OWNER'S review and approval.
5.2.2.3.
Expense of overtime wor~ requiring higher than regular rates approved in
advance and in writing by OWN ER.
5.2.2.4.
Expense of models for the OWNER'S use.
5.2.2.5
Fees paid for securing approval of authorities having jurisdiction over the
Work Order required under the applicable Work Order.
5.2.2.6
Other items on request ana approved in writing by the OWNER.
5.2.3 CONSULTANT shall obtain the prior wri~ten approval of OWNER before incurring any of
the aforesaid reimbursable expenses, and absent dUCh prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
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5.3 CONSULTANT shall bear and pay all overhs,ad and' other expenses, except for authorized
reimbursable expenses, incurred by CONSULTANT in the performance of the Services.
5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that
, "
CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and
the estimated fees thereof for the proposed work tp be specified in the Work Order; and (ii) the
estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services
to be performed by CONSULTANT under the propo~ed Work Order. CONSUL TA~T shall promptly
!
supply such estimate to OWNER based on CONSULTANTS good faith analysis.
5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized
1
by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to" a maximum
. . . . ..... . - . .
markup of five percent (5%) on the fees and expenses associated with such subconsultants and
subcontractors.
5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by
OWNER.
5.6.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services~qr within six (6) months'after completion of
contract. Any untimely ~ubmission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoi~es under this agreement.
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5.7 Records of Reimbursable Expenses shall be ke~t on a generally recognized accounting basis.
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ARTICLE 6
;
OWNERSHIP OF lDOCUMENTS
6.1 Upon the completion or termination of ~ach Work Order, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or. originals of all records. documents, drawings,
notes, tracings, plans, Auto CADD'files, specifications, maps, evaluations, reports and other technical
data, other than working papers, prepared or develo~ed by or for CONSULTANT under the applicable
Work Order C'Project Documents"). OWNER shall'!specify whether the originals or copies of such
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Project Documents are to be delivered by CONSUL T~NT. CONSULTANT shall be solely responsible
for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own
expense, may retain copies of the Project Document~ for its files and internal use.
. ,
6.2 Notwithstanding anything in this Agreement t~ the contrary and without requiring OWNER to
pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable
,
,
. ,
grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project
au~horized project or task. CONSULTANT warrants ;to OWNER that it has full right and authority to
. i
Documents to complete the subject project or task:following CONSULTANT'S termination for any
i
reason or to perform additions to or remodeling, replacement or renovatior:ls of the subject project or
task. CONSULTANT 'also acknowledges OWNER ~ay be making Project Documents available for
review and information to various third parties and heJeby consents to such use by OWNER.
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ARTICWE 7
MAINTENANCE OF RECORDS
7.1 CONSULTANT will keep adequate records ahd supporting documentation which concem or
reflect the Services hereunder. The records and dqcumentation will be retained by CONSULTANT
for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the
~ork Order is completed, whichever is later, or such ;ater date as may be required by law. OWNER,
or any duly authorized agents or representatives of OWNER. shall, free of charge, have the right to
audit, inspect and copy all such records and documehtation as often as they deem necessary during
the period of this Agreement and during the five (5) year period noted above, or such later date as
may be required by law; provided, however, such activity shall be conducted only during normal
business hours.
7.2 The records specified above in paragraph 7.1 include accurate time records, -which
CONSULTANT agrees to keep and maintain, from d$y to day, showing the time expended by each
principal and employee of CONSULTANT in performing the Services and therein specifying the
services performed by each, with all such time records to be kept within one-halfof an hour. At the
request of OWNER, or as specified in the Work Order,: CONSULTANT shall furnish to OWNER any of
the aforesaid time records, as well as invoices or proo.fs showing CONSULTANT'S incurrence and/or
payment of any reimbursable expenses.
ARTICLE 8
INDEMNIFICATION
8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless
OWNER, its officers and employees from any and allliflbilities, damages. losses and costs, including,
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but not limited to, reasonable attorneys' fees and :paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or
utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph 8.1.
,
ARTICLE 9
INSURANCE
9.1 CONSULTANT shall obtain and carry, at all times during its performance under the Contract,
Documents, insurance of the types and in the amounts described herein and further set forth in
, Schedule C to this Agreement.
9.2 All insurance shall be from responsible compa~ies duly authorized to do business in the State
of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
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9.3.1 All insurance policies, other than the Bysiness Automobile policy, Professional Liability
policy, and the Workers Compensation poHcy, provided by CONSULTANT to meet, the requirements of
this Agreement shall name Collier County Governm~nt, Collier County, Florida, as an additional
,
insured as to the operations of CONSULTANT under this Agreement and shall contaiD a severability of
interests provisions.
9.3.2 Companies issuing th~ insurance policy or policies shall have no recourse against
OWNER for payment' of premiums or assessments tpr any deductibles which all are at the sole
responsibility and risk of CONSULTANT.
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9.3.3 All insurance coverages of CONSULTANT shall be primary to any ihsurance or self-
insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained
by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER.
9.3.4 The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.0. fonn with no limiting endorsements, must reference and identify this
Agreement.
9.3.5 All insurance policies shall be fully perf6rmable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
9.4 CONSUL TA~T, its subconsultants and OWNER shall waive all rights against each other for
damages covered by insurance to the extent insurance proceeds are paid and received by OWNER,
except such rights as they may have to the proceeds qf such insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required
hereunder must meet the following minimum requirements:
9.5.1 The insurance company must be duly licensed and authorized by the Department of
Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida.
9.5.2 Th~ insurance company must have a current A. M. Best financial rating of "Class VI"
or higher.
ARTICLE 10
SERVICES BY CONSULTANT'S OWN STAFF
,
10.1 The Services to be performed hereunder ~hall ibe performed by CONSULTANT'S own staff,
unless otherwise authorized in writing by the OWNER; The employment of, contract with, 'or use of
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the services of any other person or firm by CONSULTANT, as independent consultant or otherwise,
shall 'be subject to the prior written approval of the OWNER. No provision of this Agreement shall,
however, be construed, as constituting an agreement between the OWNER and any such other
person or finn. Nor shall anything in this Agreement be deemed to give any such party or any third
, .
party any claim or right of action against the OWNER beyond such as may then otherwise exist
without regard to this Agreement.
10.2 Attached to each Work Order shall be a Schedule that lists all 'of the key personnel
CONSULTANT intends to assign to perform the S~rvices required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work Order in accordance with the
percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each
subconsultant and subcontractor it' intends 'to utiliz~ with respect to. the subject Work Order.. All,
personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or.
replaced without OWNER'S prior written consent
1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to ,the extent of the Services to be performed by the subconsultant or subcontractor, to
be bound to the CONSULTANT by the terms of this Agreement and any subsequently issued Work
i
Order, and to assume toward the CONSULTANT ali the obligations and responsibilities which the
CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the.
OWNER. Each subconsultant or subcontract agreer$nt shall preserve and protect the rights of the'
OWNER under this Agreement, and any subsequ~ntly issued Work Order, with respect to the
Services to be performed by the subconsultant o~ subcontractor so that the subconsulting or
subcontracting thereof will not prejudice such rights.: Where appropriate, the CONSULTANT shall
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require each subconsultant. or subcontractor to j enter into simila"r agreements with its sub-
subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each
contract entered into between CONSULTANT and "each subconsultant or subContractor, however
nothing in this Agreement shall be constru~d to create any contractual relationship between OWNER
and any subconsultant or subcontractor.
ARTICLE 11
WAIVER OF CLAIMS
11.1 CONSUL TANT'S,acceptanc~ of final payment for Services provide under any Work Order shall
. ~~nstit.lite a full ~~iver C?f any andaJ! cIai!11s, ex<?~p~. for in~urance company subrogation cIaims~ by 'it
against OWNER arising out of the Work Order or otherwise related to those Services, and except
1 .
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ARTICL8 12
TERMINATION OR SUSPENSION"
12.1 'Tfiis Agreement is a fixed term contract for th~ professional services of CONSULTANT. It is
. ,
agreed that eith~r party hereto shan at any and all tirhes have the right and option to terminate this,
I
Agreement by giving to the other party not less th~n thirty (30) days prior written notice of such
!
termination. Upon this AgreefTlent being so termina~d by either party hereto, neither party hereto
shall have any further rights o"r obligations under "this Agreement subsequent to the date of
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termination, except that Services specified to be performed under a previously issued Work Order,
shall proceed to completion under the terms of this Agreement.
12.2 CONSULTANT shall be considered in material default of this Agreement and such default Will
be considered cause for OWNER to terminate this Agreement and any Work. Orders in effect, in
whole or in part, as further set forth in this se~tionJ for' any of the follQwing reasons: (a)
CONSULTANT'S failure to begin Services under any' particular Work Order within the times specified
under that Work Order, or (b) CONSULTANTS failurk to properly and timely perform the Services to
be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals,
officers or directors, or (d) CONSULTANT'S failure to: obey any laws, ordinances, regulations or other
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codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions. of..
this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so
terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the
CONSUL TANT seven (7) calendar days written notice of the material default.'
12.3 If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is
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determined for any reason that CONSULTANT was n6t in default, or that its default was excusable, or
!
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that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in
paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to
be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies
against OWNER shall be the same as and be limited to those afforded CONSULTANT under
paragraph 12.4 below.
12.4 Notwithstanding anything herein to the contraty (including the' provisions of paragraph 12:1
.. ,
above), OWNER shall have the right to terminate thi~ Agreement and any Work Orders in effect, in
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whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the
event of such termInation for convenience, CONSULTANT'S recovery against OWNER shall be
limited to that portion of the fee earned through the date of termination, for any Work Orders so
cancelled, together with any retainage withheld and ~ny costs reasonably incurred by CONSULTANT
that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or
j
further recovery against OWNER, including, but not limited to, anticipated fees or profits on Services
1
not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent
reasonably possible.
12.5 Upon termination and as directed by OWNER, the CONSULTANT shall deliver to the OWNER
all original papers, records, documents, drawings, models, and other material set forth arid described
,. In.this Agreement, includil;g.those described in Sectidn 6"that are in CONSULTANTS possession,or
under its control arising out of or relating to this Agreement or any Work Orders.
12.6 The OWNER shall have the power to susp~nd all or any portions of the Services. t? . be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written
,
notice of such suspension. If all or any portion of the Services to be rendered hereunder are 50
I
suspended, the CONSULTANT'S sole and exclusive rbmedy shall be to seek an extension of time to
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its schedule in accordance with the procedures set forth in Article Four herein.
i
12.7 In the event (i) OWNER fails to make any undi~puted payment to CONSULTANT within forty-
five (45) days after such payment is due as set forth in:the Work Order or such other time as required
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by Florida's Prompt Payment Act or (ii) OWNER oth~rwise persistently fails to fulfill some material
obligation owed by OWNER to CONSULTANT underithis Agreement or subsequently issued Work
i
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o r.de r, and (ii) OWNER has failed to cure. such default within fourteen (14) days of receiving written
notice of s'ame from CONSULTANT, then CONSUL TA~T may stop its performance und~r the subject
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Work Order until such default is cured, after giving OWNER a second fourteen (14) days written
i
notice of CONSULTANT'S intention to stop perfor~ance under'the applicable Work Order. If the
Services are so stopped for a period of one hundred and twenty (120) consecutive days through no
act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees
or any other persons performing portions of the Services under contract with the CONSULTANT, the
CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of
!
CONSULTANT'S intent to terminate that Work Ord~r. If OWNER does not cure its default within
!
fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon
fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and
!
recover from the OWNER payment for Services performed through the termination date, but in no
event shall CONSULTANT be entitled to payment for Services not performed or any other damages. ,
from OWNER.
ARTICLE 13
TRUTH IN NEGOTIATION REPRESENT A nONS
13.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
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person, other than a bona fide employee working sdJely 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 or any subsequent Work Order.
13.2, In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT
agrees to execute the required Truth:-In-Negotiation] Certificate, attached hereto and incorporated
herein as Schedule D, certifying that wag'e rates and other factual unit costs supporting the
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,
l
compensation for CONSULTANT'S services to be provided under this Agreement and each
subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the
Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set
forth in each subsequent issued Work Order, if any,. and any additions thereto shall be adjusted to
,
. exclude any significant sums by which the OWNER; determines the price as set forth in the Work
Order was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within on~ (1) year following the end of the subject Work
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ARTICLE 14
CONFLICT OF INTEREST
14.1 CONSULTANT represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of Services required
hereunder. CONSULTANT furth~r represents that no persons having any such interest shall be
employed to perform those Services.
ARTIClE'15
MODIFICAtiON
15.1 No modification or change in this Agreement shall be valid or binding upon either party unless
in writing and executed by the party or parties intended to be bound by it.
ARTICLE 16
NOTICES AND ADDRESS OF RECORD
16.1 All notices required or made pursuant to this Agreement to be given by the CONSULTANT to
the OWNER shall be in writing and shall be delivere<;l by .hand, by fax, or by United States Postal
,
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.
\
Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S
address of record:
Board of Owner Commissioners,
Collier County Florida
Purchasing Department, :Purchasing Building
3301 TamiamfTrail East
Naples, FL' 34112
Attention: Stephen Y. Carnellt Purchasing/GS Director
Fax: 239-732-0844
16.2 All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class man service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
R.W. Beck, Inc.
1000 Legion Place, Suite 1100
Orlando, FL. 32801
Telephone: 4074224911
E-Mail: jdysard@rwbeck.com
Attention: ~oe A. Dysard, "
16.3 Either party may ch~nge its address of reco~d by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE 17
MISCELLANEOUS
17.1 CONSULTANT, in representing OWNER, sh~" promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, cpnfidence; and fair dealing.
17.2 No modification, waiver, suspension or termination of the Agreement or of any terms thereof
shall impair the rights or liabilities of either party.
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17.3 This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4 Waivers by either party of a breach of any provision of this Agreement sh~" not be deemed to
be a waiver of any other breach and shalr not be co~strued to be a modification of the terms of this
Agreement.
17.5 The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Pa~s and Attachments.
17.6 ~his Agreement, including the referenced Schedules and Attachments hereto, constitutes the
entire agreement between-the parties hereto and shali supersede, replace and nullifY any a[ld all prior
agreements or understandings, written or oral, relating to the matter set forth herein, and any such
prior agreements or understanding shall have no force or effect whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall
survive the expiration or termination of this Agreemen(
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17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall
l
be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A WORK ORDER FORM
Schedule 8 RATE SCHEDULE
Schedule C INSURANCE COVERAGE;
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Schedule 0 TRUTH IN NEGOTIATION CERTIFICATE
ARTICLE! 18
APPLICABLE LAW
18.1 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida,
and by such laws. rules and regulations of the United States as made applicable to Services funded
by the United States government. Any suit or action brought by eith~r party to this Agreement against
the other party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts.have sole and exclusive jurisdiction on all such
matters.
ARTICLE 19
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working sol~ly 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 consideratiqn contingent upon or resulting from the award
or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to OWNER the Truth-In-Negotiation Certificate Identified in Article 13 and attached hereto and
made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each
subsequently issued Work Order, jf any, shall be adjusted to exclude any sums by which OV\(NER
d~termines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates
and other factual unit costs.
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19.2 By its execution of this Agreement, CONSUL rANT acknowledges that it has been informed by
OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which
read as follows:
"A person or affiliate who has been piaced on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proll>osal, or reply on a contract with a
public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property
to a public entity, may not be awarded or perform work as a contractor,
supplier,. subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY 1WO for a
period of 36 months following the date: of being placed on the convicted
vendor Iist.1I
ARTICLe 20
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full
deci.sion-making authority and by OWNER'S staff person who would make the presentation of any
settlement reached during negotiations to OWNER fQr approval. Failing resolution, and prior to the
commencement of depositions in any litigation betwe~n the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through ~ediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who would make
the presentation of any settlement reached at mediation to OWNER'S board for approval. Should
. .
either party fail to submit to mediation as required hereunder, the other party may obtain,a court order
requiring mediation under section 44.102, Fla. Stat.
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20.2 Any suit or action brought by either party to this Agreement against the other party relating to
or a~ising out of this Agreement must be brought in the appropriate federal 'or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE 21
IMMIGRATION LAWCOMPUANCE
21.1 By executing and entering into this agreem~nt, the Consultant is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seo. and regulations
relating thereto, as either may be amended. Failure by the Consultant to comply with the laws
referenced herein shall constitute a breach of this agreement and the OWNER shall have the
discretion to unilateraHy terminate this agreement immediately.
.:.
.:.
.:.
.:.
.:.
.:.
.:.
.:.
.:.
.:.
.:.
.:.
.:.
.:.
.:.
.:.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for
Engineering, Technical Support and Financial Consulting Services for Solid Waste" the day
and year first written above.
ATTEST:
BOARD OF COUNTY
COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By: F~~\~
L
;;/~~
Witness
ELIt IN i fl6J1J ~ LLlJ . 0':;(1 u~ ,h1ItNIt Gat....
Typ Name and Title
By:
,'IrJ
g~,~ '1t.e,~fD.<
Typed Name and Title
I~-e.. ,t} D HI}.j .
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SCHEDULE A
,
WORK ORDER #
Agreement for "Engineering Technical Support and Financial Consulting Services for Solid Wasten,
Dated: ,2010 (RFP 10-5485)
This Work Order is for professional describe services for work:known as:
Project Name:
Project No:
The work is specified in the proposal dated I 2010 which i.s attached hereto and made a part of this Work Order. In
accordance with Terms and Conditions of the Agreement refe~nced above, Work Order # is assigned to:
. .
Scope of Work: As detailed in the attached proposal and the followirig:
* Task I
* Task"
* Task III
Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this
Work Order.
Compensation: In accordance with Article Five of the Agreement, the Owner will compensate the Firm in accordance with
the fQllowing methodes): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material
(established hourly rate - Schedule A) _Cost Plus FIxed Fee, as provided in the attached proposal. (define which
method will be used for which tasks)
Task I $
Task II $
Task III $
TOTAL FEE $
Any change made subsequent to final department approval will be considered an additional service and charged
according to Schedule UN of the original Contract Agreement.
PREPARED BY:
name and title
Date
APPROVED BY:
Department Director, Department Name
Date
APPROVED BY:
Division Administrator, Division
Date
ACCEPTED BY: Company name
Signature of Authorized Company Officer
Date
Type or Print Name and Title
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SCHEDU4E 8
Contract 10.-5485
"Engineering, Technical Support and Financial Consulting Services for Solid Waste"
Standard Hourly Rate Schedule
Personnel Categorv
Standard hourlv Rate
Principal $19S
Senior Project Manager $165
Project Manager $148
Senior Engineer $155
Engineer $119
Senior Inspector $85
Inspector $65
Senior Planner $140
Planner $110
Senior Designer $115
Designer $100
Environmental Specialist $115
Senior GIS Specialist $145
GIS Specialist $100
Clerical $60
Surveyor and Mapper $130
. .
CADD Technician $85
Survey Crew - 2 man $130
Survey Crew - 3 man $160
Survey Crew - 4 man $180
This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support
and other services shall be mutually ne.gotiated by the Cotlmty and firm on a project by project basis as
needed.
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SCHEDULE C
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the
following minimum r~quirements with the use of Insurance Services Office (ISO) forms
and endorsements or their equivalents. If CONSULTANT has any self-insured
retentions or deductibles under any of the below listed minimum required coverages,
CONSULTANT must identify on the Certificate of Insurance the nature and amount of
such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be
CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than
the limits specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of
commencement of the Services until the date of completion of all Services required
hereunder or as specified in this Agreement, ~hichever is longer.
(4) Simultaneously with the execution and delivery of this Agreement by
CONSULTANT, CONSULTANT has delivered properly executed Certificates of
insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT
has acquired and put in place the insurance coverages and limits required hereunder.
In addition, certified, true and exact copies of all insurance polices required shall be
provided to OWNER, on a timely basis, if requested by pWNER. Such certificates shall
contain a provi~ion that coverages afforded under the policies will not be canceled or
allowed to expire until at least thirty (30) days prior written notice has been given to the
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OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four
(24) hours after receipt, of any notices of. expiration, cancellation, non-renewal or
material change in coverages or limits received by CONSULTANT from its insurer, and
nothing contained herein shall relieve CONSULTANT of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by
CONSULTANT hereunder, CONSULTANT shall immediately take steps to have t,he
aggregate Ifmit reinstated to the full extent permitted under such policy.
(5) All insurance coverages of the , CONSULTANT shall be primary to any
insurance or self insurance program carried by the OWNER applicable to this
Agreement.
(6) Th.e acceptance by OWNER of any Certificate of Insurance pursuant to
the terms of this Agreement does not constitute approval or agreement by the OWNER
that the insurance requirements have been satisfied or that the insurance policy shown
on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(I) CONSULTANT sh'all require each of its subconsultants to procure and
maintain, until the completion of the subconsultant's services, insurance of the types
and. to the limits specified in this Section. except to the extent such insurance
requirements for the subconsultant are expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance
coverages required herein, the OWNER may terminate the Agreement and any Work
Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages
purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30)
days after demand, OWNER has the right to offset these costs from any amount due
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CONSULTANT under this Agreement ar anyi ather agreement between OWNER and
CONSULTANT. The OWNER shall be under no abligation to. purchase such insurance,
nar shall it be respansible for the coverages .purchased or the insurance company ar
campanies used. The decisian af the OWNER to. purchase such insurance coverages
shall in no. way be canstrued to. be a waiver af any af its rights under the Agreement.
(9) If the initial, ar any s.ubsequently issued Certificate af Insurance expires
priar to. the completion af the Services required hereunder ar terminatian af the
Agreement ar any Wark Order, the CONsuLTANT shall furnish to. the OWNER, in
triplicate, renewal ar replacement Certificate(s} of Insurance. nat later than three (3)
business days after the renewal of the palicy(ies}. Failure of the Cantractar to provide
the OWNER with such renewal certificate(s) .shall be deemed a material breach by
CONSULTANT and OWNER may terminate the Agreement or any'subsequently issued
Wark Order for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes
(1) Workers' Compensatian and Emplayers' Liability Insurance shall be
maintained by the CONSULTANT during the term af this Agreement far all employees
engaged in the work under this Agreement in accardance with the laws af the State of
Flarida. The amounts of such insurance shall nat be less than:
a. Warker's Campensatio,n - Florida Statutory Requirements
b. Emplayers' Liability (check ane)
_x_
$500,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Emplayee
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$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER
and the policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
Not Applicable
(4) Maritime Coverage (Jones Act): shall be maintained where. applicable to
the completion of the work.
Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _~ Yes
(1) Commercial General Liability Insurance, written on an uoccurrence" basis,
shall be maintained by the CONSULTANT. Coverage will include, but not be limited to,
Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this
Agreement, Independent Contractors, Broad Form Property Damage including
Completed Operations and Products and Completed Operations Coverage. Products
and -Completed Operations coverage shall be maintained for a period of not less than
five (5) years following the completion and acceptance by the OWNE~ of the work
under this Agreement. Limits of Liability shall not be less than the following:
_ General Aggregate
$300,000
C-4
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury -
Each Occurrence
Fire Damage
_~ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
16E 1
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the
I
policy shall be endorsed using the following ehdorsement wording. "This endorsement
modifies insurance provided under the following: Commercial General Liability
Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE' applies.
separately to each of your projects away from premises owned by or rented to you."
Applicable deductibles or self-insured retentions shall be the sole responsibility of
CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT
shall be subject to the approval of the Risk Management Director or his designee.
(3) The OWNER, Collier County _ Government, shall be named as an
Additional Insured and the policy shall be endorsed tha~ such coverage shall be primary
to any similar coverage carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground
property damage claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less thari the Commercial General Liability limit
C-5
!16 E cl
shown in subparagraph (1) above if applicabje to the completion of the Services under
this Agreement.
Not Applicable
(6) Aircraft liability coverage shall.be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable
to the completion of the Services under this Agreement.
Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? Yes
(1) A~tomobile Liability Insurance shall be maintained by the CONSULTANT
for the ownership, maintenance or use of any; owned, non-owned or hired vehicle with
limits of not less than:
Bodily Injury & Property Damage - $ 500,000
_X_ Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of
the CONSULTANT and. if so, such policy shall be excess of the Employers! Liability,
Commercial General Liability, and Automobile Liability coverages required herein and
shall include all coverages on a "following form" basis.
C-6
16E 1
,
(2) The" policy shall contain wordirg to the effect that, in the event of the
exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will
ndrop down" to apply as primary insurance. :
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X_ Yes
(1) Professional Liability Insurance shall be maintained by the CONSULTANT
to insure its legal liability for claims arisinQ out of the performance of professional
services under this Agreement. C.ONSUL TANT waives its right of recover against
OWNER as to any claims under this insurance. Such insurance shall have limits of not
less than:
_ $ '500,OOO"each Claim and in the aggregate
_~ $1,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
_ $5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of
the CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for a period of not less
than five (5) years following completion of all Services authorized under this Agreement.
(4) The policy retroactive date will always be prior to the date services were
first performed by CONSULTANT or OWNER under this Agreement, and the date will
not be moved forward during the term of this: Agreement and for five years thereafter.
CONSULTANT shall promptly submit Certificates of Insurance providing for an
unqualified written notice to OWNER of any cancellation of coverage or reduction in
C-7
16E 1
I
limits, other than the application of the aggregate limits provision. In addition,
CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours
after receipt,_ of.any notices of expiration, canbellation, non-renewal or material change
in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy,
CONSULTANT shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy. . CONSULTANT shall promptly submit a
certified, true copy of the policy and any endorsements issued or to be issued on the
policy if requested by OWNER.
, VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the OWNER, on a work order by wO,rk order basis,
CONSULTANT may be required to purchase valuable papers and records coverage for
,.
plans, specifications, drawings, reports, maps, books, blueprints, and other printed
documents in an amount sufficient to cover the cost of recreating or reconstructing
valuable papers or.records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability
policy will be purchased, then CONSULTANT agrees to use its best efforts in
cooperation with OWNER and OWNER'S insurance representative, to pursue the
maximum credit available from the professional liability carrier for a reduction in the
premium of CONSULTANT'S professional liability policy. If no credit is available from
CONSULTANT'S cu~rent professional policy underwriter, then CONSULTANT agrees to
pursue the maximum credit available on the next renewal policy, if a renewal occurs
. .
during the term of the project policy (and on any subsequent professional liability
C-8
16 E 1
policies that renew during the term of the project policy). CONSULTANT agrees that
any such credit will fully accrue to OWNER. Should no credit accrue to OWNER"
OWNER and CONSULTANT, agree to negotiate in good faith a. credit on behalf oT
OWNER for the provision of .project-specific professional liability insurance policy in
consideration for a reduction in CONSULTANT'S self-insured retention and the risk of
uninsured or underinsured consultants.
(2) CONSULTANT agrees to provide the following information when
requested by OWNER or OWNER'S Project Manager:
a.
b.
c.
d.
e.
The date the professional liability insurance renews.
Current policy limits.
Current deductibles/self-insured retention.
Current underwriter.
Amount (in both dollars and percent) the underwriter will give as a credit if
the policy is replaced by an indivldl,Ial project policy.
Cost of professional insurance as a percent of revenue.
Affirmation that the design firm wlll complete a timely project errors and
omissions application.
f.
g.
(3) If OWNER elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and OWNER will provide professional
liability insurance, naming CONSULTANT and its professional subconsultants as
named insureds.
C-g
16 E 1
SCHED4LE 0
TRUTH IN NEGOTIA TJON CERTIFICATE.
In .compliance with the Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, R.W. Beck, Inc. hereby certifies that wages, rates and other
factual unit costs supporting the compensation for the services of the CONSULTANT to
be provided under the Professional Services Agreement, concerning Engineering.
Technical Support and Financial Consutting Services for Solid Waste" are
accurate, complete and current as of the time of contracting.
R.W. Beck, Inc.
BY:
S~/,IJIt:~
8!!"~e/6
TITLE:
DATE:
D-1
16E
1
~
ACORD'
L/
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMlDDIYYYY)
08106/2010
THIS CERTIFICATION IS ISSUED AS A MAneR OF INFORMATION
. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Marsh Risk & Insurance Services
CA LIcense #0437153
777 South Figueroa street
Los Angeles. CA 90017
075988-RW-Cas-10-11
R.W,B
INSURERS AFFORDING Ct;)VERAGE
INSURER A: National Union Fire Ins Co Pitlsburgh PA
. INSuflERB: New Hampshire Insurance CDmpany
INSURER c: Insurance Company Of The state Of PA
INSUflER D:
INSUillER E:
NAlC#
19445
23841
19429
INSURED
R. W. Beck, Inc.,
a wholly owned subsidiary of SAIC
1001 Fourth Avenue, Suite 2500
Seatlle, WA 98154
COVERAGES
6
THE POLICIES OF INSURANCE UmD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POI.IGY PERIOD INDICATED.
NOlWITHSTANDING Atf'( REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN is SUBJECT TO All THE TERMS. EXCLUSIONS AND
CONDmONS OF SUCH POUCIES. AGGREGATE LIMITS SHOVv'N MAY HAVE BEEN RaJUCED BY PAID CLAIMS.
NSF ADD'! TYPE OF INSURANCE POUCYNUMBER ' I'ClUCYEFfElmVE POUC;Y EXPlRAl1DN UMITS
LTR INSRI llI'.n:~ DAlE(MIIIIlDll'YYY)
GENERAL UABILlTY GL 714-62-25 04/01/2010 04/01/2011 EACH OCCURRENCE
A - ~~M~RE:CllI 1,000,000
~ COMNERCIAI. GENERAL LlABllllY $
- b ClAIMS MADE [K] OCCUR MED EXP (Atrf ona penIOn) $ 5,000
- PERSONAl. & NJV INJURY $ 1,000,000
GelERAL AGGREGATE $ 2,000.000
GENERAL AGGREGAlE UMrT APPLIES PER PRODUCTS. cOMPIOP AG< !i , 2,OOQ.Q9.Q
Xl POUCY fi ~~ n LOC
A AUTOMOBILC 1..IA8II..IlY CA 972-70-0~ (ADS) 04/01/2010 04/0112011 . COMBINED SINGLE UMrT $
I-- 1.0oo,0~0
B ~ N<YAUTO CA 972-70-05 (MA) 04/01/2010 0410112011 (Ea eccIdent)
ALL OWNED AUTOS CA 972-70-04 (VA' 0410112'010 04/01/2011 BODILY INJURY $ ---.-.--
A I--
SCHEDULED AUTOS (per pe=n)
I--
25- HIRED AUTOS BOOlI. Y INJURY $
X NON-owNEO AUTOS (per acdclenll
I-- PROPERTY DAMAGE
I-- (per accidenll $
GARAGE L1ABIUlY AUTO ONLY - E;A ACCIDENT $
q /W'( AUTO OTHER THAN EA ACC $
-.--
AUTO ON!. Y: AGG $
A EXCESS I UMBRELLA LIABILITY 27471737 04101/2010 04/0112011 EACH OCCURRENCE. $ 5,000,000
~ OCCUR 0 ClAIMS MADE AGGREGATE $ 6,000,000
$
r=J DEDUCTIBLE ___ _0_-
$
RETENTION $ ~
B WORKERS CO,""ENSATlON AND WC 020-34-2415 (AOS) 0!f/0 1 120 1 0 04/01/2011 X WCSTATU- I IOJl4-
EMPLOYERS'IJABIUTY WC 020-34-2416 (CA) 0il/01/2010 04/01/2011 :.L EACH ACCIDENT ~ 1,000,000
C ANY PROPRIETORIPARTNERlEXECUllVE Y IN we 020-34-2420 (WI) 011/01/2010 04/01/2011
A OFFICE~EMBER EXCLUDED? !II WC 020-34-2417 (FL) 04/0112010 04/01/2011 L DISEASE. SA EMPLOYEE $ 1,000,000
~d'l~ In NH~ II y::s, dasalle laKIer .L DISEASE - POlICY LIMIT $ 1,000,000
B CIA!. ReV! 10 S below
OTHER
DESCRlPTlON OF OPERATlONS/LOCATlONS/VEHICLES/EXCLUSlONS ADDEO BYENDORSEMENT/SPECJlIJ. PROVISIONS
RE:' Contract #10-54B5IEnrrlneering, Technical SUP80rt and FinancIal Consullin~ SeNlces for Solid Waste .
Collier County is addftlonal nsured as respects the L pDllcy referenced above, ut only with respect to the services by named Insured under contract to the
certificate holder.
A waiver of subrogation is provided In favor of the additional Insured. Such insurance Is primary and non-contributory to any other insurance thai may be
available to the '
additional insured where required by contract. --., - -"-'_'-0'
CERTIFICATE HOLDER
LOS-001027954-04
CANCELLATION
Collier County
Contract AdminIstration, Building G
3301 Tam/ami Trail East
Naples, FL 34112
SHOULD At('( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEfORE TliE
EXPIRAllON DAlE llfEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTlCE TO llfE CERTlFICATE'HqLDER NAMED TO llfE LEFT.
BUT FAILURE TO DO SO SHALL IMPose NO OBLlGATlON OR LIABILITY OF ANt KIND
UPON THE INSURER. rTS AGENTS OR REPRESENTATlVES.
A.wn~", ~~:ri~im.^n~SDrvfco. .---s-=-. _
JamesLVogel ~______
ACORD 25 (2009/01)
@ 1998-2009 ACORD CORPORATION. All Rights Reservecl
The ACORD name and logo are registered marKs or ACORD
16E 1
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, lhepolicy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certlficalB holder In lieu of such en~orsement(s).
If SUBROGATION IS WAIVED, s'ubJect to the terms aoo conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
harder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constiMe a contract between the Issuing insurer(s), authorized
representative or producer, and the certificate holder, rt>r does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
Acord 25 (2009/01)
16E
1
ADDITIONAL INFORMATION
LOS-001027954-04
DATI: (MMIDDIYY)
08/06/2010
PRODUCER
Marsh Risk & Insurance Services
CA License #0437153
7Tl South Figueroa Street
Los Angeles, CA 90017
075988-RW-Cas-10-11 R.W.B
INSURERS AFFORDING COVERAGE
NAlC#
INSURED
R. W. Beck, Inc.,
a wholly owned subsidiary of SAlC
1001 Fourth Avenue, Suite 2500
Seattle, WA 98154
INSURER F:
INSURER G:
INSURER tt
INSURER 1;
TEXT"
Workers' Compensatlon Coverage (continued)
Policy #: we 020-34-2418 (OR)
Carrier: New Hampshire Insurance Company
Effective Date: 04/01/2010
Expiration Date: 04/01/2011
Policy#: we 020-34-2419 (IX)
Carner: New HampshIre Insurance Company
Effective Date: 04/01/2010
expIration Date: 04/01/2011
Policy #: WC 020-34-2421 (MA)
Carrier: The Insurance Company of the State of PA.
Effective Date: 0410112010
Expiration Date: 04/01/2011 .. _ .
NOTE: Workers Compensation Insurance for work in the state afWashington is not provided under the above raferenced workers compensation policy.
Coverage Is provided by the Washington State Department of Labor & Industries program. Stop Gap Employers Uability Insurance for the state of
Washington Is provided under the above referenced workers compensation policy.
CERTIFICATE HOLDER
Collier County
Contract Administration, Building G
3301 Tamiami Trail East
Naples, FL 34112
"UTllOItZED REPRESENTATIVE
or M...h Ri.k & lnluranc. Slrvl"".
JameS L Vogel
-:-::' Pag~_ 3:- : :-.
~
. ". . -"
...... ....
I :. '"
16E 1
THIS ENDORSEMENT CHANGES THE POllCY. PLEASE READ IT CAREFULL Y.
ENDORSEMENT
Insurance Primary as to Certain Additional Insureds
This endorsement) effective 12:01 AM 04/01/2010 forms apart of Policy No.
CA9127003 issued to SA/C,INC.
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
This endorsement roodifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
Section IV -Business Auto Conditions, B., General Conditions, 5., Other Insurance,
c., is amended by the addition of the following seclence:
The insurance afforded under this policy to an additional instred will apply,3.g primary. ,...... . ,
insurance f~ such additional ,insured whe~e so required under an agreement eKecuted
prioc to the date of accident, We will not ask any insurer that. has issued other insurance
to such additional insured to contribute 1:0 the set1Jement of loss arising out of such
accident
All other terms and conditions remain unchanged.
t{~
AUTHORIZED REPRESENTATIVE
74445 (10-99)
16E 1
ENDORSEMENT
This erdorsement, el'fective 12:01 A.M.
0410'11201 0
forms a part ct
POlicy No. GL 714022~
Issued to SAlC,INC.
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
ADDITION.AJ..INSURED PRIMARY INSURANCE
This endorsement modifies ilsurance provk1ed under tre following:
COMMERCIAl LIABILITY COVERAGE FORM
Section W, Commercial General Uablllty CondltlJ'ls, paragraph 4, other Insurance, SUbparagraph
a. Primary Insurance, Is amended by tre alXfltion of the follOWIng:
- . . . .
However, coverage unrer this policy afforded to an additional ilsured Will apply as prlmary
insut<lnce wt'Iere required by cootrac.t, al"d any other Insurance Issued to such addltlonallnsured
shall apply as excess am noncontributory nsurance.
~~
AuthoriZed Representative
744 J4 (10/99) .
16E 1
/l
ACORD'
~
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMlDD/YYYY)
081091201 0
THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Marsh Risk & Insurance Services
CA Ucense #0437153
777 Soulh Figueroa Street
Los Angeles, CA 90017
075988-RW-Prof-10
R.W.B
INSURERS AFFORDING COVERAGE
INSU~R A:. Underwriters at Lloyd's. London
INSUReR B:
INSURER C:
NAIC#
INSURED
R. W. Beck. Inc_.
a wholly owned subsidiary of SAIC
1001 Fourth Avenue, Suite 2500
Seattle, WA 9B154
INSURER D:
INSURER E:
COVERAGES
7
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO mE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTVVITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VV1TH RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND
CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOIJIM MAY HAVE BEEN REQUCED BY PAID CLAIMS.
NS~ ADD' TYPE OF INSURANCE Pl11CY EFFECTIVE POUCY!XI'IRATlOH UMlTS
LTR INSRl POLICY NUMBER DAte IMMlDDIYYYY) DATE (MMlDIlIYYYY)
GENERAL UABILITY EACH OCCURRENCE
- ~~~J~~~\ $
COMMERCIAL GENERAL L1ABIUTY
- ~ Cl.AIMS MADE D OCCUR MED EXP (Ant one person) $
-
PERSONAL & ADV INJURY $
GENERAl AGGREGATE $
GENERAL AGGREGATE LIMIT APPllES PER PRODUCTS - COMPIOP AG( S
I POUCY n ~g: n LOC
AUTOMOBILE UABILlTY COMBINED SINGLE LIMIT
- $
IW'fAUTO (Ea accIds1l)
- ALL OWNED AUTOS BODILY INJURY $
-
SCHEDULED AUTOS (Per per.;on)
-
HIRED AUTOS BODILY INJURY $
- (Per accident)
NON-O\M.I ED AUTOS
- PROPERTY DAMAGE
(Po< accident) $
GARAGE LIABILITY AUTO ONLY - EAACClDENT $
q AIN AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
exCESS / UIIBRELLA L1ABIUTY EACH OCCURRENCE $
:=J OCCUR D CLAIMS MADE AGGREGATE $
$
H DEOUCTIBLE $
RETENTION $ 1-:
WORKERS COMPENSATION AND VIe sTATU- I om-
EMPLOYERS' UABlUTY $
my PROPRIETORlPARTNERlEXECUTIVE Y I N .L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? D L DISEASE - EA EMPLOYee $
~andal~ in NH~IfYllS, desaibe lnler ,L DISEASE - POllCY LIMIT $
PECIAL ROVl ONS below
A OTHER Professional Uabilily QF026610 0613012010 06/30/2011 Each ClaIm $1.000.000
Including Contractor's Lloyd's of London Syndicates Aggregate $2,000,000
Pollution Legal Liability A F Beazley #623 & 2623 .Claims Made'
DESCRIPTION OF OPERATlONSILOCATlDNSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Contract #10.5485IEn~ineering, Technical Slfcport and Financial Consulling Services for Solid Waste ,
Waiver of Subrogatlon app les In favor of the certi lcate holder as respects claims arising from professional services provided under a c;ontract, but only If, and
to the extent, required underwritten contract."
CERTIFICATE HOLDER
LOS.o01027955-06
CANCELLATION
Collier County
Contract AdminIstration, Building G
3301 Tamlaml Trail East
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BefORE THE
EXPIRATION DATE THEREOF. THE ISSUINCJ INSURER WIll ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT fAilURE TO DO SO SHALL IMPOSE NO OBLlCJA liON OR UABlLlTY OF ANY KIND
UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
A,Wj1~ Mf:'~i~~~serv'ces
James LVogel ~
@ 1998-2009 ACORD CORPORATION. All Rights Reserved
The ACORD name and logo are registered marks of ACORD
ACORD 25 (2009lO1)
16E 1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGA TrON IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s),
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
Acord 25 (2009/01)
16 E 1
ADDITIONAL INFORMATION
LOS-001027955-06
DATE (MMlDD/YY)
08109/2010
PRODUCER
Marsh Risk & Insurance Services
CA Ucense #0437153
7IT South Figueroa Street
Los Angeles, CA 90017
075988-RW-Prof-10
R.W.S
INSURERS AFFORDING COVERAGE
NAIC t#
INSURED
R. W. Beck, Inc.,
a wholly owned subsidiary of SAIC
1001 Fourth Avenue, Suite 2500
Seattle, WA 98154
INSURER F:
INSURm G:
INSURER H:
INSURER t
TEXT
CERTIFICATE HOLDER
Collier County
Contract Administralion, BuDding G
3301 TamiBmi Trail East
Naples. FL 34112
AUTHO Ell REPRESENTATIVE
of M.~ RIsk & In.uronco ServlcBS
JamesiL Vogel
~
.,.~ .
,;-:"I"_}: >:pag~~;;<f--
-1;_"'
MARSH L TO
CONTRACT NO.
QF026610 (1)
:i>:.o;i~:'i~~i!~.
"T~~'
XIV. SUBROGATION
- ....~
:~rj~:1.r1;~~'~~~
16 E
\
,
1
~
PAGE 17 OF 57
In the event of any paymenf under this Policy. too Underwriters shall be subrogated lo all the
1NSURED'S rightS Of recovery therefore against any person or organization and the INSURED
shall execute and delfver instruments and papers and do whatever else is necessaf)! to
secure such rights. The INSURED shalt do nothing after a CLAIM to prejudice such rights.
However, it is agreed that the Underwriters waives its ngttls of subrogation under this policy
against any person or {)rgr,lnt41tion as respects CLAIMS arising from PROFESSIONAL
SERVICES or CONTRACilNG SERVICES prQvided under a contract t.o perform such
Professional Services or Contracting Services which r~qujres a waivar of subrogation. but only
to the extent required" by Written contract. .