#10-5485 Assumption Agreement (SAIC /RW Beck)
16E 1
4.Cmmty
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-8375
FAX: (239) 252-6597
Email: dianadeleon@collieroov.net
www.collierqov. netJourchasinq
A.dIrinistative Servicss (lvjsjoo
Purdlasing
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 16E 1 .
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.
5&4
Date
(Please route to County Attorney via attached Request for Legal Services)
DATE RECEl~
MAY 13 2011
RISK ~
G/Acq uisitions/AgentFormsandLetters/RiskMgmtReviewofl nsurance4/15/20 10/16/09
16E 1
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of Met ~ (0 ,2011 by
and between SAIC Energy, Environment & Infrastructure, LLC ("SAIC"), 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 referred to as the "Agreement"); and
WHEREAS, SAIC hereby represents to Collier County that by virtue of an asset purchase
agreement, SAIC is the successor in interest to RW Beck in relation to the Agreement; and
WHEREAS, the parties wish to formalize SAIC's assumption of rights and obligations
under the Agreement, effective as of the date first above written.
NOW THEREFORE, IN CONSIDERA nON 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. SAIC accepts and assumes all rights, duties, benefits, and obligations of the
Consultant under the Agreement, including all existing and future obligations to pay and perform
under the Agreement.
2. SAIC 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:
SAIC Energy, Environment & Infrastructure, LLC
1000 Legion Place, Suite 1100
Orlando, FL 32801
Attention: Robert Craggs
5. The County hereby consents to SAIC assumption of the Agreements. No waivers
of performance or extensions of time to perform are granted or authorized. The County will treat
SAIC 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.
nfrastructure, LLC , " .~ /. /
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f-./'.-; . - !;
Attest: Y-;AlfM G .._)t2il..a/
/k,<;1 c ~orporate Secretary
Date: D L( ( I ~ I 2_0 I (
FOR COLLIER COUNTY:
AT1.:Jj~T-:r.)' P,JAR~"""
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FORS
Date: ~ I?> I 20 II
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
2
16 E 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 httD:llwww.saic.com/customer/moil . 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
SAIC Energy, Environment & Infrastructure, LLC Co. C The Insurance Company of the State of Pennsylvania
A wholly owned subsidiary of SAIC 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 POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRA nON LIMITS
LTR DATE DATE
GENERAL GENERAL $ 10,000,000
A LIABILrry GL 4406261 04/01/11 04/01/12 AGGREGATE
PRODUCTS- $ 2,000,000
COMMERCIAL COMP/OP AGG
GENERAL LIABILITY PERSONAL & ADV $ 1,000,000
INCLUDING INJURY
CON1RACTUAL 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 $ 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 CA 4309416 (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 $ 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 $ 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
THE PROPRIETOR I EL DISEASE - $ 3,000,000
B PARTNERS I WC 061967339 ('IX) 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 LIABrr.rry QF 026610 06/30/1 0 06/30/11
INCLUDING AGGREGATE $ 10,000,000
CON1RACTOR'S
POLLUTION LEGAL
LIABILITY
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,
16 E 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. (SAIC) 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/moil. 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 of SAlC
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 and any other organizations or persons 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))
h"":l/www,saic,comlc".tomer/mni/dnwnlnadl"'L Where Re"uired bv Contractndf
Additional Insured - Managers or Lessors of Premises (Form CG 20 II 0 I 96)
h"":/Iwww,.ai. .n~/customer/~oi/downloadlr.' M~ nr L_~R f Premises,odf
Additional Insured- Lessor of Leased Equipment (CG 20 28 07 04)
. I 'm1''''''''m-r/mnil T.",,~, nf T.e '
Additional Insured- Vendors (Form CG 20150704)
h"":l/www, ";c,comlcustomer/moi/downloadlr.T V enrinR, ndf
Additional Insured - Primary Insurance (AlG Form 74434 (10/99))
h""'/Iwww ..i, 'nmlc""'n~_r/~oi/rl~wnlnarl/"'L Prim'~ In,,,,"n.. nrlf
Waiver Of Transfer Of Rights Of Recovery Against Others To Us (CG 24 04 10 93)
h"":llwww,saic,comlcustomer/mni/downloadl"" Waiver of Subro=rion,ndf
AUTOMOBILE LIABILITY ENDORSEMENTS:
Additional Insured - Where Required Under Contract Or Agreement (AlG Form 87950 (10/05))
h,,"'/Iwww,saic,comlc"""'mer/mni/dnwnl';.rlIAL Where Ren'd bv rontract ndf
Lessor - Additional Insured and Loss Payee (CA 20 0 I 10 0 I)
h"":llwww";' M~/cu.tomer/moi/downloadlAL L."or Lo" Pavee,odf
Insurance Primary As To Certain Additional Insureds (AIG Form 74445 (10/99))
h"":/Iwww,saic,cnmlc"",nmer/moi/downloadlAL Prim'~ In.nred,ndf
Waiver of Transfer of Rights Of Recovery Against Others To Us (AIG Form 62897 (06/95))
htm:I/WW\V.saic.comlcustomer/moi/downloadlAL Waiver of Subrooarion.ndf
WORKERS' COMPENSATION & EMPLOYERS LIABILITY ENDORSEMENTS:
Waiver of Our Right To Recover From Others
h""'llwww,saic,comlc";"'mer/moi/downloadlWC Waiver of Subroaation,ndf
Alternate Employer Endorsement
.~ AP
UMBRELLA LIABILITY ENDORSEMENTS:
Additional Insured - please note that because the AIG Umbrella Prime form #80517 05/06 policy defmition 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 AIG Umbrella Prime form #80517 05/06 policy states that "If, prior to the time ofan
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
Wlder 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--://www ",..i... com/customer/moi/downloadl07-08 ~ 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 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 SAIC 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 SAle 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 SAIC 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,
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. (SAIC) is prohibited. "Authorized viewer" shall mean an entity or person
which is authorized by the insured named herein to access this Memorandum via httD:llwww.saic.com/customer/moil . 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
RW. 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, W A 98154 Co, E Factory Mutual Insurance Company
COVERAGES i< < '..
..,,", '..'.. ,'.' i <., ',' ...... ,.,..
THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDmONS OF SUCH POUCIES. UMITS 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 LIABILrry GL 4406261 04/01/11 04/01/12 AGGREGATE
PRODUCTS - $ 2,000,000
COMMERCIAL COMPIOP AGG
GENERAL LIABILITY PERSONAL & ADV $ 1,000,000
INCLUDING INJURY
CONTRACTUAL EACH $ 1,000,000
LIABILITY (per ISO
Form CGOOOl 12/07) OCCURRENCE
FIRE DAMAGE (ANY $ 1,000,000
OCCURRENCE FORM ONE FIRE)
MED EXP $ 10,000
(ANY ONE PERSON)
AUTOMOBILE COMBINED SINGLE $ 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) 04/01111 04/01/12
HIRED AUTOS &
A NON-OWNED AUTOS CA4309416 (VA) 04/01111 04/01/12
UMBRELLA EACH $ 10,000,000
A LIABILrry 25030246 04/01/11 04/01/12 OCCURRENCE
UMBRELLA FORM AGGREGATE $ 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) 04/01111 04/01/12 EL $ 3,000,000
LIABILITY EACH ACCIDENT
C INCLUDES USL&H WC 061967341 (MA) 04/01111 04/01/12 EL DISEASE - $ 3,000,000
B WC 061967338 (FL) 04/01/11 04/01/12 POLICY LIMIT
TIIE PROPRIETOR I EL DISEASE - $ 3,000,000
B PARTNERS I EACH EMPLOYEE
EXECUTIVE WC 061967339 (TX) 04/01/11 04/01/12
A OFFICERS ARE:
WC 061967340 (WI) 04/01111 04/01/12
INCLUDED
PROFESSIONAL EACH CLAIM $ 10,000,000
D LIABILITY QF 026610 06/30/10 06/30111
INCLUDING AGGREGATE $ 10,000,000
CONTRACTOR'S
POLLUTION LEGAL
LIABILITY
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
OTIIERS WHERE
REQUIRED
The Memorandum 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 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. (SAIC) is prohibited. "Authorized viewer" shall mean an entity or person
which is authorized by the insured named herein to access this Memorandum via htto:/lwww.saic.com/customer/moil . 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") RW. Beck, Inc., a wholly owned subsidiary ofSAIC
777 South Figueroa Street 1001 Fourth Avenue, Suite 2500
Los Angeles, CA 90017 Seattle, WA 98154
ADDrrIONAL 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 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))
h ' I' er/m il Where Reauired bv
Additional Insured - Managers or Lessors of Premises (Form CG 2011 01 96)
httn:liwww,saic,com/customer/moi/downlnodl(;L M... nr Le""'.. of Premi,,,,, ndf
Additional Insured - Lessor of Leased Equipment (CG 20 28 07 04)
httn:llwww,saic com/customer/moi/downlno"'{;T T _;nr nf , f
Additional Insured - Vendors (Form CG 20 150704)
Ihttn:/lwww.saic.com/cmttomer/moi/downloadlGL Venders. ndf
Additional Insured - Primary Insurance (AIG Form 74434 (10/99))
httn:liwww 'aicom1customer/moi/dnwnlnodl{;T, Primo", Insurance,ndf
Waiver Of Transfer Of Rights Of Recovery Against Others To Us (CG 2404 10 93)
Ihttn:/Iwww.saic.comlcustomer/moi/downloadlGL Waiver of Subroe:ation:Ddf
AUTOMOBILE LIABILITY ENDORSEMENTS:
Additional Insured - Where Required Under Contract Or Agreement (AlG Form 87950 (10/05))
h"'" '/~ ";c,com/customer/m il Where RM'd hv rnnt"'''' ndf
Lessor-Additional Insured and Loss Payee (CA 20 01 1001)
htln'/Iwww,saic cnmleustomer/moildownloadlAL Lessor Loss Pavee,odf
Insurance Primary As To Certain Additional Insureds (AIG Form 74445 (10/99))
httn'llwww..ie Mm/customerl '/dn~l ...,., 1>.-' IM"red ndf
Waiver of Transfer of Rights Of Recovery Against Others To Us (AlG Form 62897 (06/95))
httn:/Iwww.saic.comlcustomerfmoi/download/AL Waiver of Subro17ation.odf
WORKERS' COMPENSATION & EMPLOYERS LIABILITY ENDORSEMENTS:
Waiver of Our Right To Recover From Others
Ihttn:/Iwww.saic.com/r:ll'::tnmer/moi/downloadIWC Waiver of Subrop'arinn.ndf
Alternate Employer Endorsement
: A" End
NOTE: Workers Compensation insurance for work in the state of Washington is not provided under 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 under the
above referenced workers compensation policy,
UMBRELLA LIABILITY ENDORSEMENTS:
Additional Insured - please note that because the AlG Umbrella Prime form #80517 05/06 policy defmition 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 AIG 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
httn:liwww,saic,com/customer/moi/downloadl07-08 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 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 SAle. 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 ofInsurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized,
16 E 1
/l
ACORd
"'-"
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMlDDIYYYY)
08109/2010
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 POLICIES BELOW.
PRODUCER
Marsh Risk & Insurance Services
CA License '#0437153
777 South Figueroa Street
Los Angeles, CA 90017
075988-RW-Prof-10
RWB
INSURERS AFFORDING COVERAGE
INSU~R k UndelWTlters al L1oyd'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 98154
INSURER 0:
INSURER E:
COVERAGES
7
THE POLICIES OF INSURANCE LISTED BELOVil HAVE BEEN ISSUED TO THI: INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WrlICH 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 SHOINN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSF ADD'L TYPE OF INSURANCE POlICY NUMBER PdUCY EFF~Cl1VE POLICY I!XPIRATION UMlTS
LTR INSRJ: DAte (Mr.wDl't'YYY) DATE (MMlDD/YYYY)
GENERAL L1ABIUTY EACH OCCURRENCE :Ii
'-- ~~~~:;=ncel $
COMNERCIAL GENERAL LIABILITY
- P ClAIMS MADE D OCCUR MED EXP (Any 0IlI!l penon) $
- PERSONAL & ADV INJURY $
GENERAl AGGREGATE $
GENERAL AGGREGATE LIMIT APPLIES PER PRODUCTS. COMPIOP "'G~ $
I POLICY n ~& n LOC
AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT
- (Ea aeeldant) $
IWYAUTO
- ALL OWNED AUTOS BODILY INJURY $
-
SCHEOULEO AUTOS (Per pernoo)
- HIRED AUTOS
BODILY INJURY $
- (Per aeddent)
NON-OVl.tJED AUTOS
- PROPERTY DAMAGE
- (Per accident) $
GARAGE LIABIUTY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EAACC $
AUTO ONLY: $
AGG
EXCESS I UMBRELLA UABILlTY EACH OCCURRENCE $
~ OCCUR D ClAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ ~
WORKERS COMPENSATION AND I'\C ST A TU- 10J.l;l-
EMPLOYERS' L1ABIUTY $
ANY PROPRIETORIPARTNERlEXECUTIVE Y fN ,L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? D L. DISEASE - EA EMPLOYEE $
~andat~ in N~ If yes, describe IM1dsr .L. DISEASE - POLICY LIMIT $
PECIAL ROVl IONS below
A OTHER Professional Liability QF026610 06130/201 0 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 OPERATlONSILOCATlONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
RE: Contract #10-5485/EI~IWneering, Technical Support Bnd Financial Consulting Services for Solid Waste
Waiver of Subrogation ap les in favor of the certificate holder as respects claims arising from professional services provided under a contract, but only if, and
10 the extent, required underwritten contract."
CERTIFICATE HOLDER
LOS-001027955-06
CANCELLATION
Collier County
Contract Administration, Building G
3301 Tamlami Trail East
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, TH~ 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 LlABIUTY OF ANY KIND
UPON TME INSURER, ITS AGENTS OR REPRESENTATIVES.
~f1J.\~rs R1~W:i~;~::~SeNfceS
James L Vogel ~
@ 1998-2009 ACORD CORPORATION. All Rights Reserved
The ACORD name and logo are registered marks of ACORD
ACORD Z5 (2009101)
16 E 1
IMPORT ANT
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 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/YV)
08/0912010
PRODUCER
Marsh Risk & Insurance Services
CA Ucense #0437153
7IT South Figueroa Street
Los Angeles, CA 90017
075988-RW-Prof-10
RW.B
INSURERS AFFORDING COVERAGE
INSURER F:
INSURER G:
INSURER H:
INSURER I:
NAIC#
INSUREO
R. W. Beck. Inc.,
a wholly owned subsidiary of SAfC
1001 Fourth Avenue, Suite 2500
Seattle. WA 98154
TEXT
CERTIFICATE HOLDER
Collier County
Contract Administration. Building G
3301 Tamiami Trail East
Naples, FL 34112
AlITHO ED REPRESafTAllVE
of Mar1J1 Risk & Insurance ServlclI$
Jame9'L. Vogel
~
',' i",uuj)a'ge3::<p>
16 E 1
EXHIBIT A
-
.,
Contract # 10-5485
"Engineering, Technical Support and Financial Consulting Services for Solid Waste"
FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 27th 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 address is 1001 Fourth Avenue, Suite 2500, Seattle,
Washington 98154 (hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, it is in the best interests of OWNER to' be able to obtain professional Engineering
Technical Support and Financial Consulting Services 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 firm to provide professional services to a political
subdivision, such as the County; and
WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of
Section 287.055, Florida Statutes, to provide professional Engineering Technical SuppC)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
herein, the parties hereto agree as follows:
1
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ARTICLE 1
CONSULTANT'S RESPONSIBILITY
1.1 From time 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 written 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
the procedures described herein. The form of the Work Order is set forth in attached Schedule A
Reference to the term 'Work Order" herein, with respect to authorization of Services, includes all
written Amendments or Change Orders to any particular Work Order. CONSULTANT acknowledges
and agrees 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 approved
in writing by the Board of County Commissioners of Collier County. Work order assignments for
CCNA contract shall be made in accordance with the OWNER'S current administrative procedures or
as amended by OWNER.
1.2.1 All Services. must be authorized in writing by OWNER in the form of a Work Order.
CONSULTANT shall not provide any Services to OWNER 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
at CONSULTANT'S own risk and OWNER shall have no liability for such Services.
2
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1.2.2 As OWNER identifies certain Services 'it wishes CONSULTANT to provide pursuant to
the tenns of this Agreement, OWNER shall 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, to such Services and if both parties are in
agreement therewith, they shall jointly execute the Work Order.
1.2.3 Upon execution of a Work Order as :aforesaid, 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.
1.2.6 All duly executed Work Orders (including all written Amendments or Change Ordels
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 State of F!orida and in Collier County, Florida,
including, but not limited to, al/ licenses required by the respective state boards and other
3
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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 that, when the Services to be provided hereunder relate to a
professional selVice which, under Florida Statutes, requires a license, certificate of authorization or
other form of legal entitlement to practice such SelVices, 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 CONSULTANT'S project coordinator for the
Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator").
The Project Coordinator is authorized and responsible 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 Coordinator has full authority to bind and
obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The
CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote
whatever time is required to satisfactorily manage th$ selVices to be provided and performed by the
CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge
and Project Coordinators shall 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) calendar days of. receipt of a written request from
,
OWNER to promptly remove and replace the Principal in Charge or any Project Coordinator, or any
other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
4
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or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform any of the Services pursuant to the requirements of this Agreement or any
applicable Work Order, said request may be made with 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 and Financial Consulting Services that will be
required under this Agreement. The CONSULTANT agrees that all services to be provided by
CONSULTANT pursuant to this Agreement shall be'subject to the OWNER'S review and approval
and shall be in accordance with the generally accepted standards of professional practice in the State
of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules,
regulations and requirements of any govemmental 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'S 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 the subject Work Order.
1.7.1 The OWNER reserves the right to deduct portions of the (monthly) invoiced (task) amount for
the following: Tasks not completed within the expressed 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
5
16 E 1
correct the deficiency within the specified timeframe, these funds would be forfeited by the
CONSULTANT. The OWNER may also deduct or 'charge the CONSULTANT for 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 subpoenaed, 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be
submitted in an AutoCad Digital Exchange File (OXF) format on a CD or DVD, drawn in the Florida
State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference
specific established Survey Monumentation, such as Certified Section Corners (Halt or Quarter
Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic)
GPS Network as provided by OWNER. Information layers shall have common naming conventions
(i.e. right-at-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry
standard CAD specifications.
6 .
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ARTiCLE 2
ADDITIONAL SERVICES 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 SelVices shall be set forth in the Amendment or Change Order authorizing those Additional
Services. With respect to the individuals with authority to authorize Additional SelVices under this
Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative
Procedures in effect at the time such selVices 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 prior to starting such selVices. OWNER will 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) an admission by CONSULTANT that such Work
is not additional but rather a part of the Services originally required of CONSULTANT under the
subject Work Order.
2.2 If OWNER determines that a change in a Work Order is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment or Change Order shall be issued to
document the consequences of the changes or variations, provided that CONSULTANT has delivered
written notice to OWNER of the emergency within forty-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 it otherwise may have had to seek an adjustment
to its compensation or time of performance under the bUbject Work Order.
7
,16 E 1
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 "Project Manager"). The Project Manager shall have authority to
transmit instructions, receive infonnation, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not
authorized to issue any verbal or written orders or 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) The ,scope of Services to be prO\rided and perfo~ed by the CONSULTANT as
set forth in the Work Order;
(b) The time the CONSULTANT is obligated to commence and complete all such
Services as set forth in the Work Order; or
(c) The amount of compensation 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 work 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, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations;
8
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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, includ ing existing drawings,
specifications, shop drawings, product literature, previous reports and any other
data relative to the subject Work Order;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the site
(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 TANTof any deficiencies or defects discovered by the
OWNER with respect to the Services to be rendered by CONSULTANT
hereunder.
ARTICLE 4
TIME
4.1 Each Work Order will have a time schedule ("Schedule") for the performance of the Services
required under the subject Work Order. Said Schedufe shall be in a form and content satisfactory to
OWNER. Services to be rendered by CONSULTANT ~ha" 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 to acts of nature or of public enemy, acts of
government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs,
then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement
9
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of such delay, stating the specific cause orcauses 'thereof, or be deemed to have waived any right
which CONSULTANT may have had to request a time extension for that specific delay.
4.3 Unless otherwise expressly provided in the 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 which OWNER may be responsible in whole or in
part, shall relieve CONSULTANT of its duty to perform 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 early 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 un~er this Agreement (including any and all Work
Orders) until such time as the CONSULTANT resumes performance of its obligations hereunder in
such a manner so as to reasonably establish to the OWNER'S 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
deemed a waiver of any right or claim OWNER may have against CONSULTANT 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
COMPENSATION
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
agrees to furnish to OWNER, after the end of each calendar month, or as specified 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 agreement 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 invoiced 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 of Collier or Lee Counties approved by OWNER.
5.2.2.2
Expenses for reproducing documents that exceed the number of
documents described in this Agreement 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 work requiring higher than regular rates approved in
advance and in writing by OWNER.
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 and approved in writing by the OWNER.
5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of
j
the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
12
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5.3 CONSULTANT shall bear and pay all overhsad 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 to 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 proposed Work Order. CONSULTANT shall promptly
supply such estimate to OWNER based on CONSULTANT'S good faith analysis.
5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized
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 or within six (6) months' after completion of
contract. Any untimely submission 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.
5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis.
13
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ARTICLE 6
OWNERSHIP OF :DOCUMENTS
6.1 Upon the completion or termination of each 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 developed by or for CONSULTANT under the applicable
Work Order C'Project Documents"). OWNER shall\specify whether the originals or copies of such
i
Project Documents are to be delivered by CONSULTANT. 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 Documents for its files and internal use.
6.2 Notwithstanding anything in this Agreement to 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
authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to
grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project
Documents to complete the subject project or task following CONSULTANT'S termination for any
reason or to perform additions to or remodeling, replacement or renovations of the subject project or
task. CONSULTANT also acknowledges OWNER may be making Project Documents available for
review and information to various third parties and hereby consents to such use by OWNER.
14
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ARTICUE 7
MAINTENANCE OF RECORDS
7.1 CONSULTANT will keep adequate records and supporting documentation which concern or
reflect the Services hereunder. The records and documentation 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
Work Order is completed, whichever is later, or such later 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 documentation 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 day to day, showing the time expended by each
principal and employee of CONSULTANT in performing the SelVices 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 proofs 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 allli~bilities, damages, losses and costs, including,
15
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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 companies 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:
9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability
policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of
this Agreement shall name Collier County Government, Collier County, Florida, as an additional
insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of
interests provisions.
9.3.2 Companies issuing thE? insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for 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 insurance 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. form with no limiting endorsements, must reference and identify this
Agreement.
9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
9.4 CONSULTANT, 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 of 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 The 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 shall 'be 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 firm. 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 Services 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 utilize with respect to the subject Work Order., All
personnel, subconsultants and subcontractors identtfied 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
Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the
CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the,
OWNER. Each subconsultant or subcontract agreement 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 or 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 enter into similar 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 construed to create any contractual relationship between OWNER
and any subconsultant or subcontractor.
ARTICLE 11
WAIVER OF CLAIMS
11.1 CONSUL TANT'Sacceptance of final payment for Services provide under any Work Order shall
. constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it
against OWNER arising out of the Work Order or otherwise related to those Services, and except
those previously made in writing in accordance with the terms of this Agreement and identified by
CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of
CONSULTANTS Services nor payment by OWNER shall be deemed to be a waive'r of any of
OWNER'S rights against CONSULTANT.
I
ARTICLE 12
TERMINATION OR SUSPENSION
12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is
agreed that either party hereto shall at any and all times have the right and option to terminate this
Agreement by giving to the other party not less than thirty (30) days prior written notice of such
termination. Upon this Agreement being so terminated 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 section, for any of the following reasons: (a)
CONSULTANT'S failure to begin Services under any particular Work Order within the times specified
under that Work Order, or (b) CONSULTANTS failu~ 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
, ,
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
determined for any reason that CONSULTANT was not in default, or that its default was excusable, or
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 contra~ (including the provisions of paragraph 12..1
above), OWNER shall have the right to tenninate this 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 termihation 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 any costs reasonably incurred by CONSULTANT
that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or
further recovery against OWNER, including, but not limited to, anticipated fees or profits on Services
I
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 and described
".in this Agreement, including, those described in Section 6, that are in CONSULTANT'S 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 suspend all or any portions of the Services, to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written
notice of such suspension. If all or any portion of tre Services to be rendered hereunder are so
suspended, the CONSULTANT'S sole and exclusive r~medy shall be to seek an extension of time to
its schedule in accordance with the procedures set forth in Article Four herein.
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
,
by Florida's Prompt Payment Act or (ii) OWNER othelWise persistently fails to fulfill some material
obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work
Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written
notice of same from CONSULTANT, then CONSUL TA~T may stop its performance under the subject
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Work Order until such default is cured, after giving OWNER a second fourteen (14) days written
notice of CONSULTANT'S intention to stop perforfllance 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 Order. 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 NEGOTIA rlON REPRESENTATIONS
13.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working sdlely 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~ln-Negotiation Certificate, attached hereto and incorporated
herein as Schedule DJ certifying that wage rates and other factual unit costs supporting the
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1
compensation for , CONSULTANT'S selVices 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 one (1) year following the end of the subject Work
Order.
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
MODlFICA liON
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 delivered by hand, by fax, or by United States Postal
23
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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 Tamiami Trail East
Naples, FL 34112
Attention: Stephen Y. Carnell. 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 maD 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: 407-422-4911
E-Mail: jdysard@rwbeck.com
Attention: Joe A. Dysard, /I
16.3 Either party may change its address of recor1d by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE 17
MISCELLANEOUS
17.1 CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence; 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 shall not be deemed to
be a waiver of any other breach and shall' not be construed 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, Parts and Attachments.
17.6 This Agreement, including the referenced Schedules and Attachments hereto, constitutes the
entire agreement between the parties hereto and shall supersede, replace and nullify any and 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 Agreement.
17.8 This Agreement may be simultaneously execuied in several counterparts, each of which shall
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 B RATE SCHEDULE
Schedule C INSURANCE COVERAGE
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\
,
Schedule D 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 CONSU L T ANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement. 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, if any, shall be adjusted to exclude any sums by which OWNER
determines 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, CONSULTANT 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 placed 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, proposal, 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 TWO for a
period of 36 months following the date- of being placed on the convicted
vendor list."
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
decision-making authority and by OWNER'S staff person who would make the presentation of any
settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation 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 anti 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 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 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, 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 sea. 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 unilaterally 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
By:
,lIt
g!w ,;.c. '11. I.c. (b.<
Typed Name and Title
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SCHEDULE A
WORK ORDER #
Agreement for "Engineering Technical Support and Financial Consulting Services for Solid Waste",
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 is attached hereto and made a part of this Work Order. In
accordance with Terms and Conditions of the Agreement refenanced above, Work Order # is assigned to:
Scope of Work: As detailed in the attached proposal and the following:
* Task I
* Task /I
'" Task /II
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 following method(s): _Negotiated Lump Sum_Lump Sum Plus Reiinbursable 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 1/1 $
TOTAL FEE $
Any change made subsequent to final department approval will be considered an additional service and charged
according to Schedule "A" 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
A-1
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SCHEDU~E B
Contract 10-5485
"Engineering, Technical Support and Financial Consulting Services for Solid Waste"
Standard Hourly Rate Schedule
Personnel Cateaorv
Standard hOLlrlv Rate
Principal $ 195
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 otherservices shall be mutually negotiated by the COUlnty and firm on a project by project basis as
needed.
B-1
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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....nsured 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, whichever 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 OWNER. Such certificates shall
contain a provision 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
C-1
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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 the
aggregate limit 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) The 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.
(7) CONSULTANT shall require each of its subconsultants to procure and
maintain, until the completion of the subconSlultant'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
C-2
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CONSULTANT under this Agreement or anyt other agreement between OWNER and
CONSULTANT. The OWNER shall be under no obligation to purchase such insurance,
nor shall it be responsible for the coverages purchased or the insurance company or
companies used. The decision of the OWNER to purchase such insurance coverages
shall in no way be construed to be a waiver of any of its rights under the Agreement.
(9) If the initial, or any s,ubsequently issued Certificate of Insurance expires
prior to the completion of the Services required hereunder or termination of the
Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, in
triplicate, renewal or replacement Certificate(s} of Insurance not later than three (3)
business days after the renewal of the policy(ies}. Failure of the Contractor 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
Work Order for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes
(1) Workers' Compensation and Employers' Liability Insurance shall be
maintained by the CONSULTANT during the term of this Agreement for all employees
engaged in the work under this Agreement in accordance with the laws of the State of
Florida. The amounts of such insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
x
--
$500,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
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t
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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? _x_ Yes
(1) Commercial General Liability Insurance, written on an ~occurrence" 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 OWNER 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
_X_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
policy shall be endorsed using the following endorsement 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 that 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 than the Commercial General Liability limit
C-5
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shown in subparagraph (1) above if applicable 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 wording to the effect that, in the event of the
exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will
"drop downll 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 arising out of the performance of professional
services under this Agreement. CONSULTANT waives its right of recover against
OWNER as to any claims under this insurance. Such insurance shall have limits of not
less than:
$ '500,000 each claim and in the aggregate
_X_ $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
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, cancellation, 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 work 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 current 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
16E 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 of
OWNER for the provision ofproject-specifio 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. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if
the policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm wtll complete a timely project errors and
omissions application.
(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-9
16 E 1
SCHEDl,fLE 0
TRUTH IN NEGOTIA T'ON 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 ConsuUing Services for Solid Waste" are
accurate, complete and current as of the time of contracting.
R.W. Beck, Inc.
BY:
<3!"uI~
81"~"/6
TITLE:
DATE:
D-1
16E 1
AmRb. CERTIFICATE OF LIABILITY INSURANCE DATE IMMJDDIYYYY}
C/ 08106/2010
PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION
Marsh Risk & Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CA License #0437153 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
777 South Figueroa Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Los Angeles, CA 90017
075988-RW-Cas-10-11 R.W.S INSURERS AFFORDING COVERAGE NAlC#
INSUREO INSURER A: National Union Fire Ins Co Pittsburgh PA 19445
R. W. Beck, Inc.,
a wholly owned subsidiary of SAIC INSURERB: New Hampshire Insurance Company 23841
1001 Fourth Avenue, Suite 2500 ,-
Seattle, WA 98154 INSURER c: Insurance Company Of The State Of PA 19429
INS\JRER D:
INSURER E:
,---
COVERAGES 6
THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO TliE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED.
NOlWlTHSTANDING At-N 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
CONDITIONS OF SUCH POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN Ra:;JUCED BY PAID CLAIMS.
HM ADO'!. TYPe OF INSURANCE POUCYNUMBER JIOUCY EFfECTIVE POUCY EXPlRA110N UMrrs
LTR INSR[ llll.TE~ DATE (IlIIIDllIYYYY)
GENERAL UABILITY GL 714-62-25 04/01/2010 04/01/2011 ~H ..x;1.;UKXt:NCE ~ of
A - =~~~~cel 1,000,000
X COMNERCIAL GENERAL LIABIUTY $
- =:J CLAIMS MADE ~ OCCUR MED EXP (AnI ono p....m) $ 5,000
-
- -, PERSONAL I N:>V INJURY $ 1,000,000
~ GENEAAL AGGREGATI: $ 2,000,000
GENERAl AGGREGATE LIMIT APPLlE3 PER PRODUCTS.COMP~!~ L__. .kQ.QQ,Q9.Q
xl POUCY ri r:& n LOC
A AUTOMOBIlE LIA8ILITY CA 972-70-03 (AOS) 04101/2010 04/0112011 ,COt.CBINED SINGLE LIMIT $
X N/Y AUTO 1,ooo,OUO
B CA 972-70-05 (MA) 04101/2010 0410112011 lEa 8CCIdent)
- ALL OWNED AUTOS CA 972-70-04 (VA) 04/01/201 0 04101(2011 BODILY INJURY $ --- -- .-.---.--
A f--
SCHEDULED AUTOS (per pe~)
X HIRED AUTOS BOOIl.. Y INJURY $
!--- (per Icclclent)
X NON-OWNEO AUTOS
- PROPERTY DAMAGE
(per occident) $
GARAGE LlABIUTY AUTO ONLY - EA ACCIDENT $
~ I'JolY AUTO OTHER THAN EA ACC ~---,
-,"-
AUTO ONLY: AGG $
EXCESS / UMBRELLA LIABIUTY 27471737 04101/2010 04/0112011 EACH OCCURRENCe $ 5,000,000
A ?D OCCUR o ClAIMS MADE $ 6,000,000
AGGREGATI:
$
=i DEDUCTIBLE r:-----,.., -.., ....---.
$
REreNTION $ It
8 WOIU<ERS COMPENSATION AND WC 020-34-2415 (AOS) 04/01/2010 04/01/2011 X WCSTATU- I IO,W-
EMPLOYERS' UAIlIUTY we 020-34-2416 (CA) 04/01/2010 04/01/2011 I~ 1,000,000
c l'Joly PROPRIETORlPARTI'IERlEXECUTlVE Y / H .L EACH ACCIDENT
OFFICER/t.1EMBER EXCLUDED? W WC 020-34-2420 (WI) 04/01/2010 04/01/2011 L DISEASE. EA Et.tPLOYEE $ 1,000,000
A WC 020-34-2417 (FL) 04/0112010 04/01/2011
S ~Man~l~ In NH~ 1f~8" dosallo undor .L. DISEASE - POUCY LIMIT $ 1,000,000
PEC AL ROVI 10 S bet"'"
OTHER
DESCRIPTION OF OPERATlONS/LOCAl1ONSJVeHICLESteXC\.USlONII ADOeD BY ENDORSEMENT/SPEC"'L PROVISIONS
RE: Contract #10-54851EnVrlneerlng, Technical sup~ and Financial Consultin~ Sel'llces for Solid Waste
Collier County is additional nsured as respects the L policy referenced above, ut Doly with respect to the services by named Insured under cDfllract to the
certificate holder.
A waiver of subrogation is provided In favor of the additional insured. Such insurance Is primary and non-conbibulory to any other insurance thai may be
available 10 the '
additional insured where required by contract. ,----._-.,
-----,_.---_._.~~----..- ~-
CERTIFICATE HOLDER
LOS-001027954-04
CANCELLATION
Collier County
Contract Administration, Building G
3301 Tamiaml Trail East
Naples. FL 34112
1____________
ACORD 25 (2009/01)
SHOII/~D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIIRATlON DATE THEREOF, THE ISSUING INSURER W1~L ENDI!AVOR TO MAIL
~ DAyS WRlTTEH HOlleE TO THE CERTIFICATE HO~DER NAMElHO THE LEFT.
BUT fAl~URE TO DO SO SHA~L IMPOSE NO OBLIGATION OR LIABILITY OF IoN'( KIND
upolt THE INSURER, ITS AGEIoITS DR REPRESENTATIVES.
AtmIO 0 Rl!PRl!SI!NTATT'o'l5
of M.rs Ri./I; & InluranCD SSMces .....---s~ _ _
Jamll9 L Vogel ~ _________
@1998-2009ACORD CORPORATION. All Rights Reserved
The ACORD name and rogo are registered marl<s 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 certificalB holder In lieu of such endorsement(s).
If SUBROGATION IS WAIVED, s'ubject 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
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, oor does it affinnatlvely or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
Acord 25 (2009/01)
16 E 1
ADDITIONAL INFORMATION
LOS-001027954-04
DAre (MMIDDIYY)
08106/2010
PRODUCER
Marsh Risk & Insurance Servlces
CA License #0437153
777 South Figueroa Street
Los Angeles, CA 90017
075988-RW-Cas-1D-11 R.W.S
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 H:
INSURER J:
TEXT
Workers' Compensation Coverage (continued)
Policy it. WC 020-34-2418 (OR)
Callier: New Hampshire Insurance Company
Effective Date: 04/01/2010
Expiration Date: 0410112011
Policy #: WC 020-34-2419 (TX)
Carr1er: New Hampshire Insurance Company
Effective Date: 04/0112010
Expiration Date: 0410112011
Policy #: WC 020-34-2421 (MA)
Callier: The Insurance Company of the State of PA.
Effective Date: 04/0112010
Expiration Date: 04101/2011
NOTe: Workers Compensation Insurance for work in the state afWashington is not provided under the above referenced 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 provfded under th e above referenced workers compensation policy.
CERTIFICATE HOLDER
Collier County
Contract Administration, Building G
3301 Tamiami Trail East
Naples, FL 34112
AtJ11l0ltZ.!D REPRESENTATM!
of M'/IIh Ri.k , In.uran.. Sorvlco.
JameS L Vogel
~
Page 3
16E 1
lEIS ENDORSEMENT CHANGES 'IHE POllCY. PLEASE READ IT CAREFULL Y.
ENDORSEMENT
Insurance PrImary as to Certain Additional Insureds
This endorsement, effective 12:01 AM 04/0112010 fonus apart of Pol icy No.
CA9727003 issued to SAle ,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 sentence:
The insurance afforded under this policy to an additional instred will apply as primary
insurance fa- such additional insured where so required under an agreement executed
priCT to the date of accident. We will not ask any insurer that has issued other insurance
to such additional insured to contribute to the sel1Jement of loss arising out. of such
accident
All other-terms and conditions remain unchanged
~~
AUTIIORIZED REPRESENTATIVE
74445 (10-99)
16 E 1
ENDORSEMENT
ThiS eroorsement, el'l'ective 12: 01 A.M.
0410'11201 0
forms a part ct
Policy No. GL 7145225
Issued to SAlC. INC.
by NATIONAl UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
AODITIONALINSURED PRIMARY INSURANCE
This endorsement modifies ilsurance provk:ted under the following:
COMMERCIAL LIABILITY COVERAGE FORM
Section IV. Commercial General UaIllllty CondltD'ls. paragraph 4. Other Insurance. SUbparagraph
a. Primary Insurance, Is amended by tre ackfltion of the follOWIng:
. .....
However, coverage under this polley al'forded to an additional ilsured will apply as primary
insurance wnere requred by cootract, and any other Insurance Issued to such addltlonallnsured
shall apply as excess am noncontrtbu1Dry nsurance.
~~
AuthorIZed Representative
74434 (10/99)
16E 1
.-,
ACORD'
~
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/VYVV)
0810912010
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 License #0437153
777 South Figueroa Street
Los Angeles, CA 90017
075988-RW-Prof-10
R.WB
INSURERS AFFORDING COVERAGE
INSU~R A: UnderwrIters at Lloyd's, London
INSURIfR B:
INSURER C:
NAIC#
INSURED
R. W. Beck, Inc.,
a wholly owned subsidiary of SAIC
1001 Fourth Avenue, Suite 2500
Seattle, WA 98154
INSURIfR 0:
INSURER E;
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 IMlICH 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 SHO'M>l MAY HAVE BEEN REOUCED BY PAID CLAIMS. -
NS~ ADD'L TYPE OF INSURANCE POLICY NUMBER PClUC:V a'FECTlVE POUCYelCPIIlA11ON UMlTS
LTR INSR[ DAtE IMM/DDI'/YYYI D"'l'E IMMlDDIYYYY)
GENERAL LIABiliTY EACH OCCURRENCE
- COMMERCIAL GENERAL LIABIUTY ~~1~H~~=~\ $
- ::::J CtAIMS MADE D OCCUR ""ED EXP (ArYf ens person) $
-
PERSONAL & ADV INJURY $
-, GENERAl AGGREGATE $
GENERAL AGGREGATE LIMIT APPliES PER PRODUCTS. COMPIOP AG~ S
I POUCY n ~& n LOC
AUTOMOBILE UABIUTY COMBINED SINGLE UMIT $
- IWY AlJTO lEa acddent)
- AlL OWNED AUTOS BODILY INJURY $
- (Per person)
SCHEDULEO AUTOS
- HIRED AUTOS
80DlL Y INJURY $
- (Per eccldent)
NO N-O\MII ED AUTOS
- PROPERTY DAMAGE
- (Per eccldent) $
GARAGE liABILITY AlJTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
EXCESS I UMBRELLA UABILlTY EACH OCCURRENCE $
o OCCUR 0 ClAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ I~
WORKERS COMPENSATION AND 1,.~~tJ#;,1 IO~-
EMPLOYERS' UABlUTY E,L EACH ACCIDENT I~
ANY PROPRIETORIPARTNERlEXECUTIVE Y I N
OFFICER/MEMBER EXCLUDED? D I=.L. DISEASE. EA EMPLOYEe $
!randal~ in NH~ If YllS, dascribe under ~.L, DISEASE - POUCY LIMIT $
PECIAL ROVl IONS belDW
A OTHER Professional Liability QF026610 0613012010 06/30/2011 Each Claim $1,000.000
Including Contractor's Lloyd's of London Synd icates Aggregate $2,000,000
Pollution Legal Liability A F Beazley #623 & 2623 'Claims Made'
DESCRIPTION OF OPERATIONSILOCATIONSlVEHICLESlEXCLUSIONS ADDED 8Y ENOORSEMENTISPEClAL PROVISIONS
RE: Contract #10-5485/En~ineering, Technical Support and Financial Consulting Services for Solid Waste
Waiver of Subrogation app les In favor of the certificate holder as respects claims arising from professional services provided under a contract, but only if, and
1'0 tho "~"', "q""" "doc """"" ","''''''.''
CERTIFICATE HOLDER
LOS-001027955-06
CANCELLATION
Collier County
Contract Administration, Building G
3301 Tamiaml Trail East
Naples. FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE
EXPIMTlON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DA YS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT fAilURE TO DO SO SHALL IMPOSE NO OBl.IGA TION OR LIABIUTY OF ANY KIND
UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AcW~~ ~r:'~~~~~selVkes
Jame$ L Vogel ~ _
@ 1998-2009 ACORD CORPORATION. All Rights Reserved
The ACORD name and logo are registered marks of ACORD
ACORD 25 (2009/01)
16 E 1
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not ronfer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION 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 (2009J01)
16 E 1
ADDITIONAL INFORMATION
LOS-001027955-06
DATE IMMlDDIYY)
081091201 0
PRODUCER
Marsh Risk & Insurance Services
CA Ucense #0437153
777 South Figueroa Street
Los Angeles, CA 90017
075988-RW-Prof-10
R.W.8
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
R. W. Beck, Inc.,
a wholly owned subsidiary of SAIC
1001 Fourth Avenue, Suite 2500
Seattle, WA 96154
INSURER F:
INSURER G:
INSURER H:
INSURER I:
TEXT
CERTIFICATE HOLDER
Collier County
Contract Administration, Building G
3301 Tamiami Trail East
Naples, FL 34112
AUTHO ED REPRES5NTATIVE
of Ma~ RIsk & Insurance Servlc..
James> L. Vogel
Page 3 ' .,
16 E 1
\
MARSH L TO
PAGE 11 OF 57
CONTRACT NO.
QF026610 (1)
~f~..:~~i~i:1~i?'~'
XIV. SUBROGATION
In the aventof anv payment under this Policy. the Underwriters shall be subrogated to aU the
INSUREO'S rights CIf recovery therefore against any person or organi.lation and the INSURED
shaU execute and denver instruments Bnd papers and do whatever else is necessary to
secure such rights. The INSURED shaft do nothing after a CLAIM to prejudice such rights.
However, it is agreed that the Underwriters waives its rights of subrogation under this policy
against any person OfQfgsnization as respects CLAIMS arising from PROFESSIONAL
SERVICES or CONTRACTING SERVICES pro'lided under a contract to perform such
Professional Services or Contracting S~rvices whi-ch requires a waiver of subrogation. but onty
to the extent required by written contract.
.16 E 1
MEMORANDUM
Date:
May 26, 2011
To:
Diana De Leon, Contract Technician
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #10-54 85: Assumption Agreement of RW Beck
Contractor: SAIC 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