Agenda 05/10/2011 Item #16E1
5/10/2011/tem 16.E.1.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign the Assumption
Agreement from R.W. Beck, Inc. to SAIC Energy, Environment & Infrastructure,
LLC for Engineering Technical Support and Financial Consulting Services for
Solid Waste.
OBJECTIVE: To assign the agreements from the original parties R.W. Beck, Inc. ("RW Beck")
to SAIC Energy, Environment & Infrastructure, LLC ("SAIC").
CONSIDERATIONS: The contract involved in the assignment is contract #10-5485
"Engineering, Technical Support and Financial Consulting Services for Solid Waste" dated Juiy
27, 2010, Agenda Item 16C2, between Collier County and RW Beck. The Solid Waste
Department utilizes the services provided under these contracts.
SAIC purchased the assets and RW Beck on August 1, 2009. County staff was notified on
February 25, 2011 of the asset purchase. Following the Procurement Administration
Procedures, staff has acquired the necessary documents from SAIC which have been reviewed
and approved by the County Attorney's staff. The Purchasing Department is recommending
approval of the assumption of these contracts by the new firm SAIC.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney and is
legally sufficient for Board action. A majority vote is required. - JAK
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign the Assumption Agreement from RW Beck to SAIC. for Engineering, Technical
Support and Financial Consulting Services for Solid Waste.
PREPARED BY: Diana De Leon, Contracts Technician, Purchasing Department
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5/10/2011 Item 16.E.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1.
Item Summary: Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from R.W. Beck, Inc. to SAIC Energy, Environment & Infrastructure, LLC
for Engineering Technical Support and Financial Consulting Services for Solid Waste.
Meeting Date: 5/10/2011
Prepared By
Name: DeLeonDiana
Title: VALUE MISSING
4114/2011 9:07:09 AM
Submitted by
Title: VALUE MISSING
Name: DeLeonDiana
4/14/2011 9:07:10 AM
Approved By
Name: WardKelsey
Titie: Manager - Contracts Administration.Purchasing & Ge
Date: 4/14/20113:33:05 PM
Name: Smith Kristen
Title: Administrative Secretary,Risk Management
Date: 4/19/201] 8:40:39 AM
Name: CarneiiSteve
Title: Director - Purchasing/Generai Services. Purchasing
Date: 411 912011 8:48:34 PM
Name: DeLeonDiana
Date: 41281201] 9:00:09 AM
Name: KiatzkowJeff
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Title: County Attorney,
Date: 4/28/20] 1 ]: 19:40 PM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 4/28/2011 1 :51 :05 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/29/2011 9:39:07 AM
Name: StanleyTherese
Title: ManagementlBudget Analyst, Senior,Office of Management & Budget
Date: 4/30/2011 11 :20:34 AM
Name: OchsLeo
Title: County Manager
Date: 5/112011 II :2] :51 AM
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5/10/2011 Item 16.E.1.
5/10/2011 Item 16.E.1.
ASSl7MPTION AGREEMENT
This Assumption Agreement is made and entered into as of ,2011 by
and between SAIC Energy, Envirorunent & 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 assct purchasc
agreement, SAIC is the successot in interest to R W 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 wrinen.
NOW THEREFORE, IK CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by :.1:1e parties, it is agreed as follows:
, SAIC accepts and assumes all rights, duties, benefits, and obligations of the
Consultant under the Agreement, inc1udL'lg all existing and future obligations to pay and perfOlID
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 ~'1e Agreement to be sent to Consult3Ilt shall be directed to:
CONSULT.~l'\T:
SAIC Energy, Environment & Infrastructure, L1.C
1000 Legion Place, Suite 1100
Orlando.I-'L 32801
Attention: Robert Craggs
, The COUI1ty hereby consents to S/\.IC assumption of the Agreements. No waivers
ofperfonnance or e)".'tensions of tune to perfOlJ:1 are granted or authorized. The COllii!}' ~yill treat
SATe as t.~e Cousultant :f'c.lr 211 Pllilx1sCS 'c.ndcr the Agreer:le1Jt.
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5/10/2011 Item 16.E.1.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
FOR COLLIER COVNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
By:
FOR SAIC Energy, Environment & Infrastructure, LLC
By:
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David Gregory, Local Practice Leader
Attest:
Corporate Secretary
Date:
Date:
Apprqved at to form
and I;al.,u l~ficncy:
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Jeffrev A. ;lat~w
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5/10/2011 Item 16.E.1.
IN WIThESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
FOR COLLIER COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
Fred W. Coyle, Chairman
'--1
frank R. Codispoti
c'-i 11312011
menttrrastructure, LLC "..;::1 _ .~. ("c." I _ _ !
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,; Anest-' ~ {'t~[ 1\ _ :JaL~'
/!-S'~--\ ,Corporate SeCretarv
Date: C'-t I i:S / 2_0 Ii
Date:
Approved as to form and legal sufficiency:
By:
JeffKlatzkow, County Anorney
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5/10/2011 Item 16.E.1.
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 Support 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:
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5/10/2011 Item 16.E.1.
ARTICLE 1
CONSULTANT'S RESPONSIBILITY
1.1 From time to time upon the written request Of direction of OWNER as hereinafter provided,
CONSULTANT shall provide to OWNER professional Engineering, Technical Support and
Financial Consulting Services (hereinafter the "SeIVices") as herein set forth. The term "SeIVices"
includes all Additional SeIVices authorized by written Amendment or Change Order as hereafter
provided.
1.2 All SeIVices to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of seIVices, 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 SeIVices, 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 iIi accordance with the OWNER'S current administrative procedures or
as amended by OWNER.
1.2.1 All SeIVices. must be authorized in writing by OWNER in the form of a Work Order.
CONSULTANT shall not provide any SeIVices to OWNER unless and to the extent they are required in
a written Work Order. Any SeIVices provided by CONSULTANT without a written Work Order shall be
,2t CONSULTANT'S own risk and OWNER shall have no liability for such SeIVices.
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1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to
the terms of this Agreement, OWNER 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 Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.3 The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all
such licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, but not limited to, all licenses required by the respective state boards and other
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governmental agencies responsible for regulating and licensing the professional Services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.4 The CONSULTANT agrees that, when the Services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization or
other form of legal entitlement to practice such Services, 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 the services 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 Principat in Charge or any Project Coordinator, or any
other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
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or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform any of the Services pursuant to the requirements of this Agreement or any
applicable Work Order, said request may be made wi1f1 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 governmental agencies, including the Florida Building Code
where applicable, which regulate or have jurisdiction over the Services to be provided and performed
by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT
shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER
regarding resolution of each such conflict. OWNER'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 ail-inclusive, and the OWNER reserves the right to make
sole determination regarding deductions. After notification of deficiency, if the CONSULTANT fails to
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correct the deficiency within the specified timeframe, these funds would be forfeited by the
CONSULTANT. The OWNER may also deduct or charge the CONSULTANT for services and/or
items necessary to correct the deficiencies directly related to the CONSULTANT'S non-perfonnance
whether or not the OWNER obtained substitute performance.
1.8 CONSULTANT agrees not to divulge, fumish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper perfonnance 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 (DXF) 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 (Half 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-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc) , and adhere to industry
standard CAD specifications.
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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 fumish or obtain from others Additional Services beyond those Services
originally authorized in the Work Order. The agreed upon scope, compensation and schedule for
Additional Services shall be set forth in the Amendment or Change Order authorizing those Additional
Services. With respect to the individuals with authority to authorize Additional Services under this
Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative
Procedures in effect at the time such services are authorized. Except in an emergency endangering
life or property, any Additional Services must be approved in writing via an Amendment or Change
Order to the subject Work Order prior to starting such services. OWNER will not be 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 subject Work Order.
(
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ARTICLE 3
OWNER'S RESPONSIBILITIES
3.1 For each Work Order, OWNER shall designate in writing a project manager to act as
OWNER'S representative with respect to the Services to be rendered under the Work Order
(hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to
transmit instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S Services under the Worl< 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 provided and performed 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 expand ability, and any budgetary limitations;
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(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S possession
pertinent to the Services specified in the Work Order, including existing drawings,
specifications, shop drawings, 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 TANT of 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 Schedule shall be in a form and content satisfactory to
OWNER. Services to be rendered by CONSULTANT shall 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, quaranline regulations, strikes or lock-outs,
then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement
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of such delay, stating the specific cause or causes 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 perfonn 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, perfonn 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 perfonning
Work under any particular Work Order or any paYrJ;Ient 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 fonn 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
wilh 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 SchecJldle 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 annual renewal of
this Agreement provided for in paragraph 4.6 above, as 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
perfonnance of the SeNices, at its direct cost with no markup, to the extent such reimbursement is
permitied 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.
52.2.6
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
..-the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
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5.3 CONSU L T ANT shall bear and pay all overhead 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 ar 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 af invoices under this agreement.
5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis.
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ARTICLE 6
OWNERSHIP OF iDOCUMENTS
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, specificatiol'lS, maps, evaluations, reports and other technical
data, other than working papers, prepared or developed by or for CONSULTANT under the applicable
Work Order ("Project Documents"). OWNER shallispecify whether the originals or copies of such
!
,
Project Documents are to be delivered by CONSUL TANT. 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 CONSULTANTS 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.
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ARTICL.;E 7
MAINTENANCE OF RECORDS
7.1 CONSUL TANT will keep adequate records and supporting documentation which concem 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 tater 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 parag raph 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 Services and therein specifying the
services performed by each, with all such time records to be kept within one-half of 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
INOEMNIFICA nON
8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless
OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including,
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5/10/2011 Item 16.E.1.
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
=WNER for payment of premiums or assessments ibr any deduclibles which all are at the sole
responsibility and risk of CONSULTANT.
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5/10/2011 Item 16.E.1.
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 perf~rmable 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 SeIVices to be performed hereunder shall be performed by CONSULTANTS own staff,
unless otherwise authorized in writing by the OWNER. I'he 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 identified in the Schedule shall not be removed or
replaced without OWNER'S prior written consent.
10.3 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
subcontraclor, 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 subsequently issued Work Order, with respect to the
Services to be performed by the subconsultant or subcontractor so that the subconsulting or
'ubcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall
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5/10/2011 Item 16.E.1.
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 CONSU L T ANT'S acceptance 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
CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of any of
OWNER'S rights against CONSULTANT.
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 oplion to terminate this
Agreement by giving to the other party not less than thirty (30) days prior writlen notice of such
termination. Upon this Agreement being so terminated by either party hereto, neither party hereto
shall have any further rights or obligations under this Agreement subsequent to the date of
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5/10/2011 Item 16.E.1.
termination, except that Services specified to be performed under a previously issued Wor\< 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 ) CONSULTANT'S failure 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
CONSULTANT 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 contrarl (including the provisions of paragraph 12.1
above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in
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5/10/2011 Item 16.E.1.
whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the
event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be
limited to that portion of the fee earned through the date of termination, for any Work Orders so
cancelled, together with any retainage withheld and 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
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 the Services to be rendered hereunder are so
suspended, the CONSULTANT'S sole and exclusive remedy 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 undisputed 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 otherwise 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 CONSULTANT may stop its performance under the subject
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5/10/2011 Item 16.E.1.
Work Order until such default is cured, after giving OWNER a second fourteen (14) days written
,
notice of CONSULTANT'S intention to stop performance 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 NEGOTIATION REPRESENTATIONS
13.1 CONSULTANT 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 or any subsequent Work Order.
13.2 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT
agrees to execute the required Truth,In-Negotiation Certificate, attached hereto and incorporated
herein as Schedule D, certifying that wage rates and other factual unit costs supporting the
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5/10/2011 Item 16.E.1.
compensation for CONSULTANT'S services to be provided under this Agreement and each
subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the
Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set
forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to
exclude any significant sums by which the OWNER determines the price as set forth in the Work
Order was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within 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 further represents that no persons having any such interest shall be
employed to perfonn those Services.
ARTICLE 15
MODIFICATION
15.1 No modification or change in this Agreement shall be valid or binding upon either party unless
in writing and executed by the party or parties intended to be bound by it.
ARTICLE 16
NOTICES AND ADDRESS OF RECORD
16.1 All notices required or made pursuant to this Agreement to be given by the CONSULTANT to
the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal
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5/10/2011 Item 16.E.1.
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, II
16.3 Either party may change its address of record 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
,hall impair the rights or liabilities of either party.
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5/10/2011 Item 16.E.1.
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 tenns 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 execu1ed 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 FOI-<.M
Schedule B RATE SCHEDULE
Schedule C INSURANCE COVERAGE
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5/10/2011 Item 16. E.1.
Schedule 0 TRUTH IN NEGOTIATION CERTIFICATE
ARTICLE 18
APPLICABLE LAW
18.1 This Agreement shall be govemed 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 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 19
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working 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
,ld other factual unit costs.
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5/10/2011 Item 16.E.1.
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 seIVices to a
public entity; may not submit a bid, prol!Josal, 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 and by OWNER'S staff person who would make
the presentation of any settlement reached at mediation to OWNER'S board for approval. Should
either party fail to submit to mediation as required hereunder, the other party may obtain a court order
requiring mediation under section 44.102, Fla. Stat.
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20.2 Any suit or action brought by either party to this Agreement against the other party relating to
or 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 seQ. 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~~:\~
By:
. f II.
~!ou.~ 'L~<~
Typed Name and Title
;z~ IJq v J IJ-ti <'
Typed Name and Title I
10.(.1) i) HI i0 .
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5/10/2011 Item 16.E.1.
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 , 2010 which is attached hereto and made a part of this Work Order. In
accordance with Terms and Conditions of the Agreement referenced above, Work Order# is assigned to:
Scope pf Work: As detailed in the attached proposal and the following:
* Task I
* Task II
. Task III
Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this
Work Order.
Compensation: In accordance with Article Five of the Agreement, the Owner will compensate the Firm in accordance with
the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material
(established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which
method will be used for which tasks)
Task I
Task II
Task III
$
$
$
TOTAL FEE
$
Any change made subsequent to final department approval will be considered an additional service and charged
according to Schedule "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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5/10/2011 Item 16.E.1.
SCHEDUl;.E B
Contract 10-5485
"Engineering, Technical Support and Financial Consulting Services for Solid Waste"
Standard Hourly Rate Schedule
Personnel CateQorv
Standard hourly 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
SUlveyor and Mapper $130
CADD Technician $85
Survey Crew - 2 man $130
Survey Crew - 3 man $160
Survey Crew - 4 man $180
This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support
and other services shall be mutually negotiated by the Cownty and firm on a project by project basis as
needed.
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SCHEDULE C
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the
following minimum requirements with the use of Insurance Services Office (ISO) fOm1s
and endorsements or their equivalents. If CONSULTANT has any self-insured
retentions or deductibles under any of the below listed minimum required coverages,
CONSULTANT must identify on the Certificate of Insurance the nature and amount of
such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be
CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than
the limits specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of
commencement of the Services until the date of completion of all Services required
hereunder or as specified in this Agreement, 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
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5/10/2011 Item 16.E.1.
OWNER. CONSULTANT shall also notify OINNER, 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 subconsultant's services, insurance of the types
and to the limits specified in this Section except to the extent such insurance
requirements for the subconsultant are expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance
coverages required herein, the OWNER may terminate the Agreement and any Work
Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages
purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30)
days after demand, OWNER has the right to offset these costs from any amount due
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5/10/2011 Item 16.E.1.
CONSULTANT under this Agreement or any' 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)
J_
$500,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
Packet Page -801-
5/10/2011 Item 16.E.1.
$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 HarbolWorker'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
Packet Page -802-
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
5/10/2011 Item 16.E.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
Packet Page -803-
5/10/2011 Item 16.E.1.
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) Automobile 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.
Packet Page -804-
5/10/2011 Item 16.E.1.
(2) The policy shall contain wordihg 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 down" to apply as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X_ Yes
(1) Professional Liability Insurance shall be maintained by the CONSULTANT
to insure its legal liability for claims 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
Packet Page -805-
5/10/2011 Item 16.E.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 10 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 CONSULTANTS professional liability policy. If no credit is available from
CONSULTANTS 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
Packet Page -806-
5/10/2011 Item 16.E.1.
policies that renew during the term of the project policy). CONSULTANT agrees that
any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of
OWNER for the provision of project-specific professional liability insurance policy in
consideration for a reduction in CONSULTANT'S self-insured retention and the risk of
uninsured or underinsured consultants.
(2) CONSULTANT agrees to provide the following information when
requested by OWNER or OWNER'S Project Manager:
a. 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 will 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.
Packet Page -807-
5/10/2011 Item 16.E.1.
SCHEDULE D
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, conceming Engineering
Technical Support and Financial Consutting Services for Solid Waste" are
accurate, complete and current as of the time of contracting.
R.W. Beck, Inc.
BY:
Se",,~
8 //(,,~e/6
TITLE:
DATE:
Packet Page -808-
5/10/2011 Item 16.E.1.
AcOR1' CERTIFICATE OF LIABILITY INSURANCE DATE fUMlDDfV'YYY)
L..--' 08106/2010
I PRODUCER THIS CERTlFICATION IS ISSUED AS A MATTER OF INFORMATlON
Marsh Risk & Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICATE
CA License #0437153 HOLDER. THIS CERTlFICA TE DOES NOT AMEND, EXTEND OR
777 South Figueroa Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Los Angeles, CA 90017
07596B-RW-Cas-10-11 R.W.B INSURERS AFFORDING COVERAG E NAIC#
INSURED INSUREFlA: National Union Fire Ins Co Pittsburgh PA 19445
R. W. Beck, Inc.,
a wholly owned subsIdiary of SAle INSURER B; New Hampshire Insurance Company 23841
1001 Fourth Avenue, Suite 2500 -
Seattle, WA 98154 INSURER c: Insurance Company Of The state Of PA 19429
INSUIltERO:
INSU!\ER E: I
---
COVERAGES
6
.--- I
THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED.
NOTWITHSTANDING At'N REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OlliER DOCUMENT wrTH RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR MAY F'ERTAIN. THE INSURANCE AFFORDED BY 1l-iE POUC1ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDmONS OF SUCH POUCIES. AGGREGATE UM1TS SHO'NN MAY HAVE BEEN RSJuceD BY PAID CLAIMS.
NS = TYPE OF INSURANCE POUeY NUMBER "UCY """""" POlJC't'EXPIAATlON UMlTS
LTR IMlEl~ Do\TEjMMlDDo"P'YYY)
~NERAL UABIUTY GL 714-62-25 04101/2010 04/0112011 ECURRENCE
A ~ Ct:lMNERCIAJ.. CENERAL LlABIlJTY P IS~~~~\ $ 1,000,000
- b a...AIMS MADe [KJ OCCUR MED EXP (Any 0011 plInIlJn) $ 5,000
- -- PERSONAl.... N:)'I/ INJURY $ 1.000.000,
- GENERAL AGGREBATE $ 2.000.000
i G.:~ERAL AGGREGATE LIMIT ^;;IES PER PRODUCTS"COMP~~ ~- . 2 DOQ.ODO
X PoueY~' i j:g: l.OC
A AUTOMOBLE UA81UTY CA 972-70-03 (ADS) 0410112010 I 04/0112011 COMBINED SINGLE LIMIT
X ANY AlJTO $ 1,000,000
I~ CA 972-70-05 (MA) 0410112010 0410112011 (EalKX:tdltnt)
::.' --~._.._-----
_ ALL OWNED AUTOS CA 972-70-04 (VA) 04101/2010 0410112ll11 BOOIL. Y INJUR.Y $
SCHEDULED AlfTOS (Perptll'1lon)
-
~ HIREO AUTOS , $
SODa.. Y INJURY
~ NON.QWNED AUTOS {PerBcddDnt}
I PROPERTY DAMAGE
f-- ---- (Porooadont) $
, GARAGE 1I1\BIUTY --,- , AUTO ONl..Y" EA ACCIDENT $ !
R ANY AUTO I
OTHER THAN EA Ace .$ - --
AUTO ONl.. Y: i$ -,
AGG
~ESS I UMBRELLA. LIABIUTY 27471737 04101/2010 04/0112011 EACH OCCURRENCE $ 5,000,000
A ~ OCCUR 0 CLAIMS MADE $ 5.000,000
AGGREGATE
~ $
OEDUCTlBLE --------...-... ~._...._-- ...-.-
$
RETENTlON $
B WORKERS COMPENSA.TION AND IWC 020-34-2415 (ADS) 04/01/2010 0410112011 X j..-WC STA!.~" 1 IO~
EMPL.OYERS' UABIUTY WC 020-34-2416 (CA) 04101/2010 04101/2011 1,000,000
.L EACH ACClDSNT
C ANY PROPRIETORJPARTNER/EXECUTlVE Y IN, we 020-34-2420 ( WI) 04/01/2010 04/01/2011
A OFFICE~EMBEREXCLUDED? o WC 020-34-2417 (FL) 04/01/2010 04/01/2011 .L DISEAse. EA EMPLOYE $ 1,000,000
B ~Manclal~ln NH~ IllJll, dssertbe lMWsr .L. DISEASE. POLICY LIMIT $ 1,000,000
PECIAI.. ROV! 10 5 below
OTHER
i
!
, i
I I
OESCRlPTION OF OPERATIONS/LOCATlONSNEHICLESTEXCLUSlDNS ADDEO BY ENCDRSEMENT/SPECll6J., PROVISIONS
RE: Contract #10~54a5lEn~ineertng, Technical Support and Financial Consultln~ Services for Solid Waste
Collier County is additional nsured as respects the Gl policy referenced above, wt only with respect to the services by named insured under contract to the
certificate holder.
I A waiver of subrogation Is provided in favor of the additional insured. Such insurance Is primary il.'ld non-contributory to any other insurance that may be
i available to the
~drtional insured where required by contract -----------.~._~ --.---.-.------- ----
CERTIFICATE HOLDER LOS-OO 1 027954-04
r---------~--- ------ -~- ..--------
Cather County
Contract Administration, Building G
3301 Tamiami Trail East
Naples, FL 34112
._.c:AKCEL~TION_____._________. __
1______----
ACORD 25 (2009101)
SHOIllLD ANY OF THE ABOVE DESCRIBED POLICIES BE C.A.NCELLED BEFORE THE
EXPlf\AnON DA.TE Tt-lEREOF, n-1E ISSUING INSURER Will ENDEAVOR TO MAlL
~ DAYSWRlTTEH NOl1CE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT t"AllUKE TO DO so SHALL IMPOSE NO OBl.IGATION OR LIABILITY OF ANY KIND
UPO" THE INSURER. ITS AGENTS OR. REPRESENTATIVES.
AtrrrlO 0 REPRI!SI9lTATTVE .
or Ma,ra Ril" &.lnI'4n.nl::lI SlIlYIClll
James l. Vogel
~
@ 199B~2009 ACORD CORPORATION. All Rights Reserved
The ACe Packet Page -809- J'stc,od "a'" of ACORD
5/10/2011 Item 16.E.1.
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, tI1e policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificalll holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poiicles 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, oor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
Acord 25 (2009101)
Packet Page -810-
5/10/2011 Item 16.E.1.
ADDITIONAL INFORMATION
LOS-001027954-04
DA T'I: (MMIDDlVY)
0810612010
PRODUCER
Marsh Risk & Insurance Services
CA License #0437153
777 South Figueroa Street
Los Angeles, CA 90017
075988-RW-Cas-10-11 R.W.S
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
R. W. Beck, Inc.,
a whOlly owned subsidiary of sAle
1001 Fourth Avenue, Suite 2500
Seattle. WA 98154
INSW:RER F:
INSURER Q:
INSIJRfRH:
INSURER 1:
TEXT
Workers' Compensation Covorage (continued)
Policy #: WC 020-34-2418 (OR)
Camer. New Hampshire Insurance Company
Effective Date: 0410112010
Expiration Date: 04/0112011
Policy #: WC 020-34-2419 (lX)
Carrier: New Hampshire Insurance Company
Effective Date: 04/01(2010
Expiration Date: 04/0112011
Policy II: WC 020-34-2421 (MA)
Carrier: The Insurance Company of the State of PA.
Effective Dale: 04101/2010
Expiration Date: 04101/2011
NOTE: Workers Compensation Insurance for work in the state of Washington is not provided under the above referenced workel"$ compensation policy.
Coverage is provided by the Washington State Department of labor & Industries program. Stop Gap Employers LiabUity Insurance for the state of
Washington is provided under the above referenced workers compensation policy.
I
L_~.__
CERTIFICATE HOLDER
j
Collier CDunty
Contract Admin:stration, Building G
3301 Tamiami Trail East
Naples, FL 34112
....umOl'tZED REF'FlE5e~""nve
afMilra.h Rilk & lnlUrf.nell Sllrvice.
James L Vogel
~
Packet Page -811-
5/10/2011 Item 16.E.1.
TIllS ENDORSEMENT CHANGES IRE POLICY. PLEASE READ IT CAREFULL Y_
ENDORSEMENT
Insurance Primary as to Certain Additional Insureds
This endorsement, effective 1201 AM. 04/01/2010 forms a part of Policy 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 N -Business Auto Conditions, B., General Conditions,S., Other Insurance,
c., is amended by the addltion of the foll owing sentence:
The insurance afforded under this policy to an additional iI1.S1..red will apply as primary
inS1J/'311ce fq- such additional ll1sured where so required under an agreement eJl:ecul.ed
prioc to the date of accident. We will not ask any insurer that has issued other insurance
to such additional insured to contribute to the settlement of loss arising out of such
accident
All other terms and conditions remain unchanged.
~~
AUTIIORIZED REPRESENTATIVE
744~5 (10-99)
Packet Page -812-
5/10/2011 Item 16.E.1.
ENDORSEMENT
This erdorsement, el'1'ective 12:01 A.M.
041O'l1201 0
forms a part rt
POlicy No. GL 7146225
issued lD SAlC, INC.
by NATIONAl UNION FIRE INSURANCE COMPANY OF PITTSBURGH. PA
ADDITIONAl INSURED PRiMARY INSURANCE
This erdorsement modifies i1surance provl:1ed under Ire fallowing:
COMMERCIAl lIABILITY COVERAGE FORM
Section IV, Commercial General Uaolllty Condltms, paragraph 4, other Insurance, sutlparagrapn
a. Primary Insurance, Is amended by tre acklltion of tre fallOWIng:
However, coverage un~r this policy affa'ded to an additional ilsureCl will apply as primary
insurar-ce WI1ere required by coolraC!. and any other Insurar-ce Issued to such adClltlooallnsured
shall apply as excess ard noncontrtbutory hsurance.
~fl4
Authomed Representative
744}4 (I 0199)
Packet Page -813-
5/10/2011 Item 16.E.1.
/""'\
ACORD'
.........
CERTIFICATE OF LIABILITY INSURANCE
DATE fMMIDDiYYYY)
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 AFFDRDED BY THE POLICIES BELOW.
PRODUCER
Marst1 Risk & Insurance Services
CA License #0437153
777 South Figueroa Street
Los Angeles, CA 90017
0759BB-RW-Prof-10
RWS
INSURERS AFFORDING COVERAGE
INSJRfR A: Underwriters at Lloyd's, London
'NSURIER B-
NAIC#
i INSURED
I
I
I
COVERAGES
R. W. Beck. Inc.,
a wholly owned subsidiary of SAle
1001 Fourth Avenue, Suite 2500
Seattle, WA 98154
NSUR!R C
INSUReR 0
INSUReR E:
~-~..~ ~----'---
THE POLICIES OF INSt,; RANCE LISTED BELOW HAVE BEEN ISSUtO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTVV1THSTANDING ANY R~QUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 1MiICH THIS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT:O ALL THE TERMS, EXCLUSIONS AND
CONDITIONS OF SUCH POliCIES. AGGREGATE LIMITS SHO'Ml MAY HAVE BEEN REDUCED BY PAID CLAIMS.
N5 'DIJ'~ T"t'PE OF INSURANCE POlICY NUMBER P'(LlCrEFFECTlVE POLlCY!XPIRATION UMITS
'TR INSR OAtE(MM/DDIVYVY) DATEIMllIIDOtYVVYJ
R-ERAL W,BIWTY rl CURREN
; C~MERCIAL GENERAL L1....BIlITY : ~~ISES EI 0CCl.JlTenC8\ $
2 CLAIMS MADE 0 OCCUR MED EXP (Ar'I)' OOl!II*IOO) $
! PERSONAL & ADV INJURY $
L-------- GENERAL AGGREGATE $
I
GEN~RAL AGQRECATE l!MIT APPLES PERI I PRODUCTS _ COMP/Of> AG --.-.-
- POUCY n ~g: n LOC
I i AUTOMOBILE UABIUTY I 80MBINED SINGLE LIMIT
, - $
ANY AlITa [Eaacelcllflt)
- ALL OWNED AlJT:JS i B:JDIS INJURY -~$
- i:Perpersoo)
SCHEDULW AUTOS
- HI"<EOAUTOS
' 800ll Y 'NJURY $
- NCN-Ovo.t-J:::D AUTOS (PerllCdtlenl)
- ;:>ROPER~Y DAMAGE
, (peracddenl) $ I
I
GA.RAGE LIABILlT"t' AUTO ONLY - ~A ACCIDENT $ I
q "IV AUTO OTHE~ THAN .~~$
AUTO ONLY: $
AGG
EXCESS I UUBRELLA LIABILITY I EACH C:CCURR:;:r-ICE $
0 D I
OCCUR C:lAl\4SMADE I AGGREGATE S
i s
~ D;:OUCTIBLE r $
R:TEHTION , I , -~;:
: WORKERS COMPENSATION AND , i ~~~7 fJ#~ I IOl~-
EMPLOYERS' UABlUTY $
ANv PR:oPRIETOR/PAR';NER/EXe::LTIVE '( IN E LEACH ACeIDEI\:""
OFFICER/MEMBER 8I.CLU;)ED? 0 ~~. DISEASE - EA EM::>LOYEE $ -~---
i ~\anC31otyir'lI\H~lfya5daRcribaIXlOElr ~, DISEASE. POUCY UMIT . $
PECIAL P~OVi IC"lS below
A OTHER Professional Liability 'QF02661O 0613012010 06/30/2011 ! Each Claim $1.000.000
Including Contractor's Uoyd's of London Syndicates I Aggregate $2,000,000
Polluiion Legal L:ability A F Beazley #623 & 2C23 I ~Claims Marje
,
,
i DESCRIPTION OF OPERATIONSlLOCATIDNSlVEHICLESJEXCLUSIONS ADDED BY ENOORSEMENTfSPECIAL PROVISIONS
iRE: Contract #10-5485/EnQineering, Technical Support and Financial Consulting Services for Solid Waste
I Waiver of SubrogatIOn applies in favor of the certificate holder as respects claims arising from professional services provioed under a contract, but only if, and
10 Ihe extent, required underwrItten contract."
7
L_________
CERTIFICATE HOLDER
LOS-00102795S.06
CANCELLA nON
I
~!
__. _______---.-J
@1998-2009ACORD CORPORATION. All Rights Reserved
The AC( - - Jistered marks of ACORD
Packet Page -814-
SHOULD AN'f OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE
;XPI!t&.TION DATE THEREOF, THE ISSUING IHSURER WilL ENDEAVOR TO MAIL
~__*_ DA YS WRITTEN NOTICE:: TO THE Ct:RTIFfCA. TE HOLDER NAMt:D TO THE LEFT,
BUT fAilURE TO DO SO SHALL IMPOSE NO OBUGATION OR UAB1LlTYOF ANY KIND
UPON THE INSURER. ITS AGENTS OR REPRESENTAnVES.
A~l~~~f~~~?11~;E:::~i SCJVices
Jamesl VcgBI
Collier County
Contract Administration, Building G
3301 Tamiami Trail East
Naples, FL 34112
ACORD 25 (2009/01)
Acord 25 (2009101)
5/10/2011 Item 16.E.1.
IMPORTANT
If tI1e certificate holder is an ADDITIONAL INSURED, the poIicy(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 endorsemenl(s).
DISCLAIMER
This Certificate of Insurance does not constitute e 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 poiicies listed thereon.
Packet Page -815-
,..__._L
ADDITIONAL INFORMATION
PRODUCER
Marsh Risk & Insurance Services
CA Ucense #0437153
777 South Figueroa Street
Los Angeles, CA 90017
075988-RW-Prof-10
R.W.S
INSURED
R. W. Beck.. Inc..
a wholly owned subsidiary of SAle
1001 Fourth Avenue, Suite 2500
Seattle, WA 98154
TEXT
CERTIFICATE HOLOER
Collier County
Contra~ Administration, Building G
3301 Tamiami frail East
Naples. FL 34112
INSURERS AFFORD
INSURER F
INSURER G
INSURER H"
INSURER i:
AUTItO ED REPRESENTATIVE
QfMilrt.l1 Risk &lflsurance
Jarm:$' L. Vogel
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5/10/2011 Item 16.E.1.
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5/10/2011 Item 16.E.1.
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PAGE 17 OF 57
CONTRACT NO.
QF026610 (1)
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XIV. SUBROGATION
In the event of any payment under this Policy. the Underwriters shall be subrogated to all the
INSURED'S rights of recovery therefore against any person or organization and the INSURED
shall execute and deliver instruments and papers and do whatever else is necessary to
secUIe such rights. The INSURED shall do nothing after a CLAIM Ie> prejUdice such rights.
However, it is agreed that the UndefWfiters waives ijs rights of subrogation under this poiicy
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 requlred by written contract.
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5/10/2011 Item 16.E.1.
Agenda Item No. 16C2
July 27. 2010
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to award Contract #10-5485, "Engineering Technical Support and
Financial Consulting Services for the Solid Waste Management Department" to the
following firms: CH2M Hill, Inc.; URS Corporation South; R. W. Beck Ine., An SAIC
Company; Malcolm Pirine, Inc.; SCS Engineers; and Brown and CaldwelL
OBJECTIVE: Approve the award of Contract # I 0-5485, "Engineering Technical Support and
Financial Consulting Services for the Solid Waste Management Department" to the following
firms: CH2M Hill, Inc.; URS Corporation South; R.W. Heck Inc., An SAIC Company; Malcolm
Pirine, Inc.; SCS Engineers; and Brown and Caldwell, for professional engineering technical
support and financial consulting services for Solid Waste Management Department projects.
CONSIDERATIONS: The Solid Waste Management Department (SWMD) is committed to
implementing the Board of County Commissioners approved Integrated Solid Waste
Managemcnt Strategy (ISWMS), which provides for environmentally sound and cost effective
solid wastc managcment services for Collier County. The ISWMS consists of 32 individual
projccts within the four components of I) Source Reduction, Materials Rcuse and Recycling, 2)
Diversion, 3) Optimizing Existing Asscts and Resources, and 4) Obtaining Additional Facilities,
which require continued developmcnt and implementation. The SWMD utilizes solid waste
consultants with expertise in cnginccring tcchnical support and financial consulting services to
support the ISWMS.
On April 12. 20 I 0, a Rcquest for Proposal (RFP) was issued. Notices were sent to 678 firms; 90
fIrms requested the full RFP package. Responses were rcceived from 7 fIrms by the due date of
May 14,2010. The selection committee rcvicwcd and ranked the following fIrms to be awarded
a contract.
I. CH2M Hill. 1nc.
2. lJRS Corporation South
3. R.W. Beck Inc., An SAIC Company
4. Maico 1m I'irine, Inc.
5. SCS Engineers
6. Brown and Caldwell
This is a fixed term contract that requires work orders to bc issued for each assignment subject to
the terms of the contract. The agreement is a two year contract with two, one year renewal
options. No individual work order will exceed $200,000 unless approved by the Board of County
Commissioners.
FISCAL IMPACT: Funding for each work order assigned will come from the Solid Waste
Disposal Fund 470, the Mandatory Trash Collection Fund 473, and/or the Solid Waste Capital
Fund 474. Othcr dcpartments will be able to utilize the contracts and all departments will not
exceed budgctcd funds.
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5/10/2011 Item 16.E.1.
Agenda Item No. 16C2
July 27,2010
Page 2 of 4
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient-JBW.
GROWTH MANAGEMENT IMPACT: There IS no impact on the County's Growth
Management Plan.
RECOMMENDATION: Award Contract #10-5485, "Engineering Technical Support and
Financial Consulting Services for the Solid Waste Management Department" to the following
flIms: CH2M Hil~ Inc.; URS Corporation South; R. W. Beck Inc., An SAIC Company; Malcolm
Pirine, Inc.; SCS Engineers; and Brown and Caldwell; and, authorize the Chairman to execute
the contracts.
PREPARED BY: Linda L. Jackson Best, MEA, Compliance Manager, Solid Waste
Management Department
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5/10/2011 Item 16.E.1.
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From Science to Solutions
February 25. 2011
Sent via email
Dan Rodriguez
Solid Waste Management Department Director
Collier County
3339 Tamiami Trail East, Suite 302
Naples, FL 34112
Subject:
Assignment of Contract #10-5485 "Engineering, Technical Support and
Financial Consulting Services for Solid waste
Dear Mr. Rodriguez:
As you may know. on August I. 2009. Science Applications 1ntemational Corporation (SA1C)
acquired R. W. Beck Group, Inc. (R. W. Beck). a consultancy specializing in advancing the
business of energy, water. and waste infrastructure. This acquisition resulted in R. W. Beck
becoming a wholly owned subsidiary ofSAIC.
SA1Cs acquisition of R. W. Beck has provided an opportunity for the organization to expand the
value of its customer solutions and to provide seamless delivery across the entire lifecycle of
infrastructure project completion. SAIC has now consolidated the capabilities and experience of
R. W. Beck into SAIC Energy, Environment & Infrastructure, LLC. From analyzing and
integrating leading technologies to designing, building and operating infrastructure systems, we
apply deep domain experience to strengthen our customers' enterprises and help them thrive in a
capital-constrained, complex world.
R. W. Beck's core technical and business consulting are now a central part of a broader portfolio
of services. Your current R. W. Beck Project Manager and supporting project team members are
now SAIC Energy, Environment & Infrastructure, LLC employees and will rcmain committed to
providing quality services.
In accordance with the provisions of your contract with R. W. Beck. we are requesting that
Collicr County providc written approval for R. W. Bcck to assign and transfer the subject
contract and all associated dclivcry/task orders to SAIC Energy. Environment & Infrastructure.
LLC. Your Projcct Managcr will continue to manage the project and ensure a seamless
transition of our responsibilities under thc contract. Plcasc notc that as a subsidiary of SA1C. the
company is included in SAICs insurance policies so there will he no change in coverage
SAle Energy, Environment & Infrastructure, LLC
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5/10/2011 Item 16.E.1.
For your reference, payment information for SAIC Energy, Environment & Infrastructure,
LLCis:
Remit to Address:
SAIC Energy, Environment & Infrastructure, LLC
Box 223563
Pittsburgh, P A 15251-2563
EFT Remittance Information:
The Bank of New York Mellon
ABA Routing Number: 043000261
Account Name: SAlC Energy, Environment & Infrastructure, LLC
Account Number: 0267602
Tax ID No. 20-1659855
Please signify your approval of this assignment in the space below and return within five days of
receipt. If you have any questions or need further information, please do not hesitate to contact
me at 407-648-3571.
Sincerely,
SAIC ENERGY, ENVIRONMENT & INFRASTRUCTURE, LLC
~1
David Gregory
Local Practice Leader
1000 Legion PI., Suite 1100
Orlando, FL 3280]
David. G re!.!Orv@SA1C.com
APPROVED:
Name:
Authorized Representative for Collier County
Title:
Date:
SAIC Energy, Environment & tnfrastructure, LLC
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