HomeMy WebLinkAboutATKINS North America Inc; 2012-11-28; CA934CA934
MASTER AGREEMENT FOR ENVIRONMENTAL AND PLANNING STUDY SERVICES
(ATKINS NORTH AMERICA, INC.)
CTHIS AGREEMENT is made and entered into as of the day of
^/7u^^ 20J±:, by and between the CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary
District of the City of Carisbad, hereinafter referred to as "CMWD", and ATKINS NORTH
AMERICA, INC., a Florida corporation, hereinafter referred to as "Contractor."
RECITALS
A. CMWD requires the professional services of a engineering consultant that is
experienced in environmental and planning studies.
B. The professional services are required on a non-exclusive, project-by-project
basis.
C. Contractor has the necessary experience in providing professional services and
advice related to environmental and planning studies.
D. Contractor has submitted a proposal to CMWD and has affirmed its willingness
and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1- SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
Contractor's obligations with respect to any project granted to Contractor under this Agreement
will be as specified in the Task Description for the project (see paragraph 5 below).
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of three years starting from the date first
written above.
4. PROGRESS AND COMPLETION
The work for any project granted to Contractor pursuant to this Agreement will begin within ten
(10) days after receipt of notification to proceed by CMWD and be completed within the time
specified in the Task Description for the project (see paragraph 5 below). Extensions of time for
a specific Task Description may be granted if requested by Contractor and agreed to in writing
by the Executive Manager (or designee) or General Manager of CMWD as authorized by the
Executive Manager ("General Manager"). The Executive Manager (or designee) or General
Manager will give allowance for documented and substantiated unforeseeable and unavoidable
delays not caused by a lack of foresight on the part of Contractor, or delays caused by CMWD
inaction or other agencies' lack of timely action. In no event shall a specific Task Description
exceed the term of this Agreement.
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5. COMPENSATION
The cumulative total for all projects allowed pursuant to this Agreement will not exceed one
hundred thousand dollars ($100,000) for the term of the agreement; the total amount allowed
per Project Task Description and Fee Allotment will not exceed one hundred thousand dollars
($100,000). Fees will be paid on a project-by-project basis and will be based on Contractor's
Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor,
CMWD shall prepare a Project Task Description and Fee Allotment (the "Task Description")
which, upon signature by Contractor and for CMWD, the Executive Manager (or designee) or
General Manager, will be considered a part of this Agreement. The Task Description will include
a detailed scope of services for the particular project being considered and a statement of
Contractor's fee to complete the project in accordance with the specified scope of services. The
Task Description will also include a description of the method of payment and will be based
upon an houriy rate, percentage of project complete, completion of specific project tasks or a
combinafion thereof.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will
be under control of CMWD only as to the result to be accomplished, but will consult with CMWD
as necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. CMWD will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not
be required to pay any workers' compensation insurance or unemployment contributions on
behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD
and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social
security, overtime payment, unemployment payment or workers' compensation payment which
CMWD may be required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD
may deduct the indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of
CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to
CMWD for the acts and omissions of Contractor's subcontractor and of the persons either
directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions
of persons directly employed by Contractor. Nothing contained in this Agreement will create any
contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be
responsible for payment of subcontractors. Contractor will bind every subcontractor and every
subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work
unless specifically noted to the contrary in the subcontract and approved in writing by CMWD.
8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless CMWD and the City of Carisbad and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorneys fees arising out of the performance of the work described herein
2 General Counsel Approved Version 2/17/12
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone
for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the
City of Carisbad incurs or makes to or on behalf of an injured employee under CMWD's self-
administered workers' compensation is included as a loss, expense or cost for the purposes of
this section, and that this section will survive the expiration or early termination of this
Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH" OR
with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum
limits indicated below, unless the Risk Manager or Executive Manager for CMWD approves a
lower amount. These minimum amounts of coverage will not constitute any limitations or cap on
Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and
employees make no representation that the limits of the insurance specified to be carried by
Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes
that any required insurance coverage is inadequate. Contractor will obtain such additional
insurance coverage, as Contractor deems adequate, at Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1.000.000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liabilitv (if the use of an automobile is involved for
Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury
and property damage.
10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period offive years following the date of completion ofthe work.
I I If box is checked. Professional Liability
CMWD's Initials /C/nttbttor's Initials Insurance requirement is waived.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
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10.2.1 CMWD will be named as an additional insured on General Liability which
shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD
sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of
this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then CMWD will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to
maintain the required coverages. Contractor is responsible for any payments made by CMWD
to obtain or maintain insurance and CMWD may collect these payments from Contractor or
deduct the amount paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. CMWD reserves the right to require, at any time,
complete and certified copies of any or all required insurance policies and endorsements.
11- BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of
CMWD during normal business hours to examine, audit, and make transcripts or copies of
records and any other documents created pursuant to this Agreement. Contractor will allow
inspection of all work, data, documents, proceedings, and activities related to the Agreement for
a period of three (3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1)
copy of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in CMWD and
Contractor relinquishes all claims to the copyrights in favor of CMWD.
General Counsel Approved Version 2/17/12
15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice
on behalf of CMWD and on behalf of Contractor under this Agreement.
For CMWD: For Contractor:
Name Glenn Pruim Name Kim Hewlett
Title Utilities Director Title Assoc. Vice President
Dept. Utilities Address 3570 Carmel Mountain Road,
Suite 300
Carlsbad Municipal Water District San Diego, CA 92130
Address 1635 Faraday Avenue Phone (858) 514-1018
Carlsbad CA, 92008 Email Kim.howlett(^atkinsglobal.com
Phone (760) 602-2768
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the Clerk for the City of Carisbad in
accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The
Contractor shall report investments or interests in all four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19- DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not othenA/ise settled by agreement
between the parties. Representatives of Contractor or CMWD will reduce such questions, and
their respective views, to writing. A copy of such documented dispute will be fonA/arded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonA/arded
to the Executive Manager. The Executive Manager will consider the facts and solutions
recommended by each party and may then opt to direct a solution to the problem. In such
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cases, the action of the Executive Manager will be binding upon the parties involved, although
nothing in this procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD
may terminate this Agreement for nonperformance by notifying Contractor by certifled mail of
the termination. If CMWD decides to abandon or indeflnitely postpone the work or services
contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to
Contractor. Upon notiflcation of termination. Contractor has five (5) business days to deliver any
documents owned by CMWD and all work in progress to CMWD address contained in this
Agreement. CMWD will make a determination of fact based upon the work product delivered to
CMWD and of the percentage of work that Contractor has performed which is usable and of
worth to CMWD in having the Agreement completed. Based upon that finding CMWD will
determine the final payment ofthe Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of CMWD, Contractor will assemble the work
product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be
paid for work performed to the termination date; however, the total will not exceed the lump sum
fee payable under this Agreement. CMWD will make the flnal determination as to the portions of
tasks completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona flde employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona flde
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty, CMWD will have the right to annul this Agreement without liability, or,
in its discretion, to deduct from the Agreement price or consideration, or othenA/ise recover, the
full amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD
must be asserted as part of the agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to
criminal prosecution. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include
false claims made with deliberate ignorance of the false information or in reckless disregard of
the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor
acknowledges that the filing of a false claim may subject Contractor to an administrative
debarment proceeding as the result of which Contractor may be prevented to act as a
Contractor on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
General Counsel Approved Version 2/17/12
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD and
Contractor and their respective successors. Neither this Agreement or any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of CMWD, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
confiict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing
signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
Executed by Contractor this. 27 'cn day of September ., 2012
CONTRACTOR
ATKINS NORTH AMERICA, INC., a
Florida corporation
invtyere) (fign
)avid J. Carter
Senior Vice Pr^gn^^^J^^S^
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911, and
a Subsidiary District of tfie City of Carisbad
Preside '
By:
(print nam^^eio^'^^
||/ SEAL
\'2\ 1960
:«1 ATTEST:
(sign here)
Rene de los Rios
Assistant Secretary
^^O^i Jo
Secretary
(print name/title)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
Assistant General Cdtinsel
General Counsel Approved Version 2/17/12
NOTARY ACKNOWLEDGEMENT
STATE OF FLORIDA }
COUNTY OF ML\MI-DADE}
PERSONALLY APPEARED
David J. Carter and Rene de los Rios
by me to be the Senior Vice President and Assistant Secretary
before me, the undersigned authority,
, well known to me or who has produced
as identification and known
ofthe
corporation named above, and acknowledged before me that they executed the foregoing instrument
on behalf of said corporation as its true act and deed, and that they were duly authorized to do so.
WITNESS my hand and official seal this 27th day of September, 2012.
A.% DEBORAH LYNN SHIMEL
5*; A '% MY COMMISSION # DD 924543
EXPIRES: November 13,2013
''^'^','0^ Bonded Thru Notary Public Underwriters
-4^
NOTARY PUBLIC
PrintName: DEB H LYNN SHIMEL
My Commission Expires: Nov. 13, 2013
environmental/Planning Study Sen/ices {18
5. Rate Schedule
ATKI NS
EXHIBIT A
ATKINS STANDARD RATE SCHEDULE
FOR THE CITY OF CARLSBAD
EFFECTIVE JANUARY 1, 2012
ENVIRONMENTAL SCIENCE SERVICES
Supervising Scientist $198.00
Senior Scientist 111 180.00
Senior Scientist II 170.00
Senior Scientist I 140.00
Scientist 111 130.00
Scientist II 110.00
Scientist 1 92.00
Assistant Scientist 80.00
Research Assistant 65.00
PUBLIC AFFAIRS/COMMUNITY RELATIONS
Project Manager $170.00
Community Relations Specialist 140.00
Assistant Project Manager 125.00
Account Coordinator 80.00
OTHER PROFESSIONAL SERVICES
Principal Professional $196.00
Supervising Professional 170.00
Sr. Professional 111 / Sr. GIS Analyst ill 150.00
Senior Professional 11 / Sr. GIS Analyst 11 135.00
Senior Professional I / Sr. GIS Analyst I 122.00
Professional 11 / GIS Analyst 11 101.00
Professional I / GIS Analyst I 88.00
Atkins North America, Inc.
3570 Carmel Mountain Road. Suite 300
San Diego. Califomia 92130
Telephone: +1.858.874.1810
Fax: +1.858.259.0741
www.atkinsglobal.com/northamerica
DESIGN & GRAPHIC SERVICES
Senior Designer 111 $140.00
Senior Designer 11 135.00
Senior Designer 1 120.00
Designer II 110.00
Designer 1 100.00
CAD Technician 111 95.00
CAD Technician 11 85.00
CAD Technician 1 70.00
Graphics Designer 11 100.00
Graphics Designer 1 95.00
ADMINISTRATIVE SERVICES
Senior Administrator $110.00
Senior Administrative Assistant 111 95.00
Senior Administrative Assistant II 85.00
Senior Administrative Assistant 1 80.00
Administrative Assistant 111 75.00
Administrative Assistant 11 65.00
Administrative Assistant I / Clerk 60.00
EXPENSES AND OUTSIDE SERVICES
Identifiable non-salary costs that are directly attributable to the project, such as reproduction costs, telephone charges, mileage,
postage, etc.. are billed at actual cost plus 10 percent to cover overhead and administration costs. Mileage will be billed at the
current IRS rate at the time of vehicle use.
Fees for subconsultant services provided are billed at actual cost plus 10 percent to cover overhead and administration costs.
Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per day.
Computer Aided Drafting, hydrologic water, sewer and stormwater modeling, GIS, automated mapping, database and web
programming, etc.. is charged at $5 per labor hour.
If applicable, a vehicle allowance of $8.00 per hour will be charged for the use of a company vehicle assigned to an inspector.
* Non-Prevailing Wage
** Prevailing Wage Rate - Overtime will be charged at 1.25 times and Sundays and holidays will be charged at 1.70 times the
above rates.
PAYMENT TERMS
A late payment finance charge at a rate of 18 percent per annum will be applied to any unpaid balance commencing 30 days
after the date of original invoice.
This rate schedule will remain in effect for three years beginning on the date of the fully executed contract.
0414 028650 0512 Atkins { SOQ for City of Carisbad
WAIVER REQUEST FORM
FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S)
Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the
requirement(s).
Requested by: Bill Plummer/Utilities, Marshall Plantz/Transportation October 12, 2012
(Name and Department) Date
Proposed modification(s) to the Prof. Liability requirement(s) for Master Agreements for 2012-2015 for
Atkins North Environmental/Planning Services
. . CA932-City; CA934-CMWD Amenca
(Type of insurance) (Name of contract)
|~~| Reduce coverage to the amount of:
I I Waive coverage
13 Other: Waive requirement of surplus lines carrier on the LASLI (formeriy LESLI)
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
nSianificance of Contractor: Contractor has previous experience vvith the City that is important to the
efficiency of completing the scope of work and the quality of the work-product, [explain]
Significance of Contractor: Contractor has unique skills and there are few if any altematives. [explain:
include number of candidates RFP sent to and number responded if applicable]
•Contract Amount/l^rm of Contract: $ . Work will be completed over a period of
•Professional Liability coverage is not available to this contractor or would increase the cost of the contract by
$ [explain].
I^Other (e.g. explain whv exposures are minimal, how exposures are covered in another policy, exposure
control mechanisms, and anv other information pertinent to vour request): Under the Nonadmitted and
Reinsurance Reform Act (NRRA). as part of the Dodd-Frank Act and implemented in Insurance Code Section
1765.1. "alien" nonadmitted insurers listed on the NAIC's (National Association oflnsurance Commissioners)
Ouarteriv List of Alien Insurers are eligible to accept placements of California risks from surplus lines brokers.
The federal action provides for the national listing, thereby allowing alien carriers to avoid individual filing
requirements in each state such as those to be included on the LASLI (formeriv LESLI). As of January 30. 2012
Lloyds of London/Beazlev syndicate voluntarily removed itself from the LASLI. electing to rely on inclusion on
the Ouarteriv List of Alien Insurers to provide insurance for Califomia risks from surplus lines brokers. Llovds
has made a filing in Califomia that permits the Department oflnsurance to ''recognize'' Lloyd's syndicates in the
event of an inquiry from a broker or a member of the public. However, the extent to which standards for a
surplus lines carrier on the LASLI (List of Approved Surplus Lines Insurers) versus those on the Quarterly List
of Alien Insurers is unclear as ofthe writing of this waiver and in recent articles appearing in the Insurance
Joumal it appears that the state's implementing legislation has resulted in issues that mav need to be resolved in
court. In any case, there is confusion among brokers and clients because there are now 2 lists in the state, one
with ''approved" surplus lines carriers and the other, the national list of "eligible" surplus lines carriers.
Apparently Lloyds is trying to work with the state to sort out some of the confusion ad it can be anticipated that
there will be more to come on this matter. In the meantime, Llovds of London/Beazlev syndicate has and
continues to be the carrier for Atkins North America for its professional liability insurance, it was on the LASLI
until it requested removal, and it is the carrier for the contractor with significant ongoing projects in the City. It
is requested Llovds of London/Beazlev syndicate be accepted as the carrier for professional liability insurance
for Atkins North America.
Approved by Risk Manager for these 2 contracts onlv:
(Signature) (Date)
H;\WORD\lnsurance\Admin Order #68 waiver modit>' insunwce requirements.doc
06/15/2006