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HomeMy WebLinkAboutAllen Engineering, Inc Agreement 6 2011AGREEMENT FOR ENGINEERING & SURVEYING SERVICES THIS AGREEMENT is made and entered this 141 day of 2 2011, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation ("City"), located at 105 Polk Avenue, Cape Canaveral, Florida 32920, and ALLEN ENGINEERING, INC., a Florida corporation ("Engineer"), whose principal address is 106 Dixie Lane, Cocoa Beach, Florida 32931. WITNESSETH: WHEREAS, City has a need to obtain engineering and surveying services from time to time on an as -needed, task -oriented basis; and WHEREAS, the City has followed the selection and negotiation process set forth in the Florida's Consultants' Competitive Negotiation Act, section 287.055, Florida Statutes; and WHEREAS, Engineer participated in the selection and negotiation process; and WHEREAS, Engineer is willing to provide such engineering and surveying services to the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 TERM AND DEFINITIONS 1.1 Unless sooner terminated by either Party pursuant to the terms and conditions herein, this Agreement shall terminate on the fifth (5th) anniversary of the Effective Date. The Parties shall have the option to extend the term for two (2) additional one (1) year renewals. Such an extension shall only be by written amendment to this Agreement executed by both parties hereto. 1.2 The terms and conditions of any Task Order, as described in Section 2 hereof, shall be as set forth in such Task Order. Any Task in effect at the termination of this Agreement shall remain in effect until completion of said Task Order, and all of the terms and conditions of this Agreement shall survive until completion of all Task Orders. 1.3 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Engineer to Agreement for Engineering and Surveying Services City of Cape Canaveral / Allen Engineering, Inc. 1 provide the engineering and surveying services approved by Task Order by the City and is also sometimes referred to herein to include all Task Orders approved hereunder. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. C. "Engineer" shall mean Allen Engineering, Inc., and its principals, employees, resident project representatives (and assistants). d. "Public Record" shall have the meaning given in section 119.011(12), Florida Statutes as may be amended. e. "Reimbursable Expenses" shall mean the actual expenses incurred by Engineer or Engineer's independent professional associates and consultants which are directly related to travel and subsistence at the rates, and under the requirements of, section 112.061, Florida Statutes, as may be amended or any other actual and direct expenses the City agrees to reimburse by Task Order. f. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in a Task Order. g. "Task Order" shall mean a written document approved by the parties pursuant to the procedure outlined in paragraph 2.0 of this Agreement, and any amendments thereto approved pursuant to the procedures outlined in paragraph 3.0 herein, which sets forth the Work to be performed by Engineer under this Agreement, and shall include, without the necessity of a cross- reference, the terms and conditions of this Agreement. 1.4 Engagement. The City hereby engages the Engineer and Engineer agrees to perform the Services outlined in this agreement for the stated fee arrangement. No prior or present representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 2.0 DESCRIPTION OF SERVICES 2.1 The City shall make request of Engineer to perform engineering and surveying services on a "task" basis. The City will communicate with Engineer, verbally or in writing, a general description of the task to be performed. The Engineer will generate a detailed Scope of Work document, prepare a Schedule, add a Lump Sum Fee with a detailed cost breakdown to accomplish the task, and send the thus developed "Task Proposal" to the City. The detailed cost breakdown of the lump sum fee shall consist of a list of major sub -tasks and a man-hour breakdown for all work to be performed. The cost breakdown shall include all sub -consultant work and the Task Proposal shall include the written price proposals from all sub -consultants. The detailed cost breakdown shall include aline item for Reimbursable Expenses and the list of the expenses proposed to be eligible for Agreement for Engineering and Surveying Services City of Cape Canaveral / Allen Engineering, Inc. 2 reimbursement. The City will review the Task Proposal, and if the description is mutually acceptable, the parties will enter into a written "Task Order." The Scope of Services generally to be provided by the Engineer through a Task Order may include any civil engineering or surveying services for any City project and may contain written terms and conditions which are deemed supplemental to this Agreement. The City will issue a notice to proceed to the Engineer in the form of a letter and an executed City purchase order. Upon receipt of the signed Task Order and the written notice to proceed from the City, the Engineer shall perform the services set forth in the Task Order. 2.2 The City reserves the right, at its discretion, to perform any services related to this Agreement or to retain the services of other engineering or surveying companies to provide professional services. 3.0 CHANGES IN THE SCOPE OF WORK 3.1 City may make changes in the Services at any time by giving written notice to Engineer. If such changes increase (additional services) or decrease or eliminate any amount of Work, City and Engineer will negotiate any change in total cost or schedule modifications. If the City and the Engineer approve any change, the Task Order will be modified in writing to reflect the changes; and Engineer shall be compensated for said services in accordance with the terms of Article 5.0 herein. All change orders shall be authorized in writing by City's and Engineer's designated representative. 3.2 All of City's said Task Orders and amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable. 4.0 SCHEDULE 4.1 Engineer shall perform services in conformance with the mutually agreed schedule set forth in the negotiated Task Order. Engineer shall complete all of said services in a timely manner and will keep City apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Engineer fall behind the agreed upon schedule, it shall employ such resources so as to comply with the agreed-upon schedule. 4.2 No extension for completion of services shall be granted to Engineer without City's prior written consent, except as provided in Sections 3.1 and 19.1 herein. 4.3 Any cost caused by defective or ill-timed services shall be borne by the party responsible therefore. Agreement for Engineering and Surveying Services City of Cape Canaveral / AIlen Engineering, Inc. 3 5.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF ENGINEER 5.1 General Services. For basic and additional Services performed by Engineer's principals, employees, and resident project representatives (and assistants) pursuant to paragraphs 2.0 and 3.0, the City agrees to pay the Engineer an amount equal to that agreed upon by the parties for a particular Task Order. However, payment terms must be consistent with the terms and conditions in this Agreement. To the extent that the payment terms in any Task Order conflict with the payment terms set forth in this Agreement, the conflicting provisions of this Agreement shall prevail. 5.2 Additional Services Performed by Professional Associates and Consultants. For additional Services and Reimbursable Expenses of independent professional associates and consultants employed by Engineer to render additional Services pursuant to paragraphs 2.0 and 3.0, the City agrees to pay the Engineer an amount equal to that billed Engineer by the independent professional associates and consultants. Prior to payment by the City, the Engineer shall submit to the City a copy of any written invoice received by Engineer from all independent professional associates and consultants which clearly evidences the amount billed by the independent professional associates and consultants for additional Services and any Reimbursable Expenses. 5.3 Witness Services. For witness or expert services rendered by Engineer's principals, employees, resident project representatives (and assistants), and independent professional associates and consultants on behalf of the City in any litigation, arbitration, or other legal or interested administrative proceeding in which the City is a named interested party, City agrees to pay the Engineer or independent professional associate or consultant, which is used as a witness or expert, an amount equal to that agreed upon by the party for a particular Task Order. 5.4 Florida Prompt Payment Act. Payment shall be due and payable as provided by the Florida Prompt Payment Act section 218.70 et. seq., Florida Statutes. 5.5 Miscellaneous. Under no circumstances shall actual or direct costs under this Agreement include costs associated with in efficiency, offsite or home office overhead, loss of productivity, consequential damages, legal or consulting costs, or costs associated with delays caused in whole or in part by the Engineer. 5.6 Errors and Deficiencies. Engineer shall not invoice the City or seek any compensation from the City to correct or revise any errors or deficiencies in Engineer's services provided under this Agreement. 5.7 Payment Offsets. To the extent that Engineer owes the City any money under this or any other Agreement with the City, the City shall have the right to withhold payment and otherwise back charge the Engineer for any money owed to the City by Engineer. Agreement for Engineering and Surveying Services City of Cape Canaveral I Allen Engineering, Inc. 4 5.8 Payment not Waiver. The City's payment of any invoice under this Agreement shall not be construed or operate as a waiver of any rights under this Agreement or any cause of action arising out of the performance of this Agreement and Engineer shall remain liable to the City in accordance with applicable law for all damages to the City caused by Engineer's performance of any services provided under this Agreement. 5.9 Delay Remedy. The risk of any monetary damages caused by any delays in performing the Services under this Agreement and any Task Order are accepted and assumed entirely by the Engineer, and in no event shall any claim relating thereto for an increase in compensation be made or recognized. Engineer shall not make any claim nor seek any damages of any kind against the City for any delays, impacts, disruption or interruption caused by any delay. Engineer's remedy for a delay shall be an equitable extension of time to perform the Services for each day of such delay that impacts the critical path of the schedule established under this Agreement or specific Task Order. 6.0 RIGHT TO INSPECTION 6.1. City or its affiliates shall at all times have the right to review or observe the Services performed by Engineer. 6.2 No inspection, review, or observation shall relieve Engineer of its responsibility under this Agreement. 7.0 PROGRESS MEETING 7.1. City's designated Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of any Task Order entered into under this Agreement. Engineer's Project Manager and all other appropriate personnel shall attend such meetings as designated by City's Project Manager. 8.0 SAFETY 8.1 Engineer shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, resident project representatives (and assistants) while performing Services provided hereunder. 9.0 REASONABLE ACCESS 9.1 During the term of this Agreement, City shall grant Engineer reasonable access to the City's premises, records, and files for purposes of fulfilling its obligations under this Agreement. Agreement for Engineering and Surveying Services City of Cape Canaveral / AIlen Engineering, Inc. 5 10.0 INSURANCE 10.1 Liability Amounts. During the term of this Agreement, Engineer shall be responsible for providing the types of insurance and limits of liability as set forth below. a. Professional Liability. Proof of professional liability insurance shall be provided to the City for the minimum amount of $1,000,000 as the combined single limit per claim and $1,000,000 in the aggregate. b. General Liability. The Engineer shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 per occurrence, $2,000,000 aggregate for bodily injury and property damage which may arise from any Services performed under this Agreement whether such Services are performed by the Engineer or by anyone directly employed by or contracting with the Engineer. C. Automobile Liability. The Engineer shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 per occurrence combined single limit for bodily injury, including wrongful death, and property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles, whether such operations be by the Engineer or by anyone directly or indirectly employed by the Engineer. d. Workers' Compensation. The Engineer shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance and Employers' Liability Insurance in at least such amounts as are required by law for all of its employees performing Work for the City pursuant to this Agreement. 10.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. Renewal certificates shall be sent to the City thirty (30) days prior to any expiration date. There shall also be a thirty (30) day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on stipulated insurance policies included in article 10.I.b and I01c herein, as its interest may appear, from time to time. 10.3 The insurance required by this Agreement shall include the liability and coverage provided herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to the City,, and the Engineer by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. In the event that the Engineer shall fail to comply with the foregoing requirement, the City is authorized, but in no event shall be obligated, to purchase such insurance, and the City may bill the Agreement for Engineering and Surveying Services City of Cape Canaveral I Allen Engineering, Inc. 6 Engineer. The Engineer shall immediately forward funds to the City in full payment for said insurance. It is expressly agreed that neither the provision of the insurance referred to in this Agreement nor the City's acceptance of the terms, conditions or amounts of any insurance policy shall be deemed a warranty or representation as to adequacy of such coverage. All insurance coverage shall be with insurer(s) rated as A+ by Best's Rating Guide (or equivalent rating and rating service as reasonably determined by the City Manager) and licensed by the State of Florida to engage in the business of writing of insurance or provided through the London Market for Professional Liability Insurance. Unless agreed to by the City to the contrary, the City shall be named on the insurance policies included in article 10.1.b and 10.1.c as "additional insured." The Engineer shall cause its insurance carriers, prior to the effective date of this agreement to furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days' prior written notice to the City in compliance with other provisions of this Agreement. Further copies of all relevant policies will be provided to the City within thirty (30) days of the effective date of this agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Engineer in accordance with this Article on the basis of its not complying with the Agreement, the City shall notify the Engineer in writing thereof within thirty (30) days of the date of delivery of such certificates to the City. For all Work performed pursuant to this Agreement, the Consultant shall continuously maintain such insurance in the amounts, type, and quality as required by the Agreement. 10.4 Independent Associates and Consultants. All independent associates and consultants employed by Engineer to perform any Services hereunder shall fully comply with the insurance provisions contained in this paragraph. 11.0 COMPLIANCE WITH LAWS AND REGULATIONS 11.1 Engineer shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and/or ordinances applicable to the performance of Services under this Agreement. 12.0 REPRESENTATIONS 12.1 Engineer represents that the Services provided hereunder shall conform to all requirements of this Agreement and any Task Order, shall be consistent with recognized and sound engineering and surveying practices and procedures; and shall conform to the customary standards of care, skill, and diligence appropriate to the nature of the Services rendered. Engineer shall perform as expeditiously as is consistent with professional skill and care and the orderly progress of the Services performed hereunder. Engineer's services shall be consistent with the time periods established under this Agreement or the applicable Task Order. Engineer shall provide City with a written schedule for services performed under each Task Order and such schedule shall provide for Agreement for Engineering and Surveying Services City of Cape Canaveral / Allen Engineering, Inc. 7 ample time for the City to reviews, for the performance of consultants (if any), and for the approval of submissions by authorities having jurisdiction over the services. The Engineer's designated representative shall have the authority to act on Engineer's behalf with respect to the Services. In addition, Engineer's representative shall render decisions in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Services. Except with the City's knowledge and consent, the Engineer shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Engineer's professional judgment with respect to the Services. The Engineer shall review laws, codes, and regulations applicable to Engineer's Services. The Engineer's services and design shall comply with all applicable requirements imposed by all public authorities. The Engineer represents and warrants that it is familiar with, and accepts that it will perform the Services hereunder in a manner that complies with all applicable requirements of law, codes, and regulations. Engineer shall be responsible for the professional quality, technical accuracy and the coordination of all plans, studies, reports and other services furnished to the City under this Agreement. Unless this Agreement is terminated by the City, or terminated by Engineer for nonpayment of any proper invoices, or the City exercises its rights to perform the Services pursuant to under Paragraph 2.2 herein, Engineer shall be responsible for the satisfactory and complete execution of the Services described in this Agreement and any Task Order. The Engineer represents that it will carefully examine the scope of services required by the City in and Task Order, that it will 'investigate the essential requirements of the services required by the Task Order, and that it will have sufficient personnel, equipment, and material at its disposal top complete the services set forth in the Task Order in a good professional and workmanlike manner in conformance with the requirements of this Agreement. 12.2 Engineer represents that all principals, employees, and other personnel furnishing such Services shall be qualified and competent to perform the Services assigned to them and that such guidance given by and the recommendations and performance of such personnel shall reflect their best professional knowledge and judgment. 13.0 GUARANTEE AGAINST INFRINGEMENT 13.1 Engineer guarantees that all Services performed under this Agreement shall be free from claims of patent, copyright, and trademarks infringement. Notwithstanding any other provision of this Agreement, Engineer shall indemnify, hold harmless, and defend City, its officers, directors, employees, agents assigns, and servants from and against any and all liability, including expenses, legal or otherwise, for actual or alleged infringement of any patent, copyright, or trademark resulting from the use of any goods, Services, or other item provided under this Agreement. Notwithstanding the foregoing, Engineer may elect to provide non -infringing services. 14.0 DOCUMENTS 14.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Agreement for Engineering and Surveying Services City of Cape Canaveral / AlIen Engineering, Inc. 8 Engineer and its independent contractors and associates related, directly or indirectly, to this Agreement, shall be deemed to be a Public Record whether in the possession or control of the City or the Engineer. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Engineer is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City manager. Upon request by the City, the Engineer shall promptly supply copies. of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Engineer be open and freely exhibited to the City for the purpose of examination and/or audit. a. Reuse of Documents. All documents, including but not limited to, drawings, specifications, and data, or programs stored electronically or otherwise, prepared by the Engineer and its independent contractors and associates pursuant to this Agreement or related exclusively to the Services described herein shall be owned by the City and may be reused by the City for any reason or purpose at anytime. However, the City agrees that the aforesaid documents are not intended or represented to be suitable for reuse by the City or others on any undertaking other than the Work outlined in this Agreement. Any reuse for an undertaking other than for the Work without verification or adaptation by the Engineer, or its independent contractors and associates if necessary, to specific purposes intended will be at the City's sole risk and without liability or legal exposure to the Engineer. b. Ownership of Documents. The City and the Engineer agree that upon payment of fees due to the Engineer by the City for a particular design, report, inventory list, compilation, drawing, specification, model, redommendation, schedule or otherwise, said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Engineer in the performance of this Agreement, or any Work hereunder, shall be the sole property of the City, and the City is vested with all rights therein. The Engineer waives all rights of copyright in said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Engineer in the performance of this Agreement, and hereby assigns and conveys the same to the City whether in the possession or control of the Engineer or not. C. Preexisting Ownership Rights to Documents. Notwithstanding any provisions to the contrary contained in this Agreement, Engineer shall retain sole ownership to its preexisting information not produced and paid for by the City under this Agreement including, but not limited to computer programs, software, standard details, figures, templates and specifications. 15.0 ASSIGNMENT 15.1 Engineer shall not assignor subcontract this Agreement, any Task Order hereunder, or any rights or any monies due'or to become due hereunder without the prior, written consent of City. Agreement for Engineering and Surveying Services City of Cape Canaveral / Allen Engineering, Inc. 9 1.5.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Engineer, Engineer shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 15.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Engineer who shall take immediate steps to remedy the situation. 15.4 If any part of this Agreement is subcontracted by Engineer, prior to the commencement of any Work by the subcontractor, Engineer shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 16.0 INDEPENDENT CONTRACTOR 16.1 At all times during the term of this Agreement, Engineer shall be considered an independent contractor and not an employee of the City. 17.0 DEFAULT BY ENGINEER AND CITY'S REMEDIES 17.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: 17.2 Engineer defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within thirty (30) calendar days after written notice from the City specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within thirty (30) calendar days, in which case the Engineer shall have such time as is reasonably necessary to remedy the default, provided the Engineer promptly takes and diligently pursues such actions as are necessary therefore; or 17.3 Engineer is adjudicated bankrupt or makes any assignment for the benefit of creditors or Engineer becomes insolvent, or is unable or unwilling to pay its debts; or 17.4 Engineer has acted grossly negligent, as defined by general and applicable law, in performing the Services hereunder; or 17.5 Engineer has committed any act of fraud upon the City; or 17.6 Engineer has made a material misrepresentation of fact to the City while performing its obligations under this Agreement. Agreement for Engineering and Surveying Services City of Cape Canaveral / Allen Engineering, Inc. 10 17.7 Engineer has assigned this Agreement or any Task Order without the City's prior written consent. 17.8 Notwithstanding the aforementioned, in the event of a default by Engineer, the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. 18.0 TERMINATION 18.1 Notwithstanding any other provision of this Agreement, City may, upon written notice to Engineer, terminate this Agreement, without penalty, if. (a) Engineer is in default pursuant to paragraph 17.0 Default; (b) Engineer makes a general assignment for the benefit of its creditors; (c) Engineer fails to comply with any condition or provision of this Agreement; or (d) Engineer is experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right or remedy City may have under this Agreement. In addition, either party may terminate for convenience with no penalty at any time upon thirty (30) days advance written notice. In the event of such termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 19.0 FORCE MA,TEURE 19.1 Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes; extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 20.0 GOVERNING LAW & VENUE 20.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 21.0 HEADINGS 21.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. Agreement for Engineering and Surveying Services City of Cape Canaveral / Allen Engineering, Inc. 11 22.0 SEVERABILITY 22.1 In the event any portion or part of thereof this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise by fully enforceable. 23.0 WAIVER AND ELECTION OF REMEDIES 23.1 Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 23.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each parry hereto. 24.0 TBIRD PARTY RIGHTS 24.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Engineer. 25.0 PROHIBITION AGAINST CONTINGENT FEES 25.1 Engineer warrants that it has not employed or retained any company or person, other than a bona tide employee working solely for the Engineer, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 26.0 ENTIRE AGREEMENT 26.1 This Agreement, including any Task Orders and Schedules, Attachments, Appendix's and Exhibits attached hereto, constitute the entire agreement between City and Engineer with respect to the Services specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 27.0 NO JOINT VENTURE 27.1 Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither parry is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. Agreement for Engineering and Surveying Services City of Cape Canaveral / Allen Engineering, Inc. 12 28.0 ATTORNEY'S FEES 28.1 Should either parry bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party the costs and expenses of such action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial or on appeal. 29.0 COUNTERPARTS 29.1 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 30,0 DRAFTING 30.1 City and Engineer each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 31.0 NOTICE 31.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Engineer: Allen Engineering, Inc. Attn: John M. Allen P.O. Box 321321 Cocoa Beach, FL 32932-1321 (321) 783-7443 Phone (321) 783-5902 Fax For City: City of Cape Canaveral Attention: City Manager 105 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1230 Phone (321) 868.1224 Fax Agreement for Engineering and Surveying Services City of Cape Canaveral I Allen Engineering, Inc. 13 31.2 Either party may change the notice address by providing the other parry written notice of the change. 32.0 SOVEREIGN EM4UNITY 32.1 Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 33.0 CORPORATE REPRESENTATIONS BY ENGINEER 33.1 Engineer hereby represents and warrants to the City the following: a. Engineer is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned representative of Engineer has the power, authority, and legal right to execute and deliver this Agreement on behalf of Engineer. 34.0 INDEMNIFICATION 34.1 Engineer shall indemnify and hold harmless the City, and its officers (including its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not Iimited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Engineer and other persons employed by the Engineer in the performance of the Agreement and any Task Order. 34.2 Engineer shall also indemnify and hold harmless the City, and its officers (including its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by Engineer's breach and caused by other persons employed by the Engineer in the performance of the Agreement and any Task Order. Agreement for Engineering and Surveying Services City of Cape Canaveral 1 Allen Engineering, Inc. 14 The indemnity provisions set forth in Paragraphs 34.1 and 34.2 shall be considered separate and independent indemnity provisions. 35.0 ENGINEER'S PERSONNEL AT CONSTRUCTION SITE 35.1 The presence or duties of Engineer's personnel at a construction site, whether as onsite representatives or otherwise, do not make Engineer or Engineer's personnel in any way responsible for those duties that belong to City and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the applicable construction contract documents and any health or safety precautions required by such construction work. Engineer and Engineer's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except Engineer's own personnel. 35.2 The presence of Engineer's personnel at a construction site is for the purpose of providing to City a greater degree of confidence that the completed work will conform generally to the applicable contract documents and that the integrity of the design concept as reflected in the contract documents has been implemented and preserved by the construction contractor(s). Engineer neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the contract documents. For this Agreement only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work. 36.0 RECORD DRAWINGS 36.1 Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the project was finally constructed. Engineer is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 37.0 ADDITIONAL ASSURANCES 37.1 The Engineer for itself and its Sub -consultants, if any, certifies that: a. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement is presently debarred, suspended, Agreement for Engineering and Surveying Services City of Cape Canaveral / Allen Engineering, Inc. 15 proposed for debarment, declared ineligible or voluntarily excluded from participation in any architecture, landscape architecture, engineering, or surveying activity by any Federal, State, or local governmental commission, department, corporation, subdivision, or agency; b. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the City; and; C. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has willfully offered an employee or officer of the City any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. d. The undersigned is authorized to execute this Agreement on behalf of the Engineer and said signature shall bind the Engineer to this Agreement. No further action is required by the Engineer to enter into this Agreement other than Engineer's undersigned representative execution of the Agreement. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: CITY OF CAPE CANAVERAL C90 -r1 )-i,,e.- David Greene, City Manager ATTEST: all Vk Angela Apperson, City Clerk ENGINEER: ALLEN ENGINEERING, INC. PIG M. Allen, President Agreement for Engineering and Surveying Services City of Cape Canaveral / Allen Engineering, Inc. 16 ALELEN ngiInc. Angela Apperson City Clerk City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 (321) 783-7443 FAX (321) 783-5942 106 DIXIE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321 May 3, 2011 Re: Engineering/Surveying Services Continuing Contract - AEI Hourly Rate Schedule Dear Ms. Apperson: I'm replying to your request for our rate schedule. We are submitting the requested hourly fee schedule: 1. Principal / Director $150.00 per hour 2. Project Manager / Sr. Project Engineer $125.00 per hour 3. Senior Engineer $120.00 per hour 4. Project Engineer $ 90.00 per hour 5. Registered Land Surveyor $130.00 per hour 6. Survey Field Supervisor $120.00 per hour 7. Survey Field Crew $140.00 per hour 8. CAD Specialist / Designer $ 75.00 per hour 9. Administrative Assistant $ 55.00 per hour I am extremely pleased with this opportunity to expand our services with the City of Cape Canaveral and look forward to working with you and your staff. Please contact me personally should you have questions regarding our performance or commitment to the City of Cape Canaveral. Very Truly Yours, M. Allen President rx-om:-i"ux'xe55a mover raxiLJ;ba.n.Le insurance urou 1J&te:bit5/Z011 11:ZU AM Mage: 2 of 2 OP ID: TO `4 R", CERTIFICATE OF LIABILITY INSURANCE DAT06/08DNYYYj 06!08!11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 407-869-0962 SIHLE INSURANCE GROUP, INC.PHONE P. D. BOX 160398 407-774-0936 ALTAMONTE SPRINGS, FL 32716 Charles R, Baylis, Jr. NONNAMEE CT Michelle Benedict FAx E�ANo. Ext :407-389-3527 Arc No : 407-089-8427 IL ADDRESS: MBenedict@sihle.com PRODUCER ALLEN -1 CUSTOM ER ID! INSURER(S) AFFORDING COVERAGE NAIC f INSURED Allen Engineering, Inc. P.O. Box 321321 Cocoa Beach, FL 32931 INSURERA: Hartford Insurance 29424 INSURERB: Hartford Fire Insurance Co. 02231 INSURERC:Hartford Casualty Insurance Co 29424 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. 1L7R TYPE OF INSURANCE S POLICY NUMBER POLICY YlYYYYY MMA�NYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR 21 UUNZF9670 06103111 06103112 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,00 MED EXP (Anyone person) $ 10,00 PERSONAL &ADV IN JURY $ 1,000,00 GENERAL AGGREGATE $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG $ 1,000,00 POLICY X PROJECT LOC $ B AUTOMOBILE X LIABILITY ANYAUTO 21UENTT4942 06/03/11 06103/12 COMBINED SINGLE LIMIT (Ea acddenl) $ 1,000,00 BODILY INJURY JPer person) $ ALLOWNEDAUTOS BODILY INJURY(Per accident) $ B X SCHEDULED AUTOS HIREDAUTOS 21UENTT4942 06103111 06!03!12 PROPERTY DAMAGE (Peraccidenl) $ B X NON-OWNEDAUTOS 21UENTT4942 06103111 06/03/12 PIP $ 10,00 $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,0{1 C EXCESS LIAB CLAIMS -MADE 21 XHUZF8567 06/03/11 06103/12 DEDUCTIBLE $ $ X RETENTION $ 10,000 WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOY ERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERMEMBER EXCLUDED? El N I A TORYLIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) fl yes, describe, under E.L. DfSEASE -POLICY LIMIT I $ DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHCLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Cape Canaveral is named as additional insured for General Liability where required bywritten contract, as respects negligent acts caused bylhe Named Insured only. CERTIFICATE HOLDER CANCELLATION CITYCAP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cape Canaveral Y A THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE NTH THE POLICY PROVISIONS, PO Box 326 Cape Canaveral, FL 32920 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD 6/8/2011 9:21:23 AM Faxserver Faxserver002 Page 2 CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYY) 06!08111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES- NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the polley(Ees) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Aon Risk Services, Inc of Florida 1001 Bdckell Bay Drive, Suite #1100 CONTACT Aon Risk Services, Inc of Florida NAME: PHONE N o Exl_ 800-743-8130 (A/C , No): 800-522-7514 Miami, FL 33131-4937 E-MAIL ADDRESS: ADP_CO1_Center@Aon.com PRODUCER 10762287 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Illinois National Insurance Co 23817 ADP Total Source MI VII, LLC 10200 Sunset Drive INSURER 13: INSURER C: Miami, FL 33173 ALTERNATE EMPLOYER Allen Engineering Inc INSURER D: INSURER E: 106 Dixie Lane Cocoa Beach, FL 32931 INSURER F: COVERAGES CERTIFICATE NUMBER: 295467 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :4i'x : ti 2:i`r' 1i; A R::.' i;;:1;xL'). INSq LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICYEFFECTIVE DATE(MNVODrYYYYJ POLICY EXPIRATION DATE(MMIDDVY'fW) VMIT'S GENERAL LIABILITY EACH OCCURRENCE $ [3 COMMERrTAL GFNERALLIABILITY O CLAIMS MADE D OCCUR DAMAGE TO RENTED $ PREMISES (Ea occurrence) MED EXP (Any one person} $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGRECATE LIMIT APPLIES PER: PRODUCTS —COMP/OP AGG $ O POLICY C7 PROJECT 0 LOG $ AUTOMOBILE LIABILITY 17 ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILYINJURY $ (Per person) 13 ALL OWNED AUTOS O SCHEDULED AUTOS BODILY INJURY $ (Per accidenq 0 HIRED AUTOS CI NON OWNED AUTOS PROPERTY DAMAGE $ (Per accident) Q UMBRELLA LIAB OCCUR EACHOCCURRENCE $ E3 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 0 DEDUCTIBLE $ 0 RETENTION ¢ A WO RKE RS' COMPENSATION AN D EMPLOYERS' LIABILITY WC 058339950 FL 07/01/10 07101/11 0 w srATI E3 OTHER "' TORY LIMITS `\:;h :t::ti: j+: r::+S:: ri l •.•$2,000,000• E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXEGUTIVE OFFICER/MEMBER EXCLUDED? NIA ❑ E.L. DISEASE — EA EMPLOYEE $ $2,000,000 (Mardainin NH) If yes, desr lbs oder DESCRIPTION OF OPERATIONS below E.L. DISEASE—POLICY LIMIT $ $2,000,000 DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES (Anach ACORD 101, Additional Remarks Schedule, if more space Is required) All worksite employees working for the above named client company, paid under ADP TOTALSOURCE, INC: s payroll, are covered under the above staled policy. The above named client is an alternate employer under this policy. :;: ..: ..............: .: .....: ..: ....:....... r::r:-::::,... �;•: tea;;;•+x;:•::-:::;-::-:::;-:::::;.:-:;:: _:::•,• ::• :•,::. »�: ...,..\...............................:.....:.t.::::.,v.:::t ..,..;.........:.:,...........::::.:_:::::::::.::::,•:-::.,•:., •:: ,,, :,...,,..,...,,, ..:.......\.. ...... ......:................................................... City of Cape Canaveral `:i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE PO Box 326 `: THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Cape Canaveral, FL 32920 AUTHORIZED REPRESENTATIVE :`#1 n!iZYicr, lie isatici� ::.................:.............................:::::::.�:.�::::.:,�:::::::.:,•:,�:.,�.9$8+�7�1&:�!,COFEi�:Ct9fil�tl�A`Pft3N:o:1�Ehti The ACORD name and logo are registered marks of ACORD Client#- 8695 Al I ACORD- CERTIFICATE OF LIABILITY INSURANCE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 6/0812011'rrYY' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ISU Suncoast Insurance Assoc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. BOX 22668 Tampa, FL 33622-2668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 813 289-5200 INSURERS AFFORDING COVERAGE NAIC # INSURED Allen Engineering Inc. PO Box 321321 INSURERA: XL Specialty Insurance Company 37885 INSURER B: INSURER C: 106 Dixie Lane INSURER D: Cocoa Beach, FL 32932-1321 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE GATE JMW13DIM P01JCY EXPIRATION DATE MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR DAMAGE MISETO RENTED IceS MED EXP (Any one person) S PERSONAL & ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S POLICY jEG� F LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT � (Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S (Per person) HIRED AUTOS NON -OWNED AUTOS BODILY INJURY S (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO AUTO ONLY: AGG 5 EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S AGGREGATE $ OCCUR FICLAIMS MADE S S DEDUCTIBLE S RETENTION S WORKERS COMPENSATION AND WC STATU- OTH- TORY LIMITS EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S ANY PROPRIETORIPARTNERIEXECUTIVE E.L. DISEASE - EA EMPLOYEE S OFFICERIM EMBER EXCLUDED? If yes, describe under E.L. DISEASE - POLICY LIMIT I S SPECIAL PROVISIONS below A OTHER Professional DPR9685732 06/19/10 06/19/11 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Professional liability is written on a claims made and reported basis. I ANUMLLAI IUN lU Lra s Tor non -ra menz SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cape Canaveral DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ 311 DAYS WRITTEN P. O. Box 326 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Cape Canaveral, FL 32920 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AU ORU — REPRESENTATIVE V 07' A%;UKU Z9 (ZUU11Ut1) 1 Of 2 #S3225381M255289 - LWA © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGUKU 25-S (1UU1IUB) ..:Z- of 2 #S3225381M255289