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2009-29CONTINUING CONTRACT AND AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR PUBLIC WORKS PROJECTS THIS AGREEMENT is entered into as of this 13th day of October 2009, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, hereinafter referred to as "CITY" and CPH Engineers, Inc., whose address is 1117 E. Robinson Street, Orlando, Florida, hereinafter referred to as "CONSULTANT." WITNESSETH WHEREAS, the CITY is in need of qualified and licensed consulting engineering services related to various public works projects; WHEREAS, the CITY, in accordance with Section 287.055, Florida Statutes, solicited proposals as described and set forth in the Engineering Continuing Services Request for Qualifications; and WHEREAS, the ENGINEER submitted a proposal to provide said services and has represented to CITY that it is qualified and desires to perform said services in accordance with the terms and conditions contained herein, and all applicable law and professional standards; 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 1.1 This Agreement is to become effective upon execution by both parties, and shall remain in effect for a three (3) year term, unless terminated as provided for herein. Additionally, the parties agree that the term maybe extended upon mutual agreement for periods of one (1) year, but such option to extend may only be utilized three (3) times unless authorized by the City Council for additional extensions. 1.2 The term of any task authorization/work order, as described in Section 2 hereof shall be as set forth in such task authorization/work order, and all of the terms and conditions of this Agreement shall survive until completion of all task authorizations/work orders. 2.0 DESCRIPTION OF SERVICES 2.1 It is expressly understood and acknowledged that nothing herein shall obligate or guarantee to CONSULTANT any agreement or task authorization and CITY expressly reserves the right to exercise its option to issue any such agreements to any qualified firm or entity in accordance with all applicable laws, ordinances, policies and/or regulations. 2.2 The CITY shall make request of CONSULTANT to provide professional engineering and other related consulting services on a task basis. The CITY will communicate with CONSULTANT, verbally or in writing, a general description of the task to be performed. The CONSULTANT will generate a detailed Scope of Work document, prepare a Schedule, add anot-to-exceed-budget to accomplish the task, and send the developed "Task Proposal" to the CITY. If a site visit by CONSULTANT is needed to generate the scope document, CONSULTANT shall request approval prior to visiting the site. The CITY will review the proposal, and if the description is mutually acceptable, the parties will enter into a written "task authorization or work order". The Scope of Services generally to be provided by the CONSULTANT shall be as provided and contemplated by the CITY in that certain Engineering Continuing Services, Request for Qualifications and CONSULTANT'S response thereto, which are expressly incorporated herein and made a part hereof as if restated CONSULTANT shall not be authorized to proceed until the CITY has issued a Notice to Proceed to the CONSULTANT. Upon receipt of the signed Task Authorization and a Notice to Proceed from the CITY, the CONSULTANT shall perform the services set forth in the task authorization work order. 2.3 CONSULTANT shall provide CITY'S designated project manager with monthly time sheets or labor cost statements for services rendered during the preceding month. Each time sheet shall state the names and classifications of all personnel who performed services during said month under the task authorization, and the number of hours worked by each. 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 CONSULTANT. If such changes increase (additional services) or decrease or eliminate any amount of work, CITY and CONSULTANT will negotiate any change in total cost or schedule of modifications. ff the CITY and CONSULTANT approve any change, the task authorization/work order will be modified to reflect the changes; and CONSULTANT 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 CI'TY' S and CONSULTANT'S designated representatives. 3.2 All of CITY'S said task authorizations/work 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 CONSULTANT shall perform services in conformance with the mutually agreed upon schedule set forth in the negotiated task authorization. CONSULTANT shall complete all of said services in a timely manner and will keep CITY fully informed of the status of work on a reasonable basis in relation to the scope of the project or at least monthly. 2 Should CONSULTANT fall behind the agreed upon schedule, it shall employ such resources so as to comply with the agreed upon schedule at no additional cost to the CITY. 4.2 No extension for completion of services shall be granted to CONSULTANT without CITY'S prior written consent, except as provided in Sections 3.1 and 21.0 herein. 5.0 METHOD OF PAYMENT FOR SERVICES AND EXPENSES S.1 DEFINITIONS: 5.1.1 The "Consultant's Professional Services Fee Schedule" as set forth in Exhibit "A", attached hereto and incorporated herein, are used as a basis for payment for services pursuant to Paragraphs 2.0 and 3.0. These fee schedules shall include wages, salaries, taxes, insurance, overhead and profit. The hourly salary rates set forth in the Fee Schedule are firm for the initial term of the contract (3 years), but are subject to an equitable adjustment that is to be negotiated prior to the renewal of the Agreement. Any adjustments to the Fee Schedule must be mutually agreed to by the CITY and CONSULTANT. 5.1.2 The "Consultant's Reimbursable Expenses Schedule" as set forth in Exhibit "B", attached hereto and incorporated herein, as provided by the CONSULTANT, is used as the basis for payment for actual costs of all reimbursable expenses incurred in connection with the services rendered. Reimbursable expenses are limited to: printing, travel (not ordinary to the project) and the purchase of specialized software or equipment specific to the task authorization, which are directly in connection with the project and been pre- approved by the CITY. Said reimbursable expenses shall be passed through at a cost factor of 1.0. 5.1.3 The "Deliverables" are defined as plans, reports, findings, specifications, or anything else that is the end product or work performed by the CONSULTANT or the CITY. CONSULTANT shall, within such time constraints as may be set forth in the work order, submit to CITY the deliverables as identified in the work order; and CONSULTANT shall, upon completion of all work, submit to the CITY all information developed in the course of the consulting services. CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver to CITY all material furnished to CONSULTANT, provided the CITY identifies those materials in writing. 3 5.2 PAYMENT/COMPENSATION: CITY agrees to pay or compensate the CONSULTANT for the professional services performed on each task authorization/work order in accordance with one of the following methods, unless otherwise provided herein or in the task authorization work order. 5.2.1 Not to exceed cost based upon the "Consultant's Professional Services Fee Schedule." 5.2.2 Lump sum cost based upon the "Consultant's Professional Services Fee Schedule." 5.3 SERVICES-ADDITIONAL: CITY shall pay CONSULTANT as follows: 5.3.1 Professional Associates, CONSULTANTS and/or Subcontractors: For services and expenses of independent associates, CONSULTANTS and/or subcontractors employed by CONSULTANT, the amount invoiced to CONSULTANT times a factor of 1.0 for invoices to the CITY. 5.3.2 Expert Witness: For any litigation, arbitration or other legal or administrative proceeding for any time spent in preparation for such litigation, on the same basis as set forth in Paragraph 5.1 and 5.3.1 5.4 Times of Payments: At monthly intervals, CONSULTANT shall submit statements for services, additional services rendered and for reimbursable expenses incurred. The statements will be based upon CONSULTANT'S actual manpower expended and actual expenses incurred within the billing period. 5.4.1. As a condition precedent to receiving payment, CONSULTANT shall have been authorized to proceed by CITY, shall not be in default of any of the terms and conditions of this Agreement and shall provide to CITY an invoice. The invoice shall be forwarded to CITY, no more frequently than once per month, and signed by an authorized representative of CONSULTANT related to the applicable monthly installment payment. The invoice shall include a statement identifying the period for which it applies and the sub-tasks or portions thereof, completed by the specific task authorization/work order, and specifically set forth the percent of completion of each sub-task for which compensation is being requested. 5.4.2. All invoices submitted for compensation shall include a statement by CONSULTANT that states as follows: "This statement sets forth only actual time spent by the firm's employees and does not contain any unit billing, multipliers, or other devices that permit payment for more than actual time spent." 4 5.4.3. CITY shall pay all valid, approved, and undisputed invoices within thirty (30) days of receipt from CONSULTANT. In the event that CITY disputes any invoice submitted, it shall advise CONSULTANT, in writing, and said invoice shall not be deemed due and payable under this agreement. Neither the CITY'S review, approval or acceptance of, nor payment for, any services provided hereunder shall be construed to operate as a waiver of any rights under this Agreement and the CONSULTANT shall be liable to CITY for any and all damages to CITY caused by the CONSULTANT'S negligent or wrongful performance of any of the services furnished under this Agreement. 5.5 Other Provisions Concerning Payments: 5.5.1 In the event of termination by CITY under Section 19.0 during the performance of the services, payments due CONSULTANT up to the point of termination, including payments for services rendered, and all costs incurred shall constitute total payment for such services. 5.5.2 Records of CONSULTANT's Salary Costs and Expenses pertinent to CONSULTANT'S compensation under this Agreement will be kept in accordance with generally accepted accounting principles. These records will be made available to CITY for audit upon request by CITY. Copies will be made available to CITY on request prior to final payment for CONSULTANT'S services. 5.5.3 A separate invoice must be submitted for each individual task authorization. Invoices must show a breakdown of the number of hours worked by each person charging time to the task authorization, hourly salary cost and any reimbursable expenses. 6.0 RIGHT TO INSPECTION 6.1 CITY or its agents shall at all times have the right to review or observe the services performed by CONSULTANT. 6.2 No inspection, review, or observation shall relieve CONSULTANT of its responsibility under this Agreement. 7.0 PROGRESS MEETING CITY'S designated Project Manager may hold periodic progress meetings on a monthly basis, or more frequently, if required, during the term of any task authorization entered into under this Agreement. CONSULTANT'S Project Manager and all other appropriate personnel shall attend such meetings as designated by CITY'S Project Manager, and CONSULTANT shall be compensated at the billing rates set forth in Article 5.0 5 8.0 SAFETY 8.1 CONSULTANT agrees to comply with CITY'S published safety standards while on the property of CITY. 8.2 CONSULTANT shall have full responsibility and assume all liability for the safety and supervision of its employees while performing services provided hereunder. 9.0 REASONABLE ACCESS During the term of this Agreement, CITY shall grant CONSULTANT reasonable access to the CITY'S premises for purposes of fulfilling its obligations under this Agreement. 10.0 INSURANCE AND HOLD HARMLE5S/INDEMNIFICATION CONSULTANT shall maintain in force during the term of this Agreement, at its own expense, insurance as set forth as stated below and shall be bound by the terms of the Hold HarmlesslIndemnification provisions expressed therein. Workers' Compensation - as required by applicable state statute. Commercial General Liability - $1,000,000 per occurrence for bodily injury, including death and property damage and $2,000,000 in the aggregate. The General Liability policy shall include the commercial form, contractual liability and independent contractor's coverage. Automobile Liability - $1,000,000 combined single limit for bodily injury and property damage. The Automobile Liability policy shall include the business form, owned, hired and non-owned coverage. Professional Liability(E&O) - $1,000,000 each claim and in the aggregate. Property Coverage -Property coverage in limits sufficient to remedy the loss, and/or loss of use of, valuable papers and records, and any other property of the party utilized in connection with the City. The General Liability and Automobile Liability shall each contain an endorsement naming the City as an additional insured as to any liability arising out of insured party's performance pursuant to this agreement. The Worker's Compensation and Employer's Liability coverage shall contain an endorsement waiving subrogation as against the City. Indemnification -Consultant shall indemnify and hold harmless and defend the Client and its employees from any liability, settlements, loss or costs of any kind, whether actual or threatened, (including reasonable attorney's fees and cost of defense) to the extent caused by the negligent act, error or omission of CONSULTANT in the performance of services under this Agreement. 6 11.0 COMPLIANCE WITH LAWS AND REGULATIONS CONSULTANT shall comply with all requirements of federal, state and local laws, rules, regulations, standards, and/or ordinances applicable to the performance of this Agreement. 12.0 REPRESENTATIONS 12.1 CONSULTANT represents that the services provided hereunder shall conform to all requirements of this Agreement, Engineering Continuing Services Request for Qualifications and CONSULTANT'S response thereto; shall be consistent with recognized and sound professional engineering practices and procedures; and shall conform to the customary standards of care, skill, and diligence appropriate to the nature of the services rendered. 12.2 CONSULTANT represents that the 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. 12.3 Subject to the provisions of this Section, should CONSULTANT breach the warranties set forth herein, CITY shall have such remedies as may be provided at law or equity. 12.4 Without limiting the generality of the foregoing, if the CONSULTANT completes its services under any task authorization entered into hereunder, and the CONSULTANT'S services are non-complying, defective, or otherwise improperly performed and CITY notifies CONSULTANT in writing that a defect, error, omission or noncompliance has been discovered in CONSULTANT'S services, CONSULTANT shall, at the option of CITY: a) correctly re-perform such non-complying, defective, or otherwise improperly performed services at no additional cost to CITY; b) refund the amount paid by CITY attributable to such non-complying, defective or otherwise improperly performed services; or c) if CONSULTANT fails to take action under a) above, at CONSULTANT'S sole expense, otherwise cure or have cured any such non-complying, defective, or otherwise improperly performed services. 12.5 The only representations made by CONSULTANT are those expressly enumerated in this provision. Any other statements of fact or descriptions expressed in the Agreement or any attachments thereto, shall not be deemed to constitute a warranty of the work or any part thereof. 13.0 GUARANTEE AGAINST INFRINGEMENT CONSULTANT guarantees that all services provided under this Agreement shall be free from claims of patent, copyright, and trademark infringement. Notwithstanding any other provision of this Agreement, CONSULTANT shall indemnify and hold harmless CITY, its officers, directors, 7 employees, agents, assigns, and servants from and against any and all liability, including expenses, legal or otherwise, for actual infringement of any patent, copyright, or trademark resulting from the use of any goads, services, or other items provided under this Agreement. Notwithstanding the foregoing, CONSULTANT may elect to provide non-infringing services. 14.0 DOCUMENTS 14.1 Upon CITY'S or its designated Project Manager's request, at any time during the term of this Agreement or upon completion or termination of this Agreement, CONSULTANT shall provide CITY or its designated Project Manager with a copy of all documents and electronic files prepared by CONSULTANT under this Agreement or any Task Authorization hereunder. CITY understands that re-use of any documents for any other purposes, shall be at the CTTY'S own risk. 14.2 The parties acknowledge that the CITY is a Florida municipal corporation and subject to the Florida Public Records Law, therefore, to the extent applicable to it, CONSULTANT agrees to comply with the terms thereof with regard to any and all documents related to the CITY. 14.3 Drawings, specifications, reports, programs, manuals, calculations, supporting design documentation or other documents, including all documents on electronic media, provided by the CONSULTANT or their sub-consultants, prepared under this Agreement shall be come property of the CITY. Conformed documents, record documents and final written documents shall be provided electronically in a form specified by the CITY. The CITY agrees to release CONSULTANT from any liability that may result from the re-use of documents or modifications thereof, by the CITY or its representatives for any other purpose other than the original intent of this Agreement, without written authorization by the CONSULTANT. CONSULTANT will retain all common law, statutory, and other reserved rights, including the copyright thereto. 15.0 ASSIGNMENT 15.1 CONSULTANT shall not assign or subcontract this Agreement, any task authorization hereunder, or any rights or any monies due or to become due hereunder without the prior, written consent of CITY. 15.2 If, upon receiving written approval from CITY, any part of this Agreement is subcontracted by CONSULTANT, CONSULTANT 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 CONSULTANT who shall take immediate steps to remedy the situation. 8 15.4 If any part of this Agreement is subcontracted by CONSULTANT, prior to commencement of any work by the subcontractor, CONSULTANT shall require the subcontractor to provide CITY and its affiliates with insurance coverage as set forth by the CITY' S Human Resources Director/Risk Management. 16.0 INDEPENDENT CONSULTANT At all times during the term of the Agreement, CONSULTANT shall be considered an independent CONSULTANT. 17.0 CONFLICT OF INTEREST CONSULTANT shall not undertake any task on behalf of the CITY where CONSULTANT has a conflict of interest arising out of a part or present professional relationship with another client. The CONSULTANT shall notify the CITY in writing of any conflict of interest or potential conflict of interest should one arise. 18.0 DEFAULT If during the term of this Agreement, CONSULTANT shall be in default of any of the material provisions of this Agreement, CITY may suspend its performance hereunder until such delinquency or default has been corrected; provided, however that no suspension shall be effective unless and until CITY gives written notice of the default to CONSULTANT with at least ten (10) days to cure such default. If CONSULTANT fails to correct such delinquency or default within thirty (30) days of suspension by CITY, CITY may terminate this Agreement. 19.0 TERMINATION Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONSULTANT, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONSULTANT b) CONSULTANT is adjudged to be bankrupt; c) CONSULTANT makes a general assignment for the benefit of its creditors; d) CONSULTANT fails to comply with any of the conditions of provisions of this Agreement; ore) CONSULTANT 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 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 and accepted prior to the effective date of termination. 20.0 FORCE MAJEURE 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 9 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 circumstances of Force Majeure remain in effect for sixty (60) days, either party may terminate this Agreement. 21.0 GOVERNING LAW & VENUE This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue shall be Lake County, Florida, or the United States District Court in and for the Middle District of Florida. 22.0 HEADINGS Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 23.0 SEVERABILITY In the event any portion or part of 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 thereof shall otherwise be fully enforceable. 24.0 WAIVER AND ELECTION OF REMEDIES 24.1 Waiver by either party of any terms, condition, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 24.2 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 party hereto. 25.0 THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and CONSULTANT. 26.0 PROHIBITION AGAINST CONTINGENT FEES CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, 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 CONSULTANT, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 10 27.0 ENTIRE AGREEMENT Except as otherwise state, this Agreement, including the schedules, attachments, appendixes and exhibits attached hereto, constitutes the entire agreement between CITY and CONSULTANT with respect to the services specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 28.0 SOVEREIGN IMMUNITY Nothing contained in the Agreement shall be construed as a waiver of the CITY'S rights to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the CTTY'S potential liability under state or federal law. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 11 29.0 NOTICE Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: CITY: City Engineer City of Clermont 685 West Montrose Street Clermont, Florida 34711 CONSULTANT: David E. Mahler, P.E. CPH Engineers, Inc 1117 East Robinson Street Orlando, Florida 32801 Either party may change the name of the person receiving notices and the address at which notices are received by so advising the other party in writing. IN WTTNE5S WHEREOF, the parties have executed this Agreement on the date indicated below: CITY OF CLERMONT, FLORIDA CPH ENGINEERS, INC. DV. ST: (CORPORATE SEAL) 12 Sr. Principal $155 Sr. Project Manager $145 Project Manager $135 Senior Professional Engineer $130 Professional Engineer $125 Sr. Permit Coordinator/Manager $115 Sr. Engineering Manager $120 Engineering Manager $110 Sr. Design Engineer $105 Design Engineer EIT $100 Principal Traffic Engineer $145 Sr. Traffic Engineer Il $145 Sr. Traffic Engineer 1 $130 Traffic Engineer $125 Sr. Traffic Analyst $115 Traffic Analyst $100 Environmental Scientist Director $130 Senior Environmental Scientist $120 Environmental Scientist V $100 Environmental Scientist IV $90 Environmental Scientist 111 $$O Environmental Scientist 11 $70 Environmental Scientist 1 $65 Sr. GIS Analyst $100 GIS Specialist $75 Sr. Arborist $120 Principal Planner $145 Sr. Planner $125 Planner 1 $95 Planner $80 Principal Architect $145 Sr. Architect $135 Architect $115 Sr. Design Architect $100 Design Architect $90 Architect Coordinator $80 Principal Landscape Architect $145 Sr. Landscape Architect $120 Landscape Architect $100 Sr. Landscape Designer $95 Landscape Designer $80 Sr. Project Coordinator $95 Project Coordinator $85 Sr. Design Technician $100 Design Technician $90 Sr. CADD Technician $80 CADD Technician $75 CADD Operator $65 Administrative $70 Clerical 11 $55 Clerical 1 $35 Sr. Construction Manager $115 Construction Manager $100 Construction Field Representative 11 $95 Construction Field Personnel i $75 Principal Surveyor $140 Sr. Professional Surveyor $125 Professional Surveyor and Mapper $120 Field TechnicianlDesigner $100 Surveyor in Training $95 Survey Project Manager/CADD $95 Field Crew Coordinator $90 Survey Party Chief $70 Survey Instrument Man $80 Surveying Sr. CADD Tech $80 Surveying CADD Tech $70 Survey Crew (2 Man) $130 Survey Crew (Construction Staking - 2 Man) $155 Survey Crew (3 Man) $150 GPS (1 Man)lRobotics $125 GPS (2 Man) $160 1 Man ScannerlLaser Survey Grew $260 2 Man ScannerlLaser Survey Crew $285 Schedule of Reimbursable Charges Copies (68.W) Plots (BS.W) Mileage At Current IRS 8.5 x 11 $O.OS Each 11 X 17 $ 0.21 Each Rates 8.5 x 14 $0.1 O Each 12 X 18 $ 0.24 Each Phone At Cost 11 x 17 $0_20 Each 15 X 21 $ 0.35 Each Postage At Cost Outside Relmbursables At Cost 34 X 22 $ 0.83 Each Copies (Color) 24 X 36 $ 0.96 Each 8.5 x 11 $1,00 Each 30 X 42 $ 1.42 Each 8.5 x 14 $1.50 Each 36 X 48 $ 1.92 Each 11 x 17 $2.00 Each Billing and Reimbursable Plots (Color/Bond) Rates Are Subject To Periodic Review and Adjustment. Mylars 24 x 36 $36.00 Each Updated: April 21, 2008 24 x 36 $9.00 Each 30 x 42 $52.50 Each 32 x 42 $13.00 Each 36 x 48 $72.00 Each ['_lian}it• 519 w~+nu~~rr_r ACORD.M CERTIFICATE OF LIABILITY INSURANCE 09/22/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis of Florida, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4880 Newberry Road, Ste. 100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Gainesville, FL 32635-7400 352 378-2511 INSURERS AFFORDING COVERAGE NAIC # INSURED C H INSURER A: Hartford Insurance of the Southeast 38261 P Engineers, Inc. P O INSURER B: Firemans Fund Ins. Co. 21873 . . Box 2808 S f d FL 32 INSURER c: FGCI Insurance Co. 10178 an or , 772-2808 INSURER o: US Specialty Ins Co 29599 INSURER E: COVtKAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM D POLICY EXPIRATION DATE MMIDD LIMITS A X GENERAL LIABILITY 21 UUNIT8174 04/01/09 04/01/10 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $1 000 OOQ GENERAL AGGREGATE $2 000 000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $2 000 OQO POLICY X PRO LOC JECT A X AU TOMOBILE LIABILITY 21UUNIT8174 04/01/09 04/01/10 X ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X Comprehensive Ded: $1,000 X Collision Ded: $1,000 PROPERTY DAMAGE (Peracddent) $ GARAGE LU\BILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG $ B X EXCESS/UMBRELLA LIABILITY S0000082843061 04/01/09 04/01/10 EACH OCCURRENCE $5 000 000 X OCCUR ^ CLAIMS MADE AGGREGATE $5 OOQ 000 DEDUCTIBLE $ RETENTION $ Follows Form $ G WORKERS COMPENSATION AND ' 12510 01/01/09 01/01/10 ~( WCSTATU- OTH- EMPLOYERS LIABILITY ANY PROPRIETORlPARTNER/EXECUTIVE E.L. EACH ACCIDENT $1 000 000 OFFICERlMEMBER EXCLUDED? If d E.L. DISEASE - EA EMPLOYEE $1 000 000 yes, describe un er SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 D OTHER professional US091073905 04/01/09 04/01/10 $2,000,000 Per Claim Liability $2,000,000 Aggregate Retro 4/15/1986 $150,000 Retention DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS *except 10 day notice of cancellation for non payment of premium. ** Supplemental Name ** Sanford Fulton Holdings LLG; Ft Myers Holdings, LLC; CPH Holdings, LLC (See Attached Descriptions) City of Clermont 685 West Montrose St. Clermont, FL 34711 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL =3n* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE NIiVRV L.7 ILVV rrvo~ 7 of s #SZ84792/MZ76656 BWEED O 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. ^~~~-~ ~~-~ ~~~~ ~-~~, c of s ~szuaiaziM176656 DESCRIPTIONS (Continued from Page 1 j Re: Continuing Contract and Agreement for Professional Engineering Services for Public Works Projects. Certificate Holder is named as Additional Insured with regard to General and Automobile Liability coverages. A Waiver of Subrogation in favor of the Certificate Holder applies with regard to Workers Compensation coverage. AMS 25.3 (2001!08) 3 of 3 #S284792/M276656