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Airport - 2015 Continuing Engineering Svcs
NON-EXCLUSIVE AGREEMENT FOR CONTINUING PROFESSIONAL ENGINEERING PLANNING SERVICES FOR SEBASTIAN MUNICIPAL AIRPORT THIS AGREEMENT, entered into this L�_day of 0-0f, 2015 by and between CITY OF SEBASTIAN, a Florida municipal corporation, hereinafter referred to as the "CITY", and INFRASTRUCTURE CONSULTING & ENGINEERING, 6151 Lake Osprey Drive, Third Floor, Sarasota, FL 34230 "ENGINEER CONSULTANT" and also known herein as one of the "Continuing Consulting Services Firms". WITNESSETH That the CITY and the ENGINEER CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional engineering services by the ENGINEER CONSULTANT, and the payment for those services by the CITY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The ENGINEER CONSULTANT shall provide the CITY with professional engineering services and such other related services as defined in specific Work Orders, in all phases of each project unless specified otherwise. The ENGINEER CONSULTANT shall serve as the CITY'S professional representative for the project(s) as set forth in each Work Order, and shall give professional advice to the CITY during the performance of the services to be rendered and as to the fulfillment of project requirements. The ENGINEER CONSULTANT is retained by the CITY to perform these consulting services under this non-exclusive continuing contract with the CITY. SECTION I — SCOPE OF SERVICES The Scope of Services shall be identified in individual Work Orders prepared by the ENGINEER CONSULTANT and approved by the CITY. Each Work Order will be sequentially numbered and initiation of work thereunder shall be subject to a Notice -to -Proceed being issued by CITY. Basic services required of the ENGINEER CONSULTANT for the project will be described in other appropriate sections of this Agreement and in individual Work Orders. SECTION II - CITY OBLIGATIONS The CITY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the ENGINEER CONSULTANT with a copy of any pertinent preliminary data or reports available to the CITY. B. Provide the ENGINEER CONSULTANT with all available drawings, surveys, right-of-way maps, and other documents in the possession of the CITY that are pertinent to the project. C. The CITY shall be responsible for obtaining only those permits delineated in the individual Work Orders, or those required to complete the project only if such permit requirements are made into law and established by regulatory agencies after the effective date of the Work Order. D. The CITY shall make all provisions for the ENGINEER CONSULTANT to enter upon public or private property as reasonably required for the ENGINEER CONSULTANT to perform its services. E. The CITY will promptly execute all completed permit applications necessary to expedite the acquisition of any local, state or federal permits made necessary by the project. SECTION III - CITY'S ALLOTMENT OF PROJECT WORKLOAD TO THE SELECTED CONTINUING CONSULTING SERVICE FIRMS The CITY shall, in its sole discretion, distribute the project workload among the selected Continuing Consulting Services Firms as the CITY sees fit. The CITY'S decision may be based on project type, project continuity, available man-hours assigned to CITY projects by the selected Continuing Consulting Services Firms, and/or special expertise or knowledge possessed by one of the Continuing Consulting Services Firm that may be pertinent to the particular project, inter alfa. ENGINEER CONSULTANT shall have no right to appeal or challenge the CITY'S decision(s) regarding distribution of work. SECTION IV - SCOPE OF SERVICES The ENGINEER CONSULTANT agrees to perform all necessary professional engineering services, project design services, construction phase services, design -build services, and/or other services in connection with the assigned project(s) as required and as set forth in the following: A. General 1. The ENGINEER CONSULTANT will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed, the ENGINEER CONSULTANT shall consult with the CITY to clarify and define the CITY'S requirements for the project(s) and review all available data. 2. The ENGINEER CONSULTANT shall attend conferences with the CITY and its representatives, upon request. 3. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement, the ENGINEER CONSULTANT shall observe the following requirements: a. The ENGINEER CONSULTANT shall complete its work on the project(s) within the time allowed by maintaining an adequate staff of registered engineers, certified operators, draft person(s), and other employees and/or sub consultants on the work at all times. b. The ENGINEER CONSULTANT shall comply with all federal, state, and local laws applicable to the project(s). The ENGINEER CONSULTANT'S work product shall conform with all applicable federal, state and local laws applicable to the project(s). C. The ENGINEER CONSULTANT shall prepare and complete all necessary sketches, permit application drawings, calculations, and application forms to accompany the CITY'S applications for any required federal, state, or local permits. The ENGINEER CONSULTANT shall reply to all permitting agency's requests for additional information related to a permit application. d. The ENGINEER CONSULTANT shall cooperate fully with the CITY in order that all phases of the work may be properly scheduled and coordinated. e. The ENGINEER CONSULTANT shall provide the appropriate quantities of complete preliminary sets of construction plans to any city, county, state or federal regulatory agency from which a permit or other approval is required, prior to final approval of the design by the CITY MANAGER or his/her designate, and shall coordinate the project design with all agencies. f. The ENGINEER CONSULTANT shall contact all utility companies having installations in the vicinity of the proposed work to determine accurate locations and consider relocation of utilities, if necessary. The ENGINEER CONSULTANT shall provide the CITY with all known information relative to any required utility adjustments, relocations and installations, and shall show all known above and below ground utilities on the final design plans. g. The ENGINEER CONSULTANT shall report the status of the project(s) to the CITY MANAGER or his/her designee upon request and hold all drawings, calculations, and related work open to the inspection of the CITY MANAGER or his/her authorized agent at any time, upon reasonable request. h. Unless otherwise specified, the ENGINEER CONSULTANT shall be considered the Engineer -of -Record for the project(s) in accordance with all legal and administrative requirements and criteria 4. The ENGINEER CONSULTANT shall furnish additional copies of reports, drawings, specifications, bidding and construction contract documents, and other pertinent items as required by federal, state and local agencies from which approval of the project(s) must be obtained, prospective bidders, material suppliers, and other interested parties, but may charge only for the actual cost of providing such copies. The ENGINEER CONSULTANT shall furnish to the CITY the necessary number of sets of the drawings, bidding and construction contract documents, specifications, reports, and other pertinent items as set forth in individual Work Orders. The cost of these sets of documents are not included in the basic compensation paid to the ENGINEER CONSULTANT, but will be paid as a direct expense. All original documents, survey notes, field books, tracings, and the like, including all items furnished to the ENGINEER CONSULTANT by the CITY pursuant to this Agreement, are and shall remain the property of the CITY, and shall be delivered to the CITY upon completion of the work or at any time upon request. All items prepared by the ENGINEER shall be created, maintained, updated, and provided in the format as specified by the CITY. 5. All construction drawings prepared by the ENGINEER CONSULTANT shall be of sufficient detail to permit the actual location of the proposed improvements on the ground by a third party (i.e. the third party shall be able to accurately locate the proposed improvements on the ground using only the information contained in the ENGINEER CONSULTANT'S drawings). 6. The ENGINEER CONSULTANT acknowledges that preparation of all applicable permits for the CITY'S submittal to governmental regulatory agencies, and the ENGINEER CONSULTANT'S written responses to all regulatory agencies' questions, are included within the scope of basic compensation in each particular Work Order. Any additional work required by regulatory agencies which establish such regulations after the effective date of the particular Work Order, shall be an additional service, and the CITY shall compensate the ENGINEER CONSULTANT in accordance with Section VII - "Additional Work," of this Agreement, and in accordance with the fee schedule in an approved Work Order. Approval by the CITY shall be required prior to commencement of any additional work. 7. If the CITY proposes to construct the improvements in a phased manner, the ENGINEER CONSULTANT shall prepare detailed master plan drawings as required by the applicable Work Order. 8. Compensation to the ENGINEER CONSULTANT for basic services shall be in accordance with each Work Order, as mutually agreed upon by the ENGINEER CONSULTANT and the CITY. A schedule of approved hourly billing rates is included in "Exhibit A" attached, and will be included as part of each Work Order when approved. SECTION V - TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION VI—COMPENSATION The CITY agrees to pay, and the ENGINEER CONSULTANT agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: A. Professional Services Fee The basic compensation shall be mutually agreed upon by the ENGINEER CONSULTANT and the CITY prior to issuance of each Work Order and the amount shall be included in the Work Order to be formally approved by the CITY. B. Direct Payment for Additional Services The CITY agrees to pay on a direct basis for services or goods provided by others working in conjunction with the ENGINEER CONSULTANT, as follows: 1. Printing and Reproduction. The CITY shall make direct payment to the ENGINEER CONSULTANT for the cost of printing project plan sheets required for utility coordination. The maximum cost allowed per blueprint, mylar, sepia, and/or other media utilized for this purpose shall be set forth in the Work Order. 2. CITY does not foresee nor intend paying ENGINEER CONSULTANT any travel expenses under this Agreement. Any such payment shall not be made except as specifically authorized in extraordinary circumstances by prior approval of the CITY and, in any such case, bills for any travel expenses shall be submitted in accordance with the CITY travel policy as adopted by Resolution. SECTION VII - ADDITIONAL WORK Additional work occurs when the CITY requests changes after it has formally approved a Work Order. Additional work shall not commence until a further Work Order for the additional work has been formally issued by the CITY, and the additional work shall be performed in accordance with the fee schedule set forth in that Work Order. SECTION VIII—PAYMENTS The CITY shall make monthly partial payments to the ENGINEER CONSULTANT as provided for in the Work Order. Unless otherwise stated in the Work Order, the ENGINEER CONSULTANT shall submit duly certified monthly invoices to the CITY MANAGER or his/her designee or such City Staff or City Representative as designated by the CITY MANAGER. The Agreement shall be divided into units of deliverables, which shall include, but not be limited to, reports, findings, drawings, and drafts, that must be received and accepted by the CITY MANAGER or his/her designee prior to payment. SECTION IX - RIGHT OF DECISIONS All services shall be performed by the ENGINEER CONSULTANT to the satisfaction of the CITY MANAGER or his/her designee who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The CITY MANAGER or his/her designee's decision upon all claims, questions, and disputes shall be final, conclusive, and binding. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the CITY MANAGER or his/her designee, and require that a Change Order (a further Work Order) be processed in accordance with the CITY'S legal and administrative procedures. If the ENGINEER CONSULTANT does not concur in the judgment of the CITY MANAGER or his/her designee as to any decisions made by him/her, it shall present written objections to the City Manager, who shall make a decision, and the ENGINEER CONSULTANT shall abide by the City Manager's decision. SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright Ownership and copyright of all reports, tracings, plans, specifications, field books, survey information, maps, contract documents, and other data developed by the ENGINEER CONSULTANT pursuant to this Agreement, shall be vested in the CITY. Said materials shall be made available by the ENGINEER CONSULTANT at any time upon request of the CITY. On or before the tenth day after all work contemplated under a Work Order is complete, all of the above materials shall be delivered to the CITY MANAGER or his/her designee. B. Reuse of Documents All documents, including but not limited to reports, drawings and specifications, prepared by the ENGINEER CONSULTANT pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the CITY or others on extensions of this project or on any other project. The CITY'S reuse of any document or drawing shall be at the CITY'S own risk. SECTION XI - NOTICES Any notices, reports or other written communications from the ENGINEER CONSULTANT to the CITY shall be considered delivered when posted by certified mail or delivered in person to the CITY MANAGER or his/her designee. Any notices, reports or other communications from the CITY to the ENGINEER CONSULTANT, shall be considered delivered when posted by certified mail to the ENGINEER CONSULTANT at the last address left on file with the CITY or delivered in-person to said ENGINEER CONSULTANT or its authorized representative. Any notices in either direction made by email transmittal shall be considered delivered as of the time of transmittal upon confirmation of the receipt of such email transmittal. SECTION XII — TERMINATION Either party may terminate this agreement upon seven (7) days' written notice to the other party, except that in the event ENGINEER CONSULTANT terminates this agreement such termination shall not be effective, absent the CITY'S consent, until ENGINEER CONSULTANT'S completion, to the CITY'S satisfaction, of any pending Work Order. SECTION XIII - AUDIT RIGHTS The CITY reserves the right to audit the records of the ENGINEER CONSULTANT related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made. SECTION XIV — SUBLETTING / OUTSOURCING / TRANSFER The ENGINEER CONSULTANT shall not sublet, assign, outsource or transfer any work under this Agreement without the written consent of the CITY. When applicable and upon receipt of such consent in writing, the ENGINEER CONSULTANT shall cause the names of the engineering and/or surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. Any such assignment / outsourcing shall not release the ENGINEER CONSULTANT from its role, duties, responsibilities, and obligations as Engineer -of -Record for the project work performed. SETION XV — WARRANTY The ENGINEER CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the ENGINEER CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the ENGINEER CONSULTANT any fee, commission, percentage fee, gift(s) or any other consideration(s), contingent upon or resulting from the award or making of this Agreement. For the ENGINEER CONSULTANT'S breach / violation of this warranty, the CITY shall have the right to annul this Agreement without liability. SECTION XVI - DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of three years after the date of execution thereof, or until completion of all project phases as defined by the CITY MANAGER or his/her designee, whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section XII. This Agreement may be extended for a period of two additional years at the discretion of the CITY. SECTION XVII — INSURANCE At least ten days prior to commencement of the first work authorization, ENGINEER CONSULTANT shall provide the CITY with a certificate of insurance from a company rated A+ VII or better, per the Best's Key Rating Guide for the following: 1) Worker's Compensation — Coverage to apply to all employees for Statutory Limits in compliance with the applicable state and federal laws. In addition, the policy must include Employer's liability with a limit of $1,000,000 each accident and disease. 2) Commercial General Liability — Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy, on an occurrence basis, filed by the Insurance Services Office and must include: Minimum limits of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Premises and Operations. Independent Contractors Products and completed Operations — Consultant shall maintain in force until at least five (5) years after completion of all services required under the Contract, coverage for products and completed operation. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 3) Business Auto Policy — Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: Minimum limits of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Owner Vehicles Hired and Non -Owned Vehicles. 4) Professional Liability — The Consultant shall maintain a professional liability insurance policy in the amount $1,000,000 during the term of this Contract. Such coverage shall be maintained for a period of five (5) years following completion and acceptance of any work performed under this agreement. In the event the Consultant fails to secure and maintain such coverage, Consultant shall be deemed the insurer of such professional liability insurance and shall be responsible for all damages suffered by the City as a result thereof, including attorney's fees and costs. In the event an atypical large-scale project is proposed, the individual work order for the project may designate that a higher liability policy be obtained. 5) Additional Insured — The City is to be specifically included as an additional insured. Consultant's insurance including that applicable to the City as an Additional Insured shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute with Consultant's insurance. Consultant's insurance shall contain a severability of interest provision, providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured in the same manner as if separate policies had been issued to each. 6) Notice of Cancellation and/or Restriction — Each policy must be endorsed to provide the City with a minimum of forty-five (45) days notice of cancellation and/or restriction. 7) Certificates of Insurance — Certificates of insurance evidencing the Insurance coverage specified in this section shall be filled with the City before operations are begun. The required certificates of insurance shall name the types of policies provided. If the initial insurance expires prior to the completion of the work, renewal certificates of insurance and required copies of policies shall be famished thirty (30) days prior to the date of their expiration. SECTION XVIII — INDEMNIFICATION The ENGINEER CONSULTANT shall Indemnify and hold harmless the CITY, and the CITY'S officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ENGINEER CONSULTANT and other persons employed or utilized by the ENGINEER CONSULTANT in the performance of this contract agreement. The CITY shall Indemnify and hold harmless the ENGINEER CONSULTANT, and the ENGINEER CONSULTANT'S officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the active negligence, recklessness, or intentionally wrongful conduct of the CITY and other persons employed or utilized by the CITY in the performance of this contract. SECTION XIX — SAFETY The ENGINEER CONSULTANT is responsible for safety training for the ENGINEER CONSULTANT'S employees and their activities on the CITY'S property and construction sites. However, in accordance with generally accepted practices, the ENGINEER CONSULTANT may report any observed job site safety violations to the CITY. SECTION XX - CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract Agreement shall be in Indian River County, Florida, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. The parties hereto specifically waive any and all rights to trial by jury. SECTION XXI - ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XXII – SEVERABILITY In the event any provision, section, or paragraph of this agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or unenforceable, shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed these presents this,/P6–day of I(IdV ATT S (SEAL):_ < Sally A. Ma' , CMC City CleOC Approved as to form and legality for reliance by the City of Sebastian only: THE CITY OF S BASTIAN By: ^^— Josep Griffin ity Manager R614ert A. Ginsburg, City Attorney FOR ENGINEER CONSULTANT: Infrastructure Consulting & Engineering L� k&—' Attest: (seal) AMBM B. ANDERSON MY COMMISWN X FFmoia EXPIRES Segembw 07 2019 ia7iiie. 163 By. Title:yi c� �res dCn C Infrastructure Consulting and Engineering, PLLC Salary Rates- 2016 Exhibit "A" v INFRASTRUCTURE 1'Mt Itl\GIf ILI\If FI\G Classification Burdened Contract Rate Principal $225 Senior Project Manager $195 Project Manager $175 Senior Engineer $175 Engineer $150 Senior Designer $120 Designer $90 Cad Technician $75 Construction Manager $120 Construction Inspector $80 Administrative $55 ``CC>R b® CERTIFICATE OF LIABILITY INSURANCE llisi2o15n 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(les) 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 KeenanSuggsPNONE 1330 Lady Street Columbia SC 29201 CONTACT Michelle Goodwin NAME (803)799-5533 FAX Net,(803)771-0166 MAILCS :mgoodwin@keenansuggs.com 'Do INSURERS AFFORDING COVERAGE NAIC If INSURER A:Travelers PropertV Casualty Co 25674 INSURED Infrastructure Consulting 6 Engineering PLLC 1021 Briargate CircleINSURER Columbia SC 29210 INSURERB:Phoenix Insurance CO 25623 INSURERCArch Insurance Cc 11150 INSURER D: E: INSURER F: COVERAGES CERTIFICATE NUMBER2015-16 MASTER 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. ?NSR TMMlDDNYYYI TYPE OF INSURANCE ADOL UBR pOUCY NUMBER MNOVODUY� PO IC EXP OMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL UABIUTY I CLAIMS -MADE ❑X OCCUR X 63026750322 /6/2015 9/6/2016 ED— PREMISE nEa N occurrence) 5 100,000 MED EXP (Any one person) S 5,000 PERSONAL B ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEHL AGGREGATE LIMIT APPUES PER: PRODUCTS - COMPIOP ADD S 2,000,000 $ PoUCY X PRO- LOC .IFCT17 AUTOMOBILE LIABILITY EOMBINdEeDI SINGLE LIMIT 1,000,000 BODILY INJURY(Per person) S B JX ANY AUTO ALL OWNED SCHEDULED AlIT05 NON -OWNED HIRED AUTOS X AUTOS 102G762787 /6/2015 9/6/2016 BODILY INJURY(Per accident) S PROPERTY DAMAGEUTOS Perrecleanl S Underinsured motorist S 1 000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000,000 AGGREGATE S 5,000,000 A EXCESS UAB CLAIMS -MADE DED I X I RETENTIONS 10,00C $ I ICUP5885114641 9/6/2015 /6/2016 A WORKERS COMPENSATION AND EMPLOYERS' UABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERlialiER EXCLUDED? (Mandatory In NH) NIA 26779721 /6/2015 /6/2016 X WC STATU. OTH- EL EACH ACCIDENT S 500,000 EL. DISEASE - EA EMPLOYEE S 500,000 E.L. DISEASE -POLICY LIMIT S 500,000 H yes. desalbe uater DESCRIPTION OF OPERATIONS below C Professional Liability PAAEP0005600 9/6/2015 /6/2016 Limit Each Claim $5,000,000 A Leased/Rented Equipment 63026750322 /6/2015 /6/2016 Unit $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule. If more space is required) City of Sebastian, FL Attn: Joseph Griffin 1225 Main Street Sebastian, FL 32958 Acnon a Igndn/ncI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Foy/MSG INRn25 r?nlnne. n, Tho A cnwn ...,.re a.W 1n .n am ru,.lesnreH ....rL...F Acnwn All rinhls rce;Pmad. COMMENTS/REMARKS CERTIFICATE HOLDER IS SHOWN AS ADDITIONAL INSURED REGARDING THE GENERAL LIABILITY AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY AS STATED IN POLICY ENDORSEMENT FORM AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. 45 DAY CANCELLATION CLAUSE BEING ENDORSED ON EACH POLICY FOR THIS CERTIFICATE HOLDER AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. I OFREMARK COPYRIGHT 2000, AMS SERVICES INC. I COMMERCIAL GENERAL LIABILITY ule by limits. Under this method, each in- surer's share is based on the ratio of its appli- cable limit of insurance to the total applicable limits of insurance of all insurers. S. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rales. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will com- pute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premi- ums is the date shown as the due date on the bill. If the sum of the advance and audit pre- miums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium compu- tation, and send us copies at such times as we may request. S. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon represen- tations you made to us; and c. We have issued this policy in reliance upon our entations. Separation Of Insureds e imits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit' is brought. 8. Transfer Of Rights Of Recovery Against Oth- ers To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The in- sured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, prcof of mailing will be suffi- cient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement' means a notice that is broadcast or published to the general public or specific mar- ket segments about your goods, products or ser- vices for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web -sites, only that part of a web- site that is about your goods, products or ser. vices for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, in- cluding any attached machinery or eauipment. But "auto" does not include "mobile equipment'. 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possesslons). Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or C. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above: (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that lake place through the Internet or similar electronic means of communica. tion Page 12 of 16 © ISO Properties Inc., 2000 CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury" and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent ads or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: plies only to such "bodilyinju -L-or property dam aee" that occurs a are the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy pe7iatY- wn Ic everts 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III — Limits Oflnsurance. d. This insurance does not apply to the render- ing of or failure to render any "professional 3. services" or construction management errors or omissions. e. .This insurance does not apply to "bo diLtiin- and included in The insurance provided to the additional insured is excess over any valid and collectible "other-in- suran e , whether primary, excess conlinn -ne t or on any other basis, that is available to the addi- lional insured for a loss we cover. However, if you specifics y agree In the "written contract requiring insurance a Is Insurance rovided to the ad- itional insured under this Coveraqe Part rnmt sured which covers that person or oroanizalion as we cess over any valid and collectible "other insur- ance", w e er primary, excess, conlinoent or on insured when that erson or orgamza Ron is an ad Tonal Insured under any "other insurance". The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tionalinsured: completed opera Ions aza un ess the a. The additional insured must give us written "written contract requmng insurance spec) I- notice as soon as practicable of an "occur - ca y r quires you o prove a suc coverage rence" or an offense which may result in a ata ditiona Insure an a r- claim. To the extent possible, such notice ance provided to the additional insured ap- should include: CG D4 14 04 08 © 2008 The Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense look place; if. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must lender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 Fj 2008 The Travelers Companies, Inc. 008390 CG D4 14 04 08 COMMERCIAL GENERAL LIABILITY e. Damages because of "bodily injury" include damages claimed by any person or organiza- tion for care, loss of services or death result- ing at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury" resulting from the use of reasonable force to protect persons or property. nrfual l iah� i i "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have In the ab- sence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" oc- curs subsequent to the execution of the contract or agreement. Solely for the pur- poses of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bod- ily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract": and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute resolution proceeding in which dam- ages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of, (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, sell- ing, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unem- ployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the Insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the con- duct of the insured's business; or (2) The spouse, child, parent, brother or sis- ter of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- irad'. f. Pollutfon (1) "Bodily injury" or "property damage" aris- ing out of the actual, alleged or threat. ened discharge, dispersal, seepage, mi- gration, release or escape of "pollutants": (a) At or from any premises, site or loca- tion which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (f) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot from equip• ment used to heat that building; (ff) "Bodily injury" or "property dam- age" for which you may be held liable, if you are a contractor and the owner or lessee of such Page 2 of 16 © ISO Properties Inc., 2000 CG 00 01 10 01 provided the insured's responsibility to pay dam- ages is determined in a "sufl" on the merits, in the territory described in a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. 7. "Hostile fire" means one which becomes uncon- Iroliable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, defi- cient, inadequate or dangerous; or b. You have failed to fulfill the terms of a con- tract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or re- moval of "your product" or "your work"; or b. Your fulfilling the terms of the contract or COMMERCIAL GENERAL LIABILITY damage" to a third person or organization. Tort liability mean: a liability that would be imposed by law in the absence of any con- tract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily in- jury" or "property damage" arising out of construction or demolition operations, Within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the pri- mary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10. "Leased worker" means a person leased to you by a labor leasing firth under an agreement be. tween you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker'. 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where if is accepted for movement into or onto an air- craft, watercraft or "auto": b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, wa. tercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical CG 00 01 10 01 ® ISO Properties Inc., 2000 ooa3a7 Page 13 of 16 agreement. 9. "Insured contract" means: —_ a. A contract for a lease of premises. However, �= that portion of the contract for a lease of premises that indemnifies any person or or- ganization for damage by fire to premises ,= while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition -_ operations an or within 50 feet of a railroad; d. An obligation, as required by ordinance, to in- demnify a municipality, except in connection ,= with work for a municipality; o= e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property COMMERCIAL GENERAL LIABILITY damage" to a third person or organization. Tort liability mean: a liability that would be imposed by law in the absence of any con- tract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily in- jury" or "property damage" arising out of construction or demolition operations, Within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the pri- mary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10. "Leased worker" means a person leased to you by a labor leasing firth under an agreement be. tween you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker'. 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where if is accepted for movement into or onto an air- craft, watercraft or "auto": b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, wa. tercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical CG 00 01 10 01 ® ISO Properties Inc., 2000 ooa3a7 Page 13 of 16 I � INFRASTRUCTURE CONSULTING & ENGINEERING November 6, 2015 Ms. Jean M. Tarbell Executive Assistant City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Continuing Professional Engineering / Planning Services for Sebastian Municipal Airport Dear Ms. Tarbell; Thank you for selecting Infrastructure Consulting and Engineering, PLLC, for the three year Non - Exclusive Continuing Professional Services contract. Enclosed please find two partially executed agreements, a rate sheet, and a certificate of insurance for your use. We are all very excited about the opportunity to continue our professional relationship with the City of Sebastian and look forward to working with the City staff on the important projects associated with the upcoming airport capital improvement program. Sincerely; Infr tructure Cons ing and Engineering, PLLC Doug Hambrecht, P.E. Vice President cc: Glen Lott, Elham Farzam, Dave Goode (ICE) 4830 W. Kennedy Blvd., Suite 600 1 Tampa, Florida 33609 1 vn Jce-eng.com An Equal opportunity Employer