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HomeMy WebLinkAbout2004 Non-Exclusive Professional Engineering AgreementNON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES FOR STORMWATER ENGINEERING THIS AGREEMENT, entered into this (day o6004 by and between CITY OF SEBASTIAN, a Florida municipal corporation, hereinafter referred to as the "CITY", and WCG/Neel-Schaffer, Inc., 2145 14"' Avenue, Suite 24, Vero Beach, FL 32960 hereinafter referred to as the "ENGINEER" and also known herein as one of the "Continuing Consulting Services Firms". WITNESSETH That the CITY and the ENGINEER, in consideration of their mutual covenants, herein agree with respect to the performance of professional stormwater engineering services by the ENGINEER, 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 shall provide the CITY with professional stormwater engineering services and such other related services as defined in specific Work Orders, in all phases of each project. The ENGINEER shall serve as the CITY'S professional representative for the project 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 the Sebastian Stormwater Master Plan. The ENGINEER 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 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 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 with a cop), of any pertinent preliminary data or reports available to the CITY. B. Provide the ENGINEER 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 to enter upon public or private propem as reasonably required for the ENGINEER to perform his 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 WORICLOAD TO THE SELECTED CONTINUING CONSULTING SERVICE FIRMS The CITY shall, in its sole discretion, distribute the project workload among the selected Continuing Consulting Services Finns 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. fair and reasonable pricing, and special expertise or knowledge possessed by one of the Continuing Consulting Services Firms that may be pertinent to the particular project. inter alia. ENGINEER shall have no right to appeal or challenge the CITY's decision regarding distribution of work. SECTION IV - SCOPE OF SERVICES The ENGINEER agrees to perform all necessary professional engineering services, project design services, construction phase services, and other services in connection with the assigned project as required and as set forth in the following: A. General 1. The ENGINEER 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 shall consult with the CITY to clarify and define the CITY's requirements for the project and review all available data. 2. The ENGINEER 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 shall observe the following requirements: a. The ENGINEER shall complete his work on the project within the time allowed by maintaining an adequate staff of registered engineers, certified operators, draftsmen, and other employees on the work at all times. b. The ENGINEER shall comply with all federal, state, and local laws applicable to this project(s). The ENGINEER'S wort: product shall conform with all applicable federal, state and local laws applicable to this project(s). C. The ENGINEER shall prepare all necessary sketches, permit application drawings, and complete all application forms to accompany the CITY's applications for any required federal. state, or local permits. The ENGINEER shall reply to all permitting agency's requests for additional information related to a permit application. d. The ENGINEER shall cooperate fully with the CITY in order that all phases of the work may be properly scheduled and coordinated. e. The ENGINEER shall send 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 ENGINEER or his designate, and shall coordinate the project design with all agencies. f. The ENGINEER shall contact all utility companies having installations in the vicinity of the proposed work and consider relocation of utilities, if necessary. The ENGINEER 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 shall report the status of this project to the CITY ENGINEER upon request and hold all drawings, calculations, and related work open to the inspection of the CITY ENGINEER or his authorized agent at any time, upon reasonable request. 4. The ENGINEER shall furnish additional copies of reports, drawings, specifications, bidding and construction contract docurnents, and other pertinent items as required by federal, state and local agencies from which approval of the project 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 shall furnish to the CITY the necessary number of sets of the drawings. biddinL, 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. 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 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 me work. 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 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'S drawings). 6. The ENGINEER acknowledges that preparation of all applicable permits for the CITY's submittal to govemniental regulatory agencies, and the ENGINEER'S written responses to all regulatory agencies' questions, are included within the scope of basic compensation in each particular Work Order. Any additional wort: 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 in accordance with Section VII - "Additional Work," of this Agreement. and in accordance with the fee schedule in an approved Work Order. Approval b,,- 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 shall prepare detailed master plan drawings as required by the Work Order. S. Compensation to the ENGINEER for basic services shall be in accordance with each Work Order, as mutually agreed upon by the ENGINEER and the CITY. Schedule of current hourly billing rates are included in "Eyhibit 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 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 and the CITY prior to issuance of each Work Order and the amount shall be included in the Work Order to be formall}; approved by the CITY. B. Direct Pavment 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_ as follows: 1. Printing and Reuroduction. The CITY shall make direct payment to the ENGINEER for the cost of printing project plan sheets required for utility coordination. The maximum cost allowed per blueprint. mylar, or sepia utilized for this purpose shall be set forth in the Work Order. 2. 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 conunence until a Change 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 as provided for in the Work Order. Unless otherwise stated in the Work Order. the ENGINEER shall submit duly certified monthly invoices to the CITY ENGINEER. The Agreement shall be divided into wilts of deliverables, which shall include_ but not be limited to_ reports, findings, drawings. and drafts, that must be received and accepted in writing by the CITY ENGINEER prior to payment. SECTION IX - RIGHT OF DECISIONS All services shall be performed by the ENGINEER to the satisfaction of the CITY ENGINEER 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 ENGINEER's decision upon all claims, questions, and disputes shall be final, conclusive, and binding as to questions of a technical nature. 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 ENGINEER , and require that a Change Order be processed in accordance with the CITY's legal and administrative procedures. If the ENGINEER does not concur in the judgment of the CITY ENGINEER as to any decisions made by him or her, it shall present written objections to the City Manager_ who shall make a decision, and the ENGINEER 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 pursuant to this Agreement. shall be vested in the CITY. Said materials shall be made available by the ENGINEER 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 ENGINEER. B. Reuse of Documents All docwnents, including but not limited to reports, drawings and specifications, prepared by the ENGINEER pursuant to this Agreement, are related exclusively to the services described herein. Thee 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 coinrnunications from the ENGINEER to the CITY shall be considered delivered when posted by certified mail or delivered in person to the CITY ENGINEER. Anv notices. reports or other communications from the CITY to the ENGINEER, shall be considered delivered when posted by certified mail to the ENGINEER at the last address left on file with the CITY or delivered in -person to said ENGINEER or its authorized representative. SECTION XII - TERMINATION Either part), may terminate this agreement upon seven (7) days' written notice to the other parry, except that in the event ENGINEER terminates this agreement such termination shall not be effective_ absent the CITY's consent, until ENGINEER'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 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 The ENGINEER shall not sublet, assig-i, or transfer any wort: under this Agreement without the written consent of the CITY. When applicable and upon receipt of such consent in writing, the ENGINEER shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SETION XV - WARRANTY The ENGINEER warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the ENGINEER, 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 any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this Agreement. For the ENGINEER's breach of 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 five years after the date of execution thereof, or until completion of all project phases as defined by the CITY ENGINEER, 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 shall provide the CITY with a certificate of insurance from a company rated A+ VII or better, per the Besfs Key Rating Guide for the following: 1) Workers Compensation — Coverage to apply to all employees for Statuton, Limits in compliance with the applicable state and federal laws. In addition, the policy must include Employers liability with a limit of $1,000,000 each accident and disease. 2) Commercial General Liability — Coverage must be afforded on a fonn no more restrictive than the latest edition of the Commercial General Liabilit}' Policy, on an occurrence basis, filed by the Insurance Services Office and must include: a. Minimum limits of $1.000,000 per occurrence combined single limit for Bodily Injury Liability and Propem Damage Liability. b. Premises and Operations. c. Independent Contractors d. Products and completed Operations — Consultant shall maintain in force until at least five (5) vears after completion of all services required under the Contract, coverage for products and completed operation. e. Broad Form Contractual Coverage applicable to this specific Contract. including anv hold harmless and/or indenunification agreement. 3) Business Auto Policy — Coverage must be afforded on a fonn no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: a. Minimum limits of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owner Vehicles c. 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 insures- of such professional liability insurance and shall be responsible for all damages suffered by the City as a result thereof, including attornev'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 Cite is to be specifically included as an additional insured. Consultants 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. Consultants insurance shall contain a severabilrty of interest provision_ providing that. except with respect to the total limits of liability. the insurance shall apple 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 police must be endorsed to provide the City with a miivmum of Corn -five (45) days nonce 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 Cite 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 furnished thirty (30) days prior to the date of their expiration. SECTION XVIII - INDEMNIFICATION The ENGINEER 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 attornevs' fees. to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ENGINEER and other persons employed or utilized by the ENGINEER in the performance of this contract. The CITY shall Indemnify and hold harmless the ENGINEER, and the ENGINEER'S officers and employees, from liabilities, damages, losses. and costs, including. but not limited to, reasonable attomeys' 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 is responsible For safetN, training for the ENGINEER'S employees and their activities on the CITY's property and construction sites.. However, in accordance with generally accepted practices, the ENGINEER 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 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 day of March, 2004. ATTEST (SEAL): A ai MC THE CITY OF SEBASTIAN Cv: TJ r City Manager Approved as to form and legality for reliance by the City of Sebastian only: lRicStringer, City m Attest: r AV 4.. (seal) .� ENGINEER: W CG/Neel-S chaffer, Inc. Its: � I, I Exhibit A - City of Sebastian Rate Schedule WCG I Neel -Schaffer, Inc. Staff Types - Billing Rates Job Class ENG1 ENG2 ENG3 ENG4 ENG5 ENG6 ENG7 ENG8 ENG9 DESGN1 I DESGN2 I DESGN3 j DESGN4 I DESGN5 j TECH1 TECH2 j TECH3 j TECH4 SURV1 SURV2 SURV3 SURV4 CREW 1 CREW2 CREW3 CREW4 CREW5 j SVYC1 SVYC2 SVYC3 MKT1 MKT2 Title Engineer Staff Engineer Project Engineer Senior Project Engineer Project Manager Senior Project Manager Project Director Principal Officer Designer Designer Project Designer Senior Project Designer CADD Manager Technician/Inspector Technician/Inspector Project Technician/Inspector Senior Project Technician/inspector I Project Surveyor/Technician j Professional Land Surveyor Survey Project Manager j Senior Survey Project Manager Field Survey Crew (1 Man) Field Survey Crew (2Man) Field Survey Crew (Wan) j Field Survey Crew (Wan) Field Survey Crew (Specialty) Survey Technician Survey Technician Survey Crew Chief j Marketing Assistant j Marketing Director j Billing Rate/Hour $66.00 $73.00 $86.00 $99.00 $121.00 $132.00 j $145.00 $150.00 $165.00 $55.00 $65.00 $75.00 $80.00 $99.00 $55.00 $61.00 $72.00 $80.00 $83.00 $88.00 $99.00 $110.00 $83.00 $105.00 $132.00 $152.00 $176.00 $72.00 $83.00 $94.00 $59.00 $110.00 j ADM1 Receptionist $36.00 j ADM2 Administrative Assistant $42.00 ADM3 Administrative Assistant $46.00 1 j ADM4 Administrative Assistant $50.00 j j ADM5 Administrative Supervisor $56.00 j FIN1 Finance Assistant $44.00 j FIN2 Finance Assistant I $53.00 j FIN2 Finance Manager $88.00 j ISM1 Information Systems Manager $83.00 Revised 2/26/04 CADocuments and Settings\jvieiro\Loca1 Settingffemporary Internet Files\0LK2F3A\WCG Rate-Sebastian.doc2004.doc CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM Work Authorization No: Project Identification: IT IS AGREED to undertake the following work in accordance with the provisions of our Master Agreement entitled PROFESSIONAL SERVICES AGREEMENT dated Description of Assignment: Basis of Compensation/Period of Services: AGREED as to scope of services, time schedule, & budget this day of , 2004: CITY OF SEBAS T IAN, A Florida municipal corporation By: Terrence Moore, City Manager (Seal) Attest: Sally A. Maio, CMC, City Clerk Staff Approvals: City Engineer Finance Director General Services Administrator (FIRM'S NAME) By: Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney as to project as to budget only as to purchasing & contract admin. Client#: 20960 NEELSCH ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE( M/ DNYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Stewart Sneed Hewes ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 14207 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Jackson, MS 39236-4207 601 366-3436 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER St. Paul Fire and Marine Insurance C Neel -Schaffer, Inc. et al I INSURERB: Canal Insurance Company P.O. Box 22625 I INSURER Bridgefield Casualty Insurance Co. Jackson, MS 39225-2625 I INSURER D I 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 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. INSR ADD'I- I LTR INSRE TYPE OF INSURANCE , POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMM/DD/YY) DATE,MM/DD/YY) LI M,:TS A GENERAL LIABILITY !BKO1391646 04/01/03 04/01/04 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TED I PREM SESO(Ea occurrence) s300,000 CLAIMS MADE 51OCCUR I MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG $2,000,000 f7 JE0 n POLICY LOC A AUTOMOBILE LIABILITY BA01391901 04/01/03 04/01/04 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC I $ AUTO ONLY. AGG I $ A EXCESS/UMBRELLA LIABILITY BKO1391646 04/01/03 04/01/04 I EACH OCCURRENCE I$5,000,000 7 OCCUR CLAIMS MADE I AGGREGATE I $5,000,000 Is DEDUCTIBLE I I $ RETENTION $ I $ B WORKERS COMPENSATION AND WC196311 jI WC TH- 04/01/03 04/01/04 I X I TORY IMITS I IOER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT s500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEEI $500,000 If yes, describe under I I SPECIAL PROVISIONS below El DISEASE -POLICY LIMIT $500,000 C OTHER LA. W.C. 19802865 04/01/03 04/01/04 1500/500/500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ** Supplemental Name ** Name Printed on DEC Page: Neel -Schaffer, Inc. et all Insured Multiple Names: Soil Tech Consultants, Inc. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Sebastian DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL R0_ DAYS WRITTEN Attn: Jesus Viei ro NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1225 Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Sebastian, FL 32958 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE E/ ACORD 25 (2001/08) 1 of 3 #S92199/M79968 SILT © 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. ACORD 25-S (2001/08) 2 of 3 #S92199/M79968 DESCRIPTIONS (Continued from Page 1) Insured Multiple Names: Neel -Schaffer, Engineers & Planners, Inc. Engineers Constructors, Inc. South MS Engineering Partnership, LLC, MS. Engineering Group, LLC. WEI/NSI, LLC Garver/Neel-Schaffer, Inc. J. V. WCG/Neel-Schaffer, Inc. RE: Stormwater and Continuing Services Contract AMS 25.3 (2001/08) 3 of 3 #S92199/M79968 Arthur J. Gallagher 6 Co. of Mississippi, Inc. P.O. Drawer 16447 Jackson, MS 39236-6447 USA City of Sebastian Attn: Jesus Vieiro 1225 Main Street Sebastian, FL 32958 USA This document was brought to you by CertificatesNow. If you have questions regarding the content of this document, please contact the Producer/Agent listed on the certificate of insurance or the Insured listed on the notice of cancellation/reinstatement. To find out how you can send and receive all of your certificates of insurance either by email, high speed fax or standard mail, call ConfirmNet toll -free at 877.669.8600, email customercare@confirmnet.com, or visit our website at www.confirnmet.com The data included in this notice and in the attached document is confidential to ConfirmNet and the party responsible for bringing you this information. Powered By CertificatesNowrM ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE Do 03/1 M7//04/YYYY) 3/1 ,PRODUCER 1-601-956-5810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Co. of Mississippi, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Drawer 16447 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Jackson, MS 39236-6447 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Lexington Ins Co 19437 Neel —Schaffer, Inc., Maptech, Inc., WCG/Neel—Schaffer, Inc., Mr. Slade Exley INSURERB: 666 North Street Suite 201 INSURERC: Jackson, MS 39202 INSURERD: 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 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. INSR ADD' POLICY EFFECTIVE POLICY EXPIRATION LTR IN I: TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YYl I LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GENT AGGREGATE LIMIT APPLIES PER: 7 POLICY FI PE O LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY IOCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROP RI ETOR/PARTNER/EXECUTIVE INCL OFFICER/MEMBEREXCLUDED? EXCL If yes, describe under SPECIAL PROVISIONS below OTHER A Architects & Engineers 3756913 11/15/03 11/15/04 Professional Liability — Claims Made DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: Stormwater and Continuing Services Contract for City of Sebastian EACH OCCURRENCE I $ DAMAGE TO RENTED PREM ISES (Ea occurence) $ VIED EXP (Anyone person) $ PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG I$ COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ AUTOONLY: AGG $ EACH OCCURRENCE $ (AGGREGATE $ Is Is TH- I OFIR ORY IM ITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT 1 $ Each Occurrence 2,000,000 Aggregate 2,000,000 Deductible 100,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Sebastian DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Attn: Jesus Vieiro NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1225 Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Sebastian, FL 32958 AUTHORIZED REPRESENTATIVE USA ACORD 25 (2001/08) betpick © ACORD CORPORATION 1988 1700604 Powered ByCertificatesNow'm 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. ACORD 25 (2001/08) ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE11/1 8/M/03/YYYY) l/1 PRODUCER 1-601-956-5810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Co. of Mississippi, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Drawer 16447 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Jackson, MS 39236-6447 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Lexington Ins Co 19437 Neel -Schaffer, Inc., Maptech, Inc., WCG/Neel-Schaffer, Inc., Mr. Slade Exley IINSURERB: 666 North Street Suite 201 INSURER C: Jackson, MS 39202 INSURERD: 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 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. INSR ADD' POLICY EFFECTIVE POLICY EXPIRATION LTR INSR TYPE OFINSURANCE POLICY NUMBER DATElMM/DD/YVl DATElMM/DD/YYl LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $ = CLAIMS MADE =OCCUR I MED EXP (Any one person) $ GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY n PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO ALLOWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY = OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE INCL OFFICER/MEMBER EXCLUDED? EXCL If yes, describe under SPECIAL PROVISIONS below OTHER A Architects & Engineers 3756913 11/15/03 11/15/04 Professional Liability - Claims Made DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CITY OF SEBASTIAN GEN. SVCS. ADMINISTRATOR PAUL WAGNER 1225 MAIN STREET SEBASTIAN, FL 32958 ACORD 25 (2001/08) kseneczkoms 1475886 PERSONAL & ADV INJURY $ GENERAL AGGREGATE I$ PRODUCTS - COMP/OP AGG I $ COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ AUTOONLY: AGG $ EACHOCCURRENCE $ (AGGREGATE Is $ IWC STATU- I 1OTH- TORYI IMITS FR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ Each Occurrence 2,000,000 Aggregate 2,000,000 Deductible 100,000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 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 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE USA © ACORD CORPORATION 1988 Powered Byrarfifira#oaMnui7111 Arthur J. Gallagher & Co. of Mississippi, Inc. r P.O. Drawer 16447 Jackson, MS 39236-6447 City of Sebastian Attn: Jesus Vieiro 1225 Main Street Sebastian, FL 32958 USA USA This document was brought to you by CertificatesNow. If you have questions regarding the content of this document, please contact the Producer/Agent listed on the certificate of insurance or the Insured listed on the notice of cancellation/reinstatement. To find out how you can send and receive all of your certificates of insurance either by email, high speed fax or standard mail, call ConfirmNet toll -free at 877.669.8600, email customercare@confirmnet.com, or visit our website at www.confirmnet.com cc: The data included in this notice and in the attached document is confidential to ConfirmNet and the party responsible for bringing you this information. Powered By CertificatesNow°N ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE 1/23 /DD/YYYY) 1/23/04 'PRODUCER 1-601-956-5810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Co. of Mississippi, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Drawer 16447 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Jackson, MS 39236-6447 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Lexington Ins CO }19437 Neel -Schaffer, Inc., Maptech, Inc., WCG/Neel-Schaffer, Inc., Mr. Slade Exley INSURERB: 666 North Street NSURERG Suite 201 Jackson, MS 39202 INSURERD. 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 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. INSR'ADD'L IPOLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPEOFINSURANCF POLICY NUMBER DATE(MM/DDNYI DATE rMWDD/YY) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 11 OCCUR GEN'L AGGREGATE LIMIT APPLIES PER 1 POLICY F PEA LOC I AUTOMOBILE LIABILITY I ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY 1 ANYAUTO EXCESS/UMBRELLA LIABILITY I OCCUR E] CLAIMS MADE OCCURRENCE $ _EACH DAMAGE TO RENTED _ PREMISES (Ea occurence) _ $ MED EXP (Anyone person) S PERSONAL& ADV INJURY $ GENERALAGGREGATE $ PRODUCTS - COMP/OP AGG $ COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY $ I (Per accident) PROPERTY DAMAGE $ (Per accident) DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROP R IETO R/PARTNE R/EXECUTIVE INCyI OFFICER/MEMBER EXCLUDED? EXCL If yes, describe under SPECIAL PROVISIONS below OTHER 0974963 11/15/04 A Architects & Engineers 1 Professional Liability - Claims Made DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: Stormwater and Continuing Services Contract for City of Sebastian AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ AUTOONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ WCSTATU- OTH- TORY LIMITS ER LE L EACH ACCIDENT $_ E.L. DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ 11/15/05 Each Claim 2,000,000 Aggregate 4,000,000 Deductible 100,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Sebastian DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Jesus Vieiro IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1225 Main Street REPRESENTATIVES. Sebastian, FL 32958 AUTHORIZED REPRESENTATIVE USA ACORD 25 (2001/08) betpick © ACORD CORPORATION 1988 2262430 Powered ByCertificatesNow"M 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. ACORD 25 (2001/08)