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HomeMy WebLinkAbout1999 Kimley Horn-Design Schumann DrPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made this ~ day of December, 1999, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation authorized to do business in the State of Florida, 4431 Embarcadero Drive, West Palm Beach, Florida 33401, ("Consultant.") WHEREAS, the City desires to engage a consultant who has special and unique competence and experience in providing engineering services for roadway reconstruction design; and WHEREAS, the Consultant represents that it has such competence and experience in providing these services; and, WHEREAS, the City in reliance on such representation has selected the Consultant in accordance with the requirements of law; and, WHEREAS, the City and the writing their understanding and services. IT IS, THEREFORE, AGREED as follows: 1. Recitals. The above recitals as if set forth in their entirety. Consultant desire to reduce to agreements on such professional are incorporated herein 2. A~reement: The Consultant and the City understand and agree that this Agreement shall cover services, as described in Exhibit A, which is attached hereto and incorporated herein by 1 this reference, which the Consultant is providing to the City of Sebastian with respect to the reconstruction of Schumann Drive from the intersection of Beach Lane to Bailey Drive ("Project"). This Agreement is not an exclusive agreement and the City may employ other consultants, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. 3. Employment of Consultant: The City hereby agrees that it may engage the Consultant and the Consultant hereby agrees to perform professional services for the City in accordance with this Agreement. The Consultant's services are enumerated in Exhibit A ("Work"). 4. Pro~ect Schedules: The Consultant shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Consultant. 5. Joint Cooperation: Close collaboration and cooperation shall be maintained by the Consultant with representatives of the City and the City will be entitled at all times to be advised, at its request, of the status of Work and of the details thereof. The City shall furnish to the Consultant all pertinent existing information deemed necessary by the Consultant to be relevant to the execution of the Work. The City will have the right to inspect the Work of the Consultant at any time. Either party to this Agreement may request and be granted a conference. 2 6. Termination: The provisions of this Agreement may be terminated by the City with or without cause. If terminated without cause by the City, at least thirty (30) days written notice of such termination shall be given to the Consultant. (1) In the event the City without cause abandons, terminates or suspends this Agreement, the Consultant shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and documents generated by the Consultant shall remain the property of the City as outlined in Paragraph 12. (2) In the event the Consultant terminates this Agreement without cause, all tracings, plans, specifications, maps, computer programs and data prepared by the Consultant under this Agreement shall be considered property of the City. The City may enter into an agreement with others for the completion of the work under this Agreement and the Consultant will be held harmless for the work of others. 7. Compensation: The City will pay the Consultant an hourly rate with fee maximums capped at $3000 and $12,900 for Tasks 1 and 2, respectively, as described in Exhibit "B" attached hereto. 8. Payments: The Consultant shall submit monthly statements for services rendered. 9. Reimbursement of Costs: The Consultant's expenses are included within the agreed hourly, no additional expenses shall be reimbursed without written amendment of this Agreement. 3 10. Term: This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete. 11. Covenant Aqainst Continqent Fees: The Consultant warrants that he 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 he 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 any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, 12. Right to Work Products: other material produced in whole gift or consideration. No reports, data, programs or or in part under this Agreement shall be subject to copyright by the Consultant in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the City and are strictly for use on this project. 4 Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk and Consultant, its officers, directors and employees will be held harmless from required Exhibit Exhibit such use. 13. Personnel: The Consultant represents that it will secure at its own expense all personnel and sub-consultants for services which are necessary as described under "A" of this Agreement. All services described under "A" of this Agreement shall be performed by the Consultant or sub-consultant and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. 14. Responsibility of the Consultant: (a) The Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in his drawings, specifications, reports and other services. (b) Approval by the City of drawings, specifications, reports and incidental work or materials furnished hereunder shall not in any way relieve the Consultant of responsibility for the technical adequacy of the Work unless work product was based by the City or its approval or acceptance of, shall not be construed to any rights under this Agreement or of any upon errant information provided representatives. The City's review, or payment for, any of the services operate as a waiver of cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable in accordance with applicable law for damages to the City caused by the Consultant's negligent performance of any of the services furnished under this Agreement. (c) Evaluations of the City's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Consultant, represent the Consultant's's best judgment as a designed professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor the City has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated prices will not vary from the City's's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Consultant. (d) The rights and remedies of the City provided for under this Agreement are in addition to any other rights and remedies provided by law. 15. Subcontracts and Assignability: The Consultant shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub-contracts or other work which is performed by persons or firms other than the Consultant under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or consultants required by the Consultant in connection with services covered by this Agreement or any work orders must be specifically approved by the City Manager. 16. Truth-In-Negotiation: In accordance with the provisions of Chapter 287.055, Florida Statutes, the Consultant agrees to execute a truth-in-negotiation certificate and agrees the original contract price and any additions may be adjusted to exclude any significant sums by which the contract price was increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. 17. Interest of Members of City and Others: No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, 7 or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 18. Certification of Restrictions on Lobbying: The Consultant agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Consultant to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Consultant to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 19. Interest of Consultant: The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Consultant further covenants that in the 8 performance of this Agreement, no person havin9 any such interest shall be employed. The Consultant shall not undertake any professional work which conflicts with his duties as the City's Consultant without the prior written consent of the City during the term of this Agreement. Any work where the Consultant can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceedin~ will constitute A~reement. 20. Compliance With a conflict of interest under this the Law: The Consultant expressly a~rees to comply with all known laws and regulations relatin~ to providin~ services under this A~reement. The failure of the Consultant to adhere to any known law or regulation pertainin~ to furnishin9 services under this A~reement shall constitute a material breach of this A~reement. 21. Waiver: The waiver by the City of any of the Consultant's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Consultant under this Agreement. 22. Public Entity: The Consultant shall file a sworn statement with the City which is Attachment I, statin~ whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 9 23. Releases: Upon the satisfactory completion of any Work performed under a work order and prior to final payment under such work order for the work, or prior to settlement upon termination of this Agreement and as a condition precedent thereto, the Consultant shall execute and deliver to the City a release of all claims against the City arising under or by virtue of the work order. 24. Indemnification: The Consultant shall indemnify and save harmless the City, its agents, servants, and employees from and against claims, liability, losses, or causes of action to the extent arising from any misconduct, negligent act, or omission of the Consultant, its agents, servants or employees in the performance of services under this contract. AS specific consideration for the indemnification provided the City by the Consultant hereunder, the City shall pay the amount of one ($1.00) by credit upon receipt by the Consultant of this signed contract. 25. Druq-Free Workplace: The contract documents also consist of the "Drug-Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 26. City's Responsibilities: (a) The City shall designate a representative authorized to act on the City's behalf with respect to the Project. The City or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by 10 the Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant's's services. (b) Prompt written notice shall be given by the City to the Consultant if the City becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. (c) If the Project is suspended by the City for more than thirty (30) consecutive days,j the Consultant shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Consultant's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Consultant's's services. (d) Failure of the City to make payments to the Consultant in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. (e) In the event of termination not the fault of the Consultant, the Consultant shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. (f) Payments are due and payable thirty (30) days from the date of the Consultant's's invoice. Amounts unpaid sixty (60) days after the invoice date shall bear interest at the legal rate prevailing from time to time at the principal place of business of the Consultant. 27. This Agreement shall be governed by the laws of the State of Florida. ll 28. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 29. Insurance Reauirements: The Consultant agrees to carry insurance as outlined in Exhibit "C" ("Certificate of Insurance"). The insurance company selected shall be A+ or better per the Beat's Key Rating Guide. The Consultant and the insurance company shall agree to furnish the City thirty (30) days written notice of intent to terminate said insurance. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): ~.~h~yn~. 0 Halloran CMC/AAE, City Clerk ~){,~it~Manag~r Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City axxomey Signed, sealed and delivered in the presence of: Name: Name: CONSULTANT KIMLY-HORN AND ASSOCIATES, Name: INC. Title: 13 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that Kimly-Horm and Associates, Inc., does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-flee workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in Paragraph 1. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Kiml~y-Horn aritd Associates, Inc. PUBLIC ENTITY CRIMES Any person submitting a quote, bid, or proposal in response to this invitation or a contract, must execute the enclosed form PUR. 7069, sworn statement under section 287.133(3)(a), FLORIDA STATUTES_, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Departmem of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 28T 133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(0, Florida Statutes. Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to ' ~ CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence ora notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTESo ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHOR/ZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Schumann Drive Reconstruction Contract for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by Kimly-Horn and Associates, Inc., whose business address is 4431 Embarcadero Drive, West Palm Beach, Florida 33401 and (if applicable) its Federal Employer Identification (FEIN) is 3. My name is '~la~ ~ ~ of individual signing) and my relationship to ,ll~e entity named above is (please print name 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statute% means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) ~ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. __ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) __ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) __ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) __ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the D~ent~f Genial Services.) 'gnu ) Date: J. 7 STATE OFFLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ,gff- day of December; 1999~by .--~/ ~. ~:~ ~';~.. , ~['. I~.~ ~. i~t.~t~t_ (title) on behalf of Kimly-Hom and Associates, Inc.,. He/she is personally known to me or has produced as identification and did ( ) did not ( ) take an oath. / ~t'(Notary Signature) Name: ~'fit/~t.~_/t ,4. My Commission Expires: Commission Number: ~ J. 8 EXI~BIT "C' INSURANCE REQUIREMENTS The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. (c) Professi6nal Liabiliw Errors and Ommissions - Contractor shall maintain Professional Liability Errors and Ommissions_insurance with a combined single limit of at least $1,000,000. Kim]ey-Horn and Associates, inc. EXIt~IT ~A~ SCOPE OF SERYICE$ Wc have met with City officials to discuss thc proposal improvements for $chum~rm Drive from th~ intersection of Beach Lane and thc intersection of Baley Drive (approximately 5500 ft). Survey data has been collected and the base maps for the !~oject m have been partially completed to appro~i,m~t~ly 80%. Addition81 survey data that has bee~ collected will need m be added to the base maps ~om tield books. o Complete input o£ survey data to complete the ba~e map · Develop a pro~¢ ~ade lin~ that will minimize impacts to driveways and utilize the recently fiustalled ~h'al~age systzm. · Meet with the City to discuss recommendations and project approach. Tnsk 2 - Development of Construction Plnns Upon authorization by the City we will proceed with the developm~nt to construction plans. We will unde~ke the following: Develop aKcy sheet Provide C-aneral Notes and Qusntities Complete the Typical S~ctions · Develop plan and profile sheets that will delineate improvements to roadway tn include areas of new construction and areas of resuffacing Propos~ Type F curb and g~er for the media= · Cross section will not be included/n this work · Deliverables will be the electroulc files and a set of reproducible plans Regular City Council M ting b~cember 15, 1999 Page Thirteen DRAFT 99.244 18. Authorize City Mana_aer to Execute Contract with Kimley-Horn and Associntes. ]:nc. for the Design of Schumann Drive Reconstruction in an Amount Not to Exceed $15.900 (Enginee~il~g Transmittal 12/7/991 The City Engineer briefly addressed Council. Mayor Neuberger suggested curbing the road end the City Engineer responded that perhaps the medians could be curbed under the current permit. MOTION by Mnjcher/Bernes 'I make a motion to approve to execute a contract with Kimley-Horn and Associates, Inc. for the design of Schumann Drive Reconstruction in the amount not to exceed $15,900.' ROLL CALL: Mr. Barnes - aye Mr. Bishop - eye Mr. Majcher - aye Mm/or Neuberger - aye Mr. Berczyk - MO1-ZON CARRY:ED 5-0 Mayor Neuberger announced the Mayor's Christmas party on December 21, 1999 at the Eagles Nest Restaurant and adjourned the Regular Meeting at 9:55 p.m. Approved at the ,1999, Regular City Council Meeting. Chuck Neuberger Moyor Kathryn M. O'Halleran, CMC/AAE City Clerk 13 C±ient~: 297743 80KIMLEHOR CERTIFICATE OF LIABILITY INSURANCE07/06/00D^'E~D~Y' PRODUCER BB&T/ PLC Insurance-High Point 406 N. Lindsay Street P.O. Box 6475 High Point, NC 27262 Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER'nFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Security Ins Co Hartford INSURER S: INSURED Kimley Horn & Associates, Don Kline ; INSURER C: P.O. BOX 33068 INSURERD: Raleigh, NC 27636 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 CONDITIONSOF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPEOFINSURANCE POUCYNUMBER I DATE~U~,DD~rY~ I DATEiMMJDD/YY~ I LIMiTS I -- ~ CLAIMSMADE ~ OCCUR MEDEXP(Anyoneperson) $ J RtCTl:N'rlt3t-J $ ..... ; ..... , - ~ ,S A !O*.E~ Professional PLT02344Dc. X7023~4 08/01/98 08/01/01 Bimit $1,000,000 Liability , PROPOSAL CERTIFICATE HOLDER I I ADDmONALINSURED;INSURERLEI'FER: __ CANCELLATION City of Sebastian ATT: Paul Wagner, Purchasing Ad 1225 Main Street Sebastian, FL 32958 ACORD25'S(7/97)l of 2 #S275944/M261072 ' JCD '~ ~:)RD ~ORPORATION 1988 ~'~ Kirnley-Horn and Associates, Inc. h is our undexstanding that the City will provide the following: · AutoCadd files of base map work completed to date · Field notes of additional survey · Any utility data obtained Ibr the project · Any additional survey needed for the design The City will also develop the signing and marking plans for the project. Kimley-Horn and Associates, Inc, Exhibit ~B" We will accomplish the service outlined ha Task I trader an hourly rate up to a maximum of $3,000. Task 2 will be tmdertaken when authorized at a hourly rate up to $12,900. All fees will be haclusive of expea~es. Tas~ 1 - Analysis Task 2 - Development oi' Coristruction Plans $3,000 $12,900