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Erdman Anthony of Florida, Inc.
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(18-08-01) Consulting Engineering Services for Golden Shores Utility Undergrounding and Roadway Improvements
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Erdman Anthony of Florida, Inc.
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employees to discuss matters pertinent to this Agreement. If an audit inspection in accordance with this <br />section discloses overpricing or overcharges (of any nature) by Consultant to the City in excess of one-half of <br />one percent (.5%) of the total contract billings , (1) the reasonable costs of the City's Internal Audit department <br />shall be reimbursed to the City by the Consultant and (2) a 15% penalty of the overpricing or overcharges <br />shall be assessed. Any adjustments and/or payments which must be made as a result of the audit inspection, <br />including any interest, audit costs and penalties shall be made by the Consultant within 45 days from <br />presentation of City's findings to Consultant. Failure by Consultant to permit such audit shall be grounds for <br />termination of this Agreement by the City. <br />11. 7 Public Records Law <br />Consultant shall allow public access to all documents, papers, letters or other material subject to the <br />provisions of Chapter 119, Florida Statutes, and made or received by Consultant in conjunction with this <br />Agreement. Failure by Consultant to grant such public access shall be grounds for immediate unilateral <br />cancellation of this Agreement by the City. Notwithstanding the foregoing, the documents describing the <br />design of public buildings and facilities may be exempt from disclosure under the public records laws for <br />security reasons. Consultant will obtain written authorizing from City prior to disclosing any documents <br />describing the design of public buildings and facilities. <br />11.8 Confidentiality <br />Consultant agrees that it will make no statements , press releases or publicity releases concerning this <br />Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data or other <br />information obtained or furnished in compliance with this Agreement, or any particulars thereof, during the <br />period of the Agreement, without first notifying the City and securing its consent in writing. <br />11.9 No Pledge <br />Consultant shall not pledge the City's credit or attempt to make the City a guarantor of payment or <br />surety for any contract, debt, obligation, judgment, lien, or any other form of indebtedness. <br />11.10 Insurance. <br />11.10.1 Consultant shall purchase from and maintain, in a company or companies lawfully authorized <br />to do business in Florida, such insurance as will protect the City from claims set forth below which may arise <br />out of or result from performance under this Agreement by Consultant, or by a subcontractor of Consultant, or <br />by anyone directly or indirectly employed by Consultant, or by anyone for whose acts Consultant may be <br />liable. <br />11.10.2 Coverage shall be maintained without interruption from the effective date of this Agreement <br />until date of final payment and termination of any coverage required to be maintained after final payment. Any <br />liability coverage on claims made basis shall remain effective for five (5) years after final payment. If any of <br />the required insurance coverages are required to remain in force after final payment, an additional certificate <br />evidencing continuation of such coverage shall be submitted along with the application for final payment. <br />11.10.3 The City shall be provided a minimum of thirty (30) days prior written notice of any adverse <br />material change, including any reduction, non~renewal or cancellation of Contractor's required insurance <br />coverage, or any increase in the Consultant's self-insurance retention. <br />11.10.4 Evidence of insurance, being a current ACORD certificate of insurance or its equivalent, <br />executed by the insurer, or its agent or broker, evidencing that a policy of insurance and any required <br />endorsements have been issued by the agenVbroker shall be delivered to City prior to execution of this <br />Agreement. The Certificate of Insurance shall be dated and show the name of the insured, the specific Project <br />or work authorization by name, WA number and contract number, the name of the insurer, the number of the <br />policy, its effective date, and its termination date. <br />Form -PSA CCNA Master 091914 <br />Erdman Anthony-14919 <br />101114 <br />18
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