The URL can be used to link to this page

2THE CITY OF PLEASANT LlVINC To: FROM: Via: DATE: SUBJECT: BACKGROUND: AMOUNT: ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Quentin Pough, Director of Parks & Recreation January 20, 2015 Agenda Item No .. A Resolution authorizing the City Manager to negotiate and to enter into a contract with R.E. Chisholm Architects Inc. to complete architectural and engineering drawings for Palmer Park's concession stand. Parks and Recreation staff conducted an assessment at Palmer Park and discovered that the concession stand requires major upgrades and improvements. Our goal in completing this project is to provide professional architectural and engineering layout drawings for general contractor bidding. In accordance with and pursuant to Florida Statute 287.055 for CCNA, the City Manager has negotiated an agreement with R.E. Chisholm Architects Inc. who was one of five (5) consultants previously selected to perform professional services for the City and who was next in the rotation for selection. R.E. Chisholm Architects Inc. has submitted a proposal in the amount of $16,877.50 to provide as-built drawings, architectural/engineering building permit drawings, outline specifications that identify the products and materials being used, construction administration, anticipated project budgetary construction costs, shop drawing review and photographs. Amount not to exceed $16,877.50 Capital Improvement account number 301-2000-572-6450, which has a balance of $501,306.85 before this request was made. Resolution Resolution #120-13-13938 Proposal by R.E. Chisholm Architects Inc. Professional Service Agreement Account Budget Print Out 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A Resolution authorizing the City Manager to negotiate and to enter into a contract with R.E. Chisholm Architects Inc. to complete architectural and engineering drawings for Palmer Park's concession stand. WHEREAS, City staff from the Parks and Recreation Department conducted an assessment at Palmer Park and found that the concession stand requires major upgrades and improvements; and WHEREAS, the City desires to hire a consultant to complete professional architectural and engineering layout drawings to perform architecture services for the City; and WHEREAS, in accordance with and pursuant to Florida Statute 287.055 for CCNA, the City Manager has negotiated an agreement with R.E. Chisholm Architects Inc. who was one of five (5) consultants previously selected to perform professional services for the City and who was next in the rotation for selection. The negotiated agreement is for a sum of$16,877.50 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is authorized to negotiate and to enter into a contract with R.E. Chisholm Architects Inc., for an amount not to exceed $16,877.50 to complete architectural and engineering drawing for Palmer Park's concession stand. Funding for this project will come from Parks and Recreation Capital Improvement account 30 1 ~20000~572~6450, which has a current balance of$487,589.85 before this request was made. Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ENACTED this __ day of _____ , 2015. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: RESOLUTION NO.: _1_2_0_-_1_3_-_1 _3 _9 3 8 A Resolution authorizing the City Manager to negotiate hourly rates and to execute a professional service agreement provided under the Florida Statute 287.055 Consultant's Competitive Negoti~1:ion Act "CCNA", for the following professional services: Architecture, Landscape Architecture, Civil/Environmental Engineering, Traffic and Transportation Engineering. WHEREAS, the Mayor and City Commission desires to enter into service agreements for professional services for the following categories: Architecture, Landscape Architecture, Civil/Environmental Engineering, Traffic and Transportation Engineering; and WHEREAS, on April 26, 2013 a request for qualification RFQ #PW-S2013-04 was released by the City for these services; and WHEREAS, the City received solicitation from thirty-three (33) firms; and WHEREAS, pursuant to Florida Statute 287.055 for CCNA, the City review committee conducted thorough reviews of the firm's qualifications, and upon evaluation the finms were ranked; and WHEREAS, the City selected a five (5) qualified firms for each category to provide the professional services to the City as follows; and Civil 1. EAC CONSULTING, INC 2. CIVIL WORKS INC 3. ADA ENGINEERING, INC 4. SRS ENGINEERING, INC 5. RJ BEHAR & COMPANY INC ENGINEERS, PLANNERS Traffic & Transportation 1. TY LIN INTERNATIONAUHJ ROSS 2. THE CORRADINO GROUP 3. MARLIN ENGINEERING 4. C H PEREZ CONSULTING ENGINEERS, INC. 5. URS Arch itectu re 1 MCHARRY ASSOCIATES 2 BERMELLO AJAMIL & PARTNERS 3 SOL-ARCH, INC 4 RE. CHISHOLM ARCHITECTS, INC 5 INDIGO SERVICE CORPORATION Environmental 1. RJ BEHAR & COMPANY INC ENGINEERS, PLANNERS 2. MILIAN SWAIN AND ASSOCIATES 3. STANLEY CONSULTANTS, INC 4. BALJET ENVIRONMENTAL, INC. 5. LANGAN ENGINEERING Structural 1. SRS ENGINEERING, INC 2. G BATISTA & ASSOCIATES 3. STANLEY CONSULTANTS, INC Landscape 1. O'LEARY RICHARDS DESIGN & ASSOCIATES 2. BERMELLO AJAMIL & PARTNERS 3. ROSENBERG GARDNER DESIGN 4. CURTIS + ROGERS DESIGN STUDIO, INC 5. KIMLEY HORN & ASSOCIATES WHEREAS, the Mayor and City Commission desires to authorize the City Manager to negotiate hourly rates and execute a service agreement with the highest ranked firm. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is hereby authorized to negotiate hourly rates and execute a professional service agreement in the same form as published in RFQ #PW-S2013-04 in accordance with the procedure set forth in Florida Statute 287.055 (Consultant's Competitive Negotiation Act). " Pg. 2 of Res. No. 120-13-13938 Section 2: The agreements shall be approved by resolution prior to being signed by the City Manager. . Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 4th day of_J_u_n_e ___ , 2013. ORM ECUTION COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea Date: October 15th , 2014 November 26th , 2014 (Revised) December 9th , 2014 (Revised) December 15, 2014 (Revised) To: Mr. Quetin Pough Mr. Ricardo Ayala City of South Miami PROPOSAL: Palmer Park Concession Retrofit City of South Miami Dear: Mr. Pough and Mr. Ayala: Via E-mail: qpough@southmiamifl.gov rayala@southmiamifl.gov As per your request, we are pleased and grateful for the opportunity to provide the following professional services proposal for your review and consideration. FIRM BACKGROUND RE CHISHOLM Architects, Inc. (REC), was originally established in 1982 as a sole proprietorship and later formally incorporated in 1989. During the past 32 years, the Firm has maintained an excellent standing in the South Florida community and throughout the State of Florida. The Firm trademark is the provision of service excellence to our clients and our ability and flexibility to integrate today's complex environment into functional designs that meet or exceed our clients' expectations. We are focused on a comprehensive approach to deSign solutions that integrate deSign and constructability, while working closely with governmental jurisdictions to ensure a smooth and quick process for all of our projects. The following proposal is subject to the existing executed City of South Miami Master Agreement with RE Chisholm Architects Inc. This proposal governs as to specific services requested by City of South Miami on this specific project/Palmer Park ConceSSion Retrofit. A . SCOPE OF WORK I Palmer Park Concession Retrofit 1. Remove existing then install new ice machine 2. Replace existing and install new exhaust fan 3. Remove then install new wall shelving and floor cabinets in kitchen and storage area 4. Electrical repairs (New elec. panel if required) Page 1 of 7 R.E. Chisholm Architects, Inc. Il 4921 Southwest 74th Court, Miami, Florida 33155 c Architecture Planning Interiors 305.661.2070 F. 305.661.6090 Il bob@chisholmarchitects.com· c AR0007442 ID0003684 5. Plumbing repairs 6. Install new non-slippery tile (Dura Bond) 7. Remove existing then install new tank-less water heater 8. Remove existing and install new refrigerator 9. Remove existing and install new deep freezer 10. Install new exhaust vents 11. Install new entrance /exit door and hardware 12. Patch interior walls and holes and provide new interior painting 13. Install new accordion shutters between kitchen and storage area 14. Install new commercial microwave 15. Install new popcorn machine 16. Install new cotton candy machine 17. Remove existing sink install new deep sink 18. Install new employee hand sink 19. Sand down and re-painted existing overhead rolling shutters 20. Include MEP engineering drawings; MEP eng. 21. Photographs of existing conditions 22. Outline specifications 23. Anticipated project Budgetary construction cost 24. Install new heating lamps/warmers B. SCOPE OF SERVICES (Refer to Section D~1) (Architectural and Engineering drawings for general contractor bidding and building permit for the interior renovation of the existing concession building for the portion of the concession area only) 1. Preparation of architectural layout drawings showing existing site and proposed changes. 2. MEP engineering drawings. 3. Photographs showing all of the area being affected as part of construction. 4. Outline specifications that identify the products and materials being used. 5. Anticipated project Budgetary Construction Cost. B~1. Architecture (Included and as noted) B~2. MEP Engineering (included) B~3. Structural Engineering (not included) B-4. Civil Engineering (not included) B~5. Landscape Architecture (not included) B·6. Space Planning and Interior Design (not included) B-7. Budgetary Estimate of Probable Construction Cost (BEPCC) (included) No project Total Construction Budget established by owner. B-8. Bid review and bid award (one event included) Page 2 of 7 R.E. Chisholm Architects, Inc. C 4921 Southwest 74th Court, Miami, Florida 33155 C Architecture Planning Interiors 305.661.2070 F. 305.661.6090 C bob@chisholmarchitects.com C AR0007442 ID0003684 B-9. Construction Administration, RFI's and shop drawings review (included) C.OELIVERABLES AlE Construction documents for building permit (included) C-1. Timetable 1. Owner requires all ale documents completed no later than February 1 st, 2015. O. PHASES I COMPENSATION I SERVICES. Architectural/CD's/performance outline specification for construction MEP Engineer Construction estimate Research and selecting of kitchen + cooking equipment-Outline Specification 0-1. Architecture and Engineering a) Existing field As Built drawings. b) Photography of Construction Area. c) Architectural/ Engineering Building Permit Drawings d) Outline specifications for construction products. Page 3 of 7 P 1 HR X $ 150 = $ 150 PM 5HR X $ 105 = $ 525 CADD 16HR X $ 65 =~1 ,040 Sub-Total $1,715 PM 3HR X $ 105 = $ 315 $D/CADD 2HR X $ 65 = !..11Q t Sub-Total $ 445 P 6 X $150 = $ 900 PM 20 X $105 = $2,100 SD/CADD 27 X $ 65 = $1,755 Sub-Total $4,755 P 3 X $150 = $ 450 PM 13X$105= $1,365 SD/CADD 20 X $ 65 = $1,300 Sub-Total $3,115 Sub-Total $ 10,030 (included) R.E. Chisholm Architects, Inc. C 4921 Southwest 74th Court, Miami, Florida 33155 c Architecture Planning Interiors 305.661.2070 F. 305.661.6090 [] bob@chisholmarchitects.com IJ AR0007442 100003684 e) Budget Estimate of Probable Construction Cost f) Bidding/ Bid doc prep/Bid review/Bid award (one event included) g) Construction Administration (3mos Total) Project Manager RFI response Shop Dwg review (6) Site visits/Report h) Additional Services (requested by client) Research and selection of proposed kitchen fixtures and cooking equipment. (Research + Meetings + Specifications) E. ADDITIONAL SERVICES (if requested by owner) NOT included in this Proposal: • Bidding • Threshold Inspections • Special Illumination design • Permit submittal • Zoning variances • LEED • Value Engineering (included through 50% of DD Phase only). P 3HRX$ 150=$ 450 PM 8.5HR X $ 105:: $ 892.5 ADM 8HR X $ 45 = $ 360 Sub-Total $1,702.5 (included) PM 2HR X $105:: $ 210 SD/CADD 8HR X $ 65:: $ 520 SD/CADD 8HR X $ 65 = $ 520 2.5HR X 6 X $105 = $ 1,575 Sub-Total $ 2,825 P 4HR X $150= $ 600 PM 8HR X $105= $ 840 SD/CADD 8HR X $ 65= $ 520 ADM 8HR X $ 45= $ 360 Sub-Total $2,320 Total $16,877.5 • Project specific professional liability Insurance. Our standard umbrella coverage shall be maintained inforce for the duration of the project. • Permit or test fees of any type. • Interior design or space planning or FFE selection. (FFE/Refer to Section D-1) • 3D Renderings • Asbestos, lead or mold and mildew abatement. • Meeting with owner, owner consultants, general contractor beyond those included as part of basic services. It Any work or documents outside those specifically mentioned or stated in this REC proposal. • Construction Administration (included) • Any public or private presentations Page 4 of 7 R.E. Chisholm Architects, Inc. C 4921 Southwest 74th Court, Miami, Florida 33155 C Architecture Planning Interiors 305.661.2070 F. 305.661.6090 !J bob@chisholmarchitects.com !J AR0007442 ID0003684 .. Fire-sprinkler design .. Grease trap F. PRE-REQUISITES 1. Written acceptance by of this proposal providing RE Chisholm Architects authorization to proceed. G. EXCLUSIONS A. This proposal is specifically limited to the services listed in Scope of Work and Scope of Services section above. Additional services are not included except where listed within the context of this proposal and if requested by owner will be charged on an hourly rate of: Principal Project Manager Senior Architect/Engineer Architect/Engineer Construction Manager Construction Inspection Senior draftsman/Technical/CADD Draftsman Data Processing/Clerical $ 150 per hour. $ 105 per hour. $ 105 per hour. $ 85 per hour. $ 85 per hour. $ 105 per hour. $ 65 per hour. $ 55 per hour. $ 45 per hour. B. RE Chisholm Architects Inc. will not be held liable for any of the work, specifications or decisions made any consultants not under direct contract to REC. C. REC professional liability is limited to amount equivalent to scope of work relevant to services provided by a/e. H. CONDITIONS H-1. VALIDITY OF PROPOSAL This proposal shall be valid for a time period of thirty (30) calendar days from the date posted above. After this time, same becomes null and void, and we reserve the right to re-evaluate and adjust same due to varying market conditions. One (1) year after contract execution, hourly rates may be subject to change. H-2. PAYMENT DUE Invoices for services rendered are due immediately upon receipt by named client. Failure to present payment of services rendered, invoiced and posted herein shall be just cause for suspension of services as noted herein. Collection services begin upon thirty (30) days from invoice date. Page 5 of 7 R.E. ChishOlm Architects, Inc. [J 4921 Southwest 74th Court, Miami, Florida 33155 [J Architecture Planning Interiors 305.661.2070 F. 305.661.6090 [J bob@chisholmarchitects.com [J AR0007442 100003684 H-3. COLLECTION COSTS If the Client fails to make payments when due and the Consultant incurs any costs in order to collect overdue sums from the Client, the Client agrees that all such collection costs incurred shall immediately become due and payable to the Consultant. Collection costs shall include, without limitation, legal fees, collection agency fees and expenses, court costs, collection bonds and reasonable Consultant staff costs at standard billing rates for the Consultant's time spent in efforts to collect. This obligation of the Client to pay the Consultant's collection costs shall survive the term of this Agreement or any earlier termination by either party. H-4. SUSPENSION OF SERVICES If the Client fails to make payments when due or otherwise is in breach of this Agreement, the Consultant will suspend performance of services upon five (5) calendar days written notice to the Client. The Consultant shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. Upon payment in full by the Client, the Consultant shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for the Consultant to resume performance. H-S. TERMINATION OF SERVICES If the Client fails to make payment to the ConSUltant in accordance with the payment terms herein, this shall constitute a material breach of this Agreement and shall be cause for termination of this Agreement by the Consultant. Either party may terminate this Agreement without cause upon giving the other party not less than seven (7) calendar days' written notice. In the event of termination of this Agreement by either party, the Client shall within seven (7) calendar days of termination pay the Consultant for all services rendered by the ConSUltant up to the date of termination, in accordance with the payment provisions of this Agreement. H-G. SET -OFFS, BACKCHARGES, DISCOUNTS Payment of invoices shall not be subject to any discounts or set-offs by the Client, unless agreed to in writing by the Consultant. Payment to the Consultant for services rendered shall be due and payable regardless of any subsequent suspension or termination of this Agreement by either party. ENTIRE AGREEMENT This agreement, comprising pages one (1) through seven (7) is the entire Agreement between R.E. CHISHOLM Architects, Inc., and City of South Miami . It supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by authorized representatives of both parties listed above. Page 6 of 7 R.E. Chisholm Architects, Inc. C 4921 Southwest 74th Court, Miami, Florida 33155 c Architecture Planning Interiors 305.661.2070 F. 305.661.6090 [] bob@chisholmarchitects.com c AR0007442 ID0003684 PROPOSAL ACCEPTANCE Should this proposal be found acceptable, please return an executed copy to our attention. Receipt of same will constitute our Notice to Proceed with the above noted work. ARCHITECT: R.E. CHISHOLM ARCHITECTS, INC. Date: Name: Robert E. Chisholm FAIA, NCARB Chairman CLIENT: City of South Miami Date: Name: Page 7 of 7 R.E. Chisholm Architects, Inc. C 4921 Southwest 74th Court, Miami, Florida 33155 c Architecture Planning Interiors 305.661.2070 F. 305.661.6090 c bob@chisholmarchitects.com c AR0007442 ID0003684 PROFESSIONAL SERVICE AGREEMENT General Services THIS AGREEMENT made and entered into this <t\h day Of~~l' , 201L by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida and ~E &\<!Oholw-. Aa"(,,.:-\euk;J:: "'<:.-. authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT". In consideration of the premises and the mutual covenants contained in this AGREEMENT, the CITY OF SOUTH MIAMI, through its City Manager, agrees to add the CONSULTANT to the City's roster of professional service providers for a period ending on Au@!O± Co l.;>OI \p , and the CONSULTANT agrees to be ayailable, continuing basis, to perform professional services in connection with project(s) where the basic estimated construction costs of each individual project does not exceed $2,000,000.00 or where the individual study does not exceed $200,000.00, herein after called the "SERVICES". 1.0 General Provisions 1.1 The CONSULTANT may be awarded work and issued a Notice to Proceed to provide professional services for a project, for a portion of a project, or for discrete tasks on a project. Additional Professional Services, for the purpose of reviewing work performed by other professional consultants or for other miscellaneous engineering services that may be required. 1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the City Manager, or his designee, hereinafter referred to as ·CITY·, The City of South Miami reserves, at all times, the right to perform any and all engineering work in-house or with other engineers. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the City of South Miami, nor does it obligate the City of South Miami in an y manner to guarantee work for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the City of South Miami outside of this AGREEMENT. 1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the work; the time needed to complete the WORK and the fee ~or the services to be rendered in connection with the WORK. 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with the preparation of any proposal. 1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this AGREEMENT promptly after each Notice to Proceed. Professional Service AGREEMENT T pepe©09-06-13 Page 1 of 32 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which the CONSULTANT'S presence is required. 1.7 The CITY may designate ~ representative who, on behalf of the City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of the CONSULTANT'S services. The CONSULTANT shall keep the CITY'S representative advised on the project status at all times. 1.8 The CITY agrees to issue all directives and approval in writing. 2.0 Professional Services 2.1 General Services The professional services to be provided by the consultant may be one or more of the following, and include but not limited to: A. Roadway Engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic control devices, stripping, lighting, irrigation, speed reduction devices and residential landscaping. B. Drainage Design includes the necessary analysis needed to implement proposed drainage improvements, preparation of paving and drainage plan for municipal building and facilities. C. Civil Engineering, to include Distribution Systems Improvement / Analysis and design and Sanitary Sewer System Evaluation and design. D. Environmental Engineering, including, site investigation and design needed to prepare remediation plans to mitigate underground storage tanks, hazardous waste materials and asbestos materials. E. Traffic Engineering Services will include daily volume counts, data analysis, preparation of conceptual improvements plan, present reports and recommendations to stakeholders and preparation of final traffic engineering report. F. Architectural Services to provide drawings and specifications for new constructions as well as additions and renovations; attend meetings with City staff and presentations to City Commission; provide plans developed on AutoCAO latest version and copies of reproducible hard copy and diskette of plans in the requested format. G. Landscape Architecture including providing drawings and specifications for landscape projects; site master planning, analysis and deSign, urban design plans/concept diagrams, open space planning, analysis and design; community planning, analysis and design; natural resource planning analysis and design; Parks design; renderings/modeling; provide plans developed on AutoCAD latest version and copies of reproducible hard copy and diskette of plans in the requested format. H. Registered Surveying and Mapping Other incidental services associated to the above items. Professional Service AGREEMENT Tpepe©09-06-13 Page 2 of 32 2.2 Design & Construction -Basic Services The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through 2.2.6. The scope outlined below is applicable in its entirety to projects for which completed Basic Services are authorized. Upon authorization to proceed from the CITY, the CONSULTANT agrees to provide complete professional services for any portion or all of the six Phases outlined below applicable to its profession. The CONSULTANT agrees to co-ordinate its effort with that of any other providers of professional services to assure a coordinated and complete WORK. In a multi-professionally consulted project, the lead CONSULTANT, as designated by the CITY, shall prepare the final bid package including bid documents and specifications, which shall be prepared by, and be the responsibility of the respective disciplines. 2.2.1 Phase I-Preliminary and Schematic Design: A. The CONSULTANT shall confer with representatives of the CITY and the end user to determine the full scope of the Project that will meet the program requirements, an~ shall advise the CITY if, in the CONSULTANT'S opinion, the allocated funds are adequate to accomplish the program requirements, as defined by an individual purchase order for the specific work to be performed. B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the program requirements will be met. C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise), Schematic Design Studies (unless advised otherwise) as defined below, and the Statement of Probable Construction Cost. D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion date on each Phase of the Project through design, bidding, construction, and proposed date of completion. E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blowup of the Site (if applicable) showing Project orientation, and a brief summary of all pertinent planning criteria used for the Project. F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations, sections, etc. as required to showtne scale and relationship of the parts and the design concept of the whole. A simple perspective sketch, rendering, model or photograph thereof may be provided to further show the design concept. G. The CONSULTANT shall present the Schematic design studies to the appropriate commission, committee, agency or board (hereinafter collectively referred to as "Boards") for their approval when the project requires such approval. The Consultant shall make copies necessary for presentation to the Board at no additional cost to City. H. The CONSULTANT shall present the schematic design studies to all the appropriate utility companies (such as FPL, Southem Bell, Dynamic Cable, MDWASA, etc.) for any conflict with their utilities. Professional Service AGREEMENT Tpepe©09-06-13 Page 3 of 32 I. The Statement of Probable Construction Cost shall include estimated cost of the Project including fixed equipment, professional fees, contingencies (if any), escalation factors adjusted to the estimated bid date, movable estimate (if any). and utility service extensions (if applicable). The CONSULTANT'S opinions of probable Total Project Costs and Construction Cost are to be made on the basis of the CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as an experienced and qualified professional. familiar with the local construction industry and prices. J. The CONSULTANT shall submit and present two (2) copies of all documents required under this Phase. without additional charge, for approval by the CITY and it shall not proceed with the next Phase until directed by the CITY in writing. 2.2.2 Phase II -Study and Design Development: A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development Documents, comprising the drawings. outline specifications and other documents to fix and describe the size and character of the entire Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed Project Timetable (updated), Outline Specifications, Updated Statement of Probable Construction Cost, and Design Development Drawings, etc., as required to clearly delineate the Project. If the Updated Statement of Probable Construction Cost exceeds the allocated funds, feasible cost or scope reduction options shall be included. c. The CONSULTANT shall submit and present two (2) sets of all documents required under this Phase. without additional charge, for approval by the CITY and nct proceed with the next Phase until directed by the CITY in writing. D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make certain they remain within the total allocated budget. A Notice to Proceed to Phase III will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase III -Final Design I Construction Documents Development: A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project including the Proposal (Bid) Form and other necessary information for bidders, Conditions of the Contract. and Complete Drawings and Specifications. The CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the City of South Miami Standard forms for the preparation of the proposal (bid) forms, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications, for completeness prior to use and shall supply all needed additional specifications. The final draft of the construction documents shall meet the requirements of and be approved by the City Attorney. B. The Construction Documents shall be prepared in a manner that will assure clarity of line work, notes, and dimensions when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" paper ("D" size), on the CITY's standard sheet format, unless Professional Service AGREEMENT Tpepe©09-06-13 Page 4 of 32 approved otherwise. C. All construction documents shall be submitted in both "hard copy· and electronic media in a mutually agreed upon electronic format, but generally as follows: 1. Non-drawing submittals in Microsoft Office Word format. 2. Drawings in AutoCAD format. 3. GIS files should be in ArcView format Version 3.2. D. When the development of the drawings has progressed to at least 50% completion in Phase III, the CONSULTANT shall submit two {2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. E. The CONSULTANT shall not proceed with the further development until approval of the documents is received from the CITY in writing. The CONSULTANT shall make all changes to documents required by the CITY before proceeding further. A set of the revised documents shall be returned to the CITY after incorporating all of the changes, if any. F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated funds, unless the CITY increases the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enable construction within the project budget. G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies each of the final draft of all drawings, specifications, reports, programs, etc., without additional charge, for a final review and comments or approvals. H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards which would be normally required of any construction project (such as Environmental Review Board, Historical Preservation Board etc.) for the final approval. I. The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from Board review (see paragraph H) if the changes or additions do not alter the scope of the project as determined under paragraph 2.2.1 A. The 100% complete final Construction Documents shall be returned to the CITY for final approval. Upon final approval by the CITY, the CONSULTANT shall furnish to the CITY drawings and specifications, without additional charge to the CITY for bidding purposes, unless instructed otherwise. J. The CONSULTANT shall arrange for "dry runs" and/or make final submissions to appropriate authorities (regulatory agencies to include and not limited to City, County, State or Federal) as necessary, to ascertain that the Construction Documents meet the necessary requirements to obtain all the necessary permits for construction. The CONSULTANT shall respond to all technical questions from regulatory agencies. The CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. Professional Service AGREEMENT Tpepe©09-06-13 Page 5 of 32 2.2.4 Phase IV -Bidding and Negotiation Phase: A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall fumish the drawings and specifications as indicated above for bidding, and assist the CITY in obtaining bids as well as awarding and preparing construction contracts .. The CONSULTANT shall attend all pre-bid conferences. The CONSULTANT shall be present during the bid opening and as part of its assistance to the CITY will tally, evaluate and issue a recommendation to the CITY after verifying bond, insurance documents, questionnaire and reference submitted by the constructor. B. The CONSULTANT shall issue Addenda to the Construction Documents through the CITY as appropriate to clarify, correct or change Bid Documents. C. If Pre-Qualification of bidders is required as set forth in the Request for Qualification, the CONSULTANT shall assist City in developing qualification criteria, review qualifications of prospective bidders, and recommend acceptance or rejection of the prospective bidders. D. If the lowest responsible Base Bid received exceeds the Total Allocate~ Funds the CITY may: 1. Approve the increase in Project Cost and award a construction contract or, 2. reject all bids and rebid the Project within a reasonable time with no change in the Project, or 3. Direct the CONSULTANT to revise the Project scope or quality, or 'both, as approved by the CITY and rebid the Project, or 4. Suspend or abandon the Project, or 5. Exercise all options under the City Charter and State Law. NOTE: Under item (2) and (3) above, the CONSULTANT shall, without additional compensation, assist the CITY in obtaining re-bids, and awarding the re-bid of the project. Under item (3) above, the CONSULTANT shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost within the Total Allocated Funds when the lowest responsible bid is over 15% of the CONSULTANT estimate. All construction contracts must be approved by the City Commission after the City awards the contract for commission approval. E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the CONSULTANT will be considered complete upon Signing of an AGREEMENT with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project. 2.2.5 Phase V -General Administration of the Construction Contract: A. The Construction Phase will begin with the City Commission approval of the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by the CITY. B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and consult with the CITY and shall have authority to act on behalf of the CITY to the extent provided in the General Conditions and as modified in the Supplementary Page 6 of 32 Professional Service AGREEMENT Tpepe©09-06-13 Conditions of the Construction Contract. C. The CONSULTANT shall attend pre-construction meetings. D. The CONSULTANT shall at all times have access to the project wherever it is in preparation or progress. E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the progress of the Project and to determine in general if the WORK is proceeding in accordance with the Contract Documents. On the basis of on-site observations, the CONSULTANT will use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK. The CONSULTANT may be required to provide continuous daily on-site observations to check the quality or quantity of the WORK as set forth in this AGREEMENT and defined by the Scope of WORK issued for the individual project. On the basis of the on-site observations, the CONSULTANT will advise the CITY as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORK. He shall also note the general status and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record drawings. G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine ttie amount due the Contractor on account and he shall recommend approval of the Certificate in such amounts. The recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that, the CONSULTANT certifies to the CITY that the WORK has progressed to the point indicated, and the quality of the WORK is in accordance with the Contract Documents subject to: 1. An evaluation of the WORK for conformance with the Contract Documents upon substantial completion. 2. The results of any subsequent tests required by the Contract Documents. 3. Minor deviations from the Contract Documents correctable prior to completion and acceptance of the project. H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which does not conform to the Contract Documents. Whenever, in its reasonable opinion, the CONSULTANT considers it necessary or advisable to insure compliance with the Contract Documents, it will have authority (with the City's prior approval) to recommend special inspections or testing of any WORK deemed not to be in accordance with the Contract Documents whether or not such WORK has been fabricated and delivered to the Project, or installed and completed. I. The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. Professional Service AGREEMENT Tpepe©09-06-13 Page 7 of 32 J. The CONSULTANT shall review and recommend action on proposed Change Orders initiated by others, and initiate proposed change orders as required by its own observations or the requirement of the CITY. K. The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project. A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may be required by applicable codes, laws, policy regulations, the specifications and the other Contract Documents and deliver them to the CITY. L. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to, 1) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems, and, 3) final clean-up of the project. M. The CONSULTANT shall provide the contractor with three sets of drawings labeled "Construction Plans" for permit from Public Works. 2.2.6 Phase VI -Post Construction Administration A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by the CITY, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational in a safe and effective manner. 8. The CONSULTANT shall fumish to the CITY, reproducible record (as-built) drawings updated based on information furnished by the Contractor; such drawings shall become the property of the CITY. C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the guarantee/warranties for correction. The CONSULTANT shall assist the CITY with the administration of guarantee/warranties for correction of defective WORK that may be discovered during the said period. D. The CONSULTANT shall furnish the City with a 3-ring binder labeled "Close-out Documents" that will include, as a minimum, a copy of: • Certificates of completion • As-Builts (1/2 size) • Test Results • Daily construction inspection reports • Progress meeting minutes • Approved shop drawings Professional Service AGREEMENT Tpepe©09-06-13 Page 8 of 32 • Warranty manuals as applicable • Final release of liens • Final payment to contractor 2.3 Additional Professional Services Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for design and construction, as defined in this AGREEMENT, but which are additional services which may be authorized within the Scope of Work given the CONSULTANT. A. Special analysis of the CITY'S needs, and special programming requirements for a project. B. Financial feasibility, life cycle costing or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities, systems and equipment, which are not intended to be constructed as part of a specific Project. E. Services to investigate existing conditions (excluding utilities) or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the CITY. F. Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material, equipment and labor required for a Project. G. Consultation concerning replacement of any WORK damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Basic Services as may be required relative to replacement of such WORK, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. H. Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. I. Making major revisions changing the Scope of a project, to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and/or scheme or any portion). J. The services of one or more full-time Project Representatives. K. Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding in connection with a Project. L. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services. M. Preparing supporting data, drawings, and specifications as may be required for Change Professional Service AGREEMENT Tpepe©09-06-13 Page 9 of 32 Orders affecting the scope of a Project provided the Changes are due to causes found by the CITY to be beyond the control of the CONSULTANT. 3.0 Time for Completion The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and , shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK assigned to him based on the Scope of such WORK. Upon AGREEMENT of a fee, the CITY will issue a written authorization to proceed to the CONSULTANT. In case of emergency, the CITY reserves the right to issue oral authorization to the CONSULTANT, with the understanding that written confirmation will follow immediately thereafter as possible. For reproduction of plans and specifications, beyond the requirements as identified under this AGREEMENT the CITY will pay the direct costs. The fees for Professional Services for each Project shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT: Professional Service AGREEMENT Tpepe©09-06-13 Page 10 of 32 Hourly Rate Fee The CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the following: City Of South Miami! Palmer Park I 1/12/14 Category Pay Rate Hour X Multi. Principal $55.55 x 2.7 Project Manager $38.88 x 2.7 Senior Engineer $38.88 x 2.7 Engineer $31.48 x 2.7 Construction Manager $31.48 x 2.7 Construction Inspection $38.88 x 2.7 Senior DraftsmanIT echnicallCADD Operator $24.07 x 2.7 Draftsmen $20.37 x 2.7 Data Processing I Clerical $16.67 x 2.7 Hourly rates will include all wages, benefits, overhead and profit. Professional Service AGREEMENT T pepe©09-06-13 Page II of 32 Hourly Rate $150 $105, $105 $85 $85 $105 $65 $55 $45 5.0 Payment and Partial Payments The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phase: • 15% upon completion and approval of Phase I. • 35% upon completion and approval of Phase II. • 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase III. • 75% upon 100% completion and approval of Phases III and IV. • 90% upon completion of the Project and approval of all WORK Phase V). • 100% upon final completion and approval of WORK elements A and B of Phase VI. The CONSULTANT shall submit an original invoice to the City's project representative for each payment certifying the percentage of the WORK completed by the CONSULTANT. The amount of the invoices submitted shall be the amount due for all WORK performed to date, as certified by the CONSULTANT. The request for payment shall include the following information: • Project Name and CONSULTANT's Name. • Total Contract amount (CONSULTANT's lump sum negotiated), if applicable. • Percent of work completed. • Amount earned. • Amount previously billed. • Due this invoice. • Balance remaining. • Summary of work done this billing period. • Invoice number and date. • CONSULTANT's W-9 Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. 6.0 Right of Decisions All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality,amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. Nothing in this section shall mean to deny the right to arbitrate, by either party, in accordance with the appropriate Arbitration Rules of the American Arbitration Association. Professional Service AGREEMENT Tpepe©09-06-13 Page 12 of 32 7.0 Ownership of Documents All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project. Reuse of these documents without written AGREEMENT from the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK under this AGREEMENT is complete all of the above applicable data shall be delivered to the CITY. 8.0 Court Appearances. Conferences and Hearings Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without additional compensation except for any dispute arising out of this contract unless the CONSULTANT or its employee is subpoenaed to testify as a fact witness. The amount of such compensation for expert preparation and testimony or consultation shall be mutually agreed upon and be subject to a supplemental AGREEMENT approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at any time during construction of the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. 9.0 Notices Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when received by the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when received by the CONSU!LTANT or its authorized representative. 10.0 Audit Rights The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 11.0 Subletting The CONSULTANT shall not sublet, assign, or transfer any WORK under this AGREEMENT without the prior written consent of the CITY. 12.0 Warranty The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. Professional Service AGREEMENT Tpepe©09-06-13 Page 13 of 32 13.0 Termination of AGREEMENT It is expressly understood and agreed that the CITY may terminate this AGREEEMENT without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the CONSULTANT shall be payment for the WORK previously authorized and performed in accordance with the provisions of this AGREEMENT, such payment to be determined on the basis of the WORK performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time subsequent to date of termination for which no work was performed. 14.0 Duration of AGREEMENT This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. 15.0 Renewal Option This AGREEMENT may be renewed,· at the sole discretion of the CITY, for an additional period, including renewals of one (1) year; however, in no event shall the total term, including any additional periods and renewals, exceed five (5) years. 15.0 Renewal Option This AGREEMENT may be renewed, at the sole discretion of the CITY, for an additional ;,period not to exceed a total contract period, including renewals, of five (5) years. 16.0 Default In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify him in writing. In such event, the CONSULTAtfT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear us own costs and legal fees. 17.0 Insurance and Indemnification The CONSULTANT shall maintain during the term of this AGREEMENT the insurance as set forth in "Attachment A, Insurance and Indemnification" to this AGREEMENT. 18.0 AGREEMENT Not Exclusive Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 19.0 Codes, Ordinances and Laws The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, County, state and federal codes, ordinances, rules, regulations and laws in effect at the time of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the Request for Qualifications applicable to this AGREEMENT. Professional Service AGREEMENT Tpepe©09-06-13 Page 14 of 32 20.0 Taxes CONSULTANT shall be responsible for all payments of federal, state, and/or local taxes related to the Operations, inclusive of sales tax if applicable. 21.0 Drug Free Workplace CONSULTANT shall comply with the Drug Free Workplace policy set forth in attachment # two which is made a part of this AGREEMENT by reference. 22.0 Independent Contractor CONSULTANT is an independent entity under this AGREEMENT and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 23.0 Duties and Responsibilities CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and City, which may be applicable to the service being provided. 24.0 Licenses and Certifications CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 25.0 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, and approved by the City Commissioner if required by municipal ordinance or charter. 26.0 JUry Trial CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 27.0 Validity of Executed Copies This AGREEMENT may be executed in several counterparts, each of which may be construed as an original. 28.0 Rules of Interpretation Throughout this AGREEMENT the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words SUbstituted for singular wherever applicable. Professional Service AGREEMENT Tpepe©09-06-13 Page 15 of 32 29.0 Severability If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 30.0 Non-Waiver CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. 31.0 No Discrimination No action shall be taken by the CONSULTANT which would discriminate against any person on the basis of race, creed, color, national origin, religion, sex, familial status, ethnicity, sexual orientation or disability. The CONSULTANT shall comply with the Americans with Disabilities Act 32.0 Equal Employment In accordance with Federal, State and Local law, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color, ethnicity, religion, sex, sexual orientation, national origin or handicap. The CONSULTANT shall comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract. 33.0 Governing Laws This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 34.0 Effective Date This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto and the effective date shall be the date of its execution by the last party so executing it. 35.0 Third Party Beneficiary It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 36.0 Further Assurances Professional Service AGREEMENT Tpepe©09-06-13 Page 16 of 32 The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the AGREEMENT. 37.0 Time of Essence Time is of the essence of this AGREEMENT. 38.0 Interpretation This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 39.0 Force Majeure Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 40.0 Notices Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e- mail, facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the delivery confirmation or if by certified mail, the ~ate on the return receipt or the date shown as the date same was refused or unclaimed. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: . To CITY: / With copies by U.S. mail to: To CONSULTANT: Professional Service AGREEMENT Tpepe©09-06-13 City Manager, __ _ 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: City Attorney, Thomas Pepe, Esquire 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov Page 17 of 32 IN WITNESS WHEREOF, this AGREEMENT is accepted on the date first.i ve written subject to the terms and conditions set forth herein. ./ ATTESTED: By Professional Service AGREEMENT Tpepe©09-06-13 CONTRACT9f By:. II Robert E.iCtilsholm, FAIA Chairman (Print Narpe Above) \ CITY OF SOUTM-III11tA.MI Page 18 of 32 Attachment A Insurance and Indemnification Professional Service AGREEMENT Tpepe©09-06-13 Page 19 of 32 RECHISH-02 JAN ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 11/1212014 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 POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSmUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlflcate holder Is an ADDITIONAL INSURED, the pollcy(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 CONTACT NAME: Acrisure, LLC d/b/a InSource rllg N,fo Extl: (305) 670-6111 U~, No): (305) 670-9699 9500 South Dadeland Boulevard 4th Floor E-MAIL ADDRESS: Miami, FL 33156-2867 INSURER(S) AFFORDING COVERAGE NAlC' INSURER A : Underwriters at Lloyd's London INSURED INSURERB: R E Chisholm Architects Inc. INSURERC: Robert Chisholm INSURERD: 4921 SW 74th Ct Miami, FL 33155 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER' 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. NOlWITHSTANDING 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. INSR TYPE OF INSURANCE rNSD Wvo· (M~M%~ 1cr:~M~~ UMITS LTR POUCY NUMBER COMMERCIAL GENERAL LIABlUTY EACH OCCURRENCE $ r-D CLAIMS-MADE D OCCUR =1S'E~'ttFa~~l r-$ r-MED EX? (Anyone person) $ PERSONAL & ADV INJURY $ ;--- R'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ DPRO-D POLICY JECT LOC PRODUCTS· COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY ~~~~~INGLE LIMIT $ r- ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS -AUTOS BODILY INJURY (Per accident) $ I--NON-OWNED rp~:~;;~g_GE HIRED AUTOS -AUTOS $ I-- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ I-- EXCESS LIAB ctAtMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LlABIUTY YIN I PER I STATUTE 10TH-ER ANY PROPRIETORIPARTNERlEXECUTIVE D NIA E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatcxy In NH) E.L DISEASE -EA EMPLOYEE $ grssc~rt¥r~~ 'tl'~~PERATIONS below E.L. DISEASE -POLICY LIMIT $ A [Architects/Engineers 14AE039917205 01/1612014 01/1612015 per claim/aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS lVEHICLES (ACORD 101, AddItional Ramarks Schedule, may be attached If more apace Is requl .... d) Architects & Engineers Professional Liability Claims Made Coverage Deductible: $10,000 per clalml$30,OOO Aggregate Retroactive Date: 1/10/1992 CERTIFICATE HOLDER City of South Miami 4795 SW 75th Avenue Miami, FL 33155 I ACORD 25 (2014101) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WrrH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~ SO/r © 1988-2014 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD .-----, .. ANM I DATE (MMIDDNYYY) .A.CC>R CJi CERTIFICATE OF LIABILITY INSURANCE ~. ROOI 11/12/2014 THIS CERTIFICATEIS 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(ies) must be endorsed. If SUBROGA TIONIS WAIVED. subject to the tenns and condHions 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). PRaOUCER CONTACT NAME: INSOURCE/PHS PHONE IrAX 443-6112 (NC.No.~): (866) 467-8730 (AIC. No): ( 8 8 8 ) 226159 P: (866) 467-8730 F: (888) 443-6112 E-MAIL ADDRESS: PO BOX 29611 INSURER(S) AFFORDING COVERAGE NAlC# CHARLOTTE NC 28229 INSURER A: Hartford Casualty Ins Co 29424 INSI.JRED INSURERB: INSURERC: R E CHISHOLM ARCHITECTS, INC. INSURERD: 4921 SW 74TH CT INSURERE: MIAMI FL 33155 INSURERF: COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ,~; = ,TIl POUCY NUMBER POUCYEFF POUCYEXP UMIlS COMMERCIAL GENERAL UABIUlY EACH OCCURRENCE $1,000,000 CLAIMS-MADE GOCCUR DAMAGE TO RENTED .300,000 PREMISES (Ea O""""'lnCO) A X General Liab X 21 SBA VJ1701 06/24/2014 06/24/2015 MED EXP (Any one po"",n) .10,000 - PERSONAL & MJV INJURY $1,000,000 -$2,000,000 ~'lAGGREGATE UMIT APPLIES PER: GENERAL AGGREGATE 0 PRO-D PROOUCTS -COMP/OP AGG .2,000,000 POLICY X JECr LOC OTHER: • AUTOMOBilE UABIUlY COMBINED SINGLE LIMIT $1,000,000 (Ea aeddon!) i- AN'{ AUTO BODILY INJURY (per pe"",n) $ i--All OWNED -SCHEDULED A AUTOS AUTOS 21 SBA VJ1701 06/24/2014 06/24/2015 BODilY INJURY (per accidont) $ rx HIRED AUTOS X NO~WNED PROPERlY DAMAGE AUTOS (Par aeddont) $ I--$ X UMBRELLA UAB MOCCUR EACH OCCURRENCE .1,000,000 A I- EXCESSUAB CLAIMS-MAOE 21 SBA VJ1701 06/24/2014 06/24/2015 AGGREGATE $1,000,000 oJ X IRETENTlONS 10,000 • WOBKBBS COMPlINSA..1l0N I~~~TUTE I I~~H. AND EMPLOYERS' UABlLITT ANY PROPRIETORIPARTNERlEXECUllVE YIN E.L. EACH ACCIDENT OFFICERIMEMBER EXCLUDED? D NlA -(frflUldataty In NHJ E.L. DISEASE-EA EMPLOYEE 1$ -If yes. describe under E.L. DISEASE-POLICY LIMIT • DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERA'fIONS1 LOCATIONS IVEHICLES (ACORD 101, AddltlonalRemattal Schedule. may be _If mo", space Is required) Those usual to the Insured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage Form SSOO08 attached to this policy. 30 DNOC applies in favor of the Certificate Holder CERTIFICATE HOLDER CANCELlATION SHOULD Am OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of South Miami AUTHORIZED REPRESENT A 1JVE . 4795 SW 75TH AVE 7~ 7~~~ MIAMI, FL 33155 ACORD 25 (2014101) © 1988-2014 ACORD CORPORATION. All nghts reserved. The ACORD name and logo are registered marits of ACORD .-----, .. ASW I DATE(MMiDDIYYYY) ACC>RC> CERTIFICATE OF LIABILITY INSURANCE ~ ROOl 11/12/2014 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFARMATIVELY 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. IMPORT ANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions ofthe policy, certain policies may require an endorsement: A statement on this certiflcaledoes not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PAYCHEX INSURANCE AGENCY INC PHONE IrA>< 443-6112 (NC. No. Ext): (NC. No): (8 8 8 ) 210705 P: F: (888) 443-6112 E-MAIL AOORESS: PO BOX 33015 INSURER(S) AFFORDING COVERAGE lWei SAN ANTONIO TX 78265 ~S~RA: Twin City Fire Ins Co 29459 INSURED ~SURERB: ~SURERC: R E CHISHOLM ARCHITECTS, INC. ~SURERD: 4921 SW 74TH CT ~SURERE: MIAMI FL 33155 ~SUReRF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED B.ELOW 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. UVSR TYPE. OF INSU1U.NCE. '!z.~; IS':::: POUeY NUMBER POUeYEFF POUCYE.XP UMITS I.TR· COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I ClAIMS-MADE DOCCUR DAMAGE TO RENTED PREMISES (Ea occurronoo) ~ MEO EXP (Anyone person) 1$ - PERSONAL & AnV INJURY 1$ -GENERAl AGGREGATE ~ ~N'L AGGREGATE LIMIT APPLIES PER: DPRO-D PRODUCTS. COMP/oP AGG ~ POLICY JECT LOC OTHER: AUTOMOBILE LIABIUTY COMBINEO SINGLE LIMIT (Ea accident) - ANY AUTO BOOII. Y iNJURY (per person) $ -AU. OWNED -SCHEDULED AUTOS AUTOS BOOK. Y INJURy (per accident) $ r---NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (PeracddeN) ~ r--,..-- ~ UMBRELLA lIAB HOCCUR EACH OCCURRENCE ~ - EXCESS lIAB CLAlMs.MADE AGGREGATE ~ OEol jRE"I"ENTION S WOIIKE.8S COMPENSA'I10N 1 PER I I~· AND BNPLOY6R.S' UABIUTY X STA1\JTE ANY PROPRIETORl?ARTNERlEXECllTlVE YIN E.l. EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? 0 NlA J-- A (&fandat<ny In NH) 76 WEG GC4601 12/24/2013 12/24/2014 E.L. DISEASE· EA EMPLOYEE 1,000,000 -If yes. describe under E.L. DISEASE· POUCY UMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCA TIONS I VEHICLES (ACORD 101, Additional Remarlca Sch_la, may be attachad If motv .pace Is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of South Miami BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Professional Service Agreement AUTHORIZED REPRESENTA71VE ~ 4795 SW 75TH AVE 7~ 7~L-~ MIAMI, FL 33155 © 1988-2014 ACORD CORPORATION. All nghts reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Insurance and Indemnification Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and forwhich the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Liability Insurance: A. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: (1) Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub-Contractors or assigns, or by any person employed or retained by him in connection with this Contact. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Contact. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. (2) Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. (3) Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; Professional Service AGREEMENT Tpepe©09-06-13 Page 20 of 32 • Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. • Umbrella: $1,000,000 per claim Umbrella Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. (4) Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional Five Million Dollar ($ 5,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership B. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM must provide a "certified copy" of the Policy (as defined in Article 1 of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (a) an endorsement to the policy stating: "The City of South Miami is an additional named insured with the right but not the obligation to pay any unpaid premium and providing that the city does not have any duty or obligation to provide first notice of cia im for any liability it incurs and that arises out of the acts, omissions or operations of the named insured. The insurer will pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", "property damage", or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (b) an endorsement that states: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami 10 days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City.· C. SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the Professional Service AGREEMENT Tpepe©09-06-13 Page 21 of 32 subcontract shall contain the same insurance provision as set forth in section A and B above and substituting the word SUBCONTRACTOR for the word FIRM and substituting the word FIRM for CITY where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure by theFIRM, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Property Insurance on buildings and structures, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement value of the insured property. The policy shall be in the name of the CITY and the FIRM, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in Section B hereinabove shall apply to this coverage unless it would be clearly not applicable. Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. The CITY shall have the option, but not the duty, to pay any unpaid premium and the right to terminate or cancel the policy thereafter without notice to FIRM or liability on the part of the CITY to the FIRM for such cancellation. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a ·severability of interest" or "cross liability· clause wuhout obligation for premium payment of the CITY. I ndemn ification: The FIRM shall indemnify and save the CITY harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the FIRM, its Sub-Contractor or any of their agents, representatives, employees, or assigns, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the FIRM's obligations under this AGREEMENT. The FIRM shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the CITY's attorney's fees and expenses in the defense of any action in law or equity brought against the CITY arising from the negligent error, omission, or act of the FIRM, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the FIRM's obligations under this AGREEMENT. The FIRM agrees and recognizes that the CITY shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the FIRM, its sub-contractors or any of their agents, representatives, employees or assigns. In reviewing, approving or rejecting any submissions or acts of the FIRM, the CITY in no way assumes or shares responsibility or liability of the FIRMS, its Sub-Contractors, or any of their agents, representatives, employees or assigns. Professional Service AGREEMENT Tpepe©09-06-13 Page 22 of 32 Exhibit 2 "Affidavits and Forms'; (Respondents must complete and submit with their proposal.) Professional Service AGREEMENT Tpepe©09-06-13 Page 23 of 32 EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1. Respondent's Sworn Statement under Section 287. I 33(3)(A), Florida Statutes, on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. 2. Neither the CONSULTANT, nor any of his/herlits employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the CITY, and shall agree not to undertake any other private representation which might create a conflict of interest with the CITY. The CONSULTANT may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. 3. All proposals received will be considered public records. The CITY will consider all quotations using such criteria as the Commission or City Manager may adopt at either of their sole discretion. The CONSULTANT selected will be required to enter into a formal AGREEMENT with the CITY in a form satisfactory to the CITY, prior to the execution of which the CITY shall reserve all rights. including the right to change its selection. 4. Respondent's Attachment #2 "Drug Free Workplace" form shall be completed and provided with the proposal submittal. 5. Respondent's Attachment #3 "No Conflict of Interest Non Collusion Affidavit," shall be completed and provided with the proposal submittal. 6. Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards," shall be completed and provided with the proposal submittal. 7. Respondent's Attachment #5 "Related Party Transaction Verification Form" shall be completed and provided with the proposal submittal. Page 24 of 32 Professional Service AGREEMENT Tpepe©09-06-13 ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor .. supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. The CONSULTANT must disclose the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of South Miami by Robert E. Chisholm FAIA. Chairman [print name of the public entity] [print individual's name and title] for RE Chisholm Architects Inc. £print name of entity submitting swom statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0131871 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida S1atutes, 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 ofeny other state or of 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. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I)(b), Florida Statutes, 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 I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contender. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) 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" inclucles 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 any 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 Professional Service AGREEMENT Tpepe©09-06-13 Page 25 of 32 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. 5. I understand that a "person" as defined in Paragraph 287.133 (I )(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 led 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. 6. Based on information and belief, the statement which I have marked below is true in relation to _______________ the entity submitting this sworn statement. [Indicate which statement applies.] _ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and th e Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31'OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Robert E. Chisholrrl'fAIA, Chairman [s;gnature) ~ Sworn to and subscribed before me this (1... day of, 20...:',-4.1.-__ ~personallY known or II P<educed ~enlffication ~ flu-<-Notary Public -State of [ My commission expires (Type of identification) (Printed, typed or stamped commissioned name of notary public) Professional Service AGREEMENT Tpepe©09-06-13 Page 26 of 32 -""'" . C R $~~v.f.t!",., Jacqueline . asco s%f'~"~ ~ COIN;SS:ON # EE 124579 ~~~~~""§EXFIRES; AUG. 23,2015 ~""'!!';.~\~~~ WWW.AARONNOTARY.com ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has im plemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug-free workplace program, a business shall: 1. 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. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations .. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4. In the statement specified in Subsection (I), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee witt abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace ftC later than five (5) days after such conviction. 5. 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, byany employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSER' s Signature: Print Name: Date: RE Chisholm Architects Inc. Robert E. Chisholm FAIA, Chairman 11/12/14 Page 27 of 32 Professional Service AGREEMENT Tpepe©09-06-13 ATT ACHMENT #3 "NO CONFLICT OF INTEREST/NON COLLUSION AFFIDAVIT" Submitted this ~day of November ,20.1L, The undersigned, as CONSULTANT, declares that the only persons interested in this AGREEMENT are named herein; that no other person has any interest in this AGREEMENT; That this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The CONSULTANT agrees if this response/submission is accepted, to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the CONSULTANT and the CITY, for the performance of all requirements to which the response/submission pertains. The full-names and residences of persons and firms interested in the foregoing bid/proposal, as RE Chisholm Architects Inc. 4921 SW 74 COURT Miami. FL 33155 Robert E. Chisholm FAIA 737 Jeronimo Dr. Coral Gables, FL 33146 Mathew Polak AlA AP. 947 Cortez Street Coral Gables, FL 33134 principals, are as follows: Robert E. Chisholm FAIA, Chairman Mathew Polak AlA LEED AP, President The CONSULTANT further _____________ certifies that this response/submission complies with section 4(c) of the Charter of the City of South Miami, Florida. That, to the best of its k. ledge and belief, no commissioner, Mayor or other officer or employee of the CITY has an inter st directly or indirectly in the profits or emoluments of the Contract, job, work or service t7 w ich the response/submission pertains. Signature: •. J .; Printed Name: iR b~rt E. Chisholm FAIA Title: Chairman Telephone: 305.661.2070 Professional Service AGREEMENT Tpepe©09-06-13 Page 28 of 32 Company Name: NOTARYPUB~C: "~~~ STATE OFrL-O{II.W'T' COUNTY OF ~ -~- ""II"l J . f$.tJ:V.f.~ acquelme C. Rasco =~'r.aI·::<!:COMMISSION lEE 124579 :.~~,A:~:EXP ~;'~""iI'l IRES: AUG. 23,2015 ~"~~\\~ WWW.AARONNOTAR'r:com The foregoing instrument was acknowledged before me this 11.... day of NO\fP~---iL-.20 by SEAL Professional Service AGREEMENT Tpepe©09-06-13 (name of person whose signature is being notarized) who is VfJersonally known or Page 29 of 32 __ Personal identification Type of Identification Produced / Did take an oath, or Did Not take an oath. (Name of Notary Public: Print, Stamp or type as commissioned.) ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We, , (Name of Contractor), hereby acknowledge and agree that as CONSULTANT, as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names): (Not Applicable) to comply with such act or regulation. CONTRACTOR BY ________________________ _ Name Title Professional Service AGREEMENT Tpepe©09-06-13 Page 30 of 32 Witness ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM" Robert E. Chisholm FAIA , individually and on behalf of RE Chisholm Architects ("Firm") [Name of Representative] Inc. [Company/Vendor/Entity] have read the City of South Miami (CITY)'s Code of Ethics, Section BA-1 of the CITY's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: 1. Neither I nor the Firm have any conflict of interest (as defined in section BA-I) with regard to the contract or business that I, and/or the Firm, am (are) about to perform for, or to transact with, the CITY, and 2. Neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section BA-I, who is an employee of the CITY or who is(are) an appointed or elected official of the CITY, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the CITY, and 3. Neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the CtTY or has a financial interest, direct or indirect, in any business being transacted with the CITY, or with any person or agency acting for the CITY, other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be Signed under oath). 4. No elected and/or appointed official or employee of the City of Miami, or any of their immediate family members (Le., spouse, parents, children, brothers and sisters) has a financially interest, directly or indirectly, in the contract between you and/or yoor Firm and the CITY other than the following individuals whose interest is set forth followiflg their names: {use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). The names of all CITY employees and that of all elected and/or appointed CITY officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm areas follows: ______________ (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). 5. I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the CITY, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. 6. I and the Firm hereby acknowledge that we have not contracted or transacted any Page 31 of 32 Professional Service AGREEMENT Tpepe©09-06-13 business with the CITY or any person or agency acting for the CITY, and that we have not appeared in representation of any third party before any board, commission or agency of the CITY within the past two years other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a spouse, son, daughter, parent, brother or Sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any CITY employee; or (iii) any member of any board or agency of the CITY other than as follows: ______________ (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). 7. No other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the CITY in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents: children, brothers and sisters) have also responded, other than the following: , (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). 8. I and the Firm agree that we are obligated to supplement this Verification Form and inform the CITY of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. 9. A violation of the CITY's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any AGREEMENT with the CITY, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent eryo to investigate the matters to which I am attesting hereinabove and that the statements made herein 0 e are true and correct to the best of my knowledge, information and belief. /. /1 ____ Signature: r V ~ Print Name & Title: RE Chisholm Architects Inc. RObe1 E. Chisholm FAIA, Chairman Date: 11/12/14 Professional Service AGREEMENT Tpepe©09-06-13 Page 32 of 32 ... level: i OS ... Account StlituS: 3012000 5726450 Li ;~~CUl'1t lnf;rmaticn Descfiption: RECREATION, COMM / MATCHH>lG CONTR! Fisca!Year: 2015 Salance Type: DR 651,389.00 Posted: 30A07,00 Unposted: 0.00 Encumbrances: 117,215.15 Unposted Encumbrances: 0.00 Pre· Encumbrances: 2,460.00 Total Exp & Ene: 150,082,15 UI,encumbered 6aiMCe! 501,306.85