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Res No 011-21-15631RESOLUTION NO.: 011-21-15631 A Resolution authorizing the City Manager to procure professional services from SRS Engineering, Inc. for initial data collection and concept plans regarding a new community building and additional tennis court improvements at Dante Fascell Park. WHEREAS, pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services.. City staff desires to engage SRS Engineering, Inc. ("SRS") to provide initial data collection documents (i.e. field investigations, surveying and mopping, elevations, geotechnical engineering, tree survey reports and mops) and concept plans for a new community building and additional tennis clay court improvements at Dante Fascell Park; and WHEREAS, the purpose for this initial process is to collect and analyze data, review multiple concepts and preliminary construction costs for each concept to determine the desired facilities and layout at the park; and WHEREAS, furthermore, this initial process allows staff to determine applicable professional a/e design fees for future services related to this project; and WHEREAS, upon completion of the initial design phase, staff will submit a final a/e design proposal for City Commission review pertaining to the development of complete construction documents; and WHEREAS, the proposal/contract amount shall not exceed $30,800. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager is authorized to procure professional services from SRS Engineering, Inc. for initial data collection and concept plans regarding a new community building and additional tennis court improvements at Dante Fascell Park. The total expenditure shall not exceed $30,800 and charged to Parks & Recreation Capital Improvement, account number 301-2000-572-6450, which has a balance of $805,485 before this request was made. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Pagel of 2 Res. No. 011-21-15631 Section 4. 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 S. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 191h day of January 2021. ATTEST: APPROVED: CITY C RK MAYOR READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF 71� �'1�2'1 ATTORNEY COMMISSION VOTE: 5-0 Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 2 of 2 Agenda Rem No:5. City Commission Agenda Item Report Meeting Date: January 19, 2021 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Rem Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to procure professional services from SRS Engineering, Inc. for initial data collection and concept plans regarding a new community building and additional tennis court improvements at Dante Fascell Park. 3/5 (Commissioner Liebman) Suggested Action: Attachments: Memo -Facility & Court Design.docx Resolution -Facility & Court Design.docx SRS Proposal.pdf SRS Professional Service Agreement.pdf ��(I CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER SOLA Miami INTER -OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING To: The Honorable Mayor & Members of the City Commission FROM: Shari Karnali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: January 19, 2021 SUBJECT: A Resolution authorizing the City Manager to procure professional services from SRS Engineering, Inc. for initial data collection and concept plans regarding a new community building and additional tennis court improvements at Dante Fascell Park. BACKGROUND: Pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, City staff desires to engage SRS Engineering, Inc. ("SRS") for initial data collection documents (i.e. field investigations, surveying and mapping, elevations, geotechnical engineering, tree survey reports and maps) and concept plans for a new community building and additional tennis clay court improvements at Dante Fascell Park. The purpose for this initial process is to collect and analyze data, review multiple concepts and preliminary construction costs for each concept to determine the desired facilities and layout at the park. Furthermore, this initial process allows staff to determine applicable professional a/e design fees for future services related to this project. Upon completion of the initial phase, staff will submit a final a/e design proposal for City Commission review pertaining to the development complete construction documents. EXPENSE: Amount not to exceed $30,800. ACCOUNT: The total expenditure shall be charged to account number 301-2000-572- 6450, which has a balance of $805,485 before this request was made. ATTACHMENTS: Resolution Proposal —SRS Engineering, Inc. SRS Professional Service Agreement FF 5001 SW 74TH COURT, SUITE 201. MIAMI, FLORIDA 331 S5 TEL: 305-662-SS89 FAX: 305-662-0959 WWW.SRS-CORP.COM ES-00009319 January 12, 2021 Mr. Quentin Pough, CPRP, CPSI Director, Parks & Recreation Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: City of South Miami Dante Fascell Park New Community Building and Clay Tennis Courts Dear Mr. Pough, We appreciate this opportunity to prepare this Proposal for Professional Services for the referenced project. In accordance with our Professional Services Agreement for General Engineering and Architecture Services, we are submitting our understanding of the Scope of Work and Fee Proposal to provide Engineering Services in connection with the referenced project. The Scope of Work as we understand it at the present time will consist of the preparation of schematic site plans and program for the construction of improvements to Dante Fascell Park located on Red Road and SW 87th Street. Proposed improvements include new community building and 2 to 4 additional tennis courts. All work shall be in accordance with the accepted practices and design standards of the City of South Miami, Miami -Dade County and local regulatory agencies. This work will include the following: Program/Master Plan Package 1. Provide Project Administration services, including attending meetings and coordination with City Staff and Team Consultants (Architect, Landscape Architect, Geotechnical and Surveyor) to discuss project and City requirements 2. Conduct site visit and field investigations as needed for design. 3. Research of existing utilities records and "As -Built" drawings within the project area. 4. Prepare base plans from survey information and incorporating utility as -built information. 5. Assist the Project Architect with the preparation of 3 or 4 schematic site plans to present to City for approval. 6. Attend meeting with City Staff to present schematic site plans for review and comments. 7. A fee proposal for preparation of construction documents shall be prepared once an ultimate site plan is selected and the program scope is determined. January 12, 2021 Page 2 SUBCONSULTANTS The following are professionals contracted be SRS Engineering, Inc. to assist in the preparation of the work outline above. Please see attached consultant's fee proposals for additional information. • Laura M. Perez and Associates, Inc. (Architect) • Curtis + Roger Design Studio (Landscape Architecture) • Suarez Surveying and Mapping (Surveying and Mapping) • NELCO Testing and Engineering Services, Inc. (Geotechnical Engineering) Architectural Services SRS shall contract and coordinate with Laura M. Perez and Associates, Inc. to provide Architectural services as needed for the preparation of the Program/Master Plan Package including: • Conduct site visits to observe existing conditions • Prepare program/master plan including 3 or 4 schemes for the building and site plan area. • LMP and team will review the site assessment and alternatives schemes with City representatives and proceed to develop Schematic Design. • Preliminary construction costs estimates shall also be provided for each of the schemes. Deliverables: Schematic and Master Plan Package. Landscape Architectural Services SRS shall contract and coordinate with Curtis + Roger Design Studio to provide Landscape Architectural services as needed for the design including: • Review site conditions and evaluate existing trees. Trees will be evaluated by an arborist for their condition — and recommendations to retain, remove or relocate will be made. An arborist report will be submitted. • Prepare up to 4 site accommodation studies — showing the desired program on the site and documenting impacts, pros and cons of each study. • Attend meeting with City staff to review accommodation studies and receive input. Deliverables: Schematic and Master Plan Package/landscaping accommodation studies, and Arborist Report. Topographic Site Survey SRS shall contract and coordinate with Suarez Surveying and Mapping (to prepare an updated topographic and tree survey as needed for the design including: • Update the Boundary Survey to a Boundary and Topographic Survey and add Trees to the Survey Deliverables: Topographical Survey -b W January 12, 2021 Page 3 Geotechnical Investigations SRS shall contract and coordinate with Nelco Testing and Engineering Services, Inc to conduct geotechnical explorations and analysis as required for the design Including: • 3 Standard Penetration Test Borings, (15 feet deep) • 3 Percolation Tests (SFWMD 15 feet deep) • Geotechnical Report with Foundation Recommendations. • Public Utility Location/Layout Coordination. • Drill Rig/Equipment /Personnel Mobilization Deliverables: COMPENSATION Geotechnical Report Our Engineering Fees for the above -described Basic Services will be a lump sum amount of THIRTY -THOUSAND and EIGHT -HUNDRED DOLLARS ($30,800.00). Please see fee breakdown below. It does not include plan review or permitting fees. Payment will be based on monthly invoicing as a percentage of completion of work. Topographical Survey (Suarez Surveying and Mapping) ............................ $ 6,600.00 Geotechnical Services (NELCO)................................................................... $ 2,100.00 Architectural Services (Laura M. Perez and Associates, Inc.) .................... $ 7,590.00 Landscape Architectural Services (Curtis + Roger Design Studio)............ $ 6,500.00 Civil Engineering and Project Management Services (SRS)....................... $7,960.00 TOTAL........................................................................................................... $ 30,800.00 We would expect to commence our services promptly after receipt of your acceptance of this proposal and approval of the purchase order. This Proposal and our Agreement with the City represents the entire understanding between the City of South Miami and SRS Engineering, Inc. in respect to the Project and may only be modified in writing when signed by both of us. If the foregoing is agreeable to you, please execute the original of this Agreement where indicated below and return to our office. Very truly ours, I have read the foregoing Letter of Agreement and agree to all terms and conditions stated therein. Accepted this day of 2020 gnacio erralta, P.E. Presi nt City of South Miami By: Title: ............ ............ ............. ............. .............. ............ .............. ............ _............ ............. ....... LAURA M. PEREZ & ASSOCIATES, INC.: ARCHITECTS - PLANNERS - INTERIOR DESINGERS LIC. AA-0001864? December 21, 2020 Mr. Ignacio Serralta SRS Engineering 7000 SW 97 Avenue #210 Miami, Florida 33173 Re: City Of South Miami (Dante Fascell Park) Tennis Courts and building Dear Ignacio, The firm of Laura M. Perez and Associates, Inc. (LMP) is pleased to submit this fee proposal to provide Architectural services for the referenced project. Based on our site meeting it is our understanding that that the owner would like to add two tennis courts and field house building. As discussed we are first to provide a program / master plan package which will include 3 or 4 schemes for the building and site plan of the area. We will need a detailed survey of the area as well as boring results in order to properly locate both the building and the tennis courts. Total Architectural Fee $7,590. (see attached fee breakdown) The following services are not included in our fee. Civil, MEP, Structural, Geotechnical and surveyor If you have any questions or require additional information please do not hesitate to contract our office. Sincerely.. Laura M. Perez and Associates, Inc. _aura Perez, President .................... ...... ... 2461 N.W. 7th STREET MIA MI. FL 33125 PH:305-642-9494 FA X:305-642-0889 E-MAIL:Imp C plc r.om LAURA M. PEREZ & ASSOCIATES, INC. FEE PROPOSAL FOR DANTE FASCELL PARK PROGRAM / MASTER PLAN FOR TENNIS COURTS AND BUILDING 1) Program and preliminary design Description Hours Rate Total Principal 2 $180.00 $360 Project Architect/Manager Site Visit 4 $150.00 $600 Current condition photostplan 4 $150.00 $600 Preliminary layout 12 $150.00 $1,800 Coordination with owner / Engineers 4 $150.00 $600 Staff Architect 10 $90.00 $900 CADD / Photo plan 24 $75.00 $1,800 Estimator 6 $125.00 $750 Clerical 4 $45.00 $180 $7,590 9 g it NjFtca TESTING G ENGINEERING SERVICES. INC. Letter of Proposal December 23rd, 2020 SRS Engineering, Inc. 5001 SW 74" Court, Suite 201 Miami, Florida 33155 Attention: Ignacio Serralta, P.E. Reference: Dante Fascell Park Community Building and Tennis Courts 8600 SW 57" Avenue South Miami, Florida Folio No. 09-4036-000-0600 Thank you for requesting a proposal for our services at the above referenced project. We hereby propose to perform the following: 3 Standard Penetration Test Borings (15 feet deep) @$150.00 each------------------------- $ 450.00 Geotechnical Report with Foundation Recommendations ----------------------------- $ 350.00 3 Percolation Tests (per SFWMD - 15 feet deep) @ $300.00 each ------- —------- —---------- $ 900.00 Public Utility Location/Layout Coordination-------------------------------------------------- $ 200.00 Drill Rig/Equipment /Personnel Mobilization--------------------------------------------- $ 200.00 (Standard fee of $ 200.00 per day/per trip) Total Amount ------ —----- —---- -------- ---- ---- ------ ---$2,100.00 - Please note site is to be accessible for entry & performance of work. Any clearing necessary is to be performed by others. This proposal is based on site being accessible with truck -mounted drilling equipment. - Net Pay: 30 Days NOTE: Conducting the above referenced tests involves driving a heavy (ruck -mounted drill rig or the mobilization of other heavy drilling equipment (i.e. tripod) into the property, and drilling holes into the ground We will not assume responsibility for damage to privately owned underground utilities (such as sprinklers, street lighting, etc.), septic tanks or other underground structures which may result from drilling activities or mobilization of drilling equipment if not identified prior to mobilization to the site. We will also not be responsible to damage of lawn or soft ground which may resulifrom theme or movement of this equipment on the properly. The information contained in this document is intended to be used m a proposal of project specific fees as requested, based on information given and intended jar the explicit use of the client. It shall remain confidential- disclosure of arty /dnd io third parties for any purpose is strictly forbidden. Nelco Testing and Engineering Services, Inc. is pleased to assist you with this project. If you have any questions or need further assistance, please call us at (305) 259-9779. Respectfully Submitted, Nelco Testing and Engineering Services, Inc. Lity/iLii t1GAJ' .ce._�C ln� sses Batista, President ACCEPTANCE OF PROPOSAL Signature Date 13370 SW 13lu Street, Suite 105, Miami, FL. 33186 (305) 259-9779 Certified DBE, CBE, and SBE with Miami -Dade, and MBE (State of Florida) 12 www.NelcoTesting.com // Nelcol(rtbellsouth.net City of South Miami Dante Fascell Park New Community Building and Tennis Courts - Program/Master Plan DATE: 1162021 ACTIVITY BY SRS PRINCIPAL SR. PROJ. MGR SR. ENGINEER ENGINEER CAD TECH CLERICAL TOTAL TOTAL HRS RATE HRS RATE HRS RATE HRS RATE HRS RATE HRS RATE HOURS COST $180.00 $150.00 $125.00 $90.00 $65.00 $45.00 General Project Management 2 $180.00 4 $15000 $125.00 $s0A0 $65.00 2 $45.00 a $1,050.00 Coordination with Subconsultants $180.00 4 $150.00 2 $125.00 $90.00 S65.00 $45.00 6 $aS0.00 Conduct Utility Search and Initial site visit $180.00 $150.00 3 $125.00 3 $90.00 $65.00 $45.00 6 $645.00 Preparation of Base Plan $tea.m 1 1 $150.001 1 $125.00 2 1 $90.00 4 $65.00 1 $45.00 1 7 $565.00 Assist in Preparation of Schematic Site Plans $180.00 2 $150.00 2 $125.00 8 $90.00 1 4 1 $65.00 $45.00 16 $1,530.0 Prepare Civil/Site Const. Cost Estimate $180.00 $150.00 2 $125.00 4 $90.00 $65.00 $45.00 6 $610.00 Submit and Attend Meeting with City and Subconsultants 3 $180.00 4 $150.00 $125.00 $90.00 $65.00 $45.00 7 $1.140.00 Revisions to ProgranuMaster Plan and 2 $180.00 3 $150.00 4 $125.00 $90.00 4 $65.00 $46DO 13 $1570.00 TOTAL 5 $180+00 13 $150.00 1 14 $125.00 17 $90.00 12 $65oo 1 0 $45.00 69 $7,96a.00 ACTIVITY BY OTHERS DESCRIPTION COST Suarez Surveyng To iral Su, Sssoo 00 NELCO Temwg and E kmw Sennces. Inc Geetedwca9PercaleOon Tests $2,100.00 Lava Perez end Asse., Inc. A rtectvsl Design $7,590.00 CVOs+R rs Design Studio, Inc Lancecape Archrt v and Arbonst S6,500.00 TOTAL $22,690.01) ACTIVITIES BY SRS (Salaries) $7.960 X 1.00 $7, 950.00 ACTIVITIES BY OTHERS 522,690.00 Estimated OUT OF POCKET EXPENSES including reproduction costs etc. $150,00 TOTAL THIS PROPOSAL = $30,800.00 13 Professional General Engineering & Architectural Services RFQ #PW2016-22 Wage Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $150.00 Project Manager $130.00 Senior Engineer $125.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $75.00 Senior CADD Technician $75.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 14 EM'KHOSIT PROFESSIONAL SERVOCE AGREEMENT " PrafWslonal GenereB Engineering and Archkectun d Services" RFQ W2411-22 THIS AGREEMENT made and entered into this tier of V4. 20L% by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and -IMS ;UAL . who Is authorized to do business In the State of Ronda, (hereinafter referred to as the "CONSULTANT'. In consideration of the premises and the mutual covenants contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.1 A Notice to Proceed will be Issued by the City (Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any excluside rights to perform work an behalf of the Owner other than the work described In one or more Notice to Proceed (hereinafter referred to as the " WORIC"), nor does it obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT available data and documents in the CITY possession pertaining to the WORK to be performed under this AGREEMENT promptly after the Issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Aae of Services. The CONSULTANT shall perform the wad& as set forth In the Scope, of Services as described in the i\lotice to Proceed. 3.0 Mme for ComRWan 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the executlon of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager, or designee. 3.2 A reasonable extension of time will be granted In the event there is a delay on the part of the CITY In fulSlling 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 Brill of ComRenaadon: The fees for services of the CONSULTANT shall be determined by one of the following methods or a. combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 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 and if such an agreement is reached, it shall be In writing, signed by the CONSULTANT and the City (Manager and attached hereto as ATTACHMENT A,• 4.2 Hourly rate fee: If there is no fixed sum or if additional work Is requested without an agreement as to a fixed sum, the CITY agrees to pay. and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT. fees In accordance with the hourly rates that shall include all Page S i of 66 Thomas R. (Pepe Ix111312016 136 15 wages, benefits, overhead and profit and drat shal8 be in writing, signed by the CONSULTANT and the City Manama and attached hereto as ATTACHMLW A. 5.0 Bom= and Partial Pavrsh^.m The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth In the schedule of payment as set forth in ATTACHMENT A or, If no schedule of payment exhibit Is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's Invoice as the work progresses but only for the work actually performed and approved In writing by the Clty Manager. 6.0 Ristof Decisions. All services shall be performed by the CONSULTANT to the won of the CITY's representative, who shag 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 ta value. The representive'$ 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 nude by him, CONSULTANT shall citypresent 1' moons to the City Manager and shag abide by the decision of the 7.0 Ownersh of Docummm All reports and reproducible plans. and other data developed by the CONSULTANT for the purpose of this AGREEMENT shalt become the property of the CITY without restriction or ilmitadon. 8.0 Aw k Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the aoacution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are an a time and cost basis. 9.0 Truth -in Negotiations: If the contract amount exceeds the threshold amount provided In L 287.017 for category four, the CONSULTANT shall execute a truth-In-negodadon aa 019ficam stating that wrage rates and other factual unit costs supporting the compensation are accuraee complete, and current at the time of contracting. in such even; the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was Increased due to inaccurate, Incomplese, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within one year following the end of the contract. 10.0 SubtattIDS The CONSULTANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's rights. The CITY may, In its sole discretion, allow the CONSULTANT to assign its dudes, obligations and responsibilities provided the assignee meets all of the ClWs requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written corhsent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable 11.0 Unauthorized Aftww. The employment of unauthorized aliens by the CONSULTANT Is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does not assume the obligation, PNP sa of 66 Tim F. Pere rah3=16 130 16 to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed In the performance of work or providing the goods and/or services for or on behalf of the CITY Indudlq persons employed by any independent contracoor. By reserving this right, the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 12.0 The CONSULTANT warrants that it has not employed or retained any th company or person, other than a bona fide employee w orldng solely for the CONSULTANT, to solicit or secure this contras 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. 13.0 Termination. it is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to Issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the C17 Y's sole obligation to the CONSULTANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY Safi be entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 Igo This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless odwrwvise terminated by the CITY. The term of this a�gr+eement Is three (3) years from the issuance of the Notice to Proceed and one two- year option -to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 days advanced notice to the CONSULTANT. However, In no event shall the term exceed five (5) years following the issuance of the Notice to Proceed. 15.0 Deftu In the event either party falls to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party In default and notify the defaulting party in writing. If CITY is in default, the CONSULTANT wig only be compensated for any completed professional services and CONSULTANT shall not be entitled to any consequential or delay damages. In the event that 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 Its own costs and legal fees. 16.0 Insurance_ and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth In ATTACHMENT ®.to this AGREEMENT. 17.0 AWm=nt Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 18.0 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 which have a direct bearing on the WORK involved on this protect The CONSULTANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 267.133(3) (a), as required by the CITY" s solicitation, if any, applicable to this Pie 33 of 66 Thomw IF. Pme 1011=16 137 17 AGREEMENT. 19.0 Jim CONSULTANT shall be responsible for payment of all federal, state, and/or local takes related to the Work, inclusive of sales tax If applicable. 20.0 Drua Free Wodgdu e. CONSULTANT shall comply with CITY's Drug Free Workplace policy which is snide a part of this AGREEMENT by reference. 21.0 CONSULTANT is an independent entity under this AGREEMENT and nothing contained herein shall be construed to create a partnership` Joint venture, or agency relationship between the parties. 22.0 Dins and R n9M 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. 23.0 Licenses and Certiacations. CONSULTANT shall secure all necessary business and ona9 licenses at its sole expense prior to executing the AGREEMENT. 24.0 reA=§M=-Madfficadm and Bhullng F&= This AGREEMENT constitutes the entire agreement of the parties. Incorporates all the understandings of the parties and supersedes any prior aFewment % understandings, representation or negodadon, writtn or oral. This AGREEMENT may not be modified or amended except in wridng, sued by both parties hereto. This AGREEMENT shall be binding upon and inure to the benefit of the City of South Miami and CONSULTANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this AGREEMENT shal be vale or binding unless it complies ewlth this paragraph. This AGREEMENT, In general, and this paragraph, in particular. shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by written resolution of the City Commissio, or If such approval is required by ordinance or the City Charter, no amendment to this AGREEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 July C17Y and CONSULTANT knowingly,, Irrevocably voluntarily and intentionally waive any r4ht 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 this AGREEMENT or the performance of the Work thereunder. 26.0 Validity of Executad Co" This AGREEMENT may be executed In several counts arts. each of which shall be construed as an original. 27.0 Rulm of IntaM=&n:Throughout this AGREEMENT the pronouns that are used may be substituted for male. fenale or neuter. whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 SmemblW 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, shag not be affected thereby and each and every other tern` and provision of this AGREEMENT shall be valid and enforceable to the fullest extet permitted by law. 29.0 Cumulative Remedies The duties and obligations imposed by the contract documents, If any, and the rights and remedies available hereunder. and, in particular but without limitation, the warranties. guarantees and obligations imposed upon CONSULTANT by the Contract Documents, if any, and this AGREEMENT and the rights and remedies available to the CITY hereunder, shall be In addition to, and shall not be construed In any way as a limitation at any rights and remedies available at lawn or in equity. by special guarantee or by other provisions of the Contract Documents, if any. or this AGREEMENT. In order to endde any party to exercise any remedy reserved to It in this Page 34 of 68 Thames P. P"M iar3tora 138 18 AGREEMENT, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto. or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be In addition to every other remedy given under this AGREEMENT or hereafter existing at law or In equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exerclsed from time to time as often as may be deemed expedient 30.0 Non -Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any r 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 walver 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. The failure to enforce this AGREEMENT as to any particular breach or defauk shag not act as a waiver of any subsequent breach or default 3 1.0 No Discrimination and Equal EmIfto action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person. Including employee or applicant for employment on the basis of race, creed. color, ethnicity. national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that It will take of wavve action to ensure that such disrAminatiion does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices In general. Thus. all Individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this AGREEMENT. the CONSULTANT hereby certifies under penalty of perjury, to the CITY, that CONSULTANT Is In compliance with aD applicable regulations and laws governing employment practices. 32.0 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. 33.0 �c g Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City's Charter, and the effective date shall be the date of its execution by the last party so executing it or if City Commission approval is required by the City's Charter, then the date of approval by City Commission, whichever is later. 34.0 Third PaW IQeneficiarr. 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 Pap ss of 66 Thaws F. Pqm 10113=16 139 19 anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto ague to execute any and all other and further documents as m.ght be reason.,.., necessary in order to ratify, confirm, and effectuate the Intent and purposes of this AGREEMENT. 36.0 Time of Essence. Time is of the essence of this AGREEMENT. 37.0 faMMMMgM This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Force t inure. Neither party hereto shall be In default of its f flure to perform its obi�atior:s 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 m.t.gated. Each party shall notify the other of any such occur I a ce. 39.0 &b=M&c&Z if allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to do CITY for the acts and omissions of its subcontractors/subconsultants = It Is for the acts and onftions of people directly employed by it AD subeontractors/subconsukants and dWr agreements, if allowed by this AGREEMENT. roust be approved by the CITY. The CONSULTANT shall require each subcontractor, who Is approved by the CITY, to agree in the subcontract to observe and be bound by all obiptions and conditions of this AGREEMENT to which CONSULTANT Is bound. 40.0 Public Records: CONSULTANT and all of its m we required to comply with the public record law (s.l 19.0701) while providing goods and/or services on behalf of the CITY and the CONSULTANt under such conditions, shag Incorporate this paragraph in all of its subcontracts for this Project Under such condition, CONSULTANT and its subcontractors are specifically required to. (a) Keep and maintain public: records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be Inspected or copied within a reasonable time at a cost that does not exceed the cost provided In this chapter or as otherwise provided by law, (c) Ensure that public records that are auempt or confidential and exempt from public records disclosure requirements are not disclosed except as authored by laws for the dumdon of the contract term and following completion of the contract If the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost; to the public agency all public records in possession of the contractor or beep and maintain publk records required by the publk agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract; the contractor shall destroy any duplicate public records that am exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, In a forum that is compatible with the Information t echnoloV systems of the public agency. IF THE CONTRACTOR HM QUESTIONS REGAR®8NG THE APPUCATION OF CAR 18 9, FLORIDA STATU`PES, TO THE CONTRACTOR'S DUTY TO PROVIDE PBBUC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF lPURLBC RECORDS AT 305-"b3-6340; E-mail: rnmenenc8 soutlenl=ifl god; 6830 Sunset ®rive, South PlIaml, FL 33143. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Pap 563 of" F:1ope 10/1312016 140 20 delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. 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: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov With copies to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov To CONSULTANT: 42.0 C=arate Authoritx: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms. conditions and provisions. IN WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. ATTES aria M. Menendd - C City Clerk Thonm F. Pqm 1WI3no16 CON L�Ea—x T:n By. (Print Na eave) City of:Sebe Y �� Steven Alexander t� City Manager Page 37 of 66 21 Read and Approved as to Form, l al gMe. le&tttr and Execution thereof. Tomas F. Pepe, Esq. City Aurley Pap Mof� Yt4omafl P. Pape 8618=®16 142 22 I south fi 1 iami i i a i nr tm nrA&%u 11V= ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RFQ #PW201b-22 The City and CONSULTANT agree that a separate rotational list will be dedicated for work performed under a continuing professional service contract, as specified in the Scope of Services, for "Certified Arborists Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborists Services" is defined as: e Certified Arborist Services: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land Development Code. The review includes the initial site inspection followed up by the determination of mitigation and a final inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborists Services" will rotate every three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. CONSULTA By: NTj� By: S11ngineering, Inc, Ignado Serralta/President (Name of Signatory) Read and Approved as to Form, Language, Legality and Executions thereof: Thomas F. Pepe, City Attorney i Miami n Alexander, City Manager 23 ATTACHMENT A "COMPENSATION" 9 ION" PROFESSIONAL SERVICE AGREEMENT "Pmfoulmaal GeawW Engbmwing aW AnWftcb °w8 SwWcw" RIB ®16-22 Thames P. P"" Iai3► 16 143 24 Professional General Engineering & Architectural Services RFQ #PW2016-22 Wage Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $150.00 Project Manager $130.00 Senior Engineer $125.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $75.00 Senior CADD Technician $75.00 CADD Technician $65.00 GIS Technican $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 25 ATTACHMENTS ONSURMCE & INDENNOFICATOON REQUIREMENTS PRON85INAL SOMCE AGR INr VJFQ M16-n 1.010 Insuranco A. 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 arm 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 inderecdy employed by any of them or by anyone for whose aces any of them may be liable. R. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorWW In writing by the CITY and such authorization shall be at the Cn Y's sole and absolute cliscretion. The FIRM shall purchase Insurance from and shag maintain the Insurance with a company or companies lawfully authorised to sell Insurance In the Stage of Florld% 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 for which the FIRM may be legally liabl% 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 FIWs employees: (c) claims for damages because of bodily Injury,, sickness or disease, or death of any person outer 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 front; (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 RRKs obligations under the Contract. 1.011 Rrm's Insurance Generally. 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. 1.012 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. Page 00 of " Tltw= F. Pqa IW13=16 145 26 In addition, the policies must include: Employers' Liability at the statutory coverage amount The FIRM shall further Insure that all of its Subcontractors maintain appropriate levels of VborWs Compensation Insurance. 1.013 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability. contractual liability, severabdity 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; o Property Damage $500.000 each occurrence; 1.014 Umbrella Cemrnercial 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 $2,000,000 Annual ate. Coverage must be afforded on a foram no more resuicdve than the lawn edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must Include: (a) Premises and Operation (b) Independent Contractors (c) Produces and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (fD Broad Form Contractual Coverage applicable to this specific Contract. Including any hold harmless and/or indemnification agreement (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.015 Business Aumon bile Liability with minimum limits of One Million Dollars ($ 1,000,000 00) plus an additional One Million Dollar ($1,000,000.00) 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 Mon -Owned Vehicles (c) Employers' Dion -Ownership 1.016 SUBCONTRACT&: The FIRM agrees that If any part of the Work under the Contract is sublet; the subcontract shall contain the same Insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 Fire and fxmded Coverage ImumnS (Builders' Risk). IF APPLICABLE: C. In the event that this contract Involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, Including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of hp 61 of" Thom= F. ate 10113=16 148 27 said buildings or structures. The policy or policies shall also cover machinery, If the can 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 and actual cash value of the insured property. The policy shall be in the name of the CIlY and the Firm, as their Interest may appear, and shall also cover the interests of all Subcontractors perforating Work. D. AD of the provisions set forth in Miscellaneous section herein below shall apply to this coverage unless it would be cleanly not applicable. 1.018 Miscehneous: F. If ainy 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 Laurance prior to such cancellation, dmng% or expiation so as to provide continuous coverap as specified in this section and so as to maintain coverage during the we of this Contract G. A8 deducdles 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 satisfacoory to the CITY covering the same. H. The policies sha 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 polities for revlew. All policles shall contain a "severability of interest" or "cross hability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the FIRKS duty to indemnify the City as provided In this Agreement. I. Before starting the Work, she FIRM shall deliver to the CITY 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 A.1/il or better per A.M. Beses Key Rating Guide, latest edition and authored to Issue insurance In the State of Rorida. AU 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 nay be required by the CITY, at its sole discretion, to provide a "certified copy" of the policy (as defined In Article I of this document) which stall Include the declaration page and aH required endorsements. In addition, the FIRM shall degver, at the time of derrvery of the Insurance certificate, the following endorsements: (3) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The Insurer shall 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' PW61of66 Mum= F. Pep 10113=16 147 28 (4) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miaml ten (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 mait with proof of delivery to the City." If the FIRM is providing professional services, such as would be provided by an architect; engineer, attorney, or accountant, to name a few, then in such event and In addition to the above requirements, the FIRM shag also provide Professional Uabi ity 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 RRM 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 A�greernerm This insurance shag be maintained for four years after completion of the construction and acceptance of any Project covered by this Afreednentt However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus gnus carrier unless authorized in waiting by the city at the city's sole, absolute and unfettered discretion. 8ndea nifitmdon Requirement G. The Firm accepts and voluntarily Incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. H. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, Including reasonable attorney's fees, paratagal fees and investigative costs Incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents. representatives. employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, Incident to it; or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. I. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, In connection therewith, including the expense or loss of the CITY and/or its affected Page 63 of" Thoem F. Pepe 10113=16 148 29 3 L. officers. affiliates, employees, suors and awns, Including their attorneys fees, in the defense of any action In law or equity brought against them and arising from the negbgent error, omission, or act of the Firm, its Sub -Contractor or any of their agents, representatives, employees, or assign.% and/or arising out of, or incident to, this Agreement; or Incident to or resulting from the performance or non-performance of the Rrm's ob%Wons under this AGREEMENT. The Firm agrees and recognises that neidu r the CITY nor its officers, affiliates, employees, successors and assigns shall 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 acdons or omissions of the Firm, its colatractodsubcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that Is occurring on the Cff fs property. In reviewing, approving or rejecting any submissions or aces of the R nm CITY In no way assumes or shares respondbft or liability for the acts or onilssions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees or assign% or anyone acdng through or on behalf of them. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami; which approval vAll not be unreasonably withheld. However. as to design professional contracts, and pursuant to Section 725.08 (1). Florida Statutes, atone of the provisions set forth herein above that are In conflict with this subparagraph shall apply and this subpanwaph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design prafessionaf s obligations as to the City and its agencies, as well as to its officers and employees, is to Indemnify and hold them harmless from liabilities, damages, losses, and costs, induding, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, reddessness, or Intentionally wrongful conduct of the design professional and other persons employed or utiked by the design professional In the performance of the contract. THIS IS INCWDED IN THE GENERAL CONDITIONS END OF SECTION Pam 64 of 66 Thom F. Gee 19111=is 149 30