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Res No 019-22-15772
RESOLUTION NO. 019-22-15772 A Resolution authorizing the City Manager to instruct and to pay Marlin Engineering to prepare concept development designs and contract documents related to a proposed open space, Paseo Park, located at SW 50th Street and SW 63 rd Avenue. WHEREAS, pursuant to the Professional Service Agreement provided by the City for professional general engineering and architectural services, city staff desires to engage Marlin Engineering to provide concept development designs, to assist staff as-needed at community input meetings, and to develop a complete contract set of plans for permitting and construction purposes related to the development of a proposed pocket park, Paseo Park, located at SW 50th Street and SW 63 rd Avenue; and WHEREAS, the 1st of 2 virtual community meetings is tentatively scheduled to be held in March 2022. At this meeting, city staff plans to review and discuss feedback gathered from the survey, present an early concept site plan, and respond to general comments and concerns; and WHEREAS, the attached proposal directs Marlin Engineering to commence early concept development design work in preparation of the upcoming community meetings; and WHEREAS, the proposal/contract amount shall not to exceed $13,050. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. The City Manager is hereby authorized to instruct and to pay Marlin Engineering to prepare concept development designs and contract documents related to a proposed open space, Paseo Park, located at SW 50 th Street and SW 63 rd Avenue. The total expenditure in the amount of $13,050 shall be charged to account number 301-2000-572-6450, which has a balance of $1,248,197 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. 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 will not affect the validity of the remaining portions of this resolution. Section 5. Effective Date. This resolution will become effective immediately upon Page 1 of2 Res . No. 019-22-15772 adoption. PASSED AND ADOPTED this 15 th day of February, 2022. ATIEST: CITY ERK !J APPROVED: ~ ~hp:£r /MAYORf? COMMISS ION VOTE: 5-0 Mayor Philips: Yea Commissioner Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Corey: Yea Pag e 2 of2 Agenda Item No:4. City Commission Agenda Item Report Meeting Date: February 15, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to instruct and to pay Marlin Engineering to prepare concept development designs and contract documents related to a proposed open space, Paseo Park, located at SW 50th Street and SW 63rd Avenue. 3/5 (Commissioner Corey) Suggested Action: Attachments: Memo-Paseo_Design_Plans__QP_ (1).docx Reso-Paseo_Design_Plans.docx Marlin E. Proposal-PaseoPark.pdf Paseo Park-Topography Survey.pdf Paseo Park-Community Input Survey.pdf Marlin Professional Service Agreement.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor & Members of the City Commission FROM:Shari Kamali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE:February 15, 2022 SUBJECT:A Resolution authorizing the City Manager to instruct and to pay Marlin Engineering to prepare concept development designs and contract documents related to a proposed open space, Paseo Park, located at SW 50th Street and SW 63rd Avenue. BACKGROUND:Pursuant to the Professional Service Agreement provided by the City for professional general engineering and architectural services, city staff desires to engage Marlin Engineering to provide concept development designs, to assist staff as-needed at community input meetings, and to develop a complete contract set of plans for permitting and construction purposes related to the development of a proposed pocket park, Paseo Park, located at SW 50th Street and SW 63rd Avenue. To date, the City’s Parks and Recreation Department has completed a site/property survey and gathered input from area residents. A copy of the input survey results are attached. The 1st of 2 virtual community meetings is tentatively scheduled to beheld inMarch2022. At this meeting, city staff plans to review and discuss feedback gathered from the survey, present an early concept site plan, and respond to general comments and concerns. The attached proposal directs Marlin Engineering to commence early concept development design work in preparation of the upcoming community meetings. EXPENSE:Amount not to exceed $13,050. ACCOUNT:The total expenditure in the amount of $13,050 shall be charged to account number 301-2000-572-6450, which has a balance of $1,248,197 before this request was made. ATTACHMENTS:Resolution Marlin Engineering Proposal Topography Survey Copy of Community Input Survey Copy of Marlin Engineering Professional Service Agreement 2 February 8, 2022 Quentin Pough, CPRP Director of Parks and Recreation Department City of South Miami - Parks and Recreation Department Re: Engineering Services – Paseo Park beautification improvements along SW 50thStreet and SW 63th Avenue. Dear Mr. Pough: Marlin Engineering, Inc. is pleased to present this proposal to provide the services identified below pursuant to the Professional Services Agreement provided by the City of South Miami (“City”) for Professional General Engineering and Architectural Services, dated March 31st, 2017 and the renewal executed April 7th, 2020. I. Scope of Work The scope of work for this project is to provide engineering design, preparation of concept development design, preparation of construction documents for the beautification of Paseo Park along SW 50th Street and SW 63th Avenue. The proposed project will consist improvements to the landscaping, repair existing sidewalk, open green space, installation of park recreational equipment, trash receptacles, park benches, signs and safety barriers to prevent vehicular parking and park pass-through. The sidewalk improvements shall be in accordance with the American with Disabilities Act (ADA). The project location is shown in the map below. 5 Miami • Fort Lauderdale • Tallahassee • Puerto Rico 305.477.7575 • www.marlinengineering.com Page 2 of 4 The scope of work outlines the effort required for the production of the construction documents which will be in accordance with City of South Miami and Miami Dade County Standards and Specifications. II. Professional Services Task 1 – Pre-Design Services a) Development of Concept Design- Produce conceptual design plans for illustrative purposes to convey anticipated uses. b) Field assessment of existing conditions including photo records. c) Public meeting - attendance to two (2) virtual or live public meeting to provide public notification results and park concept design to the surrounding neighborhood. Includes the material and/ or PowerPoint presentation. Deliverables provided under Task 1: Concept Design in PDF format & One update after the first public meeting. PowerPoint Presentation (or) Board presentation of concept design (1-board). Task 2 – Design Phase/ 100% Plans a) Project General Tasks – Project Management and coordination with the City of South Miami. b) Prepare a complete contract set of plans including 1. Key Sheet 2. Summary of Pay Items 3. General Notes 4. Civil Plan Sheet, landscape and disposition integrated in the Civil sheet, landscape details, and one civil detail sheet. 5. Quantities c) Specifications/Bid Documents d) Submit the 100% plans for City to review. Once all comments are addressed, or if no comments or corrections are necessary, then submit the final signed and sealed construction documents and specifications to the City. e) Landscape mitigation and permitting will be handle by the City, and Marlin will provide miscellaneous support to the City’s arborist and City’s Project Manager to facilitate the process. Deliverables under Task 2: a) 100% construction documents. b) Final signed and sealed construction documents. c) Updated construction cost estimate. Task 3 – Bidding Assistance, Post Design/Construction Engineering Observation Services a) Provide written responses and/or revisions to all requests for information (RFIs) including assistance with the review and technical evaluation of Contractor’s request for change orders and claims, review shop drawings, and provide recommendations and cost evaluations to the city during construction. b) Provide design revisions, as necessary 6 Miami • Fort Lauderdale • Tallahassee • Puerto Rico 305.477.7575 • www.marlinengineering.com Page 3 of 4 c) Attend Substantial Completion inspection and physical walk-through of the project. III. Subconsultants The below listed subconsultants will assist in the performance of the Work. Subconsultant Name Specialty or Expertise N/A N/A IV. Schedule of Work – Time of Performance The anticipated length of service for Tasks 1 – 2 shall be ten (9) weeks commencing after the Notice to Proceed. Consultant shall submit the Deliverables and perform the Work as depicted in the table below. Task 3 schedule shall be determined based on the bid dates and construction award period. SCHEDULE OF DELIVERABLES Task or Activity ID# Major Task, Sub-Task, Activity, or Deliverables Duration Delivery Date 1 Pre-Design Services 4 weeks +4 2 100% Plans and Permits 4 weeks +8 Review by the City 1 weeks +9 3 Post Design Services TBD TBD Deliverables: At the completion of each task, Marlin will provide to the City all files associated with each deliverable to include drawings files in DWG and PDF formats. V. Compensation Consultant shall perform the work detailed in this Proposal for a Total fee of $13,050 and 00 cents. The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount unless approved in a supplemental work order. SUMMARY OF COMPENSATION Task or Activity ID # Task Name and/or Activity Description Fee Amount Fee Basis 1 Pre-Design Services $4,225.00 Lump Sum/Not to Exceed 2 100% Plans $7,375.00 Lump Sum/Not to Exceed 3 Post Design/Construction Engineering Observation $1,400.00 Not to Exceed Not to Exceed Total $13,050.00 7 Miami • Fort Lauderdale • Tallahassee • Puerto Rico 305.477.7575 • www.marlinengineering.com Page 4 of 4 VI. Exclusions from Basic Services The following services are excluded from this scope of services: a) Utility Coordination b) Geotech c) Permitting – But for tree planting. d) Foundation structure analysis and design for the playground structures. e) SUE, hardscape, environmental, MEP, electrical, lighting f) Off-site pedestrian or traffic improvements g) Landscape mitigation and permitting will be handle by the City, and Marlin will provide miscellaneous support to the City’s arborist and Project Manager to facilitate the process. h) Landscape analysis, disposition determination, and new planting requirements will be handled by the City’s arborist and City’s Project Manager. VII. Additional Services Additional services and unforeseen circumstances beyond established scope shall be negotiated in good faith and at the sole discretion of the City. VIII. City Furnished Documents & Data The following information or documents are to be provided by the City: Survey Independent play structure specifications. Arborist Services, tree disposition analysis and new planting requirements. IX. Project Manager Consultant’s Project Manager for this Project will be Mr. Armando Aguiar, P.E. Submitted by: ______________________________________ Aycel Freda, P.E. Director/Business Development Marlin Engineering Reviewed and approval in concept recommended by: Department Director Procurement Manager City Manager 8 CITY OF SOUTH MIAMIConsultant Name: Contract No.: Project: Date: Project No.: Description: Work Order No: Staff Hours Salary AverageApproved Rate Rate:$150.00Rate:$125.00Rate:$90.00Rate:$75.00Rate:$45.00Rate: Rate: By Cost By Rate PerMan hoursCost/ TaskMan hoursCost/ TaskMan hoursCost/ TaskMan hoursCost/ TaskMan hoursCost/ TaskMan hoursCost/ TaskMan hoursCost/ TaskTask Task Task1 23$4503$225 6 $675 $112.5032$3004$50016$1,200 22 $2,000 $90.9144$600 4 $600 $150.005Powerpoint Presentation or Boards Presentations 2$3002$25010$450 14 $1,000 $71.436 7TASK- 2 91$1502$2504$3007 $700 $100.00101$1502$250 4$300 7 $700 $100.00111$1506$75024$1,800 31 $2,700 $87.10121$1502$2506$4509 $850 $94.44132$3002$2506$450 10 $1,000 $100.00141$1501$1254$3006 $575 $95.83152$3002$250 4 $550 $137.5016Quality Control and Peer Review 2$300 2 $300 $150.0017 18TASK- 3 192$3004$5008$600 14 $1,400 $100.002021 222324 25 26 27 24 27 75 10136$3,600.00 $3,375.00 $5,625.00 $450.00$13,050.00 $95.9617.6% 19.9% 55.1% 7.4% 1 - SUBTOTAL ESTIMATED FEE: multiplier 1.00 $13,050.00additional Services (AllowSubconsultant: Estimate of Principal's FeeSubconsultant: / hour = -$ Subconsultant: Principal's Fee-$ 2 - SUBTOTAL ESTIMATED FEE: $13,050.00Notes:1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee and one is to be used for each Subconsultant 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden3. Where applicable the basis for work activity descriptions shall be the FICE/FDOT Standard Scope3 - SUBTOTAL ESTIMATED FEE: $13,050.00 and Staff Hour Estimation Handbook.4. Enter the multiplier value in the field after the word "multiplier" Maximum of 2 decimal points.GRAND TOTAL ESTIMATED FEE: $13,050.00 Consultant Fee Proposal WorksheetMarlin Engineering, Inc. Engineer Intern ClericalPaseo Park beautification improvements_ SW 50th St & SW 63th AveSTAFF CLASSIFICATIONSr. Project Mngr Senior Engineer2/8/2022Total Staff CostNote: Fee for the Principal(s) of the firm are not to be included above as the multiplier is not applicable to their hours. The fee is to be shown below and entered as a separately Job ClassificationKey Sheet/General NotesJose Ferrer, E.I.Public meeting attendance Sr Const Inspector Specifications and Bid DocumentsTotal % of Work by PositionAssigned StaffYenny Soca, P.E. Post Design/Construction Engineering ObservationPlan SheetsDetail Sheet Total hoursJulio Almeyda Jenny ByrneLandscape Plant.&Disp.and DetailsConstruction Cost EstimateArmando Aguiar, P.E.Total Staff HoursTaskTASK-1Field ReviewDevelopment Of Concept DesignSummary of Pay Items/QuantitiesReimbursables (Allowance) Other Misc. Fee:Enter Fee DescriptionSurvey Fee (or Survey Crew Fee):Geotechnical Field/Lab Testing:Additional Services (Allowance)19 10AS-BUILT AND TOPOGRAPHIC SURVEY OF: A PORTION OF THE RIGHT -oF-WA Y OF S. W. 50 STREET; LOCA TED WEST OF THE INTERSECTION WfTH S. W. 6{J A VENUE, AND BEING A PORTION OF THE EAST HALF OF THE N. W. 1/4 OF THE N.E 1/4 OF THE S. W. 1/4 OF SECTION 24, TOWNSHIP 54 SOIJTH, RANGE 40 EAST, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. I I NORTH I SCI-.lE: ,'_20' I Folio: 09-4024-000-0750 A portion of the East 112 of the N.W.1/4 of the N.E. 1/4 of the S.W. 1/4 of Sec. 24, lWP 54 S., Rge 40 E. ------X 10.71' I • '/I,r. Folio: 09-4024-000-0751 A portion of the East 112 of the N.W. 1/4 of the N.E. 1/4 of the S.W. 1/4 of Sec. 24, TWP 54 S., Roe 040 E. S.W. 50th STREET (U"DE"'lCf'rn f'(lRTI"N) ,0.1' ~ 1"Gi' ~1'.70 ~ TOTAL RIW=5O' ' l=39.13' R::ZS.OQ' ----~ k><l 'I/.~, ® ® x ",0<-' -i-~ n,W x 1J."" ~o CRr£WAY X '3.I~' X lZ.1~' El Tract 10 (P.B. 39 -Pg. 65, M.D.C.R.) '------, " .• <-. ~ 10.56' w.r. x 10.1'" ~~. :":2 '" 5~4 S87"2S'OO"W 80.00' (R) !'> 4.1' . c<X./C ~ T [)RI""II~~ '-___ ---;\"'" '.' '0.07·""'; ---Itoo'n'f(Q1Do ;~ .. ,~~. Folio: 09-4024-000-0760 A portion of the East 112 of the NW. 1/4 oftheN.E. 1/4 of the S.W. 114 of Sec. 24, TWP 54 S., Rge 40 E. , "'"""" ON 000....., """'-'DGf 01' a .... so:.o.r .. ' ~ rEEDED. 01''-' TREES ,. I I I I I I Folio: 09-4024-000-0740 A portion of the East 1/2 of the N.W. 114 of the N.E. 114 of the SW. 1/4 of Sec. 24, TWP 54 S., Rge 40 E. ELEV.lTlO!d DJO&Il&HCEI I I I I I I I ".. '''TlOI'I<l GfOO<T"C "'"""" """" (If" '0211 (""'" 21), ICRITE SlIEW"-' ,EN< "'" ~" Folio: 09-4024-000-0770 A portion of the East 112 of the N.W. 1/4 of the N.E. 1/4 of the S.W. 1/4 of Sec. 24, TWP 54 S., Rge 40 E. ~, ~. "~~ Ell EUC","" 80X W.T. ~~ ~ -~ ," W.T. ~. , w,v. --~ ••• ~ -, """'T---<>"-,,",Y --" _m_ OIHOWI< "TIllY U/E"S -~-...IDI ""-'" -, ,,-~" -,-" ~ "0,0." ___ ... ,,_""'" O"'-"trY I£COAO. ,~~~AAC w-"rn • """"" ""<;1,, (>oj "'" """"""' T WICrnT "'-"'" X 0,,,",' ___ $UF"",, "-""""", , @ r= ........,R _ ""'''ION 'Q., UTlJ7Y P<ItE • CE/""-"--= ( Wtmf1Jt1< -v--"""'" ., 5""" Tract 11 '12.M· X12.5~t:'-~""I (P .B. 39 ~ Pg. 65, M.D.C.R.) I I I 11.g~·X 11.73· ~, TO: CITY OF SOUTH MWAI. , I HEREBY CERTIFY THAT THIS AS-BUILT AND TOPOGRN'HIC SURVE"T liAS BEEr< MADE UfJDER MY ~RECTKm. AND TO THE 8EST OF MY KNOIOLEDGE AND 8ELlEF. IT IS A TRUE MJD ACCURATE REPRESHHATlmJ OF A SURVEY THAT MEETS THE ~TMJDAADS OF PRACT~E SET f1JRTH BY THE FLORIDA BONW OF PRQFE~S10NAL SURVEYORS "-IJD MAPPERS I~J CHAPTER 5,J-17 OF THE FLORIDA ADMI~JISTRAniE CODE PURSUMJT TO SECTION 472,D27 FLORIDA STATUTES. THE FlELO WORK Wi'S COMPLETED ON JANUARY 10. 2022, ~~ MAGDIEL A. FROMETA PROFESSIONAL SURVEYOR NJD MAPP£R NO. 6957 STATE OF FLORIDA TERRANOVA SURVEYORS, INC. L.8. 8D.5 • mail: maxOt.rraoovo.urvoyc ... com -... :;;;;~~ .. .. :r; .... ~ .... .... ~"'"' ': • • ¥.! • • • • r"~. ..' , , '" •• ... IIIAIII ...... ~ ... .... ;:..,~~~~ ... .. ~:.' ••••••••••• (.) :z III III \0'<1" ..,0 ",,00 ""# -'ea u..-, --::i!: <I: -::i!: -w > III CC ~ ~ 1-' > \0 00 o en ~ :z ~.b "'00 iii! III I'-I'-• ",,-' II: '<I" ~ III I-> w > 0:: t;; => en ~ '" u In -:r: co 0.. ", « :S;", 0:: C) ", ", ~~ a 0'" '" 0.. ~~ ~ :;: --0 LL. aL ::?! z 09 <C « >-::0 :J::J: ::; "'>-'" ::::> -~O => 0'" '" z , en ~ « w-0 a 0-0.. c( « :2; --2201.011 u_ 1/10/2D2.2 11 Community Input Survey -Paseo Park Ql This park will include common amenities such as a park identification sign, trash receptacle, benches, etc. Please select your TOP THREE (3) features for this park: VOID VOID Pop-up Mini Library Box Independent / Freestanding ... Open-Grassed Answered: 97 Skipped: 0 Area for ... r=-='-----------~-...... Picnic Tables Native Tree Planting and ... Dog Amenities (Le. pet wa ... ________ --' Outdoor Exercise ... VOID 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 12 AN SWER CHQICeS VOID VOID Pop-up Mini Library Box Community Input Survey -Paseo Park Independent I Freestanding Play Structure, i.e. Swings Open-Grassed Area for Leisure Activities Picnic Tables Native Tree Planting and Landscaping Dog Amenities (i.e. pet waste station) Outdoor Exercise Equipment VOID TotaJ-Responqenis: 97 RESPO NSES 0.00% 0 0.00% 0 21 .65% 21 50.52% 49 65.980/0 64 43.30% 42 57.73% 56 40.21% 39 20.62% 20 0.00% 0 13 # 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 Community Input Survey -Paseo Park Q2 What other features, excluding those above, would you like to see included? Answered: 97 Skipped: 0 RESPONSES DATE Shade cover (tree or other) 1123/2022 11:38 AM Landscaping with plants to make area appealing 1123/2022 11: 15 AM Something educational for kids? About nature? 1/23/2022 10:26 AM Lightning so park C:iln he RnjoYRrl hRforp. rlawn nnrl nftp.r rliisk 1/23/2022 9:06 AM Rird feeder 1/2?l/2022 7: 13 AM Climbing wall 1122/20227:37 PM Covered seating area/gazebo 1122/2022 12:30 PM Water station 1/21/2022 1:27 PM High quality walkway and bikeway 1/21/2022 7: 17 AM None 1/21/20226:32 AM Curb appeal no seating 1/20/20222:13 PM Benches 1/19/20225:15 PM N/A 1/19/2022 1:57 PM Trail, path 1/19/202211:27 AM Water faucetla picket for dog water 1/19/2022 9:35 AM Bird houses 1118/20226:13 PM None 1118/20224:18 PM Parking space 1/18/202211:10 AM None 1/17/20228:32 PM None 1/17/2022 6:28 PM Community garden 1117/20226:03 PM Community edible garden 1/17/2022 6:03 PM Refillable water station for water bottles 1117/20225:50PM Walking and biking pathways, i.e., paseos. 1/17/20225:39 PM Nla 1/17/20224:38 PM None 1/17/20222:18 PM It was covered above 1/17/2022 10:33 AM Lighting 1117/202210:04 AM Bike/walking path through connecting sw 50th 1/17/20229:53 AM Benches 1/17/20229:47 AM More flowers and better landscaping 1/17/2022 8:51 AM 1/3 14 32 33 34 35 36 37 38 39 40 41 42 43 4-4 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Community Input Survey -Paseo Park Trash can and recycle bin, community garden None Lights to walk through area in evening Library box Native tree landscape would be my #4 choice Kids friendly flooring, basketball hoop Soccer field or any area for sports benches None Recycling receptacles Well maintained like a park in the city of coral gables Play'groul1cl Lighting for walking through area at night Dog water station I would like to leave it as green as possible Drinking water fountain to include pets Water feature Outdoor exercise equipment Benches I think the park should be a simple green space where kids could play or run Water fountain Native landscaping, picnic tables None Trash cans and lighting Rain garden, pollinator garden, passive nature play Shade trees Dog poop bags and a fence Sign-out sheet for use of picnic tables for family BBQ Benches to relax Cold Water bottle filler Lighting None. I live on the street and the less the best. We don't want traffic on our private street Benches to watch kids at play and slide Idk. A level ground Water fountain Removing the sharp rocks water fountain 2/3 1117/20228:50 AM 1/17/20228:45 AM 1/17/2022 8: 10 AM 1117/2022 7:48 AM 1116/20221:24 PM 1/16/202212:31 PM 1116/202212:08 PM 1116/202212:07 PM 1/16/2022 10:27 AM 1/16/20227:15 AM 1115/202210:17 PM 1115/2022 9:06 PM 1/15/2022 5:22 PM 1115/2022 3:08 PM 1115/2022 12:32 PM 1/15/2022 11:44 AM 1/15/2022 11:44 AM 1115/2022 10:39 AM 1115/2022 9:53 AM 1/14/2022 7:46 PM 1/14/2022 6:08 PM 1114/20224:35 PM 1/14/20223:11 PM 1114/2022 2:20 PM 1114/2022 12:38 PM 1114/2022 10:31 AM 1/14/202210:23 AM 1/14/20227:52 AM 1113/2022 10:06 PM 1/13/2022 8:42 PM 1/13/2022 7:55 PM 1113/20227:13 PM 1113/20226:13 PM 1113/2022 5:06 PM 1113/20224:42 PM 1113/20223:16 PM 1/13/2022 1:09 PM 1/13/2022 12:52 PM 15 70 71 72 73 74 75 76 77 78 79 00 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Community Input Survey -Paseo Park None Playground Park benches Keep natural Garbage can bike lane Green space If a trash bin will be put in I would also like to see a recycling bin with it More exersice equipment NIA N/a Lighting Kid friendly playground similar to Brewer Park, due to the many kids in the area I live on this street please do not allow cars. This is fine as is. Just landscaping and maybe a little night light. Covered seating Dog off leash area Nla Some open grass areas Nature-based play scape ... I.e., rock formations or large boulders Play space for toddler, NO SMELLY DOS WITH THEIR FECES. NO DOGS! None Lighting, covered playground, basketball Mini soccer field Lighting Lights, plants, natural play features like rocks and climbing walls water fountain None Separate pathways for cycling and pedestrian use 3/3 1113/2022 12:35 PM 1/13/2022 12: 18 PM 1/13/2022 11: 15 AM 1/13/2022 10:24 AM 1113/2022 9:53 AM 1/13/2022 9:43 AM 1113/20228:50 AM 1113/2022 8:38 AM 1/13/2022 8:37 AM 1/13/2022 8: 13 AM 111212022 10:49 PM 1112/2022 10:41 PM 1/12/2022 9:58 PM 1112/2022 9:48 PM 1112/2022 7:34 PM 1112/2022 7:20 PM 1112/2022 6:45 PM 1/12/20226:12 PM 1/12/20225:15 PM 1/12/2022 5:09 PM 1/12/2022 5:01 PM 1112/20224:55 PM 1/12/2022 4:52 PM 1112/20224:29 PM 1/12/20223:54 PM 1/12/2022 3:39 PM 1/12/2022 3:31 PM 1112/20223:16 PM 16 Community Input Survey· Paseo Park Q3 If any, what are the ages of the children in your household? Answered: 97 Skipped: 0 o to 5 years 6 to 10 years 11 to 15 years 16 to 18 years No Children 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES o to 5 years 42.27% 41 6 to 10 years 29.90% 29 11 to 15 years 16.49% 16 16 to 18 years 12.37% 12 No Children 22.68% 22 Total Respondents: 97 17 ANSweR CHOICES Yes No TOTAL Community Input Survey -Paseo Park Q4 Are you a resident of the City of South Miami? Yes No Answered: 97 Skipped: 0 0% 10% 20% 30% 40% 50% 60% 70%' 80% 90% 100% RESPONSES 78.35% 21.650,1, 76 21 97 18 Community Input Survey -Paseo Park Q5 What street do you live on? Answered: 97 Skipped: 0 # RESPONSES DATE 1 Miller 1/23/202211:38 AM 2 44th street 112312022 11: 15 AM 3 48th st (near South Miami Iligh school but technically in Miami) 112312022 10:26 AM 4 47 1123120229:06 AM 5 b5 CI 1123/2022 7: 1::l AM li 48th street 1177120227:37 PM 7 50th st 112212022 12:30 PM 8 61st 1/21/2022 1:27 PM 9 57th St 1121120227:17 AM 10 49 th street 112112022 6:32 AM 11 65th ct 1120120222:13 PM 12 49th 1119/20225:15 PM 13 50th st 1119120221:57 PM 14 49 st 111912022 11:27 AM 15 50th 1/19/2022 9:35 AM 16 49th Terrace 1118/20226:13 PM 17 49 th street 1118120224: 18 PM 18 I live on 50 street. 11181202211:10 AM 19 49 th street 1117120228:32 PM 20 64th Ave 1/17/20226:28 PM 21 44 1117/20226:03 PM 22 44 1/17/20226:03 PM 23 51st Street 1117120225:50 PM 24 4604 SW 64th Court 111712022 5:39 PM 25 SW 52 Terrace 1117/20224:38 PM 26 49 th street 1/17/20222:18 PM 27 52 terrace 1/17/2022 10 :33 AM 28 58th Ct 1117/202210:04 AM 29 6850 SW 49th St 1/17/20229:53 AM 30 50 Street & 65 Avenue 1/17/20229:47 AM 31 Miller Drive 1117/20228:51 AM 32 Miller Drive 1117/20228:50 AM 33 59 Street 1117/2022 8:45 AM 1/3 19 Community Input Survey -Paseo Park 34 Southwest 64th Court 1117/20228:10 AM 35 63rd ave and 48th st 1117/20227:48 AM 36 48 sl 1116/20221:24 PM 37 48 th 1/16/2022 12:31 PM 38 64th Ct 1/16/2022 12:08 PM 39 64tl1 court 1116/2022 12:07 PM 40 SW53RDTER 1116/2022 10:27 AM 41 48th Street 1/16/20227:15 AM 42 63 ave 1115/202210:17 PM 113 119 st 1115/2022 9:06 PM 44 Southwest 64th Court 1/15/20225:22 PM 45 SW 63 Ave 1/15/2022 3:08 PM 46 52 1115/202212:32 PM 47 63ave 1115/2022 11:44 AM 48 63 ave 1115/2022 11:44 AM 49 Sw and 46th street 1115/2022 10:39 AM 50 48th street 1115/2022 9:53 AM 51 49th street 1/14/2022 7:46 PM 52 54th In 1/14/2022 6:08 PM 53 63 Ave 1/14/20224:35 PM 54 69th ave 1114/20223:11 PM 55 SW 50th street 1/14/2022 2:20 PM 56 64th ave 1/14/2022 12:38 PM 57 SW 55 Lane 1114/202210:31 AM 58 40 1/14/202210:23 AM 59 Coral Lake Drive 1/14/2022 7:52 AM 60 50th Street 1/13/2022 10:06 PM 61 Coral lake drive 1113/2022 8:42 PM 62 50 terrace 1/13/2022 7:55 PM 63 SW 50th Street 1113/2022 7: 13 PM 64 52 1113/20226:13 PM 65 50th St 1/13/2022 5:06 PM 66 64th place 1/13/20224:42 PM 67 49 Street 1113/2022 3: 16 PM 68 46th Street 1113/2022 1:09 PM 69 50th st 1/13/2022 12:52 PM 70 49th street 1113/2022 12:35 PM 71. SW 42nct 1/13/202212:18 PM 2/3 20 72 73 74 75 76 77 78 79 80 81 82 83 B4 85 86 87 88 89 90 91 92 93 94 95 96 97 11743 SW 92nd Ln 49th Street 64th place 5025 sw 65th Ave 64th ct Sw 48th and 53rd intersection Sarria ave 67th 49th street 50th Sw 65th ave Community Input Survey -Paseo Park 50th -this street it is a quiet dead end please keep it that way 64 Place 48th and 67th 64th PL Sw49 st 49th Street 53rd street and 64 ave 64 ct 50th SW 64th Place 49th Street Sw 49th st SW 50th St 49 street 50th St 3/3 1113/2022 11 : 15 AM 1/13/2022 10:24 AM 111312022 9:53 AM 1113/2022 9:43 AM 1113/2022 8:50 AM 1/13/2022 8:38 AM 1113/20228:37 AM 1113/2022 .8: 13 AM 1/12/2022 W:49 PM 1/12/2022 10:41 PM 1112/2022 9:!J8 PM 1112/20229:48 PM 1112/20227:34 PM 1112/2022 7:20 PM 1112/2022 6:45 PM 1112/20226:12 PM 1112/20225:15 PM 1112/20225:09 PM 1112/2022 5:01 PM 1/12/20224:55 PM 111212022 4:52 PM 1112/20224:29 PM 1/12/2022 3:54 PM 1112/20223:39 PM 1112/2022 3:31 PM 1112/20223:16 PM 21 Community Input Survey -Paseo Park Q6 Which of the following days would be most convenient for you to attend a virtual community meeting? Monday at 6:30PM Wednesday at 6:30PM Both Answered: 97 Skipped: 0 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Monday at 6:30PM 15.46% Wednesday at 6:30PM 19.59% Both 64.95% Total Respondents: 97 15 19 63 22 # 1 2 3 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 Community Input Survey -Paseo Park Q7 Would you like to provide any additional comments you may have regarding this park? Answered: 84 Skipped: 13 RESPONSES DATE Na 1123/2022 11:38 AM No 1123/2022 11: 15 AM I enjoy running through the community parks, so running accessibility and green space would 1123/202210:26 AM be positive. Don't overdo. Keep it a!; a natural passage between the east and west sides of the "paseo." 1123/2022 9:06 AM Thank you for updating the park! 1/22/2022 12:30 PM No 1/21/2022 1:27 PM Thank you for doing tllis . lf21/2022 7: 17 AM No 1/21f2022 6:32 AM No lf20/2022 2:13 PM Nfa lf19/2022 5:15 PM Thank you. 1119f2022 1:57 PM No 1119f2022 11:27 AM No lf19/2022 9:35 AM No 1f18f2022 6:13 PM No 1/18f2022 4:18 PM I live between 64 and 63 Avenues. My concern is that people will be parking on 50 street, lf18/2022 11:10 AM making the street crowded.d No 1/17/20228:32 PM It's a fabulous idea! Thank you so much 1f17f2022 6:28 PM Do it! 1117f2022 6:03 PM Very excited to see this green space put to good use! 1f17/2022 5:50 PM The park really doesn't need much more other than what I suggested: greenery, native 1117/2022 5:39 PM landscaping, picnic tables, pathway, and a library box. No 1117/20224:38 PM No 1117/20222:18 PM Walked by this area for 32 years. Happy to know the city is addressing the beautification of the 1/17/2022 10:33 AM site No Keep it simple and open It should be a respite space where you rest; take a breath, sit in the shade, meditate, and get re energized. Kids here love to play soccer, maybe have a soccer net? This is great! Thank you 1/3 1117/202210:04 AM 1117/2022 9:53 AM 1117/20229:47 AM 1117/2022 8:51 AM 1117/20228:50 AM 23 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Community Input Survey -Paseo Park No 1/17/20228:45 AM Please make it dog friendly 1117/20228:10 AM Do not include parking space, just make it a park that is walkable for residents 1/17/2022 7:48 AM None 1/16/2022 1:24 PM A dog park (small dog section, big dog section), Astra turf for soccer 1/lG/2022 12:08 PM None 1116/202210:27 AM Better, more focused use of this space is a great idea. I live down the block and there is no 1116/20227:15 AM park in walking distance for families to visit. Our parks need some love, drive one city over and compare 1/15/2022 10: 17 PM Not at this time 1/15/2022 5:22 PM No 1/15/2022 3:08 PM My 1 and 3 YO daughters love this space as it stands now. I hope all the native plants stay be 1115/2022 12:32 PM it's a beautiful space Provide for security camera and police patrol 1/15/2022 11:44 AM Security cameras and after hours police patrol 1/15/2022 11:44 AM Nothing in particular 1/15/2022 10:39 AM N/a 1/14/2022 7:46 PM Happy to see this made into a park officially 1/14/20224:35 PM I don't think an actual park is needed. 1/14/2022 2:20 PM City should have multiple community input discussions throughout design process-not just at 1114/202212:38 PM the beginning Evening lights or close at dusk 1114/2022 10:31 AM Please turn this into a park. I have lived here 23 years and it has just become a problem space 1114/202210:23 AM for the neighbors and we would love a park Excellent idea for this unused space 111412022 7 :52 AM Must Ilave car barriers :) 1/13/202210:06 PM No 1113/2022 8:42 PM My property is directly south of this area. My backyard fence decides the park from my 1/13/2022 7:55 PM backyard. If lighting will be installed, please don't make it too bright. Also, when planting please consider low shedding trees as my pool is constantly littered by the tree leaves there now I'm not in favor of a park Good idea I love this idea. So the neighbors can get to know each other better. Make it happen! It should be a green space great work somi No No Walk-in paths No 2/3 1/13/20227:13 PM 1/13/20226:13 PM 1113/2022 5:06 PM 1113/20223:16 PM 11 13/20 22 1:09 P M 1/13/2022 12:52 PM 1113/2022 12:35 PM 1/13/202212:18 PM 1/13/2022 11:15 AM 1/13/2022 10:24 AM 24 64 65 66 of 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Community Input Survey -Paseo Park We would LOVE to have this happen!1 1f13f2022 9:53 AM N/a 1113/20228:50 AM I moved to this area in June from coconut grove and this has actually been one of my largest 1I13f2022 8:38 AM complaints since moving here that there is a lack of park space for families in this neighborhood. In coconut grove I could walk to two community playgrounds in under 5 minutes and there is nothing like that here. It would be great to have a gathering space for Families to meet each other that is very kid friendly and where you can bring pets as well. No 1f1Z/202Z 10:49 PM No 1/12/2022 10:41 PM Great idea, we walk through there daily and believe a park is a perfect use for the space. 1f12f2022 9:58 PM Kidfdog friendly would be ideal due to the local population's needs. Again please do not encourage cars on tllis street and kids to come at night. A park will do 1f12f2022 9:48 PM both. Keep It as hidden gem maybe betier landscaping only. Large oak trees 1f12f2022 7:34 PM There are no dog parks in the area 1112/2022 7: 20 PM Thank you. This increases our property value tremendously which means more tax revenue for 1/12f2022 6:45 PM you! Keep plans scaled to size of area. Also, don't allow cars to park at the East and west sides of 1112/2022 6: 12 PM 50 st. Our kids have really enjoyed natural playscapes that incorporate either real or faux rock 1f12/2022 5:15 PM formations. For examples, see westmoreland play area in Portland, Oregon or Prospector Park in Breckinridge, Colorado Great idea for mini park'! Only two no votes, the two private homes who have had the luxury of 1f12/2022 5:09 PM public space for private use. The grass alone is good . Also you should ask your maintenance people not to leave their 1f12/2022 5:01 PM desiel engines running while cutting the grass. 2 trucks the other day polluting and wasting fuel. Thank you No 1f12/2022 4:55 PM It would be nice to have a neighborhood place to be together so please make it child friendly 1112/20224:52 PM and fun for all ages We do not want a dog park there . 1112/2022 4:29 PM This area is an important community gathering space and we're very interested in keeping it 1/12f2022 3:54 PM green and improving it. It could be really great to also use it to pilot experimental green infrastructure and other environmental programs with educational materials. it is already seNing as a play area for kids. the maximum open space is essential for the play 1I12f2022 3:39 PM I have obselved. If the blacktop incursion were grass and the obstacles preventing cars from transiting were moved to the very perimeter (and allowed bicycle passage), that would be a significant improvement at little cost Hesitant of the building and how it will Impact traffic and street parking 1112/20223:31 PM No 1/12f2022 3:16 PM 3/3 25 IEXHIIIlOT m PRO FESlSBOIo9AL iSEilVICE "'ClIllE~NEiIIT "Profesilorcal GenI8ra1 Ene1nHfI"lng and Archltec:turallenrlces" RFQIIV'WlOI6-12 THIS AGREEMENT made and entered Into thb ~dayoll'\'1l t\\ .2011 by and between c:he Oty of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its C ity MaMler (hereinafter referred to as CITY or City Mana,er) and V\ !:to$.r-' l-l !; 1>,.\.£1 I N.CiS-g H6 who is authorized to do business in the State of Rorida, (hereinafter referred to as the "CONSUL TANT"). In consideration of the premises and the mutual coyenants contained in this AGREEMENT, the parties avee to the following terms and conditions: 1.0 Geomt Proyisions 1.1 A Nodee to Proceed wi ll be Issued by the ' City Manaaer. or his desllflef!, following the 5ilninz of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any eJCclusive rights to perform work on behaff of the Owner other than the work described In o ne o r more Notice to Proceed (he reinafter referTed to as the "WORK"). no r doe! it obligate the Owner in ;ny manner to cuarantee wOrk for the CONSU LTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT available data and documents in the CITY possession pertaininl to the WORK t o be perlonned under this AGREEMENT prompdy afte r the Issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scope of Services. The CONSULTANT shall pedorm the work as set forth In the Scope of Serylces as described in the Notice to Proceed. 3.0 TIme for Completion 3. J The servie .. '0 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 execution of this AGREEM ENT and shall be completed Within the time set forth 'in the Notice to Proceed or other document sil"ed by the Cby Man'ler. or designee. 3.2 A reasonable extension of dme will be cranted in the event there Is a delay on the part of the CITY in fulfillin, its part of the AGREEMENT, change of scope of work or should any other events beyond the conuol of the CONSULTANT render performance of his duties impossible. 4.0 B;nls of Compensation: The fees for services of the CONSULTANT shall be detennlned by one of the following methods or a combination thereof. as mutually '1reed upon by the aTY 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 '1reed upon by the CITY and the CONSULTANT and W such an agreement is reached. it shatl be in writinz, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A: •. 2 Hourly roue fee: If there is no fixed sum or if additional work 1$ requested without an qreement 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 hourty rates that shall include all Thom .. ' ....... 10011IH16 Pap 5 1 of 66 ,,. 26 wages, benefits, overhead and profit and that shal l bf: in writing. si&ned by the CONSULTANT and the City Man_ and attached llereto as ATTACHNlEI\IT A. 5.0 Paxment jlDd Partial Paymenu. 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 b. made 30 days followi", the receipt o( CONSULTANrs invoiCe as the work prOlresses but only for the work actually periormed and approved in writing by the City Manager. 6.0 fU&ht of DecisiON. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall dec" all questions, dlfficuftles 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. The representative's decisions upon all clzims. questions, and disputes shall be flnal, conclusive and binding upon the parties unless such determinatiOn is clearly arbitrary or unreasonable. In the event that the CONSULTANT d oes not concur in the Judgment 01 the representative IS to any decisions mad e by him. CONSULTANT .hall present his written objections to the City Manager and shall abide by the: decision of the CltyM ..... r. 7.0 Ownership of Documents. All reports and reproducible plans, and other data developed by ihe CONSULTAN T (or the purpo.e 01 th is AGREEMENT shall become the property of the OTY without restriction or limitation. 8.0 Audit !\IJhll. The CITY res ..... the right to audit the records of the CONSU LTANT related to this AGREEMENT at any time during the execution of the WORK and fo r a Derlod of one ' year after fina l payment is made. This provision is applicable only t o prc'jects that are on a time and cost basis. 9.0 If the contract amount exceeds the threshold amount provided in s. tatezory four, the CONSULTANT shall execute a truth·ln-negotiation certificate stating that waae rates and other factua l unit costs supportinC the compensation are accurate, complete, and current at the time of contracting. In such event, the orilinal contract price an d any additions thereto shall be adjusted to exdude any sicniflcant sums by which the City determines the contract price was increased due t o inaccurate, incomplete. or noncurrent wage rates and o ther faCbJai unit costs. All such contract ad justmenu must be made within one year following the end of the contract. 10.0 Sublettln" The CONSULTANT s~all 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 CONSULTANrs riJhts . The CITY may, in its sale discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's 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 consent of the CITY. AIly assiJoment or subcontracting In vtoladon hereof shall be void and unenforceable 11.0 Unaythor!zed AlIens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law . If che CONSULTANT knowinaiy employs unauthorized aliens , such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs u.ed by the CONSULTANT a, well . The CITY reserves the right at lu discretion, but does not assume the obligation, 1ltomI8 F. I"epe '"1l/2011 ..... 520166 ". 27 to require proof of valid citfzenship or, in the alternattve. prod of a valid Ireen card for each person employed In the performance of work or pr ovkllnl the ,oods and/or services for or On behalf of the CITY Incl ud ina: persons employed by any independent contractor. By reservln, this rizht, the CITY does no t assume any obliption or responsibility to enforce or ensure compliance with the applicable laws andlor rea:ulations. 12.0 Wiroot1. The CONSULTANT warrants that it has not employed or retained any company or person, o th er th.n a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not pajd or weed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee. commission. percentage fee. lifts or any other considerations continpnt upon or resultina: from the award o r makina: of this contract. For breach or violation of this warranty. the CITY shal l h~ve the riJht to annul this contract without is expressly un derstood and azreed that the CITY may terminate this for any reason o r no reason and without penalty by eleber deennln, to Issue Nodce to Proceed authorizin, WORK. or. if a Notic:e to Proc:eed is issued. CITY may termlna .. dlb AGREEMENT by _eo nodee to CONSULTANT, and In eidler event the CITY's sole obliption to the CONSULTANT shall be payment for the work previously authorized and performed in accordance with the prOYlsions of this AGREEMENT. Payment sha1l be determined on the basis of the work perfonned by the CONSULTANT up to the time o f termin2ldon. Upon termlnatton. the CITY shall be entlded to a refund of any monies paid fo r any period of time for which no work was performed. 14.0 IDem. this AGREEMENT shall remain in force until the end of the term. which includes aft authorized renewals. or unless otherwise terminated by the CITY. The t erm of this agreement Is three (3) years from the issua nce of the Notice to Proceed and one two- year optlon-to renew. The option to renew Is at the dlsaedon of the City Manager. T he 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 followtng the issuance of the Notice to Proceed. 15.0 In the eYent either party falls to comply with the proYisions of this the acgrieved party may dedare the other party in default and notify the defaulting party in writi",. If C ITY Is In delau l~ the CONSULTANT will only be compensated for any completed professional services and CONSULTANT shall not be entitled to any consequendal 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 atter notice that said sums are due. In the eyent of any litigation between the parties arlsln, out of or relatinl in any way to this AGREEMENT or a breach thereof. each party shafl bear its own COSts and lepI fees. 16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnlflcadon requirements that are set forth In ATTACHMENT 8 . to dlis AGREEMENT. 17.0 Avument Not Exclusiye. Nothing in this AGREEMENT shali preven, the CITY from employing other CONSULTANTS to perform the same or Si mil ar services. 18.0 Codes. Ordinances and Laws. Th~ CONSULT AI\IT agrees to abide and be governed by all duly promulgated and published municipal. county, state and federal codes, ordinances, rules, rqulatlons and laws which haye a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete and sll" all affidavits, including Public Entity Crimes AffIdavit form (attached) pursuant to FS 287.133(3) (a). as required by the CITY's solicitation. if any. appUcable to this .... 5301 .. 28 AGREEMENT. 19.0 Ima. CONSULTANT shall be responsible for payment of all (ederml, state, andlor local taxes related to the Work. industve of sales tax )f applicable . . 20.0 Dc", Free Wodqolll". CONSULTANT shall comply with CITY's Drug Free Workplace polky which Is made a part of this AGREEMENT by refer.nce. 21.0 Independent Contractor. CONSULTANT is an Independent entity under this AGREEMENT and nothing contained herein shall be construed to create a parmership. apncy relationship between the parties. 22.0 . CONSULTANT ayees to provide Its services durinl the term accordance with all applkable laws. rules, regulations. and heafth and safety standards of the federal, state, and CITY, which may be applicable to the .. ""ce beln, provided. 23.0 Ucenses and CertIfIcations. CONSULTANT shall secure aU necessary business and professJonal "censes at Its sole ex pense prior to executi ng the AGREEMENT. 24.0 Entire Aueement. Modificarlon. and Blndlnl Effect: This AGREEMENT constiwtes the entire agreement of the parties. Incorporates all die understandings of the parties and supersedes any prior ~enu. understandlnp. re prese ntation or nezotlatlon. written or oral. This AGREEMEi'lT may not be modified or amended except in writtnJ, sll'1ed by both panles hereto. This AGR EE MENT shan be blndln, upo n and inure to the benefit of the City of South Miami and CONSULTA NT and to their res pective hein. successon and ISS,,"S . No moarfication or im'Iendment of any terms or provisions of this AGREEMENT shal l be valid or blndln, unless It compiles w ith this paragraph. This AGREEMEN T. in lenn. and this paragraph, in particular. shall not be modified or amended by acts o r omissi ons of the pardes. If th is AGREEMENT was approved by written resolution of the O ty Commission. or If such approval is reqUired by ordinance or the City Charter. no amendment to thl$ AGR EE MENT shail be valid unless approved by written resolution of the City Commission. 25.0 !uO' Trial. CITY and CONSULTANT knowinatY. irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedinp in respect to any action, proceedin" lawsui t or counterclaim arisin, out of this AGREEMENT or the performance of the Work thereunder. 26 .0 Yalldl\Y of Executed COpies. This AGREEMENT may be executed in several counterparts. each of which shall be construed as an orizi nal. 27.0 Rules of Interpretation: Throughout thls AGREEMENT the pronouns that are used may be substituted for male. female or neuter, whenever applicable and the sln lUlar words substtwted for plural and plural words substituted for slnaular whe~r appUcabie. 28.0 SeyerabiIh;J . If any teno 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 and every other term and provlslon of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents. if any, and the riJhts and remee-les available hereunder. and, In particular but without limitation. the warranties. guarantees and obhgattons imposed upon CONSULTANT by the Contract Documents. if any. and th is AGREEMENT and the rights and remedies available to the cm hereunder, shal l be In addition to. and shall not be construed in any way as a limitation of. any ripts and remedies available at law or In equity. by special luarante8 or by other provisions of the Contract Documents. if any. or this AGREEMENT. In order to entide any party to exercise a~y remedy reserved to it in this Thom_ F.'epe 10/11/2016 Pap 54 0fU ". 29 AGREEMENT, or existing In law or in equity, it shall not be necessary to give notice. other than such notice as maybe herein expressly requlred. No remedy conferred upon or reserved to any party hereto. or existing at law o r In equity, shal l be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shan be In addition to every other remedy liven under this AGREEMENT or hereafter existi"& 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 rI&ht and power may be exercised from time to time as often as may be deemed expedient. 30 .0 Non-Waiver. CITY and CONSU LTANT qree 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 opente as a waiver of any right:, power, or privil ep under thls AGREEMENT. No waiver of this AGREEMENT. In whole or part. including the provisions of this paraaraph, 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, condkion or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor w ill a waiver of any breach of any tenn. condition or provision constitute a waiver of any subsequent o r succeedin, breach. The failure t o enforce this AGREEMENT as to any particular breach or defau lt st." not act as a waiver of any subsequent breach or default. 31.0 No DlscrImlnation and Equal EmplQ)'ment No actio n shall be taken by the CONSULTANT. nor wUl it permit any acts or omissions which result in discriminatio n "Plnn any person. In cluding employee or applicant for employment on the basis of race, creed , color , ethnicJty. national origin, rellJlon , ace. sex. familial staWs, marital status. ethnicity. sexual orientation or physical or mental di sability as pr oscribed by law and thac It will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilitie s Act and It will take affirmative action to ensure that such discrimin ati on does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations reprdlng employment ellgibiltty 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 Deparunent of Justice pertain!nc 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 all applicable regulations and laws cavernln, employment practices. 32.0 Goyern;n, 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. Rorlda. 33 .0 Effective Dace. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the Cit)' 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 Part)' Beneflciary. It is specifically understood and agreed that no ather 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 TII_F.hp. 11II11Ilf1' """ 55 of 66 '39 30 anyone other than the parties hereto. and that only the parties hereto shall have any rI&hu hereunder. 35.0 further Assurances. The parties hereto avee to execute any and all other and further documents as ml&ht be reasonably necessary In order to ratify. confirm, and effectuate the Inten' and purposes of this AGREEMENT. 36.0 Dme of Essence. Time is of the essence of this AGREEMENT. 37.0 Inw:pretatjon. This AGREEMENT shan not be construed more Sb'ongly against either party hereto. regardless of who was more responsible for its preparation. 38.0 FOI'Cf! Majeure. Neither party hereto shall be in default o f Its failure to perform its obliptions under this AGREEMENT If caused by acts of God. civil commotion, strikes. labor disputes. or &overnmental demands or requirements that could not be reasonably anticipated and the effects avoided or mttiJared. Each party shall notJfy the other of any such occur~ce. 39.0 Subcamract!nr; If allowed by thb AGREEMENT. the CONSULTAN T shall be as fully responsible to the CITY for the acts and omlnlons of its subcontractorslsubconsultants • ft Is for the acts and omlssions of people direcdy employed by it. All s ubcontractorslsubconlultants and their aqeemenu. If allowed by this AGREEMENT. musE be approved by die CITY. The CONSU LTANT ,hall req uire each subcontractor. who Is approved by the CITY. to aeree In the subcontract to observe and be bound by all obllpEion. and condidons 01 this AGREEMEN T ", which CONSULTANT is bound. 40.0 Public Records: CONSULTANT and all of I ... ubcon ... aors are required '" comply with the public records law ( •. 119.070 1) while providing (oods andlor senices on be"'lf of the CITY and the CONSULTANT. under such conditions. shall Incorporate this parll"aph In al l of its subcontracts for this Project. Under such condition. C ONSULTANT and its subContractors are speCifically required to: (a) Keep and maintain public records required by the public 8Iency to perfo r m the service; (b) Upon request from the public agency's custodian of public: records. provide t he public agency with a copy of the requested records or allow the records to be Inspected or copied within a reason;ble time at a COlt that does not exceed the cost provided In this chapter or as otherwise provided by law; (c) Ensure that public r ecords that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duradon of the contract term an d followinz completion of the contract If the contractor does not transfer the records to the public agency; and (d) Upon completton of the contract. transfer, at no cost. to the pubtlc agency all public records In possession of the contractor or keep and maintain public records required by the public 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 duphcate public records (hat are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains pubUc records upon completion of the contract., the contractor shall meet all applkable requirements for retainin& public records. All records stOred eiectrontcally must be provided to the public a.cency. upon request from the public agency's custodian of public records, In a format that is compatible with the Information techno/DIY synems of the public .. ency. iF THE CONTRACTO R HAS Q UEST IO NS REGARDING TH~ APPUCATION OF CHAPTIER 119, FLORIDA STATUTES, T O THIi CONTRACTOR'S DUTY TO PRO VI DE PUBLIC RE CORDS RELAT IN G T O T HIS CONTRACT, CONTACT THE C USTODIAN O f PUBLI C REC O R D ~ A T 305·663·6340; E·mail: mmenendez@southmlamlll.llov; 6130 Sunset Drive, South Miami, FI. 33 1 ~3. 41.0 Notices. Whenever notice shall be required or permitted herein. it shall be n.-F.· •• ,. IfIIUfJO" ..... of66 , ... 31 delivered by hand delivery. e -mai l (or similar electronic transm ission). facsimile transmission o r certified mail. with re tu r n receipt requested and shatl be deemed delivered on the da te shown on the e -mail or del iv ery conflrmadon for any facsimile transmission or, if by certified ma il, the date on the return receipt or the date shown as t he date same was refus e d or unclaimed. If hand delwered to the CITY. a copy must be stamped with the official City r eceipt stamp showinc the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the followi", in dividuats or entities at the addresses (Including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies to: To CONSULT AN T: City Man.,er, 6130 Su nset Dr. South Miami, FL 33 14 3 Tel : (305) 668-2510 Fax: (305) 6630634 5 E-mai l: salexa nder@sou t hmia mlfl .&o v C ity Attorney 61 30 Sunset Dr, South Miami, FL 331 43 T.I: (3 OS) 667-2564 Fax: (3 05) 341-0 584 E-mai l: tQef2e@southmle m lfI .fl.ru~ 42,0 ~~~:, The CONSULTA NT and its represenative w ho signs this T certi fi es under penalty of pe~ury that the C ONSULTANT and Its representadve have. and have exercised. the requi r ed corporate power and that they have compHed wtth al l applicable le,aI requiremet1U necessary to adopt. eJ(ecute and deliver thi$ AGREEMENT and to assume .the responsibilities and obligations created hereunder; an d that this AGR EE MENT is duly executed and delivered by an authorized corporate officer. in accordanc e with such officer's powers to bind the CONSULTANT hereunder. and constitutes a valid and bindin, obllption enforceable In accordance with Its terms, conditions and provisions, Bill WITMESS WHEREOF, this AGREEMEN T was signed on or before the cbte flrst above written subject to the terms and conditions set forth he rein . Tbomas F. Pepe IQlUnOl6 C:O~ 1ft By. ~ d M • 0 City of Miami By. -=-::7.'!'¢;:==~-S Alexande r ~ City Manager .... 57 of 66 '41 32 i I I I , , , Read and ApprOY<d u to Fonn, Lanauar, ~.'7.nd Executlon'- .y;~~ _ F. Pepe, &q. CIly'-mey "'--,. ,.,. II/UJHI' .... 110/" .. , 33 .:' i~' \ South'Miami ADDENDUM TO PROFESSiONAL SERVICE AGREEMENT "ProfeuiOl1lI General En&lneafllll and Ardlltectural ~ RF Q .PW2016-22 The CIty and CONSULTANT agree Ihal a separate rolallonal list will be dedlcaled lor work performed under a continui ng professional service co ntract, as specifled In the Scope of Services, for "Certified Arborists Services," and a separa te rot atio nal list will be established for all CCNA professional seNkes. "'Cert ified Arborlsts services" is defined as: " certified Arborfst Services : Consultant may be called upon to review all tree removal permit applications that are submitted to ens ure compliance. with th e regulations outli ned In section 20 -4.5.1 of the CltYs Land Development Code. The review indudes the initial site Inspection followed up by th e determination of mitigation and a flnallnspection. When needed, assist City Departme nts with other Issues related to the mainten an ce, preservation, and protection of t rees on both private and publ ic prope rty. The rolatlonal list lor 'Ce rt lfi ed Arborists Services" will rotale every Ihree (3) months among the CONSULTANTS. The City inten ds to retain a maximum of four (4) qualified firms under fo ur (4) separate but simila r Professional services Agreements. ....-/ ~ /-----CONSU LT~/:~I By: -',~,?--;i;; __ By:""....,~ ~~ __ ( ~Steven Alexander, City Manager (~ ~rr> .J{!(JrB 2PINi<J ' ltv- (Name of SllJl1atory) Read and Approved as to Form, languale, Le.alltvand ExecuUon thereof: By: .:Z:;;~~~6~" Thomas F. Pepe, Oty Attorney 34 lbomaI (II . Pep. .1rI.JJ2016 A TT ACMMIE!I!IT A "<!:OMPIEUlliliA 'Il"O@INI" I'ROfES5iOillAL SERVICE AG!IIEIEMIEL'IlT uprofeuiall'lal GIBI'T4B"aI !En al n .. ln, and Arctdtlcturai SiilB"Ylces" UllFiQ IIIPWID I i·12 Pap St of" .. 3 35 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 Se nior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $75.00 Senior CADO Technician $75.00 (ADD Technician $65.00 GIS Technician $80.00 Senior Construction In spec tor $90.00 Construction In spector $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 Admini strative Assistant $65.00 Clerical $45.00 36 ATTACHMIENT.1m D6I!51.11M.NCIE" INlOilMNII'HC/ii\T!©l1lll RIe~l!Ja~IE6'\l!:iliTi!i 1.010 Insu@ne, PROFESSIONAL SERVlClE AGRHHIENT "fror.,londl Gtaa.rlll IE;,.""",.. and Arc;lh ihlcturall S,rvlells" 1IlFQ1\IPW20 ... 22 A Without IImldn, Its liability. the Contractor, consultant or consulting firm (hereinafter referred to as "ARM" w;th regard to Insurance and Indemnificadon requirements) shall be required to procure and maintain at its own expense durin, the life of the Contract. Insurance of the types and in the minimu m amounts .stated below as will protect me FIRM, from claims which may arise out of or resu lt from the contract or the performance of the contract with the C ity of Soud! Miami. whether such claim Is apinst the FI RM or any sub-contractor. or by anyone directly or Indirectly emptoyed by any of them o r by anyone for whose leu any of them may be llabt e. B. No insurance required by the CITY shall be Iss ued or written by a surplus li nes carrier unless authorized in writlna by the CITY and such authorization shall be at the CITY's sole and abso lute discretion. The FIRM shall pur ch ase Ins urance 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 min imum, from all claim s as set forth below which may ari se out of or result from the fiRM's operations und er the Contract and for which the ARM may be lepliy liable.. whether such operations be by the FIRM or by a Subcontractor or by anyone direc dy or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims unde r workers' compensation , disability benefit and other Similar employee benefit acts which are applicable to the Work to be performed ; (b) claims for dam.s becau se of bodi ly injury, occupational sickness or disease. or death of the FIRM's employees: (c) dalms for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damlJ;es insured by usual personal Injury liabil ity coverage; (e) claims for damaces . other than to the Work ieself. because of injury to or destruction of tangible property. Including loss of use resulting there from: (I) claims for dam"es because of bodily injury. death of a person or property dam.,. arising OU' of ownership. maintenance or use of a motor vehicle; (g) claims for bodily injury or property damaze arising out of completed operations; and (h) claims invoMng contractual liability insurance applicable to the ARM's obligations under the Contract. 1.0 II Brm's jnsurance 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 insurante covel'ale written on Florida approved forms and as set forth below. 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in comptiance with the "Workers' Compensation 12w" of the State of Florida including Chapter 440. Florida Statutes •. as presently written or hereafter amended . and all applicable federal laws . ThonwF.,. 100IlIlOit Pap 10 of" 145 37 In addition, the policies must In clude: Employers' Lia bility at the statutory covel"a&e amount. The FIRM shall further Insu r e that all of its Subcontractors maintain appropriate levels of Worker's Compenndon Insura nce. 1.013 Commercial Comprehensive General Uabillty insurance wid'! broad form endorsement. as weU as automobile liability, completed operations and products hablllty, contractual liability, severability of interest with cross liability provision, and personal injury and pr operty damage liability with limits of $1,000,000 combined 51ngte limit per occurr ence and $2.000.000 aggregate. incl uding; • PenonaJ Injury: $1,000,000; o Medical Insurance: $5.000 per person; o Property Damage: $500.000 each occurr ence; 1.01'" UmbreUa Commercial Comprehens ive General Ua bility insura nce 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 an d $2,000,000 Annual Aggrepte. Covenae must be afforded on a form no more restrictive than the lateSt e dl don of the Comp rehensive General Uabillty policy. without: restrictive endorsements, as filed by the Insurance Services Office. and must In clude: (a) Premises and Operation (b) Independent Contractors (c) Products andlor Com pleted Operations Huard (d) &plosJon, Collapse and Unde'lround Huard Coverage (e) Broad form Property Dam"e (f) Broad Form Contractual Coverage applicable to this specific Contract. Including any hold harmless andlor indemnification agreement. CI) Personal InJury Covera,ce with Employee and Contractual Exclusions removed. with minimum limits of coverage equal t o those required for Bodily In jury liability and Property Dam .. Li.bility, 1.0 I 5 Business Automobile Uabil!0' with minimum limits of One Million Dollars ($1,000,000.00) plus an addidon.1 One MIlKon Dollar ($1,000,000.00) umbrella per occurrence combined si""e limit for Bodily Injury Uabllity and Property Dam ase liability, Umbrella coverage must be aforded on a form no more restrictive than the latest edldon of the Business Automobile liablhty policy. without restrictive endorsements. as filed by with the state of Florida. and must indude: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownershlp 1.0 16 SUBCONTRACTS: The FIRM agrees that if any part of~e Work under the Contract is sublet. the subcontract shall contain the lame 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 Extended Coveract: Insyrance (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, ItBroad" formfAl1 Risk Insurance on buildings and structures, Including Vandalism & Malicious Mischief coverage. while in the course of construction, Induding foundations, additions, attachments and a. permanent fixtures belonging to and consdtutJng a part of Tttom .. F. hp" 10I1l/10 " Ptre 61 of 66 '46 38 said buildlnp or structures. The poricy o r policies shall also cover machinery . If the Cost of machinery" included In the Contract. or if the machinery is located in a build Inc that Is beinl renovated by reason of this con traCI:. The amount of insurance must, al: all times. be at least equal to the rep'acement and actual cash value of the insured property. The policy shaJl be in the name of the CITY and the Firm, as their Interest may appear, and shall also cover the interests of all Subcontractors performlnl Work. O. All of the provisions set forth In Miscellaneous seaion herein below shall apply to this coverage unless It would be dearly not applicable. 1.018 Miscellaneous; F. If any notice of cancellation of Insunnce or change In coverage is issued by the: insurance company or should any Insurance have an axplratlon date that will occur dun", the period of this contract, the FIRM shall be responsib le for secu ring other acceptable insurance prior to such cancellation. change, or expiration so as to provide continuous coveraa:e ai sped6ed In this seedon and so as to m2l lntain coverage during the life of this Contract. G. All deductible. must be declared by the FIRM and must be approved by the CITY. At the opcion of the CITY, either the FIRM sh aJl eliminate or reduce such deductible or the FlR.M shall procure a Bond. In a form satisfactory to the ~ITY coverl.ng the same , H. The policies shall contain waiver of subroption apinst CITY where applicable. shall expressly provide chat such policy or poli Cies are primary over any other collectible Insurance that CITY may have. The CITY reserves the rlcht at any time to request a copy of the required pol icies for review. All policies shal l co ntain a "severability of interest" or "cross lla blllty" claU$f! without obliption for premium payme nt of the C ITY as weD as contractual Ilabltlty provision covering the FIRM'S duty to indemnify the City as provided in mi. Aareemen~ I. BoIore startI", the Worle, the FIRM sholl delive r to me CITY certificate' of suct! insurance, acceptabl e to the CITY. as well as the insurance binder, if one is bsued, the Insurance policy. Incl ud inC the declaration page and all applicable endorsements and provide me name, address and telephone number of the Insurance Ilene or broker through whom the policy was obtained. The insurer shall be rated AVII or better per AM. Best's Key Ratlnz 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 may be required by the CITY, at its sole discretion , to provide a "certified copy" of the Policy (as defined In AMide I of this document) which shall indude the declaration page and all required endorsements. In addition. the FIRM shall deliver, at the time of deljyery of the insuranCe certiflcate, the following endorsements: (3) a policy provision or an endonement with substantially similar provisions as follow>: ThomIIt F.Pe,. 1001JIJ016 ''The City of South Miami is an additional insured. The insu rer shall pay all sums that the City of South Miami becomes leplly 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 fo r commercial ceneralliability coverage A and coverage B"; "".1 of 06 ,<7 39 (4) a policy provision or an endorsement with substantially similar provisions as follows: "Thil policy shall no t be cancelled (including cancelladon for non-payment of premium). t enninated or materially modified without first giving the City of South Miami ten (IO) days advanced wri tten notice of the Intent to materially modify the policy or to cancel or terminate the policy for any reason. The notiflcatton shall be delivered t o the City by certifted mai~ with proof of deltvery to the City." J. If the FIRM is providing professional services. such as would be provided by an architect, enJineer. attorney, or accountant, to name a few. then .... such event and In addition to the above requirements. the ARM shall also proVide Professional UabMity Insurance on a Rorida approved fo r m In the amount of $1.000.000 with deductible per dalm If any, not to exceed 5% of th e limi t of liability providi ng for all sums which t he FIRM shall become Iqally obligated to pay as damaa;es for claims ariSing out of the services or work performed by the FIRM m aaents. representatifts, Sub Contractors or assigns. or by any person employed or r~talned by him In connection with this A,reement. This in surance shaH be maintained for fo ur years after completion of the construction and acceptance of any Project covered by th is Aueement. However. the FIRM may purchase Speclftc Project Professional Uability Insurance. In the amoun t and under the terms specified above. which is also acceptable. No insu r ance shall be is sued by a surplus lines carrier unless author ized in w riting by the city at the city's sole. absolute and unfettered discretion. 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 nestigence or other fault of the Arm or anyone acti nl th rough or on behalf of the Firm. H. The Firm shall indemnify, defend, save and hold CITY. its officers. affiliates, employees, successors and assilns. harmless from any and all daJnaps. claims, liability. losses , claims, demands, sults. fines, Judgments or cos t and expenses. Including reasonable attorney's fees. paralegal fees and Investiptive costs incidental there to and incurred prior to, during or following any litiption. medlatlon. arbitration and at all appellate 1!:Vets. which may be suffered by, or accrued against. chal"fed t o or recoverable from the City of South Miami . its officers. affiliates, employees, successors and assiJlls, by reason of any causes of actions or claim of any kind or nature. includins claims for injury to. or death of any person or persons and for the loss or damaa:e to any property arising; out of a neglisent error, omission, misconduct. or any Iross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their offICers, directors. lIenu, representatives, employees, or assilns. 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 obllptlons under this AGREEMENT. I. The Arm shall pay all claims, losses and expenses of any kind or nature whalSoever. in connection therewith, including the expense or loss of the CITY andlor its affected 1"homM'. hpe 111131201' Page 6J of 66 , .. 40 officers, affiliates. employees, successors and assigns, includin& their attorney's fees, in the defense of any acdon In law or equity brought qalnst them and arising from the neglipnt elTor, omission, or act of the Firm, its Sub-Contractor or any of their agents. representatives. employees. or assigns, and/or arising out of, or incident to, this Aueement, or incident to or resulting from the performance or non-performance of the Firm's obngations under this AGREEMENT. J. The Arm aarees and recoan1zes that neither the CITY not Its officers, affiliate$. employees, successors and assigns shall be held fiable 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 Finn. its contractor/subcontractor or any of their a&enu. representatives, employees, or assigns, or anyone acan, through or on behalf of the them, and amine out of or concernin, the work o r event dlat Is occurr ing on the CITYs property. In reviewing. approvins or rejecting any submissions or acts of the Firm, CfTY In no way assumes or shares responslbl lky or liability for the acts or omissions of the Firm, its conb"lctor/subcontractor or any of their agenu , representatives, employees, or assigns, or anyone acting through ot on behalf of them. K. The Finn has the duty to provide a defense with an attOrney or law flrm approved by the City of Saurh Miami, which approval wtll nOt be unreasonably withheld. L However. as to desian professional contracts, and pursuant to Section 7lS.0a (I), Florida Statutes. none of the provisions set forth herein above that are In conflict with this subp~ptJ stlall appty and this subparagraph shall set forth the sole responsibility of the design professional concerning Indemnification. Thus. the design professional's obligadons as to the City and Its acencies, as well as to its officers and employees. is to indemnify and hold them harmless from liabi lities, damages, losses, and costs , Including. but not limited to, rnsonable attorneys' fees, to the extent caused by the nqllzence, reck lessness, or Intentionally wrongful conduct of the design professional and other persons employed or utilized by the desi&" professional in the performance of the contract. THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 608 of" ".