Res No 002-24-16107RESOLUTION NO. 002-24-16107
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING A PROPOSAL AND PROJECT
AGREEMENT WITH M&J ENGINEERING, P.C. TO
PROVIDE DESIGN SERVICES FOR DRAINAGE
IMPROVEMENTS ALONG SW 76TH TERRACE BETWEEN
SW 67TH A VENUE AND SW 69TH AVENUE IN AN
AMOUNT NOT TO EXCEED $38,875; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, on May 3, 2022, the City Commission of the City of South Miami
(the "City") adopted Resolution No. 056-22-15809, authorizing the City Manager to enter into a
continuing professional services agreement (the "Agreement") with M&J Engineering P .C.
("Consultant") to provide general engineering services on as-needed basis (the "Services"); and
WHEREAS, the City is in need of the Services for the design of drainage improvements
along SW 761h Terrace between SW 67 111 Avenue and SW 69 th A venue (the "Project") as the area
is experiencing localized flooding during rain events due to improper drainage infrastructure; and
WHEREAS, in order to implement the Project, the City desires to enter into a Project
Agreement with the Consultant in substantially the form attached hereto as Exhibit "A'' to provide
the Services for the Project in an amount not to exceed $38,875.00 based on the terms of the
Agreement and the Proposal attached hereto as Exhibit ''B"; and
WHEREAS, the cost of the Project will be funded from Account Number 30 l-1790-519-
6450, which has a current balance of $2,044,472.88; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Approval of Proiect Agreement. The Project Agreement attached hereto
as Exhibit "A'' and the Consultant's Proposal attached hereto as Exhibit "B" are hereby approved.
Section 3. Authol"ization. The City Manager is hereby authorized to execute the
Project Agreement with the Consultant, in substantially the form attached hereto as Exhibit "A,"
Res. No. 002-24-16107
for th e provis ion o f th e Services for the Proj ect in an a mo unt not to exceed $3 8,875 based on the
term s of the Agreement and the Proposal , attached hereto as Exhibit "B," subject to the final
app rov a l of the C ity Manager and C ity Attorney as to fonu, content, and legal sufficiency. The
City Manager is hereby authorized to charge th e costs of th e Services for th e Project to Account
Number 30 l-1 790-519-6450, whi ch has a curre nt bal ance of $2,044,472.88.
Section 4. Implementation. The C ity Manager is authorized to take any and all
actions n ecess ary to impl eme nt th e Project Agreement a nd the pmposes of thi s Reso luti on.
Section 5. Corrections. Conforming language or technical scrivener-type corrections
m ay be made by the C ity Attorney for any co nforming amendments to be incorporated into the
fina l resolution for signature.
Section 6.
a doption.
Effective Date. This Reso lution shall become e ffec ti ve imme diate ly upon
PASS ED AND ADOPTED thi s 16th day of January, 2024.
ATTEST:
READ AND A PPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION TH ER EOF
IS S SEROT A ELFMAN COLE
& IERMAN,P.L.
CITY A ITORNEY
APPROVE D:
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissi one r Ca lle:
Commissioner L iebma n:
5-0
Yea
Yea
Yea
Yea
Commi ssioner Corey : Yea
Page 2 of2
Agenda Item No:1.
City Commission Agenda Item Report
Meeting Date: January 16, 2024
Submitted by: Roger Pou
Submitting Department: Public Works & Engineering
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPROVING A PROPOSAL AND PROJECT AGREEMENT WITH M&J ENGINEERING, P.C. TO PROVIDE
DESIGN SERVICES FOR DRAINAGE IMPROVEMENTS ALONG SW 76TH TERRACE BETWEEN SW 67TH
AVENUE AND SW 69TH AVENUE IN AN AMOUNT NOT TO EXCEED $33,875.00; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5
(CITY MANAGER-PUBLIC WORKS & ENGINEERING DEPT.)
Suggested Action:
Attachments:
Memo-Drainage_76Tr_-M_J-1-4-24 (1).docx
47Z666602-Resolution_Approving_Project_Agreement_-_M_J_-_SW76th_Terrace_from_67th_Ave_and_69th_Ave.doc
x
Exhibit A - Project Agreement - J&M Engineering PC - Drainage Improvements SW 76th Ter.DOCX
Exhibit B - City South Miami_Drainage Improvements SW76 Terr Bet SW67 Ave to SW69 Ave rev3.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:Tuesday, January 16, 2024
SUBJECT:Drainage Improvements SW 76th Terrace between SW 67th Avenue and SW 69th
Avenue
RECOMMENDATION:
Approve the proposal and project work/purchase order with M&J Engineering, P.C.to provide
design services for drainage improvements along SW 76th Terrace between SW 67th Avenue and
SW 69th Avenue.
BACKGROUND:
The roadway segment along SW 76th Terrace between SW 67th Avenue and SW 69th Avenue is
experiencing localized flooding during rainstorm events due to improper drainage in the area. To
address the localized ponding, M&J Engineering, P.C., will design and develop construction plans
as well as provide bid and post design services.
As the next City’s rotation list consultant, M&J Engineering, P.C., was requested to provide a
proposal for drainage improvements. On January 4, 2024, M&J Engineering, P.C., submitted a
revised proposal for drainage improvements that is comprehensive and cost effective for the
services requested.
FUND &ACCOUNT:
Amount not to exceed $ 38,875.Please refer to the consultant contract and fee schedule. The
expenditure shall be charged $38,875 to the Capital Improvement Program Fund account number
301-1790-519-6450 which has a balance of $2,044,472.88 prior to this request.
ATTACHMENTS:
Resolution
Resolution 056-22-15809
Revised Proposal –M&J Engineering, P.C.,dated 1/4/2024
2
PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
And
J & M ENGINEERING, P.C. D/8/A M & J ENGINEERING, P.C.
Project Name: Drainage Improvements Arong SW 761h Terrace
Between SW 67 81 Avenue and SW 69 th Avenue
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PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
and
J & M ENGINEERING, P .C. DIBIA M & J ENGINEERING, P .C.
Project Name:
Drainage Improvements Along sw 76th Terrace Between sw 67 th Ayenue and sw 69 th Ayenue
This Project Agreement between the CITY OF SOUTH MIAMI, FLORIDA (the 11City11
) and
J & M ENGINEERING, P.C. D/B/A M & J ENGINEERING, P.C. (hereinafter referred to as °Consultanf') rs
made effective as of the _____ day of _____ , 2024, and authorizes the Consultant to
provide the services as set forth below, subject to the provisions contained In the "Professional Services
Agreement• between the City and the Consultant dated May 3rd , 2022 (the "Agreement").
SECTION 1. SCOPE OF SERVICES
1.1 Consultant shall provide professional general engineering services (the "Servlcesn) for
Drainage Improvements along SW 751a Terrace between SW 671h Avenue and SW 6Qlh Avenue
(the 11 Projecl°) In accordance with the terms and conditions of the Agreement and shall complete the tasks
that are Identified and described In the Project Proposal attached hereto as Exhibit 11111 (the "Proposaf) for
the City.
1.2 The City may request changes that would Increase, decrease, or otherwise modify the
scope of services outlined under the Proposal attached hereto as Exhibit "1." Such changes must be
contained In a written change order executed by the parties In accordance with the provisions of the
Agreement, prior to any deviation from the terms of this Project Agreement, Including the Initiation of any
extra work.
SECTION 2. DELIVERABLES
2.1 As part of the scope of Services and Project schedule, the Consultant shall provide the
City with the Deliverables Identified In the Proposal attached hereto as Exhibit "1.11
SECTION 3. TERM/TIME OF PERFORMANCE/DAMAGE
3.1 Imm., This Project Agreement shall commence on the date this Instrument Is fully
executed by all parties and shall continue In full force and effect until terminated pursuant to Section 6
herein or other applicable provisions of the Agreement. The City Manager, In his sole discretion, may
extend the term of this Project Agreement through written notification to the Consultant. Such extension
shall not exceed 90 days. No further extensions of this Agreement shall be effective unless authorized by
the City Manager.
3.2 Commencement, Services provided by the Consultant under this Project Agreement and
the time frames applfcable to this Project shall commence upon the date provided In a written Notice to
Proceed rcommencement Date") provided to the Consultant by the City. The Consultant shall not Incur
any expenses or obllgatlons for payment to third parties prior to the Issuance of the Notice to Proceed.
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Consultant must receive written notice from the City Manager prior to the beginning the performance of
seNlces.
3.3 Contract Time. Upon receipt of the Notfce to Proceed, the Consultant shall provide the
Services for the Project to the City on the Commencement Date. and shall continuously perform the
Services for the Project to the City, without Interruption, In accordance with the time frames set forth In the
Proposal attached and Incorporated Into this Project Agreement as Exhibit 111". The number of calendar
days from the Commencement Date, through the date set forth in the Project Schedule for completion of
the Project or the date of actual completion of the Project, whichever shall last occur, shall constitute the
Contract Time.
3.4 All llmltatlons of time set forth In this Project Agreement are of the essence.
SECTION 4. AMOUNT, BASIS AND METHOD OF COMPENSATION
4.1 Compensation. Consultant shall be compensated for the provision of the Services for the
Project in accordance with Exhibit 111" attached hereto. Consultant shall receive a total lump sum fee of
$38,875.00 for the provision of the Services for the Project.
4.2 Relmbursable Expenses. All reimbursable expenses are Included In the total
compensation listed In Section 4.1 above.
SECTION 5. BILLING AND PAYMENTS
5.1 Invoices
5.1.1. Compensation and Reimbursable Expenses. Consultant shall submit Invoices
which are Identified by the specific project number on a monthly basis In a tlmely manner. These
Invoices shall Identify the nature of the work performed, the phase of work, and the estimated
percent of work accomplished in accordance with the Payment Schedule attached hereto as Exhibit
"1 11 and made part of this Project Agreement. Invoices for each phase shall not exceed amounts
allocated to said phase plus reimbursable expenses accrued during each phase. The statement
shall show a summary of fees with accrual of the total and credits for portions paid previously.
5.1.2. Florida Prompt Payment Act. The City shall pay the Contractor In accordance with
the Florida Prompt Payment Act after approval and acceptance of the Services by the City
Manager.
5.2 Disputed Invoices. In the event that all or a portion of an Invoice submitted to the City for
payment to the Consultant Is disputed, or addltional backup documentation Is required, the City shall notify
the Consultant within fifteen (15) working days of receipt of the Invoice of such objection, modification or
additional documentation request. The Consultant shall provide the City within five (5) working days of the
date of the City's notice. The City may request addltlonal Information, Including but not lfmlted to, all
Invoices, time records, expense records, accounting records, and payment records of the Consultant. The
City, at Its sole discretion, may pay to the Consultant the undisputed portion of the Invoice. The parties
shall endeavor to resolve the dispute In a mutually agreeable fashion.
5.3 Suspension of Payment. In the event that the City becomes credibly Informed that any
representations of the Consultant, provided pursuant to Subparagraph 5.1. are wholly or partially
Inaccurate, or In the event that the Consultant Is not In compliance with any term or condition of the
Agreement or this Project Agreement, the City may withhold payment of sums then or In the future otherwise
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due to the Consultant until the Inaccuracy, or other breach of Agreement or Project Agreement, and the
cause thereof, Is corrected to the City's reasonable satisfactfon.
5.4 (INTENTIONALL V OMITTED)
5.5 Flnal payment. Submission to the Consultant's Invoice for final payment and
reimbursement shall constitute the Consultant's representation to the City that, upon receipt from the City
of the amount Invoiced, all oblfgatlons of the Consultant to others, Including Its consultants, Incurred In
connection with the Project, shall be paid In full. The Consultant shall deliver to the City all documents
requested by the City evidencing payments to any and all subcontractors, and all final specifications, plans,
or other docurnents as dictated In the Proposal, Scope of Services, and Deliverables. Acceptance of final
payment shall constitute a waiver of all claims against the City by the Consultant.
SECTION 6. TERMINATION/SUSPENSION
6.1 For Cause. This Project Agreement may be terminated by either party upon five (5)
calendar days written notice to the other should such other party fall substanUally to perform In accordance
with Its material terms through no fault of the party Initiating the termlnatton and falls to cure the failure to
perform within such five (5) day period. In the event that Consultant abandons this Project Agreement or
causes It to be terminated by the City, the Consultant shall Indemnify the City against any loss pertaining
to this termination. In the event that the Consultant Is terminated by the City for cause and It Is subsequently
determined by a court by a court of competent Jurisdiction that such termination was without cause, such
termination shall thereupon be deemed a termination for convenience under Section 6.2 and the provision
of Section 6.2 shall apply.
6.2 For Convenience. This Project Agreement may be terminated by the City for convenience
upon fourteen (14) calendar days• written notice to the Consultant. In the event of such termination, the
Consultant shall Incur no further obllgatlons In connection with the Project and shall, to the extent possible
terminate any outstanding subconsultant obllgatlon(s). The Consultant shall be compensated for all
Services performed to the satlsfacUon of the City and reimbursable expenses Incurred prior the date of
termination. In such event, the Consultant shall promptly submit to the City Its Invoice for final payment and
reimbursement which Invoice shall comply with the provisions of Section 5.1. Under no circumstances shall
the City make payment of profit to the Consultant for services which have not been performed.
6.3 Assignment upon Termination. Upon termlnatfon of this Project Agreement, a copy of all
work product of the Consultant shall become the property of the City and the Consultant shall within ten
(10) working days of receipt of written direction from the City, transfer to either the City or Its authorized
deslgnee, a copy of all work product In Its possession, Including but not llmlted to designs, specifications,
drawings, studies, reports and all other documents and data In the possession of the Consultant pertaining
to this Project Agreement. Upon the City's request, the Consultant shall addillonally assign Its rights, title
and Interest under any subcontractor's agreements to the City.
6.4 suspension for Qonyenlence, The City shall have the right at any time to direct the
Consultant to suspend Its performance, or any designated part thereof, for any reason whatsoever, or
without reason, for a cumulative period of up to thtrty (30) calendar days. If any such suspension Is directed
by the City, the Consultant shall Immediately comply with same. In the event the City directs a suspension
of performance as provided herein, through no fault of the Consultant, the City shall pay the Consultant as
full compensation for such suspension the Consultant's reasonable cost, actually Incurred and paid, of
demobfllzatton and remoblllzatlon.
3 of4
Section 7. American Rescue Plan Act Contract Conditions.
7.1 The Consultant acknowledges that the Services authorized under this Project Agreement
may be fully or partially funded utilizing Coronavlrus State and Local Fiscal Recovery Funds allocated to
the City pursuant to the American Rescue Plan Act ("ARPA"). Towards that end, the Consultant shall be
required to comply l ith all laws, rules, regulations, policies, and guidelines (Including any subsequent
amendments to suclrtaws, reguta::i;les, and guidelines) required by ARPA, as further detailed In
the ARPA Addendum .
If co fiRl~~~~~~~~:nd • equired, the City shall select this box: D.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS,]
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IN WITNESS WHEREOF, the parties hereto have caused this Project Agreement executed as of
the day and year as first stated above .
ATTEST:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
~~
CITY:
CITY OF SOUTH MIAMI , F
Florida Mun· ·pal Corpor
By:
ro "Chip" Iglesias, City Man er
Date : __ 1.-_\~___._\~_:f~---
CONSUL TANT:
J & M ENGINEERING, P.C. D/B/A
M & J ENGINEERING, P.C.
John Schreck P .E.
Title : Sen ior Vice President
Date : __ 1/17/23
WITNESSES:
Pr~
~
PrintName:isabeiia_T_o-re-11-i --
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•
...
EXHIBIT "1"
PROJECT PROPOSAL
"INNOVATIV E AND STATE.OF-THE•ART SOLUTIONS"
9350 South Dixie Highway, Suite 1440
Miami, FL 33156
v,MJV-.1.mjengineers.com
January 4, 2024
Aurelio J. Carmenates, P.E.
Capital Improvement Program Proje ct Manager
City of South Miami
Public Works Engineering & Construction Division
6130 Sunset Drive
Miami, Fl 33143
Re: Proposal for Engineering and Survey Services: Drainage Improvements SW
76 Terrace between SW 67 Ave. to SW 69 Ave . -Revi sed 3
Dear Mr. Carmenates,
M&J Engineering, P.C. (M&J) appreciates the opportunity to submit our revised Proposal for the
referenced project. As per the City's request, it is understood the intent of this project is to perform
a survey within the project area that is highlighted on the attached map. We also understand the
City is requesting a design to mitigate the localized flooding In the subject area. We will focus our
flood mitigation efforts near the SW 68th Avenue/SW 76th Terrace intersection.
John Schreck, P.E. will serve as Principal and Project Manager. He will ensure that the necessary
resources are allocated for the project and that a harmonious relationship will be maintained
between M&J's project team and the City. Mr. Schreck has over 28 years of experience in planning,
design, and construction management for a wide range of municipal stormwater/civil engineering,
and Inspection projects .
MILLER~EGG
e:--PACI FI CA~
~NGI NEE RIN1/
SERV I CES
Our team is further strengthened by our cooperative collaboration
with Miller Legg. Miller Legg will be providing topographic surveying
services for this project.
Additionally, Pacifica Engineering Services, LLC will be providing, as
required, geotechnical engin eering services for this project.
New York. New Jersey. Connecticut. Pennsylvania •Virginia• Washington D.C. • Fl orida • California • Texas
M&J ENGI NEERIN~
•INNOVATIVE ANO STATE-OF-THE-ART SOLIITIONS"
The scope of work M&J proposes is as follows :
9350 South Dixie H ighway, Su ite 1440
Miami, FL 33156
www.mjengineers.com
M&J's project manager and project engineer will meet with the City of South Miami's
representatives to further discuss the objectives of the project. M&J will coordinate and attend
meetings with the City and any other stakeholders as required to provide technical support and
information.
Task 1 -Field Investigations and Coordination: M&J's Team will perform a planimetric and
topographic survey of the area of the proposed improvem en ts (See attached map). Locations and
elevations of the structures, trees, utilities, and other topographic features will be included on our
base mapping. Any costs associated with any additional underground utility mark-outs required are
not Included in our fee.
Task 2 -Preliminary and Final Plans and Specifications: M&J will prepare two (2) conceptual
alternatives with several options for mitigating the localized flooding. Once approved, M&J will
prepare preliminary plans and specifications for the preferred alternative. Plans and details of the
proposed improvements will be developed at scales suitable for depicting the salient features to be
constructed. Plans will include, at a minimum, layouts, profiles, sections, alignments, tables, and
details . Maintenance and protection of traffic and pedestrians along with construction staging
options will be addressed during thi s phase. M&J will prepare maintenance and protection of traffic
plans and construction staging plans, as required. Two (2) sets of preliminary plans and
specifications will be provided to the City for review and comment.
Upon approval of the preliminary plans and specifications, M&J will progress to the next phase of
the project, the preparation of bid documents (final detailed drawings and specifications). Our team
will revis e the documents as ne cessary. This final phase is included In Task 2.
Task 3 -Bid Phase: During this phase, M&J will assist the City In responding to bidders' Inquiries
and is sue addenda as necessary. Upon receipt of bids, M&J will assist the City in the evaluation of
each bid. Our team will review the apparent low bidder's prices for reaso nableness and determine
if these prices represent a balanced bid. Additionally, we will also review the apparent low bidder's
performance on other projects to determine whether th e firm is responsible. Lastly, M&J will make
a recommendation to the City for award.
Task 4 -Post Design Phase: M&J will attend any meetings required during this phase and we will
also perform two (2) site visits. We will keep a daily log of work detailing the items that were
inspected.
M&J will rev iew all shop drawing submittals, sched ules, cont ractor's in vo ices, certificat ion s, design
ca lculation s, layout and installation drawings, written procedures, and requests for substitutions or
deviations from the co ntracto r.
New York· New Jersey· Connecticut • Pennsylva nia • Virginia• Washington D.C. • Florida • Ca li fornia . Texas
"INNOVATIVE ANO STATE-OF•THE·ART SOLUTIONS"'
9350 South Dixie Highway, Suite 1440
Miami, FL 33156
wwv,1.mj e ngineers.com
M&J will conduct a final inspection and prepare a punchlist of items to be completed or corrected.
M&J will ensure all punchlist items are complete before issuing a certification of completion and
final payment to the contractor.
Our total fee for the subject project is $38,875. Our Project Man Hours and Fee Estimate table is
attached. We will invoice the City in accordance with our existing Agreement. Fees include direct
costs such as travel, administrative tasks, telephone, postage, and copying. Fees do not include
out-of-pocket expenses, such as testing and laboratory analyses, mark-outs, and permit application
filing fees. These out-of-pocket expenses will be invoiced to the City at cost, with no mark-up.
Following this page is the Wage Rate Sheet from the Master Agreement.
We would like to thank you and the City of South Miami for the opportunity to submit our Proposal.
Please do not hesitate to contact me Uschreck@mjengineers.com) if you have any questions or
desire additional information.
Sincerely,
M&J Engineer ing , P.C.
John Schreck, P.E.
Senior Vice President
w/enclosures: Master Agreement Salary Rate Sheet
Site Map
Project Man Hours and Fee
Estimate
Project Schedule
N ew York. New Jersey. Connecticut • Pennsylvania• Virginia • Washington D.C. • Florida • California • Texas
"INNOVATIVE ANO STATE-OF-THE•ART SOLUTIONS"
9350 South Dixie Highway, Suite 1440
Miami, FL 33156
vvww.mjengineers.com
Professional General Engineering & Archltettural Services RFQ IIPW2022·03
Wage Rates Summary
Job Classlflcallon
Principal
Sr. Project Manager
ProJect Manager
Senio r Engineer
Senio r Planner
Planner
Senior Traffic Engineer
Traffic Engineer
Senior Designer/ Engineer
Designer
Engineering Intern
Senior CADD Technician
CADD Technician
GIS Technician
Senior Construction Inspector
Const ruction Inspector
Senior Landscape Architect
Landscape Architect
Landscape Architect Intern
Arborlst
Utlllty Coordinator
Surveyor/ Mapper
Survey Technician
2-Man Survey Crew
3-Man Survey Crew
4-Man Survey Crew
Senior Certified Bridge Inspector/ Diver
Certified Bridge Inspector/ Diver
Fire Protection Engineer
Plumbing Engineer
Mechanical Engineer
Electrical Engineer
Geotechnlcal Engineer •
Geologist
Environ mental Scientist
Senior Administrative Assi stant
Clerical
M&J Accepted Rates
$180.00
$150.00
$130.00
$125.00
$125.00
$85.00
$12S .00
$85.00
$90.00
$80.00
$75.00
$7S.OO
$65.00
$80.00
$90.00
$75.00
$125.00
$115.00
$70.00
$75.00
$90.00
S85.00
$60.00
$115.00
$125.00
$135.00
$125.00
$90.00
$90.00
$90.00
$90.00
$90,00
$120.00
$90.00
$BS.DO
$65.00
$45.00
New York · New Jersey· Connecticut • Pennsylvania • Virginia• Washington O.C. • Florida . Cali fornia . Texas
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a=-..=.-:.:.;.... -I.-i I -------·---.... ·--I -· CITY OF SOUTH MIAMI -,.,,., ...
I M&J ENGINIERIN~ ••. -,. _..,. _ _,.,..,.._.,.....,.....,,..,.r DRAINAGE IMPROVEMENTS SW76 "' PROJECT AREA MAP EA 1
'""""""-""""•• • .._.,,,,,. • ....,,,...,, TERR BET S/167 AVE TO SVV69 AVE --" ~ -ASNO'ltO _..,.,,
Proiect Man Homs and Fee Eslimate
Task
W.eRate
I. Field I ons and Coon:llnation
Field lnvestiS!ations
TOD02raDhic -.
I TotalHours
I Total Fee
I Total Task Fee I
Ill DeSISI and PS&E:
I Meetln9.S. Oesitm. Plans. Specifications and Bid Documents
I Estimate
I Total Hours
I Total Task Fee
I Ill. Bid Phase
I
I Total Hours
I Total Task Fee
IIV -Post Destsm Phase:
I
I Total Hours
I Total Task Fee
0111 Of SODlb Miami
Drainage lmprovments -SW 16th Terrace IBetween SW 69th Avenue and SW 611h AvenueJ
Principal PM Sr. Sr. Designer/
Eru!lneer Ensdneer
$180 $130 $125 $90
1 2 2 0
0 0 1 0
1 2 3 0
$180 $260 $375 $0
1 8 24 40
0 1 4 0
1 9 28 40
$180 $1.170 $3,500 $3,600
1 2 4 0
1 2 4 0
$180 $260 $500 $0
1 4 8 32
1 4 8 32
$180 $520 $1.000 $2.880
Sr.CADD
Technician
$75
2
0
2
$150
4
0
4
$300
0
0
$0
0
0
$0
CADD Total
Technician Hours
$65
0 7
16 17
16 24
$1,040 -
Miller Legg
40 117
0 5
40 122
$2,600 -
0 7
0 7
$0 -
0 45
0 45
$0 -
Tow Project Houn
Total Project Fee
Total
Fee
$840
$1.165
-
$2,005
$22.005
$10,720
$630 -
$#-350
$940
-
$940
$4,580
-
SIL5llO
198
$38,875
"INNOVAfflll:AND ~soumoNS"
Propos al for Eng ineering and Survey Se rvices: Drainag e Improveme nts SW 7 6
T e rrace b e tween SW 6 7 Av e. to SW 69 Ave.
City of South Miami
SCHEDULE
TASK DESCRIPT ION
Task 1 -Field Investigations and Coordination
Task 2 -Pre liminary and Final Pl ans and Specifications
Task 3 -Bid Phase
Task 4-Post Design Phase
City Review
* ASSUME NTP
Months
1 2 3 4 5 6
*
----M&J ENG INEER ING P.C.
7 8 9
-JNNOV ATIVE AND STATE-OF·THE-A RT SOLUTIONS-
ACORDe CERTIFICATE OF LIABILITY INSURANCE I DAll! (MM/DDIYYYYJ
~ 1/17/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSMUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTAN~ If the certificate holder ls an ADDITIONAL INSURED, tho pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of tho pollcy, certain pollctes may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lleu of such endorsement(s).
PRODUCER NAMe7 .. ' Kevin M. Esler
Fenner & Bsler Agency, Inc fn~N9nc-,. (201)262-1200 I f~. Nol: (201)262-1810
467 Kinderkamack Road l~~ss,certs@fenner-esler.com
P. o. Box 60 INSURERISI AFFORDING COVl!RAGI! NAIC I
Oradell NJ 07649-0060 INSURERA:Selective Insurance co. of .America 12572
INSURED INSURER e :Markel .American Xnsurance Comnany 28932
M&J Engineering, PC INSURER c: Hartford Fire Xnsurance Comnanv 19682
2003 Jericho Tpke INSURER D: Liberty Insurance Underwriters. Inc 19917
INSURERE:
New Hyde Park NY 11040 INSURERF:
COVERAGES CERTIFICATE NUMBER:Mater 23-24 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'r~ TYPE 01' INSURANCe ructn IAIU'ft POLICY NUMBER ,:M~ ,r>r&i~ UMrJS
X COMMERCIAL GENERAL LIABILITY EACH OCCURREUCE s 2,000,000 -D CLAIMS-MADE [i] OCCUR u ........ uc IUKt,Hlt,U A DDCUlctCQ IC• ..., ... _..,....,., s 500,000 -Jl xncludes contractual, X y 823510'182 10/1'1/2023 10/11/2024 MED EXP IAnv one oe,sonl s 15,000
_ XCV covera![O l!!r policy tema a condition ■ PERSOflAL & ADV IHJURY s 2,000,000
GEN1.AOOREOATE LIMIT APPLIES PER: Include• coverage within OEIIERALAGGREOATE s 4,000,000
~ POLICY [!] fr8J ~LOC so• of IU\ PRODUCTS· COMPIOPAOO s ,,000,000
OTHER: YalUatire Pape,s-per OcanC!ftCO s soo,ooo
AUTOMOBILe LIABILITY f1;'i:M~~.rl,,.,..._.,...,,, s 2,000,000 -
A X AHYAUTO BOOILY ltlJURY (Per person) s -ALLOWtlED -SCHEDULED AUTOS AUTOS X y 823510'182 10/1'1/2023 10/11/2024 BOOILY IUJURY (Per acdden1) s --NOll.owtlED !:,'!?~RAMAGE HIREDAUTOS AUTOS s --s
A X UMBRELLA LIAB
~
OCCUR S23510'182 10/1'1/2023 10/11/2024 EACH OCCURREHCE s e.000.000 -B excEssUAB CLAIMS.MADE AGOREOATE s e.000.000
OED I X I RETEtmOH s 10.000 X y IGCUWlU2100846 BxceH/BxceH 10/1'1/2023 10/11/2024 HCl'I OCQltfQM1'~lC s 0"1N/$7N
WORKERS COMPENSATION XI ~Tim: I rnr· AND EMPLOYERS' LIABILITY YIN ANf PROPAIETORi'PARniERIEXECUTIVE [!] NIA E.L EACH ACCIDEIIT s 1.000.000 OFFICERiMEMBER EXCLUDED? A (Mandato,y ln NH) y HCSIOH'lot 10/1'1/2023 10/1'1/2024 E.L DISEASE-EA EMPLOYEE s 1.000.000
gi;Mii= ~~~ERATIOHS below E.L DISEASE· POLICY LIMIT s 1.000.000
C Pxof, Pollution Liability 13 OH 0519614-23 3/16/2023 3/16/2024 Per Clalm'AggrC91IC Ltnll $5H/$5N
D Bxaess Professiona1 Liability XABNYACQX'10001 3/16/2023 3/16/2024 Per Clalm'AggfC91lc Ltnll 05N/$5N
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Rematls Schedule, may 1:11 attached ff mote space 11 requt11d)
RE: PROFESSIONAL GENERAL BHGINEBRIHG
and ARCBITBCroRAL SERVICBS Ri"Q ffPW2022 -03; Additional Insured -City of South Miami as respects
general, auto and excess liability where required by written contract. PL Policy No. 130H051961423
($50,000 per claim deductible). General, auto and excess Liability Additional Insured is primary and
non-contributory where required by written contract. Waiver of Subrogation applies as respects general,
auto and excess liability and workers compensation where required by written contract. Should any of the
above described policies be cancelled before the expiration date thereof, the issuing insurer will
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OP TH& ABOVE DBSCRIBBD POLICIES BE CANCELLED BEFORB
City of South Miami
6130 Sunset Drive
South Miami, FL
I
ACORD 25 (2014/01)
INS025 (201 ◄01)
33143
THE EXPIRATION DAT& THEREOF, NOTICB WILL BE DELIVBRBD IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Kevin Esler/JEAN r·~
® 1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
COMMENTS/REMARKS
endeavor to mail 30 days written notice to the certificate holder named, but failure to do
so shall impose no obligation or liability of any kind upon the insurer, its agents or
representatives.
OFREMARK COPYR:IGBT 2000, AMS SERVICES INC.
S2390782
ElitePac®
Commercial Automobile Extension
COMMERCIAL AUTO
CA 78 09NV 1117
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modlfles Insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless
modified by the endorsement.
AMENDMENTS TO SECTION II • LIABILITY COVER-
AGE
A. If this policy provides Auto Llablllty coverage for
Owned Autos, the following extensions are applica-
ble accordingly:
NEWLY ACQUIRED OR FORMED ORGANIZA-
TIONS
The following Is added to SECTION II, A.1. • Who Is
An Insured:
Any organization you newly acquire or form, other
than a partnership, Joint venture or llmlted liability
company over which you maintain ownership or
majority Interest, wlll qualify as a Named Insured If
there Is no similar Insurance available to that
organization. However:
1. Coverage under this provision Is afforded only
until the 180th day after you acquire or form the
organization or the end of the policy period,
whichever Is earlier;
2. Coverage does not apply to "bodily Injury° or
"property damagea resulting from an "accldenr
that occurred before you acquired or formed the
organization.
No person or organization Is an 11fnsured" with re-
spect to the conduct of any current or past partner-
ship, Joint venture or llmlted llablllly company that Is
not shown as a Named Insured In the Oeclaratlons.
EXPENSES FOR BAIL BONDS AND LOSS OF
EARNINGS
Paragraphs (2) and (4) of SECTION II, A.2.a. -
Supplementary Payments are deleted In their entirety
and replaced with the followlng:
(2) Up to the Limit of Insurance shown on the ElltePac
Schedule for the cost of ball bonds (Including bonds
for related traffic law violations) required because of
an •accident" covered under this policy. We do not
have to furnish these bonds.
(4) All reasonable expenses Incurred by the 11 lnsured" at
our request. This Includes actual loss of earnings
because of time off from work, which we wlll pay up
to the llmlt of Insurance shown on the ElltePac
Schedule.
EMPLOYEE INDEMNIFICATION AND EMPLOYER'S
LIABILITY AMENDMENT
The followlng Is added to SECTION II, B.4. -Exclusions
This exclusion does not apply to a "volunteer worker"
who Is not entitled to workers compensation, dlsablllty or
unemployment compensation benefits.
FELLOW EMPLOYEE COVERAGE
The Fellow Employee Exclusion, SECTION II, 8.5. -Is
deleted In Its entirety.
CARE, CUSTODY OR CONTROL AMENDMENT
The followlng Is added to SECTION II, 8.6. -
Exclusions:
This exclusion does not apply to property owned by
anyone other than an "Insured", subject to the following:
1. The most we wlll pay under this exception for any
one "accident" Is the limit of Insurance stated In the
ElltePac Schedule; and
2. A per "accident" deductible as stated In the ElltePac
Schedule applles to this exception.
B. If this policy provides Auto Llablllty coverage for
Owned Autos or Non-Owned Autos, the following
extension Is applicable accordingly:
LIMITED LIABILITY COMPANIES
The following Is added to SECTION II, A.1. -Who Is
An Insured:
If you are a lfmlted llablllty company, your members
and managers are •Insureds0 while using a covered
•auto• you don't own, hire or borrow during the
course of their duties for you.
BLANKET ADDITIONAL INSUREDS -As
Required By Contract
The followlng Is added to SECTION II, A.1. -Who Is
An Insured:
Any person or organization whom you have agreed
In a written contract, written agreement or written
permit that such person or organization be added as
an additional "Insured., on your policy. Such person
or organization Is an addltlonal "Insured" only with
respect to liability for
Copyright, 2017 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
CA 78 09NY 1117
Page 1 of 5
D1'SURBD 1 8 COPY
•bodily Injury" or •property damage• caused, In whole
or In part, by your ownership, maintenance or use of
a covered •auto•. This coverage shall be primary
and non-contributory with respect to the additional
"Insured". This provision only applies If:
1. It Is required In the written contract, written
agreement or written permit Identified In this
section;
2. It Is permitted by law; and
3. The written contract or written agreement has
been executed (executed means signed by a
named Insured) or written permit Issued prior to
the •bodily Injury" or •property damage".
C. If this policy provides Auto Liability coverage for
Non-Owned Autos, the following extension Is appli-
cable accordingly:
EMPLOYEES AS INSUREDS
If this policy provides Auto Llablflty coverage for
Non-Owned Autos, the followlng Is added to
SECTION II, A.1. -Who Is An Insured:
Any •employee" of yours Is an "fnsured" while using
a covered •auto• you don't own, hire or borrow In
your business or your personal affairs.
An .. employee" of yours Is an •insured" whlle operat-
ing an "auto" hired or rented under a contract or
agreement In that •employee's" name with your per-
mission, whlle performing duUes related to the con-
duct of your business.
AMENDMENTS TO SECTION Ill • PHYSICAL DAM•
AGE COVERAGE
If this policy provfdes Comprehensive, Specified Causes
of Loss or Collision coverage, the followlng extensions
are applicable for those •autos" for which Comprehen-
sive, Specified Causes of Loss or Colllslon coverage Is
purchased:
TOWING AND LABOR
SECTION Ill, A.2. -Towing Is deleted In Its entirety and
replaced with the followfng:
We wlll pay all reasonable towing and labor costs up to
the maximum Limit of Insurance shown on the ElltePac
Schedule per tow each time a covered "Private Passen-
ger Auto", "Social Service Van or Bus" or "Light Truck" Is
disabled and up to the maximum Limit of Insurance per
tow each lime a covered •Medium Truck", •Heavy Truck"
or "Extra Heavy Truck" Is disabled.
For labor charges to be ellglble for reimbursement the
labor must be performed at the place of disablement.
This coverage extension does not apply to Emergency
Services Organlzatfons and Governmental Entllles.
GLASS BREAKAGE DEDUCTIBLE
The folfowlng Is added to SECTION Ill, A.3. -Glass
Breakage -Hitting A Bird Or Animal • Falling Objects
or Missiles:
If damaged glass Is repaired rather than replaced, no
deductible wlll apply for such repair. This extension does
not apply to Emergency Services Organizations and
Governmental Entitles.
ADDITIONAL TRANSPORTATION EXPENSES
SECTION Ill, A.4.a. -Transportation Expenses Is
deleted In Its enUrety and replaced with the following:
We will pay up to the maximum Limit of Insurance shown
on the ElltePac Schedule for temporary transportation
expenses that you Incur because of any •1oss0 to a cov-
ered aautoa, but only If the covered •auto" carries the
coverages and meets the requirements described In 1.
or 2. below:
1. We will pay temporary transportation expenses for
total theft of a covered •auto•. We wlll only pay for
such expenses Incurred during the period beginning
24 hours after the theft and ending, regardless of the
policy's expiration, when the covered •auto" Is re-
turned to use or we pay for Its 11 loss".
2. For "loss" other than total theft of a covered •auto•
under Comprehensive or Specified Causes of Loss
Coverage, or for any •1oss" under Collfslon Coverage
to a covered "auto", we will only pay for those
temporary transportation expenses Incurred during
the pollcy period beginning 24 hours after the •toss"
and ending, regardless of the policy's expiration,
with the lesser of the number of days reasonably
required to repair or replace the covered •auto" or 30
days.
Paragraph 2. of this extension does not apply while
there are spare or reserve •autos" available to you
for your operations.
This coverage extension does not apply to Emergency
Services OrganlzaUons, Governmental Entitles and
Schools.
HIRED AUTO PHYSICAL DAMAGE COVERAGE
The followlng Is added to SECTION Ill, A.4. -Coverage
Extensions:
Physical Damage coverage Is hereby extended to apply
to Physical Damage "loss• to •autos" leased, hired,
rented or borrowed without a driver. We will provide cov-
erage equal to the broadest coverage available to any
covered •auto" shown In the DeclaraUons. But, the most
we wlll pay for "loss" to each "auto" under this coverage
extension Is the lesser of:
Copyright, 2017 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
CA 78 09NY 1117
Page2of5
JBSUBBD'S 001''1'
1. The Limit of Insurance stated In the ElltePac
Schedule; or
2. The actual cash value of the damaged or stolen
property as of the time of the •1oss": or
3. The actual cost of repairing or replaclng the
damaged or stolen property with other property of
like kind and quality. A part Is of like kind and quality
when It Is of equal or better condition than the pre-
accident part. We will use the orlglnal equipment
from the manufacturer when:
(a) The operational safety of the vehlcle might
otherwise be Impaired;
(b) Reasonable and dlllgent efforts to locate the
appropriate rebullt, aftermarket or used part
have been unsuccessful; or
(c) A new orlglnal equipment part of like kind
and quality Is available and wlll result In the
lowest overall repair cost.
For each leased, hired, rented or borrowed "auto" our
obllgatlon to pay "losses• wfll be reduced by a deductible
equal to the highest deductible applicable to any owned
•auto" for that coverage. No deductible wlll be applied to
•tosses" caused by fire or llghtnlng.
HIRED AUTO LOSS OF USE COVERAGE
The followlng Is added to SECTION Ill, A.4. -Coverage
Extensions:
We wlll pay expenses for which you are legally responsi-
ble to pay up to the Umlt of Insurance shown on the
ElltePac Schedule per "accldenr for loss of use of a
leased, hired, rented or borrowed •auto" If It results from
an "accldenr.
This coverage extension does not apply to Schools.
AUTO LOAN/LEASE GAP COVERAGE (Not Applica-
ble in New York)
The following Is added to SECTION Ill, A.4. -Coverage
Extensions:
In the event of a total "loss" to a covered "auto" we will
pay any unpaid amount due on the lease or loan for a
covered "auto•, less:
1. The amount paid under the Physical Damage Cover-
age Section of the policy; and
2. Any:
a. Overdue lease/loan payments at the time of
"loss";
b. Flnanclal penalties Imposed under a lease for
excessive use, abnormal wear and tear, high
mileage or similar charges;
c. Security deposits not refunded by the lessor or
financlal Institution;
d. Costs for extended warranties, credit life, health,
accident, or dlsablllty Insurance purchased with
the loan or lease; and
e. Carry-over balances from previous leases or
loans.
You are responsible for the deductlble appllcable to the
•toss" for the covered "auto".
PERSONAL EFFECTS
The following Is added to SECTION Ill, A.4. -Coverage
Extensions:
If this pollcy provides Comprehensive Coverage for a
covered "auto" you own and that covered "auto" Is
stolen, we wlll pay up to the Limit of Insurance shown on
the ElltePac Schedule, without appllcatlon of a deducti-
ble, for lost personal effects that were In the covered
•auto" at the time of theft. Personal effects do not Include
Jewelry, tools, money, or securities. This coverage Is
excess over any other collectible Insurance.
AIRBAG COVERAGE
The followlng Is added to SECTION Ill, 8.3.a. -
Exclusions:
Mechanical breakdown does not Include the accidental
discharge of an airbag.
This coverage extension does not apply to Emergency
Services Organizations and Governmental Entitles.
EXPANDED AUDIO, VISUAL, AND DATA ELEC-
TRONIC EQUIPMENT COVERAGE
SECTION Ill, 8.4. -Exclusions
This exclusion does not apply to the following:
1. Global positioning systems;
2. "Telematlc devices"; or
3. Electronlc equipment that reproduces, receives or
transmits audio, visual or data signals and accesso-
ries used with such equipment, provided such equip-
ment ls:
a. Permanently Installed In or upon the covered
•auto" at the time of the "loss";
b. Removable from a housing unit that Is perma-
nently Installed In the covered "auto" at the time
of the "loss";
c. Designed to be solely operated by use of power
from the •auto's" electrical system; or
d. Designed to be used solely In or upon the
covered •auto•.
A deductible of $50 wlll apply to each covered "loss" of
such equipment.
COMPREHENSIVE DEDUCTIBLE -LOCATION
TRACKING DEVICE
The followfng Is added to SECTION Ill, D. -Deductible:
Any Comprehensive Coverage Deductible shown In the
Declarations higher than $50 Is hereby reduced to $50
for "loss" caused by theft If the "auto" Is equipped with an
•auto" locatlon tracking device and that device aided In
the recovery of the •auto".
Copyright, 2017 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
CA 78 09NY 1117
Page 3 of 5
JBSUIIBD'S OOPY
PHYSICAL DAMAGE LIMIT OF INSURANCE
SECTION Ill, C. -Limit Of Insurance Is deleted In Its
entirety and replaced with the followlng:
The most we will pay for a aloss• In any one "accldenr Is
the lesser of:
1. The actual cash value of the damaged or stolen
property as of the time of the •Ioss•; or
2. The cost of repairing or replacing the damaged or
stolen property with other property of like kind and
quality.
This coverage extension does not apply to Emergency
Services Organizations and Governmental Entitles.
AMENDMENTS TO SECTION IV -BUSINESS AUTO
CONDITIONS
DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT
OR LOSS
The followlng Is added to SECTION IV, A.2.a. -Duties
In The Event Of Accident, Claim, Suit Or Loss:
The notice requirements for reporting •accident' claim,
"sulr or 11loss• Information to us, Including provisions
related to the subsequent Investigation of such "accl-
denr, clalm, •sulr or •ross• do not apply until the "acci-
dent", claim, "suit" or "loss" Is known to:
1. You, ff you are an lndlvldual;
2. A partner, If you are a partnership;
3. An executive officer or Insurance manager, If you
are a corporation;
4. Your members, managers or Insurance manager, If
you are a llmlted llablllty company;
5. Your elected or appointed officials, trustees, board
members or your Insurance manager, If you are an
organization other than a partnership, Joint venture
or llmlted liablllty company.
But, this secUon does not amend the provisions relating
to notification of police or protection or examination of
the property that was subject to the "loss".
WAIVER OF SUBROGATION
SECTION IV, A.5. -Transfer Of Rights Of Recovery
Against Others To Us Is deleted In Its entirety and
replaced with the following:
We waive any right of recovery we may have against
any person or organization because of payments we
make for •bodily Injury" or "property damage" resulting
from the ownership. maintenance or use of a covered
•auto" but only when you have assumed liability for such
"bodlly Injury" or "property damagea In an •insured con-
tract•. In all other circumstances, If a person or organlza-
tfon to or for whom we make payment under this Cover-
age Form has rights to recover damages from another.
those rights are transferred to us.
MULTIPLE DEDUCTIBLES
The following Is added to SECTION IV. A. -Loss
Conditions:
If a "loss" from one event Involves two or more covered
"autos" and coverage under Comprehensive, Colllslon 1
or Specified Causes of Loss applies, only the highest
applfcable deductible will be applied.
CONCEALMENT, MISREPRESENTATION OR FRAUD
The following Is added to SECTION IV, 8.2. -Conceal-
ment, Misrepresentation Or Fraud:
If you should unlntentlonally fall to disclose any existing
hazards In your representations to us prior to the Incep-
tion date of the policy or during the policy period In con-
nection with any newly discovered hazards, we wlll not
deny coverage under this Coverage Form based upon
such failure.
SECTION IV, B. 5. Other Insurance Condition, Para-
graph 5.b. Is deleted In Its entirety and replaced by the
following:
For Hired Auto Physical Damage Coverage, the follow-
Ing are deemed to be covered •autos'11 you own:
1. Any covered "auto" you lease 1 hire, rent. or borrow;
and
2. Any covered "auto• hired or rented by your
"employee• under a contract or agreement In that
"employee's" name, with your permission, whlle
performing duties related to the conduct of your
business.
However, any "auto" that Is leased, hired, rented or
borrowed with a driver Is not a covered •auto".
This coverage extension does not apply to Emergency
Services Organizations and Governmental EnUtles.
POLICY PERIOD, COVERAGE TERRITORY
SECTION IV, 8.7. -Policy Period, Coverage Territory
Is deleted In Its entirety and replaced with the followlng:
Under this Coverage Form, we cover •accidents• and
"losses" occurring:
a. During the policy period shown In the Declarations;
and
b. Within the •coverage Territory".
We also cover "loss" to or •accidents" Involving a
covered "auto" whlle being transported between any of
these places.
TWO OR MORE COVERAGE FORMS OR POLICIES
ISSUED BY US -DEDUCTIBLES
The following Is added to SECTION IV, 8.8. -Two Or
More Coverage Forms Or Policies Issued By Us:
Copyright. 2017 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
CA 78 09NY 1117
Page 4of 5
mmnum•s con
If a .. loss• covered under this Coverage Part also
Involves a "loss• to other property resulting from the
same occurrence of 11loss• or damage that Is covered
under this pollcy or another policy Issued by us or any
member company of ours, only the highest applicable
deductible wlll be applied.
A minimum deductible of $50 wlll apply to each covered
•1oss• unless It Is a Colllslon '"loss" for a "private passen-
ger auto". For a •private passenger auto", a minimum
deductible of $100 for Colllslon wfll apply to each "loss".
AMENDMENTS TO SECTION V -DEFINITIONS
BODILY INJURY INCLUDING MENTAL ANGUISH (Not
Applicable In New York)
The definition of bodily Injury Is deleted In Its entirety and
replaced by the following:
11Bodlly Injury" means bodily Injury, sickness, or disease
sustained by a person, Including death resulllng from
any of these. "Bodily Injury" Includes mental anguish
resulting from bodlly Injury, sickness or disease sus-
tained by a person.
ADDITIONS TO SECTION V -DEFINITIONS
COVERAGE TERRITORY
.. Coverage Territory" means:
1. The United States of America (Including Its territories
and possessions), Canada and Puerto Rico; and
2. Anywhere In the world, except for any country or
Jurisdiction that Is subject to trade or other economic
sanction or embargo by the United States of
America, If a covered "auto• Is leased, hired, rented,
or borrowed without a driver for a period of 30 days
or less, and the lnsured's responslblllty to pay •dam-
ages• Is determined In a •suit• on the merits In and
under the substantive law of the United States of
America (Including Its territories and possessions),
Puerto Rico, or Canada, or In a settlement we agree
to.
If we are prevented by law, or otherwise, from defending
the •insured" In a •sulr brought In a location described In
Paragraph 2. above, the Insured wlll conduct a defense
of that "sult0
, We wm reimburse the "Insured• for the
reasonable and necessary expenses Incurred for the de-
fense of any such •sulr seeking damages to which this
Insurance applies, and that we would have paid had we
been able to exercise our right and duty to defend.
EXTRA HEAVY TRUCK
•extra Heavy Truck• means a truck with a gross vehicle
weight rating of 45,001 pounds or more.
HEAVY TRUCK
·Heavy Truck" means a truck with a gross vehicle weight
rating of 20,001 pounds to 45,000 pounds.
LIGHT TRUCK
•Ught Truck• means a truck with a gross vehicle weight
rating of 10,000 pounds or less.
MEDIUM TRUCK
•Medium Truck" means a truck with a gross vehicle
weight rating of 10,001 pounds to 20,000 pounds.
PRIVATE PASSENGER AUTO
·Private Passenger Auto• means a four-wheel "auto• of
the private passenger or station wagon type. A pickup,
panel truck or van not used for business Is Included
wlth(n the definition of a aprlvate passenger auto•.
SOCIAL SERVICE VAN OR BUS
"Social Service Van or Bus" means a van or bus used by
a government entity, civic, charitable or soclal service
organization to provide transportation to cflents Incl-
dental to the social services sponsored by the organiza-
tion, Including special trips and outings.
TELEMATIC DEVICE
•r elematlc Device" Includes devices designed for the
collectlon and dissemination of data for the purpose of
monitoring vehicle and/or driver performance. This In-
cludes Global Positioning System technology, wireless
safety communications and automatic driving assistance
systems, all Integrated with computers and mobile com-
munications technology In automoUve navigation sys-
tems.
VOLUNTEER WORKER
"Volunteer worker" means a person who performs busi-
ness duties for you, for no financial or other compensa-
tion.
Copyright, 2017 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
CA 78 09NV 1117
Page 5 of 5
D181JBBD'8 COPY
S2390782
ElitePac~
General Liability Extension Endorsement
COMMERCIAL GENERAL LIABILITY
CG 73 00NY 0119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies the Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The SECTIONS of the Commercial General Liability Coverage Form Identified In this endorsement wlll be amended as
shown below. However, if (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements
within the same Coverage Part apply to a loss, the coverage provlslon(s) with the broadest language wlll apply, unless
speclflcally stated otherwise within the partlcular amendment covering that loss.
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
the endorsement.
COVERAGES -Amendments
SECTION I -COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY
EXCLUSIONS
Non-Owned Aircraft, Auto or Watercraft
A. Paragraph (2) of Exclusion g. Aircraft, Auto Or
Watercraft under COVERAGE A BODILY INJURY
AND PROPERTY DAMAGE LIABILITY, 2. Exclu-
sions Is deleted In Its entrrety and replaced with the
following:
(2) A watercraft you do not own that Is:
(a) Less than 26 feet long and not being used to
carry persons or property for a charge: or
(b) At least 26 feet, but less than 60 feet long,
and not being used to carry persons or
property for a charge. Any person Is an
Insured who uses or Is responsible for the
use of such watercraft with your expressed
or lmplled consent. However, If the Insured
has any other valid and collectible Insurance
for "bodily Injury" or "property damagen that
would be covered under this provision, or on
any other basis, this coverage Is then
excess, and subject to Condition 4. Other
Insurance, b. Excess Insurance under
SECTION IV -COMMERCIAL GENERAL
LIABILITY CONDITIONS.
B. The following Is added to Exclusion g. Aircraft,
Auto Or Watercraft under COVERAGE A BODILY
INJURY AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions:
This exclusion does not apply to:
(6) Any aircraft, not owned or operated by any
Insured, which Is hired, chartered or loaned with
a paid crew. However, If the Insured has any
other valid and collectible Insurance for •bodily
Injury" or •property damage" that would be
covered under this provision, or on any other
basis, this coverage Is then excess, and subject
to Condition 4. Other Insurance, b. Excess
Insurance under SECTION IV -COMMERCIAL
GENERAL LIABILITY CONDITIONS.
Damage To Premises Rented to You
A. The last paragraph of Paragraph 2. Exclusions
under COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE Is deleted In Its entirety and
replaced with the following:
Exclusions c. through n. do not apply to damage by
fire, llghtnlng or explosion to premises rented to you
or temporarily occupied by you with the permission
of the owner. A separate limit of Insurance applies to
this coverage as described In Sl;CTION Ill -LIMITS
OF INSURANCE.
B. Paragraph 6. under SECTION Ill -LIMITS OF
INSURANCE Is deleted In Its entirety and replaced
with the following:
6. Subject to Paragraph 5. above, the most we wlll
pay under COVERAGE A for damages because
of "property damage• to any one premises, whtle
rented to you, or In the case of damage caused
by fire, lightning or explosion, while rented to you
or temporarily occupied by you with permission
of the owner, for all such damage caused by fire,
lightning or explosion proximately caused by the
same event, whether such damage results from
fire, lightning or explosion or any combfnatlon of
the three, Is the amount shown In the
Declaratlons for the Damage To Premises
Rented To You Limit.
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CG 73 00NY 0119
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IHSURBD'B COPY
C. Paragraph a. of Definition 9. "Insured contract" under
SECTION V -DEFINITIONS Is deleted In Its entirety
and replaced with the following:
a. A contract for a lease of premises. However, that
portion of the contract for a lease of premises
that Indemnifies any person or organization for
damage by fire, lightning or explosion to
premises while rented to you or temporarily
occupied by you with the permission of the
owner Is not an "Insured contracr;
Electronic Data Liability
A. Exclusion p. Access or Disclosure Of Confidential
Or Personal Information And Data-related
Liability under COVERAGE A BODILY INJURY
AND PROPERTY DAMAGE LIABILITY, 2. Exclu-
sions is deleted In Its entirely and replaced by the
folrowlng:
p. Access or Disclosure Of Confidential Or
Personal Information And Data-related Liab-
ility
Damages arising out of:
(1) Any access to or disclosure of any person's
or organization's confidential or personal
Information, Including patents, trade secrets,
processing methods, customer lists,
financial Information, credit card Information
or any other type of nonpublic Information;
or
(2) The loss of, loss of use of, damage to,
corruption of, lnablllty to access, or Inability
to manipulate 11electronlc data" that does not
result from physical Injury to tangible
property.
This exclusfon applies even If damages are
claimed for notification costs, credit monitoring
expenses, forensic expenses, public relations
expenses or any other loss, cost or expense
Incurred by you or others arising out of that
which Is described In Paragraph (1) or (2)
above.
B. The following paragraph Is added to SECTION Ill -
LIMITS OF INSURANCE:
Subject to 5. above, the most we will pay under
COVERAGE A for "property damage" because of all
loss of •etectronlc data" arising out of any one
"occurrence" Is a sub-llmlt of $100,000.
SECTION 1-COVERAGE C MEDICAL PAYMENTS
EXCLUSIONS
Any Insured Amendment
Exclusion a. Any Insured under COVERAGE C
MEDICAL PAYMENTS, 2. Exclusions Is deleted In Its
entirety and replaced with the following:
a. Any Insured
To any Insured.
This exclusion does not apply to:
(1) •Not-for-profit members";
(2) •Golfing faclllty" members who are not paid a
fee, salary, or other compensation; or
(3) -Volunteer workers".
This exclusion exception does not apply If COVERAGE
C MEDICAL PAYMENTS Is excluded by another
endorsement to this Coverage Part.
Product Amendment
Exclusion f. Products-Completed Operations Hazard
under COVERAGE C MEDICAL PAYMENTS, 2. Exclu-
sions Is deleted In Its entirety and replaced with the
followtng:
f. Products-Completed Operations Hazard
Included within the "products-completed operations
hazard",
This exclusfon does not apply to •your products" sold
for use or consumptfon on your premises, while such
products are stlll on your premises.
This exclusion exception, does not apply If COVERAGE
C MEDICAL PAYMENTS Is excluded by another
endorsement to this Coverage Part.
SECTION I • SUPPLEMENTARY PAYMENTS-
COVERAGES A AND B
Expenses For Bail Bonds And Loss Of Earnings
A. Subparagraph 1.b. under SUPPLEMENTARY
PAYMENTS -COVERAGES A AND B Is deleted In
Its entirety and replaced with the following:
b. Up to $5,000 for cost of ball bonds required
because of accfdents or traffic law violations
arising out of the use of any vehlcle to which
Bodily Injury Uablllty Coverage applies. We do
not have to furnish these bonds.
B. Subparagraph 1.d. under SUPPLEMENTARY
PAYMENTS -COVERAGES A AND B Is deleted In
Its entirety and replaced with the followlng:
d. All reasonable expenses Incurred by the Insured
at our request to assist us In the Investigation or
defense of the claim or 11su1r, Including actual
loss of earnings up to $1,000 a day because of
time off from work.
SECTION II -WHO IS AN INSURED • Amendments
Not-for-Profit Organization Members
The following paragraph Is added to SECTION II -WHO
IS AN INSURED:
If you are an organization other than a partnership, Joint
venture, or a lfmlted liability company, and you are a not-
for-profit organization, the following are Included as
additional Insureds:
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Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
CG 73 00NY 0119
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IH81JIUID'S COPY
1. Your officials:
2. Your trustees;
3. Your members:
4. Your board members:
5. Your commission members:
6. Your agency members;
7. Your Insurance managers;
8. Your elective or appointed officers: and
9. Your "not-for-profit members".
However only with respect to their Uablllly for your
activities or activities they perform on your behalf.
Employees As Insureds Modified
A. Subparagraph 2.a.(1)(a) under SECTION 11 -WHO
IS AN INSURED does not apply to "bodily Injury" to
a •temporary worker" caused by a co-•employee•
who Is not a •temporary worker".
B. Subparagraph 2.a.(2) under SECTION 11 -WHO IS
AN INSURED does not apply to •property damage"
to the property of a "temporary worker" or "volunteer
worker" caused by a co-"employee11 who Is not a
"temporary worker" or "Volunteer worker".
C. Subparagraph 2.a.(1)(d) under SECTION II • WHO
IS AN INSURED does not apply to "bodlly Injury"
caused by cardlo-pulmonary resuscitation or first aid
services administered by a co-"employee".
With respect to this provision only, Subparagraph (1) of
Exclusion 2.e. Employer's Liability under SECTION I -
COVERAGES, COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY does not apply but
only for the benefit of the co-•employee" described
above.
This provision does not apply to any claims covered
under Worker's Compensation Insurance.
Newly Formed Or Acquired Organizations
A. Subparagraph 3.a. under SECTION II • WHO IS AN
INSURED Is deleted In Its entirety and replaced with
the fotlowlng:
a. Coverage under this provision Is afforded only
untfl the 180th day after you acquire or form the
organization or the end of the polfcy period,
whichever Is earlier. However, COVERAGE A
does not apply to "bodily fnjury" or •property
damage" that occurred before you acquired or
formed the organization.
B. The following paragraph Is added to SECTION II
-WHO IS AN INSURED, Paragraph 3:
If you are engaged In the business of con-
struction of dwelllngs three stories or less In
height, or other bulldlngs three stories or less In
height and less than 25,000 square feet In area,
you wlll also be an Insured with respect to •your
work" only, for the period of time described
above, for your liability arising out of the conduct
of any partnership or joint venture of which you
are or were a member, even If that partnership
or joint venture Is not shown as a Named
Insured. However, this provision only applies (f
you maintain or maintained an Interest of at least
fifty percent In that partnership or Joint venture
for the period of that partnership or Joint venture.
This provision does not apply to any partnership or Joint
venture that has been dissolved or otherwise ceased to
function for more than thirty-six months.
With respect to the Insurance provided by this provision,
Newly Formed or Acquired Organizations, the
following Is added to SECTION IV -COMMERCIAL
GENERAL LIABILITY, Paragraph 4. Other Insurance,
Subparagraph b. Excess Insurance:
The Insurance provided by this provision, Newly Formed
or Acquired Organizations, Is excess over any other
valld and collectible Insurance avallable to the Insured,
whether primary, excess, conUngent or on any other
basis.
(All other provisions of this section remain unchanged).
Blanket Additional Insureds -As Required By
Contract
Subject to the Primary and Non-Contributory provision
set forth In this endorsement, SECTION II -WHO IS AN
INSURED Is amended to Include as an addltlonal
Insured:
A. Owners, Lessees or Contractors/Architects,
Engineers and Surveyors
1. Any person or organization for whom you are
performing operations when you and such
person or organization have agreed In a written
contract, written agreement or written permit that
such person or organization be added as an
addlUonal Insured on your commercial general
llablllly pollcy: and
2. Any other person or organization, Including any
architects, engineers or surveyors not engaged
by you, whom you are requfred to add as an
additional Insured under your policy In the
contract or agreement In Paragraph 1. above:
Copyright, 2018 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
CG 73 00NY 0119
Page 5 of9
XRSUBBD'S oon
Such person or organization Is an addltlonal Insured
only with respect to lfablllty for 8bodlly Injury",
•property damagea or •personal and advertising
Injury" caused, In whole or In part, by:
a. Your acts or omissions; or
b. The acts of omissions of those acting on
your behalf;
In the performance of your ongoing operations
performed for the addlUonal Insured In Paragraph 1.,
above.
However, this Insurance does not apply to:
•Bodily Injury", •property damage" or •personal and
advertising Injury" arising out of the rendering of, or
the failure to render, any professional archltectural,
engineering or surveying services by or for you,
Including:
a. The preparing, approving, or falling to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and specifi-
cations: and
b. Supervisory, Inspection, architectural or
engineering activities.
Professional services do not Include services within
construction means, methods, techniques,
sequences and procedures employed by you In
connecUon with your operations In your capacity as
a construction contractor.
A person or organization's status as an addltlonal
Insured under this endorsement ends when your
operations for the person or organization described
In Paragraph 1. above are completed.
B. Other Additional Insureds
Any of the following persons or organizations with
whom you have agreed In a written contract, written
agreement or written permit that such persons or
organizations be added as an addltfonal Insured on
your commercial general lfablllty policy:
1. Lessors of Leased Equipment
Any person or organization from whom you
lease equipment, but only with respect to llablllty
for 11bodlly Injury", •property damage" or
•personal and advertising Injury" caused, In
whole or In part, by your maintenance, operation
or use of equipment leased to you by such
person or organization.
With respect to the Insurance afforded to these
addlUonal Insureds, this Insurance does not
apply to any •occurrence" which takes place
after the equipment lease expires.
2. Managers or Lessors of Premises
Any person or organization from whom you
lease premises, but only with respect to llabllily
arising out of the ownership, maintenance or use
of that part of the premises leased to you.
This Insurance does not apply lo any
•occurrence• which takes place after you cease
to be a tenant of that premises.
3. Mortgagees, Assignees or Receivers
Any person or organization with respect to their
llablllty as mortgagee, assignee or receiver and
arising out of the ownership, maintenance or use
of your premises.
This Insurance does not apply to any
•occurrence" which takes place after the
mortgage Is satisfied, or the assignment or
receivership ends.
4. Any Person or Organization Other Than A
Joint Venture
Any person or organization (other than a Joint
venture of which you are a member), but only
with respect to llablllty for "bodily Injury",
"property damage" or •personal and advertising
Injury" caused, In whole or In part, by your acts
or omissions or the acts of omissions of those
acting on your behalf In the performance of your
ongoing operations or In connection with
property owned by you.
5. State or Governmental Agency or Political
Subdivision -Permits or Authorizations
Any state or governmental agency or subdivision
or political subdivision, but only with respect to:
a. Operations performed by you or on your
behalf for which the state or governmental
agency or subdivision or pollllcal subdivision
has Issued a permit or authorization; or
b. The followlng hazards for which the state or
governmental agency or subdivision or
political subdivision has Issued a permit or
authorization In connection with premises
you own, rent or control and to which this
Insurance applies:
(1) The existence, maintenance, repair,
construction, erection or removal of
advertising signs, awnings, canopies,
cellar entrances, coal holes, driveways,
manholes, marquees, hoist away
openings, sidewalk vaults, street
banners or decorations and similar
exposures:
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CG 73 00NY 0119
Page 6 of 9
ll!lSURBD' S OOPY
(2) The construction, erection or removal of
elevators; or
(3) The ownership, maintenance or use of
any elevators covered by this Insurance.
This Insurance does not apply to:
(a) "Bodlly Injury" or "property damage•
arising out of operations performed
for the federal government, state or
municipality; or
(b) •eodlly Injury" or aproperty damage"
Included within the "products-
completed operations hazarda.
With respect to Paragraphs 2. through 4., this
Insurance does not apply to structural alterations,
new construction or demolltfon operations performed
by or on behalf of such person or organization.
The provisions of this coverage extension do not
apply unless the written contract or written
agreement has been signed by the Named Insured
or written permit Issued prior to the •bodily Injury" or
•property damage• or •personal and advertising
fnjury".
Broad Form Vendors Coverage
Subject to the Primary and Non-Contributory provlsfon
set forth In this endorsement, SECTION II • WHO IS AN
INSURED Is amended to Include as an additional
Insured any person or organization (referred to below as
vendor) for whom you have agreed In a written contract
or written agreement to provide coverage as an
additional Insured under your polfcy. Such person or
organization Is an additional Insured only with respect to
•bodily Injury" or "property damage" arising out of •your
products" which are distributed or sold f n the regular
course of the vendor's business. However the Insurance
afforded the vendor does not apply to:
a. •Bodily Injury" or "property damageD for which the
vendor Is obligated to pay damages by reason of
the assumption of liability In a contract or
agreement; however this exclusion does not
apply to llablllty for damages that the vendor
would have In the absence of the contract or
agreement;
b. Any express warranty unauthorized by you;
c. Any physical or chemical change In the product
made lntentlonally by the vendor;
d. Repackaging, unless unpacked solely for the
purpose of lnspecUon, demonstration, testing, or
the substitution of parts under Instructions from
the manufacturer, and then repackaged In the
original container;
e. Any failure to make such Inspections,
adjustments, tests or servicing as the vendor has
agreed to make or normally undertakes to make
In the usual course of business In connecUon
with the sale of the product; or
f. Products which, after dlstrlbuUon or sale by you,
have been labeled or re-labeled or used as a
container, part of Ingredient of any other thfng or
substance by or for the vendor; however this
Insurance does not apply to any Insured person
or organization, from who you have acquired
such products, or any Ingredient, part or
container, entering Into, accompanying or
containing such products.
The provisions of this coverage extension do not apply
unless the written contract or written agreement has
been signed by the Named Insured prior to the "bodily
Injury" or Dproperty damage".
Incidental Malpractice
Subparagraph 2.a.(1)(d) under SECTION II • WHO IS
AN INSURED Is deleted In Its entirety and replaced with
the following:
(d) Arising out of his or her providing or falling to provide
professional health care services.
This does not apply to nurses, emergency medical
technicians or paramedics If you are not In the
business or occupation of providing any such
professional services.
This also does not apply to "bodlly Injury" caused by
cardlo-pulmonary resuscitation or first aid services
administered by a co-•employee•.
This provision does not apply If you are a Social Service
or Senior Living risk.
SECTION IV -COMMERCIAL GENERAL LIABILITY
CONDITIONS -Amendments
Knowledge Of Occurrence, Claim, Suit Or Loss
The following Is added to Paragraph 2. Duties in the
Event of Occurrence, Offense, Claim or Suit under
SECTION IV • COMMERCIAL GENERAL LIABILITY
CONDITIONS:
The requirements under this paragraph do not apply until
after the "occurrenceD or offense Is known to:
1. You, If you are an Individual;
2. A partner, If you are a partnership;
3. An "executive officer" or Insurance manager, If you
are a corporation;
4. Your members, managers or Insurance manager, If
you are a limited llablllly company; or
Copyright, 2018 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
CG 73 00NY 0119
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Ul81JBBD'8 COPY
5. Your elected or appointed officials, officers,
members, trustees, board members, commission
members, agency members, or your administrator or
your Insurance manager If you are an organization
other than a partnership, Joint venture, or limited
llablllty company.
Primary and Non-Contributory Provision
The following Is added to Paragraph 4. Other Insur-
ance, b. Excess Insurance under SECTION IV -
COMMERCIAL GENERAL LIABILITY CONDITIONS:
This Insurance Is primary to and we will not seek
contribution from any other Insurance available to an
addltlonal Insured under this policy provided that:
(1) The addltlonal Insured Is a Named Insured under
such other fnsurance; and
(2) You have agreed In a written contract, written
agreement or written permit that this Insurance
would be primary and would not seek contribution
from any other Insurance available to the addltlonal
Insured.
Unintentional Failure To Disclose Hazards
The following Is added to Paragraph 6. Representations
under SECTION IV -COMMERCIAL GENERAL
LIABILITY CONDITIONS:
However, If you should unlntentfonally fall to dfsclose any
exlsUng hazards In your representations to us at the
Inception date of the policy, or during the policy period In
connection with any addltlonal hazards, we shall not
deny coverage under thfs Coverage Part based upon
such fallure to disclose hazards.
Waiver Of Transfer Of Rights Of Recovery
The following Is added to Paragraph 8. Transfer of
Rights Of Recovery Against Others To Us under
SECTION IV -COMMERCIAL GENERAL LIABILITY
CONDITIONS:
We wlll waive any right of recovery we may have against
a person or organization because of payments we make
for 11bodlly Injury" or •property damage11 arising out of your
ongoing operations or "your work" done under a written
contract or written agreement and Included In the
•products-completed operations hazard", If:
1. You have agreed to waive any right of recovery
against that person or organization In a written
contract or written agreement;
2. Such person or organization Is an addltlonal Insured
on your polfcy; or
3. You have assumed the liablllty of that person or
organization In that same contract, and It Is an
•insured contract".
The section above only applies to that person or
organization Identified above, and only If the •bodily
Injury" or "property damage" occurs subsequent to the
execution of the written contract or written agreement.
Liberalization
The following condition Is added to SECTION IV -
COMMERCIAL GENERAL LIABILITY CONDITIONS:
If we revise this Coverage Part to provide more coverage
without additional premium charge, subject to our filed
company rules, your policy will automatlcally provide the
addltlonal coverage as of the day the revision Is effective
In your state.
SECTION V -DEFINITIONS
Electronic Data
The following definition Is added to SECTION V -
DEFINITIONS:
"Electronic data" means Information, facts or programs
stored as or on, created or used on, or transmitted to or
from computer software, Including systems and
applications software, hard or floppy disks, CD-ROMS,
tapes, drives, cell, data processing devices or any other
media which are used with electronically controlled
equipment.
For the purpose of the Electronic Data Llablllty coverage
provided by this endorsement, Definltlon 17. "Property
damage" Is deleted In Its entirety and replaced by the
following:
17 ... Property damage• means:
a. Physical Injury to tangible property, Including all
resulting loss of use of that property. All such
loss of use shall be deemed to occur at the time
of the physical Injury that caused It; or
b. Loss of, loss of use of, damage to, corruption of,
Inability to access, or inablllty to properly
manipulate "electronlc data", resulting from
physical Injury to tangible property. All such loss
of "electronic data• shall be deemed to occur at
the time of the •occurrence" that caused It.
For the purpose of the Electronic Data Llablllty coverage
provided by this endorsement, "electronic data" Is not
tangible property.
Employee Amendment
Definition 5. "Employee" under SECTION V -
DEFINITIONS Is deleted In Its entirety and replaced by
the followfng:
5. •employee" fncludes a •Ieased worker", or a
•temporary worker". If you are a School, 11Employee•
also fncludes a student teacher.
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Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
CG 73 00NY 0119
Page 8 of9
DlSUBKD'S COPY
Golfing Facility
The folfowlng defrnltfon Is added to SECTION V -
DEFINITIONS:
"'Golfing faclllly" means a golf course, golf club, driving
range, or miniature golf course.
Not-for-profit Member
The following definition Is added to SECTION V -
DEFINITIONS:
"Not-for-profit member" means a person who Is a
member of a not-for-profit organization, Including clubs
and churches, who receives no financial or other
compensation.
Copyright, 2018 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
msumm•s COPY
CG 73 00NV 0119
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S2390782
Contractinff, Installation, Service and Repair
General Liabi 1ty Extended ElitePac~ Endorsement
COMMERCIAL GENERAL LIABILITY
CG 79 88NY 0119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the
endorsement.
1. BLANKET ADDITIONAL INSUREDS
a. Ongoing Operations
SECTION II -WHO IS AN INSURED Is
amended to Include as an addlllonal Insured:
1. Any person or organization for whom you are
performing operations when you and such
person or organization have agreed In a
written contract, written agreement or written
permit that such person or organization be
added as an addltlonal Insured on your
commercial general llablllty policy; and
2. Any other person or organization, Including
any architects, engineers or surveyors not
engaged by you, whom you are required to
add as an addftlonal Insured under your
policy In the contract or agreement In
Paragraph 1. above;
Such person or organization Is an addltlonal
Insured only with respect to llablllty arising out of
your ongoing operations performed under that
contract, agreement, or permit when that
contract, agreement, or permit requires the
addltfonal Insured be added with respect to
llablllty arising out of your ongoing operations. If
the written contract, written agreement, or written
permit does not require that the addltlonal
Insured be added with respect to llablllty arising
out of your ongoing operations, then such person
or orlganlzatlon Is an additional Insured only with
respect to •bodily Injury", •property damage" or
apersonal and advertising Injury" caused In whole
or In part by your ongotng operations performed
under that contract, agreement, or permit.
b. Completed Operations
SECTION II -WHO IS AN INSURED Is
amended to Include as an addltlonal Insured:
1. Any person or organization for whom you are
performing or have performed operations
when you and such person or organlzaUon
have agreed In a written contract, written
agreement or written permit that such
person or organization be added as an
addltlonal Insured on your commercial
general llablllty policy; and
2. Any other person or organization, Including
any architects, engineers or surveyors not
engaged by you, whom you are required to
add as an addltlonal Insured under your
policy In the contract or agreement In
Paragraph 1. above;
Such person or organization Is an addltlonal
Insured only with respect to their llablllly arising
out of •your work" performed under that contract,
agreement, or permit and Included In the
aproducts•completed operations hazardst when
that contract, agreement, or permit requires the
addltlonal Insured be added with respect to
llablllty arising out of -your work• performed
under that contract, agreement, or permit and
Included In the 11products•completed operations
hazard",
If the written contract, written agreement, or
written permit does not require that the additional
Insured be added with respect to llablllty arising
out of •your work" performed under that contract,
agreement, or permit and Included In the
•products•completed operations hazard•, then
such person or organization Is an addltlonal
Insured only with respect to llablllty for "bodlly
Injury", "property damage• or •personal and
advertising Injury" caused, In whole or In part, by
ayour work" performed under that contract,
agreement, or permit and Included In the
•products-completed operations hazard".
Copyright, 2018 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
CG 79 88NY 0119
Page 1 of 3
msumm•s con
c. The coverages provided In Paragraphs a. and b.
do not apply unless the written contract or written
agreement has been signed by the Named
Insured or written permit Issued prior to the
11bodlly Injury''. "property damage" or "personal
and advertising Injury".
d. Exclusions
(1) With respect to the Insurance afforded to
additional Insureds under a. Ongoing
Operations the fotfowlng Is added to 2.
Exclusions under SECTION I
COVERAGE A -BODILY INJURY AND
PROPERTY DAMAGE LIABILITY:
This Insurance does not apply to •bodily
Injury", •property damage•, or •personal and
advertising Injury" occurring after:
(a) All work, Including materials, parts or
equipment furnished In connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the
addltlonal lnsured(s) at the site of the
covered operations has been completed;
or
(b) That portion of "your work" out of which
the Injury or damage arises has been
put to Its Intended use by any person or
organization other than another
contractor or subcontractor engaged In
performing operations for a prlnclpal as
a part of the same project.
(2) With respect to the Insurance afforded to
these additional Insureds under a. Ongoing
Operations and b. Completed Operations,
the followlng Is added to 2. Exclusions
under SECTION I -COVERAGE A-
BODILY INJURY AND PROPERTY
DAMAGE LIABILITY:
This Insurance does not apply to:
11Bodlly Injury", "property damage", or
•personal and advertising Injury" arising out
of the rendering of, or the failure to render,
any professional architectural, engineering
or surveying services, Including:
(a) The preparing, approving, or falling to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(b) Supervisory, Inspection, archttectural or
engineering activities.
e. Conditions
With respect to the Insurance afforded to these
addlUonal Insureds under a. Ongoing
Operations and b. Completed Operations the
followlng Is added to Paragraph 4. Other
Insurance, a. Primary Insurance under
SECTION IV -COMMERCIAL GENERAL
LIABILITY CONDITIONS:
This Insurance Is primary and wlll not contribute
with any other valld and collectible Insurance
available to an additional Insured under this
coverage part provided that:
(1) The additional Insured Is a Named Insured
under such other Insurance.
(2) You have agreed In a written contract,
written agreement or written permit to
Include that addltlonal Insured on your
General Liability polfcy on a primary and/or
non-contributory basis.
2. PROPERTY DAMAGE CARE, CUSTODY OR
CONTROL
The followlng Is added to Exclusion j. under
SECTION I -OVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY:
Paragraphs (4) and (5) do not apply for the limited
purpose of providing the coverage and sub-limits of
llablllty as set forth below.
We wlll pay those sums that the Insured becomes
legally obltgated to pay as damages arising out of
•property damage0 to:
(1) Personal property In the care, custody or control
ofthelnsured;and
(2) That particular part of real property on which you
or any contractors or subcontractors working
directly or lndlrectly on your behalf are
performing operations, If the "property damage0
arises out of those operations.
The most we will pay under (1) and (2) above In any
one "occurrence" or for all damages during any one
policy period Is a sub-limit of $100,000.
These llmlts are Included In and not In addlUon to the
Limits of Insurance shown In the Declarations of the
Commercial General Llablllty Polley.
Copyright, 2018 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
CG 79 88NY 0119
Page 2 of 3
DSURBD 1 8 OOPY
Our right and duty to defend the Insured against any
11su1r for damages under (1) and (2) above ends
when we have used up the appllcable sub-llmlt of
liability In the payment of judgments or settlements
under It.
3. OTHER INSURANCE AMENDMENT
SUPPLEMENTAL COVERAGE FOR INSURED'S
INVOLVEMENT IN A CONSOLIDATED (WRAP-UP)
INSURANCE PROGRAM OR SIMILAR PROJECT
The followlng Is added to SECTION IV -
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 4. Other Insurance b.
Excess Insurance (1)(a):
(v) That Is covered by a consolidated (wrap-up) or
similar Insurance program provided by the prime
contractor/project manager or owner of the
construction project In which you are Involved for
your ongoing operations or operations Included
within the •products-completed operations
hazard", unless such consolidated (wrap-up) or
similar program Is specffically excluded from
coverage on this policy. This coverage applies
excess over any other valld and collectible
insurance.
4. FELLOW EMPLOYEE EXTENSION
Under SECTION II -WHO IS AN INSURED
Paragraphs 2.a. and 2.a.(1) are replaced by the
followlng:
a. Your "volunteer workers" only while performing
duties related to the conduct of your business, or
your •employees•, other than either your
"executive officers" (If you are an organization
other than a partnership, Joint venture, or limited
liabfllty company) or your managers (If you are a
limited llablllty company), but only for acts within
the scope of their employment by you or while
performing duties related to the conduct of your
business. The Employers Liability exclusion
(SECTION I -COVERAGES; Coverage A,
Exclusion e.) does not apply to this provision but
only for the benefit of the co-•employee•
described above.
However, none of these "employees" or
•volunteer workers" are Insureds for:
(1) •eodlly Injury" or "personal and advertising
Injury":
(a) Arising out of his or her providing or
falling to provide professlonal health
care services.
This provision does not apply to any clalms covered
under Worker's Compensation Insurance.
5. CONTRACTUAL LIABILITY (RAILROADS)
Definition 9. Insured Contract Is amended as
follows:
Paragraph c. Is deleted In Its entirety and replaced
with the following:
Any easement or license agreement;
Paragraph f.(1) Is deleted In Its entirety.
6. CONTRACTUAL LIABILITY AMENDMENT -
(PERSONAL AND ADVERTISING INJURY)
If It Is required In a written contract, written
agreement or written permit with the Insured that any
contractual llablllty exclusion for Personal Injury be
removed from the policy, then Exclusion e.
Contractual Liability under COVERAGE B
PERSONAL AND ADVERTISING INJURY, 2.
Exclusions Is deleted In Its entirety and replaced
with the following:
e. Contractual Liability
"Personal and advertising Injury" for which the
Insured has assumed llablllty In a contract or
agreement arising out of an •advertisement'\
This exclusion does not apply to llablflty for
damages that the Insured would have In the
absence of the contract or agreement.
7. WAIVER OF GOVERNMENTAL IMMUNITY
We will waive, both In the adjustment of claims and
In the defense of "suits• against the Insured, any
governmental Immunity of the Insured, unless the
Insured requests In writing that we not do so.
Waiver of Immunity as a defense wlll not subject us
to llablllly for any portion of a claim or judgment In
excess of the applicable limit of Insurance.
8. DAMAGE TO PREMISES RENTED TO YOU
The Limit of Insurance for Damage To Premises
Rented To You Is fncreased to $1,000,000.
Copyright, 2018 Selective Insurance Company of America. All rfghts reserved.
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
CG 79 88NY 0119
Page 3 of 3
IR81JIIBD 1 8 OOPY
1 of 1
PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
And
J & M ENGINEERING, P.C. D/B/A M & J ENGINEERING, P.C.
Project Name: Drainage Improvements Along SW 76th Terrace
Between SW 67th Avenue and SW 69th Avenue
5
1 of 4
PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
and
J & M ENGINEERING, P.C. D/B/A M & J ENGINEERING, P.C.
Project Name:
Drainage Improvements Along SW 76th Terrace Between SW 67th Avenue and SW 69th Avenue
This Project Agreement between the CITY OF SOUTH MIAMI, FLORIDA (the “City”) and
J & M ENGINEERING, P.C. D/B/A M & J ENGINEERING, P.C.(hereinafter referred to as “Consultant”) is
made effective as of the day of , 2024, and authorizes the Consultant to
provide the services as set forth below, subject to the provisions contained in the “Professional Services
Agreement” between the City and the Consultant dated , 2022 (the “Agreement”).
SECTION 1. SCOPE OF SERVICES
1.1 Consultant shall provide professional general engineering services (the “Services”) for
Drainage Improvements along SW 76th Terrace between SW 67th Avenue and SW 69th Avenue
(the “Project”) in accordance with the terms and conditions of the Agreement and shall complete the tasks
that are identified and described in the Project Proposal attached hereto as Exhibit “1” (the “Proposal”) for
the City.
1.2 The City may request changes that would increase, decrease, or otherwise modify the
scope of services outlined under the Proposal attached hereto as Exhibit “1.” Such changes must be
contained in a written change order executed by the parties in accordance with the provisions of the
Agreement, prior to any deviation from the terms of this Project Agreement, including the initiation of any
extra work.
SECTION 2. DELIVERABLES
2.1 As part of the scope of Services and Project schedule, the Consultant shall provide the
City with the Deliverables identified in the Proposal attached hereto as Exhibit “1.”
SECTION 3. TERM/TIME OF PERFORMANCE/DAMAGE
3.1 Term. This Project Agreement shall commence on the date this instrument is fully
executed by all parties and shall continue in full force and effect until terminated pursuant to Section 6
herein or other applicable provisions of the Agreement. The City Manager, in his sole discretion, may
extend the term of this Project Agreement through written notification to the Consultant. Such extension
shall not exceed 90 days. No further extensions of this Agreement shall be effective unless authorized by
the City Manager.
3.2 Commencement. Services provided by the Consultant under this Project Agreement and
the time frames applicable to this Project shall commence upon the date provided in a written Notice to
Proceed (“Commencement Date”) provided to the Consultant by the City. The Consultant shall not incur
any expenses or obligations for payment to third parties prior to the issuance of the Notice to Proceed.
6
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Consultant must receive written notice from the City Manager prior to the beginning the performance of
services.
3.3 Contract Time. Upon receipt of the Notice to Proceed, the Consultant shall provide the
Services for the Project to the City on the Commencement Date, and shall continuously perform the
Services for the Project to the City, without interruption, in accordance with the time frames set forth in the
Proposal attached and incorporated into this Project Agreement as Exhibit “1”. The number of calendar
days from the Commencement Date, through the date set forth in the Project Schedule for completion of
the Project or the date of actual completion of the Project, whichever shall last occur, shall constitute the
Contract Time.
3.4 All limitations of time set forth in this Project Agreement are of the essence.
SECTION 4. AMOUNT, BASIS AND METHOD OF COMPENSATION
4.1 Compensation. Consultant shall be compensated for the provision of the Services for the
Project in accordance with Exhibit “1” attached hereto. Consultant shall receive a total lump sum fee of
$38,875.00 for the provision of the Services for the Project.
4.2 Reimbursable Expenses. All reimbursable expenses are included in the total
compensation listed in Section 4.1 above.
SECTION 5. BILLING AND PAYMENTS
5.1 Invoices
5.1.1.Compensation and Reimbursable Expenses. Consultant shall submit invoices
which are identified by the specific project number on a monthly basis in a timely manner. These
invoices shall identify the nature of the work performed, the phase of work, and the estimated
percent of work accomplished in accordance with the Payment Schedule attached hereto as Exhibit
“1” and made part of this Project Agreement. Invoices for each phase shall not exceed amounts
allocated to said phase plus reimbursable expenses accrued during each phase. The statement
shall show a summary of fees with accrual of the total and credits for portions paid previously.
5.1.2.Florida Prompt Payment Act. The City shall pay the Contractor in accordance with
the Florida Prompt Payment Act after approval and acceptance of the Services by the City
Manager.
5.2 Disputed Invoices. In the event that all or a portion of an invoice submitted to the City for
payment to the Consultant is disputed, or additional backup documentation is required, the City shall notify
the Consultant within fifteen (15) working days of receipt of the invoice of such objection, modification or
additional documentation request. The Consultant shall provide the City within five (5) working days of the
date of the City’s notice. The City may request additional information, including but not limited to, all
invoices, time records, expense records, accounting records, and payment records of the Consultant. The
City, at its sole discretion, may pay to the Consultant the undisputed portion of the invoice. The parties
shall endeavor to resolve the dispute in a mutually agreeable fashion.
5.3 Suspension of Payment. In the event that the City becomes credibly informed that any
representations of the Consultant, provided pursuant to Subparagraph 5.1, are wholly or partially
inaccurate, or in the event that the Consultant is not in compliance with any term or condition of the
Agreement or this Project Agreement, the City may withhold payment of sums then or in the future otherwise
7
3 of 4
due to the Consultant until the inaccuracy, or other breach of Agreement or Project Agreement, and the
cause thereof, is corrected to the City’s reasonable satisfaction.
5.4 [INTENTIONALLY OMITTED]
5.5 Final Payment. Submission to the Consultant’s invoice for final payment and
reimbursement shall constitute the Consultant’s representation to the City that, upon receipt from the City
of the amount invoiced, all obligations of the Consultant to others, including its consultants, incurred in
connection with the Project, shall be paid in full. The Consultant shall deliver to the City all documents
requested by the City evidencing payments to any and all subcontractors, and all final specifications, plans,
or other documents as dictated in the Proposal, Scope of Services, and Deliverables. Acceptance of final
payment shall constitute a waiver of all claims against the City by the Consultant.
SECTION 6. TERMINATION/SUSPENSION
6.1 For Cause. This Project Agreement may be terminated by either party upon five (5)
calendar days written notice to the other should such other party fail substantially to perform in accordance
with its material terms through no fault of the party initiating the termination and fails to cure the failure to
perform within such five (5) day period. In the event that Consultant abandons this Project Agreement or
causes it to be terminated by the City, the Consultant shall indemnify the City against any loss pertaining
to this termination. In the event that the Consultant is terminated by the City for cause and it is subsequently
determined by a court by a court of competent jurisdiction that such termination was without cause, such
termination shall thereupon be deemed a termination for convenience under Section 6.2 and the provision
of Section 6.2 shall apply.
6.2 For Convenience. This Project Agreement may be terminated by the City for convenience
upon fourteen (14) calendar days’ written notice to the Consultant. In the event of such termination, the
Consultant shall incur no further obligations in connection with the Project and shall, to the extent possible
terminate any outstanding subconsultant obligation(s). The Consultant shall be compensated for all
Services performed to the satisfaction of the City and reimbursable expenses incurred prior the date of
termination. In such event, the Consultant shall promptly submit to the City its invoice for final payment and
reimbursement which invoice shall comply with the provisions of Section 5.1. Under no circumstances shall
the City make payment of profit to the Consultant for services which have not been performed.
6.3 Assignment upon Termination. Upon termination of this Project Agreement, a copy of all
work product of the Consultant shall become the property of the City and the Consultant shall within ten
(10) working days of receipt of written direction from the City, transfer to either the City or its authorized
designee, a copy of all work product in its possession, including but not limited to designs, specifications,
drawings, studies, reports and all other documents and data in the possession of the Consultant pertaining
to this Project Agreement. Upon the City’s request, the Consultant shall additionally assign its rights, title
and interest under any subcontractor’s agreements to the City.
6.4 Suspension for Convenience. The City shall have the right at any time to direct the
Consultant to suspend its performance, or any designated part thereof, for any reason whatsoever, or
without reason, for a cumulative period of up to thirty (30) calendar days. If any such suspension is directed
by the City, the Consultant shall immediately comply with same. In the event the City directs a suspension
of performance as provided herein, through no fault of the Consultant, the City shall pay the Consultant as
full compensation for such suspension the Consultant’s reasonable cost, actually incurred and paid, of
demobilization and remobilization.
8
4 of 4
Section 7. American Rescue Plan Act Contract Conditions.
7.1 The Consultant acknowledges that the Services authorized under this Project Agreement
may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to
the City pursuant to the American Rescue Plan Act (“ARPA”). Towards that end, the Consultant shall be
required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent
amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in
the ARPA Addendum.
If compliance with the ARPA Addendum is required, the City shall select this box: .
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
9
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IN WITNESS WHEREOF, the parties hereto have caused this Project Agreement executed as of
the day and year as first stated above.
CITY:
ATTEST:CITY OF SOUTH MIAMI, FLORIDA, a
Florida Municipal Corporation
By:
CITY CLERK Genaro “Chip” Iglesias, City Manager
Date:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
CITY ATTORNEY
CONSULTANT:
J & M ENGINEERING, P.C. D/B/A
M & J ENGINEERING, P.C.
By:
Name:
Title:
Date:
WITNESSES:
Print Name:
Print Name:
10
EXHIBIT “1”
PROJECT PROPOSAL
11
New York • New Jersey • Connecticut • Pennsylvania • Virginia • Washington D.C. • Florida • California • Texas
9350 South Dixie Highway, Suite 1440
Miami, FL 33156
www.mjengineers.com
January 4, 2024
Aurelio J. Carmenates, P.E.
Capital Improvement Program Project Manager
City of South Miami
Public Works Engineering & Construction Division
6130 Sunset Drive
Miami, Fl 33143
Re: Proposal for Engineering and Survey Services: Drainage Improvements SW
76 Terrace between SW 67 Ave. to SW 69 Ave. – Revised 3
Dear Mr. Carmenates,
M&J Engineering, P.C. (M&J) appreciates the opportunity to submit our revised Proposal for the
referenced project. As per the City’s request, it is understood the intent of this project is to perform
a survey within the project area that is highlighted on the attached map. We also understand the
City is requesting a design to mitigate the localized flooding in the subject area. We will focus our
flood mitigation efforts near the SW 68th Avenue/SW 76th Terrace intersection.
John Schreck, P.E. will serve as Principal and Project Manager. He will ensure that the necessary
resources are allocated for the project and that a harmonious relationship will be maintained
between M&J’s project team and the City. Mr. Schreck has over 28 years of experience in planning,
design, and construction management for a wide range of municipal stormwater/civil engineering,
and inspection projects.
Our team is further strengthened by our cooperative collaboration
with Miller Legg. Miller Legg will be providing topographic surveying
services for this project.
Additionally, Pacifica Engineering Services, LLC will be providing, as
required, geotechnical engineering services for this project.
12
New York • New Jersey • Connecticut • Pennsylvania • Virginia • Washington D.C. • Florida • California • Texas
9350 South Dixie Highway, Suite 1440
Miami, FL 33156
www.mjengineers.com
The scope of work M&J proposes is as follows:
M&J's project manager and project engineer will meet with the City of South Miami’s
representatives to further discuss the objectives of the project. M&J will coordinate and attend
meetings with the City and any other stakeholders as required to provide technical support and
information.
Task 1 – Field Investigations and Coordination: M&J’s Team will perform a planimetric and
topographic survey of the area of the proposed improvements (See attached map). Locations and
elevations of the structures, trees, utilities, and other topographic features will be included on our
base mapping. Any costs associated with any additional underground utility mark-outs required are
not included in our fee.
Task 2 – Preliminary and Final Plans and Specifications: M&J will prepare two (2) conceptual
alternatives with several options for mitigating the localized flooding. Once approved, M&J will
prepare preliminary plans and specifications for the preferred alternative. Plans and details of the
proposed improvements will be developed at scales suitable for depicting the salient features to be
constructed. Plans will include, at a minimum, layouts, profiles, sections, alignments, tables, and
details. Maintenance and protection of traffic and pedestrians along with construction staging
options will be addressed during this phase. M&J will prepare maintenance and protection of traffic
plans and construction staging plans, as required. Two (2) sets of preliminary plans and
specifications will be provided to the City for review and comment.
Upon approval of the preliminary plans and specifications, M&J will progress to the next phase of
the project, the preparation of bid documents (final detailed drawings and specifications). Our team
will revise the documents as necessary. This final phase is included in Task 2.
Task 3 – Bid Phase: During this phase, M&J will assist the City in responding to bidders’ inquiries
and issue addenda as necessary. Upon receipt of bids, M&J will assist the City in the evaluation of
each bid. Our team will review the apparent low bidder’s prices for reasonableness and determine
if these prices represent a balanced bid. Additionally, we will also review the apparent low bidder’s
performance on other projects to determine whether the firm is responsible. Lastly, M&J will make
a recommendation to the City for award.
Task 4 – Post Design Phase: M&J will attend any meetings required during this phase and we will
also perform two (2) site visits. We will keep a daily log of work detailing the items that were
inspected.
M&J will review all shop drawing submittals, schedules, contractor’s invoices, certifications, design
calculations, layout and installation drawings, written procedures, and requests for substitutions or
deviations from the contractor.
13
New York • New Jersey • Connecticut • Pennsylvania • Virginia • Washington D.C. • Florida • California • Texas
9350 South Dixie Highway, Suite 1440
Miami, FL 33156
www.mjengineers.com
M&J will conduct a final inspection and prepare a punchlist of items to be completed or corrected.
M&J will ensure all punchlist items are complete before issuing a certification of completion and
final payment to the contractor.
Our total fee for the subject project is $38,875. Our Project Man Hours and Fee Estimate table is
attached. We will invoice the City in accordance with our existing Agreement. Fees include direct
costs such as travel, administrative tasks, telephone, postage, and copying. Fees do not include
out-of-pocket expenses, such as testing and laboratory analyses, mark-outs, and permit application
filing fees. These out-of-pocket expenses will be invoiced to the City at cost, with no mark-up.
Following this page is the Wage Rate Sheet from the Master Agreement.
We would like to thank you and the City of South Miami for the opportunity to submit our Proposal.
Please do not hesitate to contact me (jschreck@mjengineers.com) if you have any questions or
desire additional information.
Sincerely,
M&J Engineering, P.C.
John Schreck, P.E.
Senior Vice President
w/enclosures: Master Agreement Salary Rate Sheet
Site Map
Project Man Hours and Fee
Estimate
Project Schedule
14
New York • New Jersey • Connecticut • Pennsylvania • Virginia • Washington D.C. • Florida • California • Texas
9350 South Dixie Highway, Suite 1440
Miami, FL 33156
www.mjengineers.com
15
M&J ENGIN EE RIN~
"I NNOVAT IVE AN D S T A TE-O F -TH E-ART SOLUTIONS"
Professional General Engineering & Architectural Services RFQ #PW2022-03
Wage Rates Summary
Job Classification
Principal
Sr. Project Manager
Project Manager
Senior Engineer
Senior Planner
Planner
Senior Traffic Engineer
Traffic Engineer
Senior Designer/ Engineer
Designer
Engi neering Intern
Senior CADD Technician
CADD Technician
GIS Technician
Senior Construction Inspector
Construction Inspector
Senior Landscape Architect
Landscape Architect
Landscape Architect Intern
Arborist
Utilit y Coordinator
Surveyor/ Mapper
Survey Technician
2-Man Survey Crew
3-Man Survey Crew
4-Man Survey Crew
Senior Certified Bridge Inspector / Diver
Certified Bridge Inspector / Diver
Fire Protection Engineer
Plumbing Engineer
Mechanical Engineer
Electrical Engineer
Geotechnical Engineer •
Geologist
Environmental Scientist
Senior Administrative Assistant
Clerical
M&J Accepted Rates
$180.00
$150.00
$130.00
$125 .00
$125 .00
$85 .00
$125 .00
$85.00
$90.00
$80.00
$75.00
$75.00
$65 .00
$80.00
$90.00
$75.00
$125.00
$115.00
$70.00
$75.00
$90.00
$85.00
$60.00
$115.00
$125.00
$135 .00
$125 .00
$90.00
$90.00
$90.00
$90.00
$90.00
$120.00
$90 .00
$85.00
$65.00
$45 .00
WATERBODY:M&J ENGINEERING P.C.
9350 SOUTH DIXIE HIGHWAY - MIAMI, FL 33156 - 786.723.4821
"INNOVATIVE AND STATE-OF-THE-ART SOLUTIONS"
IT IS A VIOLATION OF NEW YORK STATE EDUCATION LAW FOR ANY PERSON,
UNLESS ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER AN ITEM ON THIS DRAWING IN ANY WAY. IF AN ITEM IS
ALTERED, THE ALTERING ENGINEER SHALL AFFIX TO THE ITEM HIS SEAL AND
THE NOTATION "ALTERED BY" FOLLOWED BY HIS SIGNATURE AND THE DATE
OF SUCH ALTERATION, AND A SPECIFIC DESCRIPTION OF THE ALTERATION.
DRAWING NUMBER
SHEET OF
DATE
DESIGNED BY
DRAWN BY
CHECKED BY
SCALE
DESCRIPTIONDATENO.CITY OF SOUTH MIAMI
PROJECT AREA MAP
M:\MARKETING\PROPOSALS\2023 PROPOSALS\CITY OF SOUTH MIAMI\2023-261-000 DRAINAGE IMPROVEMENTS SW76 TERR BET SW67 AVE TO SW69 AVE\DRAWINGS\WORKING\EA1.DWG 11/20/202311
EA1
AS NOTED
JS
JK
JS
2023-11-08
N/ADRAINAGE IMPROVEMENTS SW76
TERR BET SW67 AVE TO SW69 AVE
PROJECT AREA MAP
SCALE: 1"=50'EA1
A
N
100'00 50'
SW 76TH TERRACESW 68TH AVE16
Project Man Hours and Fee Estimate City of South Miami
Drainage Improvments - SW 76th Terrace (Between SW 69th Avenue and SW 67th Avenue)
Principal PM Sr.Sr. Designer/Sr. CADD CADD Total Total
Task Engineer Engineer Technician Technician Hours Fee
Wage Rate $180 $130 $125 $90 $75 $65
I. Field Investigations and Coordination
Field Investigations 1 2 2 0 2 0 7 $840
Topographic Surveying 0 0 1 0 0 16 17 $1,165
TotalHours 1 2 3 0 2 16 24 -
Total Fee $180 $260 $375 $0 $150 $1,040 -$2,005
Miller Legg $20,000
Total Task Fee
$22,005
II. Design and PS&E:
Meetings, Design, Plans, Specifications and Bid Documents 1 8 24 40 4 40 117 $10,720
Estimate 0 1 4 0 0 0 5 $630
Total Hours 1 9 28 40 4 40 122 -
Total Task Fee $180 $1,170 $3,500 $3,600 $300 $2,600 -$11,350
III. Bid Phase
1 2 4 0 0 0 7 $940
Total Hours 1 2 4 0 0 0 7 -
Total Task Fee $180 $260 $500 $0 $0 $0 -$940
IV – Post Design Phase:
1 4 8 32 0 0 45 $4,580
Total Hours 1 4 8 32 0 0 45 -
Total Task Fee $180 $520 $1,000 $2,880 $0 $0 -$4,580
Total Project Hours 198
$38,875Total Project Fee
17
Task 1 – Field Investigations and Coordination
Task 2 – Preliminary and Final Plans and Specifications
Task 3 – Bid Phase
Task 4 – Post Design Phase
City Review
* ASSUME NTP
Months
Proposal for Engineering and Survey Services: Drainage Improvements SW 76
Terrace between SW 67 Ave. to SW 69 Ave.
City of South Miami
SCHEDULE
TASK DESCRIPTION
623 7 98
*
541
18