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2014-50
RESOLUTION NO. 2014-50 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED SERVICES AGREEMENT FOR PARK DESIGN, ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN BERMELLO, AJAMIL & PARTNERS, INC. AND THE CITY OF AVENTURA FOR THE NE 188 STREET PARK PROJECT; AUTHORIZING MASTER PLAN PHASE I SERVICES IN THE AMOUNT OF $22,772; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Services Agreement for park design, architectural and engineering services between Bermello, Ajamil & Partners, Inc. and the City of Aventura for the NE 188 Street Park Project and authorizing Master Plan Phase I Services in the amount of$22,772. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Vice Mayor Joel, who moved its adoption. The motion was seconded by Commissioner Luz Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Michael Stern yes Commissioner Howard Weinberg yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Billy Joel yes Mayor Susan Gottlieb yes Resolution No. 2014-4'O Page 2 PASSED AND ADOPTED this 7th day of October, 2014. LL6 . /. SUSAN GOT LIEB, MAYOR ATTEST: I f� I , J 4 :RESA M. `G-O A MMC CLERK APPROVED AS TO LEGAL SUFFICIENCY: 174f kir—i/V CITY ATTORNEY AGREEMENT Between THE CITY OF AVENTURA and BERMELLO, AJAMIL&PARTNERS, INC. CONSULTING SERVICES FOR PARK DESIGN, ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION ADMINISTRATION OF THE CITY OF AVENTURA NE 188TH STREET PARK This Agreement is entered into by and between the City of Aventura ("City") and Berrnello, Ajamil&Partners, Inc. ("Consultant")as follows: WHEREAS,the City has advertised for requests for proposals for the provision of professional park design, architectural and engineering services which include programming, site planning, schematic design documents,preliminary cost estimates,preparation of schematic design documents, design development and construction documents,as well as providing professional consulting services in connection with review of bid specifications, assistance in the award of a contract for development of,and construction phase services related to the development of the Aventura NE 188th Street Park, WHEREAS, Consultant has been selected as a successful proposer, and WHEREAS, the Aventura NE 188th Street Park (hereinafter alternately referred to as the Project) and this entire group of responsibilities shall be alternately referred to as Basic Services and General Design Services. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREOF, BE IT AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. Recitals The above recitations are true and correct and made a part hereof. SECTION 2. Services The Consultant shall provide the following services as authorized as Exhibits /Scope of Services to this document (initially Exhibit "A") and future phases contained in work authorizations SECTION 3. City's Responsibility 1. The City shall provide all relevant information at its disposal to the Consultant to assist the Consultant in the development of its required work under the contract. The Consultant may request other information in the City's possession which it deems relevant to its task as set forth herein. The City shall also furnish the following information if in City's possession or readily available: all boundary, right- of-way and utility surveys; easement and right-of-way descriptions; soil borings; probings and subsurface exploration;hydrographic surveys;laboratory tests and inspections of samples of materials in its possession. 2. The City shall provide input to Consultant with respect to all submissions and proposed specifications and shall direct the Consultant as to the proposed program of improvements,criteria for their use and construction budget information. 1 3. The City shall guarantee access to and make all necessary provisions for Consultant to enter upon public lands as required for Consultant to perform his work under this contract 4. The City shall examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by Consultant and shall render in writing decisions pertaining thereto in order to provide general direction to Consultant within a reasonable time so as not to unreasonably delay the work of the Consultant Approval of any design by City shall constitute authorization by City to proceed based upon said design. 5. The City shall advertise for proposals from bidders to construct the Project or part thereof, open the proposals at the appointed time and place and pay for all costs incidental thereto. Provided, however, nothing herein shall obligate City to execute a fmal construction contract or to construct the Project;provided further the City reserves the right not to move forward with the bidding procedure. 6. The City shall provide such legal, fmancial, accounting and insurance counseling services as may be required for the Project 7. The City shall designate in writing a person to act as City's representative or to act for the City Manager where approvals and authorizations are required by the City Manager with respect to the work to be performed under this contract; such person shall have the complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to the work covered by this contract. 8. The City shall give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in the Project However,City shall be under no obligation to inspect or analyze any defect or other nonconformity with the Contract documents in the Project or to inspect the Work for defects or non-conformities. 9. The City shall be the applicant for all approvals from all governmental authorities having jurisdiction over the Project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project, unless otherwise provided in the construction contract for the project. 10. The City shall furnish or direct Consultant to provide, at City's expense, necessary additional services as stipulated in Exhibit"B";attached and made a part hereto. 11. The City acknowledges that the Consultant shall rely on all documents and information provided by the City to the Consultant; and furthermore,that the Consultant will perform its services, taking into account all City provided information as being accurate and reliable. SECTION 4. Termination 1. This Agreement may be terminated by the City upon 30 days' notice to Consultant without cause.Consultant may not terminate this Agreement except upon a breach by the City,which is not cured upon 30 days'notice to City.Further,this Agreement may be terminated by mutual agreement at any time or,if for a period of 2 years no work shall have been required or performed hereunder this contract shall be voidable at the option of either party. In the case of any termination, the Agreement shall immediately 2 terminate, provided Consultant shall be paid for work performed and costs incurred to the date of termination. Other covenants support the non-mutual provisions of this paragraph. 2. If this Agreement is terminated for any reason, then Consultant's sole remedy shall be payment for all work performed in accordance with this agreement to the termination date, provided it delivers to the City a copy of all studies,reports, sketches, estimates,specifications, drawings,proposals, and other documents to provide the City with the work product for which Consultant was paid. All said studies,reports,sketches, estimates, specifications, drawings,proposals and other documents shall be the property of the City for use as the City sees fit,provided that Consultant shall not be responsible or liable for any causes of action related to changes in or alterations to its work product. SECTION 5. Consultant's Compensation Consultant shall be compensated as defined in the attached Exhibits /Scope of Services to this document and future phases contained in work authorization documents approved by the City. SECTION 6. General Terms 1. The work to be performed under this Contract shall in no case be assigned by Consultant except for City approved sub-consultants for structural,MEP and civil engineering,and irrigation system design or other services not related to architectural or landscape architectural design, all of whom shall be considered sub-consultants under the charge of Consultant,with no additional cost to City,which approval shall not be unreasonable withheld by City. 2. By execution of this contract, Consultant accepts full responsibility for performance of all conditions thereunder. Consultant assumes complete responsibility for the work of all entities or persons whom it retains,employs,subcontracts with,or associates in the performance of the work set forth herein. If Consultant uses the services of any sub-consultants,or other parties,or associates with any other entities or parties on the performance of the work required hereunder the use of such parties or entities or persons, or any negligent errors or omissions of those sub-consultants, entities or persons retained by Consultant shall not be a defense for lack of performance or any other cause of action related to the work. The failure to perform of any sub-consultants, or other parties or entities or persons having a contractual or other relationship with the Consultant (or its sub-consultants) shall not be a defense by the Consultant in any action by the City against Consultant or in any action where City claims that there is a defect in the work set forth herein;Consultant shall be fully responsible for the actions of all persons with whom it contracts or utilizes in the participation of the work performed herein. However nothing contained herein shall prohibit City from seeking damages from any other responsible parties. SECTION 7. Quality of Work Consultant shall provide a quality of work which shall provide competent and professional design, specifications, contract documents, and construction phase services to the standard of the architectural profession and such other professions (including engineering) involved in the Project, as fully intended for the purposes as set forth by the City and as set forth herein,and as would be expected of such a Project. It shall be Consultant's responsibility to review documents available relating to the Project,to review the site and site conditions, and to take any action which would be reasonably expected to provide the Consultant with knowledge necessary to develop a design and specifications, and follow through in the nature of construction phase services which will yield the result intended by the City. 3 SECTION 8. Work Products Required Work products required for each scope of service shall be as set forth in Exhibits/Scope of Services to this document and future phases contained in work authorizations approved by the City. SECTION 9. Time for Completion Time for completion shall be as set forth in Exhibits /Scope of Services to this document and future phases contained in work authorizations approved by the City.,which shall be binding on Consultant, except where delays are caused beyond the control of Consultant, or due to revision of the program of improvements or,design criteria which causes Consultant to revise previously approved and completed work. SECTION 10. Ownership of Work Product All work product as described above and as otherwise developed by Consultant shall be the property of the City. The City may use or distribute such work product in any way it deems appropriate. If such work products are modified or altered by the City or anyone else at City's request for any use other than their intended purpose the City shall indemnify and hold the Consultant harmless and shall defend the Consultant against any and all claims,causes of action or liability resulting from any such modification or alteration to Consultant's work product to the extent permitted by law. SECTION 11. Indemnity Consultant indemnifies and holds the City harmless and shall defend the City against any claims, causes of action,judgments or liability of whatsoever nature related to patent or copyright infringement related to the work designs and work product submitted pursuant to this Agreement. Consultant shall indemnify and hold harmless City and City's officers and employees from any damage, liability, loss or cost, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,recklessness or intentional wrongful conduct of Consultant or other persons utilized by Consultant in performing the Services. This section shall survive the completion of the Project. SECTION 12. Performance All work performed by the Consultant, sub-consultants or those employed by consultant shall be of a professional quality which is the standard of the Architectural Profession and any other professional standards for other disciplines of any other sub-consultant or other parties employed by Consultant, and shall comply with the specific provisions contained herein. SECTION 13. Insurance Consultant shall comply with the insurance provisions defined in "Exhibit C" SECTION 14. Construction Budget 4 Consultant shall design the program of proposed improvements to conform to the budget as determined by the City, including use of Bid Alternates (and shall make appropriate design modifications to achieve this budget)at no additional cost to City.Consultant is acknowledged not to be responsible for failure to receive responsive bids because of construction industry conditions. Based upon recommendations of the Consultant, City may direct the Consultant to delete or revise items from the program of proposed improvements if cost estimates provided by Consultants indicate that construction costs will likely exceed the construction budget. SECTION 15. Compensation for Additional Services It shall be the burden of the Consultant to immediately notify (in writing) City of any claim that compensation should be increased and to demonstrate that the conditions have occurred which warrant City's authorization for additional services. The guidelines for additional services and compensation are outlined in Exhibit B. SECTION 16. No Work Stoppage As A Result Of Disputes: No Payment of Interest By City No dispute by Consultant shall provide a basis for Consultant to stop performing its work except as provided under Section 4, Termination, and paragraph 1. However, disputes as to the proportion of work complete or the right to any additional compensation shall not obviate the requirement of City to pay the amount it believes is reasonably due Consultant. Non-payment within 30 days of non-disputed invoices shall be considered breach of contract under this agreement, subject to notice under Sec. 4 (1). SECTION 17. Notices All notices required herein shall be in writing and either hand delivered or mailed certified,return receipt requested,to the following person at the address listed unless changed by written notice: CITY: CITY MANAGER CITY OF AVENTURA 19200 W. COUNTRY CLUB DRIVE AVENTURA,FLORIDA 33180 CONSULTANT: PROJECT MANAGER BERMELLO,AJAMIL&PARTNERS,INC. 2601 SOUTH AYSHORE DRIVE, 10m FLOOR MIAMI,FLORIDA 33133 SECTION 18. Complete Agreement This is the complete agreement between the parties and no alteration hereto shall be given effect unless contained in a written agreement executed with equal dignity. SECTION 19. Warranties of Consultant 5 The Consultant hereby warrants and represents at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary to perform the services. SECTION 20. Prohibitions against Contingent Fess Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant,to solicit or secure this Agreement,and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for Consultant,any fee,commission,percentage,gift or any other consideration,contingent upon or resulting from the award or making of this Agreement SECTION 21. Governing Law This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any litigation hereunder shall be in Dade County, Florida. The parties hereby waive any right to a trial by jury concerning nay litigation between the parties which arises from this Agreement. SECTION 22. Effective Date This agreement shall be effective on the date the last party affixes its signature hereto. 6 AGREEMENT BETWEEN THE CITY OF AVENTURA AND BERMELLO,AJAMIL&PARTNERS, INC. for CONSULTING SERVICES FOR PARK DESIGN, ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION ADMINISTRATION OF THE CITY OF AVENTURA NE 188TH STREET PARK CITY OF AVENTURA ATTEST By: Teresa M. Soroka, MMC Eric M. Soroka, City Manager City Clerk Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY BERMELLO AJAMIL&PARTNERS, INC. By: Date: 7 • SCOPE OF SERVICES EXH I BIT A City of Aventura - N.E. 188th Street Park - Master Plan - Phase I Prepared September 17, 2014 a ligeff INTRODUCTION This proposal provides the City with a detailed Scope of Services for the Master Planning of the City's proposed park on N.E. 188th Street. The project site (1.5 Acres) is located on the south side of N.E. 188th Street immediately west of the new condominium project presently under construction called Echo. The site is presently utilized by the adjacent condominium development for a sales office, parking and construction trailers. The condominium development will vacate their leasing office/trailers in March 2015, and the City estimates construction of the park to begin in September 2015. The Echo Owner's will design and construct a waterfront pedestrian promenade across the entire water frontage along the south side of the site. This will be linked to the existing promenade to the West and a proposed promenade to the East. The City will provide the proposed plans for the walkway to the design team. Following the approval of a preferred Master Plan and development program at the completion of Phase I, a detailed Scope of Services for Phase II will be developed to carry the project through Design Development, Construction Drawings and Construction Administration. This scope is limited to the Tasks associated with Phase One. TEAM ORGANIZATION On Attachment B, we have provided an organizational chart which illustrates the structure of the Design Team we propose for Phase I. The team members are the same members that were provided to the City of Aventura in our original response to the City's RFP #14-8-09-2. SCOPE OF SERVICES The Scope of Services for this Phase I assignment are based on the development of an overall park master plan with the following preliminary program: Multi purpose play field Playground for 2 to 5 year age group with shade cover Playground for 5 to 12 year age group with shade cover Outdoor multi station fitness area with shade cover Exercise/walking path Security fencing along park boundaries Security lighting Park signage Benches and waste receptacles Two picnic shelters • N.E. 188TH STREET PARK-MASTER PLAN - PHASE I 8 • SCOPE OF SERVICES Note: Specific manufactures and design detail of individual program elements shall not be developed in the Phase I Scope and shall be developed in more detail in Phase II. Program elements shall be indicated conceptually in plan view only.This program is preliminary and other activities and uses may be added at the request of the City through the Phase I Master Planning process. Task 1 Data Collection, Site Survey, Base Map Preparation and Analysis of Existing Park Conditions Task 1-A Data Collection As the park site has already been developed for its present use, the first Task will be to establish which components of the existing site development, both from a hardscape and landscape point of view will remain available for park usage. (This will also be based on the agreement the City has with the adjacent developer) The Team will conduct a visual field study to determine the condition and location of all remaining landscape materials. If any components are to remain in place and require accurate locations, the City will commission an updated survey which is not included in this Scope of Services. (See Task 1-B) The City shall provide the Team all plans or concepts already developed for the park from previous studies. Task 1-B Boundary and Topographic Survey Although the City provided a 2012 survey of the site, the survey appears to have been completed prior to the removal of the Australian Pines and the construction of the present improvements to the property including the addition of a bulk head, paving, electrical service and landscaping. This scope includes the preapartion of a new boundary and topographic survey which shall include the establishment or resurrection of boundary corner monuments and location of perimeter boundary improvements within 5 feet of the boundary lines (Interior boundary improvements will not be located per Clients request). Services shall also include review of a Title Policy and plotting encumbrances listed in said Title Policy on the survey; however, the Client shall be responsible for supplying said Title Policy to Consultant together with hard copies of all the instruments listed in said Title Policy. Topographic data shall be obtained throughout the site on a 75 foot grid with obvious intermediate high and low areas obtained and at 25 foot intervals within the adjacent roadway (N.E. 188th Street). CONSULTANT shall field locate all native tree species over 4 inches in diameter at breast height (DBH). Common tree types and trunk diameters shall also be identified by the surveyor.Specific species identification will not be confirmed by an arborist unless further specified herein.The trees and identification will be depicted on the Boundary and Topographic Survey. Boundary and Topographic Survey shall conform to the Florida Standard of Practice as set forth by the Florida Board of professional Surveyors and Mappers (formerly in Chapter 5J-17 of the Florida Administrative Code), pursuant to Section 472.027 Florida Statutes. Task 1-C Preparation of Base Map B&A will prepare a base map for the park from information provided by the survey, the City, site visits, and aerial photos, with the purpose of using the base map for planning purposes. Task 1-D Identification of opportunities and constraints B&A will identify opportunities and constraints that may have an impact on the plan's development and any parameters the City may want to include in the Master Plan process. • N.E. 188TH STREET PARK-MASTER PLAN - PHASE I 9 • SCOPE OF SERVICES Task 2 Team/City Staff Workshop and Site Visit Task 2.A Program Development and City Staff Workshop (to be combined into one meeting with Kick off Meeting) Prior to the Staff Workshop, the B&A Team will review the program elements provided above and develop an additional series of program components suitable for possible inclusion into the Master Plan.The Design Team shall then meet with City staff for a workshop to discuss the opportunities and constraints for the overall site development. The workshop will include the appropriate City staff and members from B&A and Keith and Associates. Task 2.B Site Visit (to be held in conjunction with City Staff Workshop) During the workshop, the Design Team members and City representatives will meet at the site for a tour of the existing facilities. Task 3 Conceptual Master Plan Development Alternatives Based upon input from City staff and utilizing the confirmed program from Task 2,the Consultant shall develop two conceptual master plan options for the overall site. The plans will indicate the schematic location of walkways, structures and all paved areas for pedestrian access. The plans will be developed in full color with plant material illustrated at a conceptual level only. The Team Civil Engineer shall review the two plans and provide comments as they pertain to possible impacts of existing utilities and drainage. B&A shall modify the plans if required. Digital copies of the concept plans will be provided to City staff before any public presentations or workshops. This scope does not include artistic 3D color illustrations of the concept plans. Preparation of all perspective renderings will be billed per rendering, see fee schedule for estimated amount per rendering. Task 4 Community Workshop Following review of the two conceptual master plan options by City staff, the Consultant shall participate in a Community Workshop to obtain resident input on the two alternatives.The workshop will consist of a power point presentation by the Consultant to illustrate the master plan concepts with constructed examples of similar program elements from other locations. Each master plan alternative will be presented in full color plan view. The workshop participants will be surveyed on which alternative concept they prefer and requested to provide suggestions for additional program components to those illustrated on the master concept plans. The City will coordinate the set up of the workshop including all notices and communication with the community. The City will provide the location for the Public Workshop. • N.E. 188TH STREET PARK-MASTER PLAN - PHASE I 10 —z • SCOPE OF SERVICES Task 5 Presentation to the Community Services Advisory Board The Consultant shall make a presentation to the City's Community Services Advisory Board of the two alternative concept plans presented to the public in Task 4. The Consultant shall obtain comments from the Advisory Board and incorporate into the selected plan where appropriate at the direction of City staff. Task 6 Refine Alternative Park Plan Design Concept The Consultant shall further refine, based on the community input gathered in the Community Workshop,Task 4, and comments gathered from the Community Services Advisory Board in Task 5 the selected alternative park master plan design concept. The preferred alternative plan shall be rendered in full color illustrating the approved program components. Task 7 Preferred Master Plan Estimated Probable Cost Estimate The Consultant shall prepare a detailed (as much detail as possible from the information provided on the Master Plan) magnitude of cost estimate for the preferred Master Plan. The scope does not include project schedules, reconciliations or estimate updates or revisions. Changes to the preferred plan caused due to the Cost Estimate shall be provided on a time and materials basis. Task 8 Presentation to City Commission The Consultant shall carry out a formal presentation to the City Commission of the preferred Concept Plan. A Power Point presentation outlining the various components of the preferred Master Plan will be presented. A 24"x36" hard copy of the plan will also be prepared for discussion purposes during the presentation. In addition, the probable costs associated with the preferred plan will be presented. If a revised plan is required due to input from the City Commission, this shall be provided on a time and materials basis. Task 9 Project Coordination and Meetings The Consultant shall attend project meetings and provide miscellaneous project coordination associated with the above tasks.This will include attendance at regular project meetings with the City and or the Design Team. Time associated with workshops and presentations are included in the scope and fees of each of the above Tasks where appropriate. Additional workshops or meetings with the community, elected officials, the Community Services Advisory Board or City representatives will be billed on an hourly basis as additional services. DIRECT EXPENSES All direct expenses are included in the above scope for each Task. This does not include items such as hotels and travel beyond trips to and from the site. All direct expenses involving hotel expenses and travel beyond the Aventura area will be billed at cost in addition to the fees listed below following approval for such expenses by the City. • N.E. 188TH STREET PARK-MASTER PLAN - PHASE I 11 • SCOPE OF SERVICES COMPENSATION Task 1 Task 1-A Data Collection $ 885.00 Lump Sum Task 1-B Boundary and topographic Survey $ 4,600.00 Lump Sum Task 1-C Preparation of Base Map $ 750.00 Lump Sum Task 1-D Identification of Opportunities and Constraints $ 920.00 Lump Sum Task 2 Task 2-A Program Development and Staff Workshop Task 2-B Site Visit $ 1.400.00 Lump Sum Task 3 Conceptual Master Plan Development Alternatives $ 6,560.00 Lump Sum Task 4 Community Workshop $ 850.00 Lump Sum Task 5 Presentation to the Community Services Advisory Board $ 650.00 Lump Sum Task 6 Refine Alternative Park Plan Design Concept $ 1,100.00 Lump Sum Task 7 Preferred Master Plan Estimated Probable Cost Estimate $ 3,237.00 Lump Sum Task 8 Presentation to City Commission $ 900.00 Lump Sum Task 9 Project Coordination and Meetings $ 920.00 Lump Sum TOTAL $ 22,772.00 Lump Sum OPTIONAL TASK- 3D Renderings $ 3,000.00 EACH as needed NOTES -This scope does not include any detailed design development, construction drawings or perspective renderings. -This scope does not include any permitting actions or meetings with agencies with jurisdiction over this site or the adjacent waters. This includes local, county, state or federal agencies. -All fees provided in each Task are Lump Sum • N.E. 188TH STREET PARK-MASTER PLAN - PHASE I 12 • SCOPE OF SERVICES -3D renderings are priced per rendering and the City will determine number to be provided if any. This fee may vary depending on selected views and rendering technique. SCHEDULE We are prepared to begin this project immediately upon notice to proceed. We estimate that from the NTP including the prepartion of a new site survey, the total time frame to complete this Phase I is 11 weeks. • N.E.188TH STREET PARK-MASTER PLAN -PHASE I 13 • PHASE I - DESIGN TEAM EXHIBIT B Pill g PRIME CONSULTANT LUIS AIAMIL,P.E. RANDY HOLUNGWORTH • PRIME CONSULTANT Landscape Architecture KIRK J.OLNEY,'RLA ANDRES PIF EDA SUB-CONSULTANT TEAM KEITH&ASSOCIATES, INC. JAMES A.THIELE,P.E. TRACI L SCHEPPSKE,CGC.£M-1 W LEED AP MICHAEL MOSSEY,PSM • CMS-CONSTRUCTION MANAGEMENT SVCS.SVCSSERVICES KEITH EMERY • N.E. 188TH STREET PARK-MASTER PLAN - PHASE I 14 • INSURANCE REQUIREMENTS EXHIBIT C Such policy or policies shall be without any deductible amount unless otherwise noted in this Agreement and shall be issued by approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Miami-Dade County, Florida. The vendor shall pay all deductible amounts, if any. The vendor shall specifically protect the City and by naming the "City of Aventura" as additional insureds under the Commercial Liability Policy as well as on any Excess Liability Policy coverage. The official title of the certificate holder is the "City of Aventura." This official title shall be used in all insurance documentation. The Contractor shall purchase and maintain, in full force and effect for the life of the contract, at contractor's sole expense,the following insurance policies: 1. A business automobile policy (including automobile liability, garage keepers, and garage liability) which covers any vehicles used in connection with this agreement, regardless of whether the vehicle is owned, rented, hired or borrowed by the contractor. Minimum limits for bodily/property damage liability shall be One Million Dollars ($1,000,000) per occurrence. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned Vehicles, if applicable. Hired and Non-Owned Vehicles, if applicable. Employers'Non-Ownership, if applicable. 2. A Comprehensive general liability policy shall be provided which shall contain minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Premises and/or operations and independent contractors. Products and/or Completed Operations for contracts. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. • N.E. 188TH STREET PARK-MASTER PLAN - PHASE I 15 • INSURANCE REQUIREMENTS 3. A workers' compensation and employer's liability policy which covers all of the contractor's employees to be engaged in work on this contract as specified by and in accordance with Chapter 440,Florida Statutes,as may be amended from time to time, the "Workers' Compensation Law" of the State of Florida, and all applicable federal laws. In addition,the policy(ies)must include: Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000) each accident. The contractor acknowledges that the City will not be held responsible for Workers' Compensation or medical care for any/all of the contractor's employees. 4. A crime policy or fidelity bond covering, among other things: theft, employee dishonesty, or embezzlement. The policy or bond shall have minimum limits of Five Hundred Thousand Dollars($500,000)per occurrence. The City of Aventura shall be named as additional insured on policies listed as 1-4 of the contractor's above required policies of insurance except for the Workers' Compensation insurance. The form and types of coverage and sufficiency of insurer shall be subject to approval of the City Manager. The contractor agrees to indemnify, defend and hold harmless the City of Aventura from and against any and all claims, suits,judgments, executions,and/or liabilities as to bodily injuries and/or property damages which arise or grow out of this contract or contractors performance or operations hereunder. Notwithstanding any other provisions of this solicitation, it is hereby provided that to the extent that Sec. 725.08, F.S., is applicable,the selected contractor/vendor shall indemnify and hold harmless the City and City's officers and employees solely to the fullest extent authorized by Sec. 725.08(1), F.S., which shall be deemed to be incorporated herein. The contractor shall, in its contract with the City, be required to indemnify and hold harmless the City and its officers, agents, employees and instrumentalities from any and all liability, claims, liabilities, losses, and causes of action, including attorneys' fees and costs of defense which the City or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind of nature arising out of, or relating to or resulting from the provision of professional services by the contractor and/or its officers,employees, agents or independent contractors. The contractor shall be required to pay all claims and losses in connections therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. The City shall require that the contractor expressly understands and agrees that any insurance protection required by this agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City and its officers, employees, agents or instrumentalities as herein provided. Copies of all policies or certificates of such insurance shall be delivered to the City, and said documentation shall provide for the City to be notified a minimum of thirty (30) days prior to any cancellation,termination,reduction or non-renewal of any required insurance policy. • N.E. 188TH STREET PARK-MASTER PLAN - PHASE I 16 • INSURANCE REQUIREMENTS The Contractor shall also, upon request by the City, provide copies of all official receipts and endorsements as verification of contractor's timely payment of each insurance policy premium as required by this contract. Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of the vendor is completed. All policies must be endorsed to provide the City with at least thirty (30) days' notice of expiration, cancellation, and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty(30)days prior to the date of their expiration. The City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements based on insurance market conditions affecting the availability or affordability of coverage, or changes in the scope of work or specifications that affect the applicability of coverage. If the vendor uses a subcontractor, then the vendor shall ensure that subcontractor names the City as an additional insured. • N.E. 188TH STREET PARK-MASTER PLAN - PHASE I 17 4r • CERTIFICATE OF INSURANCE EXHIBIT D Client#:31137 BERMEAJA ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) _ 9/17/2014 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 CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Esther Garcia USI Insurance Services,LLC-CL PHONE FAX (A/C,No,ExI):954 607-4093 (_A/C,No): 610 362-8541 200 West Cypress Creek Rd#600 E.MAILSS: Esther.Garcia @usi.biz Fort Lauderdale,FL 33309 INSURER(S)AFFORDING COVERAGE NAIC# 954 607-4000 INSURER A:Hartford Casualty Insurance Corn 29424 INSURED INSURER B:Twin City Fire Insurance Compan 29459 Bermello,Ajamil&Partners,Inc. INSURER C:Continental Casualty Company 20443 2601 S Bayshore Dr Ste 1000 Miami,FL 33133-5437 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER JMM/DD/YYYY) (MMIDD/YYYYJ_,_ LIMITS A GENERAL LIABILITY X 21UUNKK3709 11/11/2013 11/11/2014 EACH CS(EOCCURRENCE $1,000,000 PR X COMMERCIAL GENERAL LIABILITY EMISEa olccurrence) $300,000 CLAIMS-MADE I X OCCUR MED EXP(My one person) $10,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 PRO- POLICY_ I JEGT LOC _ $ A AUTOMOBILE LIABILITY X 21UUNKK3709 11/11/2013 11/11/2014 acciden COMBINEDt)SINGLELIMIT $1,000,000 CO ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) _ $ UMBRELLALIAB _OCCUR 11/11/2013 EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE _$ DED RETENTION$ _ $ B WORKERS COMPENSATION 21WBAG1371 11/11/2013 11/11/2014 X WC ST 0T TO H- RYTAIU-IMRS EB AND EMPLOYERS LIABILITY E.L.EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? I N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT_$1,000,000 C Professional Liab AEH288262231 11/11/2013 11/11/2014 $2,000,000 Per Claim Claims Made Retro Date 11/18/2006 Ded$100K $2,000,000 Aggregate A Fidelity Bond 21BDDEV0632 03/01/2013 03/01/2016 $500,000 Limit _ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Certificate holder is additional insured as respects to General Liability when required by written contract. Crime Coverage is inluded under General Liability policy CERTIFICATE HOLDER CANCELLATION City of Aventura SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 19200 West Country Club Drive ACCORDANCE WITH THE POLICY PROVISIONS. Aventura,FL 33180 AUTHORIZED REPRESENTATIVE TH L ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S13303282/M11240601 EMGER • N.E. 188TH STREET PARK-MASTER PLAN - PHASE I 18