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Strategic Advisory Group Amendment 3
R9A §Jr4JgqigAdvisoryGroup Amendment #3 PROFESSIONAL SERVICES AGREEMENT DATED OCTOBER 19, 2011 BETWEEN THE CITY OF MIAMI BEACH AND STRATEGIC ADVISORY GROUP FOR CONSULTING SERVICES RELATIVE TO THE EXPANSION AND ENHANCEMENT OF THE MIAMI BEACH CONVENTION CENTER CAMPUS/DISTRICT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO 33-10/11 February 1, 2014 The following amends Strategic Advisory Group's ("SAG") scope of services, professional fees, and Term pursuant to our agreement dated October 19, 2011 to provide consulting services relative to the expansion and enhancement of the Miami Beach Convention Center. ADDITIONAL SCOPE OF SERVICES SAG, will manage, in conjunction with City staff, the process summarized in Exhibit 1. This will include: Overall a) Coordination — SAG will assist the CITY with coordinating the overall project and its team members, including, among others, CITY staff, design criteria professional, cost estimator, legal team, design-builder, convention center operator, and finance team. b) Schedule — SAG will create and maintain an overall project schedule outlining the critical path, milestones and key decision points for each process. The schedule will include the various major activities to be undertaken and the approximate timing of the commencement and completion of such major activities, as well as the specific tasks and responsible party. SAG will revise and submit to the CITY the project schedule from time to time throughout the term of this contract to reflect the then status of the schedule and recommend strategies for effective and efficient coordination and execution. See Exhibit 1 for a preliminary schedule. 3848 Saint Annes Court • Duluth,GA 30096 • (678)584-0705 *Jrpt1p9J9AdvisoryGroup c) Procurement Plan — SAG will outline for CITY approval the plan for procuring each team member that will be required. Key procurements will include those for the convention center design criteria professional, cost estimator, design-builder, and hotel developer. The plan will address timing, approach (RFQ, RFP, etc.), selection criteria, procurement law requirements, and approach to selection. The creation of the plan will include dialog with the CITY as to the advantages and disadvantages of the various options and how each might work best. d) Project Meetings — SAG will participate, and lead where appropriate, project meetings. Project meeting will be no less than bi-weekly. e) Public Meetings — SAG will participate in, and coordinate when required, public project-related meetings. f) Commission Meetings/Briefings — SAG will assist staff with Commission meetings, including the drafting of presentations/memos and the participation with CITY staff in Mayor/Commissioner briefings. g) Project Correspondence — SAG will assist with the drafting and/or reviewing of project information. This will include project update memorandums, proposal comparisons, and correspondence to the development teams. h) Presentation Materials — SAG will prepare presentation materials when required. Task 1: Convention Center Design Criteria Professional Procurement a) Procurement Plan — SAG will outline for CITY approval the plan for procuring the convention center design criteria professional. The plan will address timing, approach (RFQ, RFP, etc.), selection criteria, procurement law requirements, and approach to selection. The creation of the plan will include dialog with the City as to the advantages and disadvantages of the various options and how each might work best. i b) Procurement Coordination — Upon acceptance of the procurement plan, SAG will coordinate the procurement process in conjunction with the CITY. This will include drafting/reviewing RFQs and/or RFPs, identifying potential firms, scheduling and hosting the appropriate pre-proposal meetings, marketing the RFQ/RFP among potential candidates, reviewing submittals, presenting summaries to the selection committee, scheduling and hosting presentations, and facilitating the selection process. Task 2: Convention Center Design Criteria Professional Consultants Procurement a) Procurement Plan — SAG will, in conjunction with the design criteria professional, outline for CITY approval the plan for procuring the consultants required to 2 *srosvoicAdvisoryGroup complete the design criteria package. This is contemplated to include landscape, traffic, cost estimating, structural engineering, mechanical engineering, electrical engineering, civil engineering, lighting, technology, and security consultants. The plan will address timing, approach (RFQ, RFP, etc.), selection criteria, procurement law requirements, and approach to selection. The creation of the plan will include dialog with the City as to the advantages and disadvantages of the various options and how each might work best. b) Procurement Coordination — Upon acceptance of the procurement plan, SAG will assist the design criteria professional with implementing the procurement process in conjunction with the CITY. This will include drafting/reviewing RFQs and/or RFPs, identifying potential firms, scheduling and hosting the appropriate pre-proposal meetings, marketing the RFQ/RFP among potential candidates, reviewing submittals, presenting summaries to the selection committee, scheduling and hosting presentations, and facilitating the selection process. Task 3: Design Criteria Package Oversight a) Design Oversight — SAG will oversee the services of the design criteria professional in order to cause the preparation of preliminary site plans, surveys, topographical surveys, conceptual design, schematic design, and design development drawings. SAG will schedule and conduct design meetings to discuss the design procedures, decision-making, progress and scheduling. b) Consultant Contracts — SAG will review and advise CITY and its legal counsel on each consultant's scope of services, fees and consulting agreements, including direct negotiations and administration of the consultant agreements with the consultants on behalf of the CITY. c) Establish the Budget — SAG will establish a development budget consistent with CITY's objectives and funding available. The design criteria professional will be J 9 9 p directed to work toward this budget while achieving CITY goals and objectives. d) Cost Estimating — SAG will oversee the services of the CITY cost estimator in order to cause the preparation of ongoing hard cost estimates at conceptual design, schematic design, and design development drawing stages. SAG will augment the hard cost estimates to include relevant soft costs including design, project management, testing, FF&E, systems, escalation, and contingencies. e) Value Engineering eering — SAG will provide value engineering ideas, identifying alternative cost reduction options to maintain the established budget. f) Accounting — SAG will prepare for CITY's approval procedures for the review and processing of applications for consultant payments, review applications for payment, and make recommendations to CITY concerning payment. J *1rM*Q14;AdvisoryGroup g) Presentations — SAG will participate and assist in the preparation of materials for meetings of the CITY Commission, County, stakeholders, the financial team and any others requested by the CITY. Task 4: Financial/Legal a) Financial — SAG will provide ongoing financial analysis services related to the proposed financing of the project. This will include ongoing cash flow analysis, development budget analysis, and any other financial matter that arises as part of the process. b) Legal — SAG will assist the CITY legal team with the negotiation and completion of the various legal documents required for the project. Key agreements include the architect agreement, construction contracts, official statement, City/County/CITY funding agreement, land lease, etc. OPTIONAL SERVICES Task 5: Design-Builder Procurement a) Procurement Plan — SAG will outline for CITY approval the plan for procuring the design-builder. The plan will address timing, approach (RFQ, RFP, etc.), selection criteria, procurement law requirements, and approach to selection. The creation of the plan will include dialog with the City as to the advantages and disadvantages of the various options and how each might work best. b) Procurement Coordination — Upon acceptance of the procurement plan, SAG will coordinate the procurement process in conjunction with the design criteria professional and the CITY. This will include drafting RFQs and/or RFPs, identifying potential firms, scheduling and hosting the appropriate pre-proposal meetings, marketing the RFQ/RFP among potential candidates, reviewing submittals, presenting summaries to the selection committee, scheduling and hosting presentations, and facilitating the selection process. Task 6: Hotel Developer Procurement a) Approach — The referendum requirement creates a unique challenge in the solicitation of capable hotel developer. SAG will work with the CITY to create the best approach to maximize the potential of identifying viable and financially capable hotel developers of the project. b) Site — SAG will work with the CITY staff to outline the site options for the hotel. This will include providing prototypical programs of various hotel sizes to enable the site planners to understand the options. 4 StrategicAdvisoryGroup c) Form Lease — SAG will work with the CITY legal team to draft and review a prototypical hotel site lease. d) Referendum — SAG will assist the CITY as required related to referendum issues. e) Hotel Developer RFP — SAG will lead the effort to identify the best private development partner for the hotel. This includes working with the CITY to determine the best approach to solicit a development team, writing the RFQ/P, marketing the project, and assessing the submittals to determine which is best positioned to deliver the project consistent with project goals. f) Developer Negotiations — SAG will develop detailed terms sheet(s) with the short-listed developer(s) for CITY approval. Term sheets typically outline all material items such as key parties, program requirements, timelines, capital commitments, role of the public, room block commitments, windfall projection, cost overrun responsibility, disadvantaged business contracting goals, public oversight, termination provisions, and other unique project terms. g) Documentation — SAG will assist the legal team with ensuring term sheet business terms are incorporated into definitive agreements. ADDITIONAL FEES SAG's fees will be based on the time worked on the project multiplied by the hourly rates in Exhibit 2. Exhibit 2 presents an estimate of the hours by month for the Term of this amendment. Fees and expenses are not to exceed $322,300 ($29,300 on average over 11 months). Fees and expenses may increase if the City extends the schedule in Exhibit 1. Optional Services are not included in this fee estimate. invoice will include a summa of the tasks completed b day b person. Travel Each o summary p y y y p expenses will be paid in addition to fees. Expenses for airfare, rental car, taxi, hotel and any third party data will be invoiced based on the actual amount, without markup. Meals will be invoiced based on the City of Miami Beach's per diem rates. Invoices shall be submitted monthly and the City shall pay invoices within 30 days of receipt. SAG will maintain Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10% of the limit of liability. TERM This Amendment shall begin on February 1, 2014 and end on December 31, 2014. 5 *jr1jjejjj5jAdvisoryGroup IN WITNESS WHEREOF, the parties by their duly authorized representatives have caused this Subcontract Agreement to be executed as of the date first written above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST- By �,� C' ' y Clerk - •.� - ty Manag r * INCORP ORATED' � 26 FOR CONSULTANT: STRATEGIC ADVISORY GROUP LLC ATTEST: Thomas Reifert, Principal 9 ffrey Sachs, Managing Partner APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION .{-- 3'z L" 14- City Attom �,, Date 6 | | � . ^ ` . 4trestpolexAdvisoryGroup Exhibit 1 Preliminary Schedule Performance Criteria Consultant Procurement oraftnpo Commission Approve xpo ---- nrooutstanmng ----- Review/Interview ---------- Commission Selection ------------ Contract ------------���� Owners Rep i NN | ! Commission Approve«pp --------------------U� ` ' | 1 � | Performance Criteria Establish Budget --------------- Conceptual Design ----------------16 Schematic Design -----------------------� Design Development ------------------------- Commission Update/Approval ------------------------- � Miamioaue/nDA Approval � | � � � � � � 7 � � � t M StrategicAdvisoryGroup Exhibit 2 Summary of Fees and Expenses 1 2 3 4 5 6 7 8 9 10 11 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total DCP Procurement Design Criteria Hours Sachs 40 60 80 80 80 80 80 60 60 60 60 Reifert/Other 0 10 40 20 20 20 20 20 20 20 20 40 70 120 100 100 100 100 80 80 80 80 Billing Rates Sachs $325 $325 $325 $325 $325 $325 $325 $325 $325 $325 $325 Reifert/Other $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 Fees Sachs $13,000 $19,500 $26,000 $26,000 $26,000 $26,000 $26,000 $19,500 $19,500 $19,500 $19,500 $240,500 Reifert/Other 0 2,500 10,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 52,500 13,000 22,000 36,000 31,000 31,000 31,000 31,000 24,500 24,500 24,500 24,500 293,000 Expense Allowance(12%) 1,300 2,200 3,600 3,100 3,100 3,100 3,100 2,450 2,450 2,450 2,450 29,300 TOTAL $14,300 $24,200 $39,600 $34,100 $34,100 $34,100 $34,100 $26,950 $26,950 $26,950 $26,950 $322,300 $29,300 $36,251 8 A O® `7SW DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE UOBB 3/12/2014 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATIONIS 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: WELLS FARGO INS/SVNNAH ORG/PHS (A/C,,"N,EXt): (866) 467-8730 is,No): (888) 443-6112 263926 P: (866) 467-8730 F: (888) 443-6112 ADDRESS: PO BOX 29611 INSURER(S)AFFORDING COVERAGE NAIC# CHARLOTTE NC 28229 INSURERA: RLI Insurance INSURED INSURERS: Hartford Underwriters Insurance Co. INSURER C: STRATEGIC ADVISORY GROUP INSURER D: 3848 SAINT ANNES CT INSURER E: DULUTH GA 30096 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 TYPEOFINSURANCE ADDL SUBR POLICYNUMBER FOLIC EFF POLICYEXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1, 000, 000 CLAIMS-MADE �OCCUR DAMAGE TO RENTED s300, 000 PREMISES Ea occurrence) B X General Liab X 20 SBA NY5443 04/13/2014 04/13/2015 MED EXP(Any one person) $10, 000 PERSONAL&ADV INJURY $1, 000, 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2, 000, 000 POLICY[::] PRO ❑LOC PRODUCTS-COMP/OP AGG s2, 000, 000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1, 000, 000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED 20 SBA NY5443 04/13/2014 04/13/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ UMBRELLA LIAR d OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE JER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ❑ wn E.L.DISEASE-EA EMPLOYEE $ If yes,describe under $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT A Professional Liab RTP0002012 11/01/2013 11/01/2014 $1,000,000/51,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. 5— CERTIFICATE HOLDER CANCELLATION City of Miami Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE Tourism and Cultural Development DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Max A. Sklar, Director AUTHORIZED REPRESENTATIVE ` 1700 CONVENTION CENTER DRa2_ �� ,�� MIAMI BEACH, FL 33139 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ' 7 TY INSRANCE DATE(MM/DD/YYYY) ACORN° CERTIFICATE OF LIABILITY��- 03/11/2014 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: AUTOMATIC DATA PROCESSING INSURANCE AGCY INC PHONE FAX (A/C,No,Ext):(877)677-0428 (A/C,No): (877)677-0430 1 ADP BLVD MS 325 E-MAIL ROSELAND,NJ 07068 ADDRESS:spcbicadp@travelers.com (877)677-0428 PRO TO ERR ID : 4630DA164 XV770 70A INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA STRATEGIC ADVISORY GROUP INSURER B: _ 3848 ST ANNES COURT INSURER C: DULUTH,GA 30096 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 356757804011070 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. NSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABIITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED CLAIMS-MADE F—]OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ PRO- POLICY ELECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION N/A UB-7B462857-14 04/13/2014 04/13/2015 X TORY LIAMITS OER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $100,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is re uired) e. CERTIFICATE HOLDER CANCELLATION JEFF SACHS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 3848 SAINT ANNES COURT EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE DULUTH,GA 30096 WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE � ©1988-2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD WELLS FARGO INS/SVNNAH ORG/PHS PO BOX 29611 CHARLOTTE NC 28229 City of Miami Beach Tourism and Cultural Development Attn: Max A. Sklar, Director 1700 CONVENTION CENTER DR MIAMI BEACH FL 33139 ACORD 25(2014/01) SECTION V—SPECIAL TERMS AND CONDITIONS: INSURANCE The successful Proposer shall obtain, provide and maintain, during the term of the contract, the following types and amounts of insurance, which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Commercial General Liability. A policy including, but not limited to, comprehensive general liability, including bodily injury, personal injury, property damage, in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. 1. Workers'Compensation and Employer's Liability per the statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability$1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity(Hold harmless endorsement exactly as written in "insurance requirements" of specifications). 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance, in accordance with worker's compensation, laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Proposer or City, and shall name the City of Miami Beach, as an additional insured. No policy can be canceled without thirty (30) days prior written notice to the City. The successful Proposer shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the contract. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed contract. If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancies of Proposer outside the proposed contract, Proposer shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Proposer shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. FAILURE TO PROCURE INSURANCE: The successful Proposer's failure to procure or maintain required the insurance program shall constitute a material breach of the contract by which City may immediately terminate same. RFP No:33-10/11 5/24/2011 MBCC Consulting Services 19 of 32 City of Miami Beach INSURANCE CHECK LIST 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. The City must be named as an additional insured on the liability policies; and it must be stated on the certificate. i cancellation notice. Thirty (30) days written required. q 6. Best's guide rating B+: VI or better, latest edition. 7. The certificate must state the RFP number and title PROPOSER AND INSURANCE AGENT STATEMENT: I understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five(5)days after Proposal opening. If I am selected as the successful Proposer, I further understand and agree and acknowledge that failure to procure or maintain the required insurance policy shall constitute a material breach of the contract by which the City may immediately terminate same. For Proposer/ Print Name/Title Signature of Proposer RFP No:33-10/11 5/24/2011 MBCC Consulting Services 20 of 32 City of Miami Beach